[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Rules and Regulations]
[Pages 34407-34408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13401]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC Docket Nos. 96-45 and 97-21; FCC 00-180]


Federal-State Joint Board on Universal Service and Changes to the 
Board of Directors of the National Exchange Carrier Association, Inc.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document concerning the Federal-State Joint Board on 
Universal Service and Changes to the Board of Directors of the National 
Exchange Carriers Association, Inc. amends a procedural rule which sets 
out the time period by which the Common Carrier Bureau or the 
Commission must take action on a request for review of a decision 
issued by the Schools and Libraries Division of the Universal Service 
Administrative Company (USAC or Administrator). This document makes 
clear that a decision of the Administrator will not be deemed approved 
upon the running of the 90-day deadline for taking action on requests 
for review that are pending before the Bureau.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Linda Chang, Attorney, Common Carrier 
Bureau, Accounting Policy Division, (202) 418-7400.

SUPPLEMENTARY INFORMATION: This is a summary of a Commission's Order in 
CC Docket Nos. 96-45 and 97-21 released on May 22, 2000. The full text 
of this document is available for public inspection during regular 
business hours in the FCC Reference Center, Room CY-A257, 445 Twelfth 
Street, SW., Washington, DC, 20554.
    1. On March 1, 2000, the Commission released the Bureau Extension 
Order, 65 FR 12135 (March 8, 2000), that amended a rule to make clear 
that the Common Carrier Bureau (Bureau) may extend, for up to ninety 
days, the time period for taking action on a request for review of the 
Schools and Libraries Division of the Universal Service Administrative 
Company's (USAC or Administrator) decision that is pending before the 
Bureau or the Commission pursuant to Sec. 54.724 of the Commission's 
rules. The Bureau Extension Order clarified that the Commission may 
extend the time period for taking action on a pending request for 
review of an Administrator's decision that is before either the Bureau 
or the Commission, but the Commission is not limited to a maximum 90-
day extension period. In this Order, we amend a procedural rule which 
sets out the time period by which the Bureau or the Commission must 
take action on a request for review of a decision issued by the 
Administrator). We amend Sec. 54.724 of the Commission's rules to make 
clear that a decision of the Administrator will not be deemed approved 
upon the running of the 90-day deadline for taking action on requests 
for review that are pending before the Bureau.
    2. Section 54.724(a) of the Commission's rules establishes 
procedures for a request for review of an Administrator decision that 
is properly before the Bureau. Matters that are properly before the 
Bureau are appeals of Administrator decisions that do not involve novel 
issues of fact, law or policy. If the Bureau does not take action 
within 90 days regarding a request for review not involving novel 
issues, the decision issued by the Administrator is deemed approved. 
The rule also specifies that either the Commission or the Bureau may 
extend the time period for taking action on a matter before the Bureau.
    3. In contrast, Sec. 54.724(b) of the Commission's rules directs 
the Commission to issue, within 90 days, a written decision resolving a 
request for review of an Administrator decision that involves novel 
questions of fact, law or policy. The rules provide that the Commission 
or Bureau may extend the time period for taking action. Unlike appeals 
pending before the Bureau, if the Commission does not issue a decision 
within 90 days or does not extend the time period for taking action on 
the request for review, the Commission's rules do not provide that the 
Administrator's decision will be automatically approved.
    4. The procedural distinction between matters pending before the 
Commission and those pending before the Bureau may pose problems for 
schools and libraries that request reviews of Administrator decisions. 
The appellants will not be certain whether or not their requests for 
review raise novel questions of fact, law or policy. As a consequence, 
appellants are not in a position to determine whether their appeals are 
pending before the Bureau or the Commission. Without knowledge of 
whether an appeal is being considered by the Bureau or Commission, a 
school or library cannot determine whether its appeal remains pending 
before the Commission or was subject to automatic denial where the 90-
day time period for taking action ran without a decision or extension 
of time having been issued by the Bureau. Because of this lack of 
certainty, appellants cannot know when a denial is final and when the 
time period for pursuing further review has begun.
    5. We believe that this uncertainty puts appellants in an untenable 
position. A party adversely affected by a Bureau decision has the right 
to seek reconsideration or Commission review of the decision. In order 
to exercise their right to seek review of an adverse decision, however, 
appellants must file either a petition for reconsideration or an 
application for review within thirty days from the date of public 
notice of the final action or release of the decision. The rules fail, 
however, to set forth a mechanism for public notice of Administrator 
decisions that are deemed approved upon the passage of 90 days in the 
absence of action by the Bureau.
    6. The requirement in Sec. 54.724(a) that Administrator decisions 
will be deemed approved in the absence of Bureau action on matters not 
involving new or novel issues was adopted to promote the prompt and 
efficient resolution of pending requests for review. We did not 
anticipate, however, that this means of streamlining our review process 
would add uncertainty to the appeals process or interfere with the 
ability of appellants to seek further review. Because we conclude that 
the different procedural processes found in Secs. 54.724(a) and (b) 
generate uncertainty as to the status of certain requests for review, 
we find that it is in the public interest to eliminate the provision in 
Sec. 54.724(a) specifying that a decision by the Administrator will be 
deemed approved where the Bureau has not acted within the 90-day review 
period. Accordingly, we find

[[Page 34408]]

that it is appropriate to amend Sec. 54.724(a) in this respect to 
conform to the rule that applies to Commission-level appeals. At the 
same time, we recognize the need of applicants under the schools and 
libraries program to have certainty over the status of their funding 
requests, and we remain committed to timely resolution of all appeals 
before us.
    7. We believe this procedural amendment will clarify our 
administrative processes and prevent confusion regarding the procedural 
status of requests for review of Administrator decisions that are 
pending before the Bureau. Accordingly, as set forth, we amend 
Sec. 54.724(a) of the Commission's rules to clarify that a decision of 
the Administrator will not be deemed approved upon the running of the 
90-day time period for taking action on requests for review that are 
pending before the Bureau.

Ordering Clauses

    8. The authority contained in sections 1-4, 201-205, 218-220, 254, 
303(r), 403, and 405 of the Communications Act of 1934, as amended, and 
Sec. 1.108 of the Commission's rules, is adopted.
    9. Part 54 of the Commission's Rules 47 CFR part 54, is revised as 
set forth.
    10. This action is exempt from the notice and comment requirements 
of the Administrative Procedure Act, 5 U.S.C. 553, because it affects 
only rules of agency procedure or practice.
    11. Because this action involves an internal procedural matter, it 
is further ordered that the rule change set forth is May 30, 2000.

List of Subjects in 47 CFR Part 54

    Universal service.

Federal Communications Commission.

Magalie Roman Salas,
Secretary.

Rule Changes

    Part 54 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 54--UNIVERSAL SERVICE

    1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless 
otherwise noted.


    2. Amend Sec. 54.724 by revising paragraph (a) to read as follows:


Sec. 54.724  Time periods for Commission approval of Administrator 
decisions.

    (a) The Common Carrier Bureau shall, within ninety (90) days, take 
action in response to a request for review of an Administrator decision 
that is properly before it. The Common Carrier Bureau may extend the 
time period for taking action on a request for review of an 
Administrator decision for a period of up to ninety days. The 
Commission may also, at any time, extend the time period for taking 
action on a request for review of an Administrator decision pending 
before the Common Carrier Bureau.
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[FR Doc. 00-13401 Filed 5-26-00; 8:45 am]
BILLING CODE 6712-01-P