APPLICATION OF EX PARTE RULES TO INTERNET E-MAIL [I love the clear language of this one :-) .. djf]

[David Farber <farber () central cis upenn edu>]

As far as sending your comments to the FCC via e-mail, note the
following (from ftp.fcc.gov:/pub/Public_Notices/Miscellaneous/pnmc4001.txt):


      APPLICATION OF EX PARTE RULES TO INTERNET E-MAIL


The Commission's new computer system now affords members of the public
access to decision-making personnel through delivery of Internet
E-Mail.  The purpose of this public notice is to remind the public
that the ex parte rules (47 C.F.R. 1.1200 et seq.)  that apply to
written presentations to any Commission decision- making personnel
also apply to Internet E-Mail presentations.


In restricted proceedings (e.g., proceedings involving mutually
exclusive applications, a formal complaint, or a formally opposed
application), oral and written ex parte presentations are generally
prohibited.  See 47 C.F.R. 1.1208.  Therefore, as with other written
presentations, Internet E-Mail presentations to Commission
decision-makers in restricted proceedings are prohibited unless they
are served on all parties to the proceeding.


In non-restricted proceedings (e.g., most informal rulemakings after
issuance of a notice of proposed rulemaking), ex parte presentations
are permissible (except during the Sunshine Period) but must be
disclosed.  See 47 C.F.R. 1.1206.  Therefore, as with other written
presentations, if an Internet E-Mail ex parte presentation in a
non-restricted proceeding is transmitted to any decision-making
personnel, two hard copies of that presentation should be provided to
the Secretary.  The presentation (as well as any transmittal letter)
should indicate clearly on its face the docket number of the
particular proceeding(s) to which it relates and the fact that two
copies of it have been submitted to the Secretary.  The presentation
should be labeled or captioned as an ex parte presentation.  See 47
C.F.R. 1.1206(a)(1).


During the Sunshine Period (the period which commences when an item is
placed on the Sunshine Agenda and ends when the item is released),
unless specifically exempted, all presentations concerning an item on
the Sunshine Agenda, ex parte or not, are prohibited.  See 47 C.F.R.
1.1203.  This prohibition applies whether the proceeding is
restricted, non-restricted, or is exempt under the ex parte rules.
Therefore, unless an exemption specifically applies (e.g., a
presentation specifically requested by the Commission or staff or a
presentation from Congress or another Federal Government agency, see
47 C.F.R. 1.1203(b)&(c)), no Internet E-Mail presentations should be
transmitted during the Sunshine Period to decision-making personnel.
See 47 C.F.R.  1.1203.


Action by the General Counsel.


For further information, contact Steve Bailey (202) 254-6530.