Sec. 1.1208  Restricted proceedings.

    Unless otherwise provided by the Commission or its staff pursuant to 
Sec. 1.1200(a), ex parte presentations (other than ex parte 
presentations exempt under Sec. 1.1204 (a)) are prohibited in all 
proceedings not listed as exempt in Sec. 1.1204(b) or permit-but-
disclose in Sec. 1.1206(a) until the proceeding is no longer subject to 
administrative reconsideration or review or judicial review.

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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).

    Note 1 to Sec. 1.1208: In a restricted proceeding involving only one 
``party,'' as defined in Sec. 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 Sec. 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 
Sec. 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 
Sec. 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 Sec. 1.1208: Consistent with Sec. 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 Sec. 1.1206 governing permit-but-disclose proceedings.

[ 62 FR 15857 , Apr. 3, 1997]

              Prohibition on Solicitation of Presentations