Goto Section: 8.17 | 8.19 | Table of Contents
FCC 8.18
Revised as of June 8, 2018
Goto Year:2017 |
2019
§ 8.18 Advisory opinions.
Link to an amendment published at 83 FR 7922 , Feb. 22, 2018.
Link to an amendment published at 83 FR 21927 , May 11, 2018.
(a) Procedures. (1) Any entity that is subject to the Commission's
jurisdiction may request an advisory opinion from the Enforcement
Bureau regarding its own proposed conduct that may implicate the open
Internet rules or any rules or policies related to the open Internet
that may be adopted in the future. Requests for advisory opinions may
be filed via the Commission's Web site or with the Office of the
Secretary and must be copied to the Chief of the Enforcement Bureau and
the Chief of the Investigations and Hearings Division of the
Enforcement Bureau.
(2) The Enforcement Bureau may, in its discretion, refuse to consider a
request for an advisory opinion. If the Bureau declines to respond to a
request, it will inform the requesting party in writing.
(3) Requests for advisory opinions must relate to prospective or
proposed conduct that the requesting party intends to pursue. The
Enforcement Bureau will not respond to requests for opinions that
relate to ongoing or prior conduct, and the Bureau may initiate an
enforcement investigation to determine whether such conduct violates
the open Internet rules. Additionally, the Bureau will not respond to
requests if the same or substantially the same conduct is the subject
of a current government investigation or proceeding, including any
ongoing litigation or open rulemaking at the Commission.
(4) Requests for advisory opinions must be accompanied by all material
information sufficient for Enforcement Bureau staff to make a
determination on the proposed conduct for which review is requested.
Requesters must certify that factual representations made to the Bureau
are truthful and accurate, and that they have not intentionally omitted
any information from the request. A request for an advisory opinion
that is submitted by a business entity or an organization must be
executed by an individual who is authorized to act on behalf of that
entity or organization.
(5) Enforcement Bureau staff will have discretion to ask parties
requesting opinions, as well as other parties that may have information
relevant to the request or that may be impacted by the proposed
conduct, for additional information that the staff deems necessary to
respond to the request. Such additional information, if furnished
orally or during an in-person conference with Bureau staff, shall be
promptly confirmed in writing. Parties are not obligated to respond to
staff inquiries related to advisory opinions. If a requesting party
fails to respond to a staff inquiry, then the Bureau may dismiss that
party's request for an advisory opinion. If a party voluntarily
responds to a staff inquiry for additional information, then it must do
so by a deadline to be specified by Bureau staff. Advisory opinions
will expressly state that they rely on the representations made by the
requesting party, and that they are premised on the specific facts and
representations in the request and any supplemental submissions.
(b) After review of a request submitted hereunder, the Enforcement
Bureau will:
(1) Issue an advisory opinion that will state the Bureau's present
enforcement intention with respect to the proposed open Internet
practices;
(2) Issue a written statement declining to respond to the request; or;
(3) Take such other position or action as it considers appropriate. An
advisory opinion states only the enforcement intention of the
Enforcement Bureau as of the date of the opinion, and it is not binding
on any party. Advisory opinions will be issued without prejudice to the
Enforcement Bureau or the Commission to reconsider the questions
involved, or to rescind or revoke the opinion. Advisory opinions will
not be subject to appeal or further review.
(c) The Enforcement Bureau will have discretion to indicate the
Bureau's lack of enforcement intent in an advisory opinion based on the
facts, representations, and warranties made by the requesting party.
The requesting party may rely on the opinion only to the extent that
the request fully and accurately contains all the material facts and
representations necessary to issuance of the opinion and the situation
conforms to the situation described in the request for opinion. The
Bureau will not bring an enforcement action against a requesting party
with respect to any action taken in good faith reliance upon an
advisory opinion if all of the relevant facts were fully, completely,
and accurately presented to the Bureau, and where such action was
promptly discontinued upon notification of rescission or revocation of
the Commission's or Bureau's approval.
(d) Public disclosure. The Enforcement Bureau will make advisory
opinions available to the public on the Commission's Web site. The
Bureau will also publish the initial request for guidance and any
associated materials. Parties soliciting advisory opinions may request
confidential treatment of information submitted in connection with a
request for an advisory opinion pursuant to § 0.459 of this chapter.
(e) Withdrawal of request. Any requesting party may withdraw a request
for review at any time prior to receipt of notice that the Enforcement
Bureau intends to issue an adverse opinion, or the issuance of an
opinion. The Enforcement Bureau remains free, however, to submit
comments to such requesting party as it deems appropriate. Failure to
take action after receipt of documents or information, whether
submitted pursuant to this procedure or otherwise, does not in any way
limit or stop the Bureau from taking such action at such time
thereafter as it deems appropriate. The Bureau reserves the right to
retain documents submitted to it under this procedure or otherwise and
to use them for all governmental purposes.
[ 80 FR 19849 , Apr. 13, 2015]
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Goto Section: 8.17 | 8.19
Goto Year: 2017 |
2019
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