Report No. GN 97-5         ACTION IN DOCKET CASE             March 17, 1997


                COMMISSION AMENDS RULES CONCERNING EX PARTE
                     PRESENTATIONS IN ITS PROCEEDINGS
                           (GC DOCKET NO. 95-21)

     The FCC has amended its rules governing ex parte
presentations in proceedings before the Commission.  The
Commission took this action to simplify and clarify its ex parte
rules; to make compliance with the rules easier; and to enhance
their effectiveness in promoting fairness in Commission
proceedings. The Commission stressed that the ex parte rules are
important and that full compliance is expected.

     Ex parte presentations are communications directed to the
merits or outcome of a proceeding which, if written, are not
served on the parties to the proceeding or, if oral, are not
preceded by notice to the parties and an opportunity for the
parties to be present.  The ex parte rules ensure the fairness
and integrity of the Commission's decision-making processes.

     The rules specify "exempt" proceedings in which ex parte
presentations may be made freely; "permit-but-disclose"
proceedings (formerly called "non-restricted") in which ex parte
presentations to Commission decision-making personnel are
permissible, but subject to certain disclosure requirements; and,
"restricted" proceedings in which ex parte presentations to and
from Commission decision-making personnel are generally
prohibited.  In all proceedings decided at Commission meetings, a
certain period (called the Sunshine Agenda period) is designated
in which all presentations to Commission decision-making
personnel are prohibited.

The Commission noted that where the public interest so requires
in a particular proceeding, the Commission and its staff retain
the discretion to modify the applicable ex parte rules by order,
letter, or public notice.  Joint Boards may also modify the ex
parte rules in proceedings before them.

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     In amending the rules, the Commission sought to simplify and
clarify the system by which specific proceedings are classified
as exempt, permit-but-disclose, and restricted.  The new rules
contain relatively short lists -- in comparison with the former
rules -- of proceedings specified as exempt and permit-but-
disclose, and provide that all other proceedings are restricted. 
Unlike the former rules, in which the ex parte status of a
proceeding could change depending on whether certain events (such
as the filing of a "formal opposition") occurred, the new rules
provide that the ex parte status of a proceeding is generally
fixed from its inception.  The degree to which presentations are
prohibited or subject to disclosure requirements consequently
depends on what parties, as defined by the rules, are present. 
For example, in a single party proceeding, the sole party is free
to communicate with the Commission, even if the proceeding is
restricted.  However, in a restricted proceeding with two
parties, neither could communicate with the Commission without
serving any written presentation on the other party or giving the
other party the opportunity to be present at any oral
presentation.

     Under the new rules, the concept of "formal opposition or
complaint" has been abolished.  Instead, the test for whether a
person is entitled to service or an opportunity to be present is
generally whether their complaint or other submission has been
served and whether it references the relevant proceeding, factors
which would make them a party.  Section 208 complaints, cable
rate complaints, and comments by members of the public regarding
pending broadcast applications are given special treatment
designed to take into account the particular circumstances
involved.    

     The Commission also clarified or modified other aspects of
the ex parte rules.  

     * The Commission declined to require in permit-but-
     disclose proceedings the disclosure of oral
     presentations that do not involve new data or
     arguments.  The Commission did, however, stress that
     presentations that did involve new matter must be fully
     disclosed.  A mere listing of the subjects discussed is
     not sufficient, and more than a one or two sentence
     description of the views and arguments presented is
     required.  This rule will be strictly enforced. 
     Notices must now be filed by the next business day --
     rather than the same day -- as the presentation.

     * The Commission created a limited exception to the
     Sunshine period prohibition, for the public discussion
     of items adopted at open meetings but not yet released.



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     * The Commission indicated that public notices listing
     ex parte presentations would be released at least twice
     a week instead of the current once a week.

     * The Commission transferred the responsibility for
     reviewing alleged ex parte violations from the Managing
     Director to the General Counsel.

The Commission also amended the rules in several, more minor
respects.  

     Action by the Commission March 13, 1996, by Report and Order
(FCC 97-92).  Chairman Hundt, Commissioners Quello, Ness, and
Chong.

                                   -FCC-

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