Before the
              Federal Communications Commission   FCC 94-258
                          Washington, D. C. 20554


In the Matter of                )
                                )
Amendment of the Commission's   ) 
Ex Parte Rules                  ) 


                                   ORDER


Adopted: October 7, 1994;     Released: October 20, 1994;


By the Commission:


     1.  By this Order, we amend our ex parte rules to provide an
exemption for presentations between the Commission and the
Department of Justice or Federal Trade Commission relating to
telecommunications competition matters.  The rules are further
amended to provide for disclosure of any new factual information
obtained by the Commission in such presentations if such
information is relied on by the Commission in the decision-making
process.  This exemption would not apply if the Department of
Justice or Federal Trade Commission becomes a party to the
proceeding , e.g., by the filing of comments in the proceeding. 
Nor would it apply if the proceeding is designated for hearing.

     2.  We believe that this exemption will promote the public
interest through the exchange of information and ideas between
the Commission and the other principal agencies responsible for
promoting or ensuring competition in the telecommunications
industry.  It should lead to more effective enforcement and
protection of the public interest, development and application of
more consistent analytical methodologies, an improved, expedited
license transfer process, and the possible avoidance of
unnecessarily duplicative efforts.  At the same time, the
requirement for disclosure of any factual information relied on
by the Commission will protect the rights of the parties.

     3.  Because the amendment adopted herein relates to agency
practice and procedure, notice and comment is not required.  5
U.S.C. 553(b)(A). 

     4.  Accordingly, IT IS ORDERED, that Part 1 of the Rules and
Regulations of the Federal Communications Commission ARE AMENDED
in the manner indicated in the Appendix to this Order.

     5.  IT IS FURTHER ORDERED that these amendments to the
Commission's Rules SHALL BECOME EFFECTIVE upon publication in the
Federal Register.  See 5 U.S.C.  553(d).

     6.  Authority for this action is contained in Sections 4(i),
4(j), and 303(r) of the Communcations Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), and 303(r).



                              William F. Caton
                              Acting Secretary 



                       APPENDIX


Part I (Practice and Procedure) of Chapter 1 of Title 47 of the
Code of Federal Regulations is amended as follows:

     1.  The authority citation for Part 1 continues to read as
follows:

     Authority:  Sections 4, 303, 48 Stat. 1066, 1082, as
amended; 47 U.S.C.  154, 303: Implement 5 U.S.C.  552 and  21
U.S.C. 853a, unless otherwise noted.

     2.  Section 1.1204(b) is amended by adding paragraph (8) to
read as follows:

 1.1204 General exemptions

                      * * * * *

          (8) The presentation is to or from the United
          States Department of Justice or Federal Trade
          Commission and involves a telecommunications 
          competition matter in a proceeding which has not
          been designated for hearing and in which the 
          relevant agency (Department of Justice or Federal
          Trade Commission) is not a party; provided that,
          any new factual information obtained through such a 
          presentation that is relied on by the Commission
          in its decision-making process will be disclosed by the
          Commission no later than at the time of issuance of the
          Commission's decision.