[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12545-12547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03699]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 1

[GN Docket No. 21-16; FCC 21-17; FRS 17471]


Delegations of Authority To Act on Applications for Review

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its organizational rules to codify a uniformly 
applicable standard for the exercise of delegated authority by staff 
Bureaus and Offices to dismiss procedurally defective Applications for 
Review. Bureaus and Offices will have clear authority to dismiss such 
applications that do not comply with procedural requirements.

DATES: Effective April 5, 2021.

FOR FURTHER INFORMATION CONTACT: David Konczal, Office of General 
Counsel, at [email protected] or (202) 418-1700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in GN Docket No. 21-16; FCC 21-17, adopted on January 13, 2021, and 
released on January 14, 2021. The complete text of this document can be 
located on the FCC website at https://docs.fcc.gov/public/attachments/FCC-21-17A1.pdf.

Synopsis

    1. By this Order, we amend parts 0 and 1 of the Commission's rules 
to codify a uniformly applicable standard for the exercise of delegated 
authority by various Bureaus and Offices to dismiss Applications for 
Review that do not comply with the procedural requirements of 47 CFR 
1.115(a), (b), (d), or (f). Our current rules delegating authority to 
the various Bureaus and Offices are inconsistent on this issue. The 
rules delegating authority to certain Bureaus and Offices provide them 
with authority to dismiss procedurally defective Applications for 
Review.\1\ The rules delegating authority to the other

[[Page 12546]]

Bureaus and Offices do not expressly provide this authority.\2\
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    \1\ See 47 CFR 0.271(c), 0.331(c), 0.261(b)(3).
    \2\ See 47 CFR 0.212(b)(3), 0.241(a)(2), 0.283(b), 0.291(d), 
0.311(a)(2), 0.361(b), 0.392(b).
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    2. To remove this inconsistency, we hereby amend our rules to 
delegate authority to various Bureaus and Offices to dismiss any 
Application for Review that does not contain any statement required 
under 47 CFR 1.115(a) or (b),\3\ or does not comply with the filing 
requirements of 47 CFR 1.115(d) or (f). We conclude that this action 
will eliminate confusion on this issue for the benefit of parties 
seeking Commission review of staff actions and parties opposing such 
challenges. In addition, this action will aid in the expeditious 
dismissal of procedurally defective Applications for Review. These 
amendments to the rules will apply to all Applications for Review filed 
on or after the effective date of the amendments set forth below.
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    \3\ The Bureaus' authority extends to those applications where 
such statements are missing entirely.
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    3. We also take this opportunity to correct a typographical error 
in the rules describing the functions of the Wireline Competition 
Bureau. As codified, Sec.  0.91(m) specifies that one of the functions 
of the Wireline Competition Bureau is to ``[c]arry out the functions of 
the Commission under the Communications Act of 1934, as amended, except 
as reserved to the Commission under Sec.  0.331.'' \4\ The reference to 
Sec.  0.331 is an error, as that is the provision of our rules that 
delegates authority to the Wireless Telecommunications Bureau. Instead 
the limitation should refer to Sec.  0.291 of our rules, which 
delegates authority to the Wireline Competition Bureau.
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    \4\ 47 CFR 0.91(m).
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    4. We hereby amend Sec.  0.91 to correct that typographical error. 
We conclude that this action will eliminate confusion on this issue for 
the benefit of parties seeking to determine the scope of authority 
delegated to the Wireline Competition Bureau.
    5. Finally, we make a minor correction to Sec.  0.392(j) of the 
delegated authority rules for the Public Safety and Homeland Security 
Bureau, which states that the chief of that bureau has authority to 
administer the 911 communications reliability and redundancy rules and 
policies ``contained in part 12 of this chapter.'' The reference to 
part 12 is no longer correct because in 2019, the Commission moved the 
part 12 rules to part 9 as part of its general consolidation of 911 
rules in the Kari's Law/RAY BAUM'S Act proceeding.\5\ Therefore, we 
amend Sec.  0.392(j) to replace the references to ``part 12'' with 
``part 9.''
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    \5\ Implementing Kari's Law and Section 506 of RAY BAUM'S Act; 
Inquiry Concerning 911 Access, Routing, and Location in Enterprise 
Communications Systems; Amending the Definition of Interconnected 
VoIP Service in Section 9.3 of the Commission's Rules, Report and 
Order, 84 FR 66716 (Dec. 5, 2019), 34 FCC Rcd 6607 (2019). The 
former part 12 rules are now contained in 47 CFR part 9.
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    6. No Notice and Comment Required. We have determined that the 
changes we adopt here are rules of agency organization, procedure, or 
practice, and are therefore exempt from the notice and comment 
requirements of the Administrative Procedure Act, 5 U.S.C. 553(b)(A).
    7. Regulatory Flexibility Act, Paperwork Reduction Act, and 
Congressional Review Act. Section 603 of the Regulatory Flexibility 
Act, as amended, 5 U.S.C. 603(a), requires a regulatory flexibility 
analysis in notice and comment rulemaking proceedings. As we are 
adopting these rules without notice and comment, no regulatory 
flexibility analysis is required. This document does not contain any 
new or modified information collection(s) subject to the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. In addition, therefore, it 
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, 44 U.S.C. 3506(c)(4). 
The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because the adopted 
rules are rules of agency organization, procedure, or practice that do 
not ``substantially affect the rights or obligations of non-agency 
parties,'' 5 U.S.C. 804(3)(C).
    8. Accordingly, it is ordered that pursuant to sections 4(i), 4(j), 
and 5 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 155, and 47 CFR 0.201(d), this order is hereby adopted and the 
rules set forth below are hereby amended effective 30 days after 
publication in the Federal Register.

List of Subjects

47 CFR Part 0

    Authority delegations, Organization and functions.

47 CFR Part 1

    Administrative practice and procedure, Penalties.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0 and 1 as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, 
unless otherwise noted.


0
2. Amend Sec.  0.91 by revising paragraph (m) to read as follows:


Sec.  0.91   Functions of the Bureau.

* * * * *
    (m) Carry out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec.  0.291.
* * * * *

0
3. Amend Sec.  0.212 by revising paragraph (b)(3) to read as follows:


Sec.  0.212   Board of Commissioners.

* * * * *
    (b) * * *
    (3) Applications for review of actions taken pursuant to delegated 
authority, except that the Board may dismiss any such application that 
does not contain any statement required under Sec.  1.115(a) or (b) of 
this chapter, or does not comply with the filing requirements of Sec.  
1.115(d) or (f) of this chapter.
* * * * *

0
4. Amend Sec.  0.241 by revising paragraphs (a) introductory text and 
(a)(2) to read as follows:


Sec.  0.241   Authority delegated.

    (a) The performance of functions and activities described in Sec.  
0.31 is delegated to the Chief of the Office of Engineering and 
Technology: Provided that the following matters shall be referred to 
the Commission en banc for disposition:
* * * * *
    (2) Applications for review of actions taken pursuant to delegated 
authority, except that the Chief of the Office of Engineering and 
Technology may dismiss any such application that does not contain any 
statement required under Sec.  1.115(a) or (b) of this chapter, or does 
not comply with the filing requirements of Sec.  1.115(d) or (f) of 
this chapter.
* * * * *

[[Page 12547]]


0
5. Amend Sec.  0.261 by revising paragraph (b)(3) to read as follows:


Sec.  0.261   Authority delegated.

* * * * *
    (b) * * *
    (3) To act upon any application for review of actions taken by the 
Chief, International Bureau, pursuant to delegated authority, except 
that the Chief of the International Bureau may dismiss any such 
application that does not contain any statement required under Sec.  
1.115(a) or (b) of this chapter, or does not comply with the filing 
requirements of Sec.  1.115(d) or (f) of this chapter;
* * * * *

0
6. Amend Sec.  0.271 by revising paragraph (c) to read as follows:


Sec.  0.271   Authority delegated.

* * * * *
    (c) The Chief, Office of Economics and Analytics, shall not have 
authority to act on any applications for review of actions taken by the 
Chief of the Office of Economics and Analytics pursuant to delegated 
authority, except that the Chief may dismiss any such application that 
does not contain any statement required under Sec.  1.115(a) or (b) of 
this chapter, or does not comply with the filing requirements of Sec.  
1.115(d) or (f) of this chapter.
* * * * *

0
7. Amend Sec.  0.283 by revising paragraph (b) to read as follows:


Sec.  0.283   Authority delegated.

* * * * *
    (b) Application for review of actions taken pursuant to delegated 
authority, except that the Chief of the Media Bureau may dismiss any 
such application that does not contain any statement required under 
Sec.  1.115(a) or (b) of this chapter, or does not comply with the 
filing requirements of Sec.  1.115(d) or (f) of this chapter.
* * * * *

0
8. Amend Sec.  0.291 by revising paragraph (d) to read as follows:


Sec.  0.291   Authority delegated.

* * * * *
    (d) Authority concerning applications for review. The Chief, 
Wireline Competition Bureau, shall not have authority to act upon any 
applications for review of actions taken by the Chief, Wireline 
Competition Bureau, pursuant to any delegated authority, except that 
the Chief of the Wireline Competition Bureau may dismiss any such 
application that does not contain any statement required under Sec.  
1.115(a) or (b) of this chapter, or does not comply with the filing 
requirements of Sec.  1.115(d) or (f) of this chapter.
* * * * *

0
9. Amend Sec.  0.311 by revising paragraph (a)(2) to read as follows:


Sec.  0.311   Authority delegated.

* * * * *
    (a) * * *
    (2) Applications for review of actions taken pursuant to delegated 
authority, except that the Chief of the Enforcement Bureau may dismiss 
any such application that does not contain any statement required under 
Sec.  1.115(a) or (b) of this chapter, or does not comply with the 
filing requirements of Sec.  1.115(d) or (f) of this chapter.
* * * * *

0
10. Amend Sec.  0.331 by revising paragraph (c) to read as follows:


Sec.  0.331   Authority delegated.

* * * * *
    (c) Authority concerning applications for review. The Chief, 
Wireless Telecommunications Bureau, shall not have authority to act 
upon any applications for review of actions taken by the Chief of the 
Wireless Telecommunications Bureau pursuant to any delegated authority, 
except that the Chief may dismiss any such application that does not 
contain any statement required under Sec.  1.115(a) or (b) of this 
chapter, or does not comply with the filing requirements of Sec.  1.115 
(d) or (f) of this chapter.
* * * * *

0
11. Amend Sec.  0.361 by revising paragraph (b) to read as follows:


Sec.  0.361   Authority delegated.

* * * * *
    (b) Application for review of actions taken pursuant to delegated 
authority, except that the Chief of Consumer and Governmental Affairs 
Bureau may dismiss any such application that does not contain any 
statement required under Sec.  1.115(a) or (b) of this chapter, or does 
not comply with the filing requirements of Sec.  1.115(d) or (f) of 
this chapter.
* * * * *

0
12. Amend Sec.  0.392 by revising paragraphs (b) and (j) to read as 
follows:


Sec.  0.392   Authority delegated.

* * * * *
    (b) The Public Safety and Homeland Security Bureau shall not have 
authority to act upon any applications for review of actions taken by 
the Chief, Public Safety and Homeland Security Bureau, pursuant to any 
delegated authority, except that the Chief of the Public Safety and 
Homeland Security Bureau may dismiss any such application that does not 
contain any statement required under Sec.  1.115(a) or (b) of this 
chapter, or does not comply with the filing requirements of Sec.  
1.115(d) or (f) of this chapter.
* * * * *
    (j) The Chief of the Public Safety and Homeland Security Bureau is 
delegated authority to administer the communications reliability and 
redundancy rules and policies contained in part 9, subpart H, of this 
chapter, develop and revise forms and procedures as may be required for 
the administration of part 9, subpart H, of this chapter, review 
certifications filed in connection therewith, and order remedial action 
on a case-by-case basis to ensure the reliability of 911 service in 
accordance with such rules and policies.

PART 1--PRACTICE AND PROCEDURE

0
13. The authority citation for part 1 is revised to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


0
14. Amend Sec.  1.104 by:
0
a. Revising paragraph (b); and
0
b. Removing the note following paragraph (d) and the parenthetical 
authority citation at the end of the section.
    The revision reads as follows:


Sec.  1.104   Preserving the right of review; deferred consideration of 
application for review.

* * * * *
    (b) Any person desiring Commission consideration of a final action 
taken pursuant to delegated authority shall file either a petition for 
reconsideration or an application for review (but not both) within 30 
days from the date of public notice of such action, as that date is 
defined in Sec.  1.4(b). The petition for reconsideration will be acted 
on by the designated authority or referred by such authority to the 
Commission: Provided that a petition for reconsideration of an order 
designating a matter for hearing will in all cases be referred to the 
Commission. The application for review will be acted upon by the 
Commission, except in those cases where a Bureau or Office has been 
delegated authority to dismiss an application for review.
* * * * *
[FR Doc. 2021-03699 Filed 3-3-21; 8:45 am]
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