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 In  the  Matter  of  Amendment  of  Section  19.  735-  203  of  the  Commission’s  Rules 
 Concerning  Nonpublic  Information 


 Dissenting  Statement  of  Commissioner  Harold  W.  Furchtgott-  Roth 
 The  problem  with  the  disclosure  of  non-  public  information  –  i.  e.,  leaks  --  at  this 
 Commission  is  a  cultural,  not  a  regulatory,  one.  We  already  have  on  our  books  a  clear 
 proscription  against  the  non-  authorized  disclosure  of,  among  other  things,  the  content  of 
 agenda  items  or  actions  taken  by  the  Commission  on  circulation.  See  47  C.  F.  R.  section 
 19.735-  203(  a).  Rather  than  burdening  the  communications  industry  and  bar  with  yet 
 another  layer  of  regulation,  the  Commission  should  first  enforce  the  existing  rule.  After 
 all,  leaks  spring  from  the  inside,  not  the  outside,  of  this  building. 


 Admittedly,  it  may  be  difficult  to  discern  who  is  ultimately  responsible  for  a  given 
 leak.  But  that  just  points  up  the  fact  that,  in  the  end,  we  must  rely  upon  the  integrity  of 
 those  who  work  at  the  Commission,  and  upon  the  leadership  of  those  who  head  it,  to 
 ensure  respectful  observance  of  the  non-  disclosure  rule.  Unfortunately,  the  Commission 
 in  this  item  deflects  from  itself  any  responsibility  for  the  many  recent  high-  profile  leaks 
 that  prompted  today’s  action,  instead  reacting  to  those  events  by  adopting  new  rules  to 
 govern  the  conduct  of  others.  For  these  reasons,  I  respectfully  dissent. 
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