Authority To Issue Subpoenas

The Commission ruled on two petitions for reconsideration of its earlier order (FCC 94-319; released November 21, 1994) adopting rules to permit the Chief, Common Carrier Bureau, to issue subpoenas in matters involving allegations of unlawful conduct by common carriers under Title II of the Communications Act of 1934, as amended. One petitioner argued that the Commission should reconsider its delegation of authority and should issue a notice of proposed rulemaking to solicit comments on the proper scope of delegation. The other petitioner argued that the delegation of subpoena power is unconstitutional and that the Commission should limit the scope of subpoena power granted to the Bureau accordingly. The Commission found that the petitioners arguments were without merit. The Commission decided on reconsideration, however, that some modification of the earlier order was appropriate. On its own motion, the Commission issued an order (``Amendment of Part 0'') delegating similar authority to other bureaus within the Commission (FCC 95-213; released June 9, 1995). This modification of the rules required that the delegation of authority to other bureaus be conditioned on an approval from the Office of General Counsel, that the bureaus only be authorized to issue ``non-hearing-related'' subpoenas, and that the bureaus have a broad delegation of subpoena authority over matters within their jurisdiction. The Commission will amend its rules for the purpose of authorizing the Chief of the Common Carrier Bureau, with the approval of the Office of the General Counsel, to issue non-hearing related subpoenas for the attendance of witnesses and the production of documents deemed relevant by the Bureau, to add language making it consistent with the Commission's Amendment of Part 0.