[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Rules and Regulations]
[Page 5950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2864]



[[Page 5950]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 98-136]


Rules To Reflect the Elimination of the Competition Division

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to reflect: the 
elimination of the Competition Division within the Office of General 
Counsel; changes in the functions of the Office of General Counsel and 
Office of Plans and Policy; and a delegation of authority to the Common 
Carrier Bureau to act on applications for determinations of exempt 
telecommunications company status.

EFFECTIVE DATE: February 8, 1999.

FOR FURTHER INFORMATION CONTACT: Rebecca Dorch, Office of Engineering 
and Technology, (202) 418-1868.

SUPPLEMENTARY INFORMATION:
    1. Through this Order, FCC 98-136, adopted June 23, 1998, and 
released June 29, 1998, the Commission eliminates the Competition 
Division of the Office of General Counsel. We conclude that this 
action, and reassignment of the personnel involved, will make more 
effective and efficient use of the Commission's scarce resources.
    2. The implementation of this decision requires amendment of part 0 
of the Commission's rules and regulations. This Order makes the 
necessary revisions and other minor editorial changes in part 0 of the 
Commission's rules. To ensure continuity in the dispatch of the duties 
and functions performed by the Competition Division, certain 
responsibilities and delegations of authority are being reassigned. In 
particular, 47 CFR 0.21 and 0.41 are amended by revising the duties and 
responsibilities of the Office of General Counsel by eliminating 
paragraph (g) of section 0.41 and by transferring from the Office of 
General Counsel to the Office of Plans and Policy the responsibility to 
help ensure that FCC policy encourages and promotes competitive market 
structures by providing bureaus and offices with the necessary support 
to identify, evaluate, and effectively and consistently resolve 
competitiveness issues.
    3. The General Counsel currently has delegated authority, pursuant 
to 47 CFR 0.251(g), 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. See Amendment of 
Part 0 of the Commission's Rules to Delegate Authority to the General 
Counsel to Act Upon Applications for Determination of Exempt 
Telecommunications Company Status, 11 FCC Rcd 22166 (1996) 61 FR 26464, 
May 28, 1996. The Commission has concluded that the effective and 
efficient dispatch of these duties and responsibilities is best ensured 
by delegating such authority to the Common Carrier Bureau.
    4. The amendments adopted herein pertain to agency organization. 
The notice and comment and effective date provisions of the 
Administrative Procedure Act, 5 U.S.C. 553, are therefore inapplicable. 
Authority for the amendments adopted herein is contained in Sections 
4(i), 5(b) and 5(c) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 155(b) and 155(c).
    5. Accordingly, it is ordered, pursuant to authority delegated by 
Commission Order, FCC 98-136, released June 29, 1998, and effective 
upon publication in the Federal Register, that part 0 of the 
Commission's rules and regulations is amended as set forth in the rule 
changes.

List of Subjects in 47 CFR Part 0

    Organization and functions (government agencies).

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

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

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

    2. Section 0.21 is amended by adding a new paragraph (j) to read as 
follows:


Sec. 0.21  Functions of the Office.

* * * * *
    (j) To help ensure that FCC policy encourages and promotes 
competitive market structures by providing bureaus and offices with the 
necessary support to identify, evaluate, and effectively and 
consistently resolve competitiveness issues.


Sec. 0.41  [Amended]

    3. Section 0.41 is amended by removing paragraph (g) and 
redesignating paragraphs (h) through (o) as (g) through (n).


Sec. 0.251  [Amended]

    4. Section 0.251 is amended by removing paragraph (g) and 
redesignating paragraphs (h) and (i) as (g) and (h).
    5. Section 0.304 is added to read as follows:


Sec. 0.304  Authority for determinations of exempt telecommunications 
company status.

    Authority is delegated to the Chief, Common Carrier Bureau 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. 99-2864 Filed 2-5-99; 8:45 am]
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