[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Rules and Regulations]
[Pages 31255-31256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14511]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[FCC 95-112]
Delegation of Authority to Issue Subpoenas
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document delegates authority to the Chief, Compliance and
Information Bureau to issue subpoenas for the production of documents
and testimony in support of Commission investigations of all types.
This action is necessary to empower the Compliance and Information
Bureau to obtain evidence in all situations involving violations of the
Commission's Rules. The effect of this action is better informed
Commission actions.
EFFECTIVE DATE: June 14, 1995.
FOR FURTHER INFORMATION CONTACT:
Wayne T. McKee, Compliance and Information Bureau, (202) 418-1100.
SUPPLEMENTARY INFORMATION: The complete text of the Commission's Order,
Adopted March 14, 1995, and released April 6, 1995, follows:
1. Section 409(e) of the Communications Act of 1934 (Act), as
amended, 47 U.S.C. 409(e), grants the Commission express authority to
issue subpoenas to require, among other things, the production of
information relating to any matter under investigation. In this
connection, the courts have held that the Commission may issue
subpoenas to, among others, private entities not subject to the
agency's jurisdiction.\1\
\1\See FCC v. Cohn, 154 F. Supp. 899 (S.D.N.Y. 1957).
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2. Section 5(c)(1) of the Act, 47 U.S.C. 155(c)(1), affords the
Commission authority to delegate the subpoena power conferred by
Section 409(e). In accordance with Section 5(c)(1), we previously
delegated to the Chief, Compliance and Information Bureau (formerly the
Field Operations Bureau) authority to issue administrative subpoenas in
connection with investigation of cases involving violations of Sections
301 (unlicensed operation) or 302(a) (illegal marketing of radio
frequency devices capable of
[[Page 31256]]
causing harmful interference) of the Act.\2\ See 47 U.S.C. 301 and
302(a). We believe that the mission and proper functioning of the
Compliance and Information Bureau will be enhanced by a broader
delegation of our subpoena authority to that Bureau.
\2\See Authority to Issue Subpoenas, 8 FCC Rcd 8763 (1993).
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3. Accordingly, it is ordered that, pursuant to Section 5(c)(1) of
the Communications Act of 1934, as amended, 47 U.S.C. 155(c)(1),
authority is delegated to the Chief, Compliance and Information Bureau,
to require by administrative subpoena the attendance and testimony of
witnesses and the production of books, papers, correspondence, and any
other records relating to any matter under investigation.
4. It is further ordered that Section 0.311(f) of the Commission's
rules, 47 CFR 0.311(f), is amended to reflect the foregoing delegation
of authority to the Chief, Compliance and Information Bureau. This
amendment to the Commission's rules is contained below. The
requirements set forth in 5 U.S.C. 553(b) pertaining to notice and
comment and effective date in rule making proceedings do not apply to
this amendment because it concerns matters of agency organization,
procedure, or practice. See 5 U.S.C. 553(b)(A), 553(d).
5. It is further ordered that this amendment of Section 0.311(f) as
set forth below is effective upon the date of publication in the
Federal Register.
List of Subjects in 47 CFR Part 0
Organization and functions (Government agencies)
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, part 0, 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.
2. Section 0.311(f) and its preceding center heading are revised to
read as follows:
Compliance and Information Bureau
Sec. 0.311 Authority delegated.
* * * * *
(f) The Chief of the Compliance and Information Bureau is
authorized to issue subpoenas for the attendance and testimony of
witnesses and the production of books, papers, correspondence,
memoranda, and other records relating to investigations under authority
of the Communications Act of 1934, as amended.
* * * * *
[FR Doc. 95-14511 Filed 6-13-95; 8:45 am]
BILLING CODE 6712-01-M
