§  0.241   Authority delegated.

   (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, together with the Chief of the
   Wireless Telecommunications Bureau, to adopt certain technical
   standards applicable to hearing aid compatibility under § 20.19 of this
   chapter, as specified in § 20.19(k).

   (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 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.

   (e) 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.

   (f) 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.

   (g) 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.

   (h) 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;  73 FR 9463 , Feb. 21, 2008;  73 FR 25587 , May 7, 2008]