[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39268-39269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18949]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[DA95-1524]
Anti-Drug Abuse Act of 1988
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Order will amend the Commission's Rules to reflect the
correct citation to the Anti-Drug Abuse Act of 1988. The Commission
amended its rules to be in compliance with the Anti-Drug Abuse Act of
1988. The purpose of this Order is to provide guidance to the public
and avoid any potential uncertainty.
EFFECTIVE DATE: August 2, 1995.
FOR FURTHER INFORMATION CONTACT:
Wendy A. Whitley, Office of General Counsel, (202) 418-1720.
[[Page 39269]]
SUPPLEMENTARY INFORMATION:
Order
Adopted: July 7, 1995; Released: July 10, 1995
In the Matter of: Amendment of Sections 1.2001 and 1.2002 of the
Commission's Rules.
By the Managing director:
1. By this Order, we amend Sections 1.2001 and 1.2002 of the
Commission's Rules, 47 CFR 1.2001 and 1.2002 to reflect the correct
citation to the Anti-Drug Abuse Act of 1988. 21 U.S.C. 862. The
citation to this act was changed subsequent to the time our rules were
written.
2. Accordingly, pursuant to Section 0.231(b) of the Commission's
rules 47 CFR 0.231(b), It is ordered that Sections 1.2001 and 1.2002 of
the Commission's Rules, 47 CFR 1.2001, 1.2002 are amended as set forth
below effective upon publication in the Federal Register.
Federal Communications Commission
Andrew S. Fishel,
Managing Director.
Rule Changes
PART 1--PRACTICE AND PROCEDURE
Part 1 of chapter I of title 47 of the Code of Federal Regulations
is amended as follows:
1. The authority citation for part 1 continues to read:
Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise
noted.
2. Section 1.2001 is revised to read as follows:
Sec. 1.2001 Purpose.
To determine eligibility for professional and/or commercial
licenses issued by the Commission with respect to any denials of
Federal benefits imposed by Federal and/or state courts under authority
granted in 21 U.S.C. 862.
3. Section 1.2002 is amended by revising paragraph (a) to read as
follows:
Sec. 1.2002 Applicants required to submit information.
(a) In order to be eligible for any new, modified, and/or renewed
instrument of authorization from the Commission, including but not
limited to, authorizations issued pursuant to sections 214, 301, 302,
303(1), 308, 310(d), 318, 319, 325(b), 351, 361(b), 362(b), 381, and
385 of the Communications Act of 1934, as amended, by whatever name
that instrument may be designated, all applicants shall certify that
neither the applicant nor any party to the application is subject to a
denial of Federal benefits that includes FCC benefits pursuant to
section 5301 of the Anti-Drug Abuse Act of 1988. 21 U.S.C. 862. If a
section 5301 certification has been incorporated into the FCC
application form being filed, the applicant need not submit a separate
certification. If a section 5301 certification has not been
incorporated into the FCC application form being filed, the applicant
shall be deemed to have certified by signing the application, unless an
exhibit is included stating that the signature does not constitute such
a certification and explaining why the applicant is unable to certify.
If no FCC application form is involved, the applicant must attach a
certification to its written application. If the applicant is unable to
so certify, the applicant shall be ineligible for the authorization for
which it applied, and will have 90 days from the filing of the
application to comply with this rule. If a section 5301 certification
has been incorporated into the FCC application form, failure to respond
to the question concerning certification shall result in dismissal of
the application pursuant to the relevant processing rules.
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[FR Doc. 95-18949 Filed 8-1-95; 8:45 am]
BILLING CODE 6712-01-M
