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e-CFR Data is current as of October 1, 2007

Title 47: Telecommunication

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PART 0—COMMISSION ORGANIZATION
___________________________________

Section Contents

Subpart A—Organization

General
§ 0.1 The Commission.
§ 0.3 The Chairman.
§ 0.5 General description of Commission organization and operations.
Office of Managing Director
§ 0.11 Functions of the Office.
Office of Inspector General
§ 0.13 Functions of the Office.
Office of Media Relations
§ 0.15 Functions of the Office.
Office of Legislative Affairs
§ 0.17 Functions of the Office.
Office of Strategic Planning and Policy Analysis
§ 0.21 Functions of the Office.
Office of Engineering and Technology
§ 0.31 Functions of the Office.
Office of General Counsel
§ 0.41 Functions of the Office.
International Bureau
§ 0.51 Functions of the Bureau.
Media Bureau
§ 0.61 Functions of the Bureau.
Office of Workplace Diversity
§ 0.81 Functions of the Office.
Wireline Competition Bureau
§ 0.91 Functions of the Bureau.
Office of Communications Business Opportunities
§ 0.101 Functions of the office.
Enforcement Bureau
§ 0.111 Functions of the Bureau.
§ 0.121 Location of field installations.
Wireless Telecommunications Bureau
§ 0.131 Functions of the Bureau.
Consumer and Governmental Affairs Bureau
§ 0.141 Functions of the Bureau.
Office of Administrative Law Judges
§ 0.151 Functions of the Office.
Homeland Security, Defense and Emergency Preparedness Functions
§ 0.181 The Defense Commissioner.
§ 0.185 Responsibilities of the bureaus and staff offices.
§ 0.186 Emergency Relocation Board.
Public Safety and Homeland Security Bureau
§ 0.191 Functions of the Bureau.

Subpart B—Delegations of Authority

General
§ 0.201 General provisions.
§ 0.203 Authority of person, panel, or board to which functions are
delegated.
§ 0.204 The exercise of delegated authority.
Commissioners
§ 0.211 Chairman.
§ 0.212 Board of Commissioners.
§ 0.218 Authority of, and delegated to, an individual Commissioner or
Commissioners.
Managing Director
§ 0.231 Authority delegated.
Chief Engineer
§ 0.241 Authority delegated.
§ 0.247 Record of actions taken.
General Counsel
§ 0.251 Authority delegated.
International Bureau
§ 0.261 Authority delegated.
§ 0.262 Record of actions taken.
Office of Strategic Planning and Policy Analysis
§ 0.271 Authority delegated.
Chief, Media Bureau
§ 0.283 Authority delegated.
§ 0.284 Actions taken under delegated authority.
§ 0.285 Record of actions taken.
Chief, Wireline Competition Bureau
§ 0.291 Authority delegated.
§ 0.301 [Reserved]
§ 0.302 Record of actions taken.
§ 0.303 [Reserved]
§ 0.304 Authority for determinations of exempt telecommunications company
status.
Enforcement Bureau
§ 0.311 Authority delegated.
§ 0.314 Additional authority delegated.
§ 0.317 Record of action taken.
Wireless Telecommunications Bureau
§ 0.331 Authority delegated.
§ 0.332 Actions taken under delegated authority.
§§ 0.333-0.337 [Reserved]
Administrative Law Judges
§ 0.341 Authority of administrative law judge.
§ 0.347 Record of actions taken.
Chief Administrative Law Judge
§ 0.351 Authority delegated.
§ 0.357 Record of actions taken.
Consumer and Governmental Affairs Bureau
§ 0.361 Authority delegated.
Office of Communications Business Opportunities
§ 0.371 Authority delegated.
National Security and Emergency Preparedness Delegations
§ 0.381 Defense Commissioner.
§ 0.383 Emergency Relocation Board, authority delegated.
§ 0.387 Other national security and emergency preparedness delegations;
cross reference.
Office of Workplace Diversity
§ 0.391 Authority delegated.
Public Safety and Homeland Security Bureau
§ 0.392 Authority delegated.

Subpart C—General Information

General
§ 0.401 Location of Commission offices.
§ 0.403 Office hours.
§ 0.405 Statutory provisions.
§ 0.406 The rules and regulations.
§ 0.408 OMB control numbers and expiration dates assigned pursuant to the
Paperwork Reduction Act of 1995.
§ 0.409 Commission policy on private printing of FCC forms.
Printed Publications
§ 0.411 General reference materials.
§ 0.413 The Commission's printed publications.
§ 0.414 The Communications Act and other statutory materials.
§ 0.415 The rules and regulations (looseleaf service).
§ 0.416 The Federal Communications Commission Record.
§ 0.417 The Annual Reports.
§ 0.420 Other Commission publications.
Forms and Documents Available Upon Request
§ 0.421 Application forms.
§ 0.422 Current action documents and public notices.
§ 0.423 Information bulletins.
Lists Containing Information Compiled by the Commission
§ 0.431 The FCC service frequency lists.
§ 0.434 Data bases and lists of authorized broadcast stations and pending
broadcast applications.
Public Information and Inspection of Records
§ 0.441 General.
§ 0.442 Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.
§ 0.445 Publication, availability and use of opinions, orders, policy
statements, interpretations, administrative manuals, and staff instructions.
§ 0.451 Inspection of records: Generally.
§ 0.453 Public reference rooms.
§ 0.455 Other locations at which records may be inspected.
§ 0.457 Records not routinely available for public inspection.
§ 0.458 Nonpublic information.
§ 0.459 Requests that materials or information submitted to the Commission
be withheld from public inspection.
§ 0.460 Requests for inspection of records which are routinely available
for public inspection.
§ 0.461 Requests for inspection of materials not routinely available for
public inspection.
§ 0.463 Demand by competent authority for the production of documents or
testimony concerning information contained therein.
§ 0.465 Request for copies of materials which are available, or made
available, for public inspection.
§ 0.466 Definitions.
§ 0.467 Search and review fees.
§ 0.468 Interest.
§ 0.469 Advance payments.
§ 0.470 Assessment of fees.
Places for Making Submittals or Requests, for Filing Applications, and for
Taking Examinations
§ 0.471 Miscellaneous submittals or requests.
§ 0.473 Reports of violations.
§ 0.475 Applications for employment.
§ 0.481 Place of filing applications for radio authorizations.
§ 0.482 Application for waiver of wireless radio service rules.
§ 0.483 Applications for amateur or commercial radio operator licenses.
§ 0.484 Amateur radio operator examinations.
§ 0.485 Commercial radio operator examinations.
§ 0.489 Applications for ship radio inspection and periodical survey.
§ 0.491 Application for exemption from compulsory ship radio requirements.
§ 0.493 Non-radio common carrier applications.

Subpart D—Mandatory Declassification of National Security Information

§ 0.501 General.
§ 0.502 Purpose.
§ 0.503 Submission of requests for mandatory declassification review.
§ 0.504 Processing requests for declassification.
§ 0.505 Fees and charges.
§ 0.506 FOIA and Privacy Act requests.

Subpart E—Privacy Act Regulations

§ 0.551 Purpose and scope; definitions.
§ 0.552 Notice identifying Commission systems of records.
§ 0.553 New uses of information.
§ 0.554 Procedures for requests pertaining to individual records in a
system of records.
§ 0.555 Disclosure of record information to individuals.
§ 0.556 Request to correct or amend records.
§ 0.557 Administrative review of an initial decision not to amend a
record.
§ 0.558 Advice and assistance.
§ 0.559 Disclosure of disputed information to persons other than the
individual to whom it pertains.
§ 0.560 Penalty for false representation of identity.
§ 0.561 Exemptions.

Subpart F—Meeting Procedures

§ 0.601 Definitions.
§ 0.602 Open meetings.
§ 0.603 Bases for closing a meeting to the public.
§ 0.605 Procedures for announcing meetings.
§ 0.606 Procedures for closing a meeting to the public.
§ 0.607 Transcript, recording or minutes; availability to the public.

Subpart G—Intergovernmental Communication

§ 0.701 Intergovernmental Advisory Committee.
___________________________________

Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless
otherwise noted.

Subpart A—Organization

top

Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

General

top

§ 0.1 The Commission.

top

The Federal Communications Commission is composed of five (5) members who
are appointed by the president subject to confirmation by the Senate.
Normally, one Commissioner is appointed or reappointed each year, for a term
of five (5) years.

[ 53 FR 29054 , Aug. 2, 1988]

§ 0.3 The Chairman.

top

(a) One of the members of the Commission is designated by the President to
serve as Chairman, or chief executive officer, of the Commission. As
Chairman, he has the following duties and responsibilities:

(1) To preside at all meetings and sessions of the Commission.

(2) To represent the Commission in all matters relating to legislation and
legislative reports; however, any other Commissioner may present his own or
minority views or supplemental reports.

(3) To represent the Commission in all matters requiring conferences or
communications with other governmental officers, departments or agencies.

(4) To coordinate and organize the work of the Commission in such a manner
as to promote prompt and efficient disposition of all matters within the
jurisdiction of the Commission.

(b) The Commission will, in the case of a vacancy in the Office of the
Chairman of the Commission, or in the absence or inability of the Chairman
to serve, temporarily designate one of its members to act as Chairman until
the cause or circumstance requiring such designation has been eliminated or
corrected.

[ 32 FR 10569 , July 19, 1967]

§ 0.5 General description of Commission organization and operations.

top

(a) Principal staff units. The Commission is assisted in the performance of
its responsibilities by its staff, which is divided into the following
principal units:

(1) Office of Managing Director.

(2) Office of Engineering and Technology.

(3) Office of General Counsel.

(4) Office of Strategic Planning and Policy Analysis.

(5) Office of Media Relations.

(6) Office of Legislative Affairs.

(7) Office of Inspector General.

(8) Office of Communications Business Opportunities.

(9) Office of Administrative Law Judges.

(10) Office of Workplace Diversity

(11) Wireline Competition Bureau.

(12) Wireless Telecommunications Bureau.

(13) International Bureau.

(14) Media Bureau.

(15) Enforcement Bureau.

(16) Consumer and Governmental Affairs Bureau.

(17) Public Safety and Homeland Security Bureau.

(b) Staff responsibilities and functions. The organization and functions of
these major staff units are described in detail in §§0.11 through 0.151. The
defense and emergency preparedness functions of the Commission are set forth
separately, beginning at §0.181. For a complete description of staff
functions, reference should be made to those provisions. (See also the U.S.
Government Organization Manual, which contains a chart showing the
Commission's organization, the names of the members and principal staff
officers of the Commission, and other information concerning the
Commission.)

(c) Delegations of authority to the staff. Pursuant to section 5(c) of the
Communications Act, the Commission has delegated authority to its staff to
act on matters which are minor or routine or settled in nature and those in
which immediate action may be necessary. See subpart B of this part. Actions
taken under delegated authority are subject to review by the Commission, on
its own motion or on an application for review filed by a person aggrieved
by the action. Except for the possibility of review, actions taken under
delegated authority have the same force and effect as actions taken by the
Commission. The delegation of authority to a staff officer, however, does
not mean that he will exercise that authority in all matters subject to the
delegation. In non-hearing matters, the staff is at liberty to refer any
matter at any stage to the Commission for action, upon concluding that it
involves matters warranting the Commission's consideration, and the
Commission may instruct the staff to do so.

(d) Commission action. Matters requiring Commission action, or warranting
its consideration, are dealt with by the Commission at regular monthly
meetings, or at special meetings called to consider a particular matter.
Meetings are normally held at the principal offices of the Commission in the
District of Columbia, but may be held elsewhere in the United States. In
appropriate circumstances, Commission action may be taken between meetings
“by circulation”, which involves the submission of a document to each of the
Commissioners for his approval.

(e) Compliance with Federal financial management requirements. Any Bureau or
Office recommending Commission action that may affect agency compliance with
Federal financial management requirements must confer with the Office of
Managing Director. Such items will indicate the position of the Managing
Director when forwarded to the Commission. Any Bureau or Office taking
action under delegated authority that may affect agency compliance with
Federal financial management requirements must confer with the Office of the
Managing Director before taking action.

(Secs. 4(i), 303(r) and 5(c)(i), Communications Act of 1934, as amended; 47
CFR 0.61 and 0.283)

[ 32 FR 10569 , July 19, 1967]

Editorial Note: ForFederal Registercitations affecting §0.5, see the List
of CFR Sections Affected, which appears in the Finding Aids section of the
printed volume and on GPO Access.

Office of Managing Director

top

§ 0.11 Functions of the Office.

top

(a) The Managing Director is appointed by the Chairman with the approval of
the Commission. Under the supervision and direction of the Chairman, the
Managing Director shall serve as the Commission's chief operating and
executive official with the following duties and responsibilities:

(1) Provide managerial leadership to and exercise supervision and direction
over the Commission's Bureaus and Offices with respect to management and
administrative matters but not substantive regulatory matters such as
regulatory policy and rule making, authorization of service, administration
of sanctions, and adjudication.

(2) Formulate and administer all management and administrative policies,
programs, and directives for the Commission consistent with authority
delegated by the Commission and the Chairman and recommend to the Chairman
and the Commission major changes in such policies and programs.

(3) Assist the Chairman in carrying out the administrative and executive
responsibilities delegated to the Chairman as the administrative head of the
agency.

(4) Advise the Chairman and Commission on management, administrative, and
related matters; review and evaluate the programs and procedures of the
Commission; initiate action or make recommendations as may be necessary to
administer the Communications Act most effectively in the public interest.
Assess the management, administrative, and resource implications of any
proposed action or decision to be taken by the Commission or by a Bureau or
Office under delegated authority; recommend to the Chairman and Commission
program priorities, resource and position allocations, management, and
administrative policies.

(5) Plan and administer the Commissions performance review system. Assure
that objections, priorities, and action plans established by Bureau and
Offices are consistent with overall Commission objectives and priorities.

(6) Plan and administer the Commission's Program Evaluation System. Ensure
that evaluation results are utilized in Commission decision-making and
priority-setting activities.

(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; training; budget and financial management;
accounting for the financial transactions of the Commission and preparation
of financial statements and reports; 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) [Reserved]

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

(b) The Secretary is the official custodian of the Commission's documents.

(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; 49 FR 45583 , Nov. 19, 1984; 50 FR 27953 , July 9, 1985; 53 FR 29054 , Aug. 2, 1988;
53 FR 47536 , Nov. 23, 1988; 54 FR 152 , Jan. 4, 1989; 59 FR 26971 , May 25,
1994; 60 FR 5323 , Jan. 27, 1995; 62 FR 15853 , Apr. 3, 1997; 62 FR 51052 ,
Sept. 30, 1997; 67 FR 13217 , Mar. 21, 2002; 69 FR 30233 , May 27, 2004; 70 FR 21651 , Apr. 27, 2005; 71 FR 69034 , Nov. 29, 2006]

Office of Inspector General

top

§ 0.13 Functions of the Office.

top

The Office of Inspector General is directly responsible to the Chairman as
head of the agency. However, the Chairman may not prevent or prohibit the
Office of Inspector General from carrying out its duties and
responsibilities as mandated by the Inspector General Act Amendments of 1988
(Pub. L. 100–504) and the Inspector General Act of 1978 (5 U.S.C. Appendix
3), as amended. The Office has the following duties and responsibilities.

(a) Provide policy direction for and to conduct, supervise and coordinate
audits and investigations relating to the programs and operations of the
Federal Communications Commission.

(b) Review existing and proposed legislation and regulations relating to
programs and operations of the Commission and to make recommendations in its
required semiannual reports to Congress concerning the impact of such
legislation or regulations on the economy and efficiency in the
administration of these programs and operations, or the prevention and
detection of fraud and abuse in such programs and operations.

(c) Recommend policies and conduct or coordinate other activities to promote
economy and efficiency in the administration of Commission programs, or
detect and prevent fraud and abuse in Commission activities. Coordinate with
other governmental agencies and non-governmental entities on these matters.

(d) Keep the Chairman of the Commission—and through him the other
Commissioners—and the Congress fully and currently informed concerning fraud
and other serious problems, abuses, and deficiencies relating to the
administration of Commission programs and operations; recommend corrective
action and report on the progress made in implementing such corrective
action. In addition to providing the Chairman with the results of completed
audits and inspections, the Inspector General shall prepare statutorily
required reports, identified as such, to include:

(1) Semiannual reports summarizing activities of the office during the
preceding six month period (due to the Chairman by April 30 and October 31);

(2) Special reports specifically identifying any serious or flagrant
problems, abuses or deficiencies (due to the Chairman immediately upon
discovery of these matters by the Inspector General).

[ 54 FR 15194 , Apr. 17, 1989]

Office of Media Relations

top

§ 0.15 Functions of the Office.

top

(a) Enhance public understanding of and compliance with the Commission's
regulatory requirements through dissemination of information to the news
media.

(b) Act as the principal channel for communicating information to the news
media on Commission policies, programs, and activities.

(d) Manage the FCC's Internet site and oversee the agency's Web standards
and guidelines.

(e) Maintain liaison with the Consumer and Governmental Affairs Bureau on
press and media issues concerning consumer assistance and information
including informal consumer complaints.

(f) Manage the FCC's audio/visual support services and maintain liaison with
outside parties regarding the broadcast of Commission proceedings.

[ 64 FR 60716 , Nov. 8, 1999, as amended at 67 FR 13217 , Mar. 21, 2002; 67 FR 46112 , July 12, 2002]

Office of Legislative Affairs

top

§ 0.17 Functions of the Office.

top

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

(a) Advise and make recommendations to the Commission with respect to
legislation proposed by members of Congress or the Executive Branch and
coordinate the preparation of Commission views thereon for submission to
Congress or the Executive Branch.

(b) Coordinate with the Office of General Counsel responses to Congressional
or Executive Branch inquiries as to the local ramifications of Commission
policies, regulations, rules, and statutory interpretations.

(c) Assist the Office of the Managing Director in preparation of the annual
report to Congress, the Commission budget and appropriations legislation to
Congress; assist the Office of Media Relations in preparation of the
Commission's Annual Report.

(d) Assist the Chairman and Commissioners in preparation for, and the
coordination of their appearances before the Committees of Congress.

(e) Coordinate the annual Commission legislative program.

(f) Coordinate Commission and staff responses to inquiries by individual
members of Congress, congressional committees and staffs.

(g) Coordinate with the Consumer and Governmental Affairs Bureau on issues
involving informal consumer complaints and other general inquiries by
consumers.

[ 52 FR 42438 , Nov. 5, 1987, as amended at 64 FR 60716 , Nov. 8, 1999; 67 FR 13217 , Mar. 21, 2002]

Office of Strategic Planning and Policy Analysis

top

§ 0.21 Functions of the Office.

top

The Office of Strategic Planning and Policy Analysis, 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
communications policy; represent the Commission at appropriate discussions
and conferences.

(i) Develop and recommend procedures and plans for the effective handling of
policy issues within the Commission.

(j) To help ensure that FCC policy encourages and promotes competitive
market structures by providing bureaus and offices with the necessary
support to identify, evaluate, and effectively and consistently resolve
competitiveness issues.

[ 38 FR 17005 , June 28, 1973, as amended at 45 FR 25400 , Apr. 15, 1980; 51 FR 12615 , Apr. 14, 1986; 60 FR 5323 , Jan. 27, 1995; 64 FR 5950 , Feb. 8, 1999;
68 FR 11747 , Mar. 12, 2003]

Office of Engineering and Technology

top

§ 0.31 Functions of the Office.

top

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

(a) To evaluate evolving technology for interference potential and to
suggest ways to facilitate its introduction in response to Bureau
initiatives, and advise the Commission and staff offices in such matters.

(b) Represent the Commission at various national conferences and meetings
(and, in consultation with the International Bureau, at various
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 (in
consultation with the Public Safety and Homeland Security Bureau where
appropriate) 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.

(g) To render, in cooperation with the General Counsel and the Office of
Strategic Planning and Policy Analysis, 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, 4, 5, 15, and 18 of this chapter, including
licensing, recordkeeping, rule making, and revising the filing system and
template used for compliance with the Commission's communications disruption
reporting requirements.

(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, 18 and §63.100 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.

(l) 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(c) of the Communications Act of 1934, as amended.

(n) To assist the Consumer and Governmental Affairs Bureau on issues
involving informal consumer complaints and other general inquiries by
consumers.

(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; 51 FR 12615 , Apr. 14, 1986; 60 FR 5323 , Jan. 27, 1995; 62 FR 4170 , Jan. 29,
1997; 63 FR 37499 , July 13, 1998; 64 FR 60716 , Nov. 8, 1999; 67 FR 13217 ,
Mar. 21, 2002; 68 FR 11747 , Mar. 12, 2003; 69 FR 70337 , Dec. 3, 2004; 71 FR 69034 , Nov. 29, 2006]

Office of General Counsel

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§ 0.41 Functions of the Office.

top

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 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.

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

(f) In cooperation with the Office of Engineering and Technology, 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.

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

(h) To cooperate with the International Bureau on all matters pertaining to
space satellite communications.

(i) 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.

(j) To perform all legal functions with respect to leases, contracts, tort
claims and such other internal legal problems as may arise.

(k) To issue determinations on matters regarding the interception and
recording of telephone conversations by Commission personnel. Nothing in
this paragraph, however, shall affect the authority of the Inspector General
to intercept or record telephone conversations as necessary in the conduct
of investigations or audits.

(l) To advise the Commission in the preparation and revision of rules and
the implementation and administration of ethics regulations and the Freedom
of Information, Privacy, Government in the Sunshine and Alternative Dispute
Resolution Acts.

(m) To assist and make recommendations to the Commission, and to individual
Commissioners assigned 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.

(n) To serve as the principal operating office on ex parte matters involving
restricted proceedings. To review and dispose of all ex parte communications
received from the public and others.

[ 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 39179 , July 5,
1979; 46 FR 57050 , Nov. 20, 1981; 49 FR 47604 , Dec. 6, 1984; 50 FR 2985 ,
Jan. 23, 1985; 50 FR 49048 , Nov. 29, 1985; 51 FR 12615 , Apr. 14, 1986; 60 FR 5323 , Jan. 27, 1995; 60 FR 34901 , July 5, 1995; 62 FR 4170 , Jan. 29, 1997;
62 FR 15853 , Apr. 3, 1997; 64 FR 5950 , Feb. 8, 1999; 64 FR 57585 , Oct. 26,
1999]

International Bureau

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§ 0.51 Functions of the Bureau.

top

The International Bureau has the following duties and responsibilities:

(a) To initiate and direct the development and articulation of international
telecommunications policies, consistent with the priorities of the
Commission;

(b) To advise the Chairman and Commissioners on matters of international
telecommunications policy, and on the adequacy of the Commission's actions
to promote the vital interests of the American public in international
commerce, national defense, and foreign policy;

(c) To develop, recommend, and administer policies, rules, standards, and
procedures for the authorization and regulation of international
telecommunications facilities and services, domestic and international
satellite systems, and international broadcast services;

(d) To monitor compliance with the terms and conditions of authorizations
and licenses granted by the Bureau, and to pursue enforcement actions in
conjunction with appropriate bureaus and offices;

(e) To represent the Commission on international telecommunications matters
at both domestic and international conferences and meetings, and to direct
and coordinate the Commission's preparation for such conferences and
meetings;

(f) To serve as the single focal point within the Commission for cooperation
and consultation on international telecommunications matters with other
Federal agencies, international or foreign organizations, and appropriate
regulatory bodies and officials of foreign governments;

(g) To develop, coordinate with other Federal agencies, and administer the
regulatory assistance and training programs for foreign administrations to
promote telecommunications development;

(h) To provide advice and technical assistance to U.S. trade officials in
the negotiation and implementation of telecommunications trade agreements,
and consult with other bureaus and offices as appropriate;

(i) To conduct economic, legal, technical, statistical, and other
appropriate studies, surveys, and analyses in support of international
telecommunications policies and programs.

(j) To collect and disseminate within the Commission information and data on
international telecommunications policies, regulatory and market
developments in other countries, and international organizations;

(k) To work with the Office of Legislative Affairs to coordinate the
Commission's activities on significant matters of international policy with
appropriate Congressional offices;

(l) To promote the international coordination of spectrum allocations and
frequency and orbital assignments so as to minimize cases of international
radio interference involving U.S. licensees;

(m) To direct and coordinate, in consultation with other bureaus and offices
as appropriate, negotiation of international agreements to provide for
arrangements and procedures for coordination of radio frequency assignments
to prevent or resolve international radio interference involving U.S.
licensees;

(n) To ensure fulfillment of the Commission's responsibilities under
international agreements and treaty obligations, and, consistent with
Commission policy, to ensure that the Commission's regulations, procedures,
and frequency allocations comply with the mandatory requirements of all
applicable international and bilateral agreements;

(o) To oversee and, as appropriate, administer activities pertaining to the
international consultation, coordination, and notification of U.S. frequency
and orbital assignments, including activities required by bilateral
agreements, the international Radio Regulations, and other international
agreements;

(p) To advise the Chairman on priorities for international travel and
develop, coordinate, and administer the international travel plan;

(q) To exercise 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
jurisdiction of the International Bureau. Before issuing a subpoena, the
International Bureau shall obtain the approval of the Office of General
Counsel.

(r) To assist the Consumer and Governmental Affairs Bureau on issues
involving informal consumer complaints and other general inquiries by
consumers.

(s) To coordinate with the Public Safety and Homeland Security Bureau on all
matters affecting public safety, homeland security, national security,
emergency management, disaster management, and related issues.

[ 60 FR 5323 , Jan. 27, 1995, as amended at 60 FR 35504 , July 10, 1995; 64 FR 60716 , Nov. 8, 1999; 67 FR 13217 , Mar. 21, 2002; 71 FR 69034 , Nov. 29, 2006]

Media Bureau

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§ 0.61 Functions of the Bureau.

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The Media Bureau develops, recommends and administers the policy and
licensing programs for the regulation of media, including cable television,
broadcast television and radio, and satellite services in the United States
and its territories. The Bureau advises and recommends to the Commission, or
acts for the Commission under delegated authority, in matters pertaining to
multichannel video programming distribution, broadcast radio and television,
direct broadcast satellite service policy, and associated matters. The
Bureau will, among other things:

(a) Process applications for authorization, assignment, transfer and renewal
of media services, including AM, FM, TV, the cable TV relay service, and
related services.

(b) Conduct rulemaking proceedings concerning the legal, engineering, and
economic aspects of media service.

(c) Conduct comprehensive studies and analyses concerning the legal,
engineering, and economic aspects of electronic media services.

(d) Administer and enforce rules and policies regarding equal employment
opportunity.

(e) Administer and enforce rules and policies regarding political
programming and related matters.

(f) Administer and enforce rules and policies regarding:

(1) Radio and television broadcast industry services;

(2) Cable television systems, operators, and services, including those
relating to rates, technical standards, customer service, ownership,
competition to cable systems, broadcast station signal retransmission and
carriage, program access, wiring equipment, channel leasing, and
federal-state/local regulatory relationships. This includes: acting, after
Commission assumption of jurisdiction to regulate cable television rates for
basic service and associated equipment, on cable operator requests for
approval of existing or increased rates; reviewing appeals of local
franchising authorities' rate making decisions involving rates for the basic
service tier and associated equipment, except when such appeals raise novel
or unusual issues; evaluating basic rate regulation certification requests
filed by cable system franchising authorities; periodically reviewing and,
when appropriate, revising standard forms used in administering: the
certification process for local franchising authorities wishing to regulate
rates, and the substantive rate regulation standards prescribed by the
Commission;

(3) Open video systems;

(4) Preemption of restrictions on devices designed for over-the-air
reception of television broadcast signals, multichannel multipoint
distribution service, and direct broadcast satellite services;

(5) The commercial availability of navigational devices;

(6) The accessibility of video programming to persons with disabilities;

(7) Program access and carriage;

(8) The Satellite Home Viewer Improvement Act; and

(9) Post-licensing for satellite consumer broadcast services (DBS, DTH and
DARS).

Note to paragraph(f): The Media Bureau's enforcement authority does not
include enforcement in those areas assigned to the Enforcement Bureau. See
47 CFR 0.111.

(g) Conduct rulemaking and policy proceedings regarding pole attachments.

(h) Process and act on all applications for authorization, petitions for
special relief, petitions to deny, waiver requests, requests for
certification, objections, complaints, and requests for declaratory rulings
and stays regarding the areas listed.

(i) Assist the Consumer and Governmental Affairs Bureau on issues involving
informal consumer complaints and other general inquiries by consumers.

(j) Exercise 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
jurisdiction of the Media Bureau. Before issuing a subpoena, the Media
Bureau shall obtain the approval of the Office of General Counsel.

(k) Carry out the functions of the Commission under the Communications Act
of 1934, as amended, except as reserved to the Commission under §0.283.

(l) To coordinate with the Public Safety and Homeland Security Bureau on all
matters affecting public safety, homeland security, national security,
emergency management, disaster management, and related issues.

[ 67 FR 13217 , Mar. 21, 2002, as amended at 71 FR 69034 , Nov. 29, 2006]

Office of Workplace Diversity

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§ 0.81 Functions of the Office.

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(a) The Office of Workplace Diversity (OWD), as a staff office to the
Commission, shall develop, coordinate, evaluate, and recommend to the
Commission policies, programs, and practices that foster a diverse workforce
and promote and ensure equal opportunity for all employees and applicants
for employment. A principal function of the Office is to lead, advise, and
assist the Commission, including all of its component Bureau/Office
managers, supervisors, and staff, at all levels, on ways to promote
inclusion and full participation of all employees in pursuit of the
Commission's mission. In accordance with this function, the Office shall:

(1) Conduct independent analyses of the Commission's policies and practices
to ensure that those policies and practices foster diversity in the
workplace and ensure equal opportunity and equal treatment for employees and
applicants; and

(2) Advise the Commission, Bureaus, and Offices of their responsibilities
under Title VII of the Civil Rights Act of 1964, as amended; Section 501 of
the Rehabilitation Act of 1973, as amended; Age Discrimination in Employment
Act of 1967, as amended; Executive Order 11478; and all other statutes,
Executive Orders, and regulatory provisions relating to workplace diversity,
equal employment opportunity, nondiscrimination, and civil rights.

(b) The Office has the following duties and responsibilities:

(1) Through its Director, serves as the principal advisor to the Chairman
and Commission officials on all aspects of workplace diversity, affirmative
recruitment, equal employment opportunity, non-discrimination, and civil
rights;

(2) Provides leadership and guidance to create a work environment that
values and encourages diversity in the workplace;

(3) Is responsible for developing, implementing, and evaluating programs and
policies to foster a workplace whose diversity reflects the diverse makeup
of the Nation, enhances the mission of the Commission, and demonstrates the
value and effectiveness of a diverse workforce;

(4) Is responsible for developing, implementing, and evaluating programs and
policies that promote understanding among members of the Commission's
workforce of their differences and the value of those differences and
provide a channel for communication among diverse members of the workforce
at all levels;

(5) Develops, implements, and evaluates programs and policies to ensure that
all members of the Commission's workforce and candidates for employment have
equal access to opportunities for employment, career growth, training, and
development and are protected from discrimination and harassment;

(6) Develops and recommends Commission-wide workforce diversity goals and
reports on achievements;

(7) Is responsible for developing, implementing, and evaluating programs and
policies to enable all Bureaus and Offices to manage a diverse workforce
effectively and in compliance with all equal employment opportunity and
civil rights requirements;

(8) Works closely with the Associate Managing Director—Human Resources
Management to ensure compliance with Federal and Commission recruitment and
staffing requirements;

(9) Manages the Commission's equal employment opportunity compliance
program. Responsibilities in this area include processing complaints
alleging discrimination, recommending to the Chairman final decisions on EEO
complaints within the Commission, and providing counseling services to
employees and applicants on EEO matters;

(10) Develops and administers the Commission's program of accessibility and
accommodation for disabled persons in accordance with applicable
regulations;

(11) Represents the Commission at meeting with other public and private
groups and organizations on matters counseling workplace diversity and equal
employment opportunity and workplace diversity issues;

(12) Maintains liaison with and solicits views of organizations within and
outside the Commission on matters relating to equal opportunity and
workplace diversity.

[ 61 FR 2727 , Jan. 29, 1996]

Wireline Competition Bureau

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§ 0.91 Functions of the Bureau.

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The Wireline Competition Bureau advises and makes recommendations to the
Commission, or acts for the Commission under delegated authority, in all
matters pertaining to the regulation and licensing of communications common
carriers and ancillary operations (other than matters pertaining exclusively
to the regulation and licensing of wireless telecommunications services and
facilities). The Bureau will, among other things:

(a) Develop and recommend policy goals, objectives, programs and plans for
the Commission in rulemaking and adjudicatory matters concerning wireline
telecommunications, drawing on relevant economic, technological,
legislative, regulatory and judicial information and developments. Overall
objectives include meeting the present and future wireline
telecommunications needs of the Nation; fostering economic growth; ensuring
choice, opportunity, and fairness in the development of wireline
telecommunications; promoting economically efficient investment in wireline
telecommunications infrastructure; promoting the development and widespread
availability of wireline telecommunications services; and developing
deregulatory initiatives where appropriate.

(b) Act on requests for interpretation or waiver of rules.

(c) Administer the provisions of the Communications Act requiring that the
charges, practices, classifications, and regulations of communications
common carriers providing interstate and foreign services are just and
reasonable.

(d) Act on applications for service and facility authorizations, including
applications from Bell operating companies for authority to provide
in-region interLATA services and applications from wireline carriers for
transfers of licenses and discontinuance of service.

(e) Develop and administer rules and policies relating to incumbent local
exchange carrier accounting.

(f) Develop and administer recordkeeping and reporting requirements for
telecommunications carriers.

(g) Provide federal staff support for the Federal-State Joint Board on
Universal Service and the Federal-State Joint Board on Jurisdictional
Separations.

(h) Review the deployment of advanced telecommunications capability to
ensure that such deployment is reasonable and timely, consistent with
section 706 of the Act, and, where appropriate, recommend action to
encourage such deployment.

(i) Provide economic, financial, and technical analyses of
telecommunications markets and carrier performance.

(j) Act on petitions for de novo review of decisions of the Administrative
Council for Terminal Attachments regarding technical criteria pursuant to
§68.614.

(k) Interact with the public, local, state, and other governmental agencies
and industry groups on wireline telecommunications regulation and related
matters. Assist the Consumer and Governmental Affairs Bureau on issues
involving informal consumer complaints and other general inquiries by
consumers.

(l) Review and coordinate orders, programs and actions initiated by other
Bureaus and Offices in matters affecting wireline telecommunications to
ensure consistency with overall Commission policy.

(m) Carry out the functions of the Commission under the Communications Act
of 1934, as amended, except as reserved to the Commission under §0.331.

(n) Address audit findings relating to the schools and libraries support
mechanism, subject to the overall authority of the Managing Director as the
Commission's audit follow-up official.

(o) Coordinate with the Public Safety and Homeland Security Bureau on all
matters affecting public safety, homeland security, national security,
emergency management, disaster management, and related issues.

[ 67 FR 13218 , Mar. 21, 2002, as amended at 68 FR 13850 , Mar. 21, 2003; 69 FR 55109 , Sept. 13, 2004; 71 FR 69034 , Nov. 29, 2006]

Office of Communications Business Opportunities

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§ 0.101 Functions of the office.

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(a) The Office of Communications Business Opportunities (OCBO), as a staff
office to the Commission, develops, coordinates, evaluates, and recommends
to the Commission, policies, programs, and practices that promote
participation by small entities, women, and minorities in the communications
industry. A principal function of the Office is to lead, advise, and assist
the Commission, including all of its component Bureau/Office managers,
supervisors, and staff, at all levels, on ways to ensure that the
competitive concerns of small entities, women, and minorities, are fully
considered by the agency in notice and comment rulemakings. In accordance
with this function, the Office:

(1) Conducts independent analyses of the Commission's policies and practices
to ensure that those policies and practices fully consider the interests of
small entities, women, and minorities.

(2) Advises the Commission, Bureaus, and Offices of their responsibilities
under the Congressional Review Act provisions regarding small businesses;
the Report to Congress regarding Market Entry Barriers for Small
Telecommunications Businesses (47 U.S.C. 257); and the Telecommunications
Development Fund (47 U.S.C. 614).

(b) The Office has the following duties and responsibilities:

(1) Through its director, serves as the principal small business policy
advisor to the Commission;

(2) Develops, implements, and evaluates programs and policies that promote
participation by small entities, women and minorities in the communications
industry;

(3) Manages the Regulatory Flexibility Analysis process pursuant to the
Regulatory Flexibility Act and the Small Business Regulatory Enforcement
Fairness Act to ensure that small business interests are fully considered in
agency actions;

(4) Develops and recommends Commission-wide goals and objectives for
addressing the concerns of small entities, women, and minorities and reports
of achievement;

(5) Acts as the principal channel for disseminating information regarding
the Commission's activities and programs affecting small entities, women,
and minorities;

(6) Develops, recommends, coordinates, and administers objectives, plans and
programs to encourage participation by small entities, women, and minorities
in the decision-making process;

(7) Promotes increased awareness within the Commission of the impact of
policies on small entities, women, and minorities;

(8) Acts as the Commission's liaison to other federal agencies on matters
relating to small business.

[ 69 FR 7376 , Feb. 17, 2003]

Enforcement Bureau

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§ 0.111 Functions of the Bureau.

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(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 §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, §§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, §76.944 of this
chapter (basic cable rate appeals), and §§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 §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 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) 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.

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

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

(f) 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.

(g) 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 and Governmental Affairs Bureau, the Office of General
Counsel (impermissible ex parte presentations) or another Bureau or Office;

(h) 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.

(i) 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; 71 FR 69034 , Nov. 29, 2006]

§ 0.121 Location of field installations.

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(a) Field offices are located throughout the United States. For the address
and phone number of the closest office contact the Enforcement Bureau or see
the U.S. Government Manual.

(b) Protected field offices are located at the following geographical
coordinates (coordinates are referenced to North American Datum 1983
(NAD83)):

Allegan, Michigan, 42°36'20.1" N. Latitude, 85°57'20.1" W. Longitude

Belfast, Maine, 44°26'42.3" N. Latitude, 69°04'56.1" W. Longitude

Canandaigua, New York, 42°54'48.2" N. Latitude, 77°15'57.9" W. Longitude

Douglas, Arizona, 31°30'02.3" N. Latitude, 109°39'14.3" W. Longitude

Ferndale, Washington, 48°57'20.4" N. Latitude, 122°33'17.6" W. Longitude

Grand Island, Nebraska, 40°55'21.0" N. Latitude, 98°25'43.2" W. Longitude

Kenai, Alaska, 60°43'26.0" N. Latitude, 151°20'15.0" W. Longitude

Kingsville, Texas, 27°26'30.1" N. Latitude, 97°53'01.0" W. Longitude

Laurel, Maryland, 39°09'54.4" N. Latitude, 76°49'15.9" W. Longitude

Livermore, California, 37°43'29.7" N. Latitude, 121°45'15.8" W. Longitude

Powder Springs, Georgia, 33°51'44.4" N. Latitude, 84°43'25.8" W. Longitude

Santa Isabel, Puerto Rico, 18°00'18.9" N. Latitude, 66°22'30.6" W. Longitude

Vero Beach, Florida, 27°36'22.1" N. Latitude, 80°38'05.2" W. Longitude

Waipahu, Hawaii, 21°22'33.6" N. Latitude, 157°59'44.1" W. Longitude

[ 53 FR 29054 , Aug. 2, 1988, as amended at 61 FR 8477 , Mar. 5, 1996; 63 FR 68918 , Dec. 14, 1998; 64 FR 60718 , Nov. 8, 1999; 67 FR 13219 , Mar. 21, 2002;
69 FR 58097 , Sept. 29, 2004]

Wireless Telecommunications Bureau

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§ 0.131 Functions of the Bureau.

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The Wireless Telecommunications Bureau develops, recommends and administers
the programs and policies for the regulation of the terms and conditions
under which communications entities offer domestic wireless
telecommunications services and of ancillary operations related to the
provision of such services (satellite communications excluded). These
functions include all wireless telecommunications service providers' and
licensees' activities. 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 all matters pertaining to the
licensing and regulation of wireless telecommunications, including ancillary
operations related to the provision or use of such services; and any matters
concerning wireless carriers that also affect wireline carriers in
cooperation with the Wireline Competition Bureau. These activities include:
policy development and coordination; conducting rulemaking and adjudicatory
proceedings, including licensing and complaint proceedings for matters not
within the responsibility of the Enforcement Bureau; acting on waivers of
rules; acting on applications for service and facility authorizations;
compliance and enforcement activities for matters not within the
responsibility of the Enforcement Bureau; determining resource impacts of
existing, planned or recommended Commission activities concerning wireless
telecommunications, and developing and recommending resource deployment
priorities.

(b) Develops and recommends policy goals, objectives, programs and plans for
the Commission on matters concerning wireless telecommunications, drawing
upon relevant economic, technological, legislative, regulatory and judicial
information and developments. Such matters include meeting the present and
future wireless telecommunications needs of the Nation; fostering economic
growth by promoting efficiency and innovation in the allocation, licensing
and use of the electromagnetic spectrum; ensuring choice, opportunity and
fairness in the development of wireless telecommunications services and
markets; promoting economically efficient investment in wireless
telecommunications infrastructure and the integration of wireless
communications networks into the public telecommunications network; enabling
access to national communications services; promoting the development and
widespread availability of wireless telecommunications services. Reviews and
coordinates orders, programs and actions initiated by other Bureaus and
Offices in matters affecting wireless telecommunications to ensure
consistency of overall Commission policy.

(c) Serves as the Commission's principal policy and administrative staff
resource with regard to spectrum auctions. Administers all Commission
spectrum auctions. Develops, recommends and administers policies, programs
and rules concerning auctions of spectrum for wireless telecommunications.
Advises the Commission on policy, engineering and technical matters relating
to auctions of spectrum used for other purposes. Administers procurement of
auction-related services from outside contractors. Provides policy,
administrative and technical assistance to other Bureaus and Offices on
auction issues.

(d) Regulates the charges, practices, classifications, terms and conditions
for, and facilities used to provide, wireless telecommunications services.
Develops and recommends consistent, integrated policies, programs and rules
for the regulation of commercial mobile radio services and private mobile
radio services.

(e) Develops and recommends policy, rules, standards, procedures and forms
for the authorization and regulation of wireless telecommunications
facilities and services, including all facility authorization applications
involving domestic terrestrial transmission facilities. Coordinates with and
assists the International Bureau regarding frequency assignment,
coordination and interference matters.

(f) Develops and recommends responses to legislative, regulatory or judicial
inquiries and proposals concerning or affecting wireless telecommunications.

(g) Develops and recommends policies regarding matters affecting the
collaboration and coordination of relations among Federal agencies, and
between the Federal government and the states, concerning wireless
telecommunications issues. Maintains liaison with Federal and state
government bodies concerning such issues.

(h) Develops and recommends policies, programs and rules to ensure
interference-free operation of wireless telecommunications equipment and
networks. Coordinates with and assists other Bureaus and Offices, as
appropriate, concerning spectrum management, planning, and interference
matters and issues, and in compliance and enforcement activities. Studies
technical requirements for equipment for wireless telecommunications
services in accordance with standards established by the Chief, Office of
Engineering and Technology.

(i) Advises and assists consumers, businesses and other government agencies
on wireless telecommunications issues and matters related thereto. Also
assists the Consumer and Governmental Affairs Bureau with informal consumer
complaints and other general inquiries by consumers.

(j) Administers the Commission's commercial radio operator program (part 13
of this chapter) and the Commission's program for registration,
construction, marking and lighting of antenna structures (part 17 of this
chapter).

(k) Coordinates with and assists the International Bureau with respect to
treaty activities and international conferences concerning wireless
telecommunications.

(l) Exercises such authority as may be assigned, delegated or referred to it
by the Commission.

(m) Certifies frequency coordinators; considers petitions seeking review of
coordinator actions; and engages in oversight of coordinator actions and
practices.

(n) Administers the Commission's amateur radio programs (part 97 of this
chapter) and the issuing of maritime mobile service identities (MMSIs).

(o) Exercises 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 wireless
telecommunications operators for any alleged violation or violations of the
Communications Act of 1934, as amended, or the Commission's rules and
orders. Before issuing a subpoena, the Wireless Telecommunications Bureau
shall obtain the approval of the Office of General Counsel.

(p) Certifies, in the name of the Commission, volunteer entities to
coordinate maintain and disseminate a common data base of amateur station
special event call signs, and issues Public Notices detailing the procedures
of amateur service call sign systems.

(q) Coordinates with the Public Safety and Homeland Security Bureau on all
matters affecting public safety, homeland security, national security,
emergency management, disaster management, and related issues.

[ 60 FR 35505 , July 10, 1995, as amended at 61 FR 4361 , Feb. 6, 1996; 62 FR 17567 , Apr. 10, 1997; 64 FR 60718 , Nov. 8, 1999; 65 FR 375 , Jan. 5, 2000; 67 FR 13219 , Mar. 21, 2002; 69 FR 24997 , May 5, 2004; 71 FR 69035 , Nov. 29,
2006]

Consumer and Governmental Affairs Bureau

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§ 0.141 Functions of the Bureau.

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The Consumer and Governmental Affairs Bureau develops and administers the
Commission's consumer and governmental affairs policies and initiatives to
enhance the public's understanding of the Commission's work and to
facilitate the Agency's relationships with other governmental agencies and
organizations. The Bureau is responsible for rulemaking proceedings
regarding general consumer education policies and procedures and serves as
the primary Commission entity responsible for communicating with the general
public regarding Commission policies, programs, and activities in order to
facilitate public participation in the Commission's decision-making
processes. The Bureau also performs the following functions:

(a) Advises and makes recommendations to the Commission, or acts for the
Commission under delegated authority, in matters pertaining to consumers and
governmental affairs. This includes policy development and coordination as
well as adjudication and rulemaking.

(b) Collaborates with, and advises and assists, the public, state and local
governments, and other governmental agencies and industry groups on consumer
matters.

(c) Advises the Commission and other Bureaus and Offices of consumer and
governmental affairs-related areas of concern or interest; initiates,
reviews, and coordinates orders, programs and actions, in conjunction with
other Bureaus and Offices, in matters regarding consumer education policies
and procedures, and any other related issues affecting consumer policy;
represents the Commission on consumer and governmental-related committees,
working groups, task forces and conferences within and outside the
Commission; and provides expert advice and assistance to Bureaus and Offices
and consumers regarding compliance with applicable disability and
accessibility requirements, rules, and regulations.

(d) Collects and analyzes information from industry, other Bureaus and
Offices, and the media, as well as information received in the Bureau from
informal consumer inquiries and complaints, rulemakings, and consumer
forums; identifies trends that affect consumers; in consultation with the
Office of the Managing Director, provides objectives and evaluation methods
for the public information portion of the Commission's Government
Performance and Results Act submissions and other Commission-wide strategic
planning efforts.

(e) Researches, develops, and distributes materials to inform consumers
about the Commission's rules, proposals, and events, and to promote consumer
participation in Commission rulemakings and activities; maintains the
Commission's Consumer Information Directory; develops a library of commonly
requested materials on issues of interest to all consumers. Ensures that
alternative translations of Commission materials are available to Commission
employees, Bureaus, Offices, and members of the public.

(f) Advises and makes recommendations to the Commission, or acts for the
Commission under delegated authority, in matters pertaining to persons with
disabilities. Provides expert advice and assistance, as required, to other
Bureaus and Offices, consumers, industry, and others on issues relevant to
persons with disabilities. Initiates rulemakings, where appropriate; reviews
relevant agenda items and other documents and coordinates with Bureaus and
Offices to develop recommendations and propose policies to ensure that
communications are accessible to persons with disabilities, in conformance
with existing disability laws and policies, and that they support the
Commission's goal of increasing accessibility of communications services and
technologies for persons with disabilities.

(g) Plans, develops, and conducts consumer outreach and education
initiatives to educate the public about important Commission regulatory
programs. In coordination with other Bureaus and Offices, establishes
liaison(s) for information sharing purposes to ensure coordination on all
consumer outreach projects. Ensures that alternative translations of
Commission materials are available to Commission employees, Bureaus, Offices
and members of the public.

(h) Serves as the official FCC records custodian for designated records,
including intake processing, organization and file maintenance, reference
services, and retirement and retrieval of records; manages the Electronic
Comment Filing System and certifies records for adjudicatory and court
proceedings. Maintains manual and computerized files that provide for the
public inspection of public record materials concerning Broadcast Ownership,
AM/FM/TV, TV Translators, FM Translators, Cable TV, Wireless, Auction,
Common Carrier Tariff matters, International space station files, earth
station files, DBS files, and other miscellaneous international files. Also
maintains for public inspection Time Brokerage and Affiliation Agreements,
court citation files, and legislative histories concerning
telecommunications dockets. Provides the public and Commission staff prompt
access to manual and computerized records and filing systems.

(i) Provides informal mediation and resolution of individual informal
consumer inquiries and complaints consistent with Commission regulations.
Resolves certain classes of informal complaints, as specified by the
Commission, through findings of fact and issuance of orders. Receives,
reviews, and analyzes responses to informal complaints; maintains manual and
computerized files that permit the public inspection of informal consumer
complaints; mediates and attempts to settle unresolved disputes in informal
complaints as appropriate; and coordinates with other Bureaus and Offices to
ensure that consumers are provided with accurate, up-to-date information.
Develops and fosters partnerships with state regulatory entities to promote
the sharing of information pertaining to informal complaint files maintained
by the Bureau.

(j) Provides leadership to other Bureaus and Offices for dissemination of
consumer information via the Internet.

(k) In coordination with other Bureaus and Offices, handles Congressional
and other correspondence related to specific informal consumer complaints,
or other specific matters within the responsibility of the Bureau, to the
extent not otherwise handled by the Office of General Counsel or other
Bureaus or Offices. Responds to and/or coordinates due diligence and other
requests for information pertaining to informal inquiries and complaints
under the responsibility of the Bureau with other Bureaus and Offices.

[ 67 FR 13219 , Mar. 21, 2002]

Office of Administrative Law Judges

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§ 0.151 Functions of the Office.

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The Office of Administrative Law Judges consists of a Chief Administrative
Law Judge, an Assistant Chief Administrative Law Judge, and as many other
Administrative Law Judges qualified and appointed pursuant to the
requirements of section 11 of the Administrative Procedure Act as the
Commission may find necessary. It is responsible for hearing and conducting
all adjudicatory cases designated for any evidentiary adjudicatory hearing
other than those designated to be heard by the Commission en banc, those
designated to be heard by one or more members of the Commission, and those
involving the authorization of service in the Instructional Television Fixed
Service. The Office of Administrative Law Judges is also responsible for
conducting such other hearings as the Commission may assign.

[ 61 FR 10689 , Mar. 15, 1996]

Homeland Security, Defense and Emergency Preparedness Functions

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§ 0.181 The Defense Commissioner.

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Link to an amendment published at 72 FR 48842 , Aug. 24, 2007.

The Defense Commissioner is designated by the Commission. The Defense
Commissioner directs the homeland security, national security and emergency
preparedness, and defense activities of the Commission and has the following
duties and responsibilities:

(a) To keep the Commission informed as to significant developments in the
field of homeland security, emergency preparedness, defense, and any related
activities that involve formulation or revision of Commission policy in any
area of responsibility of the Commission.

(b) To represent the Commission in public safety, homeland security,
national security, emergency preparedness, disaster management, defense and
related matters requiring conferences or communications with other
governmental officers, departments, or agencies.

(c) To act as the Homeland Security and Defense Coordinator in
representations with other agencies with respect to planning for the
continuity of the essential functions of the Commission under emergency
conditions.

(d) To serve as a member of the Joint Telecommunications Resources Board
(JTRB).

(e) To serve as the principal point of contact for the Commission on all
matters pertaining to the Department of Homeland Security.

(f) To take such measures as will assure continuity of the Commission's
functions under any foreseeable circumstances with a minimum of
interruption. In the event of an emergency, the Defense Commissioner, in
consultation with the Chief, Public Safety and Homeland Security Bureau,
will decide whether to activate the Commission's Continuity of Operations
(COOP) plan and/or initiate the Commission's emergency response procedures.

(g) In the event of enemy attack, or the imminent threat thereof, or other
disaster resulting in the inability of the Commission to function at its
offices in Washington, D.C., to assume all of the duties and
responsibilities of the Commission and the Chairman, until relieved or
augmented by other Commissioners or members of the staff, as set forth in
§§0.186 and 0.383.

(h) To approve national emergency plans and develop preparedness programs
covering: provision of service by common carriers; broadcasting and cable
facilities, satellite and the wireless radio services; radio frequency
assignment; electromagnetic radiation; investigation and enforcement.

(i) To perform such other duties and assume such other responsibilities
related to the Commission's defense activities as may be necessary for the
continuity of functions and the protection of Commission personnel and
property.

(j) The Commission may designate an Alternate Defense Commissioner who is
authorized to perform the functions of the Defense Commissioner if he or she
is not available.

[ 29 FR 14664 , Oct. 28, 1964, as amended at 41 FR 31209 , July 27, 1976; 64 FR 60720 , Nov. 8, 1999; 69 FR 32033 , May 27, 2004; 71 FR 69035 , Nov. 29, 2006]

§ 0.185 Responsibilities of the bureaus and staff offices.

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The head of each of the bureaus and staff offices, in rendering assistance
to the Chief, Public Safety and Homeland Security Bureau in the performance
of that person's duties with respect to homeland security, national
security, emergency management and preparedness, disaster management,
defense, and related activities will have the following duties and
responsibilities:

(a) To keep the Chief, Public Safety and Homeland Security Bureau informed
of the investigation, progress, and completion of programs, plans, or
activities with respect to homeland security, national security and
emergency preparedness, and defense in which they are engaged or have been
requested to engage.

(b) To render assistance and advice to the Chief, Public Safety and Homeland
Security Bureau, on matters which relate to the functions of their
respective bureaus or staff offices.

(c) To render such assistance and advice to other agencies as may be
consistent with the functions of their respective bureaus or staff offices
and the Commission's policy with respect thereto.

(d) To perform such other duties related to the Commission's homeland
security, national security, emergency management and preparedness, disaster
management, defense, and related activities as may be assigned to them by
the Commission.

(e) To serve as Public Safety/Homeland Security Liaison to the Public Safety
and Homeland Security Bureau or designate a Deputy Chief of the Bureau or
Office as such liaison.

[ 29 FR 14665 , Oct. 28, 1964, as amended at 50 FR 27953 , July 9, 1985; 59 FR 26971 , May 25, 1994; 61 FR 8477 , Mar. 5, 1996; 64 FR 60721 , Nov. 8, 1999; 69 FR 30234 , May 27, 2004; 71 FR 69035 , Nov. 29, 2006]

§ 0.186 Emergency Relocation Board.

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(a) As specified in the Commission's Continuity of Operations Plan and
consistent with the exercise of the War Emergency Powers of the President as
set forth in section 706 of the Communications Act of 1934, as amended, if
the full Commission or a quorum thereof is unable to act, an Emergency
Relocation Board will be convened at the Commission's Headquarters or other
relocation site designated to serve as Primary FCC Staff to perform the
functions of the Commission. Relocation may be required to accommodate a
variety of emergency scenarios. Examples include scenarios in which FCC
headquarters is unavailable or uninhabitable; or many, if not all, agencies
must evacuate the immediate Washington, DC, area. The FCC's Continuity of
Operations Plan (COOP) includes the deliberate and pre-planned movement of
selected key principals and supporting staff to a relocation facility. As an
example, a sudden emergency, such as a fire or hazardous materials incident,
may require the evacuation of FCC headquarters with little or no advance
notice, but for only a short duration. Alternatively, an emergency so severe
that FCC headquarters is rendered unusable and likely will be for a period
long enough to significantly impact normal operations, may require COOP
implementation. Nothing in this subsection shall be construed to diminish
the authority of the Commission or its staff to perform functions of the
Commission at the Commission's headquarters or other relocation site using
existing authority provided for elsewhere in this Chapter.

(b) The Board shall comprise such Commissioners as may be present (including
Commissioners available through electronic communications or telephone) and
able to act. In the absence of the Chairman, the Commissioner present with
the longest seniority in office will serve as acting Chairman. If no
Commissioner is present and able to act, the person designated as next most
senior official in the Commission's Continuity of Operations Plan will head
the Board.

[ 69 FR 30234 , May 27, 2004]

Public Safety and Homeland Security Bureau

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§ 0.191 Functions of the Bureau.

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The Public Safety and Homeland Security Bureau advises and makes
recommendations to the Commission, or acts for the Commission under
delegated authority, in all matters pertaining to public safety, homeland
security, national security, emergency management and preparedness, disaster
management, and ancillary operations. The Bureau has responsibility for
coordinating public safety, homeland security, national security, emergency
management and preparedness, disaster management, and related activities
within the Commission. The Bureau also performs the following functions.

(a) Develops, recommends, and administers policy goals, objectives, rules,
regulations, programs and plans for the Commission to promote effective and
reliable communications for public safety, homeland security, national
security, emergency management and preparedness, disaster management and
related activities, including public safety communications (including 911,
enhanced 911, and other emergency number issues), priority emergency
communications, alert and warning systems (including the Emergency Alert
System), continuity of government operations, implementation of Homeland
Security Presidential Directives and Orders, disaster management
coordination and outreach, communications infrastructure protection,
reliability, operability and interoperability of networks and communications
systems, the Communications Assistance for Law Enforcement Act (CALEA), and
network security. Recommends policies and procedures for public safety,
homeland security, national security, emergency management and preparedness,
and recommends national emergency plans and preparedness programs covering
Commission functions during national emergency conditions. Conducts outreach
and coordination activities with, among others, state and local governmental
agencies, hospitals and other emergency health care providers, and public
safety organizations. Recommends national emergency plans, policies, and
preparedness programs covering the provision of service by communications
service providers, including telecommunications service providers,
information service providers, common carriers, and non-common carriers;
broadcasting and cable facilities; satellite and wireless radio services;
radio frequency assignment; electro-magnetic radiation; investigation and
enforcement.

(b) Under the general direction of the Defense Commissioner, coordinates the
public safety, homeland security, national security, emergency management
and preparedness, disaster management, and related activities of the
Commission, including national security and emergency preparedness and
defense mobilization, Continuity of Government (COG) planning, alert and
warning systems (including the Emergency Alert System), and other functions
as may be delegated during a national emergency or activation of the
President's war emergency powers as specified in section 706 of the
Communications Act. Provides support to the Defense Commissioner, including
with respect to his or her participation in the Joint Telecommunications
Resources Board, and the National Security Telecommunications Advisory
Committee and other public safety and homeland security organizations and
committees. Represents the Defense Commissioner with other Government
agencies and organizations, the communications industry, and Commission
licensees on public safety, homeland security, national security, emergency
management and preparedness, disaster management, and related issues. Keeps
the Defense Commissioner informed as to significant developments in the
fields of public safety, homeland security, national security, emergency
management, and disaster management activities, and related areas.

(c) Develops and administers rules, regulations, and policies for priority
emergency communications, including the Telecommunications Service Priority
System. Supports the Chiefs 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.

(d) The Chief, Public Safety and Homeland Security Bureau, or that person's
designee, acts as FCC Alternate Homeland Security and Defense Coordinator
and principal to the National Communications System, and the Chief, Public
Safety and Homeland Security Bureau, or that person's designee, shall serve
as the Commission's representative on National Communications Systems
Committees.

(e) Conducts rulemaking proceedings and acts on requests for interpretation
or waiver of rules.

(f) Advises and makes recommendations to the Commission, or acts for the
Commission under delegated authority, in all matters pertaining to the
licensing and regulation of public safety, homeland security, national
security, emergency management and preparedness, and disaster management
wireless telecommunications, including ancillary operations related to the
provision or use of such services. These activities include: policy
development and coordination; conducting rulemaking and adjudicatory
proceedings, including complaint proceedings for matters not within the
responsibility of the Enforcement Bureau; acting on waivers of rules; acting
on applications for service and facility authorizations; compliance and
enforcement activities for matters not within the responsibility of the
Enforcement Bureau; determining resource impacts of existing, planned or
recommended Commission activities concerning wireless telecommunications,
and developing and recommending resource deployment priorities. In addition,
advises and assists public safety entities on wireless telecommunications
issues and matters related thereto. Administers all authority previously
delegated to the Wireless Telecommunications Bureau (including those
delegations expressly provided to the Public Safety and Critical
Infrastructure Division of the Wireless Telecommunications Bureau) in
Improving Public Safety Communications in the 800 MHz Band, WT Docket 02–55.

(g) Conducts studies of public safety, homeland security, national security,
emergency management and preparedness, disaster management, and related
issues. Develops and administers recordkeeping and reporting requirements
for communications companies pertaining to these issues. Administers any
Commission information collection requirements pertaining to public safety,
homeland security, national security, emergency management and preparedness,
disaster management, and related issues.

(h) Interacts with the public, local, state, and other governmental agencies
and industry groups (including advisory committees and public safety
organizations and associations) on public safety, homeland security,
national security, emergency management, disaster management and related
issues. As requested, represents the Commission at meetings and conferences.
Serves as the point of contact for the U.S. Government in matters of
international monitoring, fixed and mobile direction-finding and
interference resolution; and oversees coordination of non-routine
communications and materials between the Commission and international or
regional public organizations or foreign administrations.

(i) Maintains and operates the Commission's public safety, homeland
security, national security, emergency management and preparedness, and
disaster management facilities and operations, including the Communications
Center, the establishment of any Emergency Operations Center (EOC), and any
liaison activities with other federal, state, or local government
organizations.

(j) Reviews and coordinates orders, programs and actions initiated by other
Bureaus and Offices in matters affecting public safety, homeland security,
national security, emergency management and preparedness, disaster
management and related issues to ensure consistency with overall Commission
policy. Provides advice to the Commission and other Bureaus and offices
regarding the public safety, homeland security, national security, emergency
management, and disaster management implications of existing and proposed
rules.

(k) Develops and recommends responses to legislative, regulatory or judicial
inquiries and proposals concerning or affecting public safety, homeland
security, national security, emergency management, disaster management and
related issues. Responses to judicial inquiries should be developed with and
recommended to the Office of General Counsel.

(l) Develops and maintains the Commission's plans and procedures, including
the oversight, preparation, and training of Commission personnel, for
Continuity of Operations (COOP), Continuity of Government functions, and
Commission activities and responses to national emergencies and other
similar situations.

(m) Acts on emergency requests for Special Temporary Authority during
non-business hours when the other Offices and Bureaus of the Commission are
closed. Such actions shall be coordinated with, if possible, and promptly
reported to the responsible Bureau or Office.

(n) Maintains liaison with other Bureaus and Offices concerning matters
affecting public safety, homeland security, national security, emergency
management and preparedness, disaster management and related issues.

(o) Is authorized to declare that a temporary state of communications
emergency exists pursuant to §97.401(b) of this chapter and to act on behalf
of the Commission with respect to the operation of amateur stations during
such temporary state of communications emergency.

(p) Performs such other functions and duties as may be assigned or referred
to it by the Commission or the Defense Commissioner.

[ 71 FR 69035 , Nov. 29, 2006]

Subpart B—Delegations of Authority

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Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

General

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§ 0.201 General provisions.

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(a) There are three basic categories of delegations made by the Commission
pursuant to section 5(c) of the Communications Act of 1934, as amended:

(1) Delegations to act in non-hearing matters and proceedings. The great
bulk of delegations in this category are made to bureau chiefs and other
members of the Commission's staff. This category also includes delegations
to individual commissioners and to boards or committees of commissioners.

(2) Delegations to rule on interlocutory matters in hearing proceedings.
Delegations in this category are made to the Chief Administrative Law Judge.

Note to paragraph(a)(2): Interlocutory matters which are not delegated to
the Chief Administrative Law Judge are ruled on by the presiding officer by
virtue of the authority vested in him to control the course and conduct of
the hearing. This authority stems from section 7 of the Administrative
Procedure Act and section 409 of the Communications Act rather than from
delegations of authority made pursuant to section 5(c) of the Communications
Act. (See §§0.218 and 0.341.).

(3) Delegations to review an initial decision. Delegations in this category
are made to individual commissioners, to panels of commissioners.

(b) Delegations are arranged in this subpart under headings denoting the
person, panel, or board to whom authority has been delegated, rather than by
the categories listed in paragraph (a) of this section.

(c) Procedures pertaining to the filing and disposition of interlocutory
pleadings in hearing proceedings are set forth in §§1.291 through 1.298 of
this chapter. Procedures pertaining to appeals from rulings of the presiding
officer are set forth in §1.301. Procedures pertaining to reconsideration of
the presiding officer's rulings are set forth in §1.303. Procedures
pertaining to reconsideration and review of actions taken pursuant to
delegated authority are set forth in §§1.101, 1.102, 1.104, 1.106, 1.113,
1.115, and 1.117. Procedures pertaining to exceptions to initial decisions
are set forth in §§1.276–1.279.

(d) The Commission, by vote of a majority of the members then holding
office, may delegate its functions either by rule or by order, and may at
any time amend, modify, or rescind any such rule or order.

(1) Functions of a continuing or recurring nature are delegated by rule. The
rule is published in theFederal Registerand is included in this subpart.

(2) Functions pertaining to a particular matter or proceeding are delegated
by order. The order is published in theFederal Registerand associated with
the record of that matter or proceeding, but neither the order nor any
reference to the delegation made thereby is included in this subpart.

[ 28 FR 12402 , Nov. 22, 1963, as amended at 50 FR 26567 , June 27, 1985; 62 FR 4170 , Jan. 29, 1997]

§ 0.203 Authority of person, panel, or board to which functions are
delegated.

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(a) The person, panel, or board to which functions are delegated shall, with
respect to such functions, have all the jurisdiction, powers, and authority
conferred by law upon the Commission, and shall be subject to the same
duties and obligations.

(b) Except as provided in §1.102 of this chapter, any action taken pursuant
to delegated authority shall have the same force and effect and shall be
made, evidenced, and enforced in the same manner as actions of the
Commission.

[ 28 FR 12402 , Nov. 22, 1963]

§ 0.204 The exercise of delegated authority.

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(a) Authority to issue orders and to enter into correspondence. Any official
(or group of officials) to whom authority is delegated in this subpart is
authorized to issue orders (including rulings, decisions, or other action
documents) pursuant to such authority and to enter into general
correspondence concerning any matter for which he is responsible under this
subpart or subpart A of this part.

(b) Authority of subordinate officials. Authority delegated to any official
to issue orders or to enter into correspondence under paragraph (a) of this
section may be exercised by that official or by appropriate subordinate
officials acting for him.

(2) Upon signing an order, the Secretary affixes the Commission's seal.

(3) General correspondence by a committee or board is signed by the
committee or board chairman.

(4) All other orders and letters are signed by the official who has given
final approval of their contents.

(5) With the exception of license forms requiring the signature of an
appropriate official of the issuing bureau or office, license forms bear
only the seal of the Commission.

(d) Form of orders. Orders may be issued in any appropriate form (e.g., as
captioned orders, letters, telegrams) and may, if appropriate, be issued
orally. Orders issued orally shall, if practicable, be confirmed promptly in
writing.

(e) Minutes entries. Except as otherwise provided in this subpart, actions
taken as provided in paragraph (d) of this section shall be recorded in
writing and filed in the official minutes of the Commission.

[ 33 FR 8227 , June 1, 1968, as amended at 38 FR 18550 , July 12, 1973; 62 FR 4170 , Jan. 29, 1997]

Commissioners

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§ 0.211 Chairman.

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The responsibility for the general administration of internal affairs of the
Commission is delegated to the Chairman of the Commission. The Chairman will
keep the Commission advised concerning his actions taken under this
delegation of authority. This authority includes:

(a) Actions of routine character as to which the Chairman may take final
action.

(b) Actions of non-routine character which do not involve policy
determinations. The Chairman may take final action on these matters but
shall specifically advise the Commission on these actions.

(c) Actions of an important character or those which involve policy
determinations. In these matters the Chairman will develop proposals for
presentation to the Commission.

(d) To act within the purview of the Federal Tort Claims Act, as amended, 28
U.S.C. 2672, upon tort claims directed against the Commission where the
amount of damages does not exceed $5,000.

(e) Authority to act as “Head of the Agency” or “Agency Head” for
administrative determinations required by Federal Procurement Regulations
and Federal Management Circulars.

(f) Authority to act as “Head of the Agency” or “Agency Head” for all
administrative determinations pursuant to the Debt Collection Improvement
Act of 1996, Public Laws 104–134, 110 Stat. 1321, 1358 (1996) (DCIA).

[ 28 FR 12402 , Nov. 22, 1963, as amended at 41 FR 49095 , Nov. 8, 1976; 51 FR 23550 , June 30, 1986; 69 FR 27847 , May 17, 2004]

§ 0.212 Board of Commissioners.

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(a) Whenever the Chairman or Acting Chairman of the Commission determines
that a quorum of the Commission is not present or able to act, he may
convene a Board of Commissioners. The Board shall be composed of all
Commissioners present and able to act.

(b) The Board of Commissioners is authorized to act upon all matters
normally acted upon by the Commission en banc, except the following:

(1) The final determination on the merits of any adjudicatory or
investigatory hearing proceeding or of any rule making proceeding, except
upon a finding by the Board that the public interest would be disserved by
waiting the convening of a quorum of the Commission.

(2) Petitions for reconsideration of Commission actions.

(3) Applications for review of actions taken pursuant to delegated
authority.

(c) The Board of Commissioners is authorized to act upon all matters
normally acted upon by an individual Commissioner (when he or his alternates
are not present or able to act) or by a committee of Commissioners (in the
absence of a quorum of the committee).

(d) Actions taken by the Board of Commissioners shall be recorded in the
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 FR 9314 , July 27, 1965]

§ 0.218 Authority of, and delegated to, an individual Commissioner or
Commissioners.

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(a) One or more members of the Commission may be designated to preside in a
hearing proceeding. The Commissioner or Commissioners designated to preside
at such a hearing shall fix the time and place of the hearing and shall act
upon all motions, petitions or other matters 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.

[ 27 FR 7931 , Aug. 10, 1962]

Managing Director

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§ 0.231 Authority delegated.

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(a) The Managing Director, or his designee, upon securing concurrence of the
General Counsel, is delegated authority to act upon requests for waiver,
reduction or deferment of fees, establish payment dates, and issue notices
proposing amendments or adjustments to the fee schedules established under
part 1, subpart G, of this chapter.

(b) The Managing 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.

(d) The Managing Director, or his designee, upon securing the 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 the claim does not
exceed $5,000. In addition thereto, the Managing Director, or his designee,
upon securing the concurrence of the General Counsel, is delegated authority
to act in the disposition of claims arising under the Military Personnel and
Civilian Employees' Claims Act, as amended, 31 U.S.C. 3701 and 3721, where
the amount of the claim does not exceed $6,500.

(e) The Managing Director is delegated authority to act as Head of the
Procurement Activity and Contracting Officer for the Commission and to
designate appropriate subordinate officials to act as Contracting Officers
for the Commission. As Head of the Procurement Activity, the Managing
Director will refer all appeals filed against final decisions regarding
procurement contracts to the Armed Services Board of Contract Appeals for
resolution. Appeals will be handled in accordance with the Rules of the
Board of Contract Appeals.

(f) (1) The Managing Director, or his designee, is delegated authority to
perform all administrative determinations provided for by the Debt
Collection Improvement Act of 1996, Public Laws 104–134, 110 Stat. 1321,
1358 (1996) (DCIA), including, but not limited to the provisions of Title
31, United States Code section 3711 to:

(i) Collect claims of the United States Government for money or property
arising out of the activities of, or referred to, the Federal Communications
Commission,

(ii) Compromise a claim of the Government of not more than $100,000
(excluding interest) or such higher amount as the Attorney General of the
United States may from time to time prescribe, and

(iii) Suspend or end collection action on a claim of the Government of not
more than $100,000 (excluding interest) when it appears that no person
liable on the claim has the present or prospective ability to pay a
significant amount of the claim or the cost of collecting the claim is
likely to be more than the amount recovered.

(2)(i) This delegation does not include waiver authority provided by 31
U.S.C. 3720B.

(ii) The Chief Financial Officer, or the Deputy Chief Financial Officer, is
delegated authority to perform all administrative determinations provided
for by 31 U.S.C. 3720B.

(g) The Managing Director, after consultation with the Chairman shall
establish, renew, and terminate all Federal advisory committees. He shall
also exercise all management responsibilities under the Federal Advisory
Committee Act as amended (Pub. L. No. 92–463, 5 U.S.C. App.).

(h) [Reserved]

(i) The Secretary, acting under the supervision of the Managing Director,
serves as the official custodian of the Commission's documents and shall
have authority to appoint a deputy or deputies for the purposes of custody
and certification of documents located in Gettysburg, Pennsylvania or other
established locations. The Secretary is delegated authority to rule on
requests for extensions of time based on operational problems associated
with the Commission's electronic comment filing system. See §1.46 of this
chapter.

(j) The Managing Director or his designee is delegated the authority, after
seeking the opinion of the General Counsel, to determine, in accordance with
generally accepted accounting principles for federal agencies the
organizations, programs (including funds), and accounts that are required to
be included in the financial statements of the Commission.

(k) The Managing Director, or his designee, after seeking the opinion of the
General Counsel, is delegated the authority to direct all organizations,
programs (including funds), and accounts that are required to be included in
the financial statements of the Commission to comply with all relevant and
applicable federal financial management and reporting statutes.

(Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303; 18
U.S.C. 207(j); 39 U.S.C. 3220; Notice of Preliminary Guidelines issued by
the Department of Justice, 50 FR 46622 , November 8, 1985)
Cross Reference:

47 CFR part 19, subpart E.

[ 29 FR 14666 , Oct. 28, 1964]

Editorial Note: ForFederal Registercitations affecting §0.231, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.

Chief Engineer

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§ 0.241 Authority delegated.

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(a) The performance of functions and activities described in §0.31 is
delegated to the Chief of the Office of Engineering and Technology:
Provided, that the following matters shall be referred 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
changes, except that the Chief of the Office of Engineering and Technology
is delegated authority to make the revisions to the filing system and
template necessary to improve the efficiency of reporting and to reduce,
where reasonably possible, the time for providers to prepare, and for the
Commission staff to review, the communications disruption reports required
to be filed pursuant to part 4 of this chapter.

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

(3) Petitions and other requests for waivers of the Commission's rules,
whether or not accompanied by an applications, 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 preset 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) 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.

(7) Authority to issued a notice of opportunity for hearing pursuant to
§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 $20,000.

(8) Proposed actions following any case remanded by the courts.

(b) The Chief of the Office of Engineering and Technology is delegated
authority to administer the Equipment Authorization program as described in
part 2 of this chapter.

(c) The Chief of the Office of Engineering and Technology is delegated
authority to administer the Experimental Radio licensing program pursuant to
part 5 of this chapter.

(d) The Chief of the Office of Engineering and Technology is delegated
authority to administer the communications disruption reporting requirements
that are contained in part 4 of this chapter and to revise the filing system
and template used for the submission of such reports.

(e) The Chief of the Office of Engineering and Technology is delegated
authority to examine 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, to
notify 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. This delegation shall
be exercised in consultation with the Chief, Media Bureau.

(f) The Chief of the Office of Engineering and Technology is authorized to
dismiss or deny petitions for rulemaking which are repetitive or moot or
which for other reasons plainly do not warrant consideration by the
Commission.

(g) The Chief of the Office of Engineering and Technology is authorized to
enter into agreements with the National Institute of Standards and
Technology and other accreditation bodies to perform accreditation of test
laboratories pursuant to §2.948(d) of this chapter. In addition, the Chief
is authorized to make determinations regarding the continued acceptability
of individual accrediting organizations and accredited laboratories.

(h) The Chief of the Office of Engineering and Technology is delegated
authority to enter into agreements with the National Institute of Standards
and Technology to perform accreditation of Telecommunication Certification
Bodies (TCBs) pursuant to §§2.960 and 2.962 of this chapter. In addition,
the Chief is delegated authority to develop specific methods that will be
used to accredit TCBs, to designate TCBs, to make determinations regarding
the continued acceptability of individual TCBs, and to develop procedures
that TCBs will use for performing post-market surveillance.

(i) The Chief of the Office of Engineering and Technology is delegated
authority to make nonsubstantive, editorial revisions to the Commission's
rules and regulations contained in parts 2, 4, 5, 15, and 18 of this
chapter.

[ 51 FR 41106 , Nov. 13, 1986, as amended at 57 FR 18088 , Apr. 29, 1992; 60 FR 5324 , Jan. 27, 1995; 60 FR 32119 , June 20, 1995; 61 FR 4918 , Feb. 9, 1996;
61 FR 31045 , June 19, 1996; 62 FR 48952 , Sept. 18, 1997; 64 FR 4995 , Feb. 2,
1999; 67 FR 13220 , Mar. 21, 2002; 69 FR 70337 , Dec. 3, 2004]

§ 0.247 Record of actions taken.

top

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

[ 33 FR 8228 , June 1, 1968, as amended at 44 FR 39179 , July 5, 1979; 51 FR 12615 , Apr. 14, 1986]

General Counsel

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§ 0.251 Authority delegated.

top

(a) The General Counsel is delegated authority to act as the “designated
agency ethics official.”

(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:

(1) To act upon requests for extension of time within which briefs, comments
or pleadings may be filed.

(2) 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.

(3) To dismiss or deny petitions for rulemaking which are repetitive or moot
or which, for other reasons, plainly do not warrant consideration by the
Commission.

(4) To dismiss as repetitious any petition for reconsideration of a
Commission order denying an application for review which fails to rely on
new facts or changed circumstances.

(c) The General Counsel is delegated authority in adjudicatory hearing
proceedings which are pending before the Commission en banc to act on all
requests for relief, and to issue all appropriate orders, except those which
involve final disposition on the merits of a previously specified issue
concerning an applicant's basic qualifications or two or more applicants'
comparative qualifications.

(d) When an adjudicatory proceeding is before the Commission for the
issuance of a final order or decision, the General Counsel will make every
effort to submit a draft order or decision for Commission consideration
within four months of the filing of the last responsive pleading. If the
Commission is unable to adopt an order or decision in such cases within five
months of the last responsive pleading, it shall issue an order indicating
that additional time will be required to resolve the case.

(e) The official record of all actions taken by the General Counsel pursuant
to §0.251 (c) and (d) is contained in the original docket folder, which is
maintained by the Reference Information Center.

(f) The General Counsel is delegated authority to issue written
determinations on matters regarding the interception of telephone
conversations. Nothing in this paragraph, however, shall affect the
authority of the Inspector General to intercept or record telephone
conversations as necessary in the conduct of investigations or audits.

(g) The General Counsel is delegated authority to issue rulings on whether
violations of the ex parte rules have occurred.

(h) The General Counsel is delegated authority to make determinations
regarding and waive the applicability of section 4(b) of the Communications
Act (47 U.S.C. §154(b)) and the Federal conflict of interest statutes (18
U.S.C. §§203, 205 and 208).

(i) The General Counsel is delegated authority to perform all administrative
determinations provided for by the Debt Collection Improvement Act of 1996,
Public Law 104–134, 110 Stat. 1321, 1358 (1996) (DCIA), including, but not
limited to the provisions of Title 31, U.S.C. 3711 to:

(1) Collect claims of the United States Government of money or property
arising out of the activities of, or referred to, the Federal Communications
Commission,

(2) Compromise a claim of the Government of not more than $100,000
(excluding interest) or such higher amount as the Attorney General of the
United States may from time to time prescribe, and

(3) Suspend or end collection action on a claim of the Government of not
more than $100,000 (excluding interest) when it appears that no person
liable on the claim has the present or prospective ability to pay a
significant amount of the claim or the cost of collecting the claim is
likely to be more than the amount recovered.

Note to paragraph(i): This delegation does not include waiver authority
provided by 31 U.S.C. 3720B.

[ 28 FR 12402 , Nov. 22, 1963]

Editorial Note: ForFederal Registercitations affecting §0.251, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.

International Bureau

top

Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27, 1995,
unless otherwise noted.

§ 0.261 Authority delegated.

top

(a) Subject to the limitations set forth in paragraph (b) of this section,
the Chief, International Bureau, is hereby delegated the authority to
perform the functions and activities described in §0.51, including without
limitation the following:

(1) To recommend rulemakings, studies, and analyses (legal, engineering,
social, and economic) of various petitions for policy or rule changes
submitted by industry or the public, and to assist the Commission in
conducting the same;

(2) To assume the principal representational role on behalf of the
Commission in international conferences, meetings, and negotiations, and
direct Commission preparation for such conferences, meetings, and
negotiations with other bureaus and offices, as appropriate;

(3) To act upon applications for international telecommunications and
services pursuant to part 23 of this chapter and relevant portions of part
63 of this chapter, and coordinate with the Wireline Competition Bureau as
appropriate;

(4) To act upon applications for international and domestic satellite
systems and earth stations pursuant to part 25 and part 100 of this chapter;

(5) To act upon applications for cable landing licenses pursuant to §1.767
of this chapter;

(6) To act upon requests for designation of Recognized Private Operating
Agency (RPOA) status under part 63 of this chapter;

(7) To act upon applications relating to international broadcast station
operations, or for permission to deliver programming to foreign stations,
under part 73 of this chapter;

(8) To administer and enforce the policies and rules on international
settlements under part 64 of this chapter;

(9) To administer portions of part 2 of this chapter dealing with
international treaties and call sign provisions, and to make call sign
assignments, individually and in blocks, to U.S. Government agencies and FCC
operating bureaus;

(10) To act upon applications for closure of public coast stations in the
maritime service under part 63 of this chapter and to coordinate its efforts
with the Wireless Telecommunications Bureau.

(11) To administer Commission participation in the International
Telecommunication Union (ITU) Fellowship telecommunication training program
for foreign officials offered through the U.S. Telecommunications Training
Institute;

(12) In consultation with the affected Bureaus and Offices, to recommend
revision of Commission rules and procedures as appropriate to conform to the
outcomes of international conferences, agreements, or treaties;

(13) To notify the ITU of the United States' terrestrial and satellite
assignments for inclusion in the Master International Frequency Register;

(14) To conduct studies and compile such data relating to international
telecommunications as may be necessary for the Commission to develop and
maintain an adequate regulatory program; and

(15) To interpret and enforce rules and regulations pertaining to matters
under its jurisdiction and not within the jurisdiction of the Enforcement
Bureau.

(b) Notwithstanding the authority delegated in paragraph (a) of this
section, the Chief, International Bureau, shall not have authority:

(1) To act on any application, petition, pleading, complaint, enforcement
matter, or other request that:

(i) Presents new or novel arguments not previously considered by the
Commission;

(ii) Presents facts or arguments which appear to justify a change in
Commission policy; or

(iii) Cannot be resolved under outstanding precedents and guidelines after
consultation with appropriate Bureaus or Offices.

(2) To issue notices of proposed rulemaking, notices of inquiry, or reports
or orders arising from rulemaking or inquiry proceedings;

(3) To act upon any application for review of actions taken by the Chief,
International Bureau, pursuant to delegated authority, which application
complies with §1.115 of this chapter;

(4) To act upon any formal or informal radio application or section 214
application for common carrier services which is in hearing status;

(5) To designate for hearing any applications except:

(i) Mutually exclusive applications for radio facilities filed pursuant to
parts 23, 25, 73, or 100 of this chapter; and

(ii) Applications for facilities where the issues presented relate solely to
whether the applicant has complied with outstanding precedents and
guidelines; or

(6) To impose, reduce, or cancel forfeitures pursuant to section 203 or
section 503(b) of the Communications Act of 1934, as amended, in amounts of
more than $80,000 for common carrier providers and $20,000 for non-common
carrier providers.

[ 60 FR 5324 , Jan. 27, 1995, as amended at 60 FR 35506 , July 10, 1995; 64 FR 60721 , Nov. 8, 1999; 67 FR 13220 , Mar. 21, 2002]

§ 0.262 Record of actions taken.

top

The application and authorization files in the appropriate central files of
the International Bureau are designated as the Commission's official records
of actions by the Chief, International Bureau, pursuant to authority
delegated to him.

Office of Strategic Planning and Policy Analysis

top

§ 0.271 Authority delegated.

top

(a) 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 Chief,
Office of Strategic Planning and Policy Analysis is delegated authority to
deny requests or to extend the time within which comments may be filed in
dockets over which the Office of Strategic Planning and Policy Analysis has
primary authority.

(b) [Reserved]

[ 45 FR 10347 , Feb. 15, 1980, as amended at 68 FR 11747 , Mar. 12, 2003]

Chief, Media Bureau

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§ 0.283 Authority delegated.

top

The Chief, Media Bureau, is delegated authority to perform all functions of
the Bureau, described in §0.61, provided that the following matters shall be
referred to the Commission en banc for disposition:

(a) Notices of proposed rulemaking and of inquiry and final orders in such
proceedings, with the exception of rulemaking proceedings involving the
allotment of FM and television channels.

(b) Application for review of actions taken pursuant to delegated authority.

(c) Matters that present novel questions of law, fact or policy that cannot
be resolved under existing precedents and guidelines.

(d) The imposition, reduction or cancellation of forfeitures pursuant to
section 503(b) of the Communications Act of 1934, as amended, in amounts of
more than $20,000.

[ 67 FR 13220 , Mar. 21, 2002]

§ 0.284 Actions taken under delegated authority.

top

(a) In discharging the authority conferred by §0.283 of this part, the
Chief, Media 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;

(1) Complaints arising under section 315 of the Communications Act—Office of
General Counsel.

(2) Requests for waiver of tower painting and lighting
specifications-Wireless Telecommunications Bureau.

(3) Requests for use of frequencies or bands of frequencies shared with
private sector nonbroadcast or government services—Office of Engineering and
Technology and appropriate operating bureau.

(4) Requests involving coordination with other agencies of government—Office
of General Counsel, Office of Engineering and Technology and appropriate
operating bureau.

(5) Proposals involving possible harmful impact on radio astronomy or radio
research installations—Office of Engineering and Technology.

(b) With respect to non-routine applications granted under authority
delegated in §0.283 of this part, the Chief, Media Bureau or his designees,
shall enter on the working papers associated with each application a
narrative justification of the action taken. While not available for public
inspection, these working papers shall, upon request, be made available to
the Commissioners and members of their staffs.

[ 47 FR 47829 , Oct. 28, 1982; 47 FR 56852 , Dec. 21, 1982, as amended at 51 FR 12615 , Apr. 14, 1986; 52 FR 5288 , Feb. 20, 1987; 59 FR 32132 , June 22, 1994;
59 FR 67092 , Dec. 28, 1994; 61 FR 8477 , Mar. 5, 1996; 64 FR 60721 , Nov. 8,
1999; 67 FR 13220 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006]

§ 0.285 Record of actions taken.

top

The history card, the station file, and other appropriate files are
designated to be the official records of action taken by the Chief of the
Media Bureau. The official records of action are maintained in the Reference
Information Center in the Consumer and Governmental Affairs Bureau.

[ 67 FR 13220 , Mar. 21, 2002]

Chief, Wireline Competition Bureau

top

§ 0.291 Authority delegated.

top

The Chief, Wireline Competition Bureau, is hereby delegated authority to
perform all functions of the Bureau, described in §0.91, subject to the
following exceptions and limitations.

(a) Authority concerning applications. (1) The Chief, Wireline Competition
Bureau shall not have authority to act on any formal or informal common
carrier applications or section 214 applications for common carrier services
which are in hearing status.

(2) The Chief, Wireline Competition Bureau shall not have authority to act
on any applications or requests which present novel questions of fact, law
or policy which cannot be resolved under outstanding precedents and
guidelines.

(b) Authority concerning section 220 of the Act. The Chief, Wireline
Competition Bureau shall not have authority to promulgate regulations or
orders prescribing permanent depreciation rates for common carriers, or to
prescribe interim depreciation rates to be effective more than one year,
pursuant to section 220 of the Communications Act of 1934, as amended.

(c) Authority concerning forfeitures. The Chief, Wireline Competition Bureau
shall not have authority to impose, reduce or cancel forfeitures pursuant to
Section 203 or Section 503(b) of the Communications Act of 1934, as amended,
in amounts of more than $80,000.

(d) Authority concerning applications for review. The Chief, Wireline
Competition Bureau shall not have authority to act upon any applications for
review of actions taken by the Chief, Wireline Competition Bureau, pursuant
to any delegated authority.

(e) Authority concerning rulemaking and investigatory proceedings. The
Chief, Wireline Competition Bureau, shall not have authority to issue
notices of proposed rulemaking, notices of inquiry, or reports or orders
arising from either of the foregoing, except that the Chief, Wireline
Competition Bureau, shall have authority, in consultation and coordination
with the Chief, International Bureau, to issue and revise a manual on the
details of the reporting requirements for international carriers set forth
in §43.61(d) of this chapter.

(f) Authority concerning the issuance of subpoenas. The Chief of the
Wireline Competition Bureau or her/his designee is authorized 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 jurisdiction of the Wireline Competition
Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of
the Office of General Counsel.

(g) The Chief, Wireline Competition Bureau, is delegated authority to enter
into agreements with the National Institute of Standards and Technology to
perform accreditation of Telecommunication Certification Bodies (TCBs)
pursuant to §§68.160 and 68.162 of this chapter. In addition, the Chief is
delegated authority to develop specific methods that will be used to
accredit TCBs, to designate TCBs, to make determinations regarding the
continued acceptability of individual TCBs and to develop procedures that
TCBs will use for performing post-market surveillance.

(h) Authority concerning petitions for pricing flexibility. (1) The Chief,
Wireline Competition Bureau, shall have authority to act on petitions filed
pursuant to part 69, subpart H, of this chapter for pricing flexibility
involving special access and dedicated transport services. This authority is
not subject to the limitation set forth in paragraph (a)(2) of this section.

(2) The Chief, Wireline Competition Bureau, shall not have authority to act
on petitions filed pursuant to part 69, subpart H, of this chapter for
pricing flexibility involving common line and traffic sensitive services.

(i) Authority concerning schools and libraries support mechanism audits. The
Chief, Wireline Competition Bureau, shall have authority to address audit
findings relating to the schools and libraries support mechanism. This
authority is not subject to the limitation set forth in paragraph (a)(2) of
this section.

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155,
303; 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, 1089; 47
U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)

[ 44 FR 18501 , Mar. 28, 1979]

Editorial Note: ForFederal Registercitations affecting §0.291, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.

§ 0.301 [Reserved]

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§ 0.302 Record of actions taken.

top

The application and authorization files are designated as the Commission's
official records of action of the Chief, Wireline Competition Bureau
pursuant to authority delegated to the Chief. The official records of action
are maintained in the Reference Information Center in the Consumer and
Governmental Affairs Bureau.

[ 67 FR 13221 , Mar. 21, 2002]

§ 0.303 [Reserved]

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§ 0.304 Authority for determinations of exempt telecommunications company
status.

top

Authority is delegated to the Chief, Wireline Competition Bureau to act upon
any application for a determination of exempt telecommunications company
status filed pursuant to section 34(a)(1) of the Public Utility Holding
Company Act of 1935, as amended by section 103 of the Telecommunications Act
of 1996.

[ 64 FR 5950 , Feb. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

Enforcement Bureau

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§ 0.311 Authority delegated.

top

The Chief, Enforcement Bureau, is delegated authority to perform all
functions of the Bureau, described in §0.111, provided that:

(a) The following matters shall be referred to the Commission en banc for
disposition:

(1) Notices of proposed rulemaking and of inquiry and final orders in such
proceedings.

(2) Applications for review of actions taken pursuant to delegated
authority.

(3) Matters that present novel questions of law, fact or policy that cannot
be resolved under existing precedents and guidelines.

(4) Forfeiture notices and forfeiture orders if the amount is more than
$100,000 in the case of common carriers or more than $25,000 in the case of
all other persons or entities.

(5) Orders concluding an investigation under section 208(b) of the
Communications Act and orders addressing petitions for reconsideration of
such orders.

(6) Release of information pursuant to section 220(f) of the Communications
Act, except for release of such information to a state public utility
commission or in response to a Freedom of Information Act Request.

(b) Action on complaints regarding compliance with section 705(a) of the
Communications Act shall be coordinated with the Office of General Counsel.

[ 64 FR 60721 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006]

§ 0.314 Additional authority delegated.

top

The Regional Director, Deputy Regional Director, District Director or
Resident Agent at each installation 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) On informal requests from broadcast stations to extend temporary
authority for operation without monitors, plate ammeter, plate volmeter,
base current meter, common point meter, and transmission line meter from FM
and television stations.

(b)(1) Extend the Communications Act Safety Radiotelephony Certificate for a
period of up to 90 days beyond the specified expiration date.

(b)(2) Grant emergency exemption requests, extensions or waivers of
inspection to ships in accordance with applicable provisions of the
Communications Act, the Safety Convention, the Great Lakes Agreement or the
Commission's rules.

(c) To act on and make determinations on behalf of the Commission regarding
requests for assignments and reassignments of priorities under the
Telecommunications Service Priority System, part 64 of the rules, when
circumstances require immediate action and the common carrier seeking to
provide service states that it cannot contact the National Communications
System or the Commission office normally responsible for such assignments.
To the extent possible, all such actions and determinations shall be made in
coordination with the Public Safety and Homeland Security Bureau.

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

(e) Require stations to operate with the 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.

(f) Issue notices and orders to operators of industrial, scientific, and
medical (ISM) equipment, as provided in §18.115 of this chapter.

(g) Act on requests for permission to resume operation of ISM equipment on a
temporary basis, as provided by §18.115 of this chapter, and requests for
extensions of time within which to file final reports, as provided by
§18.117 of this chapter.

(h) Issue notices and orders to operators of part 15 devices, as provided in
§15.5 of this chapter.

(i) Issue notices and orders to suspend operations to multi-channel video
programming distributors, as provided in §76.613 of this chapter.

(j) Issue notices and orders to suspend operations to part 74 licensees, as
provided in §74.23 of this chapter.

[ 64 FR 60721 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006]

§ 0.317 Record of action taken.

top

The application, authorization, and other appropriate files of the
Enforcement 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. The
official records of action are maintained in the Reference Information
Center in the Consumer Information Bureau.

[ 64 FR 60722 , Nov. 8, 1999]

Wireless Telecommunications Bureau

top

§ 0.331 Authority delegated.

top

The Chief, Wireless Telecommunications Bureau, is hereby delegated authority
to perform all functions of the Bureau, described in §0.131, subject to the
following exceptions and limitations.

(a) Authority concerning applications. (1) The Chief, Wireless
Telecommunications Bureau shall not have authority to act on any radio
applications that are in hearing status.

(2) The Chief, Wireless Telecommunications Bureau shall not have authority
to act on any complaints, petitions or requests, whether or not accompanied
by an application, when such complaints, petitions or requests present new
or novel questions of law or policy which cannot be resolved under
outstanding Commission precedents and guidelines.

(b) Authority concerning forfeitures and penalties. The Chief, Wireless
Telecommunications Bureau, shall not have authority to impose, reduce, or
cancel forfeitures pursuant to the Communications Act of 1934, as amended,
and imposed under regulations in this chapter in amounts of more than
$80,000 for commercial radio providers and $20,000 for private radio
providers. Payments for bid withdrawal, default or to prevent unjust
enrichment that are imposed pursuant to Section 309(j) of the Communications
Act of 1934, as amended, and regulations in this chapter implementing
Section 309(j) governing auction authority, are excluded from this
restriction.

(c) Authority concerning applications for review. The Chief, Wireless
Telecommunications Bureau shall not have authority to act upon any
applications for review of actions taken by the Chief, Wireless
Telecommunications Bureau pursuant to any delegated authority, except that
the Chief may dismiss any such application that does not comply with the
filing requirements of §1.115 (d) and (f) of this chapter.

(d) Authority concerning rulemaking proceedings. The Chief, Wireless
Telecommunications Bureau shall not have the authority to act upon notices
of proposed rulemaking and inquiry, final orders in rulemaking proceedings
and inquiry proceedings, and reports arising from any of the foregoing
except such orders involving ministerial conforming amendments to rule
parts, or orders conforming any of the applicable rules to formally adopted
international conventions or agreements where novel questions of fact, law,
or policy are not involved. In addition, revisions to the airport terminal
use list in §90.35(c)(61) of this chapter and revisions to the Government
Radiolocation list in §90.371(b) of this chapter need not be referred to the
Commission. Also, the addition of new Marine VHF frequency coordination
committee(s) to §80.514 of this chapter need not be referred to the
Commission if they do not involve novel questions of fact, policy or law, as
well as requests by the United States Coast Guard to:

(1) Designate radio protection areas for mandatory Vessel Traffic Services
(VTS) and establish marine channels as VTS frequencies for these areas; or

(2) Designate regions for shared commercial and non-commercial vessel use of
VHF marine frequencies.

(3) Designate by footnote to frequency table in §80.373(f) of this chapter
marine VHF frequencies are available for intership port operations
communications in defined port areas.

[ 60 FR 35506 , July 10, 1995, as amended at 61 FR 26465 , May 28, 1996; 62 FR 40285 , July 28, 1997; 65 FR 43715 , July 14, 2000; 67 FR 63284 , Oct. 11,
2002; 69 FR 46440 , Aug. 3, 2004]

§ 0.332 Actions taken under delegated authority.

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In discharging the authority conferred by §0.331, the Chief, Wireless
Telecommunications 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) [Reserved]

(b) Requests for waiver of tower painting and lighting
specifications—Enforcement Bureau.

(c) Matters involving public safety, homeland security, national security,
emergency management and preparedness, and disaster management
communications—the Public Safety and Homeland Security Bureau.

(d) Complaints involving equal employment opportunities—Office of General
Counsel.

(e) Requests for use of frequencies or bands of frequencies shared with
broadcast, common carrier, or government services—Office of Engineering and
Technology and appropriate operating bureau.

(f) Requests involving coordination with other Federal or state agencies
when appropriate—Office of General Counsel, Office of Engineering and
Technology or operating bureau.

(g) Proposals involving possible harmful impact on radio astronomy or radio
research installations—Office of Engineering and Technology.

[ 40 FR 4423 , Jan. 30, 1975, as amended at 44 FR 11070 , Feb. 27, 1979; 44 FR 39180 , July 5, 1979; 50 FR 27953 , July 9, 1985; 51 FR 12615 , Apr. 14, 1986;
51 FR 20290 , June 4, 1986; 52 FR 5288 , Feb. 20, 1987; 59 FR 26971 , May 25,
1994; 60 FR 5325 , Jan. 27, 1995; 60 FR 35507 , July 10, 1995; 61 FR 8477 ,
Mar. 5, 1996; 64 FR 60722 , Nov. 8, 1999; 71 FR 69037 , Nov. 29, 2006]

§§ 0.333-0.337 [Reserved]

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Administrative Law Judges

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§ 0.341 Authority of administrative law judge.

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(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 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, or the Commission, as the case may be.

(d) In the conduct of routine broadcast comparative hearings involving
applicants for only new facilities, i.e., cases that do not involve numerous
applicants and/or motions to enlarge issues, the presiding administrative
law judge shall make every effort to conclude the case within nine months of
the release of the hearing designation order. In so doing, the presiding
judge will make every effort to release an initial decision in such cases
within 90 days of the filing of the last responsive pleading.

(e) Upon assignment by the Chief Administrative Law Judge, Administrative
Law Judges, including the Chief Judge, will act as settlement judges in
appropriate cases. See 47 CFR 1.244 of this chapter.

[ 29 FR 6442 , May 16, 1964, as amended at 37 FR 19372 , Sept. 20, 1972; 41 FR 14870 , Apr. 8, 1976; 56 FR 792 , Jan. 9, 1991; 62 FR 4170 , Jan. 29, 1997]

§ 0.347 Record of actions taken.

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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 in
the Reference Information Center of the Consumer and Governmental Affairs
Bureau.

[ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

Chief Administrative Law Judge

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§ 0.351 Authority delegated.

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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 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 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]

§ 0.357 Record of actions taken.

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The official record of all actions taken by the Chief Administrative Law
Judge in docketed proceedings pursuant to §0.351 is contained in the
original docket folder, which is maintained by the Reference Information
Center of the Consumer and Governmental Affairs Bureau.

[ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

Consumer and Governmental Affairs Bureau

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§ 0.361 Authority delegated.

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The Chief, Consumer and Governmental Affairs Bureau, is delegated authority
to perform all functions of the Bureau, described in §0.141, provided that
the following matters shall be referred to the Commission en banc for
disposition:

(a) Notices of proposed rulemaking and of inquiry and final orders in such
proceedings.

(b) Application for review of actions taken pursuant to delegated authority.

(c) Matters that present novel questions of law, fact or policy that cannot
be resolved under existing precedents and guidelines.

[ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

Office of Communications Business Opportunities

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§ 0.371 Authority delegated.

top

The Director, Office of Communications Business Opportunities, or his/her
designee, is hereby delegated authority to:

(a) Manage the Commission's compliance with the Regulatory Flexibility Act
and the Small Business Regulatory Enforcement Fairness Act;

(b) Develop the Commission's goals and objectives regarding increased
opportunities for small entities, women, and minorities;

(c) Collect and analyze data on the Commission's efforts toward ensuring
full consideration of the interests of small entities, women, and
minorities;

(d) Prepare and release reports on the opportunities available and obstacles
faced by small entities, women, and minorities in the communications
industry;

(e) Conduct studies and collect data on the issues and problems faced by
small entities, women, and minorities in the communications industry;

(f) Assume representational role on behalf of the Commission before other
federal agencies and at conferences, meetings, and hearings regarding small
entities, women, and minorities in the communications industry;

(g) Develop programs and strategies designed to increase competition,
employment opportunities and diversity of viewpoint through the promotion of
ownership by small entities, women, and minorities;

(h) Manage the Commission's efforts to increase the awareness of small
entities, women, and minorities and to ensure that all available information
is accessible to the same.

[ 69 FR 7377 , Feb. 17, 2003]

National Security and Emergency Preparedness Delegations

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§ 0.381 Defense Commissioner.

top

The authority delegated to the Commission under Executive Orders 12472 and
12656 is redelegated to the Defense Commissioner.

[ 69 FR 30234 , May 27, 2004]

§ 0.383 Emergency Relocation Board, authority delegated.

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(a) During any period in which the Commission is unable to function because
of the circumstances set forth in §0.186(b), 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; 53 FR 29055 , Aug. 2, 1988]

§ 0.387 Other national security and emergency preparedness delegations; cross
reference.

top

For authority of the Chief of the Public Safety and Homeland Security Bureau
to declare a temporary communications emergency, see §0.191(o).

[ 71 FR 69037 , Nov. 29, 2006]

Office of Workplace Diversity

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§ 0.391 Authority delegated.

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The Director, Office of Workplace Diversity, or his/her designee, is hereby
delegated authority to:

(a) Manage the Commission's internal EEO compliance program pursuant to
Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation
Act of 1973, as amended, the Age Discrimination in Employment Act of 1967,
as amended, the Equal Pay Act, and other applicable laws, rules,
regulations, and Executive Orders, with authority that includes appointing
EEO counselors, investigators, and mediators; investigating complaints of
employment discrimination, and recommending to the Chairman final agency
decisions on EEO complaints;

(b) Mediate EEO complaints;

(d) Collect and analyze data on the Commission's affirmative action and EEO
activities and accomplishments;

(e) Prepare and release reports on EEO, affirmative action, workplace
diversity, and related subjects;

(f) Review personnel activities, including hiring, promotions, discipline,
training, awards, and performance recognition for conformance with EEO and
workplace diversity goals, objectives and requirements;

(g) Conduct studies and collect data on workplace diversity issues and
problems;

(h) Assume representational role on behalf of the Commission at conferences,
meetings, and negotiations on EEO and workplace diversity issues;

(i) Develop programs and strategies designed to foster and encourage
fairness, equality, and inclusion of all employees in the workforce.

[ 61 FR 2728 , Jan. 29, 1996]

Public Safety and Homeland Security Bureau

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§ 0.392 Authority delegated.

top

The Chief, Public Safety and Homeland Security Bureau, is hereby delegated
authority to perform all functions of the Bureau, described in §0.191,
subject to the following exceptions and limitations in paragraphs (a)
through (e) of this section.

(a) The Chief, Public Safety and Homeland Security Bureau shall not have
authority to act on any applications or requests that present novel
questions of fact, law or policy that cannot be resolved under outstanding
precedents and guidelines.

(b) The Public Safety and Homeland Security Bureau shall not have authority
to act upon any applications for review of actions taken by the Chief,
Public Safety and Homeland Security Bureau, pursuant to any delegated
authority.

(c) The Public Safety and Homeland Security Bureau shall not have authority
to act upon any formal or informal radio application or section 214
application for common carrier services which is in hearing status.

(d) The Public Safety and Homeland Security Bureau shall not have authority
to impose, reduce, or cancel forfeitures pursuant to section 203 or section
503(b) of the Communications Act of 1934, as amended, in amounts of more
than $80,000 for common carrier providers and $20,000 for non-common carrier
providers.

(e) The Chief, Public Safety and Homeland Security Bureau shall not have
authority to issue notices of proposed rulemaking, notices of inquiry, or
reports or orders arising from either of the foregoing except such orders
involving ministerial conforming amendments to rule parts, or orders
conforming any of the applicable rules to formally adopted international
conventions or agreements where novel questions of fact, law, or policy are
not involved.

(f) The Chief, Public Safety and Homeland Security Bureau or her/his
designee has the authority to rule on emergency requests for Special
Temporary Authority during non-business hours. Action on emergency requests
for Special Temporary Authority during non-business hours shall be promptly
reported to the responsible Bureau or Office.

(g) The Chief, Public Safety and Homeland Security Bureau is authorized to
declare that a temporary state of communications emergency exists pursuant
to §97.401(b) of this chapter and to act on behalf of the Commission with
respect to the operation of amateur stations during such temporary state of
communications emergency.

(h) The Chief, Public Safety and Homeland Security Bureau or her/his
designee is authorized 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
jurisdiction of the Public Safety and Homeland Security Bureau. Before
issuing a subpoena, the Bureau shall obtain the approval of the Office of
General Counsel.

[ 71 FR 69037 , Nov. 29, 2006, as amended at 72 FR 39760 , July 20, 2007]

Subpart C—General Information

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General

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§ 0.401 Location of Commission offices.

top

The Commission maintains several offices and receipt locations. Applications
and other filings not submitted in accordance with the addresses or
locations set forth below will be returned to the applicant without
processing. When an application or other filing does not involve the payment
of a fee, the appropriate filing address or location is established
elsewhere in the rules for the various types of submissions made to the
Commission. The public should identify the correct filing location by
reference to these rules. Applications or submissions requiring fees must be
submitted in accordance with §0.401(b) of the rules irrespective of the
addresses that may be set out elsewhere in the rules for other submissions.

(a) General correspondence, as well as applications and filings not
requiring the fees set forth at part 1, subpart G of the rules (or not
claiming an exemption, waiver or deferral from the fee requirement), should
be delivered to one of the following locations.

(1) The main office of the Commission is located at 445 12th Street, SW.,
Washington, DC 20554.

(i) Documents submitted by mail to this office should be addressed to:
Federal Communications Commission, Washington, DC 20554.

(ii) Hand-carried documents should be delivered to the Secretary's Office at
236 Massachusetts Avenue, NE., Washington, DC 20002.

(iii) Electronic filings, where permitted, must be transmitted as specified
by the Commission or relevant Bureau or Office.

(2) The Commission's laboratory is located near Columbia, Maryland. The
mailing address is:

Federal Communications Commission, Equipment Authorization Division, 7435
Oakland Mills Road, Columbia, MD 21046

(3) The Commission also maintains offices at Gettysburg, PA.

(i) The address of the Wireless Telecommunications Bureau's licensing
facilities are:

(A) Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA
17325–7245; and

(B) Federal Communications Commission, Wireless Telecommunications Bureau,
Washington, DC 20554.

(ii) The mailing address of the International Telecommunications Section of
the Finance Branch is: Federal Communications Commission, P.O. Box IT–70,
Gettysburg, PA 17326.

(4) The locations of the field offices of the Compliance and Information
Bureau are listed in §0.121.

(5) The location of the Office of General Counsel is 445 12th Street, SW,
Washington, DC 20554.

(b) Applications or filings requiring the fees set forth at part 1, subpart
G of the rules must be delivered to the Commission's lockbox bank in
Pittsburgh, Pennsylvania with the correct fee and completed Fee Form
attached to the application or filing, unless otherwise directed by the
Commission. In the case of any conflict between this rule subpart and other
rules establishing filing locations for submissions subject to a fee, this
subpart shall govern.

Note: Applicants seeking a waiver or deferral of fees must submit their
application or filing in accordance with the addresses set forth below.
Applicants claiming a statutory exemption from the fees should file their
applications in accordance with paragraph (a) of this section.

(1) Applications and filings submitted by mail shall be addressed to the
Mellon Bank in Pittsburgh, Pennsylvania. The bank maintains separate post
office boxes for the receipt of different types of applications. It will
also establish special post office boxes to receive responses to special
filings such as applications filed in response to “filing windows”
established by the Commission. The address for the submission of filings
will be established in the Public Notice announcing the filing dates. In all
other cases, applications and filings submitted by mail should be sent to
the addresses listed in the appropriate fee rules.

Note: Wireless Telecommunications Bureau applications that require frequency
coordination by certified coordinators must be submitted to the appropriate
certified frequency coordinator before filing with the Commission. After
coordination, the applications are filed with the Commission as set forth
herein. (See §§90.127 and 90.175 of this chapter.)

(2) Applications and other filings may also be hand carried, in person or by
courier, to the Mellon Bank, Three Mellon Bank Center, 525 William Penn Way,
27th Floor, room 153–2713, Pittsburgh, Pennsylvania. All applications and
filings delivered in this manner must be in an envelope clearly marked for
the “Federal Communications Commission,” addressed to the attention of
“Wholesale Lockbox Shift Supervisor,” and identified with the appropriate
Post Office Box address as set out in the fee schedule (§§1.1102–1.1107).
Applications should be enclosed in a separate envelope for each Post Office
Box. Hand-carried or couriered applications and filings may be delivered at
any time on any day. Applications or filings received by the bank before
midnight on any Commission business day will be treated as having been filed
on that day. Materials received by the bank after midnight, Monday through
Friday, or on weekends or holidays, will be treated as having been filed on
the next Commission business day.

(3) Alternatively, applications and other filings may be sent electronically
via the Universal Licensing System (ULS) or the Cable Operations and
Licensing System (COALS) as appropriate for use of those systems.

[ 52 FR 10227 , Mar 31, 1987, as amended at 53 FR 18564 , May 24, 1988; 53 FR 40886 , Oct. 19, 1988; 54 FR 12453 , Mar. 27, 1989; 55 FR 19154 , May 8, 1990;
56 FR 64714 , Dec. 12, 1991; 58 FR 13020 , Mar. 9, 1993; 60 FR 5325 , Jan. 27,
1995; 60 FR 35507 , July 10, 1995; 61 FR 8477 , Mar. 5, 1996; 63 FR 24124 , May
1, 1998; 63 FR 36596 , July 7, 1999; 63 FR 68919 , Dec. 14, 1998; 65 FR 58466 ,
Sept. 29, 2000; 67 FR 13221 , Mar. 21, 2002; 68 FR 27000 , May 19, 2003; 71 FR 15618 , Mar. 29, 2006]

§ 0.403 Office hours.

top

The main offices of the Commission are open from 8 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays, unless otherwise stated.

[ 52 FR 10228 , Mar. 31, 1987]

§ 0.405 Statutory provisions.

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The following statutory provisions, among others, will be of interest to
persons having business with the Commission:

(a) The Federal Communications Commission was created by the Communications
Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151–609.

(b) The Commission exercises authority under the Submarine Cable Landing
Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34–39. See section 5 of Executive
Order 10530, 19 FR 2709 , May 10, 1954, as amended, 3 CFR, 1965 ed., p. 463.

(c) The Commission exercises authority under the Communications Satellite
Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701–744.

(d) The Commission operates under the Administrative Procedure Act, 60 Stat.
237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001–1011.
Pursuant to Pub. L. 89–554, September 6, 1966, 80 Stat. 378, the provisions
of the Administrative Procedure Act now appear as follows in the Code:
Administrative Procedure Act 5 U.S.C.
Sec. 2–9 551–558
Sec. 10 701–706
Sec. 11 3105, 7521, 5362, 1305
Sec. 12 559

[ 32 FR 10570 , July 19, 1967]

§ 0.406 The rules and regulations.

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Persons having business with the Commission should familiarize themselves
with those portions of its rules and regulations pertinent to such business.
All of the rules have been published and are readily available. See
§§0.411(b), 0.412, and 0.415. For the benefit of those who are not familiar
with the rules, there is set forth in this section a brief description of
their format and contents.

(a) Format. The rules are set forth in the Code of Federal Regulations as
chapter I of title 47. Chapter I is divided into parts numbered from 0–99.
Each part, in turn, is divided into numbered sections. To allow for the
addition of new parts and sections in logical sequence, without extensive
renumbering, parts and sections are not always numbered consecutively. Thus,
for example, part 2 is followed by part 5, and §1.8 is followed by §1.10; in
this case, parts 3 and 4 and §1.9 have been reserved for future use. In
numbering sections, the number before the period is the part number; and the
number after the period locates the section within that part. Thus, for
example, §1.1 is the first section of part 1 and §5.1 is the first section
in part 5. Except in the case of accounting regulations (parts 31–35), the
period should not be read as a decimal point; thus, §1.511 is not located
between §§1.51 and 1.52 but at a much later point in the rules. In citing
the Code of Federal Regulations, the citation, 47 CFR 5.1, for example, is
to §5.1 (in part 5) of chapter I of title 47 of the Code, and permits the
exact location of that rule. No citation to other rule units (e.g., subpart
or chapter) is needed.

(b) Contents. Parts 0–19 of the rules have been reserved for provisions of a
general nature. Parts 20–69 of this chapter have been reserved for
provisions pertaining to common carriers. Parts 20–29 and 80–109 of this
chapter have been reserved for provisions pertaining to the wireless
telecommunications services. In the rules pertaining to common carriers,
parts 20–25 and 80–99 of this chapter pertain to the use of radio; In the
rules pertaining to common carriers, parts 21, 23, and 25 of this chapter
pertain to the use of radio; parts 31–66 of this chapter pertain primarily
to telephone and telegraph companies. Persons having business with the
Commission will find it useful to consult one or more of the following parts
containing provisions of a general nature in addition to the rules of the
radio or wire communication service in which they are interested:

(1) Part 0, Commission organization. Part 0 describes the structure and
functions of the Commission, lists delegations of authority to the staff,
and sets forth information designed to assist those desiring to obtain
information from, or to do business with, the Commission. This part is
designed, among other things, to meet certain of the requirements of the
Administrative Procedure Act, as amended.

(2) Part 1 of this chapter, practice and procedure. Part 1, subpart A, of
this chapter contains the general rules of practice and procedure. Except as
expressly provided to the contrary, these rules are applicable in all
Commission proceedings and should be of interest to all persons having
business with the Commission. Part 1, subpart A of this chapter also
contains certain other miscellaneous provisions. Part 1, subpart B, of this
chapter contains the procedures applicable in formal hearing proceedings
(see §1.201 of this chapter). Part 1, subpart C, of this chapter contains
the procedures followed in making or revising the rule or regulations. Part
1, subpart D, of this chapter contains rules applicable to applications for
licenses in the Broadcast Radio Services, including the forms to be used,
the filing requirements, the procedures for processing and acting upon such
applications, and certain other matters. Part 1, subpart E, of this chapter
contains general rules and procedures applicable to common carriers. Part 1,
subpart F, of this chapter contain rules applicable to applications for
licenses in the Wireless Telecommunications Bureau services, including the
forms to be used, the filing requirements, the procedures for processing and
acting on such applications, and certain other matters. Part 1, subpart F,
of this chapter contains rules applicable to applications for licenses in
the Private Radio Services, including the forms to be used, the filing
requirements, the procedures for processing and acting on such applications,
and certain other matters. Part 1, subpart G, of this chapter contains rules
pertaining to the application processing fees established by the
Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99–272, 100
Stat. 82 (1986)) and also contains rules pertaining to the regulatory fees
established by the Omnibus Budget Reconciliation Act of 1993 (Pub. L.
103–66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter,
concerning ex parte presentations, sets forth standards governing
communications with commission personnel in hearing proceedings and
contested application proceedings. Part 1, subparts G and H, of this chapter
will be of interest to all regulatees, and part 1, subpart H, of this
chapter will, in addition, be of interest to all persons involved in hearing
proceedings.

(3) Part 2, frequency allocations and radio treaty matters; general rules
and regulations. Part 2 will be of interest to all persons interested in the
use of radio. It contains definitions of technical terms used in the rules
and regulations; provisions governing the allocation of radio frequencies
among the numerous uses made of radio (e.g., broadcasting, land mobile) and
radio services (e.g., television, public safety), including the Table of
Frequency Allocations (§2.106); technical provisions dealing with emissions;
provisions dealing with call signs and emergency communications; provisions
governing authorization of radio equipment; and a list of treaties and other
international agreements pertaining to the use of radio.

(4) Part 5, experimental radio services (other than broadcast). Part 5 deals
with the temporary use of radio frequencies for research in the radio art,
for communication involving other research projects, and for the development
of equipment, data, or techniques.

(5) Part 13, commercial radio operators. Part 13 describes the procedures to
be followed in applying for a commercial operator license, including the
forms to be used and the examinations given, and sets forth rules governing
licensed operators. It will be of interest to applicants for such licenses,
licensed operators, and the licensees of radio stations which may be
operated only by persons holding a commercial radio operator license.

(6) Part 15, radio frequency devices. Part 15 contains regulations designed
to prevent harmful interference to radio communication from radio receivers
and other devices which radiate radio frequency energy, and provides for the
certification of radio receivers. It also provides for the certification of
low power transmitters and for the operation of certificated transmitters
without a license.

(7) Part 17, construction, marking, and lighting of antenna structures. Part
17 contains criteria for determining whether applications for radio towers
require notification of proposed construction to the Federal Aviation
Administration, and specifications for obstruction marking and lighting of
antenna structures.

(8) Part 18, industrial, scientific and medical equipment. Part 18 contains
regulations designed to prevent harmful interference to radio communication
from ultrasonic equipment, industrial heating equipment, medical diathermy
equipment, radio frequency stabilized arc welders, and other equipment which
uses radio energy for purposes other than communication.

(9) Part 19, employee responsibilities and conduct. Part 19 prescribes
standards of conduct for the members and staff of the Commission.

[ 32 FR 10571 , July 19, 1967, as amended at 32 FR 12180 , Aug. 24, 1967; 37 FR 20553 , Sept. 30, 1972; 52 FR 5288 , Feb. 20, 1987; 58 FR 13021 , Mar. 9, 1993;
59 FR 30998 , June 16, 1994; 60 FR 35507 , July 10, 1995; 63 FR 36596 , July 7,
1998]

§ 0.408 OMB control numbers and expiration dates assigned pursuant to the
Paperwork Reduction Act of 1995.

top

(a) Purpose. This section displays the control numbers and expiration dates
for the Commission information collection requirements assigned by the
Office of Management and Budget (“OMB”) pursuant to the Paperwork Reduction
Act of 1995, Public Law No. 104–13. The Commission intends that this section
comply with the requirement that agencies display current control numbers
and expiration dates assigned by the Director, OMB, for each approved
information collection requirement. Notwithstanding any other provisions of
law, no person shall be subject to any penalty for failing to comply with a
collection of information subject to the Paperwork Reduction Act (PRA) that
does not display a valid control number. Questions concerning the OMB
control numbers and expiration dates should be directed to the Associate
Managing Director—Performance Evaluation and Records Management
(“AMD–PERM”), Federal Communications Commission, Washington, DC 20554 or
e-mail to PRA@fcc.gov.

(b) Display.
OMB
control No. FCC form number or 47 CFR section or part,
docket number or title identifying the collection OMB expiration date
3060–0004 Guidelines for Evaluating the Environmental Effects of
Radiofrequency Radiation, ET Docket No. 93–62 03/31/08.
3060–0009 FCC 316 08/31/08.
3060–0010 FCC 323 01/31/09.
3060–0016 FCC 346 05/31/08.
3060–0017 FCC 347 06/30/06.
3060–0024 Sec. 76.29 10/31/07.
3060–0027 FCC 301 09/30/08.
3060–0029 FCC 302–TV Pending OMB Approval.
3060–0031 FCC 314, FCC 315 08/31/08.
3060–0034 FCC 340 03/31/06.
3060–0053 FCC 703 08/31/08.
3060–0055 FCC 327 11/30/06.
3060–0056 Part 68 04/30/08.
3060–0057 FCC 731 12/31/08.
3060–0059 FCC 740 12/31/06.
3060–0061 FCC 325 12/31/08.
3060–0065 FCC 442 06/30/08.
3060–0068 FCC 702 08/31/08.
3060–0075 FCC 345 09/30/08.
3060–0076 FCC 395 Pending OMB Approval.
3060–0084 FCC 323–E 06/30/08.
3060–0093 FCC 405 01/31/09.
3060–0095 FCC 395–A 03/31/08.
3060–0106 Sec. 43.61 07/31/07.
3060–0110 FCC 303–S 12/31/06.
3060–0113 FCC 396 12/31/06.
3060–0120 FCC 396–A 12/31/06.
3060–0126 Sec. 73.1820 12/31/08.
3060–0132 FCC 1068–A 03/31/07.
3060–0139 FCC 854 and 854–R 10/31/08.
3060–0147 Sec. 64.804 1/31/09.
3060–0149 Part 63, Section 214, Secs. 63.01–63.601 04/30/08.
3060–0157 Sec. 73.99 05/31/06.
3060–0161 Sec. 73.61 06/30/06.
3060–0166 Part 42 08/31/07.
3060–0168 Sec. 43.43 09/30/06.
3060–0169 Secs. 43.51 and 43.53 08/31/08.
3060–0170 Sec. 73.1030 03/31/08.
3060–0171 Sec. 73.1125 03/31/08.
3060–0173 Sec. 73.1207 11/30/07.
3060–0174 Sec. 73.1212, 76.1615, and 76.1715 Pending OMB Approval.
3060–0175 Sec. 73.1250 07/31/08.
3060–0176 Sec. 73.1510 04/30/06.
3060–0178 Sec. 73.1560 01/31/09.
3060–0179 Sec. 73.1590 11/30/07.
3060–0180 Sec. 73.1610 01/31/08.
3060–0181 Sec. 73.1615 01/31/09.
3060–0182 Sec. 73.1620 07/31/07.
3060–0184 Sec. 73.1740 01/31/08.
3060–0185 Sec. 73.3613 04/30/08.
3060–0187 Sec. 73.3594 03/31/07.
3060–0188 FCC 380 01/31/08.
3060–0190 Sec. 73.3544 03/31/07.
3060–0192 Sec. 87.103 07/31/07.
3060–0202 Sec. 87.37 10/31/06.
3060–0204 Sec. 90.20(a)(2)(v) 01/31/09.
3060–0206 Part 21 11/30/07.
3060–0207 Part 11 Pending OMB approval.
3060–0208 Sec. 73.1870 08/31/06.
3060–0211 Sec. 73.1943 12/31/07.
3060–0212 Sec. 73.2080 12/31/06.
3060–0213 Sec. 73.3525 02/28/07.
3060–0214 Sec. 73.3526 Pending OMB Approval.
3060–0215 Sec. 73.3527 07/31/08.
3060–0216 Sec. 73.3538 01/31/08.
3060–0219 Sec. 90.20(a)(2)(xi) 11/30/08.
3060–0221 Sec. 90.155 01/31/08.
3060–0222 Sec. 97.213 10/31/06.
3060–0223 Sec. 90.129 01/31/09.
3060–0228 Sec. 80.59 07/31/07.
3060–0233 Part 36 09/30/06.
3060–0236 Sec. 74.703 08/31/08.
3060–0248 Sec. 74.751 05/31/08.
3060–0249 Sec. 74.781 10/31/06.
3060–0250 Sec. 74.784 05/31/06.
3060–0259 Sec. 90.263 10/31/06.
3060–0261 Sec. 90.215 04/30/07.
3060–0262 Sec. 90.179 04/30/08.
3060–0264 Sec. 80.413 10/31/06.
3060–0265 Sec. 80.868 07/31/07.
3060–0270 Sec. 90.443 01/31/07.
3060–0281 Sec. 90.651 06/30/07.
3060–0286 Sec. 80.302 04/30/07.
3060–0287 Sec. 78.69 04/30/08.
3060–0288 Sec. 78.33 04/30/06.
3060–0289 Secs. 76.601, 76.1704, 76.1705, and 76.1717 07/31/08.
3060–0290 Sec. 90.517 05/31/08.
3060–0291 Sec. 90.477(a), (b)(2), (d)(2) and (d)(3) 07/31/08.
3060–0292 Part 69 01/31/07.
3060–0295 Secs. 90.607(b)(1) and (c)(1) 03/31/07.
3060–0297 Sec. 80.503 10/31/06.
3060–0298 Part 61 05/31/08.
3060–0307 Amendment of Part 90 of the Commission's Rules to Facilitate
Future Development of SMR Systems in the 800 MHz Frequency Band 10/31/06.
3060–0308 Sec. 90.505 04/30/07.
3060–0309 Sec. 74.1281 09/30/08.
3060–0310 FCC 322 12/31/06.
3060–0311 Sec. 76.54 05/31/08.
3060–0313 Sec. 76.1701 12/31/07.
3060–0315 Sec. 76.1615 and 76.1715 03/31/06.
3060–0316 Sec. 76.1700, 76.1703, 76.1704, 76.1707, and 76.1711 03/31/08.
3060–0320 Sec. 73.1350 06/30/07.
3060–0325 Sec. 80.605 09/30/08.
3060–0329 Sec. 2.955 01/31/09.
3060–0331 FCC 321 12/31/06.
3060–0332 Secs. 76.614 and 76.1706 02/29/08.
3060–0340 Sec. 73.51 03/31/07.
3060–0341 Sec. 73.1680 12/31/06.
3060–0342 Sec. 74.1284 12/31/06.
3060–0346 Sec. 78.27 03/31/07.
3060–0347 Sec. 97.311 01/31/09.
3060–0349 Equal Employment Opportunity Requirements 12/31/06.
3060–0355 FCC 492 and FCC 492A 07/31/07.
3060–0357 Request for Designation as a Recognized Private Operating Agency
(RPOA). 09/30/08.
3060–0360 Sec. 80.409 11/30/07.
3060–0370 Part 32 04/30/08.
3060–0374 Sec. 73.1690 01/31/08.
3060–0384 Secs. 64.904 and 64.905 03/31/08.
3060–0386 Sec. 73.1635 06/30/08.
3060–0387 Sec. 15.201(d) 03/31/06.
3060–0390 FCC 395–B 03/31/08.
3060–0391 Program to Monitor the Impact of Universal Service Support
Mechanisms, CC Docket Nos. 98–202 and 96–45. 05/31/08.
3060–0392 47 CFR Part 1, Subpart J, Pole Attachment Complaint Procedures
01/31/07.
Complaint Procedures 3060–0394 Sec. 1.420 09/30/08.
3060–0395 FCC Reports 43–02, FCC 43–05 and FCC 43–07 04/30/08.
3060–0397 Sec. 15.7(a) 12/31/06.
3060–0398 Secs. 2.948 and 15.117(g)(2) 04/30/06.
3060–0400 Tariff Review Plan 05/31/06.
3060–0404 FCC 350 05/31/08.
3060–0405 FCC 349 03/31/06.
3060–0407 Sec. 73.3598 12/31/08.
3060–0410 FCC 495A and FCC 495B 04/30/08.
3060–0411 FCC 485 06/30/07.
3060–0414 Terrain Shielding Policy 02/28/07.
3060–0419 Secs. 76.94, 76.95, 76.105, 76.106, 76.107, and 76.1609 08/31/08.
3060–0422 Sec. 68.5 11/30/07.
3060–0423 Sec. 73.3588 11/30/08.
3060–0427 Sec. 73.3523 02/28/07.
3060–0430 Sec. 1.1206 04/30/08.
3060–0433 FCC 320 06/30/08.
3060–0434 Sec. 90.20(e)(6) 05/31/08.
3060–0435 Sec. 80.361 01/31/09.
3060–0436 Equipment Authorization, Cordless Telephone Security Coding
03/31/06.
3060–0439 Sec. 64.201 12/31/07.
3060–0441 Sec. 90.621(b)(4) 10/31/06.
3060–0454 Regulation of International Accounting Rates 10/31/08.
3060–0463 Telecommunications Relay Services and the Americans with
Disabilities Act of 1990, 47 CFR Part 64 06/30/06.
3060–0465 Sec. 74.985 01/31/07.
3060–0466 Sec. 74.1283 05/31/06.
3060–0470 Secs. 64.901 and 64.903, Allocation of Cost, Cost Allocation
Manual and RAO Letters 19 and 26 03/31/08.
3060–0473 Sec. 74.1251 12/31/08.
3060–0474 Sec. 74.1263 05/31/06.
3060–0483 Sec. 73.687 12/31/06.
3060–0484 Part 4 of the Commission's Rules Concerning Disruptions to
Communications 12/31/07.
3060–0489 Sec. 73.37 03/31/07.
3060–0490 Sec. 74.902 04/30/07.
3060–0491 Sec. 74.991 04/30/07.
3060–0492 Sec. 74.992 04/30/07.
3060–0493 Sec. 74.986 04/30/07.
3060–0494 Sec. 74.990 04/30/07.
3060–0496 FCC Report 43–08 03/31/07.
3060–0500 Sec. 76.1713 12/31/07.
3060–0501 Secs. 73.1942, 76.206 and 76.1611 01/31/09.
3060–0506 FCC 302–FM 06/30/06.
3060–0508 Rewrite of Part 22 12/31/07.
3060–0511 FCC Report 43–04 04/30/08.
3060–0512 FCC Report 43–01 Pending OMB Approval.
3060–0513 FCC Report 43–03 Pending OMB Approval.
3060–0514 Sec. 43.21(b) 05/31/06.
3060–0515 Sec. 43.21(c) 09/30/08.
3060–0519 Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991, CG Docket No. 02–278 12/31/07.
3060–0526 Density Pricing Zone Plans, Expanded Interconnection with Local
Telephone Company Facilities, CC Docket No. 91–141 10/31/08.
3060–0531 Local Multipoint Distribution Service (LMDS) 01/31/07.
3060–0532 Secs. 2.1033(b)(10) and 15.121 12/31/08.
3060–0537 Sec. 13.217 05/31/08.
3060–0546 Definition of Markets for Purposes of the Cable Television
Mandatory Television Broadcast Signal Carriage Rules 04/30/06.
3060–0548 Secs. 76.1708, 76.1709, 76.1620, 76.56, and 76.1614 08/31/08.
3060–0550 FCC 328 12/31/08.
3060–0551 Secs. 76.1002 and 76.1004 03/31/07.
3060–0560 Sec. 76.911 10/31/07.
3060–0561 Sec. 76.913 01/31/07.
3060–0562 Sec. 76.916 07/31/07.
3060–0564 Sec. 76.924 04/30/06.
3060–0565 Sec. 76.944 01/31/07.
3060–0567 Sec. 76.962 03/31/08.
3060–0568 Commercial Leased Access Rates, Terms, & Conditions 10/31/06.
3060–0569 Sec. 76.975 10/31/06.
3060–0570 Sec. 76.982 07/31/07.
3060–0572 Filing Manual for Annual International Circuit Status Reports
07/31/07.
3060–0573 FCC 394 06/30/06.
3060–0580 Secs. 76.504 and 76.1710 12/31/06.
3060–0581 Sec. 76.503 11/30/06.
3060–0584 FCC 44 and FCC 45 Pending OMB Approval.
3060–0589 FCC 159, FCC 159–B, FCC 159–C, and FCC 159–E 06/30/08.
3060–0594 FCC 1220 11/30/07.
3060–0595 FCC 1210 03/31/06.
3060–0599 Implementation of Sections 3(n) and 332 of the Communications Act
01/31/07.
3060–0600 FCC 175 05/31/08.
3060–0601 FCC 1200 11/30/07.
3060–0607 Sec. 76.922 01/31/07.
3060–0609 Sec. 76.934(e) 01/31/08.
3060–0611 Sec. 74.783 12/31/06.
3060–0621 Rules and Requirements for C & F Block Broadband PCS Licenses
07/31/07.
3060–0625 Amendment of the Commission's Rules to Establish New Personal
Communications Services under Part 24 03/31/07.
3060–0626 Secs. 90.168, 90.425 and 90.483 12/31/07.
3060–0627 FCC 302–AM 06/30/06.
3060–0633 Secs. 73.1230, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832,
74.965 and 74.1265 11/30/07.
3060–0634 Sec. 73.691 04/30/07.
3060–0636 Equipment Authorization—Declaration of Compliance—Parts 2 and 15
Pending OMB Approval.
3060–0638 Sec. 76.934(g) 05/31/08.
3060–0644 FCC 1230 Pending OMB Approval.
3060–0645 Sec. 17.4 Pending OMB Approval.
3060–0647 Annual Survey of Cable Industry Prices Pending OMB Approval.
3060–0649 Secs. 76.1601, 76.1617, 76.1697 and 76.1708 02/29/08.
3060–0652 Secs. 76.309, 76.1602, 76.1603, and 76.1619 04/30/08.
3060–0653 Secs. 64.703(b) and (c) 05/31/08.
3060–0655 Request for Waivers of Regulatory and Application Fees Predicated
on Allegations of Financial Hardship 05/31/07.
3060–0658 Sec. 27.1213 03/31/08.
3060–0665 Sec. 64.707 12/31/07.
3060–0667 Secs. 76.630, 76.1621, and 76.1622 04/30/08.
3060–0668 Sec. 76.936 03/31/08.
3060–0669 Sec. 76.946 05/31/08.
3060–0673 Sec. 76.956 03/31/08.
3060–0674 Sec. 76.1618 10/31/08.
3060–0678 FCC 312 Schedule S Pending OMB Approval.
3060–0681 Toll-Free Service Access Codes, Part 52, Subpart D, Secs.
52.101–52.111 12/31/06.
3060–0684 Amendment to the Commission's Rules Regarding a Plan for Sharing
the Costs of Microwave Relocation, WT Docket No. 95–157 04/30/07.
3060–0685 FCC 1240 01/31/08.
3060–0686 Streamlining the International Section 214 Authorization Process
and Tariff Requirements Pending OMB Approval.
3060–0687 Access to Telecommunications Equipment and Services by Persons
with Disabilities, CC Docket No. 87–124 Pending OMB Approval.
3060–0688 FCC 1235 01/31/08.
3060–0690 Rules Regarding the 37.0–38.6 GHz and 38.6–40.0 GHz Bands
02/28/06.
3060–0691 Amendment of Parts 2 and 90 of the Commission's Rules to Provide
for the Use of 200 Channels Outside the Designated Filing Areas in the
896–901 MHz Bands Allotted to Specialized Mobile Radio Service 04/30/07.
3060–0692 Home Wiring Provisions 03/31/07.
3060–0695 Sec. 87.219 01/31/09.
3060–0697 Facilitating the Future Development of Paging Systems via Parts 22
and 90 04/30/07.
3060–0698 Amendment of the Commission's Rules to Establish a Radio Astronomy
Coordination Zone in Puerto Rico, ET Docket No. 96–2 11/30/07.
3060–0700 FCC 1275 08/31/07.
3060–0702 Amendment of Parts 20 and 24 of the Commission's Rules, Broadband
PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap
03/31/07.
3060–0703 FCC 1205 04/30/06.
3060–0704 Policy and Rules Concerning the Interstate, Interexchange
Marketplace; Implementation of Section 254(g) of the Communications Act of
1934, as amended, CC Docket No. 96–61 01/31/09.
3060–0706 Cable Act Reform 10/31/08.
3060–0707 Over-the-Air Reception Devices (OTARD) 08/31/08.
3060–0710 Policy and Rules Concerning the Implementation of the Local
Competition Provisions in the Telecommunications Act of 1996—CC Docket No.
96–98 10/31/06.
3060–0711 Implementation of Section 34(a)(1) of the Public Utility Holding
Company Act of 1935, as amended by the Telecommunications Act of 1996, Secs.
1.5001 through 1.5007 12/31/06.
3060–0713 Alternative Broadcast Inspection Program (ABIP) Compliance
Notification 07/31/08.
3060–0715 Telecommunications Carriers' Use of Customer Proprietary Network
Information (CPNI) and Other Customer Information—CC Docket No. 96–115
05/31/08.
3060–0716 Blanketing Interference 11/30/06.
3060–0717 Billed Party Preference for InterLATA 0+ Calls, Secs. 64.703(a),
64.709, and 64.710 06/30/08.
3060–0718 Part 101 Governing the Terrestrial Microwave Radio Service
03/31/06.
3060–0719 Quarterly Report of IntraLATA Carriers Listing Pay Phone Automatic
Number Identifications (ANIs) 12/31/06.
3060–0723 Public Disclosure of Network Information by Bell Operating
Companies 12/31/06.
3060–0725 Quarterly Filing of Nondiscrimination Reports (on Quality of
Service, Installation, and Maintenance) by Bell Operating Companies (BOC's)
09/30/06.
3060–0726 Quarterly Report of Interexchange Carriers Listing the Number of
Dial-Around Calls for Which Compensation is Being Paid to Pay Phone Owners
09/30/06.
3060–0727 Sec. 73.213 02/28/07.
3060–0734 Accounting Safeguards, 47 U.S.C. Sections 260, 271–276, and 47 CFR
Secs. 53.211 and 53.213 06/30/08.
3060–0737 Disclosure Requirements for Information Services Provided Under a
Presubscription or Comparable Arrangement 05/31/06.
3060–0740 Sec. 95.1015 01/31/09.
3060–0741 Implementation of the Local Competition Provisions on the
Telecommunications Act of 1996—CC Docket No. 96–98 06/30/07.
3060–0742 Telephone Number Portability, Part 52, Subpart C, Secs.
52.21–52.33 and CC Docket No. 95–116 11/30/08.
3060–0743 Implementation of the Pay Telephone Reclassification and
Compensation Provisions of the Telecommunications Act of 1996—CC Docket No.
96–128 01/31/07.
3060–0745 Implementation of the Local Exchange Carrier Tariff Streamlining
Provisions of the Telecommunications Act of 1996, CC Docket No. 96–187
12/31/06.
3060–0748 Sec. 64.1504 11/30/06.
3060–0749 Sec. 64.1509 11/30/06.
3060–0750 Secs. 73.671 and 73.673 07/31/08.
3060–0751 Reports Concerning International Private Lines Interconnected to
the U.S. Public Switched Network 01/31/09.
3060–0752 Sec. 64.1510 11/30/06.
3060–0754 FCC 398 11/30/07.
3060–0755 Infrastructure Sharing, Secs. 59.1–59.4 05/31/06.
3060–0757 FCC Auctions Customer Survey 01/31/07.
3060–0758 Amendment of Part 5 of the Commission's Rules to Revise the
Experimental Radio Service Regulations, ET Docket No. 96–256 12/31/06.
3060–0760 Access Charge Reform, CC Docket No. 96–262 Pending OMB Approval.
3060–0761 Sec. 79.1 12/31/08.
3060–0763 FCC Report 43–06 04/30/06.
3060–0767 Auction Forms and License Transfer Disclosures—Supplement for the
2nd Order on Reconsideration of the 5th R&O in WT Docket No. 97–82 05/31/08.
3060–0768 28 GHz Band Segmentation Plan Amending the Commission's Rules to
Redesignate the 27.5–29.5 GHz Frequency Band, to Reallocate the 29.5–30.0
GHz Frequency Band, and to Establish Rules and Policies for Local Multipoint
Distribution Services and for the Fixed Satellite Service 01/31/09.
3060–0770 Price Cap Performance Review for Local Exchange Carriers—CC Docket
No. 94–1 (New Services) 11/30/08.
3060–0771 Sec. 5.61 06/30/07.
3060–0773 Sec. 2.803 12/31/06.
3060–0774 Federal-State Joint Board on Universal Service—CC Docket No.
96–45, and 47 CFR Part 54 12/31/07.
3060–0775 Separate Affiliate Requirements for Independent Local Exchange
Carrier (LEC) Provisions of International, Interexchange Services (Secs.
64.1901–64.1903) 12/31/06.
3060–0779 Amendment of Part 90 of the Commission's Rules to Provide for Use
of the 220 MHz Band by the Private Land Mobile Radio Service, PR Docket No.
89–552 07/31/07.
3060–0780 Uniform Rate-Setting Methodology 02/28/07.
3060–0782 Petition for Limited Modification of LATA Boundaries to Provide
Expanded Local Calling Service (ELCS) at Various Locations 01/31/07.
3060–0783 Sec. 90.176 01/31/09.
3060–0786 Petitions for LATA Association Changes by Independent Telephone
Companies 01/31/07.
3060–0787 Implementation of Subscriber Carrier Selection Changes Provisions
of the Telecommunications Act of 1996; Policies and Rules Concerning
Unauthorized Changes of Consumers Long Distance 11/30/07.
3060–0788 DTV Showings/Interference Agreements 03/31/08.
3060–0790 Sec. 68.110(c) 11/30/06.
3060–0791 Accounting for Judgments and Other Costs Associated with
Litigation, CC Docket No. 93–240 11/30/06.
3060–0793 Federal-State Joint Board on Universal Service, Procedures for
Self-Certifying as a Rural Carrier, CC Docket No. 96–45 09/30/08.
3060–0795 FCC 606 07/31/08.
3060–0798 FCC 601 06/30/08.
3060–0799 FCC 602 03/31/08.
3060–0800 FCC 603 07/31/08.
3060–0804 FCC 465, FCC 466, FCC 466–A, and FCC 467 06/30/08.
3060–0805 Secs. 90.523, 90.527, and 90.545 06/30/08.
3060–0806 FCC 470 and FCC 471 11/30/07.
3060–0807 Sec. 51.803 and Supplemental Procedures for Petitions to Section
252(e)(5) of the Communications Act of 1934, as amended 06/30/07.
3060–0809 Communications Assistance for Law Enforcement Act (CALEA)
08/31/06.
3060–0810 Procedures for Designation of Eligible Telecommunications Carriers
Pursuant to Section 214(e)(6) of the Communications Act of 1934, as amended
05/31/06.
3060–0812 Exemption from Payment of Regulatory Fees When Claiming Non-Profit
Status 01/31/09.
3060–0813 Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Calling Systems Pending OMB Approval.
3060–0814 Sec. 54.301 03/31/08.
3060–0816 Local Competition and Broadband Reporting, WC Docket No. 04–141,
FCC 04–266 and FCC 477 05/31/08.
3060–0817 Computer III Further Remand Proceedings: BOC Provision of Enhanced
Services (ONA Requirements), CC Docket No. 95–20 09/30/06.
3060–0819 Lifeline Assistance (Lifeline) Connection Assistance (Link-Up)
Reporting Worksheet and Instructions, 47 CFR 54.400–54.417, FCC 497
05/31/08.
3060–0823 Pay Telephone Reclassification, Memorandum Opinion and Order, CC
Docket No. 96–128 05/31/08.
3060–0824 FCC 498 07/31/06.
3060–0833 Implementation of Section 255 of the Telecommunications Act of
1996: Complaint Filings/Designation of Agents 03/31/08.
3060–0835 Ship Inspections, FCC 806, FCC 824, FCC 827 and FCC 829 Pending
OMB Approval.
3060–0837 FCC 302–DTV 01/31/08.
3060–0841 Public Notice, Additional Processing Guidelines for DTV 04/30/08.
3060–0844 Carriage of the Transmissions of Digital Television Broadcast
Stations 01/31/08.
3060–0848 Deployment of Wireline Services Offering Advanced
Telecommunications Capability—CC Docket No. 98–147 Pending OMB Approval.
3060–0849 Commercial Availability of Navigation Devices 09/30/08.
3060–0850 FCC 605 06/30/08.
3060–0853 FCC 479, FCC 486, and FCC 486–T 01/31/07.
3060–0854 Truth-in-Billing Format, CC Docket No. 98–170 09/30/08.
3060–0855 FCC 499–A, and FCC 499–Q 03/31/07.
3060–0856 FCC 472, FCC 473, and FCC 474 01/31/07.
3060–0859 Suggested Guidelines for Petitions for Ruling under Section 253 of
the Communications Act 06/30/06.
3060–0862 Handling Confidential Information 06/30/08.
3060–0863 Satellite Delivery of Network Signals to Unserved Households for
Purposes of the Satellite Home Viewer Act (SHVA) Pending OMB Approval.
3060–0865 Wireless Telecommunications Bureau Universal Licensing System
Recordkeeping and Third-Party Disclosure Requirements 03/31/07.
3060–0874 FCC 475, FCC 475B 11/30/08.
3060–0876 USAC Board of Directors Nomination Process, Sec. 54.703 and Review
of Administrator's Decision, Secs. 54.719–54.725 06/30/06.
3060–0881 Sec. 95.861 09/30/08.
3060–0882 Sec. 95.833 01/31/09.
3060–0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513
05/31/08.
3060–0893 Universal Licensing Service (ULS) Pre-Auction Database Corrections
02/28/07.
3060–0894 Certification Letter Accounting for Receipt of Federal Support, CC
Docket Nos. 96–45 and 96–262 06/30/07.
3060–0895 FCC 502 03/31/07.
3060–0896 Broadcast Auction Form Exhibits 12/31/08.
3060–0897 MDS and ITFS Two-Way Transmissions 07/31/07.
3060–0900 Compatibility of Wireless Services with Enhanced 911–CC Docket No.
94–102 03/31/06.
3060–0901 Reports of Common Carriers and Affiliates Pending OMB Approval.
3060–0905 Regulations for RF Lighting Devices, Secs. 18.213 and 18.307, ET
Docket No. 98–42 11/30/08.
3060–0906 FCC 317 07/31/06.
3060–0910 Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems, Third Report and Order in CC Docket
No. 94–102 05/31/06.
3060–0912 Cable Attribution Rules 10/31/06.
3060–0914 Petition, Pursuant to Section 7 of the Act, for a Waiver of the
Airborne Cellular Rule, or, in the Alternative, for a Declaratory Ruling
05/31/07.
3060–0917 FCC 160 10/31/06.
3060–0918 FCC 161 10/31/06.
3060–0919 FCC 162 10/31/06.
3060–0920 FCC 318 08/31/08.
3060–0921 Petitions for LATA Boundary Modification for the Deployment of
Advanced Services 10/31/06.
3060–0922 FCC 397 11/30/06.
3060–0926 Transfer of the 4.9 GHz Band from Federal Government Use to the
Private Sector—NPRM 07/31/07.
3060–0927 Auditor's Annual Independence and Objectivity Certification
05/31/06.
3060–0928 FCC 302–CA 02/28/07.
3060–0930 Implementation of the Satellite Home Viewer Improvement Act
(SHVIA) of 1999; Enforcement Procedures for Retransmission Consent
Violations Conforming to Section 325(e) of the Communications Act of 1934,
as amended 06/30/06.
3060–0931 Maritime Mobile Service Identity (MMSI) 06/30/06.
3060–0932 FCC 301–CA 05/31/08.
3060–0933 FCC 460 11/30/06.
3060–0936 Secs. 95.1215 and 95.1217 09/30/06.
3060–0937 Establishment of a Class A Television Service, MM Docket No. 00–10
08/31/07.
3060–0938 FCC 319 10/31/06.
3060–0939 E911, Second Memorandum Opinion and Order 08/31/07.
3060–0942 Access Charge Reform, Price Cap Performance Review for Local
Exchange Carriers, Low-Volume Long Distance Users, Federal-State Joint Board
on Universal Service 03/31/07.
3060–0943 Sec. 54.809 12/31/06.
3060–0944 Review of Commission Consideration of Applications Under the Cable
Landing License Act Pending OMB Approval.
3060–0945 Sec. 79.2 01/31/07.
3060–0947 Sec. 101.1327 02/28/07.
3060–0948 Noncommercial Educational Applicants 06/30/07.
3060–0949 FCC 159–W 10/31/06.
3060–0950 Extending Wireless Telecommunications Services to Tribal Lands, WT
Docket No. 99–266 06/30/07.
3060–0951 Service of Petitions for Preemption, 47 CFR Sec. 1.1204(b) Note,
and Sec. 1.1206(a) Note 1 01/31/07.
3060–0952 Proposed Demographic Information and Notifications, CC Docket Nos.
98–147 and 96–98 01/31/07.
3060–0953 Wireless Medical Telemetry Service, ET Docket No. 99–255 04/30/07.
3060–0955 2 GHz Mobile Satellite Service Reports 02/28/07.
3060–0957 Wireless Enhanced 911 Service 11/30/07.
3060–0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08.
3060–0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of
Satellite Earth Stations in the Ka-Band, and the Allocation of Additional
Spectrum for Broadcast Satellite Service Use 11/30/08.
3060–0963 Secs. 101.527 and 101.529 08/31/07.
3060–0966 Secs. 80.385, 80.475, and 97.303 01/31/09.
3060–0967 Sec. 79.2 11/30/07.
3060–0968 FCC 501 11/30/07.
3060–0970 Sec. 90.621 06/30/07.
3060–0971 Numbering Resource Optimization, CC Docket Nos. 96–98 and 99–200
11/30/07.
3060–0972 FCC 507, FCC 508 and FCC 509 11/30/07.
3060–0973 Sec. 64.1120(e) 12/31/07.
3060–0975 Promotion of Competitive Networks in Local Telecommunications
Markets Multiple Environments (47 CFR Parts 1, 64 and 68) 11/30/07.
3060–0978 Sec. 20.18 and Fourth Report and Order Pending OMB Approval.
3060–0979 Spectrum Audit Letter 06/30/06.
3060–0980 Implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 2004 (SHVERA), Broadcast Signal Carriage Issues,
Retransmission Consent Issues 06/30/08.
3060–0981 1998 Biennial Review: Streamlining of Cable Television Services,
Part 76, Public File and Notice Requirements 11/30/07.
3060–0982 Implementation of Low Power Television (LPTV) Digital Data
Services Pilot Project 01/31/08.
3060–0984 Secs. 90.35(b)(2) and 90.175(b)(1) 07/31/07.
3060–0986 FCC 525 06/30/08.
3060–0987 911 Callback Capability: Non-initialized Phones 10/31/08.
3060–0989 Procedures for Applicants Requiring Section 214 Authorization for
Domestic Interstate Transmission Lines Acquired Through Corporate Control,
Secs. 63.01, 63.03 and 63.04 11/30/08.
3060–0991 AM Measurement Data 05/31/08.
3060–0992 Secs. 54.507(d)(1)–(4) and CC Docket No. 96–45 01/31/08.
3060–0994 Flexibility for Delivery of Communications by Mobile Satellite
Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band
01/31/07.
3060–0995 Sec. 1.2105(c) 05/31/08.
3060–0996 AM Auction Section 307(b) Submissions 05/31/08.
3060–0997 Sec. 52.15(k) 05/31/08.
3060–0998 Sec. 87.109 03/31/08.
3060–0999 Exemption of Public Mobile Service Phones from the Hearing Aid
Compatibility Act 06/30/07.
3060–1000 Sec. 87.147 01/31/08.
3060–1001 FCC 337 05/31/08.
3060–1003 Telecommunications Carrier Emergency Contact Information 04/30/08.
3060–1004 Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems 05/31/06.
3060–1005 Numbering Resource Optimization—Phase 3 06/30/08.
3060–1007 Streamlining and Other Revisions of Part 25 of the Commission's
Rules 11/30/07.
3060–1008 Reallocation and Service Rules for the 698–746 MHz Band
(Television Channels 52–59) 11/30/08.
3060–1009 FCC 499–M 01/31/09.
3060–1012 Schools and Libraries Universal Service Support Mechanism, CC
Docket No. 02–6, NPRM, Proposed ADA Certification 06/30/08.
3060–1013 Mitigation of Orbital Debris 04/30/08.
3060–1014 Ku-Band NGSO FSS Pending OMB Approval.
3060–1015 Ultra Wideband Transmission Systems Operating Under Part 15
Pending OMB Approval.
3060–1021 Sec. 25.139 11/30/08.
3060–1022 Sec. 101.1403 01/31/09.
3060–1023 Sec. 101.103 01/31/09.
3060–1024 Sec. 101.1413 01/31/09.
3060–1025 Sec. 101.1440 01/31/09.
3060–1026 Sec. 101.1417 01/31/09.
3060–1027 Sec. 27.602 03/31/06.
3060–1028 International Signaling Point Code (ISPC) 10/31/08.
3060–1029 Data Network Identification Code (DNIC) 10/31/08.
3060–1030 Service Rules for Advanced Wireless Services (AWS) in the 1.7 GHz
and 2.1 GHz Bands 01/31/09.
3060–1031 Revision of the Commission's Rules to Ensure Compatibility with
Enhanced 911 Emergency Calling Systems—Petition of City of Richardson, TX;
Order on Reconsideration II 08/31/06.
3060–1032 Commercial Availability of Navigation Devices and Compatibility
Between Cable Systems and Consumer Electronics Equipment, CS Docket No.
97–80 and PP Docket No. 00–67 03/31/07.
3060–1033 FCC 396–C 07/31/07.
3060–1034 Digital Audio Broadcasting Systems and Their Impact on the
Terrestrial Radio Broadcast Service 03/31/07.
3060–1035 FCC 309, FCC 310 and FCC 311 01/31/09.
3060–1036 Potential Reporting Requirements on Local Exchange Carriers to
Assist Expeditious Implementation of Wireless E911 Service 05/31/06.
3060–1038 Digital Television Transition Information Questionnaires 02/28/07.
3060–1039 FCC 620 and FCC 621 01/31/08.
3060–1040 Broadcast Ownership Rules, Report and Order in MB Docket No.
02–777 and MM Docket Nos. 02–235, 02–237, and 00–244 04/30/07.
3060–1041 Remedial Measures for Failure to Construct Digital Television
Stations (DTV Policy Statement) 09/30/06.
3060–1042 Request for Technical Support—Help Request Form 02/29/08.
3060–1043 Telecommunications Relay Services and Speech-to-Speech Services
for Individuals with Hearing and Speech Disabilities, CC Docket No. 98–67
03/31/08.
3060–1044 Review of the Section 251 Unbundling Obligations of Incumbent
Local Exchange Carriers, CC Docket Nos. 01–338, 96–98 and 98–147 03/31/07.
3060–1045 FCC 324 12/31/06.
3060–1046 Pay Telephone Reclassification and Compensation Provisions of the
Telecommunications Act of 1996, CC Docket No. 96–128 05/31/08.
3060–1047 Telecommunications Relay Services and Speech-to-Speech Services
for Individuals with Hearing and Speech Disabilities, Second Report and
Order, Order on Reconsideration, CC Docket No. 98–67 Pending OMB Approval.
3060–1048 Sec. 1.929(c)(1) 01/31/07.
3060–1049 Digital Broadcast Content Protection, MB Docket No. 02–230
07/31/07.
3060–1050 New Allocation for Amateur Radio Service, ET Docket No. 02–98
11/30/07.
3060–1051 Certification Letter Accounting For Receipt of Federal Support, CC
Docket Nos. 96–45 and 96–262, NPRM 01/31/07.
3060–1053 Telecommunications Relay Services, and Speech-to-Speech Services
for Individuals with Hearing and Speech Disabilities, Declaratory Ruling, CC
Docket No. 98–67 Pending OMB Approval.
3060–1054 FCC 422–IB 02/28/07.
3060–1055 FCC 423–IB 02/28/07.
3060–1056 FCC 421–IB 02/28/07.
3060–1057 FCC 420–IB 02/28/07.
3060–1058 FCC 603–T 08/31/07.
3060–1059 Global Mobile Personal Communications by Satellite (GMPCS)/E911
Call Centers 02/29/08.
3060–1060 Wireless E911 Coordination Initiative Letter 07/31/07.
3060–1061 Earth Stations on Board Vessels (ESVs) 05/31/08.
3060–1062 Schools and Libraries Universal Service Support
Mechanism—Notification of Equipment Transfers 07/31/07.
3060–1063 Global Mobile Personal Communications by Satellite (GMPCS)
Authorization, Marketing and Importation Rules 07/31/07.
3060–1064 Regulatory Fee Assessment True-Ups, NPRM, MD Docket No. 05–59, FCC
05–35 05/31/08.
3060–1065 Sec. 25.701 08/31/07.
3060–1066 FCC 312–R 09/30/07.
3060–1067 FCC 312–EZ 09/30/07.
3060–1068 Enhanced 911 Emergency Calling Systems, Scope of Service for CMRS
11/30/07.
3060–1069 Rules and Policies Concerning Attribution of Joint Sales
Agreements in Local Television Markets, NPRM, MB Docket No. 94–246 11/30/07.
3060–1070 Allocations and Service Rules for the 71–76 GHz, 81–86 GHz, and
92–95 GHz Bands 12/31/08.
3060–1071 Rural Wireless Community VISION Program Essay Guidelines 12/31/07.
3060–1072 FCC 386 03/31/08.
3060–1073 FCC 385 03/31/08.
3060–1074 FCC 384 03/31/08.
3060–1075 FCC 383 03/31/08.
3060–1076 FCC 382 03/31/08.
3060–1078 Rules and Regulations Implementing Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 (CAN–SPAM Act), CG
Docket No. 04–53 12/31/07.
3060–1079 Radio Frequency Identification Equipment 03/31/08.
3060–1080 Improving Public Safety Communications in the 800 MHz Band
08/31/08.
3060–1081 Federal-State Joint Board on Universal Service, CC Docket No.
96–45 10/31/08.
3060–1082 Sec. 73.1201 04/30/08.
3060–1083 Request to Update Default Compensation Rate for Dial-Around Calls
from Pay Phones, WC Docket No. 03–225 06/30/08.
3060–1084 Rules and Regulations Implementing Minimum Customer Account Record
Obligations on All Local and Interexchange Carriers (CARE), CG Docket No.
02–386 08/31/08.
3060–1085 Collection of Location Information, Provision of Notice and
Reporting on Interconnected Voice Over Internet Protocol (VoIP) E911
Compliance 01/31/09.
3060–1086 Secs. 74.786, 74.787, 74.790, 74.794 and 74.796 09/30/08.
3060–1087 Broadband Over Power Lines (BPL), ET Docket No. 04–37 09/30/08.

[ 71 FR 10443 , Mar. 1, 2006]

§ 0.409 Commission policy on private printing of FCC forms.

top

The Commission has established a policy regarding the printing of blank FCC
forms by private companies if they elect to do so as a matter of expediency
and convenience to their clients or consumers. The policy is as follows:

(a) Blank FCC forms may be reproduced by private companies at their own
expense provided the following conditions are met:

(1) Use a printing process resulting in a product that is at least
comparable in quality to the original document, without change to the page
size, image size, configuration of pages, folds or perforations, and
matching as closely as possible the paper weight, paper color and ink color.

(2) Delete in its entirety any and all U.S. Government Printing Office (GPO)
indicia that may appear in the margin(s).

(3) If the printer wishes to identify a foreign country in which the forms
are printed, a marginal notation must be added stating “No U.S. Government
funds were used to print this document.”

(4) Do not add to the form any other symbol, word or phrase that might be
construed as personalizing the form or advertising on it.

(5) Except as specified above, do not delete from or add to any part of the
form, or attach anything thereto.

(6) Assure that the form being reproduced is an edition currently acceptable
by the Commission, which will endeavor to keep the public advised of
revisions to its forms, but cannot assume responsibility to the extent of
eliminating any element of risk against the use of obsolete forms.

(b) These guidelines do not apply to forms which respondents may wish to
reproduce as completed facsimiles on automated equipment to satisfy
application or report requirements. Requests for permission to submit such
forms to the Commission should be addressed to the Office of Managing
Director.

[ 53 FR 27861 , July 25, 1988]

Printed Publications

top

§ 0.411 General reference materials.

top

The following reference materials are available in many libraries and may be
purchased from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402:

(a) Statutory materials. Laws pertaining to communications are contained in
Title 47 of the United States Code. Laws enacted since the printing of the
last supplement to the Code are printed individually as slip laws, and these
are compiled chronologically in the United States Statutes at Large. The
Acts of Congress from 1910–62 pertaining to radio have been compiled in a
single volume, Radio Laws of the United States (1962 ed.). See §§0.405 and
0.414.

(b) Regulatory materials —(1) The Code of Federal Regulations. The rules and
regulations of the Commission are contained in chapter I of title 47 of the
Code of Federal Regulations. Chapter I is divided into the following four
subchapters, which may be purchased separately: Subchapter A—General;
Subchapter B—Common Carrier Services; Subchapter C—Broadcast Radio Services;
and Subchapter D—Private Radio Services. Most persons will find that they
need subchapter A, containing the general rules, and one of the other
volumes, depending upon their area of interest. These four volumes are
revised annually to reflect changes in the rules. See §§0.406, 0.412, and
0.415. The Code of Federal Regulations is fully indexed and contains
numerous finding aids. See 1 CFR appendix C.

(2) The Federal Register. As rules are adopted, amended, or repealed, the
changes are published in theFederal Register,which is published daily except
on legal holidays. Notices of proposed rule making, other rule making
documents, statements of general policy, interpretations of general
applicability, and other Commission documents having general applicability
and legal effect are also published in theFederal Register.Summaries of the
full Notices of proposed rule making and other rule making decisions adopted
by the Commission constitute rulemaking documents for purposes ofFederal
Registerpublication. TheFederal Registeris fully indexed and contains
numerous findings aids.

[ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979; 51 FR 7444 , Mar. 4, 1986]

§ 0.413 The Commission's printed publications.

top

The Commission's printed publications are described in §§0.414 through
0.420. These publications may be purchased from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402.

[ 64 FR 60722 , Nov. 8, 1999]

§ 0.414 The Communications Act and other statutory materials.

top

This publication, with packets of revised pages, contains the Communications
Act of 1934, with amendments through 1964; the Administrative Procedure Act,
with amendments through 1964; the Judicial Review Act; the Communications
Satellite Act of 1962; and selected sections of the Criminal Code pertaining
to communications. It also contains indexes to the Communications Act and
the Administrative Procedure Act. Persons who do not have ready access to
the United States Code, or who refer frequently to these materials, may find
this volume to be useful.

[ 32 FR 10571 , July 19, 1967]

§ 0.415 The rules and regulations (looseleaf service).

top

(a) In this service, the rules are divided into 10 volumes, each containing
several related parts. Each volume may be purchased separately from the
Superintendent of Documents. The purchase price for a volume includes a
subscription to replacement pages reflecting changes in the rules contained
therein until such time as the volume is revised. Each volume is revised
periodically, depending primarily on the frequency with which the rules it
contains have been amended. When a volume is revised, the revised volume and
replacement pages therefor will be furnished to those who renew their
subscriptions.

(b) [Reserved]

[ 41 FR 21449 , May 26, 1976, as amended at 45 FR 49935 , July 28, 1980; 51 FR 31304 , Sept. 2, 1986]

§ 0.416 The Federal Communications Commission Record.

top

Texts adopted by the Commission or a member of its staff on delegated
authority and released through the Office of Media Relations are published
in the FCC Record. The FCC Record is published biweekly in pamphlet form.
The pamphlets are available on a subscription basis from the Superintendent
of Documents. Each biweekly pamphlet contains a table of contents and
current index. A consolidated index is published on a periodic basis.

[ 64 FR 60722 , Nov. 8, 1999]

§ 0.417 The Annual Reports.

top

At the end of each fiscal year, the Commission publishes an Annual Report
containing general information concerning the Commission and the history of
regulation, a summary of developments during the year, and selected industry
statistics.

[ 32 FR 10571 , July 19, 1967]

§ 0.420 Other Commission publications.

top

The following additional Commission publications may be purchased from the
Superintendent of Documents:

(a) Statistics of Communications Common Carriers.

(b) Figure M–3, Estimated AM Ground Conductivity of the United States (set
of two maps).

[ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979]

Forms and Documents Available Upon Request

top

§ 0.421 Application forms.

top

All forms for use in submitting applications for radio authorization,
together with instructions and information as to filing such forms, may be
obtained at the Washington offices of the Commission or at any of the field
offices listed in §0.121. For information concerning the forms to be used
and filing requirements, see subparts D, E, F, and G, of part 1 of this
chapter and the appropriate substantive rules.

[ 40 FR 17254 , Apr. 18, 1975]

§ 0.422 Current action documents and public notices.

top

Documents adopted by the Commission, public notices and other public
announcements are released through the Office of Media Relations. These
documents are also available on the Commission's website at www.fcc.gov and
can be obtained from the Commission's duplicating contractor.

[ 64 FR 60722 , Nov. 8, 1999]

§ 0.423 Information bulletins.

top

Information bulletins and fact sheets containing information about
communications issues and the Federal Communications Commission are
available on the Commission's web site at www.fcc.gov, ftp.fcc.gov or may be
requested from the Consumer and Governmental Affairs Bureau.

[ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

Lists Containing Information Compiled by the Commission

top

§ 0.431 The FCC service frequency lists.

top

Lists of frequency assignments to radio stations authorized by the
Commission are recapitulated periodically by means of an automated record
system. All stations licensed by the Commission are included, except the
following: Aircraft, amateur, personal (except General Mobile Radio
Service), Civil Air Patrol, and disaster. The resulting documents, the FCC
service frequency lists, consist of several volumes arranged by nature of
service, in frequency order, including station locations, call signs and
other technical particulars of each assignment. These documents are
available for public inspection in Washington, D.C., in the Office of
Engineering and Technology. Copies may be purchased from the Commission's
duplicating contractor. See §0.465(a).

[ 64 FR 60722 , Nov. 8, 1999]

§ 0.434 Data bases and lists of authorized broadcast stations and pending
broadcast applications.

top

Periodically the FCC makes available copies of its data bases and lists
containing information about authorized broadcast stations, pending
applications for such stations, and rulemaking proceedings involving
amendments to the TV and FM Table of Allotments. The data bases, and the
lists prepared from the data bases, contain frequencies, station locations,
and other particulars. The lists are available for public inspection at the
FCC's Reference Information Center at 445 12th Street, SW., Washington, DC.
Paper copies of the lists may be purchased from the FCC's duplicating
contractor; see §0.465(a). Many of the databases may be viewed at the
Commission's web site at www.fcc.gov and ftp.fcc.gov under mass media
services. Microfiche copies of these lists are maintained by the Reference
Information Center. These lists are derived from the data bases and can be
used as an alternative research source to the Broadcast Application
Processing System (BAPS).

[ 64 FR 60722 , Nov. 8, 1999]

Public Information and Inspection of Records

top

§ 0.441 General.

top

Any person desiring to obtain information may do so by contacting the
Consumer and Governmental Affairs Bureau. Requests for information, general
inquiries, and complaints may be submitted by:

(a) Internet at www.fcc.gov/CIB/FCCINFO or ftp.fcc.gov/CIB/FCCINFO.

(b) Telephone at 1–(888) CALLFCC (1–888–225–5322).

(d) Correspondence at: Consumer and Governmental Affairs Bureau, P.O. Box
FCC, 445 12th Street, SW., Washington, DC 20554.

(e) Visiting the Reference Information Center of the Consumer and
Governmental Affairs Bureau at the Commission's main office in Washington,
DC.

[ 64 FR 60723 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002]

§ 0.442 Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.

top

(a) The disclosure of records to other Federal government agencies is
generally governed by 44 U.S.C. 3512 and 3510(b) rather than the Freedom of
Information Act. The acceptance of materials in confidence under §0.457 or
§0.459 does not provide assurance against their disclosure to other
agencies.

(b) Information submitted to the Commission in confidence pursuant to
§0.457(c) (2) and (3), (d) and (g) or §0.459 will be disclosed to other
agencies of the Federal government upon request: Provided (1) Specific
Commission assurances against such disclosure have not been given, (2) the
other agency has established a legitimate need for the information, (3)
disclosure is made subject to the provisions of 44 U.S.C. 3510(b), and (4)
disclosure is not prohibited by the Privacy Act or other provisions of law.

(c) The Commission's staff may give assurances against disclosure of
information to other Federal agencies only with the prior written approval
of the General Counsel. In no event will assurance against disclosure to
other agencies be given in advance of submission of the information to the
Commission if submission is required by statute or by the provisions of this
chapter; but the notice provisions of paragraph (d) of this section will
apply to such information.

(d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a
party who furnished records to the Commission in confidence will be notified
at the time that the request for disclosure is submitted and will be
afforded 10 days in which to oppose disclosure.

(2) If the agency requesting the records states to the satisfaction of the
Commission that notice to the party who furnished the records to the
Commission will interfere unduly with its law enforcement activities and
further states that it will notify that party of the Commission's disclosure
once the potential for such interference is eliminated, the Commission will
not give notice of disclosure.

(3) A party who furnished records to the Commission in confidence under
§0.457(d) or 0.459 will not be afforded prior notice when the disclosure is
made to the Comptroller General. Such a party will instead be notified of
disclosure of the records to the Comptroller General either individually or
by public notice.

(4) If disclosure is opposed and the Commission decides to make the records
available to the other agency, the party who furnished the records to the
Commission will be afforded ten (10) working days from the date of the
ruling in which to move for a judicial stay of the Commission's action. If
he does not move for stay within this period, the records will be disclosed.

(e) Except as provided in paragraph (d)(3) of this section, nothing in this
section is intended to govern disclosure of information to Congress or the
Comptroller General.

[ 44 FR 55573 , Sept. 27, 1979; 44 FR 57096 , Oct. 4, 1979, as amended at 64 FR 55162 , Oct. 12, 1999]

§ 0.445 Publication, availability and use of opinions, orders, policy
statements, interpretations, administrative manuals, and staff instructions.

top

(a) Adjudicatory opinions and orders of the Commission, or its staff acting
on delegated authority, are mailed to the parties, and as part of the
record, are available for inspection in accordance with §§0.453 and 0.455.

(b) Texts adopted by the Commission or a member of its staff on delegated
authority and released through the Office of Media Relations are published
in the FCC Record. Older materials of this nature are available in the FCC
Reports. In the event that such older materials are not published in the FCC
Reports, reference should be made to theFederal Registeror Pike and Fischer
Radio Regulation.

(c) All rulemaking documents are published in theFederal Register.Summaries
of the full Notices of proposed rule making and other rule making decisions
adopted by the Commission constitute rulemaking documents for purposes
ofFederal Registerpublication. See §1.412(a)(1). The complete text of the
Commission decision also is released by the Commission and is available for
inspection and copying during normal business hours in the Office of Media
Relations or as otherwise specified in the rulemaking document published in
theFederal Register.Docketed matters are available to the public via the
Electronic Comment Filing System maintained in the Reference Information
Center at 445 12th Street, Washington, DC. The complete texts of rulemaking
decisions may also be purchased from the Commission's duplicating
contractor.

(d) Formal policy statements and interpretations designed to have general
applicability and legal effect are published in theFederal Register,the FCC
Record, FCC Reports, or Pike and Fischer. Commission decisions and other
Commission documents not entitled formal policy statements or
interpretations may contain substantive interpretations and statements
regarding policy, and these are published as part of the document in the FCC
Record, FCC Reports or Pike and Fischer. General statements regarding policy
and interpretations furnished to individuals, in correspondence or
otherwise, are not ordinarily published.

(e) If the documents described in paragraphs (a) through (d) of this section
are published in theFederal Register,the FCC Record, FCC Reports, or Pike
and Fischer Radio Regulation, they may be relied upon, used or cited as
precedent by the Commission or private parties in any manner. If they are
not so published, they may not be relied upon, used or cited as precedent,
except against persons who have actual notice of the document in question or
by such persons against the Commission. No person is expected to comply with
any requirement or policy of the Commission unless he has actual notice of
that requirement or policy or a document stating it has been published as
provided in this paragraph. Nothing in this paragraph, however, shall be
construed as precluding a reference to the rationale set forth in a recent
document that is pending publication if the requirment or policy to which
the rationale relates is contained in a published document or if actual
notice of that requirement or policy has been given.

(f) TheFederal Register,the FCC Record, FCC Reports and Pike and Fischer
Radio Regulation are indexed. If the documents described in paragraphs
(a)–(d) of this section are not published, they are neither indexed nor
relied upon, except as provided in paragraph (e) of this section.

(g) The FCC Administrative Manual (excepting Part IX, concerning Civil
Defense, which contains materials classified under E.O. 10501) is available
for inspection in the Office of the Managing Director. The Manual is not
indexed but is organized by subject, with tables of contents, and the
materials contained therein can be located without difficulty.

(h) Subparts A and B of this part describe the functions of the staff and
list the matters on which authority has been delegated to the staff. Except
as provided in paragraph (g) of this section, all general instructions to
the staff and limitations upon its authority are set forth in those
subparts. As part of the Commission's rules and regulations, the provisions
of these subparts are indexed in theFederal Registerand the Code of Federal
Regulations. Instructions to the staff in particular matters or cases are
privileged and are not published or made available for public inspection.

(i) To the extent required to prevent a clearly unwarranted invasion of
personal privacy, the Commission may delete identifying details when it
makes available or publishes any document described in this section. The
justification for any such deletion will be fully explained in a preamble to
the document.

[ 32 FR 10573 , July 19, 1967, as amended at 40 FR 17255 , Apr. 18, 1975; 50 FR 27953 , July 9, 1985; 51 FR 7444 , Mar. 4, 1986; 51 FR 45889 , Dec. 23, 1986;
61 FR 8477 , Mar. 5, 1996; 64 FR 60723 , Nov. 8, 1999]

§ 0.451 Inspection of records: Generally.

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(a) Records which are routinely available for public inspection. Sections
0.453 and 0.455 list those Commission records which are routinely available
for public inspection and the places at which those records may be
inspected. Procedures governing requests for inspection of such records are
set out in §0.460.

(b) Records which are not routinely available for public inspection. Records
which are not listed in §0.453 or §0.455 are not routinely available for
public inspection. Such records fall into two categories.

(1) The first category consists of those records or kinds of records listed
in §0.457 and of particular records withheld from public inspection under
§0.459. The Commission has determined that there is a statutory basis for
withholding these records from public inspection. In some cases, the
Commission is prohibited from permitting the inspection of records. In other
cases, the records are the property of another agency, and the Commission
has no authority to permit their inspection. In still other cases, the
Commission is authorized, for reason of policy, to withhold records from
inspection, but is not required to do so.

(2) The second category consists of records which are not listed in §0.453,
§0.455, or §0.457 and have not been withheld from inspection under §0.459.
In some cases, these records have not been identified for listing. In other
cases (e.g., the general correspondence files), the Commission is unable to
determine either that all records in a class should be routinely available
for inspection or that all records in that class should not be routinely
available for inspection, and individual determination is required.

(3) Procedures governing requests for inspection of these records are set
out in §0.461.

(4) Procedures governing demands by competent authority for inspection of
these records are set out in §0.463.

(5) Except as provided in §§0.461 and 0.463, no officer or employee of the
Commission shall permit the inspection of records which are not routinely
available for public inspection under §0.453 or §0.455, or disclose
information contained therein.

(c) Copies. Section 0.465 applies to requests for copies of Commission
records which are routinely available for public inspection under §§0.453
and 0.455 and those which are made available for inspection under §0.461.
Section 0.467 applies to requests for certified copies of Commission
records.

(d) Search fees. Section 0.466 prescribes fees to cover the expense of
searching for records made available for inspection under §0.460 or §0.461.

[ 40 FR 7313 , Feb. 19, 1975]

§ 0.453 Public reference rooms.

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The Commission maintains the following public reference rooms at its offices
in Washington, DC, and Columbia, Maryland. Much of the information available
from the public reference rooms may also be retrieved from the Commission's
WorldWide Website at http://www.fcc.gov:

(a) The Reference Information Center of the Consumer and Governmental
Affairs Bureau. (1) Files containing the record of all docketed cases,
petitions for rule making and related papers. A file is maintained for each
docketed hearing case and for each docket rule making proceeding. Cards
summarizing the history of such cases are available for inspection.

(2) Files, documents, and records related to the following services:

(i) Mass Media Services.

(A) Applications for broadcast authorizations and related files are
available for public inspection Certain broadcast applications, reports and
records are also available for inspection in the community in which the
station is located or is proposed to be located. See §§73.3526 and 73.3527
of this chapter.

(B) Ownership reports filed by licensees of broadcast stations pursuant to
§73.3615.

(D) Contracts relating to network service to broadcast licensees filed on or
after the 1st day of May 1969 under §73.3613.

(E) Annual employment reports filed by licensees and permittees of broadcast
stations pursuant to §73.3612 of this chapter.

(F) Contract files which contain pledges, trust agreements, options to
purchase stock agreements, partnership agreements, management consultant
agreements, and mortgage or loan agreements.

(G) broadcast applications and related files.

(H) FM Translator applications and related files.

(I) Station files containing Notice of Apparent Liability and Memorandum of
Opinion and Order and related files.

(J) Network correspondence files and related materials.

(ii) Common Carrier Services, including:

(A) Annual reports filed by carriers under §43.21 of this chapter.

(B) Reports on pensions and benefits filed by carriers under §43.42 of this
chapter.

(D) Tariff schedules for all charges for interstate and foreign wire or
radio communications filed pursuant to section 203 of the Communications
Act, all related documents and communications.

(E) All applications for common carrier authorizations acted upon by the
Enforcement Bureau, and related files.

(F) All formal and informal complaints against common carriers filed under
§§1.711 through 1.735 of this chapter, all documents filed in connection
therewith, and all communications related thereto.

(G) Annual employment reports filed by common carrier licensees or
permittees pursuant to §1.815 of this chapter.

(H) Enforcement proceedings and public inquiries and related materials.

(I) Files containing contracts between carriers and affiliates, accounts and
subaccounts, pension filings, property records, disposition units, and
depreciation rate filings.

(J) Cost Allocation Manuals and related materials.

(K) Section 214 applications and related files, to the extent that they
concern domestic communications facilities and services.

(L) Files containing reports required by FCC Rules and Regulations, annual
reports to stockholders, administrative reports, monthly bypass reports and
related materials.

(M) Files containing reference material from major telephone companies.

(N) Files containing Local Exchange Rates and related files.

(O) Currently effective tariffs filed by Communications Common Carriers
pursuant to various FCC Rules and Regulations.

(P) Recent revisions to tariff filings and the Reference Information Center
Log which is prepared daily and lists the tariff filings received the
previous day.

(iii) Wireless Telecommunications Services and Auction related data
including:

(A) Station files containing a complete history of data submitted by the
applicant that has been approved by the Commission which includes background
material.

(B) Pending files containing applications for additional facilities or
modifications of existing facilities.

(D) Pending cellular and paging applications and related files.

(E) Electronically stored application and licensing data for commercial
radio operators and for all authorizations in the Wireless Radio services
are available for public inspection via the Commission's wide area network.
Wireless Radio services include Commercial and Private Mobile Radio, Common
Carrier and Private Operational Field point-to-point Microwave, Local
Television Transmission Service (LTTS), Digital Electronic Message Service
(DEMS), Aviation Ground and Marine Coast applications. Some of these
services are available electronically now and most will be available on
electronically within 90 days of the implementation of the Universal
Licensing System (ULS).

(F) Petitions and related materials.

(iv) International Services, except to the extent they are excluded from
routine public inspection under another section of this chapter:

(A) Satellite and earth station applications files and related materials
under parts 25 and 100 of this chapter;

(B) Section 214 applications and related files under part 63 of this
chapter, to the extent that they concern international communications
facilities and services;

(D) Files relating to submarine cable landing licenses and applications for
such licenses since June 30, 1934, except for maps showing the exact
location of submarine cables, which are withheld from inspection under
section 4(j) of the Communications Act (see §0.457(c)(1)(i));

(E) Documents relating to INTELSAT or INMARSAT;

(F) International broadcast applications, applications for permission to
deliver programming to foreign stations, and related files under part 73 of
this chapter;

(v) Cable services. The following files and documents are available,
including:

(A) All complaints regarding cable programming rates, all documents filed in
connection therewith, and all communications related thereto, unless the
cable operator has submitted a request pursuant to §0.459 that such
information not be made routinely available for public inspection.

(B) Special relief petitions and files pertaining to cable television
operations.

(D) Annual employment reports filed by cable television systems pursuant to
§76.77 of this chapter.

(E) Files and documents related to Cable Television Relay Service (CARS)

(b) Reference Information Center. Station files containing applications and
related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary, and Low
Power Auxiliary Stations in the mass media services.

(c) The Library. Various legal and technical publications, and legislative
history compilations, related to communications are available for inspection
in the Library.

(d) The Office of Engineering and Technology, FCC Laboratory Reference Room.
The following documents, files and records are available for inspection at
this location. Files containing approved applications for Equipment
Authorization and related materials are available for review. These files
are available in the Commission's Laboratory in Columbia, Maryland.

(e) The International Bureau. The International Bureau maintains
international settlement agreements and contracts and international cable
agreements.

(f) The Media Bureau. The Media Bureau maintains all cable operator requests
for approval of existing or increased cable television rates for basic
service and associated equipment over which the Commission had assumed
jurisdiction, all documents filed in connection therewith, and all
communications related thereto, unless the cable operator has submitted a
request pursuant to §0.459 that such information not be made routinely
available for public inspection.

(g) The Wireline Competition Bureau. Section 214 applications and related
files, to the extent that they concern domestic communications facilities
and services are available for inspection at this location.

(1) [Reserved]

(2) Section 214 applications and related files, to the extent that they
concern domestic communications facilities and services.

(h) The Wireless Telecommunications Bureau, Commercial Mobile Services
Reference Room. The following documents, files and records are available for
inspection at two different locations. The Legal Branch is the responsible
custodian for both locations.

(1) The Wireless Telecommunications Bureau Reference Room— Gettysburg.
Commercial radio operator application files and all authorizations in the
Wireless Radio Services and files relating thereto, which includes Land
Mobile, Microwave, Aviation Ground and Marine Coast applications. All of
these materials are available in the Commission's offices in Gettysburg,
Pennsylvania. See §0.457(f)(3). This reference room also contains station
files containing applications and related materials for Remote Pickup, Aural
STL/ICR, TV Auxiliary, and Low Power Auxiliary Stations in the Mass Media
services. This reference room also contains station files containing
applications and related materials for the Point-to-Point Microwave
(including the Local Television Transmission Service) and Digital Electronic
Message (DEMS) services in the Common Carrier services. Cards summarizing
the historical record of applications and dispositions of the Broadcast
Auxiliary service through May 1982 are available for inspection as well.

(2) Pending files containing applications for additional facilities or
modifications of existing facilities.

(3) Cellular Granted Station files and related materials.

(4) Pending cellular applications and related files.

(5) Petitions and related materials.

(i) The Wireline Competition Bureau, Industry Analysis Reference Room. The
following documents, files and records are available for inspection at this
location.

(1) Files containing reports required by FCC Rules and Regulations, annual
reports to stockholders, administrative reports, monthly bypass reports and
related materials.

(2) Files containing reference material from major telephone companies.

(3) Files containing Local Exchange Rates and related files.

(j) The Wireline Competition Bureau, Tariff Review Reference Room. Contains
currently effective tariffs filed by Communications Common Carriers pursuant
to various FCC Rules and Regulations. Also available for review and copying
are recent revisions to tariff filings and the Public Reference Room Log,
which is prepared daily and lists the tariff filings received the previous
day.

(k) The Office of Engineering and Technology, FCC Laboratory Reference Room.
The following documents, files and records are available for inspection at
this location. Files containing approved applications for Equipment
Authorization and related materials are available for review. These files
are available in the Commission's Laboratory in Columbia, Maryland.

(l) The International Bureau Reference Room. Except to the extent they are
excluded from routine public inspection under another section of this
chapter, the following documents, files, and records are available for
inspection at this location:

(1) Satellite and earth station applications files and related materials
under parts 25 and 100 of this chapter;

(2) Section 214 applications and related files under part 63 of this
chapter, to the extent that they concern international communications
facilities and services;

(3) International Fixed Public Radio applications and related files under
part 23 of this chapter;

(4) Files relating to submarine cable landing licenses and applications for
such licenses since June 30, 1934, except for maps showing the exact
location of submarine cables, which are withheld from inspection under
section 4(j) of the Communications Act (see §0.457(c)(1)(i));

(5) Files relating to international settlements under part 64 of this
chapter;

(6) Documents relating to INTELSAT or INMARSAT;

(7) International broadcast applications, applications for permission to
deliver programming to foreign stations, and related files under part 73 of
this chapter; and

(8) International settlement agreements and contracts and international
cable agreements.

(m) The Media Bureau Reference Center. The following documents, files and
records are available for inspection at this location.

(1) All complaints regarding cable programming rates, all documents filed in
connection therewith, and all communications related thereto, unless the
cable operator has submitted a request pursuant to §0.459 that such
information not be made routinely available for public inspection.

(2) All cable operator requests for approval of existing or increased cable
television rates for basic service and associated equipment over which the
Commission has assumed jurisdiction, all documents filed in connection
therewith, and all communications related thereto, unless the cable operator
has submitted a request pursuant to §0.459 that such information not be made
routinely available for public inspection.

(3) Special relief petitions and files pertaining to cable television
operations.

(4) Cable television system reports filed by operators pursuant to §76.403
of this chapter.

(n) Electronically stored application and licensing data for commercial
radio operator applications and all authorizations in the Wireless Radio
services are available for public inspection via the Commission's wide area
network. Wireless Radio services include Commercial and Private Mobile
Radio, Common Carrier and Private Operational Fixed Point-to-Point
Microwave, Local Television Transmission Service (LTTS), Digital Electronic
Message Service (DEMS), Aviation Ground and Marine Coast applications.

[ 32 FR 10573 , July 19, 1967, as amended at 46 FR 27655 , May 21, 1981; 50 FR 40014 , Oct. 1, 1985; 52 FR 38764 , Oct. 19, 1987; 58 FR 19772 , Apr. 16, 1993;
59 FR 32132 , June 22, 1994; 60 FR 5325 , Jan. 27, 1995; 60 FR 35507 , July 10,
1995; 63 FR 36596 , July 7, 1998; 63 FR 68919 , Dec. 14, 1998; 64 FR 28936 ,
May 28, 1999; 64 FR 60723 , Nov. 8, 1999; 67 FR 13221 , Mar. 21, 2002]

Effective Date Note: At 64 FR 28936 , May 28, 1999, in §0.453 paragraph (o)
was added, effective 90 days after ULS is implemented for all services
licensed by the Wireless Telecommunications Bureau.

§ 0.455 Other locations at which records may be inspected.

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Except as provided in §§0.453,0.457, and 0.459, records are routinely
available for inspection in the Reference Information Center or the offices
of the Bureau or Office which exercises responsibility over the matters to
which those records pertain (see §0.5), or will be made available for
inspection at those office upon request. Upon inquiry to the appropriate
Bureau or Office, persons desiring to inspect such records will be directed
to the specific location at which the particular records may be inspected. A
list of Bureaus and Offices and examples of the records available at each is
set out below.

(a) Media Bureau. (1) Rulings under the Fairness Doctrine and section 315 of
the Communications Act, and related materials.

(2) Ruling lists which contain brief summaries of rulings.

(3) Congressional correspondence and related materials.

(4) Correspondence and other actions and decisions relating to cable
television services that are not filed in the FCC Reference Information
Center, e.g. rate regulation files and related documents.

(b) Wireline Competition Bureau. (1) Reports of public coast station
operators filed under §43.71 of this chapter.

(2) Valuation reports filed under section 213 of the Communications Act,
including exhibits filed in connection therewith, unless otherwise ordered
by the Commission, with reasons therefor, pursuant to section 213(f) of the
Communications Act. See §0.457(c)(2).

(3) Computer II files and related materials.

(c) Office of Managing Director. (1) All minutes of Commission actions,
containing a record of all final votes, minutes of actions and internal
management matters as provided in §0.457 (b)(1) and (c)(1)(i). These records
and files are available for inspection in the Agenda Group.

(2) Files containing information concerning the history of the Commission's
rules. These files are available for inspection in the Publications Group.

(3) See §0.443.

(4) Reports filed pursuant to subpart E of part 19 of this chapter and
applications for inspection of such reports. See §0.460(k).

(d) Office of Engineering and Technology which includes the Bureau's
Technical Library containing technical reports, technical journals, and
bulletins of spectrum management and related technical materials. Also files
containing approved applications for Equipment Authorization (Type accepted,
certified and notified) and related materials are available for review.
These files are available in the Commission's Laboratory in Columbia,
Maryland.

(1) Experimental application and license files.

(2) The Master Frequency Records.

(3) Applications for Equipment Authorization (type accepted, type approval,
certification, or advance approval of subscription television systems),
following the effective date of the authorization. See §0.457(d)(1)(ii).
(Application files, technical journals and other technical materials are
maintained at the Commission's Laboratory at Columbia, Maryland.)

(e) International Bureau. The treaties and other international and bilateral
agreements listed in §73.1650 of this chapter are available for inspection
in the office of the Chief, Strategic Analysis and Negotiations Division,
International Bureau. Also contracts and other arrangements filed under
§43.51 and reports of negotiations regarding foreign communication matters
filed under §43.52 of this chapter, except for those kept confidential by
the Commission pursuant to section 412 of the Communications Act. See
§0.457(c)(3). Also files relating to international settlements under part 64
of this chapter.

[ 67 FR 13222 , Mar. 21, 2002]

§ 0.457 Records not routinely available for public inspection.

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The records listed in this section are not routinely available for public
inspection. The records are listed in this section by category, according to
the statutory basis for withholding those records from inspection; and under
each category, if appropriate, the underlying policy considerations
affecting the withholding and disclosure of records in that category are
briefly outlined. Except where the records are not the property of the
Commission or where the disclosure of those records is prohibited by law,
the Commission will entertain requests from members of the public under
§0.461 for permission to inspect particular records withheld from inspection
under the provisions of this section, and will weigh the policy
considerations favoring non-disclosure against the reasons cited for
permitting inspection in the light of the facts of the particular case. In
making such requests, it is important to appreciate that there may be more
than one basis for withholding particular records from inspection. The
listing of records by category is not intended to imply the contrary but is
solely for the information and assistance of persons making such requests.
Requests to inspect or copy the transcripts, recordings or minutes of agency
or advisory committee meetings will be considered under §0.603 rather than
under the provisions of this section.

(a) Materials that are specifically authorized under criteria established by
Executive Order to be kept secret in the interest of national defense or
foreign policy and are in fact properly classified pursuant to such
Executive Order, 5 U.S.C. 552(b)(1). (1) E.O. 10450, “Security Requirements
for Government Employees,” 18 FR 2489 , April 27, 1953, 3 CFR, 1949–1953
Comp., p. 936. Pursuant to the provisions of E.O. 10450, reports and other
material and information developed in security investigations are the
property of the investigative agency. If they are retained by the
Commission, it is required that they be maintained in confidence and that no
access be given to them without the consent of the investigative agency.
Such materials and information will not be made available for public
inspection. See also paragraphs (f) and (g) of this section.

(2) E.O. 10501, “Safeguarding Official Information in the Interests of the
Defense of the United States,” 18 FR 7049 , November 10, 1953, as amended, 3
CFR, 1965 ed., p. 450. E.O. 10501, as amended, provides for the
classification of official information which requires protection in the
interests of national defense, and prohibits the disclosure of classified
information except as provided therein. Classified materials and information
will not be made available for public inspection. See also, E.O. 10033,
February 8, 1949, 14 FR 561 , 3 CFR, 1949–1953 Comp., p. 226, and 47 U.S.C.
154(j).

(b) Materials that are related solely to the internal personnel rules and
practices of the Commission, 5 U.S.C. 552(b)(2). (1) Materials related
solely to internal management matters, including minutes of Commission
actions on such matters. Such materials may be made available for inspection
under §0.461, however, unless their disclosure would interfere with or
prejudice the performance of the internal management functions to which they
relate, or unless their disclosure would constitute a clearly unwarranted
invasion of personal privacy (see paragraph (f) of this section).

(2) Materials relating to the negotiation of contracts.

(3) All materials used in conducting radio operator examinations, including
test booklets, Morse Code tapes, and scoring masks.

(c) Materials that are specifically exempted from disclosure by statute
(other than the Government in the Sunshine Act, 5 U.S.C. 552b): Provided,
That such statute (1) requires that the materials be withheld from the
public in such a manner as to leave no discretion on the issue, or (2)
establishes particular criteria for withholding or refers to particular
types of materials to be withheld. The Commission is authorized under the
following statutory provisions to withhold materials from public inspection.

(1) Section 4(j) of the Communications Act, 47 U.S.C. 154(j), provides, in
part, that, “The Commission is authorized to withhold publication of records
or proceedings containing secret information affecting the national
defense.” Pursuant to that provision, it has been determined that the
following materials should be withheld from public inspection (see also
paragraph (a) of this section):

(i) Maps showing the exact location of submarine cables.

(ii) Minutes of Commission actions on classified matters.

(iii) Maps of nation-wide point-to-point microwave networks.

(2) Under section 213(f) of the Communications Act, 47 U.S.C. 213(f), the
Commission is authorized to order, with the reasons therefor, that records
and data pertaining to the valuation of the property of common carriers and
furnished to the Commission by the carriers pursuant to the provisions of
that section, shall not be available for public inspection. If such an order
has been issued, the data and records will be withheld from public
inspection, except under the provisions of §0.461. Normally, however, such
data and information is available for inspection. See §0.455(c) (8).

(3) Under section 412 of the Communications Act, 47 U.S.C. 412, the
Commission may withhold from public inspection certain contracts, agreements
and arrangements between common carriers relating to foreign wire or radio
communication. Reports of negotiations regarding such foreign communication
matters, filed by carriers under §43.52 of this chapter, may also be
withheld from public inspection under section 412. Any person may file a
petition requesting that such materials be withheld from public inspection.
To support such action, the petition must show that the contract, agreement
or arrangement relates to foreign wire or radio communications; that its
publication would place American communication companies at a disadvantage
in meeting the competition of foreign communication companies; and that the
public interest would be served by keeping its terms confidential. If the
Commission orders that such materials be kept confidential, they will be
made available for inspection only under the provisions of §0.461.

(4) Section 605 of the Communications Act, 47 U.S.C. 605, provides, in part,
that, “no person not being authorized by the sender shall intercept any
communication [by wire or radio] and divulge or publish the existence,
contents, substance, purport, effect, or meaning of such intercepted
communications to any person.” In executing its responsibilities, the
Commission regularly monitors radio transmissions (see §0.116). Except as
required for the enforcement of the communications laws, treaties and the
provisions of this chapter, or as authorized in section 605, the Commission
is prohibited from divulging information obtained in the course of these
monitoring activities; and such information, and materials relating thereto,
will not be made available for public inspection.

(5) Section 1905 of the Criminal Code, 18 U.S.C. 1905, prohibits the
unauthorized disclosure of certain confidential information. See paragraph
(d) of this section.

(d) Trade secrets and commercial or financial information obtained from any
person and privileged or confidential—categories of materials not routinely
available for public inspection, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905. (1)
The materials listed in this subparagraph have been accepted, or are being
accepted, by the Commission on a confidential basis pursuant to 5 U.S.C.
552(b)(4). To the extent indicated in each case, the materials are not
routinely available for public inspection. If the protection afforded is
sufficient, it is unnecessary for persons submitting such materials to
submit therewith a request for non-disclosure pursuant to §0.459. A
persuasive showing as to the reasons for inspection will be required in
requests for inspection of such materials submitted under §0.461.

(i) Financial reports submitted by licensees of broadcast stations pursuant
to former §1.611 or by radio or television networks are not routinely
available for inspection.

(ii) Applications for equipment authorizations (type acceptance, type
approval, certification, or advance approval of subscription television
systems), and materials relating to such applications, are not routinely
available for public inspection prior to the effective date of the
authorization. The effective date of the authorization will, upon request,
be deferred to a date no earlier than that specified by the applicant.
Following the effective date of the authorization, the application and
related materials (including technical specifications and test measurements)
will be made available for inspection upon request (See §0.460). Portions of
applications for equipment certification of scanning receivers and related
materials will not be made available for inspection. This information
includes that necessary to prevent modification of scanning receivers to
receive Cellular Service frequencies, such as schematic diagrams, technical
narratives describing equipment operation, and relevant design details.
Portions of applications for equipment certification of software defined
radios that describe the operation of the device's software and security
features will not be made available for inspection.

(iii) Information submitted in connection with audits, investigations and
examination of records pursuant to 47 U.S.C. 220.

(iv) Programming contracts between programmers and multichannel video
programming distributors.

(v) Prior to July 4, 1967, the rules and regulations provided that certain
materials submitted to the Commission would not be made available for public
inspection or provided assurance, in varying degrees, that requests for
nondisclosure of certain materials would be honored. See, e.g., 47 CFR
chapter I revised as of October 1, 1966, §§0.417, 2.557, 5.204, 5.255,
15.70, 21.406, 80.33, 87.153, 89.215, 91.208, 91.605 and 93.208. Materials
submitted under these provisions are not routinely available for public
inspection. To the extent that such materials were accepted on a
confidential basis under the then existing rules, they are not routinely
available for public inspection. The rules cited in this paragraph (d)(1)(v)
were superseded by the provisions of this paragraph (d), effective July 4,
1967. Equipment authorization information accepted on a confidential basis
between July 4, 1967 and March 25, 1974, will not be routinely available for
inspection and a persuasive showing as to the reasons for inspection of such
information will be required in requests for inspection of such materials
submitted under §0.461.

(vi) Information on the users and locations of radio frequency
identification systems submitted to the Commission pursuant to §15.240 will
be made available to other Federal Government agencies but will not
otherwise be made available for inspection.

(2) Unless the materials to be submitted are listed in paragraph (d)(1) of
this section and the protection thereby afforded is adequate, it is
important for any person who submits materials which he wishes withheld from
public inspection under 5 U.S.C. 552(b)(4) to submit therewith a request for
non-disclosure pursuant to §0.459. If it is shown in the request that the
materials contain trade secrets or commercial, financial or technical data
which would customarily be guarded from competitors, the materials will not
be made routinely available for inspection; and a persuasive showing as to
the reasons for inspection will be required in requests for inspection
submitted under §0.461. In the absence of a request for non-disclosure, the
Commission may, in the unusual instance, determine on its own motion that
the materials should not be routinely available for public inspection.
Ordinarily, however, in the absence of such a request, materials which are
submitted will be made available for inspection upon request pursuant to
§0.461, even though some question may be present as to whether they contain
trade secrets or like matter.

(e) Interagency and intra-agency memorandums or letters, 5 U.S.C. 552(b)(5).
Interagency and intra-agency memorandums or letters and the work papers of
members of the Commission or its staff will not be made available for public
inspection, except in accordance with the procedures set forth in §0.461.
Only if it is shown in a request under §0.461 that such a communication
would be routinely available to a private party through the discovery
process in litigation with the Commission will the communication be made
available for public inspection. Normally such papers are privileged and not
available to private parties through the discovery process, since their
disclosure would tend to restrain the commitment of ideas to writing, would
tend to inhibit communication among Government personnel, and would, in some
cases, involve premature disclosure of their contents.

(f) Personnel, medical and other files whose disclosure would constitute a
clearly unwarranted invasion of personal privacy, 5 U.S.C. 552(b)(6). (1)
Under Executive Order 10561, 19 FR 5963 , September 13, 1954, 3 CFR,
1954–1958 Comp., page 205, the Commission maintains an Official Personnel
Folder for each of its employees. Such folders are under the jurisdiction
and control, and are a part of the records, of the U.S. Office of Personnel
Management. Except as provided in the rules of the Office of Personnel
Management (5 CFR 294.701–294.703), such folders will not be made available
for public inspection by the Commission. In addition, other records of the
Commission containing private, personal or financial information concerning
particular employees will be withheld from public inspection.

(2) [Reserved]

(3) Information submitted to the Commission by applicants for commercial
radio operator licenses concerning the character and mental or physical
health of the applicant is available for inspection only under procedures
set forth in §0.461. Except in this respect, or where other aspects of a
similar private nature warrant nondisclosure, commercial radio operator
application files are available for inspection.

(g) Investigatory records compiled for law enforcement purposes, to the
extent that production of such records would:

(1) Interfere with enforcement proceedings;

(2) Deprive a person of a right to fair trial or an impartial adjudication;

(3) Constitute an unwarranted invasion of personal privacy;

(4) Disclose the identity of a confidential source;

(5) Disclose investigative techniques or procedures; or

(6) Endanger the life or physical safety of law enforcement personnel, 5
U.S.C. 552(b)(7).

[ 32 FR 10573 , July 19, 1967]

Editorial Note: ForFederal Registercitations affecting §0.457, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and on GPO Access.

§ 0.458 Nonpublic information.

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Any person regulated by or practicing before the Commission coming into
possession of written nonpublic information (including written material
transmitted in electronic form) as described in §19.735–203(a) of this
chapter under circumstances where it appears that its release was
inadvertent or otherwise unauthorized shall be obligated to return the
information to the Commission's Office of Inspector General pursuant to that
section. See 47 CFR 19.735–203.

[ 65 FR 66185 , Nov. 3, 2000]

§ 0.459 Requests that materials or information submitted to the Commission be
withheld from public inspection.

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(a) Any person submitting information or materials to the Commission may
submit therewith a request that such information not be made routinely
available for public inspection. (If the materials are specifically listed
in §0.457, such a request is unnecessary.) A copy of the request shall be
attached to and shall cover all of the materials to which it applies and all
copies of those materials. If feasible, the materials to which the request
applies shall be physically separated from any materials to which the
request does not apply; if this is not feasible, the portion of the
materials to which the request applies shall be identified.

(b) Each such request shall contain a statement of the reasons for
withholding the materials from inspection (see §0.457) and of the facts upon
which those records are based, including:

(1) Identification of the specific information for which confidential
treatment is sought;

(2) Identification of the Commission proceeding in which the information was
submitted or a description of the circumstances giving rise to the
submission;

(3) Explanation of the degree to which the information is commercial or
financial, or contains a trade secret or is privileged;

(4) Explanation of the degree to which the information concerns a service
that is subject to competition;

(5) Explanation of how disclosure of the information could result in
substantial competitive harm;

(6) Identification of any measures taken by the submitting party to prevent
unauthorized disclosure;

(7) Identification of whether the information is available to the public and
the extent of any previous disclosure of the information to third parties;

(8) Justification of the period during which the submitting party asserts
that material should not be available for public disclosure; and

(9) Any other information that the party seeking confidential treatment
believes may be useful in assessing whether its request for confidentiality
should be granted.

(c) Casual requests which do not comply with the requirements of paragraphs
(a) and (b) of this section will not be considered.

(d)(1) The Commission may defer acting on requests that materials or
information submitted to the Commission be withheld from public inspection
until a request for inspection has been made pursuant to §0.460 or §0.461.
The information will be accorded confidential treatment, as provided for in
§0.459(g) and §0.461, until the Commission acts on the confidentiality
request and all subsequent appeal and stay proceedings have been exhausted.
If a response in opposition to a confidentiality request is filed, the party
requesting confidentiality may file a reply.

(2) Requests which comply with the requirements of paragraphs (a) and (b) of
this section will be acted upon by the appropriate Bureau or Office Chief,
who is directed to grant the request if it presents by a preponderance of
the evidence a case for non-disclosure consistent with the provisions of the
Freedom of Information Act, 5 U.S.C. 552. If the request is granted, the
ruling will be placed in the public file in lieu of the materials withheld
from public inspection. A copy of the ruling shall be forwarded to the
General Counsel.

(e) If the materials are submitted voluntarily (i.e., absent any direction
by the Commission), the person submitting them may request the Commission to
return the materials without consideration if the request for
confidentiality should be denied. In that event, the materials will
ordinarily be returned (e.g., an application will be returned if it cannot
be considered on a confidential basis). Only in the unusual instance where
the public interest so requires will the materials be made available for
public inspection. However, no materials submitted with a request for
confidentiality will be returned if a request for inspection is filed under
§0.461. If submission of the materials is required by the Commission and the
request for confidentiality is denied, the materials will be made available
for public inspection.

(f) If no request for confidentiality is submitted, the Commission assumes
no obligation to consider the need for non-disclosure but, in the unusual
instance, may determine on its own motion that the materials should be
withheld from public inspection. See §0.457(g).

(g) If a request for confidentiality is denied, the person who submitted the
request may, within 5 working days, file an application for review by the
Commission. If the application for review is denied, the person who
submitted the request will be afforded 5 working days in which to seek a
judicial stay of the ruling. If these periods expire without action by the
person who submitted the request, the materials will be returned to the
person who submitted them or will be placed in a public file. Notice of
denial and of the time for seeking review or a judicial stay will be given
by telephone, with follow-up notice in writing. The first day to be counted
in computing the time periods established in this subsection is the day
after the date of oral notice. Materials will be accorded confidential
treatment, as provided in §0.459(g) and §0.461, until the Commission acts on
any timely applications for review of an order denying a request for
confidentiality, and until a court acts on any timely motion for stay of
such an order denying confidential treatment.

(h) If the request is granted, the status of the materials is the same as
that of materials listed in §0.457. Any person wishing to inspect them may
submit a request for inspection under §0.461.

(i) Third party owners of materials submitted to the Commission by another
party may participate in the proceeding resolving the confidentiality of the
materials.

[ 40 FR 7313 , Feb. 19, 1975, as amended at 49 FR 21719 , May 23, 1984; 55 FR 8951 , Mar. 9, 1990; 63 FR 44167 , Aug. 18, 1998; 64 FR 55163 , Oct. 12, 1999]

§ 0.460 Requests for inspection of records which are routinely available for
public inspection.

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(a) Sections 0.453 and 0.455 list those Commission records which are
routinely available for public inspection and the places at which those
records may be inspected. Subject to the limitations set out in this section
and to the provisions of §0.466 and paragraph (l) of this section, a person
who wants to inspect such records need only appear at the specified location
and ask to see the records. Many such records also are available through the
Commission's site on the World Wide Web, located at http://www.fcc.gov.
Commission documents listed in §0.416 are published in the FCC Record, and
many such documents or summaries thereof are also published in theFederal
Register.

(b) A person who does not want a copy of the records must appear at the
specified location during the office hours of the Commission and must
inspect the records at that location. (Procedures governing requests for
copies are set out in §0.465.) However, arrangements may be made in advance,
by telephone or by correspondence, to make the records available for
inspection on a particular date, and there are many circumstances in which
such advance arrangements will save inconvenience. If the request is for a
large number of documents, for example, a delay in collecting them is
predictable. Current records may be in use by the staff when the request is
made. Older records may have been forwarded to another location for storage.

(c) The records in question must be reasonably described by the person
requesting them so as to permit their location by staff personnel. The
information needed to locate the records will vary, depending on the records
requested. Advice concerning the kind of information needed to locate
particular records will be furnished in advance upon request. Members of the
public will not be given access to the area in which records are kept and
will not be permitted to search the files.

(d) If it appears that there will be an appreciable delay in locating or
producing the records (as where a large number of documents is the subject
of a single request or where an extended search for a document appears to be
necessary), the request shall be submitted in writing, either in person or
by mail.

(e) Written requests shall be captioned “REQUEST FOR INSPECTION OF
RECORDS”, shall be dated, shall list the telephone number (if any) of the
person making the request and for each document requested, shall set out all
information known to the person making the request which would be helpful in
identifying and locating the document. Written requests shall, in addition,
specify the maximum search fee the person making the request is prepared to
pay. (see §0.467)

(f) Written requests shall be delivered or mailed directly to the chief of
the organizational unit having custody of the records, as listed in §§0.453
and 0.455. If the request is enclosed in an envelope, the envelope shall be
marked, “REQUEST FOR INSPECTION OF RECORDS.”

(g) When a written request is received by the custodian of the records, it
will be date-stamped.

(h) All requests limited to records listed in §§0.453 and 0.455 will be
granted, subject to paragraph (k) of this section. Requests for records
listed in those sections shall not be combined with requests for other
records.

(i) The records will be produced for inspection at the earliest possible
time.

(j) Records shall be inspected within 7 days after notice is given that they
have been located and are available for inspection. After that period, they
will be returned to storage and additional charges may be imposed for again
producing them.

(k) In addition to the other requirements of this section, the following
provisions apply to the reports filed with the Commission pursuant to
subpart E of part 19 of this chapter. (1) Such reports shall not be obtained
or used:

(i) For any unlawful purpose; (ii) for any commercial purpose, other than by
news and communications media for dissemination to the general public; (iii)
for determining or establishing the credit rating of any individual; or (iv)
for use, directly or indirectly, in the solicitation of money for any
political, charitable, or other purpose.

(2) Such reports may not be made available to any person nor may any copy
thereof be provided to any person except upon a written application by such
person stating: (i) That person's name, occupation and address; (ii) the
name and address of any other person or organization on whose behalf the
inspection or copying is requested; and (iii) that such person is aware of
the prohibitions on the obtaining or use of the report. Further, any such
application for inspection shall be made available to the public throughout
the period during which the report itself is made available to the public.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 18 U.S.C. 207(j))

[ 40 FR 7314 , Feb. 19, 1975, as amended at 45 FR 85027 , Dec. 24, 1980; 48 FR 44800 , Sept. 30, 1983; 53 FR 39093 , Oct. 5, 1988; 62 FR 51797 , Oct. 3, 1997]

§ 0.461 Requests for inspection of materials not routinely available for
public inspection.

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Any person desiring to inspect Commission records which are not listed in
§0.453 or §0.455 shall file a request for inspection meeting the
requirements of this section.

(a)(1) The records in question must be reasonably described by the person
requesting them, so as to permit their location by staff personnel. See
§0.460(c).

(2) The person requesting records under this section may specify the form or
format of the records to be produced.

(b)(1) Requests shall be captioned “Freedom of Information Act Request,”
shall be dated, shall list the telephone number (if any) of the person
making the request and, for each document requested, shall set out all
information known to the person making the request which would be helpful in
identifying and locating the document.

(2) The request shall, in addition, specify the maximum search fee the
person making the request is prepared to pay (see §0.467).

(c) If the records are of the kinds listed in §0.457 or if they have been
withheld from inspection under §0.459, the request shall, in addition,
contain a statement of the reasons for inspection and the facts in support
thereof. In the case of other materials, no such statement need accompany
the request; but the custodian of the records may require the submission of
such a statement if he determines that the materials in question may
lawfully be withheld from inspection.

(d)(1) Requests shall be delivered or mailed to the Managing Director, sent
by electronic mail to foia@fcc.gov, or sent by facsimile. (For purposes of
this section, the custodian of the records is the Chief of the appropriate
Bureau or Office.)

(2) If the request is enclosed in an envelope, the envelope shall be marked,
“Freedom of Information Act Request.”

(3) An original and two copies of the request shall be submitted. If the
request is for materials not open to routine public inspection under
§0.457(d) or §0.459, or if a request for confidentiality is pending pursuant
to §0.459, one copy of the request will be mailed by the custodian of the
records to the person who originally submitted the materials to the
Commission.

(e) When the request is received by the Managing Director, it will be
assigned to the Freedom of Information Act (FOIA) Control Office, where it
will be date-stamped and assigned to the custodian of the records.

(f) Requests for inspection of records will be acted on as follows by the
custodian of the records.

(1) If the Commission is prohibited from disclosing the records in question,
the request for inspection will be denied with a statement setting forth the
specific grounds for denial.

(2) If the records are the property of another agency, the request will be
referred to that agency and the person who submitted the request will be so
advised, with the reasons therefor.

(3) If it is determined that the Commission does not have authority to
withhold the records from public inspection, the request will be granted.

(4) If it is determined that the Commission does have authority to withhold
the records from public inspection, the considerations favoring disclosure
and non-disclosure will be weighed in light of the facts presented, and the
request will be granted, either conditionally or unconditionally, or denied.

(5) If there is a statutory basis for withholding part of a document only
from inspection, that part will be deleted and the remainder will be made
available for inspection.

(6) In locating and recovering records responsive to a FOIA request, only
those records within the Commission's possession and control as of the date
of its receipt of the request shall be considered.

(g) The custodian of the records will make every effort to act on the
request within 20 working days after it is received by the FOIA Control
Office. If it is not possible to locate the records and to determine whether
they should be made available for inspection within 20 working days, the
custodian may, in any of the following circumstances, extend the time for
action by up to 10 working days:

(1) It is necessary to search for and collect the requested records from
field facilities or other establishments that are separate from the office
processing the request.

(2) It is necessary to search for, collect and appropriately examine a
voluminous amount of separate and distinct records which are demanded in a
single request; or

(3) It is necessary to consult with another agency having a substantial
interest in the determination of the request, or among two or more
components of the Commission having substantial subject matter interest
therein.

The custodian of the records will notify the requester in writing of any
extension of time exercised pursuant to paragraph (g) of this section. If it
is not possible to locate the records and make the determination within the
extended period, the person or persons who made the request will be provided
an opportunity to limit the scope of the request so that it may be processed
within the extended time limit, or an opportunity to arrange an alternative
time frame for processing the request or a modified request, and asked to
consent to an extension or further extension. If the requester agrees to an
extension, the custodian of the records will confirm the agreement in a
letter specifying the length of the agreed-upon extension. If he or she does
not agree to an extension, the request will be denied, on the grounds that
the custodian has not been able to locate the records and/or to make the
determination within the period for a ruling mandated by the Freedom of
Information Act, 5 U.S.C. 552. In that event, the custodian will continue to
search for and/or assess the records and will advise the person who made the
request of further developments; but that person may file an application for
review by the Commission. When action is taken by the custodian of the
records, written notice of the action will be given.

(h)(1) Requesters who seek expedited processing of FOIA requests shall
submit such requests, along with their FOIA requests, to the Managing
Director, as described in §0.461(d). If the request is enclosed in an
envelope, the envelope shall be marked “Request for Expedited
Proceeding—FOIA Request.” An original and two copies of the request for
expedition shall be submitted, but only one copy is necessary if submitted
by electronic mail. When the request is received by the Managing Director,
it, and the accompanying FOIA request, will be assigned to the FOIA Control
Office, where it will be date-stamped and assigned to the custodian of
records.

(2) Expedited processing shall be granted to a requester demonstrating a
compelling need that is certified by the requester to be true and correct to
the best of his or her knowledge and belief.

(3) For purposes of this section, compelling need means—

(i) That failure to obtain requested records on an expedited basis could
reasonably be expected to pose an imminent threat to the life or physical
safety of an individual; or

(ii) With respect to a request made by a person primarily engaged in
disseminating information, there is an urgency to inform the public
concerning actual or alleged Federal Government activity.

(4)(i) Notice of the determination as to whether to grant expedited
processing shall be provided to the requester by the custodian of records
within 10 calendar days after receipt of the request by the FOIA Control
Office. Once the determination has been made to grant expedited processing,
the custodian shall process the FOIA request as soon as practicable.

(ii) If a request for expedited processing is denied, the person seeking
expedited processing may file an application for review within five working
days after the date of the written denial. The application for review and
the envelope containing it (if any) shall be captioned “Review of FOIA
Expedited Proceeding Request.” The application for review shall be delivered
or mailed to the General Counsel. (For general procedures relating to
applications for review, see §1.115 of this chapter.) The Commission shall
act expeditiously on the application for review, and shall notify the
custodian of records of the disposition of such an application for review.

(i)(1) If a request for inspection of records submitted to the Commission in
confidence under §0.457(d) or §0.459 is granted, an application for review
of the action may be filed by the person who submitted the records to the
Commission or by a third party owner of the records. The application for
review and the envelope containing it (if any) shall be captioned “Review of
Freedom of Information Action.” The application for review shall be filed
within 10 working days after the date of the written ruling, shall be
delivered or mailed to the General Counsel, and shall be served on the
person who filed the request for inspection of records. The first day to be
counted in computing the time period for filing the application for review
is the day after the date of the written ruling. If an application for
review is not filed within this period, the records will be produced for
inspection. The person who filed the request for inspection of records may
respond to the application for review within 10 working days after it is
filed.

(2) If the request for inspection of records submitted to the Commission in
confidence under §0.457(d) or §0.459 is partially granted and partially
denied, the person who submitted the records to the Commission, a third
party owner of the records and the person who filed the request for
inspection of those records may file an application for review within the 10
working days after the date of the written ruling. The application for
review and the envelope containing it (if any) shall be captioned “REVIEW OF
FREEDOM OF INFORMATION ACTION.” The application for review shall be
delivered or mailed to the General Counsel. If either person files an
application for review, it shall be served upon the other person.

(3) If an application for review is denied, the person filing the
application for review will be notified in writing and advised of their
rights.

(4) If an application for review filed by the person who submitted the
records to the Commission or who owns the records is denied, or if the
records are made available on review which were not initially made
available, the person who submitted the records to the Commission or who
owns the records will be afforded 10 working days from the date of the
written ruling in which to move for a judicial stay of the Commission's
action. The first day to be counted in computing the time period for seeking
a judicial stay is the day after the date of the written ruling. If a motion
for stay is not made within this period, the record will be produced for
inspection.

(j) Except as provided in paragraph (i) of this section, an application for
review of an initial action on a request for inspection may be filed only by
the person who made the request. The application shall be filed within 30
days after the date of the written ruling by the custodian of records, and
shall be captioned, “Review of Freedom of Information Action.” The envelope
(if any) shall also be so captioned. The application shall be delivered or
mailed to the General Counsel and shall be served on the person (if any) who
originally submitted the materials to the Commission. That person may file a
response within 10 working days after the application for review is filed.
If the records are made available on review, the person who submitted them
to the Commission (if any) will be afforded 10 working days after the date
of the written ruling to seek a judicial stay. See paragraph (i) of this
section. The first day to be counted in computing the time period for filing
the application for review or seeking a judicial stay is the day after the
date of the written ruling. (For general procedures relating to applications
for review, see §1.115 of this chapter.)

(k) The Commission will make every effort to act on an application for
review of an action on a request for inspection of records within 20 working
days after it is filed. See, however, paragraph (i) of this section. If it
is not possible to locate the records and to determine whether they should
be made available for inspection within 20 working days, the General Counsel
may, in the following circumstances and to the extent time has not been
extended under paragraphs (g) (1)(i), (ii), or (iii) of this section, extend
the time for action up to 10 working days. (The total period of extensions
taken under this paragraph and under paragraph (g) of this section without
the consent of the person who submitted the request shall not exceed 10
working days.):

(1) It is necessary to search for and collect the requested records from
field facilities or other establishments that are separate from the office
processing the request;

(2) It is necessary to search for, collect and appropriately examine a
voluminous amount of separate and distinct records which are demanded in a
single request; or

(3) It is necessary to consult with another agency having a substantial
interest in the determination of the request or among two or more components
of the Commission having substantial subject matter interest therein.

If these circumstances are not present or if it is not possible to locate
the records and make the determination within the extended period, the
person who made the request will be advised of his/her rights and asked to
consent to an extension or further extension. If the requester or person who
made the request agrees to an extension, the General Counsel will confirm
the agreement in a letter specifying the length of the agreed-upon
extension. If the requestor or person who made the request does not agree to
an extension, the Commission will continue to search for and/or assess the
record and will advise the person who made the request of further
developments; but that person may file a complaint in an appropriate United
States district court.

(l) Subject to the application for review and judicial stay provisions of
paragraphs (h) and (i) of this section, if the request is granted, the
records will be produced for inspection at the earliest possible time.

(m) Staff orders and letters denying requests for inspection are signed by
the official (or officials) who give final approval of their contents. If a
request is denied by the Commission, notice of denial will set forth the
names of the Commissioners participating in the decision.

(n) Records shall be inspected within 7 days after notice is given that they
have been located and are available for inspection. After that period, they
will be returned to storage, and additional charges may be imposed for again
producing them.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 47 FR 0 .231(d))

[ 40 FR 39507 , Aug. 28, 1975, as amended at 40 FR 59439 , Dec. 24, 1975; 45 FR 85028 , Dec. 24, 1980; 49 FR 13367 , Apr. 4, 1984; 49 FR 38122 , Sept. 27,
1984; 53 FR 39093 , Oct. 5, 1988; 55 FR 8951 , Mar. 9, 1990; 55 FR 9445 , Mar.
14, 1990; 62 FR 51797 , Oct. 3, 1997; 63 FR 25778 , 25779, May 11, 1998; 63 FR 44168 , Aug. 18, 1998; 64 FR 55163 , Oct. 12, 1999]

§ 0.463 Demand by competent authority for the production of documents or
testimony concerning information contained therein.

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(a) In the event that a demand (subpoena, order or other demand) is made by
a court or other competent authority outside the Commission for the
production of records or files or for testimony concerning information
contained therein, the Managing Director shall promptly be advised of such
demand, the nature of the papers or information sought, and all other
relevant facts and circumstances. The Commissioin will thereupon issue such
instructions as it may deem advisable.

(b) Unless specifically authorized to produce such records or files or to
testify with respect thereto, any officer or employee of the Commission who
is served with a demand for the production of records or files or testimony
concerning the same, shall appear in response to the demand and respectfully
decline to produce such records or files or to testify concerning them,
basing the refusal upon this rule.

(Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 49 FR 13367 , Apr. 4, 1984]

§ 0.465 Request for copies of materials which are available, or made
available, for public inspection.

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(a) The Commission awards a contract to a commercial duplication firm to
make copies of Commission records and offer them for sale to the public. In
addition to the charge for copying, the contractor may charge a search fee
for extracting the requested documents from the Commission's files.

Note to paragraph(a): The name, address, telephone number, and schedule of
fees for the current duplication contractor are published at the time of
contract award of renewal in a Public Notice and periodically thereafter.
Questions regarding this information should be directed to the Reference
Information Center of the Consumer and Governmental Affairs Bureau.

(b) The Commission awards a contract to a commercial firm to transcribe
Commission proceedings in which a verbatim record is kept and to offer
copies of the transcript for sale to the public. Except as authorized by the
Commission, the firm is required to retain the capacity to furnish copies of
the transcript for a period of 5 years, and may retain that capacity for a
longer period, even though another firm is currently transcribing Commission
proceedings. Requests for copies of the transcript of the current
proceedings should be directed to the current contractor. Requests for
transcripts of older proceedings will be forwarded by the Commission to the
firm which made the transcript in question; and the names of contracting
firms for past years will be furnished upon request.

Note to paragraph(b): The name, address, telephone number, and schedule of
fees for the current transcription contractor are maintained by the Office
of the Secretary in the Managing Director's Office.

(c)(1) Contractual arrangements which have been entered into with commercial
firms, as described in this section, do not in any way limit the right of
the public to inspect Commission records or to extract therefrom whatever
information may be desired. Coin-operated and debit card copy machines are
available for use by the public.

(2) The Commission has reserved the right to make copies of its records for
its own use or for the use of other agencies of the U.S. Government. When it
serves the regulatory or financial interests of the U.S. Government, the
Commission will make and furnish copies of its records free of charge. In
other circumstances, however, if it should be necessary for the Commission
to make and furnish copies of its records for the use of others, the fee for
this service shall be 17 cents per page. For copies prepared with other
media, such as computer tapes, microfiche or videotape, the charge will be
the actual direct cost including operator time. Requests for copying should
be accompanied by a statement specifying the maximum copying fee the person
making the request is prepared to pay. If the Commission estimates that
copying charges are likely to exceed $25 or the amount which the requester
has indicated that he/she is prepared to pay, then it shall notify the
requester of the estimated amount of fees. Such a notice shall offer the
requester the opportunity to confer with Commission personnel with the
object of revising or clarifying the request.

Note: The criterion considered in acting on a waiver request is whether
“waiver or reduction of the fee is in the public interest because furnishing
the information can be considered as primarily benefiting the general
public.” 5 U.S.C. 552(a)(4)(A). The following factors are relevant in
applying that criterion: the number of persons to be benefited, the
significance of the benefit, the private interest of the requester which the
release may further, the usefulness of the materials to be released to the
general public and the likelihood that a tangible public benefit will be
realized. (See Attorney General's 1974 FOI Amdts. Memorandum, at 15.)

(3) Requests for copies by representatives of foreign governments or persons
residing in foreign countries shall be submitted to the General Counsel and
will be reviewed by the General Counsel under criteria established by the
Department of Commerce for controlling the export of technical data.

(4) Certified Documents. Copies of documents which are available or made
available, for inspection under §§0.451 through 0.465, will be prepared and
certified, under seal, by the Secretary, or for documents located in the
Commission's Gettysburg, Pennsylvania Office by his deputy. Requests shall
be in writing, specifying the exact documents, the number of copies desired,
and the date on which they will be required. The request shall allow a
reasonable time for the preparation and certification of copies. The fee for
preparing copies shall be the same as that charged by the Commission as
described in §0.465(c)(2). The fee for certification shall be $10 for each
document.

(d)(1) Computer maintained data bases produced by the Commission may be
obtained from the FCC's internet web site at www.fcc.gov.

Note: The Commission awards a contract to provide the public with direct
electronic access to a portion of the non-Government Master Frequency File
data base released for access and residing on the contractor's computer
system. The name, address, telephone number, and schedule of fees for the
current contractor are published annually at the time of contract award or
renewal in a Public notice. This information may be obtained from the Office
of Congressional and Public Affairs, Consumer Assistance and Small Business
Division, Telephone (202) 632–7000.

(2) Copies of computer generated data stored as paper printouts or on
microfiche may also be obtained from the Commission's duplicating contractor
(see paragraph (a) of this section).

(d)(3) Copies of computer source programs and associated documentation
produced by the Commission shall be obtained from the Office of the Managing
Director.

(e) This section has no application to printed publications, which may be
purchased from the Superintendent of Documents or private firms (see §§0.411
through 0.420). Nor does it apply to application forms or information
bulletins, which are prepared for the use and information of the public and
are available upon request (see §§0.421 and 0.423).

(f) Anyone requesting copies of documents pursuant to this section may
select either the Commission or the contractor to fulfill the request. If a
request goes directly to the contractor, the requester will be charged by
the contractor pursuant to the price list set forth in the latest contract.
If a request goes directly to the Commission, it shall be sent to the Office
of the Managing Director for appropriate processing according to the fee
standards established under the FOIA.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 47 CFR 0.231(d))

[ 32 FR 10573 , July 19, 1967, as amended at 41 FR 51610 , Nov. 23, 1976; 45 FR 85028 , Dec. 24, 1980; 49 FR 13368 , Apr. 4, 1984; 51 FR 34982 , Oct. 1, 1986;
52 FR 36774 , Oct. 1, 1987; 53 FR 39093 , Oct. 5, 1988; 64 FR 60725 , Nov. 8,
1999; 67 FR 13222 , Mar. 21, 2002]

§ 0.466 Definitions.

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(a) For the purpose of §§0.467 and 0.468, the following definitions shall
apply:

(1) The term direct costs means those expenditures which the Commission
actually incurs in searching for and duplicating (and in case of commercial
requesters, reviewing) documents to respond to a FOIA request. Direct costs
include the salary of the employee performing the work (the basic rate of
pay for the employee plus 16 percent of that rate to cover benefits), and
the cost of operating duplicating machinery. Not included in direct costs
are overhead expenses, such as costs of space, and heating or lighting the
facility in which the records are stored.

(2) The term search includes all time spent looking for material that is
responsive to a request, including page-by-page or line-by-line
identification of material contained within documents. Such activity should
be distinguished, however, from “review” of material in order to determine
whether the material is exempt from disclosure ( see paragraph (a)(3) of
this section).

(3) The term review refers to the process of examining documents located in
response to a commercial use request ( see paragraph (a)(4) of this section)
to determine whether any portion of a document located is exempt from
disclosure. It also includes processing any documents for disclosure, e.g.,
performing such functions that are necessary to excise them or otherwise
prepare them for release. Review does not include time spent resolving
general legal or policy issues regarding the application of FOIA exemptions.

(4) The term commercial use request refers to a request from or on behalf of
one who seeks information for a use or purpose that furthers the commercial
interests of the requester. In determining whether a requester properly
falls within this category, the Commission shall determine the use to which
a requester will put the documents requested. Where the Commission has
reasonable cause to question the use to which a requester will put the
documents sought, or where that use is not clear from the request itself,
the Commission shall seek additional clarification before assigning the
request to a specific category.

(5) The term educational institution refers to a preschool, a public or
private elementary or secondary school, an institution or graduate higher
education, an institution of professional education and an institution of
vocational education, which operates a program or programs of scholarly
research.

(6) The term non-commercial scientific institution refers to an institution
that is not operated on a commercial basis as that term is referenced in
paragraph (a)(4) of this section, and which is operated solely for the
purpose of conducting scientific research the results of which are not
intended to promote any particular product or industry.

(7) The term representative of the news media refers to any person actively
gathering news for an entity that is organized and operated to publish or
broadcast news to the public. The term news means information that is about
current events or that would be of current interest to the public. Examples
of news media entities include television or radio stations broadcasting to
the public at large, and publishers of periodicals (but only in those
instances where they can qualify as disseminators of “news”) who make their
products available for purchase or subscription by the general public. These
examples are not intended to be all inclusive. Moreover, as traditional
methods of news delivery evolve (e.g., electronic dissemination of
newspapers through telecommunications services), such alternative media
would be included in this category. In the case of “freelance” journalists,
they may be regarded as working for a news organization if they can
demonstrate a solid basis for expecting publication through that
organization, even though not actually employed by it.

[ 53 FR 39093 , Oct. 5, 1988]

§ 0.467 Search and review fees.

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(a)(1) Subject to the provisions of this section, an hourly fee shall be
charged for recovery of the full, allowable direct costs of searching for
and reviewing records requested under §0.460(e) or §0.461, unless such fees
are precluded or waived pursuant to §0.470. The fee is based on the grade
level of the employee(s) who conduct(s) the search or review, as specified
in the following schedule:
Grade Hourly fee
GS–1 12.85
GS–2 13.99
GS–3 15.77
GS–4 17.70
GS–5 19.80
GS–6 22.07
GS–7 24.53
GS–8 27.17
GS–9 30.00
GS–10 33.04
GS–11 36.30
GS–12 43.51
GS–13 51.74
GS–14 61.14
GS–15 71.92

Note: These fees will be modified periodically to correspond with
modifications in the rate of pay approved by Congress.

(2) The fees in paragraph (a)(1) of this section were computed at Step 5 of
each grade level based on the General Schedule effective January 2007 and
include 20 percent for personnel benefits.

(b) Search fees may be assessed for time spent searching, even if the
Commission fails to locate the records or if the records are determined to
be exempt from disclosure.

(c) The Commission shall charge only for the initial review, i.e., the
review undertaken initially when the Commission analyzes the applicability
of a specific exemption to a particular record. The Commission shall not
charge for review at the appeal level of an exemption already applied.
However, records or portions of records withheld in full under an exemption
that is subsequently determined not to apply may be reviewed again to
determine the applicability of other exemptions not previously considered.
The costs of such a subsequent review, under these circumstances, are
properly assessable.

(d) The fee charged will not exceed an amount based on the time typically
required to locate records of the kind requested.

(e) If the Commission estimates that search charges are likely to exceed $25
or the amount which the requester indicated he/she is prepared to pay, then
it shall notify the requester of the estimated amount of fees. Such a notice
shall offer the requester the opportunity to confer with Commission
personnel with the object of revising or clarifying the request.

(f) When the search has been completed, the custodian of the records will
give notice of the charges incurred to the person who made the request.

(g) The fee shall be paid to the Financial Management Division, Office of
Managing Director, or as otherwise directed by the Commission.

(h) Records shall be inspected within 7 days after notice is given that they
have been located and are available for inspection. After that period, they
will be returned to storage, and additional charges may be imposed for again
producing them.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
303, 397; 47 CFR 0.231(d))

[ 40 FR 7316 , Feb. 19, 1975, as amended at 45 FR 85028 , Dec. 24, 1980; 49 FR 13368 , Apr. 4, 1984. Redesignated and amended at 53 FR 39093 , Oct. 5, 1988;
59 FR 21946 , Apr. 27, 1994; 64 FR 31139 , June 10, 1999; 65 FR 51234 , Aug.
23, 2000; 66 FR 42453 , Aug. 13, 2001; 67 FR 58543 , Sept. 17, 2002; 68 FR 4105 , Jan. 28, 2003; 69 FR 13746 , Mar. 24, 2004; 70 FR 6593 , Feb. 8, 2005;
71 FR 9266 , Feb. 23, 2006; 72 FR 5632 , Feb. 7, 2007]

§ 0.468 Interest.

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Interest shall be charged those requesters who fail to pay the fees charged.
The agency will begin assessing interest charges on the amount billed
starting on the 31st day following the day on which the billing was sent.
The date on which the payment is received by the agency will determine
whether and how much interest is due. The interest shall be set at the rate
prescribed in 31 U.S.C. 3717.

[ 53 FR 39094 , Oct. 5, 1988]

§ 0.469 Advance payments.

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(a)(1) The Commission may not require advance payment of estimated FOIA fees
except as provided in subsection (a)(2) or where the Commission estimates or
determines that allowable charges that a requester may be required to pay
are likely to exceed $250.00 and the requester has no history of payment.
Where allowable charges are likely to exceed $250.00 and the requester has a
history of prompt payment of FOIA fees the Commission may notify the
requester of the estimated cost and obtain satisfactory assurance of full
payment.

(2) Where a requester has previously failed to pay a fee charged in a timely
fashion (i.e., within 30 days of the date of the billing), the Commission
may require the requester to pay the full amount owed plus any applicable
interest as provided in §0.468, and to make an advance payment of the full
amount of the estimated fee before the Commission begins to process a new
request or a pending request from that requester.

(3) When the Commission acts under paragraph (a) (1) or (2) of this section,
the administrative time limits prescribed in subsection (a)(6) of the FOIA
(i.e., 10 working days from receipt of initial requests and 20 working days
from receipt of appeals from initial denials, plus permissible extensions of
these time limits) will begin only after the agency has received the fee
payments described above.

(b) [Reserved]

[ 53 FR 39094 , Oct. 5, 1988]

§ 0.470 Assessment of fees.

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(a)(1) Commercial use requesters. When the Commission receives a request for
documents for commercial use, it will assess charges that recover the full
direct cost of searching for, reviewing and duplicating the records sought
pursuant to §§0.466 and 0.467, above.

(2) Educational and non-commercial scientific institution requesters and
requesters who are representatives of the news media. The Commission shall
provide documents to requesters in these categories for the cost of
reproduction only, pursuant to §0.465 above, excluding reproduction charges
for the first 100 pages, provided however, that requesters who are
representatives of the news media shall be entitled to a reduced assessment
of charges only when the request is for the purpose of disseminating
information.

(3) All other requesters. The Commission shall charge requesters who do not
fit into any of the categories above fees which cover the full, reasonable
direct cost of searching for and reproducing records that are responsive to
the request, pursuant to §§0.467 and 0.465 above, except that the first 100
pages of reproduction and the first two hours of search time shall be
furnished without charge.

(b)(1) The 100 page restriction on assessment of reproduction fees in
paragraphs (a)(2) and (a)(3) of this section refers to 100 paper copies of a
standard size, which will normally be “81/2×11” or “11×14,” or microfiche
containing the equivalent of 100 pages or 100 pages of computer printout.
Requesters will not be entitled to 100 microfiche.

(2) When the agency reasonably believes that a requester or group of
requesters is attempting to segregate a request into a series of separate
individual requests for the purpose of evading the assessment of fees, the
agency will aggregate any such requests and assess charges accordingly.

(c) When a requester believes he is entitled to a restricted fee assessment
pursuant to paragraphs (a)(2) and (a)(3), of this section , or a waiver
pursuant to paragraph (e) of this section, the requester must include, in
his original FOIA request, a statement explaining with specificity, the
reasons demonstrating that he/she qualifies for a restricted fee or a fee
waiver. Included in this statement should be a certification that the
information will not be used to further the commercial interests of the
requester.

Note: Anyone requesting a restricted fee must submit the request directly to
the Commission and not to the contractor who will provide documents only at
the contract price.

(d) If the Commission reasonably believes that a commercial interest exists,
based on the information provided pursuant to paragraph (c) of this section,
the requester shall be so notified and given an additional 5 working days to
provide further information to justify receiving a restricted fee. During
this time period, the materials will be available for inspection to the
extent that the time period exceeds the 10 or 20 day time period for
responding to FOIA requests, as appropriate.

(e) Copying, search and review charges shall be waived or reduced by the
General Counsel, when “disclosure of the information is in the public
interest because it is likely to contribute significantly to public
understanding of the operations or activities of the government and is not
primarily in the commercial interest of the requester.” 5 U.S.C.
552(a)(4)(A)(iii).

(f) The Commission shall not assess any fees if the routine cost of
collecting the fee would be equal to or greater than the fee itself.

[ 53 FR 39094 , Oct. 5, 1988]

Places for Making Submittals or Requests, for Filing Applications, and for
Taking Examinations

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§ 0.471 Miscellaneous submittals or requests.

top

Persons desiring to make submittals or requests of a general nature should
communicate with the Secretary of the Commission.

[ 36 FR 15121 , Aug. 13, 1971]

§ 0.473 Reports of violations.

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Reports of violations of the Communications Act or of the Commission's rules
and regulations may be submitted to the Commission in Washington or to any
field office.

[ 32 FR 10578 , July 19, 1967]

§ 0.475 Applications for employment.

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Persons who wish to apply for employment should communicate with the
Associate Managing Director-Personnel Management.

(Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 49 FR 13368 , Apr. 4, 1984]

§ 0.481 Place of filing applications for radio authorizations.

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For locations for filing applications, and appropriate fees, see §§1.1102
through 1.1107 of this chapter.

[ 69 FR 41130 , July 7, 2004]

§ 0.482 Application for waiver of wireless radio service rules.

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All requests for waiver of the rules ( see §1.925) governing the Wireless
Radio Services ( see §1.907) that require a fee ( see §1.1102) shall be
submitted via the Universal Licensing System or to the Mellon Bank,
Pittsburgh, Pennsylvania at the address set forth in §1.1102. Waiver
requests that do not require a fee should be submitted via the Universal
Licensing System or to: Federal Communications Commission, 1270 Fairfield
Road, Gettysburg, Pennsylvania 17325–7245. Waiver requests attached to
applications must be submitted in accordance with §0.401(b) or §0.401(c) of
the rules.

[ 63 FR 68919 , Dec. 14, 1998]

§ 0.483 Applications for amateur or commercial radio operator licenses.

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(a) Application filing procedures for amateur radio operator licenses are
set forth in part 97 of this chapter.

(b) Application filing procedures for commercial radio operator licenses are
set forth in part 13 of this chapter. Detailed information about application
forms, filing procedures, and places to file applications for commercial
radio operator licenses is contained in the bulletin “Commercial Radio
Operator Licenses and Permits.” This bulletin is available from any
Commission field office or the FCC, Washington, DC 20554.

[ 47 FR 53378 , Nov. 26, 1982]

§ 0.484 Amateur radio operator examinations.

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Generally, examinations for amateur radio operation licenses shall be
administered at locations and times specified by volunteer examiners. (See
§97.509). When the FCC conducts examinations for amateur radio operator
licenses, they shall take place at locations and times designated by the
FCC.

[ 58 FR 13021 , Mar. 9, 1993]

§ 0.485 Commercial radio operator examinations.

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Generally, written and telegraphy examinations for commercial radio operator
licenses shall be conducted at locations and times specified by commercial
operator license examination managers. (See §13.209 of this chapter). When
the FCC conducts these examinations, they shall take place at locations and
times specified by the FCC.

[ 58 FR 9124 , Feb. 19, 1993]

§ 0.489 Applications for ship radio inspection and periodical survey.

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Applications for ship radio inspection or for periodical survey shall be
forwarded to the radio district office nearest the desired port of
inspection or place of survey.

[ 28 FR 12413 , Nov. 22, 1963. Redesignated at 32 FR 10578 , July 19, 1967]

§ 0.491 Application for exemption from compulsory ship radio requirements.

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Applications for exemption filed under the provisions of sections 352(b) or
383 of the Communications Act; Regulation 4, chapter I of the Safety
Convention; Regulation 5, chapter IV of the Safety Convention; or Article IX
of the Great Lakes Agreement, must be filed as a waiver request using the
procedures specified in §0.482 of this part. Emergency requests must be
filed via the Universal Licensing System or at the Federal Communications
Commission, Office of the Secretary.

[ 71 FR 15618 , Mar. 29, 2006]

§ 0.493 Non-radio common carrier applications.

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All such applications shall be filed at the Commission's offices in
Washington, DC.

[ 28 FR 12413 , Nov. 22, 1963. Redesignated at 32 FR 10578 , July 19, 1967]

Subpart D—Mandatory Declassification of National Security Information

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Authority: Secs. 4(i), 303(r), Communications Act of 1934, as amended (47
U.S.C. 154(i) and 303(r)).

Source: 47 FR 53377 , Nov. 26, 1982, unless otherwise noted.

§ 0.501 General.

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Executive Order 12356 requires that information relating to national
security be protected against unauthorized disclosure as long as required by
national security considerations. The Order also provides that all
information classified under Executive Order 12356 or predecessor orders be
subject to a review for declassification upon receipt of a request made by a
United States citizen or permanent resident alien, a Federal agency, or a
state or local government.

§ 0.502 Purpose.

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This subpart prescribes the procedures to be followed in submitting
requests, processing such requests, appeals taken from denials of
declassification requests and fees and charges.

§ 0.503 Submission of requests for mandatory declassification review.

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(a) Requests for mandatory review of national security information shall be
in writing, addressed to the Managing Director, and reasonably describe the
information sought with sufficient particularity to enable Commission
personnel to identify the documents containing that information and be
reasonable in scope.

(b) When the request is for information originally classified by the
Commission, the Managing Director shall assign the request to the
appropriate bureau or office for action.

(c) Requests related to information, either derivatively classified by the
Commission or originally classified by another agency, shall be forwarded,
together with a copy of the record, to the originating agency. The
transmittal may contain a recommendation for action.

§ 0.504 Processing requests for declassification.

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(a) Responses to mandatory declassification review requests shall be
governed by the amount of search and review time required to process the
request. A final determination shall be made within one year from the date
of receipt of the request, except in unusual circumstances.

(b) Upon a determination by the bureau or office that the requested material
originally classified by the Commission no longer warrants protection, it
shall be declassified and made available to the requester, unless
withholding is otherwise authorized under law.

(c) If the information may not be declassified or released in whole or in
part, the requester shall be notified as to the reasons for the denial,
given notice of the right to appeal the denial to the Classification Review
Committee, and given notice that such an appeal must be filed within 60 days
of the date of denial in order to be considered.

(d) The Commission's Classification Review Committee, consisting of the
Managing Director (Chairman), the General Counsel or his designee, and the
Chief, Internal Review and Security Division, shall have authority to act,
within 30 days, upon all appeals regarding denials of requests for mandatory
declassification of Commission-originated classifications. The Committee
shall be authorized to overrule previous determinations in whole or in part
when, in its judgment, continued classification is no longer required. If
the Committee determines that continued classification is required under the
criteria of the Order, the requester shall be promptly notified and advised
that an application for review may be filed with the Commission pursuant to
47 CFR 1.115.

§ 0.505 Fees and charges.

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(a) The Commission has designated a contractor to make copies of Commission
records and offer them for sale (See §0.465).

(b) An hourly fee is charged for recovery of the direct costs of searching
for requested documents (See §0.466).

§ 0.506 FOIA and Privacy Act requests.

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Requests for declassification that are submitted under the provisions of the
Freedom of Information Act, as amended, (See §0.461), of the Privacy Act of
1974, (See §0.554) shall be processed in accordance with the provisions of
those Acts.

Subpart E—Privacy Act Regulations

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Authority: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 (47 U.S.C. 154,
303).

Source: 40 FR 44512 , Sept. 26, 1975, unless otherwise noted.

§ 0.551 Purpose and scope; definitions.

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(a) The purpose of this subpart is to implement the Privacy Act of 1974, 5
U.S.C. 552(a), and to protect the rights of the individual in the accuracy
and privacy of information concerning him which is contained in Commission
records. The regulations contained herein cover any group of records under
the Commission's control from which information about individuals is
retrievable by the name of an individual or by some other personal
identifier.

(b) In this subpart:

(1) Individual means a citizen of the United States or an alien lawfully
admitted for permanent residence;

(2) Record means any item, collection or grouping of information about an
individual that is maintained by the Commission, including but not limited
to, such individual's education, financial transactions, medical history,
and criminal or employment history, and that contains such individual's
name, or the identifying number, symbol, or other identifying particular
assigned to the individual, such as a finger or voice print or a photograph.

(3) System of Records means a group of records under the control of the
Commission from which information is retrievable by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual;

(4) Routine Use means, with respect to the disclosure of a record, the use
of such record for a purpose which is compatible with the purpose for which
it was collected;

(5) System Manager means the Commission official responsible for the
storage, maintenance, safekeeping, and disposal of a system of records.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984]

§ 0.552 Notice identifying Commission systems of records.

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The Commission publishes in theFederal Registerupon establishment or
revision a notice of the existence and character of the system of records,
including for each system of records:

(a) The name and location of the system;

(b) The categories of individuals on whom records are maintained in the
system;

(d) Each routine use of the records contained in the system, including the
categories of users and the purposes of such use;

(e) The policies and practices of the agency regarding storage,
retrievability, access controls, retention, and disposal of the records;

(f) The title and business address of the system manager;

(g) The address of the agency office to which inquiries should be addressed
and the addresses of locations at which the individual may inquire whether a
system contains records pertaining to himself;

(h) The agency procedures whereby an individual can be notified how access
can be gained to any record pertaining to that individual contained in a
system of records, and the procedure for correcting or contesting its
contents; and

(i) The categories of sources of records in the system.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984]

§ 0.553 New uses of information.

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Before establishing a new routine use of a system of records, the Commission
will publish a notice in theFederal Registerof its intention to do so, and
will provide at least 30 days for public comment on such use. The notice
will contain:

(a) The name of the system of records for which the new routine use is to be
established;

(b) The authority for the system;

(d) The proposed routine use(s); and

(e) The categories of recipients for each proposed routine use.

§ 0.554 Procedures for requests pertaining to individual records in a system
of records.

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(a) Upon request, the Commission will notify individuals as to whether it
maintains information about them in a system of records and, subject to the
provisons of §0.555(b), will disclose the substance of such information to
that individual. In order to properly request notification or access to
record information, reference must be made to the Notice described in
§0.552. A table of contents, which is alphabetized by bureau or office,
precedes the system descriptions and allows members of the public to easily
identify record systems of interest to them. An individual may inquire into
information contained in any or all systems of records described in the
Notice. However, each inquiry shall be limited to information from systems
located within a single bureau or office and shall be addressed to that
bureau or office.

(b) Reasonable identification is required of all individuals making requests
pursuant to paragraph (a) of this section in order to assure that disclosure
of any information is made to the proper person.

(1) Individuals who choose to register a request for information in person
may verify their identity by showing any two of the following: social
security card; drivers license; employee identification card; medicare card;
birth certificate; bank credit card; or other positive means of
identification. Documents incorporating a picture and/or signature of the
individual shall be produced if possible. If an individual cannot provide
suitable documentation for identification, that individual will be required
to sign an identity statement stipulating that knowingly or willfully
seeking or obtaining access to records about another person under false
pretenses is punishable by a fine of up to $5,000.

Note: An individual's refusal to disclose his social security number shall
not constitute cause in and of itself, for denial of a request.

(2) All requests for record information sent by mail shall be signed by the
requestor and shall include his printed name, current address and telephone
number (if any). Commission officials receiving such requests will attempt
to verify the identity of the requestor by comparing his or her signature to
those in the record. If the record contains no signatures and if positive
identification cannot be made on the basis of other information submitted,
the requestor will be required to sign an identity statement and stipulate
that knowingly or willfully seeking or obtaining access to records about
another person under false pretense is punishable by a fine of up to $5,000.

(3) If positive identification cannot be made on the basis of the
information submitted, and if data in the record is so sensitive that
unauthorized access could cause harm or embarrassment to the individual to
whom the record pertains, the Commission reserves the right to deny access
to the record pending the production of additional more satisfactory
evidence of identity.

Note: The Commission will require verification of identity only where it has
determined that knowledge of the existence of record information or its
substance is not subject to the public disclosure requirements of the
Freedom of Information Act, 5 U.S.C. 552, as amended.

(c) All requests for notification of the existence of record information or
for access to such information shall be delivered to the business address of
the system manager responsible for the system of records in question, except
that requests relating to official personnel records shall be addressed to
the Associate Managing Director—Personnel Management. Such addresses can be
found in theFederal RegisterNotice described in §0.552.

(d) A written acknowledgement of receipt of a request for notification
and/or access will be provided within 10 days (excluding Saturdays, Sundays,
and legal public holidays) to the individual making the request. Such an
acknowledgement may, if necessary, request any additional information needed
to locate a record. A search of all systems of records identified in the
individual's request will be made to determine if any records pertaining to
the individual are contained therein, and the individual will be notified of
the search results as soon as the search has been completed. Normally, a
request will be processed and the individual notified of the search results
within 30 days (excluding Saturdays, Sundays, and legal holidays) from the
date the inquiry is received. However, in some cases, as where records have
to be recalled from Federal Record Centers, notification may be delayed. If
it is determined that a record pertaining to the individual making the
request does exist, the notification will state approximately when the
record will be available for personal review. No separate acknowledgement is
required if the request can be processed and the individual notified of the
search results within the ten-day period.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984]

§ 0.555 Disclosure of record information to individuals.

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(a) Individuals having been notified that the Commission maintains a record
pertaining to them in a system of records may request access to such record
in one of three ways: by in person inspection at the system location; by
transfer of the record to a nearer location; or by mail.

(1) Individuals who wish to review their records at the system location must
do so during regular Commission business hours (8:00 a.m.–4:30 p.m., Monday
through Friday). For personal and administrative convenience, individuals
are urged to arrange to review a record by appointment. Preferences as to
specific dates and times can be made by writing or calling the system
manager responsible for the system of records in question at least two days
in advance of the desired appointment date, and by providing a telephone
number where the individual can be reached during the day in case the
appointment must be changed. Verification of identity is required as in
§0.554(b)(1) before access will be granted an individual appearing in
person. Individuals may be accompanied by a person of his or her own
choosing when reviewing a record. However, in such cases, a written
statement authorizing discussion of their record in the presence of a
Commission representative having physical custody of the records.

(2) Individuals may request that a record be transferred to a Commission
field office or installation in the vicinity of his or her home and that
access be granted at that location. The addresses of Commission field
offices are listed in §0.121. A request to transfer records must specify the
exact location where the records should be sent and a telephone number to
call when the information is available for review at the field location.
Paragraph (a)(1) of this section regarding personal appointments,
verification of identity accompanying persons, and disclosure of original
records applies equally to this paragraph.

(3) Individuals may request that copies of records be sent directly to them.
In such cases, individuals must verify their identity as §0.554(b)(2) and
provide an accurate return address. Records shall be sent only to that
address.

(b) The disclosure of record information under this section is subject to
the following limitations:

(1) Records containing medical information pertaining to an individual are
subject to individual access under this section unless, in the judgment of
the system manager having custody of the records after consultation with a
medical doctor, access to such record information could have an adverse
impact on the individual. In such cases, a copy of the record will be
delivered to a medical doctor named by the individual.

(2) Classified material, investigative material compiled for law enforcement
purposes, investigatory material compiled solely for determining suitability
for Federal employment or access to classified information, and certain
testing or examination material shall be removed from the records to the
extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a). Section 0.561
of this subpart sets forth the systems of records maintained by the
Commission which are either totally or partially exempt from disclosure
under this subparagraph.

(c) No fee will be imposed if the number of pages of records requested is 25
or less. Requests involving more than 25 pages shall be submitted to the
duplicating contractor (see §0.456(a)).

(d) The provisions of this section in no way give an individual the right to
access any information compiled in reasonable anticipation of a civil action
or proceeding.

(e) In the event that a determination is made denying an individual access
to records pertaining to that individual for any reason, such individual may
either:

(1) Seek administrative review of the adverse determination. Such a request
shall be in writing and should be addressed to the system manager who made
the initial decision. In addition, the request for review shall state
specifically why the initial decision should be reversed.

(2) Seek judicial relief in the district courts of the United States
pursuant to paragraph (g)(1)(B) of the Act.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 40 FR 58858 , Dec. 19, 1975; 49 FR 13369 , Apr. 4, 1984]

§ 0.556 Request to correct or amend records.

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(a) An individual may request the amendment of information contained in
their record. Except as otherwise provided in this paragraph, the request to
amend should be submitted in writing to the system manager responsible for
the records. Requests to amend the official personnel records of active FCC
employees should be submitted to the Associate Managing Director—Human
Resources Management, 445 12th Street, SW., Washington, D.C. 20554. Requests
to amend official personnel records of former FCC employees should be sent
to the Assistant Director for Work Force Information, Compliance and
Investigations Group, Office of Personnel Management, 1900 E Street, NW.,
Washington, D.C. 20415. Any request to amend should contain as a minimum:

(1) The identity verification information required by §0.554(b)(2) and the
information needed to locate the record as required by §0.554(a).

(2) A brief description of the item or items of information to be amended;
and

(3) The reason for the requested change.

(b) A written acknowledgement of the receipt of a request to amend a record
will be provided within 10 days (excluding Saturdays, Sundays, and legal
public holidays) to the individual requesting the amendment. Such an
acknowledgement may, if necessary, request any additional information needed
to make a determination. There will be no acknowledgement if the request can
be reviewed, processed, and the individual notified of compliance or denial
within the 10 day period.

(c) The responsible system manager, or in the case of official personnel
records of active FCC employees, the Associate Managing Director—Personnel
Management, shall (normally within 30 days) take one of the following
actions regarding a request to amend:

(1) If the system manager agrees that an amendment to the record is
warranted, the system manager shall:

(i) So advise the individual in writing;

(ii) Correct the record in compliance with the individual's request; and

(iii) If an accounting of disclosures has been made, advise all previous
recipients of the fact that the record has been corrected and of the
substance of the correction.

(2) If the system manager, after an initial review, does not agree that all
or any portion of the record merits amendment, the system manager shall:

(i) Notify the individual in writing of such refusal to amend and the
reasons therefore;

(ii) Advise the individual that further administrative review of the initial
decision by the full Commission may be sought pursuant to the procedures set
forth in §0.557. (In cases where the request to amend involves official
personnel records, review is available exclusively from the Assistant
Director for Work Force Information, Compliance and Investigations Group,
Office of Personnel Management, Washington, DC 20415; and

(iii) Inform the individual of the procedures for requesting Commission
review pursuant to §0.557.

(d) In reviewing a record in response to a request to amend, the system
manager shall assess the accuracy, relevance, timeliness, or completeness of
the record in light of each data element placed into controversy and the use
of the record in making decisions that could possibly affect the individual.
Moreover, the system manager shall ajudge the merits of any request to
delete information based on whether or not the information in controversy is
both relevant and necessary to accomplish a statutory purpose required of
the Commission by law or executive order of the President.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 45 FR 39850 , June 12, 1980; 49 FR 13369 , Apr. 4, 1984; 65 FR 58466 , Sept. 29, 2000]

§ 0.557 Administrative review of an initial decision not to amend a record.

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(a) Individuals have 30 days from the date of the determination not to amend
a record consistent with their request to seek further administrative review
by the full Commisison. Such a request shall be in writing and should be
addressed to either the system manager who made the initial adverse
decision, or, in the case of official personnel records of active FCC
employees, to the Assistant Director for Work Force Information, Compliance
and Investigations Group, Office of Personnel Management, Washington, DC
20415. Any request for administrative review must:

(1) Clearly identify the questions presented for review (e.g., whether the
record information in question is, in fact, accurate; whether information
subject to a request to delete is relevant and necessary to the purpose for
which it is maintained);

(2) Specify with particularity why the decision reached by the system
manager is erroneous or inequitable; and

(3) Clearly state how the record should be amended or corrected.

(b) The Commission shall conduct an independent review of the record in
controversy using the standards of review set out in §0.556(d). It may seek
such additional information as is necessary to make its determination. Final
administrative review shall be completed not later than 30 days (excluding
Saturdays, Sundays and legal public holidays) from the date on which the
individual requests such review unless the Chairman determines that a fair
and equitable review cannot be made within the 30 day period. In such event,
the individual will be informed in writing of the reasons for the delay and
the approximate date on which the review is expected to be completed.

(c) If upon review of the record in controversy the Commission agrees with
the individual that the requested amendment is warranted, the Commission
will proceed in accordance with §0.556(c)(1) (i) through (iii).

(d) If after the review, the Commission also refuses to amend the record as
requested, it shall:

(1) Notify the individual in writing of its refusal and the reasons
therefore;

(2) Advise the individual that a concise statement of the reasons for
disagreeing with the decision of the Commisison may be filed;

(3) Inform the individual:

(i) That such a statement should be signed and addressed to the system
manager having custody of the record in question;

(ii) That the statement will be made available to any one to whom the record
is subsequently disclosed together with, at the Commission's discretion, a
summary of its reasons for refusing to amend the record; and

(iii) That prior recipients of the record will be provided a copy of the
statement of dispute to the extent that an accounting of such disclosures is
maintained; and

(4) Advise the individual that judicial review of the Commisison's decision
not to amend the record in any district court of the United States is
available.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 45 FR 39850 , June 12, 1980; 49 FR 13369 , Apr. 4, 1984]

§ 0.558 Advice and assistance.

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Individuals who have questions regarding the procedures contained in this
subpart for gaining access to a particular system of records or for
contesting the contents of a record, either administratively or judicially,
should write or call the Privacy Liaison Officer at the following address:

Federal Communications Commission, Office of General Counsel, 445 12th
Street, SW., Washington, DC 20554.

Individuals who request clarification of the Notice described in §0.552 or
who have questions concerning the characterization of specific systems of
records as set forth therein, should write or call the Privacy Liaison
Officer at the following address:

Federal Communications Commission, Performance Evaluation and Records
Management, Office of the Managing Director, 445 12th Street, SW.,
Washington, DC 20554

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13369 , Apr. 4, 1984; 65 FR 58466 , Sept. 29, 2000]

§ 0.559 Disclosure of disputed information to persons other than the
individual to whom it pertains.

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If the Commission determines not to amend a record consistent with an
individual's request, and if the individual files a statement of
disagreement pursuant to §0.557(d)(2), the Commission shall clearly annotate
the record so that the disputed portion becomes apparent to anyone who may
subsequently have access to, use or disclose the record. A copy of the
individual's statement of disagreement shall accompany any subsequent
disclosure of the record. In addition, the Commission may include a brief
summary of its reasons for not amending the record when disclosing the
record. Such statements become part of the individual's record for granting
access, but are not subject to the amendment procedures of §0.556.

§ 0.560 Penalty for false representation of identity.

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Any individual who knowingly and willfully requests or obtains under false
pretenses any record concerning an individual from any system of records
maintained by the Commission shall be guilty of a misdemeanor and subject to
a fine of not more than $5,000.

§ 0.561 Exemptions.

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The following systems of records are totally or partially exempt from
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the
Privacy Act of 1974, 5 U.S.C. 552(a), and from §§0.554 through 0.557 of this
subpart:

(a) System name. Radio Operator Records—FCC/FOB–1. Parts of this system of
records are exempt pursuant to Section (k)(2) of the Act because they
contain investigatory material compiled solely for law enforcement purposes.

(b) System name. Violators File (records kept on individuals who have been
subjects of FCC field enforcement actions)—FCC/FOB–2. Parts of this system
of records are EXEMPT because they are maintained as a protective service
for individuals described in section 3056 of title 18, and because they are
necessary for Commission employees to perform their duties, pursuant to
sections (k) (1), (2), and (3) of the Act.

(c) System name. Attorney Misconduct Files—FCC/OGC–2. This system of records
is exempt pursuant to section 3(k)(2) of the Act because it is maintained
for law enforcement purposes.

(d) System name. Licensees or Unlicensed Persons Operating Radio Equipment
Improperly—FCC. Parts of this system of records are exempt pursuant to
section 3(k)(2) of the Act because they embody investigatory material
compiled solely for law enforcement purposes.

(e) System name. Personnel Investigation Records—FCC/Central–6. Parts of
these systems of records are exempt because they emobdy investigatory
material pursuant to sections 3(k)(2) and 3(k)(5) of the Act as applicable.

(f) System name. Criminal Investigative Files—FCC/OIG–1. Compiled for the
purpose of criminal investigations. This system of records is exempt
pursuant to section (j)(2) of the Act because the records contain
investigatory material compiled for criminal law enforcement purposes.

(g) System name. General Investigative Files—FCC/OIG–2. Compiled for law
enforcement purposes. This system of records is exempt pursuant to section
(k)(2) of the Act because the records contain investigatory material
compiled for law enforcement purposes.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C.
154(i) and 303(n); 47 CFR 0.231(d))

[ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13369 , Apr. 4, 1984; 58 FR 11549 , Feb. 26, 1993]

Subpart F—Meeting Procedures

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

Source: 42 FR 12867 , Mar. 7, 1977, unless otherwise noted.

§ 0.601 Definitions.

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For purposes of this section:

(a) The term agency means:

(1) The Commission,

(2) A board of Commissioners (see §0.212),

(3) The Telecommunications Committee (see §0.215), and

(4) Any other group of Commissioners hereafter established by the Commission
on a continuing or ad hoc basis and authorized to act on behalf of the
Commission.

(b) The term meeting means the deliberations among a quorum of the
Commission, a Board of Commissioners, or a quorum of a committee of
Commissioners, where such deliberations determine or result in the joint
conduct or disposition of official agency business, except that the term
does not include deliberations to decide whether to announce a meeting with
less than seven days notice, or whether a meeting should be open or closed.
(The term includes conference telephone calls, but does not include the
separate consideration of Commission business by Commissioners.) For
purposes of this subpart each item on the agenda of a meeting is considered
a meeting or a portion of a meeting.

[ 42 FR 12867 , Mar. 7, 1977, as amended at 48 FR 56391 , Dec. 21, 1983; 64 FR 2149 , Jan. 13, 1999]

§ 0.602 Open meetings.

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(a) All meetings shall be conducted in accordance with the provisions of
this subpart.

(b) Except as provided in §0.603, every portion of every meeting shall be
open to public observation. Observation does not include participation or
disruptive conduct by observers, and persons engaging in such conduct will
be removed from the meeting.

(c) The right of the public to observe open meetings does not alter those
rules in this chapter which relate to the filing of motions, pleadings, or
other documents. Unless such pleadings conform to the other procedural
requirements of this chapter, pleadings based upon comments or discussions
at open meetings, as a general rule, will not become part of the official
record, will receive no consideration, and no further action by the
Commission will be taken thereon.

(d) Deliberations, discussions, comments or observations made during the
course of open meetings do not themselves constitute action of the
Commission. Comments made by Commissioners may be advanced for purposes of
discussion and may not reflect the ultimate position of a Commissioner.

[ 42 FR 12867 , Mar. 7, 1977, as amended at 45 FR 63491 , Sept. 25, 1980]

§ 0.603 Bases for closing a meeting to the public.

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Except where the agency finds that the public interest requires otherwise,
an agency or advisory committee meeting may be closed to the public, and
information pertaining to such meetings which would otherwise be disclosed
to the public under §0.605 may be withheld, if the agency determines that an
open meeting or the disclosure of such information is likely to:

(a) Disclose matters that: (1) Are specifically authorized under criteria
established by executive order to be kept secret in the interest of national
defense or foreign policy, and (2) are in fact properly classified pursuant
to such executive order (see §0.457(a));

(b) Relate solely to the internal personnel rules and practices of an agency
(see §0.457(b));

(c) Disclose matters specifically exempted from disclosure, by statute
(other than the Freedom of Information Act, 5 U.S.C. 552). Provided, That
such statute (1) requires that the matters be withheld from the public in
such a manner as to leave no discretion on the issue, or (2) establishes
particular criteria for withholding or refers to particular types of matters
to be withheld (see §0.457(c));

(d) Disclose trade secrets and commercial or financial information obtained
from a person and privileged or confidential (see §0.457(d));

(e) Involve accusing any person of a crime or formally censuring any person;

(f) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy (see
§0.457(f));

(g) Disclose investigatory records compiled for law enforcement purposes, or
information which if written would be contained in such records, but only to
the extent that the production of such records or information would (1)
interfere with enforcement proceedings, (2) deprive a person of a right to a
fair trial or an impartial adjudication, (3) constitute an unwarranted
invasion of personal privacy, (4) disclose the identity of a confidential
source, and, in the case of a record compiled by a criminal law enforcement
authority in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation,
confidential information furnished only by the confidential source, (5)
disclose investigative techniques and procedures, or (6) endanger the life
or physical safety of law enforcement personnel;

(h) Disclose information contained in or related to examination, operating,
or condition reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;

(i) Disclose information the premature disclosure of which would be likely
to significantly frustrate implementation of a proposed agency action,
except where the agency has already disclosed to the public the content or
nature of the disclosed action, or where the agency is required by law to
make such disclosure on its own initiative prior to taking final agency
action on such proposal; or

(j) Specifically concern the agency's issuance of a subpoena, or the
agency's participation in a civil action or proceeding, an action in a
foreign court or international tribunal, or an arbitration, or the
initiation, conduct, or disposition by the agency of a particular case of
formal agency adjudication pursuant to the procedures specified in 5 U.S.C.
554 or otherwise involving a determination on the record after opportunity
for hearing.

§ 0.605 Procedures for announcing meetings.

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(a) Notice of all open and closed meetings will be given.

(b) The meeting notice will be submitted for publication in theFederal
Registeron or before the date on which the announcement is made. Copies will
be available in the Press and News Media Division on the day the
announcement is made. Copies will also be attached to “FCC Actions Alert”,
which is mailed to certain individuals and groups who have demonstrated an
interest in representing the public in Commission proceedings.

(c)(1) If the agency staff determines that a meeting should be open to the
public, it will, at least one week prior to the meeting, announce in writing
the time, place and subject matter of the meeting, that it is to be open to
the public, and the name and phone number of the Chief, Press and News Media
Division, who has been designated to respond to requests for information
about the meeting.

(2) If the staff determines that a meeting should be closed to the public,
it will refer the matter to the General Counsel, who will certify that there
is (or is not) a legal basis for closing the meeting to the public.
Following action by the General Counsel, the matter may be referred to the
agency for a vote on the question of closing the meeting (See §0.606).

(d)(1) If the question of closing a meeting is considered by the agency but
no vote is taken, the agency will, at least one week prior to the meeting,
announce in writing the time, place and subject matter of the meeting, that
it is to be open to the public, and the name and phone number of the Chief,
Press and News Media Division.

(2) If a vote is taken, the agency will, in the same announcement and within
one day after the vote, make public the vote of each participating
Commissioner.

(3) If the vote is to close the meeting, the agency will also, in that
announcement, set out a full written explanation of its action, including
the applicable provision(s) of §0.603, and a list of persons expected to
attend the meeting, including Commission personnel, together with their
affiliations. The Commissioners, their assistants, the General Counsel, the
Executive Director, the Chief, Press and News Media Division, and the
Secretary are expected to attend all Commission meetings. The appropriate
Bureau or Office Chief and Division Chief are expected to attend meetings
which relate to their responsibilities (see subpart A of this part).

(4) If a meeting is closed, the agency may omit from the announcement
information usually included, if and to the extent that it finds that
disclosure would be likely to have any of the consequences listed in §0.603.

(e) If the prompt and orderly conduct of agency business requires that a
meeting be held less than one week after the announcement of the meeting, or
before that announcement, the agency will issue the announcement at the
earliest practicable time. In addition to other information, the
announcement will contain the vote of each member of the agency who
participated in the decision to give less than seven days notice, and the
particular reason for that decision.

(f) If, after announcement of a meeting, the time or place of the meeting is
changed or the meeting is cancelled, the agency will announce the change at
the earliest practicable time.

(g) If the subject matter or the determination to open or close a meeting is
changed, the agency will publicly announce the change and the vote of each
member at the earliest practicable time. The announcement will contain a
finding that agency business requires the change and that no earlier
announcement of the change was possible.

(47 U.S.C. 154, 155, 303)

[ 42 FR 12867 , Mar. 7, 1977, as amended at 44 FR 12425 , Mar. 7, 1979; 44 FR 70472 , Dec. 7, 1979; 64 FE 2150, Jan. 13, 1999]

§ 0.606 Procedures for closing a meeting to the public.

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(a) For every meeting closed under §0.603, the General Counsel will certify
that there is a legal basis for closing the meeting to the public and will
state each relevant provision of §0.603. The staff of the agency will refer
the matter to the General Counsel for certification before it is referred to
the agency for a vote on closing the meeting. Certifications will be
retained in a public file in the Office of the Secretary.

(b) The agency will vote on the question of closing a meeting.

(1) If a member of the agency requests that a vote be taken;

(2) If the staff recommends that a meeting be closed and one member of the
agency requests that a vote be taken; or

(3) If a person whose interests may be directly affected by a meeting
requests the agency to close the meeting for any of the reasons listed in
§0.603 (e), (f) or (g), or if any person requests that a closed meeting be
opened, and a member of the agency requests that a vote be taken. (Such
requests may be filed with the Secretary at any time prior to the meeting
and should briefly state the reason(s) for opening or closing the meeting.
To assure that they reach the Commission for consideration prior to the
meeting, they should be submitted at the earliest practicable time and
should be called specifically to the attention of the Secretary—in person or
by telephone. It will be helpful if copies of the request are furnished to
the members of the agency and the General Counsel. The filing of a request
shall not stay the holding of a meeting.)

(c) A meeting will be closed to the public pursuant to §0.603 only by vote
of a majority of the entire membership of the agency. The vote of each
participating Commissioner will be recorded. No Commissioner may vote by
proxy.

(d) A separate vote will be taken before any meeting is closed to the public
and before any information is withheld from the meeting notice. However, a
single vote may be taken with respect to a series of meetings proposed to be
closed to the public, and with respect to information concerning such series
of meetings (a vote on each question, if both are presented), if each
meeting involves the same particular matters and is scheduled to be held no
later than 30 days after the first meeting in the series.

(e) Less than seven days notice may be given only by majority vote of the
entire membership of the agency.

(f) The subject matter or the determination to open or close a meeting will
be changed only if a majority of the entire membership of the agency
determines by recorded vote that agency business so requires and that no
earlier announcement of the change was possible.

[ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006]

§ 0.607 Transcript, recording or minutes; availability to the public.

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(a) The agency will maintain a complete transcript or electronic recording
adequate to record fully the proceedings of each meeting closed to the
public, except that in a meeting closed pursuant to paragraph (h) or (j) of
§0.603, the agency may maintain minutes in lieu of a transcript or
recording. Such minutes shall fully and clearly describe all matters
discussed and shall provide a full and accurate summary of any actions
taken, and the reasons therefor, including a description of each of the
views expressed on any item and the record of any roll call vote. All
documents considered in connection with any item will be identified in the
minutes.

(b) A public file of transcripts (or minutes) of closed meetings will be
maintained in the Office of the Secretary. The transcript of a meeting will
be placed in that file if, after the meeting, the responsible Bureau or
Office Chief determines, in light of the discussion, that the meeting could
have been open to the public or that the reason for withholding information
concerning the matters discussed no longer pertains. Transcripts placed in
the public file are available for inspection under §0.460. Other
transcripts, and separable portions thereof which do not contain information
properly withheld under §0.603, may be made available for inspection under
§0.461. When a transcript, or portion thereof, is made available for
inspection under §0.461, it will be placed in the public file. Copies of
transcripts may be obtained from the duplicating contractor pursuant to
§0.465(a). There will be no search or transcription fee. Requests for
inspection or copies of transcripts shall specify the date of the meeting,
the name of the agenda and the agenda item number; this information will
appear in the notice of the meeting. Pursuant to §0.465(c)(3), the
Commission will make copies of the transcript available directly, free of
charge, if it serves the financial or regulatory interests of the United
States.

(c) The Commission will maintain a copy of the transcript or minutes for a
period of at least two years after the meeting, or until at least one year
after conclusion of the proceeding to which the meeting relates, whichever
occurs later.

[ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006]

Subpart G—Intergovernmental Communication

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Source: 66 FR 8091 , Jan. 29, 2001, unless otherwise noted.

§ 0.701 Intergovernmental Advisory Committee.

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(a) Purpose and term of operations. The Intergovernmental Advisory Committee
(IAC) is established to facilitate intergovernmental communication between
municipal, county, state and tribal governments and the Federal
Communications Commission. The IAC will commence operations with its first
meeting convened under this section and is authorized to undertake its
mission for a period of two years from that date. At his discretion, the
Chairman of the Federal Communications Commission may extend the IAC's term
of operations for an additional two years, for which new members will be
appointed as set forth in paragraph (b) of this section. Pursuant to Section
204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), the
IAC is not subject to, and is not required to follow, the procedures set
forth in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988).

(b) Membership. The IAC will be composed of the following 15 members (or
their designated employees): Four elected municipal officials (city mayors
and city council members); two elected county officials (county
commissioners or council members); one elected or appointed local government
attorney; one elected state executive (governor or lieutenant governor);
three elected state legislators; one elected or appointed public utilities
or public service commissioner; and three elected or appointed Native
American tribal representatives. The Chairman of the Commission will appoint
members through an application process initiated by a Public Notice, and
will select a Chairman and a Vice Chairman to lead the IAC. The Chairman of
the Commission will also appoint members to fill any vacancies and may
replace an IAC member, at his discretion, using the appointment process.
Members of the IAC are responsible for travel and other incidental expenses
incurred while on IAC business and will not be reimbursed by the Commission
for such expenses.

(c) Location and frequency of meetings. The IAC will meet in Washington, DC
four times a year. Members must attend a minimum of fifty percent of the
IAC's yearly meetings and may be removed by the Chairman of the IAC for
failure to comply with this requirement.

(d) Participation in IAC meetings. Participation at IAC meetings will be
limited to IAC members or employees designated by IAC members to act on
their behalf. Members unable to attend an IAC meeting should notify the IAC
Chairman a reasonable time in advance of the meeting and provide the name of
the employee designated on their behalf. With the exception of Commission
staff and individuals or groups having business before the IAC, no other
persons may attend or participate in an IAC meeting.

(e) Commission support and oversight. The Chairman of the Commission, or
Commissioner designated by the Chairman for such purpose, will serve as a
liaison between the IAC and the Commission and provide general oversight for
its activities. The IAC will also communicate directly with the Chief,
Consumer & Governmental Affairs Bureau, concerning logistical assistance and
staff support, and such other matters as are warranted.

[ 68 FR 52519 , Sept. 4, 2003]
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