Man-years devoted to application processing: 1949, 90.8; 1959, 97.5. Field Engineering and Monitoring Bureau matters disposed of: Industrial, scientific and medical equipment Number of models of ISM equipment type approved by the Commission (medical diathermy, epilators, ultrasonic equipment). Number of FCC interference cases resulting from noncommunications radiofrequency equipment Number of new industrial heater cases resulting from interference complaints that were investigated. Number of show cause orders leading to cease and desist orders. 12. List of legislative recommendations made to Congress in 1949 and 1959 by the Commission, and action taken thereon. In 1 1949, no substantive changes were made in the Communications Act and no laws were enacted which directly affected the Commission's functions or jurisdiction. However, numerous bills were introduced and considered by Congress which did, directly or indirectly concern the Commission. The most important of these were S. 1973, introduced by Senator McFarland, which would make substantial changes in the Communications Act, and would extensively revise the organization and procedures of the Commission in several major respects; H.R. 2915, introduced by Congressman Hobbs, which would revise the procedure for handling appeals to the courts from Commission decisions; S. 238, introduced by Senator Johnson, which would authorize the Interstate Commerce Commission to require railroad common carriers to install and maintain communication systems; and H.R. 3644, H.R. 4048, and H.R. 4124, all of which would amend section 605 of the Communications Act which deals with the unauthorized interception of communications. Congressional committee hearings were held on all but the last three of these bills and the Commission appeared and presented extensive testimony. In addition, the Commission prepared comments on more than 50 other proposed bills containing provisions having a bearing on the Commission's activities. In 1959 the Commission submitted to Congress 10 proposals to amend the Communications Act which were introduced and included: An amendment to sections 3 and 325 (a) and a proposed new section 330, which would impose certain requirements on community antenna television (CATV) systems (S. 1801, H.R. 6748). An amendment to section 4(b), which would repeal the section of the Communications Act which permits the Commissioners to receive an honorarium for the presentation and delivery of publications or letters (S. 1735). An amendment to section 5(c), to redefine the duties and functions of the Commission's review staff (S. 1738, H.R. 6573). An amendment to section 202(b), to expand the Commission's authority to regulate charges and services of common carriers for the use of microwave and other point to point radio circuits in chain broadcasting or incidental to radio communication of any kind (S. 1740, H.R. 6571). An amendment to sections 219, 308, and 319 to eliminate the requirement of an oath or affirmation on certain documents filed with the Commission (S. 1736, H.R. 6127). An amendment to section 309 (b), to eliminate the requirement for a prehearing notice to applicants and known parties in interest before an application is designated for hearing (S. Î733, H.R. 6572). An amendment to section 318, to remove the explicit requirement that transmitting equipment of broadcast stations be operated by licensed operators while engaged solely in rebroadcasting (S. 1741, H.R. 6471). An amendment to section 319 (d), to permit the Commission to grant licenses of TV installations engaged solely in rebroadcasting signals if they were constructed on or before January 1, 1959, and if the Commission finds that the public interest would be served thereby (S. 1739, H.R. 6471). An amendment to section 409 (c) (2), which would prohibit any person from directly or indirectly making any presentation respecting the merits of a case set for adjudicatory hearing without notice to all parties of record (S. 1734). An amendment to title V by amending section 504 (b) and adding a new section 508, to authorize the imposition of forfeitures for violation of certain of the rules and regulations of the Commission in the common carrier and safety and special services fields (S. 1737, H.R. 6574). Both Houses of Congress passed the Commission's legislative proposals substantially as introduced with respect to sections 4(b), 202 (b), 309 (b), 318, and 319 (d). 13. List significant actions taken by the Bureau of the Budget or the Appropriations or other committees of either House with reference to legislative or other proposals affecting the Commission. In 1949 the Bureau of the Budget cut the Commission's proposed budget for salaries and expenses by $1,179,000; from $7,679,000 to $6,500,000. The House recommended a further cut of $240,000 to $6,260,000. The Senate recommended a cut of only $140,000 or $6,360,000. The conference committee agreed on a cut of $190,000 or an appropriation of $6,310,000. Other appropriation requests amounting to $417,000 were authorized as requested. For 1959 the Bureau of the Budget cut the Commission's proposed annual budget by $617,000 from $9,567,000 to $8,950,000. The House and the Senate both approved a further cut of $50,000 to $8,900,000. For a 1959 pay increase supplemental the Bureau of the Budget allowed the entire $778,000 requested. The House recommended a cut of $77,800. The Senate recommended the full amount approved by the Bureau of the Budget. The conference committee agreed on a cut of $38,900 or an appropriation of $739,100. In 1959, for a program supplemental for a TV allocation study, our request for $212,000 was denied by the Bureau of the Budget. 14. List statutes or executive orders affecting Commission adopted or promulgated during calendar years 1949 and 1959. In 1949 no substantive changes were made in the Communications Act and no statutes were enacted which directly affected the Commission. Executive Order 10033, promulgated February 8, 1949 (see Code of Federal Regulations, vol. 3, 1949-1953 Compilation, p. 226) provides that the FCC and other Government agencies shall furnish certain statistical information upon the request of the Bureau of the Budget with the concurrence of the Secretary of State in response to official requests received by the U.S. Government from any intergovernmental organization of which the United States is a member. With respect to statutes adopted during 1959 affecting the Commission see answer to question 12, supra. No Executive orders affecting the Commission were promulgated in 1959. 15. List_complaints and recommendations concerning administrative procedure received from the industry regulated by the Commission or subject to its jurisdiction during the year 1949 and 1959. In 1949: (a) Need to reorganize the staff of the Commission on a functional basis. (b) Lack of legislative authority to employ cease and desist orders to enforce compliance with Commission's rules. (c) Need of a system to divide Commissioners into panels of three Commissioners. (d) Need for professional staff to assist Commissioners in decision writing. (e) Need to divorce employees engaged in prosecutory or investigatory functions from the judicial or decisionmaking functions. (f) Lack of requirement that Commission shall notify applicants for licenses of defects in such applications before designating such applications for hearing. Failure to decide cases and issues with reasonable dispatch. Inadequate program planning and departure of Commission in processing of applications from Commission approved policies. In 1959: (a) Need to outlaw ex parte representations in adjudicatory and rulemaking procedures. (b) Need for code of ethics governing the conduct of Commissioners, Commission employees, and practitioners. (c) Need for additional administrative and civil sanctions to enable the Commission to enforce its rules and regulations. (d) Enactment of sanctions to prohibit the unauthorized disclosure of confidential Commission actions, such as votes, opinions, recommendations, decisions, etc. (e) Imposition of a requirement that Commission should grant or deny any motion within 60 days after finding. (f) Enactment by law of a requirement that the Commission designate a Commissioner to prepare in each case the decision of the Commission. (g) Prohibit traffic in licenses. (h) Prohibition of payoffs. (i) See report and recommendations of special subcommittee on Legislative Oversight, January 3, 1959 (H. Rept. 2711, 85th Cong., 2d sess.). 16. List rules and regulations of procedure or practice outstanding during the years 1949 and 1959. The Commission's rules and regulations are printed in volume 47 of the Code of Federal Regulations. Part 1 contains the rules of practice and procedure. The 1949 issue of volume 47 of the code, part 1, contains the rules of practice and procedure in effect as of December 31, 1948. The pocket supplement contains all amendments for the year 1949. The 1950 edition of the code contains the rules in effect as of December 31, 1949. 17. List actions taken during year 1949 and 1959 by the Commission to regulate or discipline persons practicing or appearing before it. None. 18. List number of times and duration, with names of committees or subcommittees of either House, before whom the Commission or any of its members or staff had to appear and testify during the year 1949 and 1959. Briefly identify the subject matter of such hearings. The attached list of "Appearances of FCC Witnesses at Congressional Hearings" in 1950 was prepared in 1957 at the request of your committee. The list was compiled from sources within the Commission and was verified with the Congressional Record Digest. To the best of our knowledge it is complete. 1950 Jan. 30. Apr. 24. Apr. 25. June 16_ Aug. 8, 9, 14 ·Aug. 11. Dec. 20. Appearances of FCC witnesses at congressional hearings House Appropriations Committee (Independent Offices Subcommittee): Wayne Coy (Chairman), E. M. Webster, Robert F. Jones, George Sterling, Frieda Hennock (Commissioners), John A. Willoughby (Acting Chief Engineer), William Norfleet (Chief Accountant), Benedict Cottone (General Counsel), William. Holl (Acting Executive Officer), Leo Resnick (hearing examiner), George Turner (Chief, FEMB), Edward Chapin (Chief, Laboratory Division, Engineering), Albert McIntosh (Chief, Frequency Allocation and Treaty Division, Engineering), Marion Woodward (Chief, Common Carrier Division, Engineering), James Barr (Chief, Standard Broadcast Division), Glen Nielsen (Chief, Public Safety and Special Services Division), Harry Plotkin (Chief, Broadcast Division, Law), Harold Cohen (Chief, Common Carrier Division, Law), Lester Spillane (Chief, Safety and Special Services Division, Law), Gilbert Hatfield (personnel officer), Robert Cox (budget officer). Senate Interstate and Foreign Commerce Committee: S. 3358, to prohibit transmission of certain gambling information; Wayne Coy (Chairman). Senate Committee on Expenditures in the Executive Department: Reorganization Plan No. 11; Wayne Coy (Chairman), E. M. Webster (Commissioner). Senate Interstate and Foreign Commerce Committee: Nom- Senate Judiciary Committee: H.R. 5487, review of orders Senate District of Columbia Committee: S. 4154, wire- Information for the year 1949 is not available in any one place but can be compiled by the Commission's staff if the attached list will not serve your purposes. The list of "Appearances of FCC Witnesses at Congressional Hearings" in 1959 is enclosed. 1959 Jan. 28. Mar. 11______ Appearances of FCC witnesses at congressional hearings Senate Interstate and Foreign Commerce Committee. Edu- |