Establishment of the Enforcement and Consumer Information Bureaus

Federal RegisterNov 8, 1999

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 21, 27, 68, and 90

[FCC 99-172]

Establishment of the Enforcement and Consumer Information Bureaus

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to promote a more

efficient and effective organizational structure. The Commission has

concluded that the proper dispatch of its business and the public

interest will best be served by consolidating enforcement and consumer

information functions into an Enforcement Bureau and a Consumer

Information Bureau, respectively. The Commission also eliminates the

Compliance and Information Bureau and the Office of Public Affairs and

creates a small Office of Media Relations that will serve as the

Commission's liaison with the news media and manage the agency's

internet site.

DATES: Effective November 8, 1999.

FOR FURTHER INFORMATION CONTACT: Doreen McCarthy, 202-418-0795.

SUPPLEMENTARY INFORMATION: To promote a more efficient and effective

organizational structure, the Commission has concluded that the proper

dispatch of its business and the public interest will best be served by

consolidating enforcement and consumer information functions into an

Enforcement Bureau and a Consumer Information Bureau, respectively, and

by eliminating the Compliance and Information Bureau. In the Order

adopted July 12, 1999 and released October 27, 1999, we amend the

Commission's Rules to reflect the creation of the new Bureaus, describe

their functions and delegated authority and to make other conforming

changes. We also note that the new Bureaus will have delegated

authority to act on petitions for reconsideration of decisions of their

predecessor Bureaus or Offices on matters within the scope of their

relevant delegated authority. The Order also eliminates the Office of

Public Affairs and creates a small Office of Media Relations that will

serve as the Commission's liaison with the news media and manage the

agency's internet site.

Authority for the adoption of the foregoing revisions is contained

in Sections 4(i), 4(j), 5(b), 5(c), 201(b) and 303(r) of the

Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j),

155(b), 201(b) and 303(r).

The amendments adopted herein pertain to agency organization,

procedure and practice. Consequently, the notice and comment provision

of the Administrative Procedure Act contained in 5 U.S.C. 553(b) is

inapplicable.

Accordingly, it is ordered that Parts 0, 1, 21, 27, 68 and 90 of

the Commission's Rules, set forth in Title 47 of the Code of Federal

Regulations, are amended effective November 8, 1999.

List of Subjects

47 CFR Part 0

Organizations and functions (Government agencies).

47 CFR Part 1

Communications common carriers, Telecommunications.

47 CFR Part 21

Radio.

47 CFR Part 27

Communications common carriers.

47 CFR Part 68

Communications equipment, Telephone.

47 CFR Part 90

Common carriers, Radio.

[[Page 60716]]

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Parts 0, 1, 21, 27, 68 and 90 of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

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

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

225, unless otherwise noted.

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

follows:

Sec. 0.5 General description of Commission organization and

operations.

(a) Principal staff units. The Commission is assisted in the

performance of its responsibilities by its staff, which is divided into

the following principal units:

(1) Office of Managing Director.

(2) Office of Engineering and Technology.

(3) Office of General Counsel.

(4) Office of Plans and Policy.

(5) Office of Media Relations.

(6) Office of Legislative Affairs.

(7) Office of Inspector General.

(8) Office of Communications Business Opportunities.

(9) Office of Administrative Law Judges.

(10) Common Carrier Bureau.

(11) Wireless Telecommunications Bureau.

(12) International Bureau.

(13) Cable Services Bureau.

(14) Mass Media Bureau.

(15) Enforcement Bureau.

(16) Consumer Information Bureau.

* * * * *

3. The undesignated centerheading immediately preceding Sec. 0.15

is revised to read as follows:

Office of Media Relations

4. Section 0.15 is revised to read as follows:

Sec. 0.15 Functions of the Office.

(a) Enhance public understanding of and compliance with the

Commission's regulatory requirements through dissemination of

information to the news media.

(b) Act as the principal channel for communicating information to

the news media on Commission policies, programs, and activities.

(c) Advise the Commission on information dissemination as it

affects liaison with the media.

(d) Manage the FCC's Internet site and oversee the agency's Web

standards and guidelines.

(e) Maintain liaison with the Consumer Information Bureau on press

and media issues concerning consumer assistance and information

including informal consumer complaints.

5. Section 0.17 is amended by adding paragraph (g) to read as

follows:

Sec. 0.17 Functions of the Office.

* * * * *

(g) Coordinate with the Consumer Information Bureau on issues

involving informal consumer complaints and other general inquiries by

consumers.

6. Section 0.31 is amended by adding paragraph (n) to read as

follows:

Sec. 0.31 Functions of the Office.

* * * * *

(n) To assist the Consumer Information Bureau on issues involving

informal consumer complaints and other general inquiries by consumers.

7. Section 0.51 is amended by adding paragraph (s) to read as

follows:

Sec. 0.51 Functions of the Bureau.

* * * * *

(s) To assist the Consumer Information Bureau on issues involving

informal consumer complaints and other general inquiries by consumers.

8. Section 0.61 is amended by removing and reserving paragraph (c),

revising paragraph (f) and adding paragraph (g) to read as follows:

Sec. 0.61 Functions of the Bureau.

* * * * *

(f) Handle equal employment opportunity enforcement and political

broadcasting and fairness doctrine complaints involving broadcast

stations, cable operators and other multichannel video program

distributors.

(g) To assist the Consumer Information Bureau on issues involving

informal consumer complaints and other general inquiries by consumers.

* * * * *

9. Section 0.91 is amended by revising paragraphs (a), (c) and (h)

to read as follows:

Sec. 0.91 Functions of the Bureau.

* * * * *

(a) Advises and makes recommendations to the Commission, or acts

for the Commission under delegated authority, in matters pertaining to

the regulation and licensing of communication common carriers and

ancillary operations (other than matters pertaining exclusively to the

regulation and licensing of wireless telecommunications services and

facilities). This includes: Policy development and coordination;

adjudicatory and rule making proceedings, including rate and service

investigations; determinations regarding lawfulness of carrier tariffs;

action on applications for service and facility authorizations; review

of carrier performance; economic research and analysis; administration

of Commission accounting and reporting requirements; compliance and

enforcement activities not otherwise within the responsibility of the

Enforcement Bureau; and any matters concerning wireline carriers that

also affect wireless carriers in cooperation with the Wireless

Telecommunications Bureau.

* * * * *

(c) Advises and assists the public, other government agencies and

industry groups on wireline common carrier regulation and related

matters. Also assists the Consumer Information Bureau with informal

consumer complaints and other general inquiries by consumers regarding

wireline common carrier regulation and related matters.

* * * * *

(h) Administers the Telecommunications Service Priority System with

the concurrence of the Enforcement Bureau, and resolves matters

involving assignment of priorities and other issues pursuant to part 64

of this chapter.

* * * * *

10. Section 0.101 is amended by revising paragraph (d) to read as

follows:

Sec. 0.101 Functions of the Bureau.

* * * * *

(d) Advises and assists, the public, other government agencies and

industry groups. Also assists the Consumer Information Bureau with

informal consumer complaints and other general inquiries by consumers

regarding cable regulations and related matters.

* * * * *

11. The undesignated centerheading immediately preceding Sec. 0.111

is revised to read as follows:

Enforcement Bureau

12. Section 0.111 is revised to read as follows:

Sec. 0.111 Functions of the Bureau.

(a) Serve as the primary Commission entity responsible for

enforcement of the Communications Act and other communications

statutes, the Commission's rules, Commission orders and Commission

authorizations, other than matters that are addressed in the

[[Page 60717]]

context of a pending application for a license or other authorization

or in the context of administration, including post-grant

administration, of a licensing or other authorization or registration

program.

(1) Resolve complaints, including complaints filed under section

208 of the Communications Act, regarding acts or omissions of common

carriers (wireline, wireless and international).

Note to paragaph (a)(1): The Consumer Information Bureau has

primary responsibility for informally resolving individual informal

complaints from consumers against common carriers (wireline,

wireless and international) and against other wireless licensees,

and informal consumer complaints involving access to

telecommunications services and equipment for persons with

disabilities. The Common Carrier Bureau has primary responsibility

regarding compliance with common carrier accounting and related

requirements, including those imposed under section 220 of the

Communications Act, and complaints regarding connection of equipment

to the telephone network under part 68 of the Commission's rules.

The International Bureau has primary responsibility for complaints

regarding international settlements rules and policies. The Cable

Services Bureau has primary responsibility for pole attachment

complaints under section 224 of the Communications Act.

(2) Resolve complaints regarding acts or omissions of non-common

carriers subject to the Commission's jurisdiction under Title II of the

Communications Act and related provisions, including complaints against

aggregators under section 226 of the Communications Act and against

entities subject to the requirements of section 227 of the

Communications Act.

Note to paragraph (a)(2): The Consumer Information Bureau has

primary responsibility for informally resolving individual informal

complaints from consumers against non-common carriers subject to the

Commission's jurisdiction under Title II of the Communications Act

and related provisions, other than complaints involving access to

communications services and equipment for persons with disabilities.

(3) Resolve formal complaints regarding accessibility to

telecommunications services and equipment for persons with

disabilities, including complaints filed pursuant to sections 225 and

255 of the Communications Act.

(4) Resolve complaints regarding radiofrequency interference and

complaints regarding radiofrequency equipment and devices, including

complaints of violations of sections 302 and 333 of the Communications

Act.

Note to paragraph (a)(4): The Cable Services Bureau has shared

responsibility for cable signal leakage complaints and the Office of

Engineering and Technology has shared responsibility for

radiofrequency equipment and device complaints.

(5) Resolve complaints regarding compliance with the Commission's

Emergency Alert System rules.

(6) Resolve complaints regarding the lighting and marking of radio

transmitting towers under section 303(q) of the Communications Act.

Note to paragraph (a)(6): The Wireless Telecommunications Bureau

has responsibility for administration of the tower registration

program.

(7) Resolve complaints regarding compliance with statutory and

regulatory provisions regarding indecent communications subject to the

Commission's jurisdiction.

(8) Resolve complaints regarding the broadcast and cable television

children's television programming commercial limits contained in

section 102 of the Children's Television Act.

Note to paragraph (a)(8): The Mass Media Bureau has

responsibility for enforcement of these limits in the broadcast

television renewal context.

(9) Resolve complaints regarding unauthorized construction and

operation of communications facilities, including complaints of

violations of section 301 of the Communications Act.

(10) Resolve complaints regarding false distress signals under

section 325(a) of the Communications Act.

(11) Resolve other complaints against Title III licensees and

permittees.

Note to paragraph (a)(11): The Mass Media Bureau has primary

responsibility for complaints regarding children's television

programming requirements, and for political and related programming

matters and equal employment opportunity matters involving

broadcasters, cable operators and other multichannel video

programming distributors. The relevant licensing Bureau has primary

responsibility for complaints involving tower siting and the

Commission's environmental rules. The Cable Services Bureau has

primary responsibility for complaints regarding the Commission's

Cable Antenna Relay Service rules.

(12) Resolve complaints regarding other matters assigned to it by

the Commission, matters that do not fall within the responsibility of

another Bureau or Office or matters that are determined by mutual

agreement with another Bureau or Office to be appropriately handled by

the Enforcement Bureau.

(13) Identify and analyze complaint information, conduct

investigations, conduct external audits and collect information,

including pursuant to sections 218, 308(b), 403 and 409(e) through (k)

of the Communications Act, in connection with complaints, on its own

initiative or upon request of another Bureau or Office.

(14) Issue or draft orders taking or recommending appropriate

action in response to complaints or investigations, including, but not

limited to, admonishments, damage awards where authorized by law or

other affirmative relief, notices of violation, notices of apparent

liability and related orders, notices of opportunity for hearing

regarding a potential forfeiture, hearing designation orders, orders

designating licenses or other authorizations for a revocation hearing

and consent decrees. Issue or draft appropriate orders after a hearing

has been terminated by an Administrative Law Judge on the basis of

waiver. Issue or draft appropriate interlocutory orders and take or

recommend appropriate action in the exercise of its responsibilities.

(15) Encourage cooperative compliance efforts.

(16) Mediate and settle disputes.

(17) Provide information regarding pending complaints, compliance

with relevant requirements and the complaint process, where appropriate

and to the extent the information is not available from the Consumer

Information Bureau or other Bureaus and Offices.

(18) Exercise responsibility for rulemaking proceedings regarding

general enforcement policies and procedures.

(19) Advise the Commission or responsible Bureau or Office

regarding the enforcement implications of existing and proposed rules.

(20) Serve as the primary point of contact for coordinating

enforcement matters, including market and consumer enforcement matters,

with other federal, state and local government agencies, as well as

with foreign governments after appropriate consultation, and provide

assistance to such entities. Refer matters to such entities, as well as

to private sector entities, as appropriate.

(b) Serve as trial staff in formal hearings conducted pursuant to 5

U.S.C. 556 regarding applications, revocation, forfeitures and other

matters designated for hearing.

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

coordinate the defense activities of the Commission and provide support

to the Defense Commissioner with respect to his or her participation in

the Joint Telecommunications Resources Board, and the National Security

Telecommunications Advisory Committee and other organizations.

Recommend national emergency plans

[[Page 60718]]

and preparedness programs covering Commission functions during national

emergency conditions. Support the Chief of the Common Carrier,

International and Wireless Telecommunications Bureaus on matters

involving assignment of Telecommunications Service Priority System

priorities and in administration of that system. The Chief, Enforcement

Bureau, or that person's designee, acts as FCC Alternate Defense

Coordinator and principal to the National Communications System.

Perform such alternate functions as may be delegated during a national

emergency or following activation of the President's war emergency

powers as specified in section 706 of the Communications Act.

(d) In coordination with the International Bureau, 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; and oversee coordination of non-routine

communications and materials between the Commission and international

or regional public organizations or foreign administrations.

(e) In conjunction with the Office of Engineering and Technology,

work with technical standards bodies.

(f) Administer the Commission's Emergency Alert System. Be

responsible for rulemakings involving the Emergency Alert System.

(g) Oversee the Commission's privatized ship radio safety

inspection program.

(h) Have authority to rule on emergency requests for Special

Temporary Authority during non-business hours.

(i) Provide field support for, and field representation of, the

Bureau, other Bureaus and Offices and the Commission. Coordinate with

other Bureaus and Offices as appropriate.

(j) Handle congressional and other correspondence relating to or

requesting specific enforcement actions, specific complaints or other

specific matters within the responsibility of the Bureau, to the extent

not otherwise handled by the Consumer Information Bureau, the Office of

General Counsel (impermissible ex parte presentations) or another

Bureau or Office.

(k) Have authority to issue non-hearing related subpoenas for the

attendance and testimony of witnesses and the production of books,

papers, correspondence, memoranda, schedules of charges, contracts,

agreements, and any other records deemed relevant to the investigation

of matters within the responsibility of the Bureau. Before issuing a

subpoena, the Enforcement Bureau shall obtain the approval of the

Office of General Counsel.

(l) Perform such other functions as may be assigned or referred to

it by the Commission.

13. Section 0.121 is amended by revising paragraph (a) as follows:

Sec. 0.121 Location of field installations.

(a) Field offices are located throughout the United States. For the

address and phone number of the closest office contact the Enforcement

Bureau or see the U.S. Government Manual.

* * * * *

14. Section 0.131 is amended by revising paragraphs (a), (h) and

(i) to read as follows:

Sec. 0.131 Functions of the Bureau.

* * * * *

(a) Advises and makes recommendations to the Commission, or acts

for the Commission under delegated authority, in all matters pertaining

to the licensing and regulation of wireless telecommunications,

including ancillary operations related to the provision or use of such

services; and any matters concerning wireless carriers that also affect

wireline carriers in cooperation with the Common Carrier Bureau. These

activities include: policy development and coordination; conducting

rulemaking and adjudicatory proceedings, including licensing and

complaint proceedings for matters not within the responsibility of the

Enforcement Bureau; acting on waivers of rules; acting on applications

for service and facility authorizations; compliance and enforcement

activities for matters not within the responsibility of the Enforcement

Bureau; determining resource impacts of existing, planned or

recommended Commission activities concerning wireless

telecommunications, and developing and recommending resource deployment

priorities.

* * * * *

(h) Develops and recommends policies, programs and rules to ensure

interference-free operation of wireless telecommunications equipment

and networks. Coordinates with and assists other Bureaus and Offices,

as appropriate, concerning spectrum management, planning, and

interference matters and issues, and in compliance and enforcement

activities. Studies technical requirements for equipment for wireless

telecommunications services in accordance with standards established by

the Chief, Office of Engineering and Technology.

(i) Advises and assists consumers, businesses and other government

agencies on wireless telecommunications issues and matters related

thereto. Also assists the Consumer Information Bureau with informal

consumer complaints and other general inquiries by consumers regarding

cable regulations and related matters.

* * * * *

15. Add an undesignated center heading and 0.141 to read as

follows:

Consumer Information Bureau

Sec. 0.141 Functions of the Bureau.

(a) Serve as the primary Commission entity responsible for

communicating information to the general public regarding Commission

policies, programs, and activities. Develop, recommend, coordinate and

administer the Commission's consumer information program to enhance the

public's understanding of and compliance with the Commission's

regulatory requirements.

(1) Provide a single source ``one-stop'' shop or ``FCC General

Store'' for handling general inquiries and informally resolving

individual informal consumer complaints for the Commission.

(2) Provide information to the public on the Commission's policies,

goals, objectives, and regulatory requirements in order to facilitate

public participation in the Commission's decision-making processes.

(3) Plan, develop, and implement, in coordination with Bureaus and

Offices, a Commission wide strategic information plan. Collect and

analyze information received in the Bureau from incoming informal

consumer complaints and inquiries, consumer forums, and other industry

sources and act as an early warning system to alert the Commissioners

and the other Bureaus and Offices of areas of concern or interest.

(4) In conjunction with appropriate Bureaus and Offices, conduct

consumer forums to educate the public about important Commission

regulatory programs and to solicit public feedback about the work of

the Commission.

(5) In coordination with the Managing Director's Office, provide

objectives and evaluation methods for the public information portions

of the Agency's Government Performance and Results Act (GPRA)

submissions and other Agency-wide strategic planning efforts.

(6) Provide expert advice and assistance to Bureaus and Offices

[[Page 60719]]

regarding compliance with accessibility requirements.

(7) Provide accessible formats for distribution of Commission

material for use by individuals with disabilities, and ensure that

individuals with disabilities have access to Commission processes in

accordance with Section 504 of the Rehabilitation Act of 1973, 29

U.S.C. 794.

(8) Develop and issue, in conjunction with appropriate Bureaus and

Offices, consumer alerts and public service announcements to give

consumers information about their rights and information to protect

themselves from unscrupulous individuals and firms.

(9) Exercise responsibility for rulemaking proceedings regarding

general consumer education policies and procedures, and any other

related issues, as appropriate.

(b) Provide consumers with timely, up-to-date, and accurate

information promptly and professionally, in a format that is most

convenient to the consumer through the use of an integrated telephone,

TTY, e-mail, web site, and correspondence center.

(1) Provide informal resolution of individual informal consumer

complaints in accord with the Bureau's delegated authority (except

those complaints filed regarding accessibility to communications

services and equipment for persons with disabilities, including

complaints filed pursuant to sections 225, 255, and 713 of the

Communications Act, which are handled by the Enforcement Bureau.)

(i) Complete an electronic complaint form at the request of

consumers and assist consumers with informal resolution of their

complaints through service, facilitation, and informal resolution to

address consumer-oriented problems.

(ii) Mediate and settle disputes in informal complaints as

appropriate.

(2) Develop and implement approaches and delivery mechanisms to

increase productivity and continuously improve service to consumers.

Develop partnership with other federal, state, and local governments

and industry in order to establish mechanisms to quickly address

informal consumer complaints and issues.

(3) Identify and refer new, novel and/or hot consumer issues to the

appropriate Commission Bureau or Office.

(4) Prepare and distribute information and documents of interest to

consumers regarding their rights under applicable law.

(5) In coordination with other Bureaus and Offices, handle

Congressional and other correspondence related to specific informal

consumer complaints, or other specific matters within the

responsibility of the Bureau, to the extent not otherwise handled by

the Office of General Counsel (impermissible ex parte presentations) or

another Bureau or Office.

(c) Develop, plan, coordinate and operate the consolidated

reference and research services center to ensure accessibility of the

files and record systems for the public and Commission staff.

(1) Serve as the official FCC record custodian for designated

records to include intake processing, organization and file

maintenance, reference services, retirement, and retrieval of these

records. Responsible for managing and maintaining the Electronic

Comment Filing System.

(2) Certify records for adjudicatory and court proceedings.

(3) Convene periodic user group meetings to assist in defining

requirements for automated reference and research services.

(4) Maintain files for Informal Consumer Complaints, Broadcast

Ownership, AM/FM/TV, TV Translators, FM Translators, Cable TV,

Wireless, Auction and Common Carrier Tariff and other public record

systems in a current state by receiving, reviewing, and filing

applications, authorizations, correspondence, technical data and other

materials in accordance with established procedures and time frames.

Maintain for public inspection Time Brokerage and Affiliation

Agreements.

(5) Provide the public and the Commission staff prompt access to

manual/computerized records and filing systems.

(6) Maintain court citation file and legislative histories

concerning telecommunications dockets.

(d) Manage the Bureau's computer hardware, software, and database

systems, such as the Bureau's Internet site, consumer information

network systems, and the electronic comment filing system. Responsible

for all design, systems development, presentation development,

accessibility and coordination with the Chairman, Commissioners, and

other Bureaus and Offices to ensure complete, timely, and accurate

coverage of Bureau activities and Commission publications.

(1) Participate with the Internet Working Group to set standards

and develop guidelines that govern the FCC Internet practices and

procedures. Keep abreast of new developments and provide expert advice

on how to attain new goals.

(2) In consultation with, and assisted by the Managing Director's

Office, identify the role of the Information Technology Center in

supporting the hardware, software, and systems needs of the Bureau.

(3) Provide leadership to Bureaus and Offices for dissemination of

consumer information via the Internet.

(4) Coordinate with other Bureaus and Offices to develop and

maintain Commission-wide databases for dissemination of consumer

information and related documents.

(5) Provide technology and automation support to the Bureau to

ensure smooth operation of daily business and ongoing work. Purchase,

install and monitor use of new technology. Provide training as

appropriate.

(6) Determine need for, develop statements of work, recommend,

implement and manage automated information systems, electronic filing

systems, telephone systems, electronic and document management systems.

(e) Develop, recommend, and implement policies, goals, and

objectives to solicit public input in Commission policy-making

proceedings to ensure that the Commission has the benefit of a wide

spectrum of information and viewpoints in its decision-making

processes.

(1) In coordination with the Commission's Bureaus and Offices,

maintain liaison with consumer organizations and governmental agencies

concerned with FCC regulatory activities to ensure a continuing

exchange of views and information.

(2) Conduct consumer forums to educate the public about important

Commission regulatory programs and to solicit public feedback from

consumers and to encourage more public participation in the work of the

Commission.

(3) Develop and maintain special databases for mailing, e-mailing,

and sending facsimile material to groups affected by commission

actions.

(4) Arrange briefings and seminars for educational institutions,

consumer organizations or other groups interested in the operations of

the Commission.

(5) In coordination with Bureaus and Offices, implement an informal

work group for information sharing purposes to ensure coordination on

all consumer information and outreach projects.

(6) Advise and assist the Chairman, Commissioners, and the Bureaus

and Offices regarding public participation on consumer information/

education matters.

(7) Exercise responsibility for rulemaking proceedings regarding

[[Page 60720]]

general consumer education policies and procedures and related matters.

(f) Plan, develop and implement, in coordination with Bureaus and

Offices, a Commission-wide strategic information plan.

(1) Develop and establish a coordinated information collection and

validation process with bureaus and offices to ensure accuracy and

validity of information disseminated by the Bureau.

(2) Collect and analyze information received in the Bureau from

incoming consumer complaints and inquiries, consumer forums, and other

industry sources and act as an early warning system to alert the

Commissioners and the other Bureaus and Offices of areas of concern or

interest.

(3) Promote within the Commission an increased understanding of the

concerns and viewpoints of the public through formal and informal

coordinating procedures to ensure prompt service to the public who seek

information about FCC proceedings and policies, and who seek assistance

in participating in Commission activities.

(4) Oversee the graphics arts program for the Bureau. In

coordination with other Bureaus and Offices, produce audio and video

consumer alerts and public service announcements for dissemination to

the public.

(5) In consultation with the Managing Director's Office, provide

objectives and evaluation methods for the public information portion of

the Agency's Government Performance and Results Act (GPRA) submissions

an other Agency-wide strategic planning efforts.

(6) Ensure that alternative formats of Commission materials are

available to Commission employees, Bureaus, Offices and members of the

public. Develop a library of commonly requested materials on disability

issues, and issues of interest to all consumers. Provide other

Commission materials in alternative formats, upon request. Materials

will be available in Braille, audio cassette, large print, computer

diskette and CD-ROM.

(g) Appoint a Rehabilitation Act Officer with full authority to

oversee FCC compliance with the requirements of the Rehabilitation Act

of 1973 (29 U.S.C. 794), and to provide direction and assistance on all

associated activities and initiatives to other Bureaus and Offices.

Note to paragraph (g): Responsibility for implementing section

501 requirements of the Rehabilitation Act are assigned to the

Office of Workplace Diversity. Responsibility for implementing

section 504 requirements of the Rehabilitation Act are assigned to

the Disability Rights Office. Responsibility for implementing

section 508 requirements are assigned to the Office of the Managing

Director.

(1) Coordinate with appropriate Bureau/Office experts to provide

technical assistance on all accessibility related rules/proceedings.

Coordinate with Disability and Business Technical Assistance Center's

(DBTAC's) and represent the Commission on rehabilitation and

accessibility related committees, working groups, and at associated

conferences. Coordinate TTY directory publishing as required by the

Telecommunications Accessibility Enhancement Act.

(2) Coordinate with Bureaus and Offices to develop recommendations

and propose policies to ensure that telecommunications and mass media

are accessible to persons with disabilities. Review relevant agenda

items and other documents prepared by Bureaus or Offices to ensure that

the documents are in conformance with existing disability laws and

policies and that they support the Commission's goal of increasing

accessibility of communications services and technologies for persons

with disabilities. Provide expert advice on issues relevant to persons

with disabilities. Initiate rulemaking proceedings as appropriate.

(3) Provide advice and assistance, as required, to other Bureaus as

appropriate, on the requirements of the Americans with Disabilities Act

(ADA), the Rehabilitation Act, and the Communications Act, including

sections 255 and 713 and enforcement activities related to

accessibility.

(4) Develop specialized disability outreach efforts to include

postings on the Commission's web sites and maintaining an electronic

disability outreach list and resource library of disability literature,

including articles, publications and newsletters.

(5) Monitor legal developments affecting persons with disabilities

by reviewing court and Commission decisions, professional publications,

and trade press, and by researching legislation, decisions, opinions

and regulation.

(6) Manage the Disabilities Issues Task Force and associated

working groups.

(7) Coordinate training opportunities for Commission employees on

accessibility issues.

(h) Perform such other functions as may be assigned or referred to

the Bureau by the Commission.

16. Section 0.181 is amended by revising the introductory text and

paragraphs (c), (d) and (h) to read as follows:

Sec. 0.181 The Defense Commissioner.

The Defense Commissioner is designated by the Commission. The

Defense Commissioner directs the defense activities of the Commission

and has the following duties and responsibilities:

* * * * *

(c) To act as the Defense Coordinator in representations with other

agencies with respect to planning for the continuity of the essential

functions of the Commission under emergency conditions.

(d) To serve as a member of the Joint Telecommunications Resources

Board (JTRB).

* * * * *

(h) To approve national emergency plans and develop preparedness

programs covering: provision of service by common carriers;

broadcasting and cable facilities, satellite and the wireless radio

services; radio frequency assignment; electromagnetic radiation;

investigation and enforcement.

* * * * *

17. Section 0.182 is revised to read as follows:

Sec. 0.182 Chief, Enforcement Bureau.

(a) Recommends national emergency plans and preparedness programs

covering: Provision of service by common carriers, broadcasting and

cable facilities, satellite and the wireless radio services; radio

frequency assignment; electro-magnetic radiation; investigation and

enforcement.

(b) Acts as Alternate Defense Coordinator in representations with

other agencies with respect to planning for the continuity of the

essential functions of the Commission under emergency conditions.

(c) Coordinates the FCC's responsibilities under the Interagency

Advisory Group (IAG) of the Federal Emergency Management Agency.

(d) Provides administrative support for the National Advisory

Committee (NAC) on Emergency Alert System (EAS) issues.

(e) Keeps the Defense Commissioner informed as to significant

developments in the field of emergency preparedness and related defense

activities.

(f) Coordinates the FCC's responsibilities under the Federal

Response Plan, Catastrophic Disaster Response Group (CDRG) administered

by the Federal Emergency Management Agency (FEMA).

(g) Serves as the FCC's representative on the National

Communications System's Committees.

(h) Under the general direction of the Defense Commissioner

coordinates the

[[Page 60721]]

National Security and Emergency Preparedness (NSEP) activities of the

Commission including Continuity of Government Planning, the Emergency

Alert System (EAS) and other functions as may be delegated during a

national emergency or activation of the President's war emergency

powers as specified in section 706 of the Communications Act. Maintains

liaison with FCC Bureaus/Offices, represents the Defense Commissioner

with other Government agencies and organizations, the

telecommunications industry and FCC licensees on NSEP matters; and, as

requested, represents the Commission at NSEP meetings and conferences.

(i) Is authorized to declare that a temporary state of

communications emergency exists pursuant to Sec. 97.401(c) of this

chapter and to act on behalf of the Commission with respect to the

operation of amateur stations during such temporary state of

communications emergency.

Sec. 0.183 [Removed]

18. Remove Sec. 0.183.

Sec. 0.185 [Amended]

19. In Sec. 0.185(a), (b) and the introductory text, remove the

words ``Chief, Compliance and Information Bureau'' and add, in their

place, the words ``Chief, Enforcement Bureau.''

20. Section 0.261 is amended by revising paragraph (a)(15) to read

as follows:

Sec. 0.261 Authority delegated.

(a) * * *

(15) To interpret and enforce rules and regulations pertaining to

matters under its jurisdiction and not within the jurisdiction of the

Enforcement Bureau.

* * * * *

21. Section 0.284 is amended by revising paragraphs (a)(1) and

(a)(4) to read as follows:

Sec. 0.284 Actions taken under delegated authority.

(a) * * *

(1) Complaints arising under section 315 of the Communications

Act--Office of General Counsel.

* * * * *

(4) Matters involving emergency communications, including the

issuance of Emergency Alert System Authorizations (FCC Form 392)--

Enforcement Bureau.

* * * * *

22. Section 0.285 is revised to read as follows:

Sec. 0.285 Record of actions taken.

The history card, the station file, and other appropriate files are

designated to be the official records of action taken by the Chief of

the Mass Media Bureau. The official records of action are maintained in

the Reference Information Center in the Consumer Information Bureau.

23. Section 0.302 is revised to read as follows:

Sec. 0.302 Record of actions taken.

The application and authorization files are designated as the

Commission's official records of action of the Chief, Common Carrier

Bureau pursuant to authority delegated to the Chief. The official

records of action are maintained in the Reference Information Center in

the Consumer Information Bureau.

24. The undesignated centerheading immediately preceding Sec. 0.311

is revised to read as follows:

Enforcement Bureau

25. Section 0.311 is revised to read as follows:

Sec. 0.311 Authority delegated.

The Chief, Enforcement Bureau, is delegated authority to perform

all functions of the Bureau, described in Sec. 0.111, provided that:

(a) The following matters shall be referred to the Commission en

banc for disposition:

(1) Notices of proposed rulemaking and of inquiry and final orders

in such proceedings.

(2) Applications for review of actions taken pursuant to delegated

authority.

(3) Matters that present novel questions of law, fact or policy

that cannot be resolved under existing precedents and guidelines.

(4) Forfeiture notices and forfeiture orders if the amount is more

than $100,000 in the case of common carriers or more than $25,000 in

the case of all other persons or entities.

(5) Orders concluding an investigation under section 208(b) of the

Communications Act and orders addressing petitions for reconsideration

of such orders.

(b) Action on complaints regarding compliance with section 705(a)

of the Communications Act shall be coordinated with the Office of

General Counsel.

(c) Action on emergency requests for Special Temporary Authority

during non-business hours shall be promptly reported to the responsible

Bureau.

Note to paragraph (c): See also Sec. 0.182 of this chapter.

26. Section 0.314 is revised to read as follows:

Sec. 0.314 Additional authority delegated.

The Regional Director, Deputy Regional Director, District Director

or Resident Agent at each installation is delegated authority to act

upon applications, requests, or other matters, which are not in hearing

status, and direct the following activities necessary to conduct

investigations or inspections:

(a) On informal requests from broadcast stations to extend

temporary authority for operation without monitors, plate ammeter,

plate volmeter, base current meter, common point meter, and

transmission line meter from FM and television stations.

(b)(1) Extend the Communications Act Safety Radiotelephony

Certificate for a period of up to 90 days beyond the specified

expiration date.

(b)(2) Grant emergency exemption requests, extensions or waivers of

inspection to ships in accordance with applicable provisions of the

Communications Act, the Safety Convention, the Great Lakes Agreement or

the Commission's rules.

(c) To act on and make determinations on behalf of the Commission

regarding requests for assignments and reassignments of priorities

under the Telecommunications Service Priority System, Part 64 of the

rules, when circumstances require immediate action and the common

carrier seeking to provide service states that it cannot contact the

National Communications System or the Commission office normally

responsible for such assignments.

(d) Require special equipment and program tests during inspections

or investigations to determine compliance with technical requirements

specified by the Commission.

(e) Require stations to operate with the pre-sunrise and nighttime

facilities during daytime hours in order that an inspection or

investigation may be made by an authorized Commission representative to

determine operating parameters.

(f) Issuance of notices and orders to operators of industrial,

scientific, and medical (ISM) equipment, as provided in Sec. 18.115 of

this chapter.

(g) Requests for permission to resume operation of ISM equipment on

a temporary basis, as provided by Sec. 18.115 of this chapter, and

requests for extensions of time within which to file final reports, as

provided by Sec. 18.117 of this chapter.

(h) Issuance of notices and orders to operators of Part 15 devices,

as provided in Sec. 15.5 of this chapter.

(i) Issuance of notices and orders to cable operators of harmful

interference to radio communications services involving safety

services, as provided in Sec. 76.613 of this chapter.

[[Page 60722]]

(j) When deemed necessary by the District Director or Resident

Agent of a Commission field facility to assure compliance with the

Rules, a station licensee shall maintain a record of such operating and

maintenance records as may be necessary to resolve conditions of

interference or deficient technical operation.

27. Section 0.317 is revised to read as follows:

Sec. 0.317 Record of action taken.

The application, authorization, and other appropriate files of the

Enforcement Bureau are designated as the Commission's official records

of action taken pursuant to authority delegated under Secs. 0.311 and

0.314, and shall constitute the official Commission minutes entry of

such actions. The official records of action are maintained in the

Reference Information Center in the Consumer Information Bureau.

28. Section 0.332 is amended by removing and reserving paragraph

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

Sec. 0.332 Actions taken under delegated authority.

* * * * *

(b) Requests for waiver of tower painting and lighting

specifications--Enforcement Bureau.

(c) Matters involving emergency communications--Enforcement Bureau.

* * * * *

29. Section 0.347 is revised to read as follows:

Sec. 0.347 Record of actions taken.

The official record of all actions taken by an Administrative Law

Judge, including initial and recommended decisions and actions taken

pursuant to Sec. 0.341, is contained in the original docket folder,

which is maintained in the Reference Information Center of the Consumer

Information Bureau.

30. Section 0.357 is revised to read as follows:

Sec. 0.357 Record of actions taken.

The official record of all actions taken by the Chief

Administrative Law Judge in docketed proceedings pursuant to Sec. 0.351

is contained in the original docket folder, which is maintained by the

Reference Information Center of the Consumer Information Bureau.

31. Add an undesignated center heading and Sec. 0.361 to read as

follows:

Consumer Information Bureau

Sec. 0.361 Authority delegated.

The Chief, Consumer Information Bureau, is delegated authority to

perform all functions of the Bureau, described in Sec. 0.141, provided

that the following matters shall be referred to the Commission en banc

for disposition:

(a) Notices of proposed rulemaking and of inquiry and final orders

in such proceedings.

(b) Application for review of actions taken pursuant to delegated

authority.

(c) Matters that present novel questions of law, fact or policy

that cannot be resolved under existing precedents and guidelines.

32. Section 0.387 is amended by revising paragraph (b) to read as

follows:

Sec. 0.387 Other national security and emergency preparedness

delegations; cross reference.

* * * * *

(b) For authority of the Chief of the Enforcement Bureau to declare

a general communications emergency, see Sec. 0.182(j).

33. Section 0.413 is revised to read as follows:

Sec. 0.413 The Commission's printed publications.

The Commission's printed publications are described in Secs. 0.414

through 0.420. These publications may be purchased from the

Superintendent of Documents, U.S. Government Printing Office,

Washington, DC 20402.

34. Section 0.416 is revised to read as follows:

Sec. 0.416 The Federal Communications Commission Record.

Texts adopted by the Commission or a member of its staff on

delegated authority and released through the Office of Media Relations

are published in the FCC Record. The FCC Record is published biweekly

in pamphlet form. The pamphlets are available on a subscription basis

from the Superintendent of Documents. Each biweekly pamphlet contains a

table of contents and current index. A consolidated index is published

on a periodic basis.

35. Section 0.422 is revised to read as follows:

Sec. 0.422 Current action documents and public notices.

Documents adopted by the Commission, public notices and other

public announcements are released through the Office of Media

Relations. These documents are also available on the Commission's

website at www.fcc.gov/ and can be obtained from the Commission's

duplicating contractor.

36. Section 0.423 is revised to read as follows:

Sec. 0.423 Information bulletins.

Information bulletins and fact sheets containing information about

communications issues and the Federal Communications Commission are

available on the Commission's web site at www.fcc.gov, ftp.fcc.gov or

may be requested from the Consumer Information Bureau, Consumer

Information Network Division.

37. Section 0.431 is revised to read as follows:

Sec. 0.431 The FCC service frequency lists.

Lists of frequency assignments to radio stations authorized by the

Commission are recapitulated periodically by means of an automated

record system. All stations licensed by the Commission are included,

except the following: Aircraft, amateur, personal (except General

Mobile Radio Service), Civil Air Patrol, and disaster. The resulting

documents, the FCC service frequency lists, consist of several volumes

arranged by nature of service, in frequency order, including station

locations, call signs and other technical particulars of each

assignment. These documents are available for public inspection in

Washington, D.C., in the Office of Engineering and Technology. Copies

may be purchased from the Commission's duplicating contractor. See

Sec. 0.465(a).

38. Section 0.434 is revised to read as follows:

Sec. 0.434 Data bases and lists of authorized broadcast stations and

pending broadcast applications.

Periodically the FCC makes available copies of its data bases and

lists containing information about authorized broadcast stations,

pending applications for such stations, and rulemaking proceedings

involving amendments to the TV and FM Table of Allotments. The data

bases, and the lists prepared from the data bases, contain frequencies,

station locations, and other particulars. The lists are available for

public inspection at the FCC's Reference Information Center at 445 12th

Street, SW., Washington, DC. Paper copies of the lists may be purchased

from the FCC's duplicating contractor; see Sec. 0.465(a). Many of the

databases may be viewed at the Commission's web site at www.fcc.gov.

and ftp.fcc.gov under mass media services. Microfiche copies of these

lists are maintained by the Reference Information Center. These lists

are derived from the data bases and can be used as an alternative

research source to the Broadcast Application Processing System (BAPS).

39. Section 0.441 is revised to read as follows:

[[Page 60723]]

Sec. 0.441 General.

Any person desiring to obtain information may do so by contacting

the Consumer Information Bureau. Requests for information, general

inquiries, and complaints may be submitted by:

(a) Internet at www.fcc.gov/CIB/FCCINFO or ftp.fcc.gov/CIB/FCCINFO.

(b) Telephone at 1-(888) CALLFCC (1-888-225-5322).

(c) TDD/TDY at (202) 418-0484.

(d) Correspondence at: Consumer Information Bureau, P.O. Box FCC,

445 12th Street, SW., Washington, DC 20554.

(e) Visiting the Reference Information Center of the Consumer

Information Bureau at the Commission's main office in Washington, DC.

Sec. 0.443 [Removed]

40. Remove Sec. 0.443.

41. Section 0.445 is amended by revising paragraphs (b), (c) and

(g) to read as follows:

Sec. 0.445 Publication, availability and use of opinions, orders,

policy statements, interpretations, administrative manuals, and staff

instructions.

* * * * *

(b) Texts adopted by the Commission or a member of its staff on

delegated authority and released through the Office of Media Relations

are published in the FCC Record. Older materials of this nature are

available in the FCC Reports. In the event that such older materials

are not published in the FCC Reports, reference should be made to the

Federal Register or Pike and Fischer Radio Regulation.

(c) All rulemaking documents are published in the Federal Register.

Summaries of the full Notices of proposed rule making and other rule

making decisions adopted by the Commission constitute rulemaking

documents for purposes of Federal Register publication. See

Sec. 1.412(a)(1). The complete text of the Commission decision also is

released by the Commission and is available for inspection and copying

during normal business hours in the Office of Media Relations or as

otherwise specified in the rulemaking document published in the Federal

Register. Docketed matters are available to the public via the

Electronic Comment Filing System maintained in the Reference

Information Center at 445 12th Street, Washington, DC. The complete

texts of rulemaking decisions may also be purchased from the

Commission's duplicating contractor.

* * * * *

(g) The FCC Administrative Manual (excepting Part IX, concerning

Civil Defense, which contains materials classified under E.O. 10501) is

available for inspection in the Office of the Managing Director. The

Manual is not indexed but is organized by subject, with tables of

contents, and the materials contained therein can be located without

difficulty.

* * * * *

42. Section 0.453 is amended by revising paragraphs (a), (b), (d),

(e) and (f) to read as follows:

Sec. 0.453 Public reference rooms.

* * * * *

(a) The Reference Information Center of the Consumer Information

Bureau. (1) Files containing the record of all docketed cases,

petitions for rule making and related papers. A file is maintained for

each docketed hearing case and for each docket rule making proceeding.

Cards summarizing the history of such cases are available for

inspection.

(2) Files, documents, and records related to the following

services:

(i) Mass Media Services.

(A) Applications for broadcast authorizations and related files are

available for public inspection Certain broadcast applications, reports

and records are also available for inspection in the community in which

the station is located or is proposed to be located. See Secs. 73.3526

and 73.3527 of this chapter.

(B) Ownership reports filed by licensees of broadcast stations

pursuant to Sec. 73.3615.

(C) Network affiliation contracts between stations and networks

(for television stations only).

(D) Contracts relating to network service to broadcast licensees

filed on or after the 1st day of May 1969 under Sec. 73.3613.

(E) Annual employment reports filed by licensees and permittees of

broadcast stations pursuant to Sec. 73.3612 of this chapter.

(F) Contract files which contain pledges, trust agreements, options

to purchase stock agreements, partnership agreements, management

consultant agreements, and mortgage or loan agreements.

(G) broadcast applications and related files.

(H) FM Translator applications and related files.

(I) Station files containing Notice of Apparent Liability and

Memorandum of Opinion and Order and related files.

(J) Network correspondence files and related materials.

(ii) Common Carrier Services, including:

(A) Annual reports filed by carriers under Sec. 43.21 of this

chapter.

(B) Reports on pensions and benefits filed by carriers under

Sec. 43.42 of this chapter.

(C) Reports of proposed changes in depreciation rates filed by

carriers under Sec. 43.43 of this chapter.

(D) Tariff schedules for all charges for interstate and foreign

wire or radio communications filed pursuant to section 203 of the

Communications Act, all related documents and communications.

(E) All applications for common carrier authorizations acted upon

by the Common Carrier Bureau, and related files.

(F) All formal and informal complaints against common carriers

filed under Secs. 1.711 through 1.735 of this chapter, all documents

filed in connection therewith, and all communications related thereto.

(G) Annual employment reports filed by common carrier licensees or

permittees pursuant to Sec. 1.815 of this chapter.

(H) Enforcement proceedings and public inquiries and related

materials.

(I) Files containing contracts between carriers and affiliates,

accounts and subaccounts, pension filings, property records,

disposition units, and depreciation rate filings.

(J) Cost Allocation Manuals and related materials.

(K) Section 214 applications and related files, to the extent that

they concern domestic communications facilities and services.

(L) Files containing reports required by FCC Rules and Regulations,

annual reports to stockholders, administrative reports, monthly bypass

reports and related materials.

(M) Files containing reference material from major telephone

companies.

(N) Files containing Local Exchange Rates and related files.

(O) Currently effective tariffs filed by Communications Common

Carriers pursuant to various FCC Rules and Regulations.

(P) Recent revisions to tariff filings and the Reference

Information Center Log which is prepared daily and lists the tariff

filings received the previous day.

(iii) Wireless Telecommunications Services and Auction related data

including:

(A) Station files containing a complete history of data submitted

by the applicant that has been approved by the Commission which

includes background material.

(B) Pending files containing applications for additional facilities

or modifications of existing facilities.

(C) Cellular and Paging Granted Station files and related

materials.

[[Page 60724]]

(D) Pending cellular and paging applications and related files.

(E) Electronically stored application and licensing data for

commercial radio operators and for all authorizations in the Wireless

Radio services are available for public inspection via the Commission's

wide area network. Wireless Radio services include Commercial and

Private Mobile Radio, Common Carrier and Private Operational Field

point-to-point Microwave, Local Television Transmission Service (LTTS),

Digital Electronic Message Service (DEMS), Aviation Ground and Marine

Coast applications. Some of these services are available electronically

now and most will be available on electronically within 90 days of the

implementation of the Universal Licensing System (ULS).

(F) Petitions and related materials.

(iv) International Services, except to the extent they are excluded

from routine public inspection under another section of this chapter:

(A) Satellite and earth station applications files and related

materials under parts 25 and 100 of this chapter;

(B) Section 214 applications and related files under part 63 of

this chapter, to the extent that they concern international

communications facilities and services;

(C) International Fixed Public Radio applications and related files

under part 23 of this chapter;

(D) Files relating to submarine cable landing licenses and

applications for such licenses since June 30, 1934, except for maps

showing the exact location of submarine cables, which are withheld from

inspection under section 4(j) of the Communications Act (see

Sec. 0.457(c)(1)(i));

(E) Documents relating to INTELSAT or INMARSAT;

(F) International broadcast applications, applications for

permission to deliver programming to foreign stations, and related

files under part 73 of this chapter;

(v) Cable services. The following files and documents are

available, including:

(A) All complaints regarding cable programming rates, all documents

filed in connection therewith, and all communications related thereto,

unless the cable operator has submitted a request pursuant to

Sec. 0.459 that such information not be made routinely available for

public inspection.

(B) Special relief petitions and files pertaining to cable

television operations.

(C) Cable television system reports filed by operators pursuant to

Sec. 76.403 of this chapter.

(D) Annual employment reports filed by cable television systems

pursuant to Sec. 76.77 of this chapter.

(E) Files and documents related to Cable Television Relay Service

(CARS)

(b) Gettysburg Reference Office of the Reference Information

Center. Station files containing applications and related materials for

Remote Pickup, Aural STL/ICR, TV Auxiliary, and Low Power Auxiliary

Stations in the mass media services. Files regarding Wireless Services

are also available up to 90 days after the implementation of the

Universal Licensing System (ULS) at which time they become

electronically available.

* * * * *

(d) The Office of Engineering and Technology, FCC Laboratory

Reference Room. The following documents, files and records are

available for inspection at this location. Files containing approved

applications for Equipment Authorization and related materials are

available for review. These files are available in the Commission's

Laboratory in Columbia, Maryland.

(e) The International Bureau. The International Bureau maintains

international settlement agreements and contracts and international

cable agreements.

(f) The Cable Bureau. The Cable Bureau maintains all cable operator

requests for approval of existing or increased cable television rates

for basic service and associated equipment over which the Commission

had assumed jurisdiction, all documents filed in connection therewith,

and all communications related thereto, unless the cable operator has

submitted a request pursuant to Sec. 0.459 that such information not be

made routinely available for public inspection.

* * * * *

43. Section 0.455 is revised to read as follows:

Sec. 0.455 Other locations at which records may be inspected.

Except as provided in Secs. 0.453, 0.457, and 0.459, records are

routinely available for inspection in the Reference Information Center

or the offices of the Bureau or Office which exercises responsibility

over the matters to which those records pertain (see Sec. 0.5), or will

be made available for inspection at those offices upon request. Many of

these records may be retrieved from the Commission's site on the World

Wide Web, located at http://www.fcc.gov>. Upon inquiry to the

appropriate Bureau or Office, persons desiring to inspect such records

will be directed to the specific location at which the particular

records may be inspected. A list of Bureaus and Offices and examples of

the records available at each is set out below.

(a) Mass Media Bureau. (1) Rulings under the Fairness Doctrine and

section 315 of the Communications Act, and related materials.

(2) Ruling lists which contain brief summaries of rulings.

(3) Congressional correspondence and related materials.

(b) Common Carrier Bureau. (1) Reports of public coast station

operators filed under Sec. 43.71 of this chapter.

(2) Valuation reports filed under section 213 of the Communications

Act, including exhibits filed in connection therewith, unless otherwise

ordered by the Commission, with reasons therefor, pursuant to section

213(f) of the Communications Act. See Sec. 0.457(c)(2).

(3) Computer II files and related materials.

(c) Office of Managing Director. (1) All minutes of Commission

actions, containing a record of all final votes, minutes of actions and

internal management matters as provided in Sec. 0.457(b)(1) and

(c)(1)(i). These records and files are available for inspection in the

Agenda Branch.

(2) Files containing information concerning the history of the

Commission's rules. These files are available for inspection in the

Publications Branch.

(3) See Sec. 0.443.

(4) Reports filed pursuant to subpart E of part 19 of this chapter

and applications for inspection of such reports. See Sec. 0.460(k).

(d) Cable Services Bureau. Correspondence and other actions and

decisions relating to cable television services that are not filed in

the FCC Reference Information Center, e.g. rate regulation files and

related documents.

(e) Office of Engineering and Technology which includes the

Bureau's Technical Library containing technical reports, technical

journals, and bulletins of spectrum management and related technical

materials. Also files containing approved applications for Equipment

Authorization (Type accepted, certified and notified) and related

materials are available for review. These files are available in the

Commission's Laboratory in Columbia, Maryland.

(1) Experimental application and license files.

(2) The Master Frequency Records.

(3) Applications for Equipment Authorization (type accepted, type

approval, certification, or advance approval of subscription television

systems), following the effective date of the authorization. See

Sec. 0.457(d)(1)(ii).

[[Page 60725]]

(Application files, technical journals and other technical materials

are maintained at the Commission's Laboratory at Columbia, Maryland.)

(f) Wireless Telecommunications Bureau. See Sec. 0.453(o) of this

chapter.

(g) International Bureau. The treaties and other international and

bilateral agreements listed in Sec. 73.1650 of this chapter are

available for inspection in the office of the Chief, Planning and

Negotiations Division, International Bureau. Also contracts and other

arrangements filed under Sec. 43.51 and reports of negotiations

regarding foreign communication matters filed under Sec. 43.52 of this

chapter, except for those kept confidential by the Commission pursuant

to section 412 of the Communications Act. See Sec. 0.457(c)(3). Also

files relating to international settlements under part 64 of this

chapter.

44. Section 0.465 is amended by revising the notes to paragraphs

(a) and (b), revising paragraphs (c)(1), (d)(1) and (d)(3) and removing

paragraph (d)(4) to read as follows:

Sec. 0.465 Request for copies of materials which are available, or

made available, for public inspection.

(a) * * *

Note to paragraph (a): The name, address, telephone number, and

schedule of fees for the current duplication contractor are

published at the time of contract award or renewal in a Public

Notice and periodically thereafter. Questions regarding this

information should be directed to the Reference Information Division

of the Consumer Information Bureau.

(b) * * *

Note to paragraph (b): The name, address, telephone number, and

schedule of fees for the current transcription contractor are

maintained by the Office of the Secretary in the Managing Director's

Office.

(c)(1) Contractual arrangements which have been entered into with

commercial firms, as described in this section, do not in any way limit

the right of the public to inspect Commission records or to extract

therefrom whatever information may be desired. Coin-operated and debit

card copy machines are available for use by the public.

* * * * *

(d)(1) Computer maintained data bases produced by the Commission

may be obtained from the FCC's internet web site at www.fcc.gov.

* * * * *

(d)(3) Copies of computer source programs and associated

documentation produced by the Commission shall be obtained from the

Office of the Managing Director.

* * * * *

PART 1--PRACTICE AND PROCEDURE

45. 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, 225, and 303(r).

46. Section 1.4 is amended by revising paragraph (b)(2) to read as

follows:

Sec. 1.4 Computation of time.

* * * * *

(b)(2) For non-rulemaking documents released by the Commission or

staff, whether or not published in the Federal Register, the release

date. A document is ``released'' by making the full text available in

the Commission's Office of Media Relations. The release date appears on

the face of the document.

* * * * *

Sec. 1.47 [Amended]

47. In Sec. 1.47(h) remove the words ``Formal Complaints and

Investigations Branch of the Common Carrier Bureau'' and add, in their

place, the words ``Chief of the Enforcement Bureau's Market Disputes

Resolution Division''.

48. Section 1.221 is amended by revising paragraphs (b) and (c) to

read as follows:

Sec. 1.221 Notice of hearing; appearances.

* * * * *

(b) The order designating an application for hearing is mailed to

the applicant by the Reference Operations Division of the Consumer

Information Bureau and this order or a summary thereof is published in

the Federal Register. Reasonable notice of hearing will be given to the

parties in all proceedings; and, whenever possible, the Commission will

give at least 60 days notice of comparative hearings.

(c) In order to avail himself of the opportunity to be heard, the

applicant, in person or by his attorney, shall, within 20 days of the

mailing of the notice of designation for hearing by the Reference

Information Division of the Consumer Information Bureau, file with the

Commission, in triplicate, a written appearance stating that he will

appear of the date fixed for hearing and present evidence on the issues

specified in the order. Where an applicant fails to file such a written

appearance within the time specified, or has not filed prior to the

expiration of that time a petition to dismiss without prejudice, or a

petition to accept, for good cause shown, such written appearance

beyond expiration of said 20 days, the application will be dismissed

with prejudice for failure to prosecute.

* * * * *

Sec. 1.720 [Amended]

49. In 47 CFR 1.720, in the introductory paragraph, remove the

words ``Common Carrier Bureau's'' and add, in their place, the words

``Enforcement Bureau's''.

Sec. 1.721 [Amended]

50. In 47 CFR 1.721(b) remove the words ``Common Carrier Bureau''

and add, in their place, the words ``Enforcement Bureau''.

Sec. 1.722 [Amended]

51. In 47 CFR 1.722(d)(1) remove the word ``Bureau'' and add, in

its place, the words ``Enforcement Bureau''.

52. Section 1.730 is amended by revising the section heading and

paragraph (a) to read as follows:

Sec. 1.730 The Enforcement Bureau's Accelerated Docket.

(a) Parties to formal complaint proceedings against common carriers

within the responsibility of the Enforcement Bureau (see Secs. 0.111,

0.311, 0.314 of this chapter) may request inclusion on the Bureau's

Accelerated Docket. As set out in Secs. 1.720 through 1.736,

proceedings on the Accelerated Docket are subject to shorter pleading

deadlines and certain other procedural rules that do not apply to other

formal complaint proceedings before the Enforcement Bureau.

* * * * *

53. In the table below, for each section indicated in the left

column, remove the title indicated in the middle column from wherever

it appears in the section, and add the title indicated in the right

column:

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

Section Remove Add

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

1.730(b), (c) and (d)....... Chief of the Common Chief of the

Carrier Bureau's Enforcement

Enforcement Bureau's Market

Division. Disputes Resolution

Division.

1.730(h).................... Office of Public Office of Media

Affairs. Relations.

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

[[Page 60726]]

54. Section 1.735 is amended by revising paragraph (b) to read as

follows:

Sec. 1.735 Copies; service; separate filings against multiple

defendants.

* * * * *

(b) The complainant shall file an original copy of the complaint,

accompanied by the correct fee, in accordance with part I, subpart G

(see Sec. 1.1105(1)(c) and (d)) and, on the same day:

(1) File three copies of the complaint with the Office of the

Commission Secretary;

(2) Serve two copies on the Market Disputes Resolution Division,

Enforcement Bureau;

(3) If the complaint is filed against a carrier concerning matters

within the responsibility of the International Bureau (see Sec. 0.261

of this chapter), serve a copy on the Chief, Telecommunications

Division, International Bureau; and

(4) If a complaint is addressed against multiple defendants, pay a

separate fee, in accordance with part I, subpart G (see

Sec. 1.1105(1)(c) and (d)), and file three copies of the complaint with

the Office of the Commission Secretary for each additional defendant.

* * * * *

55. Section 1.4000 is amended by revising paragraph (g) to read as

follows:

Sec. 1.4000 Restrictions impairing reception of television broadcast

signals, direct broadcast satellite services or multichannel multipoint

distribution services.

* * * * *

(g) All allegations of fact contained in petitions and related

pleadings before the Commission must be supported by affidavit of a

person or persons with actual knowledge thereof. An original and two

copies of all petitions and pleadings should be addressed to the

Secretary, Federal Communications Commission, 445 12th Street, SW,

Washington, DC 20554. Copies of the petitions and related pleadings

will be available for public inspection in the Reference Information

Center, Consumer Information Bureau, Federal Communications Commission,

445 12th Street, SW, Washington, DC 20554. Copies will be available for

purchase from the Commission's contract copy center, and Commission

decisions will be available on the Internet.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

56. The authority citation for Part 21 continues to read as

follows:

Authority: Secs. 1, 2, 4, 201 through 205, 208, 215, 218, 303,

307, 313, 403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070

through 1073, 1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102;

47 U.S.C. 151, 154, 201 through 205, 208, 215, 218, 303, 307, 313,

314, 403, 404, 602; 47 U.S.C. 552, 554.

57. Section 21.924 is amended by revising paragraph (a) to read as

follows:

Sec. 21.924 Service areas.

(a) MDS service areas are regional Basic Trading Areas (BTAs) which

are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide,

123rd Edition, at pages 38-39. The BTA Map is available for public

inspection at the Reference Information Center, Consumer Information

Bureau, Federal Communications Commission, 445 12th Street, SW,

Washington, DC 20554.

* * * * *

PART 27--WIRELESS COMMUNICATIONS SERVICE

58. The authority citation for Part 27 continues to read as

follows:

Authority: 47 U.S.C 154, 301, 302, 303, 307, 309 and 332, unless

otherwise noted.

59. Section 27.6 is amended by revising the introductory paragraph

to read as follows:

Sec. 27.6 Service areas.

WCS service areas are Major Economic Areas (MEAs) and Regional

Economic Area Groupings (REAGs) as defined below. Both MEAs and REAGs

are based on the U.S. Department of Commerce's 172 Economic Areas

(EAs). See 60 FR 13114 (March 10, 1995). In addition, the Commission

shall separately license Guam and the Northern Mariana Islands, Puerto

Rico and the United States Virgin Islands, American Samoa, and the Gulf

of Mexico, which have been assigned Commission-created EA numbers 173-

176, respectively. Maps of the EAs, MEAs, and REAGs and the Federal

Register Notice that established the 172 EAs are available for public

inspection and copying at the Reference Information Center, Consumer

Information Bureau, Federal Communications Commission, 445 12th Street,

SW., Washington, DC 20554.

* * * * *

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

60. The authority citation for part 68 continues to read as

follows:

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

61. Section 68.317 is amended by revising paragraph (g) as follows:

Sec. 68.317 Hearing aid compatibility volume control: technical

standards.

* * * * *

(g) These incorporations by reference of paragraph 4.1.2 (including

table 4.4) of American National Standards Institute (ANSI) Standard

ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were

approved by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be

purchased from the American National Standards Institute (ANSI), Sales

Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212)

642-4900. Copies also may be inspected during normal business hours at

the following locations: Consumer Information Bureau, Reference

Information Center, Federal Communications Commission, 445 12th Street,

SW, Washington, DC 20554; and Office of the Federal Register, 800 N.

Capitol Street, NW., Suite 700, Washington, DC.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

62. The authority citation for Part 90 continues to read as

follows:

Authority: Secs. 4, 251 through 252, 303, 309, and 332, 48 Stat.

1066, 1082, as amended; 47 U.S.C. 154, 251 through 252, 303, 309 and

332, unless otherwise noted.

63. Section 90.7 is amended by revising the definition of ``MTA-

based license or MTA license'' to read as follows:

Sec. 90.7 Definitions.

* * * * *

MTA-based license or MTA license. A license authorizing the right

to use a specified block of SMR spectrum within one of the 51 Major

Trading Areas (``MTAs''), as embodied in Rand McNally's Trading Area

System MTA Diskette and geographically represented in the map contained

in Rand McNally's Commercial Atlas & Marketing Guide (the ``MTA Map.'')

The MTA Listings, the MTA Map and the Rand McNally/AMTA license

agreement are available for public inspection at the Reference

Information Center in the Consumer Information Bureau.

* * * * *

[FR Doc. 99-28984 Filed 11-5-99; 8:45 am]

BILLING CODE 6712-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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