When are Ex Parte Presentations Allowed?
For the purposes of the Ex Parte rules, FCC proceedings are broken down into three categories:
1. "Exempt" proceedings, in which ex parte presentations may be made freely and do not require a subsequent notice;
2. "Permit-but-disclose" proceedings, in which ex parte presentations to Commission decision-making personnel are permissible but subject to certain disclosure requirements (i.e., a copy of written presentations and a summary of oral presentations must be filed in the record); and
3. "Restricted" proceedings, in which ex parte presentations to and from Commission decision-making personnel are generally prohibited (i.e., written materials must generally be served on all parties and all parties must have an opportunity to be present at oral presentations).
How Do I File a Notice of an Ex Parte Presentation in a Permit-but-Disclose Proceeding?
Copies of written presentations or summaries of oral presentations must generally be filed no later than two business days after the presentation, with copies of summaries to the Commissioners or Commission employees to whom the presentations were made. Presentations made the day a Sunshine notice is given must be filed the next business day, as must any allowable ex parte presentations during the Sunshine period. (See 47 C.F.R. § 1.1206(b).)
Copies and summaries should be filed electronically using the FCC's Electronic Comment Filing System (ECFS) .
The summaries of oral presentations must list all persons present and describe the substance of the new data or arguments presented (or provide a citation to prior written filings containing the data or arguments) and not merely list the subjects discussed. Generally, more than a one or two sentence description is required. (See 47 C.F.R. § 1.1206(b)(2 ).)