Ex Parte

An ex parte presentation is a communication, written or oral, directed to the merits or outcome of a proceeding that, if written, is not served on all the parties to a proceeding, and if oral, is made without giving all the parties to the proceeding advance notice and an opportunity for them to be present.

The ex parte rules specify three types of Commission proceedings for ex parte purposes -- (i) "exempt" proceedings, in which ex parte presentations may be made freely and do not require subsequent notice, (ii) "permit-but-disclose" proceedings, in which ex parte presentations to Commission decision-making personnel are permissible but subject to certain disclosure requirements (i.e., a copy of written presentations and a summary of oral presentations must be filed in the record), and (iii) "restricted" proceedings, in which ex parte presentations to and from Commission decision-making personnel are generally prohibited (i.e., written materials must generally be served on all parties and all parties must have an opportunity to be present at oral presentations).

How Do I Find Other Ex Parte Submissions?

You can find Ex Parte submissions filed with the FCC by date on our Ex Parte calendar webpage, or by searching through ECFS.

Ex Parte Reference Materials

The rules governing ex parte presentations in Commission proceedings are found in sections 1.1200 to 1.1216 of volume 47 of the Code of Federal Regulations. The rules were substantially revised effective June 1, 2011, by FCC 11-11, released February 2, 2011. It is important that all those doing business with the Commission be familiar with the amended rules. The Commission’s ex parte rules play an important role in protecting the fairness of the FCC's proceedings by assuring that FCC decisions are not influenced by impermissible off-the-record communications between decision-makers and others. At the same time, the rules are designed to ensure that the FCC has sufficient flexibility to obtain the information necessary for making reasonable decisions.