FCC Comment, Opposition and Reply to FCC NPRM or NOI
Notice of Proposed Rulemaking (NPRM) and Comment
Maldonado Law researches, prepares and files comments and replies to FCC rulemaking on behalf of clients for internet, telecommunications, broadcast, and TCPA issues. Maldonado Law represents both individual clients and trade associations in the process. Most FCC rules and policies are adopted by the Commission through formal rulemaking and a process known as “Notice and Comment” rulemaking. This process begins with the FCC issuing a Notice of Proposed Rule Making (NPRM) that states the topic, rationale for change, proposed rule, and applicable law to be implemented by the proposed rule or policy. The process allows the public to participate in rulemaking by giving relevant feedback that can be used by Commission staff in developing the prospective rule or policy. Likewise, when Congress enacts a new law affecting, or modifies, the Federal Communications Act, the change often requires the FCC to make adjustments to rules or promulgate new policies Notice and Comment applies. The public in the process of Notice and Comment includes licensees and interested parties that have been regulated, or, may be affected under the new rules and policy. The gathering and analyzing public comment are important parts of the FCC’s rulemaking process, and, where the feedback addresses legal, procedural and practical dose impact the Rules and findings developed on telecommunications, broadcast, internet, and TCPA issues. This is typically done by the FCC before issuing a Report & Order(R&O) either implementing the Rule(s). Sometimes that feedback also gives the FCC pause to consider the proposed rules and issue a “Further NPRM” regarding specific issues raised in Comment period to provide an opportunity for the public to comment further or consider an alternative proposal made during the Comment Period.
Notice of Inquiry (NOI)
Sometime the FCC will ask the public if further rules, policy or action by the Commission is needed on a particular topic or issue. A Notice of Inquiry (NOI) issued by the FCC and set for a Comment Period. Depending on the industry, client and timeliness of the the issue or topic, Maldonado Law is engaged to monitor the FCC for a potential NOI. In advance of the NOI, Maldonado Law researches the law and issues in anticipation of a Comment period so that a full and complete Comment or Opposition Comment can be made on behalf of the client. Once release released, Comments and Opposition Comments are filed early in the process so that others equally impacted by the potential new rule can Comment in support of the client’s position or raise their own Opposition or support.
Reply Comments to NOI or NPRM
Within an NOI or MPRM Comment process, interest groups, competitive businesses, law firms serving particular sectors (ad-hoc coalitions) or individuals may raise Opposition Comments to a Comment filed by Maldonado Law on behalf of a client. If left unanswered, the Opposition stands as the last word from the public on the matter before the FCC makes a decision on the issue before issuing a R&O or FNPRM. The Notice and Comment process affords Reply Comments. The Replies are more focused than original Comments, and, tend to fall upon more controversial issues within the proposed Rule, interpretation or policy of the FCC. Maldonado Law researches, prepares and files Reply Comments to Oppositions to original rulemaking Comments made on behalf of clients. While no Comment, Opposition or Reply will guarantee that the FCC may promulgate a rule or policy a specific way, the more well founded the position in law and practical application, the more the FCC must integrate the issues raised in its final O&R.
Contact Maldonado Law to schedule a confidential initial consultation and learn about potential participation in NPRM and NOI Comment processes and period as well as our rates and experience.
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