§ 83.139 of this chapter and dismiss associated applications for ship station licenses in cases substantially the same as those in which the Commission en banc has taken similar action.

(15) To act on requests for waiver of the type acceptance requirement of § 83.139 of this chapter where the applicant is operating a ship radiotelephone transmitter on frequencies between 4 and 27.5 MHz and where authority is needed to operate non-type accepted ship radiotelephone equipment pending conversion to single sideband.

(16) To grant waivers of the type acceptance requirements of § 87.77 of this chapter for a period not to extend beyond January 1, 1970, in cases substantially the same as those in which the Commission en banc has taken similar action.

(17) To act on requests for waiver of § 89.117 of this chapter, concerning use of nontype accepted radio equipment, submitted by persons eligible in the Public Safety Radio Services in so far as they relate to operations on the frequencies 27.235, 27.245, 27.255, 27.265, and 27.275 MHz.

(18) To act on requests for waiver of application procedures to allow a licensee to submit a request for the identical modification or assignment of a number of outstanding authorizations without filing a separate application for each station. Action taken under this delegation does not include authority to waive or reduce applicable fee requirements which shall be determined as if separate applications were filed for each station.

(19) To act on requests for waiver of the restrictions of §1.916 of this chapter subsequent to revocation of a radio station license.

(20) [Reserved]

(21) To designate for hearing all mutually exclusive applications for Aeronautical Advisory radio facilities filed pursuant ton Part 87 of this chapter.

(22) To act on requests for waivers of the equipment requirements of § 81.104 (c) (2) of this chapter when a limited coast station has been exempted from the watch requirements of § 81.191(d) of this chapter.

(23) To act on requests for waiver of § 1.918(b) of this chapter so as to accept untimely filed amendments to certain types of applications prior to their designation for hearing, where the proposed amendment, or amendments, would resolve the controversy or will eliminate one or more issues.

(24) To act on requests for waivers of the requirements of Part 97 of this chapter when it is shown that such a waiver is required, taking into account the state of the radio art, to allow the operation of an amateur radio space station. Waivers will be limited to the following areas: Station location, authorized emission, station control identification, logging, and operator privileges.

(c) Consistent with the provisions of section 309 (f) of the Communications Act of 1934, as amended, to grant or deny requests for temporary authorizations and to issue orders stating the reasons therefor, but only prior to the time a petition to deny the application involved has been filed or the application has been designated for hearing.

(47 U.S.C. 154, 303) [28 FR 12402, Nov. 22, 1963, as amended at 29 FR 3202, Mar. 10, 1964; 29 FR 13815, Oct. 7, 1964; 29 FR 14405, Oct. 20, 1964; 30 FR 8678, July 9, 1965; 31 FR 10125, July 27, 1966; 31 FR 13474, Oct. 19, 1966; 31 FR 16316, Dec. 21, 1966; 32 FR 3831, Mar. 8, 1967; 33 FR 7153, May 15, 1968; 36 FR 3525, Feb. 26, 1971; 36 FR 7011, Apr. 13, 1971; 36 FR 19439, Oct. 6, 1971; 37 FR 7888, Apr. 21, 1972; 37 FR 19371, Sept. 20, 1972; 38 FR 8247, Mar. 30, 1973]

§ 0.332 Additional authority delegated.

The Chief of the Safety and Special Radio Services Bureau is delegated authority to act upon the following applications, requests and other matters:

(a) Requests for assignment of call signs to new stations in the Citizens and Amateur Radio Services and for changes in the call signs of existing stations in those services.

(b) Applications or requests for exemption, pursuant to the provisions of sections 352(b) and 383 of the Communications Act; Regulation 4, Chapter I of the Safety Convention; Regulation 5, Chapter IV of the Safety Convention; Regulation 12(b), Chapter V of the Safety Convention; or Article 6 of the Great Lakes Radio Agreement:

(1) For emergency and renewal exemption of vessels;

(2) For initial exemption of vessels subject to Title III, Part III of the Act;

(3) For initial exemption of vessels of less than 100 gross tons subject to Title III, Part II of the Act or the Safety Convention;

(4) For exemption from Title III, Fart II, of the Act of vessels operated in the Gulf of Mexico which participate in oil well drilling operations when the circum

stances are substantially the same as those in precedent cases decided by the Commission en banc; and

(5) [Reserved]

(c) Applications or requests for approval of schedules of transmissions by coast stations of information for the general benefit of mariners to a plurality of mobile stations or to designated fixed locations.

(d) Make determination and notification of incurrence of forfeitures under the provisions of sections 364, 386, 507, and 510 of the Communications Act, with reference to stations governed by the provisions of Parts 81-99 of this chapter.

(e) Applications made pursuant to section 504(b) of the Communications Act of 1934, as amended, for mitigation or remission of forfeitures imposed under sections 364, 386, 507, and 510 of the Act.

(f) Issue orders suspending the licenses of amateur operators in accordance with section 303 (m) (1) of the Act and if a hearing thereon is requested, to designate such matters for hearing.

(g) Requests pursuant to the provisions of §§ 81.104(b) (1) and 81.189 (c) (1) of this chapter for waiver or exception to the requirements of those sections concerning 2182 kHz coast station facilities and watch.

(h) To dismiss applications without prejudice in cases where, prior to designation of such application for hearing, an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(i) To grant or deny applications for permits and to modify, suspend, or cancel, such permits, pursuant to Subparts G and H, Part 97 of this chapter.

(1) Requests for extension of time within which to file pleadings concerning applications filed in the Safety and Special Radio Services which are not in hearing status.

(k) To dismiss petitions and other pleadings relating to matters not in hearing status which have clearly been rendered moot.

(1) 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.

(m) 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.

(n) To maintain the official record of hearing proceedings for the revocation of licenses in the Safety and Special Radio Services until such matters are docketed.

[28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 6779, May 19, 1965; 30 F.R. 12125, Sept. 23, 1965; 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4457, Mar. 16, 1966; 33 F.R. 5302, Apr. 3 1968; 36 F.R. 19439, Oct. 6, 1971; 37 F.R. 15928, Aug. 8, 1972]

§ 0.333

Authority delegated jointly to Chiefs of Common Carrier and Safety and Special Radio Services Bureau. Authority is delegated jointly to the Chief of the Common Carrier Bureau and the Chief of the Safety and Special Radio Services Bureau to act upon applications involving common carrier matters in the maritime mobile service, aeronautical mobile service, and in the fixed service in Alaska.

[29 F.R. 14406, Oct. 20, 1964]

§ 0.337 Record of actions taken.

The history card pertaining to a certain station is designated to be the official record of the action taken by the Chief, Safety and Special Radio Services Bureau, in pursuance of the authority delegated to him in §§ 0.331 and 0.332 or jointly to him and the Chief, Common Carrier Bureau, in § 0.333. In cases where no history card is prepared, the application and authorization file pertaining to the station in question is designated to be the official record of the action taken by the Chief of the Bureau, or by him jointly with the Chief of the Common Carrier Bureau.

[33 F.R. 8228, June 1, 1968]

ADMINISTRATIVE LAW JUDGES

§ 0.341 Authority of administrative law judge.

(a) After an administrative law judge has been designated to preside at a hearing and until he has issued an initial decision or certified the record to the Commission for decision, or the proceeding has been transferred to another administrative law judge, all motions, petitions and other pleadings shall be acted upon by such administrative law judge, except the following:

(1) Those which are to be acted upon by the Commission. See § 1.291(a) (1) of this chapter.

1

(2) Those which are to be acted upon by the Review Board under § 0.365 (b) and (d).

(3) Those which are to be acted upon by the Chief Administrative Law Judge under § 0.351.

(b) Any question which would be acted upon by the administrative law judge if it were raised by the parties to the proceeding may be raised and acted upon by the administrative law judge on his own motion.

(c) Any question which would be acted upon by the Chief Administrative Law Judge, the Review Board or the Commission, if it were raised by the parties, may be certified by the administrative law judge, on his own motion, to the Chief Administrative Law Judge, the Review Board or the Commission, as the case may be.

[29 F.R. 6442, May 16, 1964, as amended at 37 F.R. 19372, Sept. 20, 1972]

§ 0.347 Record of actions taken.

Except for actions taken during the course of the hearing and upon the record thereof, actions taken by an administrative law judge pursuant to § 0.341 shall be recorded each week in writing and filed in the official minutes of the Commission.

CHIEF ADMINISTRATIVE LAW JUDGE

§ 0.351 Authority delegated.

The Chief Administrative Law Judge shall act on the following matters in proceedings conducted by hearing examiners:

(a) Initial specifications of the time and place of hearings where not otherCwise specified by the Commission and excepting actions under authority delegated by § 0.296.

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(b) Designation of the hearing examiner to preside at hearings.

(c) Orders directing the parties or their attorneys to appear at a specified time and place before the hearing examiner for an initial prehearing conference in accordance with § 1.251(a) of this chapter. (The administrative law judge named to preside at the hearing may order an initial prehearing conference although the Chief Administrative Law Judge may not have seen fit to do so and may order supplementary prehearing conferences in accordance with § 1.251(b) of this chapter.)

(d) Petitions requesting a change in the place of hearing where the hearing

is scheduled to begin in the District of Columbia or where the hearing is scheduled to begin at a field location and all appropriate proceedings at that location have not been completed. (See § 1.253 of this chapter.)

(e) In the absence of the administrative law judge who has been designated to preside in a proceeding, to discharge the administrative law judge's functions.

(f) All pleadings filed, or matters which arise, after a proceeding has been designated for hearing, but before a law judge has been designated, which would otherwise be acted upon by the law judge, including all pleadings filed, or matters which arise, in cease and desist and/or revocation proceedings prior to the designation of a presiding officer. (g) All pleadings (such as motions for extension of time) which are related to matters to be acted upon by the Chief Administrative Law Judge.

[29 F.R. 6443, May 16, 1964, as amended at 37 F.R. 19372, Sept. 20, 1972]

The

(a) The Review Board is a permanent body with continuing functions. main function of the Board is to review matters referred to it by the Commission in hearing proceedings. The Board also takes original action on certain interlocutory matters which arise during the course of hearing proceedings. The hearing matters referred to the Board on a regular basis are listed in § 0.365. Other hearing matters may be referred to the Board for review on a case by case basis, either at the time of designation for hearing or upon consideration of exceptions. The Commission may, from time to time, assign the Board additional duties not inconsistent with these functions.

(b) Any matter referred to the Board on a regular basis or otherwise may, on its own motion or upon its consideration of the motion of any party, be certified by the Board to the Commission, with a request that the matter be acted upon by the Commission, if in the Board's judgment the matters at issue are of such a nature as to warrant Commission review of any decision which the Board might otherwise have made. If a majority of the members of the Commission then holding office vote to grant the Board's request, the matter shall be acted upon by the Commission.

(j) 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.

(k) To waive the requirement of § 21.23(a) of this chapter that amendments to applications be served by the applicant upon persons who have filed petitions to deny the application or to designate it for hearing, upon a showing by the applicant that the requirement is unreasonably burdensome, and to prescribe such alternative procedures as may be appropriate under the circumstances to protect petitioners' interests and to avoid undue delay in the proceeding. Requests for waiver shall be served on petitioners. Oppositions to the petition may be filed within 5 days after the petition is filed and shall be served on the applicant. Replies to oppositions will not be entertained.

[28 F.R. 12402, Nov. 22, 1963, as amended at 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4456. Mar. 16, 1966; 32 F.R. 5273, Mar. 29, 1967; 33 F.R. 15291, Oct. 15, 1968]

§ 0.292 Additional authority concerning radio matters.

The Chief of the Common Carrier Bureau is delegated authority to act on the following matters:

(a) To designate for hearing all mutually exclusive applications for radio facilities filed pursuant to Parts 21, 23, and 25 of this chapter.

(b) To determine under § 1.80 of this chapter whether forfeiture liability has been incurred in connection with the operation of any station governed by Parts 21, 23, and 25 of this chapter, and to issue notices of apparent liability as provided in § 1.80 of this chapter.

[33 F.R. 15291, Oct. 15, 1968]

§ 0.293 Authority concerning position of officer.

The Chief of the Common Carrier Bureau is delegated authority to act upon applications under section 212 of the Communications Act for authority to hold the position of officer or director of more than one carrier subject to the Act. and to act upon applications for a finding that a carrier owns more than fifty percent of the stock of another or other carriers, or that a person owns fifty percent or more of the stock of two or more carriers.

§ 0.294 Authority concerning section 214 of the Act.

The Chief of the Common Carrier Bureau is delegated authority to act upon the following applications or requests under section 214 of the Communications Act:

(a) For a certificate authorizing the construction, acquisition, operation, or extension of lines, or for an authorization for temporary or emergency service or the supplementing of existing facilities involving an estimated construction or purchase cost of less than $2 million, or an annual rental of less than $250,000.

(b) For modification of a certificate or authorization under this section of the Act where such amendment or modification involves an estimated construction or purchase cost of less than $2 million or an annual rental of less than $250,000.

(c) For authority to discontinue, reduce, or impair telephone service where the applications are filed pursuant to the provisions of §§ 63.63, 63.65, and 63.66 of this chapter.

(d) For an authorization for temporary or emergency closure of telegraph offices, for any closure of a telegraph office at a military establishment, for closure of railroad-operated agency offices, for closure of company-operated main offices where substitute service is to be provided by telephone, teleprinter or facsimile-operated agency office in the same community and for any reduction in the hours of telegraph service in a community or part of a community in those cases where applicable Commission policy has been established.

(e) For informal requests for authority to discontinue, reduce or impair telegraph service filed pursuant to the provisions of §§ 63.63, 63.64, and 63.66 through 63.69 of this chapter.

(f) For reconsideration and dismissal of applications to discontinue, reduce or impair service where authority has been granted but will not be used by applicant because of conditions arising subsequent to the filing of the application.

(g) For special temporary authorizations in the event of cable failures, satellite outages, or similar occurrences, including those requested at times outside of regular office hours of the Commission in emergency cases, without regard to the cost of obtaining such emergency restored facilities.

[28 F.R. 12402, Nov. 22, 1963, as amended at 33 F.R. 15291, Oct. 15, 1968]

The Chief of the Common Carrier Bureau is delegated authority:

(a) To determine upon consideration of all relevant factors whether hearings shall be held on applications filed under section 221(a) of the Communications Act where no request therefor has been made by a telephone company, an association of telephone companies, a State Commission or local government authority:

(b) To fix the time and place for hearings he determines shall be held under paragraph (a) of this section or where a request therefor has been made by a telephone company, an association of telephone companies, a State Commission or local government authority; and to give reasonable notice in writing to the Governor of each of the States in which the physical property affected, or any part thereof, is situated, to the State Commission having jurisdiction over telephone companies, and to such other persons as he may deem advisable; and

(c) To act in all other cases upon applications filed under section 221(a) where the proposed expenditure for consolidation, acquisition or control is less than $500,000.

to the rejection of tariffs as authorized by subsection (d) thereof.

§ 0.298 Authority concerning Communications Satellite matters.

(a) The Chief of the Common Carrier Bureau is delegated authority to act upon applications from communications common carriers for authorization to purchase stock in the Communications Satellite Corporation, pursuant to the provisions of section 304(b) of the Communications Satellite Act and of Subpart H of Part 25 of this chapter.

(b) The Chief of the Common Carrier Bureau is delegated authority to act upon notification statements required to be filed under § 25.166 of this chapter by the Communications Satellite Corporation, other communications common carriers, and their respective prime contractors with respect to the procurement of apparatus, equipment, and services required for the establishment and operation of the communications satellite system and satellite terminal stations. This delegation is limited to taking the following actions:

(1) Determination that no action should be taken to prevent the proposed contracts from being awarded at any time subsequent to 10 days after the filing of the statements with the Commission;

(2) Notice that such statements are defective;

(3) Issuance of a public notice announcing a 30-day investigation period to determine whether the rules have been complied with;

(4) Determination that no action should be taken to prevent the proposed contract from being awarded at any time subsequent to 30 days after the date of the public notice.

(c) The Chief of the Common Carrier Bureau is delegated authority to act upon applications, requests, and other matters which are not in hearing status relating to communication satellite facilities and services as follows:

(1) For modifications of communication satellite earth station or space station construction permits; for operating licenses or modification or renewal of operating licenses for such facilities; for authorizations for developmental purposes covered by Part 25, Subpart E, of this chapter; and for modifications of approval to participate in construction of satellites in