From the link I posted, and from the Q&A available to anyone who cares:
It is
not normal for the FCC to release a
draft order before it's voted on. The supposed "blackout" is just a Republican shouting point.
We should be getting it soon.
Tom Wheeler said at the after-vote Press Q&A that they,
- Must get dissents in from the two dissenting commissioners
- They'll have to look at them, There's a Court opinion that requires the majority to be responsive to the dissents.
- Then they will publish on the web and file with the Federal Register for publication.
More detail was given later by Jon Sallet,
Q: Jim Puzzanghera of the L.A. Times;
"I wanna try again on some amount of specificity to when the order might be public. Of course, until it's public, it
is a secret plan, just in terms of dictionary definition. How long would it typically take for an order of this length to be made public?"
A: Jon Sallet, FCC General Council;
"It's not a secret plan, Jim. It's a part of a process.
The process began with a public notice of proposed rulemaking,
a
lengthy process of obtaining public comment,
the
normal process of deliberation,
now we're going to go into the normal process by which commissioners issue, for example dissents, and the commission, for example, responds to those dissents.
And I want to explain that last piece...
For example, a recent DC Circuit opinion said that it was an obligation of a regulatory commission to engage in the arguments that were presented to it
including the statements of any dissenting commissioners.
So we will work, as I said, as quickly as possible. It's not possible to give an average here or at least it's not possible for
me to give an average. But our goal is to get the process moving forward so that the whole order can be released, with of course all commissioner statements; it can be sent to the Federal Register, published in the Federal Register and then these rules will become effective 60 days after that publication."
Follow up Q:
"Do the lengths of the dissent, does that factor in here? The longer the dissent does [*] that more than you need to respond to?"
A:
"It's not a question of the length of the dissents. It's a question of this... and let me read from the DC Circuit opinion to which I earlier referred,
This is the DC Circuit saying, and I'm eliminating internal quotemarks and citations, 'It most emphatically remains the duty of
this court to ensure that an agency engage the arguments raised before it, including the arguments of the agency's dissenting commissioners.'
We will do that as quickly as we can."
[*] I think there was a me/him/or CSPAN glitch
It should be noted that the commissioners also voted for "Editorial Privilege". Which means that they can go back over the Order and clean up any typos, footnotes, references, attributions, etc. Basically spit-and-polishing the, up until now,
draft document. That does not mean they can go back and make fundamental material changes.
That may or may not add time to it's release. *
shrug*