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OGC-00-69 1 (2000-09-21)

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~GAO                         __           _        _        _        __


United States General Accounting Office                      Office of the General Counsel
Washington, DC 20548

         B-286233



         September 21, 2000

         The Honorable John Mc Cain
         Chairman
         The Honorable Ernest F. Hollings
         Ranking Minority Member
         Committee on Commerce, Science, and Transportation
         United States Senate

         The Honorable Thomas J. Bliley, Jr.
         Chairman
         The Honorable John D. Dingell
         Ranking Minority Member
         Committee on Commerce
         House of Representatives

         Subject: Federal Communications Commission: Competitive Bidding Procedures

         Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
         major rule promulgated by the Federal Communications Commission (FCC), entitled
         Competitive Bidding Procedures (WT Docket No. 97-82; FCC 00-274). We received
         the rule on September 6, 2000. It was published in the Federal Register as a final rule
         on August 29, 2000. 65 Fed. Reg. 52323.

         The final rule amends the FCC's general competitive bidding rules for all auctionable
         services.

         Enclosed is our assessment of the FCC's compliance with the procedural steps
         required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
         Our review indicates that the FCC, with the exception of the following discussion of
         the effective date, complied with the applicable requirements.

         The final rule has an announced effective date of October 30, 2000. The
         Congressional Review Act requires a major rule to have a 60-day delay in its effective
         date following publication in the Federal Register or receipt of the rule by Congress,
         whichever is later. 5 U.S.C. 801(a)(3)(A). The Congress did not receive the rule until
         September 6, 2000, which means the final rule will not have the required 60-day delay
         in the effective date.


GAO/OGC-00-69

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