§ 3012.3. Definition of a matter before the Commission.
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/us/cfr/t39/s§ 3012.3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A matter is before the Commission at such time as the Commission may designate, but in no event later than the earlier of the filing of a request to initiate a proceeding or the Commission noticing a proceeding.
(b)A matter is also before the Commission at such time as the person responsible for the communication has knowledge that a request to initiate a proceeding is expected to be filed.
(c)Paragraph
(b)of this section does not apply to periodic reviews or reports issued by the Commission, or the 10-year review pursuant to 39 U.S.C. 3622(d)(3).
(d)The following explanations apply:
(1)A matter is no longer before the Commission upon the issuance of the final order or decision in the docketed matter;
(2)A matter is again before the Commission upon the filing of a request for reconsideration. The matter remains before the Commission until resolution of the matter under reconsideration;
(3)A matter is again before the Commission upon the remand of a Commission's final decision or order by an appellate court. The matter remains before the Commission until resolution of the matter under remand; and
(4)The mere potential that a request may be filed does not place a matter before the Commission. An affirmative action announcing, or actively preparing, an actual request with the intent to file within a reasonable period of time must be present.
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§ 3012.3
Definition of a matter before the Commission.
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