[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Page 29311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14570]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 96-225]
Authority Delegated to the General Counsel
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: 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.
In order to facilitate prompt resolution of adjudicatory hearing
proceedings, the Commission has delegated authority to the General
Counsel to issue all appropriate orders and to act on all requests for
relief regarding hearing matters pending before the Commission en banc,
except those requests which involve final disposition on the merits of
a previously specified issue concerning an applicant's basic
qualifications or two or more applicants' comparative qualifications.
EFFECTIVE DATE: June 10, 1996.
FOR FURTHER INFORMATION CONTACT: John I. Riffer, Office of General
Counsel, (202) 418-1756.
SUPPLEMENTARY INFORMATION:
Adopted: May 20, 1996.
Released: May 29, 1996.
1. By its Order, 11 FCC Rcd 1062 (1996), the Commission eliminated
the Review Board. 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. Thus, in order to facilitate prompt
resolution of adjudicatory hearing proceedings which are pending before
the Commission en banc, we are amending Sec. 0.251 to delegate
authority to the General Counsel to act on all requests for relief in
such proceedings, and to issue all appropriate orders, except those
requests which involve final disposition on the merits of a previously
specified issue concerning an applicant's basic qualifications or two
or more applicants' comparative qualifications. At the same time,
various other, conforming editorial changes have also been made in
Sec. 0.251.
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. 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.
553(b)(A) and 553(d), are inapplicable.
3. Accordingly, it is ordered, that, effective June 10, 1996, part
0 is amended as set forth below.
List of Subjects in 47 CFR Part 0
Organization and functions (Government Agencies).
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Changes
Part 0 of chapter I 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: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
Sec. 0.251 [Amended]
2. Section 0.251 is amended by adding paragraphs (c), (d), and (e),
removing paragraphs (f), (g), and (h) and redesignating paragraphs (i)
and (j) as paragraphs (f) and (g) to read as follows:
* * * * *
(c) The General Counsel is delegated authority in adjudicatory
hearing proceedings which are pending before the Commission en banc to
act on all requests for relief, and to issue all appropriate orders,
except those which involve final disposition on the merits of a
previously specified issue concerning an applicant's basic
qualifications or two or more applicants' comparative qualifications.
(d) When an adjudicatory proceeding is before the Commission for
the issuance of a final order or decision, the General Counsel will
make every effort to submit a draft order or decision for Commission
consideration within four months of the filing of the last responsive
pleading. If the Commission is unable to adopt an order or decision in
such cases within five months of the last responsive pleading, it shall
issue an order indicating that additional time will be required to
resolve the case.
(e) The official record of all actions taken by the General Counsel
pursuant to Sec. 0.251 (c) and (d) is contained in the original docket
folder, which is maintained by the Secretary in the Dockets Branch.
* * * * *
[FR Doc. 96-14570 Filed 6-7-96; 8:45 am]
BILLING CODE 6712-01-P
