Definition of Meetings. OCCA contends that the definition of the term ‘‘meeting’’ proposed in section 535.704(b) would increase the number of minutes filings and impose a significant burden on carriers by eliminating ‘‘authority to take final action’’ as a precondition to the minutes requirements and by including discussions among as few as two parties within the meaning of the term. OCCA at 21. PONL raises a number of questions on what constitutes a meeting under the Commission’s proposed definition. PONL at 2. As such, PONL recommends that the Commission clarify the definition of a meeting for it to be meaningful, enforceable, and one to which carriers can adhere. Id. Specifically, PONL suggests that the Commission make clear that informal discussions outside the context of an agreement, especially when the representatives do not have responsibilities relating to the agreement, should not be included in the minutes requirements. Id. The Commission believes that the definition in proposed section 535.704(b) clearly conveys the meaning and intent of the term ‘‘meeting,’’ and has adopted this definition in the Final Rule without any further revision.29 In the NPR, we explained that: [T]he current definition of ‘‘meeting’’ is ambiguous and causes confusion over which meetings or discussions held under an agreement are subject to the requirement to file minutes with the Commission. Further, differing interpretations of the regulations have resulted in minutes of meetings not being filed when such meetings covered substantive issues. Questions have arisen over whether the minutes filing requirement is based on the level of authority of the participants at a given meeting (i.e., carrier representatives, committees, and subcommittees authorized to take final action on behalf of the agreement, even if the discussions did not result in ‘‘final’’ decisions), or on whether ‘‘final action’’ was taken. 68 FR 67531, December 2, 2003. Accordingly, the Commission finds the current ‘‘final action’’ concept for meetings to be unworkable because of the persistently inadequate information we have received in agreement minutes. The definition in the Final Rule corrects this deficiency to ensure that the Commission receives sufficient information on the substantive issues discussed among parties to agreements subject to the minutes requirements, as such discussions relate to the business of the agreement. Where informal discussions occur among three or more parties pertaining to the business of the a...
