[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Rules and Regulations]
[Pages 13216-13230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6352]



[[Page 13215]]

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Part II





Federal Communications Commission





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47 CFR Parts 0, et al.



Establishment of the Media Bureau, the Wireline Competition Bureau and 
the Consumer and Governmental Affairs Bureau, Reorganization of the 
International Bureau, and Other Organizational Changes; Final Rules

  Federal Register / Vol. 67, No. 55 / Thursday, March 21, 2002 / Rules 
and Regulations  

[[Page 13216]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 21, 22, 27, 32, 43, 51, 53, 54, 61, 65, 68, and 
90

[FCC 02-10]


Establishment of the Media Bureau, the Wireline Competition 
Bureau and the Consumer and Governmental Affairs Bureau, Reorganization 
of the International Bureau, and Other Organizational Changes

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to reflect the new 
organizational structure of the Federal Communications Commission, 
identifying their functions and appointed delegated authority.

DATES: Effective March 25, 2002.

FOR FURTHER INFORMATION CONTACT: Contact Mary Beth Richards, Office of 
the Chairman, Room 8-C750, 202/418-1514 or Yvette Barrett, Office of 
the Managing Director, Room 1-C828, 202/418-0603, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This Order adopted January 16, 2001 and 
released March 14, 2002 by the Commission amends its rules to make 
conforming changes reflecting the reorganization of the Commission. In 
order to promote a more efficient, effective and responsive 
organizational structure, the Federal Communications Commission 
created: the Media Bureau, Wireline Competition Bureau and Consumer and 
Governmental Affairs Bureau; reorganized the International Bureau; and 
consolidated enforcement and consumer information functions. Functions 
of the Media Bureau will include policy, licensing, and industry 
analysis as it relates to broadcast and cable services. The current 
Common Carrier Bureau will be reconfigured and renamed the Wireline 
Competition Bureau, which realigns functions in the wireline common 
carrier area and consolidates the technical and economical analysis 
with the new bureau. The Consumer Information Bureau will be 
reconfigured and renamed the Consumer and Governmental Affairs Bureau, 
which aligns like functions to enhance its policy role and increase its 
involvement with other government entities. The International Bureau 
will realign functions into one existing Division relating to 
satellites and two new Divisions: the Policy Division and the Strategic 
Analysis and Negotiations Division. In this Order, the Commission will 
amend its rules to reflect the new structure, describe their functions 
and delegated authority, and make other conforming organizational 
changes.
    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 provisions 
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) is 
inapplicable.
    Accordingly, it is ordered that parts 0, 1, 21, 22, 27, 32, 43, 51, 
52, 53, 54, 61, 64, 65, 68, and 90 of the Commission Rules, set forth 
in Title 47 of the Code of Federal Regulations, are amended as set 
forth in the rule changes, to be effective March 25, 2002.

List of Subjects

47 CFR Part 0

    Organization and functions, Reporting and recordkeeping 
requirements.

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Radio, Reporting and recordkeeping requirements, Satellite, 
Telecommunications, Television.

47 CFR Part 21

    Communications common carriers, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 22

    Radio, Reporting and recordkeeping requirements, Rural areas.

47 CFR Part 27

    Communications common carriers.

47 CFR Part 32

    Communications common carriers, Uniform systems of account.

47 CFR Part 43

    Communications common carriers, Reporting and recordkeeping 
requirements.

47 CFR Part 51

    Communications common carriers, Telecommunications.

47 CFR Part 52

    Communications common carriers, Reporting and recordkeeping 
requirements.

47 CFR Part 53

    Accounting, Reporting and recordkeeping requirements.

47 CFR Part 54

    Communications common carriers, Libraries, Reporting and 
recordkeeping requirements, Schools, Telecommunications.

47 CFR Part 61

    Communications common carriers, Reporting and recordkeeping 
requirements.

47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications.

47 CFR Part 65

    Communications common carriers, Reporting and recordkeeping 
requirements.

47 CFR Part 68

    Administrative practice and procedures, Communications common 
carriers, Reporting and recordkeeping requirements, Telecommunications.

47 CFR Part 90

    Reporting and recordkeeping requirements.

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

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 1, 21, 22, 27, 32, 43, 
51, 52, 53, 54, 61, 64, 65, 68, and 90 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.

[[Page 13217]]

    (6) Office of Legislative Affairs.
    (7) Office of Inspector General.
    (8) Office of Communications Business Opportunities.
    (9) Office of Administrative Law Judges.
    (10) Office of Workplace Diversity
    (11) Wireline Competition Bureau.
    (12) Wireless Telecommunications Bureau.
    (13) International Bureau.
    (14) Media Bureau.
    (15) Enforcement Bureau.
    (16) Consumer and Governmental Affairs Bureau.
* * * * *

    3. Section 0.11 is amended by revising paragraphs (a)(5) and (a)(8) 
to read as follows:


Sec. 0.11  Functions of the Office.

    (a) * * *
    (5) Plan and administer the Commissions performance review system. 
Assure that objections, priorities, and action plans established by 
Bureau and Offices are consistent with overall Commission objectives 
and priorities.
* * * * *
    (8) Plan and manage the administrative affairs of the Commission 
with respect to the functions of personnel and position management; 
labor-management relations; training; budget and financial management; 
information management and processing; organization planning; 
management analysis; procurement; office space management and 
utilization; administrative and office services; supply and property 
management; records management; personnel and physical security; and 
international telecommunications settlements.
* * * * *

    4. Section 0.15 is amended by revising paragraph (e) to read as 
follows:


Sec. 0.15  Functions of the Office.

* * * * *
    (e) Maintain liaison with the Consumer and Governmental Affairs 
Bureau on press and media issues concerning consumer assistance and 
information including informal consumer complaints.

    5. Section 0.17 is amended by revising paragraphs (c) and (g) to 
read as follows:


Sec. 0.17  Functions of the Office.

* * * * *
    (c) Assist the Office of the Managing Director in preparation of 
the annual report to Congress, the Commission budget and appropriations 
legislation to Congress; assist the Office of Media Relations in 
preparation of the Commission's Annual Report.
* * * * *
    (g) Coordinate with the Consumer and Governmental Affairs Bureau on 
issues involving informal consumer complaints and other general 
inquiries by consumers.

    6. Section 0.31 is amended by revising paragraph (n) to read as 
follows:


Sec. 0.31  Functions of the Office.

* * * * *
    (n) To assist the Consumer and Governmental Affairs Bureau on 
issues involving informal consumer complaints and other general 
inquiries by consumers.

    7. Section 0.51 is amended by removing paragraph (q), by 
redesignating paragraphs (r) and (s) as paragraphs (q) and (r) and 
revising newly designated paragraph (r) to read as follows:


Sec. 0.51  Functions of the Bureau.

* * * * *
    (r) To assist the Consumer and Governmental Affairs Bureau on 
issues involving informal consumer complaints and other general 
inquiries by consumers.

    8. Section 0.61 and the undesignated center heading which 
immediately precedes it are revised to read as follows:

Media Bureau


Sec. 0.61  Functions of the Bureau.

    The Media Bureau develops, recommends and administers the policy 
and licensing programs for the regulation of media, including cable 
television, broadcast television and radio, and satellite services in 
the United States and its territories. The Bureau advises and 
recommends to the Commission, or acts for the Commission under 
delegated authority, in matters pertaining to multichannel video 
programming distribution, broadcast radio and television, direct 
broadcast satellite service policy, and associated matters. The Bureau 
will, among other things:
    (a) Process applications for authorization, assignment, transfer 
and renewal of media services, including AM, FM, TV, the cable TV relay 
service, and related services.
    (b) Conduct rulemaking proceedings concerning the legal, 
engineering, and economic aspects of media service.
    (c) Conduct comprehensive studies and analyses concerning the 
legal, engineering, and economic aspects of electronic media services.
    (d) Administer and enforce rules and policies regarding equal 
employment opportunity.
    (e) Administer and enforce rules and policies regarding political 
programming and related matters.
    (f) Administer and enforce rules and policies regarding:
    (1) Radio and television broadcast industry services;
    (2) Cable television systems, operators, and services, including 
those relating to rates, technical standards, customer service, 
ownership, competition to cable systems, broadcast station signal 
retransmission and carriage, program access, wiring equipment, channel 
leasing, and federal-state/local regulatory relationships. This 
includes: acting, after Commission assumption of jurisdiction to 
regulate cable television rates for basic service and associated 
equipment, on cable operator requests for approval of existing or 
increased rates; reviewing appeals of local franchising authorities' 
rate making decisions involving rates for the basic service tier and 
associated equipment, except when such appeals raise novel or unusual 
issues; evaluating basic rate regulation certification requests filed 
by cable system franchising authorities; periodically reviewing and, 
when appropriate, revising standard forms used in administering: the 
certification process for local franchising authorities wishing to 
regulate rates, and the substantive rate regulation standards 
prescribed by the Commission;
    (3) Open video systems;
    (4) Preemption of restrictions on devices designed for over-the-air 
reception of television broadcast signals, multichannel multipoint 
distribution service, and direct broadcast satellite services;
    (5) The commercial availability of navigational devices;
    (6) The accessibility of video programming to persons with 
disabilities;
    (7) Program access and carriage;
    (8) The Satellite Home Viewer Improvement Act; and
    (9) Post-licensing for satellite consumer broadcast services (DBS, 
DTH and DARS).

    Note to paragraph (f): The Media Bureau's enforcement authority 
does not include enforcement in those areas assigned to the 
Enforcement Bureau. See 47 CFR 0.111.

    (g) Conduct rulemaking and policy proceedings regarding pole 
attachments.
    (h) Process and act on all applications for authorization, 
petitions for special relief, petitions to deny, waiver requests, 
requests for certification,

[[Page 13218]]

objections, complaints, and requests for declaratory rulings and stays 
regarding the areas listed.
    (i) Assist the Consumer and Governmental Affairs Bureau on issues 
involving informal consumer complaints and other general inquiries by 
consumers.
    (j) Exercise 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 jurisdiction of the Media Bureau. Before issuing 
a subpoena, the Media Bureau shall obtain the approval of the Office of 
General Counsel.
    (k) Carry out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec. 0.283.

    9. Section 0.91 and the undesignated center heading which 
immediately precedes it are revised to read as follows:

Wireline Competition Bureau


Sec. 0.91  Functions of the Bureau.

    The Wireline Competition Bureau advises and makes recommendations 
to the Commission, or acts for the Commission under delegated 
authority, in all matters pertaining to the regulation and licensing of 
communications common carriers and ancillary operations (other than 
matters pertaining exclusively to the regulation and licensing of 
wireless telecommunications services and facilities). The Bureau will, 
among other things:
    (a) Develop and recommend policy goals, objectives, programs and 
plans for the Commission in rulemaking and adjudicatory matters 
concerning wireline telecommunications, drawing on relevant economic, 
technological, legislative, regulatory and judicial information and 
developments. Overall objectives include meeting the present and future 
wireline telecommunications needs of the Nation; fostering economic 
growth; ensuring choice, opportunity, and fairness in the development 
of wireline telecommunications; promoting economically efficient 
investment in wireline telecommunications infrastructure; promoting the 
development and widespread availability of wireline telecommunications 
services; and developing deregulatory initiatives where appropriate.
    (b) Act on requests for interpretation or waiver of rules.
    (c) Administer the provisions of the Communications Act requiring 
that the charges, practices, classifications, and regulations of 
communications common carriers providing interstate and foreign 
services are just and reasonable.
    (d) Act on applications for service and facility authorizations, 
including applications from Bell operating companies for authority to 
provide in-region interLATA services and applications from wireline 
carriers for transfers of licenses and discontinuance of service.
    (e) Develop and administer rules and policies relating to incumbent 
local exchange carrier accounting.
    (f) Develop and administer recordkeeping and reporting requirements 
for telecommunications carriers.
    (g) Provide federal staff support for the Federal-State Joint Board 
on Universal Service and the Federal-State Joint Board on 
Jurisdictional Separations.
    (h) Review the deployment of advanced telecommunications capability 
to ensure that such deployment is reasonable and timely, consistent 
with section 706 of the Act, and, where appropriate, recommend action 
to encourage such deployment.
    (i) Provide economic, financial, and technical analyses of 
telecommunications markets and carrier performance.
    (j) Interact with the public, local, state, and other governmental 
agencies and industry groups on wireline telecommunications regulation 
and related matters. Assist the Consumer and Governmental Affairs 
Bureau on issues involving informal consumer complaints and other 
general inquiries by consumers.
    (k) Review and coordinate orders, programs and actions initiated by 
other Bureaus and Offices in matters affecting wireline 
telecommunications to ensure consistency with overall Commission 
policy.
    (l) Carry out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec. 0.331.


Sec. 0.101  [Removed]

    10. Section 0.101 is removed.

    11. Amend Sec. 0.111 as follows:
    a. Revise the notes to paragraphs (a)(1), (a)(2), (a)(4), (a)(8) 
and (a)(11);
    b. Revise paragraph (a)(3);
    c. Redesignate paragraphs (a)(12) through (a)(20) as paragraphs 
(a)(14) through (a)(22);
    d. Add new paragraphs (a)(12) and (a)(13); and
    e. Revise newly designated paragraphs (a)(15) and (a)(19).


Sec. 0.111  Functions of the Bureau.

    (a) * * *
    (1) * * *

    Note to paragraph (a)(1): The Consumer and Governmental Affairs 
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 International Bureau has primary responsibility 
for complaints regarding international settlements rules and 
policies.

    (2) * * *

    Note to Paragraph (a)(2): The Consumer and Governmental Affairs 
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.

    (3) Resolve formal complaints regarding accessibility to 
communications services and equipment for persons with disabilities, 
including complaints filed pursuant to sections 225 and 255 of the 
Communications Act.
    (4) * * *

    Note to Paragraph (a)(4): The Office of Engineering and 
Technology has shared responsibility for radiofrequency equipment 
and device complaints.

* * * * *
    (8) * * *

    Note to Paragraph (a)(8): The Media Bureau has responsibility 
for enforcement of these limits in the broadcast television renewal 
context.

* * * * *
    (11) * * *

    Note to Paragraph (a)(11): The 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 Media Bureau has primary 
responsibility for complaints regarding compliance with conditions 
imposed on transfers of control and assignments of licenses of Cable 
Antenna Relay Service authorizations.

    (12) Resolve complaints regarding pole attachments filed under 
section 224 of the Communications Act.

[[Page 13219]]

    (13) Resolve complaints regarding multichannel video and cable 
television service under part 76 of the Commission's rules.

    Note to Paragraph (a)(13): The Media Bureau has primary 
responsibility for complaints regarding the following: subpart A 
(general), with the exception of Sec. 76.11 of this chapter; subpart 
B (Registration Statements); subpart C (Federal-State/Local 
Relationships [Reserved]; subpart D (carriage of television 
broadcast signals); subpart E (equal employment opportunity 
requirements); subpart F (nonduplication protection and syndicated 
exclusivity); subpart G, Secs. 76.205, 76.206 and 76.209 of this 
chapter (political broadcasting); subpart I (Forms and Reports); 
subpart J (ownership); subpart L (cable television access); subpart 
N, Sec. 76.944 of this chapter (basic cable rate appeals), and 
Secs. 76.970, 76.971 and 76.977 of this chapter (cable leased access 
rates); subpart O (competitive access to cable programming); subpart 
P (competitive availability of navigation devices); subpart Q 
(regulation of carriage agreements); subpart S (Open Video Systems); 
and subparts T, U and V to the extent related to the matters listed 
in this note.

* * * * *
    (15) Identify and analyze complaint information, conduct 
investigations, conduct external audits and collect information, 
including pursuant to sections 218, 220, 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.
* * * * *
    (19) 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 
and Governmental Affairs Bureau or other Bureaus and Offices.
* * * * *

    12. Section 0.121 is amended by revising paragraph (b) to read as 
follows:


Sec. 0.121  Location of field installations.

* * * * *
    (b) Protected field offices are located at the following 
geographical coordinates (coordinates are referenced to North American 
Datum 1983 (NAD83)):

Allegan, Michigan
    42 deg.36'20.1" N. Latitude
    85 deg.57'20.1" W. Longitude
Anchorage, Alaska
    61 deg.09'41." N. Latitude
    150 deg.00'03.0" W. Longitude
Belfast, Maine
    44 deg.26'42.3" N. Latitude
    69 deg.04'56.1" W. Longitude
Canandaigua, New York
    42 deg.54'48.2" N. Latitude
    77 deg.15'57.9" W. Longitude
Douglas, Arizona
    31 deg.30'02.3" N. Latitude
    109 deg.39'14.3" W. Longitude
Ferndale, Washington
    48 deg.57'20.4" N. Latitude
    122 deg.33'17.6" W. Longitude
Grand Island, Nebraska
    40 deg.55'21.0" N. Latitude
    98 deg.25'43.2" W. Longitude
Kingsville, Texas
    27 deg.26'30.1" N. Latitude
    97 deg.53'01.0" W. Longitude
Laurel, Maryland
    39 deg.09'54.4" N. Latitude
    76 deg.49'15.9" W. Longitude
Livermore, California
    37 deg.43'29.7" N. Latitude
    121 deg.45'15.8" W. Longitude
Powder Springs, Georgia
    33 deg.51'44.4" N. Latitude
    84 deg.43'25.8" W. Longitude
Santa Isabel, Puerto Rico
    18 deg.00'18.9" N. Latitude
    66 deg.22'30.6" W. Longitude
Vero Beach, Florida
    27 deg.36'22.1" N. Latitude
    80 deg.38'05.2" W. Longitude
Waipahu, Hawaii
    21 deg.22'33.6" N. Latitude
    157 deg.59'44.1" W. Longitude

    13. In Sec. 0.131 paragraph (a) remove the words ``Common Carrier 
Bureau'' and add, in their places the words ``Wireline Competition 
Bureau'' and revise the last sentence in paragraph (i) to read as 
follows:


Sec. 0.131  Functions of the Bureau.

* * * * *
    (i) * * * Also assists the Consumer and Governmental Affairs Bureau 
with informal consumer complaints and other general inquiries by 
consumers.
* * * * *

    14. Section 0.141 and the undesignated center heading which 
immediately precedes it are revised to read as follows:

Consumer and Governmental Affairs Bureau


Sec. 0.141  Functions of the Bureau.

    The Consumer and Governmental Affairs Bureau develops and 
administers the Commission's consumer and governmental affairs policies 
and initiatives to enhance the public's understanding of the 
Commission's work and to facilitate the Agency's relationships with 
other governmental agencies and organizations. The Bureau is 
responsible for rulemaking proceedings regarding general consumer 
education policies and procedures and serves as the primary Commission 
entity responsible for communicating with the general public regarding 
Commission policies, programs, and activities in order to facilitate 
public participation in the Commission's decision-making processes. The 
Bureau also performs the following functions:
    (a) Advises and makes recommendations to the Commission, or acts 
for the Commission under delegated authority, in matters pertaining to 
consumers and governmental affairs. This includes policy development 
and coordination as well as adjudication and rulemaking.
    (b) Collaborates with, and advises and assists, the public, state 
and local governments, and other governmental agencies and industry 
groups on consumer matters.
    (c) Advises the Commission and other Bureaus and Offices of 
consumer and governmental affairs-related areas of concern or interest; 
initiates, reviews, and coordinates orders, programs and actions, in 
conjunction with other Bureaus and Offices, in matters regarding 
consumer education policies and procedures, and any other related 
issues affecting consumer policy; represents the Commission on consumer 
and governmental-related committees, working groups, task forces and 
conferences within and outside the Commission; and provides expert 
advice and assistance to Bureaus and Offices and consumers regarding 
compliance with applicable disability and accessibility requirements, 
rules, and regulations.
    (d) Collects and analyzes information from industry, other Bureaus 
and Offices, and the media, as well as information received in the 
Bureau from informal consumer inquiries and complaints, rulemakings, 
and consumer forums; identifies trends that affect consumers; in 
consultation with the Office of the Managing Director, provides 
objectives and evaluation methods for the public information portion of 
the Commission's Government Performance and Results Act submissions and 
other Commission-wide strategic planning efforts.
    (e) Researches, develops, and distributes materials to inform 
consumers about the Commission's rules, proposals, and events, and to 
promote consumer participation in Commission rulemakings and 
activities; maintains the Commission's Consumer Information Directory; 
develops a library of commonly requested materials on issues of 
interest to all consumers. Ensures that alternative translations of 
Commission materials are available to Commission employees, Bureaus, 
Offices, and members of the public.
    (f) Advises and makes recommendations to the Commission, or acts 
for the Commission under delegated authority, in matters pertaining to 
persons with disabilities.

[[Page 13220]]

Provides expert advice and assistance, as required, to other Bureaus 
and Offices, consumers, industry, and others on issues relevant to 
persons with disabilities. Initiates rulemakings, where appropriate; 
reviews relevant agenda items and other documents and coordinates with 
Bureaus and Offices to develop recommendations and propose policies to 
ensure that communications are accessible to persons with disabilities, 
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.
    (g) Plans, develops, and conducts consumer outreach and education 
initiatives to educate the public about important Commission regulatory 
programs. In coordination with other Bureaus and Offices, establishes 
liaison(s) for information sharing purposes to ensure coordination on 
all consumer outreach projects. Ensures that alternative translations 
of Commission materials are available to Commission employees, Bureaus, 
Offices and members of the public.
    (h) Serves as the official FCC records custodian for designated 
records, including intake processing, organization and file 
maintenance, reference services, and retirement and retrieval of 
records; manages the Electronic Comment Filing System and certifies 
records for adjudicatory and court proceedings. Maintains manual and 
computerized files that provide for the public inspection of public 
record materials concerning Broadcast Ownership, AM/FM/TV, TV 
Translators, FM Translators, Cable TV, Wireless, Auction, Common 
Carrier Tariff matters, International space station files, earth 
station files, DBS files, and other miscellaneous international files. 
Also maintains for public inspection Time Brokerage and Affiliation 
Agreements, court citation files, and legislative histories concerning 
telecommunications dockets. Provides the public and Commission staff 
prompt access to manual and computerized records and filing systems.
    (i) Provides informal mediation and resolution of individual 
informal consumer inquiries and complaints consistent with Commission 
regulations. Resolves certain classes of informal complaints, as 
specified by the Commission, through findings of fact and issuance of 
orders. Receives, reviews, and analyzes responses to informal 
complaints; maintains manual and computerized files that permit the 
public inspection of informal consumer complaints; mediates and 
attempts to settle unresolved disputes in informal complaints as 
appropriate; and coordinates with other Bureaus and Offices to ensure 
that consumers are provided with accurate, up-to-date information. 
Develops and fosters partnerships with state regulatory entities to 
promote the sharing of information pertaining to informal complaint 
files maintained by the Bureau.
    (j) Provides leadership to other Bureaus and Offices for 
dissemination of consumer information via the Internet.
    (k) In coordination with other Bureaus and Offices, handles 
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 or other Bureaus or Offices. Responds to 
and/or coordinates due diligence and other requests for information 
pertaining to informal inquiries and complaints under the 
responsibility of the Bureau with other Bureaus and Offices.

    15. Section 0.182 is amended by revising paragraph (b) to read as 
follows:


Sec. 0.182  Chief, Enforcement Bureau.

* * * * *
    (b) In coordination with the Office of Managing Director, which has 
responsibility for developing the Commission's Continuity of Operations 
Plan (COOP). 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.
* * * * *


Sec. 0.241  [Amended].

    16. In Sec. 0.241 (d) remove the words ``Chief, Mass Media Bureau'' 
and add, in their place, the words ``Chief, Media Bureau.''

    17. Section 0.261 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 0.261  Authority delegated.

    (a) * * *
    (3) To act upon applications for international telecommunications 
and services pursuant to part 23 of this chapter and relevant portions 
of part 63 of this chapter, and coordinate with the Wireline 
Competition Bureau as appropriate;
* * * * *

    18. Section 0.283 and the undesignated center heading which 
immediately precedes it are revised to read as follows:

Chief, Media Bureau


Sec. 0.283  Authority delegated.

    The Chief, Media Bureau, is delegated authority to perform all 
functions of the Bureau, described in Sec. 0.61, 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, with the exception of rulemaking proceedings 
involving the allotment of FM and television channels.
    (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.
    (d) The imposition, reduction or cancellation of forfeitures 
pursuant to section 503(b) of the Communications Act of 1934, as 
amended, in amounts of more than $20,000.


Sec. 0.284  [Amended]

    19. In Sec. 0.284 paragraphs (a) introductory text and (b) remove 
the words ``Chief, Mass Media Bureau'' and add, in their place, the 
words ``Chief, Media Bureau'', remove paragraphs (a)(2), (a)(7) and 
(c); redesignate paragraphs (a)(3), (a)(4), (a)(5), (a)(6), (a)(8) and 
(a)(9) as paragraphs (a)(2) through (a)(7).

    20. 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 Media Bureau. The official records of action are maintained in the 
Reference Information Center in the Consumer and Governmental Affairs 
Bureau.

    21. The undesignated center heading preceding Sec. 0.291 is revised 
and Sec. 0.291 is amended by removing the words ``Common Carrier 
Bureau'' and add, in their place, the words ``Wireline Competition 
Bureau'' each place it appears, by removing paragraph (c), by 
redesignating paragraphs (d) through (j) as paragraphs (c) through (i), 
and by revising newly designated paragraphs (c) and (i)(2) to read as 
follows:

Chief, Wireline Competition Bureau


Sec. 0.291  Authority delegated.

* * * * *

[[Page 13221]]

    (c) Authority to designate for hearing. The Chief, Wireline 
Competition Bureau shall not have authority to designate for hearing 
any applications except applications for facilities where the issues 
presented relate solely to whether the applicant has complied with 
outstanding precedents and guidelines.
* * * * *
    (i) * * *
    (2) The Chief, Wireline Competition Bureau, shall not have 
authority to act on petitions filed pursuant to part 69, subpart H, of 
this chapter for pricing flexibility involving common line and traffic 
sensitive services.

    22. 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, Wireline 
Competition Bureau pursuant to authority delegated to the Chief. The 
official records of action are maintained in the Reference Information 
Center in the Consumer and Governmental Affairs Bureau.

    23. Section 0.303 is revised to read as follows:


Sec. 0.303  Authority concerning registration of telephone terminal 
equipment.

    Authority is delegated to the Chief of the Wireline Competition 
Bureau jointly in cooperation with the Chief Engineer to act upon 
applications for registration of equipment to be directly connected to 
the telephone network; Provided, however, That the Chief, Wireline 
Competition Bureau shall exercise overall policy direction of the 
program, with appropriate consultation with the Chief Engineer (For 
record of actions taken under this section, see Sec. 0.247).


Sec. 0.304  [Amended]

    24. In Sec. 0.304 remove the words ``Chief, Common Carrier Bureau'' 
and add, in their place, the words ``Chief, Wireline Competition 
Bureau.''

    25. Section 0.311 is amended by adding paragraph (a)(6) and by 
revising paragraph (c) to read as follows:


Sec. 0.311  Authority delegated.

* * * * *
    (a) * * *
    (6) Release of information pursuant to section 220(f) of the 
Communications Act, except for release of such information to a state 
public utility commission or in response to a Freedom of Information 
Act Request.
* * * * *
    (c) Action on emergency requests for Special Temporary Authority 
during non-business hours shall be promptly reported to the responsible 
Bureau or Office.

    Note to Paragraph (c): See also Sec. 0.182 of this chapter.


    26. Section 0.314 is amended by revising paragraphs (f), (g), (h), 
(i), and (j) to read as follows:


Sec. 0.314  Additional authority delegated.

* * * * *
    (f) Issue notices and orders to operators of industrial, 
scientific, and medical (ISM) equipment, as provided in Sec. 18.115 of 
this chapter.
    (g) Act on 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) Issue notices and orders to operators of part 15 devices, as 
provided in Sec. 15.5 of this chapter.
    (i) Issue notices and orders to suspend operations to multi-channel 
video programming distributors, as provided in Sec. 76.613 of this 
chapter.
    (j) Issue notices and orders to suspend operations to part 74 
licensees, as provided in Sec. 74.23 of this chapter.


Sec. 0.321  [Removed]

    27. Section 0.321 is removed.


Sec. 0.325  [Removed]

    28. Section 0.325 is removed.


Sec. 0.347  [Amended]

    29. In Sec. 0.347 remove the words ``Consumer Information Bureau'' 
and add, in their place, the words ``Consumer and Governmental Affairs 
Bureau.''


Sec. 0.357  [Amended]

    30. In Sec. 0.357 remove the words ``Consumer Information Bureau'' 
and add, in their place, the words ``Consumer and Governmental Affairs 
Bureau.''

    31. The undesignated center heading preceding Sec. 0.361 is 
revised, and Sec. 0.361 is amended by revising the introductory text to 
read as follows:

Consumer and Governmental Affairs Bureau


Sec. 0.361  Authority delegated.

    The Chief, Consumer and Governmental Affairs 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:
* * * * *

    32. Section 0.387 is amended by revising paragraph (a) to read as 
follows:


Sec. 0.387  Other national security and emergency preparedness 
delegations; cross reference.

    (a) For authority of the Chief of the Media Bureau to issue 
Emergency Alert System Authorizations (FCC Form 392), see Secs. 0.284 
(a) (4) and 73.913.
* * * * *

    33. Section 0.401 is amended by revising paragraph (a)(5) to read 
as follows:


Sec. 0.401  Location of Commission offices.

* * * * *
    (a) * * *
    (5) The location of the Office of General Counsel is 445 12th 
Street, SW, Washington, DC 20554.
* * * * *


Sec. 0.423  [Amended]

    34. In Sec. 0.423 remove the words ``Consumer Information Bureau, 
Consumer Information Network Division'' and add, in their place, the 
words ``Consumer and Governmental Affairs Bureau.''


Sec. 0.441  [Amended]

    35. In Sec. 0.441 remove the words ``Consumer Information Bureau'' 
and add, in their place, the words ``Consumer and Governmental Affairs 
Bureau'' each place it appears.

    36. Section 0.453 is amended by revising the introductory text, 
paragraphs (a) introductory text, (a)(2)(ii)(E), (b), (f), (g) 
introductory text, (i) introductory text and (j) and by removing 
paragraph (1) and redesignating paragraphs (m) through (o) as 
paragraphs (1) through (n) and by revising newly designated paragraph 
(m) to read as follows:


Sec. 0.453  Public reference rooms.

    The Commission maintains the following public reference rooms at 
its offices in Washington, DC, and Columbia, Maryland. Much of the 
information available from the public reference rooms may also be 
retrieved from the Commission's WorldWide Website at http://www.fcc.gov:

    (a) The Reference Information Center of the Consumer and 
Governmental Affairs Bureau.
    (2) * * *
    (ii) * * *
    (E) All applications for common carrier authorizations acted upon 
by the Enforcement Bureau, and related files.
* * * * *
    (b) Reference Information Center. Station files containing 
applications and

[[Page 13222]]

related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary, and 
Low Power Auxiliary Stations in the mass media services.
* * * * *
    (f) The Media Bureau. The Media 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.
    (g) The Wireline Competition Bureau. Section 214 applications and 
related files, to the extent that they concern domestic communications 
facilities and services are available for inspection at this location.
* * * * *
    (i) The Wireline Competition Bureau, Industry Analysis Reference 
Room. The following documents, files and records are available for 
inspection at this location.
* * * * *
    (j) The Wireline Competition Bureau, Tariff Review Reference Room. 
Contains currently effective tariffs filed by Communications Common 
Carriers pursuant to various FCC Rules and Regulations. Also available 
for review and copying are recent revisions to tariff filings and the 
Public Reference Room Log, which is prepared daily and lists the tariff 
filings received the previous day.
* * * * *
    (m) The Media Bureau Reference Center. The following documents, 
files and records are available for inspection at this location.
    (1) 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.
    (2) All cable operator requests for approval of existing or 
increased cable television rates for basic service and associated 
equipment over which the Commission has 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.
    (3) Special relief petitions and files pertaining to cable 
television operations.
    (4) Cable television system reports filed by operators pursuant to 
Sec. 76.403 of this chapter.
* * * * *

    37. 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 office upon request. 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) 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.
    (4) 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.
    (b) Wireline Competition 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 Group.
    (2) Files containing information concerning the history of the 
Commission's rules. These files are available for inspection in the 
Publications Group.
    (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) 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). (Application files, technical journals and other 
technical materials are maintained at the Commission's Laboratory at 
Columbia, Maryland.)
    (e) 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, Strategic Analysis 
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.

    38. Section 0.465(a) is amended by revising the Note to Paragraph 
(a) 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 of renewal in a Public 
Notice and periodically thereafter. Questions regarding this 
information should be directed to the Reference Information Center 
of the Consumer and Governmental Affairs Bureau.

* * * * *

[[Page 13223]]

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


Sec. 1.4  [Amended].

    40. In Sec. 1.4(f) remove the words ``Mass Media Bureau'' and add, 
in their place, the words ``Media Bureau.''

    41. Section 1.115 is amended by revising paragraph (e)(4) to read 
as follows:


Sec. 1.115  Application for review of action taken pursuant to 
delegated authority.

* * * * *
    (e) * * *
    (4) Applications for review of final staff decisions issued on 
delegated authority in formal complaint proceedings on the Enforcement 
Bureau's Accelerated Docket (see, e.g., Sec. 1.730) shall be filed 
within 15 days of public notice of the decision, as that date is 
defined in Sec. 1.4(b). These applications for review oppositions and 
replies in Accelerated Docket proceedings shall be served on parties to 
the proceeding by hand or facsimile transmission.
* * * * *


Sec. 1.221  [Amended]

    42. In Sec. 1.221 (b) remove the words ``Reference Operations 
Division of the Consumer Information Bureau'' and in paragraph (c) 
remove the words ``Reference Information Division of the Consumer 
Information Bureau'', and add, in their place, the words ``Reference 
Information Center of the Consumer and Governmental Affairs Bureau.''

    43. Section 1.403 is revised to read as follows:


Sec. 1.403  Notice and availability.

    All petitions for rule making (other than petitions to amend the 
FM, Television, and Air-Ground Tables of Assignments) meeting the 
requirements of Sec. 1.401 will be given a file number and, promptly 
thereafter, a ``Public Notice'' will be issued (by means of a 
Commission release entitled ``Petitions for Rule Making Filed'') as to 
the petition, file number, nature of the proposal, and date of filing, 
Petitions for rule making are available at the Commission's Reference 
Information Center, 445 12th Street, SW, Washington, DC and may also be 
available electronically over the Internet at http://www.fcc.gov/.


Sec. 1.419  [Amended]

    44. In Sec. 1.419 (b) remove the words ``Information Office'' and 
add, in their place, the words ``Reference Information Center'' each 
place it appears.


Sec. 1.703  [Amended]

    45. In Sec. 1.703 (c) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Enforcement Bureau.''


Sec. 1.735  [Amended]

    46. In Sec. 1.735 (b)(3) remove the words ``Telecommunications 
Division'' and add, in their place, the words ``Policy Division.''


Sec. 1.742  [Amended]

    47. In Sec. 1.742 remove the words ``Common Carrier Bureau'' and 
add, in their place, the words ``Wireline Competition Bureau.''


Sec. 1.743  [Amended]

    48. In Sec. 1.743 (e) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

    49. Section 1.749 is revised to read as follows:


Sec. 1.749  Action on application under delegated authority.

    Certain applications do not require action by the Commission but, 
pursuant to the delegated authority contained in subpart B of part 0 of 
this chapter, may be acted upon by the Chief of the Wireline 
Competition Bureau subject to reconsideration by the Commission.

    50. Section 1.773 is amended by revising paragraphs (a)(2) 
introductory text, (a)(4) and (b)(3) to read as follows:


Sec. 1.773  Petitions for suspension or rejection of new tariff 
filings.

    (a) * * *
    (2) When filed. All petitions seeking investigation, suspension, or 
rejection of a new or revised tariff filing shall meet the filing 
requirements of this paragraph. In case of emergency and within the 
time limits provided, a telegraphic request for such relief may be sent 
to the Commission setting forth succinctly the substance of the matters 
required by paragraph (a)(1) of this section. A copy of any such 
telegraphic request shall be sent simultaneously to the Chief, Wireline 
Competition Bureau, the Chief, Pricing Policy Division, and the 
publishing carrier. Thereafter, the request shall be confirmed by 
petition filed and served in accordance with Sec. 1.773(a)(4).
* * * * *
    (4) Copies, service. An original and four copies of each petition 
shall be filed with the Commission as follows: the original and three 
copies of each petition shall be filed with the Secretary, FCC room TW-
A325, 445 12th Street, SW, Washington, DC 20554; one copy must be 
delivered directly to the Commission's copy contractor. Additional, 
separate copies shall be served simultaneously upon the Chief, Wireline 
Competition Bureau; and the Chief, Pricing Policy Division. Petitions 
seeking investigation, suspension, or rejection of a new or revised 
tariff made on 15 days or less notice shall be served either personally 
or via facsimile on the filing carrier. If a petition is served via 
facsimile, a copy of the petition must also be sent to the filing 
carrier via first class mail on the same day of the facsimile 
transmission. Petitions seeking investigation, suspension, or rejection 
of a new or revised tariff filing made on more than 15 days notice may 
be served on the filing carrier by mail.
    (b) * * *
    (3) Copies, service. An original and four copies of each reply 
shall be filed with the Commission, as follows: the original and three 
copies must be filed with the Secretary, FCC room TW-A325, 445 12th 
Street, SW, Washington, DC 20554; one copy must be delivered directly 
to the Commission's copy contractor. Additional separate copies shall 
be served simultaneously upon the Chief, Wireline Competition Bureau, 
the Chief, Pricing Policy Division and the petitioner. Replies to 
petitions seeking investigation, suspension, or rejection of a new or 
revised tariff made on 15 days or less notice shall be served on 
petitioners personally or via facsimile. Replies to petitions seeking 
investigation, suspension, or rejection of a new or revised tariff made 
on more than 15 days notice may be served upon petitioner personally, 
by mail or via facsimile.

    51. Section 1.774 is amended by revising paragraph (e)(2)(ii) and 
in paragraph (f) remove the words ``Common Carrier Bureau'' and add, in 
their place, the words ``Wireline Competition Bureau'' to read as 
follows:


Sec. 1.774  Pricing flexibility.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Any interested party electing to file an opposition or comment 
in response to a pricing flexibility petition through a method other 
than ETFS must file an original and four copies of each opposition or 
comment with the Commission, as follows: the original and three copies 
of each pleading shall be filed with the Secretary, FCC, 445 12th 
Street, SW, Washington, DC,

[[Page 13224]]

20554; one copy must be delivered directly to the Commission's copy 
contractor. Additional, separate copies shall be served upon the Chief, 
Wireline Competition Bureau and the Chief, Pricing Policy Division.
* * * * *


Sec. 1.821  [Amended]

    52. In Sec. 1.821 remove the words ``Mass Media Bureau'' and add, 
in their place, the words ``Wireless Telecommunications Bureau.''


Sec. 1.924  [Amended]

    53. In Sec. 1.924 (c)(3) remove the words ``Compliance and 
Information Bureau'' and add, in their place, the words ``Enforcement 
Bureau.''


Sec. 1.1106  [Amended]

    54. In Sec. 1.1106 in the address column, remove the words ``Cable 
Services Bureau'' and add, in their place, the words ``Cable Services'' 
each place it appears.

    55. Section 1.1163 is amended by revising paragraph (c)(1) to read 
as follows:


Sec. 1.1163  Adjustments to regulatory fees.

* * * * *
    (c) * * *
    (1) Be derived by determining the full-time equivalent number of 
employees performing enforcement activities, policy and rulemaking 
activities, user information services, and international activities 
within the Wireline Competition Bureau, Media Bureau, International 
Bureau and other offices of the Commission, adjusted to take into 
account factors that are reasonably related to the benefits provided to 
the payor of the fee by the Commission's activities, including such 
factors as service coverage area, shared use versus exclusive use, and 
other factors that the Commission determines are necessary in the 
public interest:
* * * * *

    56. Section 1.1202 (d) is amended by revising Note 4 to paragraph 
(d) to read as follows:


Sec. 1.1202  Definitions.

* * * * *
    (d) * * *

    Note 4 to Paragraph (d):
    Individual listeners or viewers submitting comments regarding a 
pending broadcast application pursuant to Sec. 1.1204(a)(8) will not 
become parties simply by service of the comments. The Media Bureau 
may, in its discretion, make such a commenter a party, if doing so 
would be conducive to the Commission's consideration of the 
application or would otherwise be appropriate.

* * * * *

    57. Section 1.4000 is amended by revising the section heading and 
paragraph (h) to read as follows:


Sec. 1.4000  Restrictions impairing reception of television broadcast 
signals, direct broadcast satellite services or multichannel multipoint 
distribution services.

* * * * *
    (h) 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 and Governmental Affairs 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 the Commission decisions will be available on the 
Internet.

    58. Section 1.7001 is amended by revising paragraph (d) to read as 
follows:


Sec. 1.7001  Scope and content of filed reports.

* * * * *
    (d) Respondents may make requests for Commission non-disclosure of 
provider-specific data contained in FCC Form 477 under Sec. 0.459 of 
this chapter by so indicating on Form 477 at the time that the subject 
data are submitted. The Commission shall make all decisions regarding 
non-disclosure or provider-specific information, except that the Chief 
of the Wireline Competition Bureau may release provider-specific 
information to a state commission provided that the state commission 
has protections in place that would preclude disclosure of any 
confidential information.
* * * * *

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

    59. The authority citation for part 21 continues to read:

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102, 47 U.S.C. 151, 
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 
U.S.C. 552, 554.


Sec. 21.305  [Amended]

    60. In Sec. 21.305 remove the words ``Common Carrier Bureau'' and 
add, in their place, the words ``Wireless Telecommunications Bureau.''

    61. Section 21.912 is amended by revising paragraph (d) to read as 
follows:


Sec. 21.912  Cable television company eligibility requirements and MDS/
cable cross-ownership.

* * * * *
    (d) The provisions of paragraphs (a) through (c) of this section 
will not apply to one MDS or MMDS channel used to provide locally-
produced programming to cable headends. Locally-produced programming is 
programming produced in or near the cable operator's franchise area and 
not broadcast on a television station available within that franchise 
area. A cable operator will be permitted one MDS channel in an MMDS 
protected service area for this purpose, and no more than one MDS 
channel in an MMDS protected service area may be used by a cable 
television company or its affiliate or lessor pursuant to this 
paragraph. The licensee for a cable operator providing local 
programming pursuant to a lease must include in a notice filed with the 
Wireless Telecommunications Bureau a cover letter explicitly 
identifying itself or its lessees as a local cable operator and stating 
that the lease was executed to facilitate the provision of local 
programming. The first application or the first lease notification in 
an area filed with the Commission will be entitled to the exemption. 
The limitations on one MDS channel per party and per area include any 
cable/MDS operations grandfathered pursuant to paragraph (f) of this 
section or cable/ITFS operations grandfathered pursuant to 
Sec. 74.931(e) of this chapter. The cable operator must demonstrate in 
its MDS/MMDS application that the proposed local programming will be 
provided within one year from the date its application is granted. 
Local programming service pursuant to a lease must be provided within 
one year of the date of the lease or one year of grant of the 
licensee's application for the leased channel, whichever is later. If 
an MDS license for these purposes is granted and the programming is 
subsequently discontinued, the license will be automatically forfeited 
the day after local programming service is discontinued.
* * * * *

[[Page 13225]]

Sec. 21.924  [Amended]

    62. In Sec. 21.924 (a) remove the words ``Consumer Information 
Bureau'' and add, in their place, the words ``Consumer and Governmental 
Affairs Bureau.''

PART 22--PUBLIC MOBILE SERVICES

    63. The authority citation for part 22 continues to read:

    Authority: 47 U.S.C. 154, 222, 303, 309, and 332.


    64. Section 22.757 is amended by revising paragraph (e) to read as 
follows:


Sec. 22.757  Channels for basic exchange telephone radio systems.

* * * * *
    (e) Frequencies between 816-865 MHz are available for use on a 
coordinated basis by both commercial and private wireless licensees.

    65. Section 22.947 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec. 22.947  Five year build-out period.

* * * * *
    (c) System information update. Sixty days before the end of the 
five year build-out period, the licensee of each cellular system 
authorized on each channel block in each cellular market must file, in 
triplicate, a system information update (SIU), comprising a full size 
map, a reduced map, and an exhibit showing technical data relevant to 
determination of the system's CGSA. Separate maps must be submitted for 
each market into which the CGSA extends, showing the extension area in 
the adjacent market. Maps showing extension areas must be labeled (i.e. 
marked with the market number and channel block) for the market into 
which the CGSA extends. SIUs must accurately depict the relevant cell 
locations and coverage of the system at the end of the five year build-
out period. SIUs must be filed at the Wireless Telecommunications 
Bureau, Commercial Wireless Division, 445 12th Street SW, Room 4-C232, 
Washington, DC 20554. If any changes to the system occur after the 
filing of the SIU, but before the end of the five year build-out 
period, the licensee must file, in triplicate, additional maps and/or 
data as necessary to insure that the cell locations and coverage of the 
system as of the end of the five year build-out period are accurately 
depicted.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE

    66. The authority for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.


    67. Section 27.6 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec. 27.6  Service areas.

    (a) WCS service areas are Major Economic Areas (MEAs) and Regional 
Economic Area Groupings (REAGs) as defined in the Table immediately 
following paragraph (a)(1) of this section. 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 and 
Governmental Affairs Bureau, Federal Communications Commission, 445 
12th Street, SW, Washington, DC 20554.
* * * * *

PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS 
COMPANIES

    68. The authority citation for part 32 continues to read:

    Authority: 47 U.S.C. 154(I), 154(j) and 220 as amended, unless 
otherwise noted.


    69. Section 32.17 is revised to read as follows:


Sec. 32.17  Interpretation of accounts.

    To the end that uniform accounting shall be maintained within the 
prescribed system, questions involving significant matters which are 
not clearly provided for shall be submitted to the Chief, Wireline 
Competition Bureau, for explanation, interpretation, or resolution. 
Questions and answers thereto with respect to this system of accounts 
will be maintained by the Wireline Competition Bureau.


Sec. 32.19  [Amended]

    70. In Sec. 32.19 remove the words ``Common Carrier Bureau'' and 
add, in their place, the words ``Wireline Competition Bureau.''


Sec. 32.27  [Amended]

    71. In Sec. 32.27 (a) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    72. The authority citation for part 43 continues to read:

    Authority: 47 U.S.C. 154; Telecommunications Act of 1996, Pub. 
L. 104-104, secs. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended 
unless otherwise noted. 47 U.S.C. 211, 219, 220 as amended.

    73. Section 43.21 is amended by revising the section heading and 
paragraphs (g) and (h) to read as follows:


Sec. 43.21  Transactions with affiliates.

* * * * *
    (g) Each incumbent local exchange carrier for whom price cap 
regulation is mandatory and every incumbent local exchange carrier that 
elects to be covered by the price cap rules shall file, by April 1 of 
each year, a report designed to capture trends in service quality under 
price cap regulation. The report shall contain data relative to network 
measures of service quality, as defined by the Wireline Competition 
Bureau, from the previous calendar year on a study area basis.
    (h) Each incumbent local exchange carrier for whom price cap 
regulation is mandatory shall file, by April 1 of each year, a report 
designed to capture trends in service quality under price cap 
regulation. The report shall contain data relative to customer measures 
of service quality, as defined by the Wireline Competition Bureau, from 
the previous calendar year a study area basis.
* * * * *


Sec. 43.61  [Amended]

    74. In Sec. 43.61 (a)(3) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

PART 51--INTERCONNECTION

    75. The authority citation for part 51 continues to read:

    Authority: Sections 1-5, 7, 201-05, 207-09, 218, 225-27, 251-54, 
271, 332, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 
201-05, 207-09, 218, 225-27, 251-54, 271, 332, unless otherwise 
noted.


    76. Section 51.329 is amended by revising paragraph (c)(3) to read 
as follows:

[[Page 13226]]

Sec. 51.329  Notice of network changes: Methods for providing notice.

* * * * *
    (c) * * *
    (3) In addition, one paper copy and one diskette copy must be sent 
to the ``Chief, Wireline Competition Bureau, Federal Communications 
Commission, Washington, DC 20554.'' The diskette copy must be on a 
standard 3 1/2 inch diskette, formatted in IBM-compatible format to be 
readable by high-density floppy drives operating under MS DOS 5.X or 
later compatible versions, and shall be in a word-processing format 
designated, from time-to-time, in public notices released by the 
Bureau. The diskette must be submitted in ``read only'' mode, and must 
be clearly labeled with the carrier's name, the filing date, and an 
identification or the diskette's contents.

    77. Section 51.333 is amended by revising paragraph (e) to read as 
follows:


Sec. 51.333  Notice of network changes: Short term notice.

* * * * *
    (e) Resolution. If an objection is filed pursuant to paragraph (c) 
of this section, then the Chief, Wireline Competition Bureau, will 
issue an order determining a reasonable public notice period, provided 
however, that if an incumbent LEC does not file a response within the 
time period allotted, or if the incumbent LEC's response accepts the 
latest implementation date stated by an objector, then the incumbent 
LEC's public notice shall be deemed amended to specify the 
implementation date requested by the objector, without further 
Commission action. An incumbent LEC must amend its public notice to 
reflect any change in the applicable implementation date pursuant to 
Sec. 51.329(b).

PART 52--NUMBERING

    78. The authority citation for part 52 continues to read:

    Authority: Sec. 1, 2, 4, 5, 48 Stat. 1066, as amended; 47 U.S.C. 
151, 152, 154, 155 unless otherwise noted. Interpret or apply secs. 
3, 4, 201-05, 207-09, 218, 225-7, 251-2, 271 and 332, 48 Stat. 1070, 
as amended, 1077; 47 U.S.C. 153, 154, 201-05, 207-09, 218, 225, 251-
2, 271 and 332 unless otherwise noted.


Sec. 52.15  [Amended]

    79. In Sec. 52.15(f)(6)(iii) and (i)(7) remove the words ``Common 
Carrier Bureau'' and add, in their place, the words ``Wireline 
Competition Bureau.''


Sec. 52.16  [Amended]

    80. In Sec. 52.16 (c) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''


Sec. 52.23  [Amended]

    81. In Sec. 52.23 (f) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''


Sec. 52.25  [Amended]

    82. In Sec. 52.25 (g) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau'' each 
place it appears.


Sec. 52.26  [Amended]

    83. In Sec. 52.26 (b)(3) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau'' each 
place it appears.


Sec. 52.32  [Amended]

    84. In Sec. 52.32 (b) and (c) remove the words ``Common Carrier 
Bureau'' and add, in their place, the words ``Wireline Competition 
Bureau.''


Sec. 52.109  [Amended]

    85. In Sec. 52.109 (c) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

PART 53--SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES

    86. The authority citation for part 53 continues to read:

    Authority: Sections 1-5, 7, 201-05, 218, 251, 253, 271-75, 48 
Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201-05, 218, 
251, 253, 271-75, unless otherwise noted.


Sec. 53.209  [Amended]

    87. In Sec. 53.209 (d) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Enforcement Bureau'' each place it 
appears.


53.211  [Amended]

    88. In Sec. 53.211 (e)(3) remove the words ``Common Carrier 
Bureau'' and add, in their place, the words ``Enforcement Bureau.''

PART 54--UNIVERSAL SERVICE

    89. The authority citation for part 54 continues to read:

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


    90. Section 54.207 is amended by revising paragraph (e) to read as 
follows:


Sec. 54.207  Service areas.

* * * * *
    (e) The Commission delegates its authority under paragraphs (c) and 
(d) of this section to the Chief, Wireline Competition Bureau.

    91. Section 54.301 is amended by revising paragraph (f)(2) to read 
as follows:


Sec. 54.301  Local Switching Support.

* * * * *
    (f) * * *
    (2) The Commission delegates its authority to review, modify, and 
approve the formula submitted by the Administrator pursuant to this 
paragraph to the Chief, Wireline Competition Bureau.

    92. Section 54.703 is amended by revising paragraphs (c)(2) and (d) 
to read as follows:


Sec. 54.703  The Administrator's Board of Directors.

* * * * *
    (c) * * *
    (2) The name of an industry or non-industry group's nominee shall 
be filed with the Office of the Secretary of the Federal Communications 
Commission in accordance with part 1 of this chapter. The document 
nominating a candidate shall be captioned ``In the matter of: 
Nomination for Universal Service Administrator's Board of Directors'' 
and shall reference FCC Docket Nos. 97-21 and 96-45. Each nomination 
shall specify the position on the Board of Directors for which such 
nomination is submitted. Two copies of the document nominating a 
candidate shall be submitted to the Wireline Competition Bureau's 
Telecommunications Access Policy Division.
* * * * *
    (d) Board member terms. The directors of the Administrator's Board 
shall be appointed for three-year terms, except that the Chief 
Executive Officer shall be a permanent member of the Board. Board 
member terms shall run from January 1 of the first year of the term to 
December 31 of the third year of the term, except that, for purposes of 
the term beginning on January 1, 1999, the terms of the six directors 
shall expire on December 31, 2000, the terms of another six directors 
on December 31, 2001, and the terms of the remaining six directors on 
December 31, 2002. Directors may be reappointed for subsequent terms 
pursuant to the initial nomination and appointment process described in 
paragraph (c) of this section. If a Board member vacates his or her 
seat prior to the completion of his or her term, the Administrator will 
notify the Wireline Competition Bureau

[[Page 13227]]

of such vacancy, and a successor will be chosen pursuant to the 
nomination and appointment process described in paragraph (c) of this 
section.
* * * * *

    93. Section 54.709 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 54.709  Computations of required contributions to universal 
service support mechanisms.

    (a) * * *
    (3) Total projected expenses for the federal universal service 
support mechanisms for each quarter must be approved by the Commission 
before they are used to calculate the quarterly contribution factor and 
individual contributions. For each quarter, the Administrator must 
submit its projections of demand for the federal universal service 
support mechanisms for high-cost areas, low-income consumers, schools 
and libraries, and rural health care providers, respectively, and the 
basis for those projections, to the Commission and the Wireline 
Competition Bureau at least sixty (60) calendar days prior to the start 
of that quarter. For each quarter, the Administrator must submit its 
projections of administrative expenses for the high-cost mechanism, the 
low-income mechanism, the schools and libraries mechanism and the rural 
health care mechanism and the basis for those projections to the 
Commission and the Wireline Competition Bureau at least sixty (60) 
calendar days prior to the start of that quarter. Based on data 
submitted to the Administrator on the Telecommunications Reporting 
Worksheets, the Administrator must submit the total contribution base 
to the Wireline Competition Bureau at least sixty (60) days before the 
start of each quarter. The projections of demand and administrative 
expenses and the contribution factor shall be announced by the 
Commission in a public notice and shall be made available on the 
Commission's website. The Commission reserves the right to set 
projections of demand and administrative expenses at amounts that the 
Commission determines will serve the public interest at any time within 
the fourteen-day period following release of the Commission's public 
notice. If the Commission takes no action within fourteen (14) days of 
the date of release of the public notice announcing the projections of 
demand and administrative expenses, the projections of demand and 
administrative expenses, and the contribution factor shall be deemed 
approved by the Commission. Except as provided in Sec. 54.706(c), the 
Administrator shall apply the quarterly contribution factor, once 
approved by the Commission, to contributor's interstate and 
international end-user telecommunications revenues to calculate the 
amount of individual contributions.
* * * * *


Sec. 54.711  [Amended]

    94. In Sec. 54.711 (b) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

    95. Section 54.717 is revised to read as follows:


Sec. 54.717  Audits of the Administrator.

    The Administrator shall obtain and pay for an annual audit 
conducted by an independent auditor to examine its operations and books 
of account to determine, among other things, whether the Administrator 
is properly administering the universal service support mechanisms to 
prevent fraud, waste, and abuse:
    (a) Before selecting an independent auditor, the Administrator 
shall submit preliminary audit requirements, including the proposed 
scope of the audit and the extent of compliance and substantive 
testing, to the Wireline Competition Bureau.
    (b) The Wireline Competition Bureau shall review the preliminary 
audit requirements to determine whether they are adequate to meet the 
audit objectives. The Wireline Competition Bureau shall prescribe 
modifications that shall be incorporated into the final audit 
requirements.
    (c) After the audit requirements have been approved by the Wireline 
Competition Bureau, the Administrator shall engage within thirty (30) 
calendar days an independent auditor to conduct the annual audit 
required by this paragraph. In making its selection, the Administrator 
shall not engage any independent auditor who has been involved in 
designing any of the accounting or reporting systems under review in 
the audit.
    (d) The independent auditor selected by the Administrator to 
conduct the annual audit shall be instructed by the Administrator to 
develop a detailed audit program based on the final audit requirements 
and shall be instructed by the Administrator to submit the audit 
program to the Wireline Competition Bureau. The Wireline Competition 
Bureau shall review the audit program and make modifications, as 
needed, that shall be incorporated into the final audit program. During 
the course of the audit, the Wireline Competition Bureau may direct the 
Administrator to direct the independent auditor to take any actions 
necessary to ensure compliance with the audit requirements.
    (e) During the course of the audit, the Administrator shall 
instruct the independent auditor to:
    (1) Inform the Wireline Competition Bureau of any revisions to the 
final audit program or to the scope of the audit;
    (2) Notify the Wireline Competition Bureau of any meetings with the 
Administrator in which audit findings are discussed; and
    (3) Submit to the Chief of the Wireline Competition Bureau any 
accounting or rule interpretations necessary to complete the audit.
    (f) Within sixty (60) calendar days after the end of the audit 
period, but prior to discussing the audit findings with the 
Administrator, the independent auditor shall be instructed by the 
Administrator to submit a draft of the audit report to the Wireline 
Competition Bureau.
    (g) The Wireline Competition Bureau shall review the audit findings 
and audit workpapers and offer its recommendations concerning the 
conduct of the audit or the audit findings to the independent auditor. 
Exceptions of the Wireline Competition Bureau to the findings and 
conclusions of the independent auditor that remain unresolved shall be 
included in the final audit report.
    (h) Within fifteen (15) calendar days after receiving the Wireline 
Competition Bureau's recommendations and making any revisions to the 
audit report, the Administrator shall instruct the independent auditor 
to submit the audit report to the Administrator for its response to the 
audit findings. At this time the auditor also must send copies of its 
audit findings to the Wireline Competition Bureau. The Administrator 
shall provide the independent auditor time to perform additional audit 
work recommended by the Wireline Competition Bureau.
    (i) Within thirty (30) calendar days after receiving the audit 
report, the Administrator shall respond to the audit findings and send 
copies of its response to the Wireline Competition Bureau. The 
Administrator shall instruct the independent auditor that any reply 
that the independent auditor wishes to make to the Administrator's 
responses shall be sent to the Wireline Competition Bureau as well as 
the Administrator. The Administrator's response and the independent 
auditor's replies shall be included in the final audit report;
    (j) Within ten (10) calendar days after receiving the response of 
the

[[Page 13228]]

Administrator, the independent auditor shall file with the Commission 
the final audit report.
    (k) Based on the final audit report, the Chief of the Wireline 
Competition Bureau may take any action necessary to ensure that the 
universal service support mechanisms operate in a manner consistent 
with the requirements of this Part, as well as such other action as is 
deemed necessary and in the public interest.

    96. Section 54.722 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec. 54.722  Review by the Wireline Competition Bureau or the 
Commission.

    (a) Requests for review of Administrator decisions that are 
submitted to the Federal Communications Commission shall be considered 
and acted upon by the Wireline Competition Bureau; provided, however, 
that requests for review that raise novel questions of fact, law or 
policy shall be considered by the full Commission.
* * * * *

    97. Section 54.723 is revised to read as follows:


Sec. 54.723  Standard of review.

    (a) The Wireline Competition Bureau shall conduct de novo review of 
request for review of decisions issue by the Administrator.
    (b) The Federal Communications Commission shall conduct de novo 
review of requests for review of decisions by the Administrator that 
involve novel questions of fact, law, or policy; provided, however, 
that the Commission shall not conduct de novo review of decisions 
issued by the Wireline Competition Bureau under delegated authority.

    98. Section 54.724 is revised to read as follows:


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

    (a) The Wireline Competition 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 Wireline Competition 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 of a request for review of an Administrator decision pending 
before the Wireline Competition Bureau.
    (b) The Commission shall issue a written decision in response to a 
request for review of an Administrator decision that involves novel 
questions of fact, law, or policy within ninety (90) days. The 
Commission may extend the time period for taking action on the request 
for review of an Administrator decision. The Wireline Competition 
Bureau also may extend action on a request for review of an 
Administrator decision for a period of up to ninety days.

    99. Section 54.807 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec. 54.807  Interstate access universal service support.

* * * * *
    (c) In any study area within which the price cap local exchange 
carrier has established state approved geographically deaveraged rates 
for UNE loops, the Administrator shall calculate the Interstate Access 
Universal Service Support Per Line for each customer class and zone 
using all eligible telecommunications carriers' base period lines by 
customer class and zone adjusted for growth during the relevant support 
period based on the average nationwide annual growth in eligible lines 
during the three previous years. For the purpose of calculating growth, 
the Administrator shall use a simple average of annual growth rates for 
total switched access lines for the three most recent years as reported 
in the Wireline Competition Bureau Report, Statistics of Communications 
Common Carriers, Table 6.10--Selected Operating Statistics. Support 
shall be allocated to lines in the highest cost UNE zone first, and 
will ``cascade'' to lines in lower cost UNE zones to the extent that 
sufficient funding is available. Beginning with the zone with the 
highest Zone Average Revenue Per Line, support will be applied in the 
following order of priority:
* * * * *

PART 61--TARIFFS

    100. The authority citation for part 61 continues to read as 
follows:

    Authority: Secs. 1, 4(i), 4(j), 201-05 and 403 of the 
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 
154(j), 201-05 and 403, unless otherwise noted.


    101. Section 61.17 is amended in paragraph (c), in the application 
format, by revising the line beginning ``Attention:'' to read as 
follows:


Sec. 61.17  Method of filing applications for special permission.

* * * * *
    (c) * * *

    Attention: Wireline Competition Bureau (here provide the 
statements required by section 61.152).
* * * * **


Sec. 61.32  [Amended]

    102. In Sec. 61.32 (c) remove the words ``Tariff and Pricing 
Analysis Branch'' and add, in their place, the words ``Pricing Policy 
Division.''

    103. Section 61.33 is amended by revising paragraphs (a)(3) and (g) 
to read as follows:


Sec. 61.33  Letters of transmittal.

    (a) * * *
    (3) State whether copies have been delivered to the Commercial 
Contractor and the Chief, Pricing Policy Division.
* * * * *
    (g) The letter of transmittal must be substantially in the 
following format:
----------------------------------------------------------------------
(Exact name of carrier in full)
----------------------------------------------------------------------
(Post Office Address)
----------------------------------------------------------------------
(Date)
----------------------------------------------------------------------
Transmittal No.
    Secretary, Federal Communications Commission; Washington, DC 
20554
    Attention: Wireline Competition Bureau
    The accompanying tariff (or other publication) issued by ______, 
and bearing FCC No. ______, effective ______, 20 __, is sent to you 
for filing in compliance with the requirements of the Communications 
Act of 1934, as amended. (Here give the additional information 
required.)

----------------------------------------------------------------------
(Name of issuing officer or agent)
----------------------------------------------------------------------
(Title)
* * * * *


Sec. 61.38  [Amended]

    104. In Sec. 61.38 (c)(1) remove the words ``Tariff and Pricing 
Analysis Branch'' and add, in their place, the words ``Pricing Policy 
Division.''


Sec. 61.58  [Amended]

    105. In Sec. 61.58 (a)(2)(iii) remove the words ``Common Carrier 
Bureau'' and add, in their place, the words ``Wireline Competition 
Bureau.''

    106. Section 61.153 is amended by revising paragraph (c) to read as 
follows:


Sec. 61.153  Method of filing applications.

* * * * *
    (c) In addition to the requirements set forth in paragraphs (a) and 
(b) of this section, the issuing carrier must send a copy of the 
application letter with all attachments to the Secretary, Federal 
Communications Commission and a separate copy with all attachments to 
the Chief, Pricing Policy Division. If a

[[Page 13229]]

carrier applies for special permission to revise joint tariffs, the 
application must state that it is filed on behalf of all carriers 
participating in the affected service. Applications must be numbered 
consecutively in a series separate from FCC tariff numbers, bear the 
signature of the officer or agent of the carrier, and be in the 
following format:

----------------------------------------------------------------------
Application No.
----------------------------------------------------------------------
(Date)
----------------------------------------------------------------------
Secretary
    Federal Communications Commission, Washington, DC 20554.
    Attention: Wireline Competition Bureau (here provide the 
statements required by Sec. 61.152).
(Exact name of carrier)------------------------------------------------
(Name of officer or agent)---------------------------------------------
(Title of officer or agent)--------------------------------------------

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    107. The authority citation for part 64 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 47 U.S.C. 225, 47 U.S.C. 251(e)(1), 
151, 154, 201, 202, 205, 218-220, 254, 302, 303, and 337 unless 
otherwise noted. Interpret or apply sections 201, 218, 225, 226, 
227, 229, 332, 48 Stat. 1070, as amended, 47 U.S.C. 201-204, 208, 
225, 226, 227, 229, 332, 501 and 503, unless otherwise noted.


Sec. 64.604  [Amended]

    108. In Sec. 64.604 (c)(5)(iii)(B) and (c)(5)(iii)(I) remove the 
words ``Common Carrier Bureau'' and add, in their place, the words 
``Wireline Competition Bureau.''


Sec. 64.605  [Amended]

    109. In Sec. 64.605 (a) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''


Sec. 64.903  [Amended]

    110. In Sec. 64.903(b) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

    111. Section 64.904 amends paragraphs (b) and (c) which was 
published at 67 FR 5702, February 6, 2002 to read as follows:


Sec. 64.904  Independent audits.

* * * * *
    (b) The attest engagement shall be an examination engagement and 
shall provide a written communication that expresses an opinion that 
the systems, processes, and procedures applied by the carrier to 
generate the results reported pursuant to Sec. 43.21(e)(2) of this 
chapter comply with the Commission's Joint Cost Orders issued in 
conjunction with CC Docket No. 86-111, the Commission's Accounting 
Safeguards proceeding in CC Docket No. 96-150, and the Commission's 
rules and regulations including Secs. 32.23 and 32.27 of this chapter, 
and Sec. 64.901, and Sec. 64.903 in force as of the date of the 
auditor's report. At least 30 days prior to beginning the attestation 
engagement, the independent auditors shall provide the Commission with 
the audit program. The attest engagement shall be conducted in 
accordance with the attestation standards established by the American 
Institute of Certified Public Accountants, except as otherwise directed 
by the Chief, Enforcement Bureau.
    (c) The biennial financial audit shall provide a positive opinion 
on whether the applicable date shown in the carrier's annual report 
required by Sec. 43.21(e)(2) of this chapter present fairly, in all 
material respects, the information of the Commission's Joint Cost 
Orders issued in conjunction with CC Docket No. 86-111, the 
Commission's Accounting Safeguards proceeding in CC Docket No. 96-150, 
and the Commission's rules and regulations including Secs. 32.23 and 
32.27 of this chapter, and Sec. 64.901, and Sec. 64.903 in force as of 
the date of the auditor's report. The audit shall be conducted in 
accordance with generally accepted auditing standards, except as 
otherwise directed by the Chief, Enforcement Bureau. The report of the 
independent auditor shall be filed at the time that the carrier files 
the annual reports required by Sec. 43.21(e)(2) of this chapter.

    112. In Appendix A to part 64 is amended by revising paragraph 6. 
b. (2)(m) to read as follows:

Appendix A To Part 64--Telecommunications Service Priority (TSP) System 
for National Security Emergency Preparedness (NSEP)

* * * * *
    6. * * *
    b. * * *
    (2) * * *
    (m) All reports submitted to the FCC should be directed to 
Chief, Wireline Competition Bureau, Washington, DC 20554.
* * * * *

PART 65--INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND 
METHODOLOGIES

    113. The authority citation for part 65 continues to read as 
follows:

    Authority: Secs. 4, 201, 202, 203, 205, 218, 403, 48 Stat., 
1066, 1072, 1077, 1094, as amended, 47 U.S.C. 151, 154, 201, 202, 
203, 204, 205, 218, 219, 220, 404.

    114. Section 65.101 is amended by revising paragraph (c) to read as 
follows:


Sec. 65.101  Initiation of unitary rate of return prescription 
proceedings.

* * * * *
    (c) The Chief, Wireline Competition Bureau, may issue the notice 
described in Sec. 65.101(a).


Sec. 65.103  [Amended]

    115. In Sec. 65.103 (a) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''


Sec. 65.105  [Amended]

    116. In Sec. 65.105 (a) and (d) remove the words ``Common Carrier 
Bureau'' and add, in their place, the words ``Wireline Competition 
Bureau'' each place it appears.


Sec. 65.820  [Amended]

    117. In Sec. 65.820 (d) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

    118. The authority citation for part 68 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303.


Sec. 68.211  [Amended]

    119. In Sec. 68.211 (b) remove the words ``Common Carrier Bureau'' 
and add, in their place, the words ``Wireline Competition Bureau.''


Sec. 68.317  [Amended]

    120. In Sec. 68.317 (g) remove the words ``Consumer Information 
Bureau'' and add, in their place, the words ``Consumer and Governmental 
Affairs Bureau.''


Sec. 68.420  [Amended]

    121. In Sec. 68.420 (b) remove the words ``Consumer Information 
Bureau'' and add, in their place, the words ``Consumer and Governmental 
Affairs Bureau'' each place it appears and remove the words ``Common 
Carrier Bureau'' and add, in their place, the words ``Enforcement 
Bureau.''

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    122. The authority citation for part 90 continues to read as 
follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of

[[Page 13230]]

1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).


    123. 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 and Governmental Affairs Bureau.
* * * * *
[FR Doc. 02-6352 Filed 3-20-02; 8:45 am]
BILLING CODE 6712-01-P