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- 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.
-