******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Part 0 of the ) Commission's Rules to Reflect the ) Elimination of the Competition Division) ORDER Adopted: June 23, 1998; Released: June 29, 1998 By the Commission: 1. In this Order, the Commission eliminates the Competition Division of the Office of General Counsel. We conclude that this action, and reassignment of the personnel involved, will make more effective and efficient use of the Commission's scarce resources. 2. The implementation of this decision requires amendment of Part 0 of the Commission's Rules and Regulations. This Order makes the necessary revisions and other minor editorial changes in Part 0 of the Commission's Rules. To ensure continuity in the dispatch of the duties and functions performed by the Competition Division, certain responsibilities and delegations of authority are being reassigned. In particular, 47 C.F.R.  0.21 and 0.41 are amended by revising the duties and responsibilities of the Office of General Counsel by eliminating paragraph (g) of section 0.41 and by transferring from the Office of General Counsel to the Office of Plans and Policy the responsibility to help ensure that FCC policy encourages and promotes competitive market structures by providing bureaus and offices with the necessary support to identify, evaluate, and effectively and consistently resolve competitiveness issues. 3. The General Counsel currently has delegated authority, pursuant to 47 C.F.R.  0.251(g), to act upon any application for a determination of exempt telecommunications company status filed pursuant to section 34(a)(1) of the Public Utility Holding Company Act of 1935, as amended by section 103 of the Telecommunications Act of 1996. The Commission has concluded that the effective and efficient dispatch of these duties and responsibilities is best ensured by delegating such authority to the Common Carrier Bureau. 4. The amendments adopted herein pertain to agency organization. The notice and comment and effective date provisions of the Administrative Procedure Act, 5 U.S.C.  553, are therefore inapplicable. Authority for the amendments adopted herein is contained in Sections 4(i), 5(b) and 5(c) of the Communications Act of 1934, as amended, 47 C.F.R.  154(i), 155(b) and 155(c). 5. ACCORDINGLY, IT IS ORDERED that Part 0 of the Rules and Regulations ARE AMENDED as set forth in the Appendix, effective upon publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary FINAL RULES Part 0 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: PART 0 - COMMISSION ORGANIZATION 1. Section 0.21 pertaining to the functions of the Office of Plans and Policy is amended by adding a new paragraph (j) to read as follows: Section 0.21 Functions of the Office. * * * * * (j) To help ensure that FCC policy encourages and promotes competitive market structures by providing bureaus and offices with the necessary support to identify, evaluate, and effectively and consistently resolve competitiveness issues. 2. Section 0.41 pertaining to the functions of the Office of General Counsel is amended by removing paragraph (g) and redesignating paragraphs (h) through (o) as (g) through (n). 3. Section 0.251 pertaining to delegations of authority to the General Counsel is amended by removing paragraph (g) and redesignating paragraphs (h) and (i) as (g) and (h). 4. A new Section 0.304 pertaining to a delegation of authority to the Chief, Common Carrier Bureau is added to read as follows: Section 0.304 Authority for determinations of exempt telecommunications company status. Authority is delegated to the Chief, Common Carrier Bureau to act upon any application for a determination of exempt telecommunications company status filed pursuant to section 34(a)(1) of the Public Utility Holding Company Act of 1935, as amended by section 103 of the Telecommunications Act of 1996.