[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Page 26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13249]



=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[DA 96-396]


Delegation of Authority to General Counsel To Act Upon 
Applications for Determination of Exempt Telecommunications Company 
Status

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment changes the Commission's rules to reflect 
delegation of authority to the General Counsel to act on applications 
for determination of exempt telecommunications company status.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Lawrence J. Spiwak, Office of General 
Counsel, (202) 418-1880.

SUPPLEMENTARY INFORMATION:
    1. Through this order in DA 96-396, adopted May 14, 1996 and 
released May 15, 1996, we amend part O of the Commission's rules to 
reflect a delegation of authority to the General Counsel to act upon 
applications for ``exempt telecommunications company'' (``ETC'') status 
filed with the Commission under new section 34(a)(1) of the Public 
Utility Holding Company Act of 1935.1 This authority was delegated 
by the Commission in an order granting the application of CSW 
Communications, Inc. for a determination of ETC status.2 In CSW, 
the Commission also ordered the Managing Director to make conforming 
changes to the Commission's rules to reflect this delegation of 
authority.3
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 79-79z-5b, as added by section 103 of the 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 
(1996).
    \2\ Order, In re Application of CSW Communications, Inc. for 
Status as an Exempt Telecommunications Company, ____ FCC Rcd ____, 
(FCC 96-152, Rel. April 4, 1996) (``CSW'').
    \3\ Id.
---------------------------------------------------------------------------

    2. The amendments adopted herein pertain to agency organization. 
The notice and comment and effective date provisions of section 4 of 
the Administrative Procedure Act 4 are therefore inapplicable. 
Authority for the amendments adopted herein is contained in sections 
4(i) and (j), 5(c)(1) of the Communications Act of 1934, as amended.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. Sec. 553(b)(A) and 553(d).
---------------------------------------------------------------------------

    3. Accordingly, it is ordered, pursuant to authority delegated by 
Commission Order, FCC 96-152, released April 4, 1996, and effective 
upon publication in the Federal Register, that part 0 of the 
Commission's rules and regulations is amended as set forth below.

    Federal Communications Commission.
William F. Caton,
Acting Secretary.

List of Subjects in 47 CFR Part 0

    Organization and functions.

Final Rules

    Part 0 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 0--ORGANIZATION AND FUNCTIONS

    1. The authority citation for part 0 continues to read as follows:

    Authority: 47 CFR Ch. 1, secs. 2-5, 301, 303, 307-309, 315, 317, 
48 Stat., as amended, 1064-1066, 1068, 1081-1085, 1089, 47 U.S.C. 
152-155, 301, 303, 307-309, 315, 317.

    2. Section 0.251 is amended by adding a new paragraph (j), which 
reads as follows:
* * * * *
    (j) The General Counsel is delegated authority to act upon any 
application for a determination of exempt telecommunications company 
status filed pursuant to section 34(a)(1) of the Public Utility Holding 
Company Act of 1935, as amended by section 103 of the 
Telecommunications Act of 1996.

[FR Doc. 96-13249 Filed 5-24-96; 8:45 am]
BILLING CODE 6712-01-P