[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Proposed Rules]
[Pages 81474-81475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32788]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[GC Docket No. 00-219; FCC 00-392]


Exempt Presentations

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Commission proposes to amend its regulations specifying 
presentations that are treated as exempt under the ex parte rules. 
Under the current rule, presentations to or from the Department of 
Justice and the Federal Trade Commission regarding telecommunications 
competition matters are treated as exempt. The item would expand the 
scope of the exemption to include the Competition Directorate of the 
European Commission and other international and foreign bodies with 
analogous functions. The item would clarify that the term 
``telecommunications competition matters'' in the existing rule was 
intended to be construed broadly and was not limited to common 
carriers. The intended effect of this proposal is to enhance the 
Commission's ability to consult with relevant agencies concerning 
mergers and other significant competition matters.

DATES: Comments must be filed on or before January 25, 2001; reply 
comments must be filed on or before February 9, 2001.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room 
8-C723, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: David S. Senzel, Office of General 
Counsel (202) 418-1720.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), GC Docket No. 00-219, adopted on October 
30, 2000, and released December 15, 2000. The full text of the NPRM is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW, 
Room CY-A257, Washington, DC 20554. Copies of filings may be purchased 
from the Commission's copy contractor, International Transcription 
Service (ITS), 1231 20th Street, NW, Washington, D.C. 20036, telephone 
(202) 857-3800, facsimile (202) 857-3805. Filings may also be viewed on 
the Commission's Internet web site using the Electronic Document Filing 
System (ECFS) at http://haifoss.fcc.gov/cgi-bin/ws.exe/prod/ecfs/comsrch_v2.hts.

Summary of Notice of Proposed Rule Making

    1. By this notice of proposed rulemaking, the Commission proposes 
to modify 47 CFR 1.1204(a)(6), one of the rules governing the 
permissibility of ex parte presentations in Commission proceedings. The 
current rule provides that the following type of presentation is 
exempt:
    (6) 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 is not a party or commenter 
(in an informal rulemaking or Joint board proceeding) 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 the release of 
the Commission's decision; The Commission proposes to broaden the scope 
of this exemption to include international and foreign governmental 
bodies that exercise similar jurisdiction over relevant matters.
    2. The rule was intended to ``promote the public interest through 
the exchange of information between the Commission and the other 
principal agencies responsible for promoting or ensuring competition in 
the telecommunications industry.'' Amendment of the Commission's Ex 
Parte Rules, 9 FCC Rcd 6108 para. 2 (1994). See also Amendment of 47 
CFR 1.1200 et seq., 12 FCC Rcd 7348, 7368 para. 61 (1997), recon. 
denied, 14 FCC Rcd 18831 (1999), modified, DA 99-2788 (Dec. 17, 1999). 
The Commission continues to believe that the public interest will be 
served by permitting free consultation between the agencies with 
principal jurisdiction over telecommunications competition matters. 
Indeed, the need for effective, expedited, and consistent governmental 
response to issues of competition is especially acute in the present 
environment of major structural reorganizations within the 
telecommunications industry, accelerated technological change, and 
increased globalization.
    3. The current Sec. 1.1204(a)(6), however, fails to take into 
account an important dimension in the oversight of telecommunications 
competition, namely the increased globalization of telecommunications 
competition issues. The entities and services involved in, for example, 
mergers may well be international, rather than national in character, 
and the oversight of such cases potentially involves not only the 
Commission, the DOJ, and the FTC, but also their foreign and 
international counterparts. This situation has prompted antitrust and 
competition policy officials of the United States to develop close 
relationships with their foreign and international counterparts with 
respect to notifications, consultations, and coordination. In this 
regard, formal bilateral agreements have been reached between the 
United States and several countries, and informal relationships exist 
with other countries. Because the public interest requires the 
effective, expedited, and consistent exercise of authority on the 
international as well as national scale, presentations by the 
appropriate foreign and international agencies should also be exempt 
under the Commission's ex parte rules.

[[Page 81475]]

    4. As an additional matter, the Commission takes this opportunity 
to clarify that the term ``telecommunications competition matter'' in 
the current rule was intended to be broadly construed to include the 
full extent of the respective agencies' jurisdiction over 
communications competition matters. It was not intended to be limited 
to specific types of competition matters involving 
``telecommunications'' as that term may be technically defined by the 
Act.

Initial Regulatory Flexibility Certification

    5. Section 603 of the Regulatory Flexibility Act, as amended, 
requires a preliminary regulatory flexibility analysis in a notice and 
comment rulemaking proceeding unless we certify that ``the rule will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' 5 U.S.C. 605(b). We believe 
that the rule we propose today will not have a significant economic 
impact on a substantial number of small entities.
    6. As noted above, in proposing to revise the ex parte rules we are 
expanding the scope of presentations treated as exempt. The proposed 
rule does not impose any additional compliance burden on persons 
dealing with the Commission, including small entities. The new rule 
would not significantly affect the rights of persons participating in 
Commission proceedings. There is no reason to believe that operation of 
the new rule would impose significant costs on parties to Commission 
proceedings.
    7. Accordingly, we certify, pursuant to Section 605(b) of the 
Regulatory Flexibility Act, as amended by the Contract with America 
Advancement Act of 1996 (CWAAA), Public Law 104-121, 110 Stat. 847 
(1996), that the rules will not have a significant economic impact on a 
substantial number of small entities. 5 U.S.C. 605(b). The Commission 
shall send a copy of this Notice of Proposed rulemaking, including this 
certification, to the Chief Counsel for Advocacy of the SBA. 5 U.S.C. 
605(b). A copy of this certification will also be published in the 
Federal Register.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Radio, Telecommunications, 
Television.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 1 of Title 47 of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise 
noted.

    2. Section 1.1204 is amended by revising paragraph (a)(6) to read 
as follows:


Sec. 1.1204  Exempt ex parte presentations and proceedings

    (a)* * *
    (6) The presentation is to or from The United States Department of 
Justice, The United States Federal Trade Commission, or a foreign or 
international agency, including but not limited to the Competition 
Directorate of the European Commission, with responsibility for the 
oversight of competition matters similar to the foregoing United States 
agencies, and the presentation involves a telecommunications 
competition matter. This exemption applies to proceedings which have 
not been designated for hearing and in which the relevant agency is not 
a party or commenter (in an informal rulemaking or Joint board 
proceeding). Any new factual information obtained through such a 
presentation that is relied on by the Commission in its decision-making 
process shall be disclosed by the Commission no later than at the time 
of the release of the Commission's decision;
* * * * *

[FR Doc. 00-32788 Filed 12-22-00; 8:45 am]
BILLING CODE 6712-01-P