Goto Section: 1.1202 | 1.1204 | Table of Contents
FCC 1.1203
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1203 Sunshine period prohibition.
(a) With respect to any Commission proceeding, all presentations to
decisionmakers concerning matters listed on a Sunshine Agenda, whether ex
parte or not, are prohibited during the period prescribed in paragraph (b)
of this section unless:
(1) The presentation is exempt under § 1.1204(a);
(2) The presentation relates to settlement negotiations and otherwise
complies with any ex parte restrictions in this subpart;
(3) The presentation occurs in the course of a widely attended speech or
panel discussion and concerns a Commission action in an exempt or a
permit-but-disclose proceeding that has been adopted (not including private
presentations made on the site of a widely attended speech or panel
discussion); or
(4) The presentation is made by a member of Congress or his or her staff, or
by other agencies or branches of the Federal government or their staffs in a
proceeding exempt under § 1.1204 or subject to permit-but-disclose
requirements under § 1.1206. Except as otherwise provided in § 1.1204(a)(6),
if the presentation is of substantial significance and clearly intended to
affect the ultimate decision, and is made in a permit-but-disclose
proceeding, the presentation (or, if oral, a summary of the presentation)
must be placed in the record of the proceeding by Commission staff or by the
presenter in accordance with the procedures set forth in § 1.1206(b).
(b) The prohibition set forth in paragraph (a) of this section begins on the
day (including business days and holidays) after the release of a public
notice that a matter has been placed on the Sunshine Agenda until the
Commission:
(1) Releases the text of a decision or order relating to the matter;
(2) Issues a public notice stating that the matter has been deleted from the
Sunshine Agenda; or
(3) Issues a public notice stating that the matter has been returned to the
staff for further consideration, whichever occurs first.
(c) The prohibition set forth in paragraph (a) of this section shall not
apply to the filing of a written ex parte presentation or a memorandum
summarizing an oral ex parte presentation made on the day before the
Sunshine period begins, or a permitted reply thereto.
[ 62 FR 15855 , Apr. 3, 1997, as amended at 64 FR 68947 , Dec. 9, 1999; 76 FR 24381 , May 2, 2011]
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General Exemptions
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Goto Section: 1.1202 | 1.1204
Goto Year: 2014 |
2016
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