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FCC Extends Pleading Cycle For Indecency Cases Policy

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Released: May 10, 2013


News Media Information 202 / 418-0500

Federal Communications Commission

TTY 202 / 418-2555
445 12th St., S.W.

Washington, D.C. 20554

DA 13-1071

Released: May 10, 2013


GN Docket No. 13-86

Comment Date: June 19, 2013
Reply Comment Date: July 18, 2013

On April 1, 2013, the Enforcement Bureau and the Office of General Counsel released a
Public Notice seeking comment on whether the full Commission should make changes to its
current broadcast indecency policies or maintain them as they are.1 The Notice was published in
the Federal Register on April 19, 2013,2 thereby establishing May 20, 2013, as the deadline for
filing comments, and June 18, 2013, as the deadline for filing reply comments.
On April 26, 2013, the National Association of Broadcasters (NAB) filed a request to
extend the deadlines for filing comments and reply comments by 30 days.3 The NAB cited the
importance of the Commission’s rules and policies governing broadcast indecency and the need
for additional time to “respond fully to the complex policy, legal and constitutional questions
raised in this proceeding.”4 NAB particularly cited its need to consider the views of its members
on the issues and the impact on stations and networks.5

1 See FCC Reduces Backlog of Broadcast Indecency Complaints by 70% (More than One Million Complaints);
Seeks Comment on Adopting Egregious Cases Policy
, Public Notice, DA 13-581, 2013 WL 1324503 (Enf. Bur. and
OGC rel. Apr.1, 2013) (Notice).
2 78 Fed. Reg. 23,563 (Apr. 19, 2013).
3 NAB, Motion for Extension of Time (Apr. 26, 2013) (on file in GN Dkt. No. 13-86).
4 Id. at 1.
5 See id. at 2.

By this Public Notice, we grant the NAB’s request for additional time. We recognize the
importance of affording all interested parties sufficient time to prepare their comments and to
consider the comments filed in preparing reply comments as warranted. We also respect the
interest of the public in having sufficient time for review and consideration of the various
positions and concerns.

All comments should refer to GN Docket No. 13-86.

Comments may be filed using (1)
the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing paper copies. Comments can be filed through the
Commission’s ECFS filing interface located at the following Internet address: Generally, only one copy of an electronic submission must be
filed. In completing the transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking number, in this case GN
Docket No. 13-86. Parties who choose to file by paper must file an original and two copies of
each filing.
For paper copies, filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue
to experience delays in receiving 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 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
 U.S. Postal Service first-class mail, Express Mail, and Priority Mail should 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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432
This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the
Commission’s ex parte rules.6 Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More than a one- or two-

6 See 47 C.F.R. §§ 1.1200, 1.1206.

sentence description of the views and arguments presented generally is required.7 Other rules
pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set
forth in Section 1.1206(b) of the Commission's rules.8
For further information about this Public Notice, please contact Eloise Gore, Associate
Bureau Chief, Enforcement Bureau, at (202) 418-1066, or Jacob Lewis, Associate General
Counsel, Office of the General Counsel, at (202) 418-1767.
Please direct press inquiries to Mark Wigfield at (202) 418-0253.
By the Chief, Enforcement Bureau and the General Counsel.
- FCC -

7 See 47 C.F.R. § 1.1206(b).
8 Id.

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