Lapas attēli
PDF
ePub

organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. In the case of a vacancy in the office of the chairman of the Commission, or the absence or inability of the chairman to serve, the Commission may temporarily designate one of its members to act as chairman until the cause or circumstance requiring such designation shall have been eliminated or corrected.

(b) From time to time as the Commission may find necessary, the Commission shall organize its staff into (1) integrated bureaus, to function on the basis of the Commission's principal workload operations, and (2) such other divisional organizations as the Commission may deem necessary. Each such integrated bureau shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.38

(c) 39 (1) When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions (except functions granted to the Commission by this paragraph and by paragraphs (4), (5), and (6) of this subsection) to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect

38 Subsection (b) was amended by Public Law 97-259, approved September 13, 1982, 96 Stat. 1087, 1091, by deleting, "within six months after the enactment of the Communications Act Amendments, 1952, and” at the beginning of the paragraph.

39 This subsection was redesignated (c) from (d) by Public Law 97-259, 96 Stat. 1087, 1091, Sept. 13, 1982, which also changed "three" to "two" in paragraph (c/1).

Former subsection (c) was repealed, and former subsection (d) (now subsection (c)) was amended to read as above by Public Law 87-192, approved August 31, 1961, 75 Stat. 420. They formerly read as follows:

(c) The Commission shall establish a special staff of employees, hereinafter in this Act referred to as the "review staff,which shall consist of such legal, engineering, accounting, and other per. sonnel as the Commission deems necessary

. The review stafi shall be directly responsible to the Commission and shall not be made a part of any bureau or divisional organization of the Commission. Its work shall not be supervised or directed by any employee of the Commission other than a member of the review staff whom the Commission may designate as the head of such staff. The review staff shall perform no duties or functions other than to assist the Commission, in cases of adjudication (as defined in the Administrative Procedure Act) which have been desig. nated for hearing, by preparing a summary of the evidence presented at any such hearing, by preparing, after an initial

decision but prior to oral argument, a compilation of the facts material to the exceptions and replies thereto filed by the parties, and by preparing for the Commission or any member or members thereof, without recommendations and in accordance with specific directions from the Commission or such member or members, memoranda, opinions, decisions, and orders. The Commission shall not permit any employee who is not a member of the review staff to perform the duties and functions which are to be performed by the review staff; but this shall not be construed to limit

the duties and functions which any assistant or secretary appointed pursuant to section 4(f/2) may perform for the commissioner by whom he was appointed.

(dX1) Except as provided in section 409, the Commission may, when necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, by order assign or refer any portion of its work, business, or functions to an individual commissioner or commissioners or to a board composed of one or more employees, of the Commission to be desig. nated by such order for action thereon, and may at any time amend, modify, or rescind any such order of assignment or reference. Any order, decision, or report made, or other action taken, pursuant to any such order of assignment or reference shall

, unless reviewed pursuant to paragraph (2) have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other action of the Commission.

(2) Any person aggrieved by any such order, decision, or report may file an application for review by the Commission within such time and in such form as the Commission shall prescribe, and every such application shall be passed upon by the Commission. If the Commission grants the application, it may affirm, modify, or set aside such order, decision, report, or action, or may order a rehearing upon such order, decision, report, or action under section 405.

(3) The secretary and seal of the Commission shall be the secretary and seal of each individual commissioner or board.

to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in the Administrative Procedure Act), the delegation in any such case may be made only to an employee board consisting of two or more employees referred to in paragraph (8). Any such rule or order may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. Nothing in this paragraph shall authorize the Commission to provide for the conduct, by any person or persons other than persons referred to in clauses (2) and (3) of section 7(a) of the Administrative Procedure Act, of any hearing to which such section 7(a) applies.

(2) As used in this subsection (d) the term "order, decision, report, or action" does not include an initial, tentative, or recommended decision to which exceptions may be filed as provided in section 409(b).

(3) Any order, decision, report, or action made or taken pursuant to any such delegation, unless reviewed as provided in paragraph (4), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission.

(4) Any person aggrieved by any such order, decision, report or action may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1).

(5) In passing upon applications for review, the Commission may grant, in whole or in part, or deny such applications without specifying any reasons therefore. No such application for review shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass.

(6) If the Commission grants the application for review, it may affirm, modify, or set aside the order, decision, report, or action, or it may order a rehearing upon such order, decision, report, or action in accordance with section 405.

(7) The filing of an application for review under this subsection shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1). The time within which a petition for review must be filed in a proceeding to which section 402(a) applies, or within which an appeal must be taken under section 402(b), shall be computed from the date upon which public notice is given of orders

disposing of all applications for review filed in any case. (8) The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in the Administrative Procedure Act) shall be qualified, by reason of their training, experience, and competence, to perform such review functions, and shall perform no duties inconsistent with such review functions. Such employees shall be in a grade classification or salary level commensurate with their important duties, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. In the performance of such review functions such employees shall be assigned to cases in rotation so far as practicable and shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.

(9) The secretary and seal of the Commission shall be the secre tary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection.

(d) 40 Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its work load shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision (1) within three months from the date of filing in all original application, renewal, and transfer cases in which it will not be necessary to hold a hearing, and (2) within six months from the final date of the hearing in all hearing cases. 41

40 This subsection was redesignated (d) from (e) by Public Law 97-259, 96 Stat. 1087, 1091, Sept. 13, 1982.

in Section 5 was amended by the Communications Act Amendments of 1952, Public Law No. 82-554, approved July 16, 1952, 66 Stat. 714. Before 1952, the section read as follows:

DIVISIONS OF THE COMMISSION

Sec. 5. (a) The Commission is hereby authorized by its order to divide the members thereof into not more than three divisions, each to consist of not less than three members. Any commissioner may be assigned to and may serve upon such division or divisions as the Commission may direct, and each division shall choose its own chairman. In case of a vacancy in any division, or of absence or inability to serve thereon of any commissioner thereto assigned, the chairman of the Commission or any commissioner designated by him for that purpose may temporarly serve on said division until the Commission shall otherwise onder.

(6) The Commission may by order direct that any of its work, business, or functions arising under this Act, or under any other Act of Congress, or in respect of any matter which has been or may be referred to the Commission by Congress or by either branch thereof, be assigned or referred to any of said divisions for action thereon and may by order at any time amend modify, supplement, or rescind any such direction All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Commission

(c) In conformity with and subject to the order or orders of the Commission in the premises, each division so constituted shall have power and authority by a majority thereof of hear and determine, order, certify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to it for action by the Commission, and in respect thereof the division shall have all the jurisdiction and powers now or then conferred by law upon the Commission, and be subject to the same duties and obligations. Any order, decision or report made or other action taken by any of said divisions in respect of any matter so assigned or referred to it shall have the same force and effect and may be made evidenced, and enforced in the same manner as if made, or taken by the Commission subject to rehearing by the Commission as provided in section 105 of this Act for rehearing cases decided by the Commission. The secretary and seal of the Commission shall be the secretary and seal of each division thereof.

(d) Nothing in this section contained, or done pursuant thereto, shall be deemed to divest the Commission of any of its powers.

(e) The Commission is hereby authorized by its order to assign or refer any portion of its work, business, or functions arising under this or any other Act of Congress or referred to it by Congress, or either branch thereof, to an individual commissioner, or to a board composed of an employee or employees of the Commission to be designated by such order, for action thereon, and by its order at any time to amend, modify, supplement, or rescind any such assignment or reference:

Continued

[ocr errors]

[e] 40

(f) The Commission shall have a Managing Director who shall be appointed by the Chairman subject to the approval of the Commission. The Managing Director, under the supervision and direction of the Chairman, shall perform such administrative and executive functions as the Chairman shall delegate. The Managing Director shall be paid at a rate equal to the rate then payable for level V of the Executive Schedule. 4 2

(g) The Commission shall submit an annual report to the Congress not later than March 31 of each year. Such report shall

(1) list the specific goals, objectives, and priorities of the Commission which shall be projected over 12-month, 24-month, and 36-month periods;

(2) describe in detail the programs which are, or shall be, established to meet or carry out such goals, objectives, and priorities;

(3) provide an evaluation of actions taken during the preceding year with regard to fulfilling the functions of the Commission; and

(4) contain recommendations for legislative action required to enable the Commission to meet its objectives. 43

AUTHORIZATION OF APPROPRIATIONS SEC. 6. [47 U.S.C. 156] ** There are authorized to be appropriated for the administration of this Act by the Commission

1

Providech, however, That this authority shall not extend to investigations instituted upon the Commission's own motion or, without the consent of the parties, thereto, to contested proceedings involving the taking of testimony at public hearings, or to investigations specifically required by this Act. All such orders shall take effect forthwith and remain in effect until otherwise ordered by the Commission. In case of the absence or inability for any other reason to act of any such individual commissioner or employee designated to serve upon any such board, the chairman of the Commission may designate another commissioner or employee, as the case may be, to serve temporarily until the Commission shall otherwise order. In conformity with and subject to the order or orders of the Commission in the premises, any such individual commissioner, or board acting by a majority thereof, shall have power and authority to hear and determine order, certify, report, or otherwise act as to any of said work, business, or functions so assigned or referred to him or it for action by the Commission and in respect thereof shall have all the jurisdiction and powers now or then conferred by law upon the Commission and be subject to the same duties and obligations. Any order, decision, or report made or other action taken by any such individual commissioner or board in respect of any matters 80 assigned or referred shall have the same force and effect, and may be made, evidenced, and enforced in the same manner as if made or taken by the Commission. Any party affected by any order, decision, or report of any such individual commissioner or board may file a petition for rehearing by the Commission or a division thereof and every such petition shall be passed upon by the Commission or a division thereof. Any action by a division upon such a petition shall itself be subject to rehearing by the Commission, as provided in section 405 of the Act and in subsection (c). The Commission may make and amend rules for the conduct of proceedings before such individual commissioner or board and for the rehearing of such action before a division of the Commission or the Commission. The secretary and seal of the Commission shall be the secretary and seal of such individual commissioner or board.

Section 5(e) was amended by section 116 of Public Law 96-470, 94 Stat. at 2240, which deleted from the end of the subsection the following: "; and the Commission shall promptly report to the Congress each such case which has been pending before it more than such three- or six

month period, respectively, stating the reasons therefor."

** Subsection (1) was added by Public Law 97-35, 95 Stat. 357, 738, Aug. 13, 1981.

** Subsection (g) was added by Public Law 97-35, 95 Stat. 357, 732, Aug. 13, 1981; amended by Public Law 99-272, 100 Stat. 82, 118, April 7, 1986.

** Section 6 was added by Public Law 97-35, 95 Stat. 357, 738, Aug. 13, 1981; amended by Public Law 99-272, 100 Stat. 82, 117, April 7, 1986.

Appropriations pursuant to this section were made or adjusted by Public Law 99–180, 99 Stat.
1136, 116, Doc. 13, 1985; Public Law 99-177, 99 Stat. 1037, Dec. 12, 1985; Public Law 99-500, 100
Stat. 1783, Oct. 18, 1986.
The amounts available under these appropriations are as follows:

Continued

1

$98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987.

NEW TECHNOLOGIES AND SERVICES

SEC. 7. [47 U.S.C. 157] 45 (a) It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this Act shall have the burden to demonstrate that such proposal is inconsistent with the public interest.

(b) The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed or twelve months after the date of the enactment of this section, if later. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated or twelve months after the date of the enactment of this section, if later.

CHARGES

45A

SEC. 8. [47 U.S.C. 158] (a) The Commission shall assess and collect charges at such rates as the Commission shall establish or at such modified rates as it shall establish pursuant to the provisions of subsection (b) of this section. The Schedule of Charges established under this subsection shall be implemented not later than 360 days after the date of enactment of this section.

(bX1) The Schedule of Charges established under this section shall be reviewed by the Commission every two years after the date of enactment of this section and adjusted by the Commission to reflect changes in the Consumer Price Index. Increases or decreases in charges shall apply to all categories of charges, except that individual fees shall not be adjusted until the increase or decrease, as determined by the net change in the Consumer Price Index since the date of enactment of this section, amounts to at least $5.00 in the case of fees under $100.00, or 5 percent in the case of fees of $100.00 or more. All fees which require adjustment will be rounded upward to the next $5.00 increment. The Commission shall transmit to the Congress notification of any such adjustment not later than 90 days before the effective date of such adjustment.

(2) Increases or decreases in charges made pursuant to this subsection shall not be subject to judicial review.

(cX1) The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of

Fiscal Year 1986, $90,341,000.

Fiscal Year 1987, $95,000,000. 45 Section 7 was added by Public Law 98–214, 97 Stat. 1471, Dec. 8, 1983. *SA The Schedules of Charges appears in the appendix to this volume. Public Law 99-500, 100 Stat. 1783-67, Oct. 18, 1986, provided as follows: "That notwithstanding any other provision of law the Federal Communications Commission, during fiscal year 1987 may recover the costs incurred to assess and collect charges authorized by section 5002 of Public Law 99-272 from re ceipts generated by such charges.'

« iepriekšējāTurpināt »