[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31720]


[[Page Unknown]]

[Federal Register: December 27, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 94-319]

 

Authority To Issue Subpoenas

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopted this rule which will delegate to the 
Chief, Common Carrier Bureau, or her/his designee, the authority to 
issue subpoenas to persons or entities not subject to the Commission's 
administrative jurisdiction in the investigation of matters involving 
allegations of unlawful activity by common carriers under Title II of 
the Communications Act of 1934, as amended.

EFFECTIVE DATE: December 27, 1994.

FOR FURTHER INFORMATION CONTACT: Michelle M. Carey, Enforcement 
Division, Common Carrier Bureau, (202) 418-0960.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's order 
in FCC 94-319, adopted December 13, 1994, and released December 21, 
1994. The full text of the rule is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room 239, 
1919 M Street, N.W., Washington, D.C. 20554. The full text of this rule 
may also be purchased from the Commission's duplicating contractor, 
International Transcription Services, 2100 M Street, N.W., Suite 140, 
Washington, D.C. 20037, (202) 857-3800.

Summary of Order

    1. Section 409(e) of the Communications Act of 1934, as amended 
(Act), 47 U.S.C. Sec. 409(e), grants the Commission express authority 
to require by subpoena information relating to any matter under 
investigation. This authority may be delegated in accordance with 
Section 5(c)(1) of the Act. 47 U.S.C. Sec. 155(c)(1). The agency's 
power of subpoena is not confined to those over whom it exercises 
regulatory jurisdiction, but extends to private individuals and 
entities over whom it does not.
    2. We find that the delegation of authority to the Chief, Common 
Carrier Bureau, to issue administrative subpoenas in the investigation 
of matters involving any alleged violation or violations of Title II of 
the Act will facilitate investigations of unlawful activity by common 
carriers and is, therefore, in the public interest.

Ordering Clauses

    3. Accordingly, IT IS ORDERED, that, pursuant to Section 5(c)(1) of 
the Communications Act of 1934, as amended, 47 U.S.C. Sec. 155(c)(1), 
authority is delegated to the Chief, Common Carrier Bureau, to require 
by administrative subpoena the attendance and testimony of witnesses 
and the production of books, papers, correspondence, memoranda, 
schedules of charges, contracts, agreements, and any other records 
deemed relevant to the investigation of common carriers for any alleged 
violation or violations of Title II of the Act.
    4. It is further ordered that Sec. 0.291 of the Commission's rules, 
47 CFR 0.291, be amended to add a paragraph (j) to reflect this 
delegation of authority. This amendment of the Commission's rules is 
contained below. The requirement of notice and comment rule making 
contained in 5 U.S.C. Sec. 553(b) and the effective date provisions of 
5 U.S.C. Sec. 553(d) do not apply since this amendment concerns matters 
of agency organization, procedure, or practice. See 5 U.S.C. 
Secs. 553(b)(A), 553(d).
    5. It is further ordered that this amendment of Section 0.291, as 
set forth below, is effective upon publication in the Federal Register.

List of Subjects in 47 CFR Part 0

    Organization and functions (Government agencies).

Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.

Rule Change

    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: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.291 is amended by adding paragraph (j) to read as 
follows:


Sec. 0.291  Authority delegated.

* * * * *
    (j) Authority concerning the issuance of subpoenas. The Chief of 
the Common Carrier Bureau or her/his designee is authorized to issue 
subpoenas for the attendance and testimony of witnesses and the 
production of books, papers, correspondence, memoranda, schedules of 
charges, contracts, agreements, and any other records deemed relevant 
to the investigation of common carriers for any alleged violation or 
violations of Title II of the Communications Act of 1934, as amended.

[FR Doc. 94-31720 Filed 12-23-94; 8:45 am]
BILLING CODE 6712-01-M