Sec. 1.4  Computation of time.

    (a) Purpose. The purpose of this rule section is to detail the 
method for computing the amount of time within which persons or entities 
must act in response to deadlines established by the Commission. It also 
applies to computation of time for seeking both reconsideration and 
judicial review of Commission decisions.
    (b) General Rule--Computation of Beginning Date When Action is 
Initiated by Commission or Staff. Unless otherwise provided, the first 
day to be counted when a period of time begins with an action taken by 
the Commission, an Administrative Law Judge or by members of the 
Commission or its staff pursuant to delegated authority is the day after 
the day on which public notice of that action is given. See Sec. 1.4(b) 
(1)-(5) of this section. Unless otherwise provided, all Rules measuring 
time from the date of the issuance of a Commission document entitled 
``Public Notice'' shall be calculated in accordance with this section. 
See Sec. 1.4(b)(4) of this section for a description of the ``Public 
Notice'' document. Unless otherwise provided in Sec. 1.4 (g) and (h) of 
this section, it is immaterial whether the first day is a ``holiday.'' 
For purposes of this section, the term public notice means the date of 
any of the following events: See Sec. 1.4(e)(1) of this section for 
definition of ``holiday.''
    (1) For documents in notice and comment rule making proceedings, 
including summaries thereof, the date of publication in the Federal 
Register.
    Example 1: A document in a Commission rule making proceeding is 
published in the Federal Register on Wednesday, May 6, 1987. Public 
notice commences on Wednesday, May 6, 1987. The first day to be counted 
in computing the beginning date of a period of time for action in 
response to the document is Thursday, May 7, 1987, the ``day after the 
day'' of public notice.
    Example 2: Section 1.429(e) provides that when a petition for 
reconsideration is timely filed in proper form, public notice of its 
filing is published in the Federal Register. Section 1.429(f) provides 
that oppositions to a petition for reconsideration shall be filed within 
15 days after public notice of the petition's filing in the Federal 
Register. Public notice of the filing of a petition for reconsideration 
is published in the Federal Register on Wednesday, June 10, 1987. For 
purposes of computing the filing period for an opposition, the first day 
to be counted is Thursday, June 11, 1987, which is the day after the 
date of public notice. Therefore, oppositions to the reconsideration 
petition must be filed by Thursday, June 25, 1987, 15 days later.
    (2) For non-rulemaking documents released by the Commission or 
staff, whether or not published in the Federal Register, the release 
date. A document is ``released'' by making the full text available to 
the press and public in the Commission's Office of Public Affairs. The 
release date appears on the face of the document.
    Example 3: The Chief, Mass Media Bureau, adopts an order on 
Thursday, April 2, 1987. The text of that order is not released to the 
public until Friday, April 3, 1987. Public notice of this decision is 
given on Friday, April 3, 1987. Saturday, April 4, 1987, is the first 
day to be counted in computing filing periods.
    (3) For rule makings of particular applicability, if the rule making 
document is to be published in the Federal Register and the Commission 
so states in its decision, the date of public notice will commence on 
the day of the Federal Register publication date. If the decision fails 
to specify Federal Register publication, the date of public notice will 
commence on the release date, even if the document is subsequently 
published in the Federal Register. See Declaratory Ruling,  51 FR 23059  
(June 25, 1986).
    Example 4: An order establishing an investigation of a tariff, and 
designating issues to be resolved in the investigation, is released on 
Wednesday, April 1, 1987, and is published in the Federal Register on 
Friday, April 10, 1987. If the decision itself specifies Federal

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Register publication, the date of public notice is Friday, April 10, 
1987. If this decision does not specify Federal Register publication, 
public notice occurs on Wednesday, April 1, 1987, and the first day to 
be counted in computing filing periods is Thursday, April 2, 1987.
    (4) If the full text of an action document is not to be released by 
the Commission, but a descriptive document entitled ``Public Notice'' 
describing the action is released, the date on which the descriptive 
``Public Notice'' is released.
    Example 5: At a public meeting the Commission considers an 
uncontested application to transfer control of a broadcast station. The 
Commission grants the application and does not plan to issue a full text 
of its decision on the uncontested matter. Five days after the meeting, 
a descriptive ``Public Notice'' announcing the action is publicly 
released. The date of public notice commences on the day of the release 
date.
    Example 6: A Public Notice of petitions for rule making filed with 
the Commission is released on Wednesday, September 2, 1987; public 
notice of these petitions is given on September 2, 1987. The first day 
to be counted in computing filing times is Thursday, September 3, 1987.
    (5) If a document is neither published in the Federal Register nor 
released, and if a descriptive document entitled ``Public Notice'' is 
not released, the date appearing on the document sent (e.g., mailed, 
telegraphed, etc.) to persons affected by the action.
    Example 7: A Bureau grants a license to an applicant, or issues a 
waiver for non-conforming operation to an existing licensee, and no 
``Public Notice'' announcing the action is released. The date of public 
notice commences on the day appearing on the license mailed to the 
applicant or appearing on the face of the letter granting the waiver 
mailed to the licensee.
    (c) General Rule--Computation of Beginning Date When Action is 
Initiated by Act, Event or Default. Commission procedures frequently 
require the computation of a period of time where the period begins with 
the occurrence of an act, event or default and terminates a specific 
number of days thereafter. Unless otherwise provided, the first day to 
be counted when a period of time begins with the occurrence of an act, 
event or default is the day after the day on which the act, event or 
default occurs.
    Example 8: Commission Rule Sec. 21.39(d) requires the filing of an 
application requesting consent to involuntary assignment or control of 
the permit or license within thirty days after the occurrence of the 
death or legal disability of the licensee or permittee. If a licensee 
passes away on Sunday, March 1, 1987, the first day to be counted 
pursuant to Sec. 1.4(c) is the day after the act or event. Therefore, 
Monday, March 2, 1987, is the first day of the thirty day period 
specified in Sec. 21.39(d).
    (d) General Rule--Computation of Terminal Date. Unless otherwise 
provided, when computing a period of time the last day of such period of 
time is included in the computation, and any action required must be 
taken on or before that day.
    Example 9: Paragraph 1.4(b)(1) of this section provides that 
``public notice'' in a notice and comment rule making proceeding begins 
on the day of Federal Register publication. Paragraph 1.4(b) of this 
section provides that the first day to be counted in computing a 
terminal date is the ``day after the day'' on which public notice 
occurs. Therefore, if the commission allows or requires an action to be 
taken 20 days after public notice in the Federal Register, the first day 
to be counted is the day after the date of the Federal Register 
publication. Accordingly, if the Federal Register document is published 
on Thursday, July 23, 1987, public notice is given on Thursday, July 23, 
and the first day to be counted in computing a 20 day period is Friday, 
July 24, 1987. The 20th day or terminal date upon which action must be 
taken is Wednesday, August 12, 1987.
    (e) Definitions for purposes of this section:
    (1) The term holiday means Saturday, Sunday, officially recognized 
federal legal holidays and any other day on which the Commission's 
offices are closed and not reopened prior to 5:30 p.m. For example, a 
regularly scheduled Commission business day may become a holiday if its 
offices are closed prior to 5:30 p.m. due to adverse weather, emergency 
or other closing.

    Note: As of August 1987, officially recognized federal legal 
holidays are New Year's Day, January 1; Martin Luther King's Birthday, 
third Monday in January; Washington's Birthday, third Monday in 
February; Memorial Day, last Monday in May; Independence Day, July 4; 
Labor Day, first Monday in September; Columbus Day, second Monday in 
October; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in 
November; Christmas Day, December 25. If a legal holiday falls on 
Saturday or Sunday, the holiday is taken, respectively, on the preceding 
Friday or the following Monday. In addition, January 20, (Inauguration 
Day)

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following a Presidential election year is a legal holiday in the 
metropolitan Washington, DC area. If Inauguration Day falls on Sunday, 
the next succeeding day is a legal holiday. See 5 U.S.C. 6103; Executive 
Order No. 11582,  36 FR 2957  (Feb. 11, 1971). The determination of a 
``holiday'' will apply only to the specific Commission location(s) 
designated as on ``holiday'' on that particular day.

    (2) The term business day means all days, including days when the 
Commission opens later than the time specified in Rule Sec. 0.403, which 
are not ``holidays'' as defined above.
    (3) The term filing period means the number of days allowed or 
prescribed by statute, rule, order, notice or other Commission action 
for filing any document with the Commission. It does not include any 
additional days allowed for filing any document pursuant to paragraphs 
(g), (h) and (j) of this section.
    (4) The term filing date means the date upon which a document must 
be filed after all computations of time authorized by this section have 
been made.
    (f) Except as provided in Sec. 0.401(b) of the Rules, all petitions, 
pleadings, tariffs or other documents not required to be accompanied by 
a fee and which are hand-delivered must be tendered for filing in 
complete form before 5:30 p.m. in the Office of the Secretary, either in 
Washington or Gettysburg, as directed by the Rules. The Secretary will 
determine whether a tendered document meets the pre-5:30 deadline.
    (g) Unless otherwise provided (e.g., Secs. 1.773 and 76.1502(e)(1) 
of this chapter), if the filing period is less than 7 days, intermediate 
holidays shall not be counted in determining the filing date.
    Example 10: A reply is required to be filed within 5 days after the 
filing of an opposition in a license application proceeding. The 
opposition is filed on Wednesday, June 10, 1987. The first day to be 
counted in computing the 5 day time period is Thursday, June 11, 1987. 
Saturday and Sunday are not counted because they are holidays. The 
document must be filed with the Commission on or before the following 
Wednesday, June 17, 1987.
    (h) If a document is required to be served upon other parties by 
statute or Commission regulation and the document is in fact served by 
mail (see Sec. 1.47(f)), and the filing period for a response is 10 days 
or less, an additional 3 days (excluding holidays) will be allowed to 
all parties in the proceeding for filing a response. This paragraph 
(Sec. 1.4(h)) shall not apply to documents filed pursuant to Sec. 1.89, 
Sec. 1.120(d), Sec. 1.315(b) or Sec. 1.316. For purposes of this 
paragraph service by facsimile shall be deemed equivalent to hand 
delivery.
    Example 11: A reply to an opposition for a petition for 
reconsideration must be filed within 7 days after the opposition is 
filed. 47 CFR 1.106(h). The rules require that the opposition be served 
on the person seeking reconsideration. 47 CFR 1.106(g). If the 
opposition is served on the party seeking reconsideration by mail and 
the opposition is filed with the Commission on Monday, November 9, 1987, 
the first day to be counted is Tuesday, November 10, 1987 (the day after 
the day on which the event occurred, Sec. 1.4(c)), and the seventh day 
is Monday, November 16. An additional 3 days (excluding holidays) is 
then added at the end of the 7 day period, and the reply must be filed 
no later than Thursday, November 19, 1987.
    Example 12: Assume that oppositions to a petition in a particular 
proceeding are due 10 days after the petition is filed and must be 
served on the parties to the proceeding. If the petition is filed on 
October 28, 1993, the last day of the filing period for oppositions is 
Sunday, November 7. If service is made by mail, the opposition is due 
three days after November 7, or Wednesday, November 10.
    (i) If both paragraphs (g) and (h) of this section are applicable, 
make the paragraph (g) computation before the paragraph (h) computation.
    Example 13: Section 1.45(b) requires the filing of replies to 
oppositions within five days after the time for filing oppositions has 
expired. If an opposition has been filed on the last day of the filing 
period (Friday, July 10, 1987), and was served on the replying party by 
mail, Sec. 1.4(i) of this section specifies that the paragraph (g) 
computation should be made before the paragraph (h) computation. 
Therefore, since the specified filing period is less than seven days, 
paragraph (g) is applied first. The first day of the filing period is 
Monday, July 13, 1987, and Friday, July 17, 1987 is the fifth day (the 
intervening weekend was not counted). Paragraph (h) is then applied to 
add three days for mailing (excluding holidays). That period begins on 
Monday, July 20, 1987. Therefore, Wednesday, July 22, 1987, is the date 
by which replies must be filed, since the intervening weekend is again 
not counted.
    (j) Unless otherwise provided (e.g. Sec. 76.1502(e) of this chapter) 
if, after making all the computations provided for in this section, the 
filing date falls on a holiday, the document shall be

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filed on the next business day. See paragraph (e)(1) of this section.
    Example 14: The filing date falls on Friday, December 25, 1987. The 
document is required to be filed on the next business day, which is 
Monday, December 28, 1987.
    (k) Where specific provisions of part 1 conflict with this section, 
those specific provisions of part 1 are controlling. See, 
e.g.,Secs. 1.45(d), 1.773(a)(3) and 1.773(b)(2). Additionally, where 
Sec. 76.1502(e) of this chapter conflicts with this section, those 
specific provisions of Sec. 76.1502 are controlling. See e.g. 47 CFR 
76.1502(e).
[52 1997 FR 49159 , Dec. 30, 1987;  53 FR 44196 , Nov. 2, 1988, as amended at  56 FR 40567 , 40568, Aug. 15, 1991;  58 FR 17529 , Apr. 5, 1993;  61 FR 11749 , 
Mar. 22, 1996;  62 FR 4170 , Jan. 29, 1997;  62 FR 26238 , May 13, 1997]