Ed’s Telecom Alert

Folks,

I will try to explain what the FCC terms means. This is not all comprehensive report by any accounts, tho. Just the most frequently used ones.

By the FCC: Public Notice, Notice of Proposed Rulemaking (NPRM), Further Notice of Proposed Rulemaking (FNPRM), Rule and Order, Declaratory Ruling,

By Public: Petition, Comment, Reply to Comment, and Ex Parte.

Rule and Order - basically means a decision in adopting a new rule or amending an existing rule has been made regarding an issue or several issues that were raised in the NPRM or FNPRM. THis is the final rule after reviewing comments, reply comments and ex parte presentations/letters/comments that were submitted to the Commission.

Notice of Proposed Rulemaking (NPRM) or Further Notice of Proposed Rulemaking (FNPRM) means that an issue or several issues need to be further explored - often it may focus on vendors or consumers or for everyone; depending on the issue(s). This is when the Commission invites comments and reply comments from the public. This is definitely where comments probably will make its most greatest impact.

Public Notice (PN) is the most common releases by the Commission as a way to communicate with the public. The Commission or Bureau post PN to announce on various issues and clarification on existing regulations. PN can be used to seek comments from the public on particular aspect of the regulation that requires the Commission or Bureau’s interpretation. PN is also being issued to seek comments in response to a Petition.

Declaratory Ruling means reminder for usually to specific group and sometimes for everyone on particular ruling that needs to be re-emphasized and/or clarified. A Declartory Ruling is often used in respond to a Petition for Clarification.

Petition means a person or company may petition a disagreement (Petition for Reconsideration which must be filed within a specific timeframe) or asks for change of recent or past ruling that the FCC had made; or may even petition some new idea that u feel the FCC needs to explore (Petition for Rulemaking). Petition for Clarificaiton to ask the FCC to clarify specifics from NPRM, FNPRM, Rule and Order, etc.  Petitions usually are written by lawyers hired by the companies, but I’ve seen individuals write petitions before.

"Comment" usually means responding to that was released by the FCC for first time - be it Rule and Order, and FNPRM - sometimes for Public Notice. "Reply Comments" usually means responding to the first round of comments made to the first released Rule and Order or FNPRM. Reply comments are often made in response to other comments or made to elaborate its previous comments. On a highly controversial issues, may even have third round of comments (which is usually referred as late filed comments or ex parte comments), but rare. Comments usually have between 15 to 60 day period of which to respond to. Reply comment almost always have 15 days of which to respond to.

Now if u respond after the specified period, the comments/reply comments then would be considered ex parte comments. Once a while, one does get Public Notice indicating that ex-parte comments carry as much weigh as the comments filed within specified period of time - rare, but has happened for TRS issues before.  It is vitally important that filing within the period time will get the attention of the FCC; ex-parte comments may or may not get the attention that the comments deserve. 

Now in filing comments/reply comments/ex-parte comments, always cite the Docket Number, and exact label of the issue and the date. It is always helpful to have a summary/introduction of your concern, and then follow it with expanded explanation. Try to use cites, or quotes or data, better if can use all, and try to offer ur explanation why. Lot of comments I’ve seen goes like this "I’m against [so so] because I don’t like their service" or even "I love the company, please support it" and no explanation of why. These kind of comments probably will be counted as "one" vote as pro or con. Those with detailed explanation will be analyzed and incorporated into the general recommendation - powerful impact, indeed to get to that. It would also be very helpful if you can present a solution. Its the question of "how" that the Commission is really interested in.

What role should u put in? Well, if u can safely represent an organization or club or agency (make sure u have their blessings), do so. If not, then if ure a CEO, do so. However, the FCC is particularly fond of getting comments from grassroots especially if the comments are well thought out and well presented with supporting facts along with substantive documents. Of course, just the comments with a heartfelt analysis will do. Even a pretty straightforward comments will do. Just keep in mind more info and docs one provide, the better chances of being incorporated into "recommendation" than to be just counted as one vote.

eyes open & thumbs up,

Ed Bosson
RT Administrator