[Code of Federal Regulations]
[Title 47, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR0.111]

[Page 17-20]
 
                       TITLE 47--TELECOMMUNICATION
 
              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
 
PART 0--COMMISSION ORGANIZATION--Table of Contents
 
                         Subpart A--Organization
 
Sec.  0.111  Functions of the Bureau.

    (a) Serve as the primary Commission entity responsible for 
enforcement of the Communications Act and other communications statutes, 
the Commission's rules, Commission orders and Commission authorizations, 
other than matters that are addressed in the context of a pending 
application for a license or other authorization or in the context of 
administration, including post-grant administration, of a licensing or 
other authorization or registration program.
    (1) Resolve complaints, including complaints filed under section 208 
of the Communications Act, regarding acts or omissions of common 
carriers (wireline, wireless and international).

    Note to paragaph (a)(1):
    The Consumer and Governmental Affairs Bureau has primary 
responsibility for informally resolving individual informal complaints 
from consumers against common carriers (wireline, wireless and 
international) and against other wireless licensees, and informal 
consumer complaints involving access to telecommunications services and 
equipment for persons with disabilities. The International Bureau has 
primary responsibility for complaints regarding international 
settlements rules and policies.

    (2) Resolve complaints regarding acts or omissions of non-common 
carriers subject to the Commission's jurisdiction under Title II of the 
Communications Act and related provisions, including complaints against 
aggregators under section 226 of the Communications Act and against 
entities subject to the requirements of section 227 of the 
Communications Act.

    Note to paragraph (a)(2):
    The Consumer and Governmental Affairs Bureau has primary 
responsibility for informally resolving individual informal complaints 
from consumers against non-common carriers subject to the Commission's 
jurisdiction under Title II of the Communications Act and related 
provisions.

    (3) Resolve formal complaints regarding accessibility to 
communications services and equipment for persons with disabilities, 
including complaints filed pursuant to sections 225 and 255 of the 
Communications Act.
    (4) Resolve complaints regarding radiofrequency interference and 
complaints regarding radiofrequency equipment and devices, including 
complaints of violations of sections 302 and 333 of the Communications 
Act.


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    Note to paragraph (a)(4):
    The Office of Engineering and Technology has shared responsibility 
for radiofrequency equipment and device complaints.

    (5) Resolve complaints regarding compliance with the Commission's 
Emergency Alert System rules.
    (6) Resolve complaints regarding the lighting and marking of radio 
transmitting towers under section 303(q) of the Communications Act.

    Note to paragraph (a)(6):
    The Wireless Telecommunications Bureau has responsibility for 
administration of the tower registration program.

    (7) Resolve complaints regarding compliance with statutory and 
regulatory provisions regarding indecent communications subject to the 
Commission's jurisdiction.
    (8) Resolve complaints regarding the broadcast and cable television 
children's television programming commercial limits contained in section 
102 of the Children's Television Act.

    Note to paragraph (a)(8):
    The Media Bureau has responsibility for enforcement of these limits 
in the broadcast television renewal context.

    (9) Resolve complaints regarding unauthorized construction and 
operation of communications facilities, including complaints of 
violations of section 301 of the Communications Act.
    (10) Resolve complaints regarding false distress signals under 
section 325(a) of the Communications Act.
    (11) Resolve other complaints against Title III licensees and 
permittees.

    Note to paragraph (a)(11):
    The Media Bureau has primary responsibility for complaints regarding 
children's television programming requirements, and for political and 
related programming matters and equal employment opportunity matters 
involving broadcasters, cable operators and other multichannel video 
programming distributors. The relevant licensing Bureau has primary 
responsibility for complaints involving tower siting and the 
Commission's environmental rules. The Media Bureau has primary 
responsibility for complaints regarding compliance with conditions 
imposed on transfers of control and assignments of licenses of Cable 
Antenna Relay Service authorizations.

    (12) Resolve complaints regarding pole attachments filed under 
section 224 of the Communications Act.
    (13) Resolve complaints regarding multichannel video and cable 
television service under part 76 of the Commission's rules.

    Note to Paragraph (a)(13):
    The Media Bureau has primary responsibility for complaints regarding 
the following: subpart A (general), with the exception of Sec.  76.11 of 
this chapter; subpart B (Registration Statements); subpart C (Federal-
State/Local Relationships [Reserved]; subpart D (carriage of television 
broadcast signals); subpart E (equal employment opportunity 
requirements); subpart F (nonduplication protection and syndicated 
exclusivity); subpart G, Sec. Sec.  76.205, 76.206 and 76.209 of this 
chapter (political broadcasting); subpart I (Forms and Reports); subpart 
J (ownership); subpart L (cable television access); subpart N, Sec.  
76.944 of this chapter (basic cable rate appeals), and Sec. Sec.  
76.970, 76.971 and 76.977 of this chapter (cable leased access rates); 
subpart O (competitive access to cable programming); subpart P 
(competitive availability of navigation devices); subpart Q (regulation 
of carriage agreements); subpart S (Open Video Systems); and subparts T, 
U and V to the extent related to the matters listed in this note.

    (14) Resolve complaints regarding other matters assigned to it by 
the Commission, matters that do not fall within the responsibility of 
another Bureau or Office or matters that are determined by mutual 
agreement with another Bureau or Office to be appropriately handled by 
the Enforcement Bureau.
    (15) Identify and analyze complaint information, conduct 
investigations, conduct external audits and collect information, 
including pursuant to sections 218, 220, 308(b), 403 and 409(e) through 
(k) of the Communications Act, in connection with complaints, on its own 
initiative or upon request of another Bureau or Office.
    (16) Issue or draft orders taking or recommending appropriate action 
in response to complaints or investigations, including, but not limited 
to, admonishments, damage awards where authorized by law or other 
affirmative relief, notices of violation, notices of apparent liability 
and related orders, notices of opportunity for hearing regarding a 
potential forfeiture, hearing designation orders, orders designating 
licenses or other authorizations for a revocation hearing and consent 
decrees. Issue or draft appropriate orders

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after a hearing has been terminated by an Administrative Law Judge on 
the basis of waiver. Issue or draft appropriate interlocutory orders and 
take or recommend appropriate action in the exercise of its 
responsibilities.
    (17) Encourage cooperative compliance efforts.
    (18) Mediate and settle disputes.
    (19) Provide information regarding pending complaints, compliance 
with relevant requirements and the complaint process, where appropriate 
and to the extent the information is not available from the Consumer and 
Governmental Affairs Bureau or other Bureaus and Offices.
    (20) Exercise responsibility for rulemaking proceedings regarding 
general enforcement policies and procedures.
    (21) Advise the Commission or responsible Bureau or Office regarding 
the enforcement implications of existing and proposed rules.
    (22) Serve as the primary point of contact for coordinating 
enforcement matters, including market and consumer enforcement matters, 
with other federal, state and local government agencies, as well as with 
foreign governments after appropriate consultation, and provide 
assistance to such entities. Refer matters to such entities, as well as 
to private sector entities, as appropriate.
    (b) Serve as trial staff in formal hearings conducted pursuant to 5 
U.S.C. 556 regarding applications, revocation, forfeitures and other 
matters designated for hearing.
    (c) Under the general direction of the Defense Commissioner, 
coordinate the defense activities of the Commission and provide support 
to the Defense Commissioner with respect to his or her participation in 
the Joint Telecommunications Resources Board, and the National Security 
Telecommunications Advisory Committee and other organizations. Recommend 
national emergency plans and preparedness programs covering Commission 
functions during national emergency conditions. Support the Chief of the 
Common Carrier, International and Wireless Telecommunications Bureaus on 
matters involving assignment of Telecommunications Service Priority 
System priorities and in administration of that system. The Chief, 
Enforcement Bureau, or that person's designee, acts as FCC Alternate 
Defense Coordinator and principal to the National Communications System. 
Perform such alternate functions as may be delegated during a national 
emergency or following activation of the President's war emergency 
powers as specified in section 706 of the Communications Act.
    (d) In coordination with the International Bureau, participate in 
international conferences dealing with monitoring and measurement; serve 
as the point of contact for the U.S. Government in matters of 
international monitoring, fixed and mobile direction-finding and 
interference resolution; and oversee coordination of non-routine 
communications and materials between the Commission and international or 
regional public organizations or foreign administrations.
    (e) In conjunction with the Office of Engineering and Technology, 
work with technical standards bodies.
    (f) Administer the Commission's Emergency Alert System. Be 
responsible for rulemakings involving the Emergency Alert System.
    (g) Oversee the Commission's privatized ship radio safety inspection 
program.
    (h) Have authority to rule on emergency requests for Special 
Temporary Authority during non-business hours.
    (i) Provide field support for, and field representation of, the 
Bureau, other Bureaus and Offices and the Commission. Coordinate with 
other Bureaus and Offices as appropriate.
    (j) Handle congressional and other correspondence relating to or 
requesting specific enforcement actions, specific complaints or other 
specific matters within the responsibility of the Bureau, to the extent 
not otherwise handled by the Consumer Information Bureau, the Office of 
General Counsel (impermissible ex parte presentations) or another Bureau 
or Office.
    (k) Have authority to issue non-hearing related subpoenas for the 
attendance and testimony of witnesses and the production of books, 
papers, correspondence, memoranda, schedules of charges, contracts, 
agreements, and any other records deemed relevant to the investigation 
of matters within the

[[Page 20]]

responsibility of the Bureau. Before issuing a subpoena, the Enforcement 
Bureau shall obtain the approval of the Office of General Counsel.
    (l) Perform such other functions as may be assigned or referred to 
it by the Commission.

[64 FR 60716, Nov. 8, 1999, as amended at 67 FR 13218, Mar. 21, 2002]