How

to the Commission for decision. ever, 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 review

ing 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) Except for interlocutory matters, a minimum of three members will participate in each matter 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; 41 FR 14870, Apr. 8, 1976; 41 FR 38167, Sept. 9, 1976]

(b)-(c) [Reserved]

(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 FR 6443, May 16, 1964, as amended at 35 F.R. 17333, Nov. 11, 1970; 37 F.R. 19372, Sept. 20, 1972; 41 FR 14870, Apr. 8, 1976]

§ 0.367

Record of actions taken.

The official record of all actions taken by the Review Board pursuant to § 0.361 or § 0.365 is contained in the original docket folder, which is maintained by the Secretary in the Dockets Branch. [39 FR 37061, Oct. 17, 1974]

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 Commission 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.

(g) Petitions for leave to amend applications where no objection is raised to the acceptance of the amendment.

(h) To issue orders, as appropriate, requesting the filing of further pleadings.

(i) Pleadings which may be dismissed due to procedural defect, subject to being refiled in proper form within five days.

[33 F.R. 8228, June 1, 1968, as amended at 33 F.R. 19181. Dec. 24. 1968; 35 F.R. 5689, Apr. 8, 1970; 39 FR 4571, Feb. 5, 1974; 41 FR 14871, Apr. 8, 1976; 41 FR 41091, Sept. 21, 1976]

$ 0.381

Defense Commissioner.

The authority delegated to the Commission under Executive Order 11490 is redelegated to the Defense Commissioner. [41 FR 31210, July 27, 1976]

§ 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]

§ 0.387 Other defense and emergency preparedness delegations; cross ref

Bureau to declare a general communications emergency, see § 0.311

[28 FR 12411, Nov. 22, 1963, as amended at 40 FR 17254, Apr. 18, 1975]

Subpart C-General Information

8 0.401

GENERAL

Location of Commission offices. (a) The main offices of the Commission are located at 1919 M Street NW., Washington, D.C.

(1) Documents submitted by mail to those offices should be addressed to: Federal Communications Commission, Washington, D.C. 20554.

(2) Hand-carried applications accompanied by a filing fee should be delivered to:

Fees Section, Office of Executive Director, 1919 M Street NW., Washington, DC.

(3) Other hand-carried documents should be delivered to The Secretary's Office, 1919 M Street NW., Washington, DC.

(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 Operations Bureau are listed in $ 0.121

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

the

(e) The Commission also maintains offices at Gettysburg, Pennsylvania. (1) The mailing address of Gettysburg section of the Data Processing Center, and the Gettysburg Processing Section of the Amateur and Citizens Facilities Branch is:

Federal Communications Commission, 334 York Street, Gettysburg, Pa. 17325.

(2) The mailing address of the International Telecommunications Section of the Finance Branch is:

Federal Communications Commission, P.O. Box IT-70, Gettysburg, Pa. 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 FR 19439, Oct. 6, 1971; 40 FR 17254, Apr. 18, 1975; 40 FR 51441, Nov. 5, 1975]

§ 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.

[39 FR 14593, Apr. 25, 1974] § 0.405

Statutory provisions.

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.

(c) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744.

(d) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001–1011. Pursuant to P.L. 89-554, September 6, 1966, 80 Stat. 378, the provisions of the Administrative Procedure Act now appear as follows in the Code:

readily available. See §§ 0.411(b), 0.412, and 0.415. For the benefit of those who are not familiar with the rules, there is set forth in this section a brief description of their format and contents.

(a) Format. The rules are set forth in the Code of Federal Regulations as Chapter I of Title 47. Chapter I is divided into parts numbered from 0-99. Each part, in turn, is divided into numbered sections. To allow for the addition of new parts and sections in logical sequence, without extensive renumbering, parts and sections are not always numbered consecutively. Thus, for example, Part 2 is followed by Part 5, and § 1.8 is followed by § 1.10; in this case, Parts 3 and 4 and § 1.9 have been reserved for future use. In numbering sections, the number before the period is the part number; and the number after the period locates the section within that part. Thus, for example, § 1.1 is the first section of Part 1 and § 5.1 is the first section in Part 5. Except in the case of accounting regulations (Parts 31-35), the period should not be read as a decimal point; thus, § 1.511 is not located between § 1.51 and § 1.52 but at a much later point in the rules. In citing the Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is to § 5.1 (in Part 5) of Chapter I of Title 47 of the Code, and permits the exact location of that rule. No citation to other rule units (e.g., subpart or chapter) is needed.

(b) Contents. Parts 0-19 of the rules have been reserved for provisions of a general nature. Parts 20-69 of this chapter have been reserved for provisions pertaining to common carriers. Parts 70-79 have been reserved for provisions pertaining to broadcasting and cable television. Parts 80-99 of this chapter have been reserved for provisions pertaining to the Safety and Special Radio Services. In the rules pertaining to common carriers, Parts 21, 23, and 25 of this chapter pertain to the use of radio; Parts 31-66 of this chapter pertain primarily to telephone and telegraph companies. Persons having business with the Commission will find it useful to consult one or more of the following parts containing provisions of a general nature in addition to the rules of the radio or wire communication service in which they are interested:

(1) Part 0, Commission organization. Part 0 describes the structure and func

tions of the Commission, lists delegations of authority to the staff, and sets forth information designed to assist those desiring to obtain information from, or to do business with, the Commission. This Part is designed, among other things, to meet certain of the requirements of the Administrative Procedure Act, as amended.

(2) Part 1, practice and procedure. Subpart A of Part 1 contains the general rules of practice and procedure. Except as expressly provided to the contrary, these rules are applicable in all Commission proceedings and should be of interest to all persons having business with the Commission. The subpart also contains certain other miscellaneous provisions. Subpart B contains the procedures applicable in formal hearing proceedings (see §1.201). Subpart C contains the procedures followed in making or revising the rules and regulations. Subpart D contains rules applicable to applications for licenses in the Broadcast Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Subpart E contains general rules and procedures applicable to common carriers. Additional procedures applicable to certain common carriers by radio are set forth in Part 21. Subpart F contains rules applicable to applications for licenses in the Safety and Special Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Subpart G contains rules pertaining to application filing fees. Subpart H, concerning ex parte presentations, sets forth standards governing communication with Commission personnel in hearing proceedings and contested application proceedings. Subparts G and H will be of interest to all applicants, and Subpart H will, in addition, be of interest to all persons involved in hearing proceedings.

(3) Part 2, frequency allocations and radio treaty matters: general rules and regulations. Part 2 will be of interest to all persons interested in the use of radio. It contains definitions of technical terms used in the rules and regulations; provisions governing the allocation of radio frequencies among the numerous uses made of radio (e.g., broadcasting, land mobile) and radio services (e.g., television, public safety), including the Table of Frequency Allocations (§ 2.106); tech

nical provisions dealing with emissions; provisions dealing with call signs and emergency communications; provisions governing type acceptance and type approval of radio equipment; and a list of treaties and other international agreements pertaining to the use of radio.

(4) Part 5, experimental radio services (other than broadcast). Part 5 deals with the temporary use of radio frequencies for research in the radio art, for communication involving other research projects, and for the development of equipment, data, or techniques.

(5) Part 13, commercial radio operators. Part 13 describes the procedures to be followed in applying for a commercial operator license, including the forms to be used and the examinations given, and sets forth rules governing licensed operators. It will be of interest to applicants for such licenses, licensed operators, and the licensees of radio stations which may be operated only by persons holding a commercial radio operator license.

(6) Part 15, radio frequency devices. Part 15 contains regulations designed to prevent harmful interference to radio communication from radio receivers and other devices which radiate radio frequency energy, and provides for the certification of radio receivers. It also provides for the certification of low power transmitters and for the operation of certificated transmitters without a license.

(7) Part 17, construction, marking, and lighting of antenna structures. Part 17 contains criteria for determining whether applications for radio towers require notification of proposed construction to the Federal Aviation Administration, and specifications for obstruction marking and lighting of antenna structures.

(8) Part 18, industrial, scientific and medical equipment. Part 18 contains regulations designed to prevent harmful interference to radio communication from ultrasonic equipment, industrial heating equipment, medical diathermy equipment, radio frequency stabilized arc welders, and other equipment which uses radio energy for purposes other than communication.

(9) Part 19, employee responsibilities and conduct. Part 19 prescribes standards of conduct for the members and staff of the Commission.

[32 F.R. 10571, July 19, 1967, as amended at 32 F.R. 12180, Aug. 24, 1967; 37 F.R. 20553, Sept. 30, 1972]

PRINTED PUBLICATIONS SOURCE: The provisions of §§ 0.411 to 0.420 appear at 32 F.R. 10571, July 19, 1967, unless otherwise noted.

§ 0.411

General reference materials.

The following reference materials are available in many libraries and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402:

(a) Statutory materials. Laws pertaining to communications are contained in Title 47 of the United States Code. Laws enacted since the printing of the last supplement to the Code are printed individually as slip laws, and these are compiled chronologically in the United States Statutes at Large. The Acts of Congress from 1910-62 pertaining to radio have been compiled in a single volume, Radio Laws of the United States (1962 ed.). See §§ 0.405 and 0.414.

materials—(1)

(b) Regulatory The Code of Federal Regulations. The rules and regulations of the Commission are contained in Chapter I of Title 47 of the Code of Federal Regulations. Chapter I is divided into the following 4 subchapters, which may be purchased separately: Subchapter A-General; Subchapter B— Common Carrier Services; Subchapter C-Broadcast Radio Services; and Subchapter D-Safety and Special Radio Services. Most persons will find that they need Subchapter A, containing the general rules, and one of the other volumes, depending upon their area of interest. These four volumes are revised annually to reflect changes in the rules. See §§ 0.406, 0.412, and 0.415. The Code of Federal Regulations is fully indexed and contains numerous finding aids. See 1 CFR Appendix C.

(2) The Federal Register. As rules are adopted, amended, or repealed, the changes are published in the FEDERAL REGISTER, Which is published daily except on days following legal holidays. Notices of proposed rule making, other rule making documents, statements of general policy, interpretations of general applicability, and other Commission documents having general applicability and legal effect are also published in the FEDERAL REGISTER. The FEDERAL REGISTER is fully indexed and contains numerous finding aids. See 1 CFR Appendix C. § 0.412 Nongovernment publications.

(a) Pike and Fischer Radio Regulation. This multi-volume service contains

the text of statutes, treaties and regulations pertaining to radio; Commission and court decisions; and other materials, including a digest. Information concerning this service may be obtained from Pike and Fischer, Inc., 1726 M Street NW., Washington, D.C. 20036.

(b) Rules Service Co. service. This service contains Parts 0, 1, 17, 73, 74, 76, 78, and 87 of the rules and regulations of this chapter and other materials. Information concerning this service may be obtained from the Rules Service Co., 5530 Wisconsin Avenue, Chevy Chase, MD 20015.

NOTE: Other published research materials pertaining to communications will be listed in this section upon request of the publisher. [32 F.R. 10571, July 19, 1967, as amended at 37 F.R. 20553, Sept. 30, 1972]

§ 0.413 The Commission's printed publications.

The Commission's printed publications are described in §§ 0.414-0.420. These publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Commission does not furnish copies of these publications but will furnish a price list (Administration Bulletin No. 1) upon request. Requests for copies of that list should be directed to the Office Services Division, Office of Executive Director, Federal Communications Commission, Washington, D.C. 20554.

§ 0.414 The Communications Act and other statutory materials.

This publication, with packets of revised pages, contains the Communications Act of 1934, with amendments through 1964; the Administrative Procedure Act, with amendments through 1964; the Judicial Review Act; the Communications Satellite Act of 1962; and selected sections of the Criminal Code pertaining to communications. It also contains indexes to the Communications Act and the Administrative Procedure Act. Persons who do not have ready access to the United States Code, or who refer frequently to these materials, may find this volume to be useful.

§ 0.415 The rules and regulations (looseleaf service).

(a) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume may be purchased separately from the Super