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



In the Matter of                   )
                              )
Amendment of Sections 0.41 and          )
0.251 of the Commission's Rules         )
Regarding the Interception              )
and Recording of Telephone         )
Conversations by                   )
Commission Personnel               )

                              ORDER

                            Adopted:  July 13, 1999;  Released:  July 16, 1999

By the Commission:


     1.   Sections 0.41(l) and 0.251(f) of our rules, 47 C.F.R.  0.41(l) and  0.251(f)
govern the duties and responsibilities of the Office of General Counsel with respect to the
interception and recording of telephone conversations by agency personnel.   The rules
currently in effect refer to and reflect General Service Administration (GSA) regulations
regarding the interception of telephone conversations.  These GSA regulations have been
repealed.  Because GSA regulations no longer contain any specific provisions regarding the
manner in which government agencies monitor the interception and recording of telephone
conversations by agency personnel, we are amending our rule to delete reference to these
regulations.  The authority of the Office of the General Counsel to issue any necessary written
determinations with respect to these matters remains generally unchanged.  However, because
the Office of the Inspector General may deem it necessary to intercept or monitor telephone
conversations in the conduct of audits or investigations, the rule amendments clarify that the
Inspector General has such authority to do so without obtaining a written authorization from
the Office of General Counsel.
  
     2.  Because these rule changes involve rules of agency organization, procedure or
practice, prior notice and public comment procedures are not required.  See 5 U.S.C.  553
(b)(3)(A).



     3.  Pursuant to sections 4(i), 4(j), 5(c), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C.  154(i) and (j), 155(c) and 303(r), it is HEREBY ORDERED that
Part 0 of the Commission's Rules is amended as set forth in the attached Appendix, effective
upon publication in the Federal Register.

     


                              Magalie Roman Salas
                              Secretary


                           RULE CHANGE


Part 0 of Title 47 of the Code of Federal Regulations is amended to read as follows:


Part 0 - COMMISSION ORGANIZATION

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, 225 unless
otherwise noted.

2.  Section 0.41 is amended to read as follows:

 0.41 Functions of the Office

     *  *  *  *  *

(l)  To issue determinations on matters regarding the interception and recording of telephone
conversations by Commission personnel.  Nothing in this subsection, however, shall affect the
authority of the Inspector General to intercept or record telephone conversations as necessary
in the conduct of investigations or audits.

     *  *  *  *  *  
                    
   3.  Section 0.251 is amended to read as follows:

 0.251 Authority delegated.

     *  *  *  *  *

(f)   The General Counsel is delegated authority to issue written determinations on matters
regarding the interception of telephone conversations.  Nothing in this subsection, however,
shall affect the authority of the Inspector General to intercept or record telephone conversations
as necessary in the conduct of investigations or audits.

     *  *  *  *  *