Report No. DC95-24         ACTION IN DOCKET CASE           February 7, 1995


          FCC PROPOSES CHANGES CONCERNING EX PARTE PRESENTATIONS
                         IN COMMISSION PROCEEDINGS
                           (GC DOCKET NO. 95-21)

     In an effort to make them simpler, clearer, and, in some
instances, less restrictive, while providing greater openness and
public disclosure, the Commission has proposed amending its ex
parte rules.

     The proposed rules would prohibit ex parte presentations
only in proceedings in which such presentations are barred by the
Administrative Procedure Act (APA).  Ex parte presentations would
be permitted in most other proceedings but would have to be
disclosed in the public record.  The Commission believes that
reform of the ex parte rules will improve the public's ability to
communicate with the FCC in a manner that comports with
fundamental principles of fairness, and preserve the public's
confidence in the integrity of the Commission's processes.  

     Ex parte presentations are communications concerning  the
merits of a proceeding, which, if written, are not served on all
parties to a proceeding, and, if oral, are made without prior
notice to all parties and without an opportunity for those
parties to be present.

     The Notice of Proposed Rule Making proposes to change the
way the Commission classifies proceedings as restricted (ex parte
presentations prohibited), non-restricted (permit-but-disclose),
or exempt.  In general terms, these proposals would reduce the
number of restricted proceedings in which ex parte contacts are
prohibited, but would expand the number of proceedings to which
the "permit but disclose" rules would apply.  A number of
formerly-exempt proceedings, such as petitions for rule making,
are proposed to be subject to the "permit but disclose" rules. 
These proposals are intended to eliminate confusion as to when
and whether a particular proceeding is subject to a limitation on
ex parte presentations, and when public disclosure of
presentations is required.  This would make it easier for  the 


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public to determine the ex parte status of a proceeding. These
proposals would also eliminate unnecessary restrictions on the
public's ability to communicate with the Commission.

     The Commission also requested comment on whether it should 
provide for a sunshine period for circulation items commencing
with the issuance of a news release announcing FCC action on a
circulation item.  Comments are also requested on whether 
presentations concerning recently adopted items, made during
speeches or panel discussions at widely attended meetings, should
be exempt from the sunshine period prohibition.

     The Commission also asked for comment on whether it should
require notices to be filed for all ex parte contacts made in
permit-but-disclose proceedings, not only those in which new
matter is discussed. 

     Action by the Commission February 7, 1995, by Notice of
Proposed Rulemaking (FCC 95-52).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong, with Commissioner Barrett
issuing a separate statement.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Office of General Counsel contact: David S. Senzel at (202)
418-1760.