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FCC Proposes Rule Changes to Improve Decision-Making and Promote Participation in FCC Proceedings
The Federal Communications Commission recently proposed revisions to its rules as part of its stated goal to “reform and transform the agency into a model of excellence in government.” As part of its goal, the FCC has released a Second Notice of Proposed Rulemaking (“NPRM”) proposing to modify its ex parte communications rules, which govern the disclosure of communications with the commissioners and FCC staff when all parties to a proceeding are not present.
The NPRM’s proposed rule changes include the following:
- requiring that a summary of every oral ex parte presentation be filed with the FCC, as opposed to just those presentations involving new information or arguments;
- requiring that the filing summarize all data and arguments presented;
- establishing a preference for electronic filing of notices of ex parte presentations; and
- requiring faster electronic filing (within four hours) of notices of permitted ex parte presentations made during the “Sunshine Period” (the period, which typically begins a week before a public FCC meeting, during which outside communications are limited regarding items on the meeting agenda).