CHAPTER I—FEDERAL COMMUNICATIONS SUBCHAPTER A—GENERAL 0 Commission organization 4 1 Practice and procedure 78 2 Frequency allocations and radio treaty matters; general rules and regulations 284 5 Experimental radio services (other than broadcast) 513 13 Commercial radio operators 528 15 Radio frequency devices 536 17 Construction, marking, and lighting of antenna structures 583 18 Industrial, scientific, and medical equipment 603 19 Employee responsibilities and conduct 610 SUPPLEMENTAL PUBLICATIONS: Annual Reports of the FCC to Congress. Communications Act of 1934 (with amendments and index thereto). Recap. Version to May 1989. Study Guide and Reference Material for Commercial Radio Operator Examinations, May 1987 edition. SUBCHAPTER A-GENERAL PART 0-COMMISSION Subpart A—Organization Sec. 0.1 The Commission. 0.5 General description of Commission orga- Office Of Managing Director Office Of Inspector General Office Of Public Affairs Office Of Legislative Affairs Office Of Plans And Policy Office Of Engineering And Technology Office Of General Counsel Office Of International Communications Mass Media Bureau Common Carrier Bureau Field Operations Bureau 0.111 Functions of the Bureau. Private Radio Bureau Office Of Administrative Law Judges Defense And Emergency Preparedness 0.181 The Defense Commissioner. 0.182 Managing Director. 0.183 Emergency Communications Adminis- 0.185 Responsibilities of the bureaus and 0.186 Emergency Relocation Board. Subpart B-Detegations of Authority 0.201 General provisions. 0.203 Authority of person, panel, or board to which functions are delegated. Commissioners 0.211 Chairman. 0.212 Board of Commissioners. 0.218 Authority of, and delegated to, an In- Managing Director Chief Engineer 0.241 Authority delegated. General Counsel Office Of Plans And Policy Chief, Mass Media Bureau 0.283 Authority delegated. Chief, Common Carrier Bureau 0.291 Authority delegated. 0.301 Authority delegated jointly to Chiefs of Common Carrier and Private Radio Bureaus. 0.302 Record of actions taken. telephone terminal equipment. Field Operations Bureau 0.311 Authority delegated. 0.314 Additional authority delegated. 0.317 Record of action taken. Chief, Private Radio Bureau 0.331 Authority delegated. 0.333 Authority delegated jointly to the Chief of the Common Carrier and Private Radio Bureaus. Chief of the Private Radio Bureau and the Chief Engineer. ADMIN1STRATIVF, LAW JUDGES 0.341 Authority of administrative law judge. CHIEF ADMINISTRATIVE LAW JUDGE 0.361 Authority delegated. Review Board 0 361 General authority. 0.366 Authority delegated. National Security And Emergency 0 381 Defense Commissioner. o 383 Emergency Relocation Board, author- 0 387 Other national security and emer- Subport C—G*noral Information 0.401 Location of Commission offices. 0.403 Office hours. 0.406 Statutory provisions. 0.408 The rules and regulations. 0.408 OMB control numbers assigned pursu- 0.409 Communication policy on private Printed Publications 0.411 General reference materials. 0.413 The Commission's printed publica- 0.414 The Communications Act and other 0.416 The rules and regulations (looseleaf 0.416 The Federal Communications Commis- 0.417 The Annual Reports. 0.4X Other Commission publications. Forms And Documents Available Upon 0.421 Application forms. 0.422 Current action documents and public notices. Lists Containing Information Compiled By 0.431 The FCC service frequency lists. 0.433 The radio equipment lists. 0.434 Data bases and lists of authorized broadcast stations and pending broadcast applications. Public Information And Inspection Of 0.441 General. 0.442 Disclosure to other Federal govern- 0.443 General information office. 0.445 Publication, availability and use of 0.461 Inspection of records: Generally. 0.463 Public reference rooms. 0.455 Other locations at which records may 0.457 Records not routinely available for 0.459 Requests that materials or informa- 0.480 Requests for inspection of records 0.461 Requests for inspection of materials 0.463 Demand by competent authority for 0.465 Request for copies of materials which 0.466 Definitions 0.467 Search fee. 0.468 Interest. 0.469 Advance payments. 0.470 Assessment of fees. Places For Making Submtttalb Or Re- 0.471 Miscellaneous submlttals or requests. 0.473 Reports of violations. 0.475 Applications for employment. 0.481 Place of filing applications for radio 0.482 Application for waiver of private radio 0.483 Applications for amateur or commer- 0.484 Amateur radio operator examinations. 0.486 Commercial radio operator examina- 0.486 Application for amateur service club 0.489 Applications for ship radio Inspection 0.491 Applications for exemption from compulsory ship radio requirements. 0.493 Non-radio common carrier applications. Subport D-Mandotory Deckmtflcarton of National Security Information 0.501 General. 0.502 Purpose. 0.503 Submission of requests for mandatory declasslficatlon review. 0.504 Processing requests for declasslficatlon. 0.505 Fees and charges. 0.506 FOIA and Privacy Act requests. Subpott E-Prtvocy Act Regulations 0.551 Purpose and scope; definitions. 0.552 Notice Identifying Commission systems of records. 0.553 New uses of Information. 0.554 Procedures for requests pertaining to individual records in a system of records. 0.555 Disclosure of record Information to Individuals. 0.556 Request to correct or amend records. 0.557 Administrative review of an initial decision not to amend a record. 0.556 Advice and assistance. 0.559 Disclosure of disputed information to persons other than the individual to whom It pertains. 0.560 Penalty for false representation of identity. 0.561 Exemptions. Subpart F—Meeting Procedures 0.601 Definitions. 0.602 Open meetings. 0.603 Bases for closing a meeting to the public. 0.605 Procedures for announcing meetings. 0.606 Procedures for closing a meeting to the public. 0.607 Transcript, recording or minutes; availability to the public. Authority: Sec. 5. 48 Stat. 1068, as amended; 47 U.S.C. 155, 225. unless otherwise noted. Subpart A—Organization Authority: Sees. 5, 48 Stat. 1068, as amended; 47 U.S.C. 165. General $0.1 The Commission. The Federal Communications Commission is composed of five (5) members who are appointed by the president subject to confirmation by the Senate. Normally, one Commissioner is appointed or reappointed each year, for a term of five (5) years. [53 FR 29054, Aug. 2. 1988] 5 0.3 The Chairman. (a) One of the members of the Commission is designated by the President to serve as Chairman, or chief executive officer, of the Commission. As Chairman, he has the following duties and responsibilities: (1) To preside at all meetings and sessions of the Commission. (2) To represent the Commission in all matters relating to legislation and legislative reports; however, any other Commissioner may present his own or minority views or supplemental reports. (3) To represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies. (4) To coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the Jurisdiction of the Commission. (b) The Commission will, in the case of a vacancy in the Office of the Chairman of the Commission, or in the absence or inability of the Chairman to serve, temporarily designate one of its members to act as Chairman until the cause or circumstance requiring such designation has been eliminated or corrected. [32 FR 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 Managing Director. (2) Office of Engineering and Technology. (3) Office of General Counsel. (4) Office of Plans and Policy. (5) Office of Public Affairs. (6) Office of Legislative Affairs. (7) Office of Administrative Law Judges. (8) Review Board. (9) Office of Inspector General. (10) Mass Media Bureau. (11) Common Carrier Bureau. (12) Private Radio Bureau. (13) Office of International Communications. (b) Staff responsibilities and functions. The organization and functions of these major staff units are described in detail in §§0.11 through 0.161. The defense and emergency preparedness functions of the Commission are set forth separately, beginning at §0.181. For a complete description of staff functions, reference should be made to those 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.) (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 monthly 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. (Sees. 4(1), 303(r) and 5(c)(1). Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283) [32 FR 10569, July 19, 1967; as amended at 55 FR 1676, Jan. 18. 1990; 55 FR 6797, Feb. 27, 1990] Editorial Note: For Federal Register citations affecting §0.5, see the List of CFR Sections Affected In the Finding Aids section of this volume. Office Of Managing Director § 0.11 Functions of the Office. (a) The Managing Director Is appointed by the Chairman with the approval of the Commission. Under the supervision and direction of the Chairman, the Managing Director shall serve as the Commission's chief operating and executive official with the following duties and responsibilities: (1) Provide managerial leadership to and exercise supervision and direction over the Commission's Bureaus and Offices with respect to management and administrative matters but not substantive regulatory matters such as regulatory policy and rule making, authorization of service, administration of sanctions, and adjudication. (2) Formulate and administer all management and administrative policies, programs, and directives for the Commission consistent with authority delegated by the Commission and the Chairman and recommend to the Chairman and the Commission major changes in such policies and programs. (3) Assist the Chairman in carrying out the administrative and executive responsibilities delegated to the Chairman as the administrative head of the agency. (4) Advise the Chairman and Commission on management, administrative. |