[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45171-45172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22117]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 97-266]


Compensation of Costs of Mitigating Cuban Interference

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Order removes the Commission's rules implementing Section 
7 of the Radio Broadcasting to Cuba Act: Compensation of Costs of 
Mitigating Cuban Interference because the funding for this activity was 
only authorized for a four year period from the date of the first Radio 
Marti program broadcast, May 20, 1985. Congress has made no further 
appropriations for this activity.

EFFECTIVE DATE: August 26, 1997.

FOR FURTHER INFORMATION CONTACT: Ana Janckson-Curtis, Compliance and 
Information Bureau, (202) 418-1160.

SUPPLEMENTARY INFORMATION: Adopted: July 28, 1997. Released: August 4, 
1997.

    1. This Order removes the provisions listed in Subpart M of Part 1 
of the Commission's Rules, implementing section 7 of the Radio 
Broadcasting to Cuba Act, Pub. L. 98-111, 97 Stat. 749 (1983). This 
subpart includes Sections 1.1701 through 1.1712 of the Commission's 
Rules 47 CFR 1.1701-1.1712.
    2. The Radio Broadcasting to Cuba Act established a domestic radio 
broadcast service to Cuba. Because Congress expected the government of 
Cuba to retaliate for these broadcasts by interfering with or jamming 
U.S. broadcast stations, Congress also adopted Section 7 of the Radio 
Broadcasting to Cuba Act. This provision authorized the Federal 
Communications Commission (FCC) to determine levels of jamming and 
interference to U.S. radio broadcasting stations by Cuba through 
regular monitoring of the 1180 AM frequency. Under Section 7, the 
Commission became responsible for establishing interference measurement 
criteria to assist in settling compensation claims brought by U.S. 
radio broadcasting station licensees for costs incurred in mitigating 
the effects of jamming activities by the Government of Cuba.
    3. To implement Section 7, the Commission adopted regulations 
setting forth the technical standards, requirements and procedures for 
affected broadcast stations to file a claim, and the standards and 
procedures to be used by the FCC staff to verify the level of 
interference received by the stations. Congress specifically stated in 
section 7(e), however, that ``[f]unds appropriated for implementation 
of this section shall be available for a period of no more than four 
years following the initial broadcast occurring as a result of the 
program described in this Act.'' \1\
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    \1\ The amount actually appropriated for ``facilities 
compensation'' was $3,500,000 in 1984, see S. Rep. 98-514, to 
accompany H.R. Bill 5712, 98th Cong. 2nd Sess. The Committee on 
Appropriations noted that it expected to be informed of the need for 
additional funds up to the $5,000,000 authorized.
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    4. The first Radio Marti broadcast occurred on May 20, 1985. Since 
then, Congress has made no further authorization or appropriation of 
funds for the Radio Marti compensation program. \2\ In the 
circumstances, we

[[Page 45172]]

conclude that the compensation program set forth in Section 7 of the 
Radio Broadcasting to Cuba Act has elapsed and, therefore, removal of 
the rules implementing Section 7 of the Radio Broadcasting to Cuba Act 
is warranted. For the same reason, we have removed Section 0.61(g), 47 
CFR 0.61(g), which gave the Mass Media Bureau responsibility for 
processing compensation claims resulting from the Radio Marti 
operations. Similarly, we have deleted OMB control numbers 3060-0344 
and 3060-0345 from the list of OMB control numbers assigned pursuant to 
the Paperwork Reduction Act, Public Law 104-13, and set forth in 
Section 0.408, 47 CFR 0.408. These control numbers identified the 
Commission's forms used to file compensation claims at issue.
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    \2\ Indeed, in 1990, when Congress authorized the TV Marti 
station, Congress debated whether to fund a compensation program for 
broadcasters, and chose not to do so. Instead, Congress specified 
alternative means for resolving any interference problems that would 
result from the establishment of the TV Marti program. For example, 
a task force was established for dealing with interference 
complaints and the FCC was instructed to monitor and report 
objectionable interference to appropriate Congressional committees. 
See Conf. Rep. Foreign Relations Authorization Act, Fiscal Years 
1990 and 1991, 101 Cong. 1st Sess., Rep. 101-343. Congress also 
authorized the FCC to make technical changes to resolve interference 
to affected stations. See S. Rep. No. 46, 101st Cong., 1st Sess., 41 
(1989).
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    5. Because this order will remove rules which are no longer 
authorized by a statute, this change constitutes a minor amendment to 
our rules. The expiration of Congress' authorization to carry out the 
compensation program makes the removal of the rules implementing the 
compensation program a ministerial function. Therefore, we find for 
good cause that compliance with the notice and comment procedure of the 
Administrative Procedure Act is unnecessary and that this action is not 
subject to the thirty day effective period required by section 553(d) 
of the Administrative Procedure Act, 5 U.S.C. Sec. 553(d). Accordingly, 
this Order is effective immediately upon publication in the Federal 
Register. (See 5 U.S.C. Sec. 553(b)(B)).
    6. Accordingly, it is ordered, that pursuant to Sections 4(i), 
4(j), and 303(r) of the Communications Act, 47 U.S.C. Secs. 154(i), 
154(j), 303(r), 47 CFR part 1, is amended to remove Subpart M, which 
consists of Sections 1.1701 through 1.1712.
    7. It is further ordered that this Order will be effective on 
August 26, 1997.
    8. Further information on this proceeding may be obtained by 
contacting Ana Janckson-Curtis, Compliance and Information Bureau, at 
(202) 418-1160.

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

Rule Changes

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

PART 0--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.


Sec. 0.61  Functions of the Bureau.

    2. Section 0.61 is amended by removing and reserving paragraph (g).


Sec. 0.408  OMB control number and expiration dates assigned pursuant 
to the Paperwork Reduction Act.

    3. Section 0.408 is amended by removing the entries for OMB Control 
Nos. 3060-0344 and 3060-0345.

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154, 207, 303, and 309(j), unless 
otherwise noted.

    5. Subpart M of part 1, consisting of Secs. 1.1701 through 1.1712, 
is removed and reserved.

[FR Doc. 97-22117 Filed 8-25-97; 8:45 am]
BILLING CODE 6712-01-P