[Code of Federal Regulations]

[Title 47, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR0.201]



[Page 27-28]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 0_COMMISSION ORGANIZATION--Table of Contents

 

                   Subpart B_Delegations of Authority

 

Sec. 0.201  General provisions.



    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.



                                 General





    (a) There are three basic categories of delegations made by the 

Commission pursuant to section 5(c) of the Communications Act of 1934, 

as amended:

    (1) Delegations to act in non-hearing matters and proceedings. The 

great bulk of delegations in this category are made to bureau chiefs and 

other members of the Commission's staff. This category also includes 

delegations to individual commissioners and to boards or committees of 

commissioners.

    (2) Delegations to rule on interlocutory matters in hearing 

proceedings. Delegations in this category are made to the Chief 

Administrative Law Judge.



    Note to paragraph (a)(2): Interlocutory matters which are not 

delegated to the Chief Administrative Law Judge are ruled on by the 

presiding officer by virtue of the authority vested in him to control 

the course and conduct of the hearing. This authority stems from section 

7 of the Administrative Procedure Act and section 409 of the 

Communications Act rather than from delegations of authority made 

pursuant to section 5(c) of the Communications Act. (See Sec. Sec. 

0.218 and 0.341.).



    (3) Delegations to review an initial decision. Delegations in this 

category are made to individual commissioners, to panels of 

commissioners.

    (b) Delegations are arranged in this subpart under headings denoting 

the person, panel, or board to whom authority has been delegated, rather 

than by the categories listed in paragraph (a) of this section.

    (c) Procedures pertaining to the filing and disposition of 

interlocutory pleadings in hearing proceedings are set forth in 

Sec. Sec. 1.291 through 1.298 of this



[[Page 28]]



chapter. Procedures pertaining to appeals from rulings of the presiding 

officer are set forth in Sec. 1.301. Procedures pertaining to 

reconsideration of the presiding officer's rulings are set forth in 

Sec. 1.303. Procedures pertaining to reconsideration and review of 

actions taken pursuant to delegated authority are set forth in 

Sec. Sec. 1.101, 1.102, 1.104, 1.106, 1.113, 1.115, and 1.117. 

Procedures pertaining to exceptions to initial decisions are set forth 

in Sec. Sec. 1.276-1.279.

    (d) The Commission, by vote of a majority of the members then 

holding office, may delegate its functions either by rule or by order, 

and may at any time amend, modify, or rescind any such rule or order.

    (1) Functions of a continuing or recurring nature are delegated by 

rule. The rule is published in the Federal Register and is included in 

this subpart.

    (2) Functions pertaining to a particular matter or proceeding are 

delegated by order. The order is published in the Federal Register and 

associated with the record of that matter or proceeding, but neither the 

order nor any reference to the delegation made thereby is included in 

this subpart.



[28 FR 12402, Nov. 22, 1963, as amended at 50 FR 26567, June 27, 1985; 

62 FR 4170, Jan. 29, 1997]