FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 93
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Federal Communications Commission Record
V. EX PARTE PRESENTATIONS
24. For purposes of this nonrestricted notice and comment
rulemaking proceeding, members of the public are
advised that ex pane contacts are permitted from the time
the Commission adopts a notice of proposed rulemaking
until the time a public notice is issued stating that substantive
disposition of the matter is to be considered at a
forthcoming meeting or until a final order disposing of
the matter is adopted by the Commission, whichever is
earlier. In general, an ex pane presentation is any written
or oral communication (other than formal written comments
or pleadings and formal oral arguments) between a
person outside the Commission and a Commissioner or a
member of the Commission's staff which addresses the
merits of the proceeding. Any person who submits a
written ex pane presentation must serve a copy of that
presentation on the Commission Secretary for inclusion
in the public files. Any person who makes an oral ex
pane presentation addressing matters not fully covered in
any previously filed written comment in the proceeding
must prepare a written summary of that presentation. On
the day of the oral presentation, that written summary
must be served on the Commission's Secretary for inclusion
in the public file, with a copy to the Commission
official receiving the oral presentation. Each ex pane
presentation described above must state on its face that
the Secretary has been served, and must also state by
docket number the proceeding to which it relates. See
generally 47 C.F.R. 1.1231.
VI. CONCLUSION AND ORDERING CLAUSES
25. In sum, the proposed rules clarify that the burden is
on the parties to produce a full record, supported by
'evidence, in compliance with general standards of law to
assure a high quality of pleadings, and also provide for
flexible but controllable forms of discovery. We believe
the proposed revisions represent a more understandable
and more efficient vehicle for obtaining a record in
complaint proceedings than the present rties. The record
developed via the proposed rules will more closely resemble
that which is developed in court proceedings, since
they require the parties to carry their burdens of providing
factual and legal support for their positions. Overall,
we are confident that the rules in the attached Appendix
will reduce staff time for analysis and research, improve
speed of service, and promote efficiency despite continued
budgetary pressures on available Commission resources.
The proposed revision is an optimal means to achieve a
full record without the costs and time entailed in formal,
trial-type hearings in most cases. We believe that the
pleadings contemplated in the proposed rules will assure
an adequate written record and obviate any necessity for
trial-type proceedings unless issues are presented which
are clearly incapable of resolution by written filings.
Interested parties are therefore encouraged to comment
on these proposals, and to submit their own proposed
26. Accordingly, IT IS ORDERED, pursuant to Sections
1, 4(i), 208 and 403 of the Communications Act of
1934, 47 U.S.C. 151, 154(i), 208 and 403, and Section
553 of the Administrative Procedure Act, 5 U.S.C. 553,
that there IS HEREBY ISSUED a Notice of Proposed
27. IT IS FURTHER ORDERED, pursuant to Section
1.415 of the Commission's Rules, 47 C.F.R. 1.415, that
all interested persons may file comments on the matters
discussed in this Notice and the proposed rule changes
contained in the attached Appendix by February 17, 1987
and reply comments by March 4, 1987 . All relevant and
timely comments and reply comments will be considered
by the Commission before final action is taken with
respect to the proposals contained herein. In reaching its
decision, the Commission may take into consideration
information and ideas not contained in the comments,
provided that such information or a writing indicating the
nature and source of such information is placed in the
public file, and provided that the fact of the Commission's
reliance on such information is noted in the Report
28. IT IS FURTHER ORDERED that, pursuant to
Sections 1.51 and 1.419 of the Rules, 47 C.F.R. 1.51
47 US.C. 154, 303.
2. 1.47(b) would be amended to remove the phrase
"including supplemental, cross, and amended complaints."
3. 1.713 would be removed.
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1597/m1/100/: accessed January 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.