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Gathering and analyzing comments from the public is an important
part of the Federal Communications Commission's (FCC) rulemaking
process. The FCC considers the public's input when developing
rules and policies. By submitting comments, the public can take
part in developing policies that affect telecommunications and
broadcast issues. Following are some FCC-related terms and
acronyms and some instructions that will help you in filing
comments and understanding the FCC's decision-making processes.
Acronyms and Terms
The FCC issues a Public Notice (PN)
to inform the public about an action or event. Sometimes a PN
invites public comment. When a PN seeks public comment, it
generally includes filing deadlines and information on how to
file comments.
A person outside of the FCC files a
Petition for Rulemaking (Petition) to suggest new rules or
changes to existing rules. Unless directed otherwise in the
FCC’s Public Notice seeking comment on the petition, the public
has 30 days from the date of the Public Notice to submit
comments on whether the FCC should grant or deny the petition.
After reviewing the comments received in response to the
petition, the FCC issues an Order disposing of the
petition, a Notice of Inquiry (NOI), or a Notice of
Proposed Rulemaking (NPRM). Copies of Petitions for
Rulemaking are available for viewing on the FCC’s Electronic
Comment Filing System (ECFS), and for inspection in the FCC’s
Reference Information Center, 445 12th Street, SW, Room CY-A257,
Washington, DC 20554.
The FCC issues a Notice of Inquiry (NOI)
to gather facts and information on a particular subject or issue
to determine if further action by the FCC is warranted.
Typically, an NOI asks questions about a given topic and seeks
comments from the public on that topic.
The FCC issues a Notice of Proposed
Rulemaking (NPRM) to propose new rules or changes to
existing rules and seek comments on the proposals. A summary of
the NPRM is published in the Federal Register and
announces the deadlines for filing comments and reply comments.
After reviewing the comments received in
response to an NPRM, the FCC issues either a Further Notice
of Proposed Rulemaking (FNPRM) seeking additional public
comment on certain issues in the proceeding, or a Report and
Order (R&O). An R&O adopts new rules, amends existing rules,
or states that there will be no changes. Sometimes the FCC
issues a combined R&O and FNPRM. The FCC publishes summaries of
FNPRMs and R&Os in the Federal Register, and also states
when a rule change will become effective. A party can file a
Petition for Reconsideration within 30 days of the date the
summary of an R&O appears in the Federal Register. A
Petition for Reconsideration formally requests the FCC to modify
its ruling.
The FCC adopts an Order on
Reconsideration in response to a Petition for
Reconsideration. It modifies a previous FCC action or states why
the action will not be changed.
The FCC may adopt a Memorandum Opinion
and Order (MO&O) in response to other requests from outside
entities, such as petitions for waiver or petitions for
forbearance, or when it takes other actions in a proceeding.
An en banc hearing is a presentation
to the full Commission on specific topics, usually by
representatives of interested outside groups. Topics for en banc
hearings have included Children’s Television, Digital
Television, and Broadcast Ownership.
The FCC’s ex parte rules ensure that
all participants in an FCC proceeding have a fair opportunity to
learn of the views presented by others in the proceeding. An ex
parte presentation is any written or oral communication by an
outside party to the Commission, or any Commission staff
involved in decision making, directed to the merits or outcome
of a proceeding and not served on (mailed or delivered to) all
the parties to the proceeding (if written) or of which all the
parties have not been given advance notice (if oral). The ex
parte rules establish whether, and under what circumstances, ex
parte presentations may be made to the FCC. Most rulemaking
proceedings are “permit but disclose,” meaning that ex parte
presentations are allowed as long as copies (or in the case of
oral presentations, written summaries) are filed in the record
of the proceeding. Certain other proceedings, such as those
designated for a hearing and licensing proceedings, are
“restricted,” meaning that ex parte communications are
prohibited unless specifically exempted. You can obtain a copy
of the FCC’s ex parte rules online at:
www.fcc.gov/ogc/admain/ex_parte_current.pdf, or by
calling the FCC’s Office of the Secretary at (202) 418-0300, or
(202) 418-2960 (TTY).
Filing Comments
The FCC does not specify a particular format
for comments, but it is important to include the docket number or
rulemaking number of the proceeding to which the comments relate.
You can find this number on the first page of the FCC document or
Public Notice opening the proceeding. Your comments should include
your name and your views on the subject. Comments may be any
length. If comments are more than 10 pages long, you should
include a short summary.
Filing Electronically
The FCC’s Electronic Comment Filing System
(ECFS) allows you to submit comments electronically (via the
Internet) for docketed or rulemaking proceedings. Electronic
comments must be filed by midnight Eastern Time (ET) on the date
of the deadline. Generally, you will file only one copy of an
electronic comment, but if you are filing comments in a
proceeding that lists multiple docket or rulemaking numbers on
its front page, you must transmit one electronic copy of your
comments for each docket or rulemaking number shown. Procedures
for submitting your comments using ECFS are outlined at
www.fcc.gov/cgb/ecfs/gettingstarted.html. ECFS also
allows you to view other comments that have been filed. For
assistance using ECFS, send an e-mail to
ecfshelp@fcc.gov, or call
the ECFS Help Desk at (202) 418-0193, Monday through Friday from
8:30 a.m. to 4:30 p.m. ET.
Additionally, the FCC has created ECFS
Express, a simplified comment filing process for consumers that
is based on topics, rather than a docket or rulemaking number.
ECFS Express lists the topics considered to be of most interest
to consumers at
fjallfoss.fcc.gov/ecfs/Upload/. By clicking on a
topic, an individual can fill in personal information, write his
or her comments, and press send to file the comments. The FCC
also participates as a partner in the Electronic Government
Online Rulemaking initiative, which allows the public to view
current proposed rules published in the Federal Register
and to submit comments electronically at
www.regulations.gov/fdmspublic/component/main.
Filing in Paper Format
You may file print copies of written
comments until 7 p.m. ET on the deadline date. Type comments in
12 point or larger font, or write legibly. Include a contact
name, address, and phone number in your comments. Cover letters are not necessary. If your
comments are confidential, label each page “Not for
Public Inspection” or “Confidential” in the upper right-hand
corner. You must also explain why you believe the filing is
entitled to confidentiality. When filing print copies of written
comments, the FCC requires an original (with an original
signature) and four copies. If you want your comments to be
distributed to the Commissioners, the FCC requires an original
and nine copies. If you are filing comments in a proceeding that
lists multiple docket or rulemaking numbers on its front page,
you must submit two additional copies for each referenced docket
or rulemaking number. Each copy must be individually stapled.
Use a rubber band, binder clip, or paperclip to hold the whole
package together.
You may either mail or hand-deliver print
copies of written comments. Hand delivered filings for the
Commission’s Secretary are accepted only at the following
location: 236 Massachusetts Ave., NE, Suite 110, Washington, DC
20002.
The hours of operation are from 8:00 a.m.
to 7:00 p.m. ET. Commercial overnight mail, other than U.S.
Postal Service Express mail and Priority mail, must be addressed
to: 9300 East Hampton Drive, Capitol Heights, MD 20743.
Comments sent through the U.S. Postal
Service should be addressed to:
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Room TW-B204
Washington, DC 20554.
Filing for People with Disabilities
People with disabilities filing comments in
non-print formats, for example, Braille, audio, or sign language
video, should include a contact name, address, and phone number.
Always reference the docket or rulemaking number when filing in
Commission proceedings. Providing a print copy will expedite
processing. If you have questions about access for people with
disabilities, send an e-mail to
FCC504@fcc.gov or call 1-888-CALL-FCC (voice), or
1-888-TELL-FCC (TTY).
Questions
If you have questions about filing comments,
contact the FCC’s Office of the Secretary at (202) 418-0300
(voice), or (202) 418-2970 (TTY).
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For More Information
For information about other
communications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer
Center by e-mailing
fccinfo@fcc.gov; calling 1-888-CALL-FCC
(1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing
to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554. |
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Federal Communications Commission
