[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70904-70912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28144]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 73, and 74

[DA 11-1658]


Commission Organization; Practice and Procedure; Radio Broadcast 
Services; and Experimental Radio, Auxiliary, Special Broadcast and 
Other Program Distributional Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC or Commission) is 
making a number of nonsubstantive, editorial revisions to the 
Commission's rules. These revisions remove certain rule provisions that 
are without current legal effect and therefore are obsolete, amend 
rules that contain references to obsolete rules or statutory 
provisions, and correct rules that contain outdated terminology or 
typographical errors. These nonsubstantive revisions are part of the 
Commission's ongoing examination and improvement of FCC processes and 
procedures. The revisions clarify, simplify, and harmonize our rules, 
making the rules more readily accessible to the public and avoiding 
potential confusion for interested parties and Commission staff alike.

DATES: Effective November 16, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Royce Sherlock, (202) 418-7030.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
amending parts 0, 1, 73, and 74 of the Commission's rules, DA 11-1658, 
released on September 30, 2011. The full text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 
20554, or online at http://www.fcc.gov using the EDOCS link. In 
addition, the full text of this document may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCPI), at Portals II, 445 12th Street SW., Room CY-B402, Washington, 
DC 20554. Customers may contact BCPI via email sent through its Web 
site, http://www.bcpiweb.com, by calling (800) 378-3160 or (202) 863-
2893, or by facsimile at (202) 863-2898. The revisions to the 
Commission's rules and the specific reasons the Commission is adopting 
each one are set forth below.
    Part 0, Subpart B, Delegations of Authority. The Order amends the 
following Commission rules in part 0, subpart B, Delegations of 
Authority, to delete or update references that are obsolete:
    Section 0.201(c), which, among other things, pertains to appeals 
from presiding officers' rulings, is amended to change the reference to 
Sec.  1.301 of the Commission's rules in the second sentence to 
Sec. Sec.  1.301 and 1.302 of the Commission's rules. The referenced 
procedures for appeals from rulings of the presiding officer are now 
governed by both sections. The rule is further amended to delete the 
third sentence because it refers to Sec.  1.303, which the Commission 
has eliminated. See Amendment of Parts 0 and 1 of the Commission's 
Regulations, 26 F.C.C.2d 331 (1970).
    Section 0.211(e) of the Commission's rules, which pertains to the 
Chairman's delegated authority, is amended to change ``Federal 
Procurement Regulations'' to ``the Federal Acquisition Regulation'' 
because the Federal Procurement Regulations were repealed and replaced 
with the Federal Acquisition Regulation. Establishing the Federal 
Acquisition Regulation, 48 FR 42102, September 19, 1983.
    Section 0.231(e) of the Commission's rules, which pertains to the 
Managing Director's delegated authority, is amended to delete the 
second and third sentences, which are without current legal effect and 
therefore are obsolete. These provisions state that the Managing 
Director will refer all appeals filed against final decisions regarding 
procurement contracts to the Armed Services Board of Contract Appeals 
for resolution and that such appeals will be handled in accordance with 
the Rules of the Board of Contract Appeals. These procedures have been 
superseded by the Contract Disputes Act (CDA), 41 U.S.C. 7101, et seq. 
There is no current requirement for the agency to refer appeals from 
the final decision of its contracting officer, nor is the Armed 
Services Board of Contract Appeals the correct forum for such appeals. 
Rather, under the CDA, the contractor may directly appeal such 
decisions to the Civilian Board of Contract Appeals or the United 
States Court of Federal Claims. See 41 U.S.C. 7104, 7105(e)(1)(B), 
7101(8)(C).
    Section 0.261 of the Commission's rules, which pertains to the 
International Bureau's delegated authority, is amended to delete 
references to part 100 of the Commission's rules, which has been 
eliminated. Policies and Rules for the Direct Broadcast Satellite 
Service, 17 FCC Rcd 11331 (2002).
    Section 0.291(e) of the Commission's rules, which pertains to the 
Wireline Competition Bureau's delegated authority, is amended to change 
``reporting requirements for international carriers set forth in Sec.  
43.61(d) of this chapter'' to ``reporting requirements for 
international carriers referenced in Sec.  43.61(a)(3) of this 
chapter'' because section (d) was renumbered as section (a)(3). 
International Settlement Rates, 12 FCC Rcd 19806 (1997).
    Part 1, Subpart A, General Rules of Practice and Procedure; Part 
73, Subpart H, Rules Applicable to All Broadcast Stations; Part 74, 
Subpart, General; Rules Applicable to All Services in Part 74. The 
Order amends the following Commission rules in part 1, subpart A to 
delete an obsolete rule and obsolete references, and makes conforming 
revisions to rules in parts 73 and 74, as follows:
    Section 1.115(b)(2) of the Commission's rules, which pertains to 
applications for review of actions taken

[[Page 70905]]

pursuant to delegated authority, is amended to delete ``Except as 
provided in paragraph (b)(5) of this section'' because paragraph (b)(5) 
has been deleted. Amendment of Parts 0, 1, 19, and 22 of the 
Commission's Rules to Reflect the Elimination of the Review Board, 1996 
WL 207396 (FCC 1996).
    Section 1.120 of the Commission's rules, which describes the 
Commission's former ``protest'' process, is deleted because, by its 
express terms, it does not apply to applications filed on or after 
December 12, 1960. As a result, this section is without current legal 
effect and is obsolete. In addition, the Order deletes references to 
Sec.  1.120 from other rules. Specifically, in Sec.  1.4(h) of the 
Commission's rules, the reference to Sec.  1.120(d) is deleted. In the 
following rules, the references to Sec.  1.120 are replaced with 
references to Sec.  1.117: Sec. Sec.  1.101, 1.207(c), 1.1317(a), 
73.1010(a)(1), and 74.5(a)(1). The reference to Sec.  1.120 in Sec.  
74.5(a)(2), which is listed as the first rule in part 1, subpart B of 
the Commission's rules, is changed to Sec.  1.201, which is the next 
rule after Sec.  1.120 and is also the first rule in part 1, subpart B.
    Part 1, Subpart B, Hearing Proceedings. The Order amends the 
following Commission rules in Part 1, Subpart B, Hearing Proceedings, 
to delete obsolete rules and references and make other corrections:
    Section 1.207(c) of the Commission's rules is amended, as explained 
above, to reflect the elimination of Sec.  1.120.
    Sections 1.227(b)(6) and 1.229(b)(2) of the Commission's rules are 
without current legal effect and are deleted as obsolete. These 
sections pertain to comparative hearings for broadcast license renewal 
applications. The enactment of section 309(k) of the Communications Act 
of 1934 eliminated comparative broadcast hearings for license renewal 
applicants. See 47 U.S.C. 309(k)(4).
    Section 1.229(b)(3) of the Commission's rules, which establishes 
procedures for the filing of motions to modify the issues designated 
for hearing, is re-designated as Sec.  1.229(b)(2) because, as 
discussed above, current Sec.  1.229(b)(2) is being deleted as 
obsolete. For the same reason, this section is amended to delete the 
reference to Sec.  1.229(b)(2).
    Section 1.244(d) of the Commission's rules, which pertains to the 
designation of a settlement judge in broadcast comparative cases 
involving applicants for only new facilities, is amended to delete the 
words, ``their Standardized Integration Statement and/or'' because the 
DC Circuit invalidated the Commission's integration requirement. 
Bechtel v. FCC, 10 F.3d 875, 878 (DC Cir. 1993). The deleted reference 
is therefore obsolete. The remainder of the section is retained because 
the Commission retains statutory authority to award noncommercial 
educational broadcast licenses by comparative hearings.
    Section 1.282(b)(3) of the Commission's rules is amended to correct 
a typographical error. The word ``oder'' is changed to ``order.''
    Section 1.325(c) of the Commission's rules is without current legal 
effect and is deleted as obsolete because it pertains to comparative 
hearings involving applicants for new commercial broadcast facilities 
and calls for the production of a Standardized Integration Statement 
and other information pertaining to the Commission's former integration 
standard and other broadcast comparative hearing criteria. Under 
section 309(j) of the Communications Act, the Commission no longer has 
authority to conduct comparative hearings for new commercial broadcast 
facilities and instead awards licenses for new broadcast service using 
competitive bidding. 47 U.S.C. 309(j)(1). In addition, as explained 
above, the DC Circuit invalidated the Commission's integration 
requirement.
    Part 1, Subpart E, Complaints, Applications, Tariffs, and Reports 
Involving Common Carriers. The Order amends the following Commission 
rules in Part 1, Subpart E, Complaints, Applications, Tariffs, and 
Reports Involving Common Carriers, to delete rules that are obsolete:
    Section 1.788 of the Commission's rules, which requires common 
carriers to file reports regarding pensions and benefits, requires 
compliance with a regulation in Part 43 of the rules that the 
Commission has eliminated. Elimination or Revision of Certain Reporting 
Requirements Under Part 43 of the Commission's Rules, Reports of 
Communication Common Carriers and Certain Affiliates, 9 FCC Rcd 1838 
(1994). Section 1.788 of the Commission's rules is therefore without 
current legal effect and is deleted as obsolete.
    Section 1.805 of the Commission's rules requires common carriers 
engaged in public radio service operations to file reports in 
conformance with Part 23, which the Commission has eliminated. 
Elimination of Part 23 of the Commissions Rules, 25 FCC Rcd 541 (2010). 
Section 1.805 of the Commission's rules is therefore without current 
legal effect and is deleted as obsolete.
    Section 1.811 of the Commission's rules states that carriers 
engaged in domestic public radio services are required to report and 
file documents in accordance with Part 21, which has been eliminated. 
Amendment of Parts 1, 21, 73, 74, and 101 of the Commission's Rules, et 
al., 19 FCC Rcd 14165, supplemented, 19 FCC Rcd 22284 (2004). Section 
1.811 of the Commission's rules is therefore without current legal 
effect and is deleted as obsolete.
    Sections 1.821, 1.822, and 1.824 of the Commission's rules set 
forth random selection procedures for Multichannel Multipoint 
Distribution Service (MMDS). The Commission no longer has authority to 
use random selection for MMDS or its successor service, Broadband Radio 
Service. 47 U.S.C. 309(j)(1)-(2); see Amendment of Parts 1, 21, 73, 74 
and 101 of the Commissions Rules to Facilitate the Provision of Fixed & 
Mobile Broadband Access, Educ. and Other Advanced Services in the 2150-
2162 & 2500-2690 MHz Bands, 23 FCC Rcd 5992, 6062 (2008) and sources 
cited at id. n.3; 47 CFR 27.1217. These sections are therefore without 
current legal effect and are deleted as obsolete.
    Part 1, Subpart F, Wireless Radio Services Applications and 
Proceedings. The Order amends the following Commission rules in Part 1, 
Subpart F, Wireless Radio Services Applications and Proceedings, to 
update references that are obsolete and make other corrections:
    Section 1.929(b)(1) of the Commission's rules is amended to correct 
a typographical error. The acronym for ``cellular geographic service 
area'' is changed from ``COSA'' to ``CGSA.''
    Section 1.931(b)(1) of the Commission's rules, which pertains to 
applications for special temporary authority for wireless radio 
services, is amended to change ``Sec. Sec.  1.962(b)(5) and (f)'' to 
``Sec. Sec.  1.933(d)(6) and 1.939'' because Sec.  1.962 was eliminated 
and its provisions were moved into Sec. Sec.  1.933 and 1.939. Biennial 
Regulatory Review, 13 FCC Rcd 21027 (1998).
    Part 1, Subpart N, Enforcement of Nondiscrimination on the Basis of 
Disability in Programs or Activities Conducted by the Federal 
Communications Commission. The Order amends the following Commission 
rules in Part 1, Subpart N, Enforcement of Nondiscrimination on the 
Basis of Disability in Programs or Activities Conducted by the Federal 
Communications Commission, to delete or update references that are 
obsolete and to make other corrections:

[[Page 70906]]

    Section 1.1803 of the Commission's rules, which defines terms 
related to the enforcement of non-discrimination on the basis of 
disability in programs or activities conducted by the Commission, is 
amended to revise the definition of ``Section 504'' to read as follows: 
``Section 504 means section 504 of the Rehabilitation Act of 1973, 
Public Law 93-112, 87 Stat. 394, 29 U.S.C. 794, as amended.'' The 
current definition contains an incomplete list of the amendments to the 
1973 law. The revised definition encompasses all amendments.
    Section 1.1840 of the Commission's rules is amended to correct a 
typographical error. The phrase ``Basic Negotiations Agreement'' is 
revised to read ``Basic Negotiated Agreement.''
    Section 1.1851 of the Commission's rules, which pertains to 
building accessibility, is amended to change ``41 CFR 101-19.600 to 
101-19.607'' to ``41 CFR 102-76.60 to 102-76.95.'' Section 1.1851 of 
the Commission's rules states that the definitions, requirements, and 
standards of the Architectural Barriers Act, 42 U.S.C. 4151-4157, ``as 
established in 41 CFR 101-19.600 to 101.19.607, apply to all buildings 
covered by this section.'' The cited regulations have been transferred 
to 41 CFR 102-76.60 to 102-76.95, and the citation in Sec.  1.1851 of 
the Commission's rules is therefore outdated. Real Property Policies, 
General Servs. Admin., FPMR Amendments D-99 and C-1, 67 FR 76882, 
December 13, 2002. The amendment to Sec.  1.1851 of the Commission's 
rules deletes the outdated citation and replaces it with the correct 
citation.
    Section 1.1870(f) of the Commission's rules, which pertains to 
building accessibility complaints, is amended to change ``Architectural 
and Transportation Barriers Compliance Board'' to ``United States 
Access Board'' to incorporate current nomenclature as reflected in the 
Rehabilitation Act Amendments of 1992, Public Law 102-569, section 504, 
29 U.S.C. 792.
    Part 1, Subpart O, Collection of Claims Owed the United States. The 
Order amends the following Commission rules in Part 1, Subpart O, 
Collection of Claims Owed the United States, to update references that 
are obsolete and make other corrections:
    Section 1.1901(e) of the Commission's rules is amended to correct a 
typographical error in the last sentence. The phrase ``has order'' is 
revised to read ``has ordered.''
    Section 1.1902(a) of the Commission's rules, which pertains to the 
audit of transportation accounts, is amended to change ``41 CFR Part 
101-41'' to ``41 CFR Part 102-118.'' Part 101-41 of Title 41 of the 
Code of Federal Regulations does not contain any regulations; rather, 
it cross-references to the Federal Management Regulation, 41 CFR Ch. 
102, parts102-1 to 102-20, and with respect to ``transportation payment 
and audit policy,'' it cross-references to 41 CFR part 102-118. See 
Transportation Payment and Audit, General Servs. Admin., 65 FR 24568, 
April 26, 2000.
    Section 1.1902(b), which pertains to claims arising out of 
acquisition contracts subject to the Federal Acquisition Regulation, is 
amended to replace obsolete citations to 41 U.S.C. 605, 605(a) with 
citations to 41 U.S.C. 7103. This revision is necessary to reflect the 
re-codification of Title 41, Public Law 111-350 section 3, 124 Stat. 
3677, 3816-3820 (2011).
    Section 1.1910(b)(2) of the Commission's rules, which pertains to 
the handling of applications submitted by certain debtors, is amended 
to correct an erroneous reference in the first sentence by changing 
``Sec.  1.1901(j)'' to ``Sec.  1.1901(i).'' The first sentence of Sec.  
1.1910(b)(2) of the Commission's rules refers to delinquent debts, and 
the corrected reference defines the term ``delinquent.'' This section 
is further amended to correct two typographical errors. The word 
``provisisons'' is revised to read ``provisions,'' and ``recission'' is 
revised to read ``rescission.''
    Section 1.1910(c)(2) of the Commission's rules is amended to 
correct various typographical errors. The word ``Provisions'' is 
changed to ``The provisions''; ``paragraph'' is changed to 
``paragraphs''; ``application'' is changed to ``applications''; and 
``requst'' is changed to ``requests.''
    Part 1, Subpart P, Implementation of the Anti-Drug Abuse Act of 
1988. The Order amends the Commission's rules in Part 1, Subpart P, 
Implementation of the Anti-Drug Abuse Act of 1988, to delete Sec.  
1.2003. Section 1.2002 of the Commission's rules requires applicants 
for an instrument of Commission authorization to file a certification 
pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862. Section 
1.2003 of the Commission's rules states that ``[t]he certification 
required by Sec.  1.2002 must be filed with the following applications 
and any other requests for authorization filed with the Commission, as 
well as for spectrum leasing notifications and spectrum leasing 
applications, regardless of whether a specific form exists.'' The list 
of applications in Sec.  1.2003 of the Commission's rules is outdated, 
and it is also unnecessary, since Sec.  1.2002, by its express terms, 
applies to ``all applicants'' for an instrument of authorization from 
the Commission, and to spectrum lessees, whether or not the 
certification has been incorporated into the application form and even 
if there is no form. 47 CFR 1.2002(a), (d).
    Part 1, Subpart T, Exempt Telecommunications Companies. The rules 
in Part 1, Subpart T, Sec. Sec.  1.5000 through 1.5007, are without 
current legal effect and are deleted as obsolete. Subpart T, Exempt 
Telecommunications Companies, was adopted to implement section 34(a)(1) 
of the Public Utility Holding Company Act of 1935 (PUHCA 1935). 15 
U.S.C. 79, et seq.; Implementation of Section 34(a)(1) of the Pub. 
Util. Holding Co. Act of 1935, as Added by Section 103 of the 
Telecommunications Act of 1996, 11 FCC Rcd 11377 (1996). Congress has 
since repealed PUHCA 1935, enacting in its place the Public Utility 
Holding Company Act of 2005 (PUHCA 2005), Energy Policy Act of 2005, 
Public Law 109-58, 119 Stat. 594. PUHCA 2005 does not reinstate the 
provisions of section 34(a) of PUHCA 1935 and does not otherwise 
mention exempt telecommunications companies.
    Part 1, Subpart U, Implementation of Section 325(e) of the 
Communications Act: Procedures Governing Complaints Filed by Television 
Broadcast Stations Against Satellite Carriers for Retransmission 
Without Consent. The rules in Part 1, Subpart U, Sec. Sec.  1.6000 
through 1.6012, are without current legal effect and are deleted as 
obsolete. Subpart U of the Commission's rules pertains to complaints 
filed by television stations alleging that a satellite carrier has 
retransmitted their signals in violation of section 325(b)(1) of the 
Communications Act, 47 U.S.C. 325(b)(1). Section 1.6012 of the 
Commission's rules states that no complaints may be filed under this 
subpart after December 31, 2001 but specifies that the provisions shall 
continue to apply to any complaints filed on or before that date. 
Because no new complaints may be filed after December 31, 2001, and no 
complaints filed on or before that date are pending, the rules in 
Subpart U, Sec. Sec.  1.6000 through 1.6012, are without current legal 
effect.
    Part 1, Subpart X, Spectrum Leasing. The Order amends the 
Commission's rules in Part 1, Subpart X, by revising Sec.  1.9001(a) of 
the Commission's rules, which describes the scope of Subpart X, 
Spectrum Leasing, to delete the reference to Part 26 of the rules 
because Part 26 has been eliminated. 4.9 GHz Band Transferred from Fed. 
Gov't Use, 17 FCC Rcd 3955 (2002).

[[Page 70907]]

    Part 1, Subpart Y, International Bureau Filing System. The Order 
amends Sec.  1.10014 of the Commission's rules, which describes the 
procedures for providing public notice of the filing and grant or 
denial of applications, to delete, as obsolete, references to 
International Fixed Public Radio Service (IFPRS) in Sec.  
1.10014(c)(2), (f) and (h) because the rules for IFPRS have been 
eliminated. Elimination of Part 23 of the Commission's Rules, 25 FCC 
Rcd 541 (2010).
    Part 1, Subpart Z, Communications Assistance for Law Enforcement 
Act. The Order amends Sec.  1.20007(a)(5) of the Commission's rules to 
correct a typographical error. The phrase ``a digits dialed'' is 
replaced with ``digits dialed.''
    The rule amendments adopted in the Order and set forth in the 
attached Appendix are nonsubstantive, editorial revisions of the rules 
pursuant to 47 CFR 0.231(b). These revisions delete rule provisions 
that are without current legal effect and therefore are obsolete, 
delete references to obsolete rules and statutes, and correct outdated 
terminology and typographical errors. Accordingly, we find good cause 
to conclude that notice and comment procedures are unnecessary and 
would not serve any useful purpose. See 5 U.S.C. 553(b)(3)(B). For the 
same reason, we also find good cause to make these nonsubstantive, 
editorial revisions of the rules effective upon publication in the 
Federal Register. See 5 U.S.C. 553(d)(3).
    Regulatory Flexibility Act. Because the Order is being adopted 
without notice and comment, the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., does not apply.
    Paperwork Reduction Act. The rules contained herein have been 
analyzed with respect to the Paperwork Reduction Act of 1995 and found 
to contain no new or modified form, information collection, and/or 
recordkeeping, labeling, disclosure, or record retention requirements, 
and will not increase or decrease burden hours imposed on the public. 
See Public Law 104-13, 44 U.S.C. 3501, et seq. In addition, therefore, 
the Order does not contain any new or modified ``information collection 
burden for small business concerns with fewer than 25 employees,'' 
pursuant to the Small Business Paperwork Relief Act of 2002. See Public 
Law 107-198, 44 U.S.C. 3506(c)(4).
    Congressional Review Act. The Commission will send a copy of the 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    Accordingly, it is ordered that, effective November 16, 2011, Parts 
0, 1, 73, and 74 of the Commission's rules are amended, as set forth 
below, pursuant to the authority contained in sections 4(i), 5(c), and 
303(r) of the Communications Act, 47 U.S.C. 154(i), 155(c), and 303(r), 
and Sec.  0.231(b) of the Commission's regulations, 47 CFR 0.231(b).
    It is further ordered that the Secretary shall cause a copy of this 
Order to be published in the Federal Register.

List of Subjects

47 CFR Part 0

    Organization and functions (government agencies).

47 CFR Part 1

    Administrative practice and procedure, Claims, Communications 
common carriers, Drug abuse, Environmental impact statements, Equal 
employment opportunity, Federal buildings and facilities, Government 
employees, Individuals with disabilities, Radio, Reporting and 
recordkeeping requirements, Satellites, Telecommunications.

47 CFR Part 73 and 74

    Administrative practice and procedure, Radio, Television.

Federal Communications Commission.
David Robbins,
Managing Director, Office of Managing Director.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 parts 0, 1, 73, and 74 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.


0
2. Amend Sec.  0.201 by revising paragraph (c) to read as follows:


Sec.  0.201  General provisions.

* * * * *
    (c) Procedures pertaining to the filing and disposition of 
interlocutory pleadings in hearing proceedings are set forth in 
Sec. Sec.  1.291 through 1.298 of this chapter. Procedures pertaining 
to appeals from rulings of the presiding officer are set forth in 
Sec. Sec.  1.301 and 1.302. Procedures pertaining to reconsideration 
and review of actions taken pursuant to delegated authority are set 
forth in Sec. Sec.  1.101, 1.102, 1.104, 1.106, 1.113, 1.115, and 
1.117. Procedures pertaining to exceptions to initial decisions are set 
forth in Sec. Sec.  1.276 through 1.279.
* * * * *

0
3. Amend Sec.  0.211 by revising paragraph (e) to read as follows:


Sec.  0.211  Chairman.

* * * * *
    (e) Authority to act as ``Head of the Agency'' or ``Agency Head'' 
for administrative determinations required by the Federal Acquisition 
Regulation and Federal Management Circulars.
* * * * *

0
4. Amend Sec.  0.231 by revising paragraph (e) to read as follows:


Sec.  0.231  Authority delegated.

* * * * *
    (e) The Managing Director is delegated authority to act as Head of 
the Procurement Activity and Contracting Officer for the Commission and 
to designate appropriate subordinate officials to act as Contracting 
Officers for the Commission.
* * * * *

0
5. Amend Sec.  0.261 by revising paragraphs (a)(4) and (b)(5)(i) to 
read as follows:


Sec.  0.261  Authority delegated.

    (a) * * *
    (4) To act upon applications for international and domestic 
satellite systems and earth stations pursuant to part 25 of this 
chapter;
* * * * *
    (b) * * *
    (5) * * *
    (i) Mutually exclusive applications for radio facilities filed 
pursuant to parts 23, 25, or 73 of this chapter; and
* * * * *

0
6. Amend Sec.  0.291 by revising paragraph (e) to read as follows:


Sec.  0.291  Authority delegated.

* * * * *
    (e) Authority concerning rulemaking and investigatory proceedings. 
The Chief, Wireline Competition Bureau, shall not have authority to 
issue notices of proposed rulemaking, notices of inquiry, or reports or 
orders arising from either of the foregoing, except that the Chief, 
Wireline Competition Bureau, shall have authority, in consultation and 
coordination with the Chief, International Bureau, to issue and revise 
a manual on the details of the reporting requirements for international 
carriers referenced in Sec.  43.61(a)(3) of this chapter.
* * * * *

[[Page 70908]]

PART 1--PRACTICE AND PROCEDURE

0
7. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309.


0
8. Amend Sec.  1.4 by revising paragraph (h) to read as follows:


Sec.  1.4  Computation of time.

* * * * *
    (h) If a document is required to be served upon other parties by 
statute or Commission regulation and the document is in fact served by 
mail (see Sec.  1.47(f)), and the filing period for a response is 10 
days or less, an additional 3 days (excluding holidays) will be allowed 
to all parties in the proceeding for filing a response. This paragraph 
(h) shall not apply to documents filed pursuant to Sec.  1.89, Sec.  
1.315(b) or Sec.  1.316. For purposes of this paragraph (h) service by 
facsimile or by electronic means shall be deemed equivalent to hand 
delivery.

    Example 11: A reply to an opposition for a petition for 
reconsideration must be filed within 7 days after the opposition is 
filed. 47 CFR 1.106(h). The rules require that the opposition be 
served on the person seeking reconsideration. 47 CFR 1.106(g). If 
the opposition is served on the party seeking reconsideration by 
mail and the opposition is filed with the Commission on Monday, 
November 9, 1987, the first day to be counted is Tuesday, November 
10, 1987 (the day after the day on which the event occurred, Sec.  
1.4(c)), and the seventh day is Monday, November 16. An additional 3 
days (excluding holidays) is then added at the end of the 7 day 
period, and the reply must be filed no later than Thursday, November 
19, 1987.
    Example 12: Assume that oppositions to a petition in a 
particular proceeding are due 10 days after the petition is filed 
and must be served on the parties to the proceeding. If the petition 
is filed on October 28, 1993, the last day of the filing period for 
oppositions is Sunday, November 7. If service is made by mail, the 
opposition is due three days after November 7, or Wednesday, 
November 10.

* * * * *

0
9. Revise Sec.  1.101 to read as follows:


Sec.  1.101  General provisions.

    Under section 5(c) of the Communications Act of 1934, as amended, 
the Commission is authorized, by rule or order, to delegate certain of 
its functions to a panel of commissioners, an individual commissioner, 
an employee board, or an individual employee. Section 0.201(a) of this 
chapter describes in general terms the basic categories of delegations 
which are made by the Commission. Subpart B of part 0 of this chapter 
sets forth all delegations which have been made by rule. Sections 1.102 
through 1.117 set forth procedural rules governing reconsideration and 
review of actions taken pursuant to authority delegated under section 
5(c) of the Communications Act, and reconsideration of actions taken by 
the Commission. As used in Sec. Sec.  1.102 through 1.117, the term 
designated authority means any person, panel, or board which has been 
authorized by rule or order to exercise authority under section 5(c) of 
the Communications Act.
* * * * *

0
10. Amend Sec.  1.115 by revising paragraph (b)(2) to read as follows:


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

* * * * *
    (b) * * *
    (2) The application for review shall specify with particularity, 
from among the following, the factor(s) which warrant Commission 
consideration of the questions presented:
    (i) The action taken pursuant to delegated authority is in conflict 
with statute, regulation, case precedent, or established Commission 
policy.
    (ii) The action involves a question of law or policy which has not 
previously been resolved by the Commission.
    (iii) The action involves application of a precedent or policy 
which should be overturned or revised.
    (iv) An erroneous finding as to an important or material question 
of fact.
    (v) Prejudicial procedural error.
* * * * *


Sec.  1.120  [Removed]

0
11. Remove Sec.  1.120.
0
12. Amend Sec.  1.207 by revising paragraph (c) to read as follows:


Sec.  1.207  Interlocutory matters, reconsideration and review; cross 
references.

* * * * *
    (c) Rules governing the reconsideration and review of actions taken 
pursuant to delegated authority, and the reconsideration of actions 
taken by the Commission, are set forth in Sec. Sec.  1.101 through 
1.117.

Sec.  1.227  [Amended]

0
13. In Sec.  1.227, remove paragraph (b)(6).
0
14. Amend Sec.  1.229 by revising paragraph (b) to read as follows:


Sec.  1.229  Motions to enlarge, change, or delete issues.

* * * * *
    (b)(1) In comparative broadcast proceedings involving applicants 
for only new facilities, such motions shall be filed within 30 days of 
the release of the designation order, except that persons not named as 
parties to the proceeding in the designation order may file such 
motions with their petitions to intervene up to 30 days after 
publication of the full text or a summary of the designation order in 
the Federal Register. (See Sec.  1.223 of this part).
    (2) Any person desiring to file a motion to modify the issues after 
the expiration of periods specified in paragraphs (a) and (b)(1) of 
this section shall set forth the reason why it was not possible to file 
the motion within the prescribed period. Except as provided in 
paragraph (c) of this section, the motion will be granted only if good 
cause is shown for the delay in filing. Motions for modifications of 
issues which are based on new facts or newly discovered facts shall be 
filed within 15 days after such facts are discovered by the moving 
party.
* * * * *

0
15. Amend Sec.  1.244 by revising paragraph (d) to read as follows:


Sec.  1.244  Designation of a settlement judge.

* * * * *
    (d) The settlement judge shall have the authority to require 
applicants to submit their written direct cases for review. The 
settlement judge may also meet with the applicants and/or their 
counsel, individually and/or at joint conferences, to discuss their 
cases and the cases of their competitors. All such meetings will be 
off-the-record, and the settlement judge may express an opinion as to 
the relative comparative standing of the applicants and recommend 
possible means to resolve the proceeding by settlement. The proceedings 
before the settlement judge shall be subject to the confidentiality 
provisions of 5 U.S.C. 574. Moreover, no statements, offers of 
settlement, representations or concessions of the parties or opinions 
expressed by the settlement judge will be admissible as evidence in any 
Commission licensing proceeding.


0
16. Amend Sec.  1.282 by revising paragraph (b)(3) to read as follows:


Sec.  1.282  Final decision of the Commission.

* * * * *
    (b) * * *
    (3) The appropriate rule or order and the sanction, relief or 
denial thereof.
* * * * *


Sec.  1.325  [Amended]

0
17. In Sec.  1.325, remove paragraph (c).

[[Page 70909]]

Sec.  1.788  [Removed]

0
18. Remove Sec.  1.788.


Sec.  1.805  [Removed]

0
19. Remove Sec.  1.805.


Sec.  1.811  [Removed]

0
20. Remove Sec.  1.811.


Sec.  1.821  [Removed]

0
21. Remove Sec.  1.821.


Sec.  1.822  [Removed]

0
22. Remove Sec.  1.822.


Sec.  1.824  [Removed]

0
23. Remove Sec.  1.824.
0
24. Amend Sec.  1.929 by revising paragraph (b)(1) to read as follows:


Sec.  1.929  Classification of filings as major or minor.

* * * * *
    (b) * * *
    (1) Request an authorization or an amendment to a pending 
application that would expand the cellular geographic service area 
(CGSA) of an existing cellular system or, in the case of an amendment, 
as previously proposed in an application, except during the applicable 
five-year build-out period, if any;
* * * * *

0
25. Amend Sec.  1.931 by revising paragraph (b)(1) to read as follows:


Sec.  1.931  Application for special temporary authority.

* * * * *
    (b) Private Wireless Services. (1) A licensee of, or an applicant 
for, a station in the Private Wireless Services may request STA not to 
exceed 180 days for operation of a new station or operation of a 
licensed station in a manner which is beyond the scope of that 
authorized by the existing license. See Sec. Sec.  1.933(d)(6) and 
1.939. Where the applicant, seeking a waiver of the 180 day limit, 
requests STA to operate as a private mobile radio service provider for 
a period exceeding 180 days, evidence of frequency coordination is 
required. Requests for shorter periods do not require coordination and, 
if granted, will be authorized on a secondary, non-interference basis.
* * * * *

0
26. Amend Sec.  1.1317 by revising paragraph (a) to read as follows:


Sec.  1.1317  The Final Environmental Impact Statement (FEIS).

    (a) After receipt of comments and reply comments, the Bureau will 
prepare a FEIS, which shall include a summary of the comments, and a 
response to the comments, and an analysis of the proposal in terms of 
its environmental consequences, and any reasonable alternatives, and 
recommendations, if any, and shall cite the Commission's internal 
appeal procedures (See 47 CFR 1.101-1.117).
* * * * *

0
27. Amend Sec.  1.1803 by revising the definition of ``Section 504'' to 
read as follows:


Sec.  1.1803  Definitions.

* * * * *
    Section 504 means section 504 of the Rehabilitation Act of 1973, 
Public Law 93-112, 87 Stat. 394, 29 U.S.C. 794, as amended. As used in 
this part, section 504 applies only to programs or activities conducted 
by Executive agencies and not to federally assisted programs.
* * * * *

0
28. Revise Sec.  1.1840 to read as follows:


Sec.  1.1840  Employment.

    No qualified individual with a disability shall, on the basis of 
disability, be subjected to discrimination in employment under any 
program or activity conducted by the Commission. The definitions, 
requirements and procedures of section 501 of the Rehabilitation Act of 
1973, 29 U.S.C. 791, as established by the Equal Employment Opportunity 
Commission in 29 CFR parts 1614 and 1630, as well as the procedures set 
forth in the Basic Negotiated Agreement Between the Federal 
Communications Commission and National Treasury Employees Union, as 
amended, and Subchapter III of the Civil Service Reform Act of 1978, 5 
U.S.C. 7121(d), shall apply to employment in federally conducted 
programs or activities.


0
29. Revise Sec.  1.1851 to read as follows:


Sec.  1.1851  Building accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the Commission shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with disabilities. The definitions, requirements and 
standards of the Architectural Barriers Act, 42 U.S.C. 4151-4157, as 
established in 41 CFR 102-76.60 to 102-76.95, apply to buildings 
covered by this section.


0
30. Amend Sec.  1.1870 by revising paragraph (f) to read as follows:


Sec.  1.1870  Compliance procedures.

* * * * *
    (f) The Commission shall notify the United States Access Board upon 
receipt of any complaint alleging that a building or facility that is 
subject to the Architectural Barriers Act of 1968, as amended, 42 
U.S.C. 4151-4157, is not readily accessible to and usable by 
individuals with disabilities.
* * * * *

0
31. Amend Sec.  1.1901 by revising paragraph (e) to read as follows:


Sec.  1.1901  Definitions and construction.

* * * * *
    (e) The terms claim and debt are deemed synonymous and 
interchangeable. They refer to an amount of money, funds, or property 
that has been determined by an agency official to be due to the United 
States from any person, organization, or entity, except another Federal 
agency. For purposes of administrative offset under 31 U.S.C. 3716, the 
terms ``claim'' and ``debt'' include an amount of money, funds, or 
property owed by a person to a State, the District of Columbia, 
American Samoa, Guam, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, or the Commonwealth of 
Puerto Rico. ``Claim'' and ``debt'' include amounts owed to the United 
States on account of extension of credit or loans made by, insured or 
guaranteed by the United States and all other amounts due the United 
States from fees, leases, rents, royalties, services, sales of real or 
personal property, overpayments, penalties, damages, interest, taxes, 
and forfeitures issued after a notice of apparent liability that have 
been partially paid or for which a court of competent jurisdiction has 
ordered payment and such order is final (except those arising under the 
Uniform Code of Military Justice), and other similar sources.
* * * * *

0
32. Amend Sec.  1.1902 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  1.1902  Exceptions.

    (a) Claims arising from the audit of transportation accounts 
pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, 
terminated or settled in accordance with regulations published under 
the authority of 31 U.S.C. 3726 (see 41 CFR part 102-118).
    (b) Claims arising out of acquisition contracts subject to the 
Federal Acquisition Regulations (FAR) shall be determined, collected, 
compromised, terminated, or settled in accordance with those 
regulations. (See 48 CFR part 32). If not otherwise provided for in the 
FAR, contract claims that have been the

[[Page 70910]]

subject of a contracting officer's final decision in accordance with 
section 6(a) of the Contract Disputes Act of 1978 (41 U.S.C. 7103), may 
be determined, collected, compromised, terminated or settled under the 
provisions of this regulation, except that no additional review of the 
debt shall be granted beyond that provided by the contracting officer 
in accordance with the provisions of section 6 of the Contract Disputes 
Act of 1978 (41 U.S.C. 7103), and the amount of any interest, 
administrative charge, or penalty charge shall be subject to the 
limitations, if any, contained in the contract out of which the claim 
arose.
* * * * *

0
33. Amend Sec.  1.1910 by revising paragraphs (b)(2) and (c)(2) to read 
as follows:


Sec.  1.1910  Effect of insufficient fee payments, delinquent debts, or 
debarment.

* * * * *
    (b) * * *
    (2) Action will be withheld on applications, including on a 
petition for reconsideration or any application for review of a fee 
determination, or requests for authorization by any entity found to be 
delinquent in its debt to the Commission (see Sec.  1.1901(i)), unless 
otherwise provided for in this regulation, e.g., 47 CFR 1.1928 
(employee petition for a hearing). The entity will be informed that 
action will be withheld on the application until full payment or 
arrangement to pay any non-tax delinquent debt owed to the Commission 
is made and/or that the application may be dismissed. See the 
provisions of Sec. Sec.  1.1108, 1.1109, 1.1116, and 1.1118. Any 
Commission action taken prior to the payment of delinquent non-tax debt 
owed to the Commission is contingent and subject to rescission. Failure 
to make payment on any delinquent debt is subject to collection of the 
debt, including interest thereon, any associated penalties, and the 
full cost of collection to the Federal government pursuant to the 
provisions of the Debt Collection Improvement Act, 31 U.S.C. 3717.
* * * * *
    (c) * * *
    (2) The provisions of paragraphs (a) and (b) of this section will 
not apply to applications or requests for authorization to which 11 
U.S.C. 525(a) is applicable.


Sec.  1.2003  [Removed]

0
34. Remove Sec.  1.2003.

Subpart T--[Removed and Reserved]

0
35. Remove and reserve Subpart T, consisting of Sec. Sec.  1.5000 
through 1.5007.

Subpart U--[Removed and Reserved]

0
36. Remove and reserve Subpart U, consisting of Sec. Sec.  1.6000 
through 1.6012.
0
37. Amend Sec.  1.9001 by revising paragraph (a) to read as follows:


Sec.  1.9001  Purpose and scope.

    (a) The purpose of part 1, subpart X is to implement policies and 
rules pertaining to spectrum leasing arrangements between licensees in 
the services identified in this subpart and spectrum lessees. This 
subpart also implements policies for private commons arrangements. 
These policies and rules also implicate other Commission rule parts, 
including parts 1, 2, 20, 22, 24, 25, 27, 80, 90, 95, and 101 of title 
47, chapter I of the Code of Federal Regulations.
* * * * *

0
38. Amend Sec.  1.10014 by revising paragraphs (c)(2), (f), and (h) to 
read as follows:


Sec.  1.10014  What happens after officially filing my application?

* * * * *
    (c) * * *
    (2) Each ``Accepted for Filing'' Public Notice has a report number. 
Examples of various types of applications and their corresponding 
report number (the ``x'' represents a sequential number) follow.

------------------------------------------------------------------------
           Type of application                      Report No.
------------------------------------------------------------------------
325-C Applications......................  325-xxxxx.
Accounting Rate Change..................  ARC-xxxxx.
Foreign Carrier Affiliation Notification  FCN-xxxxx.
International High Frequency............  IHF-xxxxx.
Recognized Operating Agency.............  ROA-xxxxx.
Satellite Space Station.................  SAT-xxxxx.
Satellite Earth Station.................  SES-xxxxx.
International Telecommunications:
    Streamlined.........................  TEL-xxxxxS.
    Non-streamlined.....................  TEL-xxxxxNS and/or DA.
Submarine Cable Landing:
    Streamlined.........................  SCL-xxxxxS.
    Non-streamlined.....................  SCL-xxxxxNS and/or DA.
------------------------------------------------------------------------

* * * * *
    (f) We list most actions taken on public notices. Each ``Action 
Taken'' Public Notice has a report number. Examples of various types of 
applications and their corresponding report number (the ``x'' 
represents a sequential number) follow.

------------------------------------------------------------------------
           Type of application                      Report No.
------------------------------------------------------------------------
325-C Applications......................  325-xxxxx.
Accounting Rate Change..................  No action taken PN released.
Foreign Carrier Affiliation Notification  No action taken PN released.
International High Frequency............  IHF-xxxxx.
Recognized Operating Agency.............  No action taken PN released.
Satellite Space Station.................  SAT-xxxxx (occasionally).
Satellite Earth Station.................  SES-xxxxx.
International Telecommunications........  TEL-xxxxx and DA.
Submarine Cable Landing.................  TEL-xxxxx and DA.
------------------------------------------------------------------------


[[Page 70911]]

    (h) Issuing and Mailing Licenses for Granted Applications. Not all 
applications handled through IBFS and granted by the Commission result 
in the issuance of a paper license or authorization. A list of 
application types and their corresponding authorizations follows.

------------------------------------------------------------------------
     Type of application          Type of license/authorization issued
------------------------------------------------------------------------
325-C Application............  FCC permit mailed to permittee or
                                contact, as specified in the
                                application.
Accounting Rate Change.......  No authorizing document is issued by the
                                Commission. In some cases, a Commission
                                order may be issued related to an
                                Accounting Rate Change filing.
Data Network Identification    Letter confirming the grant of a new DNIC
 Code Filing.                   or the reassignment of an existing DNIC
                                is mailed to the applicant or its
                                designated representative.
Foreign Carrier Affiliation    No authorizing document is issued by the
 Notification.                  Commission. In some cases, a Commission
                                order may be issued related to a Foreign
                                Carrier Affiliation Notification.
International High Frequency:
    Construction Permits,      For all applications, an original,
     Licenses, Modifications,   stamped authorization is issued to the
     Renewals, and Transfers    applicant and a copy of the
     of Control/Assignment of   authorization is sent to the specified
     License.                   contact.
Recognized Operating Agency..  The FCC sends a letter to the Department
                                of State requesting grant or denial of
                                recognized operating agency status. (The
                                applicant is mailed a courtesy copy.)
                                The Department of State issues a letter
                                to both the Commission and the Applicant
                                advising of their decision.
Satellite Space Station:
    1. Request for Special     1. Letter, grant-stamped request, or
     Temporary Authority.       short order.
    2. New Authorization.....  2. Generally issued by Commission Order.
    3. Amendment.............  3. Generally issued as part of a
                                Commission Order acting upon the
                                underlying application.
    4. Modification..........  4. Generally issued by Commission Order.
    5. Transfer of Control/    5. Generally issued by Commission Order
     Assignment of License.     or Public Notice. Also, Form A-732
                                authorization issued and mailed to
                                applicant (original), parties to the
                                transaction, and the applicant's
                                specified contact (copy).
Satellite Earth Station:
    1. Request for Special     1. Letter, grant-stamped request, or
     Temporary Authority.       short order.
    2. New Authorization.....  2. License issued and mailed to applicant
                                (original) and specified contact (copy).
    3. Amendment.............  3. If granted, the action is incorporated
                                into the license for the underlying
                                application.
    4. Modification..........  4. License issued and mailed to applicant
                                (original) and specified contact (copy).
    5. Renewal...............  5. License issued and mailed to applicant
                                (original) and specified contact (copy).
    6. Transfer of Control/    6. If granted, Form A-732 authorization
     Assignment of License.     issued and mailed to applicant
                                (original), parties to the transaction,
                                and the applicant's specified contact
                                (copy).
International
 Telecommunications--Section
 214:
    1. Streamlined (New,       1. Action Taken Public Notice serves as
     Transfer of Control,       the authorization document. This notice
     Assignment).               is issued weekly and is available online
                                both at IBFS (http://www.fcc.gov/ibfs)
                                and the Electronic Document Management
                                System (EDOCS) (http://www.fcc.gov/e-file/ file/).
    2. Non-streamlined (New,   2. Decisions are generally issued by PN;
     Transfer of Control,       some are done by Commission Order.
     Assignment).
    3. Request for Special     3. Letter, grant-stamped request issued
     Temporary Authority.       to applicant.
International Signaling Point  Letter issued to applicant.
 Code Filing.
Submarine Cable Landing
 License Application:
    1. Streamlined (New,       1. Action Taken Public Notice serves as
     Transfer of Control,       the authorization document. This notice
     Assignment).               is issued weekly and is available online
                                both at IBFS, which can be found at
                                http://www.fcc.gov/ibfs, and the
                                Electronic Document Management System
                                (EDOCS), which can be found at http://www.fcc.gov/e-file/.
    2. Non-Streamlined (New,   2. Decisions are generally issued by PN;
     Transfer of Control,       some are done by Commission Order.
     Assignment).
------------------------------------------------------------------------



0
39. Amend Sec.  1.20007 by revising paragraph (a)(5) to read as 
follows:


Sec.  1.20007  Additional assistance capability requirements for 
wireline, cellular, and PCS telecommunications carriers.

    (a) * * *
    (5) Dialed digit extraction. Capability that permits a LEA to 
receive on the call data channel digits dialed by a subject after a 
call is connected to another carrier's service for processing and 
routing.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
40. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.


0
41. Amend Sec.  73.1010 by revising paragraph (a)(1) to read as 
follows:


Sec.  73.1010  Cross reference to rules in other parts.

* * * * *
    (a) * * *
    (1) Subpart A, ``General Rules of Practice and Procedure''. 
(Sec. Sec.  1.1 to 1.117).
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
42. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 309, 336 and 554.


0
43. Amend Sec.  74.5 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  74.5  Cross reference to rules in other parts.

    (a) * * *

[[Page 70912]]

    (1) Subpart A, ``General Rules of Practice and Procedure''. 
(Sec. Sec.  1.1 to 1.117).
    (2) Subpart B, ``Hearing Proceedings''. (Sec. Sec.  1.201 to 
1.364).
* * * * *
[FR Doc. 2011-28144 Filed 11-15-11; 8:45 am]
BILLING CODE 6712-01-P