19981016v1.docx

DECISION MEMORANDUM
TO:COMMISSIONER HANSEN
COMMISSIONER NELSON
COMMISSIONER SMITH
MYRNA WALTERS
TONYA CLARK
RITA SCOTT
BILL EASTLAKE
JOE CUSICK
BEV BARKER
DAVID SCOTT
ED HOWELL
FROM:DON HOWELL
DATE:OCTOBER 16, 1998
RE:REQUEST TO REPRODUCE THE COMMISSION’S HOME PAGE, FORMS AND REGULATIONS
In a letter dated September 24, 1998 (attached), Michael W. Mlinar wrote to Governor Batt seeking permission to reproduce state agency documents.  In particular, he sought the Governor’s approval to reproduce statutes, forms, orders, regulations, and web pages dealing with  the area of telecommunications.  I am unaware of whether the Governor has forwarded Mr. Mlinar’s request to the Commission but I received a copy of the Code Commission’s reply to Mr. Mlinar.  My inquiry to the Governor’s Office has gone unanswered.
In his letter to the Governor, he indicated that he is compiling information regarding the regulation of telecommunications from all the states so he can publish the “Complete Telecom Regulatory Compliance Encyclopedia.”  Then the encyclopedia will be published and presumably offered for sale.
The Commission’s home page or website is publicly available via the Internet and has not been copyrighted.  The home page is also linked to other websites which contains statutes, regulations, forms, etc.  Of course, the purpose of the home page was to provide information to members of the public.
If you concur, I propose to send him the attached letter advising him that the “electronic documents” consisting of the Commission’s home page and other documents is available for public inspection and review under the Public Records Act.  However, I would caution him that data either contained in the home page or on other sites linked  to the home page periodically undergo revisions.  The Commission gives no warranty as to the correctness of any particular electronic document.  Mr. Mlinar and users of his encyclopedia should be cautioned that the documents are electronic facsimiles of original documents and the facsimiles may differ in some ways from the actual documents themselves.
Commission Decision
Does the Commission concur in forwarding the attached letter to Mr. Mlinar?

Don Howell
vld/M:request.dh