[Federal Register Volume 60, Number 122 (Monday, June 26, 1995)]
[Notices]
[Pages 32960-32961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15537]



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FEDERAL COMMUNICATIONS COMMISSION
[DA 95-1368]
Mass Media Bureau


Assignment and Transfer Backlog Reduction and New Speed of 
Service Initiatives

    The Mass Media Bureau has instituted a plan to eliminate the 
existing backlog of contested assignment and transfer applications and 
to reduce, to the maximum extent possible, the time between the filing 
of new assignment and transfer applications and action on such 
applications. Additionally, the Bureau is exploring improved procedural 
techniques to expedite review of all applications filed with it.

Backlog Reduction Effort

    Under the sales backlog reduction plan the Bureau will:
     Maintain its current speed of service for all routine 
assignment and transfer applications (i.e., applications 
[[Page 32961]] that do not involve a waiver and are uncontested) at 60 
days or less from the date of filing.
     By June 30, dispose of all non-routine assignment and 
transfer applications (i.e., applications that are contested or involve 
a waiver) that have been pending for over 180 days, except for cases 
that are blocked because of circumstances beyond the Bureau's control.
     By July 31, dispose of all petitions for reconsideration 
of staff action on sales applications in cases where the petition has 
been pending for over 180 days; submit for Commission consideration 
draft decisions on all applications for review of staff action on sales 
applications in cases where the application for review has been pending 
for over 180 days.
     With regard to newly filed assignment and transfer 
applications, dispose of all non-routine applications in no more than 
180 days from the date of filing, respond to all petitions for 
reconsideration of those decisions in no more than 180 days from the 
filing of the petition, and submit for Commission review draft 
documents responding to applications for review of such decisions in no 
more than 180 days from the filing of the application for review. The 
180 day time-frame for initial action on a non-routine assignment and 
transfer application represents a worst-case scenario. The Bureau will 
act on most newly filed non-routine assignment and transfer 
applications in no more than 120 days. Frivolous petitions to deny will 
be acted on within 30 days of the close of the pleading cycle and 
frivolous informal objections will be acted on within 30 days of the 
close of the period established by the public notice announcing 
acceptance of the application. Applications will be approved 
simultaneously if otherwise grantable.
    To achieve its backlog reduction plan, the Bureau has recently 
detailed several attorneys from other parts of the Bureau to the Audio 
Services Division, which receives the highest percentage of assignment 
and transfer applications. That Division is also reorganizing to permit 
its attorneys to focus on the more difficult legal issues raised in 
sales applications and to reduce the levels of internal review. These 
changes, coupled with certain procedural improvements, have within the 
last three months permitted the Division to reduce the number of non-
routine sales cases over six months old by 65%, from 144 to 50, and the 
appeals of such cases by 20%, from 53 to 42. In the Video Services 
Division, the backlog of pending sales cases over six months old is 
currently 20 and, with the exception of a few complex cases, will be 
reduced according to the schedule above. On a separate matter, the 
Video Services Division, since June of 1994 when it assumed 
responsibility for processing MMDS applications, has reduced the number 
of applications for new or improved facilities by approximately 2200, 
or 33%, and has reduced the backlog of MMDS petitions for 
reconsideration from 5523 to 207, or 96%.
    In addition to reallocating resources, the Bureau is applying 
improved procedural techniques to expedite review of all assignment and 
transfer applications filed with it and is exploring additional ways to 
facilitate timely processing:
     The Bureau will screen receipt all incoming pleadings to 
determine whether they conform to procedural rules and to assess the 
seriousness of the allegations. Petitions to deny, petitions for 
reconsideration, and applications for review that fail to comply with 
relevant procedural requirements including, for example, requirements 
concerning standing, jurisdiction, and supporting affidavits, will be 
summarily dismissed unless the staff determines that consideration of 
the document despite its procedural flaws is in the public interest. 
The Bureau urges attorneys to state with specificity, and to support 
with facts and legal authority, how each pleading filed complies with 
procedural requirements in the Commission's rules.
     Though all issues raised in pleadings will be carefully 
and thoroughly considered, staff decisions denying petitions to deny 
and petitions for reconsideration will generally contain a concise 
statement of reasons disposing of all substantial issues raised by the 
petition rather than a detailed issue-by-issue analysis. Decisions 
denying informal objections will generally indicate only that the 
objection failed to present a public interest reason for denying the 
application. Parties may submit draft decision documents to the staff 
together with their authorized pleadings.
     The Bureau plans to request expansion of its delegated 
authority to permit waivers of the multiple ownership rules and 
resolution of routine EEO complaints without full Commission review.
Action by the Chief, Mass Media Bureau.
FOR FURTHER INFORMATION CONTACT: Linda Blair or Stuart Bedell at 202-
418-2788 or Clay Pendarvis at 202-418-1630.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-15537 Filed 6-23-95; 8:45 am]
BILLING CODE 6712-01-M