FCC 0.445 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 0.445 Publication, availability and use of opinions, orders, policy
statements, interpretations, administrative manuals, and staff instructions.
(a) Adjudicatory opinions and orders of the Commission, or its staff acting
on delegated authority, are mailed to the parties, and as part of the
record, are available for inspection in accordance with Sec. Sec. 0.453 and 0.455.
(b) Texts adopted by the Commission or a member of its staff on delegated
authority and released through the Office of Media Relations are published
in the FCC Record. Older materials of this nature are available in the FCC
Reports. In the event that such older materials are not published in the FCC
Reports, reference should be made to theFederal Registeror Pike and Fischer
Radio Regulation.
(c) All rulemaking documents are published in theFederal Register.Summaries
of the full Notices of proposed rule making and other rule making decisions
adopted by the Commission constitute rulemaking documents for purposes
ofFederal Registerpublication. See Sec. 1.412(a)(1). The complete text of the
Commission decision also is released by the Commission and is available for
inspection and copying during normal business hours in the Office of Media
Relations or as otherwise specified in the rulemaking document published in
theFederal Register.Docketed matters are available to the public via the
Electronic Comment Filing System maintained in the Reference Information
Center at 445 12th Street, Washington, DC. The complete texts of rulemaking
decisions may also be purchased from the Commission's duplicating
contractor.
(d) Formal policy statements and interpretations designed to have general
applicability and legal effect are published in theFederal Register,the FCC
Record, FCC Reports, or Pike and Fischer. Commission decisions and other
Commission documents not entitled formal policy statements or
interpretations may contain substantive interpretations and statements
regarding policy, and these are published as part of the document in the FCC
Record, FCC Reports or Pike and Fischer. General statements regarding policy
and interpretations furnished to individuals, in correspondence or
otherwise, are not ordinarily published.
(e) If the documents described in paragraphs (a) through (d) of this section
are published in theFederal Register,the FCC Record, FCC Reports, or Pike
and Fischer Radio Regulation, they may be relied upon, used or cited as
precedent by the Commission or private parties in any manner. If they are
not so published, they may not be relied upon, used or cited as precedent,
except against persons who have actual notice of the document in question or
by such persons against the Commission. No person is expected to comply with
any requirement or policy of the Commission unless he has actual notice of
that requirement or policy or a document stating it has been published as
provided in this paragraph. Nothing in this paragraph, however, shall be
construed as precluding a reference to the rationale set forth in a recent
document that is pending publication if the requirment or policy to which
the rationale relates is contained in a published document or if actual
notice of that requirement or policy has been given.
(f) TheFederal Register,the FCC Record, FCC Reports and Pike and Fischer
Radio Regulation are indexed. If the documents described in paragraphs
(a)–(d) of this section are not published, they are neither indexed nor
relied upon, except as provided in paragraph (e) of this section.
(g) The FCC Administrative Manual (excepting Part IX, concerning Civil
Defense, which contains materials classified under E.O. 10501) is available
for inspection in the Office of the Managing Director. The Manual is not
indexed but is organized by subject, with tables of contents, and the
materials contained therein can be located without difficulty.
(h) Subparts A and B of this part describe the functions of the staff and
list the matters on which authority has been delegated to the staff. Except
as provided in paragraph (g) of this section, all general instructions to
the staff and limitations upon its authority are set forth in those
subparts. As part of the Commission's rules and regulations, the provisions
of these subparts are indexed in theFederal Registerand the Code of Federal
Regulations. Instructions to the staff in particular matters or cases are
privileged and are not published or made available for public inspection.
(i) To the extent required to prevent a clearly unwarranted invasion of
personal privacy, the Commission may delete identifying details when it
makes available or publishes any document described in this section. The
justification for any such deletion will be fully explained in a preamble to
the document.
[ 32 FR 10573 , July 19, 1967, as amended at 40 FR 17255 , Apr. 18, 1975; 50 FR 27953 , July 9, 1985; 51 FR 7444 , Mar. 4, 1986; 51 FR 45889 , Dec. 23, 1986;
61 FR 8477 , Mar. 5, 1996; 64 FR 60723 , Nov. 8, 1999]
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