Goto Section: 0.317 | 0.332 | Table of Contents
FCC 0.331
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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. Orders conforming any of the applicable rules in
part 17 of this chapter to rules formally adopted by the Federal Aviation
Administration also need not be referred to the Commission if they do not
involve novel questions of fact, law, or policy. 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.
(f) The Chief of the Wireless Telecommunications Bureau is delegated
authority jointly with the Chief of the Office of Engineering and Technology
to administer the Spectrum Access System (SAS) and SAS Administrator
functions set forth in part 96 of this chapter. The Chief is delegated
authority to develop specific methods that will be used to designate SAS
Administrators; to designate SAS Administrators; to develop procedures that
these SAS Administrators will use to ensure compliance with the requirements
for SAS operation; to make determinations regarding the continued
acceptability of individual SAS Administrators; and to perform other
functions as needed for the administration of the SAS. The Chief is
delegated the authority to perform these same functions with regard to the
Environmental Sensing Capability.
[ 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; 79 FR 56984 , Sept. 24, 2014; 80 FR 36218 , June 23, 2015]
return arrow Back to Top
Goto Section: 0.317 | 0.332
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public