[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Rules and Regulations]
[Pages 60715-60726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28984]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 21, 27, 68, and 90
[FCC 99-172]
Establishment of the Enforcement and Consumer Information Bureaus
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rules to promote a more
efficient and effective organizational structure. The Commission has
concluded that the proper dispatch of its business and the public
interest will best be served by consolidating enforcement and consumer
information functions into an Enforcement Bureau and a Consumer
Information Bureau, respectively. The Commission also eliminates the
Compliance and Information Bureau and the Office of Public Affairs and
creates a small Office of Media Relations that will serve as the
Commission's liaison with the news media and manage the agency's
internet site.
DATES: Effective November 8, 1999.
FOR FURTHER INFORMATION CONTACT: Doreen McCarthy, 202-418-0795.
SUPPLEMENTARY INFORMATION: To promote a more efficient and effective
organizational structure, the Commission has concluded that the proper
dispatch of its business and the public interest will best be served by
consolidating enforcement and consumer information functions into an
Enforcement Bureau and a Consumer Information Bureau, respectively, and
by eliminating the Compliance and Information Bureau. In the Order
adopted July 12, 1999 and released October 27, 1999, we amend the
Commission's Rules to reflect the creation of the new Bureaus, describe
their functions and delegated authority and to make other conforming
changes. We also note that the new Bureaus will have delegated
authority to act on petitions for reconsideration of decisions of their
predecessor Bureaus or Offices on matters within the scope of their
relevant delegated authority. The Order also eliminates the Office of
Public Affairs and creates a small Office of Media Relations that will
serve as the Commission's liaison with the news media and manage the
agency's internet site.
Authority for the adoption of the foregoing revisions is contained
in Sections 4(i), 4(j), 5(b), 5(c), 201(b) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j),
155(b), 201(b) and 303(r).
The amendments adopted herein pertain to agency organization,
procedure and practice. Consequently, the notice and comment provision
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) is
inapplicable.
Accordingly, it is ordered that Parts 0, 1, 21, 27, 68 and 90 of
the Commission's Rules, set forth in Title 47 of the Code of Federal
Regulations, are amended effective November 8, 1999.
List of Subjects
47 CFR Part 0
Organizations and functions (Government agencies).
47 CFR Part 1
Communications common carriers, Telecommunications.
47 CFR Part 21
Radio.
47 CFR Part 27
Communications common carriers.
47 CFR Part 68
Communications equipment, Telephone.
47 CFR Part 90
Common carriers, Radio.
[[Page 60716]]
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Parts 0, 1, 21, 27, 68 and 90 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: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
2. Section 0.5 is amended by revising paragraph (a) to read as
follows:
Sec. 0.5 General description of Commission organization and
operations.
(a) Principal staff units. The Commission is assisted in the
performance of its responsibilities by its staff, which is divided into
the following principal units:
(1) Office of Managing Director.
(2) Office of Engineering and Technology.
(3) Office of General Counsel.
(4) Office of Plans and Policy.
(5) Office of Media Relations.
(6) Office of Legislative Affairs.
(7) Office of Inspector General.
(8) Office of Communications Business Opportunities.
(9) Office of Administrative Law Judges.
(10) Common Carrier Bureau.
(11) Wireless Telecommunications Bureau.
(12) International Bureau.
(13) Cable Services Bureau.
(14) Mass Media Bureau.
(15) Enforcement Bureau.
(16) Consumer Information Bureau.
* * * * *
3. The undesignated centerheading immediately preceding Sec. 0.15
is revised to read as follows:
Office of Media Relations
4. Section 0.15 is revised to read as follows:
Sec. 0.15 Functions of the Office.
(a) Enhance public understanding of and compliance with the
Commission's regulatory requirements through dissemination of
information to the news media.
(b) Act as the principal channel for communicating information to
the news media on Commission policies, programs, and activities.
(c) Advise the Commission on information dissemination as it
affects liaison with the media.
(d) Manage the FCC's Internet site and oversee the agency's Web
standards and guidelines.
(e) Maintain liaison with the Consumer Information Bureau on press
and media issues concerning consumer assistance and information
including informal consumer complaints.
5. Section 0.17 is amended by adding paragraph (g) to read as
follows:
Sec. 0.17 Functions of the Office.
* * * * *
(g) Coordinate with the Consumer Information Bureau on issues
involving informal consumer complaints and other general inquiries by
consumers.
6. Section 0.31 is amended by adding paragraph (n) to read as
follows:
Sec. 0.31 Functions of the Office.
* * * * *
(n) To assist the Consumer Information Bureau on issues involving
informal consumer complaints and other general inquiries by consumers.
7. Section 0.51 is amended by adding paragraph (s) to read as
follows:
Sec. 0.51 Functions of the Bureau.
* * * * *
(s) To assist the Consumer Information Bureau on issues involving
informal consumer complaints and other general inquiries by consumers.
8. Section 0.61 is amended by removing and reserving paragraph (c),
revising paragraph (f) and adding paragraph (g) to read as follows:
Sec. 0.61 Functions of the Bureau.
* * * * *
(f) Handle equal employment opportunity enforcement and political
broadcasting and fairness doctrine complaints involving broadcast
stations, cable operators and other multichannel video program
distributors.
(g) To assist the Consumer Information Bureau on issues involving
informal consumer complaints and other general inquiries by consumers.
* * * * *
9. Section 0.91 is amended by revising paragraphs (a), (c) and (h)
to read as follows:
Sec. 0.91 Functions of the Bureau.
* * * * *
(a) Advises and makes recommendations to the Commission, or acts
for the Commission under delegated authority, in matters pertaining to
the regulation and licensing of communication common carriers and
ancillary operations (other than matters pertaining exclusively to the
regulation and licensing of wireless telecommunications services and
facilities). This includes: Policy development and coordination;
adjudicatory and rule making proceedings, including rate and service
investigations; determinations regarding lawfulness of carrier tariffs;
action on applications for service and facility authorizations; review
of carrier performance; economic research and analysis; administration
of Commission accounting and reporting requirements; compliance and
enforcement activities not otherwise within the responsibility of the
Enforcement Bureau; and any matters concerning wireline carriers that
also affect wireless carriers in cooperation with the Wireless
Telecommunications Bureau.
* * * * *
(c) Advises and assists the public, other government agencies and
industry groups on wireline common carrier regulation and related
matters. Also assists the Consumer Information Bureau with informal
consumer complaints and other general inquiries by consumers regarding
wireline common carrier regulation and related matters.
* * * * *
(h) Administers the Telecommunications Service Priority System with
the concurrence of the Enforcement Bureau, and resolves matters
involving assignment of priorities and other issues pursuant to part 64
of this chapter.
* * * * *
10. Section 0.101 is amended by revising paragraph (d) to read as
follows:
Sec. 0.101 Functions of the Bureau.
* * * * *
(d) Advises and assists, the public, other government agencies and
industry groups. Also assists the Consumer Information Bureau with
informal consumer complaints and other general inquiries by consumers
regarding cable regulations and related matters.
* * * * *
11. The undesignated centerheading immediately preceding Sec. 0.111
is revised to read as follows:
Enforcement Bureau
12. Section 0.111 is revised to read as follows:
Sec. 0.111 Functions of the Bureau.
(a) Serve as the primary Commission entity responsible for
enforcement of the Communications Act and other communications
statutes, the Commission's rules, Commission orders and Commission
authorizations, other than matters that are addressed in the
[[Page 60717]]
context of a pending application for a license or other authorization
or in the context of administration, including post-grant
administration, of a licensing or other authorization or registration
program.
(1) Resolve complaints, including complaints filed under section
208 of the Communications Act, regarding acts or omissions of common
carriers (wireline, wireless and international).
Note to paragaph (a)(1): The Consumer Information Bureau has
primary responsibility for informally resolving individual informal
complaints from consumers against common carriers (wireline,
wireless and international) and against other wireless licensees,
and informal consumer complaints involving access to
telecommunications services and equipment for persons with
disabilities. The Common Carrier Bureau has primary responsibility
regarding compliance with common carrier accounting and related
requirements, including those imposed under section 220 of the
Communications Act, and complaints regarding connection of equipment
to the telephone network under part 68 of the Commission's rules.
The International Bureau has primary responsibility for complaints
regarding international settlements rules and policies. The Cable
Services Bureau has primary responsibility for pole attachment
complaints under section 224 of the Communications Act.
(2) Resolve complaints regarding acts or omissions of non-common
carriers subject to the Commission's jurisdiction under Title II of the
Communications Act and related provisions, including complaints against
aggregators under section 226 of the Communications Act and against
entities subject to the requirements of section 227 of the
Communications Act.
Note to paragraph (a)(2): The Consumer Information Bureau has
primary responsibility for informally resolving individual informal
complaints from consumers against non-common carriers subject to the
Commission's jurisdiction under Title II of the Communications Act
and related provisions, other than complaints involving access to
communications services and equipment for persons with disabilities.
(3) Resolve formal complaints regarding accessibility to
telecommunications services and equipment for persons with
disabilities, including complaints filed pursuant to sections 225 and
255 of the Communications Act.
(4) Resolve complaints regarding radiofrequency interference and
complaints regarding radiofrequency equipment and devices, including
complaints of violations of sections 302 and 333 of the Communications
Act.
Note to paragraph (a)(4): The Cable Services Bureau has shared
responsibility for cable signal leakage complaints and the Office of
Engineering and Technology has shared responsibility for
radiofrequency equipment and device complaints.
(5) Resolve complaints regarding compliance with the Commission's
Emergency Alert System rules.
(6) Resolve complaints regarding the lighting and marking of radio
transmitting towers under section 303(q) of the Communications Act.
Note to paragraph (a)(6): The Wireless Telecommunications Bureau
has responsibility for administration of the tower registration
program.
(7) Resolve complaints regarding compliance with statutory and
regulatory provisions regarding indecent communications subject to the
Commission's jurisdiction.
(8) Resolve complaints regarding the broadcast and cable television
children's television programming commercial limits contained in
section 102 of the Children's Television Act.
Note to paragraph (a)(8): The Mass Media Bureau has
responsibility for enforcement of these limits in the broadcast
television renewal context.
(9) Resolve complaints regarding unauthorized construction and
operation of communications facilities, including complaints of
violations of section 301 of the Communications Act.
(10) Resolve complaints regarding false distress signals under
section 325(a) of the Communications Act.
(11) Resolve other complaints against Title III licensees and
permittees.
Note to paragraph (a)(11): The Mass Media Bureau has primary
responsibility for complaints regarding children's television
programming requirements, and for political and related programming
matters and equal employment opportunity matters involving
broadcasters, cable operators and other multichannel video
programming distributors. The relevant licensing Bureau has primary
responsibility for complaints involving tower siting and the
Commission's environmental rules. The Cable Services Bureau has
primary responsibility for complaints regarding the Commission's
Cable Antenna Relay Service rules.
(12) Resolve complaints regarding other matters assigned to it by
the Commission, matters that do not fall within the responsibility of
another Bureau or Office or matters that are determined by mutual
agreement with another Bureau or Office to be appropriately handled by
the Enforcement Bureau.
(13) Identify and analyze complaint information, conduct
investigations, conduct external audits and collect information,
including pursuant to sections 218, 308(b), 403 and 409(e) through (k)
of the Communications Act, in connection with complaints, on its own
initiative or upon request of another Bureau or Office.
(14) Issue or draft orders taking or recommending appropriate
action in response to complaints or investigations, including, but not
limited to, admonishments, damage awards where authorized by law or
other affirmative relief, notices of violation, notices of apparent
liability and related orders, notices of opportunity for hearing
regarding a potential forfeiture, hearing designation orders, orders
designating licenses or other authorizations for a revocation hearing
and consent decrees. Issue or draft appropriate orders after a hearing
has been terminated by an Administrative Law Judge on the basis of
waiver. Issue or draft appropriate interlocutory orders and take or
recommend appropriate action in the exercise of its responsibilities.
(15) Encourage cooperative compliance efforts.
(16) Mediate and settle disputes.
(17) Provide information regarding pending complaints, compliance
with relevant requirements and the complaint process, where appropriate
and to the extent the information is not available from the Consumer
Information Bureau or other Bureaus and Offices.
(18) Exercise responsibility for rulemaking proceedings regarding
general enforcement policies and procedures.
(19) Advise the Commission or responsible Bureau or Office
regarding the enforcement implications of existing and proposed rules.
(20) Serve as the primary point of contact for coordinating
enforcement matters, including market and consumer enforcement matters,
with other federal, state and local government agencies, as well as
with foreign governments after appropriate consultation, and provide
assistance to such entities. Refer matters to such entities, as well as
to private sector entities, as appropriate.
(b) Serve as trial staff in formal hearings conducted pursuant to 5
U.S.C. 556 regarding applications, revocation, forfeitures and other
matters designated for hearing.
(c) Under the general direction of the Defense Commissioner,
coordinate the defense activities of the Commission and provide support
to the Defense Commissioner with respect to his or her participation in
the Joint Telecommunications Resources Board, and the National Security
Telecommunications Advisory Committee and other organizations.
Recommend national emergency plans
[[Page 60718]]
and preparedness programs covering Commission functions during national
emergency conditions. Support the Chief of the Common Carrier,
International and Wireless Telecommunications Bureaus on matters
involving assignment of Telecommunications Service Priority System
priorities and in administration of that system. The Chief, Enforcement
Bureau, or that person's designee, acts as FCC Alternate Defense
Coordinator and principal to the National Communications System.
Perform such alternate functions as may be delegated during a national
emergency or following activation of the President's war emergency
powers as specified in section 706 of the Communications Act.
(d) In coordination with the International Bureau, participate in
international conferences dealing with monitoring and measurement;
serve as the point of contact for the U.S. Government in matters of
international monitoring, fixed and mobile direction-finding and
interference resolution; and oversee coordination of non-routine
communications and materials between the Commission and international
or regional public organizations or foreign administrations.
(e) In conjunction with the Office of Engineering and Technology,
work with technical standards bodies.
(f) Administer the Commission's Emergency Alert System. Be
responsible for rulemakings involving the Emergency Alert System.
(g) Oversee the Commission's privatized ship radio safety
inspection program.
(h) Have authority to rule on emergency requests for Special
Temporary Authority during non-business hours.
(i) Provide field support for, and field representation of, the
Bureau, other Bureaus and Offices and the Commission. Coordinate with
other Bureaus and Offices as appropriate.
(j) Handle congressional and other correspondence relating to or
requesting specific enforcement actions, specific complaints or other
specific matters within the responsibility of the Bureau, to the extent
not otherwise handled by the Consumer Information Bureau, the Office of
General Counsel (impermissible ex parte presentations) or another
Bureau or Office.
(k) Have authority to issue non-hearing related subpoenas for the
attendance and testimony of witnesses and the production of books,
papers, correspondence, memoranda, schedules of charges, contracts,
agreements, and any other records deemed relevant to the investigation
of matters within the responsibility of the Bureau. Before issuing a
subpoena, the Enforcement Bureau shall obtain the approval of the
Office of General Counsel.
(l) Perform such other functions as may be assigned or referred to
it by the Commission.
13. Section 0.121 is amended by revising paragraph (a) as follows:
Sec. 0.121 Location of field installations.
(a) Field offices are located throughout the United States. For the
address and phone number of the closest office contact the Enforcement
Bureau or see the U.S. Government Manual.
* * * * *
14. Section 0.131 is amended by revising paragraphs (a), (h) and
(i) to read as follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(a) Advises and makes recommendations to the Commission, or acts
for the Commission under delegated authority, in all matters pertaining
to the licensing and regulation of wireless telecommunications,
including ancillary operations related to the provision or use of such
services; and any matters concerning wireless carriers that also affect
wireline carriers in cooperation with the Common Carrier Bureau. These
activities include: policy development and coordination; conducting
rulemaking and adjudicatory proceedings, including licensing and
complaint proceedings for matters not within the responsibility of the
Enforcement Bureau; acting on waivers of rules; acting on applications
for service and facility authorizations; compliance and enforcement
activities for matters not within the responsibility of the Enforcement
Bureau; determining resource impacts of existing, planned or
recommended Commission activities concerning wireless
telecommunications, and developing and recommending resource deployment
priorities.
* * * * *
(h) Develops and recommends policies, programs and rules to ensure
interference-free operation of wireless telecommunications equipment
and networks. Coordinates with and assists other Bureaus and Offices,
as appropriate, concerning spectrum management, planning, and
interference matters and issues, and in compliance and enforcement
activities. Studies technical requirements for equipment for wireless
telecommunications services in accordance with standards established by
the Chief, Office of Engineering and Technology.
(i) Advises and assists consumers, businesses and other government
agencies on wireless telecommunications issues and matters related
thereto. Also assists the Consumer Information Bureau with informal
consumer complaints and other general inquiries by consumers regarding
cable regulations and related matters.
* * * * *
15. Add an undesignated center heading and 0.141 to read as
follows:
Consumer Information Bureau
Sec. 0.141 Functions of the Bureau.
(a) Serve as the primary Commission entity responsible for
communicating information to the general public regarding Commission
policies, programs, and activities. Develop, recommend, coordinate and
administer the Commission's consumer information program to enhance the
public's understanding of and compliance with the Commission's
regulatory requirements.
(1) Provide a single source ``one-stop'' shop or ``FCC General
Store'' for handling general inquiries and informally resolving
individual informal consumer complaints for the Commission.
(2) Provide information to the public on the Commission's policies,
goals, objectives, and regulatory requirements in order to facilitate
public participation in the Commission's decision-making processes.
(3) Plan, develop, and implement, in coordination with Bureaus and
Offices, a Commission wide strategic information plan. Collect and
analyze information received in the Bureau from incoming informal
consumer complaints and inquiries, consumer forums, and other industry
sources and act as an early warning system to alert the Commissioners
and the other Bureaus and Offices of areas of concern or interest.
(4) In conjunction with appropriate Bureaus and Offices, conduct
consumer forums to educate the public about important Commission
regulatory programs and to solicit public feedback about the work of
the Commission.
(5) In coordination with the Managing Director's Office, provide
objectives and evaluation methods for the public information portions
of the Agency's Government Performance and Results Act (GPRA)
submissions and other Agency-wide strategic planning efforts.
(6) Provide expert advice and assistance to Bureaus and Offices
[[Page 60719]]
regarding compliance with accessibility requirements.
(7) Provide accessible formats for distribution of Commission
material for use by individuals with disabilities, and ensure that
individuals with disabilities have access to Commission processes in
accordance with Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. 794.
(8) Develop and issue, in conjunction with appropriate Bureaus and
Offices, consumer alerts and public service announcements to give
consumers information about their rights and information to protect
themselves from unscrupulous individuals and firms.
(9) Exercise responsibility for rulemaking proceedings regarding
general consumer education policies and procedures, and any other
related issues, as appropriate.
(b) Provide consumers with timely, up-to-date, and accurate
information promptly and professionally, in a format that is most
convenient to the consumer through the use of an integrated telephone,
TTY, e-mail, web site, and correspondence center.
(1) Provide informal resolution of individual informal consumer
complaints in accord with the Bureau's delegated authority (except
those complaints filed regarding accessibility to communications
services and equipment for persons with disabilities, including
complaints filed pursuant to sections 225, 255, and 713 of the
Communications Act, which are handled by the Enforcement Bureau.)
(i) Complete an electronic complaint form at the request of
consumers and assist consumers with informal resolution of their
complaints through service, facilitation, and informal resolution to
address consumer-oriented problems.
(ii) Mediate and settle disputes in informal complaints as
appropriate.
(2) Develop and implement approaches and delivery mechanisms to
increase productivity and continuously improve service to consumers.
Develop partnership with other federal, state, and local governments
and industry in order to establish mechanisms to quickly address
informal consumer complaints and issues.
(3) Identify and refer new, novel and/or hot consumer issues to the
appropriate Commission Bureau or Office.
(4) Prepare and distribute information and documents of interest to
consumers regarding their rights under applicable law.
(5) In coordination with other Bureaus and Offices, handle
Congressional and other correspondence related to specific informal
consumer complaints, or other specific matters within the
responsibility of the Bureau, to the extent not otherwise handled by
the Office of General Counsel (impermissible ex parte presentations) or
another Bureau or Office.
(c) Develop, plan, coordinate and operate the consolidated
reference and research services center to ensure accessibility of the
files and record systems for the public and Commission staff.
(1) Serve as the official FCC record custodian for designated
records to include intake processing, organization and file
maintenance, reference services, retirement, and retrieval of these
records. Responsible for managing and maintaining the Electronic
Comment Filing System.
(2) Certify records for adjudicatory and court proceedings.
(3) Convene periodic user group meetings to assist in defining
requirements for automated reference and research services.
(4) Maintain files for Informal Consumer Complaints, Broadcast
Ownership, AM/FM/TV, TV Translators, FM Translators, Cable TV,
Wireless, Auction and Common Carrier Tariff and other public record
systems in a current state by receiving, reviewing, and filing
applications, authorizations, correspondence, technical data and other
materials in accordance with established procedures and time frames.
Maintain for public inspection Time Brokerage and Affiliation
Agreements.
(5) Provide the public and the Commission staff prompt access to
manual/computerized records and filing systems.
(6) Maintain court citation file and legislative histories
concerning telecommunications dockets.
(d) Manage the Bureau's computer hardware, software, and database
systems, such as the Bureau's Internet site, consumer information
network systems, and the electronic comment filing system. Responsible
for all design, systems development, presentation development,
accessibility and coordination with the Chairman, Commissioners, and
other Bureaus and Offices to ensure complete, timely, and accurate
coverage of Bureau activities and Commission publications.
(1) Participate with the Internet Working Group to set standards
and develop guidelines that govern the FCC Internet practices and
procedures. Keep abreast of new developments and provide expert advice
on how to attain new goals.
(2) In consultation with, and assisted by the Managing Director's
Office, identify the role of the Information Technology Center in
supporting the hardware, software, and systems needs of the Bureau.
(3) Provide leadership to Bureaus and Offices for dissemination of
consumer information via the Internet.
(4) Coordinate with other Bureaus and Offices to develop and
maintain Commission-wide databases for dissemination of consumer
information and related documents.
(5) Provide technology and automation support to the Bureau to
ensure smooth operation of daily business and ongoing work. Purchase,
install and monitor use of new technology. Provide training as
appropriate.
(6) Determine need for, develop statements of work, recommend,
implement and manage automated information systems, electronic filing
systems, telephone systems, electronic and document management systems.
(e) Develop, recommend, and implement policies, goals, and
objectives to solicit public input in Commission policy-making
proceedings to ensure that the Commission has the benefit of a wide
spectrum of information and viewpoints in its decision-making
processes.
(1) In coordination with the Commission's Bureaus and Offices,
maintain liaison with consumer organizations and governmental agencies
concerned with FCC regulatory activities to ensure a continuing
exchange of views and information.
(2) Conduct consumer forums to educate the public about important
Commission regulatory programs and to solicit public feedback from
consumers and to encourage more public participation in the work of the
Commission.
(3) Develop and maintain special databases for mailing, e-mailing,
and sending facsimile material to groups affected by commission
actions.
(4) Arrange briefings and seminars for educational institutions,
consumer organizations or other groups interested in the operations of
the Commission.
(5) In coordination with Bureaus and Offices, implement an informal
work group for information sharing purposes to ensure coordination on
all consumer information and outreach projects.
(6) Advise and assist the Chairman, Commissioners, and the Bureaus
and Offices regarding public participation on consumer information/
education matters.
(7) Exercise responsibility for rulemaking proceedings regarding
[[Page 60720]]
general consumer education policies and procedures and related matters.
(f) Plan, develop and implement, in coordination with Bureaus and
Offices, a Commission-wide strategic information plan.
(1) Develop and establish a coordinated information collection and
validation process with bureaus and offices to ensure accuracy and
validity of information disseminated by the Bureau.
(2) Collect and analyze information received in the Bureau from
incoming consumer complaints and inquiries, consumer forums, and other
industry sources and act as an early warning system to alert the
Commissioners and the other Bureaus and Offices of areas of concern or
interest.
(3) Promote within the Commission an increased understanding of the
concerns and viewpoints of the public through formal and informal
coordinating procedures to ensure prompt service to the public who seek
information about FCC proceedings and policies, and who seek assistance
in participating in Commission activities.
(4) Oversee the graphics arts program for the Bureau. In
coordination with other Bureaus and Offices, produce audio and video
consumer alerts and public service announcements for dissemination to
the public.
(5) In consultation with the Managing Director's Office, provide
objectives and evaluation methods for the public information portion of
the Agency's Government Performance and Results Act (GPRA) submissions
an other Agency-wide strategic planning efforts.
(6) Ensure that alternative formats of Commission materials are
available to Commission employees, Bureaus, Offices and members of the
public. Develop a library of commonly requested materials on disability
issues, and issues of interest to all consumers. Provide other
Commission materials in alternative formats, upon request. Materials
will be available in Braille, audio cassette, large print, computer
diskette and CD-ROM.
(g) Appoint a Rehabilitation Act Officer with full authority to
oversee FCC compliance with the requirements of the Rehabilitation Act
of 1973 (29 U.S.C. 794), and to provide direction and assistance on all
associated activities and initiatives to other Bureaus and Offices.
Note to paragraph (g): Responsibility for implementing section
501 requirements of the Rehabilitation Act are assigned to the
Office of Workplace Diversity. Responsibility for implementing
section 504 requirements of the Rehabilitation Act are assigned to
the Disability Rights Office. Responsibility for implementing
section 508 requirements are assigned to the Office of the Managing
Director.
(1) Coordinate with appropriate Bureau/Office experts to provide
technical assistance on all accessibility related rules/proceedings.
Coordinate with Disability and Business Technical Assistance Center's
(DBTAC's) and represent the Commission on rehabilitation and
accessibility related committees, working groups, and at associated
conferences. Coordinate TTY directory publishing as required by the
Telecommunications Accessibility Enhancement Act.
(2) Coordinate with Bureaus and Offices to develop recommendations
and propose policies to ensure that telecommunications and mass media
are accessible to persons with disabilities. Review relevant agenda
items and other documents prepared by Bureaus or Offices to ensure that
the documents are in conformance with existing disability laws and
policies and that they support the Commission's goal of increasing
accessibility of communications services and technologies for persons
with disabilities. Provide expert advice on issues relevant to persons
with disabilities. Initiate rulemaking proceedings as appropriate.
(3) Provide advice and assistance, as required, to other Bureaus as
appropriate, on the requirements of the Americans with Disabilities Act
(ADA), the Rehabilitation Act, and the Communications Act, including
sections 255 and 713 and enforcement activities related to
accessibility.
(4) Develop specialized disability outreach efforts to include
postings on the Commission's web sites and maintaining an electronic
disability outreach list and resource library of disability literature,
including articles, publications and newsletters.
(5) Monitor legal developments affecting persons with disabilities
by reviewing court and Commission decisions, professional publications,
and trade press, and by researching legislation, decisions, opinions
and regulation.
(6) Manage the Disabilities Issues Task Force and associated
working groups.
(7) Coordinate training opportunities for Commission employees on
accessibility issues.
(h) Perform such other functions as may be assigned or referred to
the Bureau by the Commission.
16. Section 0.181 is amended by revising the introductory text and
paragraphs (c), (d) and (h) to read as follows:
Sec. 0.181 The Defense Commissioner.
The Defense Commissioner is designated by the Commission. The
Defense Commissioner directs the defense activities of the Commission
and has the following duties and responsibilities:
* * * * *
(c) To act as the Defense Coordinator in representations with other
agencies with respect to planning for the continuity of the essential
functions of the Commission under emergency conditions.
(d) To serve as a member of the Joint Telecommunications Resources
Board (JTRB).
* * * * *
(h) To approve national emergency plans and develop preparedness
programs covering: provision of service by common carriers;
broadcasting and cable facilities, satellite and the wireless radio
services; radio frequency assignment; electromagnetic radiation;
investigation and enforcement.
* * * * *
17. Section 0.182 is revised to read as follows:
Sec. 0.182 Chief, Enforcement Bureau.
(a) Recommends national emergency plans and preparedness programs
covering: Provision of service by common carriers, broadcasting and
cable facilities, satellite and the wireless radio services; radio
frequency assignment; electro-magnetic radiation; investigation and
enforcement.
(b) Acts as Alternate Defense Coordinator in representations with
other agencies with respect to planning for the continuity of the
essential functions of the Commission under emergency conditions.
(c) Coordinates the FCC's responsibilities under the Interagency
Advisory Group (IAG) of the Federal Emergency Management Agency.
(d) Provides administrative support for the National Advisory
Committee (NAC) on Emergency Alert System (EAS) issues.
(e) Keeps the Defense Commissioner informed as to significant
developments in the field of emergency preparedness and related defense
activities.
(f) Coordinates the FCC's responsibilities under the Federal
Response Plan, Catastrophic Disaster Response Group (CDRG) administered
by the Federal Emergency Management Agency (FEMA).
(g) Serves as the FCC's representative on the National
Communications System's Committees.
(h) Under the general direction of the Defense Commissioner
coordinates the
[[Page 60721]]
National Security and Emergency Preparedness (NSEP) activities of the
Commission including Continuity of Government Planning, the Emergency
Alert System (EAS) and other functions as may be delegated during a
national emergency or activation of the President's war emergency
powers as specified in section 706 of the Communications Act. Maintains
liaison with FCC Bureaus/Offices, represents the Defense Commissioner
with other Government agencies and organizations, the
telecommunications industry and FCC licensees on NSEP matters; and, as
requested, represents the Commission at NSEP meetings and conferences.
(i) Is authorized to declare that a temporary state of
communications emergency exists pursuant to Sec. 97.401(c) of this
chapter and to act on behalf of the Commission with respect to the
operation of amateur stations during such temporary state of
communications emergency.
Sec. 0.183 [Removed]
18. Remove Sec. 0.183.
Sec. 0.185 [Amended]
19. In Sec. 0.185(a), (b) and the introductory text, remove the
words ``Chief, Compliance and Information Bureau'' and add, in their
place, the words ``Chief, Enforcement Bureau.''
20. Section 0.261 is amended by revising paragraph (a)(15) to read
as follows:
Sec. 0.261 Authority delegated.
(a) * * *
(15) To interpret and enforce rules and regulations pertaining to
matters under its jurisdiction and not within the jurisdiction of the
Enforcement Bureau.
* * * * *
21. Section 0.284 is amended by revising paragraphs (a)(1) and
(a)(4) to read as follows:
Sec. 0.284 Actions taken under delegated authority.
(a) * * *
(1) Complaints arising under section 315 of the Communications
Act--Office of General Counsel.
* * * * *
(4) Matters involving emergency communications, including the
issuance of Emergency Alert System Authorizations (FCC Form 392)--
Enforcement Bureau.
* * * * *
22. Section 0.285 is revised to read as follows:
Sec. 0.285 Record of actions taken.
The history card, the station file, and other appropriate files are
designated to be the official records of action taken by the Chief of
the Mass Media Bureau. The official records of action are maintained in
the Reference Information Center in the Consumer Information Bureau.
23. Section 0.302 is revised to read as follows:
Sec. 0.302 Record of actions taken.
The application and authorization files are designated as the
Commission's official records of action of the Chief, Common Carrier
Bureau pursuant to authority delegated to the Chief. The official
records of action are maintained in the Reference Information Center in
the Consumer Information Bureau.
24. The undesignated centerheading immediately preceding Sec. 0.311
is revised to read as follows:
Enforcement Bureau
25. Section 0.311 is revised to read as follows:
Sec. 0.311 Authority delegated.
The Chief, Enforcement Bureau, is delegated authority to perform
all functions of the Bureau, described in Sec. 0.111, provided that:
(a) The following matters shall be referred to the Commission en
banc for disposition:
(1) Notices of proposed rulemaking and of inquiry and final orders
in such proceedings.
(2) Applications for review of actions taken pursuant to delegated
authority.
(3) Matters that present novel questions of law, fact or policy
that cannot be resolved under existing precedents and guidelines.
(4) Forfeiture notices and forfeiture orders if the amount is more
than $100,000 in the case of common carriers or more than $25,000 in
the case of all other persons or entities.
(5) Orders concluding an investigation under section 208(b) of the
Communications Act and orders addressing petitions for reconsideration
of such orders.
(b) Action on complaints regarding compliance with section 705(a)
of the Communications Act shall be coordinated with the Office of
General Counsel.
(c) Action on emergency requests for Special Temporary Authority
during non-business hours shall be promptly reported to the responsible
Bureau.
Note to paragraph (c): See also Sec. 0.182 of this chapter.
26. Section 0.314 is revised to read as follows:
Sec. 0.314 Additional authority delegated.
The Regional Director, Deputy Regional Director, District Director
or Resident Agent at each installation is delegated authority to act
upon applications, requests, or other matters, which are not in hearing
status, and direct the following activities necessary to conduct
investigations or inspections:
(a) On informal requests from broadcast stations to extend
temporary authority for operation without monitors, plate ammeter,
plate volmeter, base current meter, common point meter, and
transmission line meter from FM and television stations.
(b)(1) Extend the Communications Act Safety Radiotelephony
Certificate for a period of up to 90 days beyond the specified
expiration date.
(b)(2) Grant emergency exemption requests, extensions or waivers of
inspection to ships in accordance with applicable provisions of the
Communications Act, the Safety Convention, the Great Lakes Agreement or
the Commission's rules.
(c) To act on and make determinations on behalf of the Commission
regarding requests for assignments and reassignments of priorities
under the Telecommunications Service Priority System, Part 64 of the
rules, when circumstances require immediate action and the common
carrier seeking to provide service states that it cannot contact the
National Communications System or the Commission office normally
responsible for such assignments.
(d) Require special equipment and program tests during inspections
or investigations to determine compliance with technical requirements
specified by the Commission.
(e) Require stations to operate with the pre-sunrise and nighttime
facilities during daytime hours in order that an inspection or
investigation may be made by an authorized Commission representative to
determine operating parameters.
(f) Issuance of notices and orders to operators of industrial,
scientific, and medical (ISM) equipment, as provided in Sec. 18.115 of
this chapter.
(g) Requests for permission to resume operation of ISM equipment on
a temporary basis, as provided by Sec. 18.115 of this chapter, and
requests for extensions of time within which to file final reports, as
provided by Sec. 18.117 of this chapter.
(h) Issuance of notices and orders to operators of Part 15 devices,
as provided in Sec. 15.5 of this chapter.
(i) Issuance of notices and orders to cable operators of harmful
interference to radio communications services involving safety
services, as provided in Sec. 76.613 of this chapter.
[[Page 60722]]
(j) When deemed necessary by the District Director or Resident
Agent of a Commission field facility to assure compliance with the
Rules, a station licensee shall maintain a record of such operating and
maintenance records as may be necessary to resolve conditions of
interference or deficient technical operation.
27. Section 0.317 is revised to read as follows:
Sec. 0.317 Record of action taken.
The application, authorization, and other appropriate files of the
Enforcement Bureau are designated as the Commission's official records
of action taken pursuant to authority delegated under Secs. 0.311 and
0.314, and shall constitute the official Commission minutes entry of
such actions. The official records of action are maintained in the
Reference Information Center in the Consumer Information Bureau.
28. Section 0.332 is amended by removing and reserving paragraph
(a) and revising paragraphs (b) and (c) to read as follows:
Sec. 0.332 Actions taken under delegated authority.
* * * * *
(b) Requests for waiver of tower painting and lighting
specifications--Enforcement Bureau.
(c) Matters involving emergency communications--Enforcement Bureau.
* * * * *
29. Section 0.347 is revised to read as follows:
Sec. 0.347 Record of actions taken.
The official record of all actions taken by an Administrative Law
Judge, including initial and recommended decisions and actions taken
pursuant to Sec. 0.341, is contained in the original docket folder,
which is maintained in the Reference Information Center of the Consumer
Information Bureau.
30. Section 0.357 is revised to read as follows:
Sec. 0.357 Record of actions taken.
The official record of all actions taken by the Chief
Administrative Law Judge in docketed proceedings pursuant to Sec. 0.351
is contained in the original docket folder, which is maintained by the
Reference Information Center of the Consumer Information Bureau.
31. Add an undesignated center heading and Sec. 0.361 to read as
follows:
Consumer Information Bureau
Sec. 0.361 Authority delegated.
The Chief, Consumer Information Bureau, is delegated authority to
perform all functions of the Bureau, described in Sec. 0.141, provided
that the following matters shall be referred to the Commission en banc
for disposition:
(a) Notices of proposed rulemaking and of inquiry and final orders
in such proceedings.
(b) Application for review of actions taken pursuant to delegated
authority.
(c) Matters that present novel questions of law, fact or policy
that cannot be resolved under existing precedents and guidelines.
32. Section 0.387 is amended by revising paragraph (b) to read as
follows:
Sec. 0.387 Other national security and emergency preparedness
delegations; cross reference.
* * * * *
(b) For authority of the Chief of the Enforcement Bureau to declare
a general communications emergency, see Sec. 0.182(j).
33. Section 0.413 is revised to read as follows:
Sec. 0.413 The Commission's printed publications.
The Commission's printed publications are described in Secs. 0.414
through 0.420. These publications may be purchased from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402.
34. Section 0.416 is revised to read as follows:
Sec. 0.416 The Federal Communications Commission Record.
Texts adopted by the Commission or a member of its staff on
delegated authority and released through the Office of Media Relations
are published in the FCC Record. The FCC Record is published biweekly
in pamphlet form. The pamphlets are available on a subscription basis
from the Superintendent of Documents. Each biweekly pamphlet contains a
table of contents and current index. A consolidated index is published
on a periodic basis.
35. Section 0.422 is revised to read as follows:
Sec. 0.422 Current action documents and public notices.
Documents adopted by the Commission, public notices and other
public announcements are released through the Office of Media
Relations. These documents are also available on the Commission's
website at www.fcc.gov/ and can be obtained from the Commission's
duplicating contractor.
36. Section 0.423 is revised to read as follows:
Sec. 0.423 Information bulletins.
Information bulletins and fact sheets containing information about
communications issues and the Federal Communications Commission are
available on the Commission's web site at www.fcc.gov, ftp.fcc.gov or
may be requested from the Consumer Information Bureau, Consumer
Information Network Division.
37. Section 0.431 is revised to read as follows:
Sec. 0.431 The FCC service frequency lists.
Lists of frequency assignments to radio stations authorized by the
Commission are recapitulated periodically by means of an automated
record system. All stations licensed by the Commission are included,
except the following: Aircraft, amateur, personal (except General
Mobile Radio Service), Civil Air Patrol, and disaster. The resulting
documents, the FCC service frequency lists, consist of several volumes
arranged by nature of service, in frequency order, including station
locations, call signs and other technical particulars of each
assignment. These documents are available for public inspection in
Washington, D.C., in the Office of Engineering and Technology. Copies
may be purchased from the Commission's duplicating contractor. See
Sec. 0.465(a).
38. Section 0.434 is revised to read as follows:
Sec. 0.434 Data bases and lists of authorized broadcast stations and
pending broadcast applications.
Periodically the FCC makes available copies of its data bases and
lists containing information about authorized broadcast stations,
pending applications for such stations, and rulemaking proceedings
involving amendments to the TV and FM Table of Allotments. The data
bases, and the lists prepared from the data bases, contain frequencies,
station locations, and other particulars. The lists are available for
public inspection at the FCC's Reference Information Center at 445 12th
Street, SW., Washington, DC. Paper copies of the lists may be purchased
from the FCC's duplicating contractor; see Sec. 0.465(a). Many of the
databases may be viewed at the Commission's web site at www.fcc.gov.
and ftp.fcc.gov under mass media services. Microfiche copies of these
lists are maintained by the Reference Information Center. These lists
are derived from the data bases and can be used as an alternative
research source to the Broadcast Application Processing System (BAPS).
39. Section 0.441 is revised to read as follows:
[[Page 60723]]
Sec. 0.441 General.
Any person desiring to obtain information may do so by contacting
the Consumer Information Bureau. Requests for information, general
inquiries, and complaints may be submitted by:
(a) Internet at www.fcc.gov/CIB/FCCINFO or ftp.fcc.gov/CIB/FCCINFO.
(b) Telephone at 1-(888) CALLFCC (1-888-225-5322).
(c) TDD/TDY at (202) 418-0484.
(d) Correspondence at: Consumer Information Bureau, P.O. Box FCC,
445 12th Street, SW., Washington, DC 20554.
(e) Visiting the Reference Information Center of the Consumer
Information Bureau at the Commission's main office in Washington, DC.
Sec. 0.443 [Removed]
40. Remove Sec. 0.443.
41. Section 0.445 is amended by revising paragraphs (b), (c) and
(g) to read as follows:
Sec. 0.445 Publication, availability and use of opinions, orders,
policy statements, interpretations, administrative manuals, and staff
instructions.
* * * * *
(b) Texts adopted by the Commission or a member of its staff on
delegated authority and released through the Office of Media Relations
are published in the FCC Record. Older materials of this nature are
available in the FCC Reports. In the event that such older materials
are not published in the FCC Reports, reference should be made to the
Federal Register or Pike and Fischer Radio Regulation.
(c) All rulemaking documents are published in the Federal Register.
Summaries of the full Notices of proposed rule making and other rule
making decisions adopted by the Commission constitute rulemaking
documents for purposes of Federal Register publication. See
Sec. 1.412(a)(1). The complete text of the Commission decision also is
released by the Commission and is available for inspection and copying
during normal business hours in the Office of Media Relations or as
otherwise specified in the rulemaking document published in the Federal
Register. Docketed matters are available to the public via the
Electronic Comment Filing System maintained in the Reference
Information Center at 445 12th Street, Washington, DC. The complete
texts of rulemaking decisions may also be purchased from the
Commission's duplicating contractor.
* * * * *
(g) The FCC Administrative Manual (excepting Part IX, concerning
Civil Defense, which contains materials classified under E.O. 10501) is
available for inspection in the Office of the Managing Director. The
Manual is not indexed but is organized by subject, with tables of
contents, and the materials contained therein can be located without
difficulty.
* * * * *
42. Section 0.453 is amended by revising paragraphs (a), (b), (d),
(e) and (f) to read as follows:
Sec. 0.453 Public reference rooms.
* * * * *
(a) The Reference Information Center of the Consumer Information
Bureau. (1) Files containing the record of all docketed cases,
petitions for rule making and related papers. A file is maintained for
each docketed hearing case and for each docket rule making proceeding.
Cards summarizing the history of such cases are available for
inspection.
(2) Files, documents, and records related to the following
services:
(i) Mass Media Services.
(A) Applications for broadcast authorizations and related files are
available for public inspection Certain broadcast applications, reports
and records are also available for inspection in the community in which
the station is located or is proposed to be located. See Secs. 73.3526
and 73.3527 of this chapter.
(B) Ownership reports filed by licensees of broadcast stations
pursuant to Sec. 73.3615.
(C) Network affiliation contracts between stations and networks
(for television stations only).
(D) Contracts relating to network service to broadcast licensees
filed on or after the 1st day of May 1969 under Sec. 73.3613.
(E) Annual employment reports filed by licensees and permittees of
broadcast stations pursuant to Sec. 73.3612 of this chapter.
(F) Contract files which contain pledges, trust agreements, options
to purchase stock agreements, partnership agreements, management
consultant agreements, and mortgage or loan agreements.
(G) broadcast applications and related files.
(H) FM Translator applications and related files.
(I) Station files containing Notice of Apparent Liability and
Memorandum of Opinion and Order and related files.
(J) Network correspondence files and related materials.
(ii) Common Carrier Services, including:
(A) Annual reports filed by carriers under Sec. 43.21 of this
chapter.
(B) Reports on pensions and benefits filed by carriers under
Sec. 43.42 of this chapter.
(C) Reports of proposed changes in depreciation rates filed by
carriers under Sec. 43.43 of this chapter.
(D) Tariff schedules for all charges for interstate and foreign
wire or radio communications filed pursuant to section 203 of the
Communications Act, all related documents and communications.
(E) All applications for common carrier authorizations acted upon
by the Common Carrier Bureau, and related files.
(F) All formal and informal complaints against common carriers
filed under Secs. 1.711 through 1.735 of this chapter, all documents
filed in connection therewith, and all communications related thereto.
(G) Annual employment reports filed by common carrier licensees or
permittees pursuant to Sec. 1.815 of this chapter.
(H) Enforcement proceedings and public inquiries and related
materials.
(I) Files containing contracts between carriers and affiliates,
accounts and subaccounts, pension filings, property records,
disposition units, and depreciation rate filings.
(J) Cost Allocation Manuals and related materials.
(K) Section 214 applications and related files, to the extent that
they concern domestic communications facilities and services.
(L) Files containing reports required by FCC Rules and Regulations,
annual reports to stockholders, administrative reports, monthly bypass
reports and related materials.
(M) Files containing reference material from major telephone
companies.
(N) Files containing Local Exchange Rates and related files.
(O) Currently effective tariffs filed by Communications Common
Carriers pursuant to various FCC Rules and Regulations.
(P) Recent revisions to tariff filings and the Reference
Information Center Log which is prepared daily and lists the tariff
filings received the previous day.
(iii) Wireless Telecommunications Services and Auction related data
including:
(A) Station files containing a complete history of data submitted
by the applicant that has been approved by the Commission which
includes background material.
(B) Pending files containing applications for additional facilities
or modifications of existing facilities.
(C) Cellular and Paging Granted Station files and related
materials.
[[Page 60724]]
(D) Pending cellular and paging applications and related files.
(E) Electronically stored application and licensing data for
commercial radio operators and for all authorizations in the Wireless
Radio services are available for public inspection via the Commission's
wide area network. Wireless Radio services include Commercial and
Private Mobile Radio, Common Carrier and Private Operational Field
point-to-point Microwave, Local Television Transmission Service (LTTS),
Digital Electronic Message Service (DEMS), Aviation Ground and Marine
Coast applications. Some of these services are available electronically
now and most will be available on electronically within 90 days of the
implementation of the Universal Licensing System (ULS).
(F) Petitions and related materials.
(iv) International Services, except to the extent they are excluded
from routine public inspection under another section of this chapter:
(A) Satellite and earth station applications files and related
materials under parts 25 and 100 of this chapter;
(B) Section 214 applications and related files under part 63 of
this chapter, to the extent that they concern international
communications facilities and services;
(C) International Fixed Public Radio applications and related files
under part 23 of this chapter;
(D) Files relating to submarine cable landing licenses and
applications for such licenses since June 30, 1934, except for maps
showing the exact location of submarine cables, which are withheld from
inspection under section 4(j) of the Communications Act (see
Sec. 0.457(c)(1)(i));
(E) Documents relating to INTELSAT or INMARSAT;
(F) International broadcast applications, applications for
permission to deliver programming to foreign stations, and related
files under part 73 of this chapter;
(v) Cable services. The following files and documents are
available, including:
(A) All complaints regarding cable programming rates, all documents
filed in connection therewith, and all communications related thereto,
unless the cable operator has submitted a request pursuant to
Sec. 0.459 that such information not be made routinely available for
public inspection.
(B) Special relief petitions and files pertaining to cable
television operations.
(C) Cable television system reports filed by operators pursuant to
Sec. 76.403 of this chapter.
(D) Annual employment reports filed by cable television systems
pursuant to Sec. 76.77 of this chapter.
(E) Files and documents related to Cable Television Relay Service
(CARS)
(b) Gettysburg Reference Office of the Reference Information
Center. Station files containing applications and related materials for
Remote Pickup, Aural STL/ICR, TV Auxiliary, and Low Power Auxiliary
Stations in the mass media services. Files regarding Wireless Services
are also available up to 90 days after the implementation of the
Universal Licensing System (ULS) at which time they become
electronically available.
* * * * *
(d) The Office of Engineering and Technology, FCC Laboratory
Reference Room. The following documents, files and records are
available for inspection at this location. Files containing approved
applications for Equipment Authorization and related materials are
available for review. These files are available in the Commission's
Laboratory in Columbia, Maryland.
(e) The International Bureau. The International Bureau maintains
international settlement agreements and contracts and international
cable agreements.
(f) The Cable Bureau. The Cable Bureau maintains all cable operator
requests for approval of existing or increased cable television rates
for basic service and associated equipment over which the Commission
had assumed jurisdiction, all documents filed in connection therewith,
and all communications related thereto, unless the cable operator has
submitted a request pursuant to Sec. 0.459 that such information not be
made routinely available for public inspection.
* * * * *
43. Section 0.455 is revised to read as follows:
Sec. 0.455 Other locations at which records may be inspected.
Except as provided in Secs. 0.453, 0.457, and 0.459, records are
routinely available for inspection in the Reference Information Center
or the offices of the Bureau or Office which exercises responsibility
over the matters to which those records pertain (see Sec. 0.5), or will
be made available for inspection at those offices upon request. Many of
these records may be retrieved from the Commission's site on the World
Wide Web, located at <http://www.fcc.gov>. Upon inquiry to the
appropriate Bureau or Office, persons desiring to inspect such records
will be directed to the specific location at which the particular
records may be inspected. A list of Bureaus and Offices and examples of
the records available at each is set out below.
(a) Mass Media Bureau. (1) Rulings under the Fairness Doctrine and
section 315 of the Communications Act, and related materials.
(2) Ruling lists which contain brief summaries of rulings.
(3) Congressional correspondence and related materials.
(b) Common Carrier Bureau. (1) Reports of public coast station
operators filed under Sec. 43.71 of this chapter.
(2) Valuation reports filed under section 213 of the Communications
Act, including exhibits filed in connection therewith, unless otherwise
ordered by the Commission, with reasons therefor, pursuant to section
213(f) of the Communications Act. See Sec. 0.457(c)(2).
(3) Computer II files and related materials.
(c) Office of Managing Director. (1) All minutes of Commission
actions, containing a record of all final votes, minutes of actions and
internal management matters as provided in Sec. 0.457(b)(1) and
(c)(1)(i). These records and files are available for inspection in the
Agenda Branch.
(2) Files containing information concerning the history of the
Commission's rules. These files are available for inspection in the
Publications Branch.
(3) See Sec. 0.443.
(4) Reports filed pursuant to subpart E of part 19 of this chapter
and applications for inspection of such reports. See Sec. 0.460(k).
(d) Cable Services Bureau. Correspondence and other actions and
decisions relating to cable television services that are not filed in
the FCC Reference Information Center, e.g. rate regulation files and
related documents.
(e) Office of Engineering and Technology which includes the
Bureau's Technical Library containing technical reports, technical
journals, and bulletins of spectrum management and related technical
materials. Also files containing approved applications for Equipment
Authorization (Type accepted, certified and notified) and related
materials are available for review. These files are available in the
Commission's Laboratory in Columbia, Maryland.
(1) Experimental application and license files.
(2) The Master Frequency Records.
(3) Applications for Equipment Authorization (type accepted, type
approval, certification, or advance approval of subscription television
systems), following the effective date of the authorization. See
Sec. 0.457(d)(1)(ii).
[[Page 60725]]
(Application files, technical journals and other technical materials
are maintained at the Commission's Laboratory at Columbia, Maryland.)
(f) Wireless Telecommunications Bureau. See Sec. 0.453(o) of this
chapter.
(g) International Bureau. The treaties and other international and
bilateral agreements listed in Sec. 73.1650 of this chapter are
available for inspection in the office of the Chief, Planning and
Negotiations Division, International Bureau. Also contracts and other
arrangements filed under Sec. 43.51 and reports of negotiations
regarding foreign communication matters filed under Sec. 43.52 of this
chapter, except for those kept confidential by the Commission pursuant
to section 412 of the Communications Act. See Sec. 0.457(c)(3). Also
files relating to international settlements under part 64 of this
chapter.
44. Section 0.465 is amended by revising the notes to paragraphs
(a) and (b), revising paragraphs (c)(1), (d)(1) and (d)(3) and removing
paragraph (d)(4) to read as follows:
Sec. 0.465 Request for copies of materials which are available, or
made available, for public inspection.
(a) * * *
Note to paragraph (a): The name, address, telephone number, and
schedule of fees for the current duplication contractor are
published at the time of contract award or renewal in a Public
Notice and periodically thereafter. Questions regarding this
information should be directed to the Reference Information Division
of the Consumer Information Bureau.
(b) * * *
Note to paragraph (b): The name, address, telephone number, and
schedule of fees for the current transcription contractor are
maintained by the Office of the Secretary in the Managing Director's
Office.
(c)(1) Contractual arrangements which have been entered into with
commercial firms, as described in this section, do not in any way limit
the right of the public to inspect Commission records or to extract
therefrom whatever information may be desired. Coin-operated and debit
card copy machines are available for use by the public.
* * * * *
(d)(1) Computer maintained data bases produced by the Commission
may be obtained from the FCC's internet web site at www.fcc.gov.
* * * * *
(d)(3) Copies of computer source programs and associated
documentation produced by the Commission shall be obtained from the
Office of the Managing Director.
* * * * *
PART 1--PRACTICE AND PROCEDURE
45. The authority citation for Part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 225, and 303(r).
46. Section 1.4 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 1.4 Computation of time.
* * * * *
(b)(2) For non-rulemaking documents released by the Commission or
staff, whether or not published in the Federal Register, the release
date. A document is ``released'' by making the full text available in
the Commission's Office of Media Relations. The release date appears on
the face of the document.
* * * * *
Sec. 1.47 [Amended]
47. In Sec. 1.47(h) remove the words ``Formal Complaints and
Investigations Branch of the Common Carrier Bureau'' and add, in their
place, the words ``Chief of the Enforcement Bureau's Market Disputes
Resolution Division''.
48. Section 1.221 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 1.221 Notice of hearing; appearances.
* * * * *
(b) The order designating an application for hearing is mailed to
the applicant by the Reference Operations Division of the Consumer
Information Bureau and this order or a summary thereof is published in
the Federal Register. Reasonable notice of hearing will be given to the
parties in all proceedings; and, whenever possible, the Commission will
give at least 60 days notice of comparative hearings.
(c) In order to avail himself of the opportunity to be heard, the
applicant, in person or by his attorney, shall, within 20 days of the
mailing of the notice of designation for hearing by the Reference
Information Division of the Consumer Information Bureau, file with the
Commission, in triplicate, a written appearance stating that he will
appear of the date fixed for hearing and present evidence on the issues
specified in the order. Where an applicant fails to file such a written
appearance within the time specified, or has not filed prior to the
expiration of that time a petition to dismiss without prejudice, or a
petition to accept, for good cause shown, such written appearance
beyond expiration of said 20 days, the application will be dismissed
with prejudice for failure to prosecute.
* * * * *
Sec. 1.720 [Amended]
49. In 47 CFR 1.720, in the introductory paragraph, remove the
words ``Common Carrier Bureau's'' and add, in their place, the words
``Enforcement Bureau's''.
Sec. 1.721 [Amended]
50. In 47 CFR 1.721(b) remove the words ``Common Carrier Bureau''
and add, in their place, the words ``Enforcement Bureau''.
Sec. 1.722 [Amended]
51. In 47 CFR 1.722(d)(1) remove the word ``Bureau'' and add, in
its place, the words ``Enforcement Bureau''.
52. Section 1.730 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 1.730 The Enforcement Bureau's Accelerated Docket.
(a) Parties to formal complaint proceedings against common carriers
within the responsibility of the Enforcement Bureau (see Secs. 0.111,
0.311, 0.314 of this chapter) may request inclusion on the Bureau's
Accelerated Docket. As set out in Secs. 1.720 through 1.736,
proceedings on the Accelerated Docket are subject to shorter pleading
deadlines and certain other procedural rules that do not apply to other
formal complaint proceedings before the Enforcement Bureau.
* * * * *
53. In the table below, for each section indicated in the left
column, remove the title indicated in the middle column from wherever
it appears in the section, and add the title indicated in the right
column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
1.730(b), (c) and (d)....... Chief of the Common Chief of the
Carrier Bureau's Enforcement
Enforcement Bureau's Market
Division. Disputes Resolution
Division.
1.730(h).................... Office of Public Office of Media
Affairs. Relations.
------------------------------------------------------------------------
[[Page 60726]]
54. Section 1.735 is amended by revising paragraph (b) to read as
follows:
Sec. 1.735 Copies; service; separate filings against multiple
defendants.
* * * * *
(b) The complainant shall file an original copy of the complaint,
accompanied by the correct fee, in accordance with part I, subpart G
(see Sec. 1.1105(1)(c) and (d)) and, on the same day:
(1) File three copies of the complaint with the Office of the
Commission Secretary;
(2) Serve two copies on the Market Disputes Resolution Division,
Enforcement Bureau;
(3) If the complaint is filed against a carrier concerning matters
within the responsibility of the International Bureau (see Sec. 0.261
of this chapter), serve a copy on the Chief, Telecommunications
Division, International Bureau; and
(4) If a complaint is addressed against multiple defendants, pay a
separate fee, in accordance with part I, subpart G (see
Sec. 1.1105(1)(c) and (d)), and file three copies of the complaint with
the Office of the Commission Secretary for each additional defendant.
* * * * *
55. Section 1.4000 is amended by revising paragraph (g) to read as
follows:
Sec. 1.4000 Restrictions impairing reception of television broadcast
signals, direct broadcast satellite services or multichannel multipoint
distribution services.
* * * * *
(g) All allegations of fact contained in petitions and related
pleadings before the Commission must be supported by affidavit of a
person or persons with actual knowledge thereof. An original and two
copies of all petitions and pleadings should be addressed to the
Secretary, Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554. Copies of the petitions and related pleadings
will be available for public inspection in the Reference Information
Center, Consumer Information Bureau, Federal Communications Commission,
445 12th Street, SW, Washington, DC 20554. Copies will be available for
purchase from the Commission's contract copy center, and Commission
decisions will be available on the Internet.
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
56. The authority citation for Part 21 continues to read as
follows:
Authority: Secs. 1, 2, 4, 201 through 205, 208, 215, 218, 303,
307, 313, 403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070
through 1073, 1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102;
47 U.S.C. 151, 154, 201 through 205, 208, 215, 218, 303, 307, 313,
314, 403, 404, 602; 47 U.S.C. 552, 554.
57. Section 21.924 is amended by revising paragraph (a) to read as
follows:
Sec. 21.924 Service areas.
(a) MDS service areas are regional Basic Trading Areas (BTAs) which
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide,
123rd Edition, at pages 38-39. The BTA Map is available for public
inspection at the Reference Information Center, Consumer Information
Bureau, Federal Communications Commission, 445 12th Street, SW,
Washington, DC 20554.
* * * * *
PART 27--WIRELESS COMMUNICATIONS SERVICE
58. The authority citation for Part 27 continues to read as
follows:
Authority: 47 U.S.C 154, 301, 302, 303, 307, 309 and 332, unless
otherwise noted.
59. Section 27.6 is amended by revising the introductory paragraph
to read as follows:
Sec. 27.6 Service areas.
WCS service areas are Major Economic Areas (MEAs) and Regional
Economic Area Groupings (REAGs) as defined below. Both MEAs and REAGs
are based on the U.S. Department of Commerce's 172 Economic Areas
(EAs). See 60 FR 13114 (March 10, 1995). In addition, the Commission
shall separately license Guam and the Northern Mariana Islands, Puerto
Rico and the United States Virgin Islands, American Samoa, and the Gulf
of Mexico, which have been assigned Commission-created EA numbers 173-
176, respectively. Maps of the EAs, MEAs, and REAGs and the Federal
Register Notice that established the 172 EAs are available for public
inspection and copying at the Reference Information Center, Consumer
Information Bureau, Federal Communications Commission, 445 12th Street,
SW., Washington, DC 20554.
* * * * *
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
60. The authority citation for part 68 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
61. Section 68.317 is amended by revising paragraph (g) as follows:
Sec. 68.317 Hearing aid compatibility volume control: technical
standards.
* * * * *
(g) These incorporations by reference of paragraph 4.1.2 (including
table 4.4) of American National Standards Institute (ANSI) Standard
ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be
purchased from the American National Standards Institute (ANSI), Sales
Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212)
642-4900. Copies also may be inspected during normal business hours at
the following locations: Consumer Information Bureau, Reference
Information Center, Federal Communications Commission, 445 12th Street,
SW, Washington, DC 20554; and Office of the Federal Register, 800 N.
Capitol Street, NW., Suite 700, Washington, DC.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
62. The authority citation for Part 90 continues to read as
follows:
Authority: Secs. 4, 251 through 252, 303, 309, and 332, 48 Stat.
1066, 1082, as amended; 47 U.S.C. 154, 251 through 252, 303, 309 and
332, unless otherwise noted.
63. Section 90.7 is amended by revising the definition of ``MTA-
based license or MTA license'' to read as follows:
Sec. 90.7 Definitions.
* * * * *
MTA-based license or MTA license. A license authorizing the right
to use a specified block of SMR spectrum within one of the 51 Major
Trading Areas (``MTAs''), as embodied in Rand McNally's Trading Area
System MTA Diskette and geographically represented in the map contained
in Rand McNally's Commercial Atlas & Marketing Guide (the ``MTA Map.'')
The MTA Listings, the MTA Map and the Rand McNally/AMTA license
agreement are available for public inspection at the Reference
Information Center in the Consumer Information Bureau.
* * * * *
[FR Doc. 99-28984 Filed 11-5-99; 8:45 am]
BILLING CODE 6712-01-P