leases of the Commission (except formal applications).

(12) Requests to operate at a temporary location with a temporary antenna system.

(13) Request for special conditions of operation necessary to comply with technical requirements specified in authorizations, orders, rules, or releases of the Commission.

(14) Request for special temporary authority in emergency cases, at times outside of the regular office hours of the Commission and requiring immediate action during those hours.

(15) Request for exemption from station identification requirements.

(16) Request for exemption from transmitter control requirements.

(17) Request for exemption from limitation on authorized points of communication.

(c) To assign new or modified call signs to stations in all of the radio services except the Personal and Amateur Radio Services. See §§ 0.332(a) and 1.550 of this chapter.

(d) To act on requests for extension of time within which briefs, comments and pleadings may be filed, in matters or proceedings for which the Office is responsible or primarily responsible. (If responsibility is shared with other Bureaus or Offices, action shall be coordinated with them.)

[28 FR 12402, Nov. 22, 1963, as amended at 28 FR 14502, Dec. 31, 1963; 34 FR 14375, Sept. 13, 1969; 41 FR 7751, Feb. 20, 1976; 41 FR 26014, June 24, 1976; 42 FR 8326, Feb. 9, 1977; 44 FR 4486, Jan. 22, 1979]

§ 0.243 Authority delegated to the Chief Scientist upon securing concurrence of the General Counsel.

(a) The Chief Scientist, upon securing concurrence of the General Counsel, is delegated authority with respect to stations operating in the experimental radio services, other than experimental and developmental stations operating in established services under the jurisdiction of a single bureau, to act upon the following matters:

(1) Applications for construction permits for new stations.

(2) All requests for withdrawal of papers in accordance with § 1.8 of this chapter.

(3) Applications for consent to assignment and transfer of control of station authorizations.

(4) The extension of time previously ordered by the Commission within which transfers of control or assignment of licenses be effectuated.

(b) The Chief Scientist, upon securing concurrence of the General Counsel, is authorized to issue notices of apparent liability, final forfeiture orders, and orders canceling or reducing forfeitures imposed under § 1.80(f) of this chapter, in the amount of $2,000 or less; and is authorized to issue citations pursuant to § 1.80(d).

(c) The Chief Scientist, upon securing concurrence of the General Counsel, is delegated authority to act upon requests for waiver of the all-channel television receiver rules contained in Part 15 of this chapter where the receiver involved in such requests is an integral part of a hospital communications system. In such cases, a grant may be made when there is no danger of adversely affecting the audience potential of present or future UHF television stations, and benefits are to be derived from the grant of the requests.

(d) The Chief Scientist, upon securing concurrence of the General Counsel, is authorized to dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order.

(e) The Chief Scientist, upon securing concurrence of the General Counsel, is authorized to dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission.

[28 FR 12402, Nov. 22, 1963, as amended at 29 FR 10585, July 20, 1964; 31 FR 3074, Feb. 24, 1966; 31 FR 4456, Mar. 16, 1966; 43 FR 52244, Nov. 9, 1978; 44 FR 4486, Jan. 22, 1979]

[33 FR 8228, June 1, 1968, as amended at 44 FR 39179, July 5, 1979]

GENERAL COUNSEL

§ 0.251 Authority delegated.

(a) [Reserved]

(b) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority to act upon requests for extension of time within which briefs, comments or pleadings may be filed.

(c) The General Counsel is delegated authority to dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order.

(d) The General Counsel is delegated authority to dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission.

(e) The General Counsel is delegated authority to dismiss as repetitious any petition for reconsideration of a Commission order denying an application for review which fails to rely on new facts or changed circumstances.

(f) The General Counsel is delegated authority to act upon the following matters in hearing proceedings which are pending before the Commission en banc:

(1) Motions or petitions for extension of time.

(2) Pleadings which are moot.

(3) To dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order.

(4) To issue orders, in accordance with Commission instructions, specifying or changing the day or hour of oral argument and the time allowed a party for oral argument.

(5) Requests for permission to file pleadings in excess of the length prescribed by the provisions of this chapter. See §§ 1.48 and 1.204 of this chapter.

(6) Unopposed motion by any party for dismissal or withdrawal of his own pleading.

(7) Petitions for leave to amend applications where no objection is raised to the acceptance of the amendment.

(8) To issue orders, as appropriate, requesting the filing of further pleadings.

(9) Pleadings which may be dismissed due to procedural defect, subject to being refiled in proper form within five days.

(10) To dismiss, as repetitious, any petition for reconsideration of a Commission order denying an application for review which fails to rely on new facts or changed circumstances.

(11) Petitions or requests for approval of settlement agreements among applicants in comparative hearings where the agreement resolving the conflict among the applications is unopposed and where there are no outstanding issues concerning the basic qualifications of the applicant who would receive a construction permit or a license upon approval of the agreement.

(g) The official record of all actions taken by the General Counsel pursuant to § 0.251(f) is contained in the original docket folder, which is maintained by the Secretary in the Dockets Branch.

(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[28 FR 12402, Nov. 22, 1963, as amended at 31 FR 3074, Feb. 24, 1966; 31 FR 4456, Mar. 16, 1966; 31 FR 11756, Sept. 8, 1966; 31 FR 13474, Oct. 19, 1966; 44 FR 60294, Oct. 19, 1979; 46 FR 57050, Nov. 20, 1981; 47 FR 16032, Apr. 14, 1982]

OFFICE OF PLANS AND POLICY

§ 0.271 Authority delegated.

(a) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the Chief, Office of Plans and Policy is delegated authority to deny requests or to extend the time within which comments may be filed in dockets over

which the Office of Plans and Policy has primary authority.

[45 FR 10347, Feb. 15, 1980]

CHIEF, BROADCAST BUREAU

§ 0.281 Authority delegated.

The performance of functions and activities described in § 0.71 is delegated to the Chief, Broadcast Bureau: Provided, That the following matters shall be referred by the Chief, Broadcast Bureau, to the Commission en banc for disposition:

(a) Applications. Formal and informal applications for new or modified AM, FM, and TV facilities, and for the renewal, assignment, and transfer of construction permits and licenses involving such facilities, when such applications fail to satisfy the requirements of Commission rules or established Commission policy in the following areas of special concern:

(1) Multiple ownership, concentration of control, and cross-interests.

(i) Acquisition of a third broadcast station or modification of facilities if such would result in the common ownership of three broadcast stations where any two are within 100 miles of a third and primary service contour overlap would occur; "one-to-amarket" situations involving UHF stations or TV satellite stations; and duopoly situations involving TV satellite stations. (Commonly owned AM and FM stations in the same market are treated as one station for the purpose of the "third station" limitations.)

(ii) Acquisition of a broadcast station by a newspaper in the same area, or other organization having substantial interests in the print media in the

same area.

(iii) Creation of common ownership interests, management ties, or employment relationships between licensees serving substantial common areas and populations. Commonality of areas and populations served shall be determined in duopoly situations by overlap of the following service contours: AM-1 mVm; FM-1 mVm; and TV-Grade B. In "one-to-a-market" situations, commonality of areas and populations served shall be determined by community encompassment with the following service con

tours: AM-2 mVm; FM-1 mVm; and TV-Grade A.

(iv) Acquisition of broadcast properties by corporations or individuals appearing to dominate the economic life of the community.

(2) Trafficking. Acquisition of broadcast properties by persons having a history of short term buying and selling such properties, or seeking waiver of the "three-year rule" (§ 1.597 of this chapter) when the seller will realize a profit.

(3) Anti-trust activity, unfair trade practices, and violations of law not previously considered by the Commission. (i) Proposals by applicants against whom communications-related anti-trust suits are pending or against whom there is pending any anti-trust suit in which an adverse verdict has been reached.

(ii) Proposals by applicants who have entered into a consent decree, have pleaded guilty or nolo contendere, or have been adjudged guilty in an anti-trust case during the threeyear period preceding the filing of the application.

(iii) Proposals by applicants who have been the subject of a final cease and desist or consent order issued by the Federal Trade Commission during the three-year period preceding the filing of the application.

(iv) Proposals by applicants or including parties with felony or capital offense conviction records, or against whom a criminal proceeding is pending.

or

(4) Violations and complaint matters. Proposals filed by applicants against whom violation notices of a serious nature are outstanding against whom questions suggesting serious misconduct remain unresolved, or by applicants with records of serious past misconduct.

(5) Equal employment opportunities. Proposals filed by applicants whose equal employment opportunities programs do not comply with Commission rules or policies and cannot be cleared by further staff inquiry or action, or whose past performance suggests the existence of discriminatory practices. (6) Short-term licenses and renewals. Proposals which in the opinion of the

(i) Commercial TV applicants for a new station, or assignment or transfer, or renewal of license, proposing to exceed 16 minutes of commercial matter per hour, or during periods of high demand for political advertising, providing for exceptions permitting in excess of 20 minutes of commercial matter per hour during 10% or more of the station's total weekly hours of operation.

(8) Programming: program content and ascertainment of community needs. (i) Applications for new stations or assignments and transfers.

(A) Commercial AM and FM proposals of applicants for new stations and of assignees and transferees that have not submitted a narrative statement of their proposed programming, commercial TV proposals of applicants for new stations and of assignees and transferees (except those made by UHF stations not affiliated with major networks) which project for the hours 6:00 a.m. to 12:00 midnight less than the indicated percentages in one or more of the following categories: 5% total local programming; 5% informational (news plus public affairs) programming; and 10% total non-entertainment programming.

(B) Commercial TV proposals of applicants for new stations and of assignees or transferees which contain substantial ascertainment defects which, for any reason, cannot be resolved by further staff inquiry or action. (See 1971 Ascertainment Primer: 27 FCC 2d 650 (1971), 36 FR 4092).

(ii) Applications for renewal.

(A) Commercial TV proposals (except those made by UHF stations not affiliated with major networks) which project for the hours 6:00 a.m. to 12:00 midnight less than the indicated percentages in one or more of the following categories: 5% total local programming; 5% informational (news plus public affairs) programming; and 10% total non-entertainment programming.

(B) Commercial TV proposals containing substantial ascertainment de

fects which, for any reason, cannot be resolved by further staff inquiry or action. (See 1976 Ascertainment Primer: 57 F.C.C. 2d 418 (1975), recon. granted in part, 61 F.C.C. 2d 1 (1976)).

(9) Programming: Substantial shifts in format. Commercial AM, FM, and TV applications disclosing substantial changes affecting either the entertainment or non-entertainment portions of existing formats which raise significant public interest questions, or which are opposed by the listening or viewing public.

(10) Programming: promise versus performance. (i) Applications for assignments and transfers.

TV applications for assignment or transfer which vary substantially from the assignor's or transferor's prior representations with respect to commercial practices (as set forth in paragraph (a)(7) of this Section), or from the programming categories (as set forth in paragraph (a)(8) of this Section), and for which variation there is lacking, in the judgment of Broadcast Bureau, adequate justification in the public interest.

(ii) Applications for renewal.

Commercial TV applications for renewal which vary substantially from prior representations with respect to commercial practices (as set forth in paragraph (a)(7) of this Section), or from the programming categories set forth in paragraph (a)(8) of this Section, and for which variation there is lacking, in the judgment of the Broadcast Bureau, adequate justification in the public interest.

(11) Hearing orders. (i) Mutually exclusive applications, including renewal and construction permit applications, involving non-routine hearing issues.

(ii) Other renewal and assignment and transfer applications which appear to call for an evidentiary hearing.

(iii) Such other applications, as in the opinion of the Chief, Broadcast Bureau, warrant referral to the Commission prior to designation for hearing.

(12) Interference and mileage separations. Proposals for new or modified AM, FM, and TV facilities which would create substantial new prohibited overlap or station separation short

ages. In the case of AM proposals (other than Class IV), a net increase in objectionable interference to another AM station involving more than 1 percent of the population served by such other station, whether or not consented to by the station affected, shall be referred to the Commission.

(13) Station location. (i) Commercial AM, FM, and TV proposals which, on their face, appear realistically intended to serve another community of larger size, Signal penetrations of 5 mV/m (AM), 3.16 mV/m (FM), and city grade (TV) shall be used in determining whether referral to the Commission is appropriate.

(ii) Any other such proposal raising allocations problems or presumptions under section 307(b) of the Communications Act which, for any reason, cannot be resolved by further staff inquiry or action.

(14) Main studio relocation. All AM, FM, and TV proposals for main studio relocation, or for waiver of main studio program origination requirements, under circumstances which have traditionally been viewed as creating a de facto change in station location.

(15) VHF television expansion. Commercial VHF television proposals seeking to bring or extend their Grade B contours into a significant area or population included within the predicted Grade B contour of a UHF television station where the area or population involved is covered by fewer than 4 VHF television signals.

(16) [Reserved]

(17) Experimental and development operation. Proposals for experimental and developmental authority containing policy implications which, in the opinion of the Chief, Broadcast Bureau, warrant referral to the Commission.

(18) Miscellaneous applications and requests. (i) Proposals for special temporary, emergency, conditional, or interim operating authority of more than routine significance.

(ii) Any other application, proposal, or request presenting novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(b) Petitions and other requests for Commission action. (1) Petitions to deny, informal objections, and other petitions, directed against AM, FM, and TV applications for new or modified facilities, or for renewal, assignment or transfer of control, will be referred to the Commission if they: (i) Contain new or novel issues not previously considered by the Commission; (ii) appear to justify a change in Commission policy; or (iii) present documented allegations of failure to comply with the Commission's Equal Employment Opportunity rules and policies, or the applicant in question falls outside the applicable processing criteria in its employment of women and minorities.

(2) Petitions and other requests for reconsideration of actions taken by the Chief, Broadcast Bureau, when such petitions or requests contain new or novel arguments not previously considered by the Commission, present facts or arguments which appear to justify a change in Commission policy, or request reconsideration of orders designating cases for hearing.

(3) Applications for review of actions taken by the Chief, Broadcast Bureau, which comply with § 1.115 of this chapter.

(4) Petitions and other requests for waiver of Commission rules, whether or not accompanied by an application, 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.

(5) Petitions and other requests for declaratory rulings, 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.

(6) Petitions for rule making which have been accepted under § 1.403, and final dispositions of rule making proceedings not involving routine changes in the FM and TV Tables of Assignments.

(7) Petitions and other requests for waiver of the prime-time access rule, in areas where Commission policy is not clearly established.