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                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554 
               

In the Matter of                )
                                     )
Amendment of Parts 0 and 1      ) 
of the Commission's Rules       )  
Concerning Commission           )
Organization and Agency         ) 
Practice and Procedure          )

 
                                   ORDER


  Adopted: September 15, 1997;    Released: September 16, 1997
                  
  By the Managing Director:



     1.  The attached Appendix removes from Part 1 of the
Commission's rules on Commission Practice and Procedure specific
references to 18 U.S.C.  207 which are either superseded by 
the Office of Government Ethics' (OGE's) regulations found at 
5 C.F.R. part 2641, or rendered obsolete because there is no
equivalent language in revised 18 U.S.C.  207.  

    2.  There have been several significant amendments to 
18 U.S.C.  207.  Under the Ethics Reform Act of 1989, Pub. 
L. No. 101-194 (1989), sections 207(g) and (j) were removed.  
A subsequent amendment to section 207(c)(2)(A)(ii) substituted
"level 5 of the Senior Executive Service" for "level 5 of the
Executive Schedule" and an amendment to section 207(j) provided
an additional exception from the one-year bar found at 18 U.S.C. 
 207(c) and (d) for certain political activity by senior
Federal employees.  OGE Reauthorization Act of 1996, Pub. L. No.
104-179,  5, 6 (1996).  Because the references to section 207
contained in Part 0 of the Commission's rules have been
superseded by OGE regulations or made obsolete by subsequent
changes to section 207, we are removing them herein.
      
     3.  In compliance with the OGE's new government-wide
Standards of Ethical Conduct (5 C.F.R. part 2635), on 
July 20, 1994, the Commission adopted an Order delegating
authority to the General Counsel to assume the responsibilities
of serving as the Commission's Designated Agency Ethics Official
(DAEO).  9 FCC Rcd. 3596 (1994); 5 C.F.R  2638.201-2638.202; 
47 C.F.R.  0.251(a).  Although determinations concerning waivers
of the applicability of section 4(b) of the Communications Act
and the Federal conflict of interest statutes (i.e., 18 U.S.C 
 203, 205 and 208) fall within the broad delegated authority
given to the DAEO, see 5 C.F.R.  2638.201, corresponding
revisions were not made to the functions of the Office of the
Managing Director and authority delegated to the General Counsel
in Part 0 of the Commission's rules.  47 C.F.R.  0.11(a)(9) 
and 0.251.  To correct this oversight, we are amending these
sections to reflect that the DAEO is responsible for making
determinations concerning waivers of section 4(b) of the
Communications Act and the Federal conflict of interest statutes. 
  
     4.  The revisions adopted in this Order apply to internal
rules of agency personnel organization, management, practice and
procedure for which notice and comment is not required.  5 U.S.C.
 553(a)(2),(b)(3)(A) and (d).     

     5.  Accordingly, IT IS ORDERED THAT, effective upon
publication in the Federal Register, Parts 0 and 1 of the
Commission's rules ARE AMENDED, as set forth in the attached
Appendix, pursuant to the authority contained in sections 4(i),
5(c) and 303(r) of the Communications Act, 47 U.S.C.  154(i),
155(c) and 303(r), and section 0.231(b) of the Commission's
regulations, 47 C.F.R.  0.231(b).

    
                  FEDERAL COMMUNICATIONS COMMISSION




                    Andrew S. Fishel
                    Managing Director



                                 APPENDIX



Parts 0 and 1 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: 

Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

     2.  In  0.11, remove and reserve paragraph (a)(9). 

     3.  In  0.231, remove and reserve paragraphs (c) and (f).

     4.  In  0.251, add new paragraph (i) to read as follows: 

Sec. 0.251  Authority Delegated
 
*  *  *  *  *  

   (i)  The General Counsel is delegated authority to make
determinations regarding and waive the applicability of section
4(b) of the Communications Act (47 U.S.C. 154(b)) and the Federal
conflict of interest statutes (18 U.S.C. 203, 205 and 208). 

Part 1 - PRACTICE AND PROCEDURE

     5.  The authority citation for part 1 continues to read as
follows:  

47 U.S.C. 151, 154, 207, 303 and 309(j) unless otherwise noted.

     6. Remove and reserve  1.25, 1.28 and 1.29.