same manner as actions taken by the Commission en banc.

(e) This section has no application in circumstances in which the Commission is unable to function at its offices in Washington, D.C. See §§ 0.181-0.186 and 0.381-0.387.

[30 F.R. 9314, July 27, 1965]

§ 0.215 Telecommunications Committee. A Telecommunications Committee, composed of three Commissioners, designated as such by the Commission, or a majority thereof, will act, except as otherwise ordered by the Commission, upon all applications or requests submitted under section 214 or 319 of the Communications Act of 1934, as amended, by communications common carriers, for certificates or authorizations for the construction, acquisition, operation, or extension of wire, cable, or radio facilities, for temporary or emergency service, for supplementing existing facilities, for discontinuance, reduction, or impairment of service, except those covered by § 0.291.

[40 FR 7451, Feb. 20, 1975]

§ 0.216

Delegation to Subscription Tele. vision Committee.

(a) A Subscription Television Committee, composed of three Commissioners, designated as such by the Commission, or a majority thereof, will act, except as otherwise ordered by the Commission, upon all requests and other matters pertaining to trial subscription television operations authorized in accordance with the provisions of the Third Report in Docket No. 11279, with the exception of applications for authority to conduct trial subscription television operations on stations not previously engaged in such operations.

(b) All actions which are taken by the Subscription Television Committee which dispose of requests or application shall be recorded in writing and filed in the official minutes of the Commission. [28 FR. 13746, Dec. 17, 1963]

which may arise while the proceeding is in hearing status.

(b) One or more members of the Commission may be designated to review an initial decision issued in any hearing

case.

(c) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a Commissioner or Commissioners pursuant to the provisions of this section shall be recorded in writing and filed in the official minutes of the Commission. EXECUTIVE DIRECTOR

§ 0.231 Authority delegated.

(a) The Executive Director, or his designee, is delegated authority to exempt Standard, FM, and Television broadcast licensees from the requirement of installing and maintaining the necessary equipment to receive Emergency Action Notifications and Terminations and arranging for either an associated listening watch, or automatic alarm, or both. (See § 73.922 of this chapter.)

(b) The Executive Director, or his designee, upon securing concurrence of the General Counsel, is delegated authority to execute in the name of the Commission all agreements pertaining to the loan of United States Government property to radio station licensees for national defense purposes.

(c) The Executive Director, or his designee, upon securing concurrence of the General Counsel. is delegated authority to act upon requests for waiver of the filing fee requirements for modification applications occasioned by natural disasters.

(d) The Executive Director, or his designee, is delegated authority to make nonsubstantive, editorial revisions of the Commission's rules and regulations upon approval of the bureau or staff office primarily responsible for the particular part or section involved.

(e) [Reserved]

(f) The Executive Director, or his designee, upon securing concurrence of the General Counsel, is delegated authority, within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. § 2672, to grant tort claims directed against the Commission where the amount of damages does not exceed $5,000.

[29 FR 14656, Oct. 28, 1964, as amended at 30 FR 14106, Nov. 9, 1965; 36 FR 15121, Aug. 13, 1971; 36 FR 23298, Dec. 8, 1971; 40 FR 17254, Apr. 18, 1975]

§ 0.241

CHIEF ENGINEER

Authority delegated to the Chief Engineer.

The Chief Engineer is delegated avthority to act upon the following matters which are not in hearing status:

(a) With respect to type approval of radio frequency equipment and certification of radio frequency equipment as acceptable for licensing. to exercise all functions of the Commission pertaining to the:

(1) Examination of all applications for type approval of radio frequency equipment as provided for in this chapter: performance of tests, analysis of data, and determination of compliance with the provisions of this chapter: issuance of type approval certificates for radio frequency equipment which complies with the provisions of this chapter: and issuance of lists of type approved equipment.

(2) Examination of all applications for certification of radio frequency equipment as acceptable for licensing as provided for in this chapter: notification to the applicant that an examination of the certified technical information and data submitted in accordance with the provisions of this chapter indicates that the equipment does or does not appear to be acceptable for licensing in the particular radio service or services involved and issuance of lists of radio frequency equipment certified as acceptable for licensing.

(3) Examination of all applications for certification (approval) of subscription television technical systems as acceptable for use under a subscription television authorization as provided for in this chapter; notification of the applicant that an examination of the certified technical information and data submitted in accordance with the provisions of this chapter indicates that the system does or does not appear to be acceptable for authorization as a subscription television system; and issuance of a list of subscription television systems certified as acceptable for authorization. The delegation granted in this subparagraph shall be exercised in consultation with the Chief, Broadcast Bureau.

(b) With respect to stations operating in the Experimental Radio Service that are not engaged in the development of an established service and administered

by a single Bureau, to act upon the following matters:

(1) Applications to assign frequencies, power, emission, and types of equipment and to approve the apparatus to be employed by these radio stations so as to provide the maximum results from the experimentation which can reasonably be expected of the licensee.

(2) Applications from existing licensees which involve a change in frequency, power, or type of emission.

(3) Applications which involve only a change in location, type, model, design or number of transmitters.

(4) Requests by licensees or permittees for cancellation of their station licenses, construction permits or other authorizations.

(5) Applications for license or modification of license to cover construction permit.

(6) Applications for renewal of licenses.

(7) Applications for extension of the expiration date of construction permits

(8) For addition, modification, or coordination of programs of research or experimentation so as to provide the maximum results from the experimentation which can be reasonably expected of the licensee or licensees.

a

(9) Requests for operation with modified antenna system where formal application is not required.

(10) Requests for extension of time within which to comply with technical requirements specified in authorizations, orders, rules, or releases of Commission.

(11) Representation of compliance with technical requirements specified in authorizations, orders, rules, or releases of the Commission (except formal applications).

(12) Requests to operate at a temporary location with a temporary antenna system.

(13) Request for special conditions of operation necessary to comply with technical requirements specified in authorizations, orders, rules, or releases of the Commission.

(14) Request for special temporary authority in emergency cases, at times outside of the regular office hours of the Commission and requiring immediate action during those hours.

(15) Request for exemption from station identification requirements.

(16) Request for exemption from transmitter control requirements.

(17) Request for exemption from limitation on authorized points of communication.

(c) To assign new or modified call signs to stations in all of the radio services except the Citizens and Amateur Radio Services. See 880.332(a) and 1.550 of this chapter.

[28 F.R. 12402, Nov. 22, 1963, as amended at 28 F.R. 14502, Dec. 31, 1963; 29 F.R. 15577. Nov. 20, 1964; 34 F.R. 14375, Sept. 13, 1969]

§ 0.242 Additional authority delegated to the Chief Engineer.

The Chief Engineer insofar as the Regional Spectrum Management Program is concerned is delegated authority to act, in coordination with the bureaus having primary responsibility for the radio service involved, upon the following applications, requests, extensions, and other matters involving frequencies below 512 MHz allocated to the radio services listed in paragraphs (a) and (b) of this section, which are not in hearing status, in those areas where a regional center has been established:

(a) In accordance with applicable rules, all applications filed in a region for authorizations in the Public Safety, Land Transportation, and Industrial Radio Services (excluding applications in the Industrial Radiolocation Service) and for Class A citizens radio station authorizations.

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

(c) On the following matters insofar as they involve the Public Safety, Industrial, Land Transportation (excluding the Industrial Radiolocation Service), Citizens Radio Service (Class A only) or Remote Pickup Broadcast Service (shared frequencies only).

(1) Requests for extensions of time for equipment or service tests or within which to comply with technical requirements specified in authorizations, orders, and rules or releases of the Commission.

(2) Requests for withdrawal of papers in accordance with § 1.8 of this subchapter.

(3) Requests for extension of time within which briefs, comments, and pleadings may be filed in rulemaking proceedings.

(4) To make the finding of emergency involving danger to life or property or due to damage to equipment, as provided by section 308 (a) of the Communications Act of 1934, as amended.

(5) Cancellation of station licenses, construction permits, or other authorlzations upon the requests of the licensee or permittee or upon abandonment of the station.

(6) Petitions or requests seeking waiver of or exception to any rule, regulation, or requirement, and to act upon petitions or requests relating to the assignment of frequencies but requiring action under § 2.102 of this subchapter, when he finds that the operation for which permission is sought (i) is of a nonrecurring nature and does not warrant rule making proceedings with a view to establishing it on a regular basis, (ii) will not exceed 180 days, and (iii) will cause no harmful interference to any service operating in accordance with the Table of Frequency Allocations. This delegation does not apply to requests for renewals of any authority to operate granted hereunder.

(7) To grant the authorizations provided for in § 2.102(c) of this subchapter.

(8) To act on requests for waiver of application procedures to allow a licensee to submit a request for the identical modification or assignment of a number of outstanding authorizations without filing a separate application for each station. Action taken under the delegation does not include authority to waive or reduce applicable fee requirements which shall be determined as if separate applications were filed for each station.

(9) To dismiss applications without prejudice in cases where, prior to designation of such application for hearing, an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(10) Requests for extension of time within which to file pleadings concerning applications which are not in hearing status.

(11) To dismiss petitions and other pleadings relating to matters not in hearing status which have clearly been rendered moot.

(12) 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.

(13) To dismiss or deny petitions for rule making which are repetitive or moot

or which, for other reasons, plainly do not warrant consideration by the Commission.

(14) To act on requests for assignment of call signs to new stations in the Citizens Radio Service (Class A only) and for changes in the call signs of existing stations in this service.

(d) Except as otherwise provided in § 1.61 of this subchapter, with respect to the construction, marking, and lighting of antenna towers and supporting structures, to exercise the functions of the Commission as set forth in Part 17 of this subchapter: Provided, however, That in cases in which the Federal Aviation Administration recommends denial of any application, the Chief Engineer will submit the application to the Commission for appropriate action.

[37 FR 28418, Dec. 23, 1972]

§ 0.243

Authority delegated to the Chief Engineer upon securing concurrence of the General Counsel.

(a) The Chief Engineer, upon securing concurrence of the General Counsel, is delegated authority with respect to stations operating in the experimental radio services. other than experimental and developmental stations operating in established services under the jurisdiction of a single bureau, to act upon the following matters:

(1) Applications for construction permits for new stations.

(2) All requests for withdrawal of papers in accordance with 1.8 of this chapter.

(3) Applications for consent to assignment and transfer of control of station authorizations.

(4) The extension of time previously ordered by the Commission within which transfers of control or assignment of licenses be effectuated.

(b) The Chief Engineer, upon securing concurrence of the General Counsel, is authorized to determine under § 1.80 of this chapter whether forfeiture liability has been incurred in connection with the operation of any station governed by Part 5 of this chapter, and to issue notices of apparent liability as provided in § 1.80.

(c) The Chief Engineer, upon securing concurrence of the General Counsel, is delegated authority to act upon requests for waiver of the all-channel television receiver rules contained in Part

15 of this chapter where the receiver involved in such requests is an integral part of a hospital communications system. In such cases, a grant may be made when there is no danger of adversely affecting the audience potential of present or future UHF television stations, and benefits are to be derived from the grant of the requests.

(d) The Chief Engineer, upon securing concurrence of the General Counsel, is authorized 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.

(e) The Chief Engineer, upon securing concurrence of the General Counsel, is authorized to dismiss or deny petitions for rule making which are repetitive or moot or which. for other reasons, plainly do not warrant consideration by the Commission.

[28 F.R. 12402. Nov. 22, 1963, as amended at 29 F.R. 10585. July 20, 1964; 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4456, Mar. 16, 1966] § 0.217

Record of actions taken.

The application and authorization files and other appropriate files of the Office of the Chief Engineer are designated as the official minute entries of actions taken pursuant to §§ 0.241 and 0.243.

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

(b) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority to act upon requests for extension of time within which briefs, comments or pleadings may be filed.

(c) The General Counsel is delegated authority 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) The General Counsel is delegated authority to dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do

not warrant consideration by the Commission.

[28 F.R. 12402, Nov. 22, 1963, as amended at 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4456, Mar. 16, 1966; 31 F.R. 11756, Sept. 8, 1966; 31 F.R. 13474, Oct. 19, 1966]

CHIEF, BROADCAST BUREAU

§ 0.281 Authority delegated.

The performance of functions and activities described in § 0.71 is delegated to the Chief, Broadcast Bureau: Provided, That the following matters shall be referred by the Chief, Broadcast Bureau, to the Commission en banc for disposition:

(a) Applications. Formal and informal applications for new or modified AM, FM, and TV facilities, and for the renewal, assignment, and transfer of construction permits and licenses involving such facilities, when such applications fail to satisfy the requirements of Commission rules or established Commission policy in the following areas of special concern:

(1) Multiple ownership, concentration of control, and cross-interests. (i) Acquisition of a third broadcast station within 100 miles of a presently owned station; "one-to-a-market" situations involving UHF stations or TV satellite stations; and duopoly situations involving TV satellite stations. (Commonly owned AM and FM stations in the same market are treated as one station for the purpose of the "third station" limitation.)

(ii) Acquisition of a broadcast station by a newspaper in the same area, or other organization having substantial interests in the print media in the same

area.

(iii) Creation of common ownership interests, management ties, or employment relationships between licensees serving substantial common areas and populations. Commonality of areas and populations served shall be determined in duopoly situations by overlap of the following service contours:

AM-1 mVm; FM-1 mVm; and TV-Grade B. In "one-to-a-market" situations, commonality of areas and populations served shall be determined by community encompassment with the following service contours: AM-2 mVm; FM-1 mVm; and TV-Grade A.

(iv) Acquisition of broadcast properties by corporations or individuals appearing to dominate the economic life of the community.

(2) Trafficking. Acquisition of broadcast properties by persons having a history of short term buying and selling such properties, or seeking waiver of the "three-year rule" (§ 1.597 of this chapter) when the seller will realize a profit.

(3) Anti-trust activity, unfair trade practices, and violations of law not previously considered by the Commission. (i) Proposals by applicants against whom communications-related anti-trust suits are pending or against whom there is pending any anti-trust suit in which an adverse verdict has been reached.

(ii) Proposals by applicants who have entered into a consent decree, have pleaded guilty or nolo contendere, or have been adjudged guilty in an anti-trust case during the three-year period preceding the filing of the application.

(iii) Proposals by applicants who have been the subject of a final cease and desist or consent order issued by the Federal Trade Commission during the three-year period preceding the filing of the application.

(iv) Proposals by applicants or including parties with felony or capital offense conviction records, or against whom a criminal proceeding is pending.

(4) Violations and complaint matters. Proposals filed by applicants against whom violation notices of a serious nature are outstanding or against whom questions suggesting serious misconduct remain unresolved, or by applicants with records of serious past misconduct.

(5) Equal employment opportunities. Proposals filed by applicants whose equal employment opportunities programs do not comply with Commission rules or policies and cannot be cleared by further staff inquiry or action, or whose past performance suggests the existence of discriminatory practices.

(6) Short-term licenses and renewals. Proposals which in the opinion of the Chief, Broadcast Bureau, warrant the issuance of a short-term license or renewal authorization.

(7) Programming: Commercial matter. (i) Commercial AM and FM proposals in non-seasonal markets exceeding 18 minutes of commercial matter per hour, or providing for exceptions permiting in excess of 20 minutes of commercial matter per hour during 10 percent or more of the station's total weekly hours of operation, or, during periods of high demand for political advertising, providing for exceptions permitting in