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Commission Seeks Comment on Retrospective Analysis of Rules.

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Released: December 8, 2011

Federal Communications Commission

News Media Information 202 / 418-0500
445 12th Street, S.W.
TTY 202 / 418-2555

Washington, D.C. 20554


DA 11-2002

December 8, 2011



GC Docket No. 11-199

Comments Due: February 8, 2012
Reply Comments Due: February 22, 2012

On November 7, 2011, the Commission released a Preliminary Plan for Retrospective Analysis
of Existing Rules (“Preliminary Plan”).1 The Preliminary Plan describes the Commission’s ongoing
process of identifying outmoded or counterproductive rules and provides an overview of recent and
current proceedings that include retrospective analysis. The Commission seeks comment generally on
the Preliminary Plan and also seeks specific recommendations as outlined below.
The Commission is committed to being a responsive, efficient and effective agency that
harnesses and promotes the technological and economic opportunities of the new millennium. As part of
the Commission’s goal to be a model of excellence in government, the agency has, since 2009,
undertaken far-reaching initiatives designed to achieve its statutory objectives while removing burdens
on industry and promoting innovation and job growth.
In furtherance of these objectives, the Commission seeks comment on the following questions:
1) What additional steps should the Commission take to identify rules that should be changed,
streamlined, consolidated, or removed?
2) How can the Commission further reduce burdens on industry and consumers while fostering
competition, diversity and innovation?
3) Are there Commission rules or reporting requirements that are duplicative or that have
conflicting requirements among its bureaus and offices or with other agencies?
4) Are there Commission rules or reporting requirements that could be modified to better
accomplish their regulatory objectives?
In addition, commenters are encouraged to submit other suggestions that may help the
Commission develop better regulations and processes. Commenters are asked to specifically identify the
rules or reporting requirements they are addressing, and to provide specific suggestions for ways the

1 Preliminary Plan for Retrospective Analysis of Existing Rules, November 7, 2011, available at

DA 11-2002

Commission should modify such rules or reporting requirements, including alternative language where
The proceeding initiated by this Public Notice shall be treated as a “permit-but-disclose”
proceeding in accordance with the Commission’s ex parte rules.2 Persons making ex parte presentations
must file a copy of any written presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can
be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
Pursuant to Sections 1.415 and 1.419 of the Commission’s Rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

2 47 C.F.R. §§ 1.1200 et seq.

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U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
For further information regarding this proceeding, contact Jennifer Tatel, Office of General
Counsel, (202) 418-1700.

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