Reorganization of the Compliance and Information Bureau

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2, 5, 21, 22, 23, 25, 73, 78, 80, 90, 94, and 95

[FCC 95-423]

Reorganization of the Compliance and Information Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This action restructures the Compliance and Information

Bureau. The Commission reviewed the operations of the Bureau in light

of principles of the National Performance Review to makes its

operations more cost effective and to privatize those that could be

handled by the private sector. It is the intent of this action to

improve service to the public at a reduced cost.

EFFECTIVE DATE: February 9, 1996.

FOR FURTHER INFORMATION CONTACT: Wayne T. McKee, Compliance and

Information Bureau, Federal Communications Commission, Washington, D.C.

20554, (202) 418-1191.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,

[[Page 8476]]

FCC 95-423, adopted October 6, 1995, and released, February 9, 1996.

The full text of this Order is available for inspection and copying

during normal business hours in the FCC Reference Center (Room 239)

1919 M Street, NW, Washington, DC. The complete text may be purchased

from the Commission's copy contractor, International Transcription

Services, 2100 M Street NW, Washington, DC 20037, telephone (202) 857-

3800.

Summary of Order

1. The Commission completed a full review of the mission,

processes, and organization of the Compliance and Information Bureau

and has determined to make changes to them in order to create a more

effective organization within the limits of our budgetary constraints.

2. The Commission will automate the high frequency direction-

finding network by installing new technology which can be remotely-

controlled from a single office. The Commission will also establish a

complaint and inquiry intake center, with a toll-free (800 or 888)

number, to centralize and make more efficient agency provision of

information and processing of complaints. The Commission will close its

offices in Buffalo, New York; Miami, Florida; St. Paul, Minnesota;

Norfolk, Virginia; Portland, Oregon; Houston, Texas; San Juan, Puerto

Rico; Anchorage, Alaska; and Honolulu, Hawaii. Two technical staff will

be retained in each of these cities as resident enforcement agents. The

remaining offices will be fully staffed and equipped to maintain the

Commission's Enforcement program.

3. The amendments adopted pertain to agency organization,

procedure, and practice. Consequently, the requirement of notice and

comment and the effective date provisions of the Administrative

Procedures Act, 5 U.S.C. Sec. 553(b), (d), do not apply.

4. Authority for the amendments adopted is contained in Sections

4(i), 5(b), 5(c)(1) and 303(r) of the Communications Act of 1934, as

amended, 47 U.S.C. Secs. 154(i), 155(b), 155(c)(1), 303(r).

List of Subjects

47 CFR Part O

Organization and functions (Goverment agencies), Delegation of

authority.

47 CFR Part 2

Communications equipment, Imports.

47 CFR Part 5

Monitoring stations, Radio.

47 CFR Part 21

Monitoring stations, Radio.

47 CFR Part 22

Monitoring stations, Radio.

47 CFR Part 23

Monitoring stations, Radio.

47 CFR Part 25

Monitoring stations, Radio.

47 CFR Part 73

Monitoring stations, Radio broadcasting.

47 CFR Part 78

Monitoring stations, Radio.

47 CFR Part 80

Communications equipment, Inspections, Marine safety, Monitoring

Stations, Overtime Compensation, Radio, Telegraph, Telephone, Vessels.

47 CFR Part 90

Monitoring stations, Radio.

47 CFR Part 94

Monitoring stations, Radio.

47 CFR Part 95

Monitoring stations, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rules

Title 47 of the Code of Federal Regulations, Parts 0, 2, 5, 21, 22,

23, 25, 73, 78, 80, 90, 94, and 95 are amended as follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for Part O continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as amended: 47 U.S.C. 155

2. Section 0.5 is amended by adding paragraph (a)(15) to read as

follows:

Sec. 0.5 General description of Commission organization and

operations.

(a) * * *

(15) Compliance and Information Bureau.

* * * * *

3. Section 0.111 and its preceding centered heading are revised to

read as follows:

Compliance and Information Bureau

Sec. 0.111 Functions of the Bureau.

(a) Enforce the Commission's Rules and Regulations; provide support

to other governmental units, investigate all non-government

communications matters; issue sanctions.

(b) Disseminate to the public on a local basis information

regarding communications issues and Commission rules, policies, and

programs.

(c) Collect information through a customer intelligence network to

inform the Commission on the needs of its customer and on the impact of

regulations and necessary refinements to them as suggested by the users

and the public.

(d) Participate in international conferences dealing with

monitoring and measurement; serve as the point of contact for the U.S.

Government in matters of international monitoring, fixed and mobile

direction-finding, and interference resolution. Provide technical and

administrative support on the administration of the ITU Fellowship

program and oversee coordination of non-routine communications and

materials between the Commission and international or regional public

organizations or foreign administrations.

(e) Reduce or eliminate interference to authorized communications.

Promote private sector solutions to interference problems; investigate

and resolve those unsuitable for private sector resolution or where the

private sector is unable to provide solutions. Work, in conjunction

with the Office of Engineering and Technology, with technical standards

bodies.

(f) Perform investigations in support of Commission policies.

(g) Maintain, operate, and manage the toll-free telephone receiving

center for complaint and inquiries. Coordinate with the Office of

Public Affairs and maintain liaison with the rest of the agency to

ensure that the needs of the public for information are handled

promptly, accurately, and comprehensively and that complaints are

directed to those charged with acting upon them.

(h) Under the general direction of the Defense Commissioner,

coordinate the defense activities of the Commission, and provide

support to the Defense Commissioner in his participation in the Joint

Telecommunication Resources Board and the National Security

Telecommunications Advisory Committee, including recommendation of

national emergency plans and preparedness programs covering

[[Page 8477]]

Commission functions during national emergencies. Support the Chief,

Common Carrier Bureau on assignment of Telecommunications Service

Priority System priorities and the administration of this system. The

Chief, Compliance and Information Bureau, or the designee of that

person, acts as the FCC Defense Coordinator and the principal of the

Commission to the National Communications System.

4. Section 0.185 is amended by revising the introductory text and

paragraphs (a) and (b) to read as follows:

Sec. 0.185 Responsibilities of the bureaus and staff offices.

The head of each of the bureaus and staff offices, in rendering

assistance to the Chief, Compliance and Information Bureau in the

performance of that person's duties with respect to defense activities

will have the following duties and responsibilities:

(a) To keep the Chief, Compliance and Information Bureau informed

of the investigation, progress, and completion of programs, plans, or

activities with respect to defense in which they are engaged or have

been requested to engage.

(b) To render assistance and advice to the Chief, Compliance and

Information Bureau on matters which relate to the functions of their

respective bureaus or staff offices.

* * * * *

5. Section 0.284(a)(3) and (a)(4) are revised to read as follows:

Sec. 0.284 Actions taken under delegated authority.

(a) * * *

(3) Requests for waiver of tower painting and lighting

specifications-Wireless Telecommunications Bureau.

(4) Matters involving emergency communications, including the

issuance of Emergency Alert System Authorizations (FCC Form

392)Compliance and Information Bureau.

* * * * *

Sec. 0.311 [Amended]

6. Section 0.311 is amended by removing the words, ``Chief, Field

Operations Bureau, or his designee,'' and adding in their place,

``Chief, Compliance and Information Bureau, or that person's

designee,'' wherever they occur and by removing the words, ``Field

Operations Bureau'' and adding in their place ``Compliance and

Information Bureau'' wherever they occur.

Sec. 0.445 [Amended]

7. Section 0.445(g) is amended by removing the words, ``FOB

Manual'' and adding in their place, ``CIB Manual'' wherever they occur

and by removing the words, ``Field Operations Bureau'' and adding in

their place, ``Compliance and Information Bureau'' wherever they occur.

Secs. 0.15, 0.91, 0.121, 0.317, 0.332, 0.387, 0.401, 0.431, 0.443

[Amended]

8. Sections 0.15(i), 0.91(l), 0.121(a), 0.317, 0.332(d), 0.332(h),

0.387(b), 0.401(a)(4), 0.431, and 0.443 are amended by removing the

words ``Field Operations Bureau'' and adding in their place,

``Compliance and Information Bureau'' wherever they occur.

PART 2--FREQUENCY ALLOCATION AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

1. The authority citation for Part 2 continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the Communications Act,

as amended, 47 U.S.C. Sections 154, 302, 303, and 307, unless

otherwise noted.

2. Section 2.1204(a)(4) is amended by revising the third sentence

to read as follows:

Sec. 2.1204 Import conditions.

(a)* * *

(4) * * * Prior to importation of more than ten units, written

approval must be obtained from the Chief, Compliance Division,

Compliance and Information Bureau, FCC.* * *

* * * * *

PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)

1. The authority citation for Part 5 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303. Interpret or imply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

Sec. 5.67 [Amended]

2. Section 5.67(d)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

1. The authority citation for Part 21 continues to read as follows:

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. 21.113 [Amended]

2. Section 21.113(c)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 22--PUBLIC MOBILE SERVICE

1. The authority citation for Part 22 continues to read as follows:

Authority: 47 U.S.C. 154, 303, unless otherwise noted.

Sec. 22.369 [Amended]

2. Section 22.369(c)(3) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATIONS SERVICES

1. The authority citation for Part 23 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47

U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47

U.S.C. 301.

Sec. 23.20 [Amended]

2. Section 23.20(e)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 25--SATELLITE COMMUNICATIONS

1. The authority citation for Part 25 continues to read as follows:

Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.

1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,

76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.

Sec. 25.203 [Amended]

2. Section 25.203(g)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for Part 73 to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

Sec. 73.1030 [Amended]

2. Section 73. 1030(c)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

[[Page 8478]]

PART 78--CABLE TELEVISION RELAY SERVICE

1. The authority citation for Part 78 continues to read as follows:

Authority: Secs. 2, 3 ,4, 301, 303, 307, 308, 309, 48 Stat., as

amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.

152, 153, 154, 301, 303, 307, 308, 309.

Sec. 78.19 [Amended]

2. Section 78.19(e)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 80--STATIONS IN THE MARITIME SERVICES

1. The authority citation for Part 80 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.

1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST

3450, 3 UST 4726, 12 UST 2377.

Sec. 80.21 [Amended]

2. Sections 80.21(b)(1) and 80.59(e) are amended by removing the

words, ``Field Operations Bureau'' and adding in their place,

``Compliance and Information Bureau'' wherever they occur.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

1. The authority citation for Part 90 continues to read as follows:

Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.

Sec. 90.177 [Amended]

2. Section 90.177(d)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 94--PRIVATE OPERATIONAL-FIXED MICROWAVE SERVICE

1. The authority citation for Part 94 continues to read as follows:

Authority: Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303, unless otherwise noted.

Sec. 94.25 [Amended]

2. Section 94.25(i)(2) is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

PART 95--PERSONAL RADIO SERVICES

1. The authority citation for Part 95 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303.

Sec. 95.39 [Amended]

2. Section 95.39 is amended by removing the words, ``Field

Operations Bureau'' and adding in their place, ``Compliance and

Information Bureau'' wherever they occur.

[FR Doc. 96-5041 Filed 3-4-96; 8:45 am]

BILLING CODE 6712-01-P