[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: 47CFR0.331]



[Page 38-39]

 

                       TITLE 47--TELECOMMUNICATION

 

              CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION

 

PART 0_COMMISSION ORGANIZATION--Table of Contents

 

                   Subpart B_Delegations of Authority

 

Sec. 0.331  Authority delegated.



    The Chief, Wireless Telecommunications Bureau, is hereby delegated 

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

0.131, subject to the following exceptions and limitations.

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

Telecommunications Bureau shall not have authority to act on any radio 

applications that are in hearing status.

    (2) The Chief, Wireless Telecommunications Bureau shall not have 

authority to act on any complaints, petitions or requests, whether or 

not accompanied by an application, when such complaints, petitions or 

requests present new or novel questions of law or policy which cannot be 

resolved under outstanding Commission precedents and guidelines.

    (b) Authority concerning forfeitures and penalties. The Chief, 

Wireless Telecommunications Bureau, shall not have authority to impose, 

reduce, or cancel forfeitures pursuant to the Communications Act of 

1934, as amended, and imposed under regulations in this chapter in 

amounts of more than $80,000 for commercial radio providers and $20,000 

for private radio providers. Payments for bid withdrawal, default or to 

prevent unjust enrichment that are imposed pursuant to Section 309(j) of 

the Communications Act of 1934, as amended, and regulations in this 

chapter implementing Section 309(j) governing auction authority, are 

excluded from this restriction.

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

Wireless Telecommunications Bureau shall not have authority to act upon 

any applications for review of actions taken by the Chief, Wireless 

Telecommunications Bureau pursuant to any delegated authority, except 

that the Chief may dismiss any such application that does not comply 

with the filing requirements of Sec. 1.115 (d) and (f) of this chapter.



[[Page 39]]



    (d) Authority concerning rulemaking proceedings. The Chief, Wireless 

Telecommunications Bureau shall not have the authority to act upon 

notices of proposed rulemaking and inquiry, final orders in rulemaking 

proceedings and inquiry proceedings, and reports arising from any of the 

foregoing except such orders involving ministerial conforming amendments 

to rule parts, or orders conforming any of the applicable rules to 

formally adopted international conventions or agreements where novel 

questions of fact, law, or policy are not involved. In addition, 

revisions to the airport terminal use list in Sec. 90.35(c)(61) of this 

chapter and revisions to the Government Radiolocation list in Sec. 

90.371(b) of this chapter need not be referred to the Commission. Also, 

the addition of new Marine VHF frequency coordination committee(s) to 

Sec. 80.514 of this chapter need not be referred to the Commission if 

they do not involve novel questions of fact, policy or law, as well as 

requests by the United States Coast Guard to:

    (1) Designate radio protection areas for mandatory Vessel Traffic 

Services (VTS) and establish marine channels as VTS frequencies for 

these areas; or

    (2) Designate regions for shared commercial and non-commercial 

vessel use of VHF marine frequencies.

    (3) Designate by footnote to frequency table in Sec. 80.373(f) of 

this chapter marine VHF frequencies are available for intership port 

operations communications in defined port areas.



[60 FR 35506, July 10, 1995, as amended at 61 FR 26465, May 28, 1996; 62 

FR 40285, July 28, 1997; 65 FR 43715, July 14, 2000; 67 FR 63284, Oct. 

11, 2002; 69 FR 46440, Aug. 3, 2004]