Ex Parte Rules
These are disclosure requirements connected with ex parte comments. Any person who presents data or arguments not already reflected in that person's previous filings must describe their data or arguments in a letter or memo and provide an original and a copy of a letter or memo to the Secretary (with a copy to the Commissioner or staff member involved). The letter or memo must include the docket number and should describe which FCC staff were present. The memorandum must be filed within one day of the presentation. Comments can be filed by mail, electronically or by hand.
Requirements for an Ex Parte Comment:
- Written comments follow the same rules and procedure for filing any comment.
- Oral ex parte comments after an oral presentation to FCC staff follow the same format of rules and procedure for filing any comment.
- They are usually in letter format.
- Include any information or data you used to try to persuade FCC staff. If new information was presented, the ex parte letter must describe this in detail. If the information presented was not new, it does not need to be detailed as comprehensively.
- When filing electronically make sure the box of section number 11 is marked EX PARTE.
- When filing paper comments make sure the document is conspicuously marked with the docket number and says "EX PARTE." For ex parte comments the Secretary must be provided with the original and two extra copies.
- More Information:
If there are any doubts as to whether information presented was new or used to persuade the FCC, it is better to err on the safe side. File an ex parte letter.
The Secretary will then place letters and memos reflecting written and oral ex parte comments in the public record. These are available in the FCC’s Electronic Filing Comment System under the appropriate docket.
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