February 18, 2010 Open Meeting Presentation on Ex Parte Rules NPRM
Reform of the FCC’s Ex Parte Rules
Notice of Proposed Rulemaking
February 18, 2010
Overall Goal: Increase openness,
transparency, and fairness in Commission
proceedings
• The ex parte process allows parties in most
Commission
proceedings to speak directly (or have
written communications) with Commission staff
and decision‐makers
• The ex parte process leads to more informed
decision‐
making, but disclosure of such
communications is critical to ensure
fairness to
other parties and the public
Summaries of Oral Ex Parte Presentations
• Proposal: Require the filing of an ex parte notice for every
oral ex parte presentation (even if no new
information or
arguments are
presented)
• Proposal: Require the filing of a notice that summarizes all
data and
arguments presented (although the filer may refer
to prior written filings for data and arguments that the filer
has presented before)
• Rationale: Parties and the public will know whenever an ex
parte contact occurs and have access to a complete and
accurate summary of the presentation, to facilitate any
response
Electronic Filing of Ex Parte Summaries
• Proposal: Codify a preference for electronic filing of
all notices
of ex parte presentations
• Proposal: Require electronic filing of notices of
permitted
ex parte presentations made during the
Sunshine Period
within four hours of the
presentation
• Rationale: Paper filing of ex parte presentations
causes delay and reduced
accessibility, which is
particularly problematic during the Sunshine
Period;
electronic filing allows ready access
The Sunshine Prohibition and Exceptions
• During the “Sunshine Period” (typically seven days prior
to an Open Commission
Meeting), ex parte presentations
generally are prohibited, subject to certain
exceptions
• Proposal: Seek comment on whether current exceptions
should be
narrowed or modified to prevent abuse and
promote fairness
• Proposal: Start Sunshine Period Prohibition at midnight
after a
Sunshine Notice has issued
• Rationale: Current exceptions may be abused and
uncertainty
exists as to when the Sunshine Period
Prohibition begins each month
Disclosure Statements
• Proposal: Seek comment on whether to require
disclosure
of ownership or other information in
filings at the Commission
• Seek comment on various disclosure models,
including those used by federal courts
• Seek comment on the extent to which ownership
information already available to the FCC can be
used
• Rationale: Commission personnel and interested
persons can better evaluate proposals and positions
taken when they understand a party’s interest in the
proceeding
Other Issues
• Seek comment on sanctions and enforcement
concerning violations of the ex parte rules
Seek comment on how the ex parte
• Seek comment on how the ex parte rules should
work with new media
• Other minor changes to the rules
Notice of Proposed Rulemaking
February 18, 2010
Overall Goal: Increase openness,
transparency, and fairness in Commission
proceedings
• The ex parte process allows parties in most
Commission
proceedings to speak directly (or have
written communications) with Commission staff
and decision‐makers
• The ex parte process leads to more informed
decision‐
making, but disclosure of such
communications is critical to ensure
fairness to
other parties and the public
Summaries of Oral Ex Parte Presentations
• Proposal: Require the filing of an ex parte notice for every
oral ex parte presentation (even if no new
information or
arguments are
presented)
• Proposal: Require the filing of a notice that summarizes all
data and
arguments presented (although the filer may refer
to prior written filings for data and arguments that the filer
has presented before)
• Rationale: Parties and the public will know whenever an ex
parte contact occurs and have access to a complete and
accurate summary of the presentation, to facilitate any
response
Electronic Filing of Ex Parte Summaries
• Proposal: Codify a preference for electronic filing of
all notices
of ex parte presentations
• Proposal: Require electronic filing of notices of
permitted
ex parte presentations made during the
Sunshine Period
within four hours of the
presentation
• Rationale: Paper filing of ex parte presentations
causes delay and reduced
accessibility, which is
particularly problematic during the Sunshine
Period;
electronic filing allows ready access
The Sunshine Prohibition and Exceptions
• During the “Sunshine Period” (typically seven days prior
to an Open Commission
Meeting), ex parte presentations
generally are prohibited, subject to certain
exceptions
• Proposal: Seek comment on whether current exceptions
should be
narrowed or modified to prevent abuse and
promote fairness
• Proposal: Start Sunshine Period Prohibition at midnight
after a
Sunshine Notice has issued
• Rationale: Current exceptions may be abused and
uncertainty
exists as to when the Sunshine Period
Prohibition begins each month
Disclosure Statements
• Proposal: Seek comment on whether to require
disclosure
of ownership or other information in
filings at the Commission
• Seek comment on various disclosure models,
including those used by federal courts
• Seek comment on the extent to which ownership
information already available to the FCC can be
used
• Rationale: Commission personnel and interested
persons can better evaluate proposals and positions
taken when they understand a party’s interest in the
proceeding
Other Issues
• Seek comment on sanctions and enforcement
concerning violations of the ex parte rules
Seek comment on how the ex parte
• Seek comment on how the ex parte rules should
work with new media
• Other minor changes to the rules
Document Outline
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