[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Proposed Rules]
[Pages 10658-10659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5382]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[GC Docket No. 02-37; FCC 02-54]
Truthful Statements
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commission proposes to amend its regulations relating to
the submission of truthful information to the Commission. Under the
current rule, Commission regulatees must not, in any written statement
submitted to the Commission, make any misrepresentation or willful
material omission bearing on any matter within the jurisdiction of the
Commission. The item would provide that the rule prohibits incorrect
statements or omissions resulting from negligence and not just
intentional misrepresentation or lack of candor; make clearer that the
rule covers statements made to the Commission in all contexts; include
oral statements and not just written statements; and include all
persons making statements to the Commission (e.g., including non-
regulatees).
DATES: Comments must be filed on or before April 8, 2002; reply
comments must be filed on or before April 22, 2002.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room
8-C723, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: David S. Senzel, Office of General
Counsel (202) 418-1720.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), GC Docket No. 2-37, adopted on February
14, 2002, and released February 22, 2002. The full text of the NPRM is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Portals II, 445 12th Street, SW,
Room CY-A257, Washington, DC 20554. Copies of filings may be purchased
from the Commission's copy contractor, Qualex International, Portals
II. 445 12th Street, SW, Room CY-B402, Washington, DC 20554, telephone
(202) 863-2893, facsimile (202) 863-2898. Filings may also be viewed on
the Commission's Internet web site using the Electronic Document Filing
System (ECFS) at http://gullfoss2.fcc.gov/prod/ecfs/comsrch--v2.cgi.
Summary of Notice of Proposed Rule Making
1. By this notice of proposed rulemaking, we propose to amend
Sec. 1.17 of our Rules, 47 CFR 1.17, which relates to the submission of
truthful statements to the Commission.
2. In all of our proceedings, the Commission relies heavily on the
truthfulness and accuracy of information submitted to us. If
information submitted to us is incorrect, we cannot properly carry out
our statutory responsibilities. It is our experience that the vast
majority of persons dealing with the Commission understand their
obligation to take the appropriate steps to ensure that the information
they submit is accurate. Nevertheless, we believe that the scope of the
current Sec. 1.17 as written may reflect an unduly narrow articulation
of the existing obligations of persons dealing with the Commission. It
thus may hamper our ability to take enforcement action in those rare
cases where persons dealing with the Commission do not exercise the
requisite care to ensure that they submit accurate information.
Accordingly, we propose to revise Sec. 1.17 as follows: (1) To provide
that the rule prohibits incorrect statements or omissions that are the
result of an intent to deceive or negligence\1\; (2) to make clearer
that the rule covers statements made to the Commission in all contexts;
(3) to include oral statements and not just written statements; and (4)
to include all persons making statements to the Commission (e.g.,
including non-regulatees).
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\1\ We have previously held that a violation of the portion of
the rule relating to omissions may occur in the absence of an intent
to deceive. See The Curators of the University of Missouri, 16 FCC
Rcd 1174 (2001).
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3. To implement these changes, we proposed to modify slightly the
first sentence of the current rule, which merely codifies existing
statutory requirements in Secs. 218, 308(b), 403, and other sections of
the Act pertaining to the obligation to provide any required
information. In addition, we modify the remainder of Sec. 1.17 to set
forth the obligation to provide truthful information. By specifying
that the rule prohibits both intentional and negligent statements and
omissions, the proposed rule better conveys our view that the rule
should have a broad scope. Licensees, regulatees, and others are
responsible for using their best efforts and exercising care and
diligence to ensure that, in all contexts, the information they provide
is correct and accurate. Nevertheless, we seek
[[Page 10659]]
comment on whether certain classes of proceedings (e.g., rulemakings or
other non-adjudicatory proceedings not involving specific parties)
should be subject to the rule only when deceptive intent is involved
and whether persons or entities that are not regulated by the
Commission should be subject to the rule only when deceptive intent is
involved.
Initial Regulatory Flexibility Certification
4. The Regulatory Flexibility Act of 1980, as amended (see 5 U.S.C.
601 et seq.) \2\ requires an initial regulatory flexibility analysis in
a notice and comment rulemaking proceeding unless we certify that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' 5 U.S.C. 605(b). We believe
that the rule we propose today will not have a significant economic
impact on a substantial number of small entities.
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\2\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
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5. In proposing to expand the scope of 47 CFR 1.17, we are merely
requiring persons dealing with the Commission to submit accurate
information. The proposed revised rule thus would not impose any
significant compliance burden on persons dealing with the Commission,
including small entities, or otherwise affect the rights of persons
participating in Commission proceedings. The revised rule would simply
enable the Commission to impose sanctions more effectively in those
instances where people intentionally or negligently submit incorrect
information. There is thus no reason to believe that operation of the
revised rule would impose significant costs on parties to Commission
proceedings.
6. Accordingly, we certify that the rule as proposed will not have
a significant economic impact on a substantial number of small
entities. 5 U.S.C. 605(b). The Commission shall send a copy of this
Notice of Proposed Rulemaking, including this certification, to the
Chief Counsel for Advocacy of the SBA. 5 U.S.C. 605(b). A copy of this
certification will also be published in the Federal Register. Id.
7. This Notice is Hereby given of the proposed regulatory changes
described above, and that Comment is Sought on these proposals.
8. Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested persons May file comments on or before
April 8, 2002 and reply comments on or before April 22, 2002. Comments
may be filed using the Commission's Electronic Comment Filing System or
by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24,121 (1998). To file by paper,
commenters must file an original and four copies of all comments, reply
comments, and supporting comments. If commenters want each Commissioner
to receive a personal copy of their comments, they must file an
original plus nine copies. Comments and reply comments should be sent
to Office of the Secretary, Federal Communications Commission,
Washington, DC 20554. In addition, commenters should file a copy of any
such pleadings with the Office of General Counsel, Portals II, 445 12th
Street, SW, Room 8-C723, Washington, DC 20554.
9. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference
Information Center, Portals II, 445 12th Street, SW, Room CY-A257,
Washington, DC 20554. Copies of filings may be purchased from the
Commission's copy contractor, Qualex International, Portals II. 445
12th Street, SW, Room CY-B402, Washington, DC 20554, telephone (202)
863-2893, facsimile (202) 863-2898. Filings may also be viewed on the
Commission's Internet web site using the Electronic Document Filing
System (ECFS) at http://gullfoss2.fcc.gov/prod/ecfs/comsrch--v2.cgi.
Alternative formats (computer diskette, large print, audio recording,
and Braille) are available to persons with disabilities by contacting
Brian Millin at (202) 418-7426 voice, (202) 418-7365 TTY, or
[email protected]. This NPRM can also be downloaded in Word or ASCII
formats at http://www.fcc.gov/ccb/cpd.
10. The Commission's Consumer Information Bureau, Reference
Information Center, Shall send a copy of this Notice of Proposed
Rulemaking, including the Initial Regulatory Flexibility Certification,
to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and procedure, Radio, Telecommunications,
Television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
For the reasons discussed in the preamble, part 1 of title 47 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309,
and 325(e).
2. Section 1.17 is revised to read as follows:
Sec. 1.17 Truthful and accurate statements to the Commission.
(a) The Commission or its representatives may, in writing, require
written statements of fact relevant to the determination of any matter
within the jurisdiction of the Commission.
(b) No person shall, in any written or oral statement of fact
submitted to the Commission, intentionally or negligently provide
incorrect material information or intentionally or negligently omit any
material information bearing on any matter within the jurisdiction of
the Commission.
[FR Doc. 02-5382 Filed 3-7-02; 8:45 am]
BILLING CODE 6712-01-P