[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: 47CFR0.291]



[Page 35-37]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 0_COMMISSION ORGANIZATION--Table of Contents

 

                   Subpart B_Delegations of Authority

 

Sec. 0.291  Authority delegated.



    The Chief, Wireline Competition Bureau, is hereby delegated 

authority to



[[Page 36]]



perform all functions of the Bureau, described in Sec. 0.91, subject to 

the following exceptions and limitations.

    (a) Authority concerning applications. (1) The Chief, Wireline 

Competition Bureau shall not have authority to act on any formal or 

informal common carrier applications or section 214 applications for 

common carrier services which are in hearing status.

    (2) The Chief, Wireline Competition 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 section 220 of the Act. The Chief, Wireline 

Competition Bureau shall not have authority to promulgate regulations or 

orders prescribing permanent depreciation rates for common carriers, or 

to prescribe interim depreciation rates to be effective more than one 

year, pursuant to section 220 of the Communications Act of 1934, as 

amended.

    (c) Authority concerning forfeitures. The Chief, Wireline 

Competition 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 more than $80,000.

    (d) Authority concerning applications for review. The Chief, 

Wireline Competition Bureau shall not have authority to act upon any 

applications for review of actions taken by the Chief, Wireline 

Competition Bureau, pursuant to any delegated authority.

    (e) Authority concerning rulemaking and investigatory proceedings. 

The Chief, Wireline Competition Bureau, shall not have authority to 

issue notices of proposed rulemaking, notices of inquiry, or reports or 

orders arising from either of the foregoing, except that the Chief, 

Wireline Competition Bureau, shall have authority, in consultation and 

coordination with the Chief, International Bureau, to issue and revise a 

manual on the details of the reporting requirements for international 

carriers set forth in Sec. 43.61(d) of this chapter.

    (f) Authority concerning the issuance of subpoenas. The Chief of the 

Wireline Competition Bureau or her/his designee is authorized 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 

jurisdiction of the Wireline Competition Bureau. Before issuing a 

subpoena, the Bureau shall obtain the approval of the Office of General 

Counsel.

    (g) The Chief, Wireline Competition Bureau, is delegated authority 

to enter into agreements with the National Institute of Standards and 

Technology to perform accreditation of Telecommunication Certification 

Bodies (TCBs) pursuant to Sec. Sec. 68.160 and 68.162 of this chapter. 

In addition, the Chief is delegated authority to develop specific 

methods that will be used to accredit TCBs, to designate TCBs, to make 

determinations regarding the continued acceptability of individual TCBs 

and to develop procedures that TCBs will use for performing post-market 

surveillance.

    (h) Authority concerning petitions for pricing flexibility. (1) The 

Chief, Wireline Competition Bureau, shall have authority to act on 

petitions filed pursuant to part 69, subpart H, of this chapter for 

pricing flexibility involving special access and dedicated transport 

services. This authority is not subject to the limitation set forth in 

paragraph (a)(2) of this section.

    (2) The Chief, Wireline Competition Bureau, shall not have authority 

to act on petitions filed pursuant to part 69, subpart H, of this 

chapter for pricing flexibility involving common line and traffic 

sensitive services.

    (i) Authority concerning schools and libraries support mechanism 

audits. The Chief, Wireline Competition Bureau, shall have authority to 

address audit findings relating to the schools and libraries support 

mechanism. This authority is not subject to the limitation set forth in 

paragraph (a)(2) of this section.



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

155, 303; 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, 1089; 

47 U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)



[44 FR 18501, Mar. 28, 1979]



[[Page 37]]





    Editorial Note: For Federal Register citations affecting Sec. 

0.291, see the List of CFR Sections Affected, which appears in the 

Finding Aids section of the printed volume and on GPO Access.