[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Proposed Rules]
[Page 52461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19526]


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FEDERAL ELECTION COMMISSION

11 CFR Part 100

[NOTICE 2004-12]


Rulemaking Petition: Exception for the Promotion of Political 
Documentary Films From ``Electioneering Communications''

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: notice of availability.

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SUMMARY: On July 20, 2004, the Commission received a Petition for 
Rulemaking (``Petition'') from Mr. Robert F. Bauer (``Petitioner''). 
The Petition asks the Commission to revise its regulations by exempting 
the promotion of political documentary films that may otherwise meet 
the requirements of an electioneering communication within the meaning 
of the Federal Election Campaign Act of 1971, as amended (the ``Act''). 
The Petition is available for inspection in the Commission's Public 
Records Office, through its Faxline service, and on its Web site, 
http://www.fec.gov. Further information is provided in the 
supplementary information that follows.

DATES: Statements in support of, or in opposition to, the Petition must 
be submitted on or before September 27, 2004.

ADDRESSES: All comments should be addressed to Mr. Brad C. Deutsch, 
Assistant General Counsel, and must be submitted in either electronic 
or written form. Commenters are strongly encouraged to submit comments 
electronically to ensure timely receipt and consideration. Electronic 
mail comments should be send to [email protected] and must include the 
full name, electronic mail address, and postal service address of the 
commenter. Electronic mail comments that do not contain the full name, 
electronic mail address, and postal service address of the commenter 
will not be considered. If the electronic mail comments include an 
attachment, the attachment must be in the Adobe Acrobat (.pdf) or 
Microsoft Word (.doc) format. Faxed comments should be sent to (202) 
219-3923, with printed copy follow-up to ensure legibility. Written 
comments and printed copies of faxed comments should be sent to the 
Federal Election Commission, 999 E Street, NW., Washington, DC 20463. 
The Commission will post public comments on its Web site.

FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General 
Counsel, or Ms. Amy L. Rothstein, Attorney, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Commission 
(``Commission'') has received a Petition for Rulemaking from Mr. Robert 
F. Bauer, acting on his own behalf and not on behalf of any client or 
other interested party. Petitioner asks the Commission to revise 11 CFR 
100.29(c) to exempt from the term ``electioneering communications'' any 
communication appearing in a promotion for a political documentary film 
``by corporations and other entities established and operating for such 
purpose in the ordinary course of their businesses,'' provided that the 
promotion does not ``promote, support, attack or oppose'' a candidate 
for federal office within the meaning of 2 U.S.C. 431(20)(A)(iii). 
Petitioner seeks to have any such protections also apply to the 
promotion, in the ordinary course of business, of ``books, plays, and 
other forms of political expression that may involve references to 
Federal candidates.''
    The Commission seeks comments on whether the Commission should 
initiate a rulemaking on ``electioneering communications'' and on 
whether there are other issues regarding the electioneering 
communications rules that should also be addressed in a rulemaking at 
this time.\1\
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    \1\ Certain aspects of the Commission's regulations regarding 
electioneering communications are the subject of a pending lawsuit 
in the United States District Court for the District of Columbia. 
Shays and Meehan v. FEC, Civ. Act. 02-CV-1984.
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    Copies of the Petition are available for public inspection at the 
Commission's Public Records Office, 999 E Street, NW., Washington, DC 
20463, Monday though Friday between the hours of 9 a.m. and 5 p.m., and 
on the Commission's Web site, http://www.fec.gov. Interested persons 
may also obtain a copy of the Petition at any time by dialing the 
Commission's Faxline service at (202) 501-3413 and requesting document 
 257.
    Consideration of the merits of the Petition will be deferred until 
the close of the comment period. If the Commission decides that the 
Petition has merit, it may begin a rulemaking proceeding. Any 
subsequent action taken by the Commission will be announced in the 
Federal Register.

    Dated: August 20, 2004.
Bradley A. Smith,
Chairman, Federal Election Commission.
[FR Doc. 04-19526 Filed 8-25-04; 8:45 am]
BILLING CODE 6715-01-P