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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 ) Amendment to Part 1 ) ) Removal of the Rules ) Implementing Section 7 of the ) Radio Broadcasting to Cuba Act ) ) ORDER Adopted: July 29, 1997Released: August 4, 1997 By the Commission: 1. This Order removes the provisions listed in Subpart M of Part 1 of the Commission's Rules, implementing section 7 of the Radio Broadcasting to Cuba Act, Pub. L. 98-111, 97 Stat. 749 (1983). This subpart includes Sections 1.1701 through 1.1712 of the Commission's Rules 47 C.F.R.  1.1701-1.1712. 2. The Radio Broadcasting to Cuba Act established a domestic radio broadcast service to Cuba. Because Congress expected the government of Cuba to retaliate for these broadcasts by interfering with or jamming U.S. broadcast stations, Congress also adopted Section 7 of the Radio Broadcasting to Cuba Act. This provision authorized the Federal Communications Commission (FCC) to determine levels of jamming and interference to U.S. radio broadcasting stations by Cuba through regular monitoring of the 1180 AM frequency. Under Section 7, the Commission became responsible for establishing interference measurement criteria to assist in settling compensation claims brought by U.S. radio broadcasting station licensees for costs incurred in mitigating the effects of jamming activities by the Government of Cuba. 3. To implement Section 7, the Commission adopted regulations setting forth the technical standards, requirements and procedures for affected broadcast stations to file a claim, and the standards and procedures to be used by the FCC staff to verify the level of interference received by the stations. Congress specifically stated in section 7(e), however, that "[f]unds appropriated for implementation of this section shall be available for a period of no more than four years following the initial broadcast occurring as a result of the program described in this Act." 4. The first Radio Marti broadcast occurred on May 20, 1985. Since then, Congress has made no further authorization or appropriation of funds for the Radio Marti compensation program. In the circumstances, we conclude that the compensation program set forth in Section 7 of the Radio Broadcasting to Cuba Act has elapsed and, therefore, removal of the rules implementing Section 7 of the Radio Broadcasting to Cuba Act is warranted. For the same reason, we have removed Section 0.61(g), 47 C.F.R.  0.61(g), which gave the Mass Media Bureau responsibility for processing compensation claims resulting from the Radio Marti operations. Similarly, we have deleted OMB control numbers 3060-0344 and 3060-0345 from the list of OMB control numbers assigned pursuant to the Paperwork Reduction Act, Pub. L. 104-13, and set forth in Section 0.408, 47 C.F.R.  0.408. These control numbers identified the Commission's forms used to file compensation claims at issue. 5. Because this order will remove rules which are no longer authorized by a statute, this change constitutes a minor amendment to our rules. The expiration of Congress' authorization to carry out the compensation program makes the removal of the rules implementing the compensation program a ministerial function. Therefore, we find for good cause that compliance with the notice and comment procedure of the Administrative Procedure Act is unnecessary and that this action is not subject to the thirty day effective period required by section 553(d) of the Administrative Procedure Act, 5 U.S.C.  553(d). Accordingly, this Order is effective immediately upon publication in the Federal Register. (See 5 U.S.C.  553(b)(B)). 6. ACCORDINGLY, IT IS ORDERED, that pursuant to Sections 4(i), 4(j), and 303(r) of the Communications Act, 47 U.S.C.  154(i), 154(j), 303(r), 47 C.F.R. Part 1, is amended to remove Subpart M, which consists of Section 1.1701 through 1.1712. 7. IT IS FURTHER ORDERED that this Order SHALL BE EFFECTIVE immediately upon publication in the Federal Register. 8. Further information on this proceeding may be obtained by contacting Ana Janckson- Curtis, Compliance and Information Bureau, at (202) 418-1160. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary . APPENDIX A Rule Changes 1. The authority citation for Part 0 continues to read as follows: AUTHORITY: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2.. Title 47 of the Code of Federal Regulations, Part 0 is amended as follows:  0.61 Functions of the Bureau * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (g) [removed and reserved]  0.408 OMB control number and expiration dates assigned pursuant to the Paperwork Reduction Act. 3. [OMB Control No. 3060-0344 and 3060-0345] are removed from the list. 4. The authority citation for Part 1 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 207, 303, and 309(j), unless otherwise noted. 5. Title 47 of the Code of Federal Regulations, Part 1, is amended as follows: Subpart M [removed and reserved]. 6. Subpart M is removed and reserved.