Goto Section: 0.317 | 0.332 | Table of Contents
FCC 0.331
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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 exceptions and limitations in paragraphs (a) through (d)
of this section, and also the functions described in paragraph (e) of
this section.
(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.
(e) The Chief of the Wireless Telecommunications Bureau is delegated
authority jointly with the Chief of the Office of Engineering and
Technology to administer provisions of § 15.713(h)(8) of this chapter
pertaining to the registration of event sites where large numbers of
wireless microphones that operate on frequencies specified in § 74.802
of this chapter are used.
[ 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; 75 FR 75835 , Dec. 6, 2010]
Goto Section: 0.317 | 0.332
Goto Year: 2010 |
2012
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