Rulemaking Process at the FCC

Whenever Congress enacts a law affecting telecommunications, the Federal Communications Commission starts a proceeding to create the rules and policies required by the new law. The FCC also may start a proceeding when an outside party files a petition seeking a new law or change in existing rules. There are three basic types of rules. (Rules are also sometimes called “regulations”).

They are:

• Legislative (sometimes called “Substantive”) Rules. These rules create legally binding rights and obligations for the agency and the public. For example, a legislative rule might say that broadcast towers must have lights to reduce the hazard to aviation.
• Non-legislative Rules. These rules are of two subtypes:
• i. Interpretive Rules. As the name suggests, these rules interpret the meaning of statutes or legislative rules that the Commission administers.
• ii. Policy Statements. These tell the public how the agency plans to exercise some discretionary power that is has. For example, a policy statement might explain the typical fines for particular violations of the Commission’s rules.
• Organizational and Procedural Rules. These rules describe the agency’s structure and the way in which its determinations are made. For example, such rules may delegate authority to make certain decisions to a particular Bureau within the Commission or set a deadline for filing comments with the Commission.