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(c) Requests for waiver of tower 80.337 Record of actions taken. painting and lighting specifications
The history card pertaining to a cerField Operations Bureau.
tain station is designated to be the of(d) Matters involving emergency
ficial record of the action taken by the communications Office of Managing Chief, Private Radio Bureau, in pursuDirector.
ance of the authority delegated to him (e) Complaints involving equal em- in $0.331 or jointly to him and the ployment opportunities Office of Gen- Chief, Common Carrier Bureau, in eral Counsel.
$0.333. In cases where no history card is (1) Requests for use of frequencies or prepared, the application and authorbands of frequencies shared with broad- ization file pertaining to the station in cast, common carrier, or government question is designated to be the official services Office of Engineering and record of the action taken by the Chief Technology and appropriate operating of the Bureau, or by him jointly with bureau.
the Chief of the Common Carrier Bu(8) Requests involving coordination reau. with other Federal or state agencies or
(33 FR 8228, June 1, 1968, as amended at 40 FR foreign government when appropriate 4423, Jan. 30, 1975; 44 FR 39180, July 5, 1979) Office of General Counsel, Office of Engineering and Technology or operating
ADMINISTRATIVE LAW JUDGES bureau.
$0.341 Authority of administrative law (h) Requests for emergency ship ex
judge. emptions-Chief, Field Operations Bureau.
(a) After an administrative law judge (1) Proposals involving possible
has been designated to preside at a harmful impact on radio astronomy or
hearing and until he has issued an ini
tial decision or certified the record to radio research installations Office of Engineering and Technology.
the Commission for decision, or the
proceeding has been transferred to an(40 FR 4423, Jan. 30, 1975, as amended at 44 other administrative law judge, all moFR 11070, Feb. 27, 1979; 44 FR 39180, July 5, tions, petitions and other pleadings 1979; 50 FR 27953, July 9, 1985; 51 FR 12615, shall be acted upon by such adminisApr. 14, 1986; 51 FR 20290, June 4, 1986; 52 FR
trative law judge, except the following: 5288, Feb. 20, 1987)
(1) Those which are to be acted upon $0.333 Authority delegated jointly to
by the Commission. See $1.291(a)(1) of the Chief of the Common Carrier
this chapter. and Private Radio Bureaus.
(2) Those which are to be acted upon
by the Chief Administrative Law Judge Authority is delegated jointly to the under $0.351. Chief of the Common Carrier Bureau
(b) Any question which would be and the Chief of the Private Radio Bu
acted upon by the administrative law reau to act upon applications involving judge if it were raised by the parties to common carrier matters in the aero- the proceeding may be raised and acted nautical mobile service, and in the upon by the administrative law judge fixed service in Alaska.
on his own motion. (45 FR 25399, Apr. 15, 1980)
(c) Any question which would be
acted upon by the Chief Administrative $0.335 Authority delegated jointly_to Law Judge, the Review Board or the
the Chief of the Private Radio Bu- Commission, if it were raised by the reau and the Chief Engineer.
parties, may be certified by the adminAuthority is delegated jointly to the
istrative law judge, on his own motion, Chief of the Private Radio Bureau and
to the Chief Administrative Law the Chief Engineer to review and ac
Judge, the Review Board or the Com
mission, as the case may be. cept regional plans submitted and modifications thereto as required
(d) In the conduct of routine broadunder the public safety National Plan
cast comparative hearings involving adopted in General Docket 87–112.
applicants for only new facilities, i.e.,
cases that do not involve numerous ap (53 FR 1023, Jan. 15, 1968)
plicants and/or motions to enlarge issues, the presiding administrative law is scheduled to begin in the District of judge shall make every effort to con- Columbia or where the hearing is clude the case within nine months of scheduled to begin at a field location the release of the hearing designation and all appropriate proceedings at that order. In so doing, the presiding judge
location have not been completed. (See will make every effort to release an
$1.253 of this chapter.) However, if all initial decision in such cases within 90
parties to a proceeding concur in holddays of the filing of the last responsive
ing all hearing sessions in the District pleading (e) Upon assignment by the Chief Ad
of Columbia rather than at any field loministrative Law Judge, Administra
cation, the presiding administrative tive Law Judges, including the Chief
law judge may act on the request. Judge, will act as settlement judges in
(e) In the absence of the administraappropriate cases. See 47 CFR 1.244 of tive law judge who has been designated this chapter.
to preside in a proceeding, to discharge
the administrative law judge's func(29 FR 6442, May 16, 1964, as amended at 37
tions. FR 19372, Sept. 20, 1972; 41 FR 14870, Apr. 8, 1976; 56 FR 792, Jan. 9, 1991)
(1) All pleadings filed, or matters
which arise, after a proceeding has 80.347 Record of actions taken.
been designated for hearing, but before The official record of all actions a law judge has been designated, which taken by an Administrative Law would otherwise be acted upon by the Judge, including initial and rec- law judge, including all pleadings filed, ommended decisions and actions taken or matters which arise, in cease and depursuant to $0.341, is contained in the sist and/or revocation proceedings prior original docket folder, which is main- to the designation of a presiding offitained by the Secretary in the Dockets
(8) All pleadings (such as motions for (39 FR 37061, Oct. 17, 1974)
extension of time) which are related to
matters to be acted upon by the Chief CHIEF ADMINISTRATIVE LAW JUDGE
Administrative Law Judge. 80.351 Authority delegated.
(h) If the administrative law judge
designated to preside at a hearing beThe Chief Administrative Law Judge
comes unavailable, to order a rehearing shall act on the following matters in
or to order that the hearing continue proceedings conducted by hearing examiners:
before another administrative law (a) Initial specifications of the time
judge and, in either case, to designate and place of hearings where not other
the judge who is to preside. wise specified by the Commission and
(1) The consolidation of related proexcepting actions under authority dele- ceedings pursuant to $1.227(a) of this gated by $0.296.
chapter, after designation of those pro(b) Designation of the hearing exam- ceedings for hearing. iner to preside at hearings.
(29 FR 6443, May 16, 1964, as amended at 37 (c) Orders directing the parties or
FR 19372, Sept. 20, 1972; 38 FR 30559, Nov. 6, their attorneys to appear at a specified
1973; 43 FR 49307, Oct. 23, 1978; 44 FR 76295, time and place before the hearing ex
Dec. 26, 1979) aminer for an initial prehearing conference in accordance with $1.251(a) of 80.357 Record of actions taken. this chapter. (The administrative law judge named to preside at the hearing
The official record of all actions may order an initial prehearing con
taken by the Chief Administrative Law ference although the Chief Administra
Judge in docketed proceedings pursutive Law Judge may not have seen fit ant to $0.351 is contained in the origito do so and may order supplementary nal docket folder, which is maintained prehearing conferences in accordance by the Secretary in the Dockets with $1.251(b) of this chapter.)
Branch. (d) Petitions requesting a change in
(39 FR 37061, Oct. 17, 1974) the place of hearing where the hearing
lished policies of the Commission. In reviewing initial decisions referred to it, the Review Board is authorized to perform all of the review functions which would otherwise have been performed by the Commission under $81.273 through 1.282 of this chapter.
(b) The Board shall adopt a decision within 180 days after the release date of an Initial Decision to which exceptions are taken; provided, however, that where, for good cause shown, extensions of time are requested by the parties and granted, the 180 days shall be extended likewise. If the Board does not adopt a decision before the appropriate date, any party may file a motion with the Commission for certification of the case for decision.
(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) (46 FR 58681, Dec. 3, 1981)
80.381 General authority.
(a) The Review Board is constituted pursuant to section 5(d)(1) of the Communications Act of 1934, as amended, to review decisions of the Administrative Law Judges in all adjudicative proceedings unless at the time of designation, the Commission specifies otherwise. The Board shall also perform those functions set forth in $80.362 through 0.365 of this part and any additional duties assigned by the Commission not inconsistent with these functions.
(b) The Board is composed of three or more Commission employees. Members of the Board are designated by the Commission, serve indefinitely on full-time basis, and are responsible only to the Commission. Neither the Commission nor any of its members will discuss the merits of any matter pending before the Board with the Board or any of its members.
(c) Two members of the Board shall constitute a quorum. The Board may sit in panels of two members. Any member assigned to a case who is not present at oral argument may, after reading the transcript of oral argument, participate in the Board's decision. However, so far as practicable, all of the members of the Board assigned to a case shall hear oral argument. In the case of a tie vote, a member of the Board not recused may review the record and vote; if a third member is not available, the case shall be certified to the Commission for decision.
(d) The member of the Board designated as Chairman by the Commission shall assign panels and cases on a rotational basis to the extent practicable. Each opinion of the Review Board will be signed by one of its members, who shall be responsible for its preparation. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) (46 FR 58681, Dec. 3, 1981) $0.362 Action on initial decisions.
(a) The Review Board shall decide each matter before it by majority vote in accordance with the Communications Act of 1934, as amended, rules and regulations, case precedent, and estab
$0.363 Certification of matters to the
Commission. (a) The Review Board, on its own motion or upon motion to the Board by any party, may in its discretion certify any matter to the Commission with a request that the Commission act upon the matter. The Commission may act upon the matter or remand it to the Board for decision.
(b) Whenever the Commission determines that a matter pending before the Board involves a novel issue of law or policy, it may, on its own motion, direct that the matter before the Board be certified to the Commission for decision. However, no petition requesting the Commission to take such action will be entertained. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) (46 FR 58681, Dec. 3, 1981)
80.365 Authority delegated.
(a) The Review Board is delegated general authority to take such action as may be necessary to perform those duties specified in $80.361 through 0.363 of this part.
(b) The Review Board is delegated specific authority in all adjudicative cases to act on exceptions to initial or summary decisions, appeals from other rulings of Administrative Law Judges pursuant to $ 1.301 and 1.302 of this
chapter, and all related pleadings filed (28 FR 12402, Nov. 22, 1963, as amended at 33 in cases or matters which are before FR 8228, June 1, 1968; 53 FR 29055, Aug. 2, the Board.
1988) (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 80.387 Other national security and 1082, 1083; 47 U.S.C. 154, 303, 307)
emergency preparedness delega[46 FR 58682, Dec. 3, 1981)
tions; cross reference.
(a) For authority of the Chief of the 80.367 Record of actions taken.
Mass Media Bureau to issue Emergency The official record of all actions Broadcast System Authorizations (FCC taken by the Review Board pursuant to Form 392), see $80.284(a)(4) and 73.913. $80.361-0.365 is contained in the original (b) For authority of the Chief and docket folder, which is maintained by Deputy Chief of the Field Operations the Secretary in the Dockets Branch. Bureau to declare a general commu
nications emergency, see $0.311. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 164, 303, 307)
[28 FR 12411, Nov. 22, 1963, as amended at 40 (46 FR 58682, Dec. 3, 1981)
FR 17254, Apr. 18, 1975; 53 FR 29055, Aug. 2,
1988; 54 FR 15195, Apr. 17, 1989) NATIONAL SECURITY AND EMERGENCY PREPAREDNESS DELEGATIONS
Subpart C-General Information 80.381 Defense Commissioner.
GENERAL The authority delegated to the Commission under Executive Order 11490 is
80.401 Location of Commission offices. redelegated to the Defense Commis- The Commission maintains several sioner.
offices and receipt locations. Applica
tions and other filings not submitted in [41 FR 31210, July 27, 1976)
accordance with the addresses or loca80.383 Emergency Relocation Board,
tions set forth below will be returned authority delegated.
to the applicant without processing.
When an application or other filing (a) During any period in which the does not involve the payment of a fee, Commission is unable to function be- the appropriate filing address or locacause of the circumstances set forth in tion is established elsewhere in the $0.186(b), all work, business or func- rules for the various types of submistions of the Federal Communications sions made to the Commission. The Commission arising under the Commu- public should identify the correct filing nications Act of 1934, as amended, is as- location by reference to these rules. signed and referred to the Emergency Applications or submissions requiring Relocation Board.
fees must be submitted in accordance (b) The Board, acting by a majority with $0.401(b) of the rules irrespective thereof, shall have the power and au- of the addresses that may be set out thority to hear and determine, order, elsewhere in the rules for other submiscertify, report or otherwise act as to sions. any of the said work, business or func- (a) General correspondence, as well tions so assigned or referred to it, and as applications and filings not requirin respect thereof shall have all the ju- ing the fees set forth at part 1, subpart risdiction and powers conferred by law G of the rules (or not claiming an exupon the Commission, and be subject emption, waiver or deferral from the to the same duties and obligations. fee requirement), should be delivered
(c) Any order, decision or report to one of the following locations. made or other action taken by the said (1) The main office of the CommisBoard in respect of any matters so as- sion is located at 1919 M Street, NW., signed or referred shall have the same Washington, DC. effect and force, and may be made, evi- (1) Documents submitted by mail to denced, and enforced in the same man- this office should be addressed to: Fedner, as if made or taken by the Com- eral Communications Commission, mission.
Washington, DC 20654.
(ii) Hand-carried documents should filings will be established in the Public be delivered to the Secretary's Office, Notice announcing the filing dates. In 1919 M Street, NW., Room 222, Washing- all other cases, applications and filings ton, DC.
submitted by mail should be sent to (2) The Commission's laboratory is the addresses listed in the appropriate located near Columbia, Maryland. The fee rules: Section 1.1102 for Private mailing address is: Authorizations and Radio Services and Radio Operator ExEvaluation Division, Federal Commu- aminations; $1.1103 for Equipment Ap nications Commission Laboratory, 7435 provals, Experimental Radio ApplicaOakland Mills Road, Columbia, MD tions and Ship Inspections; $ 1.104 for 21045.
Mass Media Services; and $1.105 for (3) The Commission also maintains Common Carrier Services. offices at Gettysburg, PA. (1) The mailing address of the Private
NOTE: Private radio applications that re
quire frequency coordination must be subRadio Bureau Licensing Division is:
mitted to the appropriate certified frequency Federal Communications Commission,
coordinator before filing with the Commis1270 Fairfield Road, Gettysburg, PA sion. After coordination, the applications are 17325–7245.
filed with the Commission as set for herein. (ii) The mailing address of the Inter- (See 88 90.127 and 90.175 of the rules) national Telecommunications Section
(2) Applications and other filings of the Finance Branch is: Federal Com
may also be hand carried, in person or munications Commission, P.O. Box IT
by courier, to the Mellon Bank, Three 70, Gettysburg, PA 17326.
Mellon Bank Center, 525 William Penn (4) The locations of the field offices
Way, 27th Floor, room 153–2713, Pittsof the Field Operations Bureau are listed in $0.121.
burgh, Pennsylvania. All applications
and filings delivered in this manner (5) The location of the Office of General Counsel is Room 614, 1919 M Street
must be in an envelope clearly marked NW., Washington, DC 20554.
for the “Federal Communications Com
mission," addressed to the attention of (b) Applications or filings requiring
“Wholesale Lockbox Shift Supervisor," the fees set forth at part 1, subpart G of the rules must be delivered to the Com
and identified with the appropriate
Post Office Box address as set out in mission's lockbox bank in Pittsburgh,
the fee schedule (S$ 1.1102–1.1105). AppliPennsylvania with the correct fee and
cations should be enclosed in a sepacompleted Fee Form attached to the
rate envelope for each Post Office Box. application or filing, unless otherwise
Hand-carried or couriered applications directed by the Commission. In the
and filings may be delivered at any case of any conflict between this rule subpart and other rules establishing
time on any day. Applications or fil
ings received by the bank before midfiling locations for submissions subject to a fee, this subpart shall govern.
night on any Commission business day
will be treated as having been filed on NOTE: Applicants seeking a waiver or de- that day. Materials received by the ferral of fees must submit their application bank after midnight, Monday through or filing in accordance with the addresses set
Friday, or on weekends or holidays, forth below. Applicants claiming a statutory
will be treated as having been filed on exemption from the fees should file their ap
the next Commission business day. plications in accordance with paragraph (a) of this section.
(52 FR 10227, Mar 31, 1987, as amended at 53 (1) Applications and filings submitted
FR 18564, May 24, 1988; 53 FR 40886, Oct. 19, by mall shall be addressed to the Mel
1988; 54 FR 12453, Mar. 27, 1989; 55 FR 19154,
May 8, 1990; 56 FR 64714, Dec. 12, 1991; 58 FR lon Bank in Pittsburgh, Pennsylvania.
13020, Mar. 9, 1993) The bank maintains separate post office boxes for the receipt of different $0.403 Offico hours. types of applications. It will also estab
The main offices of the Commission lish special post office boxes to receive responses to special filings such as ap
are open from 8 a.m. to 5:30 p.m., Monplications filed in response to "filing holidays, unless otherwise stated.
day through Friday, excluding legal windows" established by the Commission. The address for the submission of (52 FR 10228, Mar. 31, 1987)