FCC Says Strengthened Rule Will Help Enforcement
NEWINGTON, CT, Mar 10, 2003--The FCC has revised its rules to strengthen the requirements for the submission of truthful statements. The Commission has amended §1.17 that prohibits written and oral statements of fact that are intentionally incorrect or misleading. The revised rule also covers written statements of fact made without reason to believe that a statement is true and accurate.
"The new rule is a clearer, more comprehensive, and more focused articulation of the standards for truthful statements than the old rule," the FCC said in a Report and Order released March 10. "The new rule will also enhance the effectiveness of our enforcement efforts."
The FCC says its amended rule applies to investigatory and adjudicatory matters and to tariff proceedings. It does not apply to general rulemaking or declaratory ruling proceedings. "The new rule prohibits written and oral statements of fact that are intentionally incorrect or misleading and written statements that are made without a reasonable basis for believing that the statement is correct and not misleading," the FCC said. The FCC says its old rule, which applied only to written submissions, "was less precise in defining the standard of care required."
The FCC also broadened the scope of individuals affected beyond applicants and licensees. The new rule also applies to any person undertaking an activity that requires Commission authorization, even if the activity is not authorized, and to any recipient of a citation or a letter of inquiry from the FCC or who is the subject of a Commission investigation--including an informal investigation. The revised rule also applies to anyone expressing interest in a proceeding to amend the FM or Television Table of Allotments (§73.1015) and to any cable operator or common carrier (§73.939).
The FCC said it received comments and reply comments from several sources, including the Federal Communications Bar Association (FCBA). ARRL did not comment in the proceeding.
In requiring those submitting written statements in fact-based adjudications and investigations to have "a reasonable basis" to believe that what they say is correct and not misleading, the Commission said it's imposing "a duty of due diligence, including the duty to take appropriate affirmative steps to determine the truthfulness" of a submission. Attorneys and engineers acting in their representational capacities are not covered by the amended rule.
The FCC said it sees no reason at this time to extend the rule to apply to submissions in rulemaking and declaratory ruling proceedings. The Commission said that while it expects parties to be truthful in those proceedings, it also realizes that such proceedings "typically involve wide-ranging discussions of general policy" rather than specific facts at issue. "We do not wish to hinder full and robust public participation in such policymaking proceedings by encouraging collateral wrangling over the truthfulness of the parties' statements," the FCC concluded.
"The revised rule would simply enable the Commission to impose sanctions more effectively in those instances where people intentionally or negligently submit incorrect or misleading information," the FCC said.
The Commission acted in the proceeding on March 4. Its vote was unanimous.
Page last modified: 08:17 AM, 11 Mar 2003 ET
Page author: awextra@arrl.org
Copyright © 2003, American Radio Relay League, Inc. All Rights Reserved.
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