The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the commission is the United States' primary authority for communications law, regulation and technological innovation. In its work facing economic opportunities and challenges associated with rapidly evolving advances in global communications, the agency capitalizes on its competencies in: Show
LeadershipThe agency is directed by five commissioners who are appointed by the President of the United States and confirmed by the U.S. Senate. The president also selects one of the commissioners to serve as chairman. Only three commissioners can be of the same political party at any given time and none can have a financial interest in any commission-related business. All commissioners, including the chairman, have five-year terms, except when filling an unexpired term. OrganizationThe commission is organized into bureaus and offices, based on function (see also Organizational Charts of the FCC). Bureau and office staff members regularly share expertise to cooperatively fulfill responsibilities such as:
Rules and RulemakingsThe FCC's rules and regulations are in Title 47 of the Code of Federal Regulations (CFR), which are published and maintained by the Government Printing Office. Title 47 Rules & Regulations are also available on the web in a searchable format. Most FCC rules are adopted by a process known as "notice and comment" rulemaking. Under that process, the FCC gives the public notice that it is considering adopting or modifying rules on a particular subject and seeks the public's comment. The Commission considers the comments received in developing final rules. For more information, check out our online summary of the Rulemaking Process at the FCC. Advisory CommitteesIn 1972 Congress passed the Federal Advisory Committee Act to ensure that advice by advisory committees is objective and accessible to the public. The Act put in place a process for establishing, operating, overseeing, and terminating these committees that provide valuable input from consumer groups, industry stakeholders, public safety officials and other interested parties.
Role and functioning of the CCFWhat is the role of the CCF? The CCF:
What is the legal basis for the applicable rules on data protection of INTERPOL?
What are the main principles in INTERPOL’s rules that are applicable to the CCF? The main principles set out in INTERPOL’s rules are the following:
What are the limits of the CCF’s mandate? Neither the CCF nor INTERPOL should in any way:
In addition, the CCF will not process a request in the following cases:
Who can be a member of the CCF? The CCF comprises seven members appointed for a five-year term, renewable once for an additional term of three years. Members are appointed because of their expertise, and in such a way as to allow the CCF to carry out its mission completely independently. They are generally lawyers with experience and/or expertise in the following fields:
How does the Commission ensure the independence and impartiality of its members? The Commission adopted new operating rules when its Statute entered into force in March 2017. These included specific rules aimed at reinforcing/guaranteeing the respect of the independence and impartiality of the Commission and its members, as required by Articles 4, 11 and 12 of its Statute. Rules 1 and 2 of the CCF Operating Rules provide details on incompatible activities and withdrawal of members, in case of a real or perceived, direct or indirect conflict of interest with respect to the case concerned. In particular, the sole fact that a member of the Requests Chamber is a national of the country source of the data challenged by an applicant automatically results in the withdrawal of this member (Rule 2.1(d)). In order to further ensure/guarantee that the member concerned will not take part in any way in the case concerned, he shall not be present during discussions and deliberations of the case and shall not have access to documents concerning the case (Rule 2.2(b)). This information is regularly brought to the applicant’s attention when applicable. As an additional measure, before taking up office, all CCF members must sign a solemn declaration stating that they will exercise their functions honourably, independently and impartially (Rule 3.1). To reinforce the binding character of these measures and provide additional guarantees of independence and impartiality, the Commission amended its Operating rules on 1 February 2019. In particular, it added to Rule 1 on “incompatible activities” the fact that CCF members shall take all necessary measures to ensure that they do not have, or are not seen by a reasonable observer as having, a conflict of interest (Rule 1.2) and that they shall not participate in INTERPOL’s official meetings and/or conference as delegates appointed by their countries (Rule 1.3). General inquiries on requestsHow much does it cost to request access to or challenge information in INTERPOL’s files? The Commission does not collect any fee as part of its activities concerning the processing of requests to access or challenge information in INTERPOL’s files. How confidential is my request? Anyone may request access to the Organization's files without fear of his/her request being used for the purposes of international police and judicial cooperation. The Commission's files are confidential and requests are not recorded in the INTERPOL Information System. The Commission may nevertheless need to communicate some information to the INTERPOL General Secretariat or the National Central Bureaus in order to obtain information which is necessary for the processing of a request. However, any item of information specifically identified by the applicant as confidential will not be communicated. This may be detrimental to the applicant, as it can restrict the Commission’s ability to fully process a request. Will my request be recorded in INTERPOL’s files? No. However, the existence of a request currently under study by the Commission may be indicated to that person’s files (where a person is subject to data in INTERPOL), but without any communication of its content. Can I meet with the CCF? The CCF does not generally meet applicants or their duly appointed agents or legal representatives other than in exceptional circumstances if, after examining the case, it considers this necessary. Procedures followed by the CCFWhen is a request to access or challenge information in INTERPOL’s files admissible? A request for access or correction/deletion is admissible if:
How is my request analyzed once it is considered to be admissible? Each request received is examined in detail by the CCF Secretariat, which determines its admissibility according to the procedure listed above. A detailed assessment of the request is then performed according to the Organization’s rules. This will often involve gathering more information from the applicant, the source of information, and open source research. A summary of the case is then submitted to the Commission during one of its sessions for discussion and a decision. For more information on this question, please consult the detailed Guidelines for applicants to the Commission. Who may the CCF consult regarding requests? In order to obtain further information needed to determine if information registered in INTERPOL’s files has been processed in compliance with INTERPOL’s rules, the CCF may consult the source of the information (generally an INTERPOL National Central Bureau), the applicant, and the INTERPOL General Secretariat. It can also conduct open source searches on its own initiative, as well as consult any other entity or expert in relation to the matter. How is Article 3 of INTERPOL’s Constitution evaluated? Article 3 of INTERPOL’s Constitution states: “It is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.” Requests containing arguments based on Article 3 are evaluated on a case-by-case basis, by reviewing different elements including, but not limited to:
More information is available in the Repository of Practice on Article 3 of INTERPOL’s Constitution. What information is examined to conduct a predominance test? All relevant information is examined, including the following non-exhaustive list:
What kind of communication should I expect from the CCF after I submit my request? The general procedure regarding CCF communications with individuals filing requests systematically includes:
Other CCF communications that may be sent, depending on the nature of the request, include:
How long does it take before the CCF gives its decision? In accordance with its Statute, the CCF shall decide on a request for access within four months of the date when the request became admissible. Requests for correction and/or deletion shall be decided within nine months after becoming admissible. If the request concerns an application for correction or deletion, the INTERPOL General Secretariat has one month to comment on the conclusions of the CCF. When its decision becomes final, the CCF notifies the applicant within one month. Applicants should therefore wait at least three months after the date of the session that examined the request before enquiring on the outcome of the request. Does the CCF publish its decisions or communicate with the media? The CCF produces an annual report, which is published on INTERPOL’s website. It is also free to make public statements. The CCF does not publish decisions that contain personal information, nor does it systematically publish all of its decisions. It can publish excerpts of anonymized decisions which raise issues that could be of use to the general public, to understand the working methods of the Commission and to provide a better understanding of the assessment of INTERPOL’s rules made by the Commission. These decisions are available in the Sessions and reports page. Is it possible to appeal a CCF decision? Applications for revision of a request by the CCF may only be made by the applicant when it is based on the discovery of a fact which would probably have led to a different conclusion if that fact had been known at the time the request was processed. In order to be considered, applications for revision shall be made within six months after the discovery of the fact which could have led the Commission to take a different decision, and include a brief statement of facts concerning the requested revision, including the newly discovered facts or developments that, if presented at the time of the study of the case, could have led the Commission to take a different decision (as per art. 42 of the CCF Statute). A Revision form is available in the How to submit a request page. |