(8) Petitions and other requests for long-term waiver of the policy limiting affiliations by commonly owned networks in the same market.

(9) Petitions and other requests for waiver of the sponsorship identification provisions of the Communications Act, in accordance with section 317(d) thereof.

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

(c) Administration and enforcement. (1) Proposed orders to show cause why station licenses or construction permits should not be revoked.

(2) Proposed actions following any case remanded by the courts.

(3) Notices of opportunity for hearing pursuant to § 1.80(g) of this chapter; and notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under § 1.80(f) if the amount set out in the notice of apparent liability is more than $4000.

(4) Proposed public notices expressing Commission policy, interpreting the provisions of law, regulations, or treaties, or warning the broadcast industry as to certain types of violations.

(5) Problems involving apparent violation of the Commission's rules governing equal employment opportunities or otherwise indicating the existence of discriminatory practices which, in the opinion of the Chief, Broadcast Bureau, or the Equal Employment Opportunity Commission should be brought to the attention of FCC Commissioners.

(6) Any other complaint or enforcement matter presenting novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)

[38 FR 31175, Nov. 12, 1973, as amended at 44 FR 5436, Jan. 26, 1979; 44 FR 32377, June 6, 1979; 44 FR 60294, Oct. 19, 1979; 45 FR 42621, June 25, 1980; 46 FR 13906, Feb. 24, 1981; 46 FR 36852, July 16, 1981; 47 FR 20130, May 11, 1982]

§ 0.282 Actions taken under delegated authority.

(a) In discharging the authority conferred by section 0.281 of this part, the Chief, Broadcast Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility;

(1) Complaints arising under sections 315 and 605 of the Communications Act-Office of General Counsel.

(2) Objections to proposed call signs and requests for waiver of procedural rules governing call sign assignmentsOffice of Science and Technology.

(3) Requests for waiver or refund of filing and/or grant fees-Office of Executive Director and Office of General Counsel.

(4) Requests for waiver of tower painting and lighting specificationsField Operations Bureau

(5) Matters involving emergency communications-Office of Executive

Director.

of

(6) Complaints involving equal employment opportunities-Office General Counsel.

(7) Requests for use of frequencies or bands of frequencies shared with private sector nonbroadcast or government services-Office of Science and Technology and appropriate operating bureau.

(8) Requests involving coordination with other agencies of governmentOffice of General Counsel, Office of Science and Technology and appropriate operating bureau.

(9) Proposals involving transmitter sites on public lands owned or controlled by the Departments of Agriculture or Interior-Office of Science and Technology.

(10) Proposals involving possible harmful impact on radio astronomy or radio research installations-Office of Science and Technology.

(b) With respect to non-routine applications granted under authority delegated in § 0.281, the Chief, Broadcast Bureau or his designees, shall enter on the working papers associated with each application a narrative justification of the action taken. While not available for public inspection, these

working papers shall, upon request, be made available to the Commissioners and members of their staffs.

(c) The Chief, Broadcast Bureau, shall prepare and submit to the Commission a quarterly statistical summary of actions taken during the preceding quarter under authority delegated to him in § 0.281. The statistical summary shall be accompanied by a statement of industry trends apparent in the staff handling of non-routine matters during the same quarter.

[38 FR 31176, Nov. 12, 1973, as amended at 40 FR 17254, Apr. 18, 1975; 44 FR 39180, July 5, 1979]

§ 0.287 Record of actions taken.

The history card, the station file, and other appropriate files are designated to be the official record of the action taken by the Chief of the Broadcast Bureau.

[33 FR 8228, June 1, 1968]

CABLE TELEVISION BUREAU

§ 0.288 Authority delegated.

The Chief, Cable Television Bureau, is delegated authority to perform all functions of the Bureau, described in §§ 0.83-0.90, as follows:

(a) To extend or shorten the time required to comply with Commission orders or rules, effectuate a transfer of control or assignment of license or other authorization, or to file pleadings, comments, briefs, annual reports, or responses to official correspondence;

(b) To initiate official correspondence;

(c) To act on requests for withdrawal of papers, and to dismiss petitions and applications, as provided in §§ 76.8 and 78.21 of this chapter, or those which are premature, repetitive, not timely filed, not acceptable under the Commission's rules, or moot;

(d) To modify or set aside on his own motion any action taken pursuant to delegated authority;

(e) To act on all applications for authorization, petitions to deny, objections, waiver requests, complaints, and requests for declaratory rulings in the Cable Television Relay Service, unless novel questions of fact, law, or policy are involved which cannot be resolved

under existing precedents and guidelines;

(f) To designate for hearing, upon appropriate issues, mutually exclusive applications for authorization in the Cable Television Relay Service;

(g) To impose or delete conditions on any authorization granted pursuant to this section, to issue corrected authorizations, and to cancel authorizations in accordance with existing precedents and guidelines;

(h) To issue rulings and interpretations concerning complaints arising under section 315 of the Communications Act and §§ 76.205 and 76.209 of this chapter;

(i) To act on petitions for special relief, waiver requests, objections, complaints, and requests for declaratory rulings and stays in the Cable Television Service, unless novel questions of fact, law, or policy are involved which cannot be resolved under existing precedents and guidelines;

(j) To act on requests for special temporary authority in the Cable Television Service and for temporary authority for special operations in the Cable Television Relay Service;

(k) To act on petitions for orders to show cause, or to issue orders to show cause on his own motion, unless novel questions of fact, law, or policy are involved which cannot be resolved under existing precedents and guidelines;

(1) To enter into consent agreements pursuant to §§ 1.93 and 1.94 of this chapter;

(m) To issue citations pursuant to § 1.80 of this chapter, and to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under § 1.80(f) in amounts of $10,000 or less for cable television systems and for facilities in the Cable Television Relay Service.

(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)

[43 FR 52243, Nov. 9, 1978, as amended at 47 FR 8195, Feb. 25, 1982]

90-171 O--83-4

§ 0.290 Record of actions taken.

History cards, system or station files, and other appropriate files of the Cable Television Bureau are designated as the Commission's official records of actions taken by the Chief of the Cable Television Bureau pursuant to authority delegated to him.

[37 FR 15926, Aug. 8, 1972]

CHIEF, COMMON CARRIER BUREAU

§ 0.291 Authority delegated.

The Chief, Common Carrier Bureau, is hereby delegated authority to perform all functions of the Bureau, described in § 0.91, subject to the following exceptions and limitations.

(a) Authority concerning applications. (1) The Chief, Common Carrier Bureau shall not have authority to act on any formal or informal radio applications of Section 214 applications for common carrier services which are in hearing status or where the estimated cost of construction (or value of radio facilities where an assignment or transfer of facilities is involved) is in excess of $10 million or the annual rental is in excess of $2 million. (The only exception to these monetary limitations will be special temporary authorizations in the event of extraordinary circumstances requiring the immediate restoration or institution of public service.)

(2) The Chief, Common Carrier Bureau shall not have authority to act on any applications or requests which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines.

(b) Authority concerning sections 219 and 220 of the Act. The Chief, Common Carrier Bureau shall not have authority to promulgate regulations or orders pursuant to section 219 or section 220 of the Communications Act of 1934, as amended, except that the Chief, Common Carrier Bureau shall have authority to approve depreciation charges to operating expenses on an interim basis subject to commission prescription prior to the end of January of the year following that in which interim approval is given.

(c) Authority concerning section 221(a) of the Act. (1) The Chief, Common Carrier Bureau shall not

have authority to determine whether hearings shall be held on applications filed under section 221(a) of the Communications Act of 1934, as amended, where a request has been made by a telephone company, an association of telephone companies, a State Commission or local government authority. (2) The Chief, Common Carrier Bureau shall not have authority to act upon applications filed under Section 221(a) of the Communications Act of 1934, as amended, where the proposed expenditure for consolidation, acquisition or control is in excess of $10 million. (3) The Chief, Common Carrier Bureau shall not have authority to act upon any application, petition or request under section 221(a) of the Communications Act of 1934, as amended, which presents novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines.

(d) Authority concerning noncommon carrier satellite systems. The Chief, Common Carrier Bureau shall not have authority to determine whether a construction permit shall be granted for a non-common carrier satellite system, or any part thereof, where the construction costs are in excess of $10 million.

(e) Authority to designate for hearing. The Chief, Common Carrier Bureau shall not have authority to designate for hearing any formal complaints which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents or guidelines. The Chief, Common Carrier Bureau shall not have authority to designate for hearing any applications except: (1) Applications for radio facilities filed pursuant to Parts 21, 22, 23 and 25 of this chapter which are mutually exclusive and (2) applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines.

(f) Authority concerning forfeitures. The Chief, Common Carrier Bureau shall not have authority to impose, reduce or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of $10,000 or

more.

(g) Authority concerning applications for review. The Chief, Common Carrier Bureau shall not have authority to act upon any applications for review of actions taken by the Chief, Common Carrier Bureau, pursuant to any delegated authority.

(h) Authority concerning rulemaking and investigatory proceedings. The Chief, Common Carrier Bureau shall not have authority to issue notices of proposed rulemaking, notices of inquiry or to issue reports or orders arising from either of the foregoing.

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303)

[44 FR 18501, Mar. 28, 1979; 44 FR 22078, Apr. 13, 1979, as amended at 45 FR 22945, Apr. 4, 1980; 45 FR 25399, Apr. 15, 1980; 45 FR 31723, May 14, 1980]

§ 0.301 Authority delegated jointly to Chiefs of Common Carrier and Private Radio Bureaus.

Authority is delegated jointly to the Chief of the Common Carrier Bureau and the Chief of the Private Radio Bureau to act upon applications involving common carrier matters in the aeronautical mobile service, and in the fixed service in Alaska. (For record of actions taken under this section, see § 0.337.)

[45 FR 25399, Apr. 15, 1980]

§ 0.302 Record of actions taken.

The application and authorization files in the appropriate central files of the Common Carrier Bureau are designated as the Commission's official records of actions by the Chief, Common Carrier Bureau pursuant to authority delegated to him. In the case of joint authority exercised by the Chief, Common Carrier Bureau, and the Chief, Private Radio Bureau, § 0.337 applies.

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303)

[40 FR 7452, Feb. 20, 1975. Redesignated at 44 FR 18501, Mar. 28, 1979, and amended at 44 FR 39180, July 5, 1979]

§ 0.303 Authority concerning registration of telephone terminal equipment. Authority is delegated to the Chief of the Common Carrier Bureau jointly in cooperation with the Chief Scientist

to act upon applications for registration of equipment to be directly connected to the telephone network; Provided, however, that the Chief, Common Carrier Bureau shall exercise overall policy direction of the program, with appropriate consultation with the Chief Scientist. (For record of actions taken under this section, see § 0.247).

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155, 303)

[41 FR 7750, Feb. 20, 1976. Redesignated at 44 FR 18501, Mar. 28, 1979, and amended at 44 FR 39180, July 5, 1979]

The performance of functions and activities described in § 0.111 is delegated to the Chief, Field Operations Bureau, provided that:

(a) The following matters shall be referred by the Chief, Field Operations Bureau to the Commission en banc for disposition:

(1) Notices of proposed rule making and of inquiry and final orders in rulemaking proceedings, inquiry proceedings, and non-editorial orders making rule changes with respect to Parts 13 and 17 of this chapter. (See § 0.231(d))

(2) Applications for review of actions taken pursuant to delegated authority. (See § 1.115 of this chapter).

(3) 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.

(4) 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.

(5) Any other petition, pleading, or request presenting new or novel questions of fact, law, or policy, which cannot be resolved under outstanding precedents and guidelines after consul

tation with appropriate Bureaus or offices.

(6) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or offices.

(b) The Chief and the Deputy Chief of the Field Operations Bureau are authorized to declare that a state of general communications emergency exists and to act on behalf of the Commission pursuant to the provision of § 97.107 of this chapter with respect to the operation of amateur stations during a state of general communications emergency.

(c) Rulings and orders concerning radio operator matters in a hearing status shall not be made by the Chief, Field Operations Bureau.

(d)(1) The Chief of the Field Operations Bureau is authorized to issue notices of apparent liability pursuant to § 1.80(f) of this chapter and (in the case of violation of sections 301 or 318 of the Communications Act, or parts 13 and 17 of this chapter) to issue final forfeiture orders and orders canceling or reducing forfeitures, if the amount set out in the notice of apparent liability is $2,000 or less. (The scope of the Field Operations Bureau's authority to issue notices of apparent liability will be specified in statements of policy provided by the other bureaus and offices. These statements of policy shall be available for inspection in the Field Operations Bureau.)

(2) The Chief of the Field Operations Bureau is authorized to issue citations pursuant to § 1.80(d) of this chapter.

(e) The Chief of the Field Operations Bureau is authorized to make determinations and notifications of the presence of harmful interference to radio communications involving safety of life or protection of property which requires temporary suspension of operation under Section 74.23 of this Chapter. Upon invoking the authority granted pursuant to this section, the Chief of the Field Operations Bureau shall immediately inform the Chairman of the Commission.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)

[40 FR 17254, Apr. 18, 1975, as amended at 43 FR 52245, Nov. 9, 1978; 47 FR 1395, Jan. 13, 1982]

§ 0.314 Additional authority delegated.

The Engineer in Charge at each field office is delegated authority to act upon applications, requests, or other matters, which are not in hearing status, and direct the following activities necessary to conduct investigations or inspections:

(a) For new, modified replacement, duplicate or renewal commercial radio operator license and provisional radio operator certificate.

(b) [Reserved]

(c) On informal requests from broadcast stations to extend temporary authority for operation without monitors, plate ammeter, plate voltmeter, base current meter, common point meter, and transmission line meter from FM and television stations.

(d) Relating to the time within which an applicant for amateur or commercial radio operator license may take an examination after having failed a previous examination (§§ 13.27 and 97.33 of this chapter).

(e) For periodic survey as required by section 385 of the Communications Act of 1934, as amended, and issuance of Communications Act radiotelephony certificates in accordance with § 83.512 of this chapter.

(f) Applications, in any acceptable form, filed at Commission field offices located in Alaska, for special temporary operator license authorization, in lieu of regular commercial radio operator license, when it is shown that there is a need for such authorization for use in connection with the protection of life or property during an emergency period.

(g) [Reserved]

(h) Require special equipment and program tests during inspections or investigations to determine compliance with technical requirements specified by the Commission.

(i) Require stations to operate with pre-sunrise and nighttime facilities during daytime hours in order that an inspection or investigation may be made by an authorized Commission