Sec.  0.111   Functions of the Bureau.

   (a) Serve as the primary Commission entity responsible for enforcement of
   the Communications Act and other communications statutes, the Commission's
   rules, Commission orders and Commission authorizations, other than matters
   that are addressed in the context of a pending application for a license or
   other  authorization  or  in  the context of administration, including
   post-grant  administration,  of  a licensing or other authorization or
   registration program.

   (1) Resolve complaints, including complaints filed under section 208 of the
   Communications  Act,  regarding  acts  or omissions of common carriers
   (wireline, wireless and international).

   Note to paragraph (a)(1): The Consumer and Governmental Affairs Bureau has
   primary  responsibility  for  informally resolving individual informal
   complaints from consumers against common carriers (wireline, wireless and
   international) and against other wireless licensees, and informal consumer
   complaints involving access to telecommunications services and equipment for
   persons  with  disabilities.  The  International  Bureau  has  primary
   responsibility for complaints regarding international settlements rules and
   policies.

   (2) Resolve complaints regarding acts or omissions of non-common carriers
   subject  to  the  Commission's  jurisdiction  under  Title  II  of the
   Communications Act and related provisions, including complaints against
   aggregators under section 226 of the Communications Act and against entities
   subject to the requirements of section 227 of the Communications Act.

   Note to paragraph (a)(2): The Consumer and Governmental Affairs Bureau has
   primary  responsibility  for  informally resolving individual informal
   complaints  from  consumers against non-common carriers subject to the
   Commission's jurisdiction under Title II of the Communications Act and
   related provisions.

   (3) Resolve formal complaints regarding accessibility to communications
   services and equipment for persons with disabilities, including complaints
   filed pursuant to sections 225 and 255 of the Communications Act.

   (4) Resolve complaints regarding radiofrequency interference and complaints
   regarding radiofrequency equipment and devices, including complaints of
   violations of sections 302 and 333 of the Communications Act.

   Note to paragraph (a)(4): The Office of Engineering and Technology has
   shared responsibility for radiofrequency equipment and device complaints.

   (5) Resolve complaints regarding compliance with the Commission's Emergency
   Alert System rules.

   (6)  Resolve  complaints  regarding  the lighting and marking of radio
   transmitting towers under section 303(q) of the Communications Act.

   Note  to  paragraph (a)(6): The Wireless Telecommunications Bureau has
   responsibility for administration of the tower registration program.

   (7) Resolve complaints regarding compliance with statutory and regulatory
   provisions regarding indecent communications subject to the Commission's
   jurisdiction.

   (8)  Resolve  complaints  regarding the broadcast and cable television
   children's television programming commercial limits contained in section 102
   of the Children's Television Act.

   Note  to  paragraph  (a)(8):  The  Media Bureau has responsibility for
   enforcement of these limits in the broadcast television renewal context.

   (9) Resolve complaints regarding unauthorized construction and operation of
   communications facilities, including complaints of violations of section 301
   of the Communications Act.

   (10) Resolve complaints regarding false distress signals under section
   325(a) of the Communications Act.

   (11) Resolve other complaints against Title III licensees and permittees.

   Note to paragraph (a)(11): The Media Bureau has primary responsibility for
   complaints regarding children's television programming requirements, and for
   political and related programming matters and equal employment opportunity
   matters involving broadcasters, cable operators and other multichannel video
   programming  distributors.  The  relevant licensing Bureau has primary
   responsibility for complaints involving tower siting and the Commission's
   environmental  rules.  The Media Bureau has primary responsibility for
   complaints regarding compliance with conditions imposed on transfers of
   control  and  assignments  of  licenses of Cable Antenna Relay Service
   authorizations.

   (12) Resolve complaints regarding pole attachments filed under section 224
   of the Communications Act.

   (13) Resolve complaints regarding multichannel video and cable television
   service under part 76 of the Commission's rules.

   Note to paragraph (a)(13): The Media Bureau has primary responsibility for
   complaints regarding the following: subpart A (general), with the exception
   of  Sec. 76.11 of this chapter; subpart B (Registration Statements); subpart C
   (Federal-State/Local  Relationships [Reserved]; subpart D (carriage of
   television broadcast signals); subpart E (equal employment opportunity
   requirements);  subpart  F  (nonduplication  protection and syndicated
   exclusivity);  subpart  G,  Sec.  Sec. 76.205, 76.206 and 76.209 of this chapter
   (political  broadcasting);  subpart  I  (Forms and Reports); subpart J
   (ownership); subpart L (cable television access); subpart N,  Sec. 76.944 of this
   chapter (basic cable rate appeals), and  Sec.  Sec. 76.970, 76.971 and 76.977 of this
   chapter (cable leased access rates); subpart O (competitive access to cable
   programming); subpart P (competitive availability of navigation devices);
   subpart  Q  (regulation of carriage agreements); subpart S (Open Video
   Systems); and subparts T, U and V to the extent related to the matters
   listed in this note.

   (14) Resolve universal service suspension and debarment proceedings pursuant
   to  Sec. 54.521 of this chapter.

   (15)  Resolve complaints regarding other matters assigned to it by the
   Commission, matters that do not fall within the responsibility of another
   Bureau or Office or matters that are determined by mutual agreement with
   another Bureau or Office to be appropriately handled by the Enforcement
   Bureau.

   (16) Identify and analyze complaint information, conduct investigations,
   conduct external audits and collect information, including pursuant to
   sections 218, 220, 308(b), 403 and 409(e) through (k) of the Communications
   Act, in connection with complaints, on its own initiative or upon request of
   another Bureau or Office.

   (17) Issue or draft orders taking or recommending appropriate action in
   response to complaints or investigations, including, but not limited to,
   admonishments, damage awards where authorized by law or other affirmative
   relief, notices of violation, notices of apparent liability and related
   orders, notices of opportunity for hearing regarding a potential forfeiture,
   hearing  designation  orders,  orders  designating  licenses  or other
   authorizations for a revocation hearing and consent decrees. Issue or draft
   appropriate orders after a hearing has been terminated by an Administrative
   Law Judge on the basis of waiver. Issue or draft appropriate interlocutory
   orders and take or recommend appropriate action in the exercise of its
   responsibilities.

   (18) Encourage cooperative compliance efforts.

   (19) Mediate and settle disputes.

   (20) Provide information regarding pending complaints, compliance with
   relevant requirements and the complaint process, where appropriate and to
   the  extent  the  information  is  not available from the Consumer and
   Governmental Affairs Bureau or other Bureaus and Offices.

   (21) Exercise responsibility for rulemaking proceedings regarding general
   enforcement policies and procedures.

   (22) Advise the Commission or responsible Bureau or Office regarding the
   enforcement and homeland security implications of existing and proposed
   rules.

   (23) Serve as the primary point of contact for coordinating enforcement
   matters, including market and consumer enforcement matters, with other
   federal,  state and local government agencies, as well as with foreign
   governments after appropriate consultation, and provide assistance to such
   entities. Refer matters to such entities, as well as to private sector
   entities, as appropriate.

   (b) Serve as trial staff in formal hearings conducted pursuant to 5 U.S.C.
   556  regarding applications, revocation, forfeitures and other matters
   designated for hearing.

   (c) Under the general direction of the Defense Commissioner, coordinate the
   homeland security activities of the Commission, including national security
   and emergency preparedness and defense mobilization, and provide support to
   the Defense Commissioner with respect to his or her participation in the
   Joint  Telecommunications  Resources  Board, and the National Security
   Telecommunications Advisory Committee and other organizations. Recommend
   national emergency plans and preparedness programs covering Commission
   functions during national emergency conditions. Support the Chief of the
   Wireline Competition, International and Wireless Telecommunications Bureaus
   on matters involving assignment of Telecommunications Service Priority
   System  priorities  and  in  administration of that system. The Chief,
   Enforcement  Bureau,  or that person's designee, acts as FCC Alternate
   Homeland Security and Defense Coordinator and principal to the National
   Communications System. Perform such alternate functions as may be delegated
   during a national emergency or following activation of the President's war
   emergency powers as specified in section 706 of the Communications Act.

   (d)  In  coordination  with  the  International Bureau, participate in
   international conferences dealing with monitoring and measurement; serve as
   the point of contact for the U.S. Government in matters of international
   monitoring, fixed and mobile direction-finding and interference resolution;
   and oversee coordination of non-routine communications and materials between
   the Commission and international or regional public organizations or foreign
   administrations.

   (e) In conjunction with the Office of Engineering and Technology, work with
   technical standards bodies.

   (f) Administer the Commission's Emergency Alert System. Be responsible for
   rulemakings involving the Emergency Alert System.

   (g)  Oversee  the Commission's privatized ship radio safety inspection
   program.

   (h) Have authority to rule on emergency requests for Special Temporary
   Authority during non-business hours.

   (i) Provide field support for, and field representation of, the Bureau,
   other Bureaus and Offices and the Commission. Coordinate with other Bureaus
   and Offices as appropriate.

   (j) Handle congressional and other correspondence relating to or requesting
   specific enforcement actions, specific complaints or other specific matters
   within the responsibility of the Bureau, to the extent not otherwise handled
   by  the  Consumer  Information  Bureau,  the Office of General Counsel
   (impermissible ex parte presentations) or another Bureau or Office.

   (k) Have authority to issue non-hearing related subpoenas for the attendance
   and  testimony  of  witnesses  and  the  production  of books, papers,
   correspondence, memoranda, schedules of charges, contracts, agreements, and
   any other records deemed relevant to the investigation of matters within the
   responsibility of the Bureau. Before issuing a subpoena, the Enforcement
   Bureau shall obtain the approval of the Office of General Counsel.

   (l) Perform such other functions as may be assigned or referred to it by the
   Commission.

   [ 64 FR 60716 , Nov. 8, 1999, as amended at  67 FR 13218 , Mar. 21, 2002;  68 FR 36942 , June 20, 2003;  69 FR 30233 , May 27, 2004]