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March 09, 2022

SBA’S OFFICE OF THE NATIONAL OMBUDSMAN IS AVAILABLE TO ASSIST SMALL BUSINESSES WITH FEDERAL ENFORCEMENT MATTERS


The Office of Communications Business Opportunities of the Federal Communications Commission (FCC) reminds small entities that the Office of the National Ombudsman within the U.S. Small Business Administration (SBA) is available to assist small entities with federal agency enforcement and compliance matters.  Created by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),  See 15 U.S.C. § 657.  SBREFA is Title II of the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996), which amended the Regulatory Flexibility Act of 1980, 5 U.S.C. § 601 et seq.
 the Ombudsman’s Office and 10 regional Small Business Regulatory Fairness Boards (RegFair Boards) facilitate meaningful dialogue between federal agencies and small entities.

One avenue for assistance is the Ombudsman’s written comment process.  Using a one-page Federal Agency Appraisal Form, a small business may submit to the Ombudsman’s Office any comments concerning a federal agency’s enforcement action.  The Ombudsman then forwards this form, along with any additional documentation, to the agency for review.  You may obtain additional information on this process, as well as on the RegFair hearing process, by contacting the Ombudsman’s Office at the number listed below.

In addition, a small business entity may request expedited treatment of an enforcement action against it, when it believes delayed action may threaten the economic viability of its business.

The SBA’s Ombudsman’s Office has asked all agencies to make clear that, if a small entity requests Ombudsman assistance on a matter, the agency that is the subject of the request will not retaliate.  The FCC welcomes the constructive dialogue that can result from coordination between the FCC, the Ombudsman’s Office, and small entities.

For further information concerning the written comment process for small businesses, please contact Carolyn Williams of the Office of Communications Business Opportunities, (202) 418-0987, Carolyn.Williams@fcc.gov and OCBOInfo@fcc.gov.  For information on expediting the treatment of a specific small business enforcement matter, please contact Lisa Gelb of the Enforcement Bureau, (202) 418-2019, Lisa.Gelb@fcc.gov.  To learn more about the SBA’s Office of the National Ombudsman, please visit www.sba.gov/ombudsman, or call (888)-REG-FAIR (888-734-3247). 


- FCC -