[Title 47 CFR 0]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Part 0 - COMMISSION ORGANIZATION]
[From the U.S. Government Printing Office]


47TELECOMMUNICATION12004-10-012004-10-01falseCOMMISSION ORGANIZATION0PART 0TELECOMMUNICATIONFEDERAL COMMUNICATIONS COMMISSIONGENERAL
PART 0_COMMISSION ORGANIZATION--Table of Contents




                         Subpart A_Organization

                                 General

Sec.
0.1 The Commission.
0.3 The Chairman.
0.5 General description of Commission organization and operations.

                       Office of Managing Director

0.11 Functions of the Office.

                       Office of Inspector General

0.13 Functions of the Office.

                        Office of Media Relations

0.15 Functions of the Office.

                      Office of Legislative Affairs

0.17 Functions of the Office.

            Office of Strategic Planning and Policy Analysis

0.21 Functions of the Office.

                  Office of Engineering and Technology

0.31 Functions of the Office.

                        Office of General Counsel

0.41 Functions of the Office.

                          International Bureau

0.51 Functions of the Bureau

                              Media Bureau

0.61 Functions of the Bureau.

                      Office of Workplace Diversity

0.81 Functions of the Office.

                       Wireline Competition Bureau

0.91 Functions of the Bureau.

             Office of Communications Business Opportunities

0.101 Functions of the office.

                           Enforcement Bureau

0.111 Functions of the Bureau.
0.121 Location of field installations.

                   Wireless Telecommunications Bureau

0.131 Functions of the Bureau.

                Consumer and Governmental Affairs Bureau

0.141 Functions of the Bureau.

                   Office of Administrative Law Judges

0.151 Functions of the Office.

     Homeland Security, Defense and Emergency Preparedness Functions

0.181 The Defense Commissioner.
0.182 Chief, Enforcement Bureau.
0.185 Responsibilities of the bureaus and staff offices.
0.186 Emergency Relocation Board.

                   Subpart B_Delegations of Authority

                                 General

0.201 General provisions.
0.203 Authority of person, panel, or board to which functions are 
          delegated.
0.204 The exercise of delegated authority.

                              Commissioners

0.211 Chairman.
0.212 Board of Commissioners.
0.218 Authority of, and delegated to, an individual Commissioner or 
          Commissioners.

                            Managing Director

0.231 Authority delegated.

                             Chief Engineer

0.241 Authority delegated.
0.247 Record of actions taken.

                             General Counsel

0.251 Authority delegated.

                          International Bureau

0.261 Authority delegated.
0.262 Record of actions taken.

            Office of Strategic Planning and Policy Analysis

0.271 Authority delegated.

                           Chief, Media Bureau

0.283 Authority delegated.
0.284 Actions taken under delegated authority.
0.285 Record of actions taken.

                   Chief, Wireline Competition Bureau

0.291 Authority delegated.
0.301 [Reserved]
0.302 Record of actions taken.
0.303 [Reserved]

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0.304 Authority for determinations of exempt telecommunications company 
          status.

                           Enforcement Bureau

0.311 Authority delegated.
0.314 Additional authority delegated.
0.317 Record of action taken.

                   Wireless Telecommunications Bureau

0.331 Authority delegated.
0.332 Actions taken under delegated authority.
0.333-0.337 [Reserved]

                        Administrative Law Judges

0.341 Authority of administrative law judge.
0.347 Record of actions taken.

                     Chief Administrative Law Judge

0.351 Authority delegated.
0.357 Record of actions taken.

                Consumer and Governmental Affairs Bureau

0.361 Authority delegated.

             Office of Communications Business Opportunities

0.371 Authority delegated.

        National Security and Emergency Preparedness Delegations

0.381 Defense Commissioner.
0.383 Emergency Relocation Board, authority delegated.
0.387 Other national security and emergency preparedness delegations; 
          cross reference.

                      Office of Workplace Diversity

0.391 Authority delegated.

                      Subpart C_General Information

                                 General

0.401 Location of Commission offices.
0.403 Office hours.
0.405 Statutory provisions.
0.406 The rules and regulations.
0.408 OMB control numbers and expiration dates assigned pursuant to the 
          Paperwork Reduction Act of 1995.
0.409 Commission policy on private printing of FCC forms.

                          Printed Publications

0.411 General reference materials.
0.413 The Commission's printed publications.
0.414 The Communications Act and other statutory materials.
0.415 The rules and regulations (looseleaf service).
0.416 The Federal Communications Commission Record.
0.417 The Annual Reports.
0.420 Other Commission publications.

               Forms and Documents Available Upon Request

0.421 Application forms.
0.422 Current action documents and public notices.
0.423 Information bulletins.

         Lists Containing Information Compiled by the Commission

0.431 The FCC service frequency lists.
0.434 Data bases and lists of authorized broadcast stations and pending 
          broadcast applications.

              Public Information and Inspection of Records

0.441 General.
0.442 Disclosure to other Federal government agencies of information 
          submitted to the Commission in confidence.
0.445 Publication, availability and use of opinions, orders, policy 
          statements, interpretations, administrative manuals, and staff 
          instructions.
0.451 Inspection of records: Generally.
0.453 Public reference rooms.
0.455 Other locations at which records may be inspected.
0.457 Records not routinely available for public inspection.
0.458 Nonpublic information.
0.459 Requests that materials or information submitted to the Commission 
          be withheld from public inspection.
0.460 Requests for inspection of records which are routinely available 
          for public inspection.
0.461 Requests for inspection of materials not routinely available for 
          public inspection.
0.463 Demand by competent authority for the production of documents or 
          testimony concerning information contained therein.
0.465 Request for copies of materials which are available, or made 
          available, for public inspection.
0.466 Definitions.
0.467 Search and review fees.
0.468 Interest.
0.469 Advance payments.
0.470 Assessment of fees.

 Places for Making Submittals or Requests, for Filing Applications, and 
                         for Taking Examinations

0.471 Miscellaneous submittals or requests.
0.473 Reports of violations.
0.475 Applications for employment.
0.481 Place of filing applications for radio authorizations.

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0.482 Application for waiver of wireless radio service rules.
0.483 Applications for amateur or commercial radio operator licenses.
0.484 Amateur radio operator examinations.
0.485 Commercial radio operator examinations.
0.489 Applications for ship radio inspection and periodical survey.
0.491 Application for exemption from compulsory ship radio requirements.
0.493 Non-radio common carrier applications.

  Subpart D_Mandatory Declassification of National Security Information

0.501 General.
0.502 Purpose.
0.503 Submission of requests for mandatory declassification review.
0.504 Processing requests for declassification.
0.505 Fees and charges.
0.506 FOIA and Privacy Act requests.

                    Subpart E_Privacy Act Regulations

0.551 Purpose and scope; definitions.
0.552 Notice identifying Commission systems of records.
0.553 New uses of information.
0.554 Procedures for requests pertaining to individual records in a 
          system of records.
0.555 Disclosure of record information to individuals.
0.556 Request to correct or amend records.
0.557 Administrative review of an initial decision not to amend a 
          record.
0.558 Advice and assistance.
0.559 Disclosure of disputed information to persons other than the 
          individual to whom it pertains.
0.560 Penalty for false representation of identity.
0.561 Exemptions.

                      Subpart F_Meeting Procedures

0.601 Definitions.
0.602 Open meetings.
0.603 Bases for closing a meeting to the public.
0.605 Procedures for announcing meetings.
0.606 Procedures for closing a meeting to the public.
0.607 Transcript, recording or minutes; availability to the public.

                Subpart G_Intergovernmental Communication

0.701 Intergovernmental Advisory Committee.

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, 
unless otherwise noted.



                         Subpart A_Organization

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

                                 General



Sec. 0.1  The Commission.

    The Federal Communications Commission is composed of five (5) 
members who are appointed by the president subject to confirmation by 
the Senate. Normally, one Commissioner is appointed or reappointed each 
year, for a term of five (5) years.

[53 FR 29054, Aug. 2, 1988]



Sec. 0.3  The Chairman.

    (a) One of the members of the Commission is designated by the 
President to serve as Chairman, or chief executive officer, of the 
Commission. As Chairman, he has the following duties and 
responsibilities:
    (1) To preside at all meetings and sessions of the Commission.
    (2) To represent the Commission in all matters relating to 
legislation and legislative reports; however, any other Commissioner may 
present his own or minority views or supplemental reports.
    (3) To represent the Commission in all matters requiring conferences 
or communications with other governmental officers, departments or 
agencies.
    (4) To coordinate and organize the work of the Commission in such a 
manner as to promote prompt and efficient disposition of all matters 
within the jurisdiction of the Commission.
    (b) The Commission will, in the case of a vacancy in the Office of 
the Chairman of the Commission, or in the absence or inability of the 
Chairman to serve, temporarily designate one of its members to act as 
Chairman until the cause or circumstance requiring such designation has 
been eliminated or corrected.

[32 FR 10569, July 19, 1967]



Sec. 0.5  General description of Commission organization and operations.

    (a) Principal staff units. The Commission is assisted in the 
performance of its responsibilities by its staff, which is

[[Page 8]]

divided into the following principal units:
    (1) Office of Managing Director.
    (2) Office of Engineering and Technology.
    (3) Office of General Counsel.
    (4) Office of Strategic Planning and Policy Analysis.
    (5) Office of Media Relations.
    (6) Office of Legislative Affairs.
    (7) Office of Inspector General.
    (8) Office of Communications Business Opportunities.
    (9) Office of Administrative Law Judges.
    (10) Office of Workplace Diversity
    (11) Wireline Competition Bureau.
    (12) Wireless Telecommunications Bureau.
    (13) International Bureau.
    (14) Media Bureau.
    (15) Enforcement Bureau.
    (16) Consumer and Governmental Affairs Bureau.
    (b) Staff responsibilities and functions. The organization and 
functions of these major staff units are described in detail in 
Sec. Sec. 0.11 through 0.151. The defense and emergency preparedness 
functions of the Commission are set forth separately, beginning at Sec. 
0.181. For a complete description of staff functions, reference should 
be made to those provisions. (See also the U.S. Government Organization 
Manual, which contains a chart showing the Commission's organization, 
the names of the members and principal staff officers of the Commission, 
and other information concerning the Commission.)
    (c) Delegations of authority to the staff. Pursuant to section 5(c) 
of the Communications Act, the Commission has delegated authority to its 
staff to act on matters which are minor or routine or settled in nature 
and those in which immediate action may be necessary. See subpart B of 
this part. Actions taken under delegated authority are subject to review 
by the Commission, on its own motion or on an application for review 
filed by a person aggrieved by the action. Except for the possibility of 
review, actions taken under delegated authority have the same force and 
effect as actions taken by the Commission. The delegation of authority 
to a staff officer, however, does not mean that he will exercise that 
authority in all matters subject to the delegation. In non-hearing 
matters, the staff is at liberty to refer any matter at any stage to the 
Commission for action, upon concluding that it involves matters 
warranting the Commission's consideration, and the Commission may 
instruct the staff to do so.
    (d) Commission action. Matters requiring Commission action, or 
warranting its consideration, are dealt with by the Commission at 
regular monthly meetings, or at special meetings called to consider a 
particular matter. Meetings are normally held at the principal offices 
of the Commission in the District of Columbia, but may be held elsewhere 
in the United States. In appropriate circumstances, Commission action 
may be taken between meetings ``by circulation'', which involves the 
submission of a document to each of the Commissioners for his approval.
    (e) Compliance with Federal financial management requirements. Any 
Bureau or Office recommending Commission action that may affect agency 
compliance with Federal financial management requirements must confer 
with the Office of Managing Director. Such items will indicate the 
position of the Managing Director when forwarded to the Commission. Any 
Bureau or Office taking action under delegated authority that may affect 
agency compliance with Federal financial management requirements must 
confer with the Office of the Managing Director before taking action.

(Secs. 4(i), 303(r) and 5(c)(i), Communications Act of 1934, as amended; 
47 CFR 0.61 and 0.283)

[32 FR 10569, July 19, 1967, as amended at 62 FR 4170, Jan. 29, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 0.5, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

                       Office of Managing Director



Sec. 0.11  Functions of the Office.

    (a) The Managing Director is appointed by the Chairman with the 
approval of the Commission. Under the supervision and direction of the 
Chairman, the Managing Director shall serve

[[Page 9]]

as the Commission's chief operating and executive official with the 
following duties and responsibilities:
    (1) Provide managerial leadership to and exercise supervision and 
direction over the Commission's Bureaus and Offices with respect to 
management and administrative matters but not substantive regulatory 
matters such as regulatory policy and rule making, authorization of 
service, administration of sanctions, and adjudication.
    (2) Formulate and administer all management and administrative 
policies, programs, and directives for the Commission consistent with 
authority delegated by the Commission and the Chairman and recommend to 
the Chairman and the Commission major changes in such policies and 
programs.
    (3) Assist the Chairman in carrying out the administrative and 
executive responsibilities delegated to the Chairman as the 
administrative head of the agency.
    (4) Advise the Chairman and Commission on management, 
administrative, and related matters; review and evaluate the programs 
and procedures of the Commission; initiate action or make 
recommendations as may be necessary to administer the Communications Act 
most effectively in the public interest. Assess the management, 
administrative, and resource implications of any proposed action or 
decision to be taken by the Commission or by a Bureau or Office under 
delegated authority; recommend to the Chairman and Commission program 
priorities, resource and position allocations, management, and 
administrative policies.
    (5) Plan and administer the Commissions performance review system. 
Assure that objections, priorities, and action plans established by 
Bureau and Offices are consistent with overall Commission objectives and 
priorities.
    (6) Plan and administer the Commission's Program Evaluation System. 
Ensure that evaluation results are utilized in Commission decision-
making and priority-setting activities.
    (7) Direct agency efforts to improve management effectiveness, 
operational efficiency, employee productivity, and service to the 
public. Administer Commission-wide management programs.
    (8) Plan and manage the administrative affairs of the Commission 
with respect to the functions of personnel and position management; 
labor-management relations; training; budget and financial management; 
information management and processing; organization planning; management 
analysis; procurement; office space management and utilization; 
administrative and office services; supply and property management; 
records management; personnel and physical security; and international 
telecommunications settlements.
    (9) [Reserved]
    (10) With the concurrence of the General Counsel, interpret rules 
and regulations pertaining to fees.
    (11) Develop and maintain the Commission's Continuity of Operations 
Plan (COOP).
    (b) The Secretary is the official custodian of the Commission's 
documents.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 307)

[46 FR 59975, Dec. 8, 1981, as amended at 47 FR 41380, Sept. 20, 1982; 
49 FR 45583, Nov. 19, 1984; 50 FR 27953, July 9, 1985; 53 FR 29054, Aug. 
2, 1988; 53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4, 1989; 59 FR 
26971, May 25, 1994; 60 FR 5323, Jan. 27, 1995; 62 FR 15853, Apr. 3, 
1997; 62 FR 51052, Sept. 30, 1997; 67 FR 13217, Mar. 21, 2002; 69 FR 
30233, May 27, 2004]

                       Office of Inspector General



Sec. 0.13  Functions of the Office.

    The Office of Inspector General is directly responsible to the 
Chairman as head of the agency. However, the Chairman may not prevent or 
prohibit the Office of Inspector General from carrying out its duties 
and responsibilities as mandated by the Inspector General Act Amendments 
of 1988 (Pub. L. 100-504) and the Inspector General Act of 1978 (5 
U.S.C. Appendix 3), as amended. The Office has the following duties and 
responsibilities.
    (a) Provide policy direction for and to conduct, supervise and 
coordinate audits and investigations relating to the programs and 
operations of the Federal Communications Commission.
    (b) Review existing and proposed legislation and regulations 
relating to programs and operations of the Commission and to make 
recommendations

[[Page 10]]

in its required semiannual reports to Congress concerning the impact of 
such legislation or regulations on the economy and efficiency in the 
administration of these programs and operations, or the prevention and 
detection of fraud and abuse in such programs and operations.
    (c) Recommend policies and conduct or coordinate other activities to 
promote economy and efficiency in the administration of Commission 
programs, or detect and prevent fraud and abuse in Commission 
activities. Coordinate with other governmental agencies and non-
governmental entities on these matters.
    (d) Keep the Chairman of the Commission--and through him the other 
Commissioners--and the Congress fully and currently informed concerning 
fraud and other serious problems, abuses, and deficiencies relating to 
the administration of Commission programs and operations; recommend 
corrective action and report on the progress made in implementing such 
corrective action. In addition to providing the Chairman with the 
results of completed audits and inspections, the Inspector General shall 
prepare statutorily required reports, identified as such, to include:
    (1) Semiannual reports summarizing activities of the office during 
the preceding six month period (due to the Chairman by April 30 and 
October 31);
    (2) Special reports specifically identifying any serious or flagrant 
problems, abuses or deficiencies (due to the Chairman immediately upon 
discovery of these matters by the Inspector General).

[54 FR 15194, Apr. 17, 1989]

                        Office of Media Relations



Sec. 0.15  Functions of the Office.

    (a) Enhance public understanding of and compliance with the 
Commission's regulatory requirements through dissemination of 
information to the news media.
    (b) Act as the principal channel for communicating information to 
the news media on Commission policies, programs, and activities.
    (c) Advise the Commission on information dissemination as it affects 
liaison with the media.
    (d) Manage the FCC's Internet site and oversee the agency's Web 
standards and guidelines.
    (e) Maintain liaison with the Consumer and Governmental Affairs 
Bureau on press and media issues concerning consumer assistance and 
information including informal consumer complaints.
    (f) Manage the FCC's audio/visual support services and maintain 
liaison with outside parties regarding the broadcast of Commission 
proceedings.

[64 FR 60716, Nov. 8, 1999, as amended at 67 FR 13217, Mar. 21, 2002; 67 
FR 46112, July 12, 2002]

                      Office of Legislative Affairs



Sec. 0.17  Functions of the Office.

    The Office of Legislative Affairs is directly responsible to the 
Commission. The Office has the following duties and responsibilities:
    (a) Advise and make recommendations to the Commission with respect 
to legislation proposed by members of Congress or the Executive Branch 
and coordinate the preparation of Commission views thereon for 
submission to Congress or the Executive Branch.
    (b) Coordinate with the Office of General Counsel responses to 
Congressional or Executive Branch inquiries as to the local 
ramifications of Commission policies, regulations, rules, and statutory 
interpretations.
    (c) Assist the Office of the Managing Director in preparation of the 
annual report to Congress, the Commission budget and appropriations 
legislation to Congress; assist the Office of Media Relations in 
preparation of the Commission's Annual Report.
    (d) Assist the Chairman and Commissioners in preparation for, and 
the coordination of their appearances before the Committees of Congress.
    (e) Coordinate the annual Commission legislative program.
    (f) Coordinate Commission and staff responses to inquiries by 
individual members of Congress, congressional committees and staffs.
    (g) Coordinate with the Consumer and Governmental Affairs Bureau on

[[Page 11]]

issues involving informal consumer complaints and other general 
inquiries by consumers.

[52 FR 42438, Nov. 5, 1987, as amended at 64 FR 60716, Nov. 8, 1999; 67 
FR 13217, Mar. 21, 2002]

            Office of Strategic Planning and Policy Analysis



Sec. 0.21  Functions of the Office.

    The Office of Strategic Planning and Policy Analysis, as a staff 
office to the Commission, assists, advises and makes recommendations to 
the Commission with respect to the development and implementation of 
communications policies in all areas of Commission authority and 
responsibility. A principal function of the Office is to conduct 
independent policy analyses to assess the long-term effects of 
alternative Commission policies on domestic and international 
communication industries and services, with due consideration of the 
responsibilities and programs of other staff units, and to recommend 
appropriate Commission action. The Office is also responsible for 
coordinating the policy research and development activities of other 
staff units, with special concern for matters which transcend their 
individual areas of responsibility. The Office is composed of legal, 
engineering, economic, and sociological policy analysts and other 
personnel, and is headed by a chief having the following duties and 
responsibilities:
    (a) To identify and define significant communications policy issues 
in all areas of Commission interest and responsibility;
    (b) To conduct technical, economic, and sociological impact studies 
of existing and proposed communications policies and operations, 
including cooperative studies with other staff units and consultant and 
contract efforts as appropriate;
    (c) To develop and evaluate alternative policy options and 
approaches for consideration by the Commission;
    (d) To review and comment on all significant actions proposed to be 
taken by the Commission in terms of their overall policy implications;
    (e) To recommend and evaluate governmental (state and federal), 
academic, and industry sponsored research affecting Commission policy 
issues;
    (f) To prepare briefings, position papers, proposed Commission 
actions, or other agenda items as appropriate;
    (g) To manage the Commission's policy research program, recommend 
budget levels and priorities for this program, and serve as central 
account manager for all contractual policy research studies funded by 
the Commission;
    (h) To coordinate the formation and presentation of Commission 
positions in communications policy; represent the Commission at 
appropriate discussions and conferences.
    (i) Develop and recommend procedures and plans for the effective 
handling of policy issues within the Commission.
    (j) To help ensure that FCC policy encourages and promotes 
competitive market structures by providing bureaus and offices with the 
necessary support to identify, evaluate, and effectively and 
consistently resolve competitiveness issues.

[38 FR 17005, June 28, 1973, as amended at 45 FR 25400, Apr. 15, 1980; 
51 FR 12615, Apr. 14, 1986; 60 FR 5323, Jan. 27, 1995; 64 FR 5950, Feb. 
8, 1999; 68 FR 11747, Mar. 12, 2003]

                  Office of Engineering and Technology



Sec. 0.31  Functions of the Office.

    The Office of Engineering and Technology has the following duties 
and responsibilities:
    (a) To evaluate evolving technology for interference potential and 
to suggest ways to facilitate its introduction in response to Bureau 
initiatives, and advise the Commission and staff offices in such 
matters.
    (b) Represent the Commission at various national conferences and 
meetings (and, in consultation with the International Bureau, at various 
international conferences and meetings) devoted to the progress of 
communications and the development of technical and other information 
and standards, and serve as Commission coordinator for the various 
national conferences when appropriate.

[[Page 12]]

    (c) To conduct scientific and technical studies in advanced phases 
of terrestrial and space communications, and special projects to obtain 
theoretical and experimental data on new or improved techniques.
    (d) To advise the Commission concerning engineering matters, 
including the privacy and security of communications, involved in making 
or implementing policy or in resolving specific cases.
    (e) To develop and implement procedures to acquire, store, and 
retrieve scientific and technical information useful in the engineering 
work of the Commission.
    (f) To advise and represent the Commission on frequency allocation 
and spectrum usage matters.
    (g) To render, in cooperation with the General Counsel and the 
Office of Strategic Planning and Policy Analysis, advice to the 
Commission, participate in and coordinate staff work with respect to 
general frequency allocation proceedings and other proceedings not 
within the jurisdiction of any single bureau, and render service and 
advice with respect to rule making matters and proceedings affecting 
more than one Bureau.
    (h) To collaborate with and advise other Bureaus and Offices in the 
formulation of technical requirements of the Rules.
    (i) To administer parts 2, 5, 15, and 18 of this chapter, including 
licensing, recordkeeping, and rule making.
    (j) To perform all engineering and management functions of the 
Commission with respect to formulating rules and regulations, technical 
standards, and general policies for parts 15, 18 and Sec. 63.100 of 
this chapter, and for type approval and acceptance, and certification of 
radio equipment for compliance with the Rules.
    (k) To maintain liaison with other agencies of government, technical 
experts representing foreign governments, and members of the public and 
industry concerned with communications and frequency allocation and 
usage.
    (l) To calibrate and standardize technical equipment and 
installations used by the Commission.
    (m) To exercise authority as may be assigned or referred by the 
Commission pursuant to section 5(c) of the Communications Act of 1934, 
as amended.
    (n) To assist the Consumer and Governmental Affairs Bureau on issues 
involving informal consumer complaints and other general inquiries by 
consumers.

(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, 1088, 
1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[45 FR 28718, Apr. 30, 1980, as amended at 46 FR 45342, Sept. 11, 1981; 
51 FR 12615, Apr. 14, 1986; 60 FR 5323, Jan. 27, 1995; 62 FR 4170, Jan. 
29, 1997; 63 FR 37499, July 13, 1998; 64 FR 60716, Nov. 8, 1999; 67 FR 
13217, Mar. 21, 2002; 68 FR 11747, Mar. 12, 2003]

                        Office of General Counsel



Sec. 0.41  Functions of the Office.

    The Office of the General Counsel has the following duties and 
responsibilities:
    (a) To advise and represent the Commission in matters of litigation.
    (b) To advise and make recommendations to the Commission with 
respect to proposed legislation and submit agency views on legislation 
when appropriate.
    (c) To interpret the statutes, international agreements, and 
international regulations affecting the Commission.
    (d) To prepare and make recommendations and interpretations 
concerning procedural rules of general applicability and to review all 
rules for consistency with other rules, uniformity, and legal 
sufficiency.
    (e) To conduct research in legal matters as directed by the 
Commission.
    (f) In cooperation with the Office of Engineering and Technology, to 
participate in, render advice to the Commission, and coordinate the 
staff work with respect to general frequency allocation proceedings and 
other proceedings not within the jurisdiction of any single bureau, and 
to render advice with respect to rule making matters and proceedings 
affecting more than one bureau.
    (g) To exercise such authority as may be assigned or referred to it 
by the Commission pursuant to section 5(c) of the Communications Act of 
1934, as amended.

[[Page 13]]

    (h) To cooperate with the International Bureau on all matters 
pertaining to space satellite communications.
    (i) To interpret statutes and executive orders affecting the 
Commission's national defense responsibilities, and to perform such 
functions involving implementation of such statutes and executive orders 
as may be assigned to it by the Commission or the Defense Commissioner.
    (j) To perform all legal functions with respect to leases, 
contracts, tort claims and such other internal legal problems as may 
arise.
    (k) To issue determinations on matters regarding the interception 
and recording of telephone conversations by Commission personnel. 
Nothing in this paragraph, however, shall affect the authority of the 
Inspector General to intercept or record telephone conversations as 
necessary in the conduct of investigations or audits.
    (l) To advise the Commission in the preparation and revision of 
rules and the implementation and administration of ethics regulations 
and the Freedom of Information, Privacy, Government in the Sunshine and 
Alternative Dispute Resolution Acts.
    (m) To assist and make recommendations to the Commission, and to 
individual Commissioners assigned to review initial decisions, as to the 
disposition of cases of adjudication and such other cases as, by 
Commission policy, are handled in the same manner and which have been 
designated for hearing.
    (n) To serve as the principal operating office on ex parte matters 
involving restricted proceedings. To review and dispose of all ex parte 
communications received from the public and others.

(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, 1088, 
1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[28 FR 12392, Nov. 22, 1963; 37 FR 19372, Sept. 20, 1972, as amended at 
40 FR 17253, Apr. 18, 1975; 43 FR 29006, July 5, 1978; 44 FR 39179, July 
5, 1979; 46 FR 57050, Nov. 20, 1981; 49 FR 47604, Dec. 6, 1984; 50 FR 
2985, Jan. 23, 1985; 50 FR 49048, Nov. 29, 1985; 51 FR 12615, Apr. 14, 
1986; 60 FR 5323, Jan. 27, 1995; 60 FR 34901, July 5, 1995; 62 FR 4170, 
Jan. 29, 1997; 62 FR 15853, Apr. 3, 1997; 64 FR 5950, Feb. 8, 1999; 64 
FR 57585, Oct. 26, 1999]

                          International Bureau



Sec. 0.51  Functions of the Bureau.

    The International Bureau has the following duties and 
responsibilities:
    (a) To initiate and direct the development and articulation of 
international telecommunications policies, consistent with the 
priorities of the Commission;
    (b) To advise the Chairman and Commissioners on matters of 
international telecommunications policy, and on the adequacy of the 
Commission's actions to promote the vital interests of the American 
public in international commerce, national defense, and foreign policy;
    (c) To develop, recommend, and administer policies, rules, 
standards, and procedures for the authorization and regulation of 
international telecommunications facilities and services, domestic and 
international satellite systems, and international broadcast services;
    (d) To monitor compliance with the terms and conditions of 
authorizations and licenses granted by the Bureau, and to pursue 
enforcement actions in conjunction with appropriate bureaus and offices;
    (e) To represent the Commission on international telecommunications 
matters at both domestic and international conferences and meetings, and 
to direct and coordinate the Commission's preparation for such 
conferences and meetings;
    (f) To serve as the single focal point within the Commission for 
cooperation and consultation on international telecommunications matters 
with other

[[Page 14]]

Federal agencies, international or foreign organizations, and 
appropriate regulatory bodies and officials of foreign governments;
    (g) To develop, coordinate with other Federal agencies, and 
administer the regulatory assistance and training programs for foreign 
administrations to promote telecommunications development;
    (h) To provide advice and technical assistance to U.S. trade 
officials in the negotiation and implementation of telecommunications 
trade agreements, and consult with other bureaus and offices as 
appropriate;
    (i) To conduct economic, legal, technical, statistical, and other 
appropriate studies, surveys, and analyses in support of international 
telecommunications policies and programs.
    (j) To collect and disseminate within the Commission information and 
data on international telecommunications policies, regulatory and market 
developments in other countries, and international organizations;
    (k) To work with the Office of Legislative Affairs to coordinate the 
Commission's activities on significant matters of international policy 
with appropriate Congressional offices;
    (l) To promote the international coordination of spectrum 
allocations and frequency and orbital assignments so as to minimize 
cases of international radio interference involving U.S. licensees;
    (m) To direct and coordinate, in consultation with other bureaus and 
offices as appropriate, negotiation of international agreements to 
provide for arrangements and procedures for coordination of radio 
frequency assignments to prevent or resolve international radio 
interference involving U.S. licensees;
    (n) To ensure fulfillment of the Commission's responsibilities under 
international agreements and treaty obligations, and, consistent with 
Commission policy, to ensure that the Commission's regulations, 
procedures, and frequency allocations comply with the mandatory 
requirements of all applicable international and bilateral agreements;
    (o) To oversee and, as appropriate, administer activities pertaining 
to the international consultation, coordination, and notification of 
U.S. frequency and orbital assignments, including activities required by 
bilateral agreements, the international Radio Regulations, and other 
international agreements;
    (p) To advise the Chairman on priorities for international travel 
and develop, coordinate, and administer the international travel plan;
    (q) To exercise 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 jurisdiction of the International Bureau. Before 
issuing a subpoena, the International Bureau shall obtain the approval 
of the Office of General Counsel.
    (r) To assist the Consumer and Governmental Affairs Bureau on issues 
involving informal consumer complaints and other general inquiries by 
consumers.

[60 FR 5323, Jan. 27, 1995, as amended at 60 FR 35504, July 10, 1995; 64 
FR 60716, Nov. 8, 1999; 67 FR 13217, Mar. 21, 2002]

                              Media Bureau



Sec. 0.61  Functions of the Bureau.

    The Media Bureau develops, recommends and administers the policy and 
licensing programs for the regulation of media, including cable 
television, broadcast television and radio, and satellite services in 
the United States and its territories. The Bureau advises and recommends 
to the Commission, or acts for the Commission under delegated authority, 
in matters pertaining to multichannel video programming distribution, 
broadcast radio and television, direct broadcast satellite service 
policy, and associated matters. The Bureau will, among other things:
    (a) Process applications for authorization, assignment, transfer and 
renewal of media services, including AM, FM, TV, the cable TV relay 
service, and related services.

[[Page 15]]

    (b) Conduct rulemaking proceedings concerning the legal, 
engineering, and economic aspects of media service.
    (c) Conduct comprehensive studies and analyses concerning the legal, 
engineering, and economic aspects of electronic media services.
    (d) Administer and enforce rules and policies regarding equal 
employment opportunity.
    (e) Administer and enforce rules and policies regarding political 
programming and related matters.
    (f) Administer and enforce rules and policies regarding:
    (1) Radio and television broadcast industry services;
    (2) Cable television systems, operators, and services, including 
those relating to rates, technical standards, customer service, 
ownership, competition to cable systems, broadcast station signal 
retransmission and carriage, program access, wiring equipment, channel 
leasing, and federal-state/local regulatory relationships. This 
includes: acting, after Commission assumption of jurisdiction to 
regulate cable television rates for basic service and associated 
equipment, on cable operator requests for approval of existing or 
increased rates; reviewing appeals of local franchising authorities' 
rate making decisions involving rates for the basic service tier and 
associated equipment, except when such appeals raise novel or unusual 
issues; evaluating basic rate regulation certification requests filed by 
cable system franchising authorities; periodically reviewing and, when 
appropriate, revising standard forms used in administering: the 
certification process for local franchising authorities wishing to 
regulate rates, and the substantive rate regulation standards prescribed 
by the Commission;
    (3) Open video systems;
    (4) Preemption of restrictions on devices designed for over-the-air 
reception of television broadcast signals, multichannel multipoint 
distribution service, and direct broadcast satellite services;
    (5) The commercial availability of navigational devices;
    (6) The accessibility of video programming to persons with 
disabilities;
    (7) Program access and carriage;
    (8) The Satellite Home Viewer Improvement Act; and
    (9) Post-licensing for satellite consumer broadcast services (DBS, 
DTH and DARS).
    Note to paragraph (f):
    The Media Bureau's enforcement authority does not include 
enforcement in those areas assigned to the Enforcement Bureau. See 47 
CFR 0.111.
    (g) Conduct rulemaking and policy proceedings regarding pole 
attachments.
    (h) Process and act on all applications for authorization, petitions 
for special relief, petitions to deny, waiver requests, requests for 
certification, objections, complaints, and requests for declaratory 
rulings and stays regarding the areas listed.
    (i) Assist the Consumer and Governmental Affairs Bureau on issues 
involving informal consumer complaints and other general inquiries by 
consumers.
    (j) Exercise 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 jurisdiction of the Media Bureau. Before issuing a 
subpoena, the Media Bureau shall obtain the approval of the Office of 
General Counsel.
    (k) Carry out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec. 0.283.

[67 FR 13217, Mar. 21, 2002]

                      Office of Workplace Diversity



Sec. 0.81  Functions of the Office.

    (a) The Office of Workplace Diversity (OWD), as a staff office to 
the Commission, shall develop, coordinate, evaluate, and recommend to 
the Commission policies, programs, and practices that foster a diverse 
workforce and promote and ensure equal opportunity for all employees and 
applicants for employment. A principal function of the Office is to 
lead, advise, and assist the Commission, including all of its component 
Bureau/Office managers, supervisors,

[[Page 16]]

and staff, at all levels, on ways to promote inclusion and full 
participation of all employees in pursuit of the Commission's mission. 
In accordance with this function, the Office shall:
    (1) Conduct independent analyses of the Commission's policies and 
practices to ensure that those policies and practices foster diversity 
in the workplace and ensure equal opportunity and equal treatment for 
employees and applicants; and
    (2) Advise the Commission, Bureaus, and Offices of their 
responsibilities under Title VII of the Civil Rights Act of 1964, as 
amended; Section 501 of the Rehabilitation Act of 1973, as amended; Age 
Discrimination in Employment Act of 1967, as amended; Executive Order 
11478; and all other statutes, Executive Orders, and regulatory 
provisions relating to workplace diversity, equal employment 
opportunity, nondiscrimination, and civil rights.
    (b) The Office has the following duties and responsibilities:
    (1) Through its Director, serves as the principal advisor to the 
Chairman and Commission officials on all aspects of workplace diversity, 
affirmative recruitment, equal employment opportunity, non-
discrimination, and civil rights;
    (2) Provides leadership and guidance to create a work environment 
that values and encourages diversity in the workplace;
    (3) Is responsible for developing, implementing, and evaluating 
programs and policies to foster a workplace whose diversity reflects the 
diverse makeup of the Nation, enhances the mission of the Commission, 
and demonstrates the value and effectiveness of a diverse workforce;
    (4) Is responsible for developing, implementing, and evaluating 
programs and policies that promote understanding among members of the 
Commission's workforce of their differences and the value of those 
differences and provide a channel for communication among diverse 
members of the workforce at all levels;
    (5) Develops, implements, and evaluates programs and policies to 
ensure that all members of the Commission's workforce and candidates for 
employment have equal access to opportunities for employment, career 
growth, training, and development and are protected from discrimination 
and harassment;
    (6) Develops and recommends Commission-wide workforce diversity 
goals and reports on achievements;
    (7) Is responsible for developing, implementing, and evaluating 
programs and policies to enable all Bureaus and Offices to manage a 
diverse workforce effectively and in compliance with all equal 
employment opportunity and civil rights requirements;
    (8) Works closely with the Associate Managing Director--Human 
Resources Management to ensure compliance with Federal and Commission 
recruitment and staffing requirements;
    (9) Manages the Commission's equal employment opportunity compliance 
program. Responsibilities in this area include processing complaints 
alleging discrimination, recommending to the Chairman final decisions on 
EEO complaints within the Commission, and providing counseling services 
to employees and applicants on EEO matters;
    (10) Develops and administers the Commission's program of 
accessibility and accommodation for disabled persons in accordance with 
applicable regulations;
    (11) Represents the Commission at meeting with other public and 
private groups and organizations on matters counseling workplace 
diversity and equal employment opportunity and workplace diversity 
issues;
    (12) Maintains liaison with and solicits views of organizations 
within and outside the Commission on matters relating to equal 
opportunity and workplace diversity.

[61 FR 2727, Jan. 29, 1996]

                       Wireline Competition Bureau



Sec. 0.91  Functions of the Bureau.

    The Wireline Competition Bureau advises and makes recommendations to 
the Commission, or acts for the Commission under delegated authority, in 
all matters pertaining to the regulation and licensing of communications 
common carriers and ancillary operations (other than matters pertaining

[[Page 17]]

exclusively to the regulation and licensing of wireless 
telecommunications services and facilities). The Bureau will, among 
other things:
    (a) Develop and recommend policy goals, objectives, programs and 
plans for the Commission in rulemaking and adjudicatory matters 
concerning wireline telecommunications, drawing on relevant economic, 
technological, legislative, regulatory and judicial information and 
developments. Overall objectives include meeting the present and future 
wireline telecommunications needs of the Nation; fostering economic 
growth; ensuring choice, opportunity, and fairness in the development of 
wireline telecommunications; promoting economically efficient investment 
in wireline telecommunications infrastructure; promoting the development 
and widespread availability of wireline telecommunications services; and 
developing deregulatory initiatives where appropriate.
    (b) Act on requests for interpretation or waiver of rules.
    (c) Administer the provisions of the Communications Act requiring 
that the charges, practices, classifications, and regulations of 
communications common carriers providing interstate and foreign services 
are just and reasonable.
    (d) Act on applications for service and facility authorizations, 
including applications from Bell operating companies for authority to 
provide in-region interLATA services and applications from wireline 
carriers for transfers of licenses and discontinuance of service.
    (e) Develop and administer rules and policies relating to incumbent 
local exchange carrier accounting.
    (f) Develop and administer recordkeeping and reporting requirements 
for telecommunications carriers.
    (g) Provide federal staff support for the Federal-State Joint Board 
on Universal Service and the Federal-State Joint Board on Jurisdictional 
Separations.
    (h) Review the deployment of advanced telecommunications capability 
to ensure that such deployment is reasonable and timely, consistent with 
section 706 of the Act, and, where appropriate, recommend action to 
encourage such deployment.
    (i) Provide economic, financial, and technical analyses of 
telecommunications markets and carrier performance.
    (j) Act on petitions for de novo review of decisions of the 
Administrative Council for Terminal Attachments regarding technical 
criteria pursuant to Sec. 68.614.
    (k) Interact with the public, local, state, and other governmental 
agencies and industry groups on wireline telecommunications regulation 
and related matters. Assist the Consumer and Governmental Affairs Bureau 
on issues involving informal consumer complaints and other general 
inquiries by consumers.
    (l) Review and coordinate orders, programs and actions initiated by 
other Bureaus and Offices in matters affecting wireline 
telecommunications to ensure consistency with overall Commission policy.
    (m) Carry out the functions of the Commission under the 
Communications Act of 1934, as amended, except as reserved to the 
Commission under Sec. 0.331.

[67 FR 13218, Mar. 21, 2002, as amended at 68 FR 13850, Mar. 21, 2003]

    Effective Date Note: At 69 FR 55109, Sept. 13, 2004, Sec. 0.91 was 
amended by adding paragraph (n), effective Oct. 13, 2004. For the 
convenience of the user, the added text is set forth as follows:

Sec. 0.91  Functions of the Bureau.

                                * * * * *

    (n) Address audit findings relating to the schools and libraries 
support mechanism, subject to the overall authority of the Managing 
Director as the Commission's audit follow-up official.

             Office of Communications Business Opportunities



Sec. 0.101  Functions of the office.

    (a) The Office of Communications Business Opportunities (OCBO), as a 
staff office to the Commission, develops, coordinates, evaluates, and 
recommends to the Commission, policies, programs, and practices that 
promote participation by small entities, women,

[[Page 18]]

and minorities in the communications industry. A principal function of 
the Office is to lead, advise, and assist the Commission, including all 
of its component Bureau/Office managers, supervisors, and staff, at all 
levels, on ways to ensure that the competitive concerns of small 
entities, women, and minorities, are fully considered by the agency in 
notice and comment rulemakings. In accordance with this function, the 
Office:
    (1) Conducts independent analyses of the Commission's policies and 
practices to ensure that those policies and practices fully consider the 
interests of small entities, women, and minorities.
    (2) Advises the Commission, Bureaus, and Offices of their 
responsibilities under the Congressional Review Act provisions regarding 
small businesses; the Report to Congress regarding Market Entry Barriers 
for Small Telecommunications Businesses (47 U.S.C. 257); and the 
Telecommunications Development Fund (47 U.S.C. 614).
    (b) The Office has the following duties and responsibilities:
    (1) Through its director, serves as the principal small business 
policy advisor to the Commission;
    (2) Develops, implements, and evaluates programs and policies that 
promote participation by small entities, women and minorities in the 
communications industry;
    (3) Manages the Regulatory Flexibility Analysis process pursuant to 
the Regulatory Flexibility Act and the Small Business Regulatory 
Enforcement Fairness Act to ensure that small business interests are 
fully considered in agency actions;
    (4) Develops and recommends Commission-wide goals and objectives for 
addressing the concerns of small entities, women, and minorities and 
reports of achievement;
    (5) Acts as the principal channel for disseminating information 
regarding the Commission's activities and programs affecting small 
entities, women, and minorities;
    (6) Develops, recommends, coordinates, and administers objectives, 
plans and programs to encourage participation by small entities, women, 
and minorities in the decision-making process;
    (7) Promotes increased awareness within the Commission of the impact 
of policies on small entities, women, and minorities;
    (8) Acts as the Commission's liaison to other federal agencies on 
matters relating to small business.

[69 FR 7376, Feb. 17, 2003]

                           Enforcement Bureau



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 paragraph (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

[[Page 19]]

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.

    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 universal service suspension and debarment proceedings 
pursuant to Sec. 54.521 of this chapter.
    (15) 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.
    (16) Identify and analyze complaint information, conduct 
investigations,

[[Page 20]]

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.
    (17) 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 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.
    (18) Encourage cooperative compliance efforts.
    (19) Mediate and settle disputes.
    (20) 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.
    (21) Exercise responsibility for rulemaking proceedings regarding 
general enforcement policies and procedures.
    (22) Advise the Commission or responsible Bureau or Office regarding 
the enforcement and homeland security implications of existing and 
proposed rules.
    (23) 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 homeland security activities of the Commission, including 
national security and emergency preparedness and defense mobilization, 
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 Wireline Competition, 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 Homeland Security and 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.

[[Page 21]]

    (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 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; 68 
FR 36942, June 20, 2003; 69 FR 30233, May 27, 2004]



Sec. 0.121  Location of field installations.

    (a) Field offices are located throughout the United States. For the 
address and phone number of the closest office contact the Enforcement 
Bureau or see the U.S. Government Manual.
    (b) Protected field offices are located at the following 
geographical coordinates (coordinates are referenced to North American 
Datum 1983 (NAD83)):

Allegan, Michigan, 42[deg]36[min]20.1[sec] N. Latitude, 
    85[deg]57[min]20.1[sec] W. Longitude
Belfast, Maine, 44[deg]26[min]42.3[sec] N. Latitude, 
    69[deg]04[min]56.1[sec] W. Longitude
Canandaigua, New York, 42[deg]54[min]48.2[sec] N. Latitude, 
    77[deg]15[min]57.9[sec] W. Longitude
Douglas, Arizona, 31[deg]30[min]02.3[sec] N. Latitude, 
    109[deg]39[min]14.3[sec] W. Longitude
Ferndale, Washington, 48[deg]57[min]20.4[sec] N. Latitude, 
    122[deg]33[min]17.6[sec] W. Longitude
Grand Island, Nebraska, 40[deg]55[min]21.0[sec] N. Latitude, 
    98[deg]25[min]43.2[sec] W. Longitude
Kenai, Alaska, 60[deg]43[min]26.0[sec] N. Latitude, 
    151[deg]20[min]15.0[sec] W. Longitude
Kingsville, Texas, 27[deg]26[min]30.1[sec] N. Latitude, 
    97[deg]53[min]01.0[sec] W. Longitude
Laurel, Maryland, 39[deg]09[min]54.4[sec] N. Latitude, 
    76[deg]49[min]15.9[sec] W. Longitude
Livermore, California, 37[deg]43[min]29.7[sec] N. Latitude, 
    121[deg]45[min]15.8[sec] W. Longitude
Powder Springs, Georgia, 33[deg]51[min]44.4[sec] N. Latitude, 
    84[deg]43[min]25.8[sec] W. Longitude
Santa Isabel, Puerto Rico, 18[deg]00[min]18.9[sec] N. Latitude, 
    66[deg]22[min]30.6[sec] W. Longitude
Vero Beach, Florida, 27[deg]36[min]22.1[sec] N. Latitude, 
    80[deg]38[min]05.2[sec] W. Longitude
Waipahu, Hawaii, 21[deg]22[min]33.6[sec] N. Latitude, 
    157[deg]59[min]44.1[sec] W. Longitude

[53 FR 29054, Aug. 2, 1988, as amended at 61 FR 8477, Mar. 5, 1996; 63 
FR 68918, Dec. 14, 1998; 64 FR 60718, Nov. 8, 1999; 67 FR 13219, Mar. 
21, 2002; 69 FR 58097, Sept. 29, 2004]

                   Wireless Telecommunications Bureau



Sec. 0.131  Functions of the Bureau.

    The Wireless Telecommunications Bureau develops, recommends and 
administers the programs and policies for the regulation of the terms 
and conditions under which communications entities offer domestic 
wireless telecommunications services and of ancillary operations related 
to the provision of such services (satellite communications excluded). 
These functions include all wireless telecommunications service 
providers' and licensees' activities. The Bureau also performs the 
following specific functions:
    (a) Advises and makes recommendations to the Commission, or acts for 
the Commission under delegated authority, in all matters pertaining to 
the licensing and regulation of wireless telecommunications, including 
ancillary operations related to the provision or use of such services; 
and any matters concerning wireless carriers that also affect wireline 
carriers in cooperation with the Wireline Competition Bureau. These 
activities include: policy development and coordination; conducting 
rulemaking and adjudicatory proceedings, including licensing and 
complaint proceedings for matters not within the responsibility of the 
Enforcement Bureau; acting on waivers of rules; acting on applications 
for service

[[Page 22]]

and facility authorizations; compliance and enforcement activities for 
matters not within the responsibility of the Enforcement Bureau; 
determining resource impacts of existing, planned or recommended 
Commission activities concerning wireless telecommunications, and 
developing and recommending resource deployment priorities.
    (b) Develops and recommends policy goals, objectives, programs and 
plans for the Commission on matters concerning wireless 
telecommunications, drawing upon relevant economic, technological, 
legislative, regulatory and judicial information and developments. Such 
matters include meeting the present and future wireless 
telecommunications needs of the Nation; fostering economic growth by 
promoting efficiency and innovation in the allocation, licensing and use 
of the electromagnetic spectrum; ensuring choice, opportunity and 
fairness in the development of wireless telecommunications services and 
markets; promoting economically efficient investment in wireless 
telecommunications infrastructure and the integration of wireless 
communications networks into the public telecommunications network; 
enabling access to national communications services; promoting the 
development and widespread availability of wireless telecommunications 
services. Reviews and coordinates orders, programs and actions initiated 
by other Bureaus and Offices in matters affecting wireless 
telecommunications to ensure consistency of overall Commission policy.
    (c) Serves as the Commission's principal policy and administrative 
staff resource with regard to spectrum auctions. Administers all 
Commission spectrum auctions. Develops, recommends and administers 
policies, programs and rules concerning auctions of spectrum for 
wireless telecommunications. Advises the Commission on policy, 
engineering and technical matters relating to auctions of spectrum used 
for other purposes. Administers procurement of auction-related services 
from outside contractors. Provides policy, administrative and technical 
assistance to other Bureaus and Offices on auction issues.
    (d) Regulates the charges, practices, classifications, terms and 
conditions for, and facilities used to provide, wireless 
telecommunications services. Develops and recommends consistent, 
integrated policies, programs and rules for the regulation of commercial 
mobile radio services and private mobile radio services.
    (e) Develops and recommends policy, rules, standards, procedures and 
forms for the authorization and regulation of wireless 
telecommunications facilities and services, including all facility 
authorization applications involving domestic terrestrial transmission 
facilities. Coordinates with and assists the International Bureau 
regarding frequency assignment, coordination and interference matters.
    (f) Develops and recommends responses to legislative, regulatory or 
judicial inquiries and proposals concerning or affecting wireless 
telecommunications.
    (g) Develops and recommends policies regarding matters affecting the 
collaboration and coordination of relations among Federal agencies, and 
between the Federal government and the states, concerning wireless 
telecommunications issues. Maintains liaison with Federal and state 
government bodies concerning such issues.
    (h) Develops and recommends policies, programs and rules to ensure 
interference-free operation of wireless telecommunications equipment and 
networks. Coordinates with and assists other Bureaus and Offices, as 
appropriate, concerning spectrum management, planning, and interference 
matters and issues, and in compliance and enforcement activities. 
Studies technical requirements for equipment for wireless 
telecommunications services in accordance with standards established by 
the Chief, Office of Engineering and Technology.
    (i) Advises and assists consumers, businesses and other government 
agencies on wireless telecommunications issues and matters related 
thereto. Also assists the Consumer and Governmental Affairs Bureau with 
informal consumer complaints and other general inquiries by consumers.
    (j) Administers the Commission's commercial radio operator program

[[Page 23]]

(part 13 of this chapter) and the Commission's program for registration, 
construction, marking and lighting of antenna structures (part 17 of 
this chapter).
    (k) Coordinates with and assists the International Bureau with 
respect to treaty activities and international conferences concerning 
wireless telecommunications.
    (l) Exercises such authority as may be assigned, delegated or 
referred to it by the Commission.
    (m) Certifies frequency coordinators; considers petitions seeking 
review of coordinator actions; and engages in oversight of coordinator 
actions and practices.
    (n) Administers the Commission's amateur radio programs (part 97 of 
this chapter) and the issuing of maritime mobile service identities 
(MMSIs).
    (o) Exercises 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 wireless telecommunications operators for any alleged violation or 
violations of the Communications Act of 1934, as amended, or the 
Commission's rules and orders. Before issuing a subpoena, the Wireless 
Telecommunications Bureau shall obtain the approval of the Office of 
General Counsel.
    (p) Certifies, in the name of the Commission, volunteer entities to 
coordinate maintain and disseminate a common data base of amateur 
station special event call signs, and issues Public Notices detailing 
the procedures of amateur service call sign systems.

[60 FR 35505, July 10, 1995, as amended at 61 FR 4361, Feb. 6, 1996; 62 
FR 17567, Apr. 10, 1997; 64 FR 60718, Nov. 8, 1999; 65 FR 375, Jan. 5, 
2000; 67 FR 13219, Mar. 21, 2002; 69 FR 24997, May 5, 2004]

                Consumer and Governmental Affairs Bureau



Sec. 0.141  Functions of the Bureau.

    The Consumer and Governmental Affairs Bureau develops and 
administers the Commission's consumer and governmental affairs policies 
and initiatives to enhance the public's understanding of the 
Commission's work and to facilitate the Agency's relationships with 
other governmental agencies and organizations. The Bureau is responsible 
for rulemaking proceedings regarding general consumer education policies 
and procedures and serves as the primary Commission entity responsible 
for communicating with the general public regarding Commission policies, 
programs, and activities in order to facilitate public participation in 
the Commission's decision-making processes. The Bureau also performs the 
following functions:
    (a) Advises and makes recommendations to the Commission, or acts for 
the Commission under delegated authority, in matters pertaining to 
consumers and governmental affairs. This includes policy development and 
coordination as well as adjudication and rulemaking.
    (b) Collaborates with, and advises and assists, the public, state 
and local governments, and other governmental agencies and industry 
groups on consumer matters.
    (c) Advises the Commission and other Bureaus and Offices of consumer 
and governmental affairs-related areas of concern or interest; 
initiates, reviews, and coordinates orders, programs and actions, in 
conjunction with other Bureaus and Offices, in matters regarding 
consumer education policies and procedures, and any other related issues 
affecting consumer policy; represents the Commission on consumer and 
governmental-related committees, working groups, task forces and 
conferences within and outside the Commission; and provides expert 
advice and assistance to Bureaus and Offices and consumers regarding 
compliance with applicable disability and accessibility requirements, 
rules, and regulations.
    (d) Collects and analyzes information from industry, other Bureaus 
and Offices, and the media, as well as information received in the 
Bureau from informal consumer inquiries and complaints, rulemakings, and 
consumer forums; identifies trends that affect consumers; in 
consultation with the Office of the Managing Director, provides 
objectives and evaluation methods for the

[[Page 24]]

public information portion of the Commission's Government Performance 
and Results Act submissions and other Commission-wide strategic planning 
efforts.
    (e) Researches, develops, and distributes materials to inform 
consumers about the Commission's rules, proposals, and events, and to 
promote consumer participation in Commission rulemakings and activities; 
maintains the Commission's Consumer Information Directory; develops a 
library of commonly requested materials on issues of interest to all 
consumers. Ensures that alternative translations of Commission materials 
are available to Commission employees, Bureaus, Offices, and members of 
the public.
    (f) Advises and makes recommendations to the Commission, or acts for 
the Commission under delegated authority, in matters pertaining to 
persons with disabilities. Provides expert advice and assistance, as 
required, to other Bureaus and Offices, consumers, industry, and others 
on issues relevant to persons with disabilities. Initiates rulemakings, 
where appropriate; reviews relevant agenda items and other documents and 
coordinates with Bureaus and Offices to develop recommendations and 
propose policies to ensure that communications are accessible to persons 
with disabilities, in conformance with existing disability laws and 
policies, and that they support the Commission's goal of increasing 
accessibility of communications services and technologies for persons 
with disabilities.
    (g) Plans, develops, and conducts consumer outreach and education 
initiatives to educate the public about important Commission regulatory 
programs. In coordination with other Bureaus and Offices, establishes 
liaison(s) for information sharing purposes to ensure coordination on 
all consumer outreach projects. Ensures that alternative translations of 
Commission materials are available to Commission employees, Bureaus, 
Offices and members of the public.
    (h) Serves as the official FCC records custodian for designated 
records, including intake processing, organization and file maintenance, 
reference services, and retirement and retrieval of records; manages the 
Electronic Comment Filing System and certifies records for adjudicatory 
and court proceedings. Maintains manual and computerized files that 
provide for the public inspection of public record materials concerning 
Broadcast Ownership, AM/FM/TV, TV Translators, FM Translators, Cable TV, 
Wireless, Auction, Common Carrier Tariff matters, International space 
station files, earth station files, DBS files, and other miscellaneous 
international files. Also maintains for public inspection Time Brokerage 
and Affiliation Agreements, court citation files, and legislative 
histories concerning telecommunications dockets. Provides the public and 
Commission staff prompt access to manual and computerized records and 
filing systems.
    (i) Provides informal mediation and resolution of individual 
informal consumer inquiries and complaints consistent with Commission 
regulations. Resolves certain classes of informal complaints, as 
specified by the Commission, through findings of fact and issuance of 
orders. Receives, reviews, and analyzes responses to informal 
complaints; maintains manual and computerized files that permit the 
public inspection of informal consumer complaints; mediates and attempts 
to settle unresolved disputes in informal complaints as appropriate; and 
coordinates with other Bureaus and Offices to ensure that consumers are 
provided with accurate, up-to-date information. Develops and fosters 
partnerships with state regulatory entities to promote the sharing of 
information pertaining to informal complaint files maintained by the 
Bureau.
    (j) Provides leadership to other Bureaus and Offices for 
dissemination of consumer information via the Internet.
    (k) In coordination with other Bureaus and Offices, handles 
Congressional and other correspondence related to specific informal 
consumer complaints, or other specific matters within the responsibility 
of the Bureau, to the extent not otherwise handled by the Office of 
General Counsel or other Bureaus or Offices. Responds to and/or 
coordinates due diligence and

[[Page 25]]

other requests for information pertaining to informal inquiries and 
complaints under the responsibility of the Bureau with other Bureaus and 
Offices.

[67 FR 13219, Mar. 21, 2002]

                   Office of Administrative Law Judges



Sec. 0.151  Functions of the Office.

    The Office of Administrative Law Judges consists of a Chief 
Administrative Law Judge, an Assistant Chief Administrative Law Judge, 
and as many other Administrative Law Judges qualified and appointed 
pursuant to the requirements of section 11 of the Administrative 
Procedure Act as the Commission may find necessary. It is responsible 
for hearing and conducting all adjudicatory cases designated for any 
evidentiary adjudicatory hearing other than those designated to be heard 
by the Commission en banc, those designated to be heard by one or more 
members of the Commission, and those involving the authorization of 
service in the Instructional Television Fixed Service. The Office of 
Administrative Law Judges is also responsible for conducting such other 
hearings as the Commission may assign.

[61 FR 10689, Mar. 15, 1996]

     Homeland Security, Defense and Emergency Preparedness Functions



Sec. 0.181  The Defense Commissioner.

    The Defense Commissioner is designated by the Commission. The 
Defense Commissioner directs the homeland security, national security 
and emergency preparedness, and defense activities of the Commission and 
has the following duties and responsibilities:
    (a) To keep the Commission informed as to significant developments 
in the field of homeland security, emergency preparedness, defense, and 
any related activities that involve formulation or revision of 
Commission policy in any area of responsibility of the Commission.
    (b) To represent the Commission in homeland security, national 
security and emergency preparedness, and defense matters requiring 
conferences or communications with other governmental officers, 
departments, or agencies.
    (c) To act as the Homeland Security and Defense Coordinator in 
representations with other agencies with respect to planning for the 
continuity of the essential functions of the Commission under emergency 
conditions.
    (d) To serve as a member of the Joint Telecommunications Resources 
Board (JTRB).
    (e) To serve as the principal point of contact for the Commission on 
all matters pertaining to the Department of Homeland Security.
    (f) To take such measures as will assure continuity of the 
Commission's functions under any foreseeable circumstances with a 
minimum of interruption. In the event of an emergency, the Defense 
Commissioner, in consultation with the Managing Director, will decide 
whether to activate the Commission's Continuity of Operations Plan.
    (g) In the event of enemy attack, or the imminent threat thereof, or 
other disaster resulting in the inability of the Commission to function 
at its offices in Washington, D.C., to assume all of the duties and 
responsibilities of the Commission and the Chairman, until relieved or 
augmented by other Commissioners or members of the staff, as set forth 
in Sec. Sec. 0.186 and 0.383.
    (h) To approve national emergency plans and develop preparedness 
programs covering: provision of service by common carriers; broadcasting 
and cable facilities, satellite and the wireless radio services; radio 
frequency assignment; electromagnetic radiation; investigation and 
enforcement.
    (i) To perform such other duties and assume such other 
responsibilities related to the Commission's defense activities as may 
be necessary for the continuity of functions and the protection of 
Commission personnel and property.

[29 FR 14664, Oct. 28, 1964, as amended at 41 FR 31209, July 27, 1976; 
64 FR 60720, Nov. 8, 1999; 69 FR 30233, May 27, 2004]



Sec. 0.182  Chief, Enforcement Bureau.

    (a) Recommends national emergency plans and preparedness programs 
covering: Provision of service by common

[[Page 26]]

carriers, broadcasting and cable facilities, satellite and the wireless 
radio services; radio frequency assignment; electro-magnetic radiation; 
investigation and enforcement.
    (b) In coordination with the Office of Managing Director, which has 
responsibility for developing the Commission's Continuity of Operations 
Plan (COOP), acts as Alternate Homeland Security and Defense Coordinator 
in representations with other agencies with respect to planning for the 
continuity of the essential functions of the Commission under emergency 
conditions.
    (c) Keeps the Defense Commissioner informed as to significant 
developments in the field of homeland security.
    (d) Serves as the FCC's representative on the National 
Communications System's Committees.
    (e) Under the general direction of the Defense Commissioner 
coordinates the homeland security, national security and emergency 
preparedness, and defense activities of the Commission, including, 
Continuity of Government Planning, the Emergency Alert System (EAS) and 
other functions as may be delegated during a national emergency or 
activation of the President's war emergency powers as specified in 
section 706 of the Communications Act. Maintains liaison with FCC 
Bureaus/Offices; represents the Defense Commissioner with other 
Government agencies and organizations, the telecommunications industry 
and FCC licensees on homeland security matters; and, as requested, 
represents the Commission at meetings and conferences.
    (f) Is authorized to declare that a temporary state of 
communications emergency exists pursuant to Sec. 97.401(b) of this 
chapter and to act on behalf of the Commission with respect to the 
operation of amateur stations during such temporary state of 
communications emergency.
    (g) Serves as the FCC's representative on the National 
Communications System's Committees.
    (h) Under the general direction of the Defense Commissioner 
coordinates the National Security and Emergency Preparedness (NSEP) 
activities of the Commission including Continuity of Government 
Planning, the Emergency Alert System (EAS) and other functions as may be 
delegated during a national emergency or activation of the President's 
war emergency powers as specified in section 706 of the Communications 
Act. Maintains liaison with FCC Bureaus/Offices, represents the Defense 
Commissioner with other Government agencies and organizations, the 
telecommunications industry and FCC licensees on NSEP matters; and, as 
requested, represents the Commission at NSEP meetings and conferences.
    (i) Is authorized to declare that a temporary state of 
communications emergency exists pursuant to Sec. 97.401(c) of this 
chapter and to act on behalf of the Commission with respect to the 
operation of amateur stations during such temporary state of 
communications emergency.

[64 FR 60720, Nov. 8, 1999, as amended at 67 FR 13220, Mar. 21, 2002; 69 
FR 30233, May 27, 2004]



Sec. 0.185  Responsibilities of the bureaus and staff offices.

    The head of each of the bureaus and staff offices, in rendering 
assistance to the Chief, Enforcement Bureau in the performance of that 
person's duties with respect to homeland security, national security and 
emergency preparedness, and defense activities will have the following 
duties and responsibilities:
    (a) To keep the Chief, Enforcement Bureau informed of the 
investigation, progress, and completion of programs, plans, or 
activities with respect to homeland security, national security and 
emergency preparedness, and defense in which they are engaged or have 
been requested to engage.
    (b) To render assistance and advice to the Chief, Enforcement Bureau 
on matters which relate to the functions of their respective bureaus or 
staff offices.
    (c) To render such assistance and advice to other agencies as may be 
consistent with the functions of their respective bureaus or staff 
offices and the Commission's policy with respect thereto.
    (d) To perform such other duties related to the Commission's 
homeland

[[Page 27]]

security, national security and emergency preparedness, and defense 
activities as may be assigned to them by the Commission.
    (e) To serve as Homeland Security Liaison to the Enforcement Bureau 
or designate the Deputy Chief of the Bureau or Office as Homeland 
Security Liaison to the Enforcement Bureau.

[29 FR 14665, Oct. 28, 1964, as amended at 50 FR 27953, July 9, 1985; 59 
FR 26971, May 25, 1994; 61 FR 8477, Mar. 5, 1996; 64 FR 60721, Nov. 8, 
1999; 69 FR 30234, May 27, 2004]



Sec. 0.186  Emergency Relocation Board.

    (a) As specified in the Commission's Continuity of Operations Plan 
and consistent with the exercise of the War Emergency Powers of the 
President as set forth in section 706 of the Communications Act of 1934, 
as amended, if the full Commission or a quorum thereof is unable to act, 
an Emergency Relocation Board will be convened at the Commission's 
Headquarters or other relocation site designated to serve as Primary FCC 
Staff to perform the functions of the Commission. Relocation may be 
required to accommodate a variety of emergency scenarios. Examples 
include scenarios in which FCC headquarters is unavailable or 
uninhabitable; or many, if not all, agencies must evacuate the immediate 
Washington, DC, area. The FCC's Continuity of Operations Plan (COOP) 
includes the deliberate and pre-planned movement of selected key 
principals and supporting staff to a relocation facility. As an example, 
a sudden emergency, such as a fire or hazardous materials incident, may 
require the evacuation of FCC headquarters with little or no advance 
notice, but for only a short duration. Alternatively, an emergency so 
severe that FCC headquarters is rendered unusable and likely will be for 
a period long enough to significantly impact normal operations, may 
require COOP implementation. Nothing in this subsection shall be 
construed to diminish the authority of the Commission or its staff to 
perform functions of the Commission at the Commission's headquarters or 
other relocation site using existing authority provided for elsewhere in 
this Chapter.
    (b) The Board shall comprise such Commissioners as may be present 
(including Commissioners available through electronic communications or 
telephone) and able to act. In the absence of the Chairman, the 
Commissioner present with the longest seniority in office will serve as 
acting Chairman. If no Commissioner is present and able to act, the 
person designated as next most senior official in the Commission's 
Continuity of Operations Plan will head the Board.

[69 FR 30234, May 27, 2004]



                   Subpart B_Delegations of Authority

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

                                 General



Sec. 0.201  General provisions.

    (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

[[Page 28]]

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 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]



Sec. 0.203  Authority of person, panel, or board to which functions are 
delegated.

    (a) The person, panel, or board to which functions are delegated 
shall, with respect to such functions, have all the jurisdiction, 
powers, and authority conferred by law upon the Commission, and shall be 
subject to the same duties and obligations.
    (b) Except as provided in Sec. 1.102 of this chapter, any action 
taken pursuant to delegated authority shall have the same force and 
effect and shall be made, evidenced, and enforced in the same manner as 
actions of the Commission.

[28 FR 12402, Nov. 22, 1963]



Sec. 0.204  The exercise of delegated authority.

    (a) Authority to issue orders and to enter into correspondence. Any 
official (or group of officials) to whom authority is delegated in this 
subpart is authorized to issue orders (including rulings, decisions, or 
other action documents) pursuant to such authority and to enter into 
general correspondence concerning any matter for which he is responsible 
under this subpart or subpart A of this part.
    (b) Authority of subordinate officials. Authority delegated to any 
official to issue orders or to enter into correspondence under paragraph 
(a) of this section may be exercised by that official or by appropriate 
subordinate officials acting for him.
    (c) Signature. (1) Other orders made by a committee, board or panel 
identify the body and are signed by the Secretary.
    (2) Upon signing an order, the Secretary affixes the Commission's 
seal.
    (3) General correspondence by a committee or board is signed by the 
committee or board chairman.
    (4) All other orders and letters are signed by the official who has 
given final approval of their contents.
    (5) With the exception of license forms requiring the signature of 
an appropriate official of the issuing bureau or office, license forms 
bear only the seal of the Commission.
    (d) Form of orders. Orders may be issued in any appropriate form 
(e.g., as captioned orders, letters, telegrams) and may, if appropriate, 
be issued orally. Orders issued orally shall, if practicable, be 
confirmed promptly in writing.
    (e) Minutes entries. Except as otherwise provided in this subpart, 
actions taken as provided in paragraph (d) of this section shall be 
recorded in writing and filed in the official minutes of the Commission.

[33 FR 8227, June 1, 1968, as amended at 38 FR 18550, July 12, 1973; 62 
FR 4170, Jan. 29, 1997]

                              Commissioners



Sec. 0.211  Chairman.

    The responsibility for the general administration of internal 
affairs of the

[[Page 29]]

Commission is delegated to the Chairman of the Commission. The Chairman 
will keep the Commission advised concerning his actions taken under this 
delegation of authority. This authority includes:
    (a) Actions of routine character as to which the Chairman may take 
final action.
    (b) Actions of non-routine character which do not involve policy 
determinations. The Chairman may take final action on these matters but 
shall specifically advise the Commission on these actions.
    (c) Actions of an important character or those which involve policy 
determinations. In these matters the Chairman will develop proposals for 
presentation to the Commission.
    (d) To act within the purview of the Federal Tort Claims Act, as 
amended, 28 U.S.C. 2672, upon tort claims directed against the 
Commission where the amount of damages does not exceed $5,000.
    (e) Authority to act as ``Head of the Agency'' or ``Agency Head'' 
for administrative determinations required by Federal Procurement 
Regulations and Federal Management Circulars.
    (f) Authority to act as ``Head of the Agency'' or ``Agency Head'' 
for all administrative determinations pursuant to the Debt Collection 
Improvement Act of 1996, Public Laws 104-134, 110 Stat. 1321, 1358 
(1996) (DCIA).

[28 FR 12402, Nov. 22, 1963, as amended at 41 FR 49095, Nov. 8, 1976; 51 
FR 23550, June 30, 1986; 69 FR 27847, May 17, 2004]



Sec. 0.212  Board of Commissioners.

    (a) Whenever the Chairman or Acting Chairman of the Commission 
determines that a quorum of the Commission is not present or able to 
act, he may convene a Board of Commissioners. The Board shall be 
composed of all Commissioners present and able to act.
    (b) The Board of Commissioners is authorized to act upon all matters 
normally acted upon by the Commission en banc, except the following:
    (1) The final determination on the merits of any adjudicatory or 
investigatory hearing proceeding or of any rule making proceeding, 
except upon a finding by the Board that the public interest would be 
disserved by waiting the convening of a quorum of the Commission.
    (2) Petitions for reconsideration of Commission actions.
    (3) Applications for review of actions taken pursuant to delegated 
authority.
    (c) The Board of Commissioners is authorized to act upon all matters 
normally acted upon by an individual Commissioner (when he or his 
alternates are not present or able to act) or by a committee of 
Commissioners (in the absence of a quorum of the committee).
    (d) Actions taken by the Board of Commissioners shall be recorded in 
the same manner as actions taken by the Commission en banc.
    (e) This section has no application in circumstances in which the 
Commission is unable to function at its offices in Washington, D.C. See 
Sec. Sec. 0.181-0.186 and Sec. Sec. 0.381-0.387.

[30 FR 9314, July 27, 1965]



Sec. 0.218  Authority of, and delegated to, an individual Commissioner or 
Commissioners.

    (a) One or more members of the Commission may be designated to 
preside in a hearing proceeding. The Commissioner or Commissioners 
designated to preside at such a hearing shall fix the time and place of 
the hearing and shall act upon all motions, petitions or other matters 
which may arise while the proceeding is in hearing status.
    (b) One or more members of the Commission may be designated to 
review an initial decision issued in any hearing case.
    (c) Except for actions taken during the course of a hearing and upon 
the record thereof, actions taken by a Commissioner or Commissioners 
pursuant to the provisions of this section shall be recorded in writing 
and filed in the official minutes of the Commission.

[27 FR 7931, Aug. 10, 1962]

                            Managing Director



Sec. 0.231  Authority delegated.

    (a) The Managing Director, or his designee, upon securing 
concurrence of the General Counsel, is delegated authority to act upon 
requests for waiver,

[[Page 30]]

reduction or deferment of fees, establish payment dates, and issue 
notices proposing amendments or adjustments to the fee schedules 
established under part 1, subpart G, of this chapter.
    (b) The Managing Director, or his designee, is delegated authority 
to make nonsubstantive, editorial revisions of the Commission's rules 
and regulations upon approval of the bureau or staff office primarily 
responsible for the particular part or section involved.
    (c) [Reserved]
    (d) The Managing Director, or his designee, upon securing the 
concurrence of the General Counsel, is delegated authority, within the 
purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, to 
grant tort claims directed against the Commission where the amount of 
the claim does not exceed $5,000. In addition thereto, the Managing 
Director, or his designee, upon securing the concurrence of the General 
Counsel, is delegated authority to act in the disposition of claims 
arising under the Military Personnel and Civilian Employees' Claims Act, 
as amended, 31 U.S.C. 3701 and 3721, where the amount of the claim does 
not exceed $6,500.
    (e) The Managing Director is delegated authority to act as Head of 
the Procurement Activity and Contracting Officer for the Commission and 
to designate appropriate subordinate officials to act as Contracting 
Officers for the Commission. As Head of the Procurement Activity, the 
Managing Director will refer all appeals filed against final decisions 
regarding procurement contracts to the Armed Services Board of Contract 
Appeals for resolution. Appeals will be handled in accordance with the 
Rules of the Board of Contract Appeals.
    (f) (1) The Managing Director, or his designee, is delegated 
authority to perform all administrative determinations provided for by 
the Debt Collection Improvement Act of 1996, Public Laws 104-134, 110 
Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the 
provisions of Title 31, United States Code section 3711 to:
    (i) Collect claims of the United States Government for money or 
property arising out of the activities of, or referred to, the Federal 
Communications Commission,
    (ii) Compromise a claim of the Government of not more than $100,000 
(excluding interest) or such higher amount as the Attorney General of 
the United States may from time to time prescribe, and
    (iii) Suspend or end collection action on a claim of the Government 
of not more than $100,000 (excluding interest) when it appears that no 
person liable on the claim has the present or prospective ability to pay 
a significant amount of the claim or the cost of collecting the claim is 
likely to be more than the amount recovered.
    (2)(i) This delegation does not include waiver authority provided by 
31 U.S.C. 3720B.
    (ii) The Chief Financial Officer, or the Deputy Chief Financial 
Officer, is delegated authority to perform all administrative 
determinations provided for by 31 U.S.C. 3720B.
    (g) The Managing Director, after consultation with the Chairman 
shall establish, renew, and terminate all Federal advisory committees. 
He shall also exercise all management responsibilities under the Federal 
Advisory Committee Act as amended (Pub. L. No. 92-463, 5 U.S.C. App.).
    (h) [Reserved]
    (i) The Secretary, acting under the supervision of the Managing 
Director, serves as the official custodian of the Commission's documents 
and shall have authority to appoint a deputy or deputies for the 
purposes of custody and certification of documents located in 
Gettysburg, Pennsylvania or other established locations. The Secretary 
is delegated authority to rule on requests for extensions of time based 
on operational problems associated with the Commission's electronic 
comment filing system. See Sec. 1.46 of this chapter.

(Secs. 4, 303, 48 Stat., as amended, 1066, 1082; 47 U.S.C. 154, 303; 18 
U.S.C. 207(j); 39 U.S.C. 3220; Notice of Preliminary Guidelines issued 
by the Department of Justice, 50 FR 46622, November 8, 1985)

    Cross Reference: 47 CFR part 19, subpart E.

[29 FR 14666, Oct. 28, 1964]

    Editorial Note: For Federal Register citations affecting Sec. 
0.231, see the List of CFR Sections Affected, which appears in the

[[Page 31]]

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

                             Chief Engineer



Sec. 0.241  Authority delegated.

    (a) The performance of functions and activities described in Sec. 
0.31 of this part is delegated to the Chief Engineer: Provided, That the 
following matters shall be referred to the Commission en banc for 
disposition:
    (1) Notices of proposed rulemaking and of inquiry and final orders 
in rulemaking proceedings, inquiry proceedings and non-editorial orders 
making changes. See Sec. 0.231(d).
    (2) Petitions for review of actions taken to delegated authority. 
See Sec. 1.115 of this chapter.
    (3) Petitions and other requests for waivers of the Commission's 
rules, whether or not accompanied by an applications, when such 
petitions or requests contain new or novel arguments not previously 
considered by the Commission or present facts or arguments which appear 
to justify a change in Commission policy.
    (4) Petitions and other requests for declaratory rulings, when such 
petitions or requests contain new or novel arguments not previously 
considered by the Commission or preset facts or arguments which appear 
to justify a change in Commission policy.
    (5) Any other petition, pleading or request presenting new or novel 
questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines.
    (6) Any other complaint or enforcement matter presenting new or 
novel questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines.
    (7) Authority to issued a notice of opportunity for hearing pursuant 
to Sec. 1.80(g) of this chapter; and authority to issue notices of 
apparent liability, final forfeiture orders, and orders cancelling or 
reducing forfeitures imposed under Sec. 1.80(f) of this chapter, if the 
amount set out in the notice of apparent liability is more than $20,000.
    (8) Proposed actions following any case remanded by the courts.
    (b) The Chief Engineer is delegated authority to administer the 
Equipment Authorization program as described in part 2 of the 
Commission's Rules.
    (c) The Chief Engineer is delegated authority to administer the 
Experimental Radio Service program pursuant to part 5 of the 
Commission's Rules.
    (d) The Chief engineer is delegated authority to examine all 
applications for certification (approval) of subscription television 
technical systems as acceptable for use under a subscription television 
authorization as provided for in this chapter, to notify the applicant 
that an examination of the certified technical information and data 
submitted in accordance with the provisions of this chapter indicates 
that the system does or does not appear to be acceptable for 
authorization as a subscription television system. This delegation shall 
be exercised in consultation with the Chief, Media Bureau.
    (e) The Chief Engineer is authorized to dismiss or deny petitions 
for rulemaking which are repetitive or moot or which, for other reasons 
plainly do not warrant consideration by the Commission.
    (f) The Chief of the Office of Engineering and Technology is 
authorized to enter into agreements with the National Institute of 
Standards and Technology and other accreditation bodies to perform 
accreditation of test laboratories pursuant to Sec. 2.948(d) of this 
chapter. In addition, the Chief is authorized to make determinations 
regarding the continued acceptability of individual accrediting 
organizations and accredited laboratories.
    (g) The Chief of the Office of Engineering and Technology 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. 
2.960 and 2.962 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

[[Page 32]]

that TCBs will use for performing post-market surveillance.

[51 FR 41106, Nov. 13, 1986, as amended at 57 FR 18088, Apr. 29, 1992; 
60 FR 5324, Jan. 27, 1995; 60 FR 32119, June 20, 1995; 61 FR 4918, Feb. 
9, 1996; 61 FR 31045, June 19, 1996; 62 FR 48952, Sept. 18, 1997; 64 FR 
4995, Feb. 2, 1999; 67 FR 13220, Mar. 21, 2002]



Sec. 0.247  Record of actions taken.

    The application and authorization files and other appropriate files 
of the Office of Engineering and Technology are designated as the 
official minute entries of actions taken pursuant to Sec. Sec. 0.241 
and 0.243.

[33 FR 8228, June 1, 1968, as amended at 44 FR 39179, July 5, 1979; 51 
FR 12615, Apr. 14, 1986]

                             General Counsel



Sec. 0.251  Authority delegated.

    (a) The General Counsel is delegated authority to act as the 
``designated agency ethics official.''
    (b) Insofar as authority is not delegated to any other Bureau or 
Office, and with respect only to matters which are not in hearing 
status, the General Counsel is delegated authority:
    (1) To act upon requests for extension of time within which briefs, 
comments or pleadings may be filed.
    (2) 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.
    (3) To dismiss or deny petitions for rulemaking which are repetitive 
or moot or which, for other reasons, plainly do not warrant 
consideration by the Commission.
    (4) To dismiss as repetitious any petition for reconsideration of a 
Commission order denying an application for review which fails to rely 
on new facts or changed circumstances.
    (c) The General Counsel is delegated authority in adjudicatory 
hearing proceedings which are pending before the Commission en banc to 
act on all requests for relief, and to issue all appropriate orders, 
except those which involve final disposition on the merits of a 
previously specified issue concerning an applicant's basic 
qualifications or two or more applicants' comparative qualifications.
    (d) When an adjudicatory proceeding is before the Commission for the 
issuance of a final order or decision, the General Counsel will make 
every effort to submit a draft order or decision for Commission 
consideration within four months of the filing of the last responsive 
pleading. If the Commission is unable to adopt an order or decision in 
such cases within five months of the last responsive pleading, it shall 
issue an order indicating that additional time will be required to 
resolve the case.
    (e) The official record of all actions taken by the General Counsel 
pursuant to Sec. 0.251 (c) and (d) is contained in the original docket 
folder, which is maintained by the Secretary in the Dockets Branch.
    (f) The General Counsel is delegated authority to issue written 
determinations on matters regarding the interception of telephone 
conversations. Nothing in this paragraph, however, shall affect the 
authority of the Inspector General to intercept or record telephone 
conversations as necessary in the conduct of investigations or audits.
    (g) The General Counsel is delegated authority to issue rulings on 
whether violations of the ex parte rules have occurred.
    (h) The General Counsel is delegated authority to make 
determinations regarding and waive the applicability of section 4(b) of 
the Communications Act (47 U.S.C. Sec. 154(b)) and the Federal conflict 
of interest statutes (18 U.S.C. Sec. Sec. 203, 205 and 208).
    (i) The General Counsel is delegated authority to perform all 
administrative determinations provided for by the Debt Collection 
Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321, 1358 (1996) 
(DCIA), including, but not limited to the provisions of Title 31, U.S.C. 
3711 to:
    (1) Collect claims of the United States Government of money or 
property arising out of the activities of, or referred to, the Federal 
Communications Commission,
    (2) Compromise a claim of the Government of not more than $100,000 
(excluding interest) or such higher amount as the Attorney General of 
the

[[Page 33]]

United States may from time to time prescribe, and
    (3) Suspend or end collection action on a claim of the Government of 
not more than $100,000 (excluding interest) when it appears that no 
person liable on the claim has the present or prospective ability to pay 
a significant amount of the claim or the cost of collecting the claim is 
likely to be more than the amount recovered.

    Note to paragraph (i):
    This delegation does not include waiver authority provided by 31 
U.S.C. 3720B.

(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, 1088, 
1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[28 FR 12402, Nov. 22, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 
0.251, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

                          International Bureau

    Source: Sections 0.261 and 0.262 appear at 60 FR 5324, Jan. 27, 
1995, unless otherwise noted.



Sec. 0.261  Authority delegated.

    (a) Subject to the limitations set forth in paragraph (b) of this 
section, the Chief, International Bureau, is hereby delegated the 
authority to perform the functions and activities described in Sec. 
0.51, including without limitation the following:
    (1) To recommend rulemakings, studies, and analyses (legal, 
engineering, social, and economic) of various petitions for policy or 
rule changes submitted by industry or the public, and to assist the 
Commission in conducting the same;
    (2) To assume the principal representational role on behalf of the 
Commission in international conferences, meetings, and negotiations, and 
direct Commission preparation for such conferences, meetings, and 
negotiations with other bureaus and offices, as appropriate;
    (3) To act upon applications for international telecommunications 
and services pursuant to part 23 of this chapter and relevant portions 
of part 63 of this chapter, and coordinate with the Wireline Competition 
Bureau as appropriate;
    (4) To act upon applications for international and domestic 
satellite systems and earth stations pursuant to part 25 and part 100 of 
this chapter;
    (5) To act upon applications for cable landing licenses pursuant to 
Sec. 1.767 of this chapter;
    (6) To act upon requests for designation of Recognized Private 
Operating Agency (RPOA) status under part 63 of this chapter;
    (7) To act upon applications relating to international broadcast 
station operations, or for permission to deliver programming to foreign 
stations, under part 73 of this chapter;
    (8) To administer and enforce the policies and rules on 
international settlements under part 64 of this chapter;
    (9) To administer portions of part 2 of this chapter dealing with 
international treaties and call sign provisions, and to make call sign 
assignments, individually and in blocks, to U.S. Government agencies and 
FCC operating bureaus;
    (10) To act upon applications for closure of public coast stations 
in the maritime service under part 63 of this chapter and to coordinate 
its efforts with the Wireless Telecommunications Bureau.
    (11) To administer Commission participation in the International 
Telecommunication Union (ITU) Fellowship telecommunication training 
program for foreign officials offered through the U.S. 
Telecommunications Training Institute;
    (12) In consultation with the affected Bureaus and Offices, to 
recommend revision of Commission rules and procedures as appropriate to 
conform to the outcomes of international conferences, agreements, or 
treaties;
    (13) To notify the ITU of the United States' terrestrial and 
satellite assignments for inclusion in the Master International 
Frequency Register;
    (14) To conduct studies and compile such data relating to 
international telecommunications as may be necessary for the Commission 
to develop and maintain an adequate regulatory program; and
    (15) To interpret and enforce rules and regulations pertaining to 
matters

[[Page 34]]

under its jurisdiction and not within the jurisdiction of the 
Enforcement Bureau.
    (b) Notwithstanding the authority delegated in paragraph (a) of this 
section, the Chief, International Bureau, shall not have authority:
    (1) To act on any application, petition, pleading, complaint, 
enforcement matter, or other request that:
    (i) Presents new or novel arguments not previously considered by the 
Commission;
    (ii) Presents facts or arguments which appear to justify a change in 
Commission policy; or
    (iii) Cannot be resolved under outstanding precedents and guidelines 
after consultation with appropriate Bureaus or Offices.
    (2) To issue notices of proposed rulemaking, notices of inquiry, or 
reports or orders arising from rulemaking or inquiry proceedings;
    (3) To act upon any application for review of actions taken by the 
Chief, International Bureau, pursuant to delegated authority, which 
application complies with Sec. 1.115 of this chapter;
    (4) To act upon any formal or informal radio application or section 
214 application for common carrier services which is in hearing status;
    (5) To designate for hearing any applications except:
    (i) Mutually exclusive applications for radio facilities filed 
pursuant to parts 23, 25, 73, or 100 of this chapter; and
    (ii) Applications for facilities where the issues presented relate 
solely to whether the applicant has complied with outstanding precedents 
and guidelines; or
    (6) 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 for common carrier providers and $20,000 
for non-common carrier providers.

[60 FR 5324, Jan. 27, 1995, as amended at 60 FR 35506, July 10, 1995; 64 
FR 60721, Nov. 8, 1999; 67 FR 13220, Mar. 21, 2002]



Sec. 0.262  Record of actions taken.

    The application and authorization files in the appropriate central 
files of the International Bureau are designated as the Commission's 
official records of actions by the Chief, International Bureau, pursuant 
to authority delegated to him.

            Office of Strategic Planning and Policy Analysis



Sec. 0.271  Authority delegated.

    (a) Insofar as authority is not delegated to any other Bureau or 
Office, and with respect only to matters which are not in hearing 
status, the Chief, Office of Strategic Planning and Policy Analysis is 
delegated authority to deny requests or to extend the time within which 
comments may be filed in dockets over which the Office of Strategic 
Planning and Policy Analysis has primary authority.
    (b) [Reserved]

[45 FR 10347, Feb. 15, 1980, as amended at 68 FR 11747, Mar. 12, 2003]

                           Chief, Media Bureau



Sec. 0.283  Authority delegated.

    The Chief, Media Bureau, is delegated authority to perform all 
functions of the Bureau, described in Sec. 0.61, provided that the 
following matters shall be referred to the Commission en banc for 
disposition:
    (a) Notices of proposed rulemaking and of inquiry and final orders 
in such proceedings, with the exception of rulemaking proceedings 
involving the allotment of FM and television channels.
    (b) Application for review of actions taken pursuant to delegated 
authority.
    (c) Matters that present novel questions of law, fact or policy that 
cannot be resolved under existing precedents and guidelines.
    (d) The imposition, reduction or cancellation of forfeitures 
pursuant to section 503(b) of the Communications Act of 1934, as 
amended, in amounts of more than $20,000.

[67 FR 13220, Mar. 21, 2002]



Sec. 0.284  Actions taken under delegated authority.

    (a) In discharging the authority conferred by Sec. 0.283 of this 
part, the Chief, Media Bureau, shall establish working relationships 
with other bureaus and

[[Page 35]]

staff offices to assure the effective coordination of actions taken in 
the following areas of joint responsibility;
    (1) Complaints arising under section 315 of the Communications Act--
Office of General Counsel.
    (2) Requests for waiver of tower painting and lighting 
specifications-Wireless Telecommunications Bureau.
    (3) Matters involving emergency communications, including the 
issuance of Emergency Alert System Authorizations (FCC Form 392)--
Enforcement Bureau.
    (4) Requests for use of frequencies or bands of frequencies shared 
with private sector nonbroadcast or government services--Office of 
Engineering and Technology and appropriate operating bureau.
    (5) Requests involving coordination with other agencies of 
government--Office of General Counsel, Office of Engineering and 
Technology and appropriate operating bureau.
    (6) Proposals involving possible harmful impact on radio astronomy 
or radio research installations--Office of Engineering and Technology.
    (7) [Reserved]
    (b) With respect to non-routine applications granted under authority 
delegated in Sec. 0.283 of this part, the Chief, Media Bureau or his 
designees, shall enter on the working papers associated with each 
application a narrative justification of the action taken. While not 
available for public inspection, these working papers shall, upon 
request, be made available to the Commissioners and members of their 
staffs.

[47 FR 47829, Oct. 28, 1982; 47 FR 56852, Dec. 21, 1982, as amended at 
51 FR 12615, Apr. 14, 1986; 52 FR 5288, Feb. 20, 1987; 59 FR 32132, June 
22, 1994; 59 FR 67092, Dec. 28, 1994; 61 FR 8477, Mar. 5, 1996; 64 FR 
60721, Nov. 8, 1999; 67 FR 13220, Mar. 21, 2002]



Sec. 0.285  Record of actions taken.

    The history card, the station file, and other appropriate files are 
designated to be the official records of action taken by the Chief of 
the Media Bureau. The official records of action are maintained in the 
Reference Information Center in the Consumer and Governmental Affairs 
Bureau.

[67 FR 13220, Mar. 21, 2002]

                   Chief, Wireline Competition Bureau



Sec. 0.291  Authority delegated.

    The Chief, Wireline Competition Bureau, is hereby delegated 
authority to 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

[[Page 36]]

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.

(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]

    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.

    Effective Date Note: At 69 FR 55109, Sept. 13, 2004, Sec. 0.291 was 
amended by adding paragraph (i), effective Oct. 13, 2004. For the 
convenience of the user, the added text is set forth as follows:

Sec. 0.291  Authority delegated.

                                * * * * *

    (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.



Sec. 0.301  [Reserved]



Sec. 0.302  Record of actions taken.

    The application and authorization files are designated as the 
Commission's official records of action of the Chief, Wireline 
Competition Bureau pursuant to authority delegated to the Chief. The 
official records of action are maintained in the Reference Information 
Center in the Consumer and Governmental Affairs Bureau.

[67 FR 13221, Mar. 21, 2002]



Sec. 0.303  [Reserved]



Sec. 0.304  Authority for determinations of exempt telecommunications 
company status.

    Authority is delegated to the Chief, Wireline Competition Bureau to 
act upon any application for a determination of exempt 
telecommunications company status filed pursuant to section 34(a)(1) of 
the Public Utility Holding Company Act of 1935, as amended by section 
103 of the Telecommunications Act of 1996.

[64 FR 5950, Feb. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

                           Enforcement Bureau



Sec. 0.311  Authority delegated.

    The Chief, Enforcement Bureau, is delegated authority to perform all 
functions of the Bureau, described in Sec. 0.111, provided that:
    (a) The following matters shall be referred to the Commission en 
banc for disposition:

[[Page 37]]

    (1) Notices of proposed rulemaking and of inquiry and final orders 
in such proceedings.
    (2) Applications for review of actions taken pursuant to delegated 
authority.
    (3) Matters that present novel questions of law, fact or policy that 
cannot be resolved under existing precedents and guidelines.
    (4) Forfeiture notices and forfeiture orders if the amount is more 
than $100,000 in the case of common carriers or more than $25,000 in the 
case of all other persons or entities.
    (5) Orders concluding an investigation under section 208(b) of the 
Communications Act and orders addressing petitions for reconsideration 
of such orders.
    (6) Release of information pursuant to section 220(f) of the 
Communications Act, except for release of such information to a state 
public utility commission or in response to a Freedom of Information Act 
Request.
    (b) Action on complaints regarding compliance with section 705(a) of 
the Communications Act shall be coordinated with the Office of General 
Counsel.
    (c) Action on emergency requests for Special Temporary Authority 
during non-business hours shall be promptly reported to the responsible 
Bureau or Office.
    Note to Paragraph (c):
    See also Sec. 0.182 of this chapter.

[64 FR 60721, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]



Sec. 0.314  Additional authority delegated.

    The Regional Director, Deputy Regional Director, District Director 
or Resident Agent at each installation is delegated authority to act 
upon applications, requests, or other matters, which are not in hearing 
status, and direct the following activities necessary to conduct 
investigations or inspections:
    (a) On informal requests from broadcast stations to extend temporary 
authority for operation without monitors, plate ammeter, plate volmeter, 
base current meter, common point meter, and transmission line meter from 
FM and television stations.
    (b)(1) Extend the Communications Act Safety Radiotelephony 
Certificate for a period of up to 90 days beyond the specified 
expiration date.
    (b)(2) Grant emergency exemption requests, extensions or waivers of 
inspection to ships in accordance with applicable provisions of the 
Communications Act, the Safety Convention, the Great Lakes Agreement or 
the Commission's rules.
    (c) To act on and make determinations on behalf of the Commission 
regarding requests for assignments and reassignments of priorities under 
the Telecommunications Service Priority System, Part 64 of the rules, 
when circumstances require immediate action and the common carrier 
seeking to provide service states that it cannot contact the National 
Communications System or the Commission office normally responsible for 
such assignments.
    (d) Require special equipment and program tests during inspections 
or investigations to determine compliance with technical requirements 
specified by the Commission.
    (e) Require stations to operate with the pre-sunrise and nighttime 
facilities during daytime hours in order that an inspection or 
investigation may be made by an authorized Commission representative to 
determine operating parameters.
    (f) Issue notices and orders to operators of industrial, scientific, 
and medical (ISM) equipment, as provided in Sec. 18.115 of this 
chapter.
    (g) Act on requests for permission to resume operation of ISM 
equipment on a temporary basis, as provided by Sec. 18.115 of this 
chapter, and requests for extensions of time within which to file final 
reports, as provided by Sec. 18.117 of this chapter.
    (h) Issue notices and orders to operators of part 15 devices, as 
provided in Sec. 15.5 of this chapter.
    (i) Issue notices and orders to suspend operations to multi-channel 
video programming distributors, as provided in Sec. 76.613 of this 
chapter.
    (j) Issue notices and orders to suspend operations to part 74 
licensees, as provided in Sec. 74.23 of this chapter.

[64 FR 60721, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

[[Page 38]]



Sec. 0.317  Record of action taken.

    The application, authorization, and other appropriate files of the 
Enforcement Bureau are designated as the Commission's official records 
of action taken pursuant to authority delegated under Sec. Sec. 0.311 
and 0.314, and shall constitute the official Commission minutes entry of 
such actions. The official records of action are maintained in the 
Reference Information Center in the Consumer Information Bureau.

[64 FR 60722, Nov. 8, 1999]

                   Wireless Telecommunications Bureau



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.
    (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 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]

    Effective Date Note: At 69 FR 46440, August 3, 2004, Sec. 0.331 was 
amended by revising paragraph (d) introductory text, effective Oct. 4, 
2004. For the convenience of the user, the revised text is set forth as 
follows:

[[Page 39]]

Sec. 0.331  Authority delegated.

                                * * * * *

    (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:

                                * * * * *



Sec. 0.332  Actions taken under delegated authority.

    In discharging the authority conferred by Sec. 0.331, the Chief, 
Wireless Telecommunications Bureau, shall establish working 
relationships with other bureaus and staff offices to assure the 
effective coordination of actions taken in the following areas of joint 
responsibility:
    (a) [Reserved]
    (b) Requests for waiver of tower painting and lighting 
specifications--Enforcement Bureau.
    (c) Matters involving emergency communications--Enforcement Bureau.
    (d) Complaints involving equal employment opportunities--Office of 
General Counsel.
    (e) Requests for use of frequencies or bands of frequencies shared 
with broadcast, common carrier, or government services--Office of 
Engineering and Technology and appropriate operating bureau.
    (f) Requests involving coordination with other Federal or state 
agencies when appropriate--Office of General Counsel, Office of 
Engineering and Technology or operating bureau.
    (g) Proposals involving possible harmful impact on radio astronomy 
or radio research installations--Office of Engineering and Technology.

[40 FR 4423, Jan. 30, 1975, as amended at 44 FR 11070, Feb. 27, 1979; 44 
FR 39180, July 5, 1979; 50 FR 27953, July 9, 1985; 51 FR 12615, Apr. 14, 
1986; 51 FR 20290, June 4, 1986; 52 FR 5288, Feb. 20, 1987; 59 FR 26971, 
May 25, 1994; 60 FR 5325, Jan. 27, 1995; 60 FR 35507, July 10, 1995; 61 
FR 8477, Mar. 5, 1996; 64 FR 60722, Nov. 8, 1999]



Sec. Sec. 0.333-0.337  [Reserved]

                        Administrative Law Judges



Sec. 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 Sec. 
1.291(a)(1) of this chapter.
    (2) Those which are to be acted upon by the Chief Administrative Law 
Judge under Sec. 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 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, or the Commission, as the 
case may be.
    (d) In the conduct of routine broadcast comparative hearings 
involving applicants for only new facilities, i.e., cases that do not 
involve numerous applicants and/or motions to enlarge issues, the 
presiding administrative law judge shall make every effort to conclude 
the case within nine months of the release of the hearing designation 
order. In so doing, the presiding judge will make every effort to 
release

[[Page 40]]

an initial decision in such cases within 90 days of the filing of the 
last responsive pleading.
    (e) Upon assignment by the Chief Administrative Law Judge, 
Administrative Law Judges, including the Chief Judge, will act as 
settlement judges in appropriate cases. See 47 CFR 1.244 of this 
chapter.

[29 FR 6442, May 16, 1964, as amended at 37 FR 19372, Sept. 20, 1972; 41 
FR 14870, Apr. 8, 1976; 56 FR 792, Jan. 9, 1991; 62 FR 4170, Jan. 29, 
1997]



Sec. 0.347  Record of actions taken.

    The official record of all actions taken by an Administrative Law 
Judge, including initial and recommended decisions and actions taken 
pursuant to Sec. 0.341, is contained in the original docket folder, 
which is maintained in the Reference Information Center of the Consumer 
and Governmental Affairs Bureau.

[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

                     Chief Administrative Law Judge



Sec. 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 otherwise specified by the Commission and excepting actions under 
authority delegated by Sec. 0.296.
    (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 Sec. 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 Sec. 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 Sec. 1.253 
of this chapter.) However, if all parties to a proceeding concur in 
holding all hearing sessions in the District of Columbia rather than at 
any field location, the presiding administrative law judge may act on 
the request.
    (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.
    (h) If the administrative law judge designated to preside at a 
hearing becomes unavailable, to order a rehearing or to order that the 
hearing continue before another administrative law judge and, in either 
case, to designate the judge who is to preside.
    (i) The consolidation of related proceedings pursuant to Sec. 
1.227(a) of this chapter, after designation of those proceedings for 
hearing.

[29 FR 6443, May 16, 1964, as amended at 37 FR 19372, Sept. 20, 1972; 38 
FR 30559, Nov. 6, 1973; 43 FR 49307, Oct. 23, 1978; 44 FR 76295, Dec. 
26, 1979]



Sec. 0.357  Record of actions taken.

    The official record of all actions taken by the Chief Administrative 
Law Judge in docketed proceedings pursuant to Sec. 0.351 is contained 
in the original docket folder, which is maintained by the Reference 
Information Center of the Consumer and Governmental Affairs Bureau.

[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

[[Page 41]]

                Consumer and Governmental Affairs Bureau



Sec. 0.361  Authority delegated.

    The Chief, Consumer and Governmental Affairs Bureau, is delegated 
authority to perform all functions of the Bureau, described in Sec. 
0.141, provided that the following matters shall be referred to the 
Commission en banc for disposition:
    (a) Notices of proposed rulemaking and of inquiry and final orders 
in such proceedings.
    (b) Application for review of actions taken pursuant to delegated 
authority.
    (c) Matters that present novel questions of law, fact or policy that 
cannot be resolved under existing precedents and guidelines.

[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

             Office of Communications Business Opportunities



Sec. 0.371  Authority delegated.

    The Director, Office of Communications Business Opportunities, or 
his/her designee, is hereby delegated authority to:
    (a) Manage the Commission's compliance with the Regulatory 
Flexibility Act and the Small Business Regulatory Enforcement Fairness 
Act;
    (b) Develop the Commission's goals and objectives regarding 
increased opportunities for small entities, women, and minorities;
    (c) Collect and analyze data on the Commission's efforts toward 
ensuring full consideration of the interests of small entities, women, 
and minorities;
    (d) Prepare and release reports on the opportunities available and 
obstacles faced by small entities, women, and minorities in the 
communications industry;
    (e) Conduct studies and collect data on the issues and problems 
faced by small entities, women, and minorities in the communications 
industry;
    (f) Assume representational role on behalf of the Commission before 
other federal agencies and at conferences, meetings, and hearings 
regarding small entities, women, and minorities in the communications 
industry;
    (g) Develop programs and strategies designed to increase 
competition, employment opportunities and diversity of viewpoint through 
the promotion of ownership by small entities, women, and minorities;
    (h) Manage the Commission's efforts to increase the awareness of 
small entities, women, and minorities and to ensure that all available 
information is accessible to the same.

[69 FR 7377, Feb. 17, 2003]

        National Security and Emergency Preparedness Delegations



Sec. 0.381  Defense Commissioner.

    The authority delegated to the Commission under Executive Orders 
12472 and 12656 is redelegated to the Defense Commissioner.

[69 FR 30234, May 27, 2004]



Sec. 0.383  Emergency Relocation Board, authority delegated.

    (a) During any period in which the Commission is unable to function 
because of the circumstances set forth in Sec. 0.186(b), all work, 
business or functions of the Federal Communications Commission arising 
under the Communications Act of 1934, as amended, is assigned and 
referred to the Emergency Relocation Board.
    (b) The Board, acting by a majority thereof, shall have the power 
and authority to hear and determine, order, certify, report or otherwise 
act as to any of the said work, business or functions so assigned or 
referred to it, and in respect thereof shall have all the jurisdiction 
and powers conferred by law upon the Commission, and be subject to the 
same duties and obligations.
    (c) Any order, decision or report made or other action taken by the 
said Board in respect of any matters so assigned or referred shall have 
the same effect and force, and may be made, evidenced, and enforced in 
the same manner, as if made or taken by the Commission.

[28 FR 12402, Nov. 22, 1963, as amended at 33 FR 8228, June 1, 1968; 53 
FR 29055, Aug. 2, 1988]

[[Page 42]]



Sec. 0.387  Other national security and emergency preparedness delegations; 
cross reference.

    (a) For authority of the Chief of the Media Bureau to issue 
Emergency Alert System Authorizations (FCC Form 392), see Sec. Sec. 
0.284 (a)(4) and 73.913.
    (b) For authority of the Chief of the Enforcement Bureau to declare 
a general communications emergency, see Sec. 0.182(f).

[28 FR 12411, Nov. 22, 1963, as amended at 40 FR 17254, Apr. 18, 1975; 
53 FR 29055, Aug. 2, 1988; 54 FR 15195, Apr. 17, 1989; 61 FR 8477, Mar. 
5, 1996; 64 FR 60722, Nov. 8, 1999; 67 FR 13221, Mar. 21, 2002; 69 FR 
30234, May 27, 2004]

                      Office of Workplace Diversity



Sec. 0.391  Authority delegated.

    The Director, Office of Workplace Diversity, or his/her designee, is 
hereby delegated authority to:
    (a) Manage the Commission's internal EEO compliance program pursuant 
to Title VII of the Civil Rights Act of 1964, as amended, the 
Rehabilitation Act of 1973, as amended, the Age Discrimination in 
Employment Act of 1967, as amended, the Equal Pay Act, and other 
applicable laws, rules, regulations, and Executive Orders, with 
authority that includes appointing EEO counselors, investigators, and 
mediators; investigating complaints of employment discrimination, and 
recommending to the Chairman final agency decisions on EEO complaints;
    (b) Mediate EEO complaints;
    (c) Develop the Commission's affirmative action goals and 
objectives;
    (d) Collect and analyze data on the Commission's affirmative action 
and EEO activities and accomplishments;
    (e) Prepare and release reports on EEO, affirmative action, 
workplace diversity, and related subjects;
    (f) Review personnel activities, including hiring, promotions, 
discipline, training, awards, and performance recognition for 
conformance with EEO and workplace diversity goals, objectives and 
requirements;
    (g) Conduct studies and collect data on workplace diversity issues 
and problems;
    (h) Assume representational role on behalf of the Commission at 
conferences, meetings, and negotiations on EEO and workplace diversity 
issues;
    (i) Develop programs and strategies designed to foster and encourage 
fairness, equality, and inclusion of all employees in the workforce.

[61 FR 2728, Jan. 29, 1996]



                      Subpart C_General Information

                                 General



Sec. 0.401  Location of Commission offices.

    The Commission maintains several offices and receipt locations. 
Applications and other filings not submitted in accordance with the 
addresses or locations set forth below will be returned to the applicant 
without processing. When an application or other filing does not involve 
the payment of a fee, the appropriate filing address or location is 
established elsewhere in the rules for the various types of submissions 
made to the Commission. The public should identify the correct filing 
location by reference to these rules. Applications or submissions 
requiring fees must be submitted in accordance with Sec. 0.401(b) of 
the rules irrespective of the addresses that may be set out elsewhere in 
the rules for other submissions.
    (a) General correspondence, as well as applications and filings not 
requiring the fees set forth at part 1, subpart G of the rules (or not 
claiming an exemption, waiver or deferral from the fee requirement), 
should be delivered to one of the following locations.
    (1) The main office of the Commission is located at 445 12th Street, 
SW., Washington, DC 20554.
    (i) Documents submitted by mail to this office should be addressed 
to: Federal Communications Commission, Washington, DC 20554.
    (ii) Hand-carried documents should be delivered to the Secretary's 
Office, Room TW-A325, 445 12th Street, SW., Washington, DC 20554.
    (iii) Electronic filings, where permitted, must be transmitted as 
specified by the Commission or relevant Bureau or Office.
    (2) The Commission's laboratory is located near Columbia, Maryland. 
The mailing address is:


[[Page 43]]


Federal Communications Commission, Equipment Authorization Division, 
7435 Oakland Mills Road, Columbia, MD 21046

    (3) The Commission also maintains offices at Gettysburg, PA.
    (i) The address of the Wireless Telecommunications Bureau's 
licensing facilities are:
    (A) Federal Communications Commission, 1270 Fairfield Road, 
Gettysburg, PA 17325-7245; and
    (B) Federal Communications Commission, Wireless Telecommunications 
Bureau, Washington, DC 20554.
    (ii) The mailing address of the International Telecommunications 
Section of the Finance Branch is: Federal Communications Commission, 
P.O. Box IT-70, Gettysburg, PA 17326.
    (4) The locations of the field offices of the Compliance and 
Information Bureau are listed in Sec. 0.121.
    (5) The location of the Office of General Counsel is 445 12th 
Street, SW, Washington, DC 20554.
    (b) Applications or filings requiring the fees set forth at part 1, 
subpart G of the rules must be delivered to the Commission's lockbox 
bank in Pittsburgh, Pennsylvania with the correct fee and completed Fee 
Form attached to the application or filing, unless otherwise directed by 
the Commission. In the case of any conflict between this rule subpart 
and other rules establishing filing locations for submissions subject to 
a fee, this subpart shall govern.

    Note: Applicants seeking a waiver or deferral of fees must submit 
their application or filing in accordance with the addresses set forth 
below. Applicants claiming a statutory exemption from the fees should 
file their applications in accordance with paragraph (a) of this 
section.

    (1) Applications and filings submitted by mail shall be addressed to 
the Mellon Bank in Pittsburgh, Pennsylvania. The bank maintains separate 
post office boxes for the receipt of different types of applications. It 
will also establish special post office boxes to receive responses to 
special filings such as applications filed in response to ``filing 
windows'' established by the Commission. The address for the submission 
of filings will be established in the Public Notice announcing the 
filing dates. In all other cases, applications and filings submitted by 
mail should be sent to the addresses listed in the appropriate fee 
rules.

    Note: Wireless Telecommunications Bureau applications that require 
frequency coordination by certified coordinators must be submitted to 
the appropriate certified frequency coordinator before filing with the 
Commission. After coordination, the applications are filed with the 
Commission as set forth herein. (See Sec. Sec. 90.127 and 90.175 of 
this chapter.)

    (2) Applications and other filings may also be hand carried, in 
person or by courier, to the Mellon Bank, Three Mellon Bank Center, 525 
William Penn Way, 27th Floor, room 153-2713, Pittsburgh, Pennsylvania. 
All applications and filings delivered in this manner must be in an 
envelope clearly marked for the ``Federal Communications Commission,'' 
addressed to the attention of ``Wholesale Lockbox Shift Supervisor,'' 
and identified with the appropriate Post Office Box address as set out 
in the fee schedule (Sec. Sec. 1.1102-1.1107). Applications should be 
enclosed in a separate envelope for each Post Office Box. Hand-carried 
or couriered applications and filings may be delivered at any time on 
any day. Applications or filings received by the bank before midnight on 
any Commission business day will be treated as having been filed on that 
day. Materials received by the bank after midnight, Monday through 
Friday, or on weekends or holidays, will be treated as having been filed 
on the next Commission business day.
    (3) Alternatively, applications and other filings may be sent 
electronically via the Universal Licensing System (ULS) or the Cable 
Operations and Licensing System (COALS) as appropriate for use of those 
systems.

[52 FR 10227, Mar 31, 1987, as amended at 53 FR 18564, May 24, 1988; 53 
FR 40886, Oct. 19, 1988; 54 FR 12453, Mar. 27, 1989; 55 FR 19154, May 8, 
1990; 56 FR 64714, Dec. 12, 1991; 58 FR 13020, Mar. 9, 1993; 60 FR 5325, 
Jan. 27, 1995; 60 FR 35507, July 10, 1995; 61 FR 8477, Mar. 5, 1996; 63 
FR 24124, May 1, 1998; 63 FR 36596, July 7, 1999; 63 FR 68919, Dec. 14, 
1998; 65 FR 58466, Sept. 29, 2000; 67 FR 13221, Mar. 21, 2002; 68 FR 
27000, May 19, 2003]

[[Page 44]]



Sec. 0.403  Office hours.

    The main offices of the Commission are open from 8 a.m. to 5:30 
p.m., Monday through Friday, excluding legal holidays, unless otherwise 
stated.

[52 FR 10228, Mar. 31, 1987]



Sec. 0.405  Statutory provisions.

    The following statutory provisions, among others, will be of 
interest to persons having business with the Commission:
    (a) The Federal Communications Commission was created by the 
Communications Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 
U.S.C. 151-609.
    (b) The Commission exercises authority under the Submarine Cable 
Landing Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34-39. See section 5 of 
Executive Order 10530, 19 FR 2709, May 10, 1954, as amended, 3 CFR, 1965 
ed., p. 463.
    (c) The Commission exercises authority under the Communications 
Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744.
    (d) The Commission operates under the Administrative Procedure Act, 
60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 
1001-1011. Pursuant to Pub. L. 89-554, September 6, 1966, 80 Stat. 378, 
the provisions of the Administrative Procedure Act now appear as follows 
in the Code:

------------------------------------------------------------------------
     Administrative Procedure Act                   5 U.S.C.
------------------------------------------------------------------------
Sec. 2-9..............................  551-558
Sec. 10...............................  701-706
Sec. 11...............................  3105, 7521, 5362, 1305
Sec. 12...............................  559
------------------------------------------------------------------------


[32 FR 10570, July 19, 1967]



Sec. 0.406  The rules and regulations.

    Persons having business with the Commission should familiarize 
themselves with those portions of its rules and regulations pertinent to 
such business. All of the rules have been published and are readily 
available. See Sec. Sec. 0.411(b), 0.412, and 0.415. For the benefit of 
those who are not familiar with the rules, there is set forth in this 
section a brief description of their format and contents.
    (a) Format. The rules are set forth in the Code of Federal 
Regulations as chapter I of title 47. Chapter I is divided into parts 
numbered from 0-99. Each part, in turn, is divided into numbered 
sections. To allow for the addition of new parts and sections in logical 
sequence, without extensive renumbering, parts and sections are not 
always numbered consecutively. Thus, for example, part 2 is followed by 
part 5, and Sec. 1.8 is followed by Sec. 1.10; in this case, parts 3 
and 4 and Sec. 1.9 have been reserved for future use. In numbering 
sections, the number before the period is the part number; and the 
number after the period locates the section within that part. Thus, for 
example, Sec. 1.1 is the first section of part 1 and Sec. 5.1 is the 
first section in part 5. Except in the case of accounting regulations 
(parts 31-35), the period should not be read as a decimal point; thus, 
Sec. 1.511 is not located between Sec. Sec. 1.51 and 1.52 but at a 
much later point in the rules. In citing the Code of Federal 
Regulations, the citation, 47 CFR 5.1, for example, is to Sec. 5.1 (in 
part 5) of chapter I of title 47 of the Code, and permits the exact 
location of that rule. No citation to other rule units (e.g., subpart or 
chapter) is needed.
    (b) Contents. Parts 0-19 of the rules have been reserved for 
provisions of a general nature. Parts 20-69 of this chapter have been 
reserved for provisions pertaining to common carriers. Parts 20-29 and 
80-109 of this chapter have been reserved for provisions pertaining to 
the wireless telecommunications services. In the rules pertaining to 
common carriers, parts 20-25 and 80-99 of this chapter pertain to the 
use of radio; In the rules pertaining to common carriers, parts 21, 23, 
and 25 of this chapter pertain to the use of radio; parts 31-66 of this 
chapter pertain primarily to telephone and telegraph companies. Persons 
having business with the Commission will find it useful to consult one 
or more of the following parts containing provisions of a general nature 
in addition to the rules of the radio or wire communication service in 
which they are interested:
    (1) Part 0, Commission organization. Part 0 describes the structure 
and functions of the Commission, lists delegations of authority to the 
staff, and sets forth information designed to assist those desiring to 
obtain information

[[Page 45]]

from, or to do business with, the Commission. This part is designed, 
among other things, to meet certain of the requirements of the 
Administrative Procedure Act, as amended.
    (2) Part 1 of this chapter, practice and procedure. Part 1, subpart 
A, of this chapter contains the general rules of practice and procedure. 
Except as expressly provided to the contrary, these rules are applicable 
in all Commission proceedings and should be of interest to all persons 
having business with the Commission. Part 1, subpart A of this chapter 
also contains certain other miscellaneous provisions. Part 1, subpart B, 
of this chapter contains the procedures applicable in formal hearing 
proceedings (see Sec. 1.201 of this chapter). Part 1, subpart C, of 
this chapter contains the procedures followed in making or revising the 
rule or regulations. Part 1, subpart D, of this chapter contains rules 
applicable to applications for licenses in the Broadcast Radio Services, 
including the forms to be used, the filing requirements, the procedures 
for processing and acting upon such applications, and certain other 
matters. Part 1, subpart F, of this chapter contain rules applicable to 
applications for licenses in the Wireless Telecommunications Bureau 
services, including the forms to be used, the filing requirements, the 
procedures for processing and acting on such applications, and certain 
other matters. Additional procedures applicable to certain common 
carriers by radio are set forth in part 21 of this chapter. Part 1, 
subpart F, of this chapter contains rules applicable to applications for 
licenses in the Private Radio Services, including the forms to be used, 
the filing requirements, the procedures for processing and acting on 
such applications, and certain other matters. Part 1, subpart G, of this 
chapter contains rules pertaining to the application processing fees 
established by the Consolidated Omnibus Budget Reconciliation Act of 
1985 (Pub. L. 99-272, 100 Stat. 82 (1986)) and also contains rules 
pertaining to the regulatory fees established by the Omnibus Budget 
Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 397 (1993)). Part 
1, subpart H, of this chapter, concerning ex parte presentations, sets 
forth standards governing communications with commission personnel in 
hearing proceedings and contested application proceedings. Part 1, 
subparts G and H, of this chapter will be of interest to all regulatees, 
and part 1, subpart H, of this chapter will, in addition, be of interest 
to all persons involved in hearing proceedings.
    (3) Part 2, frequency allocations and radio treaty matters; general 
rules and regulations. Part 2 will be of interest to all persons 
interested in the use of radio. It contains definitions of technical 
terms used in the rules and regulations; provisions governing the 
allocation of radio frequencies among the numerous uses made of radio 
(e.g., broadcasting, land mobile) and radio services (e.g., television, 
public safety), including the Table of Frequency Allocations (Sec. 
2.106); technical provisions dealing with emissions; provisions dealing 
with call signs and emergency communications; provisions governing 
authorization of radio equipment; and a list of treaties and other 
international agreements pertaining to the use of radio.
    (4) Part 5, experimental radio services (other than broadcast). Part 
5 deals with the temporary use of radio frequencies for research in the 
radio art, for communication involving other research projects, and for 
the development of equipment, data, or techniques.
    (5) Part 13, commercial radio operators. Part 13 describes the 
procedures to be followed in applying for a commercial operator license, 
including the forms to be used and the examinations given, and sets 
forth rules governing licensed operators. It will be of interest to 
applicants for such licenses, licensed operators, and the licensees of 
radio stations which may be operated only by persons holding a 
commercial radio operator license.
    (6) Part 15, radio frequency devices. Part 15 contains regulations 
designed to prevent harmful interference to radio communication from 
radio receivers and other devices which radiate radio frequency energy, 
and provides for the certification of radio receivers. It also provides 
for the certification of low power transmitters and for the operation of 
certificated transmitters without a license.

[[Page 46]]

    (7) Part 17, construction, marking, and lighting of antenna 
structures. Part 17 contains criteria for determining whether 
applications for radio towers require notification of proposed 
construction to the Federal Aviation Administration, and specifications 
for obstruction marking and lighting of antenna structures.
    (8) Part 18, industrial, scientific and medical equipment. Part 18 
contains regulations designed to prevent harmful interference to radio 
communication from ultrasonic equipment, industrial heating equipment, 
medical diathermy equipment, radio frequency stabilized arc welders, and 
other equipment which uses radio energy for purposes other than 
communication.
    (9) Part 19, employee responsibilities and conduct. Part 19 
prescribes standards of conduct for the members and staff of the 
Commission.

[32 FR 10571, July 19, 1967, as amended at 32 FR 12180, Aug. 24, 1967; 
37 FR 20553, Sept. 30, 1972; 52 FR 5288, Feb. 20, 1987; 58 FR 13021, 
Mar. 9, 1993; 59 FR 30998, June 16, 1994; 60 FR 35507, July 10, 1995; 63 
FR 36596, July 7, 1998]



Sec. 0.408  OMB control numbers and expiration dates assigned pursuant to 
the Paperwork Reduction Act of 1995.

    (a) Purpose. This section displays the control numbers and 
expiration dates for the Commission information collection requirements 
assigned by the Office of Management and Budget (``OMB'') pursuant to 
the Paperwork Reduction Act of 1995, Pub. L. 104-13. The Commission 
intends that this section comply with the requirement that agencies 
display current control numbers and expiration dates assigned by the 
Director, OMB, for each approved information collection requirement. Not 
withstanding any other provisions of law, no person shall be subject to 
any penalty for failing to comply with a collection of information 
subject to the Paperwork Reduction Act (PRA) that does not display a 
valid control number. Questions concerning the OMB control numbers and 
expiration dates should be directed to the Associate Managing Director--
Performance Evaluation and Records Management, (``AMD-PERM''), Federal 
Communications Commission, Washington, DC 20554.
    (b) Display

------------------------------------------------------------------------
                      FCC form number or 47
                       CFR section or part,
  OMB control No.     docket number or title      OMB expiration date
                         identifying the
                            collection
------------------------------------------------------------------------
3060-0004..........  Guidelines for           09/30/04.
                      Evaluating the
                      Environmental Effects
                      of Radiofrequency
                      Radiation, ET Docket
                      No. 93-62.
3060-0009..........  FCC 316................  12/31/05.
3060-0010..........  FCC 323................  02/28/06.
3060-0012..........  FCC 701................  10/31/05.
3060-0016..........  FCC 346................  04/30/04.
3060-0017..........  FCC 347................  06/30/06.
3060-0024..........  Sec. 76.29.............  09/30/04.
3060-0027..........  FCC 301................  Pending OMB approval.
3060-0029..........  FCC 302-TV.............  06/30/04.
3060-0031..........  FCC 314................  Pending OMB approval.
3060-0032..........  FCC 315................  Pending OMB approval.
3060-0034..........  FCC 340................  04/30/04.
3060-0053..........  FCC 703................  02/28/05.
3060-0055..........  FCC 327................  11/30/06.
3060-0056..........  Part 68--Connection of   12/31/04.
                      Terminal Equipment to
                      the Telephone Network.
3060-0057..........  FCC 731 and Secs.        02/28/05.
                      2.911, 2.925, 2.932,
                      2.944, 2.960,
                      2.1033(a) and 2.1043.
3060-0059..........  FCC 740................  12/31/06.
3060-0061..........  FCC 325................  12/31/05.
3060-0062..........  FCC 330................  02/28/05.
3060-0065..........  FCC 442................  04/30/05.
3060-0066..........  FCC 330-R..............  06/30/06.
3060-0068..........  FCC 702................  05/31/05.
3060-0072..........  FCC 409................  10/31/05.
3060-0075..........  FCC 345................  10/31/05.
3060-0076..........  FCC 395................  02/28/06.
3060-0084..........  FCC 323-E..............  07/31/05.
3060-0093..........  FCC 405................  01/31/07.
3060-0095..........  FCC 395-A..............  Pending OMB approval.
3060-0105..........  FCC 430................  11/30/06.
3060-0106..........  Sec. 43.61.............  03/31/06.

[[Page 47]]

 
3060-0110..........  FCC 303-S..............  12/31/06.
3060-0113..........  FCC 396................  12/31/06.
3060-0120..........  FCC 396-A..............  12/31/06.
3060-0126..........  Sec. 73.1820...........  10/31/05.
3060-0132..........  FCC 1068-A.............  03/31/07.
3060-0139..........  FCC 854 and 854-R......  10/31/05.
3060-0147..........  Sec. 64.804............  02/28/06.
3060-0149..........  Part 63, Section 214,    05/31/05.
                      Secs. 63.01-63.601.
3060-0157..........  Sec. 73.99.............  05/31/06.
3060-0161..........  Sec. 73.61.............  06/30/06.
3060-0166..........  Part 42................  08/31/04.
3060-0168..........  Sec. 43.43.............  09/30/06.
3060-0169..........  Secs. 43.51 and 43.53..  06/30/05.
3060-0170..........  Sec. 73.1030...........  03/31/05.
3060-0171..........  Sec. 73.1125...........  10/31/04.
3060-0173..........  Sec. 73.1207...........  07/31/04.
3060-0174..........  Sec. 73.1212...........  09/30/05.
3060-0175..........  Sec. 73.1250...........  08/31/05.
3060-0176..........  Sec. 73.1510...........  04/30/06.
3060-0178..........  Sec. 73.1560...........  04/30/06.
3060-0179..........  Sec. 73.1590...........  07/31/04.
3060-0180..........  Sec. 73.1610...........  02/28/05.
3060-0181..........  Sec. 73.1615...........  04/30/06.
3060-0182..........  Sec. 73.1620...........  04/30/04.
3060-0184..........  Sec. 73.1740...........  12/31/04.
3060-0185..........  Sec. 73.3613...........  10/31/05.
3060-0187..........  Sec. 73.3594...........  Pending OMB approval.
3060-0188..........  FCC 380................  08/31/04.
3060-0190..........  Sec. 73.3544...........  Pending OMB approval.
3060-0192..........  Sec. 87.103............  04/30/04.
3060-0194..........  Sec. 74.21.............  11/30/04.
3060-0202..........  Sec. 87.37.............  10/31/06.
3060-0204..........  Sec. 90.20(a)(2)(v)....  07/31/05.
3060-0206..........  Part 21................  07/31/04.
3060-0207..........  Part 11................  01/31/06.
3060-0208..........  Sec. 73.1870...........  08/31/06.
3060-0211..........  Sec. 73.1943...........  09/30/04.
3060-0212..........  Sec. 73.2080...........  12/31/06.
3060-0213..........  Sec. 73.3525...........  Pending OMB approval.
3060-0214..........  Sec. 73.3526...........  12/31/05.
3060-0215..........  Sec. 73.3527...........  04/30/05.
3060-0216..........  Sec. 73.3538...........  01/30/05.
3060-0219..........  Sec. 90.20(a)(2)(xi)...  11/30/05.
3060-0221..........  Sec. 90.155............  11/30/04.
3060-0222..........  Sec. 97.213............  10/31/06.
3060-0223..........  Sec. 90.129............  07/31/05.
3060-0228..........  Sec. 80.59.............  07/31/04.
3060-0233..........  Part 36................  09/30/06.
3060-0236..........  Sec. 74.703............  06/30/05.
3060-0240..........  Equipment Changes......  05/31/06.
3060-0241..........  Temporary                04/30/06.
                      Authorizations.
3060-0242..........  Sec. 74.604............  02/28/06.
3060-0248..........  Sec. 74.751............  06/30/05.
3060-0249..........  Sec. 74.781............  10/31/06.
3060-0250..........  Sec. 74.784............  05/31/06.
3060-0259..........  Sec. 90.263............  10/31/06.
3060-0261..........  Sec. 90.215............  04/30/04.
3060-0262..........  Sec. 90.179............  01/31/05.
3060-0264..........  Sec. 80.413............  10/31/06.
3060-0265..........  Sec. 80.868............  07/31/04.
3060-0270..........  Sec. 90.443............  01/31/07.
3060-0281..........  Sec. 90.651............  05/31/04.
3060-0286..........  Sec. 80.302............  04/30/04.
3060-0287..........  Sec. 78.69.............  01/31/05.
3060-0288..........  Sec. 78.33.............  04/30/06.
3060-0289..........  Secs. 76.1705 and        05/31/05.
                      76.601.
3060-0290..........  Sec. 90.517............  05/31/05.
3060-0291..........  Sec. 90.477(a), (b)(2),  05/31/05.
                      and (d)(2).
3060-0292..........  Part 69................  01/31/07.
3060-0295..........  Secs. 90.607(b)(1) and   Pending OMB approval.
                      (c)(1).
3060-0297..........  Sec. 80.503............  10/31/06.
3060-0298..........  Part 61................  02/28/05.
3060-0307..........  Amendment of Part 90 of  10/31/06.
                      the Commission's Rules
                      to Facilitate Future
                      Development of SMR
                      Systems in the 800 MHz
                      Frequency Band.

[[Page 48]]

 
3060-0308..........  Sec. 90.505............  04/30/04.
3060-0309..........  Sec. 74.1281...........  10/31/05.
3060-0310..........  FCC 322................  12/31/06.
3060-0311..........  Sec. 76.54.............  12/31/05.
3060-0313..........  Sec. 76.1701...........  09/30/04.
3060-0315..........  Sec. 76.1615 and         12/31/05.
                      76.1715.
3060-0316..........  Sec. 76.1700...........  10/31/04.
3060-0320..........  Sec. 73.1350...........  04/30/04.
3060-0325..........  Sec. 80.605............  06/30/05.
3060-0329..........  Sec. 2.955.............  10/31/05.
3060-0331..........  FCC 321................  12/31/06.
3060-0332..........  Secs. 76.614 and         10/31/04.
                      76.1706.
3060-0340..........  Sec. 73.51.............  03/31/07.
3060-0341..........  Sec. 73.1680...........  12/31/06.
3060-0342..........  Sec. 74.1284...........  12/31/06.
3060-0346..........  Sec. 78.27.............  Pending OMB approval.
3060-0347..........  Sec. 97.311............  02/28/06.
3060-0349..........  Equal Employment         12/31/06.
                      Opportunity
                      Requirements.
3060-0355..........  FCC 492 and FCC 492A...  07/31/04.
3060-0357..........  Request for Designation  11/31/04.
                      as a Recognized
                      Private Operating
                      Agency.
3060-0360..........  Sec. 80.409(c).........  08/31/04.
3060-0364..........  Secs. 80.409(d) and (e)  08/31/04.
3060-0368..........  Sec. 97.523............  06/30/05.
3060-0370..........  Part 32................  10/31/05.
3060-0374..........  Sec. 73.1690...........  12/31/04.
3060-0384..........  Secs. 64.904 and 64.905  03/31/05.
3060-0386..........  Sec. 73.1635...........  07/31/05.
3060-0387..........  Sec 15.201(d)..........  03/31/06.
3060-0390..........  FCC 395-B..............  Pending OMB approval.
3060-0391..........  Program to Monitor the   02/28/05.
                      Impact of Universal
                      Service Support
                      Mechanisms, CC Docket
                      Nos. 98-202 and 96-45.
3060-0392..........  47 CFR Part 1, Subpart   01/31/07.
                      J, Pole Attachment
                      Complaint Procedures.
3060-0394..........  Sec. 1.420.............  10/31/05.
3060-0395..........  FCC Reports 43-02, FCC   Pending OMB approval.
                      43-05 and FCC 43-07.
3060-0397..........  Sec. 15.7(a)...........  12/31/06.
3060-0398..........  Secs. 2.948 and          04/30/06.
                      15.117(g)(2).
3060-0400..........  Tariff Review Plan.....  05/31/06.
3060-0404..........  FCC 350................  05/31/05.
3060-0405..........  FCC 349................  Pending OMB approval.
3060-0407..........  Sec. 73.3598...........  05/31/05.
3060-0410..........  FCC 495A and FCC 495B..  Pending OMB approval.
3060-0411..........  FCC 485................  06/30/04.
3060-0414..........  Terrain Shielding        Pending OMB approval.
                      Policy.
3060-0419..........  Secs. 76.94, 76.95,      05/31/05.
                      76.105, 76.106,
                      76.107, 76.109 and
                      76.1609.
3060-0422..........  Sec. 68.5..............  10/31/04.
3060-0423..........  Sec. 73.3588...........  10/31/05.
3060-0427..........  Sec. 73.3523...........  02/28/07.
3060-0430..........  Sec. 1.1206............  04/30/05.
3060-0433..........  FCC 320................  05/31/05.
3060-0434..........  Sec. 90.20(e)(6).......  05/31/05.
3060-0435..........  Sec. 80.361............  11/30/05.
3060-0436..........  Equipment                03/31/06.
                      Authorization,
                      Cordless Telephone
                      Security Coding.
3060-0439..........  Sec. 64.201............  Pending OMB approval.
3060-0441..........  Sec. 90.621(b)(4)......  10/31/06.
3060-0449..........  Sec. 1.65(c)...........  12/31/04.
3060-0452..........  Sec. 73.3589...........  10/31/05.
3060-0454..........  Regulation of            05/31/06.
                      International
                      Accounting Rates.
3060-0463..........  Telecommunications       06/30/06.
                      Relay Services and the
                      Americans with
                      Disabilities Act of
                      1990, 47 CFR Part 64,
                      Sec. 64.604(a)(3).
3060-0465..........  Sec. 74.985............  01/31/07.
3060-0466..........  Sec. 74.1283...........  05/31/06.
3060-0470..........  Secs. 64.901-64.903,     03/31/05.
                      Allocation of Cost,
                      Cost Allocation
                      Manual, RAO Letters 19
                      and 26.
3060-0473..........  Sec. 74.1251...........  02/28/06.
3060-0474..........  Sec. 74.1263...........  05/31/06.
3060-0483..........  Sec. 73.687............  12/31/06.
3060-0484..........  Sec. 63.100............  04/30/05.
3060-0489..........  Sec. 73.37.............  Pending OMB approval.
3060-0490..........  Sec. 74.902............  Pending OMB approval.
3060-0491..........  Sec. 74.991............  Pending OMB approval.
3060-0492..........  Sec. 74.992............  04/30/04.
3060-0493..........  Sec. 74.986............  04/30/04.
3060-0494..........  Sec. 74.990............  04/30/04.

[[Page 49]]

 
3060-0496..........  FCC Report 43-08.......  03/31/07.
3060-0500..........  Sec. 76.1713...........  09/30/04.
3060-0501..........  Secs. 76.206...........  09/30/04.
3060-0502..........  Sec. 73.1942...........  09/30/04.
3060-0506..........  FCC 302-FM.............  06/30/06.
3060-0508..........  Rewrite of Part 22.....  08/31/04.
3060-0511..........  FCC Report 43-04.......  Pending OMB approval.
3060-0512..........  FCC Report 43-01.......  Pending OMB approval.
3060-0513..........  FCC Report 43-03.......  03/31/07.
3060-0514..........  Sec. 43.21(b)..........  05/31/06.
3060-0515..........  Sec. 43.21(c)..........  10/31/05.
3060-0519..........  Rules and Regulations    09/30/06.
                      Implementing the
                      Telephone Consumer
                      Protection Act of
                      1991, CG Docket No. 02-
                      278.
3060-0526..........  Density Pricing Zone     10/31/05.
                      Plans, Expanded
                      Interconnection with
                      Local Telephone
                      Company Facilities, CC
                      Docket No. 91-141.
3060-0531..........  Local Multipoint         01/31/07.
                      Distribution Service
                      (LMDS).
3060-0532..........  Secs. 2.1033(b)(10) and  12/31/05.
                      15.121.
3060-0537..........  Sec. 13.217............  05/31/05.
3060-0540..........  Tariff Filing            09/30/05.
                      Requirements For
                      Nondominant Common
                      Carriers.
3060-0543..........  Sec. 21.913............  11/30/05.
3060-0544..........  Sec. 76.701............  Pending OMB approval.
3060-0546..........  Definition of Markets    04/30/06.
                      for Purposes of the
                      Cable Television
                      Mandatory Television
                      Broadcast Signal
                      Carriage Rules.
3060-0548..........  Secs. 76.1708, 76.1709,  05/31/05.
                      76.1620, 76.56, and
                      76.1614.
3060-0550..........  FCC 328................  01/31/06.
3060-0551..........  Secs. 76.1002 and        03/31/07.
                      76.1004.
3050-0554..........  Sec. 87.199............  06/30/05.
3060-0556..........  Sec. 80.1061...........  07/31/05.
3060-0560..........  Sec. 76.911............  09/30/04.
3060-0561..........  Sec. 76.913............  01/31/07.
3060-0562..........  Sec. 76.916............  07/31/04.
3060-0564..........  Sec. 76.924............  04/30/06.
3060-0567..........  Sec. 76.962............  03/31/05.
3060-0568..........  Commercial Leased        10/31/06.
                      Access Rates, Terms, &
                      Conditions.
3060-0569..........  Sec. 76.975............  10/31/06.
3060-0570..........  Sec. 76.982............  07/31/04.
3060-0572..........  Filing Manual for        10/31/05.
                      Annual International
                      Circuit Status Reports.
3060-0573..........  FCC 394................  06/30/06.
3060-0580..........  Sec. 76.504 and 76.1710  12/31/06.
3060-0581..........  Sec. 76.503............  11/30/06.
3060-0584..........  FCC 44 and FCC 45......  01/31/06.
3060-0589..........  FCC 159 and FCC 159-C..  06/30/06.
3060-0594..........  FCC 1220...............  06/30/04.
3060-0595..........  FCC 1210...............  09/30/04.
3060-0599..........  Implementation of        01/31/07.
                      Sections 3(n) and 332
                      of the Communications
                      Act.
3060-0600..........  FCC 175................  04/30/04.
3060-0601..........  FCC 1200...............  06/30/04.
3060-0602..........  Sec. 76.917............  06/30/06.
3060-0607..........  Sec. 76.922............  01/31/07.
3060-0609..........  Sec. 76.934(e).........  07/31/04.
3060-0610..........  Sec. 76.1606...........  07/31/04.
3060-0611..........  Sec. 74.783............  12/31/06.
3060-0613..........  Expanded                 07/31/06.
                      Interconnection with
                      Local Telephone
                      Company Facilities, CC
                      Docket No. 91-141,
                      Transport Phase II.
3060-0621..........  Rules and Requirements   04/30/04.
                      for C & F Block
                      Broadband PCS Licenses.
3060-0624..........  Sec. 24.103(f).........  04/30/04.
3060-0625..........  Amendment of the         Pending OMB approval.
                      Commission's Rules to
                      Establish New Personal
                      Communications
                      Services under Part 24.
3060-0626..........  Regulatory Treatment of  08/31/04.
                      Mobile Services.
3060-0627..........  FCC 302-AM.............  06/30/06.
3060-0629..........  Sec. 76.1605...........  07/31/04.
3060-0633..........  Secs. 73.1230, 74.165,   08/31/04.
                      74.432, 74.564,
                      74.664, 74.765,
                      74.832, 74.965 and
                      74.1265.
3060-0634..........  Sec. 73.691............  04/30/04.
3060-0636..........  Equipment                03/31/06.
                      Authorization--Declara
                      tion of Compliance--
                      Parts 2 and 15.
3060-0638..........  Sec. 76.934(g).........  05/31/05.
3060-0644..........  FCC 1230...............  05/31/05.
3060-0645..........  Sec. 17.4..............  09/30/05.
3060-0647..........  Annual Survey of Cable   11/30/06.
                      Industry Prices.
3060-0648..........  Sec. 21.902............  02/28/06.
3060-0649..........  Secs. 76.1601, 76.1607,  02/28/05.
                      76.1617, and 76.1708.
3060-0652..........  Secs. 76.309, 76.1602,   12/31/04.
                      76.1603, and 76.1619.
3060-0653..........  Secs. 64.703(b) and (c)  02/28/05.

[[Page 50]]

 
3060-0654..........  FCC 304................  10/31/04.
3060-0655..........  Request for Waivers of   09/30/04.
                      Regulatory and
                      Application Fees
                      Predicated on
                      Allegations of
                      Financial Hardship.
3060-0656..........  FCC 175-M..............  12/31/04.
3060-0657..........  Sec. 21.956............  09/30/04.
3060-0658..........  Sec. 21.960............  12/31/04.
3060-0660..........  Sec. 21.937............  09/30/04.
3060-0661..........  Sec. 21.931............  10/31/04.
3060-0662..........  Sec. 21.930............  09/30/04.
3060-0663..........  Sec. 21.934............  11/30/05.
3060-0664..........  FCC 304-A..............  10/31/04.
3060-0665..........  Sec. 64.707............  12/31/04.
3060-0667..........  Secs. 76.630, 76.1621,   12/31/04.
                      and 76.1622.
3060-0668..........  Sec. 76.936............  03/31/05.
3060-0669..........  Sec. 76.946............  06/30/05.
3060-0673..........  Sec. 76.956............  03/31/05.
3060-0674..........  Sec. 76.1618...........  09/30/05.
3060-0678..........  FCC 312, FCC 312-EZ,     12/31/06.
                      FCC 312-R, and FCC 312
                      Schedules.
3060-0681..........  Toll-Free Service        12/31/06.
                      Access Codes, Part 52,
                      Subpart D, Secs.
                      52.101-52.111.
3060-0684..........  Amendment to the         Pending OMB approval.
                      Commission's Rules
                      Regarding a Plan for
                      Sharing the Costs of
                      Microwave Relocation,
                      WT Docket No. 95-157.
3060-0685..........  FCC 1240...............  08/31/04.
3060-0686..........  Streamlining the         Pending OMB approval.
                      International Section
                      214 Authorization
                      Process and Tariff
                      Requirements.
3060-0687..........  Access to                10/31/05.
                      Telecommunications
                      Equipment and Services
                      by Persons with
                      Disabilities, CC
                      Docket No. 87-124.
3060-0688..........  FCC 1235...............  12/31/04.
3060-0690..........  Rules Regarding the      02/28/06.
                      37.0-38.6 GHz and 38.6-
                      40.0 GHz Bands.
3060-0691..........  Amendment of Parts 2     04/30/04.
                      and 90 of the
                      Commission's Rules to
                      Provide for the Use of
                      200 Channels Outside
                      the Designated Filing
                      Areas in the 896-901
                      MHz Bands Allotted to
                      Specialized Mobile
                      Radio Service.
3060-0692..........  Home Wiring Provisions.  Pending OMB approval.
3060-0695..........  Sec. 87.219............  07/31/05.
3060-0697..........  Parts 22 and 90 to       Pending OMB approval.
                      Facilitate Future
                      Development of Paging
                      Systems.
3060-0698..........  Amendment of the         05/31/04.
                      Commission's Rules to
                      Establish a Radio
                      Astronomy Coordination
                      Zone in Puerto Rico,
                      ET Docket No. 96-2.
3060-0700..........  FCC 1275...............  Pending OMB approval.
3060-0702..........  Amendment to Parts 20    Pending OMB approval.
                      and 24 of the
                      Commission's Rules,
                      Broadband PCS
                      Competitive Bidding
                      and the Commercial
                      Mobile Radio Service
                      Spectrum Cap.
3060-0703..........  FCC 1205...............  04/30/06.
3060-0704..........  Policy and Rules         12/31/05.
                      Concerning the
                      Interstate,
                      Interexchange
                      Marketplace;
                      Implementation of
                      Section 254(g) of the
                      Communications Act of
                      1934, as amended, CC
                      Docket No. 96-6.
3060-0706..........  Cable Act Reform.......  10/31/05.
3060-0707..........  Over-the-Air Reception   09/30/05.
                      Devices (OTARD).
3060-0710..........  Policy and Rules         10/31/06.
                      Concerning the
                      Implementation of the
                      Local Competition
                      Provisions in the
                      Telecommunications Act
                      of 1996--CC Docket
                      No.96-98.
3060-0711..........  Implementation of        12/31/06.
                      Section 34(a)(1) of
                      the Public Utility
                      Holding Company Act of
                      1935, as amended by
                      the Telecommunications
                      Act of 1996, Secs.
                      1.5001 through 1.5007.
3060-0713..........  Alternative Broadcast    09/30/05.
                      Inspection Program
                      (ABIP) Compliance
                      Notification.
3060-0715..........  Telecommunications       02/28/06.
                      Carriers' Use of
                      Customer Proprietary
                      Network Information
                      (CPNI) and Other
                      Customer Information--
                      CC Docket No. 96-115.
3060-0716..........  Blanketing Interference  11/30/06.
3060-0717..........  Billed Party Preference  07/31/04.
                      for InterLATA 0+
                      Calls, Secs.
                      64.703(a), 64.709, and
                      64.710.
3060-0718..........  Part 101 Governing the   03/31/06.
                      Terrestrial Microwave
                      Radio Service.
3060-0719..........  Quarterly Report of      12/31/06.
                      IntraLATA Carriers
                      Listing Pay Phone
                      Automatic Number
                      Identifications (ANIs).
3060-0723..........  Public Disclosure of     12/31/06.
                      Network Information by
                      Bell Operating
                      Companies.
3060-0725..........  Quarterly Filing of      09/30/06.
                      Nondiscrimination
                      Reports (on Quality of
                      Service, Installation,
                      and Maintenance) by
                      Bell Operating
                      Companies (BOC's).
3060-0726..........  Quarterly Report of      09/30/06.
                      Interexchange Carriers
                      Listing the Number of
                      Dial-Around Calls for
                      Which Compensation is
                      Being Paid to Pay
                      Phone Owners.
3060-0727..........  Sec. 73.213............  Pending OMB approval.
3060-0734..........  Accounting Safeguards,   03/31/05.
                      47 U.S.C. Sections
                      260, 271-276, and 47
                      CFR Secs. 53.209,
                      53.211 and 53.213, SEC
                      Form 10-K.
3060-0736..........  Implementation of the    08/31/04.
                      Non-Accounting
                      Safeguards of Sections
                      271 and 272 of the
                      Communications Act of
                      1934, as amended--CC
                      Docket No. 96-149.
3060-0737..........  Disclosure Requirements  05/31/06.
                      for Information
                      Services Provided
                      Under a
                      Presubscription or
                      Comparable Arrangement.
3060-0740..........  Sec. 95.1015...........  01/31/06.

[[Page 51]]

 
3060-0741..........  Implementation of the    04/30/04.
                      Local Competition
                      Provisions on the
                      Telecommunications Act
                      of 1996--CC Docket No.
                      96-98.
3060-0742..........  Telephone Number         08/31/05.
                      Portability, Part 52,
                      Subpart C, Secs. 52.21-
                      52.33.
3060-0743..........  Implementation of the    01/31/07.
                      Pay Telephone
                      Reclassification and
                      Compensation
                      Provisions of the
                      Telecommunications Act
                      of 1996--CC Docket No.
                      96-128.
3060-0745..........  Implementation of the    12/31/06.
                      Local Exchange Carrier
                      Tariff Streamlining
                      Provisions of the
                      Telecommunications Act
                      of 1996, CC Docket No.
                      96-187.
3060-0748..........  Disclosure Requirements  11/30/06.
                      for Information
                      Services Provided
                      through Toll-Free
                      Numbers, Sec. 64.1504.
3060-0749..........  Sec. 64.1509...........  11/30/06.
3060-0750..........  Sec. 73.673............  07/31/06.
3060-0751..........  Reports Concerning       05/31/06.
                      International Private
                      Lines Interconnected
                      to the U.S. Public
                      Switched Network.
3060-0752..........  Billing Disclosure       11/30/06.
                      Requirements for Pay-
                      Per-Call and Other
                      Information Services,
                      Sec. 64.1510.
3060-0754..........  FCC 398................  06/30/04.
3060-0755..........  Infrastructure Sharing,  05/31/06.
                      Secs. 59.1-59.4.
3060-0756..........  Procedural Requirements  01/31/05.
                      and Policies for
                      Commission Processing
                      of Bell Operating
                      Company (BOC)
                      Applications for the
                      Provision of In-
                      Region, InterLATA
                      Services under Section
                      271 of the
                      Telecommunications Act
                      of 1996.
3060-0757..........  FCC Auctions Customer    01/31/07.
                      Survey.
3060-0758..........  Amendment of Part 5 of   12/31/06.
                      the Commission's Rules
                      to Revise the
                      Experimental Radio
                      Service Regulations,
                      ET Docket No. 92-256.
3060-0760..........  Access Charge Reform,    12/31/05.
                      CC Docket No. 96-262.
3060-0761..........  Closed Captioning of     Pending OMB approval.
                      Video Programming.
3060-0763..........  FCC Report 43-06.......  04/30/06.
3060-0765..........  Revision of Parts 22     Pending OMB approval.
                      and 90 of the
                      Commission's Rules to
                      Facilitate Future
                      Development of Paging
                      Systems.
3060-0767..........  Auction Forms and        11/30/06.
                      License Transfer
                      Disclosures--Supplemen
                      t for the 2nd R&O,
                      Order on
                      Reconsideration, and
                      5th NPRM in CC Docket
                      No. 92-297.
3060-0768..........  28 GHz Band              06/30/06.
                      Segmentation Plan
                      Amending the
                      Commission's Rules to
                      Redesignate the 27.5-
                      29.5 GHz Frequency
                      Band, to Reallocate
                      the 29.5-30.0 GHz
                      Frequency Band, and to
                      Establish Rules and
                      Policies for Local
                      Multipoint
                      Distribution Services
                      and for the Fixed
                      Satellite Service.
3060-0770..........  Price Cap Performance    12/31/05.
                      Review for Local
                      Exchange Carriers--CC
                      Docket No. 94-1 (New
                      Services).
3060-0771..........  Sec. 5.61, Procedure     Pending OMB approval.
                      for Obtaining a
                      Special Temporary
                      Authorization in the
                      Experimental Radio
                      Service.
3060-0773..........  Sec. 2.803, Marketing    12/31/06.
                      of RF Devices Prior to
                      Equipment
                      Authorization.
3060-0774..........  Federal-State Joint      06/30/04.
                      Board on Universal
                      Service--CC Docket No.
                      96-45, Secs. 36.611
                      and 36.612 and 47 CFR
                      Part 54.
3060-0775..........  Secs. 64.1901--64.1903.  12/31/06.
3060-0779..........  Amendment to Part 90 of  04/30/04.
                      the Commission's Rules
                      to Provide for Use of
                      the 220-222 MHz Band
                      by the Private Land
                      Mobile Radio Service,
                      PR Docket No. 89-552.
3060-0780..........  Uniform Rate-Setting     Pending OMB approval.
                      Methodology.
3060-0782..........  Petition for Limited     01/31/07.
                      Modification of LATA
                      Boundaries to Provide
                      Expanded Local Calling
                      Service (ELCS) at
                      Various Locations.
3060-0783..........  Sec. 90.176............  12/31/05.
3060-0786..........  Petitions for LATA       01/31/07.
                      Association Changes by
                      Independent Telephone
                      Companies.
3060-0787..........  Implementation of the    04/30/04.
                      Subscriber Carrier
                      Selection Changes
                      Provisions of the
                      Telecommunications Act
                      of 1996; Policies and
                      Rules Concerning
                      Unauthorized Changes
                      of Consumers Long
                      Distance, FCC 478.
3060-0788..........  DTV Showings/            09/30/04.
                      Interference
                      Agreements.
3060-0789..........  Modified Alternative     05/31/04.
                      Plan, CC Docket No. 90-
                      571.
3060-0790..........  Sec. 68.110(c).........  11/30/06.
3060-0791..........  Accounting for           11/30/06.
                      Judgments and Other
                      Costs Associated with
                      Litigation, CC Docket
                      No. 93-240.
3060-0793..........  Federal-State Joint      10/31/05.
                      Board on Universal
                      Service, CC Docket No.
                      96-45, Procedures for
                      Self-Certifying as a
                      Rural Carrier.
3060-0795..........  Associate WTB Call       07/31/05.
                      Signs and Antenna
                      Registration Numbers
                      with Licensee's FRN
                      and FCC 606.
3060-0798..........  FCC 601................  Pending OMB approval.
3060-0799..........  FCC 602................  03/31/05.
3060-0800..........  FCC 603................  04/30/05.
3060-0804..........  Health Care Providers    Pending OMB approval.
                      Universal Service
                      Program--FCC 465, FCC
                      466, FCC 466-A, and
                      FCC 467.
3060-0805..........  Secs. 90.523, 90.527,    02/28/05.
                      and 90.545.
3060-0806..........  Universal Service,       03/31/06.
                      Schools and Libraries
                      Program, FCC 470 and
                      471.
3060-0807..........  Sec. 51.803 and          04/30/04.
                      Supplemental
                      Procedures for
                      Petitions to Section
                      252(e)(5) of the
                      Communications Act of
                      1934, as amended.

[[Page 52]]

 
3060-0809..........  Communications           08/31/06.
                      Assistance for Law
                      Enforcement Act
                      (CALEA).
3060-0810..........  Procedures for           05/31/06.
                      Designation of
                      Eligible
                      Telecommunications
                      Carriers Pursuant to
                      Section 214(e)(6) of
                      the Communications Act
                      of 1934, as amended.
3060-0812..........  Exemption from Payment   10/31/05.
                      of Regulatory Fees
                      When Claiming Non-
                      Profit Status.
3060-0813..........  Revision of the          06/30/05.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Calling Systems.
3060-0814..........  Sec. 54.301............  03/31/05.
3060-0816..........  Local Competition and    01/31/07.
                      Broadband Reporting,
                      CC Docket No. 99-301,
                      FCC 477.
3060-0817..........  Computer III Further     09/30/06.
                      Remand Proceedings:
                      BOC Provision of
                      Enhanced Services (ONA
                      Requirements), CC
                      Docket No. 95-20.
3060-0819..........  Lifeline Assistance      12/31/06.
                      (Lifeline) Connection
                      Assistance (Link-Up)
                      Reporting Worksheet
                      and Instructions, 47
                      CFR 54.400-54.417, FCC
                      497.
3060-0823..........  Pay Telephone            02/28/05.
                      Reclassification,
                      Memorandum Opinion and
                      Order, CC Docket No.
                      96-128.
3060-0824..........  FCC 498................  07/31/06.
3060-0833..........  Implementation of        10/31/04.
                      Section 255 of the
                      Telecommunications Act
                      of 1996: Complaint
                      Filings/Designation of
                      Agents.
3060-0835..........  Ship Inspections, FCC    03/31/06.
                      806, FCC 824, FCC 827
                      and FCC 829.
3060-0837..........  FCC 302-DTV............  02/28/05.
3060-0841..........  Public Notice,           04/30/05.
                      Additional Processing
                      Guidelines for DTV
                      (nonchecklist
                      applications).
3060-0844..........  Carriage of the          09/30/04.
                      Transmissions of
                      Digital Television
                      Broadcast Stations.
3060-0848..........  Deployment of Wireline   03/31/06.
                      Services Offering
                      Advanced
                      Telecommunications
                      Capability--CC Docket
                      No. 98-147.
3060-0849..........  Commercial Availability  Pending OMB approval.
                      of Navigation Devices,
                      CS Docket No. 97-80.
3060-0850..........  FCC 605................  06/30/06.
3060-0851..........  FCC 305................  12/31/04.
3060-0852..........  FCC 306................  12/31/04.
3060-0853..........  FCC 479, FCC 486, and    01/31/07.
                      FCC 486-T.
3060-0854..........  Truth-in-Billing         Pending OMB approval.
                      Format, CC Docket No.
                      98-170.
3060-0855..........  FCC 499, FCC 499-A, and  Pending OMB approval.
                      FCC 499-Q.
3060-0856..........  FCC 472, FCC 473, and    01/31/07.
                      FCC 474.
3060-0859..........  Suggested Guidelines     06/30/06.
                      for Petitions for
                      Ruling under Section
                      253 of the
                      Communications Act.
3060-0862..........  Handling Confidential    06/30/05.
                      Information.
3060-0863..........  Satellite Delivery of    01/31/06.
                      Network Signals to
                      Unserved Households
                      for Purposes of the
                      Satellite Home Viewer
                      Act.
3060-0865..........  Wireless                 Pending OMB approval.
                      Telecommunications
                      Bureau Universal
                      Licensing System
                      Recordkeeping and
                      Third-Party Disclosure
                      Requirements.
3060-0874..........  FCC 475................  10/31/04.
3060-0876..........  USAC Board of Directors  06/30/06.
                      Nomination Process,
                      Sec. 54.703 and Review
                      of Administrator's
                      Decision, Secs. 54.719-
                      54.725.
3060-0881..........  Sec. 95.861............  07/31/05.
3060-0882..........  Sec. 95.833............  07/31/05.
3060-0886..........  Sec. 73.3534...........  05/31/05.
3060-0888..........  Part 76, Cable           10/31/05.
                      Television Service
                      Pleading and Complaint
                      Rules.
3060-0891..........  FCC 330-A..............  07/31/05.
3060-0893..........  Universal Licensing      02/28/07.
                      Service (ULS) Pre-
                      Auction Database
                      Corrections.
3060-0894..........  Certification Letter     05/31/06.
                      Accounting for Receipt
                      of Federal Support, CC
                      Docket Nos. 96-45 and
                      96-262.
3060-0895..........  Numbering Resource       Pending OMB approval.
                      Optimization, FCC 502.
3060-0896..........  Broadcast Auction Form   09/30/05.
                      Exhibits.
3060-0897..........  MDS and ITFS Two-Way     04/30/04.
                      Transmissions.
3060-0900..........  Compatibility of         12/31/05.
                      Wireless Services with
                      Enhanced 911--CC
                      Docket No. 94-102.
3060-0901..........  Reports of Common        06/30/06.
                      Carriers and
                      Affiliates.
3060-0905..........  Regulations for RF       11/30/05.
                      Lighting Devices,
                      Secs. 18.213 and
                      18.307, ET Docket No.
                      98-42.
3060-0906..........  FCC 317................  07/31/06.
3060-0910..........  Revision of the          05/31/06.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems, Third Report
                      and Order in CC Docket
                      No. 94-102.
3060-0912..........  Cable Attribution Rules  10/31/06.
3060-0914..........  Petition, Pursuant to    04/30/04.
                      Section 7 of the Act,
                      for a Waiver of the
                      Airborne Cellular
                      Rule, or in the
                      Alternative, for a
                      Declaratory Ruling.
3060-0916..........  Sec. 95.1402...........  04/30/06.
3060-0917..........  FCC 160................  10/31/06.
3060-0918..........  FCC 161................  10/31/06.
3060-0919..........  FCC 162................  10/31/06.
3060-0920..........  FCC 318................  03/31/05.
3060-0921..........  Petitions for LATA       10/31/06.
                      Boundary Modification
                      for the Deployment of
                      Advanced Services.

[[Page 53]]

 
3060-0922..........  FCC 397................  11/30/06.
3060-0924..........  Creation of Low Power    11/30/06.
                      Radio Service, MM
                      Docket No. 99-25.
3060-0926..........  Transfer of the Bands    04/30/04.
                      from Federal
                      Government Use: NPRM.
3060-0927..........  Auditor's Annual         05/31/06.
                      Independence and
                      Objectivity
                      Certification.
3060-0928..........  FCC 302-CA.............  02/28/07.
3060-0929..........  FCC 331................  Pending OMB approval.
3060-0930..........  Implementation of the    06/30/06.
                      Satellite Home Viewer
                      Improvement Act
                      (SHVIA) of 1999;
                      Enforcement Procedures
                      for Retransmission
                      Consent Violations
                      Conforming to Section
                      325(e) of the
                      Communications Act of
                      1934, as amended.
3060-0931..........  Maritime Mobile Service  06/30/06.
                      Identity (MMSI).
3060-0932..........  FCC 301-CA.............  02/28/07.
3060-0933..........  FCC 460................  11/30/06.
3060-0934..........  Secs. 2.925, 2.932,      02/28/05.
                      2.944, 2.960, 2.962,
                      2.1043, 68.160 and
                      68.162 and FCC 731-TC.
3060-0936..........  Sec. 95.1215,            09/30/06.
                      Disclosure
                      Policies;Sec. 95.1217,
                      Labeling Requirements.
3060-0937..........  Establishment of a       04/30/04.
                      Class A Television
                      Service, MM Docket No.
                      00-10.
3060-0938..........  FCC 319................  10/31/06.
3060-0939..........  E911 Second Memorandum   05/31/04.
                      Opinion and Order.
3060-0942..........  Access Charge Reform,    03/31/07.
                      Price Cap Performance
                      Review for Local
                      Exchange Carriers, Low-
                      Volume Long Distance
                      Users, Federal-State
                      Joint Board on
                      Universal Service.
3060-0943..........  Sec. 54.809............  12/31/06.
3060-0944..........  Review of Commission     02/28/05.
                      Consideration of
                      Applications Under the
                      Cable Landing License
                      Act.
3060-0945..........  Sec. 79.2..............  01/31/07.
3060-0947..........  Sec. 101.1327..........  02/28/07
3060-0948..........  Noncommercial            Pending OMB approval.
                      Educational Applicants.
3060-0949..........  FCC 159-W..............  10/31/06.
3060-0950..........  Extending Wireless       04/30/04.
                      Telecommunications
                      Services Tribal Lands,
                      WT Docket No. 99-266.
3060-0951..........  Service of Petitions     01/31/07.
                      for Preemption, 47 CFR
                      Sec. 1.1204(b) Note,
                      and Sec. 1.1206(a)
                      Note 1.
3060-0952..........  Proposed Demographic     01/31/07.
                      Information and
                      Notifications.
3060-0953..........  Wireless Medical         Pending OMB approval.
                      Telemetry Service, ET
                      Docket No. 99-255.
3060-0954..........  Implementation of the    07/31/05.
                      911 Act.
3060-0955..........  2 GHz Mobile Satellite   02/28/07.
                      Service Reports.
3060-0957..........  Wireless Enhanced 911    05/31/04.
                      Service, Fourth
                      Memorandum Opinion and
                      Order.
3060-0959..........  Compatibility Between    05/31/04.
                      Cable Systems and
                      Consumer Electronics
                      Equipment.
3060-0960..........  Application of Network   03/31/06.
                      Non-Duplication,
                      Syndicated
                      Exclusivity, and
                      Sports Blackout Rules
                      to Satellite
                      Retransmissions of
                      Broadcast Signals.
3060-0962..........  Redesignation of the 18  02/28/06.
                      GHz Frequency Band,
                      Blanket Licensing of
                      Satellite Earth
                      Stations in the Ka-
                      Band, and the
                      Allocation of
                      Additional Spectrum
                      for Broadcast
                      Satellite Service Use.
3060-0963..........  Sec. 101.527,            04/30/04.
                      Construction
                      Requirements for 24
                      GHz Operations; Sec.
                      101.529, Renewal
                      Expectancy Criteria
                      for 24 GHz Licensees.
3060-0966..........  Secs. 80.385, 80.475,    04/30/04.
                      and 97.303,
                      AutomatedMarine
                      Telecommunications
                      Service (AMTS).
3060-0967..........  Sec. 79.2..............  04/30/04.
3060-0968..........  FCC 501................  07/31/04.
3060-0970..........  Sec. 90.621(e)(2)......  06/30/04.
3060-0971..........  Numbering Resource       09/30/04.
                      Optimization.
3060-0972..........  Multi-Association Group  01/31/07.
                      (MAG) Plan for
                      Regulation of
                      Interstate Services of
                      Non-Price Cap
                      Incumbent Local
                      Exchange Carriers and
                      Interexchange Carriers.
3060-0973..........  Sec. 64.1120(e)........  11/30/04.
3060-0974..........  Proposed Requirements    04/30/04.
                      for Secondary Market
                      Transactions, CC
                      Docket No. 99-200.
3060-0975..........  Promotion of             05/31/04.
                      Competitive Networks
                      in Local
                      Telecommunications
                      Markets Multiple
                      Environments (47 CFR
                      Parts 1, 64 and 68).
3060-0977..........  Procedures for           06/30/04.
                      Reviewing Requests for
                      Relief from State and
                      Local Regulations
                      Pursuant to Section
                      332(c)(7)(B)(v) of the
                      Communications Act of
                      1934.
3060-0978..........  Compatibility with E911  06/30/04.
                      Emergency Calling
                      Systems; Fourth Report
                      and Order.
3060-0979..........  Spectrum Audit Letter..  06/30/06.
3060-0980..........  Implementation of the    06/30/04.
                      Satellite Home Viewer
                      Improvement Act
                      (SHVIA), Carriage
                      Consent Issues,
                      Retransmission Consent
                      Issues, CS Docket Nos.
                      00-96 and 99-363.
3060-0981..........  1998 Biennial Review:    06/30/04.
                      Streamlining of Cable
                      Television Services,
                      Part 76, Public File
                      and Notice
                      Requirements.
3060-0982..........  Implementation of Low    10/31/04.
                      Power Television
                      (LPTV) Digital Data
                      Services Pilot Project.
3060-0983..........  Standards for Co-        07/31/04.
                      Channel and Adjacent
                      Channel Interference
                      in the Land Mobile
                      Radio Service.
3060-0984..........  Secs. 90.35(b)(2) and    07/31/04.
                      90.175(b)(1).

[[Page 54]]

 
3060-0985..........  Public Safety, State     07/31/04.
                      Interoperability
                      Channels.
3060-0986..........  Federal-State Joint      01/31/05.
                      Board on Universal
                      Service, Plan for
                      Reforming the Rural
                      Universal Support
                      Mechanism.
3060-0987..........  911 Callback             06/30/05.
                      Capability: Non-
                      initialized Phones.
3060-0989..........  Procedures for           11/30/05.
                      Applicants Requiring
                      Section 214
                      Authorization for
                      Domestic Interstate
                      Transmission Lines
                      Acquired Through
                      Corporate Control,
                      Secs. 63.01, 63.03 and
                      63.04.
3060-0990..........  Proposed Alternatives    08/31/04.
                      for the Rural Task
                      Force's Proposal to
                      Freeze High-Cost Loop
                      Support Upon
                      Competitive Entry in
                      the Rural Carrier
                      Study Areas (FNPRM).
3060-0991..........  AM Measurement Data....  02/28/05.
3060-0992..........  Request for Extension    12/31/04.
                      of the Implementation
                      Deadline for Non-
                      Recurring Services, CC
                      Docket No. 96-45 and
                      Sec. 54.507(d)(1)-(4).
3060-0994..........  Flexibility for          01/31/07.
                      Delivery of
                      Communications by
                      Mobile Satellite
                      Service Providers in
                      the 2 GHz Band, the L-
                      Band, and the 1.6/2.4
                      GHz Band.
3060-0995..........  Amendment of Part 1 of   05/31/05.
                      the Commission's
                      Rules--Competitive
                      Bidding Procedures,
                      Sec. 1.2105(c)(1) of
                      the Commission's Anti-
                      Collusion Rules.
3060-0996..........  AM Auction Section       03/31/05.
                      307(b) Submissions.
3060-0997..........  Sec. 52.15(k)..........  05/31/05.
3060-0998..........  Sec. 87.109............  01/31/05.
3060-0999..........  Exemption of Public      01/31/05.
                      Mobile Service Phone
                      from the Hearing Aid
                      Compatibility Act:
                      NPRM.
3060-1000..........  Sec. 87.147............  01/31/05.
3060-1001..........  FCC 337................  05/31/05.
3060-1002..........  Cable Horizontal and     01/31/06.
                      Vertical Ownership
                      Information Collection.
3060-1003..........  Telecommunications       07/31/05.
                      Carrier Emergency
                      Contact Information.
3060-1004..........  Wireless                 01/31/07.
                      Telecommunications
                      Bureau Standardizes
                      Carrier Reporting on
                      Wireless E911
                      Implementation.
3060-1005..........  Numbering Resource       06/30/05.
                      Optimization--Phase 3.
3060-1006..........  Phase 3--Further Notice  05/31/05.
                      of Proposed Rulemaking
                      (FNPRM) in CC Docket
                      Nos. 00-199 and 97-
                      212, 2000 Biennial
                      Regulatory Review.
3060-1007..........  Streamlining and Other   01/31/07.
                      Revision of Part 25 of
                      the Commission's Rules.
3060-1008..........  Reallocation and         07/31/05.
                      Service Rules for the
                      698-746 MHz Band
                      (Television Channels
                      52-59).
3060-1009..........  Telecommunications       02/28/06.
                      Reporting Worksheet,
                      CC Docket No. 96-45,
                      Report and Order and
                      Second FNPRM.
3060-1010..........  Numbering Resource       05/31/05.
                      Optimization--Clarific
                      ation and Further
                      Notice.
3060-1011..........  Presubscribed            05/31/05.
                      Interexchange Carrier
                      (PIC)--Change Charges
                      NPRM, CC Docket No. 02-
                      53.
3060-1012..........  Schools and Libraries    06/30/05.
                      Universal Service
                      Support Mechanism, CC
                      Docket No. 02-6, NPRM,
                      Proposed ADA
                      Certification.
3060-1013..........  Mitigation of Orbital    06/30/05.
                      Debris.
3060-1014..........  Ku-Band NGSO FSS.......  08/31/06.
3060-1015..........  Ultra Wideband           01/31/06.
                      Transmission Systems
                      Operating Under Part
                      15.
3060-1021..........  Sec. 25.139............  11/30/05.
3060-1022..........  Sec. 101.1403..........  11/30/05.
3060-1023..........  Sec. 101.103...........  11/30/05.
3060-1024..........  Sec. 101.1413..........  11/30/05.
3060-1025..........  Sec. 101.1440..........  11/30/05.
3060-1026..........  Sec. 101.1417..........  11/30/05.
3060-1027..........  Sec. 27.602............  01/31/06.
3060-1028..........  International Signaling  01/31/06.
                      Point Code (ISPC).
3060-1029..........  Data Network             01/31/06.
                      Identification Code
                      (DNIC).
3060-1030..........  Service Rules for        01/31/06.
                      Advanced Wireless
                      Services (AWS) in the
                      1.7 GHz and 2.1 GHz
                      Bands.
3060-1031..........  Revision of the          08/31/06.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems--Petition of
                      City of Richardson,
                      TX; Order on
                      Reconsideration II.
3060-1032..........  Commercial Availability  03/31/07.
                      of Navigation Devices
                      and Compatibility
                      Between Cable Systems
                      and Consumer
                      Electronics Equipment,
                      FNPRM, CS Docket No.
                      97-80 and PP Docket
                      No. 00-67.
3060-1033..........  FCC 396-C..............  Pending OMB approval.
3060-1034..........  Digital Audio            Pending OMB approval.
                      Broadcasting Systems
                      and Their Impact on
                      the Terrestrial Radio
                      Broadcast Service.
3060-1035..........  FCC 309, 310 and 311...  05/31/06.
3060-1036..........  Potential Reporting      05/31/06.
                      Requirements on Local
                      Exchange Carriers to
                      Assist Expeditious
                      Implementation of
                      Wireless E911 Service.
3060-1038..........  Digital Television       02/28/07.
                      Transition Information
                      Questionnaires.
3060-1039..........  Nationwide Programmatic  02/28/07.
                      Agreement Regarding
                      the Section 106
                      National Historic
                      Preservation Act--
                      Review Process, WT
                      Docket No. 03-128.
3060-1040..........  Broadcast Ownership      Pending OMB approval.
                      Rules, Report and
                      Order in MB Docket No.
                      02-777 and MM Docket
                      Nos. 02-235, 02-237,
                      and 00-244.
3060-1041..........  Remedial Measures for    09/30/06.
                      Failure to Construct
                      Digital Television
                      Stations (DTV Policy
                      Statement).

[[Page 55]]

 
3060-1042..........  Request for Technical    09/30/06.
                      Support.
3060-1043..........  Provision of Improved    09/30/06.
                      Telecommunications
                      Relay Services and
                      Speech-to-Speech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities, CC
                      Docket No. 98-67.
3060-1044..........  Review of the Section    03/31/07.
                      251 Unbundling
                      Obligations of
                      Incumbent Local
                      Exchange Carriers, CC
                      Docket Nos. 01-338, 96-
                      98 and 98-147.
3060-1045..........  FCC 324................  12/31/06.
3060-1046..........  Implementation of the    Pending OMB approval.
                      Pay Telephone
                      Reclassification and
                      Compensation
                      Provisions of the
                      Telecommunications Act
                      of 1996, CC Docket No.
                      96-128.
3060-1047..........  Telecommunications       01/31/07.
                      Relay Services and
                      Speech-to-Spech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities, Second
                      Report and Order,
                      Order to
                      Reconsideration, CC
                      Docket No. 98-67.
3060-1048..........  Sec. 1.929(c)(1).......  01/31/07.
3060-1049..........  Digital Broadcast        05/31/04.
                      Content Protection, MB
                      Docket No. 02-230.
3060-1050..........  New Allocation for       06/30/04.
                      Amateur Radio Service,
                      ET Docket No. 02-98.
3060-1051..........  Certification Letter     01/31/07.
                      Accounting for Receipt
                      of Federal Support, CC
                      Docket Nos. 96-45 and
                      96-262, NPRM.
3060-1053..........  Telecommunications       02/28/07.
                      Relay Services, and
                      Speech-to-Speech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities,
                      Declaratory Ruling, CC
                      Docket No. 98-67.
3060-1054..........  FCC 422-IB.............  02/28/07.
3060-1055..........  FCC 423-IB.............  02/28/07.
3060-1056..........  FCC 421-IB.............  02/28/07.
3060-1057..........  FCC 420-IB.............  02/28/07.
3060-1058..........  Promoting Efficient Use  07/31/04.
                      of Spectrum through
                      the Elimination of
                      Barriers to the
                      Development of
                      Secondary Markets, WT
                      Docket No. 00-230.
3060-1059..........  Revision of the          03/31/07.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems; Amendment of
                      Parts 2 and 25 to
                      Implement the Global
                      Mobile Personal
                      Communications by
                      Satellite (GMPCS),
                      Memorandum of
                      Understanding.
3060-1060..........  Wireless E911            07/31/04.
                      Coordination
                      Initiative Letter.
------------------------------------------------------------------------


[69 FR 15250, Mar. 25, 2004]



Sec. 0.409  Commission policy on private printing of FCC forms.

    The Commission has established a policy regarding the printing of 
blank FCC forms by private companies if they elect to do so as a matter 
of expediency and convenience to their clients or consumers. The policy 
is as follows:
    (a) Blank FCC forms may be reproduced by private companies at their 
own expense provided the following conditions are met:
    (1) Use a printing process resulting in a product that is at least 
comparable in quality to the original document, without change to the 
page size, image size, configuration of pages, folds or perforations, 
and matching as closely as possible the paper weight, paper color and 
ink color.
    (2) Delete in its entirety any and all U.S. Government Printing 
Office (GPO) indicia that may appear in the margin(s).
    (3) If the printer wishes to identify a foreign country in which the 
forms are printed, a marginal notation must be added stating ``No U.S. 
Government funds were used to print this document.''
    (4) Do not add to the form any other symbol, word or phrase that 
might be construed as personalizing the form or advertising on it.
    (5) Except as specified above, do not delete from or add to any part 
of the form, or attach anything thereto.
    (6) Assure that the form being reproduced is an edition currently 
acceptable by the Commission, which will endeavor to keep the public 
advised of revisions to its forms, but cannot assume responsibility to 
the extent of eliminating any element of risk against the use of 
obsolete forms.
    (b) These guidelines do not apply to forms which respondents may 
wish to reproduce as completed facsimiles on automated equipment to 
satisfy application or report requirements. Requests for permission to 
submit such forms to the Commission should be addressed to the Office of 
Managing Director.

[53 FR 27861, July 25, 1988]

[[Page 56]]

                          Printed Publications



Sec. 0.411  General reference materials.

    The following reference materials are available in many libraries 
and may be purchased from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, D.C. 20402:
    (a) Statutory materials. Laws pertaining to communications are 
contained in Title 47 of the United States Code. Laws enacted since the 
printing of the last supplement to the Code are printed individually as 
slip laws, and these are compiled chronologically in the United States 
Statutes at Large. The Acts of Congress from 1910-62 pertaining to radio 
have been compiled in a single volume, Radio Laws of the United States 
(1962 ed.). See Sec. Sec. 0.405 and 0.414.
    (b) Regulatory materials--(1) The Code of Federal Regulations. The 
rules and regulations of the Commission are contained in chapter I of 
title 47 of the Code of Federal Regulations. Chapter I is divided into 
the following four subchapters, which may be purchased separately: 
Subchapter A--General; Subchapter B--Common Carrier Services; Subchapter 
C--Broadcast Radio Services; and Subchapter D--Private Radio Services. 
Most persons will find that they need subchapter A, containing the 
general rules, and one of the other volumes, depending upon their area 
of interest. These four volumes are revised annually to reflect changes 
in the rules. See Sec. Sec. 0.406, 0.412, and 0.415. The Code of 
Federal Regulations is fully indexed and contains numerous finding aids. 
See 1 CFR appendix C.
    (2) The Federal Register. As rules are adopted, amended, or 
repealed, the changes are published in the Federal Register, which is 
published daily except on legal holidays. Notices of proposed rule 
making, other rule making documents, statements of general policy, 
interpretations of general applicability, and other Commission documents 
having general applicability and legal effect are also published in the 
Federal Register. Summaries of the full Notices of proposed rule making 
and other rule making decisions adopted by the Commission constitute 
rulemaking documents for purposes of Federal Register publication. The 
Federal Register is fully indexed and contains numerous findings aids.

[32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979; 51 
FR 7444, Mar. 4, 1986]



Sec. 0.413  The Commission's printed publications.

    The Commission's printed publications are described in Sec. Sec. 
0.414 through 0.420. These publications may be purchased from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.

[64 FR 60722, Nov. 8, 1999]



Sec. 0.414  The Communications Act and other statutory materials.

    This publication, with packets of revised pages, contains the 
Communications Act of 1934, with amendments through 1964; the 
Administrative Procedure Act, with amendments through 1964; the Judicial 
Review Act; the Communications Satellite Act of 1962; and selected 
sections of the Criminal Code pertaining to communications. It also 
contains indexes to the Communications Act and the Administrative 
Procedure Act. Persons who do not have ready access to the United States 
Code, or who refer frequently to these materials, may find this volume 
to be useful.

[32 FR 10571, July 19, 1967]



Sec. 0.415  The rules and regulations (looseleaf service).

    (a) In this service, the rules are divided into 10 volumes, each 
containing several related parts. Each volume may be purchased 
separately from the Superintendent of Documents. The purchase price for 
a volume includes a subscription to replacement pages reflecting changes 
in the rules contained therein until such time as the volume is revised. 
Each volume is revised periodically, depending primarily on the 
frequency with which the rules it contains have been amended. When a 
volume is revised, the revised volume and replacement pages therefor 
will be furnished to those who renew their subscriptions.
    (b) [Reserved]

[41 FR 21449, May 26, 1976, as amended at 45 FR 49935, July 28, 1980; 51 
FR 31304, Sept. 2, 1986]

[[Page 57]]



Sec. 0.416  The Federal Communications Commission Record.

    Texts adopted by the Commission or a member of its staff on 
delegated authority and released through the Office of Media Relations 
are published in the FCC Record. The FCC Record is published biweekly in 
pamphlet form. The pamphlets are available on a subscription basis from 
the Superintendent of Documents. Each biweekly pamphlet contains a table 
of contents and current index. A consolidated index is published on a 
periodic basis.

[64 FR 60722, Nov. 8, 1999]



Sec. 0.417  The Annual Reports.

    At the end of each fiscal year, the Commission publishes an Annual 
Report containing general information concerning the Commission and the 
history of regulation, a summary of developments during the year, and 
selected industry statistics.

[32 FR 10571, July 19, 1967]



Sec. 0.420  Other Commission publications.

    The following additional Commission publications may be purchased 
from the Superintendent of Documents:
    (a) Statistics of Communications Common Carriers.
    (b) Figure M-3, Estimated AM Ground Conductivity of the United 
States (set of two maps).
    (c) Television Network Program Procurement Report, 2d Interim 
Report, Part 2, by the Office of Network Study.

[32 FR 10571, July 19, 1967, as amended at 44 FR 39180, July 5, 1979]

               Forms and Documents Available Upon Request



Sec. 0.421  Application forms.

    All forms for use in submitting applications for radio 
authorization, together with instructions and information as to filing 
such forms, may be obtained at the Washington offices of the Commission 
or at any of the field offices listed in Sec. 0.121. For information 
concerning the forms to be used and filing requirements, see subparts D, 
E, F, and G, of part 1 of this chapter and the appropriate substantive 
rules.

[40 FR 17254, Apr. 18, 1975]



Sec. 0.422  Current action documents and public notices.

    Documents adopted by the Commission, public notices and other public 
announcements are released through the Office of Media Relations. These 
documents are also available on the Commission's website at www.fcc.gov/ 
and can be obtained from the Commission's duplicating contractor.

[64 FR 60722, Nov. 8, 1999]



Sec. 0.423  Information bulletins.

    Information bulletins and fact sheets containing information about 
communications issues and the Federal Communications Commission are 
available on the Commission's web site at www.fcc.gov, ftp.fcc.gov or 
may be requested from the Consumer and Governmental Affairs Bureau.

[64 FR 60722, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]

         Lists Containing Information Compiled by the Commission



Sec. 0.431  The FCC service frequency lists.

    Lists of frequency assignments to radio stations authorized by the 
Commission are recapitulated periodically by means of an automated 
record system. All stations licensed by the Commission are included, 
except the following: Aircraft, amateur, personal (except General Mobile 
Radio Service), Civil Air Patrol, and disaster. The resulting documents, 
the FCC service frequency lists, consist of several volumes arranged by 
nature of service, in frequency order, including station locations, call 
signs and other technical particulars of each assignment. These 
documents are available for public inspection in Washington, D.C., in 
the Office of Engineering and Technology. Copies may be purchased from 
the Commission's duplicating contractor. See Sec. 0.465(a).

[64 FR 60722, Nov. 8, 1999]

[[Page 58]]



Sec. 0.434  Data bases and lists of authorized broadcast stations and 
pending broadcast applications.

    Periodically the FCC makes available copies of its data bases and 
lists containing information about authorized broadcast stations, 
pending applications for such stations, and rulemaking proceedings 
involving amendments to the TV and FM Table of Allotments. The data 
bases, and the lists prepared from the data bases, contain frequencies, 
station locations, and other particulars. The lists are available for 
public inspection at the FCC's Reference Information Center at 445 12th 
Street, SW., Washington, DC. Paper copies of the lists may be purchased 
from the FCC's duplicating contractor; see Sec. 0.465(a). Many of the 
databases may be viewed at the Commission's web site at www.fcc.gov. and 
ftp.fcc.gov under mass media services. Microfiche copies of these lists 
are maintained by the Reference Information Center. These lists are 
derived from the data bases and can be used as an alternative research 
source to the Broadcast Application Processing System (BAPS).

[64 FR 60722, Nov. 8, 1999]

              Public Information and Inspection of Records



Sec. 0.441  General.

    Any person desiring to obtain information may do so by contacting 
the Consumer and Governmental Affairs Bureau. Requests for information, 
general inquiries, and complaints may be submitted by:
    (a) Internet at www.fcc.gov/CIB/FCCINFO or ftp.fcc.gov/CIB/FCCINFO.
    (b) Telephone at 1-(888) CALLFCC (1-888-225-5322).
    (c) TDD/TDY at (202) 418-0484.
    (d) Correspondence at: Consumer and Governmental Affairs Bureau, 
P.O. Box FCC, 445 12th Street, SW., Washington, DC 20554.
    (e) Visiting the Reference Information Center of the Consumer and 
Governmental Affairs Bureau at the Commission's main office in 
Washington, DC.

[64 FR 60723, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002]



Sec. 0.442  Disclosure to other Federal government agencies of information 
submitted to the Commission in confidence.

    (a) The disclosure of records to other Federal government agencies 
is generally governed by 44 U.S.C. 3512 and 3510(b) rather than the 
Freedom of Information Act. The acceptance of materials in confidence 
under Sec. 0.457 or Sec. 0.459 does not provide assurance against 
their disclosure to other agencies.
    (b) Information submitted to the Commission in confidence pursuant 
to Sec. 0.457(c) (2) and (3), (d) and (g) or Sec. 0.459 will be 
disclosed to other agencies of the Federal government upon request: 
Provided (1) Specific Commission assurances against such disclosure have 
not been given, (2) the other agency has established a legitimate need 
for the information, (3) disclosure is made subject to the provisions of 
44 U.S.C. 3510(b), and (4) disclosure is not prohibited by the Privacy 
Act or other provisions of law.
    (c) The Commission's staff may give assurances against disclosure of 
information to other Federal agencies only with the prior written 
approval of the General Counsel. In no event will assurance against 
disclosure to other agencies be given in advance of submission of the 
information to the Commission if submission is required by statute or by 
the provisions of this chapter; but the notice provisions of paragraph 
(d) of this section will apply to such information.
    (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this 
section, a party who furnished records to the Commission in confidence 
will be notified at the time that the request for disclosure is 
submitted and will be afforded 10 days in which to oppose disclosure.
    (2) If the agency requesting the rec ords states to the satisfaction 
of the Commission that notice to the party who furnished the records to 
the Commission will interfere unduly with its law enforcement activities 
and further states that it will notify that party of the Commission's 
disclosure once the potential for such interference is eliminated, the 
Commission will not give notice of disclosure.

[[Page 59]]

    (3) A party who furnished records to the Commission in confidence 
under Sec. 0.457(d) or 0.459 will not be afforded prior notice when the 
disclosure is made to the Comptroller General. Such a party will instead 
be notified of disclosure of the records to the Comptroller General 
either individually or by public notice.
    (4) If disclosure is opposed and the Commission decides to make the 
rec ords available to the other agency, the party who furnished the 
records to the Commission will be afforded ten (10) working days from 
the date of the ruling in which to move for a judicial stay of the 
Commission's action. If he does not move for stay within this period, 
the records will be disclosed.
    (e) Except as provided in paragraph (d)(3) of this section, nothing 
in this section is intended to govern disclosure of information to 
Congress or the Comptroller General.

[44 FR 55573, Sept. 27, 1979; 44 FR 57096, Oct. 4, 1979, as amended at 
64 FR 55162, Oct. 12, 1999]



Sec. 0.445  Publication, availability and use of opinions, orders, policy 
statements, interpretations, administrative manuals, and staff instructions.

    (a) Adjudicatory opinions and orders of the Commission, or its staff 
acting on delegated authority, are mailed to the parties, and as part of 
the record, are available for inspection in accordance with Sec. Sec. 
0.453 and 0.455.
    (b) Texts adopted by the Commission or a member of its staff on 
delegated authority and released through the Office of Media Relations 
are published in the FCC Record. Older materials of this nature are 
available in the FCC Reports. In the event that such older materials are 
not published in the FCC Reports, reference should be made to the 
Federal Register or Pike and Fischer Radio Regulation.
    (c) All rulemaking documents are published in the Federal Register. 
Summaries of the full Notices of proposed rule making and other rule 
making decisions adopted by the Commission constitute rulemaking 
documents for purposes of Federal Register publication. See Sec. 
1.412(a)(1). The complete text of the Commission decision also is 
released by the Commission and is available for inspection and copying 
during normal business hours in the Office of Media Relations or as 
otherwise specified in the rulemaking document published in the Federal 
Register. Docketed matters are available to the public via the 
Electronic Comment Filing System maintained in the Reference Information 
Center at 445 12th Street, Washington, DC. The complete texts of 
rulemaking decisions may also be purchased from the Commission's 
duplicating contractor.
    (d) Formal policy statements and interpretations designed to have 
general applicability and legal effect are published in the Federal 
Register, the FCC Record, FCC Reports, or Pike and Fischer. Commission 
decisions and other Commission documents not entitled formal policy 
statements or interpretations may contain substantive interpretations 
and statements regarding policy, and these are published as part of the 
document in the FCC Record, FCC Reports or Pike and Fischer. General 
statements regarding policy and interpretations furnished to 
individuals, in correspondence or otherwise, are not ordinarily 
published.
    (e) If the documents described in paragraphs (a) through (d) of this 
section are published in the Federal Register, the FCC Record, FCC 
Reports, or Pike and Fischer Radio Regulation, they may be relied upon, 
used or cited as precedent by the Commission or private parties in any 
manner. If they are not so published, they may not be relied upon, used 
or cited as precedent, except against persons who have actual notice of 
the document in question or by such persons against the Commission. No 
person is expected to comply with any requirement or policy of the 
Commission unless he has actual notice of that requirement or policy or 
a document stating it has been published as provided in this paragraph. 
Nothing in this paragraph, however, shall be construed as precluding a 
reference to the rationale set forth in a recent document that is 
pending publication if the requirment or policy to which the rationale 
relates is contained in a published document or if actual notice of that 
requirement or policy has been given.

[[Page 60]]

    (f) The Federal Register, the FCC Record, FCC Reports and Pike and 
Fischer Radio Regulation are indexed. If the documents described in 
paragraphs (a)-(d) of this section are not published, they are neither 
indexed nor relied upon, except as provided in paragraph (e) of this 
section.
    (g) The FCC Administrative Manual (excepting Part IX, concerning 
Civil Defense, which contains materials classified under E.O. 10501) is 
available for inspection in the Office of the Managing Director. The 
Manual is not indexed but is organized by subject, with tables of 
contents, and the materials contained therein can be located without 
difficulty.
    (h) Subparts A and B of this part describe the functions of the 
staff and list the matters on which authority has been delegated to the 
staff. Except as provided in paragraph (g) of this section, all general 
instructions to the staff and limitations upon its authority are set 
forth in those subparts. As part of the Commission's rules and 
regulations, the provisions of these subparts are indexed in the Federal 
Register and the Code of Federal Regulations. Instructions to the staff 
in particular matters or cases are privileged and are not published or 
made available for public inspection.
    (i) To the extent required to prevent a clearly unwarranted invasion 
of personal privacy, the Commission may delete identifying details when 
it makes available or publishes any document described in this section. 
The justification for any such deletion will be fully explained in a 
preamble to the document.

[32 FR 10573, July 19, 1967, as amended at 40 FR 17255, Apr. 18, 1975; 
50 FR 27953, July 9, 1985; 51 FR 7444, Mar. 4, 1986; 51 FR 45889, Dec. 
23, 1986; 61 FR 8477, Mar. 5, 1996; 64 FR 60723, Nov. 8, 1999]



Sec. 0.451  Inspection of records: Generally.

    (a) Records which are routinely available for public inspection. 
Sections 0.453 and 0.455 list those Commission records which are 
routinely available for public inspection and the places at which those 
records may be inspected. Procedures governing requests for inspection 
of such records are set out in Sec. 0.460.
    (b) Records which are not routinely available for public inspection. 
Records which are not listed in Sec. 0.453 or Sec. 0.455 are not 
routinely available for public inspection. Such records fall into two 
categories.
    (1) The first category consists of those records or kinds of records 
listed in Sec. 0.457 and of particular records withheld from public 
inspection under Sec. 0.459. The Commission has determined that there 
is a statutory basis for withholding these records from public 
inspection. In some cases, the Commission is prohibited from permitting 
the inspection of records. In other cases, the records are the property 
of another agency, and the Commission has no authority to permit their 
inspection. In still other cases, the Commission is authorized, for 
reason of policy, to withhold records from inspection, but is not 
required to do so.
    (2) The second category consists of records which are not listed in 
Sec. 0.453, Sec. 0.455, or Sec. 0.457 and have not been withheld from 
inspection under Sec. 0.459. In some cases, these records have not been 
identified for listing. In other cases (e.g., the general correspondence 
files), the Commission is unable to determine either that all records in 
a class should be routinely available for inspection or that all records 
in that class should not be routinely available for inspection, and 
individual determination is required.
    (3) Procedures governing requests for inspection of these records 
are set out in Sec. 0.461.
    (4) Procedures governing demands by competent authority for 
inspection of these records are set out in Sec. 0.463.
    (5) Except as provided in Sec. Sec. 0.461 and 0.463, no officer or 
employee of the Commission shall permit the inspection of records which 
are not routinely available for public inspection under Sec. 0.453 or 
Sec. 0.455, or disclose information contained therein.
    (c) Copies. Section 0.465 applies to requests for copies of 
Commission records which are routinely available for public inspection 
under Sec. Sec. 0.453 and 0.455 and those which are made available for 
inspection under Sec. 0.461. Section 0.467 applies to requests for 
certified copies of Commission records.

[[Page 61]]

    (d) Search fees. Section 0.466 prescribes fees to cover the expense 
of searching for records made available for inspection under Sec. 0.460 
or Sec. 0.461.

[40 FR 7313, Feb. 19, 1975]



Sec. 0.453  Public reference rooms.

    The Commission maintains the following public reference rooms at its 
offices in Washington, DC, and Columbia, Maryland. Much of the 
information available from the public reference rooms may also be 
retrieved from the Commission's WorldWide Website at http://www.fcc.gov:
    (a) The Reference Information Center of the Consumer and 
Governmental Affairs Bureau. (1) Files containing the record of all 
docketed cases, petitions for rule making and related papers. A file is 
maintained for each docketed hearing case and for each docket rule 
making proceeding. Cards summarizing the history of such cases are 
available for inspection.
    (2) Files, documents, and records related to the following services:
    (i) Mass Media Services.
    (A) Applications for broadcast authorizations and related files are 
available for public inspection Certain broadcast applications, reports 
and records are also available for inspection in the community in which 
the station is located or is proposed to be located. See Sec. Sec. 
73.3526 and 73.3527 of this chapter.
    (B) Ownership reports filed by licensees of broadcast stations 
pursuant to Sec. 73.3615.
    (C) Network affiliation contracts between stations and networks (for 
television stations only).
    (D) Contracts relating to network service to broadcast licensees 
filed on or after the 1st day of May 1969 under Sec. 73.3613.
    (E) Annual employment reports filed by licensees and permittees of 
broadcast stations pursuant to Sec. 73.3612 of this chapter.
    (F) Contract files which contain pledges, trust agreements, options 
to purchase stock agreements, partnership agreements, management 
consultant agreements, and mortgage or loan agreements.
    (G) broadcast applications and related files.
    (H) FM Translator applications and related files.
    (I) Station files containing Notice of Apparent Liability and 
Memorandum of Opinion and Order and related files.
    (J) Network correspondence files and related materials.
    (ii) Common Carrier Services, including:
    (A) Annual reports filed by carriers under Sec. 43.21 of this 
chapter.
    (B) Reports on pensions and benefits filed by carriers under Sec. 
43.42 of this chapter.
    (C) Reports of proposed changes in depreciation rates filed by 
carriers under Sec. 43.43 of this chapter.
    (D) Tariff schedules for all charges for interstate and foreign wire 
or radio communications filed pursuant to section 203 of the 
Communications Act, all related documents and communications.
    (E) All applications for common carrier authorizations acted upon by 
the Enforcement Bureau, and related files.
    (F) All formal and informal complaints against common carriers filed 
under Sec. Sec. 1.711 through 1.735 of this chapter, all documents 
filed in connection therewith, and all communications related thereto.
    (G) Annual employment reports filed by common carrier licensees or 
permittees pursuant to Sec. 1.815 of this chapter.
    (H) Enforcement proceedings and public inquiries and related 
materials.
    (I) Files containing contracts between carriers and affiliates, 
accounts and subaccounts, pension filings, property records, disposition 
units, and depreciation rate filings.
    (J) Cost Allocation Manuals and related materials.
    (K) Section 214 applications and related files, to the extent that 
they concern domestic communications facilities and services.
    (L) Files containing reports required by FCC Rules and Regulations, 
annual reports to stockholders, administrative reports, monthly bypass 
reports and related materials.
    (M) Files containing reference material from major telephone 
companies.
    (N) Files containing Local Exchange Rates and related files.
    (O) Currently effective tariffs filed by Communications Common 
Carriers

[[Page 62]]

pursuant to various FCC Rules and Regulations.
    (P) Recent revisions to tariff filings and the Reference Information 
Center Log which is prepared daily and lists the tariff filings received 
the previous day.
    (iii) Wireless Telecommunications Services and Auction related data 
including:
    (A) Station files containing a complete history of data submitted by 
the applicant that has been approved by the Commission which includes 
background material.
    (B) Pending files containing applications for additional facilities 
or modifications of existing facilities.
    (C) Cellular and Paging Granted Station files and related materials.
    (D) Pending cellular and paging applications and related files.
    (E) Electronically stored application and licensing data for 
commercial radio operators and for all authorizations in the Wireless 
Radio services are available for public inspection via the Commission's 
wide area network. Wireless Radio services include Commercial and 
Private Mobile Radio, Common Carrier and Private Operational Field 
point-to-point Microwave, Local Television Transmission Service (LTTS), 
Digital Electronic Message Service (DEMS), Aviation Ground and Marine 
Coast applications. Some of these services are available electronically 
now and most will be available on electronically within 90 days of the 
implementation of the Universal Licensing System (ULS).
    (F) Petitions and related materials.
    (iv) International Services, except to the extent they are excluded 
from routine public inspection under another section of this chapter:
    (A) Satellite and earth station applications files and related 
materials under parts 25 and 100 of this chapter;
    (B) Section 214 applications and related files under part 63 of this 
chapter, to the extent that they concern international communications 
facilities and services;
    (C) International Fixed Public Radio applications and related files 
under part 23 of this chapter;
    (D) Files relating to submarine cable landing licenses and 
applications for such licenses since June 30, 1934, except for maps 
showing the exact location of submarine cables, which are withheld from 
inspection under section 4(j) of the Communications Act (see Sec. 
0.457(c)(1)(i));
    (E) Documents relating to INTELSAT or INMARSAT;
    (F) International broadcast applications, applications for 
permission to deliver programming to foreign stations, and related files 
under part 73 of this chapter;
    (v) Cable services. The following files and documents are available, 
including:
    (A) All complaints regarding cable programming rates, all documents 
filed in connection therewith, and all communications related thereto, 
unless the cable operator has submitted a request pursuant to Sec. 
0.459 that such information not be made routinely available for public 
inspection.
    (B) Special relief petitions and files pertaining to cable 
television operations.
    (C) Cable television system reports filed by operators pursuant to 
Sec. 76.403 of this chapter.
    (D) Annual employment reports filed by cable television systems 
pursuant to Sec. 76.77 of this chapter.
    (E) Files and documents related to Cable Television Relay Service 
(CARS)
    (b) Reference Information Center. Station files containing 
applications and related materials for Remote Pickup, Aural STL/ICR, TV 
Auxiliary, and Low Power Auxiliary Stations in the mass media services.
    (c) The Library. Various legal and technical publications, and 
legislative history compilations, related to communications are 
available for inspection in the Library.
    (d) The Office of Engineering and Technology, FCC Laboratory 
Reference Room. The following documents, files and records are available 
for inspection at this location. Files containing approved applications 
for Equipment Authorization and related materials are available for 
review. These files are available in the Commission's Laboratory in 
Columbia, Maryland.
    (e) The International Bureau. The International Bureau maintains 
international settlement agreements and

[[Page 63]]

contracts and international cable agreements.
    (f) The Media Bureau. The Media Bureau maintains all cable operator 
requests for approval of existing or increased cable television rates 
for basic service and associated equipment over which the Commission had 
assumed jurisdiction, all documents filed in connection therewith, and 
all communications related thereto, unless the cable operator has 
submitted a request pursuant to Sec. 0.459 that such information not be 
made routinely available for public inspection.
    (g) The Wireline Competition Bureau. Section 214 applications and 
related files, to the extent that they concern domestic communications 
facilities and services are available for inspection at this location.
    (1) [Reserved]
    (2) Section 214 applications and related files, to the extent that 
they concern domestic communications facilities and services.
    (h) The Wireless Telecommunications Bureau, Commercial Mobile 
Services Reference Room. The following documents, files and records are 
available for inspection at two different locations. The Legal Branch is 
the responsible custodian for both locations.
    (1) The Wireless Telecommunications Bureau Reference Room--
Gettysburg. Commercial radio operator application files and all 
authorizations in the Wireless Radio Services and files relating 
thereto, which includes Land Mobile, Microwave, Aviation Ground and 
Marine Coast applications. All of these materials are available in the 
Commission's offices in Gettysburg, Pennsylvania. See Sec. 0.457(f)(3). 
This reference room also contains station files containing applications 
and related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary, 
and Low Power Auxiliary Stations in the Mass Media services. This 
reference room also contains station files containing applications and 
related materials for the Point-to-Point Microwave (including the Local 
Television Transmission Service) and Digital Electronic Message (DEMS) 
services in the Common Carrier services. Cards summarizing the 
historical record of applications and dispositions of the Broadcast 
Auxiliary service through May 1982 are available for inspection as well.
    (2) Pending files containing applications for additional facilities 
or modifications of existing facilities.
    (3) Cellular Granted Station files and related materials.
    (4) Pending cellular applications and related files.
    (5) Petitions and related materials.
    (i) The Wireline Competition Bureau, Industry Analysis Reference 
Room. The following documents, files and records are available for 
inspection at this location.
    (1) Files containing reports required by FCC Rules and Regulations, 
annual reports to stockholders, administrative reports, monthly bypass 
reports and related materials.
    (2) Files containing reference material from major telephone 
companies.
    (3) Files containing Local Exchange Rates and related files.
    (j) The Wireline Competition Bureau, Tariff Review Reference Room. 
Contains currently effective tariffs filed by Communications Common 
Carriers pursuant to various FCC Rules and Regulations. Also available 
for review and copying are recent revisions to tariff filings and the 
Public Reference Room Log, which is prepared daily and lists the tariff 
filings received the previous day.
    (k) The Office of Engineering and Technology, FCC Laboratory 
Reference Room. The following documents, files and records are available 
for inspection at this location. Files containing approved applications 
for Equipment Authorization and related materials are available for 
review. These files are available in the Commission's Laboratory in 
Columbia, Maryland.
    (l) The International Bureau Reference Room. Except to the extent 
they are excluded from routine public inspection under another section 
of this chapter, the following documents, files, and records are 
available for inspection at this location:
    (1) Satellite and earth station applications files and related 
materials under parts 25 and 100 of this chapter;
    (2) Section 214 applications and related files under part 63 of this 
chapter,

[[Page 64]]

to the extent that they concern international communications facilities 
and services;
    (3) International Fixed Public Radio applications and related files 
under part 23 of this chapter;
    (4) Files relating to submarine cable landing licenses and 
applications for such licenses since June 30, 1934, except for maps 
showing the exact location of submarine cables, which are withheld from 
inspection under section 4(j) of the Communications Act (see Sec. 
0.457(c)(1)(i));
    (5) Files relating to international settlements under part 64 of 
this chapter;
    (6) Documents relating to INTELSAT or INMARSAT;
    (7) International broadcast applications, applications for 
permission to deliver programming to foreign stations, and related files 
under part 73 of this chapter; and
    (8) International settlement agreements and contracts and 
international cable agreements.
    (m) The Media Bureau Reference Center. The following documents, 
files and records are available for inspection at this location.
    (1) All complaints regarding cable programming rates, all documents 
filed in connection therewith, and all communications related thereto, 
unless the cable operator has submitted a request pursuant to Sec. 
0.459 that such information not be made routinely available for public 
inspection.
    (2) All cable operator requests for approval of existing or 
increased cable television rates for basic service and associated 
equipment over which the Commission has assumed jurisdiction, all 
documents filed in connection therewith, and all communications related 
thereto, unless the cable operator has submitted a request pursuant to 
Sec. 0.459 that such information not be made routinely available for 
public inspection.
    (3) Special relief petitions and files pertaining to cable 
television operations.
    (4) Cable television system reports filed by operators pursuant to 
Sec. 76.403 of this chapter.
    (n) Electronically stored application and licensing data for 
commercial radio operator applications and all authorizations in the 
Wireless Radio services are available for public inspection via the 
Commission's wide area network. Wireless Radio services include 
Commercial and Private Mobile Radio, Common Carrier and Private 
Operational Fixed Point-to-Point Microwave, Local Television 
Transmission Service (LTTS), Digital Electronic Message Service (DEMS), 
Aviation Ground and Marine Coast applications.

[32 FR 10573, July 19, 1967, as amended at 46 FR 27655, May 21, 1981; 50 
FR 40014, Oct. 1, 1985; 52 FR 38764, Oct. 19, 1987; 58 FR 19772, Apr. 
16, 1993; 59 FR 32132, June 22, 1994; 60 FR 5325, Jan. 27, 1995; 60 FR 
35507, July 10, 1995; 63 FR 36596, July 7, 1998; 63 FR 68919, Dec. 14, 
1998; 64 FR 28936, May 28, 1999; 64 FR 60723, Nov. 8, 1999; 67 FR 13221, 
Mar. 21, 2002]

    Effective Date Note: At 64 FR 28936, May 28, 1999, in Sec. 0.453 
paragraph (o) was added, effective 90 days after ULS is implemented for 
all services licensed by the Wireless Telecommunications Bureau.



Sec. 0.455  Other locations at which records may be inspected.

    Except as provided in Sec. Sec. 0.453,0.457, and 0.459, records are 
routinely available for inspection in the Reference Information Center 
or the offices of the Bureau or Office which exercises responsibility 
over the matters to which those records pertain (see Sec. 0.5), or will 
be made available for inspection at those office upon request. Upon 
inquiry to the appropriate Bureau or Office, persons desiring to inspect 
such records will be directed to the specific location at which the 
particular records may be inspected. A list of Bureaus and Offices and 
examples of the records available at each is set out below.
    (a) Media Bureau. (1) Rulings under the Fairness Doctrine and 
section 315 of the Communications Act, and related materials.
    (2) Ruling lists which contain brief summaries of rulings.
    (3) Congressional correspondence and related materials.
    (4) Correspondence and other actions and decisions relating to cable 
television services that are not filed in the FCC Reference Information 
Center, e.g. rate regulation files and related documents.

[[Page 65]]

    (b) Wireline Competition Bureau. (1) Reports of public coast station 
operators filed under Sec. 43.71 of this chapter.
    (2) Valuation reports filed under section 213 of the Communications 
Act, including exhibits filed in connection therewith, unless otherwise 
ordered by the Commission, with reasons therefor, pursuant to section 
213(f) of the Communications Act. See Sec. 0.457(c)(2).
    (3) Computer II files and related materials.
    (c) Office of Managing Director. (1) All minutes of Commission 
actions, containing a record of all final votes, minutes of actions and 
internal management matters as provided in Sec. 0.457 (b)(1) and 
(c)(1)(i). These records and files are available for inspection in the 
Agenda Group.
    (2) Files containing information concerning the history of the 
Commission's rules. These files are available for inspection in the 
Publications Group.
    (3) See Sec. 0.443.
    (4) Reports filed pursuant to subpart E of part 19 of this chapter 
and applications for inspection of such reports. See Sec. 0.460(k).
    (d) Office of Engineering and Technology which includes the Bureau's 
Technical Library containing technical reports, technical journals, and 
bulletins of spectrum management and related technical materials. Also 
files containing approved applications for Equipment Authorization (Type 
accepted, certified and notified) and related materials are available 
for review. These files are available in the Commission's Laboratory in 
Columbia, Maryland.
    (1) Experimental application and license files.
    (2) The Master Frequency Records.
    (3) Applications for Equipment Authorization (type accepted, type 
approval, certification, or advance approval of subscription television 
systems), following the effective date of the authorization. See Sec. 
0.457(d)(1)(ii). (Application files, technical journals and other 
technical materials are maintained at the Commission's Laboratory at 
Columbia, Maryland.)
    (e) International Bureau. The treaties and other international and 
bilateral agreements listed in Sec. 73.1650 of this chapter are 
available for inspection in the office of the Chief, Strategic Analysis 
and Negotiations Division, International Bureau. Also contracts and 
other arrangements filed under Sec. 43.51 and reports of negotiations 
regarding foreign communication matters filed under Sec. 43.52 of this 
chapter, except for those kept confidential by the Commission pursuant 
to section 412 of the Communications Act. See Sec. 0.457(c)(3). Also 
files relating to international settlements under part 64 of this 
chapter.

[67 FR 13222, Mar. 21, 2002]



Sec. 0.457  Records not routinely available for public inspection.

    The records listed in this section are not routinely available for 
public inspection. The records are listed in this section by category, 
according to the statutory basis for withholding those records from 
inspection; and under each category, if appropriate, the underlying 
policy considerations affecting the withholding and disclosure of 
records in that category are briefly outlined. Except where the records 
are not the property of the Commission or where the disclosure of those 
records is prohibited by law, the Commission will entertain requests 
from members of the public under Sec. 0.461 for permission to inspect 
particular records withheld from inspection under the provisions of this 
section, and will weigh the policy considerations favoring non-
disclosure against the reasons cited for permitting inspection in the 
light of the facts of the particular case. In making such requests, it 
is important to appreciate that there may be more than one basis for 
withholding particular records from inspection. The listing of records 
by category is not intended to imply the contrary but is solely for the 
information and assistance of persons making such requests. Requests to 
inspect or copy the transcripts, recordings or minutes of agency or 
advisory committee meetings will be considered under Sec. 0.603 rather 
than under the provisions of this section.
    (a) Materials that are specifically authorized under criteria 
established by Executive Order to be kept secret in the interest of 
national defense or foreign policy and are in fact properly classified 
pursuant to such Executive Order, 5 U.S.C.

[[Page 66]]

552(b)(1). (1) E.O. 10450, ``Security Requirements for Government 
Employees,'' 18 FR 2489, April 27, 1953, 3 CFR, 1949-1953 Comp., p. 936. 
Pursuant to the provisions of E.O. 10450, reports and other material and 
information developed in security investigations are the property of the 
investigative agency. If they are retained by the Commission, it is 
required that they be maintained in confidence and that no access be 
given to them without the consent of the investigative agency. Such 
materials and information will not be made available for public 
inspection. See also paragraphs (f) and (g) of this section.
    (2) E.O. 10501, ``Safeguarding Official Information in the Interests 
of the Defense of the United States,'' 18 FR 7049, November 10, 1953, as 
amended, 3 CFR, 1965 ed., p. 450. E.O. 10501, as amended, provides for 
the classification of official information which requires protection in 
the interests of national defense, and prohibits the disclosure of 
classified information except as provided therein. Classified materials 
and information will not be made available for public inspection. See 
also, E.O. 10033, February 8, 1949, 14 FR 561, 3 CFR, 1949-1953 Comp., 
p. 226, and 47 U.S.C. 154(j).
    (b) Materials that are related solely to the internal personnel 
rules and practices of the Commission, 5 U.S.C. 552(b)(2). (1) Materials 
related solely to internal management matters, including minutes of 
Commission actions on such matters. Such materials may be made available 
for inspection under Sec. 0.461, however, unless their disclosure would 
interfere with or prejudice the performance of the internal management 
functions to which they relate, or unless their disclosure would 
constitute a clearly unwarranted invasion of personal privacy (see 
paragraph (f) of this section).
    (2) Materials relating to the negotiation of contracts.
    (3) All materials used in conducting radio operator examinations, 
including test booklets, Morse Code tapes, and scoring masks.
    (c) Materials that are specifically exempted from disclosure by 
statute (other than the Government in the Sunshine Act, 5 U.S.C. 552b): 
Provided, That such statute (1) requires that the materials be withheld 
from the public in such a manner as to leave no discretion on the issue, 
or (2) establishes particular criteria for withholding or refers to 
particular types of materials to be withheld. The Commission is 
authorized under the following statutory provisions to withhold 
materials from public inspection.
    (1) Section 4(j) of the Communications Act, 47 U.S.C. 154(j), 
provides, in part, that, ``The Commission is authorized to withhold 
publication of records or proceedings containing secret information 
affecting the national defense.'' Pursuant to that provision, it has 
been determined that the following materials should be withheld from 
public inspection (see also paragraph (a) of this section):
    (i) Maps showing the exact location of submarine cables.
    (ii) Minutes of Commission actions on classified matters.
    (iii) Maps of nation-wide point-to-point microwave networks.
    (2) Under section 213(f) of the Communications Act, 47 U.S.C. 
213(f), the Commission is authorized to order, with the reasons 
therefor, that records and data pertaining to the valuation of the 
property of common carriers and furnished to the Commission by the 
carriers pursuant to the provisions of that section, shall not be 
available for public inspection. If such an order has been issued, the 
data and records will be withheld from public inspection, except under 
the provisions of Sec. 0.461. Normally, however, such data and 
information is available for inspection. See Sec. 0.455(c) (8).
    (3) Under section 412 of the Communications Act, 47 U.S.C. 412, the 
Commission may withhold from public inspection certain contracts, 
agreements and arrangements between common carriers relating to foreign 
wire or radio communication. Reports of negotiations regarding such 
foreign communication matters, filed by carriers under Sec. 43.52 of 
this chapter, may also be withheld from public inspection under section 
412. Any person may file a petition requesting that such materials be 
withheld from public inspection. To support such action, the petition 
must show that the contract,

[[Page 67]]

agreement or arrangement relates to foreign wire or radio 
communications; that its publication would place American communication 
companies at a disadvantage in meeting the competition of foreign 
communication companies; and that the public interest would be served by 
keeping its terms confidential. If the Commission orders that such 
materials be kept confidential, they will be made available for 
inspection only under the provisions of Sec. 0.461.
    (4) Section 605 of the Communications Act, 47 U.S.C. 605, provides, 
in part, that, ``no person not being authorized by the sender shall 
intercept any communication [by wire or radio] and divulge or publish 
the existence, contents, substance, purport, effect, or meaning of such 
intercepted communications to any person.'' In executing its 
responsibilities, the Commission regularly monitors radio transmissions 
(see Sec. 0.116). Except as required for the enforcement of the 
communications laws, treaties and the provisions of this chapter, or as 
authorized in section 605, the Commission is prohibited from divulging 
information obtained in the course of these monitoring activities; and 
such information, and materials relating thereto, will not be made 
available for public inspection.
    (5) Section 1905 of the Criminal Code, 18 U.S.C. 1905, prohibits the 
unauthorized disclosure of certain confidential information. See 
paragraph (d) of this section.
    (d) Trade secrets and commercial or financial information obtained 
from any person and privileged or confidential--categories of materials 
not routinely available for public inspection, 5 U.S.C. 552(b)(4) and 18 
U.S.C. 1905.
    (1) The materials listed in this subparagraph have been accepted, or 
are being accepted, by the Commission on a confidential basis pursuant 
to 5 U.S.C. 552(b)(4). To the extent indicated in each case, the 
materials are not routinely available for public inspection. If the 
protection afforded is sufficient, it is unnecessary for persons 
submitting such materials to submit therewith a request for non-
disclosure pursuant to Sec. 0.459. A persuasive showing as to the 
reasons for inspection will be required in requests for inspection of 
such materials submitted under Sec. 0.461.
    (i) Financial reports submitted by licensees of broadcast stations 
pursuant to former Sec. 1.611 or by radio or television networks are 
not routinely available for inspection.
    (ii) Applications for equipment authorizations (type acceptance, 
type approval, certification, or advance approval of subscription 
television systems), and materials relating to such applications, are 
not routinely available for public inspection prior to the effective 
date of the authorization. The effective date of the authorization will, 
upon request, be deferred to a date no earlier than that specified by 
the applicant. Following the effective date of the authorization, the 
application and related materials (including technical specifications 
and test measurements) will be made available for inspection upon 
request (See Sec. 0.460). Portions of applications for equipment 
certification of scanning receivers and related materials will not be 
made available for inspection. This information includes that necessary 
to prevent modification of scanning receivers to receive Cellular 
Service frequencies, such as schematic diagrams, technical narratives 
describing equipment operation, and relevant design details.
    (iii) Information submitted in connection with audits, 
investigations and examination of records pursuant to 47 U.S.C. 220.
    (iv) Programming contracts between programmers and multichannel 
video programming distributors.
    (v) Prior to July 4, 1967, the rules and regulations provided that 
certain materials submitted to the Commission would not be made 
available for public inspection or provided assurance, in varying 
degrees, that requests for nondisclosure of certain materials would be 
honored. See, e.g., 47 CFR chapter I revised as of October 1, 1966, 
Sec. Sec. 0.417, 2.557, 5.204, 5.255, 15.70, 21.406, 80.33, 87.153, 
89.215, 91.208, 91.605 and 93.208. Materials submitted under these 
provisions are not routinely available for public inspection. To the 
extent that such materials were accepted on a confidential basis under 
the then existing rules, they are not routinely available for public 
inspection. The rules cited in

[[Page 68]]

this paragraph (d)(1)(v) were superseded by the provisions of this 
paragraph (d), effective July 4, 1967. Equipment authorization 
information accepted on a confidential basis between July 4, 1967 and 
March 25, 1974, will not be routinely available for inspection and a 
persuasive showing as to the reasons for inspection of such information 
will be required in requests for inspection of such materials submitted 
under Sec. 0.461.
    (vi) Information on the users and locations of radio frequency 
identification systems submitted to the Commission pursuant to Sec. 
15.240 will be made available to other Federal Government agencies but 
will not otherwise be made available for inspection.
    (2) Unless the materials to be submitted are listed in paragraph 
(d)(1) of this section and the protection thereby afforded is adequate, 
it is important for any person who submits materials which he wishes 
withheld from public inspection under 5 U.S.C. 552(b)(4) to submit 
therewith a request for non-disclosure pursuant to Sec. 0.459. If it is 
shown in the request that the materials contain trade secrets or 
commercial, financial or technical data which would customarily be 
guarded from competitors, the materials will not be made routinely 
available for inspection; and a persuasive showing as to the reasons for 
inspection will be required in requests for inspection submitted under 
Sec. 0.461. In the absence of a request for non-disclosure, the 
Commission may, in the unusual instance, determine on its own motion 
that the materials should not be routinely available for public 
inspection. Ordinarily, however, in the absence of such a request, 
materials which are submitted will be made available for inspection upon 
request pursuant to Sec. 0.461, even though some question may be 
present as to whether they contain trade secrets or like matter.
    (e) Interagency and intra-agency memorandums or letters, 5 U.S.C. 
552(b)(5). Interagency and intra-agency memorandums or letters and the 
work papers of members of the Commission or its staff will not be made 
available for public inspection, except in accordance with the 
procedures set forth in Sec. 0.461. Only if it is shown in a request 
under Sec. 0.461 that such a communication would be routinely available 
to a private party through the discovery process in litigation with the 
Commission will the communication be made available for public 
inspection. Normally such papers are privileged and not available to 
private parties through the discovery process, since their disclosure 
would tend to restrain the commitment of ideas to writing, would tend to 
inhibit communication among Government personnel, and would, in some 
cases, involve premature disclosure of their contents.
    (f) Personnel, medical and other files whose disclosure would 
constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. 
552(b)(6). (1) Under Executive Order 10561, 19 FR 5963, September 13, 
1954, 3 CFR, 1954-1958 Comp., page 205, the Commission maintains an 
Official Personnel Folder for each of its employees. Such folders are 
under the jurisdiction and control, and are a part of the records, of 
the U.S. Office of Personnel Management. Except as provided in the rules 
of the Office of Personnel Management (5 CFR 294.701-294.703), such 
folders will not be made available for public inspection by the 
Commission. In addition, other records of the Commission containing 
private, personal or financial information concerning particular 
employees will be withheld from public inspection.
    (2) [Reserved]
    (3) Information submitted to the Commission by applicants for 
commercial radio operator licenses concerning the character and mental 
or physical health of the applicant is available for inspection only 
under procedures set forth in Sec. 0.461. Except in this respect, or 
where other aspects of a similar private nature warrant nondisclosure, 
commercial radio operator application files are available for 
inspection.
    (g) Investigatory records compiled for law enforcement purposes, to 
the extent that production of such records would:
    (1) Interfere with enforcement proceedings;
    (2) Deprive a person of a right to fair trial or an impartial 
adjudication;
    (3) Constitute an unwarranted invasion of personal privacy;
    (4) Disclose the identity of a confidential source;

[[Page 69]]

    (5) Disclose investigative techniques or procedures; or
    (6) Endanger the life or physical safety of law enforcement 
personnel, 5 U.S.C. 552(b)(7).

[32 FR 10573, July 19, 1967, as amended at 32 FR 12180, Aug. 24, 1967; 
39 FR 5918, Feb. 14, 1974; 39 FR 27802, Aug. 1, 1974; 40 FR 7313, Feb. 
19, 1975; 40 FR 17255, Apr. 18, 1975; 40 FR 34116, Aug. 14, 1975; 40 FR 
39507, Aug. 28, 1975; 42 FR 12867, Mar. 7, 1977; 43 FR 51794, Nov. 7, 
1978; 45 FR 39850, June 12, 1980; 51 FR 31304, Sept. 2, 1986; 63 FR 
36596, July 7, 1998; 63 FR 44167, Aug. 18, 1998; 64 FR 22561, Apr. 27, 
1999; 64 FR 34740, June 29, 1999; 66 FR 16879, Mar. 28, 2001; 69 FR 
33580, June 16, 2004]



Sec. 0.458  Nonpublic information.

    Any person regulated by or practicing before the Commission coming 
into possession of written nonpublic information (including written 
material transmitted in electronic form) as described in Sec. 19.735-
203(a) of this chapter under circumstances where it appears that its 
release was inadvertent or otherwise unauthorized shall be obligated to 
return the information to the Commission's Office of Inspector General 
pursuant to that section. See 47 CFR 19.735-203.

[65 FR 66185, Nov. 3, 2000]



Sec. 0.459  Requests that materials or information submitted to the 
Commission be withheld from public inspection.

    (a) Any person submitting information or materials to the Commission 
may submit therewith a request that such information not be made 
routinely available for public inspection. (If the materials are 
specifically listed in Sec. 0.457, such a request is unnecessary.) A 
copy of the request shall be attached to and shall cover all of the 
materials to which it applies and all copies of those materials. If 
feasible, the materials to which the request applies shall be physically 
separated from any materials to which the request does not apply; if 
this is not feasible, the portion of the materials to which the request 
applies shall be identified.
    (b) Each such request shall contain a statement of the reasons for 
withholding the materials from inspection (see Sec. 0.457) and of the 
facts upon which those records are based, including:
    (1) Identification of the specific information for which 
confidential treatment is sought;
    (2) Identification of the Commission proceeding in which the 
information was submitted or a description of the circumstances giving 
rise to the submission;
    (3) Explanation of the degree to which the information is commercial 
or financial, or contains a trade secret or is privileged;
    (4) Explanation of the degree to which the information concerns a 
service that is subject to competition;
    (5) Explanation of how disclosure of the information could result in 
substantial competitive harm;
    (6) Identification of any measures taken by the submitting party to 
prevent unauthorized disclosure;
    (7) Identification of whether the information is available to the 
public and the extent of any previous disclosure of the information to 
third parties;
    (8) Justification of the period during which the submitting party 
asserts that material should not be available for public disclosure; and
    (9) Any other information that the party seeking confidential 
treatment believes may be useful in assessing whether its request for 
confidentiality should be granted.
    (c) Casual requests which do not comply with the requirements of 
paragraphs (a) and (b) of this section will not be considered.
    (d)(1) The Commission may defer acting on requests that materials or 
information submitted to the Commission be withheld from public 
inspection until a request for inspection has been made pursuant to 
Sec. 0.460 or Sec. 0.461. The information will be accorded 
confidential treatment, as provided for in Sec. 0.459(g) and Sec. 
0.461, until the Commission acts on the confidentiality request and all 
subsequent appeal and stay proceedings have been exhausted. If a 
response in opposition to a confidentiality request is filed, the party 
requesting confidentiality may file a reply.
    (2) Requests which comply with the requirements of paragraphs (a) 
and (b) of this section will be acted upon by the appropriate Bureau or 
Office Chief,

[[Page 70]]

who is directed to grant the request if it presents by a preponderance 
of the evidence a case for non-disclosure consistent with the provisions 
of the Freedom of Information Act, 5 U.S.C. 552. If the request is 
granted, the ruling will be placed in the public file in lieu of the 
materials withheld from public inspection. A copy of the ruling shall be 
forwarded to the General Counsel.
    (e) If the materials are submitted voluntarily (i.e., absent any 
direction by the Commission), the person submitting them may request the 
Commission to return the materials without consideration if the request 
for confidentiality should be denied. In that event, the materials will 
ordinarily be returned (e.g., an application will be returned if it 
cannot be considered on a confidential basis). Only in the unusual 
instance where the public interest so requires will the materials be 
made available for public inspection. However, no materials submitted 
with a request for confidentiality will be returned if a request for 
inspection is filed under Sec. 0.461. If submission of the materials is 
required by the Commission and the request for confidentiality is 
denied, the materials will be made available for public inspection.
    (f) If no request for confidentiality is submitted, the Commission 
assumes no obligation to consider the need for non-disclosure but, in 
the unusual instance, may determine on its own motion that the materials 
should be withheld from public inspection. See Sec. 0.457(g).
    (g) If a request for confidentiality is denied, the person who 
submitted the request may, within 5 working days, file an application 
for review by the Commission. If the application for review is denied, 
the person who submitted the request will be afforded 5 working days in 
which to seek a judicial stay of the ruling. If these periods expire 
without action by the person who submitted the request, the materials 
will be returned to the person who submitted them or will be placed in a 
public file. Notice of denial and of the time for seeking review or a 
judicial stay will be given by telephone, with follow-up notice in 
writing. The first day to be counted in computing the time periods 
established in this subsection is the day after the date of oral notice. 
Materials will be accorded confidential treatment, as provided in Sec. 
0.459(g) and Sec. 0.461, until the Commission acts on any timely 
applications for review of an order denying a request for 
confidentiality, and until a court acts on any timely motion for stay of 
such an order denying confidential treatment.
    (h) If the request is granted, the status of the materials is the 
same as that of materials listed in Sec. 0.457. Any person wishing to 
inspect them may submit a request for inspection under Sec. 0.461.
    (i) Third party owners of materials submitted to the Commission by 
another party may participate in the proceeding resolving the 
confidentiality of the materials.

[40 FR 7313, Feb. 19, 1975, as amended at 49 FR 21719, May 23, 1984; 55 
FR 8951, Mar. 9, 1990; 63 FR 44167, Aug. 18, 1998; 64 FR 55163, Oct. 12, 
1999]



Sec. 0.460  Requests for inspection of records which are routinely 
available for public inspection.

    (a) Sections 0.453 and 0.455 list those Commission records which are 
routinely available for public inspection and the places at which those 
records may be inspected. Subject to the limitations set out in this 
section and to the provisions of Sec. 0.466 and paragraph (l) of this 
section, a person who wants to inspect such records need only appear at 
the specified location and ask to see the records. Many such records 
also are available through the Commission's site on the World Wide Web, 
located at http://www.fcc.gov. Commission documents listed in Sec. 
0.416 are published in the FCC Record, and many such documents or 
summaries thereof are also published in the Federal Register.
    (b) A person who does not want a copy of the records must appear at 
the specified location during the office hours of the Commission and 
must inspect the records at that location. (Procedures governing 
requests for copies are set out in Sec. 0.465.) However, arrangements 
may be made in advance, by telephone or by correspondence, to make the 
records available for inspection on a particular date, and there are

[[Page 71]]

many circumstances in which such advance arrangements will save 
inconvenience. If the request is for a large number of documents, for 
example, a delay in collecting them is predictable. Current records may 
be in use by the staff when the request is made. Older records may have 
been forwarded to another location for storage.
    (c) The records in question must be reasonably described by the 
person requesting them so as to permit their location by staff 
personnel. The information needed to locate the records will vary, 
depending on the records requested. Advice concerning the kind of 
information needed to locate particular records will be furnished in 
advance upon request. Members of the public will not be given access to 
the area in which records are kept and will not be permitted to search 
the files.
    (d) If it appears that there will be an appreciable delay in 
locating or producing the records (as where a large number of documents 
is the subject of a single request or where an extended search for a 
document appears to be necessary), the request shall be submitted in 
writing, either in person or by mail.
    (e) Written requests shall be captioned ``REQUEST FOR INSPECTION OF 
RECORDS'', shall be dated, shall list the telephone number (if any) of 
the person making the request and for each document requested, shall set 
out all information known to the person making the request which would 
be helpful in identifying and locating the document. Written requests 
shall, in addition, specify the maximum search fee the person making the 
request is prepared to pay. (see Sec. 0.467)
    (f) Written requests shall be delivered or mailed directly to the 
chief of the organizational unit having custody of the records, as 
listed in Sec. Sec. 0.453 and 0.455. If the request is enclosed in an 
envelope, the envelope shall be marked, ``REQUEST FOR INSPECTION OF 
RECORDS.''
    (g) When a written request is received by the custodian of the 
records, it will be date-stamped.
    (h) All requests limited to records listed in Sec. Sec. 0.453 and 
0.455 will be granted, subject to paragraph (k) of this section. 
Requests for records listed in those sections shall not be combined with 
requests for other records.
    (i) The records will be produced for inspection at the earliest 
possible time.
    (j) Records shall be inspected within 7 days after notice is given 
that they have been located and are available for inspection. After that 
period, they will be returned to storage and additional charges may be 
imposed for again producing them.
    (k) In addition to the other requirements of this section, the 
following provisions apply to the reports filed with the Commission 
pursuant to subpart E of part 19 of this chapter. (1) Such reports shall 
not be obtained or used:
    (i) For any unlawful purpose; (ii) for any commercial purpose, other 
than by news and communications media for dissemination to the general 
public; (iii) for determining or establishing the credit rating of any 
individual; or (iv) for use, directly or indirectly, in the solicitation 
of money for any political, charitable, or other purpose.
    (2) Such reports may not be made available to any person nor may any 
copy thereof be provided to any person except upon a written application 
by such person stating: (i) That person's name, occupation and address; 
(ii) the name and address of any other person or organization on whose 
behalf the inspection or copying is requested; and (iii) that such 
person is aware of the prohibitions on the obtaining or use of the 
report. Further, any such application for inspection shall be made 
available to the public throughout the period during which the report 
itself is made available to the public.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 397; 18 U.S.C. 207(j))

[40 FR 7314, Feb. 19, 1975, as amended at 45 FR 85027, Dec. 24, 1980; 48 
FR 44800, Sept. 30, 1983; 53 FR 39093, Oct. 5, 1988; 62 FR 51797, Oct. 
3, 1997]



Sec. 0.461  Requests for inspection of materials not routinely available 
for public inspection.

    Any person desiring to inspect Commission records which are not 
listed in Sec. 0.453 or Sec. 0.455 shall file a request for

[[Page 72]]

inspection meeting the requirements of this section.
    (a)(1) The records in question must be reasonably described by the 
person requesting them, so as to permit their location by staff 
personnel. See Sec. 0.460(c).
    (2) The person requesting records under this section may specify the 
form or format of the records to be produced.
    (b)(1) Requests shall be captioned ``Freedom of Information Act 
Request,'' shall be dated, shall list the telephone number (if any) of 
the person making the request and, for each document requested, shall 
set out all information known to the person making the request which 
would be helpful in identifying and locating the document.
    (2) The request shall, in addition, specify the maximum search fee 
the person making the request is prepared to pay (see Sec. 0.467).
    (c) If the records are of the kinds listed in Sec. 0.457 or if they 
have been withheld from inspection under Sec. 0.459, the request shall, 
in addition, contain a statement of the reasons for inspection and the 
facts in support thereof. In the case of other materials, no such 
statement need accompany the request; but the custodian of the records 
may require the submission of such a statement if he determines that the 
materials in question may lawfully be withheld from inspection.
    (d)(1) Requests shall be delivered or mailed to the Managing 
Director, sent by electronic mail to , or sent 
by facsimile. (For purposes of this section, the custodian of the 
records is the Chief of the appropriate Bureau or Office.)
    (2) If the request is enclosed in an envelope, the envelope shall be 
marked, ``Freedom of Information Act Request.''
    (3) An original and two copies of the request shall be submitted. If 
the request is for materials not open to routine public inspection under 
Sec. 0.457(d) or Sec. 0.459, or if a request for confidentiality is 
pending pursuant to Sec. 0.459, one copy of the request will be mailed 
by the custodian of the records to the person who originally submitted 
the materials to the Commission.
    (e) When the request is received by the Managing Director, it will 
be assigned to the Freedom of Information Act (FOIA) Control Office, 
where it will be date-stamped and assigned to the custodian of the 
records.
    (f) Requests for inspection of records will be acted on as follows 
by the custodian of the records.
    (1) If the Commission is prohibited from disclosing the records in 
question, the request for inspection will be denied with a statement 
setting forth the specific grounds for denial.
    (2) If the records are the property of another agency, the request 
will be referred to that agency and the person who submitted the request 
will be so advised, with the reasons therefor.
    (3) If it is determined that the Commission does not have authority 
to withhold the records from public inspection, the request will be 
granted.
    (4) If it is determined that the Commission does have authority to 
withhold the records from public inspection, the considerations favoring 
disclosure and non-disclosure will be weighed in light of the facts 
presented, and the request will be granted, either conditionally or 
unconditionally, or denied.
    (5) If there is a statutory basis for withholding part of a document 
only from inspection, that part will be deleted and the remainder will 
be made available for inspection.
    (6) In locating and recovering records responsive to a FOIA request, 
only those records within the Commission's possession and control as of 
the date of its receipt of the request shall be considered.
    (g) The custodian of the records will make every effort to act on 
the request within 20 working days after it is received by the FOIA 
Control Office. If it is not possible to locate the records and to 
determine whether they should be made available for inspection within 20 
working days, the custodian may, in any of the following circumstances, 
extend the time for action by up to 10 working days:
    (1) It is necessary to search for and collect the requested records 
from field facilities or other establishments that are separate from the 
office processing the request.

[[Page 73]]

    (2) It is necessary to search for, collect and appropriately examine 
a voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) It is necessary to consult with another agency having a 
substantial interest in the determination of the request, or among two 
or more components of the Commission having substantial subject matter 
interest therein.


The custodian of the records will notify the requester in writing of any 
extension of time exercised pursuant to paragraph (g) of this section. 
If it is not possible to locate the records and make the determination 
within the extended period, the person or persons who made the request 
will be provided an opportunity to limit the scope of the request so 
that it may be processed within the extended time limit, or an 
opportunity to arrange an alternative time frame for processing the 
request or a modified request, and asked to consent to an extension or 
further extension. If the requester agrees to an extension, the 
custodian of the records will confirm the agreement in a letter 
specifying the length of the agreed-upon extension. If he or she does 
not agree to an extension, the request will be denied, on the grounds 
that the custodian has not been able to locate the records and/or to 
make the determination within the period for a ruling mandated by the 
Freedom of Information Act, 5 U.S.C. 552. In that event, the custodian 
will continue to search for and/or assess the records and will advise 
the person who made the request of further developments; but that person 
may file an application for review by the Commission. When action is 
taken by the custodian of the records, written notice of the action will 
be given.
    (h)(1) Requesters who seek expedited processing of FOIA requests 
shall submit such requests, along with their FOIA requests, to the 
Managing Director, as described in Sec. 0.461(d). If the request is 
enclosed in an envelope, the envelope shall be marked ``Request for 
Expedited Proceeding--FOIA Request.'' An original and two copies of the 
request for expedition shall be submitted, but only one copy is 
necessary if submitted by electronic mail. When the request is received 
by the Managing Director, it, and the accompanying FOIA request, will be 
assigned to the FOIA Control Office, where it will be date-stamped and 
assigned to the custodian of records.
    (2) Expedited processing shall be granted to a requester 
demonstrating a compelling need that is certified by the requester to be 
true and correct to the best of his or her knowledge and belief.
    (3) For purposes of this section, compelling need means--
    (i) That failure to obtain requested records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (ii) With respect to a request made by a person primarily engaged in 
disseminating information, there is an urgency to inform the public 
concerning actual or alleged Federal Government activity.
    (4)(i) Notice of the determination as to whether to grant expedited 
processing shall be provided to the requester by the custodian of 
records within 10 calendar days after receipt of the request by the FOIA 
Control Office. Once the determination has been made to grant expedited 
processing, the custodian shall process the FOIA request as soon as 
practicable.
    (ii) If a request for expedited processing is denied, the person 
seeking expedited processing may file an application for review within 
five working days after the date of the written denial. The application 
for review and the envelope containing it (if any) shall be captioned 
``Review of FOIA Expedited Proceeding Request.'' The application for 
review shall be delivered or mailed to the General Counsel. (For general 
procedures relating to applications for review, see Sec. 1.115 of this 
chapter.) The Commission shall act expeditiously on the application for 
review, and shall notify the custodian of records of the disposition of 
such an application for review.
    (i)(1) If a request for inspection of records submitted to the 
Commission in confidence under Sec. 0.457(d) or Sec. 0.459 is granted, 
an application for review of the action may be filed by the person

[[Page 74]]

who submitted the records to the Commission or by a third party owner of 
the records. The application for review and the envelope containing it 
(if any) shall be captioned ``Review of Freedom of Information Action.'' 
The application for review shall be filed within 10 working days after 
the date of the written ruling, shall be delivered or mailed to the 
General Counsel, and shall be served on the person who filed the request 
for inspection of records. The first day to be counted in computing the 
time period for filing the application for review is the day after the 
date of the written ruling. If an application for review is not filed 
within this period, the records will be produced for inspection. The 
person who filed the request for inspection of records may respond to 
the application for review within 10 working days after it is filed.
    (2) If the request for inspection of records submitted to the 
Commission in confidence under Sec. 0.457(d) or Sec. 0.459 is 
partially granted and partially denied, the person who submitted the 
records to the Commission, a third party owner of the records and the 
person who filed the request for inspection of those records may file an 
application for review within the 10 working days after the date of the 
written ruling. The application for review and the envelope containing 
it (if any) shall be captioned ``REVIEW OF FREEDOM OF INFORMATION 
ACTION.'' The application for review shall be delivered or mailed to the 
General Counsel. If either person files an application for review, it 
shall be served upon the other person.
    (3) If an application for review is denied, the person filing the 
application for review will be notified in writing and advised of their 
rights.
    (4) If an application for review filed by the person who submitted 
the records to the Commission or who owns the records is denied, or if 
the records are made available on review which were not initially made 
available, the person who submitted the records to the Commission or who 
owns the records will be afforded 10 working days from the date of the 
written ruling in which to move for a judicial stay of the Commission's 
action. The first day to be counted in computing the time period for 
seeking a judicial stay is the day after the date of the written ruling. 
If a motion for stay is not made within this period, the record will be 
produced for inspection.
    (j) Except as provided in paragraph (i) of this section, an 
application for review of an initial action on a request for inspection 
may be filed only by the person who made the request. The application 
shall be filed within 30 days after the date of the written ruling by 
the custodian of records, and shall be captioned, ``Review of Freedom of 
Information Action.'' The envelope (if any) shall also be so captioned. 
The application shall be delivered or mailed to the General Counsel and 
shall be served on the person (if any) who originally submitted the 
materials to the Commission. That person may file a response within 10 
working days after the application for review is filed. If the records 
are made available on review, the person who submitted them to the 
Commission (if any) will be afforded 10 working days after the date of 
the written ruling to seek a judicial stay. See paragraph (i) of this 
section. The first day to be counted in computing the time period for 
filing the application for review or seeking a judicial stay is the day 
after the date of the written ruling. (For general procedures relating 
to applications for review, see Sec. 1.115 of this chapter.)
    (k) The Commission will make every effort to act on an application 
for review of an action on a request for inspection of records within 20 
working days after it is filed. See, however, paragraph (i) of this 
section. If it is not possible to locate the records and to determine 
whether they should be made available for inspection within 20 working 
days, the General Counsel may, in the following circumstances and to the 
extent time has not been extended under paragraphs (g) (1)(i), (ii), or 
(iii) of this section, extend the time for action up to 10 working days. 
(The total period of extensions taken under this paragraph and under 
paragraph (g) of this section without the consent of the person who 
submitted the request shall not exceed 10 working days.):
    (1) It is necessary to search for and collect the requested records 
from field

[[Page 75]]

facilities or other establishments that are separate from the office 
processing the request;
    (2) It is necessary to search for, collect and appropriately examine 
a voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) It is necessary to consult with another agency having a 
substantial interest in the determination of the request or among two or 
more components of the Commission having substantial subject matter 
interest therein.

If these circumstances are not present or if it is not possible to 
locate the records and make the determination within the extended 
period, the person who made the request will be advised of his/her 
rights and asked to consent to an extension or further extension. If the 
requester or person who made the request agrees to an extension, the 
General Counsel will confirm the agreement in a letter specifying the 
length of the agreed-upon extension. If the requestor or person who made 
the request does not agree to an extension, the Commission will continue 
to search for and/or assess the record and will advise the person who 
made the request of further developments; but that person may file a 
complaint in an appropriate United States district court.
    (l) Subject to the application for review and judicial stay 
provisions of paragraphs (h) and (i) of this section, if the request is 
granted, the records will be produced for inspection at the earliest 
possible time.
    (m) Staff orders and letters denying requests for inspection are 
signed by the official (or officials) who give final approval of their 
contents. If a request is denied by the Commission, notice of denial 
will set forth the names of the Commissioners participating in the 
decision.
    (n) Records shall be inspected within 7 days after notice is given 
that they have been located and are available for inspection. After that 
period, they will be returned to storage, and additional charges may be 
imposed for again producing them.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 397; 47 FR 0.231(d))

[40 FR 39507, Aug. 28, 1975, as amended at 40 FR 59439, Dec. 24, 1975; 
45 FR 85028, Dec. 24, 1980; 49 FR 13367, Apr. 4, 1984; 49 FR 38122, 
Sept. 27, 1984; 53 FR 39093, Oct. 5, 1988; 55 FR 8951, Mar. 9, 1990; 55 
FR 9445, Mar. 14, 1990; 62 FR 51797, Oct. 3, 1997; 63 FR 25778, 25779, 
May 11, 1998; 63 FR 44168, Aug. 18, 1998; 64 FR 55163, Oct. 12, 1999]



Sec. 0.463  Demand by competent authority for the production of documents 
or testimony concerning information contained therein.

    (a) In the event that a demand (subpoena, order or other demand) is 
made by a court or other competent authority outside the Commission for 
the production of records or files or for testimony concerning 
information contained therein, the Managing Director shall promptly be 
advised of such demand, the nature of the papers or information sought, 
and all other relevant facts and circumstances. The Commissioin will 
thereupon issue such instructions as it may deem advisable.
    (b) Unless specifically authorized to produce such records or files 
or to testify with respect thereto, any officer or employee of the 
Commission who is served with a demand for the production of records or 
files or testimony concerning the same, shall appear in response to the 
demand and respectfully decline to produce such records or files or to 
testify concerning them, basing the refusal upon this rule.

(Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C. 
154(i) and 303(n); 47 CFR 0.231(d))

[49 FR 13367, Apr. 4, 1984]



Sec. 0.465  Request for copies of materials which are available, or made 
available, for public inspection.

    (a) The Commission awards a contract to a commercial duplication 
firm to make copies of Commission records and offer them for sale to the 
public. In addition to the charge for copying, the contractor may charge 
a search fee for extracting the requested documents from the 
Commission's files.

    Note to paragraph (a):

[[Page 76]]

    The name, address, telephone number, and schedule of fees for the 
current duplication contractor are published at the time of contract 
award of renewal in a Public Notice and periodically thereafter. 
Questions regarding this information should be directed to the Reference 
Information Center of the Consumer and Governmental Affairs Bureau.

    (b) The Commission awards a contract to a commercial firm to 
transcribe Commission proceedings in which a verbatim record is kept and 
to offer copies of the transcript for sale to the public. Except as 
authorized by the Commission, the firm is required to retain the 
capacity to furnish copies of the transcript for a period of 5 years, 
and may retain that capacity for a longer period, even though another 
firm is currently transcribing Commission proceedings. Requests for 
copies of the transcript of the current proceedings should be directed 
to the current contractor. Requests for transcripts of older proceedings 
will be forwarded by the Commission to the firm which made the 
transcript in question; and the names of contracting firms for past 
years will be furnished upon request.

    Note to paragraph (b):
    The name, address, telephone number, and schedule of fees for the 
current transcription contractor are maintained by the Office of the 
Secretary in the Managing Director's Office.

    (c)(1) Contractual arrangements which have been entered into with 
commercial firms, as described in this section, do not in any way limit 
the right of the public to inspect Commission records or to extract 
therefrom whatever information may be desired. Coin-operated and debit 
card copy machines are available for use by the public.
    (2) The Commission has reserved the right to make copies of its 
records for its own use or for the use of other agencies of the U.S. 
Government. When it serves the regulatory or financial interests of the 
U.S. Government, the Commission will make and furnish copies of its 
records free of charge. In other circumstances, however, if it should be 
necessary for the Commission to make and furnish copies of its records 
for the use of others, the fee for this service shall be 17 cents per 
page. For copies prepared with other media, such as computer tapes, 
microfiche or videotape, the charge will be the actual direct cost 
including operator time. Requests for copying should be accompanied by a 
statement specifying the maximum copying fee the person making the 
request is prepared to pay. If the Commission estimates that copying 
charges are likely to exceed $25 or the amount which the requester has 
indicated that he/she is prepared to pay, then it shall notify the 
requester of the estimated amount of fees. Such a notice shall offer the 
requester the opportunity to confer with Commission personnel with the 
object of revising or clarifying the request.

    Note: The criterion considered in acting on a waiver request is 
whether ``waiver or reduction of the fee is in the public interest 
because furnishing the information can be considered as primarily 
benefiting the general public.'' 5 U.S.C. 552(a)(4)(A). The following 
factors are relevant in applying that criterion: the number of persons 
to be benefited, the significance of the benefit, the private interest 
of the requester which the release may further, the usefulness of the 
materials to be released to the general public and the likelihood that a 
tangible public benefit will be realized. (See Attorney General's 1974 
FOI Amdts. Memorandum, at 15.)

    (3) Requests for copies by representatives of foreign governments or 
persons residing in foreign countries shall be submitted to the General 
Counsel and will be reviewed by the General Counsel under criteria 
established by the Department of Commerce for controlling the export of 
technical data.
    (4) Certified Documents. Copies of documents which are available or 
made available, for inspection under Sec. Sec. 0.451 through 0.465, 
will be prepared and certified, under seal, by the Secretary, or for 
documents located in the Commission's Gettysburg, Pennsylvania Office by 
his deputy. Requests shall be in writing, specifying the exact 
documents, the number of copies desired, and the date on which they will 
be required. The request shall allow a reasonable time for the 
preparation and certification of copies. The fee for preparing copies 
shall be the same as that charged by the Commission as described in 
Sec. 0.465(c)(2). The fee for certification shall be $10 for each 
document.

[[Page 77]]

    (d)(1) Computer maintained data bases produced by the Commission may 
be obtained from the FCC's internet web site at www.fcc.gov.

    Note: The Commission awards a contract to provide the public with 
direct electronic access to a portion of the non-Government Master 
Frequency File data base released for access and residing on the 
contractor's computer system. The name, address, telephone number, and 
schedule of fees for the current contractor are published annually at 
the time of contract award or renewal in a Public notice. This 
information may be obtained from the Office of Congressional and Public 
Affairs, Consumer Assistance and Small Business Division, Telephone 
(202) 632-7000.

    (2) Copies of computer generated data stored as paper printouts or 
on microfiche may also be obtained from the Commission's duplicating 
contractor (see paragraph (a) of this section).
    (d)(3) Copies of computer source programs and associated 
documentation produced by the Commission shall be obtained from the 
Office of the Managing Director.
    (e) This section has no application to printed publications, which 
may be purchased from the Superintendent of Documents or private firms 
(see Sec. Sec. 0.411 through 0.420). Nor does it apply to application 
forms or information bulletins, which are prepared for the use and 
information of the public and are available upon request (see Sec. Sec. 
0.421 and 0.423).
    (f) Anyone requesting copies of documents pursuant to this section 
may select either the Commission or the contractor to fulfill the 
request. If a request goes directly to the contractor, the requester 
will be charged by the contractor pursuant to the price list set forth 
in the latest contract. If a request goes directly to the Commission, it 
shall be sent to the Office of the Managing Director for appropriate 
processing according to the fee standards established under the FOIA.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 397; 47 CFR 0.231(d))

[32 FR 10573, July 19, 1967, as amended at 41 FR 51610, Nov. 23, 1976; 
45 FR 85028, Dec. 24, 1980; 49 FR 13368, Apr. 4, 1984; 51 FR 34982, Oct. 
1, 1986; 52 FR 36774, Oct. 1, 1987; 53 FR 39093, Oct. 5, 1988; 64 FR 
60725, Nov. 8, 1999; 67 FR 13222, Mar. 21, 2002]



Sec. 0.466  Definitions.

    (a) For the purpose of Sec. Sec. 0.467 and 0.468, the following 
definitions shall apply:
    (1) The term direct costs means those expenditures which the 
Commission actually incurs in searching for and duplicating (and in case 
of commercial requesters, reviewing) documents to respond to a FOIA 
request. Direct costs include the salary of the employee performing the 
work (the basic rate of pay for the employee plus 16 percent of that 
rate to cover benefits), and the cost of operating duplicating 
machinery. Not included in direct costs are overhead expenses, such as 
costs of space, and heating or lighting the facility in which the 
records are stored.
    (2) The term search includes all time spent looking for material 
that is responsive to a request, including page-by-page or line-by-line 
identification of material contained within documents. Such activity 
should be distinguished, however, from ``review'' of material in order 
to determine whether the material is exempt from disclosure (see 
paragraph (a)(3) of this section).
    (3) The term review refers to the process of examining documents 
located in response to a commercial use request (see paragraph (a)(4) of 
this section) to determine whether any portion of a document located is 
exempt from disclosure. It also includes processing any documents for 
disclosure, e.g., performing such functions that are necessary to excise 
them or otherwise prepare them for release. Review does not include time 
spent resolving general legal or policy issues regarding the application 
of FOIA exemptions.
    (4) The term commercial use request refers to a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial interests of the requester. In determining whether a 
requester properly falls within this category, the Commission shall 
determine the use to which a requester will put the documents requested. 
Where the Commission has reasonable cause to question the use to which a 
requester will put the documents sought, or where that use is not

[[Page 78]]

clear from the request itself, the Commission shall seek additional 
clarification before assigning the request to a specific category.
    (5) The term educational institution refers to a preschool, a public 
or private elementary or secondary school, an institution or graduate 
higher education, an institution of professional education and an 
institution of vocational education, which operates a program or 
programs of scholarly research.
    (6) The term non-commercial scientific institution refers to an 
institution that is not operated on a commercial basis as that term is 
referenced in paragraph (a)(4) of this section, and which is operated 
solely for the purpose of conducting scientific research the results of 
which are not intended to promote any particular product or industry.
    (7) The term representative of the news media refers to any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. The term news means information 
that is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals (but only in those instances where they can qualify as 
disseminators of ``news'') who make their products available for 
purchase or subscription by the general public. These examples are not 
intended to be all inclusive. Moreover, as traditional methods of news 
delivery evolve (e.g., electronic dissemination of newspapers through 
telecommunications services), such alternative media would be included 
in this category. In the case of ``freelance'' journalists, they may be 
regarded as working for a news organization if they can demonstrate a 
solid basis for expecting publication through that organization, even 
though not actually employed by it.

[53 FR 39093, Oct. 5, 1988]



Sec. 0.467  Search and review fees.

    (a)(1) Subject to the provisions of this section, an hourly fee 
shall be charged for recovery of the full, allowable direct costs of 
searching for and reviewing records requested under Sec. 0.460(e) or 
Sec. 0.461, unless such fees are precluded or waived pursuant to Sec. 
0.470. The fee is based on the grade level of the employee(s) who 
conduct(s) the search or review, as specified in the following schedule:

------------------------------------------------------------------------
                           Grade                              Hourly fee
------------------------------------------------------------------------
GS-1.......................................................        11.66
GS-2.......................................................        12.71
GS-3.......................................................        14.32
GS-4.......................................................        16.07
GS-5.......................................................        17.99
GS-6.......................................................        20.05
GS-7.......................................................        22.27
GS-8.......................................................        24.67
GS-9.......................................................        27.25
GS-10......................................................        30.01
GS-11......................................................        32.96
GS-12......................................................        39.52
GS-13......................................................        46.99
GS-14......................................................        55.52
GS-15......................................................        65.32
------------------------------------------------------------------------

    Note: These fees will be modified periodically to correspond with 
modifications in the rate of pay approved by Congress.
    (2) The fees in paragraph (a)(1) of this section were computed at 
Step 5 of each grade level based on the General Schedule effective 
January 2004 and include 20 percent for personnel benefits.
    (b) Search fees may be assessed for time spent searching, even if 
the Commission fails to locate the records or if the records are 
determined to be exempt from disclosure.
    (c) The Commission shall charge only for the initial review, i.e., 
the review undertaken initially when the Commission analyzes the 
applicability of a specific exemption to a particular record. The 
Commission shall not charge for review at the appeal level of an 
exemption already applied. However, records or portions of records 
withheld in full under an exemption that is subsequently determined not 
to apply may be reviewed again to determine the applicability of other 
exemptions not previously considered. The costs of such a subsequent 
review, under these circumstances, are properly assessable.
    (d) The fee charged will not exceed an amount based on the time 
typically required to locate records of the kind requested.
    (e) If the Commission estimates that search charges are likely to 
exceed $25 or the amount which the requester indicated he/she is 
prepared to pay, then it shall notify the requester of the estimated 
amount of fees. Such a notice

[[Page 79]]

shall offer the requester the opportunity to confer with Commission 
personnel with the object of revising or clarifying the request.
    (f) When the search has been completed, the custodian of the records 
will give notice of the charges incurred to the person who made the 
request.
    (g) The fee shall be paid to the Financial Management Division, 
Office of Managing Director, or as otherwise directed by the Commission.
    (h) Records shall be inspected within 7 days after notice is given 
that they have been located and are available for inspection. After that 
period, they will be returned to storage, and additional charges may be 
imposed for again producing them.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 397; 47 CFR 0.231(d))

[40 FR 7316, Feb. 19, 1975, as amended at 45 FR 85028, Dec. 24, 1980; 49 
FR 13368, Apr. 4, 1984. Redesignated and amended at 53 FR 39093, Oct. 5, 
1988; 59 FR 21946, Apr. 27, 1994; 64 FR 31139, June 10, 1999; 65 FR 
51234, Aug. 23, 2000; 66 FR 42453, Aug. 13, 2001; 67 FR 58543, Sept. 17, 
2002; 68 FR 4105, Jan. 28, 2003; 69 FR 13746, Mar. 24, 2004]



Sec. 0.468  Interest.

    Interest shall be charged those requesters who fail to pay the fees 
charged. The agency will begin assessing interest charges on the amount 
billed starting on the 31st day following the day on which the billing 
was sent. The date on which the payment is received by the agency will 
determine whether and how much interest is due. The interest shall be 
set at the rate prescribed in 31 U.S.C. 3717.

[53 FR 39094, Oct. 5, 1988]



Sec. 0.469  Advance payments.

    (a)(1) The Commission may not require advance payment of estimated 
FOIA fees except as provided in subsection (a)(2) or where the 
Commission estimates or determines that allowable charges that a 
requester may be required to pay are likely to exceed $250.00 and the 
requester has no history of payment. Where allowable charges are likely 
to exceed $250.00 and the requester has a history of prompt payment of 
FOIA fees the Commission may notify the requester of the estimated cost 
and obtain satisfactory assurance of full payment.
    (2) Where a requester has previously failed to pay a fee charged in 
a timely fashion (i.e., within 30 days of the date of the billing), the 
Commission may require the requester to pay the full amount owed plus 
any applicable interest as provided in Sec. 0.468, and to make an 
advance payment of the full amount of the estimated fee before the 
Commission begins to process a new request or a pending request from 
that requester.
    (3) When the Commission acts under paragraph (a) (1) or (2) of this 
section, the administrative time limits prescribed in subsection (a)(6) 
of the FOIA (i.e., 10 working days from receipt of initial requests and 
20 working days from receipt of appeals from initial denials, plus 
permissible extensions of these time limits) will begin only after the 
agency has received the fee payments described above.
    (b) [Reserved]

[53 FR 39094, Oct. 5, 1988]



Sec. 0.470  Assessment of fees.

    (a)(1) Commercial use requesters. When the Commission receives a 
request for documents for commercial use, it will assess charges that 
recover the full direct cost of searching for, reviewing and duplicating 
the records sought pursuant to Sec. Sec. 0.466 and 0.467, above.
    (2) Educational and non-commercial scientific institution requesters 
and requesters who are representatives of the news media. The Commission 
shall provide documents to requesters in these categories for the cost 
of reproduction only, pursuant to Sec. 0.465 above, excluding 
reproduction charges for the first 100 pages, provided however, that 
requesters who are representatives of the news media shall be entitled 
to a reduced assessment of charges only when the request is for the 
purpose of disseminating information.
    (3) All other requesters. The Commission shall charge requesters who 
do not fit into any of the categories above fees which cover the full, 
reasonable direct cost of searching for and reproducing records that are 
responsive to the request, pursuant to Sec. Sec. 0.467 and 0.465 above, 
except that the first 100 pages of

[[Page 80]]

reproduction and the first two hours of search time shall be furnished 
without charge.
    (b)(1) The 100 page restriction on assessment of reproduction fees 
in paragraphs (a)(2) and (a)(3) of this section refers to 100 paper 
copies of a standard size, which will normally be ``8\1/2\ x 11'' or 
``11 x 14,'' or microfiche containing the equivalent of 100 pages or 100 
pages of computer printout. Requesters will not be entitled to 100 
microfiche.
    (2) When the agency reasonably believes that a requester or group of 
requesters is attempting to segregate a request into a series of 
separate individual requests for the purpose of evading the assessment 
of fees, the agency will aggregate any such requests and assess charges 
accordingly.
    (c) When a requester believes he is entitled to a restricted fee 
assessment pursuant to paragraphs (a)(2) and (a)(3), of this section , 
or a waiver pursuant to paragraph (e) of this section, the requester 
must include, in his original FOIA request, a statement explaining with 
specificity, the reasons demonstrating that he/she qualifies for a 
restricted fee or a fee waiver. Included in this statement should be a 
certification that the information will not be used to further the 
commercial interests of the requester.

    Note: Anyone requesting a restricted fee must submit the request 
directly to the Commission and not to the contractor who will provide 
documents only at the contract price.

    (d) If the Commission reasonably believes that a commercial interest 
exists, based on the information provided pursuant to paragraph (c) of 
this section, the requester shall be so notified and given an additional 
5 working days to provide further information to justify receiving a 
restricted fee. During this time period, the materials will be available 
for inspection to the extent that the time period exceeds the 10 or 20 
day time period for responding to FOIA requests, as appropriate.
    (e) Copying, search and review charges shall be waived or reduced by 
the General Counsel, when ``disclosure of the information is in the 
public interest because it is likely to contribute significantly to 
public understanding of the operations or activities of the government 
and is not primarily in the commercial interest of the requester.'' 5 
U.S.C. 552(a)(4)(A)(iii).
    (f) The Commission shall not assess any fees if the routine cost of 
collecting the fee would be equal to or greater than the fee itself.

[53 FR 39094, Oct. 5, 1988]

 Places for Making Submittals or Requests, for Filing Applications, and 
                         for Taking Examinations



Sec. 0.471  Miscellaneous submittals or requests.

    Persons desiring to make submittals or requests of a general nature 
should communicate with the Secretary of the Commission.

[36 FR 15121, Aug. 13, 1971]



Sec. 0.473  Reports of violations.

    Reports of violations of the Communications Act or of the 
Commission's rules and regulations may be submitted to the Commission in 
Washington or to any field office.

[32 FR 10578, July 19, 1967]



Sec. 0.475  Applications for employment.

    Persons who wish to apply for employment should communicate with the 
Associate Managing Director-Personnel Management.

(Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C. 
154(i) and 303(n); 47 CFR 0.231(d))

[49 FR 13368, Apr. 4, 1984]



Sec. 0.481  Place of filing applications for radio authorizations.

    For locations for filing applications, and appropriate fees, see 
Sec. Sec. 1.1102 through 1.1107 of this chapter.

[69 FR 41130, July 7, 2004]



Sec. 0.482  Application for waiver of wireless radio service rules.

    All requests for waiver of the rules (see Sec. 1.925) governing the 
Wireless Radio Services (see Sec. 1.907) that require a fee (see Sec. 
1.1102) shall be submitted via the Universal Licensing System or to the 
Mellon Bank, Pittsburgh, Pennsylvania at the address set forth in Sec. 
1.1102. Waiver requests that do not require a fee should be submitted 
via the

[[Page 81]]

Universal Licensing System or to: Federal Communications Commission, 
1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Waiver 
requests attached to applications must be submitted in accordance with 
Sec. 0.401(b) or Sec. 0.401(c) of the rules.

[63 FR 68919, Dec. 14, 1998]



Sec. 0.483  Applications for amateur or commercial radio operator licenses.

    (a) Application filing procedures for amateur radio operator 
licenses are set forth in part 97 of this chapter.
    (b) Application filing procedures for commercial radio operator 
licenses are set forth in part 13 of this chapter. Detailed information 
about application forms, filing procedures, and places to file 
applications for commercial radio operator licenses is contained in the 
bulletin ``Commercial Radio Operator Licenses and Permits.'' This 
bulletin is available from any Commission field office or the FCC, 
Washington, DC 20554.

[47 FR 53378, Nov. 26, 1982]



Sec. 0.484  Amateur radio operator examinations.

    Generally, examinations for amateur radio operation licenses shall 
be administered at locations and times specified by volunteer examiners. 
(See Sec. 97.509). When the FCC conducts examinations for amateur radio 
operator licenses, they shall take place at locations and times 
designated by the FCC.

[58 FR 13021, Mar. 9, 1993]



Sec. 0.485  Commercial radio operator examinations.

    Generally, written and telegraphy examinations for commercial radio 
operator licenses shall be conducted at locations and times specified by 
commercial operator license examination managers. (See Sec. 13.209 of 
this chapter). When the FCC conducts these examinations, they shall take 
place at locations and times specified by the FCC.

[58 FR 9124, Feb. 19, 1993]



Sec. 0.489  Applications for ship radio inspection and periodical survey.

    Applications for ship radio inspection or for periodical survey 
shall be forwarded to the radio district office nearest the desired port 
of inspection or place of survey.

[28 FR 12413, Nov. 22, 1963. Redesignated at 32 FR 10578, July 19, 1967]



Sec. 0.491  Application for exemption from compulsory ship radio requirements.

    Applications for exemption filed under the provisions of Sec. Sec. 
352(b) or 383 of the Communications Act; Regulation 4, chapter I of the 
Safety Convention; Regulation 5, chapter IV of the Safety Convention; or 
Article IX of the Great Lakes Agreement, must be filed as a waiver 
request using the procedures specified in Sec. 0.482 of this part. 
Emergency requests must be filed via the Universal Licensing System or 
at the Federal Communications Commission, Office of the Secretary, 445 
12th Street, SW, Room TW-B204, Washington, DC 20554.

[63 FR 68919, Dec. 14, 1998]



Sec. 0.493  Non-radio common carrier applications.

    All such applications shall be filed at the Commission's offices in 
Washington, DC.

[28 FR 12413, Nov. 22, 1963. Redesignated at 32 FR 10578, July 19, 1967]



  Subpart D_Mandatory Declassification of National Security Information

    Authority: Secs. 4(i), 303(r), Communications Act of 1934, as 
amended (47 U.S.C. 154(i) and 303(r)).

    Source: 47 FR 53377, Nov. 26, 1982, unless otherwise noted.



Sec. 0.501  General.

    Executive Order 12356 requires that information relating to national 
security be protected against unauthorized disclosure as long as 
required by national security considerations. The Order also provides 
that all information classified under Executive Order 12356 or 
predecessor orders be subject to a review for declassification upon 
receipt of a request made by a United States citizen or permanent 
resident

[[Page 82]]

alien, a Federal agency, or a state or local government.



Sec. 0.502  Purpose.

    This subpart prescribes the procedures to be followed in submitting 
requests, processing such requests, appeals taken from denials of 
declassification requests and fees and charges.



Sec. 0.503  Submission of requests for mandatory declassification review.

    (a) Requests for mandatory review of national security information 
shall be in writing, addressed to the Managing Director, and reasonably 
describe the information sought with sufficient particularity to enable 
Commission personnel to identify the documents containing that 
information and be reasonable in scope.
    (b) When the request is for information originally classified by the 
Commission, the Managing Director shall assign the request to the 
appropriate bureau or office for action.
    (c) Requests related to information, either derivatively classified 
by the Commission or originally classified by another agency, shall be 
forwarded, together with a copy of the record, to the originating 
agency. The transmittal may contain a recommendation for action.



Sec. 0.504  Processing requests for declassification.

    (a) Responses to mandatory declassification review requests shall be 
governed by the amount of search and review time required to process the 
request. A final determination shall be made within one year from the 
date of receipt of the request, except in unusual circumstances.
    (b) Upon a determination by the bureau or office that the requested 
material originally classified by the Commission no longer warrants 
protection, it shall be declassified and made available to the 
requester, unless withholding is otherwise authorized under law.
    (c) If the information may not be declassified or released in whole 
or in part, the requester shall be notified as to the reasons for the 
denial, given notice of the right to appeal the denial to the 
Classification Review Committee, and given notice that such an appeal 
must be filed within 60 days of the date of denial in order to be 
considered.
    (d) The Commission's Classification Review Committee, consisting of 
the Managing Director (Chairman), the General Counsel or his designee, 
and the Chief, Internal Review and Security Division, shall have 
authority to act, within 30 days, upon all appeals regarding denials of 
requests for mandatory declassification of Commission-originated 
classifications. The Committee shall be authorized to overrule previous 
determinations in whole or in part when, in its judgment, continued 
classification is no longer required. If the Committee determines that 
continued classification is required under the criteria of the Order, 
the requester shall be promptly notified and advised that an application 
for review may be filed with the Commission pursuant to 47 CFR 1.115.



Sec. 0.505  Fees and charges.

    (a) The Commission has designated a contractor to make copies of 
Commission records and offer them for sale (See Sec. 0.465).
    (b) An hourly fee is charged for recovery of the direct costs of 
searching for requested documents (See Sec. 0.466).



Sec. 0.506  FOIA and Privacy Act requests.

    Requests for declassification that are submitted under the 
provisions of the Freedom of Information Act, as amended, (See Sec. 
0.461), of the Privacy Act of 1974, (See Sec. 0.554) shall be processed 
in accordance with the provisions of those Acts.



                    Subpart E_Privacy Act Regulations

    Authority: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 (47 U.S.C. 
154, 303).

    Source: 40 FR 44512, Sept. 26, 1975, unless otherwise noted.



Sec. 0.551  Purpose and scope; definitions.

    (a) The purpose of this subpart is to implement the Privacy Act of 
1974, 5 U.S.C. 552(a), and to protect the rights of the individual in 
the accuracy and privacy of information concerning him

[[Page 83]]

which is contained in Commission re cords. The regulations contained 
herein cover any group of records under the Commission's control from 
which information about individuals is retrievable by the name of an 
individual or by some other personal identifier.
    (b) In this subpart:
    (1) Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence;
    (2) Record means any item, collection or grouping of information 
about an individual that is maintained by the Commission, including but 
not limited to, such individual's education, financial transactions, 
medical history, and criminal or employment history, and that contains 
such individual's name, or the identifying number, symbol, or other 
identifying particular assigned to the individual, such as a finger or 
voice print or a photograph.
    (3) System of Records means a group of records under the control of 
the Commission from which information is retrievable by the name of the 
individual or by some identifying number, symbol, or other identifying 
particular assigned to the individual;
    (4) Routine Use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected;
    (5) System Manager means the Commission official responsible for the 
storage, maintenance, safekeeping, and disposal of a system of records.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]



Sec. 0.552  Notice identifying Commission systems of records.

    The Commission publishes in the Federal Register upon establishment 
or revision a notice of the existence and character of the system of 
records, including for each system of records:
    (a) The name and location of the system;
    (b) The categories of individuals on whom records are maintained in 
the system;
    (c) The categories of records maintained in the system;
    (d) Each routine use of the records contained in the system, 
including the categories of users and the purposes of such use;
    (e) The policies and practices of the agency regarding storage, 
retrievabil ity, access controls, retention, and disposal of the 
records;
    (f) The title and business address of the system manager;
    (g) The address of the agency office to which inquiries should be 
addressed and the addresses of locations at which the individual may 
inquire whether a system contains records pertaining to himself;
    (h) The agency procedures whereby an individual can be notified how 
access can be gained to any record pertaining to that individual 
contained in a system of records, and the procedure for correcting or 
contesting its contents; and
    (i) The categories of sources of records in the system.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]



Sec. 0.553  New uses of information.

    Before establishing a new routine use of a system of records, the 
Commission will publish a notice in the Federal Register of its 
intention to do so, and will provide at least 30 days for public comment 
on such use. The notice will contain:
    (a) The name of the system of records for which the new routine use 
is to be established;
    (b) The authority for the system;
    (c) The categories of records maintained;
    (d) The proposed routine use(s); and
    (e) The categories of recipients for each proposed routine use.



Sec. 0.554  Procedures for requests pertaining to individual records in a 
system of records.

    (a) Upon request, the Commission will notify individuals as to 
whether it maintains information about them in a system of records and, 
subject to the provisons of Sec. 0.555(b), will disclose the substance 
of such information to that individual. In order to properly request

[[Page 84]]

notification or access to record information, reference must be made to 
the Notice described in Sec. 0.552. A table of contents, which is 
alphabetized by bureau or office, precedes the system descriptions and 
allows members of the public to easily identify record systems of 
interest to them. An individual may inquire into information contained 
in any or all systems of records described in the Notice. However, each 
inquiry shall be limited to information from systems located within a 
single bureau or office and shall be addressed to that bureau or office.
    (b) Reasonable identification is required of all individuals making 
requests pursuant to paragraph (a) of this section in order to assure 
that disclosure of any information is made to the proper person.
    (1) Individuals who choose to register a request for information in 
person may verify their identity by showing any two of the following: 
social security card; drivers license; employee identification card; 
medicare card; birth certificate; bank credit card; or other positive 
means of identification. Documents incorporating a picture and/or 
signature of the individual shall be produced if possible. If an 
individual cannot provide suitable documentation for identification, 
that individual will be required to sign an identity statement 
stipulating that knowingly or willfully seeking or obtaining access to 
records about another person under false pretenses is punishable by a 
fine of up to $5,000.

    Note: An individual's refusal to disclose his social security number 
shall not constitute cause in and of itself, for denial of a request.

    (2) All requests for record information sent by mail shall be signed 
by the requestor and shall include his printed name, current address and 
telephone number (if any). Commission officials receiving such requests 
will attempt to verify the identity of the requestor by comparing his or 
her signature to those in the record. If the record contains no 
signatures and if positive identification cannot be made on the basis of 
other information submitted, the requestor will be required to sign an 
identity statement and stipulate that knowingly or willfully seeking or 
obtaining access to records about another person under false pretense is 
punishable by a fine of up to $5,000.
    (3) If positive identification cannot be made on the basis of the 
information submitted, and if data in the record is so sensitive that 
unauthorized access could cause harm or embarrassment to the individual 
to whom the record pertains, the Commission reserves the right to deny 
access to the record pending the production of additional more 
satisfactory evidence of identity.

    Note: The Commission will require verification of identity only 
where it has determined that knowledge of the existence of record 
information or its substance is not subject to the public disclosure 
requirements of the Freedom of Information Act, 5 U.S.C. 552, as 
amended.

    (c) All requests for notification of the existence of record 
information or for access to such information shall be delivered to the 
business address of the system manager responsible for the system of 
records in question, except that requests relating to official personnel 
records shall be addressed to the Associate Managing Director--Personnel 
Management. Such addresses can be found in the Federal Register Notice 
described in Sec. 0.552.
    (d) A written acknowledgement of receipt of a request for 
notification and/or access will be provided within 10 days (excluding 
Saturdays, Sundays, and legal public holidays) to the individual making 
the request. Such an acknowledgement may, if necessary, request any 
additional information needed to locate a record. A search of all 
systems of records identified in the individual's request will be made 
to determine if any records pertaining to the individual are contained 
therein, and the individual will be notified of the search results as 
soon as the search has been completed. Normally, a request will be 
processed and the individual notified of the search results within 30 
days (excluding Saturdays, Sundays, and legal holidays) from the date 
the inquiry is received. However, in some cases, as where records have 
to be recalled from Federal Record Centers, notification may be delayed. 
If it is determined that a record pertaining to the individual making 
the request

[[Page 85]]

does exist, the notification will state approximately when the record 
will be available for personal review. No separate acknowledgement is 
required if the request can be processed and the individual notified of 
the search results within the ten-day period.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13368, Apr. 4, 1984]



Sec. 0.555  Disclosure of record information to individuals.

    (a) Individuals having been notified that the Commission maintains a 
record pertaining to them in a system of records may request access to 
such record in one of three ways: by in person inspection at the system 
location; by transfer of the record to a nearer location; or by mail.
    (1) Individuals who wish to review their records at the system 
location must do so during regular Commission business hours (8:00 a.m.-
4:30 p.m., Monday through Friday). For personal and administrative 
convenience, individuals are urged to arrange to review a record by 
appointment. Preferences as to specific dates and times can be made by 
writing or calling the system manager responsible for the system of 
records in question at least two days in advance of the desired 
appointment date, and by providing a telephone number where the 
individual can be reached during the day in case the appointment must be 
changed. Verification of identity is required as in Sec. 0.554(b)(1) 
before access will be granted an individual appearing in person. 
Individuals may be accompanied by a person of his or her own choosing 
when reviewing a record. However, in such cases, a written statement 
authorizing discussion of their record in the presence of a Commission 
representative having physical custody of the records.
    (2) Individuals may request that a record be transferred to a 
Commission field office or installation in the vicinity of his or her 
home and that access be granted at that location. The addresses of 
Commission field offices are listed in Sec. 0.121. A request to 
transfer records must specify the exact location where the records 
should be sent and a telephone number to call when the information is 
available for review at the field location. Paragraph (a)(1) of this 
section regarding personal appointments, verification of identity 
accompanying persons, and disclosure of original records applies equally 
to this paragraph.
    (3) Individuals may request that copies of records be sent directly 
to them. In such cases, individuals must verify their identity as Sec. 
0.554(b)(2) and provide an accurate return address. Records shall be 
sent only to that address.
    (b) The disclosure of record information under this section is 
subject to the following limitations:
    (1) Records containing medical information pertaining to an 
individual are subject to individual access under this section unless, 
in the judgment of the system manager having custody of the records 
after consultation with a medical doctor, access to such record 
information could have an adverse impact on the individual. In such 
cases, a copy of the record will be delivered to a medical doctor named 
by the individual.
    (2) Classified material, investigative material compiled for law 
enforcement purposes, investigatory material compiled solely for 
determining suitability for Federal employment or access to classified 
information, and certain testing or examination material shall be 
removed from the records to the extent permitted in the Privacy Act of 
1974, 5 U.S.C. 552(a). Section 0.561 of this subpart sets forth the 
systems of records maintained by the Commission which are either totally 
or partially exempt from disclosure under this subparagraph.
    (c) No fee will be imposed if the number of pages of records 
requested is 25 or less. Requests involving more than 25 pages shall be 
submitted to the duplicating contractor (see Sec. 0.456(a)).
    (d) The provisions of this section in no way give an individual the 
right to access any information compiled in reasonable anticipation of a 
civil action or proceeding.
    (e) In the event that a determination is made denying an individual 
access to records pertaining to that individual

[[Page 86]]

for any reason, such individual may either:
    (1) Seek administrative review of the adverse determination. Such a 
request shall be in writing and should be addressed to the system 
manager who made the initial decision. In addition, the request for 
review shall state specifically why the initial decision should be 
reversed.
    (2) Seek judicial relief in the district courts of the United States 
pursuant to paragraph (g)(1)(B) of the Act.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 40 FR 58858, Dec. 19, 1975; 
49 FR 13369, Apr. 4, 1984]



Sec. 0.556  Request to correct or amend rec ords.

    (a) An individual may request the amendment of information contained 
in their record. Except as otherwise provided in this paragraph, the 
request to amend should be submitted in writing to the system manager 
responsible for the records. Requests to amend the official personnel 
records of active FCC employees should be submitted to the Associate 
Managing Director--Human Resources Management, 445 12th Street, SW., 
Washington, D.C. 20554. Requests to amend official personnel records of 
former FCC employees should be sent to the Assistant Director for Work 
Force Information, Compliance and Investigations Group, Office of 
Personnel Management, 1900 E Street, NW., Washington, D.C. 20415. Any 
request to amend should contain as a minimum:
    (1) The identity verification information required by Sec. 
0.554(b)(2) and the information needed to locate the record as required 
by Sec. 0.554(a).
    (2) A brief description of the item or items of information to be 
amended; and
    (3) The reason for the requested change.
    (b) A written acknowledgement of the receipt of a request to amend a 
record will be provided within 10 days (excluding Saturdays, Sundays, 
and legal public holidays) to the individual requesting the amendment. 
Such an acknowledgement may, if necessary, request any additional 
information needed to make a determination. There will be no 
acknowledgement if the request can be reviewed, processed, and the 
individual notified of compliance or denial within the 10 day period.
    (c) The responsible system manager, or in the case of official 
personnel records of active FCC employees, the Associate Managing 
Director--Personnel Management, shall (normally within 30 days) take one 
of the following actions regarding a request to amend:
    (1) If the system manager agrees that an amendment to the record is 
warranted, the system manager shall:
    (i) So advise the individual in writing;
    (ii) Correct the record in compliance with the individual's request; 
and
    (iii) If an accounting of disclosures has been made, advise all 
previous recipients of the fact that the record has been corrected and 
of the substance of the correction.
    (2) If the system manager, after an initial review, does not agree 
that all or any portion of the record merits amendment, the system 
manager shall:
    (i) Notify the individual in writing of such refusal to amend and 
the reasons therefore;
    (ii) Advise the individual that further administrative review of the 
initial decision by the full Commission may be sought pursuant to the 
procedures set forth in Sec. 0.557. (In cases where the request to 
amend involves official personnel records, review is available 
exclusively from the Assistant Director for Work Force Information, 
Compliance and Investigations Group, Office of Personnel Management, 
Washington, DC 20415; and
    (iii) Inform the individual of the procedures for requesting 
Commission review pursuant to Sec. 0.557.
    (d) In reviewing a record in response to a request to amend, the 
system manager shall assess the accuracy, relevance, timeliness, or 
completeness of the record in light of each data element placed into 
controversy and the use of the record in making decisions that could 
possibly affect the individual. Moreover, the system manager shall 
ajudge the merits of any request to delete information based on whether

[[Page 87]]

or not the information in controversy is both relevant and necessary to 
accomplish a statutory purpose required of the Commission by law or 
executive order of the President.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 45 FR 39850, June 12, 1980; 
49 FR 13369, Apr. 4, 1984; 65 FR 58466, Sept. 29, 2000]



Sec. 0.557  Administrative review of an initial decision not to amend a 
record.

    (a) Individuals have 30 days from the date of the determination not 
to amend a record consistent with their request to seek further 
administrative review by the full Commisison. Such a request shall be in 
writing and should be addressed to either the system manager who made 
the initial adverse decision, or, in the case of official personnel 
records of active FCC employees, to the Assistant Director for Work 
Force Information, Compliance and Investigations Group, Office of 
Personnel Management, Washington, DC 20415. Any request for 
administrative review must:
    (1) Clearly identify the questions presented for review (e.g., 
whether the record information in question is, in fact, accurate; 
whether information subject to a request to delete is relevant and 
necessary to the purpose for which it is maintained);
    (2) Specify with particularity why the decision reached by the 
system manager is erroneous or inequitable; and
    (3) Clearly state how the record should be amended or corrected.
    (b) The Commission shall conduct an independent review of the record 
in controversy using the standards of review set out in Sec. 0.556(d). 
It may seek such additional information as is necessary to make its 
determination. Final administrative review shall be completed not later 
than 30 days (excluding Saturdays, Sundays and legal public holidays) 
from the date on which the individual requests such review unless the 
Chairman determines that a fair and equitable review cannot be made 
within the 30 day period. In such event, the individual will be informed 
in writing of the reasons for the delay and the approximate date on 
which the review is expected to be completed.
    (c) If upon review of the record in controversy the Commission 
agrees with the individual that the requested amendment is warranted, 
the Commission will proceed in accordance with Sec. 0.556(c)(1) (i) 
through (iii).
    (d) If after the review, the Commission also refuses to amend the 
record as requested, it shall:
    (1) Notify the individual in writing of its refusal and the reasons 
therefore;
    (2) Advise the individual that a concise statement of the reasons 
for disagreeing with the decision of the Commisison may be filed;
    (3) Inform the individual:
    (i) That such a statement should be signed and addressed to the 
system manager having custody of the record in question;
    (ii) That the statement will be made available to any one to whom 
the record is subsequently disclosed together with, at the Commission's 
discretion, a summary of its reasons for refusing to amend the record; 
and
    (iii) That prior recipients of the record will be provided a copy of 
the statement of dispute to the extent that an accounting of such 
disclosures is maintained; and
    (4) Advise the individual that judicial review of the Commisison's 
decision not to amend the record in any district court of the United 
States is available.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 45 FR 39850, June 12, 1980; 
49 FR 13369, Apr. 4, 1984]



Sec. 0.558  Advice and assistance.

    Individuals who have questions regarding the procedures contained in 
this subpart for gaining access to a particular system of records or for 
contesting the contents of a record, either administratively or 
judicially, should write or call the Privacy Liaison Officer at the 
following address:

Federal Communications Commission, Office of General Counsel, 445 12th 
Street, SW., Washington, DC 20554.



[[Page 88]]


Individuals who request clarification of the Notice described in Sec. 
0.552 or who have questions concerning the characterization of specific 
systems of records as set forth therein, should write or call the 
Privacy Liaison Officer at the following address:

Federal Communications Commission, Performance Evaluation and Records 
Management, Office of the Managing Director, 445 12th Street, SW., 
Washington, DC 20554

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13369, Apr. 4, 1984; 
65 FR 58466, Sept. 29, 2000]



Sec. 0.559  Disclosure of disputed information to persons other than the 
individual to whom it pertains.

    If the Commission determines not to amend a record consistent with 
an individual's request, and if the individual files a statement of 
disagreement pursuant to Sec. 0.557(d)(2), the Commission shall clearly 
annotate the record so that the disputed portion becomes apparent to 
anyone who may subsequently have access to, use or disclose the record. 
A copy of the individual's statement of disagreement shall accompany any 
subsequent disclosure of the record. In addition, the Commission may 
include a brief summary of its reasons for not amending the record when 
disclosing the record. Such statements become part of the individual's 
record for granting access, but are not subject to the amendment 
procedures of Sec. 0.556.



Sec. 0.560  Penalty for false representation of identity.

    Any individual who knowingly and willfully requests or obtains under 
false pretenses any record concerning an individual from any system of 
records maintained by the Commission shall be guilty of a misdemeanor 
and subject to a fine of not more than $5,000.



Sec. 0.561  Exemptions.

    The following systems of records are totally or partially exempt 
from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) 
of the Privacy Act of 1974, 5 U.S.C. 552(a), and from Sec. Sec. 0.554 
through 0.557 of this subpart:
    (a) System name. Radio Operator Records--FCC/FOB-1. Parts of this 
system of records are exempt pursuant to Section (k)(2) of the Act 
because they contain investigatory material compiled solely for law 
enforcement purposes.
    (b) System name. Violators File (records kept on individuals who 
have been subjects of FCC field enforcement actions)--FCC/FOB-2. Parts 
of this system of records are EXEMPT because they are maintained as a 
protective service for individuals described in section 3056 of title 
18, and because they are necessary for Commission employees to perform 
their duties, pursuant to sections (k) (1), (2), and (3) of the Act.
    (c) System name. Attorney Misconduct Files--FCC/OGC-2. This system 
of records is exempt pursuant to section 3(k)(2) of the Act because it 
is maintained for law enforcement purposes.
    (d) System name. Licensees or Unlicensed Persons Operating Radio 
Equipment Improperly--FCC. Parts of this system of records are exempt 
pursuant to section 3(k)(2) of the Act because they embody investigatory 
material compiled solely for law enforcement purposes.
    (e) System name. Personnel Investigation Records--FCC/Central-6. 
Parts of these systems of records are exempt because they emobdy 
investigatory material pursuant to sections 3(k)(2) and 3(k)(5) of the 
Act as applicable.
    (f) System name. Criminal Investigative Files--FCC/OIG-1. Compiled 
for the purpose of criminal investigations. This system of records is 
exempt pursuant to section (j)(2) of the Act because the records contain 
investigatory material compiled for criminal law enforcement purposes.
    (g) System name. General Investigative Files--FCC/OIG-2. Compiled 
for law enforcement purposes. This system of records is exempt pursuant 
to section (k)(2) of the Act because the

[[Page 89]]

records contain investigatory material compiled for law enforcement 
purposes.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))

[40 FR 44512, Sept. 26, 1975, as amended at 49 FR 13369, Apr. 4, 1984; 
58 FR 11549, Feb. 26, 1993]



                      Subpart F_Meeting Procedures

    Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; (47 
U.S.C. 154, 303).

    Source: 42 FR 12867, Mar. 7, 1977, unless otherwise noted.



Sec. 0.601  Definitions.

    For purposes of this section:
    (a) The term agency means:
    (1) The Commission,
    (2) A board of Commissioners (see Sec. 0.212),
    (3) The Telecommunications Committee (see Sec. 0.215), and
    (4) Any other group of Commissioners hereafter established by the 
Commission on a continuing or ad hoc basis and authorized to act on 
behalf of the Commission.
    (b) The term meeting means the deliberations among a quorum of the 
Commission, a Board of Commissioners, or a quorum of a committee of 
Commissioners, where such deliberations determine or result in the joint 
conduct or disposition of official agency business, except that the term 
does not include deliberations to decide whether to announce a meeting 
with less than seven days notice, or whether a meeting should be open or 
closed. (The term includes conference telephone calls, but does not 
include the separate consideration of Commission business by 
Commissioners.) For purposes of this subpart each item on the agenda of 
a meeting is considered a meeting or a portion of a meeting.

[42 FR 12867, Mar. 7, 1977, as amended at 48 FR 56391, Dec. 21, 1983; 64 
FR 2149, Jan. 13, 1999]



Sec. 0.602  Open meetings.

    (a) All meetings shall be conducted in accordance with the 
provisions of this subpart.
    (b) Except as provided in Sec. 0.603, every portion of every 
meeting shall be open to public observation. Observation does not 
include participation or disruptive conduct by observers, and persons 
engaging in such conduct will be removed from the meeting.
    (c) The right of the public to observe open meetings does not alter 
those rules in this chapter which relate to the filing of motions, 
pleadings, or other documents. Unless such pleadings conform to the 
other procedural requirements of this chapter, pleadings based upon 
comments or discussions at open meetings, as a general rule, will not 
become part of the official record, will receive no consideration, and 
no further action by the Commission will be taken thereon.
    (d) Deliberations, discussions, comments or observations made during 
the course of open meetings do not themselves constitute action of the 
Commission. Comments made by Commissioners may be advanced for purposes 
of discussion and may not reflect the ultimate position of a 
Commissioner.

[42 FR 12867, Mar. 7, 1977, as amended at 45 FR 63491, Sept. 25, 1980]



Sec. 0.603  Bases for closing a meeting to the public.

    Except where the agency finds that the public interest requires 
otherwise, an agency or advisory committee meeting may be closed to the 
public, and information pertaining to such meetings which would 
otherwise be disclosed to the public under Sec. 0.605 may be withheld, 
if the agency determines that an open meeting or the disclosure of such 
information is likely to:
    (a) Disclose matters that: (1) Are specifically authorized under 
criteria established by executive order to be kept secret in the 
interest of national defense or foreign policy, and (2) are in fact 
properly classified pursuant to such executive order (see Sec. 
0.457(a));
    (b) Relate solely to the internal personnel rules and practices of 
an agency (see Sec. 0.457(b));
    (c) Disclose matters specifically exempted from disclosure, by 
statute (other than the Freedom of Information Act, 5 U.S.C. 552). 
Provided, That such statute (1) requires that the matters be withheld 
from the public in such a manner as to leave no discretion

[[Page 90]]

on the issue, or (2) establishes particular criteria for withholding or 
refers to particular types of matters to be withheld (see Sec. 
0.457(c));
    (d) Disclose trade secrets and commercial or financial information 
obtained from a person and privileged or confidential (see Sec. 
0.457(d));
    (e) Involve accusing any person of a crime or formally censuring any 
person;
    (f) Disclose information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy (see Sec. 
0.457(f));
    (g) Disclose investigatory records compiled for law enforcement 
purposes, or information which if written would be contained in such 
records, but only to the extent that the production of such records or 
information would (1) interfere with enforcement proceedings, (2) 
deprive a person of a right to a fair trial or an impartial 
adjudication, (3) constitute an unwarranted invasion of personal 
privacy, (4) disclose the identity of a confidential source, and, in the 
case of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source, (5) disclose investigative 
techniques and procedures, or (6) endanger the life or physical safety 
of law enforcement personnel;
    (h) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (i) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed agency 
action, except where the agency has already disclosed to the public the 
content or nature of the disclosed action, or where the agency is 
required by law to make such disclosure on its own initiative prior to 
taking final agency action on such proposal; or
    (j) Specifically concern the agency's issuance of a subpoena, or the 
agency's participation in a civil action or proceeding, an action in a 
foreign court or international tribunal, or an arbitration, or the 
initiation, conduct, or disposition by the agency of a particular case 
of formal agency adjudication pursuant to the procedures specified in 5 
U.S.C. 554 or otherwise involving a determination on the record after 
opportunity for hearing.



Sec. 0.605  Procedures for announcing meetings.

    (a) Notice of all open and closed meetings will be given.
    (b) The meeting notice will be submitted for publication in the 
Federal Register on or before the date on which the announcement is 
made. Copies will be available in the Press and News Media Division on 
the day the announcement is made. Copies will also be attached to ``FCC 
Actions Alert'', which is mailed to certain individuals and groups who 
have demonstrated an interest in representing the public in Commission 
proceedings.
    (c)(1) If the agency staff determines that a meeting should be open 
to the public, it will, at least one week prior to the meeting, announce 
in writing the time, place and subject matter of the meeting, that it is 
to be open to the public, and the name and phone number of the Chief, 
Press and News Media Division, who has been designated to respond to 
requests for information about the meeting.
    (2) If the staff determines that a meeting should be closed to the 
public, it will refer the matter to the General Counsel, who will 
certify that there is (or is not) a legal basis for closing the meeting 
to the public. Following action by the General Counsel, the matter may 
be referred to the agency for a vote on the question of closing the 
meeting (See Sec. 0.606).
    (d)(1) If the question of closing a meeting is considered by the 
agency but no vote is taken, the agency will, at least one week prior to 
the meeting, announce in writing the time, place and subject matter of 
the meeting, that it is to be open to the public, and the name and phone 
number of the Chief, Press and News Media Division.
    (2) If a vote is taken, the agency will, in the same announcement 
and within one day after the vote, make public the

[[Page 91]]

vote of each participating Commissioner.
    (3) If the vote is to close the meeting, the agency will also, in 
that announcement, set out a full written explanation of its action, 
including the applicable provision(s) of Sec. 0.603, and a list of 
persons expected to attend the meeting, including Commission personnel, 
together with their affiliations. The Commissioners, their assistants, 
the General Counsel, the Executive Director, the Chief, Press and News 
Media Division, and the Secretary are expected to attend all Commission 
meetings. The appropriate Bureau or Office Chief and Division Chief are 
expected to attend meetings which relate to their responsibilities (see 
subpart A of this part).
    (4) If a meeting is closed, the agency may omit from the 
announcement information usually included, if and to the extent that it 
finds that disclosure would be likely to have any of the consequences 
listed in Sec. 0.603.
    (e) If the prompt and orderly conduct of agency business requires 
that a meeting be held less than one week after the announcement of the 
meeting, or before that announcement, the agency will issue the 
announcement at the earliest practicable time. In addition to other 
information, the announcement will contain the vote of each member of 
the agency who participated in the decision to give less than seven days 
notice, and the particular reason for that decision.
    (f) If, after announcement of a meeting, the time or place of the 
meeting is changed or the meeting is cancelled, the agency will announce 
the change at the earliest practicable time.
    (g) If the subject matter or the determination to open or close a 
meeting is changed, the agency will publicly announce the change and the 
vote of each member at the earliest practicable time. The announcement 
will contain a finding that agency business requires the change and that 
no earlier announcement of the change was possible.

(47 U.S.C. 154, 155, 303)

[42 FR 12867, Mar. 7, 1977, as amended at 44 FR 12425, Mar. 7, 1979; 44 
FR 70472, Dec. 7, 1979; 64 FE 2150, Jan. 13, 1999]



Sec. 0.606  Procedures for closing a meeting to the public.

    (a) For every meeting closed under Sec. 0.603, the General Counsel 
will certify that there is a legal basis for closing the meeting to the 
public and will state each relevant provision of Sec. 0.603. The staff 
of the agency will refer the matter to the General Counsel for 
certification before it is referred to the agency for a vote on closing 
the meeting. Certifications will be retained in a public file in the 
Minute and Rules Branch, Office of the Secretary.
    (b) The agency will vote on the question of closing a meeting.
    (1) If a member of the agency requests that a vote be taken;
    (2) If the staff recommends that a meeting be closed and one member 
of the agency requests that a vote be taken; or
    (3) If a person whose interests may be directly affected by a 
meeting requests the agency to close the meeting for any of the reasons 
listed in Sec. 0.603 (e), (f) or (g), or if any person requests that a 
closed meeting be opened, and a member of the agency requests that a 
vote be taken. (Such requests may be filed with the Secretary at any 
time prior to the meeting and should briefly state the reason(s) for 
opening or closing the meeting. To assure that they reach the Commission 
for consideration prior to the meeting, they should be submitted at the 
earliest practicable time and should be called specifically to the 
attention of the Secretary--in person or by telephone. It will be 
helpful if copies of the request are furnished to the members of the 
agency and the General Counsel. The filing of a request shall not stay 
the holding of a meeting.)
    (c) A meeting will be closed to the public pursuant to Sec. 0.603 
only by vote of a majority of the entire membership of the agency. The 
vote of each participating Commissioner will be recorded. No 
Commissioner may vote by proxy.
    (d) A separate vote will be taken before any meeting is closed to 
the public and before any information is withheld from the meeting 
notice. However, a single vote may be taken with respect to a series of 
meetings proposed to be closed to the public, and with respect to 
information concerning such series of meetings (a vote on each question, 
if

[[Page 92]]

both are presented), if each meeting involves the same particular 
matters and is scheduled to be held no later than 30 days after the 
first meeting in the series.
    (e) Less than seven days notice may be given only by majority vote 
of the entire membership of the agency.
    (f) The subject matter or the determination to open or close a 
meeting will be changed only if a majority of the entire membership of 
the agency determines by recorded vote that agency business so requires 
and that no earlier announcement of the change was possible.



Sec. 0.607  Transcript, recording or minutes; availability to the public.

    (a) The agency will maintain a complete transcript or electronic 
recording adequate to record fully the proceedings of each meeting 
closed to the public, except that in a meeting closed pursuant to 
paragraph (h) or (j) of Sec. 0.603, the agency may maintain minutes in 
lieu of a transcript or recording. Such minutes shall fully and clearly 
describe all matters discussed and shall provide a full and accurate 
summary of any actions taken, and the reasons therefor, including a 
description of each of the views expressed on any item and the record of 
any roll call vote. All documents considered in connection with any item 
will be identified in the minutes.
    (b) A public file of transcripts (or minutes) of closed meetings 
will be maintained in the Minute and Rules Branch, Office of the 
Secretary. The transcript of a meeting will be placed in that file if, 
after the meeting, the responsible Bureau or Office Chief determines, in 
light of the discussion, that the meeting could have been open to the 
public or that the reason for withholding information concerning the 
matters discussed no longer pertains. Transcripts placed in the public 
file are available for inspection under Sec. 0.460. Other transcripts, 
and separable portions thereof which do not contain information properly 
withheld under Sec. 0.603, may be made available for inspection under 
Sec. 0.461. When a transcript, or portion thereof, is made available 
for inspection under Sec. 0.461, it will be placed in the public file. 
Copies of transcripts may be obtained from the duplicating contractor 
pursuant to Sec. 0.465(a). There will be no search or transcription 
fee. Requests for inspection or copies of transcripts shall specify the 
date of the meeting, the name of the agenda and the agenda item number; 
this information will appear in the notice of the meeting. Pursuant to 
Sec. 0.465(c)(3), the Commission will make copies of the transcript 
available directly, free of charge, if it serves the financial or 
regulatory interests of the United States.
    (c) The Commission will maintain a copy of the transcript or minutes 
for a period of at least two years after the meeting, or until at least 
one year after conclusion of the proceeding to which the meeting 
relates, whichever occurs later.



                Subpart G_Intergovernmental Communication

    Source: 66 FR 8091, Jan. 29, 2001, unless otherwise noted.



Sec. 0.701  Intergovernmental Advisory Committee.

    (a) Purpose and term of operations. The Intergovernmental Advisory 
Committee (IAC) is established to facilitate intergovernmental 
communication between municipal, county, state and tribal governments 
and the Federal Communications Commission. The IAC will commence 
operations with its first meeting convened under this section and is 
authorized to undertake its mission for a period of two years from that 
date. At his discretion, the Chairman of the Federal Communications 
Commission may extend the IAC's term of operations for an additional two 
years, for which new members will be appointed as set forth in paragraph 
(b) of this section. Pursuant to Section 204(b) of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1534(b), the IAC is not subject to, and is 
not required to follow, the procedures set forth in the Federal Advisory 
Committee Act. 5 U.S.C., App. 2 (1988).
    (b) Membership. The IAC will be composed of the following 15 members 
(or their designated employees): Four elected municipal officials (city 
mayors and city council members); two

[[Page 93]]

elected county officials (county commissioners or council members); one 
elected or appointed local government attorney; one elected state 
executive (governor or lieutenant governor); three elected state 
legislators; one elected or appointed public utilities or public service 
commissioner; and three elected or appointed Native American tribal 
representatives. The Chairman of the Commission will appoint members 
through an application process initiated by a Public Notice, and will 
select a Chairman and a Vice Chairman to lead the IAC. The Chairman of 
the Commission will also appoint members to fill any vacancies and may 
replace an IAC member, at his discretion, using the appointment process. 
Members of the IAC are responsible for travel and other incidental 
expenses incurred while on IAC business and will not be reimbursed by 
the Commission for such expenses.
    (c) Location and frequency of meetings. The IAC will meet in 
Washington, DC four times a year. Members must attend a minimum of fifty 
percent of the IAC's yearly meetings and may be removed by the Chairman 
of the IAC for failure to comply with this requirement.
    (d) Participation in IAC meetings. Participation at IAC meetings 
will be limited to IAC members or employees designated by IAC members to 
act on their behalf. Members unable to attend an IAC meeting should 
notify the IAC Chairman a reasonable time in advance of the meeting and 
provide the name of the employee designated on their behalf. With the 
exception of Commission staff and individuals or groups having business 
before the IAC, no other persons may attend or participate in an IAC 
meeting.
    (e) Commission support and oversight. The Chairman of the 
Commission, or Commissioner designated by the Chairman for such purpose, 
will serve as a liaison between the IAC and the Commission and provide 
general oversight for its activities. The IAC will also communicate 
directly with the Chief, Consumer & Governmental Affairs Bureau, 
concerning logistical assistance and staff support, and such other 
matters as are warranted.

[68 FR 52519, Sept. 4, 2003]