(Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303)

[39 FR 28435, Aug. 7, 1974, as amended at 40 FR 7451, Feb. 20, 1975; 41 FR 7751, Feb. 20, 1976; 42 FR 42341, Aug. 23, 1977; 43 FR 36094, Aug. 15, 1978; 44 FR 39179, July 5, 1979; 45 FR 71569, Oct. 29, 1980; 48 FR 23431, May 25, 1983; 50 FR 26567, June 27, 1985; 51 FR 12615, Apr. 14, 1986; 53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4, 1989]

FIELD OPERATIONS BUREAU

§ 0.111 Functions of the Bureau.

Responsible for all Commission engineering activities performed in the field relating to radio stations and wire facilities including enforcement activities (inspection, investigation, monitoring), radio operator examination and licensing, interference suppression, and communications user liaison.

(a) Enforce the Commission's rules and regulations; monitor, inspect, and investigate all non-government communications matters.

(b) Advise the Commission and act in matters pertaining to the enforcement of the Commission's rules and regulations, licensing of commercial radio operators (Part 13), marking and lighting of antenna towers (Part 17), and field liaison with the user public and local and federal government agencies (Part 0).

(c) Participate in international conferences dealing with monitoring and measurements; serve as the point of contact for the United States government in matters of international monitoring, fixed and mobile direction finding, and interference elimination.

(d) Reduce or eliminate interference to authorized communications.

(e) Develop and implement Bureauwide management programs; prepare consolidated budget estimates and justifications for the Bureau; develop and control execution of operating budgets and financial plans.

(f) Develop and implement Bureau plans for personnel management and organization planning; maintain personnel records; coordinate external management surveys, studies, and audits of Bureau operations; conduct or coordinate internal studies of systems and procedures.

(g) Plan and coordinate requirements for administrative support services such as space and printing.

(h) Develop overall policies, programs, objectives, and priorities (budget year and beyond) for all programs and activities; review program performance, accomplishments, and effectiveness; recommend changes in policies, programs, objectives, and priorities.

(i) Analyze short and long-term technical developments and the impact of predicted growth of existing and new telecommunications services on mission and workload; recommend changes in field enforcement and public service techniques and organization to maximize bureau mission accomplishment; develop plans to integrate new and revised requirements for field enforcement and public service activities into current and future

programs.

(j) Recommend legislation and rule changes pertaining to the field enforcement and public service programs; review legislation and rulemaking proposals initiated by other offices with a potential impact on field enforcement and public service operations; determine impact in terms of enforcement techniques and organization, workload, and resource requirements.

(k) Provide projections of future requirements for technical equipment and real property requirements to support field enforcement and public service activities.

(1) Maintain liaison with other agencies and communications users on matters concerning program development and evaluation.

[48 FR 37413, Aug. 18, 1983]

85</d>57'20" W. Longitude Anchorage, Alaska

61</d>09'43" N. Latitude 149</d>59′55′′ W. Longitude Belfast, Maine

44</d>26'42" N. Latitude 69</d>04′58′′ W. Longitude Canandaigua, New York 42</d>54'48" N. Latitude 77</d>15′59′′ W. Longitude Douglas, Arizona

31</d>30'02" N. Latitude 109</d>39'12" W. Longitude Ferndale, Washington

48</d>57'21" N. Latitude 122</d>33′13′′ W. Longitude Grand Island, Nebraska 40</d>55'21" N. Latitude 98</d>25'42" W. Longitude Kingsville, Texas

27</d>26′29′′ N. Latitude 97</d>53′00′′ W. Longitude Laurel, Maryland

39</d>09'54" N. Latitude 76</d>49′17′′ W. Longitude Livermore, California

37</d>43'30" N. Latitude 121</d>45'12" W. Longitude Powder Springs, Georgia 33</d>51'44" N. Latitude 84</d>43′26′′ W. Longitude Sabana Seca, Puerto Rico 18</d>27'23" N. Latitude 66</d>13′37′′ W. Longitude Santa Isabel, Puerto Rico

18</d>00'26" N. Latitude 66</d>22′32′′ W. Longitude Vero Beach, Florida

27</d>36′21′′ N. Latitude 80</d>38′06′′ W. Longitude Waipahu, Hawaii

21</d>22'45" N. Latitude

157</d>59'54" W. Longitude

[53 FR 29054, Aug. 2, 1988]

§ 0.131

PRIVATE RADIO BUREAU

Functions of the Bureau.

The Private Radio Bureau develops, recommends, and administers policies and programs for the development and regulation of the Private Radio Services. These services include nationwide and international uses of radio by persons, businesses, state and local governments, and other organizations licensed to operate their own communications systems for their own use as an adjunct of their primary business or other activity. This program includes, among others (1) the compulsory use of radio for safety at sea purposes, and (2) the regulation of

public coast stations. The Bureau performs the following functions:

(a) Advises and makes recommendations to the Commission and acts for the Commission in matters pertaining to the regulation and development of the Private Radio Services. These matters include: Rulemaking, waivers of rules, action on applications for authorizations, adjudicative hearings, enforcement activities, legislation, and defense matters.

(b) Participates in treaty activities and all phases of international conferences concerning the Private Radio Services.

(c) Conducts studies of frequency requirements in the Private Radio Services; recommends allocations of frequencies and drafts frequency assignment plans for these services.

(d) Studies technical requirements for equipment for the Private Radio Services in accordance with standards established by the Chief Engineer.

(e) Collaborates and coordinates with Federal and State Government agencies in matters involving the Private Radio Services.

(f) Advises and assists members of industry and user groups interested in the Private Radio Services.

(g) Certifies frequency coordinators in the Private Land Mobile Radio Services, considers petitions seeking review of coordinator actions, and engages in oversight of coordinator actions and practices.

[31 FR 6832, May 7, 1966, as amended at 44 FR 39179, July 5, 1979; 45 FR 25399, Apr. 15, 1980; 51 FR 12615, Apr. 14, 1986; 51 FR 14995, Apr. 22, 1986]

8 0.181 The Defense Commissioner.

A Defense Commissioner and two Alternate Defense Commissioners are designated by the Commission. The Defense Commissioner directs the defense activities of the Commission and has the following duties and responsibilities:

(a) To keep the Commission informed as to significant developments in the field of emergency preparedness, defense mobilization, and any defense activities that involve formulation or revision of Commission policy in any area of responsibility of the Commission.

(b) To represent the Commission in national defense matters requiring conferences or communications with other governmental officers, departments, or agencies.

(c) To act as the Defense Coordinator in representations with other agencies with respect to planning for the continuity of the essential functions of the Commission under national emergency conditions, and to serve as the principal representative of the Commission to the Interagency Emergency Planning Committee of the Federal Preparedness Agency/General Serv

ices Administration.

(d) To serve as the principal representative of the Commission to the Interagency Civil Defense Committee

of the Defense Civil Preparedness Agency of the Department of Defense.

(e) To serve as the principal point of contact for the Commission on all matters pertaining to the National Communications System.

(f) To take such measures as will assure continuity of the Commission's functions under any foreseeable circumstances with a minimum of interruption.

(g) In the event of enemy attack, or the imminent threat thereof, or other disaster resulting in the inability of the Commission to function at its offices in Washington, D.C., to assume all of the duties and responsibilities of the Commission and the Chairman, until relieved or augmented by other Commissioners or members of the staff, as set forth in §§ 0.186 and 0.383.

(h) To approve national emergency plans and develop preparedness programs covering: provision of service by common carriers; broadcasting facilities, and the safety and special radio services; radio frequency assignment; electromagnetic radiation; investigation and enforcement.

(i) To perform such other duties and assume such other responsibilities related to the Commission's defense activities as may be necessary for the continuity of functions and the protection of Commission personnel and property.

[29 FR 14664, Oct. 28, 1964, as amended at 41 FR 31209, July 27, 1976]

§ 0.182 Managing Director.

(a) Recommends national emergency plans and preparedness programs covering: Provision of service by common carriers, broadcasting facilities, and the safety and special radio services; radio frequency assignment; electromagnetic radiation; investigation and enforcement.

(b) Acts as Alternate Defense Coordinator in representations with other agencies with respect to planning for the continuity of the essential functions of the Commission under national emergency conditions.

(c) Serves as the alternate representative of the Commission to the Interagency Emergency Planning Committee of the Federal Preparedness

Agency/General Services Administration; serves as the alternate representative of the Commission to the Interagency Civil Defense Committee of the Defense Civil Preparedness Agency of the Department of Defense.

(d) Provides for the Executive Secretariat for the National Industry Advisory Committee.

(e) Keeps the Defense Commissioner informed as to significant developments in the field of emergency preparedness and related defense activities.

[41 FR 31209, July 27, 1976, as amended at 50 FR 27953, July 9, 1985]

§ 0.183 Emergency Communications Administration.

The Management Planning and Program Evaluation Office, Office of the Managing Director, coordinates the National Security and Emergency Preparedness (NSEP) activities of the Federal Communications Commission including Continuity of Government Planning and the Emergency Broadcasting System (EBS) and other such functions as may be delegated during a national emergency or activation of the President's war emergency powers as specified in section 706 of the Communications Act; maintains liaison with FCC Bureaus/ Offices, other government agencies, the telecommunications industry and FCC licensees on NSEP matters; and, as requested, represents the Commission at NSEP meetings and conferences.

[53 FR 29055, Aug. 2, 1988]

§ 0.185 Responsibilities of the bureaus and staff offices.

The heads of each of the several bureaus and staff offices, in rendering advice and assistance to the Managing Director in the performance of his duties with respect to defense activities will have the following duties and responsibilities:

(a) To keep the Managing Director informed of the instigation, progress, and completion of programs, plans, or activities with respect to defense in which they are engaged or have been requested to engage.

(b) To render assistance and advice to the Managing Director on matters

which relate to the functions of their respective bureaus or staff offices.

(c) To render such assistance and advice to other agencies as may be consistent with the functions of their respective bureaus or staff offices and the Commission's policy with respect thereto.

(d) To perform such other duties related to the Commission's defense activities as may be assigned to them by the Commission.

[29 FR 14665, Oct. 28, 1964, as amended at 50 FR 27953, July 9, 1985]

§ 0.186 Emergency Relocation Board.

(a) As specified in the Commission's Continuity of Government Plan and consistent with the exercise of the War Emergency Powers of the President as set forth in section 706 of the Communications Act of 1934, as amended, an Emergency Relocation Board will be convened at the Commission's Headquarters or other relocation site designated to serve as Primary FCC Staff to perform the functions of the Commission following the announcement of national level mobilization of the Federal government by the President or other designated authority; in the absence of such announcement, immediately following receipt of an attack warning signal; or in the absence of either announcement or attack warning, immediately following an actual attack.

(b) The Board shall comprise such Commissioners as may be present and able to act. In the absence of the Chairman, the Commissioner present with the longest seniority in office will serve as acting Chairman. If no Commissioner is present and able to act, the person designated as next most senior official in the Commission's Continuity of Government Plan will head the Board.

[53 FR 29055, Aug. 2, 1988]

Subpart B-Delegations of Authority

AUTHORITY: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

EDITORIAL NOTE: Nomenclature changes to Subpart B appear at 37 FR 19372, Sept. 20, 1972.

(1) Delegations to act in non-hearing matters and proceedings. The great bulk of delegations in this category are made to bureau chiefs and other members of the Commission's staff. This category also includes delegations to individual commissioners and to boards or committees of commissioners.

(2) Delegations to rule on interlocutory matters in hearing proceedings. Delegations in this category are made to the Review Board and to the Chief Administrative Law Judge.

NOTE: Interlocutory matters which are delegated neither to the Review Board nor to the Chief Administrative Law Judge are ruled on by the presiding officer by virtue of the authority vested in him to control the course and conduct of the hearing. This authority stems from section 7 of the Administrative Procedure Act and section 409 of the Communications Act rather than from delegations of authority made pursuant to section 5(d) of the Communications Act. (See §§ 0.218 and 0.341.)

(3) Delegations to review an initial decision. Delegations in this category are made to individual commissioners, to panels of commissioners or to the Review Board.

(b) Delegations are arranged in this subpart under headings denoting the person, panel, or board to whom authority has been delegated, rather than by the categories listed in paragraph (a) of this section.

(c) Procedures pertaining to the filing and disposition of interlocutory pleadings in hearing proceedings are set forth in §§ 1.291 through 1.298 of this chapter. Procedures pertaining to appeals from rulings of the presiding officer are set forth in § 1.301. Procedures pertaining to reconsideration of the presiding officer's rulings are set forth in § 1.303. Procedures pertaining to reconsideration and review of actions taken pursuant to delegated authority are set forth in §§ 1.101, 1.102, 1.104, 1.106, 1.113, 1.115, and 1.117.

Procedures pertaining to exceptions to initial decisions are set forth in §§ 1.276-1.279.

(d) The Commission, by vote of a majority of the members then holding office, may delegate its functions either by rule or by order, and may at any time amend, modify, or rescind any such rule or order.

(1) Functions of a continuing or recurring nature are delegated by rule. The rule is published in the FEDERAL REGISTER and is included in this subpart.

(2) Functions pertaining to a particular matter or proceeding are delegated by order. The order is published in the FEDERAL REGISTER and associated with the record of that matter or proceeding, but neither the order nor any reference to the delegation made thereby is included in this subpart.

[28 FR 12402, Nov. 22, 1963, as amended at 50 FR 26567, June 27, 1985]

§ 0.203 Authority of person, panel, or board to which functions are delegated. (a) The person, panel, or board to which functions are delegated shall, with respect to such functions, have all the jurisdiction, powers, and authority conferred by law upon the Commission, and shall be subject to the same duties and obligations.

(b) Except as provided in § 1.102 of this chapter, any action taken pursuant to delegated authority shall have the same force and effect and shall be made, evidenced, and enforced in the same manner as actions of the Commission.

[28 FR 12402, Nov. 22, 1963]

§ 0.204 The exercise of delegated authority.

(a) Authority to issue orders and to enter into correspondence. Any official (or group of officials) to whom authority is delegated in this subpart is authorized to issue orders (including rulings, decisions, or other action documents) pursuant to such authority and to enter into general correspondence concerning any matter for which he is responsible under this subpart or subpart A of this part.

(b) Authority of subordinate officials. Authority delegated to any offi