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 Federal  Communications  Commission  FCC  00-  365
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 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION
 Washington,  D.  C.  20554
 In  the  Matter  of  )
 )
 Amendment  of  Section  19.735-  203  )
 And  Addition  of  Section  0.458  )
 of  the  Commission's  Rules  Concerning  )
 Nonpublic  Information  )
 ORDER
 Adopted:  October  12,  2000  Released:  October  18,  2000
 By  the  Commission:  Commissioner  Furchtgott-  Roth  dissenting  and  issuing  a  statement;
 Commissioner  Powell  issuing  a  statement.
 1.  Recent  unauthorized  disclosures  of  nonpublic  internal  Commission  draft  orders  and
 documents  in  market-  sensitive  proceedings  prompt  us  to  adopt  this  order  to  amend  Section
 19.735-  203  of  our  rules,  47  C.  F.  R.    19.  735-  203.  Section  19.735-  203  currently  governs  the
 disclosure  and  misuse  by  Commission  personnel  of  nonpublic  information  that  is  contained  in
 Commission  records  or  obtained  in  connection  with  Commission  employment.  The  purpose  of
 the  amendment  is  to  emphasize  the  responsibilities  of  Commission  employees  in  this  area  and  to
 provide  guidance  to  persons  who  receive  nonpublic  documents  under  circumstances  where  it
 appears  that  the  release  of  the  documents  was  either  inadvertent  or  otherwise  unauthorized.
 2.  Currently,  Section  19.735-  203  prohibits  the  unauthorized  release  of  nonpublic
 information,  including  documents,  by  Commission  officials.  Specifically,  Section  19.735-  203(  a)
 states  that  [  e]  xcept  as  authorized  in  writing  by  the  Chairman  ,  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  nonpublic  information  clearly  includes  drafts  of
 Commission  orders,  memoranda  and  other  documents  (such  as  e-  mail)  containing  internal  staff
 recommendations.  See  5  C.  F.  R.    2635.  703  (  nonpublic  information  is  information  that    has
 not  been  made  available  to  the  general  public  including  documents  that  are  designated  as
 confidential  by  an  agency.).  We  take  this  opportunity  to  emphasize  that,  pursuant  to  Section
 19.735-  107  of  our  rules,  employees  that  disclose  such  documents  (or  their  contents)  are  subject  to
 significant  disciplinary  action  up  to  and  including  removal  for  cause,  in  addition  to  any  other
 penalty  prescribed  by  law.  See  47  C.  F.  R.    19.  735-  107.  Our  amendment  of  Section  19.735-  203
 cross-  references  this  rule  governing  the  Commissions  disciplinary  and  remedial  authority,  which
 is  reprinted  in  its  entirety  in  Appendix  B  to  this  Order  for  easy  reference.
 3.  Our  rules  prohibiting  the  disclosure  of  nonpublic  information  serve  to  protect  the
 integrity  of  the  Commissions  deliberative  processes.  Disclosure  by  Commission  staff  of  draft
 orders,  internal  confidential  memoranda  and  nonpublic  information  violates  these  rules,  and  we
 will  vigorously  investigate  and  address  violations  of  these  rules  by  Commission  personnel.
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 4.  While  our  existing  rules  and  our  guidance  in  this  order  make  clear  our  commitment  to
 ensure  that  Commission  personnel  do  not  disclose  nonpublic  documents,  the  existing  rules  do  not
 address  the  steps  that  are  to  be  taken  by  persons  regulated  by  or  practicing  before  the  Commission
 who  receive  such  documents.  The  revision  to  Section  19.735-  203  adds  language  requiring  such
 persons  who  come  into  possession  of  written  nonpublic  information  (including  written  material
 transmitted  in  electronic  form),  the  release  of  which  they  know  or  reasonably  should  know  was
 either  inadvertent  or  otherwise  unauthorized,  to  promptly  return  such  written  nonpublic
 information  to  the  Commissions  Office  of  the  Inspector  General,  without  further  distribution  or
 use  of  the  material.
 5.  Persons  regulated  by  or  practicing  before  the  FCC  may  be  subject  to  appropriate
 sanctions  for  willful  violation  of  this  section.  In  the  case  of  attorneys  practicing  before  the
 Commission  such  sanctions  may  include  disciplinary  action  under  the  provisions  of    1.24  of  the
 Commissions  rules.  (Cf.,  D.  C.  Rules  of  Professional  Conduct,  Rule  1.15  and  Opinion  no.  256,
 adopted  May  16,  1995.  See  also:  ABA  Formal  Opinion  92-  368,  Nov.  10,  1992;  Florida  Bar  Op.
 93-  3,  Feb.  1,  1994;  and  Oregon  Bar  Formal  Op.  No.  1998-  150,  approved  Apr.  1998).  Section
 1.  24  of  our  rules  is  reprinted  in  its  entirety  in  Appendix  B  to  this  Order  for  easy  reference.
 6.  The  revision  also  adds  a  cross  reference  to  Section  19.735-  203  in  a  new  section  0.458
 of  the  Commissions  rules,  47  C.  F.  R.    0.  458.  New  Section  0.  458  is  within  the  Commissions
 Part  zero  rules  dealing  with  public  and  nonpublic  information.
 7.  The  requirements  set  forth  in  5  U.  S.  C.    553(  b)  and  (d)  pertaining  to  notice  and
 comment  and  the  effective  date  in  rulemaking  proceedings  do  not  apply  to  this  amendment
 because  it  concerns  matters  of  agency  organization,  procedure  or  practice.  See  5  U.  S.  C.
 553(  b)(  A);  553(  d).
 8.  Accordingly,  IT  IS  ORDERED  that  effective  thirty  days  following  the  publication  of
 this  item  in  the  Federal  Register,  Parts  0  and  19  of  the  Commission's  rules,  47  C.  F.  R.  Part  19,
 ARE  AMENDED  as  set  forth  in  the  Appendix.  Authority  for  such  action  is  found  in  Sections
 4(  i),  4(  j),  and  303(  r)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),
 154(  j),  and  303(  r).
 FEDERAL  COMMUNICATIONS  COMMISSION
 Magalie  Roman  Salas
 Secretary
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 APPENDIX  A
 Section  19.735-  203  of  Part  19  of  Chapter  1  of  Title  47  of  the  Code  of  Federal  Regulations  is
 amended  as  follows:
 1.  A  new  (d),  is  added  after  paragraph  (c),  and  shall  read  as  follows:
   19.735-  203  Nonpublic  Information
 (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)  under  circumstances  where  it  appears  that
 its  release  was  inadvertent  or  otherwise  unauthorized  shall  promptly  return  the  written
 information  to  the  Commissions  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  Commissions  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    1.24.
 2.  The  following  sentence  is  added  after  the  first  sentence  of  the  note  following  paragraph  (d):
 Additionally,  employees  should  refer  to    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.
 A  new  Section  0.458  of  Part  0  of  Chapter  1  of  Title  47  of  the  Code  of  Federal  Regulations  is
 added  as  follows:
   0.458  Nonpublic  Information
 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  Section  19.735-  203(  a)  of  this  chapter  under  circumstances  where  it
 appears  that  its  release  was  inadvertent  or  otherwise  unauthorized  shall  be  obligated  to
 return  the  information  to  the  Commissions  Office  of  Inspector  General  pursuant  to  that
 section.  See  47  C.  F.  R.    19.  735-  203.
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 APPENDIX  B
 47  C.  F.  R.    19.  735-  203  Nonpublic  information,  as  amended
 (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  Commission  meeting
 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)  under  circumstances  where  it  appears  that  its  release  was  inadvertent
 or  otherwise  unauthorized  shall  promptly  return  the  written  information  to  the  Commissions
 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  Commissions  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    1.24.
 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    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.
 47  CFR    19.735-  107  Disciplinary  and  other  remedial  action.
 (a)  A  violation  of  the  regulations  in  this  part  by  an  employee  may  be  cause  for
 appropriate  disciplinary  action  which  may  be  in  addition  to  any  penalty  prescribed  by  law.
 (b)  The  Chairman  will  designate  an  officer  or  employee  of  the  Commission  who  will
 promptly  investigate  all  incidents  or  situations  in  which  it  appears  that  employees  may  have
 engaged  in  improper  conduct.  Such  investigation  will  be  initiated  in  all  cases  where  complaints
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 are  brought  to  the  attention  of  the  Chairman,  including:  Adverse  comment  appearing  in
 publications;  complaints  from  members  of  Congress,  private  citizens,  organizations,  other
 Government  employees  or  agencies;  and  formal  complaints  referred  to  the  Chairman  by  the
 Designated  Agency  Ethics  Official.
 (c)  The  Inspector  General  will  be  promptly  notified  of  all  complaints  or  allegations  of
 employee  misconduct.  The  Inspector  General  will  also  be  notified  of  the  planned  initiation  of  an
 investigation  under  this  part.  Such  notification  shall  occur  prior  to  the  initiation  of  the
 investigation  required  by  paragraph  (a)  of  this  section.  The  Inspector  General  may  choose  to
 conduct  the  investigation  in  accordance  with  the  rules  in  this  part.  Should  the  Inspector  General
 choose  to  conduct  the  investigation,  he  will  promptly  notify  the  Chairman.  In  such  case,  the
 Inspector  General  will  serve  as  the  designated  officer  and  be  solely  responsible  for  the
 investigation.  In  carrying  out  this  function,  the  Inspector  General  may  obtain  investigative
 services  from  other  Commission  offices,  other  governmental  agencies  or  non  governmental
 sources  and  use  any  other  means  available  to  him  in  accordance  with  Public  Law  100-  504  or  the
 Inspector  General  Act  of  1978,  as  amended,  5  U.  S.  C.  Appendix.  The  Inspector  General  will  be
 provided  with  the  results  of  all  investigations  in  which  he  chooses  not  to  participate.
 (d)  The  employee  concerned  shall  be  provided  an  opportunity  to  explain  the  alleged
 misconduct.  When,  after  consideration  of  the  employee's  explanation,  the  Chairman  decides  that
 remedial  action  is  required,  he  shall  take  remedial  action.  Remedial  action  may  include,  but  is  not
 limited  to:
 (1)  Changes  in  assigned  duties;
 (2)  Divestiture  by  the  employee  of  his  conflicting  interest;
 (3)  Action  under  the  Commission's  Ethics  Program  resulting  in  one  of  the  following
 actions:
 (i)  When  investigation  reveals  that  the  charges  are  groundless,  the  person  designated  by
 the  Chairman  to  assist  in  administration  of  the  program  may  give  a  letter  of  clearance  to  the
 employee  concerned,  and  the  case  will  not  be  recorded  in  his  Official  Personnel  Folder;
 (ii)  If,  after  investigation,  the  case  investigator  deems  the  act  to  be  merely  a  minor
 indiscretion,  he  may  resolve  the  situation  by  discussing  it  with  the  employee.  The  case  will  not  be
 recorded  in  the  employee's  Official  Personnel  Folder;
 (iii)  If  the  case  administrator  considers  the  problem  to  be  of  sufficient  importance,  he
 may  call  it  to  the  attention  of  the  Chairman,  who  in  turn  may  notify  the  employee  of  the
 seriousness  of  his  act  and  warn  him  of  the  consequences  of  a  repetition.  The  case  will  not  be
 recorded  in  the  employee's  Official  Personnel  Folder,  unless  the  employee  requests  it;
 (iv)  The  Chairman  may,  when  in  his  opinion  circumstances  warrant,  establish  a
 special  review  board  to  investigate  the  facts  in  a  case  and  to  make  a  full  report  thereon,  including
 recommended  action;  or
 (v)(  A)  If  the  Chairman  decides  that  formal  disciplinary  action  should  be  taken,  he  may
 prepare  for  Commission  consideration  a  statement  of  facts  and  recommend  one  of  the  following:
 (1)  Written  reprimand.  A  formal  letter  containing  a  complete  statement  of  the  offense  and
 official  censure;
 (2)  Suspension.  A  temporary  non  pay  status  and  suspension  from  duty;  or
 (3)  Removal  for  cause.  Separation  for  cause  in  case  of  a  serious  offense.
 (B)  Only  after  a  majority  of  the  Commission  approves  formal  disciplinary  action  will  any
 record  resulting  from  the  administration  of  this  program  be  placed  in  the  employee's  Official
 Personnel  Folder;  or
 (4)  Disqualification  for  a  particular  assignment.
 (e)  Remedial  action,  whether  disciplinary  or  otherwise,  shall  be  effected  in  accordance
 with  any  applicable  laws,  Executive  orders,  and  regulations.
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 47  CFR    1.24  Censure,  suspension,  or  disbarment  of  attorneys.
 (a)  The  Commission  may  censure,  suspend,  or  disbar  any  person  who  has  practiced,  is
 practicing  or  holding  himself  out  as  entitled  to  practice  before  it  if  it  finds  that  such  person:
 (1)  Does  not  possess  the  qualifications  required  by    1.23;
 (2)  Has  failed  to  conform  to  standards  of  ethical  conduct  required  of  practitioners  at  the
 bar  of  any  court  of  which  he  is  a  member;
 (3)  Is  lacking  in  character  or  professional  integrity;  and/  or
 (4)  Displays  toward  the  Commission  or  any  of  its  hearing  officers  conduct  which,  if
 displayed  toward  any  court  of  the  United  States  or  any  of  its  Territories  or  the  District  of
 Columbia,  would  be  cause  for  censure,  suspension,  or  disbarment.
 (b)  Except  as  provided  in  paragraph  (c)  of  this  section,  before  any  member  of  the  bar  of
 the  Commission  shall  be  censured,  suspended,  or  disbarred,  charges  shall  be  preferred  by  the
 Commission  against  such  practitioner,  and  he  or  she  shall  be  afforded  an  opportunity  to  be  heard
 thereon.
 (c)  Upon  receipt  of  official  notice  from  any  authority  having  power  to  suspend  or  disbar
 an  attorney  in  the  practice  of  law  within  any  state,  territory,  or  the  District  of  Columbia  which
 demonstrates  that  an  attorney  practicing  before  the  Commission  is  subject  to  an  order  of  final
 suspension  (not  merely  temporary  suspension  pending  further  action)  or  disbarment  by  such
 authority,  the  Commission  may,  without  any  preliminary  hearing,  enter  an  order  temporarily
 suspending  the  attorney  from  practice  before  it  pending  final  disposition  of  a  disciplinary
 proceeding  brought  pursuant  to    1.  24(  a)(  2),  which  shall  afford  such  attorney  an  opportunity  to  be
 heard  and  directing  the  attorney  to  show  cause  within  thirty  days  from  the  date  of  said  order  why
 identical  discipline  should  not  be  imposed  against  such  attorney  by  the  Commission.
 (d)  Allegations  of  attorney  misconduct  in  Commission  proceedings  shall  be
 referred  under  seal  to  the  Office  of  General  Counsel.  Pending  action  by  the  General  Counsel,  the
 decision  maker  may  proceed  with  the  merits  of  the  matter  but  in  its  decision  may  make  findings
 concerning  the  attorney's  conduct  only  if  necessary  to  resolve  questions  concerning  an  applicant
 and  may  not  reach  any  conclusions  regarding  the  ethical  ramifications  of  the  attorney's  conduct.
 The  General  Counsel  will  determine  if  the  allegations  are  substantial,  and,  if  so,  shall
 immediately  notify  the  attorney  and  direct  him  or  her  to  respond  to  the  allegations.  No  notice  will
 be  provided  to  other  parties  to  the  proceeding.  The  General  Counsel  will  then  determine  what
 further  measures  are  necessary  to  protect  the  integrity  of  the  Commission's  administrative
 process,  including  but  not  limited  to  one  or  more  of  the  following:
 (1)  Recommending  to  the  Commission  the  institution  of  a  proceeding  under  paragraph  (a)
 of  this  section;
 (2)  Referring  the  matter  to  the  appropriate  State,  territorial,  or  District  of  Columbia  bar;
 or
 (3)  Consulting  with  the  Department  of  Justice.
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 DISSENTING  STATEMENT  OF  COMMISSIONER  HAROLD  W.  FURCHTGOTT-  ROTH
 In  the  Matter  of  Amendment  of  Section  19.735-  203  of  the  Commissions  Rules  Concerning  Nonpublic  Information
 The  problem  with  the  disclosure  of  non-  public  information    i.  e.,  leaks  --  at  this
 Commission  is  a  cultural,  not  a  regulatory,  one.  We  already  have  on  our  books  a  clear
 proscription  against  the  non-  authorized  disclosure  of,  among  other  things,  the  content  of  agenda
 items  or  actions  taken  by  the  Commission  on  circulation.  See  47  C.  F.  R.  section  19.735-  203(  a).
 Rather  than  burdening  the  communications  industry  and  bar  with  yet  another  layer  of  regulation,
 the  Commission  should  first  enforce  the  existing  rule.  After  all,  leaks  spring  from  the  inside,  not
 the  outside,  of  this  building.
 Admittedly,  it  may  be  difficult  to  discern  who  is  ultimately  responsible  for  a  given  leak.
 But  that  just  points  up  the  fact  that,  in  the  end,  we  must  rely  upon  the  integrity  of  those  who  work
 at  the  Commission,  and  upon  the  leadership  of  those  who  head  it,  to  ensure  respectful  observance
 of  the  non-  disclosure  rule.  Unfortunately,  the  Commission  in  this  item  deflects  from  itself  any
 responsibility  for  the  many  recent  high-  profile  leaks  that  prompted  todays  action,  instead
 reacting  to  those  events  by  adopting  new  rules  to  govern  the  conduct  of  others.  For  these  reasons,
 I  respectfully  dissent.
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 SEPARATE  STATEMENT  OF  COMMISSIONER  MICHAEL  K.  POWELL
 In  the  Matter  of  Amendment  of  Section  19.735-  203  of  the  Commission's  Rules  Concerning  Nonpublic  Information  Order
 This  Order  would  seem  to  help  curtail  the  flood  of  document  leaks  out  of  this
 Commission,  but  no  rule  change  will  have  any  effect  on  this  endemic  problem  unless  we
 vigorously  enforce  our  own  internal  rules  and  tighten  our  document  handling  procedures.
 The  regular  pattern  of  leaks  of  pre-  decisional  written  material  is  intolerable.  They
 damage  the  deliberative  prerogatives  of  the  individual  Commissioners  and  impair  the  integrity  of
 the  entire  agency.  This  brief  Order  is  part  of  the  solution  and  I  support  it.  This  rule  change
 imposes  responsibilities  on  certain  outside  parties  to  help  the  FCCs  Inspector  General
 appropriately  retrieve  written  materials  that  are  leaked.  And,  the  new  rule  subjects  such  outside
 parties  to  possible  disciplinary  action.  This  step  could  help  prevent  a  wider  dissemination  of  our
 pre-  decisional  documents  after  they  have  left  the  premises,  but  I  have  to  admit  that  the  change
 does  little  to  plug  the  dike  in  the  first  place.
 We  need  stronger  enforcement  of  our  current  rules,  including  a  zero  tolerance  policy  for
 all  leaks.  Outside  parties  including  the  press  which  are  correctly  excluded  from  this  new  rule
 who  entice  our  valuable  employees  to  leak  non-  public  information  should  be  on  notice  as  to  the
 peril  in  which  they  are  placing  their  moles.  Likewise,  our  employees  must  be  well  informed
 and  educated  about  their  responsibilities  and  their  fate  should  they  disclose  non-  public
 information  without  proper  authorization.  This  item  notifies  everyone  inside  and  outside  the
 Commission  of  the  possible  consequences.  I  would  also  suggest  that,  to  the  extent  that  there  is
 evidence  that  outside  parties  are  obtaining  non-  public  materials  by  other  means  not  involving
 FCC  employees  directly  or  knowingly,  appropriate  law  enforcement  officials  should  be  called  in
 immediately.
 But,  it  will  also  take  more  than  disciplinary  actions  or  threat  of  such  actions  against
 persons  inside  and  outside  of  the  Commission.  I  agree  with  Commissioner  Furchtgott-  Roth  that  it
 will  take  a  change  in  the  culture  that  has  come  now  to  expect  such  unauthorized  disclosures  as  the
 way  things  are  done.
 I,  therefore,  not  only  support  the  rule  changes  in  this  Order,  but  I  have  joined  the
 Chairman  and  my  colleagues  in  requesting  the  Inspector  General  and  the  Managing  Director
 closely  and  expeditiously  examine  the  Commissions  internal  management  of  nonpublic
 information.  I  plan  to  personally  and  substantially  involve  myself  in  this  task.  We  need  strong
 enforcement,  disciplinary  action  and  preventative  measures  to  make  any  headway  toward  shifting
 expectations  and  the  culture  of  the  handling  of  non-  public  deliberative  materials  and  information.
 To  paraphrase  Donny  Osmond,  one  bad  apple  should  not  spoil  the  whole  bunch.  We
 have  got  a  great  group  of  employees  who  are  very  loyal  and  dedicated  to  this  agency  and  I  am  not
 placing  blame  at  any  level.  This  is  an  institutional  problem  that  needs  fixing  and  we  need  the
 help  of  all  parties  both  inside  and  outside  the  agency.
 -  FCC  -
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