And just FYI, I want to lay a
little out. This is the FCC's summary for laymen (non-lawyers), of just one of thirteen basic FAQs; as with any question of law the answer as to any particular question or case is "it's ****ing
complicated":
What are the requirements for the rulemaking process:
Unless otherwise indicated, this summary describes the "notice and comment" process for issuing legislative rules (rules that create legally binding rights or obligations). The requirements for "notice and comment" generally do not apply to non-legislative, procedural or organizational rules, which the Commission may issue without notice and comment.
Administrative Procedure Act. The Administrative Procedure Act (APA) sets forth the basic requirements for notice and comment rulemaking (also called "informal" rulemaking), the process generally used by agencies to issue legislative rules. Other statutes, executive orders, or agency rules impose additional requirements.
NPRM. In notice-and-comment rulemaking, an agency must first issue a notice of proposed rulemaking (NPRM) and provide an opportunity for public comment on the proposal before it can issue a final rule. There are exceptions to the requirement for notice and comment. For example, notice and comment may be waived for "good cause" for such things as emergencies.
The NPRM explains the need, source of authority, and reasons for the proposed rule changes. The NPRM will contain either the text of a proposed rule or a description of the subjects and issues involved. The agency's explanation of its proposal may include how the agency chose its proposed solution to the problem or alternative solutions that the agency is considering. Although the public may comment on anything in the proposal, the agency usually will include specific questions on which it particularly wants public comment and data. The NPRM also includes such information as the deadline for public comments, how and where to file comments, and people to contact for further information about the proposal.
NPRM publication. When an agency issues an NPRM, it is normally published in the Federal Register, which provides online and print access to the official text of federal laws, presidential documents and agency regulations and notices. It is accessible at
Federal Register | National Archives.
Public comment period. Generally, the Commission will allow at least 30 days for the public to file comments on an NPRM with the Commission. Sometimes, especially for highly technical and complex matters, we provide much longer periods. We may also use shorter periods where there is a need to act quickly. The public may request more time to comment; if you provide a clear reason, that will help us make a decision on whether to extend the comment period.
Public comments. The volume and length of comments received in response to an NPRM vary depending on the nature and scope of the proposed rule changes. We may receive thousands of comments or only a few, and individual comments may be hundreds of pages or only a paragraph or two.
We have found that public comments can be very helpful to our decisions. The public may identify a better way for us to achieve our objective or it may point out problems with our proposal that we did not see. Our rules are improved through public participation.
Sometimes, commenters say things in their comments without including data or analysis to support them. While anyone may comment, our ultimate decision has to be reasonable pursuant to the Administrative Procedure Act; we have to provide a basis for our decision and show how our rule will achieve its purpose. We have included in this document a section on how to prepare effective comments.