[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Rules and Regulations]
[Page 5950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2864]
[[Page 5950]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 98-136]
Rules To Reflect the Elimination of the Competition Division
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Commission's rules to reflect: the
elimination of the Competition Division within the Office of General
Counsel; changes in the functions of the Office of General Counsel and
Office of Plans and Policy; and a delegation of authority to the Common
Carrier Bureau to act on applications for determinations of exempt
telecommunications company status.
EFFECTIVE DATE: February 8, 1999.
FOR FURTHER INFORMATION CONTACT: Rebecca Dorch, Office of Engineering
and Technology, (202) 418-1868.
SUPPLEMENTARY INFORMATION:
1. Through this Order, FCC 98-136, adopted June 23, 1998, and
released June 29, 1998, the Commission eliminates the Competition
Division of the Office of General Counsel. We conclude that this
action, and reassignment of the personnel involved, will make more
effective and efficient use of the Commission's scarce resources.
2. The implementation of this decision requires amendment of part 0
of the Commission's rules and regulations. This Order makes the
necessary revisions and other minor editorial changes in part 0 of the
Commission's rules. To ensure continuity in the dispatch of the duties
and functions performed by the Competition Division, certain
responsibilities and delegations of authority are being reassigned. In
particular, 47 CFR 0.21 and 0.41 are amended by revising the duties and
responsibilities of the Office of General Counsel by eliminating
paragraph (g) of section 0.41 and by transferring from the Office of
General Counsel to the Office of Plans and Policy the responsibility to
help ensure that FCC policy encourages and promotes competitive market
structures by providing bureaus and offices with the necessary support
to identify, evaluate, and effectively and consistently resolve
competitiveness issues.
3. The General Counsel currently has delegated authority, pursuant
to 47 CFR 0.251(g), to act upon any application for a determination of
exempt telecommunications company status filed pursuant to section
34(a)(1) of the Public Utility Holding Company Act of 1935, as amended
by section 103 of the Telecommunications Act of 1996. See Amendment of
Part 0 of the Commission's Rules to Delegate Authority to the General
Counsel to Act Upon Applications for Determination of Exempt
Telecommunications Company Status, 11 FCC Rcd 22166 (1996) 61 FR 26464,
May 28, 1996. The Commission has concluded that the effective and
efficient dispatch of these duties and responsibilities is best ensured
by delegating such authority to the Common Carrier Bureau.
4. The amendments adopted herein pertain to agency organization.
The notice and comment and effective date provisions of the
Administrative Procedure Act, 5 U.S.C. 553, are therefore inapplicable.
Authority for the amendments adopted herein is contained in Sections
4(i), 5(b) and 5(c) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 155(b) and 155(c).
5. Accordingly, it is ordered, pursuant to authority delegated by
Commission Order, FCC 98-136, released June 29, 1998, and effective
upon publication in the Federal Register, that part 0 of the
Commission's rules and regulations is amended as set forth in the rule
changes.
List of Subjects in 47 CFR Part 0
Organization and functions (government agencies).
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 0 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.
2. Section 0.21 is amended by adding a new paragraph (j) to read as
follows:
Sec. 0.21 Functions of the Office.
* * * * *
(j) To help ensure that FCC policy encourages and promotes
competitive market structures by providing bureaus and offices with the
necessary support to identify, evaluate, and effectively and
consistently resolve competitiveness issues.
Sec. 0.41 [Amended]
3. Section 0.41 is amended by removing paragraph (g) and
redesignating paragraphs (h) through (o) as (g) through (n).
Sec. 0.251 [Amended]
4. Section 0.251 is amended by removing paragraph (g) and
redesignating paragraphs (h) and (i) as (g) and (h).
5. Section 0.304 is added to read as follows:
Sec. 0.304 Authority for determinations of exempt telecommunications
company status.
Authority is delegated to the Chief, Common Carrier Bureau to act
upon any application for a determination of exempt telecommunications
company status filed pursuant to section 34(a)(1) of the Public Utility
Holding Company Act of 1935, as amended by section 103 of the
Telecommunications Act of 1996.
[FR Doc. 99-2864 Filed 2-5-99; 8:45 am]
BILLING CODE 6712-01-P
