Goto Section: 1.1200 | 1.1203 | Table of Contents
FCC 1.1202
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1202 Definitions.
For the purposes of this subpart, the following definitions apply:
(a) Presentation. A communication directed to the merits or outcome of a
proceeding, including any attachments to a written communication or
documents shown in connection with an oral presentation directed to the
merits or outcome of a proceeding. Excluded from this term are
communications which are inadvertently or casually made, inquiries
concerning compliance with procedural requirements if the procedural matter
is not an area of controversy in the proceeding, statements made by
decisionmakers that are limited to providing publicly available information
about pending proceedings, and inquiries relating solely to the status of a
proceeding, including inquiries as to the approximate time that action in a
proceeding may be taken. However, a status inquiry which states or implies a
view as to the merits or outcome of the proceeding or a preference for a
particular party, which states why timing is important to a particular party
or indicates a view as to the date by which a proceeding should be resolved,
or which otherwise is intended to address the merits or outcome or to
influence the timing of a proceeding is a presentation.
Note to paragraph (a): A communication expressing concern about
administrative delay or expressing concern that a proceeding be resolved
expeditiously will be treated as a permissible status inquiry so long as no
reason is given as to why the proceeding should be expedited other than the
need to resolve administrative delay, no view is expressed as to the merits
or outcome of the proceeding, and no view is expressed as to a date by which
the proceeding should be resolved. A presentation by a party in a restricted
proceeding not designated for hearing requesting action by a particular date
or giving reasons that a proceeding should be expedited other than the need
to avoid administrative delay (and responsive presentations by other
parties) may be made on an ex parte basis subject to the provisions of
§ 1.1204(a)(11).
(b) Ex parte presentation. Any presentation which:
(1) If written, is not served on the parties to the proceeding; or
(2) If oral, is made without advance notice to the parties and without
opportunity for them to be present.
Note to paragraph (b): Written communications include electronic submissions
transmitted in the form of texts, such as by Internet electronic mail.
(c) Decision-making personnel. Any member, officer, or employee of the
Commission, or, in the case of a Joint Board, its members or their staffs,
who is or may reasonably be expected to be involved in formulating a
decision, rule, or order in a proceeding. Any person who has been made a
party to a proceeding or who otherwise has been excluded from the decisional
process shall not be treated as a decision-maker with respect to that
proceeding. Thus, any person designated as part of a separate trial staff
shall not be considered a decision-making person in the designated
proceeding. Unseparated Bureau or Office staff shall be considered
decision-making personnel with respect to decisions, rules, and orders in
which their Bureau or Office participates in enacting, preparing, or
reviewing.
(d) Party. Unless otherwise ordered by the Commission, the following persons
are parties:
(1) In a proceeding not designated for hearing, any person who files an
application, waiver request, petition, motion, request for a declaratory
ruling, or other filing seeking affirmative relief (including a Freedom of
Information Act request), and any person (other than an individual viewer or
listener filing comments regarding a pending broadcast application or
members of Congress or their staffs or branches of the federal government or
their staffs) filing a written submission referencing and regarding such
pending filing which is served on the filer, or, in the case of an
application, any person filing a mutually exclusive application;
Note 1 to paragraph (d)(1): Persons who file mutually exclusive applications
for services that the Commission has announced will be subject to
competitive bidding or lotteries shall not be deemed parties with respect to
each others' applications merely because their applications are mutually
exclusive. Therefore, such applicants may make presentations to the
Commission about their own applications provided that no one has become a
party with respect to their application by other means, e.g., by filing a
petition or other opposition against the applicant or an associated waiver
request, if the petition or opposition has been served on the applicant.
(2) Any person who files a complaint or request to revoke a license or other
authorization or for an order to show cause which shows that the complainant
has served it on the subject of the complaint or which is a formal complaint
under 47 U.S.C. 208 and § 1.721 of this chapter or 47 U.S.C. 255 and either
§ § 6.21 or 7.21 of this chapter, and the person who is the subject of such a
complaint or request that shows service or is a formal complaint under 47
U.S.C. 208 and § 1.721 of this chapter or 47 U.S.C. 255 and either § § 6.21 or
7.21 of this chapter;
(3) The subject of an order to show cause, hearing designation order, notice
of apparent liability, or similar notice or order, or petition for such
notice or order;
(4) In a proceeding designated for hearing, any person who has been given
formal party status; and
(5) In an informal rulemaking proceeding conducted under section 553 of the
Administrative Procedure Act (other than a proceeding for the allotment of a
broadcast channel) or a proceeding before a Joint Board or before the
Commission to consider the recommendation of a Joint Board, members of the
general public after the issuance of a notice of proposed rulemaking or
other order as provided under § 1.1206(a) (1) or (2).
Note 2 to paragraph (d): To be deemed a party, a person must make the
relevant filing with the Secretary, the relevant Bureau or Office, or the
Commission as a whole. Written submissions made only to the Chairman or
individual Commissioners will not confer party status.
Note 3 to paragraph (d): The fact that a person is deemed a party for
purposes of this subpart does not constitute a determination that such
person has satisfied any other legal or procedural requirements, such as the
operative requirements for petitions to deny or requirements as to
timeliness. Nor does it constitute a determination that such person has any
other procedural rights, such as the right to intervene in hearing
proceedings. The Commission or the staff may also determine in particular
instances that persons who qualify as “parties” under § 1.1202(d) should
nevertheless not be deemed parties for purposes of this subpart.
Note 4 to paragraph (d): Individual listeners or viewers submitting comments
regarding a pending broadcast application pursuant to § 1.1204(a)(8) will not
become parties simply by service of the comments. The Media Bureau may, in
its discretion, make such a commenter a party, if doing so would be
conducive to the Commission's consideration of the application or would
otherwise be appropriate.
Note 5 to paragraph (d): A member of Congress or his or her staff, or other
agencies or branches of the federal government or their staffs will not
become a party by service of a written submission regarding a pending
proceeding that has not been designated for hearing unless the submission
affirmatively seeks and warrants grant of party status.
(e) Matter designated for hearing. Any matter that has been designated for
hearing before an administrative law judge or which is otherwise designated
for hearing in accordance with procedures in 5 U.S.C. 554.
[ 62 FR 15854 , Apr. 3, 1997, as amended at 64 FR 68947 , Dec. 9, 1999; 64 FR 72571 , Dec. 28, 1999; 65 FR 56261 , Sept. 18, 2000; 67 FR 13224 , Mar. 21,
2002; 76 FR 24381 , May 2, 2011]
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Goto Section: 1.1200 | 1.1203
Goto Year: 2014 |
2016
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