Should the Commission adopt a proposed regulation expressly defining the term “doing business in the jurisdiction?
” Neither the Act nor its regulations expressly define the term “doing business in the jurisdiction.” In Re Baty and subsequent advice letters have provided guidance which has been helpful in analyzing requests for advice involving traditional types of business activities such as distribution and manufacturing. However, more recently, the Commission has begun to receive requests for advice which involve practices associated with the technology industries. In effect, such requests have identified possible competing interpretations of “doing business in the jurisdiction” and signal the likelihood that the Commission and the regulated community alike increasingly may be confronted with questions involving relatively new business practices. Staff Recommendation: For purposes of clarity and consistency, staff recommends the formal adoption of an express definition for this term. Decision 2: If the Commission decides to expressly define “doing business in the jurisdiction,” should the defini
