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Box 7-1: The rulemaking process of the Federal Communications Commission (FCC)
The rulemaking process consists of the following stages:
Preliminary Consultations
Petition for rulemaking: The initiative to change FCC rules and regulations, or to adopt new ones, originates from sources both within and outside the Commission. When submitted from outside the FCC, the interested party must file a “petition for rulemaking” requesting that the FCC undertake such action. If the FCC determines that the petition presents sufficient reasons to warrant the initiation of a rulemaking proceeding, an appropriate notice of the proposed rulemaking will be issued. In cases where the FCC determines that insufficient grounds exist for initiating a rulemaking proceeding, the petition will be denied and the petitioner will be notified of the FCC’s decision along with the basis for the decision.1
Petition for Declaratory Rulings: This procedure is one that may be utilized by members of the public who want the FCC to clarify the scope or application of an existing rule.
Notice of Inquiry (NOI): If the FCC is interested in a particular issue but has not formulated a specific rule change proposal, the agency may issue an NOI. In an NOI, the FCC generally asks interested parties to respond to specific questions regarding novel issues or concerns for which the FCC seeks further information before deciding on the appropriate course of action. For example, recent NOIs have addressed such issues as IP-enabled services and mobile termination rates. NOIs are initiated either in response to an outside request or by the FCC itself.
Rulemaking
Notice of Proposed Rulemaking (NPRM): When the FCC seeks to introduce changes to its rules, it issues an NPRM and seeks public comments on these proposals. NPRMs are publicly available, placed on the FCC website, and summarized in the Federal Register. A deadline is specified for both comments and reply comments. Interested parties may visit the FCC commissioners and staff to express views on the proceeding, but they must file an ex parte letter in the public record of the proceeding, detailing whom they visited and what they discussed. In any rulemaking where the FCC determines that an oral argument, hearing or any other type of proceeding is warranted, notice of the time, place, and nature of such proceeding will be published in the Federal Register.2 After considering comments in response to an NPRM, the FCC renders its decisions in the form of a Report and Order (R&O). In the R&O, the FCC not only issues its final rules, but discusses and responds to comments submitted by interested parties. The R&O explains the FCC’s decision and its rationale. It may develop new rules, amend existing rules or decide not to take any action.
Confidentiality request: If the public requests that the comments be withheld from public inspection, the documents must be clearly marked as “Confidential - Not for public inspection.” |