radio research installations Office of Engineering and Technology.

(10) To act on all applications for authorization, petitions for special relief, petitions to deny, waiver requests, objections, complaints, and requests for declaratory rulings and stays in the Cable Television Services, unless novel questions of fact, law or policy are involved which cannot be resolved under existing precedents and guidelines.

(b) With respect to non-routine applications granted under authority delegated in §0.283 of this part, the Chief, Mass Media Bureau or his designees, shall enter on the working papers associated with each application a narrative justification of the action taken. While not available for public inspection, these working papers shall, upon request, be made available to the Commissioners and members of their staffs.

(c) The Chief, Mass Media Bureau, shall prepare and submit to the Commission a quarterly statistical summary of actions taken during the preceding quarter under authority delegated to him in §0.283 of this part. The statistical summary shall be accompanied by a statement of industry trends apparent in the staff handling of non-routine matters during the same quarter.

[47 FR 47829, Oct. 28, 1982; 47 FR 56852, Dec. 21, 1982, as amended at 51 FR 12615, Apr. 14, 1986; 52 FR 5288, Feb. 20, 1987; 53 FR 29055, Aug. 2, 1988]

$0.285 Record of actions taken.

The history card, the station file, and other appropriate files are designated to be the official record of the action taken by the Chief of the Mass Media Bureau.

[47 FR 47829, Oct. 28, 1982]

CHIEF, COMMON CARRIER BUREAU

§ 0.291 Authority delegated.

The Chief, Common Carrier Bureau, is hereby delegated authority to perform all functions of the Bureau, described in §0.91, subject to the following exceptions and limitations.

(a) Authority concerning applications. (1) The Chief, Common Carrier Bureau shall not have authority to act on any formal or informal radio applications or section 214 applications for common

carrier services which are in hearing status.

(2) The Chief, Common Carrier Bureau shall not have authority to act on any applications or requests which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines.

(b) Authority concerning section 220 of the Act. The Chief, Common Carrier Bureau shall not have authority to promulgate regulations or orders prescribing permanent depreciation rates for common carriers, or to prescribe interim depreciation rates to be effective more than one year, pursuant to section 220 of the Communications Act of 1934, as amended.

(c) Authority concerning section 221(a) of the Act. (1) The Chief, Common Carrier Bureau shall not have authority to determine whether hearings shall be held on applications filed under section 221(a) of the Communications Act of 1934, as amended, where a request has been made by a telephone company, an association of telephone companies, a State Commission or local government authority.

(2) The Chief, Common Carrier Bureau shall not have authority to act upon applications filed under section 221(a) of the Communications Act of 1934, as amended, where the proposed expenditure for consolidation, acquisition or control is in excess of $10 million.

(3) The Chief, Common Carrier Bureau shall not have authority to act upon any application, petition or request under section 221(a) of the Communications Act of 1934, as amended, which presents novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines.

(d) Authority concerning non-common carrier satellite systems. The Chief, Common Carrier Bureau shall not have authority to determine whether a construction permit shall be granted for a non-common carrier satellite system, or any part thereof, where the construction costs are in excess of $10 million.

(e) Authority to designate for hearing. The Chief, Common Carrier Bureau shall not have authority to designate for hearing any formal complaints

which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents or guidelines. The Chief, Common Carrier Bureau shall not have authority to designate for hearing any applications except: (1) Applications for radio facilities filed pursuant to Parts 21, 22, 23 and 25 of this chapter which are mutually exclusive and (2) applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines.

(f) Authority concerning forfeitures. The Chief, Common Carrier Bureau shall not have authority to impose, reduce or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $20,000.

(g) Authority concerning applications for review. The Chief, Common Carrier Bureau shall not have authority to act upon any applications for review of actions taken by the Chief, Common Carrier Bureau, pursuant to any delegated authority.

(h) Authority concerning Rule Making and investigatory proceedings. The Chief, Common Carrier Bureau shall not have authority to issue notices of Proposed Rulemaking, notices of inquiry or to issue reports or orders arising from either of the foregoing, except that the Chief, Common Carrier Bureau shall have authority to issue and revise a manual on the details of the reporting requirements for international common carriers set forth in § 43.61(d) of this chapter.

(1) Authority concerning public coast stations in the maritime service. The Chief, Common Carrier Bureau, shall have authority to act on matters affecting public coast stations in the maritime service which concern tariffs and rates, terms of interconnection, and applications for closure pursuant to section 214 of the Communications Act.

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303; secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)

[44 FR 18501, Mar. 28, 1979; 44 FR 22078, Apr. 13, 1979, as amended at 45 FR 22945, Apr. 4,

1980; 45 FR 25399, Apr. 15, 1980; 45 FR 31723, May 14, 1980; 48 FR 23431, May 25, 1983; 49 FR 6908, Feb. 24, 1984; 50 FR 18489, May 1, 1985; 51 FR 13230, Apr. 18, 1986; 52 FR 35918, Sept. 24, 1987; 55 FR 30461, July 26, 1990; 57 FR 8579, Mar. 11, 1992; 57 FR 22181, May 27, 1992]

$0.301 Authority delegated jointly to Chiefs of Common Carrier and Private Radio Bureaus.

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

[45 FR 25399, Apr. 15, 1980]

$0.302 Record of actions taken.

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

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303)

[40 FR 7452, Feb. 20, 1975. Redesignated at 44 FR 18501, Mar. 28, 1979, and amended at 44 FR 39180, July 5, 1979]

$0.303 Authority concerning registration of telephone terminal equipment.

Authority is delegated to the Chief of the Common Carrier Bureau jointly in cooperation with the Chief Engineer to act upon applications for registration of equipment to be directly connected to the telephone network; Provided, however, That the Chief, Common Carrier Bureau shall exercise overall policy direction of the program, with appropriate consultation with the Chief Engineer (For record of actions taken under this section, see §0.247).

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303)

[41 FR 7750, Feb. 20, 1976. Redesignated at 44 FR 18501, Mar. 28, 1979, and amended at 44 FR 39180, July 5, 1979; 51 FR 12615, Apr. 14, 1986]

FIELD OPERATIONS BUREAU

$0.311 Authority delegated.

The performance of functions and activities described in §0.111 is delegated to the Chief, Field Operations Bureau, provided that:

(a) The following matters shall be referred by the Chief, Field Operations Bureau to the Commission en banc for disposition:

(1) Notices of proposed rulemaking and of inquiry and final orders in rulemaking and inquiry proceedings.

(2) Applications for review of actions taken pursuant to delegated authority. (See §1.115 of this chapter).

(3) Petitions and other requests for waiver of Commission rules, whether or not accompanied by an application, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(4) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(5) Any other petition, pleading, or request presenting new or novel questions of fact, law, or policy, which cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or offices.

(6) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or offices.

(b) The Chief and the Deputy Chief of the Field Operations 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.

(c) Rulings and orders concerning radio operator matters in a hearing

status shall not be made by the Chief, Field Operations Bureau.

(d)(1) The Chief of the Field Operations Bureau is authorized to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures, pursuant to §1.80 of this chapter, if the amount set out in the notice of apparent liability is $20,000 or less. The Chief of the Field Operations Bureau is authorized to further delegate this authority.

(2) The Chief of the Field Operations Bureau is authorized to issue citations pursuant to §1.80(d) of this chapter and to further delegate this authority.

(e) The Chief of the Field Operations Bureau is authorized to make determinations and notifications of the presence of harmful interference to radio communications involving safety of life or protection of property which requires temporary suspension of operation under §74.23 of this chapter. Upon invoking the authority granted pursuant to this section, the Chief of the Field Operations Bureau shall immediately inform the Chairman of the Commission.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)

[40 FR 17254, Apr. 18, 1975, as amended at 47 FR 1395, Jan. 13, 1982; 48 FR 37414, Aug. 18, 1983; 50 FR 37189, Sept. 12, 1985; 57 FR 18088, Apr. 29, 1992; 58 FR 13020, Mar. 9, 1993]

§ 0.314 Additional authority delegated.

The Engineer in Charge at each installation is delegated authority to act upon applications, requests, or other matters, which are not in hearing status, and direct the following activities necessary to conduct investigations or inspections:

(a) (b) [Reserved]

(c) On informal requests from broadcast stations to extend temporary authority for operation without monitors, plate ammeter, plate voltmeter, base current meter, common point meter, and transmission line meter from FM and television stations.

(d) [Reserved]

(e)(1) For periodic survey as required by section 385 of the Communications Act of 1934, as amended, and issuance of Communications Act radiotelephony certificates in accordance with §80.903 of this chapter.

(2) Extend the Communications Act Safety Radiotelephony Certificate for a period of up to 90 days beyond the specified expiration date.

(3) Grant emergency exemption requests, extensions or waivers of inspection to ships in accordance with applicable provisions of the Communications Act, the Safety Convention, the Great Lakes Agreement or the Commission's rules.

(f) [Reserved]

(g) To act on and make determinations on behalf of the Commission regarding requests for assignments and reassignments of priorities under the Telecommunications Service Priority System, Part 64 of the rules, when circumstances require immediate action and the common carrier seeking to provide service states that it cannot contact the National Communications System or the Commission office normally responsible for such assignments.

(h) Require special equipment and program tests during inspections or investigations to determine compliance with technical requirements specified by the Commission.

(i) Require stations to operate with pre-sunrise and nighttime facilities during daytime hours in order that an inspection or investigation may be made by an authorized Commission representative to determine operating parameters.

(j) For ship radio inspection and certification of the ship radio license, pursuant to the requirements of section 362(b) of the Communications Act of 1934, as amended.

(k) Issue a Safety Radiotelegraphy Certificate or a Safety Radiotelephony Certificate in accordance with the terms of Regulations 12 and 13, Chapter I, of the Safety Convention.

(1) For inspection or periodical survey as required by Article 11 of the Great Lakes Agreement and certification prescribed by Articles 12 and 13 thereof.

(m) Issuances of notices and orders to operators of industrial, scientific, and medical (ISM) equipment, as provided in § 18.115 of this chapter.

(n) Requests for permission to resume operation of ISM equipment on a temporary basis, as provided by § 18.115

of this chapter, and requests for extensions of time within which to file final reports, as provided by §18.117 of this chapter.

(0)-(w) [Reserved]

(x) When deemed necessary by the Engineer-in-Charge of a Commission field facility to assure compliance with the Rules, a station licensee shall maintain a record of such operating and maintenance records as may be necessary to resolve conditions of interference or deficient technical operation.

(Secs. 4, 5, 303, 307, 308, 309, 48 Stat., as amended, 1066, 1068, 1082, 1083, 1084, 1085; 47 U.S.C. 154, 303, 307, 308, 309)

[28 FR 12402, Nov. 22, 1963, as amended at 36 FR 8871, May 14, 1971; 40 FR 17254, Apr. 18, 1975; 42 FR 3167, Jan. 17, 1977; 43 FR 25122, June 9, 1978; 46 FR 35460, July 8, 1981; 48 FR 23432, May 25, 1983; 48 FR 26607, June 9, 1983; 48 FR 37414, Aug. 18, 1983; 50 FR 36067, Sept. 5, 1985; 51 FR 20290, June 4, 1986; 51 FR 31304, Sept. 2, 1986; 53 FR 29055, Aug. 2, 1988; 53 FR 47536, Nov. 23, 1988; 58 FR 13020, Mar. 9, 1993] $0.317 Record of action taken.

The application, authorization, and other appropriate central files of the Field Operations Bureau are designated as the Commission's official records of action taken pursuant to authority delegated under §§0.311 and 0.314, and shall constitute the official Commission minutes entry of such actions.

[40 FR 17254, Apr. 18, 1975]

CHIEF, PRIVATE RADIO BUREAU $0.331 Authority delegated.

The performance of functions and activities described in §0.131 of this part is delegated to the Chief, Private Radio Bureau, provided that:

(a) The following matters shall be referred by the Chief, Private Radio Bureau to the Commission en banc for disposition:

(1) Notices of proposed rulemaking and of inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such orders involving non-substantive revisions to the rules, or orders involving changes clarifying a rule based on established Commission precedent, or conforming one rule within part 1, subpart F, part

13, part 17 and parts 80 through 97 with another rule or conforming any of these rules to formally adopted international convention or agreement where novel questions of policy or law are not involved. Also, the addition of new Marine VHF frequency coordinating committee(s) to §80.514 of the Rules need not be referred to the Commission if they do not involve novel questions of policy or law.

(2) Petitions for review of actions taken pursuant to delegated authority. (See §1.115 of this chapter.)

(3) Petitions and other requests for waivers of Commission rules, whether or not accompanied by an application, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(4) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments, which appear to justify a change in Commission policy.

(5) Any other petition, pleading, or request presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(6) Proposed public notices expressing new or novel Commission policy, interpreting the provisions of law, regulations, or treaties, or warning licensees in the Private Radio Services as to certain types of violations.

(7) Proposed U.S. positions to be transmitted to the Department of State for international meetings of telecommunications entities.

(8) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(9) Authority to issue a notice of opportunity for hearing pursuant to §1.80(g) of this chapter; and authority to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under $1.80(f) of this chapter if the amount set out in the notice of apparent liability is more than $20,000.

(b) Rulings and orders concerning matters in a hearing status shall not be made by the Chief, Private Radio Bureau.

(c) The Chief, Private Radio Bureau is delegated authority to:

(1) 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 and around Puerto Rico and Miami, Fla., and to issue licenses bearing appropriate restrictions to those applicants found qualified.

(2) Act on requests for waiver of the written examination requirements of §§ 13.21, 13.22 and 13.23 of this chapter and to authorize oral examinations in lieu thereof.

(3) Act on requests by blind applicants to appear at the appropriate field office for a radiotelephone license examination. (See §§ 13.11 and 13.23 of this chapter.)

(d) The Chief Private Radio Bureau, or designee, is delegated authority to execute, in the name of the Commission, agreements pertaining to certification and employment of services of organizations found qualified to be amateur service club and military recreation station call sign administrators.

[40 FR 4423, Jan. 30, 1975, as amended at 44 FR 5436, Jan. 26, 1979; 44 FR 37180, July 5, 1979; 54 FR 1177, Jan. 12, 1989; 56 FR 6583, Feb. 19, 1991; 56 FR 9752, Mar. 7, 1991; 56 FR 43648, Sept. 3, 1991; 57 FR 18089, Apr. 29, 1992; 58 FR 13020, Mar. 9, 1993; 58 FR 30717, May 27, 1993]

§ 0.332 Actions taken under delegated authority.

In discharging the authority conferred by §0.331, the Chief, Private Radio Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility:

(a) Complaints arising under section 605 of the Communications Act-Office of General Counsel.

(b) Matters involving international coordination, World Administrative Radio Conferences, U.S. positions and preparation for international meetings of telecommunications entities-Office having primary responsibility for the matter.