Goto Section: 1.1206 | 1.1210 | Table of Contents
FCC 1.1208
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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: 2014 |
2016
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