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APPENDIX 3

COMMUNICATIONS ACT OF 1934, as AMENDED

SEC. 405. After a decision, order, or requirement has been made by the Commission in any proceeding, any party thereto, or any other person aggrieved or whose interests are adversely affected thereby, may petition for rehearing; and it shall be lawful for the Commission, in its discretion, to grant such a rehearing if sufficient reason therefor be made to appear. Petitions for rehearing must be filed within thirty days from the date upon which public notice is given of any decision, order, or requirement complained of. No such application shall excuse any person from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof, without the special order of the Commission. The filing of a petition for rehearing shall not be a condition precedent to judicial review of any such decision, order, or requirement, except where the party seeking such review (1) was not a party to the proceedings resulting in such decision, order, or requirement, or (2) relies on questions of fact or law upon which the Commission has been afforded no opportunity to pass. The Commission shall enter an order, with a concise statement of the reasons therefor, denying a petition for rehearing or granting such petition, in whole or in part, and ordering such further proceedings as may be appropriate: Provided, That in any case where such petition related to an instrument of authorization granted without a hearing, the Commission shall take such action within ninety days of the filing of such petition. Rehearings shall be governed by such general rules as the Commission may establish, except that no evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission believes should have been taken in the original proceeding shall be taken on any rehearing. 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 petitions for rehearings filed in any case, but any decision, order, or requirement made after such rehearing reversing, changing, or modifying the original order shall be subject to the same provisions with respect to rehearing as an original order.

APPENDIX 4

REORGANIZATION PLAN No. 2 OF 1961

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 27, 1961, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended

FEDERAL COMMUNICATIONS COMMISSION

SECTION 1. Authority to delegate.—(a) In addition to its existing authority, the Federal Communications Commission, hereinafter referred to as the "Commission," shall have the authority to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter: Provided, however, That nothing herein contained shall be deemed to supercede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), as amended, and provided further, that in accordance with the provisions of subsection (b) of this section the functions of the Commission with respect to the filing of exceptions to decisions of hearing examiners and the function of hearing oral arguments on such exceptions before the entry of any final decision, order or requirement as set forth in subsection (b) of section 409 of the Communications Act of 1934, as amended (66 Stat. 721), are hereby abolished.

(b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Commission shall retain a discretionary right to review the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Commission shall by rule prescribe: Provided, however, That the vote of a majority of the Commission less one member thereof shall be sufficient to bring any such action before the Commission for review. (c) Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Commission, then the action of any such division of the Commission, individual Commissioner, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission.

SEC. 2. Transfer of functions to the Chairman.-There are hereby transferred from the Commission to the Chairman of the Commission the functions of the Commission with respect to the assignment of Commission personnel, including Commissioners, to perform such functions as may have been delegated by the Commission to Commission personnel, including Commissioners, pursuant to section 1 of this reorganization plan.

SEC. 3. Review staff.-The review staff, created by section 5(c) of the Communications Act of 1934, as amended (66 Stat. 712), together with its functions, is hereby abolished. The employees of such staff may be assigned as the Commission may designate.

APPENDIX 5

ADMINISTRATIVE PROCEDURE ACT

SEC. 7. In hearings which section 4 or 5 requires to be conducted pursuant to this section

(a) PRESIDING OFFICERS.-There shall preside at the taking of evidence (1) the agency, (2) one or more members of the body which comprises the agency, or (3) one or more examiners appointed as provided in this Act; but nothing in this Act shall be deemed to supersede the conduct of specified classes of proceedings in whole or part by or before boards or other officers specially provided for by or designated pursuant to statute. The functions of all presiding officers and of officers participating in decisions in conformity with section 8 shall be conducted in an impartial manner. Any such officer may at any time withdraw if he deems himself disqualified; and, upon the filing in good faith of a timely and sufficient affidavit of personal bias or disqualification of any such officer, the agency shall determine the matter as a part of the record and decision in the case. * *

APPENDIX 6

ADMINISTRATIVE PROCEDURE ACT

SEC. 6. (d) DENIALS.-Prompt notice shall be given of the denial in whole or in part of any written application, petition, or other request of any interested person made in connection with any agency proceeding. Except in affirming a prior denial or where the denial is self-explanatory, such notice shall be accompanied by a simple statement of procedural or other grounds.

APPENDIX 7

COMMUNICATIONS ACT OF 1934, as AMENDED

SEC. 4. (f) (1) The Commission shall have authority, subject to the provisions of the civil-service laws and the Classification Act of 1949, as amended, to appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions.

(2) Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint a legal assistant, an engineering assistant, and a secretary, each of whom shall perform such duties as such

commissioner shall direct. In addition, the chairman of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the chairman shall direct. * * *

(i) The Commission may perform any and all acts, make such rules and regulations, and issue such orders, not inconsistent with this Act, as may be necessary in the execution of its functions.

(j) The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. Any party may appear before the Commission and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of any party interested. The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense. * * *

APPENDIX 8

ADMINISTRATIVE ORDER No. 11

ORDER DEFINING THE EXECUTIVE RESPONSIBILITY OF THE CHAIRMAN WITH RESPECT TO THE INTERNAL AFFAIRS OF THE COMMISSION

At a session of the Federal Communications Commission held at its offices in Washington, D.C., on the 25th day of April 1956:

In accordance with section 5(a) of the Communications Act of 1934, as amended, which reads, in part: "The member of the Commission designated by the President as Chairman shall be the chief executive officer of the Commission. It shall be his duty to preside at all meetings and sessions of the Commission, to represent the Commission in all matters relating to legislation and legislative reports except that any commissioner may present his own minority views or supplemental reports, to represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies, and generally 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." The executive responsibility and authority of the Chairman with respect to the internal affairs of the Commission are hereby defined.

A. In internal matters of a fairly routine character-As to these, the Chairman takes final action, need not report specifically thereon to the Commission, but from time to time advises the Commission in general of such actions taken. Illustrations of this type of matter are:

1. procurement and disposition of office space;

2. setting of priorities in use of service facilities;

3. classification of positions up to and including GS-14;

4. approval of individual personnel actions affecting employees up to and including grade GS-9 or its equivalent, except involuntary separations and actions affecting personnel employed in the immediate offices of Commissioners.

5. approval of minor and non-substantive changes in operating procedure, except changes which involve the protective provisions of the Communications Act or of the Administrative Procedure Act; and

6. promulgation of manuals and other procedural instructions with respect to administrative matters.

B. In internal matters of a non-routine character which do not involve policy determinations. As to these, the Chairman takes final action but specifically advises the Commission of each action taken. Illustrations of this type of matter are:

1. making of work assignments to the staff of a substantial and unusual nature;

2. establishment of personnel ceilings or staffing schedules;

3. installation or revision of statistical or reporting systems for administrative purposes;

4. approval of individual personnel actions affecting employees in grades GS-10 through 14 or their equivalent, except involuntary separations and

all actions affecting personnel employed in the immediate offices of Commissioners. Only those actions which affect grade, permanent assignment, and professional qualifications are reported to the Commission on a case-by-case basis;

5. approval of minor changes in organizations within a bureau or staff office; and

6. approval of major changes in procedure except changes of a substantive nature or which involve the protective provisions of the Communications Act or the Administrative Procedure Act.

C. In internal matters of an important character or which involve policy determinations. As to these, the Chairman develops proposals for presentation to the Commission. All matters of this nature originating with the staff or other Commissioners are addressed to the Commission through the Chairman. Illustrations of this type of matter are:

1. approval of budgetary requests to be submitted to the Bureau of the Budget;

2. allotment of funds among purposes, bureaus, and offices;

3. promulgation of formal personnel policies;

4. approval of extraordinary assignments of personnel (e.g. details outside the agency);

5. approval of major changes in organization within a bureau or staff office and all changes affecting two or more bureaus or staff offices;

6. approval of changes in procedure of a substantive nature or which affect the protective features of the Communications Act or the Administrative Procedure Act;

7. approval of all involuntary separations of personnel; and

8. approval of actions affecting personnel at the grade GS-14 level and above, except those actions affecting personnel employed in the immediate offices of Commissioners.

D. With respect to the personnel in Commissioner's offices.-The individual Commissioners control appointments to and separations from such positions except that all such actions will be taken only after consultation with the Chairman or his designated representative to assure conformance with budget limitations, civil service regulations, and similar requirements.

E. With respect to supervision of staff.-On behalf of the Commission and pursuant to Section 5(a) of the Act, the Chairman has responsibility and authority to supervise the staff of the Commission in its day-to-day activities. This authority does not involve in any way the content of policy recommendations or the Commission's adjudicatory decisions.

F. Authority to delegate.-To the extent he finds necessary or desirable the Chairman may delegate to appropriate officials performance of duties covered by this order.

G. Nothing in this order shall be interpreted to confer upon the Chairman any authority inconsistent with any laws, rules, or regulations governing personnel administration or other management matters.

H. This order rescinds and supersedes Administrative Order No. 8, dated June 2, 1949. FEDERAL COMMUNICATIONS COMMISSION, MARY JANE MORRIS, Secretary.

APPENDIX 9

ADMINISTRATIVE PROCEDURE ACT

SEC. 8. (b) SUBMITTALS AND DECISIONS.-Prior to each recommended, initial, or tentative decision, or decision upon agency review of the decision of subordinate officers the parties shall be afforded a reasonable opportunity to submit for the consideration of the officers participating in such decisions (1) proposed findings and conclusions, or (2) exceptions to the decisions or recommended decisions or subordinate officers or to tentative agency decisions, and (3) supporting reasons for such exceptions or proposed findings or conclusions. The record shall show the ruling upon each such finding, conclusion, or exception presented. All decisions (including initial, recommended, or tentative devisions) shall become a part of the record and include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record; and (2) the appropriate rule, order, sanction, relief, or denial thereof.

APPENDIX 10

REORGANIZATION PLAN No. 11 or 1950

9

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949

FEDERAL COMMUNICATIONS COMMISSION

SECTION 1. Transfer of functions to the Chairman.-(a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Communications Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds.

(b) (1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.

(2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan.

(4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes.

SEC. 2. Performance of transferred functions.-The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of this reorganization plan.

COMPARISON OF REORGANIZATION PLAN No. 2 OF 1961 (FEDERAL COMMUNICATIONS COMMISSION) WITH RESPECT TO PRESENT COMMISSION PRACTICE ON REVIEW AND PROPOSED COMMISSION PRACTICE ON REVIEW IF PLAN BECOMES EFFECTIVE

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