Goto Section: 1.1206 | 1.1210 | Table of Contents
FCC 1.1208
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.1208 Restricted proceedings.
Unless otherwise provided by the Commission or its staff pursuant to
§ 1.1200(a) ex parte presentations (other than ex parte presentations
exempt under § 1.1204(a)) to or from Commission decision-making
personnel are prohibited in all proceedings not listed as exempt in
§ 1.1204(b) or permit-but-disclose in § 1.1206(a) until the proceeding
is no longer subject to administrative reconsideration or review or
judicial review. Proceedings in which ex parte presentations are
prohibited, referred to as “restricted” proceedings, include, but are
not limited to, all proceedings that have been designated for hearing,
proceedings involving amendments to the broadcast table of allotments,
applications for authority under Title III of the Communications Act,
and all waiver proceedings (except for those directly associated with
tariff filings). A party making a written or oral presentation in a
restricted proceeding, on a non- ex parte basis, must file a copy of
the presentation or, for an oral presentation, a summary of the
presentation in the record of the proceeding using procedures
consistent with those specified in § 1.1206.
Note 1 to § 1.1208: In a restricted proceeding involving only one
“party,” as defined in § 1.1202(d), the party and the Commission may
freely make presentations to each other because there is no other party
to be served or with a right to have an opportunity to be present. See
§ 1.1202(b). Therefore, to determine whether presentations are
permissible in a restricted proceeding without service or notice and an
opportunity for other parties to be present the definition of a “party”
should be consulted.
Examples: After the filing of an uncontested application or waiver
request, the applicant or other filer would be the sole party to the
proceeding. The filer would have no other party to serve with or give
notice of any presentations to the Commission, and such presentations
would therefore not be “ex parte presentations” as defined by
§ 1.1202(b) and would not be prohibited. On the other hand, in the
example given, because the filer is a party, a third person who wished
to make a presentation to the Commission concerning the application or
waiver request would have to serve or notice the filer. Further, once
the proceeding involved additional “parties” as defined by § 1.1202(d)
(e.g., an opponent of the filer who served the opposition on the
filer), the filer and other parties would have to serve or notice all
other parties.
Note 2 to § 1.1208: Consistent with § 1.1200(a), the Commission or its
staff may determine that a restricted proceeding not designated for
hearing involves primarily issues of broadly applicable policy rather
than the rights and responsibilities of specific parties and specify
that the proceeding will be conducted in accordance with the provisions
of § 1.1206 governing permit-but-disclose proceedings.
[ 62 FR 15857 , Apr. 3, 1997, as amended at 64 FR 68948 , Dec. 9, 1999; 76 FR 24383 , May 2, 2011]
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Prohibition on Solicitation of Presentations
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Goto Section: 1.1206 | 1.1210
Goto Year: 2011 |
2013
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