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(2) A board of Commissioners (see 10.212).

(3) The Telecommunications Committee (see 5 0.215), and

(4) Any other group of Commissioners hereafter established by the Commission on a continuing or ad hoc basis and authorized to act on behalf of the Commission.

(b) The term meeting means the deliberations among a quorum of the Commission, a Board of Commissioners, or a quorum of a committee of Commissioners, where such deliberations determine or result in the joint conduct of disposition of official agency business, except that the term does not include deliberations to decide whether a meeting should be open or closed. (The term includes conference telephone calls, but does not include the separate consideration of Commission business by Commissioners.) For purposes of this subpart each item on the agenda of a meeting is considered a meeting or a portion of a meeting.

[42 FR 12867. Mar. 7, 1977. as amended at 48 FR 56381. Dec. 21. 1963)

} 0.602 Open meetings.

(a) All meetings shall be conducted in accordance with the provisions of this subpart.

(b) Except as provided in §0.603, every portion of every meeting shall be open to public observation. Observation does not include participation or disruptive conduct by observers, and persons engaging in such conduct will be removed from the meeting.

(c) The right of the public to observe open meetings does not alter those rules in this chapter which relate to the filing of motions, pleadings, or other documents. Unless such pleadings conform to the other procedural requirements of this chapter, pleadings based upon comments or discussions at open meetings, as a general rule, will not become part of the official record, will receive no consideration, and no farther action by the Commission will be taken thereon.

(d) Deliberations, discussions, comments or observations made during the course of open meetings do not themselves constitute action of the Commission. Comments made by Commissioners may be advanced for purposes

of discussion and may not reflect the ultimate position of a Commissioner.

[42 FR 12867. Mar. 7, 1977. as amended at 45 FR 63491, Sept. 25, 1980]

§0.603 Bases for closing a meeting to the public.

Except where the agency finds that the public interest requires otherwise, an agency or advisory committee meeting may be closed to the public, and information pertaining to such meetings which would otherwise be disclosed to the public under §0.605 may be withheld, if the agency determines that an open meeting or the disclosure of such information is likely to:

(a) Disclose matters that: (1) Are specifically authorized under criteria established by executive order to be kept secret in the interest of national defense or foreign policy, and (2) are in fact properly classified pursuant to such executive order (see § 0.457(a));

(b) Relate solely to the internal personnel rules and practices of an agency (see § 0.457(b));

(c) Disclose matters specifically exempted from disclosure, by statute (other than the Freedom of Information Act, 5 U.S.C. 552). Provided, That such statute (1) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld (see § 0.457(c));

(d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential (see § 0.457(d));

(e) Involve accusing any person of a crime or formally censuring any person;

(f) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy (see §0.457(0);

(g) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would (1) interfere with enforcement proceedings, (2) deprive a person of a right to a fair trial or an impartial adjudication, (3) constitute an unwarranted invaslon of personal privacy, (4) disclose the identity of a confidential source, and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (5) disclose investigative techniques and procedures, or (6) endanger the life or physical safety of law enforcement personnel;

(h) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions;

(1) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action, except where the agency has already disclosed to the public the content or nature of the disclosed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or

(J) Specifically concern the agency's issuance of a subpoena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures specified in 5 U.S.C. 664 or otherwise involving a determination on the record after opportunity for hearing.

§0.605 Procedures for announcing meetings.

(a) Notice of all open and closed meetings will be given.

(b) The meeting notice will be submitted for publication in the Federal Register on or before the date on which the announcement is made. Copies will be available in the Press and News Media Division on the day the announcement is made. Copies will also be attached to "FCC Actions Alert", which is mailed to certain individuals and groups who have demonstrated an interest in representing the public in Commission proceedings.

(c)(1) If the agency staff determines that a meeting should be open to the public, it will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division, who has been designated to respond to requests for information about the meeting.

(2) If the staff determines that a meeting should be closed to the public, it will refer the matter to the General Counsel, who will certify that there is (or is not) a legal basis for closing the meeting to the public. Following action by the General Counsel, the matter may be referred to the agency for a vote on the question of closing the meeting (See §0.606).

(d)(1) If the question of closing a meeting is considered by the agency but no vote is taken, the agency will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division.

(2) If a vote is taken, the agency will. In the same announcement and within one day after the vote, make public the vote of each participating Commissioner.

(3) If the vote is to close the meeting, the agency will also, In that announcement, set out a full written explanation of its action, including the applicable provision(s) of §0.603, and a list of persons expected to attend the meeting, including Commission personnel, together with their affiliations. The Commissioners, their assistants, the General Counsel, the Executive Director, the Chief, Press and News Media Division, and the Secretary are expected to attend all Commission meetings. The appropriate Bureau or Office Chief and Division Chief are expected to attend meetings which relate to their responsibilities (see subpart A of this part).

(4) If a meeting is closed, the agency may omit from the announcement information usually included, if and to the extent that it finds that disclosure would be likely to have any of the consequences listed in §0.603.

(e) If the prompt and orderly conduct of agency business requires that a meeting be held less than one week after the announcement of the meeting, or before that announcement, the agency will issue the announcement at the earliest practicable time. In addition to other information, the announcement will contain the vote of each member of the agency who participated in the decision to give less than seven days notice and will specify the nature of the emergency situation if it is not clear from the subject matter.

(f) If, after announcement of a meeting, the time or place of the meeting is changed or the meeting is cancelled, the agency will announce the change at the earliest practicable time.

(g) If the subject matter or the determination to open or close a meeting is changed, the agency will publicly announce the change and the vote of each member at the earliest practicable time. The announcement will contain a finding that agency business requires the change and that no earlier announcement of the change was possible.

(47 U.8.C. 164, 155. 303)

[42 FR 13867, Mar. 7, 1977. as amended at 44

PR 13425. Mar. 7, 1979; 44 FR 70472. Dec. 7.

1979]

J 0.606 Procedures for closing a meeting to the public

(a) For every meeting closed under 10.603, the General Counsel will certify that there is a legal basis for closing the meeting to the public and will state each relevant provision of §0.603. The staff of the agency will refer the matter to the General Counsel for certification before it is referred to the agency for a vote on closing the meeting. Certifications will be retained In a public file In the Minute and Rules Branch. Office of the Secretary.

(b) The agency will vote on the question of closing a meeting.

(1) If a member of the agency requests that a vote be taken;

(2) If the staff recommends that a meeting be closed and one member of the agency requests that a vote be taken; or

(3) If a person whose interests may be directly affected by a meeting requests

the agency to close the meeting for any of the reasons listed in §0.603 (e), (0 or (g), or if any person requests that a closed meeting be opened, and a member of the agency requests that a vote be taken. (Such requests may be filed with the Secretary at any time prior to the meeting and should briefly state the reason(s) for opening or closing the meeting. To assure that they reach the Commission for consideration prior to the meeting, they should be submitted at the earliest practicable time and should be called specifically to the attention of the Secretary—in person or by telephone. It will be helpful if copies of the request are furnished to the members of the agency and the General Counsel. The filing of a request shall not stay the holding of a meeting.)

(c) A meeting will be closed to the public pursuant to §0.603 only by vote of a majority of the entire membership of the agency. The vote of each participating Commissioner will be recorded. No Commissioner may vote by proxy.

(d) A separate vote will be taken before any meeting is closed to the public and before any Information is withheld from the meeting notice. However, a single vote may be taken with respect to a series of meetings proposed to be closed to the public, and with respect to information concerning such series of meetings (a vote on each question, if both are presented), if each meeting Involves the same particular matters and is scheduled to be held no later than 30 days after the first meeting in the series.

(e) Less than seven days notice may be given only by majority vote of the entire membership of the agency.

(f) The subject matter or the determination to open or close a meeting will be changed only if a majority of the entire membership of the agency determines by recorded vote that agency business so requires and that no earlier announcement of the change was possible.

§0.607 Transcript, recording or minutes; availability to the public

(a) The agency will maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting closed to the public, except that in a meeting closed pursuant to paragraph (h) or (j) of S 0.603, the agency may maintain minutes in lieu of a transcript or recording. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any item will be identified in the minutes.

(b) A public file of transcripts (or minutes) of closed meetings will be maintained in the Minute and Rules Branch, Office of the Secretary. The transcript of a meeting will be placed in that file if, after the meeting, the responsible Bureau or Office Chief determines, in light of the discussion, that the meeting could have been open to the public or that the reason for withholding information concerning the matters discussed no longer pertains. Transcripts placed in the public file are available for inspection under {0.460. Other transcripts, and separable portions thereof which do not contain information properly withheld under $0,603, may be made available for inspection under {0.461. When a transcript, or portion thereof, is made available for inspection under {0.461, it will be placed in the public file. Copies of transcripts may be obtained from the duplicating contractor pursuant to {0.465(a). There will be no search or transcription fee. Requests for inspection or copies of transcripts shall specify the date of the meeting, the name of the agenda and the agenda item number; this information will appear in the notice of the meeting. Pursuant to (0.466(c)(3), the Commission will make copies of the transcript available directly, free of charge, if it serves the financial or regulatory interests of the United States.

(c) The Commission will maintain a copy of the transcript or minutes for a period of at least two years after the meeting, or until at least one year after conclusion of the proceeding to which the meeting relates, whichever occurs later.

(d) The Commissioner presiding at the meeting will prepare a statement setting out the time and place of the

meeting, the names of persons other than Commission personnel who were present at the meeting, and the names of Commission personnel who participated in the discussion. These statements will be retained in a public file in the Minute and Rules Branch, Office of the Secretary.

PARTI-PRACTICE AND
PROCEDURE

Subpart A—General Rules of Practice and
Procedure

General

Sec.

.1 Proceedings before the Commission.

.2 Declaratory rulings.

.3 Suspension, amendment, or waiver of rules.

.4 Computation of time.

.5 Mailing address furnished by licensee.

.6 Availability of station logs and records for Commission inspection.

.8 Withdrawal of papers.

.10 Transcript of testimony; copies of documents submitted.

.12 Notice to attorneys of Commission documents.

.13 Filing of petitions for review and notices of appeals of Commission orders.

.14 Citation of Commission documents.

.16 Unsworn declarations under penalty of perjury in lieu of affidavits.

.17 Truthful written statements and responses to Commission inquiries and correspondence.

.18 Administrative Dispute Resolution.

.19 Use of metric units required.

Parties. Practitioners, And Witnesses

.21 Parties.

.22 Authority for representation.

.23 Persons who may be admitted to practice.

.24 Censure, suspension, or disbarment of attorneys.

.25 Former Commissioners and employees.

.26 Appearances.

.27 Witnesses; right to counsel.

.28 Administrative enforcement of Improper post-employment activity.

.29 Current partners of current employees.

Pleadings. Briefs, And Other Papers

.41 Informal requests for Commission action.

.42 Applications, reports, complaints; cross-reference.

.43 Requests for stay; cross-reference.

.44 Separate pleadings for different requests.

1.46 Pleadings; filing periods.

1.46 Motions for extension of time.

1.47 Service of documents and proof of service.

1.41 Length of pleadings.

1.49 Specifications as to pleadings and docu

menta.

1 JO Specifications as to briefs. 1.51 Number of copies of pleadinps, briefs,

and other papers. 1-SJ Subscription and verification.

GKskk.m. Application Procedures

1.61 Procedures for handling applications

requiring special aeronautical study. 1.63 Operation pending action on renewal

application. 1.66 Substantial and significant changes in

information furnished by applicants to

the Commission. 1.6* Action on application for license to

cover construction permit. 1.77 Detailed application procedures; cross

references.

Miscellaneous Proceedings

.80 Forfeiture proceedings.

.83 Applications for radio operator 11

1.M Procedure with respect to commercial radio operator license applications.

1.85 Suspension of operator licenses.

1.87 Modification of license or construction permit on motion of the Commission.

.88 Predesignatlon pleading procedure.

.39 Notice of violations.

1J1 Revocation and/or cease and desist proceedings; hearings.

: 92 Revocation and/or cease and desist proceedings; after waiver of hearing.

: 90 Consent orders.

1.94 Consent order procedures.

1J6 Violation of consent orders.

Reconsideration And Review Of Actions Taken By The Commission And Pursuant To Delegated Authority. Effective Dates And Finality Dates Of Actions

1.101 General provisions.

1.102 Effective dates of actions taken pursuant to delegated authority.

1.103 Effective dates of Commission actions; finality of Commission actions.

1.1M Preserving the right of review; deferred consideration of application for review.

1.106 Petitions for reconsideration.

1.101 Reconsideration on Commission's own motion.

1.110 Partial grants; rejection and designation for hearing.

1.113 Action modified or set aside by person, panel, or board.

1.11S Application for review of action taken pursuant to delegated authority.

: 117 Review on motion of the Commission.

1.120 Protests of grants without hearing. Subport B—Hearing Proceeding* General

1.201 Scope.

1.202 Official reporter; transcript.

1.203 The record.

1.204 Pleadings; definition.

1.205 Continuances and extensions.

1.307 Interlocutory matters, reconsideration

and review; cross references. 1.209 Identification of responsible officer in

caption to pleading. 1.211 Service.

Participants And Issues

1.221 Notice of hearing; appearances.

1.223 Petitions to intervene.

1.224 Motion to proceed in forma pauperis.

1.225 Participation by non-parties; consideration of communications.

1.227 Consolidations.

1.229 Motions to enlarge, change, or delete Issues.

Presiding Officer

1.241 Designation of presiding officer.

1.243 Authority of presiding officer.

1.244 Designation of a settlement judge.

1.245 Disqualification of presiding officer.

Prehearino Procedures

1.246 Admission of facts and genuineness of documents.

1.248 Prehearing conferences; hearing conferences.

1.249 Prehearing statement.

Hearing And Intermediate Decision

1.250 Discovery and preservation of evidence; cross-reference.

.251 Summary decision.

.253 Time and place of hearing.

.254 Nature of the hearing; burden of proof.

.255 Order of procedure.

.258 Closing of the hearing.

.260 Certification of transcript.

.261 Corrections to transcript.

.263 Proposed findings and conclusions.

.264 Contents of findings of fact and conclusions.

1.267 Initial and recommended decisions.

Review Proceedings

1.271 Delegation of review function.

1.273 Waiver of Initial or recommended decision.

1.274 Certification of the record to the Commission for Initial or final decision.

1.276 Appeal and review of initial decision.

1.277 Exceptions; oral arguments.

1.279 Limitation of matters to be reviewed. 1.282 Final decision of the Commission.

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