**Before the CORRECTED Federal Communications Commission**

**Washington, D.C. 20554**

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| In the matter of                 | *  |                              |
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| Implementation of Guidelines for | ** |                              |
| Ensuring and Maximizing the      |    |                              |
| Quality, Objectivity, Utility,   | *  |                              |
| and Integrity of Information     | *) |                              |
| Pursuant to Section 515 of       | ** |                              |
| Public Law No. 105-554           |    |                              |
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|                                  | *) |                              |
|                                  | ** |                              |
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+----------------------------------+----+------------------------------+

**INFORMATION QUALITY GUIDELINES**

**Adopted: October 4, 2002 Released: October 8, 2002**

By the Commission:

1.  By this Notice, the Federal Communications Commission ("Commission")
    publishes in Appendix A of this document its Information Quality
    Guidelines as required by Office of Management and Budget ("OMB")
    guidelines implementing section 515(a) of the Treasury and
    Government Appropriations Act for Fiscal Year 2001, Pub. L. No.
    106-554, § 515, 114 Stat. 2763, 2763A-153 (2000), [reprinted
    at]{.underline} 44 U.S.C.A. § 3516 Historical and Statutory Notes
    ("Data Quality Act").

**I. BACKGROUND**

2\. The Data Quality Act requires the development of government-wide
standards on the quality of governmental information disseminated to the
public. It directs the Director of OMB to issue guidelines under the
Paperwork Reduction Act ("PRA"), 44 U.S.C. §§3504(d)(1) and 3516,
providing guidance to Federal agencies "for ensuring and maximizing the
quality, objectivity, utility, and integrity of information (including
statistical information) disseminated by Federal agencies in fulfillment
of the provisions of \[the PRA\]." The Data Quality Act states that OMB
guidelines shall apply to sharing by agencies of and access to
information disseminated by agencies (section 515(b)(1)); requires
agencies to issue their own guidelines (section 515(b)(2)(A)); and
requires agencies to establish administrative mechanisms allowing
affected persons to seek and obtain correction of information maintained
and disseminated by an agency that does not comply with OMB guidelines
(section 515(b)(2)(B)). Finally, the statute requires periodic reports
by agencies to OMB concerning the number of complaints filed and how the
complaints were handled (section 515(b)(2)(C)).

1.  OMB's guidelines implementing the Data Quality Act[^1] required all
    federal agencies to publish in the Federal Register by May 1, 2002 a
    notice of the availability of the agency's draft information quality
    guidelines.[^2] After considering public comment, agencies were
    required to provide OMB with appropriately revised draft guidelines
    by August 1, 2002.[^3] Finally, by October 1, 2002, agencies must
    publish in the Federal Register a notice that the agency's
    guidelines are available on the Internet.[^4]

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2.  The Commission published a notice of its proposed guidelines[^5] and
    posted the proposed guidelines on its website.[^6] We received
    comments from OMB,[^7] the Center for Regulatory Effectiveness,
    Citizens for Sensible Safeguards, and the U.S. Chamber of
    Commerce.[^8] These latter three comments were exact duplicates or
    customized versions of letters sent to all federal agencies, and for
    the most part were already reflected in existing Commission
    practice, were not applicable to the Commission's mission, or
    suggested actions that only OMB has the authority to undertake.
    Nevertheless, in response to the comments, we made some revisions to
    the draft guidelines and submitted them to OMB, who provided further
    minor suggested changes. In total, eleven changes were made to the
    guidelines.

    **II. SUMMARY OF THE GUIDELINES**

3.  The Commission is dedicated to ensuring that all data it
    disseminates reflect a level of quality commensurate with the nature
    of the information. Further, the Commission seeks to disseminate all
    its data as broadly and promptly as possible. This commitment
    applies to all data and information disseminated by the Commission,
    whether or not they are specifically covered by these guidelines.
    Since public comment plays an important role in ensuring data
    quality, the Commission provides numerous opportunities and ways for
    the public to comment on and interact with the Commission regarding
    its data and information. In addition to the standards established
    in these guidelines, these opportunities for interaction are
    described throughout the Commission's Internet site at
    [http://www.fcc.gov](http://www.fcc.gov/).

4.  Our guidelines substantially follow the provisions of the [OMB
    Guidelines]{.underline}, which interpret many key statutory terms,
    such as "information," "disseminate," "quality," "objectivity,"
    "utility," and "integrity."[^9] We will utilize definitions of these
    terms for our guidelines that largely incorporate OMB's definitions,
    with some modifications to take into account the Commission's unique
    processes. For example, we provide additional clarifying definitions
    related to FCC adjudicative processes but do not elaborate on terms
    such as "influential."

5.  We also publish procedures for reviewing and substantiating the
    quality, objectivity, utility, and integrity of information before
    it is disseminated by the Commission.

6.  The Data Quality Act and [OMB Guidelines]{.underline} require that
    we establish an administrative mechanism to allow affected persons
    to seek and obtain correction of information maintained and
    disseminated by the agency that does not comply with the OMB or our
    guidelines.[^10] Our guidelines provide that initial complaints
    about matters within the scope of the guidelines are to be filed
    with a central office in the Commission that assigns the complaint
    to the Bureau or Office where the information dissemination product
    in question originated. Beginning October 1, 2002, the initial
    complaint may be filed electronically by answering the series of
    questions found at http://www.fcc.gov/omd/dataquality/complaints. If
    affected persons are concerned about information disseminated in the
    context of a rulemaking proceeding, such concerns should be raised
    as comments in the rulemaking process. For concerns raised within
    the context of rulemaking, the Commission may choose to provide a
    response to the concern prior to the completion of rulemaking, if
    doing so is appropriate and will not delay the issuance of the final
    action in the matter. If affected persons have legal access to and
    complaints about information outside the scope of these guidelines
    (as defined in Appendix A, Section III, Number 2), they should raise
    such concerns directly with the originator of the information.

7.  The [OMB Guidelines]{.underline} require that agencies set time
    limits for action on complaints.[^11] The FCC standard is that the
    relevant Bureau or Office will respond to initial complaints within
    45 days. As provided in the [OMB Guidelines]{.underline}, the Bureau
    or Office handling the initial complaint will respond in a manner
    appropriate to the nature and extent of the complaint.[^12]
    Complaints deemed to be inconsequential, trivial, or frivolous may
    require no response at all.[^13] We may also reject complaints made
    in bad faith or without justification.[^14] If a complaint requires
    corrective action, the appropriate level of correction[^15] shall
    occur within 60 days of the decision on the complaint. The [OMB
    Guidelines]{.underline} require that persons who do not agree with
    the initial decision be afforded the opportunity to seek
    administrative review of that decision.[^16] Applications for review
    should be presented to the Commission for determination within 120
    days.[^17] Where warranted, the Commission may deny applications for
    review without providing reasons.

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III. **PROCEDURAL MATTERS AND ORDERING PARAGRAPHS**

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8.  [Further Information]{.underline}. For further information, contact
    Dr. Karen Wheeless, Office of Managing Director, 445 12^th^ Street
    SW, Room 1-A807, Washington, DC 20554 or by e-mail to
    <KWheeles@fcc.gov>.

9.  Accordingly, IT IS ORDERED THAT, pursuant to section 515(a) of the
    Treasury and Government Appropriations Act for Fiscal Year 2001,
    Pub. L. No. 106-554, § 515, 114 Stat. 2763, 2763A-153 (2000), and
    section 4(i), of the Communications Act of 1934, as amended, 47
    U.S.C. § 154(i), the Information Quality Guidelines are hereby
    ADOPTED as set forth in the Appendix.

10. The Information Quality Guidelines shall be effective upon
    publication of a Notice in the *Federal Register* directing
    interested parties to the Information Quality Guidelines posted on
    the Internet on October 8, 2002. [See]{.underline} 5 U.S.C. §
    553(d).

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

    **INFORMATION QUALITY GUIDELINES**

**I. Purpose and Scope**

1.  The Federal Communications Commission (hereafter identified as the
    Commission) is publishing these guidelines to ensure and maximize
    the quality, objectivity, utility, and integrity of specific types
    of information it disseminates, as required by section 515(a) of the
    Treasury and Government Appropriations Act for Fiscal Year 2001,
    Pub. L. No. 106-554, § 515, 114 Stat. 2763, 2763A-153 (2000),
    *reprinted at* 44 U.S.C.A. § 3516 Historical and Statutory Notes
    ("Data Quality Act"). The Commission is committed to the quality,
    objectivity, utility, and integrity of information throughout the
    information life cycle and will ensure that Paperwork Reduction Act
    clearance packages will result in information that will be
    collected, maintained, and used in a way consistent with the
    Commission's and OMB's information quality standards.

2.  The purpose of this Appendix is to describe the Commission's policy
    and procedures for reviewing and substantiating the quality of
    information before it is disseminated to the public, and to describe
    the Commission's administrative mechanisms allowing affected persons
    to seek and obtain, where appropriate, correction of information
    disseminated that does not comply with the Office of Management and
    Budget (OMB) Guidelines, [Guidelines for Ensuring and Maximizing the
    Quality, Objectivity, Utility, and Integrity of Information
    Disseminated by Federal Agencies]{.underline}, 66 FR 49718 (Sept.
    28, 2001) (interim guidelines), and 67 FR 8452 (Feb. 22, 2002), or
    the Commission's Information Quality Guidelines, which will be
    issued October 8, 2002.

3.  These guidelines apply only to information disseminated by the
    Commission as defined in these guidelines. Other information
    distributed by the Commission that is not addressed by these
    guidelines may be subject to other Commission policies and
    correction procedures.

4.  This document provides guidance to Commission staff and informs the
    public of the Commission's policies and procedures. These guidelines
    are not rules or regulations. They are not legally enforceable and
    do not create any legal rights or impose any legally binding
    requirements or obligations on the Commission or the public. Nothing
    in these guidelines affects any otherwise available judicial review
    of Commission action. Factors such as imminent threats to public
    health or homeland security, or statutory or court‑ordered deadlines
    may cause these guidelines to be temporarily waived.

**II. Definitions**

For purposes of these guidelines, the following definitions apply:

1 *Adjudicative processes* refer to the findings and determinations made
in the course of formal and informal adjudications. Because there are
well-established procedural safeguards and rights to address the quality
of factual allegations and adjudicatory decisions, and to provide
persons with an opportunity to contest decisions, these guidelines do
not generally impose additional procedural requirements on the
Commission during adjudicative proceedings. Examples of adjudicative
processes include:

i.  Formal and informal complaint processes;

ii. Notices, Opinions, or Orders that assign liability, assess damages,
    issue fines, revoke licenses, require forfeitures, seek consent,
    deny requests and pleadings, or any other action on the part of a
    non-Commission party;

iii. Consent decrees;

iv. Cease and desist orders;

v.  Pleadings, petitions, filings, requests, motions;

vi. Items on the Accelerated Docket;

vii. Cases before or decisions of Administrative law judges;

viii. Settlement negotiations;

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ix. Decisions and orders related to licensing;

x.  Applications for approval under section 271 of the Communications
    Act (as amended); and

xi. Tariff investigations under sections 204 and 205 of the
    Communications Act (as amended).

    2.  *Affected persons* are people who may benefit from or be harmed
        by the dissemination or use of a specific information
        dissemination product.

    3.  *Complaint* refers to a written communication to the Commission
        that includes enough information so that the Commission can
        readily determine the specific information dissemination product
        the complaining party believes needs correcting, how the
        complaining party is affected by the information dissemination
        product sought to be corrected, the sections of these guidelines
        or the [OMB Guidelines]{.underline} the complaining party
        believes have not been followed, what resolution the complaining
        party would like, and how to get in contact with the comment
        writer.

    4.  *Data* are the basic or underlying elements of information. All
        information dissemination products covered by these guidelines
        are based upon data. Additionally, covered information
        dissemination products may contain analysis of the data and
        conclusions drawn from this analysis.

    5.  *Dissemination* means Commission-initiated or sponsored
        distribution of information intended for the public.
        Dissemination does not include: distribution limited to
        government employees or agency contractors or grantees; intra-
        or inter-agency use or sharing of government information;
        responses to requests for agency records under the Freedom of
        Information Act, the Privacy Act, the Federal Advisory Committee
        Act, or other similar laws; correspondence with individuals or
        persons; archival records; press releases, in which the factual
        information has been previously released, and other
        non-scientific/non-statistical general, procedural, or
        organizational information; and public filings, subpoenas, or
        adjudicative processes.

    6.  *Influential*, when used in the phrase "influential scientific,
        financial, or statistical information," means that the
        Commission can reasonably determine that dissemination of the
        information will have or does have a clear and substantial
        impact on important public policies or important private sector
        decisions.

    7.  *Information* means any communication or representation of
        knowledge such as facts or data, in any medium or form,
        including textual, numerical, graphic, cartographic, narrative,
        or audiovisual forms. This definition includes information
        disseminated from an Internet page, but does not include the
        provision of hyperlinks to information that others disseminate.
        This definition does not include opinions where the presentation
        makes it clear that what is being offered is someone\'s opinion
        rather than an official view.

    8.  *Information dissemination product* means any book, paper, map,
        machine-readable material, audiovisual production, or other
        documentary material regardless of physical form or
        characteristic that is covered by these guidelines and
        disseminated to the public as an expression of an official
        Commission position. This definition can include electronic
        documents, CD-ROMs, or web pages.

    9.  *Integrity* refers to the security of information -- protection
        of the information from unauthorized access or revision to
        ensure that the information is not compromised through
        corruption or falsification.

10\. *Non-scientific/non-statistical general, procedural, or
organizational information* includes:

i.  Press releases, in which the factual information has been previously
    released

ii. Information flyers and brochures

iii. Speeches/Remarks/Presentations and their accompanying visual
     materials

iv. Listings of:

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a.  Licensees, registrations, fees paid

b.  Phone directories

c.  Job openings

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xvi. Transcriptions or minutes (video, audio, or print) of meetings

xvii. Glossaries

xviii. Links to non-Commission sites

xix. Standards

xx. FAQ's

xxi. Organizational descriptions

     xi. Organization charts

     xii. Budget submittals

     xiii. Strategic and performance plans

     xiv. Descriptions of laws, regulations, rules that underpin
          Commission activities

     xv. Biographies

xxii. Applications, standards, and help products

xxiii. Forms (for printing or on-line filing)

xxiv. Database search results

xxv. How-to-file materials

xxvi. Fee information

xxvii. Electronic comment filings

       11. *Objectivity* involves two distinct elements, presentation
           and substance. In a substantive sense objectivity means that,
           where appropriate, data should have full, unbiased, reliable,
           accurate, transparent documentation; and error sources
           affecting data quality should be identified and disclosed to
           users. In a scientific, financial, or statistical context,
           substantive objectivity means that the original and
           supporting data shall be generated, and the analytic results
           shall be developed, using sound statistical and research
           methods. Presentational objectivity involves a focus on
           ensuring unbiased clarity, accuracy, completeness, and
           reliability.

       12. *Quality* is a term encompassing utility, objectivity, and
           integrity. Therefore, the guidelines sometimes refer to these
           four statutory terms, collectively, as \"quality.\"

       13. *Reproducibility* means that the information is capable of
           being substantially reproduced, subject to an acceptable
           degree of imprecision. For information judged to have more
           influence or important impact, the degree of imprecision that
           is tolerated is reduced. With respect to analytic results,
           \"capable of being substantially reproduced\" means that
           independent analysis of the original or supporting data using
           identical methods would generate similar analytic results,
           subject to an acceptable degree of imprecision or error.

       14. *Transparency* refers to practices of describing the data and
           methods used in developing an information dissemination
           product in a way that it would be possible for an independent
           reanalysis to occur by a qualified individual or
           organization. Transparency does not require that information
           be disclosed where disclosure would result in harm to other
           compelling interests such as privacy, trade secrets,
           intellectual property, confidentiality protections, or public
           safety.

       15. *Utility* refers to the usefulness of the information to its
           intended users, including the public. In assessing the
           usefulness of information that the Commission disseminates to
           the public, the Commission will consider the uses of the
           information not only from the perspective of the Commission
           but also from the perspective of the public.

**III. Pre-Dissemination Information Review and Substantiation Process**

1.  Beginning October 1, 2002, the following process will apply to
    information dissemination products distributed by the Commission,
    regardless of when the information was first disseminated, in order
    to ensure and maximize the quality, objectivity, utility, and
    integrity of the information. The information dissemination products
    covered by these guidelines include reports prepared for Congress or
    required by legislation, such as the annual reports of services,
    prices, and competition in various communication industries.

2\. Information exempt from these guidelines includes information
limited to: public filings, subpoenas, or adjudicative processes;
non-scientific/non-statistical general, procedural, or organizational
information; information that is not initiated or sponsored by the
Commission; information that expresses personal opinions rather than
formal agency views; information for the primary use of federal
employees (inter- or intra-agency), contractors, or grantees; responses
to requests made under the Freedom of Information Act, the Privacy Act,
the Federal Advisory Committee Act, or similar laws; agency
correspondence; archival records; trade secrets, intellectual property,
confidential data or information; and non-routine or emergency public
safety information.

3\. For each information dissemination product covered by these
guidelines every Bureau or Office shall conduct a pre-dissemination
review using the standards below:

> a\. Quality will be demonstrated through the incorporation of a
> methodological section or appendix that describes, at a minimum, the
> design and methods used during the creation, collection, and
> processing of the data; the compilation and/or analysis of the data;
> and the pre-release review of the information dissemination product
> for clarity, completeness, accuracy, and reliability. For covered
> information dissemination products that contain analytic results, the
> FCC is committed to applying rigorous robustness checks and will
> document what checks were undertaken as part of the required
> methodological section or appendix.
>
> b\. Objectivity will be demonstrated by including in the information
> dissemination product's methodology section or appendix a discussion
> of other scientifically, financially, or statistically responsible and
> reliable alternative views and perspectives, if these alternative
> views or perspectives are not already noted in other sections of the
> information dissemination product.
>
> c\. Utility will be demonstrated by the responsible Bureau/Office
> incorporating into the methodology section or appendix examples of the
> use of the information dissemination product. These examples could
> include, but are not limited to, listing of the legislation requiring
> the information dissemination product or the specific request for the
> information dissemination product.
>
> d\. Integrity is demonstrated by the Commission's routine, day-to-day
> compliance across all operations and processes with relevant data
> protection and security sections of applicable statues and regulations
> and therefore does not have to be specifically addressed in
> information dissemination products covered by these guidelines.

IV. **The Complaint and Appeals Process**

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1.  [Filing a Complaint.]{.underline}

    a.  Except as provided in subsection (b) below, affected persons may
        seek timely correction of information dissemination products
        maintained and distributed by the Commission that do not comply
        with the Commission's or OMB's guidelines by providing the
        information identified at
        [www.fcc.gov/omd/dataquality](http://www.fcc.gov/omd/dataquality)[/complaint]{.underline},
        beginning October 1, 2002,. This information can be submitted
        electronically by clicking on the link found at the end of the
        page, or by printing a copy and mailing it to the Federal
        Communications Commission, 445 12^th^ Street, SW, Room 1-A807,
        Washington, DC 20554.

    b.  The procedures for filing and resolving complaints set forth in
        these guidelines, including the timetables set forth herein, do
        not apply to information disseminated in rulemaking proceedings.
        Affected persons seeking correction of information disseminated
        in the context of a rulemaking proceeding should raise concerns
        about the quality, objectivity, utility and integrity of the
        information in accordance with the procedures for public comment
        in the rulemaking process rather than the complaint process set
        forth in these guidelines. Because there are well-established
        procedural safeguards and rights to address the quality of
        factual allegations as part of the rulemaking process, and to
        provide persons with an opportunity to contest decisions, these
        guidelines do not impose any additional requirements on the
        Commission during rulemaking proceedings and do not provide
        parties to such rulemaking proceedings any additional rights of
        challenge or appeal. Commenters's concerns will be addressed, as
        appropriate, in the context of decisions in those proceedings.

2.  [Complaint Resolution]{.underline}.

    a.  A determination will be made within 45 days of receipt of the
        complaint on whether correction is warranted.

    b.  The decision on appropriate corrective action will be based upon
        the nature and timeliness of the information dissemination
        product involved and such factors as the significance of the
        correction on the use of the information dissemination product
        and the magnitude of the correction. Inconsequential, trivial,
        or frivolous complaints may require no response at all. If
        corrective action is warranted, the correction will occur within
        60 days of this notification to the complaining party.

    c.  If a correction is warranted, the appropriate Bureau or Office
        handling the complaint will respond to the complaint in a manner
        appropriate to the nature and extent of the complaint. Examples
        of appropriate responses include personal contacts via letter or
        telephone, form letters, errata notices, press releases, or mass
        mailings that correct a widely disseminated error or address a
        frequently raised complaint.

3.  [Right to Appeal.]{.underline}

If the person who requested correction does not agree with the initial
decision (including corrective action, if any), the person may file an
application for review by the Commission within 30 days of the date of
the notification of action on the complaint or the corrective action.
Applications for review must be submitted in writing to the Federal
Communications Commission, Office of Managing Director/Data Quality
Appeal, 445 12^th^ Street SW, Washington, DC 20554. E-mail copies of the
written appeal may be sent, beginning October 1, 2002, to
<DataQualityAppeal@fcc.gov>.

a.  The written appeal must include a copy of the original complaint and
    the response thereto, and an explanation of how the initial
    resolution of the complaint or the corrective action was contrary to
    the Commission's or OMB's information quality guidelines.

b.  Applications for review will be resolved within 120 days. The
    Commission, in appropriate cases, may deny an application for review
    without providing reasons.

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V.  **Reporting Requirements**

    1.  On an annual fiscal-year basis, the Commission shall submit a
        report to the Director of OMB providing information (both
        quantitative and qualitative, where appropriate) on the number
        and nature of complaints received regarding compliance with OMB
        guidelines, and how such complaints were resolved.

    2.  The report shall be submitted no later than January 1 of each
        following year.

    3.  The first report shall be submitted by January 1, 2004.

VI. **Effective Dates**

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1.  Pre-dissemination review under section III, above, shall apply to
    information dissemination products that the Commission disseminates
    on or after October 1, 2002, regardless of when the information was
    first disseminated.

2.  The administrative mechanisms noted in section IV shall apply only
    to information dissemination products that the Commission
    disseminates on or after October 1, 2002.

[^1]: [Guidelines for Ensuring and Maximizing the Quality, Objectivity,
    Utility, and Integrity of Information Disseminated by Federal
    Agencies]{.underline}, 66 FR 49718 (Sept. 28, 2001) (interim final
    guidelines), and 67 FR 369 (Jan. 3, 2002) (final guidelines),
    *corrected*, 67 FR 5365 (Feb. 5, 2002), *reprinted correcting
    errors,* 67 FR 8452 (Feb. 22, 2002) (collectively referred to as
    "[OMB Guidelines]{.underline}").

[^2]: [See]{.underline} [OMB Guidelines]{.underline}, 67 FR at 8259,
    *date extended* 67 FR 9797 (Mar. 4, 2002).

[^3]: [See]{.underline} [OMB Guidelines]{.underline}, 67 FR at 40755,
    *date extended* 67 FR at 21779 (June 13, 2002).

[^4]: [See]{.underline} [id.]{.underline}

[^5]: 67 FR at 21682 (May 1, 2002).

[^6]: http://www.fcc.gov/omd/dataquality/guidelines050102.html.

[^7]: [OMB Comments on Agency Proposed Information
    Collections]{.underline}, email correspondence from Jefferson B.
    Hill with attached memorandum from John D. Graham (June 10, 2002).

[^8]: Letter from 11 signatories comprising Citizens for Sensible
    Safeguards to Karen Wheeless (June 14, 2002); letter from Jim Tozzi,
    Center for Regulatory Effectiveness to Karen Wheeless (June 20,
    2002); and email correspondence from U.S. Chamber of Commerce
    Regulatory Affairs with attached letter from William Kovacs to Karen
    Wheeless (June 28, 2002).

[^9]: [See]{.underline} [OMB Guidelines]{.underline}, 67 FR at 8453-54,
    8459-60.

[^10]: [See]{.underline} [OMB Guideline]{.underline}s, 67 FR at 8458-59.

[^11]: [OMB Guidelines]{.underline}, 67 FR at 8459.

[^12]: [Id.]{.underline}

[^13]: [Id.]{.underline}

[^14]: [Id.]{.underline}.

[^15]: [Id.]{.underline}

[^16]: [OMB Guidelines]{.underline}, 67 FR at 8459.

[^17]: [See]{.underline} 47 U.S.C. § 405(a).