[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Rules and Regulations]
[Page 57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27427]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 99-176]


Interception and Recording of Telephone Conversations by 
Commission Personnel

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the rules with respect to the 
interception and recording of telephone conversations by agency 
personnel. The rules are being amended because the current GSA 
regulations have been repealed. The amended rules no longer make 
reference to the GSA regulations and the rule amendments clarify that 
the Inspector General has authority to intercept or monitor telephone 
conversations without obtaining a written authorization from the 
General Counsel.

DATES: Effective October 26, 1999.

FOR FURTHER INFORMATION CONTACT: Sharon Diskin, Office of General 
Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION:
    Adopted: July 13, 1999.
    Released: July 16, 1999.
    1. Sections 0.41(l) and 0.251(f) of our rules, 47 CFR 0.41(l) and 
0.251(f) govern the duties and responsibilities of the Office of 
General Counsel with respect to the interception and recording of 
telephone conversations by agency personnel. The rules currently in 
effect refer to and reflect General Service Administration (GSA) 
regulations regarding the interception of telephone conversations. 
These GSA regulations have been repealed. Because GSA regulations no 
longer contain any specific provisions regarding the manner in which 
government agencies monitor the interception and recording of telephone 
conversations by agency personnel, we are amending our rule to delete 
reference to these regulations. The authority of the Office of the 
General Counsel to issue any necessary written determinations with 
respect to these matters remains generally unchanged. However, because 
the Office of the Inspector General may deem it necessary to intercept 
or monitor telephone conversations in the conduct of audits or 
investigations, the rule amendments clarify that the Inspector General 
has such authority to do so without obtaining a written authorization 
from the Office of General Counsel.
    2. Because these rule changes involve rules of agency organization, 
procedure or practice, prior notice and public comment procedures are 
not required. See 5 U.S.C. 553 (b)(3)(A).
    3. Pursuant to sections 4(i), 4(j), 5(c), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i) and (j), 
155(c) and 303(r), it is hereby ordered that Part 0 of the Commission's 
Rules is amended and effective October 26, 1999.

List of Subjects in 47 CFR Part 0

    Organization and functions (Government agencies), Privacy.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 0 of Title 47 of the Code of Federal Regulations is amended to 
read as follows:

PART 0--COMMISSION 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, 225 
unless otherwise noted.

    2. Section 0.41(k) is revised to read as follows:


Sec. 0.41  Functions of the Office.

* * * * *
    (k) To issue determinations on matters regarding the interception 
and recording of telephone conversations by Commission personnel. 
Nothing in this paragraph, however, shall affect the authority of the 
Inspector General to intercept or record telephone conversations as 
necessary in the conduct of investigations or audits.
* * * * *
    3. Section 0.251(f) is revised to read as follows:


Sec. 0.251  Authority delegated.

* * * * *
    (f) The General Counsel is delegated authority to issue written 
determinations on matters regarding the interception of telephone 
conversations. Nothing in this paragraph, however, shall affect the 
authority of the Inspector General to intercept or record telephone 
conversations as necessary in the conduct of investigations or audits.
* * * * *
[FR Doc. 99-27427 Filed 10-25-99; 8:45 am]
BILLING CODE 6712-01-P