[Federal Register Volume 73, Number 35 (Thursday, February 21, 2008)]
[Rules and Regulations]
[Pages 9462-9463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3135]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[FCC 08-27]


Amendment of Part 0 of the Commission's Rules to Delegate 
Administration of Part 4 of the Commission's Rule to the Public Safety 
and Homeland Security Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In the Order, the Federal Communications Commission 
(Commission) amended the Commission's rules to delegate authority to 
the Public Safety and Homeland Security Bureau to administer the 
Commission's rules that pertain to disruptions to communications. This 
delegation is consistent with the purpose and functions of the Bureau 
to promote a more efficient, effective and responsive organizational 
structure and to better promote and address public safety, homeland 
security, national security, emergency management and preparedness, 
disaster management, and related issues. Establishment of the Public 
Safety and Homeland Security Bureau, Order, 21 FCC Rcd 13655 (2006).

DATES: Effective February 21, 2008.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Robert Krinsky, Attorney Advisor, 
Communications Systems Analysis Division, Public Safety and Homeland 
Security Bureau, Federal Communications Commission at (202) 418-2909; 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's non-
docketed Order, FCC 08-27, adopted January 28, 2008 and released on 
January 30, 2008. The complete text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. This document may also be purchased from 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
in person at 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or 
via e-mail at [email protected]. Alternative formats (computer diskette, 
large print, audio cassette, and Braille) are available to persons with 
disabilities by sending an e-mail to [email protected] or calling the 
Consumer and Governmental Affairs Bureau at (202) 418-0530, TTY (202) 
418-0432. This document is also available on the Commission's Web site 
at http://www.fcc.gov.

Synopsis of the Order

    1. In the Order, the Commission amends its rules to delegate 
authority to the Public Safety and Homeland Security Bureau (Bureau) to 
administer part 4 of the Commission's rules, which pertain to 
disruptions to communications.
    2. On March 17, 2006, the Commission established the Bureau in 
order to promote a more efficient, effective and responsive 
organizational structure and to better promote and address public 
safety, homeland security, national security, emergency management and 
preparedness, disaster management, and related issues. Establishment of 
the Public Safety and Homeland Security Bureau, Order, 21 FCC Rcd 13655 
(2006). The delegation of authority to the Bureau to administer the 
part 4 rules is consistent with the purpose and functions of the 
Bureau.
    3. The delegation of this authority to the Bureau comports with 
Sec.  0.191(g) of the Commission's rules, which provides, in pertinent 
part, that the Bureau ``[c]onducts studies of public safety, homeland 
security, national security, emergency management and preparedness, 
disaster management, and related issues. Develops and administers 
recordkeeping and reporting requirements for communications companies 
pertaining to these issues. Administers any Commission information 
collection requirements pertaining to public safety, homeland security, 
national security, emergency management and preparedness, disaster 
management, and related issues.'' 47 CFR 0.191(g). The delegation of 
this authority to the Bureau is also consistent with Sec.  0.392 of the 
Commission's rules, 47 CFR 0.392, which gives the Bureau delegated

[[Page 9463]]

authority to perform all functions of the Bureau described in Sec.  
0.191 of the Commission's rules. Further, the action we take in this 
Order is consistent with Sec.  4.11 of the Commission's rules, which 
states that when outage reports cannot be submitted electronically 
using the Commission-approved Web-based system, written reports should 
be filed and all hand-delivered outage reports should be addressed to 
the Federal Communications Commission, The Office of Secretary, 
Attention: Chief, Public Safety & Homeland Security Bureau. 47 CFR 
4.11.
    4. Authority for the adoption of the foregoing revisions is 
contained in sections 1, 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. 151, 154(i), 
154(j), 155(b), 155(c), 201(b) and 303(r).
    5. The adopted amendments 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) are 
inapplicable.
    6. Accordingly, the Commission ordered that part 0 of the 
Commission Rules, set forth in Title 47 of the Code of Federal 
Regulations, be amended to delegate authority to the Public Safety and 
Homeland Security Bureau to administer part 4 of the Commission's 
rules, which pertain to disruptions to communications.

List of Subjects in 47 CFR Part 0

    Organizations and functions (Government agencies).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission amends part 0 of Title 47 of the Code of Federal Regulations 
as follows:

PART 0--COMMISSION ORGANIZATION

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


Sec.  0.31  Functions of the Office.

* * * * *
    (i) To administer parts 2, 5, 15, and 18 of this chapter, including 
licensing, recordkeeping, and rule making.
* * * * *

0
3. Section 0.191 is amended by revising paragraph (g) to read as 
follows:


Sec.  0.191  Functions of the Bureau.

* * * * *
    (g) Conducts studies of public safety, homeland security, national 
security, emergency management and preparedness, disaster management, 
and related issues. Develops and administers recordkeeping and 
reporting requirements for communications companies pertaining to these 
issues. Administers any Commission information collection requirements 
pertaining to public safety, homeland security, national security, 
emergency management and preparedness, disaster management, and related 
issues, including the communications disruption reporting requirements 
set forth in part 4 of this chapter and revision of the filing system 
and template used for the submission of those communications disruption 
reports.
* * * * *

0
4. Section 0.241 is amended by revising paragraph (a)(1), removing 
paragraph (d), and redesignating paragraphs (e) through (i) as (d) 
through (h) to read as follows:


Sec.  0.241  Authority delegated.

* * * * *
    (a) * * *
    (1) Notices of proposed rulemaking and of inquiry and final orders 
in rulemaking proceedings, inquiry proceedings and non-editorial orders 
making changes.
* * * * *

0
5. Section 0.392 is amended by adding new paragraph (i) to read as 
follows:


Sec.  0.392  Authority delegated.

* * * * *
    (i) The Chief of the Public Safety and Homeland Security Bureau is 
delegated authority to administer the communications disruption 
reporting requirements contained in part 4 of this chapter and to 
revise the filing system and template used for the submission of such 
communications disruption reports.

 [FR Doc. E8-3135 Filed 2-20-08; 8:45 am]
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