Recommended Decision of Chief Administrative Law Judge in Wealth TV Carriage Complaint Case Against Four MVPDs. 10/15/09 by docstocgovt

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									Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Appointment of the Defense Commissioner and Alternate Defense Commissioner ) ) ) ) ) ) ORDER Adopted: July 22, 2009 By the Commission: Released: July 23, 2009

FCC 09-61

1. Pursuant to Section 0.181 of the Federal Communications Commission’s (Commission) Rules, we hereby appoint Chairman Julius Genachowski to be Defense Commissioner.2 The Defense Commissioner “directs the homeland security, national security and emergency preparedness, and defense activities of the Commission.” The duties and responsibilities of the Defense Commissioner include, inter alia: (1) representing the Commission in interagency matters pertaining to public safety, homeland security, national security, emergency preparedness, disaster management, and defense and related matters, including matters pertaining to continuity of the essential functions of the Commission under emergency conditions; (2) serving as the principal point of contact for the Commission on all matters pertaining to the Department of Homeland Security; (3) serving as a member of the Joint Telecommunications Resources Board (JTRB); (4) developing emergency programs covering service provision by wireless and wireline telecommunications carriers and broadcast, cable, and satellite facilities, as well as radio frequency assignment, investigation, and enforcement; and (5) assuming the duties of the Commission under certain emergencies.3
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2. We also appoint Commissioner Michael J. Copps to be Alternate Defense Commissioner for a term of one year from the date of adoption of this Order, pursuant to Section 0.181(j) of the Commission’s rules.4 The Alternate Defense Commissioner is authorized to perform the functions of the Defense Commissioner if he or she is not available.5 3. This Order is procedural in nature and pertains to internal organization and delegations of authority, and hence is not subject to the prior notice and effective date provisions of the Administrative Procedure Act.6
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47 C.F.R. § 0.181.

The previous Defense Commissioner was Commissioner Michael J. Copps. See Appointment of the Defense Commissioner, Order, 24 FCC Rcd 1584 (2009).
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47 C.F.R. § 0.181. 47 C.F.R. § 0.181(j). Id. See 5 U.S.C. § 553(b), (d).

Federal Communications Commission

FCC 09-61

4. ACCORDINGLY, IT IS ORDERED, that pursuant to sections 1, 4(i), 303(r) and 706 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 303(r), and 606, and Section 0.181 of the Commission’s rules, 47 C.F.R. § 0.181, Chairman Julius Genachowski is appointed Defense Commissioner EFFECTIVE upon adoption of this Order. 5. IT IS FURTHER ORDERED, that pursuant to sections 1, 4(i), 303(r) and 706 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 303(r), and 606, and Section 0.181 of the Commission’s rules, 47 C.F.R. § 0.181, Commissioner Michael J. Copps is appointed Alternate Defense Commissioner for a term of one year EFFECTIVE upon adoption of this Order.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch Secretary

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