[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Rules and Regulations]
[Pages 4169-4172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1699]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, and 22

[DA 96-459]


Elimination of the Review Board

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In light of the many demands currently imposed on the 
Commission concerning nonhearing matters, the Commission has concluded 
that the proper dispatch of its business and the public interest will 
be best served by expanding the authority delegated to the General 
Counsel regarding hearing matters. These amendments change the 
Commission's Rules to reflect the elimination of the Review Board. 
These amendments also incorporate nonsubstantive, editorial changes in 
the Rules to reflect current circumstances.

EFFECTIVE DATE: January 29, 1997.

FOR FURTHER INFORMATION CONTACT:
Office of Public Affairs, (202) 418-0500.

SUPPLEMENTARY INFORMATION:

[Adopted: April 29, 1996; Released: April 30, 1996]

    1. By its Order, FCC 96-4, released January 23, 1996, the 
Commission eliminated the Review Board, effective April 24, 1996, and 
delegated authority to the Managing Director to make conforming rule 
modifications. In accordance with the Commission's action, this Order 
makes necessary changes, together with other nonsubstantive, editorial 
revisions, in Parts 0, 1, 19 and 22 of the Commission's Rules.
    2. Authority for the adoption of the amendments adopted herein is 
contained in Sections 4(i), 4(j), 5(b), 5(c), and 303(r) of the 
Communications Act of 1934, as amended. 47 U.S.C. Secs. 154(i), 154(j), 
155(b), 155(c) and 303(r). Because these amendments pertain to agency 
organization, practice and procedure, the notice and comment and 
effective date provisions of the Administrative Procedure Act, 5 U.S.C. 
Secs. 553(b)(A) and 553(d), are inapplicable.
    3. Accordingly, it is ordered, That, pursuant to the authority 
delegated by the Commission's Order, FCC 96-4, released January 23, 
1996, and 47 CFR Sec. 0.231(b), and effective upon publication in the 
Federal Register, Parts 0, 1, and 22 of the Rules and Regulations ARE 
AMENDED as set forth below.

[[Page 4170]]

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 1

    Administrative practice and procedure.

47 CFR Part 22

    Communications common carriers.

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

Rule Changes

    Parts 0, 1, and 22 of Chapter I of Title 47 of the Code of Federal 
Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

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

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


Sec. 0.5  [Amended]

    2. Section 0.5 is amended by removing paragraph (a)(8) and 
redesignating paragraphs (a)(9) through (a)(15) as paragraphs (a)(8) 
through (a)(14) respectively, removing the words ``Sections 0.11 
through 0.161.'' in paragraph (b) and adding in their place ``Sections 
0.11 through 0.151.'', removing the words ``section 5(d)'' in the first 
sentence of paragraph (c) and adding in their place ``section 5(c)'' 
and by removing the last sentence of paragraph (c) to read as follows:


Secs. 0.31, 0.41 and 0.91  [Amended]

    3. Sections 0.31(m), 0.41(h) and 0.91(d) are amended by removing 
the words ``section 5(d)'' and adding in their place ``section 5(c).''


Secs. 0.61 and 0.101  [Amended]

    4. Sections 0.61(c) and 0.101(g) are amended by removing the phrase 
``, the Review Board''.


Sec. 0.161  [Removed]

    5. Section 0.161 is removed.
    6. Section 0.201 is amended by removing the words ``section 5(d)'' 
and adding in their place ``section 5(c)'' in paragraph (a) 
introductory text, by revising paragraph (a)(2) and the accompanying 
Note and by removing the phrase ``or to the Review Board'' in paragraph 
(a)(3) to read as follows:


Sec. 0.201  General provisions.

    (a) * * *
    (2) Delegations to rule on interlocutory matters in hearing 
proceedings. Delegations in this category are made to the Chief 
Administrative Law Judge.

    NOTE to paragraph (a)(2): Interlocutory matters which are not 
delegated to the Chief Administrative Law Judge are ruled on by the 
presiding officer by virtue of the authority vested in him to 
control the course and conduct of the hearing. This authority stems 
from section 7 of the Administrative Procedure Act and section 409 
of the Communications Act rather than from delegations of authority 
made pursuant to section 5(c) of the Communications Act. (See 
Secs. 0.218 and 0.341.).
* * * * *


Sec. 0.204  [Amended]

    7. Section 0.204 is amended by removing paragraph (c)(1) and 
redesignating paragraphs (c)(2) through (c)(6) as paragraphs (c)(1) 
through (c)(5).
    8.-9. Section 0.341(c) is revised to read as follows:


Sec. 0.341  Authority of administrative law judge.

* * * * *
    (c) Any question which would be acted upon by the Chief 
Administrative Law Judge or the Commission, if it were raised by the 
parties, may be certified by the administrative law judge, on his own 
motion, to the Chief Administrative Law Judge, or the Commission, as 
the case may be.
* * * * *


Secs. 0.361, 0.362, 0.363, 0.365 and 0.367  [Removed]

    10. Sections 0.361, 0.362, 0.363, 0.365, and 0.367 are removed.

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise 
noted.

Sec. 1.4  [Amended]

    2. Section 1.4(b) introductory text is amended by removing the 
phrase ``Review Board,''.


Sec. 1.28  [Amended]

    3. Section 1.28(c)(3)(ii) is amended by removing the phrase ``a 
member of the Review Board,''.


Sec. 1.51  [Amended]

    4. Section 1.51 is amended by removing paragraph (a)(2) and 
redesignating paragraphs (a)(3) and (a)(4) as paragraphs (a)(2) and 
(a)(3).


Sec. 1.101  [Amended]

    5. Section 1.101 is amended by removing the words ``section 5(d)'' 
and adding in their place the words ``section 5(c)'' wherever they 
occur.


Sec. 1.102  [Amended]

    6. Section 1.102(a)(1) is amended by removing the phrase ``the 
Review Board,''.
    7. Section 1.104(a) is amended by revising the first sentence to 
read as follows:


Sec. 1.104  Preserving the right of review; deferred consideration of 
application for review.

* * * * *
    (a) The provisions of this section apply to all final actions taken 
pursuant to delegated authority, including final actions taken by 
members of the Commission's staff on nonhearing matters. * * *
* * * * *


Sec. 1.106  [Amended]

    8. Section 1.106(a)(1) is amended by removing the second sentence.
    9. Section 1.115 is amended by removing paragraph (b)(5), and the 
last sentence of paragraph (e)(1) and revising paragraphs (d), (e)(3) 
and (f) to read as follows:


Sec. 1.115  Application for review of action taken pursuant to 
delegated authority.

* * * * *
    (d) Except as provided in paragraph (e) of this section, the 
application for review and any supplemental thereto shall be filed 
within 30 days of public notice of such action, as that date is defined 
in section 1.4(b). Opposition to the application shall be filed within 
15 days after the application for review is filed. Except as provided 
in paragraph (e)(3) of this section, replies to oppositions shall be 
filed within 10 days after the opposition is filed and shall be limited 
to matters raised in the opposition.
    (e) * * *
    (3) Applications for review of a hearing designation order issued 
under delegated authority shall be deferred until exceptions to the 
initial decision in the case are filed, unless the presiding 
Administrative Law Judge certifies such an application for review to 
the Commission. A matter shall be certified to the Commission only if 
the presiding Administrative Law Judge determines that the matter 
involves a controlling question of law as to which there is substantial 
ground for difference of opinion and that immediate consideration of 
the question would materially expedite the ultimate resolution of the 
litigation. A ruling refusing to certify a matter to the Commission is 
not appealable. In addition, the Commission may dismiss,

[[Page 4171]]

without stating reasons, an application for review that has been 
certified, and direct that the objections to the hearing designation 
order be deferred and raised when exceptions in the initial decision in 
the case are filed. A request to certify a matter to the Commission 
shall be filed with the presiding Administrative Law Judge within 5 
days after the designation order is released. Any application for 
review authorized by the Administrative Law Judge shall be filed within 
5 days after the order certifying the matter to the Commission is 
released or such a ruling is made. Oppositions shall be filed within 5 
days after the application for review is filed. Replies to oppositions 
shall be filed only if they are requested by the Commission. Replies 
(if allowed) shall be filed within 5 days after they are requested.
    (f) Applications for review, oppositions, and replies shall conform 
to the requirements of Secs. 1.49, 1.51, and 1.52, and shall be 
submitted to the Secretary, Federal Communications Commission, 
Washington, DC 20554. Except as provided below, applications for review 
and oppositions thereto shall not exceed 25 double-space typewritten 
pages. Applications for review of interlocutory actions in hearing 
proceedings (including designation orders) and oppositions thereto 
shall not exceed 5 double-spaced typewritten pages. When permitted (see 
paragraph (e)(3) of this section), reply pleadings shall not exceed 5 
double-spaced typewritten pages. The application for review shall be 
served upon the parties to the proceeding. Oppositions to the 
application for review shall be served on the person seeking review and 
on parties to the proceeding. When permitted (see paragraph (e)(3) of 
this section), replies to the opposition(s) to the application for 
review shall be served on the person(s) opposing the application for 
review and on parties to the proceeding.
 * * * * *


Sec. 1.209  [Amended]

    10. Section 1.209 is amended by removing the phrase ``the Review 
Board,''.


Sec. 1.229  [Amended]

    11. Section 1.229(f) is amended by removing the phrase ``, the 
Review Board''.
    12. Section 1.244 is amended by removing the phrase ``the Review 
Board or'' in paragraph (c)(4) and revising paragraph (d) to read as 
follows:


Sec. 1.244  Designation of a settlement judge.

 * * * * *
    (d) The settlement judge shall have the authority to require 
applicants to submit their Standardized Integration Statements and/or 
their written direct cases for review. The settlement judge may also 
meet with the applicants and/or their counsel, individually and/or at 
joint conferences, to discuss their cases and the cases of their 
competitors. All such meetings will be off-the-record, and the 
settlement judge may express an opinion as to the relative comparative 
standing of the applicants and recommend possible means to resolve the 
proceeding by settlement. The proceedings before the settlement judge 
shall be subject to the confidentiality provisions of 5 U.S.C. 574. 
Moreover, no statements, offers of settlement, representations or 
concessions of the parties or opinions expressed by the settlement 
judge will be admissible as evidence in any Commission licensing 
proceeding.


Sec. 1.245  [Amended]

    13. Section 1.245 is amended by removing the phrase ``Review 
Board'' and ``Board'' and adding in their place the word ``Commission'' 
in paragraph (b)(4), removing the word ``Board'' and adding in its 
place the word ``Commission'' in paragraph (b)(5), and removing the 
word ``Board'' and adding in its place the word ``Commission'' in 
paragraph (b)(6).
    14. Section 1.271 is revised to read as follows:


Sec. 1.271  Delegation of review function.

    The Commission may direct, by order or rule, that its review 
function in a case or category of cases be performed by a commissioner, 
or a panel of commissioners, in which event the commissioner or panel 
shall exercise the authority and perform the functions which would 
otherwise have been performed by the Commission under Secs. 1.273 
through 1.282.

    Note: To provide for an orderly completion of cases, exceptions 
and related pleadings filed after March 1, 1996, shall be directed 
to the Commission and will not be acted upon by the Review Board.


Sec. 1.273  [Amended]

    15. Section 1.273 is amended by removing the phrase ``or by the 
Review Board,''.


Sec. 1.277  [Amended]

    16. Section 1.277 is amended by removing the phrase ``or member of 
the Review Board'' in paragraph (f).
    17. Section 1.291 is amended by removing paragraph (a)(2) and 
redesignating paragraphs (a)(3) through (a)(5) as paragraphs (a)(2) 
through (a)(4) and revising new redesignated paragraph (a)(4), by 
removing the phrase ``the Review Board,'' in paragraph (c)(3), and 
revising paragraph (d) and the authority to read as follows:


Sec. 1.291  General provisions.

    (a) * * *
    (4) Each interlocutory pleading shall indicate in its caption 
whether the pleading is to be acted upon by the Commission, the Chief 
Administrative Law Judge, or the presiding officer. If the pleading is 
to be acted upon by the presiding officer, he shall be identified by 
name.
* * * * *
    (d) No initial decision shall become effective under Sec. 1.276(e) 
until all interlocutory matters pending before the Commission in the 
proceeding at the time the initial decision is issued have been 
disposed of and the time allowed for appeal from interlocutory rulings 
of the presiding officer has expired.

(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, 
as amended; 47 CFR 0.61 and 0.283)

    18. The authority following Sec. 1.296 is revised to read as 
follows:


Sec. 1.296  Service.

* * * * *
(Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, 
as amended; 47 CFR 0.61 and 0.283)


Sec. 1.301  [Amended]

    19. Section 1.301(c)(6) is amended by removing the words ``Review 
Board'' and adding in their place the word ``Commission''.
    20. Section 1.302 is amended by removing the phrase ``or the Review 
Board'' in paragraph (b) wherever it occurs and revising paragraph (f) 
to read as follows:


Sec. 1.302  Appeal from presiding officer's final ruling; effective 
date of ruling.

* * * * *
    (f) The Commission will act on the appeal.
* * * * *


Sec. 1.311  [Amended]

    21. Section 1.311(d) is amended by removing the phrase ``the Review 
Board,''.


Sec. 1.1319  [Amended]

    22. Section 1.1319(a)(2) is amended by removing the phrase ``the 
Review Board and/or''.

PART 22--PUBLIC MOBILE SERVICES

    1. The authority citation for Part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, unless otherwise noted.


[[Page 4172]]


    2. Section 22.935(f)(5) is revised to read as follows:


Sec. 22.935  Procedures for comparative renewal proceedings.

* * * * *
    (f) * * *
    (5) Parties will have 30 days in which to file exceptions to the 
Initial Decision.

[FR Doc. 97-1699 Filed 1-28-97; 8:45 am]
BILLING CODE 6712-01-M