Federal Register - March 4, 2021
Versión en texto ¿Qué es?Dateas es un sitio independiente no afiliado a entidades gubernamentales. La fuente de los documentos PDF aquí publicados es la entidad gubernamental indicada en cada uno de ellos. Las versiones en texto son transcripciones no oficiales que realizamos para facilitar el acceso y la búsqueda de información, pero pueden contener errores o no estar completas.
Fuente: Federal Register
12546
Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Bureaus and Offices do not expressly provide this authority.2
2. To remove this inconsistency, we hereby amend our rules to delegate authority to various Bureaus and Offices to dismiss any Application for Review that does not contain any statement required under 47 CFR 1.115a or b,3
or does not comply with the filing requirements of 47 CFR 1.115d or f.
We conclude that this action will eliminate confusion on this issue for the benefit of parties seeking Commission review of staff actions and parties opposing such challenges. In addition, this action will aid in the expeditious dismissal of procedurally defective Applications for Review. These amendments to the rules will apply to all Applications for Review filed on or after the effective date of the amendments set forth below.
3. We also take this opportunity to correct a typographical error in the rules describing the functions of the Wireline Competition Bureau. As codified, 0.91m specifies that one of the functions of the Wireline Competition Bureau is to carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under 0.331. 4 The reference to 0.331 is an error, as that is the provision of our rules that delegates authority to the Wireless Telecommunications Bureau. Instead the limitation should refer to 0.291 of our rules, which delegates authority to the Wireline Competition Bureau.
4. We hereby amend 0.91 to correct that typographical error. We conclude that this action will eliminate confusion on this issue for the benefit of parties seeking to determine the scope of authority delegated to the Wireline Competition Bureau.
5. Finally, we make a minor correction to 0.392j of the delegated authority rules for the Public Safety and Homeland Security Bureau, which states that the chief of that bureau has authority to administer the 911
communications reliability and redundancy rules and policies contained in part 12 of this chapter.
The reference to part 12 is no longer correct because in 2019, the Commission moved the part 12 rules to part 9 as part of its general consolidation of 911 rules in the Karis 2 See 47 CFR 0.212b3, 0.241a2, 0.283b, 0.291d, 0.311a2, 0.361b, 0.392b.
3 The Bureaus authority extends to those applications where such statements are missing entirely.
4 47 CFR 0.91m.
VerDate Sep<11>2014
18:37 Mar 03, 2021
Jkt 253001
Law/RAY BAUMS Act proceeding.5
Therefore, we amend 0.392j to replace the references to part 12 with part 9.
6. No Notice and Comment Required.
We have determined that the changes we adopt here are rules of agency organization, procedure, or practice, and are therefore exempt from the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C.
553bA.
7. Regulatory Flexibility Act, Paperwork Reduction Act, and Congressional Review Act. Section 603
of the Regulatory Flexibility Act, as amended, 5 U.S.C. 603a, requires a regulatory flexibility analysis in notice and comment rulemaking proceedings.
As we are adopting these rules without notice and comment, no regulatory flexibility analysis is required. This document does not contain any new or modified information collections subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 35013520. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002, 44 U.S.C. 3506c4. The Commission will not send a copy of this Order pursuant to the Congressional Review Act, 5 U.S.C. 801a1A, because the adopted rules are rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties, 5
U.S.C. 8043C.
8. Accordingly, it is ordered that pursuant to sections 4i, 4j, and 5 of the Communications Act of 1934, as amended, 47 U.S.C. 154i, 154j, 155, and 47 CFR 0.201d, this order is hereby adopted and the rules set forth below are hereby amended effective 30
days after publication in the Federal Register.
List of Subjects 47 CFR Part 0
Authority delegations, Organization and functions.
47 CFR Part 1
Administrative practice and procedure, Penalties.
5 Implementing Karis Law and Section 506 of RAY BAUMS Act; Inquiry Concerning 911 Access, Routing, and Location in Enterprise Communications Systems; Amending the Definition of Interconnected VoIP Service in Section 9.3 of the Commissions Rules, Report and Order, 84 FR
66716 Dec. 5, 2019, 34 FCC Rcd 6607 2019. The former part 12 rules are now contained in 47 CFR
part 9.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Federal Communications Commission.
Marlene Dortch, Secretary.
Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 0 and 1 as follows:
PART 0COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
Authority: 47 U.S.C. 151, 154i, 154j, 155, 225, and 409, unless otherwise noted.
2. Amend 0.91 by revising paragraph m to read as follows:
0.91
Functions of the Bureau.
m Carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under 0.291.
3. Amend 0.212 by revising paragraph b3 to read as follows:
0.212
Board of Commissioners.
b
3 Applications for review of actions taken pursuant to delegated authority, except that the Board may dismiss any such application that does not contain any statement required under 1.115a or b of this chapter, or does not comply with the filing requirements of 1.115d or f of this chapter.
4. Amend 0.241 by revising paragraphs a introductory text and a2 to read as follows:
0.241
Authority delegated.
a The performance of functions and activities described in 0.31 is delegated to the Chief of the Office of Engineering and Technology: Provided that the following matters shall be referred to the Commission en banc for disposition:
2 Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Office of Engineering and Technology may dismiss any such application that does not contain any statement required under 1.115a or b of this chapter, or does not comply with the filing requirements of 1.115d or f of this chapter.
E:FRFM04MRR1.SGM
04MRR1