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8 0.303 Authority concerning registration of telephone

terminal equipment. Authority is delegated to the Chief of the Common Carrier Bureau jointly in cooperation with the Chief Scientist to act upon applications for registration of equipment to be directly connected to the telephone network; Provided, however, that the Chief, Common Carrier Bureau shall exercise overall policy direction of the program, with appropriate consultation with the Chief Scientist. (For record of actions taken under this section, see $ 0.247).

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303) (41 FR 7750, Feb. 20, 1976. Redesignated at 44 FR 18501, Mar. 28, 1979, and amended at 44 FR 39180, July 5, 1979)

FIELD OPERATIONS BUREAU

8 0.311 Authority delegated.

The performance of functions and activities described in $ 0.111 is delegated to the Chief, Field Operations Bureau, provided that:

(a) The following matters shall be referred by the Chief, Field Operations Bureau to the Commission en banc for disposition:

(1) Notices of proposed rule making and of inquiry and final orders in rule-making proceedings, inquiry proceedings, and non-editorial orders making rule changes with respect to Parts 13 and 17 of this chapter. (See $ 0.231(d))

(2) Applications for review of actions taken pursuant to delegated authority. (See § 1.115 of this chapter).

(3) Petitions and other requests for waiver of Commission rules, whether or not accompanied by an application, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(4) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(5) Any other petition, pleading, or request presenting new or novel questions of fact, law, or policy, which cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or offices.

(6) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or offices.

(b) The Chief and the Deputy Chief of the Field Operations Bureau are authorized to declare that a state of general communications emergency exists and to act on behalf of the Commission pursuant to the provision of $ 97.107 of this chapter with respect to the operation of

amateur stations during a state of general communications emergency.

(c) Rulings and orders concerning radio operator matters in a hearing status shall not be made by the Chief, Field Operations Bureau.

(d)(1) The Chief of the Field Operations Bureau is authorized to issue notices of apparent liability pursuant to $ 1.80(f) of this chapter and (in the case of violation of sections 301 or 318 of the Communications Act, or parts 13 and 17 of this chapter) to issue final forfeiture orders and orders canceling or reducing forfeitures, if the amount set out in the notice of apparent liability is $2,000 or less. (The scope of the Field Operations Bureau's authority to issue notices of apparent liability will be specified in statements of policy provided by the other bureaus and offices. These statements of policy shall be available for inspection in the Field Operations Bureau.)

(2) The Chief of the Field Operations Bureau is authorized to issue citations pursuant to $ 1.80(d) of this chapter.

(e) The Chief of the Field Operations Bureau is authorized to make determinations and notifications of the presence of harmful interference to radio communications involving safety of life or protection of property which requires temporary suspension of operation under Section 74.23 of this Chapter. Upon invoking the authority granted pursuant to this section, the Chief of the Field Operations Bureau s*BAD MAG TAPE**ERR01*hall immediately inform the Chairman of the Commission. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) [40 FR 17254, Apr. 18, 1975, as amended at 43 FR 52245, Nov. 9, 1978; 47 FR 1395, Jan. 13, 1982) 80.314 Additional authority delegated.

The Engineer in Charge at each field office is delegated authority to act upon applications, requests, or other matters, which are not in hearing status, and direct the following activities necessary to conduct investigations or inspections:

(a) For new, modified replacement, duplicate or renewal commercial radio operatgr license and provisional radio operator certificate.

(b) (Reserved)

(c) On informal requests from broadcast stations to extefd temporary authority for operation without monitors, plate ammeter, plate voltmeter, base current meter, common point meter, and transmission line meter from FM and television stations.

(d) Relating to the time within which an applicant for amateur or commercial radio operator license may take an examination after having failed a previous examination ($ $ 13.27 and 97.33 of this chapter).

(e) For periodic survey as required by section 385 of the Communications Act of 1934, as amended, and issuance of Communications Act

408-524 0 - 83 - 3

amended, with reference to violation of $$ 95.501(b), 95.471(c), 95.455(a), 95.437(a), and 95.613(b) of this chapter.

(t) Make determination and notification of incurrence of forfeiture under the provisions of section 510 of the Communications Act, as amended, for failure to respond to official communications from the Commission as required by $ 1.89 of this chapter.

(u) Where appropriate, to delegate to the supervisor of each suboffice within the field office area, such duties and responsibilities set forth in this section as is necessary to permit proper performance of the duties of the suboffice.

(v) To issue Interim Amateur Permits to Ama. teur Radio Service licensees, pursuant to Part 97 of this Chapter.

(w) To issue Amateur Code Credit Certificates, under the provisions of Part 97 of this chapter. (Secs. 4, 5, 303, 307, 308, 309, 48 Stat., as amended, 1066, 1082 1083, 1084, 1085; 47 U.S.C. 154, 303, 307, 308, 309) [28 FR 12402, Nov. 22, 1963, as amended at 32 FR 20860, Dec. 28, 1967; 36 FR 8871, May 14, 1971; 36 FR 18651, Sept. 18, 1971; 39 FR 41257, Nov. 26, 1974; 40 FR 17254, Apr. 18, 1975; 42 FR 3167, Jan. 17, 1977; 42 FR 33293, June 30, 1977; 43 FR 25122, June 9, 1978; 46 FR 35460, July 8, 1981; 47 FR 15334, Apr. 9, 1982)

radiotelephony certificates in accordance with $ 83.512 of this chapter.

(f) Applications, in any acceptable form, filed at Commission field offices located in Alaska, for special temporary operator license authorization, in lieu of regular commercial radio operator license, when it is shown that there is a need for such authorization for use in connection with the protection of life or property during an emergency period.

(g) (Reserved)

(h) Require special equipment and program tests during inspections or investigations to determine compliance with technical requirements specified by the Commission.

(i) Require stations to operate with pre-sunrise and nighttime facilities during daytime hours in order that an inspection or investigation may be made by an authorized Commission representative to determine operating parameters.

(j) For ship radio inspection and certification of the ship radio license, pursuant to the requirements of section 362(b) of the Communications Act of 1934, as amended.

(k) Issue a Safety Radiotelegraphy Certificate or a Safety Radiotelephony Certificate in accordance with the terms of Regulations 12 and 13, chapter I, of the Safety Convention.

(1) For inspection or periodical survey as required by Article 11 of the Great Lakes Agreement and certification prescribed by Articles 12 and 13 thereof.

(m) Issuance of notices and orders to operators of industrial heating equipment, as provided in $ $ 18.120 and 18.121 of this chapter.

(n) Requests for permission to resume operation of industrial heating equipment on a temporary basis, as provided in $ $ 18.120 and 18.121 of this chapter, and requests for extensions of time within which to file final reports, as provided by $ 18.122(b) of this chapter.

(0) Informal applications filed in accordance with the provisions of $ 83.47 of this chapter for temporary waivers of annual inspection of vessels as required by section 362(b) of the Communications Act of 1934, as amended.

(p) To act on requests for a waiver of the English language provisions of $$ 13.22 and 13.23 of this chapter in the case of Spanish-speaking applicants in and around Puerto Rico and Miami, Fla., and to issue licenses bearing appropriate restrictions to those applicants found qualified.

(q) Act on requests for waiver of the written examination requirements of $8 13.21, 13.22 and 13.23 of this chapter and to authorize oral examination in lieu thereof.

(r) To act on requests by blind applicants to appear at the appropriate field office for a radiotelephone license examination. (See $$ 13.11 and 13.23 of this chapter.)

(s) Make determination and notification of incurrence of forfeitures under the provisions of Section 510 of the Communications Act, as

80.317 Record of action taken.

The application, authorization, and other appropriate central files of the Field Operations Bureau are designated as the Commission's official records of action taken pursuant to authority delegated under $ $ 0.311 and 0.314, and shall constitute the official Commission minutes entry of such actions.

(40 FR 17254, Apr. 18, 1975)

CHIEF, PRIVATE RADIO BUREAU 80.331 Authority delegated.

The performance of functions and activities described in $ 0.131 of this part is delegated to the Chief, Private Radio Bureau, provided that

(a) The following matters shall be referred by the Chief, Private Radio Bureau to the Commission en banc for disposition:

(1) Notices of proposed rulemaking and of inquiry and final orders in rulemaking proceedings, inquiry proceedings, and non-editorial orders making rule changes. (See $ 0.231(d)).

(2) Petitions for review of actions taken pursuant to delegated authority. (See § 1.115 of this chapter.)

(3) Petitions and other requests for waivers of Commission rules, whether or not accompanied by an application, when such petitions or requests contain new or novel arguments not previ. ously considered by the Commission, or present facts or arguments which appear to justify a change in Commission policy.

(4) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered

Office of Science and Technology or operating bureau.

(i) [Reserved)

(j) Proposals involving possible harmful impact on radio astronomy or radio research installations-Office of Science and Technology.

(40 FR 4423, Jan. 30, 1975, as amended at 44 FR 11070, Feb. 27, 1979; 44 FR 39180, July 5, 1979)

by the Commission, or present facts or arguments, which appear to justify a change in Commission policy.

(5) Any other petition, pleading, or request presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(6) Proposed public notices expressing new or novel Commission policy, interpreting the provi. sions of law, regulations, or treaties, or warning licensees in the Private Radio Services as to certain types of violations.

(7) Proposed U.S. positions to be transmitted to the Department of State for international meetings of telecommunications entities.

(8) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(9) Authority to issue a notice of opportunity for hearing pursuant to $ 1.80(g) of this chapter;

nt to 8 1.80(g) of this chapter: and authority to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under $ 1.80(f) of this chapter if the amount set out in the notice of apparent liability is more than $2000.

(b) Rulings and orders concerning matters in a hearing status shall not be made by the Chief, Private Radio Bureau.

8 0.333 Authority delegated jointly to the Chief of the

Common Carrier and Private Radio Bureaus. Authority is delegated jointly to the Chief of the Common Carrier Bureau and the Chief of the Private Radio Bureau to act upon applications involving common carrier matters in the aeronautical mobile service, and in the fixed service in Alaska.

(45 FR 25399, Apr. 15, 1980)

$ 0.334 Additional Authority delegated to the Chief, - Private Radio Bureau.

Insofar as the operation of the regional center is concerned, the Chief of the Private Radio Bureau is delegated authority to exercise the following functions:

(a) In accordance with applicable rules, authority to act on all applications filed in a region in the Remote Pickup Broadcast Service (shared frequencies only) for construction permits, station licenses, modification of station licenses, renewal of station licenses, and special temporary authorizations.

(b) Except as otherwise provided in g 1.61 of this chapter, with respect to the construction, marking and lighting of antenna towers and supporting structures, authority as set forth in Part 17 of this chapter to exercise the functions of the Commission in designated Regions. (40 FR 49778, Oct. 24, 1975, as amended at 44 FR 39180, July 5, 1979)

(40 FR 4423, Jan. 30, 1975, as amended at 44 FR 5436, Jan. 26, 1979; 44 FR 37180, July 5, 1979)

8 0.332 Actions taken under delegated authority.

In discharging the authority conferred by $ 0.331, the Chief, Private Radio Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility:

(a) Complaints arising under section 605 of the Communications Act-Office of General Counsel.

(b) Matters involving international coordination, World Administrative Radio Conferences, U.S. positions and preparation for international meetings of telecommunications entities-Office having primary responsibility for the matter.

(c) Requests for waiver or refund of filing feeOffice of Executive Director and Office of General Counsel.

(d) Requests for waiver of tower painting and lighting specifications Field Operations Bureau.

(e) Matters involving emergency communications-Office of Executive Director.

(f) Complaints involving equal employment opportunities–Office of General Counsel.

(g) Requests for use of frequencies or bands of frequencies shared with broadcast, common carri. er, or government services-Office of Science and Technology and appropriate operating bureau.

(h) Requests involving coordination with other Federal or state agencies or foreign government when appropriate-Office of General Counsel,

$ 0.335 Authority for common carrier matters delegat

ed to Chief, Private Radio Bureau. The Chief of the Private Radio Bureau is delegated authority for all common carrier matters involving public coast stations in the maritime mobile service. (45 FR 25399, Apr. 15, 1980)

80.337 Record of actions taken.

The history card pertaining to a certain station is designated to be the official record of the action taken by the Chief, Private Radio Bureau, in pursuance of the authority delegated to him in $ 0.331 or jointly to him and the Chief, Common Carrier Bureau, in $ 0.333. In cases where no history card is prepared, the application and author. ization file pertaining to the station in question is designated to be the official record of the action taken by the Chief of the Bureau, or by him jointly with the Chief of the Common Carrier Bureau.

(33 FR 8228, June 1, 1968, as amended at 40 FR 4423, Jan. 30, 1975; 44 FR 39180, July 5, 1979)

ADMINISTRATIVE LAW JUDGES 8 0.341 Authority of administrative law judge.

(a) After an administrative law judge 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 administrative law judge, all motions, petitions and other pleadings shall be acted upon by such administrative law judge, 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 Chief Administrative Law Judge under $ 0.351.

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

(c) Any question which would be acted upon by the Chief Administrative Law Judge, the Review Board or the Commission, if it were raised by the parties, may be certified by the administrative law judge, on his own motion, to the Chief Administrative Law Judge, the Review Board or the Commission, as the case may be.

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.) However, if all parties to a proceeding concur in holding all hearing sessions in the District of Columbia rather than at any field location, the presiding administrative law judge may act on the request.

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

(f) All pleadings filed, or matters which arise, after a proceeding has been designated for hearing, but before a law judge has been designated, which would otherwise be acted upon by the law judge, 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 Administrative Law Judge.

(h) If the administrative law judge designated to preside at a hearing becomes unavailable, to order a rehearing or to order that the hearing continue before another administrative law judge and, in either case, to designate the judge who is to preside.

(i) The consolidation of related proceedings pursuant to $ 1.227(a) of this chapter, after designation of those proceedings for hearing.

(29 FR 6442, May 16, 1964, as amended at 37 FR 19372, Sept. 20, 1972; 41 FR 14870, Apr. 8, 1976)

(29 FR 6443, May 16, 1964, as amended at 37 FR 19372, Sept. 20, 1972; 38 FR 30559, Nov. 6, 1973; 43 FR 49307, Oct. 23, 1978; 44 FR 76295, Dec. 26, 1979)

80.347 Record of actions taken.

The official record of all actions taken by an Administrative Law Judge, including initial and recommended decisions and actions taken pursuant to $ 0.341, is contained in the original docket folder, which is maintained by the Secretary in the Dockets Branch. (39 FR 37061, Oct. 17, 1974)

CHIEF ADMINISTRATIVE LAW JUDGE 8 0.351 Authority delegated.

The Chief Administrative Law Judge shall act on the following matters in proceedings conducted by hearing examiners:

(a) Initial specifications of the time and place of hearings where not otherwise specified by the Commission and excepting actions under authority delegated by $ 0.296.

(b) Designation of the hearing examiner to preside at hearings.

(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 administrative law judge named to preside at the hearing may order an initial prehearing conference although the Chief Administrative Law Judge may not have seen fit to do so and may order supplementary prehearing

8 0.357 Record of actions taken.

The official record of all actions taken by the Chief Administrative Law Judge in docketed proceedings pursuant to g 0.351 is contained in the original docket folder, which is maintained by the Secretary in the Dockets Branch. [39 FR 37061, Oct. 17, 1974)

REVIEW BOARD

8 0.361 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 $$ 0.362 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 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.

(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)

(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) 8 0.365 Authority delegated.

(a) The Review Board is delegated general authority to take such action as may be necessary to perform those duties specified in $$ 0.361 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 in cases or matters which are before the Board. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) (46 FR 58882, Dec. 3, 1981)

DEFENSE AND EMERGENCY PREPAREDNESS

DELEGATIONS

8 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)

8 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 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 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) 8 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.

8 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 FR 12402, Nov. 22, 1963, as amended at 33 FR 8228, June 1, 1968)

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