RECORD ONLY $//MDS and MMDS Reorganization Order, FCC 94-156//$ $/0.61Functions of the Bureau/$ $/0.91Functions of the Bureau/$ $/0.453Public Reference Rooms/$ $/1.821Scope/$ $///FCC 94-146 7-29-94///$ ///newjob/// FCC 94-146 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) ) Amendment of Parts 0 and 1 ) of the Commission's Rules ) to Reflect a Reorganization ) of Multipoint and Multichannel ) Multipoint Distribution ) Service Regulation ) ORDER Adopted: June 9, 1994 Released: By the Commission: 1. The Commission has before it for consideration changes in the organizations of the Mass Media and Common Carrier Bureaus. Implementation of these changes requires amendments to Parts 0 and 1 of the Commission's Rules and Regulations. 2. In order to consolidate processing of requests for licenses that may be used to provide so-called "wireless cable" services in one organization, the Commission is transferring responsibility for MultiPoint Distribution Services and Multichannel Multipoint Distribution Services from the Common Carrier Bureau to the Mass Media Bureau. The rules adopted herein reflect this action. 3. The amendments adopted pertain to agency organization. The prior notice procedure and effective date provisions of Section 553 of the Administrative Procedure Act are therefore inapplicable. Authority for the amendments adopted herein is contained in Sections 4(1), 5(b), 5(c)(1), and 303(r) of the Communications Act of 1934, as amended. 4. IT IS ORDERED, effective upon publication in the Federal Register that Parts 0 and 1 of the Rules and Regulations are amended as set forth in the Appendix hereto. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Final Rules Parts 0 and 1 of Chapter I 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: Authority: Secs. 5, 48 stat. 1068, as amended; 47 U.S.C. 155. 2. Section 0.61 is amended by revising paragraph (a) to read as follows: Section 0.61 Functions of the Bureau. * * * * * (a) Process applications for authorizations in radio and television services, including conventional and auxiliary broadcast services, multi-point and multi-channel multi-point distribution services, and direct broadcast satellite services. * * * * * 3. Section 0.91 is amended by revising the first paragraph to read as follows: Section 0.91 Functions of the Bureau. The Common Carrier Bureau develops, recommends and administers policies and programs for the regulation of services, facilities, rates and practices of entities (excluding public coast stations in the maritime mobile service and multi-point and multi-channel multi-point distribution services) which furnish interstate or foreign communications service for hire -- whether by wire, radio, cable or satellite facilities -- and of ancillary operations related to the provisions or use of such services. The Bureau also regulates the rates, terms, and conditions for cable television pole attachments, where such attachments are not regulated by a state and not provided by railroads or governmentally -- or cooperatively owned utilities. The Bureau also performs the following specific functions: * * * * * 4. Section 0.253 is amended by revising paragraph (g) to read as follows: Section 0.453 Public reference rooms. * * * * * (g) The Common Carrier Bureau, Domestic Facilities Reference Room. The following documents, files and records are available for inspection at this location. (1) Microwave Point-to-Point and Digital Electronic Message Service (DEMS) application files and related materials. (2) Space and earth station files and related materials. (3) Section 214 applications and related files. * * * * * PART 1 - PRACTICE AND PROCEDURE 1. The authority citation for Part 1 continues to read as follows: Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154,303; Implement, 5 U.S.C. 552, unless otherwise noted. 2. Section 1.821 is amended by revising the first paragraph to read as follows: Section 1.821 Scope. Where action on applications is permitted under authority delegated to either the Chief, Common Carrier Bureau, or the Chief, Mass Media Bureau, the provisions of this section, including provisions incorporated by reference, shall apply to applications for permits and licenses in the following services: * * * * *