[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Rules and Regulations]
[Pages 52517-52519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22421]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 03-180]


Modification of the Commission's Rules; Local and State 
Government Advisory Committee

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document adopts revisions to the rules governing the 
Commission's Local and State Government Advisory Committee, which is 
composed of 15 elected and appointed officials of municipal, county, 
state, and tribal governments, and advises the Commission on a range of 
telecommunications issues for which these governments explicitly or 
inherently share responsibility or administration with the Commission. 
The revisions rename the Committee the Intergovernmental Advisory 
Committee to reflect the reallocation of two additional membership 
slots to tribal governments; limit its term of operations to two years, 
with an option for reauthorization at the end of the two-year period; 
and provide for greater diversity in the Committee's membership, 
including increased representation of rural interests and expertise in 
homeland security matters.

[[Page 52518]]

These modifications, and others adopted in the document, are intended 
to strengthen and improve the Committee's overall structure and 
operations and to maintain its intergovernmental nature and exemption 
from the requirements of the Federal Advisory Committee Act.

DATES: Effective September 4, 2003.

FOR FURTHER INFORMATION CONTACT: Jane Phillips, Intergovernmental 
Affairs, Consumer & Governmental Affairs Bureau, FCC, 202-418-1761.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 03-180, adopted July 17, 2003, and released August 11, 2003. The 
complete text of the Order is available on the Commission's Internet 
site, at http://www.fcc.gov, and is also available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Courtyard Level, 445 12th Street, SW., Washington, DC. The text 
may also be purchased from the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street, SW., CY-B4202, Washington, 
DC 20554 (telephone 202-863-2893). To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0531 (voice), (202) 
418-7365 (TTY). This Order can also be downloaded in text and ASCII 
formats at http://www.fcc.gov/statelocal/.

Synopsis of the Order

    1. The Order adopts revisions to the rules governing the 
Commission's Local and State Government Advisory Committee (Committee 
or LSGAC), which is composed of 15 elected and appointed officials of 
municipal, county, state, and tribal governments. The Committee advises 
the Commission on a range of telecommunications issues affecting local, 
state, and tribal interests. The rule changes adopted in the Order are 
intended to facilitate the Committee's ability to continue to provide 
meaningful advice to the Commission by strengthening and improving its 
overall structure and operations.
    2. Over the past six years, the LSGAC has provided ongoing advice 
and information to the Commission on a broad range of 
telecommunications issues, for which the Commission explicitly or 
inherently shares responsibility or administration with local, county, 
state, or tribal governments. These include cable and local 
franchising, public rights-of-way, facilities siting, universal 
service, barriers to competitive entry, and public safety 
communications. Since its inception in 1997, the Committee has filed 31 
``Recommendations'' with the Commission.
    3. Because the LSGAC is composed exclusively of state, local and 
tribal officials, it is not subject to the procedures set forth in the 
Federal Advisory Committee Act (FACA), and presently has no charter or 
expiration date. In keeping with the Commission's other advisory 
committees, which have typically been chartered for a period of two 
years, Sec.  0.701 has been modified to provide for the sunset of the 
newly-formed Committee two years following its first scheduled meeting. 
The two-year limit on the Committee's term of operations also limits 
the duration of individual members' service on the Committee. The 
Chairman of the Commission may extend the Committee's term of service 
for an additional two years, consistent with the overall mission, goals 
and objectives of the Committee.
    4. To preserve and enhance the effectiveness of the Committee's 
operations on a going-forward basis, the number of meetings held per 
year has been limited to minimize the burdens on Committee members and 
enable member-officials to attend meetings themselves, rather than 
sending a representative in their stead.
    5. Several other revisions adopted in the Order are intended to 
maintain and strengthen the Committee's intergovernmental nature so as 
to ensure its continued qualification as an advisory committee exempt 
from the FACA. The Order clarifies that Committee members must be 
officials within the meaning of 2 U.S.C. 1534(b), the intergovernmental 
exemption from the FACA accorded intergovernmental communications 
between Federal officials and officials of state, local and tribal 
governments ``acting in their official capacities.'' See 2 U.S.C. 
1534(b). The intergovernmental exemption targets communications with 
officials involved in the governmental process at the state, local and 
tribal levels, and the clarification will help to ensure that the 
Committee can continue to operate with the informality and flexibility 
that have proven so effective in the past and that inhere in its FACA-
exempt status.
    6. At the beginning of 2003, the Committee was composed of one 
state official, six municipal officials, two county officials, one 
local government attorney, one public utility commissioner, and one 
tribal official, was weighted heavily on the local side, and lacked 
sufficient rural representation. To address questions of balance and 
diversity of representation, the Order modifies the composition of the 
Committee to seven local, five state, and three tribal officials.
    7. The Order increases tribal representation on the Committee from 
one to three seats to enhance the Commission's opportunities to hear 
directly from tribal government leaders. The Commission believes that 
an increase in the tribal voice is warranted if tribes are to commit 
their very scarce human and financial resources to Committee 
activities. The Committee has been renamed the ``Intergovernmental 
Advisory Committee'' to reflect its more diverse representation.
    8. The Order also establishes guidelines for the application 
process that will ensure continued diversity in Committee membership. 
This is important if the Commission is to have access to that wide 
range of viewpoints and expertise which is critical to informed 
decisionmaking.
    9. At the beginning of this year, two thirds of the LSGAC's members 
represented areas west of the Mississippi River. In general, the 
members represented large, urban metropolitan areas and counties or 
states containing densely populated urban centers. The Commission 
intends to use the Public Notice that commences the application process 
to solicit members from underrepresented geographic areas and from 
rural areas, in particular, and will seek input and guidance from 
organizations representing state, local and tribal interests, such as 
the National Association of Regulatory Utility Commissioners, the 
National Congress of American Indians, the National Governors 
Association, the National League of Cities, the U.S. Conference of 
Mayors, and others.
    10. The Commission will also seek Committee members with specific 
expertise in homeland security matters, because the Commission must 
work closely with the communications and public safety communities to 
ensure the reliability and security of the nation's communications 
infrastructure.
    11. As with all other advisory committees and joint boards, the 
Chairman of the Commission, or Commissioner designated by the Chairman, 
will oversee the new Committee's activities and serve as liaison 
between the Committee and the Commission. The Committee will continue 
to receive logistical assistance and staff support directly from the 
Chief, Consumer & Governmental Affairs Bureau.

[[Page 52519]]

Ordering Clause

    12. The rule modifications adopted constitute rules of agency 
organization, procedure and practice. Therefore, modification of Sec.  
0.701 is not subject to the notice and comment and effective date 
provisions of the Administrative Procedure Act. See 5 U.S.C. 
553(b)(3)(A), (d). Accordingly, it is ordered that, pursuant to 
sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 154(j), and 303(r), subpart G, Sec.  0.701 
of the Rules and Regulations of the Federal Communications Commission, 
47 CFR 0.701, modified as set forth, is adopted. The rule, as modified, 
is effective September 4, 2003.
    13. Part 0 of the Commission's rules is amended as indicated in the 
Rule Changes section of this summary, effective September 4, 2003.

List of Subjects in 47 CFR Part 0

    Organization and functions (Government agencies).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

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

0
2. Revise Sec.  0.701 to read as follows:


Sec.  0.701  Intergovernmental Advisory Committee.

    (a) Purpose and term of operations. The Intergovernmental Advisory 
Committee (IAC) is established to facilitate intergovernmental 
communication between municipal, county, state and tribal governments 
and the Federal Communications Commission. The IAC will commence 
operations with its first meeting convened under this section and is 
authorized to undertake its mission for a period of two years from that 
date. At his discretion, the Chairman of the Federal Communications 
Commission may extend the IAC's term of operations for an additional 
two years, for which new members will be appointed as set forth in 
paragraph (b) of this section. Pursuant to Section 204(b) of the 
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), the IAC is not 
subject to, and is not required to follow, the procedures set forth in 
the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988).
    (b) Membership. The IAC will be composed of the following 15 
members (or their designated employees): Four elected municipal 
officials (city mayors and city council members); two elected county 
officials (county commissioners or council members); one elected or 
appointed local government attorney; one elected state executive 
(governor or lieutenant governor); three elected state legislators; one 
elected or appointed public utilities or public service commissioner; 
and three elected or appointed Native American tribal representatives. 
The Chairman of the Commission will appoint members through an 
application process initiated by a Public Notice, and will select a 
Chairman and a Vice Chairman to lead the IAC. The Chairman of the 
Commission will also appoint members to fill any vacancies and may 
replace an IAC member, at his discretion, using the appointment 
process. Members of the IAC are responsible for travel and other 
incidental expenses incurred while on IAC business and will not be 
reimbursed by the Commission for such expenses.
    (c) Location and frequency of meetings. The IAC will meet in 
Washington, DC four times a year. Members must attend a minimum of 
fifty percent of the IAC's yearly meetings and may be removed by the 
Chairman of the IAC for failure to comply with this requirement.
    (d) Participation in IAC meetings. Participation at IAC meetings 
will be limited to IAC members or employees designated by IAC members 
to act on their behalf. Members unable to attend an IAC meeting should 
notify the IAC Chairman a reasonable time in advance of the meeting and 
provide the name of the employee designated on their behalf. With the 
exception of Commission staff and individuals or groups having business 
before the IAC, no other persons may attend or participate in an IAC 
meeting.
    (e) Commission support and oversight. The Chairman of the 
Commission, or Commissioner designated by the Chairman for such 
purpose, will serve as a liaison between the IAC and the Commission and 
provide general oversight for its activities. The IAC will also 
communicate directly with the Chief, Consumer & Governmental Affairs 
Bureau, concerning logistical assistance and staff support, and such 
other matters as are warranted.

[FR Doc. 03-22421 Filed 9-3-03; 8:45 am]
BILLING CODE 6712-01-P