The FCC has announced that they're planning to make some new rules around suspensions and debarments at their next meeting. Oh, goody, more rules. These rules are in response to a Notice of Proposed Rulemaking (NPRM) that was released late in 2019.
I generally like the new rules. Mostly, they're just changing the rules to follow the OMB guidelines. And creating a Suspension and Disbarment Officer (SDO) who would be responsible for dishing out suspensions and debarments. The SDO would have more flexibility in dealing out consequences than the FCC has currently. They're also making some common-sense changes like allowing debarments when there is sufficient evidence of wrongdoing, rather than having to wait for criminal convictions.
The order also has an NPRM. Ugh, the first proposed rule is to put a new certification on one of the forms, demanding applicants certify that they have read this Report and Order and complied with the rules. As the FCC points out, applicants are already required to certify that they are in compliance with program rules. And the rules in this Order are not actions that applicants have to take; it's all stuff that will happen to them if they commit fraud. So out of all the rules in the program, why make us double-certify on this Order? Also, if you want applicants to follow all the rules, create a rulebook. As I've said before, aside from the obvious benefit of making it easier for applicants to access program rules, the creation of a rulebook would: 1) show just how massive and complex the rules are for this program; and 2) show how quickly the rules shift in this program.
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