[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]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[FCC 94-258]
Ex Parte Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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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
