Compensation of Costs of Mitigating Cuban Interference

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 97-266]

Compensation of Costs of Mitigating Cuban Interference

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Order removes the Commission's rules implementing Section

7 of the Radio Broadcasting to Cuba Act: Compensation of Costs of

Mitigating Cuban Interference because the funding for this activity was

only authorized for a four year period from the date of the first Radio

Marti program broadcast, May 20, 1985. Congress has made no further

appropriations for this activity.

EFFECTIVE DATE: August 26, 1997.

FOR FURTHER INFORMATION CONTACT: Ana Janckson-Curtis, Compliance and

Information Bureau, (202) 418-1160.

SUPPLEMENTARY INFORMATION: Adopted: July 28, 1997. Released: August 4,

1997.

1. This Order removes the provisions listed in Subpart M of Part 1

of the Commission's Rules, implementing section 7 of the Radio

Broadcasting to Cuba Act, Pub. L. 98-111, 97 Stat. 749 (1983). This

subpart includes Sections 1.1701 through 1.1712 of the Commission's

Rules 47 CFR 1.1701-1.1712.

2. The Radio Broadcasting to Cuba Act established a domestic radio

broadcast service to Cuba. Because Congress expected the government of

Cuba to retaliate for these broadcasts by interfering with or jamming

U.S. broadcast stations, Congress also adopted Section 7 of the Radio

Broadcasting to Cuba Act. This provision authorized the Federal

Communications Commission (FCC) to determine levels of jamming and

interference to U.S. radio broadcasting stations by Cuba through

regular monitoring of the 1180 AM frequency. Under Section 7, the

Commission became responsible for establishing interference measurement

criteria to assist in settling compensation claims brought by U.S.

radio broadcasting station licensees for costs incurred in mitigating

the effects of jamming activities by the Government of Cuba.

3. To implement Section 7, the Commission adopted regulations

setting forth the technical standards, requirements and procedures for

affected broadcast stations to file a claim, and the standards and

procedures to be used by the FCC staff to verify the level of

interference received by the stations. Congress specifically stated in

section 7(e), however, that ``[f]unds appropriated for implementation

of this section shall be available for a period of no more than four

years following the initial broadcast occurring as a result of the

program described in this Act.'' \1\

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\1\ The amount actually appropriated for ``facilities

compensation'' was $3,500,000 in 1984, see S. Rep. 98-514, to

accompany H.R. Bill 5712, 98th Cong. 2nd Sess. The Committee on

Appropriations noted that it expected to be informed of the need for

additional funds up to the $5,000,000 authorized.

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4. The first Radio Marti broadcast occurred on May 20, 1985. Since

then, Congress has made no further authorization or appropriation of

funds for the Radio Marti compensation program. \2\ In the

circumstances, we

[[Page 45172]]

conclude that the compensation program set forth in Section 7 of the

Radio Broadcasting to Cuba Act has elapsed and, therefore, removal of

the rules implementing Section 7 of the Radio Broadcasting to Cuba Act

is warranted. For the same reason, we have removed Section 0.61(g), 47

CFR 0.61(g), which gave the Mass Media Bureau responsibility for

processing compensation claims resulting from the Radio Marti

operations. Similarly, we have deleted OMB control numbers 3060-0344

and 3060-0345 from the list of OMB control numbers assigned pursuant to

the Paperwork Reduction Act, Public Law 104-13, and set forth in

Section 0.408, 47 CFR 0.408. These control numbers identified the

Commission's forms used to file compensation claims at issue.

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\2\ Indeed, in 1990, when Congress authorized the TV Marti

station, Congress debated whether to fund a compensation program for

broadcasters, and chose not to do so. Instead, Congress specified

alternative means for resolving any interference problems that would

result from the establishment of the TV Marti program. For example,

a task force was established for dealing with interference

complaints and the FCC was instructed to monitor and report

objectionable interference to appropriate Congressional committees.

See Conf. Rep. Foreign Relations Authorization Act, Fiscal Years

1990 and 1991, 101 Cong. 1st Sess., Rep. 101-343. Congress also

authorized the FCC to make technical changes to resolve interference

to affected stations. See S. Rep. No. 46, 101st Cong., 1st Sess., 41

(1989).

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5. Because this order will remove rules which are no longer

authorized by a statute, this change constitutes a minor amendment to

our rules. The expiration of Congress' authorization to carry out the

compensation program makes the removal of the rules implementing the

compensation program a ministerial function. Therefore, we find for

good cause that compliance with the notice and comment procedure of the

Administrative Procedure Act is unnecessary and that this action is not

subject to the thirty day effective period required by section 553(d)

of the Administrative Procedure Act, 5 U.S.C. Sec. 553(d). Accordingly,

this Order is effective immediately upon publication in the Federal

Register. (See 5 U.S.C. Sec. 553(b)(B)).

6. Accordingly, it is ordered, that pursuant to Sections 4(i),

4(j), and 303(r) of the Communications Act, 47 U.S.C. Secs. 154(i),

154(j), 303(r), 47 CFR part 1, is amended to remove Subpart M, which

consists of Sections 1.1701 through 1.1712.

7. It is further ordered that this Order will be effective on

August 26, 1997.

8. Further information on this proceeding may be obtained by

contacting Ana Janckson-Curtis, Compliance and Information Bureau, at

(202) 418-1160.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 1 of Title 47 of the Code of Federal Regulations are

amended as follows:

PART 0--ORGANIZATION

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

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

Sec. 0.61 Functions of the Bureau.

2. Section 0.61 is amended by removing and reserving paragraph (g).

Sec. 0.408 OMB control number and expiration dates assigned pursuant

to the Paperwork Reduction Act.

3. Section 0.408 is amended by removing the entries for OMB Control

Nos. 3060-0344 and 3060-0345.

PART 1--PRACTICE AND PROCEDURE

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

Authority: 47 U.S.C. 151, 154, 207, 303, and 309(j), unless

otherwise noted.

5. Subpart M of part 1, consisting of Secs. 1.1701 through 1.1712,

is removed and reserved.

[FR Doc. 97-22117 Filed 8-25-97; 8:45 am]

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