CONSUMER ADVISORY COMMITTEE

Bylaws

Section I Introduction 

The activities of the Federal Communications Commission’s (“Commission”) Consumer Advisory Committee (“CAC” or “Committee”) are governed by the Federal Advisory Committee Act (FACA) and the Committee Charter which are incorporated herein by reference as if fully set forth. In the event of conflict between these Bylaws and the Committee Charter or the FACA, the Committee Charter or the FACA shall control. 

Section II: Meeting Procedures

The CAC will meet at least two (2) times per year. Meetings will be called by the Designated Federal Official (DFO) in consultation with the Chair according to the following considerations:

A. Agenda. The DFO, in consultation with the CAC Chair, will approve the agenda for all meetings. The DFO will distribute the agenda to all CAC members prior to each meeting. Items for the agenda may be submitted to the DFO and/or the Chair by any member of the Committee at least six (6) weeks prior to the meeting date. Notice of the meeting including a summary of the agenda and topics to be discussed shall be published in the Federal Register at least fifteen (15) days before the meeting.

B. Minutes and Records. The DFO will prepare minutes of each meeting and will distribute copies to each Committee member. Minutes of open meetings will be available to the public upon request and will be posted on the Committee’s website. Minutes of closed meetings will also be available to the public upon request, subject to the withholding of matters about which public disclosure would be harmful to the interests of the Government, industry, or others, and which are exempt from disclosure under the Freedom of Information Act (FOIA). The minutes will include a record of the persons present (including the names of Committee members, names of staff, and the names of members of the public from whom written or oral presentations were made) and a complete and accurate description of the matters discussed and conclusions reached, and copies of all reports received, issued or approved by the Committee. All documents, reports, or other materials prepared by, or for, the Committee constitute official government records and must be maintained according to the Commission’s policies and procedures. 

C. Open Meetings. Unless otherwise determined in advance, all meetings of the CAC will be open to the public. Once an open meeting has begun, it will not be closed for any reason. All materials brought before, or presented to, the Committee during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, will be available to the public for review or copying at the time of the scheduled meeting. Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may, at the determination of the Chair, offer oral comment at such meeting. Members of the public may submit written statements to the CAC at any time. 

D. Closed Meetings. Meetings of the CAC will be closed only in limited circumstances and in accordance with applicable law. Where the DFO has determined in advance that discussions during a Committee meeting will involve matters about which public disclosure would be harmful to the interests of the Government, industry, or others, an advance notice of a closed meeting, citing the applicable exemptions of the Government in the Sunshine Act (GISA) will be published in the Federal Register. The notice may announce the closing of all or just part of a meeting. If during the course of an open meeting, matters inappropriate for public disclosure arise during discussions, the Chair will order such discussion to cease and will schedule it for closed session. Notices of closed meetings will be published in the Federal Register at least 15 calendar days in advance. 

Section III: Voting & Recommendations 

When a decision or recommendation of the CAC is required, the Chair will request a motion for a vote. Any member, including the Chair, may make a motion for a vote. No second after a proper motion will be required to bring any issue to vote. Members may authorize the Chair to cast proxy votes on their behalf. Only the CAC acting as committee of the whole can make recommendation to the Commission. Recommendations can include a majority and minority viewpoint. 

Section IV: Role of Committee Officials and Chair

Chairperson -- The Chair works with the DFO to establish priorities, identify issues which must be addressed, determine the level and types of staff and financial support required, and serves as the focal point for the Committee's membership. In addition, the Chair is responsible for certifying the accuracy of minutes developed by the Committee to document its meetings.

Working Group or Subcommittee Chair – The Working Group chair is responsible for the coordination of the working group’s activities including the convening and chairing of meetings and the preparation of written recommendations and/or reports to the CAC. The working group chair or his/her designee shall also present working group recommendations and/or reports at plenary meetings of the CAC. 

Designated Federal Officer (DFO) -- The DFO serves as the government's agent for all matters related to the Committee's activities. By Law, the DFO must: (1) Approve or call the meeting of the Committee; (2) Approve agendas; (3) Attend all meetings; (4) Adjourn the meetings when such adjournment is in the public interest; and (5) Chair meetings of the Committee, when so directed by the Chairman of the Commission, or his designee. In addition, the DFO is responsible for providing adequate staff support to the Committee, including the performance of the following functions: (1) Notifying members of the time and place for each meeting; (2) Maintaining records of all Committee meetings; (3) Maintaining the roll; (4) Preparing the minutes of all meetings of the Committee's deliberations; (5) Attending to official correspondence; (6) Maintaining official CAC records and filing all papers and submissions prepared for or by the CAC; (7) Acting as the Committee's agent to collect, validate and pay all vouchers for pre-approved expenditures; (8) Facilitating the activities of working groups or subcommittees and, (9) Preparing and handling all reports, including the annual report as required by FACA. 

Section V: Subcommittees or Working Groups 

Subject to the approval of the Chairman of the Commission, the Chair may: (1) Establish for specific purposes subcommittees, consisting of CAC members and non-Members designated by the Chair; (2) appoint subcommittee chairs; and (3) dissolve the subcommittees when their function is no longer required. Subcommittees shall meet informally and shall not be governed by formal procedures including, without limitation, open meetings, voting, keeping minutes. Subcommittees report to the CAC and their work is entirely advisory rather than decisional. Only the CAC acting as a committee of the whole can make recommendations to the Commission.

Rev. 05/11/05