Monday, October 25, 6:00 – 8:15 p.m.

“Ethics, Social Media, and Administrative Procedure: Ex Parte Rules for a Digital Age”

 

Presented by the Professional Responsibility and Access to Government Committees

 

The FCBA Professional Responsibility and Access to Government Committees will hold a CLE on Monday, October 25, 2010, from 6:00 – 8:15 p.m. on Ethics, Social Media, and Administrative Procedure: Ex Parte Rules for a Digital Age.  This CLE will be held at Holland & Knight LLP, 2099 Pennsylvania Avenue, NW.

 

Advocacy before the Federal Communications Commission (FCC) has traditionally taken the form of written comments and written and oral ex parte presentations.  Today, the FCC also interacts with the public through its Twitter feeds, blogs, and even a Facebook presence, among others.  What are the ethical and procedural implications of the FCC’s new forms of interaction with the public?  How does this impact advocacy before the agency?  What are the requirements that practicing lawyers must observe?  CLE seminar presenters will discuss the legal obligations of practitioners in this changing environment and changes to the ex parte process and other procedural rules currently under consideration in FCC rulemaking proceedings.

 

AGENDA

 

6:00 – 6:05 p.m.         Introductions

 

6:05 – 7:05 p.m.         Background: Existing Ex Parte Rules and Proposed Changes

 

·         Existing rules governing restricted, exempt, and “permit-but-disclose” proceedings

·         FCC proposals for greater disclosure through filing of additional and more detailed notices

·         Proposed modifications to sunshine period rules

·         Potential models from other agencies

·         Commenter proposals to eliminate oral ex parte communications and require disclosure of filers’ relationships with other entities

·         Companion proceeding on procedural rules governing petitions for reconsideration, docketing, and electronic filing

·         Policy goals and practical implementation issues

 

Moderator:

                                    Peter Connolly, Holland & Knight

 

                                    Panelists

                                    Chris Bjornson, Attorney, Steptoe & Johnson

                                    Austin Schlick, General Counsel, FCC

                                    Andy Schwartzman, Senior Vice President and Policy Director, Media Access

Project

                                    David Solomon, Partner, Wilkinson Barker Knauer LLP

 

7:05 – 7:15 p.m.         Break

 

7:15 – 8:15 p.m.         Ex Parte Communications in the Age of Social Networks

 

A panel of experts will address the practical effects of the FCC's push into the world of social networking on the ex parte process.  How does a tweet work its way into the official record?  Do communications that occur between FCC personnel and the outside world via social networking applications have to be memorialized in a more traditional manner?  How can the public or a court determine whether the FCC relied on non-traditional communications to inform the rulemaking process?

 

·         Overview of the FCC’s social media presence, including new websites, blogs, Facebook page, a Myspace page, IdeaScale pages, a Flickr page, a Twitter page, RSS feeds, and a YouTube page.

·         Modification of FCC ex parte rules to accommodate the use of new interactive tools

·         Administrative Procedure Act implications of social media

·         Issues for comment in ex parte rulemaking proceeding

 

Moderators:

Matt Gerst, CTIA- The Wireless Association and Jared Carlson, Ericsson

 

Speakers:

 

Chris Bjornson, Attorney, Steptoe & Johnson

Joel Kaufman, Associate General Counsel and Division Chief, Administrative Law

 Division, FCC

Andy Schwartzman, Senior Vice President and Policy Director, Media Access

 Project

David Solomon, Partner, Wilkinson Barker Knauer LLP