Rules and Regulations

(7) Direct agency efforts to improve management effectiveness, operational efficiency, employee productivity, and service to the public. Administer Commission-wide management programs.

(8) Plan and manage the administrative affairs of the Commission with respect to the functions of personnel and position management; labor-management relations; budget and financial management; information management and processing; organization planning; management analysis; procurement; office space management and utilization; administrative and office services; supply and property management; records management; personnel and physical security; and international telecommunications settlements.

(9) Serve as the principal operating official on ex parte matters involving restricted proceedings. Review and dispose of all ex parte communications received from the public and others. In consultation with the General Counsel, approve waivers of the applicability of the conflict of interest statutes pursuant to 18 U.S.C. 205 and 208, or initiate necessary actions where other resolutions of conflicts of interest are called for.

(10) Under the general direction of the Defense Commissioner, coordinate the defense activities of the Commission, including recommendation of national emergency plans and preparedness programs covering Commission licensees and planning for continuity of essential Commission functions during national emergency conditions. Act as FCC Defense Coordinator and Principal to both the National Communications System and to the Network Communications Security Committee.

(11) With the concurrence of the General Counsel, interpret rules and regulations pertaining to fees.

(12) Ensure that the resource and administrative aspects of the Commission's international activities are fully coordinated with other Commission programs and functions. Formulate and administer all management and administrative policies and programs for international communications activities on behalf of the Chairman and the Commission.

(b) The Secretary is the official custodian of the Commission's documents and shall have authority to appoint a deputy for purposes of custody and certification of documents located in Gettysburg, Pennsylvania.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307) [46 FR 59975, Dec. 8, 1981, as amended at 47 FR 41380, Sept. 20, 1982; 48 FR 15630, Apr. 12, 1983; 49 FR 45583, Nov. 19, 1984, eff. Aug. 1, 1984; 50 FR 27953, July 9, 1985, eff. Aug. 9, 1985]

§ 0.12 Units in the Office.

(a) Immediate Office of the Managing Director. (b) Director of Equal Employment Opportunity.

(1) Financial Management Division.
(2) Operations Support Division.

(e) Associate Managing Director for Information Management.

(1) Office Automation Division.
(2) Computer Applications Division.

(3) Information Processing Division.

(4) Information Resources Planning Division.

(f) Associate Managing Director for Personnel Management. (1) Personnel Management Office.

(g) The Secretary.

(h) Internal Review and Security Division. (i) Emergency Communications Division.

(Secs. 4(i), 303(r) of the Communications Act of 1934, as amended; 47 CFR 0.231(d)) [49 FR 14506, Apr. 12, 1984; 49 FR 45583, Nov. 19, 1984, eff. Aug. 1, 1984] OFFICE OF CONGRESSIONAL AND PUBLIC AFFAIRS

$0.15 Functions of the Office.

The Office of Congressional and Public Affairs is directly responsible to the Commission. The Office has the following duties and responsibilities:

(a) Develop, recommend, coordinate and administer Commission objectives, plans and programs to enhance public understanding of and compliance with the Commission's regulatory requirements. Evaluate public information dissemination practices and develop methods of improving these practices. (b) Act as the principal channel for communicating information to the news media, regulated industries, and the general public on Commission policies, programs, and activities. Make official announcements of Commission decisions and actions. Maintain liaison with the information media to facilitate the dissemination of news and information on FCC activities. Advise the Commission on public reaction to and comment on FCC policies and programs.

(c) Develop, recommend, coordinate and administer objectives, plans and programs to encourage participation by the public in the Commission's decision-making processes. Promote increased awareness within the Commission of the impact of Commission policies on the ability of consumers of communications services to participate in decisions that affect them. Evaluate the effectiveness of mechanisms developed and used to facilitate public input and develop new initiatives as appropriate.

(d) Serve as the Commission's primary point of contact with individual consumers of communications services and with organizations of such consumers. Maintain liaison with consumers to facilitate an interchange of information and cooperative efforts to improve the Commission's informationgathering, policy-making, and information dissemination functions.

(e) Act as the principal point of public contact in disseminating information about Commission programs to promote equal employment opportunity and minority enterprise in Commission-regulated industries. Maintain liaison with industry representatives, women's and minority groups and other interested parties regarding public information about and public evaluation of these programs. Organize FCC seminars and serve as FCC spokesperson to outside organizations on these subjects.

(f) Develop and implement programs to assist in providing information to minority entrepreneurs engaged in or seeking to participate in telecommunications industries regulated by the Commission.

(g) Review Commission contract procurement policy to devise ways of increasing information about proposed Commission contracts received by minority contractors.

(h) Advise the Commission on its information dissemination and public participation policies, as they affect liaison with the information media, the public and the Commission's regulatees. Provide policy and program guidance to the bureaus and offices on these subjects based on feedback received through the information dissemination functions of the Office.

(i) Maintain liaison with the Field Operations Bureau regarding the press and news media, and consumer assistance and information activities of the Commission's field offices.

(j) Advise and make recommendatins to the Commission with respect to legislation proposed by members of Congress and coordinate the preparation of Commission views thereon for submission to Congress. Coordinate with the Office of General Counsel responses to Congressional inquiries as to the local ramifications of Commission policies, regulations, rules and statutory interpretations. Assist the Office of Managing Director in preparation of the annual report to Congress, the Commission budget and appropriations legislation to Congress. Assist the Chairman in preparation for, and the coordination of the Chairman's appearances before te Committees of Congress. Coordinate the Commission annual legislation program. Coordinate Commission and staff responses to inquiries by individual members of Congress, congressional committees and staffs.

(Secs. 4, 5, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 155, 303)

[44 FR 12425, Mar. 7, 1979; 44 FR 70471, Dec. 7, 1979; 50 FR 2985, Jan. 23, 1985, eff. Dec. 10, 1984]

§ 0.16 Units in the Office.

The Office of Congressional and Public Affairs is comprised of the following units:

(a) Immediate Office of the Director.

(b) Consumer Assistance and Small Business Division. (c) News Media Division.

(d) Legislative Affairs Division.

[46 FR 43166, Aug. 27, 1981; 50 FR 2985, Jan. 23, 1985, eff. Dec. 10, 1984]

OFFICE OF PLANS AND POLICY

§ 0.21 Functions of the Office.

The Office of Plans and Policy, as a staff office to the Commission, assists, advises and makes recommendations to the Commission with respect to the development and implementation of communications policies in all areas of Commission authority and responsibility. A principal function of the Office is to conduct independent policy analyses to assess the long-term effects of alternative Commission policies on domestic and international communication industries and services, with due consideration of the responsibilities and programs of other staff units, and to recommend appropriate Commission action. The Office is also responsible for coordinating the policy research and development activities of other staff units, with special concern for matters which transcend their individual areas of responsibility. The Office is composed of legal, engineering, economic, and sociological policy analysts and other personnel, and is headed by a chief having the following duties and responsibilities:

(a) To identify and define significant communications policy issues in all areas of Commission interest and responsibility; (b) To conduct technical, economic, and sociological impact studies of existing and proposed communications policies and operations, including cooperative studies with other staff units and consultant and contract efforts as appropriate;

(d) To review and comment on all significant actions proposed to be taken by the Commission in terms of their overall policy implications;

(e) To recommend and evaluate governmental (state and federal), academic, and industry sponsored research affecting Commission policy issues;

(f) To prepare briefings, position papers, proposed Commission actions, or other agenda items as appropriate;

(g) To manage the Commission's policy research program, recommend budget levels and priorities for this program, and serve as central account manager for all contractual policy research studies funded by the Commission;

(h) To coordinate the formation and presentation of Commission positions in domestic communications policy; represent the Commission at appropriate interagency discussions and conferences.

(i) To participate in the development of international communications policy with the Office of Science and Technology, as appropriate; provide representation at international meetings when appropriate.

(j) Develop and recommend procedures and plans for the effective handling of policy issues within the Commission. [38 FR 17005, June 28, 1973, as amended at 45 FR 25400, Apr. 15, 1980] OFFICE OF SCIENCE AND TECHNOLOGY

§ 0.31 Functions of the Office.

The Office of Science and Technology has the following duties and responsibilities:

(a) To plan and direct broad programs for development of information relative to communications techniques and equipment, radiowave propagation, and new uses for communications, and advise the Commission and staff offices in such matters.

(b) Represent the Commission at various national and international conferences and meetings devoted to the progress of communications and the development of technical and other information and standards, and serve as Commission coordinator for the various national conferences when appropriate.

(c) To conduct scientific and technical studies in advanced phases of terrestrial and space communications, and special projects to obtain theoretical and experimental data on new or improved techniques.

(d) To advise the Commission concerning engineering matters, including the privacy and security of communications, involved in making or implementing policy or in resolving specific cases.

(e) To develop and implement procedures to acquire, store, and retrieve scientific and technical information useful in the engineering work of the Commission.

(f) To advise and represent the Commission on frequency allocation and spectrum usage matters, including those covered by international agreements.

(g) To render, in cooperation with the General Counsel and the Office of Plans and Policy, advice to the Commission, participate in and coordinate staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and render service and advice with respect to rule making matters and proceedings affecting more than one Bureau.

(h) To collaborate with and advise other Bureaus and Offices in the formulation of technical requirements of the Rules. (i) To administer Parts 2, 5, 15, and 18 of this chapter, including licensing, recordkeeping, and rule making.

(j) To perform all engineering and management functions

of the Commission with respect to formulating rules and regulations, technical standards, and general policies for Parts 15 and 18 of this chapter, and for type approval and acceptance, and certification of radio equipment for compliance with the Rules.

(k) To maintain liaison with other agencies of government, technical experts representing foreign governments, and members of the public and industry concerned with communications and frequency allocation and usage.

(1) To calibrate and standardize technical equipment and installations used by the Commission.

(m) To exercise authority as may be assigned or referred by the Commission pursuant to section 5(d) of the Communications Act of 1934, as amended.

(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 28718, Apr. 30, 1980, as amended at 46 FR 45342, Sept. 11, 1981]

§ 0.32 Units in the Office.

The Office of Science and Technology is comprised of the following units:

(a) Immediate Office of the Chief Scientist;

(b) Policy and Management Staff

(d) Spectrum Management Division

(e) Technical Analysis Division.

[47 FR 28103, June 29, 1982; 49 FR 42935, Oct. 25, 1984, eff. Sept. 16. 1984; 50 FR 37856, Sept. 18, 1985, eff. May 20, 1985]

OFFICE OF GENERAL COUNSEL

§ 0.41 Functions of the Office.

The Office of the General Counsel has the following duties and responsibilities:

(a) To advise and represent the Commission in matters of litigation.

(b) To advise and make recommendations to the Commission with respect to proposed legislation and submit agency views on legislation when appropriate.

(d) To interpret the statutes, international agreements, and international regulations affecting the Commission.

(e) To prepare and make recommendations and interpretations concerning procedural rules of general applicability and to review all rules for consistency with other rules, uniformity, and legal sufficiency.

(f) To conduct research in legal matters as directed by the Commission.

(g) In cooperation with the Chief Scientist, to participate in, render advice to the Commission, and coordinate the staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule making matters and proceedings affecting more than one bureau.

(h) To perform all legal functions with respect to experimental operations under Part 5 of this chapter; the operation of restricted radiation devices under Parts 15 and 18 of this chapter; and type approval and type acceptance of radio equipment.

(i) To exercise 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.

(j) To cooperate with the Common Carrier Bureau and the Office of Science and Technology on all matters pertaining to space satellite communications.

(k) To study the licensing practices of patentees and assignees in communications services regulated 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) To issue written determinations on behalf of the Chairman, and otherwise act as the Chairman's designee on matters regarding the interception of telephone conversations, as required by the General Services Administration's regulations. 41 CFR 101-37.311-3(c), (d) and (f); and 41 CFR 10137.311-4(a).

(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.

[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; 49 FR 47604, Dec. 6, 1984, eff. Dec. 31, 1984; 50 FR 2985, Jan. 23, 1985, eff. Dec. 10, 1984]

§ 0.42 Units in the Office.

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

(a) Immediate Office of the General Counsel.

(b) Litigation Division.

(d) Adjudication Division.

(49 FR 18100, Apr. 12, 1984; 50 FR 14386, Apr. 12, 1985, eff. Apr. 5, 1985)

MASS MEDIA BUREAU

§ 0.61 Functions of the Bureau.

The Mass Media Bureau develops, recommends and administers policies and programs for the regulation of all radio and television broadcast industry services. 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 Mass Media Bureau has the following duties and responsibilities: (a) Process applications for authorizations in radio and

television services, including conventional and auxiliary broadcast services, direct broadcast satellite services and cable television relay services.

(b) Administer U.S. responsibilities under international agreements and treaty obligations pertaining to broadcasting. (c) Process applications for renewal of licenses and for assignment or transfer of ownership interests in such licenses. (d) Participate in hearings before the Administrative Law Judges, the Review Board and the Commission.

(e) Plan and develop proposed rulemakings 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.

(h) Develop, recommend, implement, and administer policies and programs with respect to the regulation of cable television systems and related private microwave radio facilities. (i) Process applications for compensation submitted pursuant to Subpart M, Part 1 of this chapter.

[47 FR 47829, Oct. 28, 1982, as amended at 49 FR 12271, Mar. 29, 1984]

§ 0.62 Units of the Bureau.

The Mass Media Bureau is comprised of the following units: (a) Office of the Bureau Chief.

(b) Administration and Management Staff.

(d) Enforcement Division.

(e) Policy and Rules Division.

(f) Video Services Division.

[47 FR 47829, Oct. 28, 1982]

COMMON Carrier Bureau

§ 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 under the 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.

(k) Acts on matters affecting public coast stations in the maritime service which concern tariffs, terms of interconnection, rate or economic analysis, and applications for closure pursuant to section 214 of the Communications Act.

(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; 48 FR 23431, May 25, 1983; 50 FR 26567, June 27, 1985, eff. July 8, 1985]

$0.92 Units of the Bureau.

(a) Office of the Bureau Chief.

(b) Deputy Bureau Chief for Operations.

(1) Enforcement Division.

(2) Domestic Facilities Division.
(3) Tariff Division.

(4) Hearing Division.

(2) Policy and Program Planning Division.
(3) Industry Analysis Division.

(4) Mobile Services Division.

(d) Assistant Bureau Chief for Management. (e) Assistant Bureau Chief for International. (1) Conference Staff.

(2) International Policy Division. (3) International Facilities Division. [49 FR 15197, Apr. 18, 1984]

FIELD OPERATIONS BUREAU

§ 0.111 Functions of the Bureau.

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, interference suppression, and communications user liaison.

(a) Enforce the Commission's rules and regulations; monitor, inspect, and investigate all non-government communications matters.

(b) Advise the Commission and act in matters pertaining to the enforcement of the Commission's rules and regulations, licensing of commercial radio operators (Part 13), marking and lighting of antenna towers (Part 17), and field liaison with the user public and local and federal government agencies (Part 0). (c) Participate in international conferences dealing with monitoring and measurements; serve as the point of contact for the United States government in matters of international monitoring, fixed and mobile direction finding, and interference elimination.

(d) Reduce or eliminate interference to authorized communications.

(e) Develop and implement Bureau-wide management programs; prepare consolidated budget estimates and justifications for the Bureau; develop and control execution of operating budgets and financial plans.

(f) Develop and implement Bureau plans for personnel management and organization planning; maintain personnel records; coordinate external management surveys, studies, and audits of Bureau operations; conduct or coordinate internal studies of systems and procedures.

(g) Plan and coordinate requirements for administrative support services such as space and printing.

(h) Develop overall policies, programs, objectives, and priorities (budget year and beyond) for all programs and activities; review program performance, accomplishments, and effectiveness; recommend changes in policies, programs, objectives, and priorities.

(i) Analyze short and long-term technical developments and the impact of predicted growth of existing and new telecommunications services on mission and workload; recommend changes in field enforcement and public service techniques and organization to maximize bureau mission accomplishment; develop plans to integrate new and revised requirements for field enforcement and public service activities into current and future programs.

(j) Recommend legislation and rule changes pertaining to the field enforcement and public service programs; review legislation and rulemaking proposals initiated by other offices with a potential impact on field enforcement and public service operations; determine impact in terms of enforcement techniques and organization, workload, and resource requirements.

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

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

[48 FR 37413, Aug. 18, 1983]

§ 0.112 Units of the Bureau.

The Field Operations Bureau is comprised of the following units:

(a) Office of the Bureau Chief,

(b) Enforcement Division,

(d) Public Service Division, (e) Regional Offices.

[48 FR 37414, Aug. 18, 1983]

§ 0.121 Location of field Installations. (a)-(b) [Reserved]

Allegan, Michigan

42°36'20 N. Latitude 85°57'20" W. Longitude Anchorage, Alaska

61°09'43" N. Latitude 149°59'55" W. Longitude Belfast, Maine

44°26'42" N. Latitude

69°04'58" W. Longitude Canandaigua, New York

42°54'48" N. Latitude 77°15'59 W. Longitude Douglas, Arizona

31°30'02" N. Latitude 109°39'12" W. Longitude Ferndale, Washington

48°57'21 N. Latitude 122°33'13 W. Longitude Fort Lauderdale, Florida 26°06'08 N. Latitude 80°16'42" W. Longitude Grand Island, Nebraska 40°55'21 N. Latitude 98°25'42" W. Longitude Kingsville, Texas

27°26'29" N. Latitude 97°53'00" W. Longitude Laurel, Maryland

39°09'54" N. Latitude 76°49'17" W. Longitude Livermore, California 37°43'30" N. Latitude 121°45'12" W. Longitude Powder Springs, Georgia 33°51'44 N. Latitude 84°43'26" W. Longitude Sabana Seca, Puerto Rico 18°27′23′′ N. Latitude 66°13'37 W. Longitude Waipahu, Hawaii

21°22'45 N. Latitude 157°59'54" W. Longitude

(Secs. 4(i), 303(r) of the Communications Act of 1934, as amended; 47 CFR 0.231) [48 FR 54979, Dec. 8, 1983]

PRIVATE RADIO BUREAU

$0.131 Functions of the Bureau.

The Private Radio Bureau develops, recommends, and administers policies and programs for the development and regulation of the Private Radio Services. These services include nationwide and international uses of radio by persons, businesses, state and local governments, and other organizations licensed to operate their own communications systems for their own use as an adjunct of their primary business or other activity. This program includes, among others (1) the compulsory use of radio for safety at sea purposes, and (2) the regulation of public coast stations. The Bureau performs the following functions:

(a) Advises and makes recommendations to the Commission and acts for the Commission in matters pertaining to the regulation and development of the Private Radio Services.

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Rules and Regulations, Part 13