[Title 47 CFR 5,]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[Title 47 - TELECOMMUNICATION]
[Chapter I - FEDERAL COMMUNICATIONS COMMISSION]
[Subchapter A - GENERAL]
[Sec. 5, - 48 Stat. 1068, as amended; 47 U.S.C. 155, 225,]
[From the U.S. Government Printing Office]
47TELECOMMUNICATION12004-10-012004-10-01false48 Stat. 1068, as amended; 47 U.S.C. 155, 225,5,Sec. 5,TELECOMMUNICATIONFEDERAL 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
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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]