PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET N.W. .
WASHINGTON, D.C. 20554
News media information 202/632·5050. Recorded Ustlng of releases 8'ld texts 202/632-0002.
DA 94-240
March 16, 1994
APPLICATION OF EX PARTE RULES TO INTERNET E-MAIL
The Commission's new computer system now affords members of the
public access to decision-making personnel through delivery of
Internet" E-Mail. The purpose of this public notice is to remind
th~public that the~parte rules (47 C.P.R. §1.1200~~)
that apply to written presentations. to any Commission decision 
making personnel also apply to Internet E-Mail presentations.
In restricted proceedings (e.g., proceedings involving mutually
exclusive applications, a formal complaint, or a formally opposed
application), oral and written ex parte presentations are
generally prohibited. See 47 C.P.R. §1.1208. Therefore, as with
other written presentations, Internet E-Mail presentations to
Commission decision-makers in restricted proceedings are
prohibited unless they are served on all parties to the
proceeding.
In non-restricted proceedings (e.g., most informal rulemakings
after issuance of a notice of proposed rulemaking),~parte
presentations are permissible (except during the Sunshine Period)
but must be disclosed. See 47 C.P.R. §1.1206.Therefore, as
with other written presentations, if an Internet E-Mail~parte
presentation in a non-restricted proceeding is transmitted to any
decision-making personnel, two hard copies of that presentation
should be provided to the Secretary. The presentation (as well
as any transmittal letter) should indicate clearly on its face
the docket number of the particular proceeding(s} to which it
relates and the fact that two copies of it have been submitted to
the Secretary. The presentation should be labeled or captioned
as an ex parte presentation.~47 C.P.R. §1.1206(a} (1) .
During the Sunshine Period (the period which commences when an
item is placed on the Sunshine Agenda and ends when the item is
released), unless specifically exempted, all presentations
concerning an item on the Sunshine Agenda,~parte or not, are
prohibited.~47 C.P.R. §1.1203. This prohibition applies
whether the proceeding is restricted, non-restricted, or is
exempt under the~parte rules. Therefore, unless an exemption
specifically applies (e.g., a presentation specifically requested
by the Commission or staff or a presentation frqm Congress or
another Federal Government agency.~47 C.F.R. §1.1203{b}&(c»,
no Internet E-Mail presentations should be transmitted during the
Sunshine Period to decision-making personnel. See 47 C.F.R.
§1.1203.
Action by the General Counsel.
For further information, contact Steve Bailey (202) 254-6530.