[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR19.735-203]

[Page 794]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 19--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
            Subpart B--Employee Responsibilities and Conduct
 
Sec. 19.735-203  Nonpublic information.

    (a) Except as authorized in writing by the Chairman pursuant to 
paragraph (b) of this section, or otherwise as authorized by the 
Commission or its rules, nonpublic information shall not be disclosed, 
directly or indirectly, to any person outside the Commission. Such 
information includes, but is not limited to, the following:
    (1) The content of agenda items (except for compliance with the 
Government in the Sunshine Act, 5 U.S.C. 552b); or
    (2) Actions or decisions made by the Commission at closed meetings 
or by circulation prior to the public release of such information by the 
Commission.
    (b) An employee engaged in outside teaching, lecturing, or writing 
shall not use nonpublic information obtained as a result of his 
Government employment in connection with such teaching, lecturing, or 
writing except when the Chairman gives written authorization for the use 
of that nonpublic information on the basis that its use is in the public 
interest.
    (c) This section does not prohibit the disclosure of an official 
Commissionmeeting agenda listing titles and summaries of items for 
discussion at an open Commission meeting. Also, this section does not 
prohibit the disclosure of information about the scheduling of 
Commission agenda items.
    (d) Any person regulated by or practicing before the Commission 
coming into possession of written nonpublic information (including 
written material transmitted in electronic form) as described in 
paragraph (a) of this section under circumstances where it appears that 
its release was inadvertent or otherwise unauthorized shall promptly 
return the written information to the Commission's Office of the 
Inspector General without further distribution or use of the written 
nonpublic information. Any person regulated by or practicing before the 
Commission who willfully violates this section by failing to promptly 
notify the Commission's Office of the Inspector General of the receipt 
of written nonpublic information (including written material transmitted 
in electronic form) that he knew or should have known was released 
inadvertently or in any otherwise unauthorized manner may be subject to 
appropriate sanctions by the Commission. In the case of attorneys 
practicing before the Commission, such sanctions may include 
disciplinary action under the provisions of Sec. 1.24 of this chapter.

    Note: Employees also should refer to the provisions of the Standards 
of Ethical Conduct for Employees of the Executive Branch, at 5 CFR 
2635.703, on the use of nonpublic information.Additionally, employees 
should refer to Sec. 19.735-107 of this part, which provides that 
employees of the Commission who violate this part may be subject to 
disciplinary action which may be in addition to any other penalty 
prescribed by law. As is the case with section 2635.703, this part is 
intended only to cover knowing unauthorized disclosures of nonpublic 
information.

[61 FR 56112, Oct. 31, 1996, as amended at 65 FR 66185, Nov. 3, 2000]