OFFICE OF
THE CHAIRMAN
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
February 23,2011
The Honorable Darrell E. Issa
Chairman
Committee on Oversight and Government Reform
U.S. House ofRepresentatives
2157 Rayburn House Office Building
Washington, D.C. 20515
Dear Chairman Issa:
Below I address your questions, recounted in your letters ofNovember 13, 2009 and
December 29,2010, concerning communications between the Federal Communications
Commission and the Executive Branch about proposed open Internet rules.
The Commission is an independent agency, and its "ex parte" disclosure rules apply to
certain communications between Commissioners and Commission staff and members ofthe
Administration or Congress. See 47 C.F.R. 1.1200 et seq. The Communications Act of 1934, as
amended, does not prohibit communications between Commissioners and Commission staff and
members ofthe Administration. Section 5(a) ofthe Communications Act specifically anticipates
that the Chairman will "represent the Commission in all matters requiring conferences or
communications with other governmental officers, depatiments or agencies." Under the
Commission's procedural rules, ex parte disclosure requirements generally come into effect upon
the release ofa Notice ofProposed Rulemaking (NPRM). 47 C.F.R. § 1. 1206(a)(1). In this
instance, consistent with general agency practice, prior to the release ofthe Open Internet NPRM
on October 22,2009 the open Internet matter was an "exempt proceeding" under the ex parte
rules. See Broadband Industry Practices Notice ofInquiry, 22 FCC Rcd 7894, 7898 at para. 12
(2007). Thus, for example, no disclosure requirements applied in September 2009. Moreover,
the Commission's Office of General Counsel is not aware of any potential violations ofthe ex
parte rules in connection with the subject matter ofyour letter.
We take our ex parte rules seriously, and our practice is to inform parties and the public
ofex parte violations when we become aware ofthem. Consistent with that practice, on January
11,2011, the Commission's Office of General Counsel issued a Notice ofProhibited
Presentations (enclosed) in the open Internet proceeding.
Please let me know ifI can be offurther assistance.