graph, telephone and subscription television matters from time to time. [32 F.R. 10569, July 19, 1967] § 0.5 General description of Commission organization and operations. (a) Principal staff units. The Commission is assisted in the performance of its responsibilities by its staff, which is divided into the following principal units: (1) Office of Executive Director. (3) Office of General Counsel. (4) Broadcast Bureau. (5) Common Carrier Bureau. (6) Safety and Special Radio Services Bureau. (7) Field Engineering Bureau. (9) Review Board. (10) Office of Opinions and Review. (b) Staff responsibilities and functions. The organization and functions of these major staff units are described in detail in §§ 0.11-0.171. The defense and emergency preparedness functions of the Commission are set forth separately, beginning at 8 0.181. For a complete description of staff functions, reference should be made to these provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission's organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) So that the public may more readily inform itself concerning the operations of the Commission as a whole, concerning the staff officials who exercise responsibility over matters in which they are interested and concerning the relationship between the several staff units in such matters, however, a brief overall description of staff functions and responsibilities is set forth in this paragraph. (1) The Executive Director. The Executive Director is directly responsible to the Commission, works under the supervision of the Chairman, and assists him in carrying out the Commission's organizational and administrative responsibilities. His principal role is to see that other staff units work together and promptly dispose of the matters for which they are responsible. He is directly responsible for internal administrative matters such as personnel and budget planning, and supervises implementation of the Public Information Act of 1966. (2) The Chief Engineer and the General Counsel. Though primary responsibility in most established areas of regulation is lodged in other staff units, the Chief Engineer and the General Counsel are responsible for advising the Commission concerning any engineering or legal matter involved in the making and implementation of policy or in the decision of cases. For example, while policies relating solely to broadcasting are primarily the responsibility of the Broadcast Bureau, and the preparation of Commission opinions in hearing cases is primarily the responsibility of the Office of Opinions and Review, the Chief Engineer and the General Counsel may be called upon for advice and assistance in either area. The Chief Engineer and the General Counsel, in addition, exercise primary responsibility in areas of regulation which transcend the responsibilities of a single bureau. Thus, for example, the General Counsel is primarily responsible for the Rules of Practice and Procedure, Part 1 of this chapter, and the Chief Engineer is primarily responsible for frequency allocation and for other areas of regulation under Parts 2, 5, and 15. The General Counsel also represents the Commission in litigation in the courts and coordinates the preparation of the Commission's legislative program. Both the Chief Engineer and the General Counsel exercise responsibility in matters pertaining to international communications. (3) The operating bureaus. The principal work load operations of the Commission are conducted by the four operating bureaus. (i) Three of these bureaus: The Broadcast Bureau, Common Carrier Bureau, and Safety and Special Radio Services Bureau-exercise primary responsibility in the three principal areas of regulation into which the Commission has divided its responsibilities. The Broadcast Bureau, as its name indicates, is responsible for the regulation of broadcast stations (see Part 73 of this chapter) and related facilities (see Part 74). The Common Carrier Bureau is responsible for the regulation of communications common carriers whether carriage involves the use of wire or radio facilities (see Parts 21-66). The Safety and Special Radio Services Bureau is responsible for the regulation of all other radio stations with minor exceptions (e.g., experimental stations licensed under Part 5). These include amateur stations and numerous other categories of stations engaged in communication for safety, commercial or personal purposes (see Parts 81-99). Within its area of responsibility, each of these bureaus is responsible for developing and implementing a regulatory program; for processing applications for radio licenses or other filings; for the consideration of complaints and the conduct of investigations; for participation in Commission hearing proceedings as appropriate; and for the performance of such other functions as may be related to its area of responsibility. (ii) The fourth operating bureau: The Field Engineering Bureau-maintains field offices and monitoring stations throughout the United States. It is responsible for detecting violations of regulations pertaining to the use of radio and, in this connection, monitors radio transmissions, periodically inspects stations, and investigates complaints of radio frequency interference. It issues violation notices to the station in question, thereby affording it an opportunity to take corrective measures. If formal enforcement action is appropriate, the proceedings are conducted by the staff unit which exercises primary responsibility over the station in questionusually one of the other operating bureaus. The Field Engineering Bureau, in addition, exercises responsibility over commercial radio operator matters (see Part 13 of this chapter), antenna structures (see Part 17), and the use of radio for purposes other than communication (see Part 18). It also conducts amateur operator examinations. (4) Staff units which exercise responsibility for the decision of hearing cases. The Office of Hearing Examiners, the Review Board, and the Office of Opinions and Review exercise responsibility for the decision of hearing cases. The hearing examiners preside over hearing cases and issue initial decisions. In most cases, initial decisions are subject to review by the Revew Board, which is a permanent body composed of three or more senior Commission employees. Initial decisions may also be reviewed by one or more Commissioners designated by the Commission. In such cases, the Board or designated Commissioner(s) issues a final decision, which is subject to possible review by the Commission. In other cases, the initial decision is reviewed directly by the Commission en banc. The Office of Opinions and Review assists and advises the Commission, and any Commissioner(s) designated to review an initial decision, in the decision of cases which come before them. (5) The Secretary. With minor exceptions, the Secretary signs all correspondence and documents adopted by the Commission. He is custodian of the Commission's seal and records. He maintains records of Commission actions and the dockets of hearing proceedings, and is responsible for their accuracy, authenticity, and completeness. Except as otherwise provided in this chapter, he is the proper addressee and recipient of papers filed with the Commission. (6) Office of Information. The Office of Information is responsible for informing the public concerning actions which have been taken by the Commission and is the contact point for the press, the industry and the public in the matter of general information relating to the Commission and its activities. (7) The CATV Task Force. The CATV Task Force is responsible for the development and implementation of a regulatory program for community antenna television systems and community antenna relay stations (see Subparts J and K of Part 74 of this chapter). The licensing of related microwave radio facilities is coordinated with the Task Force by the Common Carrier Bureau and the Safety and Special Radio Services Bureau. (c) Delegations of authority to the staff. Pursuant to section 5(d) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See Subpart B of this Part. Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that he will exercise that authority in all matters subject to the delegation. In non-hearing matters, the staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's consideration, and the Commission may instruct the staff to do so. In like manner, in hearing cases, pursuant to § 0.361 (b) and (c), the Commission may direct that matters pending before the Review Board be certified to the Commission for decision, and the Board may itself certify such matters to the Commission, with a request that they be acted upon by the Commission. (d) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular weekly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings "by circulation", which involves the submission of a document to each of the Commissioners for his approval. [32 F.R. 10569, July 19, 1967, as amended at 32 F.R. 13125, Sept. 15, 1967; 33 F.R. 8227, June 1, 1968] OFFICE OF EXECUTIVE DIRECTOR § 0.11 Functions of the Office. The Executive Director is designated by the Commission and is directly responsible to the Commission under the supervision of the Chairman. He has the following duties and responsibilities: (a) To provide sustained administrative leadership and coordination of staff activities in carrying out the policies of the Commission, through overall supervision and coordination, but not control, of such staff activities. In this capacity, he coordinates the activities of policy making staff officers to assure that adequate information and recommendations in important policy areas are expeditiously considered by the staff and brought promptly to the attention of the Commission. (b) To review with the Commission and with heads of the several bureaus and offices, the program and procedures of the Commission and to make recommendations thereon as may be necessary to administer the Communications Act most effectively in the public interest. (c) To assist the Chairman in carrying out the administrative and executive responsibilities delegated to the Chairman as the administrative head of the agency and, in connection therewith, to plan, direct, coordinate, and manage the administrative affairs of the Commission with respect to the functions of personnel, budget, planning, office services, mail and files, messenger and chauffeur services, and international telecommunications settlements. (d) Under the general direction of the Defense Commissioner, and with the advice and assistance of the heads of the several bureaus and offices, the Executive Director coordinates the defense activities of the Commission, and has the following duties and responsibilities: (1) To act as Alternate Defense Coordinator in representation with other agencies with respect to planning for the continuity of the essential functions of the Commission under national emergency conditions, and serves as the alternate representative of the Commission to the Interagency Emergency Planning Committee of the Office of Emergency Planning. (2) To serve as the alternate representative of the Commission to the Interagency Civil Defense Committee of the Office of Civil Defense, Department of the Army. (3) To keep the Defense Commissioner informed as to significant developments in this area. (e) With the concurrence of the General Counsel, to interpret the rules and regulations pertaining to application filing fees. [28 F.R. 12392, Nov. 22, 1963, as amended at 29 F.R. 3202, Mar. 10, 1964; 29 F.R. 14664, Oct. 28, 1964] § 0.31 OFFICE OF CHIEF ENGINEER Functions of the Office. The Office of the Chief Engineer has the following duties and responsibilities: (a) To plan and direct broad programs to develop information on the progress of communication techniques and equipment, radio wave propagation, and new uses for communications, and to advise the Commission and bureaus in such matters. (b) To represent the Commission on various national and international organizations devoted to the progress of communications and the development of information and standards relative thereto. (c) To conduct scientific and technical studies in advanced phases of terrestrial and space communications and to conduct special projects to obtain theoretical and experimental data on new or improved techniques. (d) To develop and administer procedures to acquire, store, and retrieve scientific and technical information useful in the engineering work of the Commission. (e) To advise and represent the Commission on the allocation of radio frequencies, including international agreements pertaining to frequency allocations and usage. (f) In cooperation with the General Counsel, to render advice to the Commission, participate in and coordinate the staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule making matters and proceedings affecting more than one bureau. (g) To collaborate with the bureaus in the formulation of the technical requirements of the rules and regulations, and to advise the Commission on such matters. (h) To administer Part 5 of this chapter, including licensing, record keeping, and rule making. (1) To perform all engineering and management functions of the Commission with respect to formulating rules and regulations, technical standards, and general policies for Parts 15 and 18 of this chapter, and for type approval, type acceptance, and certification of radio equipment for compliance with the Commission's rules. The Research Division analyzes and disseminates to the Commission and the several operating bureaus, technical and scientific data relating to advanced phases of terrestrial and space communications; conducts scientific studies in wave propagation, satellite and space communications; studies technical aspects of potential new uses of radio; conducts special projects to obtain theoretical and experimental data on new or improved techniques; provides engineering assistance to the Commission and the several bureaus in the development of computer programs and automatic data processing techniques; develops procedures to acquire, store, and retrieve scientific and technical information; and maintains familiarity with relevant research activities by means of visits, conferences, and correspondence. § 0.35 Technical Division. The Technical Division develops practical applications for results of research, including research conducted by the Research Division; develops technical rules and standards for the various radio services in consultation with the bureaus concerned; conducts technical studies of equipment design and performance; acts on applications for type acceptance of equipment and issues lists of type accepted and type approved equipment; in consultation with the Chief, Broadcast Bureau, acts on applications for advance approval of subscription television technical systems and issues lists of approved subscription television technical systems; administers Part 5 of this chapter regulating the Experimental Radio Services; performs engineering and management functions with respect to formulating rules, technical standards, and general policy for Parts 15 and 18 of this chapter; performs rule making for that portion of Part 2 of this chapter relative to equipment; provides Commission representation at national and international conferences; and reviews patents as they are issued by the Patent Office to determine which patents may dominate radio services regulated by the Commission and notifies the General Counsel as to such findings. [34 F.R. 14374, Sept. 13, 1969] The Laboratory Division studies new phenomena, proposed new systems, and new equipment looking toward the greater use of radio, the reduction of interference, and the establishment of appropriate rules and regulations; participates in various intergovernmental, national, and international organizations looking toward the standardization of equipment and measuring units and methods as well as the more efficient use of the radio spectrum or the reduction of interference; designs and assembles apparatus for special tests and studies, and performs special tests and studies concerning propagation, equipment or systems, and evaluates the results of such tests or studies with regard to the Commission's problems, often looking toward new or modified rules; makes type approval tests on equipment including those equipments under Parts 15, 18, 73, 81, 83, and 95 of this chapter requiring type approval, and makes recommendations regarding type approval; provides information and comments on test procedures and test results to assist the Technical Division in its evaluation of material supporting certifications and applications for type acceptance; conducts special tests of equipments for the 50-106-71-2 Technical Division in connection with the certification and type acceptance program; studies equipment problems of data procurement and enforcement and develops, designs, and constructs equipment for use in connection with the Commission's Field Engineering Bureau activities as well as other Commission activities; standardizes and calibrates equipment and installation for the Field Engineering Bureau; and makes tests of radio devices for other Government departments. [35 F.R. 8567, June 3, 1970] § 0.37 Frequency Allocation and Treaty Division. The Frequency Allocation and Treaty Division makes continuing studies of new technical developments affecting frequency requirements and of utilization of the frequencies between the several radio services to establish their allocation requirements; proposes adjustments. in the Table of Frequency Allocation when necessary; provides Commission representation on, and coordination with, the Interdepartment Radio Advisory Committee and, as may be required, on other national and international telecommunication bodies; COordinates frequency allocation policy matters involving government users of radio with the Office of Emergency Planning; maintains the Commission's master frequency record of assignments. made; notifies United States frequency assignments to the International Frequency Registration Board of the International Telecommunication Union; performs staff functions relating to international communications conferences and agreements having to do with frequency allocation and assignment; and communicates as necessary with administrations in foreign countries, through appropriate channels, concerning matters which relate to assignment of radio frequencies and to control of radio interference. |