
FILE.HLP 
 (this file is for use of the members of the BPForum members of CompuServe)

HOW TO FILE COMMENTS WITH THE FCC ON RULE MAKING PROCEEDINGS

When the FCC issues a Notice of Inquiry (NOI) or Notice of Proposed Rule
Making (NPRM) it invites the public to submit comments and submit replay 
comments.  Any interested party may respond to the notice, or send reply
comments to those of others, or file a Petition for Reconsideration (PFR)
there objecting to the final FCC order.

A Notice of Inquiry is a broad fact-finding proceeding in which the FCC tries
to determine if there is interest in a particular regulatory subject and the
critical issues, and to gather information that will help it clarify those
issues.  A Notice of Proposed Rule Making outlines the specific purpose of
the intended rule changes or additions and frequently gives the suggested
text of those rules.  A NOI or NPRM are issued upon a petition from a member
of the public (either private or corporate).  They are also issued by
direction of the Congress, as a result in a change in international
regulations or federal law.  In addition the FCC issues NPRM's at the request
of another federal agency, or on its own motion.  

The following may assist those who wish to submit a petition for rule making
or comments on a NOI or NPRM proceeding.

PETITION FOR RULE MAKING.

The petition is a formal request format to the FCC to conduct an inquiry on a
particular communications subject or to add a rule or make changes in a
rule.  The first page of the petition are prepared in a standardized style
shown below.  Any person, firm or organization may  submit a petition (no age
or other restriction).  The requested action must be something that the FCC
is authorized by law to regulate.  

Here is the heading of a sample petition for a rule change:


Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC  20554

In the matter of:


Amendment of the FCC Rules	)
to permit Amateur Radio		)
Stations to transmit		)         DOCKET 
recordings of the			) 
National Anthem			)


PETITION FOR RULE MAKING

Submitted by the Hometown Amateur Radio Club, Inc. Hometown, MI


Note that under the "In the matter of" is a brief description of the subject
of the petition.  The exact wording is not critical but should be   clearly
identify the subject.  The FCC will usually carry the same wording throughout
the proceeding.  (Avoid general phrases such as "Revision of certain amateur
licensing rules,"  "Amendment of Section 73.182 of the Rules for broadcast
stations," etc.)  Clearly state the specific purpose, even if the proposed
changes cover many separate rules. 

Number each paragraph and use the first paragraph and second to expand on the 
specific action requested, its purpose of objective, and the petitioner's
interest or standing in the issue.  This is an example of how the above could
be worded:

1.  The Hometown Amateur Radio Club, Inc., an organization representing 125
licensed amateur radio operators requests the Commission to issue a Notice of
Proposed Rule Making be issued for the purpose of amending Section 97.XX of
the Rules  to permit each amateur radio stations to transmit a recording of
the National Anthem (Stars Spangled Banner) once each calendar day.  The   
membership of the club believes that this will promote patriotism, and
goodwill among United States amateurs, and also help identify U.S. stations
to foreign amateurs due to the many confusing variations in call signs that
are now assigned by the FCC. 


The remaining paragraphs of the petition should be a more detailed discussion
of the proposed rule, its application, and how resolve any abuses or 
problems.  Finally, the petitioner or officer of the petitioning organization
must sign the petition.  Include the full mailing address for  correspondence
below the typed name of the person signing the petition. 


The FCC staff first determine the Commission has the legal authority to act
on the request.  (International radio regulations may prohibit all amateur
stations from transmitting music of any form.)  The FCC will also dismiss a
petition if the same issue was fully covered in another recent proceeding.  
The FCC will return the such a petition without further action. 

Next the FCC places the petition on "Public Notice" so other interested  
parties may review the request.  If someone wishes to support the petition or
has serious objections, or believes the requested action is unlawful, they
can submit brief comments or a counter petition. Such comments are similar to
the seconding motion made at a meeting. HOWEVER, THIS IS NOT THE TIME TO
SUBMIT DETAILED COMMENTS OR SUGGESTED CHANGES.  


COMMENTING ON NOTICES OF INQUIRY OR PROPOSED RULE MAKING

The FCC will issue the NOI or NPRM based on the request or in combination
with similar requests from others.  Also, the FCC may include its own
suggestions.  The FCC specifies a time period, usually from 30 to 180 days
for submission of comments.  A shorter period for reply comment follows. 
Reply comments are use to either support, supplement or refute the original
comments of others. The Federal Register publishes either in full or
abbreviated text of all notices of rule making proceedings.  The public may
read and copy all petitions, comments, and other proceeding documents at the
FCC's reference room at the Washington headquarters. 

Use the same heading as shown in the example above for submitting formal
comments on a NOI or NPRM.  The FCC will assign a PROCEEDING DOCKET NUMBER 
such as MM 87-111.  Show the number following the word DOCKET at the center
of the page about in the middle of the "In the Matter of" text.  Send the
original and six (6) copies of formal comments addressed to the FCC in
Washington.  Informal comments can be submitted in letter form and are
usually in letter form.  However, be sure to show the docket number near the
letter heading to ensure that it is included in the docket file. 

Mail or deliver comments to FEDERAL COMMUNICATIONS COMMISSION, 1919 M STREET
NW, WASHINGTON, DC  20554.  DO NOT SEND COMMENTS TO FIELD OFFICES.  Except
the heading area, double space type the comments on standard 8-1/2   by 11
paper.  Documents longer than 10 pages should have a Table of Contents and a
summary or synopsis of the comments.

Submit reply comments to either support or supplement original comments of
others, or to refute or challenge those comments.  Reply comments must be
factual and specifically referenced to the original comments.  Do not raise
new issues in reply comments unless you have critical new information
Entirely new not previously available.  The FCC will extend the time for
comments and reply comments for good reason.  Additional time may be needed
to complete complex field measurements or laboratory experimental work
essential to the successful conclusion of the proceeding.  

The FCC suggests the following in submitting effective comments:

oFACTS:  The FCC is interested in who you are and what your interest
is.  Provide a clear, brief explanation of your opinion and related
facts.  Include only facts that are essential to your discussion of
the issues involved, emphasizing evidence which supports your
position.

oEXPERIENCE:  The FCC is interested in any experiences or insights  
you might have that concerns issues or questions raised in a NOI or
NPRM.

oBE SPECIFIC:  The FCC is interested in explicit comments. 
Ambiguous statements will only confuse the FCC.  (Votes of support
or objection without facts and experience are not helpful in
deciding the issues.)  If only the details of the proposed rule or
only one of several provisions are objectionable, make this clear. 
If the rule would be acceptable with certain modifications, fully
explain the need for the changes.  The FCC will consider
alternatives that would better serve the intended purpose of the
proceeding.

After the final date for comments to a Notice of Inquiry, the FCC staff will
review all submissions and either  prepare a Notice of Proposed Rule Making
or a Memorandum Opinion and Order closing the proceeding.  For a rule making
proceeding, the FCC can issue a Memorandum Opinion and Order to close the
proceeding without changes, amend the rules with a Report and Order (R&O). 
It may also issue a Further Notice of Proposed Rule Making to enlarge the
issues to suggest alternatives submitted in the comments.  

PETITIONS FOR FURTHER CONSIDERATION.
  
One final matter.  Should the FCC adopt rule changes by issuing a Report and
Order that you believe are seriously flawed or will do serious harm due to
improper procedures or failure to fully consider critical information
available in the proceeding, you may submit a petition for reconsideration.  
 
Such petitions must be filed within 30 days after the Federal Register
publishes the final rules.  Petitions for Reconsideration may also request a
stay in the effective day of the rules until the Commission considers your
request.  Again, it is essential that your petition clearly state the issues
why reconsideration is necessary.  For example, a valid reason for
reconsideration would be if a critical laboratory measurement report with
contrary evidence was lost from the record and not considered in the final
decision. The FCC will regularly dismisses reconsideration requests that only
repeat arguments previously submitted and considered in the concluding
document.  

If the FCC dismisses your Petition for Reconsideration, you may then petition
to the United States Federal Court of Appeals. 
 
ents are similar to
the seconding motion made at a meeting. HOWEVER, THIS IS NOT THE TIME TO
SUBMIT DETAILED COMMENTS OR SUGGESTED CHANGES.  


COMMENTING ON NOTICES OF INQUIRY OR PROPOSED RULE MAKING

The FCC will issue the NOI or NPRM based on the request or in combination
with similar requests from others.  Also, the FCC may include its own
suggestions.  The FCC specifies a time period, usually from 30 to 180 days
for submission of comments.  A shorter perio