0.451 manuals, and staff instructions. Inspection of records. 0.453 Public reference rooms. 0.455 Other locations at which records may be inspected. 0.456 General correspondence files. 0.457 Records not routinely available for public information. 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. 0.461 Requests for inspection of materials not routinely available for public inspection. 0.463 Demand by competent authority for the production of documents or testimony concerning information contained therein. 0.465 Request for copies of materials which are available, or made available, for public inspection. (a) One of the members of the Commission is designated by the President to serve as Chairman, or chief executive officer, of the Commission. As Chairman, he has the following duties and responsibilities: (1) To preside at all meetings and sessions of the Commission. (2) To represent the Commission in all matters relating to legislation and legislative reports; however, any other Commissioner may present his own or minority views or supplemental reports. (3) To represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies. (4) To coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. (b) The Commission will, in the case of a vacancy in the Office of the Chairman of the Commission, or in the absence or inability of the Chairman to serve, temporarily designate one of its members to act as Chairman until the cause or circumstance requiring such designation has been eliminated or corrected. [32 F.R. 10569, July 19, 1967] § 0.4 Standing committees of Commissioners. There are 3 standing committees of Commissioners; the Telegraph Committee, the Telephone Committee, and the Subscription Television Committee, each composed of 3 Commissioners. These committees are delegated authority to act or study and report on certain tele graph, telephone and subscription television matters from time to time. [32 F.R. 10569, July 19, 1967] § 0.5 General description of Commission organization and operations. (a) Principal staff units. The Commission is assisted in the performance of its responsibilities by its staff, which is divided into the following principal units: (1) Office of Executive Director. (3) Office of General Counsel. (5) Common Carrier Bureau. (6) Safety and Special Radio Services Bureau. (7) Field Engineering Bureau. (9) Review Board. (10) Office of Opinions and Review. (b) Staff responsibilities and functions. The organization and functions of these major staff units are described in detail in §§ 0.11-0.171. The defense and emergency preparedness functions of the Commission are set forth separately, beginning at $ 0.181. For a complete description of staff functions, reference should be made to these provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission's organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) So that the public may more readily inform itself concerning the operations of the Commission as a whole, concerning the staff officials who exercise responsibility over matters in which they are interested and concerning the relationship between the several staff units in such matters, however, a brief overall description of staff functions and responsibilities is set forth in this paragraph. (1) The Executive Director. The Executive Director is directly responsible to the Commission, works under the supervision of the Chairman, and assists him in carrying out the Commission's organizational and administrative responsibilities. His principal role is to see that other staff units work together and promptly dispose of the matters for which they are responsible. He is directly responsible for internal administrative matters such as personnel and budget planning, and supervises implementation of the Public Information Act of 1966. (2) The Chief Engineer and the General Counsel. Though primary responsibility in most established areas of regulation is lodged in other staff units, the Chief Engineer and the General Counsel are responsible for advising the Commission concerning any engineering or legal matter involved in the making and implementation of policy or in the decision of cases. For example, while policies relating solely to broadcasting are primarily the responsibility of the Broadcast Bureau, and the preparation of Commission opinions in hearing cases is primarily the responsibility of the Office of Opinions and Review, the Chief Engineer and the General Counsel may be called upon for advice and assistance in either area. The Chief Engineer and the General Counsel, in addition, exercise primary responsibility in areas of regulation which transcend the responsibilities of a single bureau. Thus, for example, the General Counsel is primarily responsible for the Rules of Practice and Procedure, Part 1 of this chapter, and the Chief Engineer is primarily responsible for frequency allocation and for other areas of regulation under Parts 2, 5, and 15. The General Counsel also represents the Commission in litigation in the courts and coordinates the preparation of the Commission's legislative program. Both the Chief Engineer and the General Counsel exercise responsibility in matters pertaining to international communications. (3) The operating bureaus. The principal work load operations of the Commission are conducted by the four operating bureaus. (i) Three of these bureaus: The Broadcast Bureau, Common Carrier Bureau, and Safety and Special Radio Services Bureau-exercise primary responsibility in the three principal areas of regulation into which the Commission has divided its responsibilities. The Broadcast Bureau, as its name indicates, is responsible for the regulation of broadcast stations (see Part 73 of this chapter) and related facilities (see Part 74). The Common Carrier Bureau is responsible for the regulation of communications common carriers whether carriage involves the use of wire or radio facilities (see Parts 21-66). The Safety and Special Radio Services Bureau is responsible for the regulation of all other radio stations with minor exceptions (e.g., experimental stations licensed under Part 5). These include amateur stations and numerous other categories of stations engaged in communication for safety, commercial or personal purposes (see Parts 81-99). Within its area of responsibility, each of these bureaus is responsible for developing and implementing a regulatory program; for processing applications for radio licenses or other filings; for the consideration of complaints and the conduct of investigations; for participation in Commission hearing proceedings as appropriate; and for the performance of such other functions as may be related to its area of responsibility. (ii) The fourth operating bureau: The Field Engineering Bureau-maintains field offices and monitoring stations throughout the United States. It is responsible for detecting violations of regulations pertaining to the use of radio and, in this connection, monitors radio transmissions, periodically inspects stations, and investigates complaints of radio frequency interference. It issues violation notices to the station in question, thereby affording it an opportunity to take corrective measures. If formal enforcement action is appropriate, the proceedings are conducted by the staff unit which exercises primary responsibility over the station in question— usually one of the other operating bureaus. The Field Engineering Bureau, in addition, exercises responsibility over commercial radio operator matters (see Part 13 of this chapter), antenna structures (see Part 17), and the use of radio for purposes other than communication (see Part 18). It also conducts amateur operator examinations. (4) Staff units which exercise responsibility for the decision of hearing cases. The Office of Hearing Examiners, the Review Board, and the Office of Opinions and Review exercise responsibility for the decision of hearing cases. The hearing examiners preside over hearing cases and issue initial decisions. In most cases, initial decisions are subject to review by the Revew Board, which is a permanent body composed of three or more senior Commission employees. Initial decisions may also be reviewed by one or more Commissioners designated by the Commission. In such cases, the Board or designated Commissioner(s) issues final decision, which is subject to possible review by the Commission. In other a cases, the initial decision is reviewed directly by the Commission en banc. The Office of Opinions and Review assists and advises the Commission, and any Commissioner(s) designated to review an initial decision, in the decision of cases which come before them. (5) The Secretary. With minor exceptions, the Secretary signs all correspondence and documents adopted by the Commission. He is custodian of the Commission's seal and records. He maintains records of Commission actions and the dockets of hearing proceedings, and is responsible for their accuracy, authenticity, and completeness. Except as otherwise provided in this chapter, he is the proper addressee and recipient of papers filed with the Commission. (6) Office of Information. The Office of Information is responsible for informing the public concerning actions which have been taken by the Commission and is the contact point for the press, the industry and the public in the matter of general information relating to the Commission and its activities. (7) The CATV Task Force. The CATV Task Force is responsible for the development and implementation of a regulatory program for community antenna television systems and community antenna relay stations (see Subparts J and K of Part 74 of this chapter). The licensing of related microwave radio facilities is coordinated with the Task Force by the Common Carrier Bureau and the Safety and Special Radio Services Bureau. (c) Delegations of authority to the staff. Pursuant to section 5(d) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See Subpart B of this Part. Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that he will exercise that authority in all matters subject to the delegation. In non-hearing matters, the staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's considera tion, and the Commission may instruct the staff to do so. In like manner, in hearing cases, pursuant to § 0.361 (b) and (c), the Commission may direct that matters pending before the Review Board be certified to the Commission for decision, and the Board may itself certify such matters to the Commission, with a request that they be acted upon by the Commission. (d) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular weekly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings "by circulation", which involves the submission of a document to each of the Commissioners for his approval. [32 F.R. 10569, July 19, 1967, as amended at 32 F.R. 13125, Sept. 15, 1967; 33 F.R. 8227, June 1, 1968] OFFICE OF EXECUTIVE DIRECTOR § 0.11 Functions of the Office. The Executive Director is designated by the Commission and is directly responsible to the Commission under the supervision of the Chairman. He has the following duties and responsibilities: (a) To provide sustained administrative leadership and coordination of staff activities in carrying out the policies of the Commission, through overall supervision and coordination, but not control, of such staff activities. In this capacity, he coordinates the activities of policy making staff officers to assure that adequate information and recommendations in important policy areas are expeditiously considered by the staff and brought promptly to the attention of the Commission. (b) To review with the Commission and with heads of the several bureaus and offices, the program and procedures of the Commission and to make recommendations thereon as may be necessary to administer the Communications Act most effectively in the public interest. (c) To assist the Chairman in carrying out the administrative and executive responsibilities delegated to the Chairman as the administrative head of the agency and, in connection therewith, to plan, direct, coordinate, and manage the administrative affairs of the Commission with respect to the functions of personnel, budget, planning, office services, mail and files, messenger and chauffeur services, and international telecommunications settlements. (d) Under the general direction of the Defense Commissioner, and with the advice and assistance of the heads of the several bureaus and offices, the Executive Director coordinates the defense activities of the Commission, and has the following duties and responsibilities: (1) To act as Alternate Defense Coordinator in representation with other agencies with respect to planning for the continuity of the essential functions of national the Commission under emergency conditions, and serves as the alternate representative of the Commission to the Interagency Emergency Planning Committee of the Office of Emergency Planning. (2) To serve as the alternate representative of the Commission to the Interagency Civil Defense Committee of the Office of Civil Defense, Department of the Army. (3) To keep the Defense Commissioner informed as to significant developments in this area. (e) With the concurrence of the General Counsel, to interpret the rules and regulations pertaining to application filing fees. [28 F.R. 12392, Nov. 22, 1963, as amended at 29 F.R. 3202, Mar. 10, 1964; 29 F.R. 14664, Oct. 28, 1964] Director, Chairman, and Commission policies and procedures governing administration of the budget and fiscal activities of the Commission; issues suitable instructions and provides advice and assistance to the constituent units of the Commission concerning preparation of budget estimates, supporting data, systems of records and reports, and workload data; develops, recommends, and maintains formalized instructions such as the Budget, Finance, and Travel Manuals; coordinates budgets and justifications for presentation to the Bureau of the Budget and Congressional appropriations committees; prepares and recommends to the Executive Director, Chairman, and Commission proposed allotments and apportionments of the Commission's appropriations, and maintains prescribed fiscal controls; audits obligations and authorizes by certification expenditures of Commission funds; maintains its central fiscal and leave records; prepares financial reports; performs the payroll functions of the Commission; and makes settlements with foreign administrations for radiotelegraph traffic to and from ships under U.S. registration through foreign coastal stations. § 0.15 Manpower Utilization and Survey Division. The Manpower Utilization and Survey Division advises, assists and makes recommendations to the Executive Director, Chairman, and Commission on matters dealing with personnel management, manpower utilization, and management analysis; administers all phases of the personnel program including recruitment, placement, classification, compensation, training, employee utilization, employee services and similar programs; develops, recommends and implements policies and programs; develops, and recommends to the Executive Director, Chairman, and Commission, a program of manpower utilization and control; provides advice and assistance to the operating bureaus on personnel management and techniques for improving management and manpower utilization; develops and recommends to the Executive Director, Chairman, and Commission a program of management analysis and administers such segments thereof as organization analysis, general management studies, systems and procedures studies, and management control programs in such areas as directives, reports, forms, correspondence and communications, and organization; and provides advice and assistance to the operating bureaus on organizational and functional arrangements. [30 F.R. 6250, May 5, 1965] § 0.16 Data Processing Division. The Data Processing Division reviews and analyzes the data processing system requirements of the Commission; develops and recommends electronic or other data processing systems needed to fulfill the objectives of the Commission; operates the computer installation and associated peripheral and tabulating equipment in accordance with approved systems and manuals of procedure; measures the effectiveness of the installed systems against anticipated results; and continuously re-evaluates changing Commission responsibilities and information needs to determine the data processing systems most advantageous for the Commission's use. [30 F.R. 6250, May 5, 1965] § 0.17 Office Services Division. The Office Services Division acts for the Commission in the procurement, maintenance, disposal, and administration of supplies, equipment, real and personal property, contractual services, and printed matter; develops, recommends and maintains the Service, Supplies and Property Manual; establishes and maintains duplicating facilities and performs or secures all duplicating required for Commission activities; determines the need for, acquires and maintains telephone facilities and service; and provides building management serv. ices and related facilities at the seat of government. § 0.18 Mail and Files Division. The Mail and Files Division receives and records incoming and outgoing Commission mail, maintains central correspondence files, and operates intra-agency messenger and chauffeur services. § 0.19 Office of Emergency Communi cations. The functions of the Office of Emergency Communications are set forth as § 0.183, in connection with other defense and emergency functions of the Commission. |