II. FEDERAL COMMUNICATIONS COMMISSION FEDERAL COMMUNICATIONS COMMISSION, Hon. EDWARD V. LONG, U.S. Senate, Washington, D.C. (Attention: Mr. Benny L. Kass). Dear SENATOR LONG: In accordance with your request of January 30, 1968, I am submitting herewith the following information: 1. Information, records, and other documents which are routinely available for public inspection are listed in sections 0.453 and 0.455 of the enclosed copy of the FCC rules. 2. Information, records, or other documents which the FCC has not made available since the enactment of the Freedom of Information Act are as follows: (a) Investigative files concerning broadcast stations: Section 0.457(g) of the FCC rules as amended July 26, 1967 (FCC 67-873). (b) Network affiliation contracts: Section 0.457 (d) of the FCC rules. (c) Financial information: Section 0.457 (d) (1) (i) of the FCC rules. 3. Enclosed are two copies each of the FCC Rules and Regulations and amendments implementing the Public Information Act. IN THE MATTER OF AMENDMENT OF PART 0, RULES AND REGULATIONS, TO IMPLEMENT P.L. 89-487 ORDER (Adopted July 13, 1967; Released July 18, 1967) By the Commission: Commissioners Bartley, Cox and Loevinger absent. 1. Rules implementing the Public Information Act of 1966 (P. L. 89-487, July 4, 1966) are set forth in the attached Appendix. A substantial effort has been made in devising substantive criteria and procedures to achieve full compliance with both the letter and spirit of that law. The question of fees to cover the cost of locating and producing records for inspection is under consideration and will be dealt with at a subsequent time. In administering these provisions, we will take into account that: This law was initiated by Congress and signed by the President with several key concerns: that disclosure be the general rule, not the exception; that all individuals have equal rights of access; that the burden be on the Government to justify the withholding of a document, not on the person who requests it; that individuals improperly denied access to documents have a right to seek injunctive relief in the courts; that there be a change in Government policy and attitude.1 2. The Commission will welcome comment on any provision of these rules. The Commission intends to review the operation of the rules during the next six months and to make such changes as are shown to be desirable upon the basis of our experience with them and the comments and views of all interested persons. 3. Authority for the amendments adopted herein is contained in sections 4(i) 4(j) and 303 (r) of the Communications Act of 1934, as amended, and P.L. 89-487, Because these amendments pertain to matters of procedure and internal organization, and because their issuance is required by P.L. 89-487, compliance with the notice and effective date provisions of section 4 of the Administrative Procedure Act is neither necessary nor desirable in the public interest. 1 Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, June 1967, at pp. III-IV. 92-089-GS5 4. In view of the foregoing, it is ordered, effective July 18, 1967. That Part 0 of the Rules and Regulations is amended as set forth in the Appendix hereto. FEDERAL COMMUNICATIONS COMMISSION. BEN F. WAPLE, Secretary. Attachment: NOTE. Rules changes herein will be covered by T.S. I(63)–17. APPENDIX I. In Part 0 of Chapter I of Title 47 of the Code of Federal Regulations, Subpart A is amnded as follows: 1. Section 0.1 is revised to read as follows: 8 0.1 The Commission The Federal Communications Commission is composed of 7 members, who are appointed by the President subject to confirmation by the Senate. Normally, one Commissioner is appointed or reappointed each year, for a term of 7 years. 2. Section 0.3 is revised to read as follows: $ 0.3 The Chairman (a) One of the members of the Commission is designated by the President to serve as Chairman, or chief executive officer, of the Commission. As Chairman, he has the following duties and responsibilities: (1) To preside at all meetings and sessions of the Commission. (2) To represent the Commission in all matters relating to legislation and legislative reports; however, any other Commissioner may present his own or minority views or supplemental reports. (3) To represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies. (4) To coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. (b) The Commission will, in the case of a vacancy in the Office of the Chairman of the Commission, or in the absence or inability of the Chairman to serve, temporarily designate one of its members to act as Chairman until the cause or circumstance requiring such designation has been eliminated or corrected. 3. Section 0.4 is added to read as follows: 8 0.4 Standing committees of Commissioners There are 3 standing committees of Commissioners: the Telegraph Committee, the Telephone Committee, and the Subscription Television Committee, each composed of 3 Commissioners. These committees are delegated authority to act or study and report on certain telegraph, telephone and subscription television matters from time to time. 4. Section 0.5 is revised to read as follows: § 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 Executive Director. (2) Office of Chief Engineer. (3) Office of General Counsel. (5) Common Carrier Bureau. (6) Safety and Special Radio Services Bureau. (7) Field Engineering Bureau. (8) Office of Hearing Examiners. (9) Review Board. (10) Office of Opinions and Review. (11) Office of the Secretary. (12) Office of Reports and Information. (13) CATV Task Force. (b) Staff responsibilities and functions.-The organization and functions of these major staff units are described in detail in §§ 0.11-0.171. The defense and emergency preparedness functions of the Commission are set forth separately, beginning at § 0.181. For a complete description of staff functions, reference should be made to these provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission's organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) So that the public may more readily inform itself concerning the operations of the Commission as a whole, concerning the staff officials who exercise responsibility over matters in which they are interested and concerning the relationship between the several staff units in such matters, however, a brief overall description of staff functions and responbilities is set forth in this paragraph. (1) The Executive Director.-The Executive Director is directly responsible to the Commission, works under the supervision of the Chairman, and assists him in carrying out the Commission's organizational and administrative responsibilities. His principal role is to see that other staff units work together and promptly dispose of the matters for which they are responsible. He is directly responsible for internal administrative matters such as personnel and budget planning, and supervises implementation of the Public Information Act of 1966. (2) The Chief Engineer and the General Counsel.-Though primary responsibility in most established areas of regulation is lodged in other staff units, the Chief Engineer and the General Counsel are responsible for advising the Commission concerning any engineering or legal matter involved in the making and implementation of policy or in the decision of cases. For example, while policies relating solely to broadcasting are primarily the responsibility of the Broadcast Bureau, and the preparation of Commission opinions in hearing cases is primarily the responsibility of the Office of Opinions and Review, the Chief Engineer and the General Counsel may be called upon for advice and assistance in either area. The Chief Engineer and the General Counsel, in addition, exercise primary responsibility in areas of regulation which transcend the responsibilities of a single bureau. Thus, for example, the General Counsel is primarily responsible for the Rules of Practice and Procedure, Part 1 of this chapter, and the Chief Engineer is primarily responsible for frequency allocation and for other areas of regulation under Parts 2, 5, and 15. The General Counsel also represents the Commission in litigation in the courts and coordinates the preparation of the Commission's legislative program. Both the Chief Engineer and the General Counsel exercise responsibility in matters pertaining to international communications. (3) The operating bureaus.-The principal work load operations of the Commission are conducted by the 4 operating bureaus. (i) Three of these bureaus-The Broadcast Bureau, Common Carrier Bureau, and Safety and Special Radio Services Bureau-exercise primary responsibility in the three principal areas of regulation into which the Commission has divided its responsibilities. The Broadcast Bureau, as its name indicates, is responsible for the regulation of broadcast stations (see Part 73 of this chapter) and related facilities (see Part 74). The Common Carrier Bureau is responsible for the regulation of communications common carriers, whether carriage involves the use of wire or radio facilities (see Parts 21-66). The Safety and Special Radio Services Bureau is responsible for the regulation of all other radio stations with minor exceptions (e.g., experimental stations licensed under Part 5). These include amateur stations and numerous other categories of stations engaged in communication for safety, commercial or personal purposes (see Parts 81-99). Within its area of responsibility, each of these bureaus is responsible for developing and implementing a regulatory program; for processing applications for radio licenses or other filings; for the consideration of complaints and the conduct of investigations; for participation in Commission hearing proceedings as appropriate; and for the performance of such other functions as may be related to its area of responsibility. (ii) The fourth operating bureau-the Field Engineering Bureau-maintains field offices and monitoring stations throughout the United States. It is responsible for detecting violations of regulations pertaining to the use of radio and, in this connection, monitors radio transmissions, periodically inspects stations, and investigates complaints of radio frequency interference. It issues violation notices to the station in question, thereby affording it an opportunity to take corrective measures. If formal enforcement action is appropriate, the proceedings are conducted by the staff unit which exercises primary responsibility over the station in question-usually one of the other operating bureaus. The Field Engineering Bureau, in addition, exercises responsibility over commercial radio operator matters (see Part 13 of this chapter), antenna structures (see Part 17), and the use of radio for purposes other than communication (see Part 18). It also conducts amateur operator examinations. (4) Staff units which exercise responsibility for the decision of hearing cases. The Office of Hearing Examiners, the Review Board, and the Office of Opinions and Review exercise responsibility for the decision of hearing cases. The hearing examiners preside over hearing cases and issue initial decisions. In most cases, initial decisions are subject to review by the Review Board, which is a permanent body composed or 3 or more senior Commission employees. Initial decisions may also be reviewed by one or more Commissioners designated by the Commission. In such cases, the Board or designated Commissioner (s) issues a final decision, which is subject to possible review by the Commission. In other cases, the initial decision is reviewed directly by the Commission en banc. The Office of Opinions and Review assists and advises the Commission, and any Commissioner (s) designated to review an initial decision, in the decision of cases which come before them. (5) The Secretary. The Secretary signs Commission correspondence and documents. He is custodian of the Commission's seal and records. He maintains minutes and records of Commission actions and the dockets of hearing proceedings, and is responsible for their accuracy, authenticity and completeness. Except as otherwise provided in this chapter (see $0.401), he is the proper addressee and recipient of papers mailed to or filed with the Commission. (6) Office of Reports and Information.-The Office of Reports and Information is responsible for informing the public concerning actions which have been taken by the Commission and is the contact point for the press, the industry and the public in the matter of general information relating to the Commission and its activities. (7) The CATV Task Force.-The CATV Task Force is responsible for the development and implementation of a regulatory program for community antenna television systems and community antenna relay stations (see Subparts J and K of Part 74 of this chapter). The licensing of related microwave radio facilities is coordinated with the Task Force by the Common Carrier Bureau and the Safety and Special Radio Services Bureau. (c) Delegations of authority to the staff.-Pursuant to section 5(d) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See Subpart B of this Part. Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that he will exercise that authority in all matters subject to the delegation. In non-hearing matters, the staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's consideration, and the Commission may instruct the staff to do so. In like manner, in hearing cases, pursuant to § 0.361 (b) and (c), the Commission may direct that matters pending before the Review Board be certified to the Commission for decision, and the Board may itself certify such matters to the Commission, with a request that they be acted upon by the Commission. (d) Commission action.-Matter requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular weekly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings "by circulation", which involves the submission of a document to each of the Commissioners for his approval. II. In Part O of Chapter I of Title 47 of the Code of Federal Regulations, Subpart C is amended as follows: 1. The Title of the Subpart is revised to read as follows: SUBPART C-GENERAL INFORMATION 2. In 8 0.401, the portion of paragraph (a) preceding subparagraph (1) is revised to read as follows: $0.40 Location of Commission offices (a) The main offices of the Commission are located in the New Post Office Building, 13th Street and Pennsylvania Avenue NW., Washington, D.C., and in the 521 Building, 521 12th Street NW., Washington, D.C. 3. Sections 0.403-0.431 are revoked and §§ 0.403-0.475 are added in lieu thereof, with appropriate undesignated center headings, to read as follows: $0.403 Office hours The offices of the Commission are open from 8:30 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. $ 0.405 Statutory provisions The following statutory provisions, among others, will be of interest to persons having business with the Commission: (a) The Federal Communications Commission was created by the Communications Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151-609. (b) The Commission exercises authority under the Submarine Cable Landing Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34–39. See Section 5 of Executive Order 10530, 19 F.R. 2709, May 10, 1954, as amended, 3 CFR 1965 ed., p. 463. (c) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744. (d) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001-1011. Pursuant to P.L. 89-554, September 6, 1966, 80 Stat. 378, the provisions of the Administrative Procedure Act now appear as follows in the Code: Persons having business with the Commission should familiarize themselves with those portions of its Rules and Regulations pertinent to such business. All of the rules have been published and are readily available. See §§ 0.411(b), 0.412, and 0.415. For the benefit of those who are not familiar with the rules, there is set forth in this section a brief description of their format and contents. (a) Format.-The rules are set forth in the Code of Federal Regulations as Chapter I of Title 47. Chapter I is divided into parts numbered from 0-99. Each part, in turn, is divided into numbered sections. To allow for the addition of new parts and sections in logical sequence, without extensive renumbering, parts and sections are not always numbered consecutively. Thus, for example, Part 2 is followed by Part 5, and § 1.8 is followed by $ 1.10; in this case, Parts 3 and 4 and § 1.9 have been reserved for future use. In numbering sections, the number before the period is the part number; and the number after the period locates the section within that part. Thus, for example, §1.1 is the first section of Part 1 and § 5.1 is the first section in Part 5. Except in the case of accounting regulations (Parts 31-35), the period should not be read as a decimal point; thus, § 1.511 is not located between § 1.51 and § 1.52 but at a much later point in the rules. In citing the Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is to section 5.1 (in Part 5) of Chapter I of Title 47 of the Code, and permits the exact location of that rule. No citation to other rule units (e.g., subpart or chapter) is needed. (b) Contents.-Parts 0-19 of the rules have been reserved for provisions of a general nature. Parts 20-69 have been reserved for provisions pertaining to common carriers. Parts 70-79 have been reserved for provisions pertaining to broadcasting. Parts 80-99 have been reserved for provisions pertaining to the Safety and Special Radio Services. In the rules pertaining to common carriers, Parts 21, 23 and 25 pertain to the use of radio; Parts 31-66 pertain primarily to telephone and telegraph companies. In the rules pertaining to broadcasting, Part 74, Experimental, auxiliary and special broadcast services, also contains provisions for regulation of community antenna television (CATV) systems and community antenna relay (CAR) stations. Persons having business with the Commission will find it useful to consult one or more of the following parts con |