nals into the 100 largest television markets, as defined in § 74.1107(a) of this chapter.

[31 F.R. 16715, Dec. 30, 1966, as amended at 32 F.R. 3831, Mar 8, 1967; 32 F.R. 6283, Apr. 21, 1967; 32 F.R. 7835, May 30, 1967; 33 F.R. 8228, June 1, 1968; 34 F.R. 15416, Oct. 3, 1969]

CHIEF, COMMON CARRIER BUREAU § 0.291 Authority concerning radio

matters.

The Chief of the Common Carrier Bureau is delegated authority to act upon the following applications, requests, and other matters which are not in hearing status, involving the use of radio, insofar as they apply to common carrier services (except marine and aeronautical), where the estimated construction cost is less than $2,000,000:

(a) From existing licensees for instruments of authorization, for the fixed public or fixed public press radio services.

(1) New points of communication, not already authorized to a station of the licensee at some other location or not already authorized by an outstanding construction permit or special temporary authorization; unless the application for a new point of communication is for the transmission or control of transmission or reception of addressed program or facsimile material.

(2) Changes in transmitter location other than local in character.

(3) The establishment of a new type of service.

(b) For the domestic public radio services, and for the fixed public services, in the possessions of the United States and in the State of Hawaii.

(c) For developmental stations which render or propose to render a common carrier service.

(d) For special temporary authorizations, including those filed at times outside of the regular office hours of the Commission in emergency cases.

(e) For operation with new or modified equipment pending repair of existing equipment, or pending receipt of and action upon formal applications; operation with licensed, new or modified equipment at a temporary location with a temporary antenna system in case of an emergency when, due to causes beyond the control of the licensee, it becomes impossible to continue operating at the licensed location; and, special operations necessary to facilitate equipment and service tests, or to comply with technical requirements specified in

authorizations, orders, rules or releases of the Commission.

(f) For a change in location, type or model, design or number of transmitters; representations of compliance with technical requirements specified in authorizations, orders, rules or releases of the Commission (except formal applications).

(g) For equipment and service tests, or extensions thereof.

(h) To determine whether an application for modification constitutes a major change in facilities, and whether an amendment to an application constitutes a major amendment; and, if so, to so designate such change or amendment. (i) 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.

(j) To dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission.

(k) To waive the requirement of § 21.23(a) of this chapter that amendments to applications be served by the applicant upon persons who have filed petitions to deny the application or to designate it for hearing, upon a showing by the applicant that the requirement is unreasonably burdensome, and to prescribe such alternative procedures as may be appropriate under the circumstances to protect petitioners' interests and to avoid undue delay in the proceeding. Requests for waiver shall be served on petitioners. Oppositions to the petition may be filed within 5 days after the petition is filed and shall be served on the applicant. Replies to oppositions will not be entertained.

[28 F.R. 12402, Nov. 22, 1963, as amended at 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4456, Mar. 16, 1966; 32 F.R. 5273, Mar. 29, 1967; 33 F.R. 15291, Oct. 15, 1968]

§ 0.292 Additional authority concerning radio matters.

The Chief of the Common Carrier Bureau is delegated authority to act on the following matters:

(a) To designate for hearing all mutually exclusive applications for radio facilities filed pursuant to Parts 21, 23, and 25 of this chapter.

(b) To determine under § 1.80 of this chapter whether forfeiture liability has

been incurred in connection with the operation of any station governed by Parts 21, 23, and 25 of this chapter, and to issue notices of apparent liability as provided in § 1.80 of this chapter.

[33 F.R. 15291, Oct. 15, 1968]

§ 0.293 Authority concerning position of officer.

The Chief of the Common Carrier Bureau is delegated authority to act upon applications under section 212 of the Communications Act for authority to hold the position of officer or director of more than one carrier subject to the Act, and to act upon applications for a finding that a carrier owns more than fifty percent of the stock of another or other carriers, or that a person owns fifty percent or more of the stock of two or more carriers. § 0.294

Authority concerning section 214 of the Act.

The Chief of the Common Carrier Bureau is delegated authority to act upon the following applications or requests under section 214 of the Communications Act:

(a) For a certificate authorizing the construction, acquisition, operation, or extension of lines, or for an authorization for temporary or emergency service or the supplementing of existing facilities involving an estimated construction or purchase cost of less than $2 million, or an annual rental of less than $250,000.

(b) For modification of a certificate or authorization under this section of the Act where such amendment or modification involves an estimated construction or purchase cost of less than $2 million or an annual rental of less than $250,000.

(c) For authority to discontinue, reduce, or impair telephone service where the applications are filed pursuant to the provisions of §§ 63.63, 63.65, and 63.66 of this chapter.

(d) For an authorization for temporary or emergency closure of telegraph offices, for any closure of a telegraph office at a military establishment, for closure of railroad-operated agency offices, for closure of company-operated main offices where substitute service is to be provided by telephone, teleprinter or facsimile-operated agency office in the same community and for any reduction in the hours of telegraph service in a community or part of a community in

those cases where applicable Commission policy has been established.

(e) For informal requests for authority to discontinue, reduce or impair telegraph service filed pursuant to the provisions of §§ 63.63, 63.64, and 63.66 through 63.69 of this chapter.

(f) For reconsideration and dismissal of applications to discontinue, reduce or impair service where authority has been granted but will not be used by applicant because of conditions arising subsequent to the filing of the application.

(g) For special temporary authorizations in the event of cable failures, satellite outages, or similar occurrences, including those requested at times outside of regular office hours of the Commission in emergency cases, without regard to the cost of obtaining such emergency restored facilities.

[28 F.R. 12402, Nov. 22, 1963, as amended at 33 F.R. 15291, Oct. 15, 1968]

§ 0.295

Authority concerning section 220 of the Act.

The Chief of the Common Carrier Bureau is delegated authority to interpret the regulations and to act upon the administration of such regulations promulgated by the Commission pursuant to section 220 of the Communications Act, relating to accounts, records and memoranda to be kept by carriers subject to the jurisdiction of the Commission.

§ 0.296 Authority concerning section 221(a) of the Act.

The Chief of the Common Carrier Bureau is delegated authority:

(a) To determine upon consideration of all relevant factors whether hearings shall be held on applications filed under section 221(a) of the Communications Act where no request therefor has been made by a telephone company, an association of telephone companies, a State Commission or local government authority;

(b) To fix the time and place for hearings he determines shall be held under paragraph (a) of this section or where a request therefor has been made by a telephone company, an association of telephone companies, a State Commission or local government authority; and to give reasonable notice in writing to the Governor of each of the States in which the physical property affected, or any part thereof, is situated, to the State

Commission having jurisdiction over telephone companies, and to such other persons as he may deem advisable; and

(c) To act in all other cases upon applications filed under section 221(a) where the proposed expenditure for consolidation, acquisition or control is less than $500,000.

§ 0.297 Authority concerning tariff reg

ulations.

The Chief of the Common Carrier Bureau is delegated authority to act upon all matters arising in connection with the administration of tariff regulations promulgated by the Commission pursuant to section 203 of the Communications Act, and, in connection with the administration of that section insofar as it relates to the modification of requirements thereof or made pursuant thereto, as authorized in particular instances by subsection (b) thereof, and to the rejection of tariffs as authorized by subsection (d) thereof.

§ 0.298 Authority concerning Communications Satellite matters.

(a) The Chief of the Common Carrier Bureau is delegated authority to act upon applications from communications common carriers for authorization to purchase stock in the Communications Satellite Corporation, pursuant to the provisions of section 304 (b) of the Communications Satellite Act and of Subpart H of Part 25 of this chapter.

(b) The Chief of the Common Carrier Bureau is delegated authority to act upon notification statements required to be filed under § 25.166 of this chapter by the Communications Satellite Corporation, other communications common carriers, and their respective prime contractors with respect to the procurement of apparatus, equipment, and services required for the establishment and operation of the communications satellite system and satellite terminal stations. This delegation is limited to taking the following actions:

(1) Determination that no action should be taken to prevent the proposed contracts from being awarded at any time subsequent to 10 days after the filing of the statements with the Commission;

(2) Notice that such statements are defective;

(3) Issuance of a public notice announcing a 30-day investigation period

to determine whether the rules have been complied with;

(4) Determination

that no action should be taken to prevent the proposed contract from being awarded at any time subsequent to 30 days after the date of the public notice.

(c) The Chief of the Common Carrier Bureau is delegated authority to act upon applications, requests, and other matters which are not in hearing status relating to communication satellite facilities and services as follows:

(1) For modifications of communication satellite earth station or space station construction permits; for operating licenses or modification or renewal of operating licenses for such facilities; for authorizations for developmental purposes covered by Part 25, Subpart E, of this chapter; and for modifications of approval to participate in construction of satellites intended for use in the global communication satellite system, when the applications involved comply with the requirements of the Communications Act of 1934, as amended, and the Communications Satellite Act of 1962, are in accord with Commission policy and standards, are not mutually exclusive with any other applications, and concerning which no petition to deny has been filed.

(2) For authorizations to establish channels of communications with new points, to obtain units of satellite utilization, and to engage in promotional demonstrations or experimental opera

$ 0.303 Authority concerning extension of time and waivers.

The Chief of the Common Carrier Bureau is delegated authority to act upon the following requests:

(a) For the extension of time in which to file annual, monthly and special reports required by the Commission pursuant to section 219 of the Communications Act.

(b) For the extension of the time prescribed in § 43.51 of this chapter for the filing of documents specified therein.

(c) For the extension of time within which briefs, comments and pleadings may be filed in common carrier rule making proceedings.

(d) For extension of time previously ordered by the Commission within which the transfer of control or assignment of license be effectuated insofar as these apply to fixed public, fixed public press, domestic public or common carrier experimental radio services.

(e) For extension of time within which to comply with technical requirements specified in authorizations, orders, and rules or releases of the Commission insofar as these apply to fixed public, fixed public press, domestic public or common carrier experimental radio services.

(f) For waiver of or exception to any rule, regulation or requirement relating to the services under his jurisdiction and to act upon petitions or requests relating to the assignment of frequencies to common carrier operations but requiring action under § 2.102 of this chapter, when he finds that the operation for which permission is sought (1) is of a nonrecurring nature and does not warrant a rule making proceeding with a view to establishing it on regular basis, (2) will not exceed 90 days, and (3) will cause no harmful interference to any service operating in accordance with the Table of Frequency Allocations. This delegation does not apply to requests for renewals of any authority to operate granted hereunder.

(g) For extension of time within which to file pleadings concerning applications filed in the fixed public, fixed public press, domestic public, or common carrier experimental radio services which are not in hearing status.

[28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 12125, Sept. 23, 1965; 31 F.R. 13474, Oct. 19, 1966]

$ 0.304 Authority delegated jointly to Chiefs of Common Carrier and Safety and Special Radio Services Bureaus.

Authority is delegated jointly to the Chief of the Common Carrier Bureau and the Chief of the Safety and Special Radio Services Bureau to act upon applications involving common carrier matters in the maritime mobile service, aeronautical mobile service, and in the fixed service in Alaska. (For record of actions taken under this section, see § 0.337.)

[29 F.R. 14405, Oct. 20, 1964]

§ 0.307 Record of actions taken.

The application and authorization files in the License Branch and the appropriate central files of the Common Carrier Bureau are designated as the Commission's official records of actions by the Chief of the Bureau pursuant to authority delegated to him. In the case of joint authority exercised by the Chief, Common Carrier Bureau, and the Chief, Safety and Special Radio Services Bureau, § 0.337 applies.

[33 F.R. 8228, June 1, 1968]

§ 0.311

FIELD ENGINEERING BUREAU

Authority delegated to the Chief and to the Deputy Chief of the Field Engineering Bureau.

(a) The Chief of the Field Engineering Bureau is delegated authority to act upon the following matters which are not in hearing status:

(1) Except as otherwise provided in § 1.61 of this chapter, with respect to the construction, marking, and lighting of antenna towers and supporting structures, to exercise the functions of the Commission as set forth in Part 17 of this chapter: Provided, however, That in cases in which the Federal Aviation Agency recommends denial of any application, the Chief of the Field Engineering Bureau advises the bureau concerned in order that it may submit the application to the Commission for appropriate action.

(2) Waiver of rules, regulations and orders of the Commission relating to the proper time for filing of renewals of commercial and amateur radio operator licenses.

(3) Temporary operation by radio station licensees, except licensees of standard and FM broadcast stations, with a

licensed operator of lower grade than normally required or for waiver of other technical requirements for operators.

(4) With respect to the operation of industrial, scientific, and medical equipment subject to Part 18 of this chapter, to issue, in accordance with section 312 (c) of the Act, (i) orders to show cause why a cease and desist order pursuant to section 312(b) should not be issued; and (ii) cease and desist orders after waiver of hearing and certification of the proceeding to the Commission pursuant to § 1.92 of this chapter.

(5) To suspend commercial operator licenses and to designate the matter for hearing, as provided for in § 1.85 of this chapter.

(6) To act on requests for a waiver of the English language provisions of §§ 13.22 and 13.23 of this chapter in the case of Spanish-speaking applicants in Puerto Rico and vicinity, and to issue licenses bearing appropriate restrictions to those applicants found qualified.

(7) To dismiss without prejudice applications for new and renewal commercial radio operator licenses in cases where prior to designation of such applications for hearing an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(8) To act on requests for a provisional radio operator certificate.

(9) To act on requests by holders of a pilot certificate issued by the Civil Aeronautics Administration, the Federal Aviation Agency or the Federal Aviation Administration for a waiver of the U.S. citizenship requirement under section 303 (1) of the Communications Act of 1934, as amended.

(10) To act on requests for waiver of the written examination requirements of §§ 13.21 and 13.22 of this chapter and to authorize oral examination in lieu thereof.

(11) To reject certifications of industrial heating equipment as provided in § 18.118(a) of this chapter and to accept certifications of industrial heating equipment as provided in § 18.118(d) of this chapter.

(12) To determine under § 1.80 of this chapter whether forfeiture liability has been incurred by any licensed commercial radio operator (except where the operator is also subject to liability as licensee of the station in question); to is

sue notices of apparent liability in such cases; and to act in such cases on requests that the forfeiture be cancelled or reduced.

NOTE: Where the operator is also subject to liability as licensee of the station, these matters are acted on by the Bureau or Office which exercises authority over the class of station involved. See §§ 0.243 (b), 0.292(b), and 0.332 (d) and (e).

(13) To act on requests for a waiver of the geographical restriction in § 13.4 (c) of this chapter on the validity of operator licenses issued to alien aircraft pilots.

(14) 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.

(15) To dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission.

(b) The Chief and the Deputy Chief of the Field Engineering Bureau are authorized to declare that a state of general communications emergency exists and to act on behalf of the Commission pursuant to the provision of § 97.107 of this chapter with respect to the operation of amateur stations during a state of general communications emergency.

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 12773, Sept. 10, 1964; 29 F.R. 15923, Nov. 28, 1964; 30 F.R. 7521, June 9, 1965; 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4457, Mar. 16, 1966; 32 F.R. 20860, Dec. 28, 1967; 33 F.R. 3637, Mar. 1, 1968]

§ 0.314 Authority delegated to the Engineers in Charge.

The Engineers in Charge at each headquarters office of the 24 districts of the Field Engineering Bureau are delegated authority to act upon the following applications, requests, or matters which are not in hearing status:

other

(a) For new, modified replacement, duplicate or renewal commercial radio operator license and provisional radio operator certificate.

(b) For temporary permission to operate standard and FM broadcast stations with licensed operators of lesser grade than normally required by the Commission's rules or for waiver of other technical requirements of operators at such stations.