Benefits and Burdens of Requiring Commenters To File Cited Materials in Rulemaking Proceedings as Further Reform To Enhance Record-Based Decisionmaking, 76728-76730 [2011-31545]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 76728 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices and antenna bearing it desires to use. Requests will be honored to the extent that interference and propagation conditions permit and that they are otherwise in accordance with the provisions of section 47 CFR 73.702(a). 47 CFR 73.702(b) states that two months before the start of each season, the licensee or permittee must inform the Commission in writing as to whether it plans to operate in accordance with the Commission’s authorization or operate in another manner. 47 CFR 73.702(c) permits entities to file requests for changes to their original request for assignment and use of frequencies if they are able to show good cause. Because international broadcasters are assigned frequencies on a seasonal basis, as opposed to the full term of their eight-year license authorization, requests for changes need to be filed by entities on occasion. 47 CFR 73.702 (note) states that permittees who during the process of construction wish to engage in equipment tests shall by informal written request, submitted to the Commission in triplicate not less than 30 days before they desire to begin such testing, indicate the frequencies they desire to use for testing and the hours they desire to use those frequencies. 47 CFR 73.702(e) states within 14 days after the end of each season, each licensee or permittee must file a report with the Commission stating whether the licensee or permittee has operated the number of frequency hours authorized by the seasonal schedule to each of the zones or areas of reception specified in the schedule. 47 CFR 73.782 requires that licensees retain logs of international broadcast stations for two years. If it involves communications incident to a disaster, logs should be retained as long as required by the Commission. 47 CFR 73.759(d) states that the licensee or permittee must keep records of the time and results of each auxiliary transmitter test performed at least weekly. 47 CFR 73.762(b) requires that licensees notify the Commission in writing of any limitation or discontinuance of operation of not more than 10 days. 47 CFR 73.762(c) states that the licensee or permittee must request and receive specific authority from the Commission to discontinue operations for more than 10 days under extenuating circumstances. 47 CFR 1.1301 cover certifications of compliance with the National Environmental Policy Act and how the VerDate Mar<15>2010 15:59 Dec 07, 2011 Jkt 226001 public will be protected from radio frequency radiation hazards. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2011–31527 Filed 12–7–11; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [GC Docket No. 10–44; DA 11–1950] Benefits and Burdens of Requiring Commenters To File Cited Materials in Rulemaking Proceedings as Further Reform To Enhance Record-Based Decisionmaking Federal Communications Commission. ACTION: Notice. AGENCY: This document seeks comment on procedures to improve transparency and efficiency in Commission proceedings. In particular, the Public Notice seeks comment on whether the Commission should require commenters to file materials they cite in pleadings submitted in rulemaking proceedings, so that those materials are more easily accessible to all interested parties. DATES: Comments may be filed on or before January 9, 2012, and reply comments may be filed on or before January 23, 2012. ADDRESSES: You may submit comments, identified by GC Docket No. 10–44, by any of the following methods: • Federal Communications Commission’s Web site: https:// fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. • Mail: See the SUPPLEMENTARY INFORMATION section of this document. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. For detailed instructions for submitting comments and additional information, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For further information regarding this proceeding, contact Elizabeth Lyle, Office of General Counsel, (202) 418– 1720. SUMMARY: This is a summary of a Public Notice released by the Office of General Counsel on SUPPLEMENTARY INFORMATION: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 November 29, 2011. The full text of this document is available for public inspection and copying during regular business hours in the Commission’s Reference Information Center, Portals II, 445 12th Street SW., Room CY–A257, Washington, DC 20554. The complete text of this document also may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone (202) 488–5300, facsimile (202) 488–5563 or via email FCC@BCPIWEB.com. The full text may also be downloaded at https:// www.fcc.gov. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https:// fjallfoss.fcc.gov/ecfs2/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • All hand-delivered or messengerdelivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW–A325, Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. E:\FR\FM\08DEN1.SGM 08DEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices Documents will be available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, Room CY–A257, 445 12th Street SW., Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488–5300, facsimile (202) 488–5563, TTY (202) 488–5562, email fcc@bcpiweb.com. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (tty). The Commission has designated this proceeding as a ‘‘permitbut-disclose’’ proceeding in accordance with the Commission’s ex parte rules. 47 CFR 1.1200 et seq.; Amendment of Certain of the Commission’s Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission Organization, Notice of Proposed Rulemaking, 25 FCC Rcd 2430, 2439–40 (2010). Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with § 1.1206(b) of the Commission’s rules. In proceedings governed by § 1.49(f) of the Commission’s rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments VerDate Mar<15>2010 15:59 Dec 07, 2011 Jkt 226001 thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Summary of Public Notice This Public Notice seeks comment on additional procedures to improve transparency and efficiency in Commission proceedings. In particular, the Public Notice seeks comment on whether the Commission should require commenters to file materials they cite in pleadings submitted in rulemaking proceedings, so that those materials are more easily accessible to all interested parties. The Commission bases its decisions on record evidence, properly disclosed, with the least possible burden on filers, and strives to tailor its procedures to those ends. Transparency, robust public participation, and informed decision-making are key values that the Commission and its staff strive to uphold in all proceedings. In some proceedings, particularly large and complicated rulemakings, staff may analyze materials that parties have not submitted in the record, including materials such as state statutes, academic articles, blog posts, and company financial reports. This material may or may not contribute to the Commission’s final decision, and seeking comment specifically on all the sources viewed by staff would greatly enlarge the record and tax the time and resources of the Commission and parties, with potentially little benefit. In an effort to balance these considerations, staff has submitted collections of materials into the record of at least two major proceedings. In the Preserving the Open Internet proceeding, staff added the full text of various sources, including FCC working papers, transcripts from FCC workshops, comments submitted in other Commission rulemaking proceedings, public financial filings, academic literature, news articles, blog posts, corporate and non-profit research reports, material from industry participants’ Web sites, and investment firm conference call transcripts. See Letter from Carol Simpson, Deputy Chief, Competition Policy Division, Wireline Competition Bureau, FCC, to Marlene S. Dortch, Secretary, FCC, GN Docket No. 09–191, WC Docket No. 07– 52 (Dec. 13, 2010); Letter from Carol Simpson, Deputy Chief, Competition Policy Division, Wireline Competition Bureau, FCC, to Marlene S. Dortch, Secretary, FCC, GN Docket No. 09–191, PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 76729 WC Docket No. 07–52 (Dec. 10, 2010). In the Connect America Fund proceeding, staff added citations to similar materials, including material from other federal and state government entities, books, and data already released by the Commission or the Universal Service Administrative Company. See Letter from Jennifer Prime, Legal Counsel, Wireline Competition Bureau, FCC, to Marlene Dortch, Secretary, FCC, WC Docket No. 10–90 et al. (Oct. 19, 2011); Letter from Jennifer Prime, Legal Counsel, Wireline Competition Bureau, FCC, to Marlene Dortch, Secretary, FCC, WC Docket No. 10–90 et al. (Oct. 17, 2011); Letter from Jennifer Prime, Legal Counsel, Wireline Competition Bureau, FCC, to Marlene Dortch, Secretary, FCC, WC Docket No. 10–90 et al. (Oct. 7, 2011). Materials also included such things as state statutes, pleadings and decisions from state administrative proceedings, and data and reports available on the Commission’s Web site. In many instances, filings that the Commission staff placed in the record had been cited by commenters in their filings, and the staff’s submission was intended to make the materials more accessible. In both proceedings, however, a small number of commenters voiced concern that such submissions, toward the end of the proceeding, might not serve their intended purpose of promoting transparent decision-making and might, indeed, limit opportunities for meaningful responsive comment. See, e.g., Letter from Todd D. Daubert & J. Isaac Himowitz, Counsel for SoutherinLINC Wireless and the Universal Service for America Coalition, to Chairman Genachowski, WC Docket No. 10–90 et al., at 3 (Oct. 21, 2011); Letter from David A. LaFuria, Counsel to Allied Wireless Communications Corp. et al., WC Docket No. 10–90 et al. (Oct. 20, 2011); see also Preserving the Open Internet, Broadband Industry Practices, Report and Order, 25 FCC Rcd 17905, 18049–50 (2010) (dissenting Stmt. of Cmmr. McDowell), recon. and pets. for review pending. In light of these developments, the Public Notice seeks comment on filing requirements that may improve transparency and informed decisionmaking in future rulemaking proceedings. In particular, the Public Notice seeks comment on requiring parties to submit full copies of any materials cited in their pleadings or ex parte submissions. Such a requirement may be viable under the Commission’s current electronic filing processes, when it would not previously have been feasible. Further, it could help to ensure E:\FR\FM\08DEN1.SGM 08DEN1 76730 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Notices that the record timely and unambiguously includes those materials that parties to our proceedings believe to be germane and informative. In the context of formal complaint proceedings, the Commission’s rules already require parties to provide ‘‘all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies.’’ See 47 CFR 1.721(f). What would be the benefits and burdens of such a new procedural requirement in rulemaking proceedings? Should any such rule distinguish among types of documents cited? For example, should data be treated differently from other forms of information and should economic analysis be treated differently from a law review article, court decision, or other government publication? Should ease of access to the cited information matter? If so, how should ease of access be determined? Are there some circumstances in which materials could not practically be placed in the record, such as when third parties do not permit copying (e.g., daily newsletters), the material is very bulky, or the material is in the form of a database? Would parties need to place an entire document in the record or would an excerpt suffice? Should the inclusion of an Internet address (URL) where the document can be viewed be deemed sufficient to satisfy the filing requirement for that document? Might this proposal diminish the quality of the comments received by the Commission, for instance if the additional burden of providing supporting materials outweighs their perceived value to the commenter? Would this proposal impose an undue paperwork burden on filers? Should the proposal be adopted in additional, or different, categories of proceedings? Federal Communications Commission. Julie A. Veach, Deputy General Counsel, Office of General Counsel. [FR Doc. 2011–31545 Filed 12–7–11; 8:45 am] BILLING CODE 6712–01–P mstockstill on DSK4VPTVN1PROD with NOTICES FEDERAL ELECTION COMMISSION Sunshine Act Meeting Federal Election Commission. DATE & TIME: Tuesday, December 13, 2011 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC STATUS: This meeting will be closed to the public. AGENCY: VerDate Mar<15>2010 15:59 Dec 07, 2011 Jkt 226001 Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. * * * * * PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. ITEMS TO BE DISCUSSED: Shelley E. Garr, Deputy Secretary of the Commission. [FR Doc. 2011–31649 Filed 12–6–11; 4:15 pm] BILLING CODE 6715–01–P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request Board of Governors of the Federal Reserve System. SUMMARY: On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), pursuant to 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR part 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB’s public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. DATES: Comments must be submitted on or before February 6, 2012. ADDRESSES: You may submit comments, identified by FR 2644, FR 2835, FR 2835a, or FR 2502q, by any of the following methods: • Agency Web Site: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. AGENCY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: regs.comments@federalreserve.gov. Include OMB control number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. All public comments are available from the Board’s Web site at https:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP–500 of the Board’s Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. Additionally, commenters may send a copy of their comments to the OMB Desk Officer—Shagufta Ahmed —Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235 725 17th Street NW., Washington, DC 20503 or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB’s public docket files, once approved. These documents will also be made available on the Federal Reserve Board’s public Web site at: https:// www.federalreserve.gov/boarddocs/ reportforms/review.cfm or may be requested from the agency clearance officer, whose name appears below. Federal Reserve Board Clearance Officer—Cynthia Ayouch—Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452–3829). Telecommunications Device for the Deaf (TDD) users may contact (202) 263–4869), Board of Governors of the Federal Reserve System, Washington, DC 20551. SUPPLEMENTARY INFORMATION: Request for Comment on Information Collection Proposals The following information collections, which are being handled under this delegated authority, have received initial Board approval and are hereby published for comment. At the end of the comment period, the E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76728-76730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31545]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[GC Docket No. 10-44; DA 11-1950]


Benefits and Burdens of Requiring Commenters To File Cited 
Materials in Rulemaking Proceedings as Further Reform To Enhance 
Record-Based Decisionmaking

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document seeks comment on procedures to improve 
transparency and efficiency in Commission proceedings. In particular, 
the Public Notice seeks comment on whether the Commission should 
require commenters to file materials they cite in pleadings submitted 
in rulemaking proceedings, so that those materials are more easily 
accessible to all interested parties.

DATES: Comments may be filed on or before January 9, 2012, and reply 
comments may be filed on or before January 23, 2012.

ADDRESSES: You may submit comments, identified by GC Docket No. 10-44, 
by any of the following methods:
     Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: See the SUPPLEMENTARY INFORMATION section of this 
document.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
    For detailed instructions for submitting comments and additional 
information, see the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
proceeding, contact Elizabeth Lyle, Office of General Counsel, (202) 
418-1720.

SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice 
released by the Office of General Counsel on November 29, 2011. The 
full text of this document is available for public inspection and 
copying during regular business hours in the Commission's Reference 
Information Center, Portals II, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. The complete text of this document also may be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554, telephone (202) 488-5300, facsimile (202) 488-
5563 or via email FCC@BCPIWEB.com. The full text may also be downloaded 
at https://www.fcc.gov.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.

[[Page 76729]]

    Documents will be available for public inspection and copying 
during business hours at the FCC Reference Information Center, Portals 
II, Room CY-A257, 445 12th Street SW., Washington, DC 20554. The 
documents may also be purchased from BCPI, telephone (202) 488-5300, 
facsimile (202) 488-5563, TTY (202) 488-5562, email fcc@bcpiweb.com. 
People with Disabilities: To request materials in accessible formats 
for people with disabilities (braille, large print, electronic files, 
audio format), send an email to fcc504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(tty). The Commission has designated this proceeding as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte 
rules. 47 CFR 1.1200 et seq.; Amendment of Certain of the Commission's 
Part 1 Rules of Practice and Procedure and Part 0 Rules of Commission 
Organization, Notice of Proposed Rulemaking, 25 FCC Rcd 2430, 2439-40 
(2010). Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b) of the Commission's rules. In 
proceedings governed by Sec.  1.49(f) of the Commission's rules or for 
which the Commission has made available a method of electronic filing, 
written ex parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.

Summary of Public Notice

    This Public Notice seeks comment on additional procedures to 
improve transparency and efficiency in Commission proceedings. In 
particular, the Public Notice seeks comment on whether the Commission 
should require commenters to file materials they cite in pleadings 
submitted in rulemaking proceedings, so that those materials are more 
easily accessible to all interested parties. The Commission bases its 
decisions on record evidence, properly disclosed, with the least 
possible burden on filers, and strives to tailor its procedures to 
those ends. Transparency, robust public participation, and informed 
decision-making are key values that the Commission and its staff strive 
to uphold in all proceedings. In some proceedings, particularly large 
and complicated rulemakings, staff may analyze materials that parties 
have not submitted in the record, including materials such as state 
statutes, academic articles, blog posts, and company financial reports. 
This material may or may not contribute to the Commission's final 
decision, and seeking comment specifically on all the sources viewed by 
staff would greatly enlarge the record and tax the time and resources 
of the Commission and parties, with potentially little benefit.
    In an effort to balance these considerations, staff has submitted 
collections of materials into the record of at least two major 
proceedings. In the Preserving the Open Internet proceeding, staff 
added the full text of various sources, including FCC working papers, 
transcripts from FCC workshops, comments submitted in other Commission 
rulemaking proceedings, public financial filings, academic literature, 
news articles, blog posts, corporate and non-profit research reports, 
material from industry participants' Web sites, and investment firm 
conference call transcripts. See Letter from Carol Simpson, Deputy 
Chief, Competition Policy Division, Wireline Competition Bureau, FCC, 
to Marlene S. Dortch, Secretary, FCC, GN Docket No. 09-191, WC Docket 
No. 07-52 (Dec. 13, 2010); Letter from Carol Simpson, Deputy Chief, 
Competition Policy Division, Wireline Competition Bureau, FCC, to 
Marlene S. Dortch, Secretary, FCC, GN Docket No. 09-191, WC Docket No. 
07-52 (Dec. 10, 2010). In the Connect America Fund proceeding, staff 
added citations to similar materials, including material from other 
federal and state government entities, books, and data already released 
by the Commission or the Universal Service Administrative Company. See 
Letter from Jennifer Prime, Legal Counsel, Wireline Competition Bureau, 
FCC, to Marlene Dortch, Secretary, FCC, WC Docket No. 10-90 et al. 
(Oct. 19, 2011); Letter from Jennifer Prime, Legal Counsel, Wireline 
Competition Bureau, FCC, to Marlene Dortch, Secretary, FCC, WC Docket 
No. 10-90 et al. (Oct. 17, 2011); Letter from Jennifer Prime, Legal 
Counsel, Wireline Competition Bureau, FCC, to Marlene Dortch, 
Secretary, FCC, WC Docket No. 10-90 et al. (Oct. 7, 2011). Materials 
also included such things as state statutes, pleadings and decisions 
from state administrative proceedings, and data and reports available 
on the Commission's Web site. In many instances, filings that the 
Commission staff placed in the record had been cited by commenters in 
their filings, and the staff's submission was intended to make the 
materials more accessible. In both proceedings, however, a small number 
of commenters voiced concern that such submissions, toward the end of 
the proceeding, might not serve their intended purpose of promoting 
transparent decision-making and might, indeed, limit opportunities for 
meaningful responsive comment. See, e.g., Letter from Todd D. Daubert & 
J. Isaac Himowitz, Counsel for SoutherinLINC Wireless and the Universal 
Service for America Coalition, to Chairman Genachowski, WC Docket No. 
10-90 et al., at 3 (Oct. 21, 2011); Letter from David A. LaFuria, 
Counsel to Allied Wireless Communications Corp. et al., WC Docket No. 
10-90 et al. (Oct. 20, 2011); see also Preserving the Open Internet, 
Broadband Industry Practices, Report and Order, 25 FCC Rcd 17905, 
18049-50 (2010) (dissenting Stmt. of Cmmr. McDowell), recon. and pets. 
for review pending.
    In light of these developments, the Public Notice seeks comment on 
filing requirements that may improve transparency and informed 
decision-making in future rulemaking proceedings. In particular, the 
Public Notice seeks comment on requiring parties to submit full copies 
of any materials cited in their pleadings or ex parte submissions. Such 
a requirement may be viable under the Commission's current electronic 
filing processes, when it would not previously have been feasible. 
Further, it could help to ensure

[[Page 76730]]

that the record timely and unambiguously includes those materials that 
parties to our proceedings believe to be germane and informative. In 
the context of formal complaint proceedings, the Commission's rules 
already require parties to provide ``all non-Commission authorities 
relied upon which are not routinely available in national reporting 
systems, such as unpublished decisions or slip opinions of courts or 
administrative agencies.'' See 47 CFR 1.721(f).
    What would be the benefits and burdens of such a new procedural 
requirement in rulemaking proceedings? Should any such rule distinguish 
among types of documents cited? For example, should data be treated 
differently from other forms of information and should economic 
analysis be treated differently from a law review article, court 
decision, or other government publication? Should ease of access to the 
cited information matter? If so, how should ease of access be 
determined? Are there some circumstances in which materials could not 
practically be placed in the record, such as when third parties do not 
permit copying (e.g., daily newsletters), the material is very bulky, 
or the material is in the form of a database? Would parties need to 
place an entire document in the record or would an excerpt suffice? 
Should the inclusion of an Internet address (URL) where the document 
can be viewed be deemed sufficient to satisfy the filing requirement 
for that document? Might this proposal diminish the quality of the 
comments received by the Commission, for instance if the additional 
burden of providing supporting materials outweighs their perceived 
value to the commenter? Would this proposal impose an undue paperwork 
burden on filers? Should the proposal be adopted in additional, or 
different, categories of proceedings?

Federal Communications Commission.
Julie A. Veach,
Deputy General Counsel, Office of General Counsel.
[FR Doc. 2011-31545 Filed 12-7-11; 8:45 am]
BILLING CODE 6712-01-P
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