[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.
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[FR Doc. 95-14511 Filed 6-13-95; 8:45 am]
BILLING CODE 6712-01-M