Page images
PDF
EPUB

ed by the Commission, particularly in situations referred to it by the Office of Science and Technology; and, in collaboration with the Office of Science and Technology, to develop appropriate recommendations for Commission action.

(1) To interpret statutes and executive orders affecting the Commission's national defense responsibilities, and to perform such functions involving implementation of such statutes and executive orders as may be assigned to it by the Commission or the Defense Commissioner.

(m) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise.

(n) [Reserved)

(0) To advise the Commission in the preparation and revision of rules and the implementation and administration of the Freedom of Information, Privacy, and Sunshine Acts.

(p) To assist and make recommendations to the Commission and to individual Commissioners designed to review initial decisions as to the disposition of cases of adjudication and such other cases as, by Commission policy, are handled in the same manner and which have been designated for hearing.

(c) Process applications for renewal of AM, FM and television licenses and for assignment or transfer of ownership interests in such licenses.

(d) Participate in hearing before the Administrative Law Judges, the Review Board and the Commission.

(e) Plan and develop proposed rule makings and conduct comprehensive studies and analyses (legal, engineering, social and economic) of various petitions for policy or rule changes submitted by industry or the public.

(f) Conduct studies and compile data relating to radio and television network operations necessary for the Commission to develop and maintain an adequate regulatory program.

(g) Investigate complaints and answer general inquiries from the public and handle political broadcasting and fairness doctrine complaints. (45 FR 13078, Feb. 28, 1980)

(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 316, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317) (28 FR 12392, Nov. 22, 1963; 37 FR 19372, Sept. 20, 1972, as amended at 40 FR 17253, Apr. 18, 1975; 43 FR 29006, July 5, 1978; 44 FR 21793, Apr. 12, 1979; 44 FR 39179, July 5, 1979; 46 FR 57050, Nov. 20, 1981)

80.72 Units of the Bureau

The Broadcast Bureau is comprised of the following units: (a) Office of the Bureau Chief. (b) Broadcast Facilities Division. (c) Renewal and Transfer Division. (d) Policy and Rules Division. (e) Hearing Division. (f) License Division.

(g) Complaints and Compliance Division. (45 FR 13078, Feb. 28, 1980)

CABLE TELEVISION BUREAU

8 0.42 Units in the Office.

The Office of General Counsel is structured into the following units:

(a) Immediate Office of General Counsel.
(b) Litigation Division.
(c) Administrative Law Division.
(d) Adjudication Division

(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, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317) (45 FR 16191, Mar. 13, 1980, as amended at 46 FR 57050. Nov. 20, 1981)

8 0.83 Functions of the Bureau.

The Cable Television Bureau develops, recommends, and administers policies and programs with respect to the regulation of cable television systems and related private microwave radio facilities. The bureau implements the Commission's cable television regulatory program, and performs the work and activities involved in the licensing and regulation of cable television relay stations, in coordination with the Broadcast Bureau.

BROADCAST BUREAU

(38 FR 33598, Dec. 6, 1973. Redesignated at 41 FR 53327, Dec. 6, 1976)

8 0.71 Functions of the Bureau.

The Broadcast Bureau develops, recommends and administers policies and programs for the regulation of all radio and television broadcast industry services. It advises and recommends to the Commission, or acts for the Commission under delegated authority, in matters pertaining to the regulation and development of radio and television services. The Broadcast Bureau has the following duties and responsibilities:

(a) Process applications for authorizations in radio and television services.

(b) Administer U.S. responsibilities under international agreements and treaty obligations pertaining to broadcasting.

8 0.84 Units in the Bureau.

The Cable Television Bureau is comprised of the following units:

(a) Office of the Bureau Chief. (b) Policy Review and Development Division. (c) Research Division. (d) Special Relief and Microwave Division. (e) Records and Systems Management Division. (f) Compliance Division.

(45 FR 29835, May 6, 1980)

Communications Act of 1934, as amended, except as reserved to Commission under $ 0.291.

(i) Acts jointly with the Office of Science and Technology on applications for registration of equipment to be directly connected to the telephone network, and acts on complaints brought by any party concerning the registration or operation of such equipment.

(j) Acts upon complaints involving cable television pole attachments, except for final action on complaints raising novel or unusual issues. (Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303) (39 FR 28435, Aug. 7, 1974, as amended at 40 FR 7451, Feb. 20, 1975; 41 FR 7751, Feb. 20, 1976; 42 FR 42341, Aug. 23, 1977; 43 FR 36094, Aug. 15, 1978; 44 FR 39179, July 5, 1979; 45 FR 71569, Oct. 29, 1980)

COMMON CARRIER BUREAU 8 0.91 Functions of the Bureau.

The Common Carrier Bureau develops, recommends and administers policies and programs for the regulation of services, facilities, rates and practices of entities (excluding public coast stations in the maritime mobile service) which furnish interstate or foreign communications service for hire-whether by wire, radio, cable or satellite facilities and of ancillary operations related to the provisions or use of such services. The Bureau also regulates the rates, terms, and conditions for cable television and pole attachments, where such attachments are not regulated by a state and not provided by railroads or governmentally-or cooperatively owned utilities. The Bureau also performs the following specific functions:

(a) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in matters pertaining to the regulation and licensing of communications common carriers and ancillary operations. This includes: policy development and coordination; adjudicatory and rule making proceedings, including rate and service investigations; determinations regarding lawfulness of carrier tariffs; action on applications for service, facility and radio authorizations; review of carrier performance; economic research and analysis; administration of Commission accounting and reporting requirements; compliance and enforcement activities.

(b) Participates in all phases of international conferences concerning common carrier and related matters and in the implementation of international agreements.

(c) Collaborates with representatives of state regulatory commissions and with the National Association of Regulatory Utility Commissioners in cooperative studies of common carrier and related matters.

(d) Advises the Commission on policy and technical matters regarding the use of satellites and related facilities for both common carrier and ancillary communications services.

(e) Advises and assists the public, other government agencies and industry groups on common carrier regulation and related matters.

(f) Exercises such authority as may be assigned or referred to it by the Commission pursuant to Section 5(d) of the Communications Act of 1934, as amended.

(g) Obtains from carriers and from persons directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objectives for which it was created.

(h) Carries out the functions of the Commission or the Telecommunications Committee under the

8 0.92 Units of the bureau.

(a) Office of the Bureau Chief. (b) Deputy Bureau Chief for Operations. (c) Deputy Bureau Chief for Policy. (d) Assistant Bureau Chief/Management. (e) Assistant Bureau Chief/International. (f) International Facilities Planning Division.

(g) International Facilities Authorization and Licensing Division.

(h) Enforcement Division.
(i) Domestic Facilities Division.
(j) Hearing Division.
(k) Mobile Services Division.
(1) Tariff Division.
(m) Accounting and Audits Division.
(n) Economics Division.

(0) Policy and Program Planning Division. (Secs. 4, 5, 303, 48 Stat., as amended 1066, 1082; 47 U.S.C. 154, 303) (47 FR 43384, Oct. 1, 1982)

FIELD OPERATIONS BUREAU

80.111 Functions of the Bureau.

The Field Operations Bureau is responsible for all Commission engineering activities performed in the field relating to radio stations and wire facilities including enforcement activities (inspection, investigation, monitoring), radio operator examination and licensing designation of radio operator examination points, interference suppression, and communications user liaison. These programs include, among others: (a) On-the-air measurement of technical operating parameters of all classes of radio stations; (b) Monitoring of frequency occupancy and levels of violative activity; (c) Engineering projects concerning enforcement procedures and user activities; (d) Assistance to other federal agencies and local law enforcement organizations concerning illegal use of radio; (e) Full range of matters concerning licensing and activities of commercial radio operators as established in Part 13 of this Chapter, including the changing, deleting or modifying from time to time, as need may appear, the location of radio operator examination points, and issuing an

appropriate public notice advising of location changes and time of examination; (f) Nationwide program of lighting and marking of antenna structures as established in Part 17 of this Chapter; (g) Local assistance to the public, government agencies and user organizations in their relationship with the Commission; (h) Participation in interagency and international meetings and conferences with respect to the Bureau's areas of responsibilities. [40 FR 17253, Apr. 18, 1975)

8 0.112 Units of the Bureau.

The Bureau consists of the following units:
(a) Office of the Bureau Chief.
(b) Enforcement Division.
(c) Regional Services Division.
(d) Engineering Division.

(e) Violations Division.
(39 FR 13543, Apr. 15, 1974)
80.113 Office of the Bureau Chief.

The Office of the Bureau Chief plans, directs, and coordinates the activities of the Bureau.

(a) Operational functions. (1) Responsible for the enforcement of the Commission's rules and regulations. Such enforcement activities include monitoring, inspections, and investigations of all non-government communications matters.

(2) Advises and makes recommendations to the Commission and acts for the Commission in mat. ters pertaining to the enforcement of the Commission's rules and regulations, licensing of commercial radio operators (Part 13 of this chapter), marking and lighting of antenna towers (Part 17 of this chapter), and field liaison with the user public and the local and federal government agencies (Part 0).

(3) Participates in international conferences dealing with monitoring and measurements and serves as the point of contact for the United States Government in matters of international monitoring, fixed and mobile direction finding, and interference elimination.

(4) Responsible for reducing or eliminating interference to authorized communications.

(5) Coordinates with, and lends assistance to, appropriate local and Federal law enforcement agencies concerning the illegal or improper usage of radio communications in the field.

(6) Develops and implements programs for the marking, lighting, and placement of antenna towers constructed and operated by authorized communication users.

(7) Provides liaison assistance to the public, users and other Government agencies in the field in dealing with the Commission.

(b) Administrative functions. (1) Develops and implements Bureau-wide management programs including resource management system, work measurement procedures, resource allocation model, management information/reporting and

program review/evaluation systems; prepares consolidated budget estimates and justifications for the Bureau; develops and controls execution of operating budgets and financial plans.

(2) Develops and implements Bureau plans for personnel management, including recruiting, training, career development, employee relations, occupational health and safety and EEO activities; maintains Bureau personnel records.

(3) Coordinates external management surveys, studies and audits of Bureau operations; conducts or coordinates internal studies of systems and procedures; performs organization planning.

(4) Coordinates paperwork and committee management programs for the Bureau, including forms, reports and directives.

(5) Plans and coordinates Bureau and headquarters requirements for administrative support services such as space and printing.

(6) Provides for headquarters mail distribution.

(c) Program development and evaluation functions. (1) Develops overall policies, programs, objectives, and priorities (budget year and beyond) for all Bureau programs and activities, in consultation with the Divisions of the Bureau; insures that Bureau's programs are consistent with Commission policies; reviews program performance, accomplishments and effectiveness; recommends changes in policies, programs, objectives and priorities.

(2) Analyzes short and long term technical de. velopments and the impact that predicted growth of existing and new telecommunications services will have on the Bureau's mission and workload in consultation with other Commission bureaus and offices; develops plans to integrate new and revised requirements for field enforcement and public service activities into current and future programs.

(3) Develops and evaluates (through such techniques as cost benefit-analysis) alternative field enforcement techniques and organizations in consultation with the Divisions of the Bureau; considers potential trade-offs between various technologies applicable to accomplishing the Bureau's mission; recommends changes in present enforcement techniques and organizations which will maximize mission accomplishment under alternative resource allocations.

(4) Recommends legislation and rule changes pertaining to the field enforcement and public service programs; reviews legislation and rulemaking proposals initiated by other offices which will have a potential impact on Bureau field enforcement and public service operations; determines impact in terms of enforcement techniques and organization, workload and resource requirements.

(5) Provides planning projections of future requirements for technical equipment and real property requirements to support field enforcement and public service activities.

(6) Maintains liaison with other agencies and communications users on matters concerning program development and evaluation.

(7) Plans and coordinates development of automated and computer processing systems throughout the Bureau.

(8) Develops techniques for measuring program performance.

(9) Directs the Divisions of the Bureau in formulating budget estimates and justifications for approved programs.

electronic home entertainment equipment without on-site inquiry.

(e) Directs issuance of discrepancy notifications; directs issuance of Notices of Apparent Liability in the Private Radio Services; conducts enforcement case work and prepares referrals to the Violations Division; recommends actions to expedite the imposition of desired sanctions; keeps the Violations Division advised of progress on open cases assigned to the field.

(f) Maintains liaison with other Bureaus and Offices, local and Federal agencies and communi. cations users on matters concerning radio law enforcement; furnishes the Bureau Chief and other Commission offices with advice on radio law enforcement matters.

(g) Directs the Bureau's spectrum occupancy monitoring program; coordinate occupancy monitoring activities with other Commission bureaus and offices; operate the Bureau's spectrum occupancy van(s); and coordinate occupancy monitoring requirements with the appropriate field technical and administrative staff.

(39 FR 13543, Apr. 15, 1974)

(39 FR 13544, Apr. 16, 1974, as amended at 44 FR 39179, July 5, 1979; 45 FR 11133, Feb. 20, 1980)

8 0.114 Enforcement Division.

The Enforcement Division is responsible for administering the Bureau's field enforcement programs, including monitoring and direction finding, station inspections and investigations, and for directing, coordinating and controlling the activities of the Bureau's Field Enforcement Installations located throughout the United States, including Alaska, Hawaii and Puerto Rico. In carrying out this responsibility, the Division:

(a) Makes recommendations concerning field enforcement policies, programs, objectives, priorities and resource allocations; recommends legislation and rules revisions which will facilitate field enforcement activities; formulates budget requirements for approved programs and develops operational plans to execute programs within allocated resources.

(b) Directs the enforcement monitoring program; coordinates enforcement monitoring activities among the various fixed and mobile monitoring facilities; operates the Bureau's fixed monitoring and direction finding network; coordinates international monitoring and direction finding activities; operates the Bureau's Communication's Center to provide rapid contact with all enforcement facilities; coordinates the operation of all types of communications facilities used by Field Enforcement Installations.

(c) Directs the station inspection program; develops and implements procedures and field directives for technical inspections and measurements for all categories of radio stations and wire facilities; coordinates the inspection activities of the field enforcement staff with the technical and compliance staffs of the bureaus responsible for the services covered by the inspection program.

(d) Directs the Bureau's investigative program; develops and implements procedures and field directives for conducting investigations (i.e., specialized enforcement teams, mobile direction finding and measurement); provides expert technical witnesses in investigative cases resulting in administrative hearings and/or trials in Federal Courts; coordinates with legal and technical staffs of other bureaus and offices concerning ongoing case assignments; prepares procedures for resolving complaints regarding interference to

8 0.115 Regional Services Division.

The Regional Services Division is responsible for administering the Bureau's regional services program, including public information activities, licensing of radio operators and antenna survey matters, and for directing, coordinating and controlling the activities of the Bureau's Public Service Offices.

(a) Makes recommendations concerning public service, radio operator and airspace policies, programs, objectives, priorities and resource allocations; recommends legislation and rules revisions which will facilitate these activities; formulates budget requirements for approved programs and develops operational plans to executive programs within allocated resources.

(b) Consistent with Commission policy, directs the Bureau's regional public service program; develops and implements procedures to satisfy the information needs of the public; determines what types of applications and other materials are needed by the public; coordinates with other Commission offices to make certain these application forms and publications are available for distribution to the public, develops procedures for channeling inquiries and complaints received by public service offices to appropriate offices which cannot be satisfied at the regional level.

(c) Directs operator examining activities of the Bureau and administers Part 13 of the FCC Rules concerning the licensing of commercial radio operators; makes recommendations concerning rulemaking, rule interpretation and implementation of Part 13; prepares radio operator applications, examinations, licenses and information bulletins and maintains security over these materials; detechnical equipment, vehicles and real property requirements.

(e) Directs the Bureau's equipment construction and installation program.

(f) Maintains liaison with other Commission offices, government agencies, international organizations, industry technical committees and the public regarding assigned functions.

(g) Directs the Field nontechnical support functions such as leased space and property utilization, communications, utilities, transportation, shipping, vehicle fleet management, field financial plan, and coordinates field procurement activities.

(39 FR 13544, Apr. 15, 1974)

velops procedures for administering radio operator examinations, collecting fees, and issuing li censes, maintains necessary records of licensed operators; responds to public inquiries concerning radio operator examinations.

(d) Administers Part 17 of the FCC Rules concerning the construction, marking and lighting of antenna structures; reviews applications in the broadcast, common carrier, experimental, safety and special, cable television and other services to insure compliance with marking and lighting requirements; represents the Commission and Bureau on international organizations and at intergovernmental or public conferences on matters concerning antenna marking and lighting standards and air hazard problems, develops standards and field directives for on-site measurement and analysis of antenna structures; maintains central FCC files on existing and proposed antenna structures and airport facilities; responds to inquiries concerning antenna structures, marking and lighting.

(e) Examines and approves/disapproves industrial heating equipment certifications submitted by users pursuant to Part 18 of the FCC Rules.

(f) Upon request of the Violations Division, conducts personal interviews in the field of persons who have received citations issued under $ 1.80(d) of this chapter.

(g) Maintains liaison with the Federal Aviation Administration and other government agencies on airspace matters (including antenna construction and hazards), radio operator examinations and public service activities; furnishes the Bureau Chief and other Commission offices with advice on these matters. (39 FR 13544, Apr. 15, 1974, as amended at 43 FR 52224, Nov. 9,

1978)

8 0.116 Engineering Division.

The Engineering Division is responsible for providing technical engineering and other material support to the Enforcement and Regional Sery ices Division. In carrying out this responsibility, the Division:

(a) Based on planning guidance developed by the Office of Bureau Chief and approved budget allocations, develops specific requirements and detailed plans for the acquisition of technical equipment, vehicles and real property required by the Enforcement and Regional Services Divisions; formulates budget estimates for technical equipment, vehicles and real property.

(b) Develops and directs the Bureau's program for acquiring, managing and disposing of land, structures, equipment, material, and vehicles.

(c) Develops measurement standards, procedures and techniques for use by Bureau technical staff in performing field measurements and observations.

(d) Assists in analyzing alternative enforcement techniques and organizations with respect to

8 0.117 Violations Division.

The Violations Division is responsible for processing administrative sanctions initiated by the Enforcement Division, referring enforcement cases to the cognizant bureaus, and administering the entire sanctions program for radio operators. In carrying out this responsibility the Division:

(a) Reviews completed enforcement cases received from the Enforcement Division and prepares referrals to other bureaus and offices for the imposition of sanctions or other appropriate action; recommends to the Enforcement Division additional actions required to impose desired sanctions; coordinates policy and procedures for referral of enforcement work products with other offices of the Commission.

(b) Develops in accord with Private Radio Bureau policy and guidelines, procedures for use by Field Enforcement Installations in issuing Notices of Apparent Liability (NAL) in the Private Radio Services; forwards documentation of NAL'S to the Private Radio Bureau for appropriate followup action.

(c) Reviews completed cases regarding radio operators; decides on appropriate sanction action; issues Notices of Apparent Liability where appropriate; initiates appropriate follow-up action.

(d) Reviews enforcement actions of Field Enforcement Installations for quality control and conformance to policy, rules interpretations and procedural guidelines; recommends corrective action to the Enforcement Division.

(e) Maintains central files of field enforcement actions (violation notices, cases, interference reports, etc.); maintains current status records on all ongoing enforcement matters and keeps cogni. zant bureaus and divisions advised on progress; prepares statistical analyses of enforcement actions as required by the Bureau or other Commission offices.

(f) Requests the Regional Services Division to conduct personal interviews in the field for recipients of NAL's.

(g) Recommends legislation, rules revision, and procedural changes to enhance the field enforce

M0A-524 0 - 83 - 2

« PreviousContinue »