*Pages 1--1 from  Microsoft Word - 25632.doc*
 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE  News  Media  contact:  March  10,  2003  Audrey  Spivack  202-  418-  0512 
 FCC  STRENGTHENS  RULES  CONCERING  TRUTHFUL  WRITTEN  STATEMENTS  SUBMITTED  TO  THE  COMMISSION 
 Washington,  D.  C.  –  Today,  the  FCC  announced  that  it  has  revised  its  rules  to  strengthen  the  requirements  for  the  submission  of  truthful  statements  to  the  Commission. 
 As  amended,  section  1.17  of  the  Commission’s  Rules  prohibits  written  and  oral  statements  of  fact  that  are  intentionally  incorrect  or  misleading  and  written  statements  of  fact  that 
 are  made  without  a  reasonable  basis  for  believing  that  the  statement  is  correct  and  not  misleading.  In  requiring  that  submitters  of  written  statements  in  fact-  based  adjudications  and 
 investigations  have  a  reasonable  basis  to  believe  that  what  they  say  is  correct  and  not  misleading,  the  Commission  is  imposing  on  the  submitters  a  duty  of  due  diligence,  including  the  duty  to  take 
 appropriate  affirmative  steps  to  determine  the  truthfulness  of  what  is  being  submitted. 
 The  revised  section  1.17  broadens  the  category  of  persons  subject  to  its  requirements  to  include:  (1)  any  applicant  for,  or  holder  of,  any  Commission  authorization;  (2)  any  person 
 performing  without  Commission  authorization  an  activity  that  requires  Commission  authorization;  (3)  any  recipient  of  a  Commission  citation  or  letter  of  inquiry,  or  any  person 
 subject  to  a  Commission  or  staff  investigation;  (4)  in  a  proceeding  to  amend  the  FM  or  Television  Table  of  Allotments,  any  person  filing  an  expression  of  interest,  and  (5)  to  the  extent 
 not  already  covered  above,  any  cable  operator  or  common  carrier.  Attorneys  and  engineers  acting  in  their  representational  capacities  are  not  covered  by  the  amended  rule.  The  amended 
 rule  applies  to  investigatory  and  adjudicatory  matters.  It  does  not  apply  to  declaratory  ruling  or  to  rulemaking  proceedings  except  for  expressions  of  interest  in  proceedings  to  amend  the  FM  or 
 Television  Table  of  Allotments,  and  tariff  proceedings. 
 The  new  rule  is  a  clearer,  more  comprehensive,  and  more  focused  articulation  of  the  standards  for  truthful  statements  than  the  old  rule.  The  Commission  also  said  that  the  new  rule 
 will  enhance  the  effectiveness  of  its  enforcement  efforts. 
 Action  by  the  Commission  March  4,  2003,  by  Report  and  Order  (FCC  03-  45).  Chairman  Powell,  Commissioners  Abernathy,  Copps,  Martin,  and  Adelstein. 


 Office  of  General  Counsel  contact:  David  Senzel  at  202-  418-  1760 
 -FCC- 
1