---
kind: "section"
citation: "39 C.F.R. § 3012.3"
title: "39"
number: "3012.3"
heading: "Definition of a matter before the Commission."
url: "https://uscodex.org/cfr/39/3012.3"
---

# §3012.3. Definition of a matter before the Commission.

- (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)](#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)](/usc/39/3622.md?p=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.

## Notes

### Authority

Authority: 39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662.

### Source

Source: 81 FR 42541, June 30, 2016, unless otherwise noted. Redesignated at 85 FR 9615, Feb. 19, 2020.