Julie writes:

Dear Dr. FCC:
I want to file a public comment with the Federal Communications Commission on an issue that is really important to me. But I don't want to use those auto Web forms that some advocacy groups provide. I'd rather comment on my own.

The problem is that I went to the FCC's Web site and it's totally confusing. Why do they make it so confusing? Can you help?

Julie

Dear Julie:

I feel your pain. In fairness, the FCC doesn't try to make it hard. But the way that Congress structures the FCC's decision-making process makes the public participation process confusing. Once you understand that process, however, you can write effective comments to the Commission.

When the FCC wants to make a new rule or a new set of rules, it often goes through three stages. First it issues a Notice of Inquiry (NOI) to the public. The purpose of the NOI is simply to gather information about the general problem that the FCC seeks to solve. The FCC has issued inquiries on everything from satellite orbit distances to how to protect birds from electrified wireless towers.

After enough people have commented, the FCC will frequently issue a Notice of Proposed Rulemaking (NOPR). The NOPR proposes specific rules or regulations to solve some problem or conflict, and it often goes through two stages.

First the FCC allows the public to comment on the proposal for a fixed amount of time - usually from thirty to ninety days. Then the Commission allows the public to reply to comments for a similar period. The agency's five Commissioners also meet with interested parties during this time.

Finally, the Commissioners and their staffs will read all the comments and negotiate with each other. If they can come up with a three person majority, they will issue an Order on the matter. The Order explains the logic behind the decision in some detail, and becomes law unless a party successfully takes it to court, or Congress overrides the decision with their own rules.

That's why it's hard to just write a letter to the FCC on whatever happens to come to your mind. Think of the FCC as a sort of transit depot, full of trains moving in and out of the station. Each train equals a NOI or a NOPR. Like a commuter train, you've got to know when it will arrive and where it is going. Then you can jump on!

The key is identifying the docket number for the right proceeding. As with trains, the FCC gives each proceeding a number when it posts the NOI or NOPR on its Web site (www.fcc.gov). If you know the docket number, just go to the FCC's handy dandy comment form, plug in the docket number in the first text field, and file your comment.

You can either type your comment right into the form, or you can upload a Word, pdf, Excel, or text file that you've produced on your computer.

Unfortunately, the Commission does not do a good job of making it easy to figure out when and where NOIs and NOPRs are going, especially if you don't pay attention to what's happening at the FCC on a regular basis.

So I've started compiling a list of proceeding docket numbers that you can see in the grey block on the upper right of this article.

Suggestions for writing effective comments

1. Be nice.

The first thing to remember about filing a public comment with the FCC is that it is public. That means that what you write will be stored in a database accessible to the many lawyers, businesspeople, activists, government officials, and journalists who follow FCC proceedings. In fact, I draw most of the materials on this Web site from public filings.

So in the short run you might find it satisfying to call the FCC a cabal of fascistic/Stalinist/Bush loving/Jesus hating pornographers or whatever, but frankly, nobody at the Commission will take your comment very seriously. And you also could find your comment floating somewhere across the Web. That's why it's better to write something intelligent and assertive rather than nasty and aggressive.

2. Team up.

Magnify the power of your comment by getting three or four of your friends to co-sign. Call yourself something, eg. "the Anytown Committee for Media Reform" or "the Smallville Coalition for Local Radio." You get the idea. Clear Channel and Microsoft do this. Why not you?

3. Make specific suggestions.

Don't just say that you are against something, emphasize what you are for. Try to come up with concrete proposals and observations in your comment. If you think that the FCC should not relax its media ownership rules, what do you think that the FCC should do? What's going on in your community that you can tell the FCC about?

Specific comments are important, because if the FCC, in composing its final Order, ignores a detailed, specific suggestion or observation, any group that appeals the Order to the courts can cite that omission in its petition for relief.

4. Be professional.

If you upload a letter, create a letterhead style document. But remember, if you put your cell phone number or personal email on the top of the document, it's there for everybody to see—and download.

A great example of an individual filing can be found here.

While participating in some advocacy group's automated comment campaign is a good way to start getting involved, Julie is right to want to take the next step. I hope that this Web site helps.

Got a question about the FCC that needs answering? Dr. FCC and he'll offer his unqualified opinionated opinion on the subject!