I. Statement of the Petitioner

“Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 553(e), the Communications Act of 1934, 47 U.S.C. § 154(i), and Federal Communications Commission (FCC) regulations, 47 C.F.R. § 1.401, the New Civil Liberties Alliance (NCLA) hereby petitions the FCC to initiate a rulemaking process to promulgate regulations prohibiting any FCC component from issuing, relying on, or defending improper agency guidance (the “Petition for Rulemaking”). The proposed rule would formalize and make more permanent policies and best practices from other agencies concerning any agency guidance that improperly attempts to create rights or obligations binding on persons or entities outside the FCC. Additionally, the proposed rule would provide affected parties with a means of redress for improper agency action.”

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