§  0.111   Functions of the Bureau.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   Note to paragraph(a)(13): The Media Bureau has primary responsibility
   for complaints regarding the following: subpart A (general), with the
   exception of § 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]