Sec. 0.283  Authority delegated.

    The performance of functions and activities described in Sec. 0.61 
of this part is delegated to the Chief, Mass Media Bureau: Provided, 
That the following matters shall be referred by the Chief, Mass Media 
Bureau to the Commission en banc for disposition:
    (a) Applications. Formal and informal applications for new or 
modified 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 or modification 
of facilities if such would result in the common ownership of three 
broadcast stations where any two are within 100 miles of a third and 
primary service contour overlap would occur; ``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'' limitations.)
    (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) 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.
    (3) Violations and complaint matters. Proposals filed by applicants 
against whom violation notices of a serious nature are outstanding or 
against whom

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questions suggesting serious misconduct remain unresolved, or by 
applicants with records of serious past misconduct.
    (4) 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.
    (5) Short term licenses and renewals. Proposals which in the opinion 
of the Chief, Mass Media Bureau, warrant the issuance of a short-term 
license or renewal authorization.
    (6) [Reserved]
    (7) Programming: Program content and ascertainment of community 
needs. (i) Applications for new stations or assignments and transfers.
    (A) Commercial AM and FM proposals and commercial TV proposals of 
applicants for new stations and of assignees and transfers that have not 
submitted a narrative statement of their proposed programming.
    (8) [Reserved]
    (9) Hearing orders. (i) Mutually exclusive applications not in the 
Instructional Television Fixed Service, including renewal and 
construction permit applications, involving non-routine hearing issues.
    (ii) Other renewal and assignment and transfer applications which 
appear to call for an evidentiary hearing.
    (iii) Such other applications, as in the opinion of the Chief, Mass 
Media Bureau, warrant referral to the Commission prior to designation 
for hearing.
    (10) Interference and mileage separations. Proposals for new or 
modified AM, FM, and TV facilities which would create substantial new 
prohibited overlap or station separation shortages. In the case of AM 
proposals (other than Class IV), a net increase in objectionable 
interference to another AM station involving more than 1 percent of the 
population served by such other station, whether or not consented to by 
the station affected, shall be referred to the Commission.
    (11) VHF television expansion. Commercial VHF television proposals 
seeking to bring or extend their Grade B contours into a significant 
area or population included within the predicted Grade B contour of a 
UHF television station where the area or population involved is covered 
by fewer than 4 VHF television signals.
    (12) Agreements to amend or dismiss applications. Any situation in 
which a community will be deprived of a proposed broadcast station by 
reason of amendment or dismissal of an application mutually exclusive 
with another application for a different community.
    (13) Experimental and developmental operation. Proposals for 
experimental and developmental authority containing policy implications 
which, in the opinion of the Chief, Mass Media Bureau, warrant referral 
to the Commission.
    (14) Miscellaneous applications and requests. (i) Proposals for 
special temporary, emergency, conditional, or interim operating 
authority of more than routine significance.
    (ii) Any other application, proposals, or request presenting novel 
questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines.
    (b) Petitions and other requests for Commission action. (1) 
Petitions to deny, informal objections, and other petitions, directed 
against AM, FM, and TV applications for new or modified facilities, or 
for renewal, assignment or transfer of control, will be referred to the 
Commission if they: (i) Contain new or novel issues not previously 
considered by the Commission, (ii) appear to justify a change in 
Commission policy; or (iii) present documented allegations of failure to 
comply with the Commission's Equal Employment Opportunity rules and 
policies, or the applicant in question falls outside the applicable 
processing criteria in its employment of women and minorities.
    (2) Petitions and other requests for reconsideration of actions 
taken by the Chief, Mass Media Bureau, when such petitions or requests 
contain new or novel arguments not previously considered by the 
Commission, present facts or arguments which appear to justify a change 
in Commission policy, or request reconsideration of orders designating 
cases for hearing.

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    (3) Applications for review of actions taken by the Chief, Mass 
Media Bureau, which comply with Sec. 1.115 of this chapter.
    (4) 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.
    (5) 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.
    (6) Petitions for rulemaking which have been accepted under 
Sec. 1.403, and final dispositions of rulemaking proceedings not 
involving routine changes in the FM and TV Tables of Assignments.
    (7) Petitions and other requests for waiver of the prime-time access 
rule, in areas where Commission policy is not clearly established.
    (8) Petitions and other requests for long-term waiver of the policy 
limiting affiliations by commonly owned networks in the same market.
    (9) Petitions and other requests for waiver of the sponsorship 
identification provisions of the Communications Act, in accordance with 
section 317(d) thereof.
    (10) Any other petition, pleading, or request presenting novel 
questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines.
    (c) Administration and enforcement. (1) Proposed orders to show 
cause why station licenses or construction permits should not be 
revoked.
    (2) Proposed actions following any case remanded by the courts.
    (3) Notices of opportunity for hearing pursuant to Sec. 1.80(g) of 
this chapter, and notices of apparent liability, final forfeiture 
orders, and orders cancelling or reducing forfeitures imposed under 
Sec. 1.80(f) of this chapter if the amount set out in the notice of 
apparent liability is more than $20,000, except that all forfeiture 
matters relating to the Commission's equal employment opportunity rules 
shall be referred to the Commission.
    (4) Proposed public notices expressing Commission policy, 
interpreting the provisions of law, regulations, or treaties, or warning 
the broadcast industry as to certain types of violations.
    (5) Problems involving apparent violation of the Commission's rules 
governing equal employment opportunities or otherwise indicating the 
existence of discriminatory practices which, in the opinion of the 
Chief, Mass Media Bureau, or the Equal Employment Opportunity Commission 
should be brought to the attention of FCC Commissioners.
    (6) Any other complaint or enforcement matter presenting novel 
questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines.
[ 47 FR 47829 , Oct. 28, 1982, as amended at  47 FR 55929 , Dec. 14, 1982; 
 47 FR 58269 , Dec. 30, 1982;  48 FR 24386 , June 1, 1983;  49 FR 33603 , Aug. 
23, 1984;  57 FR 18088 , Apr. 29, 1992;  61 FR 10689 , Mar. 15, 1996]