(c) To perform all legal functions involved in administering and enforcing the rules and regulations of the Commission pertaining to the Experimental Radio Service (Part 5 of this chapter), Radio Frequency Devices (Part 15 of this chapter), the Industrial, Scientific, and Medical Service (Part 18 of this chapter), and type approval and type acceptance of radio equipment, including educational functions directed to obtaining voluntary compliance with the provisions of Parts 15 and 18 of this chapter. (d) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. (e) To prepare the bound volumes of the FCC Reports. (f) To review the national security aspects of applications for commercial operator licenses or permits submitted for review by the Field Engineering Bureau, and of applications for amateur operator and station licenses submitted for review by the Safety and Special Radio Services Bureau. (g) To perform any additional functions assigned to it by the General Counsel. § 0.71 BROADCAST BUREAU Functions of the Bureau. The Broadcast Bureau assists, advises, and makes recommendations to the Commission with respect to the development of a regulatory program for the broadcast services and is responsible for the performance of any work, function, or activities to carry out that program in accordance with applicable statutes, international agreements, rules and regulations, and policies of the Commission. The Bureau performs the following functions: (a) Receives, examines, files, indexes, records and processes applications in the broadcast services, makes recommendations to the Commission thereon and issues authorizations in accordance with Commission instructions and directions. (b) Processes petitions in broadcast matters (protests and orders of designation) not specified in § 0.171. (c) By notification in accordance with the procedures set forth in the North American Regional Broadcasting Agreement, establishes priorities for United States stations under this and associated agreements. Receives and examines notifications of assignments in other North American countries, and resolves conflicts by negotiation. (d) Participates in hearings involving applications, rule making, and other matters which pertain to the radio broadcast services, including proceedings pursuant to sections 312 and 316 of the Communications Act of 1934, as amended. (e) Makes recommendations to the Commission concerning the promulgation of rules and standards in the broadcast services. (f) Participates in international conferences with respect to broadcast services, and in implementation of international broadcast agreements. (g) Studies frequency requirements in the broadcast services and makes recommendations with respect to the allocation of frequencies and the drafting of frequency assignment plans in such services. (h) Confers with government and industry groups interested in the problems of broadcast services. (1) Studies and establishes technical requirements for equipment in the broadcast services in accordance with standards established by the Commission. (j) Exercises such authority as may be assigned or referred by the Commission pursuant to section 5(d) of the Communications Act of 1934, as amended. § 0.72 Units in the Bureau. The Broadcast Bureau is divided into the following units: (a) Office of the Bureau Chief. (e) Rules and Standards Division. (g) Research and Education Division. (h) Office of Network Study. (i) Complaints and Compliance Divi 0.541 Availability of declassified material. Classification review requests. manuals, and staff instructions. Access by historical researchers. 0.542 Access by former Presidential appointees. AUTHORITY: The provisions of this Part 0 issued under secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, unless otherwise noted. Implement; 5 U.S.C. 552. Subpart A-Organization AUTHORITY: §§ 0.1 to 0.186 also issued under sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. SOURCE: The provisions of this Subpart A appear at 28 F.R. 12392, Nov. 22, 1963, unless otherwise noted. Nomenclature changes affecting this Subpart A appear at 37 F.R. 19372, Sept. 20, 1972. (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 telegraph, 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. (2) Office of Chief Engineer. (3) Office of General Counsel. (4) Office of Plans and Policy. (5) Broadcast Bureau. (6) Common Carrier Bureau. (7) Safety and Special Radio Services Bureau. (8) Field Engineering Bureau. (10) Office of Administrative Law Judges. (11) Review Board. (12) 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 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 priniarily 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 Chief of Plans and Policy. The Chief of Plans and Policy is designated by the Commission as a staff officer directly responsible to the Commission under the supervision of the Chairman. His principal role is to advise, assist, and make recommendations to the Commission with respect to the development and implementation of communications policies in all areas of Commission authority and responsibility. He is also responsible for coordinating policy research and development activities within the Commission, and with other governmental agencies. (4) The operating bureaus. The principal work load operations of the Commission are conducted by the five operating bureaus. (i) Four of these bureaus-The Broadcast Bureau, Common Carrier Bureau, Safety and Special Radio Services Bureau, and Cable Television Bureauexercise primary responsibility in the four 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 21-67). 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). The Cable Television Bureau is responsible for the regulation of cable television systems and cable television relay stations (see Parts 76 and 78 of this chapter). The licensing of related microwave radio facilities is coordinated with the Cable Television Bureau by the Common Carrier Bureau and the Safety and Special Radio Services Bureau. 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 fifth operating bureau-The Field Engineering Bureau-maintains field offices and monitoring stations throughout the United States. It is re sponsible 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. (5) Staff units which exercise responsibility for the decision of hearing cases. The Office of Administrative Law Judges, the Review Board, and the Office of Opinions and Review exercise responsibility for the decision of hearing cases. The Administrative Law Judges preside over hearing cases and issue initial decisions. In most cases, initial decisions are subject to review by the Review 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 a final decision, which is subject to possible review by the Commission. In other 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. (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 consideration, 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 36 F.R. 19438, Oct. 6, 1971; 37 F.R. 18034, Sept. 16, 1972; 37 F.R. 19372, Sept. 20, 1972; 37 FR 20553, Sept. 30, 1972; 38 FR 17005, June 28, 1973] 9 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 Commis sion. (d) Under the general direction of the Defense Commissioner, and with the advice and assistance of the heads of the several bureaus and offices, 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 the Commission under national 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 fees as set forth in Part 1, Subpart G of the rules. (f) To direct and supervise the development and execution of a technical assistance program in cooperation with the |