[Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26486]


[[Page Unknown]]

[Federal Register: October 26, 1994]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 94-258]

 

Ex Parte Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission has amended its ex parte rules to provide an 
exemption for presentation between the Commission and the Department of 
Justice or the Federal Trade Commission, the other principal agencies 
responsible for promoting or ensuring competition in the 
telecommunications industry. This exemption will promote the public 
interest through the exchange of information and ideas between the 
Commission and lead to more effective enforcement and protection of the 
public interest.

EFFECTIVE DATE: October 26, 1994.

FOR FURTHER INFORMATION CONTACT:
Stephen Bailey, Office of General Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION: 

Order

    Adopted: October 7, 1994.

    Released: October 21, 1994.

    By the Commission:

    1. By this Order, we amend our ex parte rules to provide an 
exemption for presentations between the Commission and the Department 
of Justice or Federal Trade Commission relating to telecommunications 
competition matters. The rules are further amended to provide for 
disclosure of any new factual information obtained by the Commission in 
such presentations if such information is relied on by the Commission 
in the decision-making process. This exemption would not apply if the 
Department of Justice or Federal Trade Commission becomes a party to 
the proceeding, e.g., by the filing of comments in the proceeding. Nor 
would it apply if the proceeding is designated for hearing.
    2. We believe that this exemption will promote the public interest 
through the exchange of information and ideas between the Commission 
and the other principal agencies responsible for promoting or ensuring 
competition in the telecommunications industry. It should lead to more 
effective enforcement and protection of the public interest, 
development and application of more consistent analytical 
methodologies, an improved, expedited license transfer process, and the 
possible avoidance of unnecessarily duplicative efforts. At the same 
time, the requirement for disclosure of any factual information relied 
on by the Commission will protect the rights of the parties.
    3. Because the amendment adopted herein relates to agency practice 
and procedure, notice and comment is not required. 5 U.S.C. 
Sec. 553(b)(A).
    4. Accordingly, it is ordered, that Part 1 of the Rules and 
Regulations of the Federal Communications Commission are amended as set 
forth below.
    5. It is further ordered that these amendments to the Commission's 
Rules shall become effective upon publication in the Federal Register. 
See 5 U.S.C. Sec. 553(d).
    6. Authority for this action is contained in Sections 4(i), 4(j), 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
Secs. 154(i), 154(j), and 303(r).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Change

    Part 1 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 1--PRACTICE AND PROCEDURES

    1. The authority citation for Part 1 continues to read as follows:

    Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. Secs. 154, 303: Implement 5 U.S.C. Sec. 552 and 21 U.S.C. 
Sec. 853a, unless otherwise noted.

    2. Section 1.1204 is amended by adding paragraph (b)(8) to read as 
follows:


Sec. 1.1204  General exemptions.

* * * * *
    (b) * * *
    (8) The presentation is to or from the United States Department of 
Justice or Federal Trade Commission and involves a telecommunications 
competition matter in a proceeding which has not been designated for 
hearing and in which the relevant agency (Department of Justice or 
Federal Trade Commission) is not a party; provided that, any new 
factual information obtained through such a presentation that is relied 
on by the Commission in its decision-making process will be disclosed 
by the Commission no later than at the time of issuance of the 
Commission's decision.

[FR Doc. 94-26486 Filed 10-25-94; 8:45 am]
BILLING CODE 6712-01-M