jointly with the Chief of the Common Carrier Bureau.

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

HEARING EXAMINERS

§ 0.341 Authority of hearing examiner.

(a) After a hearing examiner has been designated to preside at a hearing and until he has issued an initial decision or certified the record to the Commission for decision, or the proceeding has been transferred to another hearing examiner, all motions, petitions and other pleadings shall be acted upon by such hearing examiner, except the following:

(1) Those which are to be acted upon by the Commission. See § 1.291(a) (1) of this chapter.

(2) Those which are to be acted upon by the Review Board under § 0.365 (b) and (d).

(3) Those which are to be acted upon by the Chief Hearing Examiner under § 0.351.

(b) Any question which would be acted upon by the hearing examiner if it were raised by the parties to the proceeding may be raised and acted upon by the hearing examiner on his own motion.

(c) Any question which would be acted upon by the Chief Hearing Examiner, the Review Board or the Commission, if it were raised by the parties, may be certified by the hearing examiner, on his own motion, to the Chief Hearing Examiner, the Review Board or the Commission, as the case may be. [29 F.R. 6442, May 16, 1964]

§ 0.347 Record of actions taken.

Except for actions taken during the course of the hearing and upon the record thereof, actions taken by a hearing examiner pursuant to § 0.341 shall be recorded each week in writing and filed in the official minutes of the Commission.

(c) Orders directing the parties or their attorneys to appear at a specified time and place before the hearing examiner for an initial prehearing conference in accordance with § 1.251(a) of this chapter. (The hearing examiner named to preside at the hearing may order an initial prehearing conference although the Chief Hearing Examiner may not have seen fit to do so and may order supplementary prehearing conferences in accordance with § 1.251(b) of this chapter.)

(d) Petitions requesting a change in the place of hearing where the hearing is scheduled to begin in the District of Columbia or where the hearing is scheduled to begin at a field location and all appropriate proceedings at that location have not been completed. (See § 1.253 of this chapter.)

(e) In the absence of the hearing examiner who has been designated to preside in a proceeding, to discharge the hearing examiner's functions.

(f) All pleadings filed, or matters which arise, after a proceeding has been designated for hearing, but before an examiner has been designated, which would otherwise be acted upon by the examiner, including all pleadings filed, or matters which arise, in cease and desist and/or revocation proceedings prior to the designation of a presiding officer.

(g) All pleadings (such as motions for extension of time) which are related to matters to be acted upon by the Chief Hearing Examiner.

[29 F.R. 6443, May 16, 1964]

(a) The Review Board is a permanent body with continuing functions. The main function of the Board is to review matters referred to it by the Commission in hearing proceedings. The Board also takes original action on certain interlocutory matters which arise during the course of hearing proceedings. The hearing matters referred to the Board on a regular basis are listed in § 0.365. Other hearing matters may be referred to the Board for review on a case by case basis, either at the time of designation for hearing or upon consideration of exceptions. The Commission may, from time to time, assign the Board additional duties not inconsistent with these functions.

(b) Any matter referred to the Board on a regular basis or otherwise may, on its own motion or upon its consideration of the motion of any party, be certified by the Board to the Commission, with a request that the matter be acted upon by the Commission, if in the Board's judgment the matters at issue are of such a nature as to warrant Commission review of any decision which the Board might otherwise have made. If a majority of the members of the Commission then holding office vote to grant the Board's request, the matter shall be acted upon by the Commission.

(c) Whenever the Commission determines that a matter pending before the Board involves a novel or important issue of law or policy, it may, on its own motion, by the vote of a majority of the members then holding office, direct that any matter before the Board be certified to the Commission for decision. However, no petition requesting the Commission to take such action will be entertained.

(d) 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 established 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 §§ 1.273-1.282 of this chapter.

(e) The Review Board is composed of three or more Commission employees. Members of the Board are designated by the Commission, serve indefinitely on a 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.

(f) A minimum of three members will participate in each case referred to the Board. A majority of the members who participate in a case shall constitute a quorum. 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.

(g) Except in interlocutory matters, each opinion of the Review Board will

be signed by one of its members, who shall be responsible for its preparation. [28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 6443, May 16, 1964; 33 F.R. 8228, June 1, 1968]

§ 0.365 Authority delegated to the Review Board on a regular basis.

Un

(a) Review of initial decisions. less the Commission specifies to the contrary at the time of designation for hearing or otherwise, the Review Board shall review initial decisions of hearing examiners in all adjudicative proceedings (including mixed adjudicative and rule making proceedings), except for proceedings involving the renewal or revocation of a station license in the Broadcast Radio Services or the Common Carrier Radio Services.

(b) Original action on interlocutory matters. In adjudicative proceedings conducted by hearing examiners (including mixed adjudicative and rule making proceedings), the Review Board shall take original action on the following interlocutory matters and upon any question with respect to such matters which is certified to it by the presiding examiner (see § 1.291 of this chapter):

(1) Petitions to amend, modify, enlarge, or delete issues upon which the hearing was ordered.

(2) [Reserved]

(c) Action on interlocutory appeals from rulings of hearing examiners. The Review Board shall act on interlocutory appeals from rulings of hearing examiners in adjudicative proceedings (including mixed adjudicative and rule making proceedings). See § 1.301 of this chapter.

(d) Action on pleadings filed in cases or matters which are before the Board. The Review Board shall act on all pleadings filed in cases or matters which are before the Board.

[29 F.R. 6443, May 16, 1964, as amended at 35 F.R. 17333, Nov. 11, 1970]

CHIEF, OFFICE OF OPINIONS AND REVIEW § 0.371

Authority delegated.

The Chief, Opinions and Review, is delegated authority to act upon the following matters in hearing proceedings which are pending before the Commission en banc:

(a) Motions or petitions for extension of time.

(b) Pleadings which are moot.

(c) To dismiss, as repetitious, any petition for reconsideration of a Commis

sion order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order.

(d) To issue orders, in accordance with Commission instructions, specifying or changing the day or hour of oral argument and the time allowed a party for oral argument.

(e) Requests for permission to file pleadings in excess of the length prescribed by the provisions of this chapter. See §§ 1.48 and 1.204 of this chapter.

(f) Unopposed motion by any party for dismissal or withdrawal of his own pleading.

[33 F.R. 8228, June 1, 1968, as amended at 33 F.R. 19181, Dec. 24, 1968; 35 F.R. 5689, Apr. 8, 1970]

DEFENSE AND EMERGENCY PREPAREDNESS DELEGATIONS

§ 0.381 Defense Commissioner.

The authority delegated to the Commission under Executive Order 11092 is redelegated to the Defense Commissioner.

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

§ 0.383 Emergency Relocation Board.

(a) During any period in which the Commission is unable to function because of the circumstances set forth in § 0.186 (a), all work, business or functions of the Federal Communications Commission arising under the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation Board.

(b) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order, certify, report or otherwise act as to any of the said work, business or functions so assigned or referred to it, and in respect thereof shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations.

(c) Any order, decision or report made or other action taken by the said Board in respect of any matters so assigned or referred shall have the same effect and force, and may be made, evidenced, and enforced in the same manner, as if made or taken by the Commission.

[28 F.R. 12402, Nov. 22, 1963, as amended at 33 F.R. 8228, June 1, 1968]

§ 0.385 FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning during a wartime emergency period. Engineers in Charge of Field Engineering Bureau district offices at Boston, Massachusetts; Baltimore, Maryland; Atlanta, Georgia; Detroit, Michigan; Dallas, Texas; Denver, Colorado; San Francisco, California; and Seattle, Washington, are designated as FCC representatives to Regional Preparedness Committees. FCC Field Liaison Officers of the FCC Office of Emergency Communications are designated as alternates. These Committees will be activated in wartime emergency periods or during Civil Defense exercises. These FCC representatives will give advice and assistance to Regional Directors of the Office of Emergency Planning and to other Federal agencies within the respective Office of Emergency Planning region on matters relating to the functions and responsibilities of the FCC. They will also coordinate FCC operations within the region in the event of a regional "cut-off" situation. For the purpose of delegating authority to FCC representatives to act for the Commission, a regional "cut-off" situation shall be considered as existing when either no communication to higher authority within the FCC can be effected, or such communication as exists could not be expected to provide an answer from higher authority within the FCC in time to authorize urgent actions that the FCC representative determines cannot be delayed until such answer is received. The delegations of authority set forth in paragraphs (a), (b), and (c) of this section are made to these Engineers in Charge or to their alternates, to enable them to carry out their responsibilities.

(a) When communication is available to higher authority within the FCC. When instructions can be obtained from higher authority within the FCC, the authority of FCC representatives assigned to Regional Preparedness Committees shall comprise that delegated to the Engineers in Charge in nonemergency periods under § 0.314. Action under this delegation must be consistent with any defense rules that supersede rules for normal conditions, wartime plans and emergency orders that may be adopted by the Commission, emergency legisla

tion, Executive Orders, and any pertinent actions of other Government agencies taken pursuant to authority delegated to them under section 606 of the Communications Act of 1934, as amended.

(b) During a temporary “cut-off” period when communication to higher authority within the FCC is disrupted. When instructions cannot be obtained from higher authority within the FCC and when immediate action must be taken, delegation of authority to FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning shall comprise the following in addition to the delegations included in paragraph (a) of this section:

(1) Matters delegated to the Chief and Deputy Chief of the Field Engineering Bureau under § 0.311(b).

(2) Matters delegated to the Chief, Broadcast Bureau by § 0.281.

(3) Matters delegated to the Chief, Safety and Special Radio Services Bureau by §§ 0.331-0.333, except for the authority to act on requests for waiver of rules governing the availability of frequencies below 25 megacycles in the Aviation and Maritime Services.

(4) Matters delegated to the Chief, Common Carrier Bureau by §§ 0.291, 0.294, 0.303 (d)-(f), 0.304, 0.305, and 0.307.

(5) Matters delegated to the Chief Engineer by §§ 0.241 and 0.243.

(6) Authority to act on requests for temporary authorizations for new or modified radio station operations, subject to the provisions of the Communications Act of 1934, as amended.

(7) Authority to act on requests for temporary authorization for all classes of radio operators, subject to the provisions of the Communications Act of 1934, as amended.

(8) Authority to waive temporarily any provisions of this chapter applicable to radio stations and radio operators, subject to the provisions of the Communications Act of 1934, as amended: Provided, however, That such authority shall not include waiver of rules governing the availability of frequencies below 25 megacycles in the Aviation and Maritime Services, nor any of the Emergency Broadcast System Rules.

(c) General. (1) All authorizations granted pursuant to authority contained

in paragraph (b) of this section shall be reported to higher Commission authority at the earliest opportunity. Such authorizations shall be subject to review and cancellation or revision, without hearing, by the FCC representatives assigned to Regional Preparedness Committees or by higher Commission authority when the need for such action arises.

(i) Written authorizations granted pursuant to authority contained in paragraph (b) of this section shall show plainly on their face that they are temporary authorizations, not to exceed 30 days from the date of issue, and subject to review and cancellation or revision without hearing.

(ii) Where immediate oral authorizations are necessary, the applicant shall be orally informed of the limitations enumerated above in this subparagraph and the oral authorization shall be followed as soon as possible by a written authorization bearing the same date of issue as the date of oral authorization. If the "cut-off" period exceeds 30 days in duration, such authorizations may be renewed for additional periods of 30 days each.

(2) Actions taken under any delegation of authority must take into full account, and be in conformance with, any defense rules that supersede rules for normal conditions; wartime emergency plans and orders of the Commission; emergency legislation; Executive Orders; and any pertinent actions of other Government agencies taken pursuant to authority delegated to them under section 606 of the Communications Act of 1934, as amended.

(3) No actions shall be taken under any delegation of authority until full consideration is given to the effect of such actions on the continuance of vital radio communications, both Government and non-Government, on a worldwide or nationwide basis and in adjacent regions. If the FCC representative assigned to the Regional Preparedness Committee of the Office of Emergency Planning determines that interference to radio operations outside of a "cut-off” region may result by authorizing new or modified radio facilities (for example, a change of frequency or power of a radio station), he shall withhold such authorization unless directed to grant the temporary authorization by higher authority.

(4) Coordination shall be effected, where possible, with the FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning in adjacent regions before acting to authorize temporary requests for radio operations.

(5) New obligations incurred pursuant to delegation of authority specified in this section for personal service, procurement, contract agreements, and similar items shall not exceed the amount authorized by the Commission's Budget Officer in periodic emergency allotment authorizations.

[29 F.R. 14665, Oct. 28, 1964, as amended at 32 F.R. 20860, Dec. 28, 1967]

§ 0.386 Record of actions taken.

Actions taken under § 0.385 (b) by FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning shall be reported in writing to the Chief, Field Engineering Bureau at the earliest opportunity. [29 F.R. 15123, Nov. 28, 1964]

(b) The Commission's laboratory is located north of Laurel, Md. The mailing address is:

Federal Communications Commission Laboratory, Post Office Box 40, Laurel, Md. 20810.

(c) The locations of the field offices of the Field Engineering Bureau are listed in § 0.121.

(d) The locations of the field offices of the Common Carrier Bureau are listed in § 0.94.

(e) The Commission also maintains an office at Gettysburg, Pennsylvania. The mailing address for this office is: Federal Communications Commission, 334 York Street,

Gettysburg, Pennsylvania, 17325.

(f) The location of the field offices of the Office of Emergency Communications are listed in § 0.184(c).

(g) A Regional Spectrum Management Center is located in Chicago, Ill. The mailing address for this office is: Federal Communications Commission, Regional Spectrum Management Center, 219 South Dearborn Street, Chicago, IL 60604. [28 F.R. 12411, Nov. 22, 1963, as amended at 29 F.R. 14666, Oct. 28, 1964; 32 F.R. 12795, Sept. 7, 1967; 32 F.R. 20860, Dec. 28, 1967; 36 F.R. 8154, Apr. 30, 1971; 36 F.R. 15121, Aug. 13, 1971; 36 F.R. 19439, Oct. 6, 1971] § 0.403 Office hours.

The main offices of the Commission are open from 8 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays. The Secretary's office, the Mail Branch, and the Fees Section, Office of the Executive Director, will remain open until 5 p.m. to receive documents filed with the Commission. The Public Information Officer's office will also remain open until 5 p.m.

[36 F.R. 19439, Oct. 6, 1971]

The following statutory provisions, among others, will be of interest to persons having business with the Commission:

(a) The Federal Communications Commission was created by the Communications Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151-609.

(b) The Commission exercises authority under the Submarine Cable Landing Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34-39. See section 5 of Executive Order 10530, 19 F.R. 2709, May 10, 1954, as amended, 3 CFR 1965 ed., p. 463.