[Federal Register Volume 60, Number 131 (Monday, July 10, 1995)]
[Rules and Regulations]
[Pages 35503-35507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16200]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 95-213]
Changes in the Delegated Authority of Various Bureaus
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Order amends Part 0 of the Commission's rules to reflect
the establishment of the Wireless Telecommunications Bureau (WTB) and
changes to the delegated authority of the various Bureaus. Changes to
Part 0 include authority delegated to the WTB. Common Carrier Bureau
(CCB) and International Bureau (IB) to resolve common carrier
forfeiture proceedings involving $80,000 or less and authority
delegated to the WTB, IB, Mass Media Bureau and Cable Services Bureau
to issue subpoenas. A conforming edit is also made to the Compliance
and Information Bureau's subpoena power. This Order is intended to
create a more effective organization in which to consolidate and
administer the Commission's policies.
EFFECTIVE DATE: July 10, 1995.
FOR FURTHER INFORMATION CONTACT: Kathleen O'Brien Ham, Wireless
Telecommunications Bureau, (202) 418-0660.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
adopted May 30, 1995 and released June 9, 1995. The full text of
Commission decisions are available for inspection and copying during
normal business hours in the FCC Docket Branch (Room 230), 1919 M
Street, NW., Washington, DC. The complete text of this decision may
also be purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 2100 M Street, NW.,
Washington, DC 20037.
Synopsis of the Order
1. In order to create an effective organization in which to
consolidate and administer the Commission's policies, programs and
rules governing domestic wireless telecommunications, the Commission
recently established the new Wireless Telecommunications Bureau.
Specifically, the Commission merged the Private Radio Bureau and a
portion of the Common Carrier Bureau to create the Wireless
Telecommunications Bureau. The rule amendments contained in this Order
make changes to Part 0 of the
[[Page 35504]]
Commission's Rules to reflect the creation of the new Bureau, describe
its functions, and explain the extent and nature of the authority
delegated by the Commission to the Chief of the Wireless
Telecommunications Bureau. In addition to any new functions or
authority delegated below, the Wireless Telecommunications Bureau
assumes the functions and delegated authority that had been granted to
the Private Radio Bureau as set forth below. Also, certain functions
and delegated authority provisions of the Common Carrier Bureau are
transferred to the Wireless Telecommunications Bureau. Additionally,
the Commission makes certain other revisions to the functions and
authority of the Common Carrier Bureau, the International Bureau, the
Mass Media Bureau, the Cable Services Bureau and the Compliance and
Information Bureau (formerly the Field Operations Bureau) as set forth
below. In particular, the Commission grant additional delegated
authority regarding forfeitures and subpoenas.\1\
\1\ We also note that the Wireless Telecommunications Bureau, as
well as other recently created Bureaus, have delegated authority to
act on petitions for reconsideration of decisions of their
predecessor Bureaus on matters within the scope of their relevant
delegated authority.
2. The amendments adopted herein pertain to agency organization,
procedure and practice. Consequently, the requirement of notice and
comment rule making contained in 5 U.S.C. 553(b) and the effective date
provisions of 5 U.S.C. 553(d) of the Administrative Procedure Act do
not apply. Authority for the amendments adopted herein is contained in
section 4(i), 5(b), 5(c)(1), and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 155(b), (c)(1) and 303(r).
3. It is hereby ordered, effective upon publication of this Order
in the Federal Register, that Part 0 of the Commission's Rules, set
forth in Title 47 of the Code of Federal Regulations, is amended as set
forth in the ``Final Rules.''
4. It is further ordered, That the Chief, Wireless
Telecommunications Bureau is granted delegated authority to make any
additional conforming amendments to the Commission's Rules, in
particular to Parts 0, 1, 13, 17, 19-25, 80, 87, 90, 94, 95 and 97 of
Title 47 of the Code of Federal Regulations, that are not included
herein and are necessary to reflect the establishment of the Wireless
Telecommunications Bureau. As applicable, the conforming amendments
will be coordinated with other Commission Bureaus and Offices.
5. It is further ordered, That authority delegated to the Chief of
the Common Carrier Bureau in the Third Report and Order, GN Docket No.
93-252, PR Docket Nos. 93-144 and 89-553, 9 FCC Rcd 7988(1944) at para.
416, 59 FR 59945 (Nov. 21, 1994), concerning the development of forms
for licenses to comply with the spectrum aggregation limit is hereby
transferred to the Chief, Wireless Telecommunications Bureau.
6. It is further ordered, That authority delegated to the
appropriate Bureau in the Fifth Report and Order, PP Docket No. 93-253,
FCC 94-285, 10 FCC Rcd 403 (1994) at para. 142, 59 FR 63210 (Dec. 7,
1994), concerning the revision of FCC Forms 175, 401 (and any successor
forms) to ensure that Personal Communications Service applicants are in
compliance with the Commission's Rules, is hereby granted to the Chief,
Wireless Telecommunications Bureau.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
List of Subjects in 47 CFR Part 0
Organization and functions (Government agencies)
Amendatory Text
Part 0 of Title 47 of the Code of Federal Regulations is amended as
follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended: 47 U.S.C. 155,
223, unless otherwise noted.
2. Section 0.5 is amended by revising paragraph (a)(12) to read as
follows:
Sec. 0.5 General description of Commission organization and
operations.
(a) * * *
(12) Wireless Telecommunications Bureau.
* * * * *
3. Section 0.51 is amended by revising paragraphs (p) and (q) and
adding a new paragraph (r) to read as follows:
Sec. 0.51 Functions of the Bureau.
* * * * *
(p) To advise the Chairman on priorities for international travel
and develop, coordinate, and administer the international travel plan;
(q) To develop, recommend, and administer policies, rules, and
regulations implementing the Commission's oversight responsibilities
regarding COMSAT's participation in INTELSAT and INMARSAT;
(r) To exercise authority to issue non-hearing related subpoenas
for the attendance and testimony of witnesses and the production of
books, papers, correspondence, memoranda, schedules of charges,
contracts, agreements, and any other records deemed relevant to the
investigation of matters within the jurisdiction of the International
Bureau. Before issuing a subpoena, the International Bureau shall
obtain the approval of the Office of General Counsel.
4. Section 0.61 is amended by revising paragraph (a) and adding a
new paragraph (h) to read as follows:
Sec. 0.61 Functions of the Bureau.
* * * * *
(a) Process applications for authorizations in radio and television
services, including conventional and auxiliary broadcast services
(other than international broadcast services) and multi-point and
multi-channel multi-point distribution services.
* * * * *
(h) To exercise authority to issue non-hearing related subpoenas
for the attendance and testimony of witnesses and the production of
books, papers, correspondence, memoranda, schedules of charges,
contracts, agreements, and any other records deemed relevant to the
investigation of matters within the jurisdiction of the Mass Media
Bureau. Before issuing a subpoena, the Mass Media Bureau shall obtain
the approval of the Office of General Counsel.
5. Section 0.91 is amended by revising the introductory text,
paragraphs (a), (c), (i) and (j) to read as follows:
Sec. 0.91 Functions of the Bureau.
The Common Carrier Bureau develops, recommends, and administers
policies and programs for the regulation of services, facilities and
practices of entities which furnish interstate communications service
or interstate access service for hire--whether by wire, radio or
cable--and of ancillary operations related to the provision of such
services (excluding public coast stations in the maritime mobile
services and multi-point and multi-channel multi-point distribution
services and excluding matters pertaining exclusively to the regulation
and licensing of wireless telecommunications services and facilities).
The Bureau also regulates the rates, terms and conditions for cable
television pole attachments, where such attachments are not regulated
by a state and not provided by railroads or governmentally or
cooperatively owned utilities. The Bureau also develops, recommends,
and administers policies and programs for the regulation of rates,
terms, and conditions under which communications entities furnish
[[Page 35505]]
interstate communications service, interstate access service, and (in
cooperation with the International Bureau) foreign communications
service for hire--whether by wire, cable or satellite. The Bureau also
performs the following functions: (a) Advises and makes recommendations
to the Commission, or acts for the Commission under delegated
authority, in matters pertaining to the regulation and licensing of
communication common carriers and ancillary operations (other than
matters pertaining exclusively to the regulation and licensing of
wireless telecommunications services and facilities). This includes:
Policy development and coordination; adjudicatory and rule making
proceedings, including rate and service investigations; determinations
regarding lawfulness of carrier tariffs; action on applications for
service and facility authorizations; review of carrier performance;
economic research and analysis; administration of Commission accounting
and reporting requirements; compliance and enforcement activities; and
any matters concerning wireline carriers that also affect wireless
carriers in cooperation with the Wireless Telecommunications Bureau.
* * * * *
(c) Advises and assists the public, other government agencies and
industry groups on wireline common carrier regulation and related
matters.
* * * * *
(i) Administers the Telecommunications Service Priority System with
the concurrence of the Field Operations Bureau, and resolves matters
involving assignment of priorities and other issues pursuant to part 64
of this chapter.
(j) Acts upon matters involving telecommunications relay services
complaints and certification.
* * * * *
6. Section 0.131 and its preceding centered heading are revised to
read as follows:
Wireless Telecommunications Bureau
Sec. 0.131 Functions of the Bureau.
The Wireless Telecommunications Bureau develops, recommends and
administers the programs and policies for the regulation of the terms
and conditions under which communications entities offer domestic
wireless telecommunications services and of ancillary operations
related to the provision of such services (satellite communications
excluded). These functions include all wireless telecommunications
service providers' and licensees' activities. The Bureau also performs
the following specific functions:
(a) Advises and makes recommendations to the Commission, or acts
for the Commission under delegated authority, in all matters pertaining
to the licensing and regulation of wireless telecommunications,
including ancillary operations related to the provision or use of such
services; and any matters concerning wireless carriers that also affect
wireline carriers in cooperation with the Common Carrier Bureau. These
activities include: policy development and coordination; conducting
rulemaking and adjudicatory proceedings, including licensing and
complaint proceedings; acting on waivers of rules; acting on
applications for service and facility authorizations; compliance and
enforcement activities; determining resource impacts of existing,
planned or recommended Commission activities concerning wireless
telecommunications, and developing and recommending resource deployment
priorities.
(b) Develops and recommends policy goals, objectives, programs and
plans for the Commission on matters concerning wireless
telecommunications, drawing upon relevant economic, technological,
legislative, regulatory and judicial information and developments. Such
matters include meeting the present and future wireless
telecommunications needs of the Nation; fostering economic growth by
promoting efficiency and innovation in the allocation, licensing and
use of the electromagnetic spectrum; ensuring choice, opportunity and
fairness in the development of wireless telecommunications services and
markets; promoting economically efficient investment in wireless
telecommunications infrastructure and the integration of wireless
communications networks into the public telecommunications network;
enabling access to national communications services; promoting the
development and widespread availability of wireless telecommunications
services. Reviews and coordinates orders, programs and actions
initiated by other Bureaus and Offices in matters affecting wireless
telecommunications to ensure consistency of overall Commission policy.
(c) Serves as the Commission's principal policy and administrative
staff resource with regard to spectrum auctions. Administers all
Commission spectrum auctions. Develops, recommends and administers
policies, programs and rules concerning auctions of spectrum for
wireless telecommunications. Advises the Commission on policy,
engineering and technical matters relating to auctions of spectrum used
for other purposes. Administers procurement of auction-related services
from outside contractors. Provides policy, administrative and technical
assistance to other Bureaus and Offices on auction issues.
(d) Regulates the charges, practices, classifications, terms and
conditions for, and facilities used to provide, wireless
telecommunications services. Develops and recommends consistent,
integrated policies, programs and rules for the regulation of
commercial mobile radio services and private mobile radio services.
(e) Develops and recommends policy, rules, standards, procedures
and forms for the authorization and regulation of wireless
telecommunications facilities and services, including all facility
authorization applications involving domestic terrestrial transmission
facilities. Coordinates with and assists the International Bureau
regarding frequency assignment, coordination and interference matters.
(f) Develops and recommends responses to legislative, regulatory or
judicial inquiries and proposals concerning or affecting wireless
telecommunications.
(g) Develops and recommends policies regarding matters affecting
the collaboration and coordination of relations among Federal agencies,
and between the Federal government and the states, concerning wireless
telecommunications issues. Maintains liaison with Federal and state
government bodies concerning such issues.
(h) Develops and recommends policies, programs and rules to ensure
interference-free operation of wireless telecommunications equipment
and networks. Coordinates with and assists other Bureaus and Offices,
as appropriate, concerning spectrum management, planning, and
interference matters and issues, and in all compliance and enforcement
activities. Studies technical requirements for equipment for wireless
telecommunications services in accordance with standards established by
the Chief, Office of Engineering and Technology.
(i) Advises and assists consumers, businesses and other government
agencies on wireless telecommunications issues and matters relating
thereto.
(j) Obtains from entities subject to the Commission's jurisdiction
and from other available sources, the information
[[Page 35506]]
relating to wireless telecommunications services necessary to enable
the Bureau to perform the duties and carry out the objectives for which
it was created.
(k) Coordinates with and assists the International Bureau with
respect to treaty activities and international conferences concerning
wireless telecommunications.
(l) Exercises such authority as may be assigned, delegated or
referred to it by the Commission.
(m) Certifies frequency coordinators; considers petitions seeking
review of coordinator actions; and engages in oversight of coordinator
actions and practices.
(n) Administers the Commission's commercial radio operator (part 13
of this chapter) and amateur radio programs (part 97 of this chapter)
and the program for construction, marking and lighting of antenna
structures (part 17 of this chapter).
(o) Exercises authority to issue non-hearing related subpoenas for
the attendance and testimony of witnesses and the production of books,
papers, correspondence, memoranda, schedules of charges, contracts,
agreements, and any other records deemed relevant to the investigation
of wireless telecommunications operators for any alleged violation or
violations of the Communications Act of 1934, as amended, or the
Commission's rules and orders. Before issuing a subpoena, the Wireless
Telecommunications Bureau shall obtain the approval of the Office of
General Counsel.
7. Section 0.261 is amended by revising paragraphs (a)(4) and
(a)(10) and paragraphs (b)(5) and (b)(6) to read as follows:
Sec. 0.261 Authority delegated.
(a) * * *
(4) To act upon applications for international and domestic
satellite systems and earth stations pursuant to part 25 and part 100
of this chapter;
* * * * *
(10) To act upon applications for closure of public coast stations
in the maritime service under part 63 of this chapter and to coordinate
its efforts with the Wireless Telecommunications Bureau.
* * * * *
(b) * * *
(5) To designate for hearing any applications except:
(i) Mutually exclusive applications for radio facilities filed
pursuant to parts 23, 25, 73, or 100 of this chapter; and
(ii) Applications for facilities where the issues presented relate
solely to whether the applicant has complied with outstanding
precedents and guidelines; or
(6) To impose, reduce, or cancel forfeitures pursuant to section
203 or section 503(b) of the Communications Act of 1934, as amended, in
amounts of more than $80,000 for common carrier providers and $20,000
for non-common carrier providers.
8. Section 0.291 is amended by revising paragraphs (a)(1), (d) and
(e), removing paragraph (h), and redesignating paragraph (j) as (h) to
read as follows:
Sec. 0.291 Authority delegated.
* * * * *
(a) * * * (1) The Chief, Common Carrier Bureau shall not have
authority to act on any formal or informal common carrier applications
or section 214 applications for common carrier services which are in
hearing status.
* * * * *
(d) Authority to designate for hearing. The Chief, Common Carrier
Bureau, shall not have authority to designate for hearing any formal
complaints which present novel questions of fact, law, or policy which
cannot be resolved under outstanding precedents or guidelines. The
Chief, Common Carrier Bureau, shall not have authority to designate for
hearing any applications except applications for facilities where the
issues presented relate solely to whether the applicant has complied
with outstanding precedents and guidelines.
(e) Authority concerning forfeitures. The Chief, Common Carrier
Bureau shall not have authority to impose, reduce or cancel forfeitures
pursuant to Section 203 or Section 503(b) of the Communications Act of
1934, as amended, in amounts of more than $80,000.
* * * * *
Sec. 0.301 [Removed]
9. Section 0.301 is removed and reserved.
10. Section 0.302 is revised to read as follows:
Sec. 0.302 Record of actions taken.
The application and authorization files in the appropriate central
files of the Common Carrier Bureau are designated as the Commission's
official records of actions by the Chief, Common Carrier Bureau
pursuant to authority delegated to the Chief.
11. Section 0.311 is amended by revising paragraph (f) to read as
follows:
Sec. 0.311 Authority delegated.
* * * * *
(f) The Chief, Field Operations Bureau, is authorized to issue non-
hearing related subpoenas for the production of books, papers,
correspondence, memoranda, and other records deemed relevant in the
investigation of an alleged violation or violations of Section 301
(unlicensed operation) or 302a (illegal marketing of radio frequency
devices) of the Communications Act of 1934, as amended. Before issuing
a subpoena, the Bureau shall obtain the approval of the Office of
General Counsel.
* * * * *
12. Section 0.321 is amended by adding a new paragraph (a)(7) to
read as follows:
Sec. 0.321 Authority delegated.
* * * * *
(a) * * *
(7) To issue non-hearing related subpoenas for the attendance and
testimony of witnesses and the production of books, papers,
correspondence, memoranda, schedule of charges, contracts, agreements,
and any other records deemed relevant to the investigation of matters
within the jurisdiction of the Cable Services Bureau. Before issuing a
subpoena, the Cable Services Bureau shall obtain the approval of the
Office of General Counsel.
* * * * *
13. Section 0.331 and its preceding centered heading are revised to
read as follows:
Wireless Telecommunications Bureau
Sec. 0.331 Authority delegated.
The Chief, Wireless Telecommunications Bureau, is hereby delegated
authority to perform all functions of the Bureau, described in
Sec. 0.131, subject to the following exceptions and limitations.
(a) Authority concerning applications. (1) The Chief, Wireless
Telecommunications Bureau shall not have authority to act on any radio
applications that are in hearing status.
(2) The Chief, Wireless Telecommunications Bureau shall not have
authority to act on any complaints, petitions or requests, whether or
not accompanied by an application, when such complaints, petitions or
requests present new or novel questions of law or policy which cannot
be resolved under outstanding Commission precedents and guidelines.
(b) Authority concerning forfeitures and penalties. The Chief,
Wireless Telecommunications Bureau, shall not have authority to impose,
reduce, or cancel forfeitures pursuant to the Communications Act of
1934, as amended, and imposed under
[[Page 35507]]
regulations in this Chapter in amounts of more than $80,000 for
commercial radio providers and $20,000 for private radio providers.
Payments for bid withdrawal, default or to prevent unjust enrichment
that are imposed pursuant to Section 309(j) of the Communications Act
of 1934, as amended, and regulations in this Chapter implementing
Section 309(j) governing auction authority, are excluded from this
restriction.
(c) Authority concerning applications for review. The Chief,
Wireless Telecommunications Bureau shall not have authority to act upon
any applications for review of actions taken by the Chief, Wireless
Telecommunications Bureau pursuant to any delegated authority, except
that the Chief may dismiss any such application that does not comply
with the filing requirements of Sec. 1.115 (d) and (f) of this chapter.
(d) Authority concerning rulemaking proceedings. The Chief,
Wireless Telecommunications Bureau shall not have authority to act upon
notices of proposed rulemaking and inquiry, final orders in rulemaking
proceedings and inquiry proceedings, and reports arising from any of
the foregoing except such orders involving non-substantive revisions to
the rules, or orders making ministerial conforming amendments to rule
parts, or orders conforming any of the applicable rules to formally
adopted international convention or agreement where novel questions of
fact, law or policy are not involved. Also, the addition of new Marine
VHF frequency coordinating committee(s) to Sec. 80.514 of this chapter
need not be referred to the Commission if they do not involve novel
questions of fact, policy or law.
14. Section 0.332 is amended by revising the introductory text,
removing paragraph (g) and redesignating paragraph (h) as (g) to read
as follows:
Sec. 0.332 Actions taken under delegated authority.
In discharging the authority conferred by Sec. 0.331, the Chief,
Wireless Telecommunications Bureau, shall establish working
relationships with other bureaus and staff offices to assure the
effective coordination of actions taken in the following areas of joint
responsibility:
* * * * *
Sec. 0.333 [Removed]
15. Section 0.333 is removed and reserved.
Sec. 0.335 [Removed]
16. Section 0.335 is removed and reserved.
Sec. 0.337 [Removed]
17. Section 0.337 is removed and reserved.
18. Section 0.401 is amended by revising paragraph (a)(3)(i) and
the fifth sentence in paragraph (b)(1) and its note to read as follows:
Sec. 0.401 Location of Commission offices.
* * * * *
(a) * * *
(3) * * *
(i) The address of the Wireless Telecommunications Bureau's
licensing facilities are:
(A) Federal Communications Commission, 1270 Fairfield Road,
Gettysburg, PA 17325-7245; and
(B) Federal Communications Commission, Wireless Telecommunications
Bureau, Washington, DC 20554.
* * * * *
(b) * * *
(1) * * * In all other cases, applications and filings submitted by
mail should be sent to the addresses listed in the appropriate fee
rules.
Note: Wireless Telecommunications Bureau applications that
require frequency coordination by certified coordinators must be
submitted to the appropriate certified frequency coordinator before
filing with the Commission. After coordination, the applications are
filed with the Commission as set forth herein. (See Secs. 90.127 and
90.175 of this chapter.)
* * * * *
19. Section 0.406 is amended by revising the third and fourth
sentences of paragraph (b) introductory text and the eighth sentence of
paragraph (b)(2) to read as follows:
Sec. 0.406 The rules and regulations.
* * * * *
(b) * * * Parts 20-29 and 80-109 of this chapter have been reserved
for provisions pertaining to the wireless telecommunications services.
In the rules pertaining to common carriers, parts 20-25 and 80-99 of
this chapter pertain to the use of radio; * * *
(2) * * * Part 1, subpart F, of this chapter contain rules
applicable to applications for licenses in the Wireless
Telecommunications Bureau services, including the forms to be used, the
filing requirements, the procedures for processing and acting on such
applications, and certain other matters. * * *
* * * * *
20. Section 0.453 is amended by removing paragraphs (a)(4), (a)(5),
(a)(6) and (a)(7), by revising paragraph (m)(1) and by adding a new
paragraph (n) to read as follows:
Sec. 0.453 Public reference rooms.
* * * * *
(m) * * *
(1) Satellite and earth station applications files and related
materials under parts 25 and 100 of this chapter;
* * * * *
(n) The Cable Services Bureau Reference Center. The following
documents, files and records are available for inspection at this
location.
(1) All complaints regarding cable programming rates, all documents
filed in connection therewith, and all communications related thereto,
unless the cable operator has submitted a request pursuant to
Sec. 0.459 that such information not be made routinely available for
public inspection.
(2) All cable operator requests for approval of existing or
increased cable television rates for basic service and associated
equipment over which the Commission has assumed jurisdiction, all
documents filed in connection therewith, and all communications related
thereto, unless the cable operator has submitted a request pursuant to
Sec. 0.459 that such information not be made routinely available for
public inspection.
(3) Special relief petitions and files pertaining to cable
television operations.
(4) Cable television system reports filed by operators pursuant to
Sec. 76.403 of this chapter.
[FR Doc. 95-16200 Filed 7-7-95; 8:45 am]
BILLING CODE 6712-01-M
