NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** In the matter of ) DA 95-1397 ) Amendment of Part O of the ) Commission's Rules to Reflect ) a Reorganization of the Office ) of General Counsel. ) ) ORDER Adopted: June 21, 1995 Released: June 22, 1995 By the Managing Director: 1. On September 27, 1994, the Commission adopted a proposed reorganization to create a Competition Division within the Office of General Counsel. The implementation of the proposed reorganization requires amendment to Part O of the Commission's Rules and Regulations. In accordance with the Commission's action, this Order makes the necessary revisions and other minor editorial changes in Part 0 of the Commission's Rules. 2. The amendments adopted herein pertain to agency organization. The notice and comment and effective date provisions of Section 4 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) and 5(b) of the Communications Act of 1934, as amended. 4. ACCORDINGLY, IT IS ORDERED, pursuant to the authority delegated under 47 C.F.R.  0.231(d) and effective upon publication in the Federal Register, that Part O of the Rules and Regulations be amended as set forth hereto. List of Subjects in 47 CFR Part O; Authority delegated Organization and functions FEDERAL COMMUNICATIONS COMMISSION Andrew S. Fishel Managing Director FINAL RULES Part O of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: PART O - COMMISSION ORGANIZATION 1. The authority citation for Part O continues to read as follows: Authority: Section 5, 48 Stat. 1068, as amended; 47 U.S.C. 155 2. Section 0.41(f) is amended by removing the title "Chief Engineer" and adding in its place "Office of Engineering and Technology"; revising paragraph (g); removing paragraph (j) and redesignating paragraphs (k) through (o) as (j) through (n) respectively; and revising newly redesignated paragraphs (m) and (n) to read as follows: Section 0.41 Functions of the Office * * * * * (g) To serve as the Commission's advocate for competition throughout the telecommunications industry and, specifically, to help to ensure that Commission policy development employs uniform or consistent analysis and that FCC policy encourages and promotes competitive market structures in affected industry segments by providing bureaus/offices with the necessary support to identify, evaluate, and effectively resolve competitiveness issues. * * * * * (m) To advise the Commission in the preparation and revision of rules and the implementation and administration of ethics regulations and the Freedom of Information, Privacy, Government in the Sunshine and Alternative Dispute Resolution Acts. (n) To assist and make recommendations to the Commission, and to individual Commissioners assigned to review initial decisions, as to the disposition of cases of adjudication and such other cases as, by Commission policy, are handled in the same manner and which have been designated for hearing. * * * * * Section 0.251 Authority delegated 1. Section 0.251 is amended by revising paragraph (b); and removing and reserving paragraphs (c), (d) and (e), to read as follows: * * * * * (b) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority: (1) To act upon requests for extension of time within which briefs, comments or pleadings may be filed. (2) To dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order. (3) To dismiss or deny petitions for rulemaking which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission. (4) To dismiss as repetitious any petition for reconsideration of a Commission order denying an application for review which fails to rely on new facts or changed circumstances. (c) (d) (e) * * * * *