§  0.331   Authority delegated.

   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.
   Adoption of certain technical standards applicable to hearing aid
   compatibility under § 20.19 of this chapter made together with the Chief
   of the Office of Engineering and Technology, as specified in § 20.19(k)
   of this chapter, also 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;  73 FR 25587 , May 7, 2008]