---
kind: "section"
citation: "47 C.F.R. § 1.1203"
title: "47"
number: "1.1203"
heading: "Sunshine period prohibition."
url: "https://uscodex.org/cfr/47/1.1203"
---

# §1.1203. Sunshine period prohibition.

- (a) With respect to any Commission proceeding, all presentations to decisionmakers concerning matters listed on a Sunshine Agenda, whether ex parte or not, are prohibited during the period prescribed in [paragraph (b)](#b) of this section unless:
  - (1) The presentation is exempt under [§ 1.1204(a)](/cfr/47/1.1204.md?p=a);
  - (2) The presentation relates to settlement negotiations and otherwise complies with any ex parte restrictions in this subpart;
  - (3) The presentation occurs in the course of a widely attended speech or panel discussion and concerns a Commission action in an exempt or a permit-but-disclose proceeding that has been adopted (not including private presentations made on the site of a widely attended speech or panel discussion); or
  - (4) The presentation is made by a member of Congress or his or her staff, or by other agencies or branches of the Federal government or their staffs in a proceeding exempt under [§ 1.1204](/cfr/47/1.1204.md) or subject to permit-but-disclose requirements under [§ 1.1206](/cfr/47/1.1206.md). Except as otherwise provided in [§ 1.1204(a)(6)](/cfr/47/1.1204.md?p=a-6), if the presentation is of substantial significance and clearly intended to affect the ultimate decision, and is made in a permit-but-disclose proceeding, the presentation (or, if oral, a summary of the presentation) must be placed in the record of the proceeding by Commission staff or by the presenter in accordance with the procedures set forth in [§ 1.1206(b)](/cfr/47/1.1206.md?p=b).
- (b) The prohibition set forth in [paragraph (a)](#a) of this section begins on the day (including business days and holidays) after the release of a public notice that a matter has been placed on the Sunshine Agenda until the Commission:
  - (1) Releases the text of a decision or order relating to the matter;
  - (2) Issues a public notice stating that the matter has been deleted from the Sunshine Agenda; or
  - (3) Issues a public notice stating that the matter has been returned to the staff for further consideration, whichever occurs first.
- (c) The prohibition set forth in [paragraph (a)](#a) of this section shall not apply to the filing of a written ex parte presentation or a memorandum summarizing an oral ex parte presentation made on the day before the Sunshine period begins, or a permitted reply thereto.

## Notes

### Amendments

[62 FR 15855, Apr. 3, 1997, as amended at 64 FR 68947, Dec. 9, 1999; 76 FR 24381, May 2, 2011]

### Source

Source: 52 FR 21052, June 4, 1987, unless otherwise noted.

### Authority

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted.

### Amendments

[62 FR 15855, Apr. 3, 1997, as amended at 64 FR 68947, Dec. 9, 1999; 76 FR 24381, May 2, 2011]