[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Rules and Regulations]
[Pages 4169-4172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1699]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, and 22
[DA 96-459]
Elimination of the Review Board
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In light of the many demands currently imposed on the
Commission concerning nonhearing matters, the Commission has concluded
that the proper dispatch of its business and the public interest will
be best served by expanding the authority delegated to the General
Counsel regarding hearing matters. These amendments change the
Commission's Rules to reflect the elimination of the Review Board.
These amendments also incorporate nonsubstantive, editorial changes in
the Rules to reflect current circumstances.
EFFECTIVE DATE: January 29, 1997.
FOR FURTHER INFORMATION CONTACT:
Office of Public Affairs, (202) 418-0500.
SUPPLEMENTARY INFORMATION:
[Adopted: April 29, 1996; Released: April 30, 1996]
1. By its Order, FCC 96-4, released January 23, 1996, the
Commission eliminated the Review Board, effective April 24, 1996, and
delegated authority to the Managing Director to make conforming rule
modifications. In accordance with the Commission's action, this Order
makes necessary changes, together with other nonsubstantive, editorial
revisions, in Parts 0, 1, 19 and 22 of the Commission's Rules.
2. Authority for the adoption of the amendments adopted herein is
contained in Sections 4(i), 4(j), 5(b), 5(c), and 303(r) of the
Communications Act of 1934, as amended. 47 U.S.C. Secs. 154(i), 154(j),
155(b), 155(c) and 303(r). Because these amendments pertain to agency
organization, practice and procedure, the notice and comment and
effective date provisions of the Administrative Procedure Act, 5 U.S.C.
Secs. 553(b)(A) and 553(d), are inapplicable.
3. Accordingly, it is ordered, That, pursuant to the authority
delegated by the Commission's Order, FCC 96-4, released January 23,
1996, and 47 CFR Sec. 0.231(b), and effective upon publication in the
Federal Register, Parts 0, 1, and 22 of the Rules and Regulations ARE
AMENDED as set forth below.
[[Page 4170]]
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 22
Communications common carriers.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 0, 1, and 22 of Chapter I of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for Part 0 continues to read as follows:
Authority: Section 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
Sec. 0.5 [Amended]
2. Section 0.5 is amended by removing paragraph (a)(8) and
redesignating paragraphs (a)(9) through (a)(15) as paragraphs (a)(8)
through (a)(14) respectively, removing the words ``Sections 0.11
through 0.161.'' in paragraph (b) and adding in their place ``Sections
0.11 through 0.151.'', removing the words ``section 5(d)'' in the first
sentence of paragraph (c) and adding in their place ``section 5(c)''
and by removing the last sentence of paragraph (c) to read as follows:
Secs. 0.31, 0.41 and 0.91 [Amended]
3. Sections 0.31(m), 0.41(h) and 0.91(d) are amended by removing
the words ``section 5(d)'' and adding in their place ``section 5(c).''
Secs. 0.61 and 0.101 [Amended]
4. Sections 0.61(c) and 0.101(g) are amended by removing the phrase
``, the Review Board''.
Sec. 0.161 [Removed]
5. Section 0.161 is removed.
6. Section 0.201 is amended by removing the words ``section 5(d)''
and adding in their place ``section 5(c)'' in paragraph (a)
introductory text, by revising paragraph (a)(2) and the accompanying
Note and by removing the phrase ``or to the Review Board'' in paragraph
(a)(3) to read as follows:
Sec. 0.201 General provisions.
(a) * * *
(2) Delegations to rule on interlocutory matters in hearing
proceedings. Delegations in this category are made to the Chief
Administrative Law Judge.
NOTE to paragraph (a)(2): Interlocutory matters which are not
delegated to the Chief Administrative Law Judge are ruled on by the
presiding officer by virtue of the authority vested in him to
control the course and conduct of the hearing. This authority stems
from section 7 of the Administrative Procedure Act and section 409
of the Communications Act rather than from delegations of authority
made pursuant to section 5(c) of the Communications Act. (See
Secs. 0.218 and 0.341.).
* * * * *
Sec. 0.204 [Amended]
7. Section 0.204 is amended by removing paragraph (c)(1) and
redesignating paragraphs (c)(2) through (c)(6) as paragraphs (c)(1)
through (c)(5).
8.-9. Section 0.341(c) is revised to read as follows:
Sec. 0.341 Authority of administrative law judge.
* * * * *
(c) Any question which would be acted upon by the Chief
Administrative Law Judge or the Commission, if it were raised by the
parties, may be certified by the administrative law judge, on his own
motion, to the Chief Administrative Law Judge, or the Commission, as
the case may be.
* * * * *
Secs. 0.361, 0.362, 0.363, 0.365 and 0.367 [Removed]
10. Sections 0.361, 0.362, 0.363, 0.365, and 0.367 are removed.
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for Part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise
noted.
Sec. 1.4 [Amended]
2. Section 1.4(b) introductory text is amended by removing the
phrase ``Review Board,''.
Sec. 1.28 [Amended]
3. Section 1.28(c)(3)(ii) is amended by removing the phrase ``a
member of the Review Board,''.
Sec. 1.51 [Amended]
4. Section 1.51 is amended by removing paragraph (a)(2) and
redesignating paragraphs (a)(3) and (a)(4) as paragraphs (a)(2) and
(a)(3).
Sec. 1.101 [Amended]
5. Section 1.101 is amended by removing the words ``section 5(d)''
and adding in their place the words ``section 5(c)'' wherever they
occur.
Sec. 1.102 [Amended]
6. Section 1.102(a)(1) is amended by removing the phrase ``the
Review Board,''.
7. Section 1.104(a) is amended by revising the first sentence to
read as follows:
Sec. 1.104 Preserving the right of review; deferred consideration of
application for review.
* * * * *
(a) The provisions of this section apply to all final actions taken
pursuant to delegated authority, including final actions taken by
members of the Commission's staff on nonhearing matters. * * *
* * * * *
Sec. 1.106 [Amended]
8. Section 1.106(a)(1) is amended by removing the second sentence.
9. Section 1.115 is amended by removing paragraph (b)(5), and the
last sentence of paragraph (e)(1) and revising paragraphs (d), (e)(3)
and (f) to read as follows:
Sec. 1.115 Application for review of action taken pursuant to
delegated authority.
* * * * *
(d) Except as provided in paragraph (e) of this section, the
application for review and any supplemental thereto shall be filed
within 30 days of public notice of such action, as that date is defined
in section 1.4(b). Opposition to the application shall be filed within
15 days after the application for review is filed. Except as provided
in paragraph (e)(3) of this section, replies to oppositions shall be
filed within 10 days after the opposition is filed and shall be limited
to matters raised in the opposition.
(e) * * *
(3) Applications for review of a hearing designation order issued
under delegated authority shall be deferred until exceptions to the
initial decision in the case are filed, unless the presiding
Administrative Law Judge certifies such an application for review to
the Commission. A matter shall be certified to the Commission only if
the presiding Administrative Law Judge determines that the matter
involves a controlling question of law as to which there is substantial
ground for difference of opinion and that immediate consideration of
the question would materially expedite the ultimate resolution of the
litigation. A ruling refusing to certify a matter to the Commission is
not appealable. In addition, the Commission may dismiss,
[[Page 4171]]
without stating reasons, an application for review that has been
certified, and direct that the objections to the hearing designation
order be deferred and raised when exceptions in the initial decision in
the case are filed. A request to certify a matter to the Commission
shall be filed with the presiding Administrative Law Judge within 5
days after the designation order is released. Any application for
review authorized by the Administrative Law Judge shall be filed within
5 days after the order certifying the matter to the Commission is
released or such a ruling is made. Oppositions shall be filed within 5
days after the application for review is filed. Replies to oppositions
shall be filed only if they are requested by the Commission. Replies
(if allowed) shall be filed within 5 days after they are requested.
(f) Applications for review, oppositions, and replies shall conform
to the requirements of Secs. 1.49, 1.51, and 1.52, and shall be
submitted to the Secretary, Federal Communications Commission,
Washington, DC 20554. Except as provided below, applications for review
and oppositions thereto shall not exceed 25 double-space typewritten
pages. Applications for review of interlocutory actions in hearing
proceedings (including designation orders) and oppositions thereto
shall not exceed 5 double-spaced typewritten pages. When permitted (see
paragraph (e)(3) of this section), reply pleadings shall not exceed 5
double-spaced typewritten pages. The application for review shall be
served upon the parties to the proceeding. Oppositions to the
application for review shall be served on the person seeking review and
on parties to the proceeding. When permitted (see paragraph (e)(3) of
this section), replies to the opposition(s) to the application for
review shall be served on the person(s) opposing the application for
review and on parties to the proceeding.
* * * * *
Sec. 1.209 [Amended]
10. Section 1.209 is amended by removing the phrase ``the Review
Board,''.
Sec. 1.229 [Amended]
11. Section 1.229(f) is amended by removing the phrase ``, the
Review Board''.
12. Section 1.244 is amended by removing the phrase ``the Review
Board or'' in paragraph (c)(4) and revising paragraph (d) to read as
follows:
Sec. 1.244 Designation of a settlement judge.
* * * * *
(d) The settlement judge shall have the authority to require
applicants to submit their Standardized Integration Statements and/or
their written direct cases for review. The settlement judge may also
meet with the applicants and/or their counsel, individually and/or at
joint conferences, to discuss their cases and the cases of their
competitors. All such meetings will be off-the-record, and the
settlement judge may express an opinion as to the relative comparative
standing of the applicants and recommend possible means to resolve the
proceeding by settlement. The proceedings before the settlement judge
shall be subject to the confidentiality provisions of 5 U.S.C. 574.
Moreover, no statements, offers of settlement, representations or
concessions of the parties or opinions expressed by the settlement
judge will be admissible as evidence in any Commission licensing
proceeding.
Sec. 1.245 [Amended]
13. Section 1.245 is amended by removing the phrase ``Review
Board'' and ``Board'' and adding in their place the word ``Commission''
in paragraph (b)(4), removing the word ``Board'' and adding in its
place the word ``Commission'' in paragraph (b)(5), and removing the
word ``Board'' and adding in its place the word ``Commission'' in
paragraph (b)(6).
14. Section 1.271 is revised to read as follows:
Sec. 1.271 Delegation of review function.
The Commission may direct, by order or rule, that its review
function in a case or category of cases be performed by a commissioner,
or a panel of commissioners, in which event the commissioner or panel
shall exercise the authority and perform the functions which would
otherwise have been performed by the Commission under Secs. 1.273
through 1.282.
Note: To provide for an orderly completion of cases, exceptions
and related pleadings filed after March 1, 1996, shall be directed
to the Commission and will not be acted upon by the Review Board.
Sec. 1.273 [Amended]
15. Section 1.273 is amended by removing the phrase ``or by the
Review Board,''.
Sec. 1.277 [Amended]
16. Section 1.277 is amended by removing the phrase ``or member of
the Review Board'' in paragraph (f).
17. Section 1.291 is amended by removing paragraph (a)(2) and
redesignating paragraphs (a)(3) through (a)(5) as paragraphs (a)(2)
through (a)(4) and revising new redesignated paragraph (a)(4), by
removing the phrase ``the Review Board,'' in paragraph (c)(3), and
revising paragraph (d) and the authority to read as follows:
Sec. 1.291 General provisions.
(a) * * *
(4) Each interlocutory pleading shall indicate in its caption
whether the pleading is to be acted upon by the Commission, the Chief
Administrative Law Judge, or the presiding officer. If the pleading is
to be acted upon by the presiding officer, he shall be identified by
name.
* * * * *
(d) No initial decision shall become effective under Sec. 1.276(e)
until all interlocutory matters pending before the Commission in the
proceeding at the time the initial decision is issued have been
disposed of and the time allowed for appeal from interlocutory rulings
of the presiding officer has expired.
(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934,
as amended; 47 CFR 0.61 and 0.283)
18. The authority following Sec. 1.296 is revised to read as
follows:
Sec. 1.296 Service.
* * * * *
(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934,
as amended; 47 CFR 0.61 and 0.283)
Sec. 1.301 [Amended]
19. Section 1.301(c)(6) is amended by removing the words ``Review
Board'' and adding in their place the word ``Commission''.
20. Section 1.302 is amended by removing the phrase ``or the Review
Board'' in paragraph (b) wherever it occurs and revising paragraph (f)
to read as follows:
Sec. 1.302 Appeal from presiding officer's final ruling; effective
date of ruling.
* * * * *
(f) The Commission will act on the appeal.
* * * * *
Sec. 1.311 [Amended]
21. Section 1.311(d) is amended by removing the phrase ``the Review
Board,''.
Sec. 1.1319 [Amended]
22. Section 1.1319(a)(2) is amended by removing the phrase ``the
Review Board and/or''.
PART 22--PUBLIC MOBILE SERVICES
1. The authority citation for Part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
[[Page 4172]]
2. Section 22.935(f)(5) is revised to read as follows:
Sec. 22.935 Procedures for comparative renewal proceedings.
* * * * *
(f) * * *
(5) Parties will have 30 days in which to file exceptions to the
Initial Decision.
[FR Doc. 97-1699 Filed 1-28-97; 8:45 am]
BILLING CODE 6712-01-M
