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   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
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                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

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PART 0—COMMISSION ORGANIZATION
   ___________________________________

   Section Contents
   
                           Subpart A—Organization

   General
   § 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.
   § 0.185   Responsibilities of the bureaus and staff offices.
   § 0.186   Emergency Relocation Board.
   Public Safety and Homeland Security Bureau
   § 0.191   Functions of the Bureau.
   
                     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]
   § 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.
   Public Safety and Homeland Security Bureau
   § 0.392   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.
   § 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

   top

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

General

   top

§ 0.1   The Commission.

   top

   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]

§ 0.3   The Chairman.

   top

   (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]

§ 0.5   General description of Commission organization and operations.

   top

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

   (17) Public Safety and Homeland Security Bureau.

   (b) Staff responsibilities and functions. The organization and functions of
   these major staff units are described in detail in §§0.11 through 0.151. The
   defense and emergency preparedness functions of the Commission are set forth
   separately,  beginning  at §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]

   Editorial Note:   ForFederal Registercitations affecting §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

   top

§ 0.11   Functions of the Office.

   top

   (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 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;
   accounting for the financial transactions of the Commission and preparation
   of financial statements and reports; 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.

   (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;  70 FR 21651 , Apr. 27, 2005;  71 FR 69034 , Nov. 29, 2006]

Office of Inspector General

   top

§ 0.13   Functions of the Office.

   top

   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 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

   top

§ 0.15   Functions of the Office.

   top

   (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

   top

§ 0.17   Functions of the Office.

   top

   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 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

   top

§ 0.21   Functions of the Office.

   top

   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

   top

§ 0.31   Functions of the Office.

   top

   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.

   (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 (in
   consultation with the Public Safety and Homeland Security Bureau where
   appropriate) 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, 4, 5, 15, and 18 of this chapter, including
   licensing, recordkeeping, rule making, and revising the filing system and
   template used for compliance with the Commission's communications disruption
   reporting requirements.

   (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 §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;  69 FR 70337 , Dec. 3, 2004;  71 FR 69034 , Nov. 29, 2006]

Office of General Counsel

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§ 0.41   Functions of the Office.

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   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.

   (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

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§ 0.51   Functions of the Bureau.

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   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
   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.

   (s) To coordinate with the Public Safety and Homeland Security Bureau on all
   matters affecting public safety, homeland security, national security,
   emergency management, disaster management, and related issues.

   [ 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;  71 FR 69034 , Nov. 29, 2006]

Media Bureau

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§ 0.61   Functions of the Bureau.

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   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.

   (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 §0.283.

   (l) To coordinate with the Public Safety and Homeland Security Bureau on all
   matters affecting public safety, homeland security, national security,
   emergency management, disaster management, and related issues.

   [ 67 FR 13217 , Mar. 21, 2002, as amended at  71 FR 69034 , Nov. 29, 2006]

Office of Workplace Diversity

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§ 0.81   Functions of the Office.

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   (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,  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

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§ 0.91   Functions of the Bureau.

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   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 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
   §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 §0.331.

   (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.

   (o) Coordinate with the Public Safety and Homeland Security Bureau on all
   matters affecting public safety, homeland security, national security,
   emergency management, disaster management, and related issues.

   [ 67 FR 13218 , Mar. 21, 2002, as amended at  68 FR 13850 , Mar. 21, 2003;  69 FR 55109 , Sept. 13, 2004;  71 FR 69034 , Nov. 29, 2006]

Office of Communications Business Opportunities

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§ 0.101   Functions of the office.

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   (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, 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

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§ 0.111   Functions of the Bureau.

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   (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 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 §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, §§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, §76.944 of this
   chapter (basic cable rate appeals), and §§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 §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,
   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 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)  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.

   (d) In conjunction with the Office of Engineering and Technology, work with
   technical standards bodies.

   (e)  Oversee  the Commission's privatized ship radio safety inspection
   program.

   (f) 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.

   (g) 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 and Governmental Affairs Bureau, the Office of General
   Counsel (impermissible ex parte presentations) or another Bureau or Office;

   (h) 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.

   (i) 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;  71 FR 69034 , Nov. 29, 2006]

§ 0.121   Location of field installations.

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   (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°36'20.1" N. Latitude, 85°57'20.1" W. Longitude

   Belfast, Maine, 44°26'42.3" N. Latitude, 69°04'56.1" W. Longitude

   Canandaigua, New York, 42°54'48.2" N. Latitude, 77°15'57.9" W. Longitude

   Douglas, Arizona, 31°30'02.3" N. Latitude, 109°39'14.3" W. Longitude

   Ferndale, Washington, 48°57'20.4" N. Latitude, 122°33'17.6" W. Longitude

   Grand Island, Nebraska, 40°55'21.0" N. Latitude, 98°25'43.2" W. Longitude

   Kenai, Alaska, 60°43'26.0" N. Latitude, 151°20'15.0" W. Longitude

   Kingsville, Texas, 27°26'30.1" N. Latitude, 97°53'01.0" W. Longitude

   Laurel, Maryland, 39°09'54.4" N. Latitude, 76°49'15.9" W. Longitude

   Livermore, California, 37°43'29.7" N. Latitude, 121°45'15.8" W. Longitude

   Powder Springs, Georgia, 33°51'44.4" N. Latitude, 84°43'25.8" W. Longitude

   Santa Isabel, Puerto Rico, 18°00'18.9" N. Latitude, 66°22'30.6" W. Longitude

   Vero Beach, Florida, 27°36'22.1" N. Latitude, 80°38'05.2" W. Longitude

   Waipahu, Hawaii, 21°22'33.6" N. Latitude, 157°59'44.1" 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

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§ 0.131   Functions of the Bureau.

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   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 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 (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.

   (q) Coordinates with the Public Safety and Homeland Security Bureau on all
   matters affecting public safety, homeland security, national security,
   emergency management, disaster management, and related issues.

   [ 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;  71 FR 69035 , Nov. 29,
   2006]

Consumer and Governmental Affairs Bureau

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§ 0.141   Functions of the Bureau.

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   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  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 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

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§ 0.151   Functions of the Office.

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   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

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§ 0.181   The Defense Commissioner.

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   Link to an amendment published at  72 FR 48842 , Aug. 24, 2007.

   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 public safety, homeland security,
   national security, emergency preparedness, disaster management, defense and
   related  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 Chief, Public Safety and Homeland Security Bureau,
   will decide whether to activate the Commission's Continuity of Operations
   (COOP) plan and/or initiate the Commission's emergency response procedures.

   (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
   §§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.

   (j) The Commission may designate an Alternate Defense Commissioner who is
   authorized to perform the functions of the Defense Commissioner if he or she
   is not available.

   [ 29 FR 14664 , Oct. 28, 1964, as amended at  41 FR 31209 , July 27, 1976;  64 FR 60720 , Nov. 8, 1999;  69 FR 32033 , May 27, 2004;  71 FR 69035 , Nov. 29, 2006]

§ 0.185   Responsibilities of the bureaus and staff offices.

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   The head of each of the bureaus and staff offices, in rendering assistance
   to the Chief, Public Safety and Homeland Security Bureau in the performance
   of  that  person's  duties with respect to homeland security, national
   security,  emergency management and preparedness, disaster management,
   defense,  and  related  activities  will have the following duties and
   responsibilities:

   (a) To keep the Chief, Public Safety and Homeland Security 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, Public Safety and Homeland
   Security  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
   security, national security, emergency management and preparedness, disaster
   management, defense, and related activities as may be assigned to them by
   the Commission.

   (e) To serve as Public Safety/Homeland Security Liaison to the Public Safety
   and Homeland Security Bureau or designate a Deputy Chief of the Bureau or
   Office as such liaison.

   [ 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;  71 FR 69035 , Nov. 29, 2006]

§ 0.186   Emergency Relocation Board.

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   (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]

Public Safety and Homeland Security Bureau

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§ 0.191   Functions of the Bureau.

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   The  Public  Safety  and  Homeland  Security  Bureau advises and makes
   recommendations  to  the  Commission, or acts for the Commission under
   delegated authority, in all matters pertaining to public safety, homeland
   security, national security, emergency management and preparedness, disaster
   management, and ancillary operations. The Bureau has responsibility for
   coordinating public safety, homeland security, national security, emergency
   management and preparedness, disaster management, and related activities
   within the Commission. The Bureau also performs the following functions.

   (a) Develops, recommends, and administers policy goals, objectives, rules,
   regulations, programs and plans for the Commission to promote effective and
   reliable communications for public safety, homeland security, national
   security, emergency management and preparedness, disaster management and
   related activities, including public safety communications (including 911,
   enhanced  911,  and other emergency number issues), priority emergency
   communications, alert and warning systems (including the Emergency Alert
   System), continuity of government operations, implementation of Homeland
   Security  Presidential  Directives  and  Orders,  disaster  management
   coordination  and  outreach, communications infrastructure protection,
   reliability, operability and interoperability of networks and communications
   systems, the Communications Assistance for Law Enforcement Act (CALEA), and
   network security. Recommends policies and procedures for public safety,
   homeland security, national security, emergency management and preparedness,
   and recommends national emergency plans and preparedness programs covering
   Commission functions during national emergency conditions. Conducts outreach
   and coordination activities with, among others, state and local governmental
   agencies, hospitals and other emergency health care providers, and public
   safety organizations. Recommends national emergency plans, policies, and
   preparedness programs covering the provision of service by communications
   service  providers,  including  telecommunications  service providers,
   information service providers, common carriers, and non-common carriers;
   broadcasting and cable facilities; satellite and wireless radio services;
   radio frequency assignment; electro-magnetic radiation; investigation and
   enforcement.

   (b) Under the general direction of the Defense Commissioner, coordinates the
   public safety, homeland security, national security, emergency management
   and  preparedness,  disaster management, and related activities of the
   Commission, including national security and emergency preparedness and
   defense mobilization, Continuity of Government (COG) planning, alert and
   warning systems (including the Emergency Alert System), 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. Provides support to the Defense Commissioner, including
   with respect to his or her participation in the Joint Telecommunications
   Resources Board, and the National Security Telecommunications Advisory
   Committee and other public safety and homeland security organizations and
   committees.  Represents the Defense Commissioner with other Government
   agencies and organizations, the communications industry, and Commission
   licensees on public safety, homeland security, national security, emergency
   management and preparedness, disaster management, and related issues. Keeps
   the Defense Commissioner informed as to significant developments in the
   fields of public safety, homeland security, national security, emergency
   management, and disaster management activities, and related areas.

   (c) Develops and administers rules, regulations, and policies for priority
   emergency communications, including the Telecommunications Service Priority
   System. Supports the Chiefs 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.

   (d) The Chief, Public Safety and Homeland Security Bureau, or that person's
   designee, acts as FCC Alternate Homeland Security and Defense Coordinator
   and principal to the National Communications System, and the Chief, Public
   Safety and Homeland Security Bureau, or that person's designee, shall serve
   as  the Commission's representative on National Communications Systems
   Committees.

   (e) Conducts rulemaking proceedings and acts on requests for interpretation
   or waiver of rules.

   (f) 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 public safety, homeland security, national
   security, emergency management and preparedness, and disaster management
   wireless telecommunications, including ancillary operations related to the
   provision  or  use  of such services. These activities include: policy
   development  and  coordination; conducting rulemaking and adjudicatory
   proceedings, including complaint proceedings for matters not within the
   responsibility of the Enforcement Bureau; acting on waivers of rules; acting
   on applications for service 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. In addition,
   advises and assists public safety entities on wireless telecommunications
   issues and matters related thereto. Administers all authority previously
   delegated  to  the Wireless Telecommunications Bureau (including those
   delegations  expressly  provided  to  the  Public  Safety and Critical
   Infrastructure  Division of the Wireless Telecommunications Bureau) in
   Improving Public Safety Communications in the 800 MHz Band, WT Docket 02–55.

   (g) Conducts studies of public safety, homeland security, national security,
   emergency management and preparedness, disaster management, and related
   issues. Develops and administers recordkeeping and reporting requirements
   for communications companies pertaining to these issues. Administers any
   Commission information collection requirements pertaining to public safety,
   homeland security, national security, emergency management and preparedness,
   disaster management, and related issues.

   (h) Interacts with the public, local, state, and other governmental agencies
   and  industry  groups (including advisory committees and public safety
   organizations  and  associations) on public safety, homeland security,
   national security, emergency management, disaster management and related
   issues. As requested, represents the Commission at meetings and conferences.
   Serves  as  the point of contact for the U.S. Government in matters of
   international  monitoring,  fixed  and  mobile  direction-finding  and
   interference  resolution;  and  oversees  coordination  of non-routine
   communications and materials between the Commission and international or
   regional public organizations or foreign administrations.

   (i)  Maintains  and  operates the Commission's public safety, homeland
   security, national security, emergency management and preparedness, and
   disaster management facilities and operations, including the Communications
   Center, the establishment of any Emergency Operations Center (EOC), and any
   liaison  activities  with  other  federal,  state, or local government
   organizations.

   (j) Reviews and coordinates orders, programs and actions initiated by other
   Bureaus and Offices in matters affecting public safety, homeland security,
   national  security,  emergency  management  and preparedness, disaster
   management and related issues to ensure consistency with overall Commission
   policy. Provides advice to the Commission and other Bureaus and offices
   regarding the public safety, homeland security, national security, emergency
   management, and disaster management implications of existing and proposed
   rules.

   (k) Develops and recommends responses to legislative, regulatory or judicial
   inquiries and proposals concerning or affecting public safety, homeland
   security, national security, emergency management, disaster management and
   related issues. Responses to judicial inquiries should be developed with and
   recommended to the Office of General Counsel.

   (l) Develops and maintains the Commission's plans and procedures, including
   the  oversight, preparation, and training of Commission personnel, for
   Continuity of Operations (COOP), Continuity of Government functions, and
   Commission  activities and responses to national emergencies and other
   similar situations.

   (m)  Acts on emergency requests for Special Temporary Authority during
   non-business hours when the other Offices and Bureaus of the Commission are
   closed. Such actions shall be coordinated with, if possible, and promptly
   reported to the responsible Bureau or Office.

   (n) Maintains liaison with other Bureaus and Offices concerning matters
   affecting public safety, homeland security, national security, emergency
   management and preparedness, disaster management and related issues.

   (o)  Is authorized to declare that a temporary state of communications
   emergency exists pursuant to §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.

   (p) Performs such other functions and duties as may be assigned or referred
   to it by the Commission or the Defense Commissioner.

   [ 71 FR 69035 , Nov. 29, 2006]

Subpart B—Delegations of Authority

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

General

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§ 0.201   General provisions.

   top

   (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 §§0.218 and 0.341.).

   (3) Delegations to review an initial decision. Delegations in this category
   are made to individual commissioners, to panels of commissioners.

   (b) Delegations are arranged in this subpart under headings denoting the
   person, panel, or board to whom authority has been delegated, rather than by
   the categories listed in paragraph (a) of this section.

   (c) Procedures pertaining to the filing and disposition of interlocutory
   pleadings in hearing proceedings are set forth in §§1.291 through 1.298 of
   this chapter. Procedures pertaining to appeals from rulings of the presiding
   officer are set forth in §1.301. Procedures pertaining to reconsideration of
   the  presiding  officer's  rulings are set forth in §1.303. Procedures
   pertaining  to reconsideration and review of actions taken pursuant to
   delegated authority are set forth in §§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 §§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 theFederal Registerand is included in this subpart.

   (2) Functions pertaining to a particular matter or proceeding are delegated
   by order. The order is published in theFederal Registerand 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]

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

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   (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 §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]

§ 0.204   The exercise of delegated authority.

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   (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

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§ 0.211   Chairman.

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   The responsibility for the general administration of internal affairs of the
   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]

§ 0.212   Board of Commissioners.

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   (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 §§0.181–0.186
   and §§0.3810.387.

   [ 30 FR 9314 , July 27, 1965]

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

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   (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

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§ 0.231   Authority delegated.

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

   (j) The Managing Director or his designee is delegated the authority, after
   seeking the opinion of the General Counsel, to determine, in accordance with
   generally  accepted  accounting  principles  for  federal agencies the
   organizations, programs (including funds), and accounts that are required to
   be included in the financial statements of the Commission.

   (k) The Managing Director, or his designee, after seeking the opinion of the
   General Counsel, is delegated the authority to direct all organizations,
   programs (including funds), and accounts that are required to be included in
   the financial statements of the Commission to comply with all relevant and
   applicable federal financial management and reporting statutes.

   (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:   ForFederal Registercitations affecting §0.231, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and on GPO Access.

Chief Engineer

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§ 0.241   Authority delegated.

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   (a)  The performance of functions and activities described in §0.31 is
   delegated  to  the  Chief of the Office of Engineering and Technology:
   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, except that the Chief of the Office of Engineering and Technology
   is  delegated authority to make the revisions to the filing system and
   template necessary to improve the efficiency of reporting and to reduce,
   where reasonably possible, the time for providers to prepare, and for the
   Commission staff to review, the communications disruption reports required
   to be filed pursuant to part 4 of this chapter.

   (2) Petitions for review of actions taken to delegated authority. See §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
   §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 §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 of the Office of Engineering and Technology is delegated
   authority to administer the Equipment Authorization program as described in
   part 2 of this chapter.

   (c) The Chief of the Office of Engineering and Technology is delegated
   authority to administer the Experimental Radio licensing program pursuant to
   part 5 of this chapter.

   (d) The Chief of the Office of Engineering and Technology is delegated
   authority to administer the communications disruption reporting requirements
   that are contained in part 4 of this chapter and to revise the filing system
   and template used for the submission of such reports.

   (e) The Chief of the Office of Engineering and Technology 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.

   (f) The Chief of the Office of Engineering and Technology 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.

   (g) 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 §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.

   (h) 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 §§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
   that TCBs will use for performing post-market surveillance.

   (i) The Chief of the Office of Engineering and Technology is delegated
   authority to make nonsubstantive, editorial revisions to the Commission's
   rules  and  regulations contained in parts 2, 4, 5, 15, and 18 of this
   chapter.

   [ 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;  69 FR 70337 , Dec. 3, 2004]

§ 0.247   Record of actions taken.

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   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 §§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

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§ 0.251   Authority delegated.

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   (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 §0.251 (c) and (d) is contained in the original docket folder, which is
   maintained by the Reference Information Center.

   (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. §154(b)) and the Federal conflict of interest statutes (18
   U.S.C. §§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
   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:   ForFederal Registercitations affecting §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

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

§ 0.261   Authority delegated.

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   (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 §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 §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
   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 §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]

§ 0.262   Record of actions taken.

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   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

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§ 0.271   Authority delegated.

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   (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

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§ 0.283   Authority delegated.

   top

   The Chief, Media Bureau, is delegated authority to perform all functions of
   the Bureau, described in §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]

§ 0.284   Actions taken under delegated authority.

   top

   (a) In discharging the authority conferred by §0.283 of this part, the
   Chief,  Media 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;

   (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) 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.

   (4) Requests involving coordination with other agencies of government—Office
   of General Counsel, Office of Engineering and Technology and appropriate
   operating bureau.

   (5) Proposals involving possible harmful impact on radio astronomy or radio
   research installations—Office of Engineering and Technology.

   (b)  With  respect to non-routine applications granted under authority
   delegated in §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;  71 FR 69036 , Nov. 29, 2006]

§ 0.285   Record of actions taken.

   top

   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

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§ 0.291   Authority delegated.

   top

   The Chief, Wireline Competition Bureau, is hereby delegated authority to
   perform all functions of the Bureau, described in §0.91, subject to the
   following exceptions and limitations.

   (a) Authority concerning applications. (1) The Chief, Wireline Competition
   Bureau shall not have authority to act on any formal or informal common
   carrier applications or section 214 applications for common carrier services
   which are in hearing status.

   (2) The Chief, Wireline Competition Bureau shall not have authority to act
   on any applications or requests which present novel questions of fact, law
   or  policy  which  cannot be resolved under outstanding precedents and
   guidelines.

   (b)  Authority  concerning section 220 of the Act. The Chief, Wireline
   Competition Bureau shall not have authority to promulgate regulations or
   orders prescribing permanent depreciation rates for common carriers, or to
   prescribe interim depreciation rates to be effective more than one year,
   pursuant to section 220 of the Communications Act of 1934, as amended.

   (c) Authority concerning forfeitures. The Chief, Wireline Competition Bureau
   shall not have authority to impose, reduce or cancel forfeitures pursuant to
   Section 203 or Section 503(b) of the Communications Act of 1934, as amended,
   in amounts of more than $80,000.

   (d)  Authority concerning applications for review. The Chief, Wireline
   Competition Bureau shall not have authority to act upon any applications for
   review of actions taken by the Chief, Wireline Competition Bureau, pursuant
   to any delegated authority.

   (e) Authority concerning rulemaking and investigatory proceedings. The
   Chief,  Wireline Competition Bureau, shall not have authority to issue
   notices of proposed rulemaking, notices of inquiry, or reports or orders
   arising  from either of the foregoing, except that the Chief, Wireline
   Competition Bureau, shall have authority, in consultation and coordination
   with the Chief, International Bureau, to issue and revise a manual on the
   details of the reporting requirements for international carriers set forth
   in §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 §§68.160 and 68.162 of this chapter. In addition, the Chief is
   delegated  authority  to develop specific methods that will be used to
   accredit TCBs, to designate TCBs, to make determinations regarding the
   continued acceptability of individual TCBs and to develop procedures that
   TCBs will use for performing post-market surveillance.

   (h) Authority concerning petitions for pricing flexibility. (1) The Chief,
   Wireline Competition Bureau, shall have authority to act on petitions filed
   pursuant to part 69, subpart H, of this chapter for pricing flexibility
   involving special access and dedicated transport services. This authority is
   not subject to the limitation set forth in paragraph (a)(2) of this section.

   (2) The Chief, Wireline Competition Bureau, shall not have authority to act
   on petitions filed pursuant to part 69, subpart H, of this chapter for
   pricing flexibility involving common line and traffic sensitive services.

   (i) Authority concerning schools and libraries support mechanism audits. The
   Chief, Wireline Competition Bureau, shall have authority to address audit
   findings relating to the schools and libraries support mechanism. This
   authority is not subject to the limitation set forth in paragraph (a)(2) of
   this section.

   (Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154, 155,
   303; secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as
   amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47
   U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)

   [ 44 FR 18501 , Mar. 28, 1979]

   Editorial Note:   ForFederal Registercitations affecting §0.291, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and on GPO Access.

§ 0.301   [Reserved]

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§ 0.302   Record of actions taken.

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   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]

§ 0.303   [Reserved]

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§ 0.304   Authority for determinations of exempt telecommunications company
status.

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   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

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§ 0.311   Authority delegated.

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   The  Chief,  Enforcement Bureau, is delegated authority to perform all
   functions of the Bureau, described in §0.111, provided that:

   (a) 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 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.

   [ 64 FR 60721 , Nov. 8, 1999, as amended at  67 FR 13221 , Mar. 21, 2002;  71 FR 69036 , Nov. 29, 2006]

§ 0.314   Additional authority delegated.

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   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.
   To the extent possible, all such actions and determinations shall be made in
   coordination with the Public Safety and Homeland Security Bureau.

   (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 §18.115 of this chapter.

   (g) Act on requests for permission to resume operation of ISM equipment on a
   temporary basis, as provided by §18.115 of this chapter, and requests for
   extensions  of time within which to file final reports, as provided by
   §18.117 of this chapter.

   (h) Issue notices and orders to operators of part 15 devices, as provided in
   §15.5 of this chapter.

   (i) Issue notices and orders to suspend operations to multi-channel video
   programming distributors, as provided in §76.613 of this chapter.

   (j) Issue notices and orders to suspend operations to part 74 licensees, as
   provided in §74.23 of this chapter.

   [ 64 FR 60721 , Nov. 8, 1999, as amended at  67 FR 13221 , Mar. 21, 2002;  71 FR 69036 , Nov. 29, 2006]

§ 0.317   Record of action taken.

   top

   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 §§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

   top

§ 0.331   Authority delegated.

   top

   The Chief, Wireless Telecommunications Bureau, is hereby delegated authority
   to perform all functions of the Bureau, described in §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 §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 §90.35(c)(61) of this chapter and revisions to the Government
   Radiolocation list in §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  §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 §80.373(f) of this chapter
   marine  VHF  frequencies  are  available for intership port operations
   communications in defined port areas.

   [ 60 FR 35506 , July 10, 1995, as amended at  61 FR 26465 , May 28, 1996;  62 FR 40285 , July 28, 1997;  65 FR 43715 , July 14, 2000;  67 FR 63284 , Oct. 11,
   2002;  69 FR 46440 , Aug. 3, 2004]

§ 0.332   Actions taken under delegated authority.

   top

   In  discharging the authority conferred by §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 public safety, homeland security, national security,
   emergency   management   and  preparedness,  and  disaster  management
   communications—the Public Safety and Homeland Security 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;  71 FR 69037 , Nov. 29, 2006]

§§ 0.333-0.337   [Reserved]

   top

Administrative Law Judges

   top

§ 0.341   Authority of administrative law judge.

   top

   (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 §1.291(a)(1) of
   this chapter.

   (2) Those which are to be acted upon by the Chief Administrative Law Judge
   under §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 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]

§ 0.347   Record of actions taken.

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   The official record of all actions taken by an Administrative Law Judge,
   including initial and recommended decisions and actions taken pursuant to
   §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

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§ 0.351   Authority delegated.

   top

   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 §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 §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 §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 §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 §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]

§ 0.357   Record of actions taken.

   top

   The official record of all actions taken by the Chief Administrative Law
   Judge  in  docketed proceedings pursuant to §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]

Consumer and Governmental Affairs Bureau

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§ 0.361   Authority delegated.

   top

   The Chief, Consumer and Governmental Affairs Bureau, is delegated authority
   to perform all functions of the Bureau, described in §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

   top

§ 0.371   Authority delegated.

   top

   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

   top

§ 0.381   Defense Commissioner.

   top

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

   [ 69 FR 30234 , May 27, 2004]

§ 0.383   Emergency Relocation Board, authority delegated.

   top

   (a) During any period in which the Commission is unable to function because
   of the circumstances set forth in §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]

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

   top

   For authority of the Chief of the Public Safety and Homeland Security Bureau
   to declare a temporary communications emergency, see §0.191(o).

   [ 71 FR 69037 , Nov. 29, 2006]

Office of Workplace Diversity

   top

§ 0.391   Authority delegated.

   top

   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]

Public Safety and Homeland Security Bureau

   top

§ 0.392   Authority delegated.

   top

   The Chief, Public Safety and Homeland Security Bureau, is hereby delegated
   authority to perform all functions of the Bureau, described in §0.191,
   subject  to the following exceptions and limitations in paragraphs (a)
   through (e) of this section.

   (a) The Chief, Public Safety and Homeland Security Bureau shall not have
   authority  to  act  on any applications or requests that present novel
   questions of fact, law or policy that cannot be resolved under outstanding
   precedents and guidelines.

   (b) The Public Safety and Homeland Security Bureau shall not have authority
   to act upon any applications for review of actions taken by the Chief,
   Public  Safety and Homeland Security Bureau, pursuant to any delegated
   authority.

   (c) The Public Safety and Homeland Security Bureau shall not have authority
   to  act  upon  any formal or informal radio application or section 214
   application for common carrier services which is in hearing status.

   (d) The Public Safety and Homeland Security 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 for common carrier providers and $20,000 for non-common carrier
   providers.

   (e) The Chief, Public Safety and Homeland Security 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 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.

   (f)  The  Chief, Public Safety and Homeland Security Bureau or her/his
   designee  has  the authority to rule on emergency requests for Special
   Temporary Authority during non-business hours. Action on emergency requests
   for Special Temporary Authority during non-business hours shall be promptly
   reported to the responsible Bureau or Office.

   (g) The Chief, Public Safety and Homeland Security Bureau is authorized to
   declare that a temporary state of communications emergency exists pursuant
   to §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.

   (h)  The  Chief, Public Safety and Homeland Security 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 Public Safety and Homeland Security Bureau. Before
   issuing a subpoena, the Bureau shall obtain the approval of the Office of
   General Counsel.

   [ 71 FR 69037 , Nov. 29, 2006, as amended at  72 FR 39760 , July 20, 2007]

Subpart C—General Information

   top

General

   top

§ 0.401   Location of Commission offices.

   top

   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 §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 at
   236 Massachusetts Avenue, NE., Washington, DC 20002.

   (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:

   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 §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 §§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 (§§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;  71 FR 15618 , Mar. 29, 2006]

§ 0.403   Office hours.

   top

   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]

§ 0.405   Statutory provisions.

   top

   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]

§ 0.406   The rules and regulations.

   top

   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
   §§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 §1.8 is followed by §1.10; in
   this case, parts 3 and 4 and §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, §1.1 is the first section of part 1 and §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, §1.511 is not located
   between §§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 §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 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 §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 E, of this chapter
   contains general rules and procedures applicable to common carriers. 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. 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 (§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.

   (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]

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

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   (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, Public Law No. 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. Notwithstanding 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 or
   e-mail to PRA@fcc.gov. 

   (b) Display. 
   OMB
   control No. FCC form number or 47 CFR section or part,
   docket number or title identifying the collection OMB expiration date
   3060–0004  Guidelines  for  Evaluating  the  Environmental  Effects of
   Radiofrequency Radiation, ET Docket No. 93–62 03/31/08.
   3060–0009 FCC 316 08/31/08.
   3060–0010 FCC 323 01/31/09.
   3060–0016 FCC 346 05/31/08.
   3060–0017 FCC 347 06/30/06.
   3060–0024 Sec. 76.29 10/31/07.
   3060–0027 FCC 301 09/30/08.
   3060–0029 FCC 302–TV Pending OMB Approval.
   3060–0031 FCC 314, FCC 315 08/31/08.
   3060–0034 FCC 340 03/31/06.
   3060–0053 FCC 703 08/31/08.
   3060–0055 FCC 327 11/30/06.
   3060–0056 Part 68 04/30/08.
   3060–0057 FCC 731 12/31/08.
   3060–0059 FCC 740 12/31/06.
   3060–0061 FCC 325 12/31/08.
   3060–0065 FCC 442 06/30/08.
   3060–0068 FCC 702 08/31/08.
   3060–0075 FCC 345 09/30/08.
   3060–0076 FCC 395 Pending OMB Approval.
   3060–0084 FCC 323–E 06/30/08.
   3060–0093 FCC 405 01/31/09.
   3060–0095 FCC 395–A 03/31/08.
   3060–0106 Sec. 43.61 07/31/07.
   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 12/31/08.
   3060–0132 FCC 1068–A 03/31/07.
   3060–0139 FCC 854 and 854–R 10/31/08.
   3060–0147 Sec. 64.804 1/31/09.
   3060–0149 Part 63, Section 214, Secs. 63.0163.601 04/30/08.
   3060–0157 Sec. 73.99 05/31/06.
   3060–0161 Sec. 73.61 06/30/06.
   3060–0166 Part 42 08/31/07.
   3060–0168 Sec. 43.43 09/30/06.
   3060–0169 Secs. 43.51 and 43.53 08/31/08.
   3060–0170 Sec. 73.1030 03/31/08.
   3060–0171 Sec. 73.1125 03/31/08.
   3060–0173 Sec. 73.1207 11/30/07.
   3060–0174 Sec. 73.1212, 76.1615, and 76.1715 Pending OMB Approval.
   3060–0175 Sec. 73.1250 07/31/08.
   3060–0176 Sec. 73.1510 04/30/06.
   3060–0178 Sec. 73.1560 01/31/09.
   3060–0179 Sec. 73.1590 11/30/07.
   3060–0180 Sec. 73.1610 01/31/08.
   3060–0181 Sec. 73.1615 01/31/09.
   3060–0182 Sec. 73.1620 07/31/07.
   3060–0184 Sec. 73.1740 01/31/08.
   3060–0185 Sec. 73.3613 04/30/08.
   3060–0187 Sec. 73.3594 03/31/07.
   3060–0188 FCC 380 01/31/08.
   3060–0190 Sec. 73.3544 03/31/07.
   3060–0192 Sec. 87.103 07/31/07.
   3060–0202 Sec. 87.37 10/31/06.
   3060–0204 Sec. 90.20(a)(2)(v) 01/31/09.
   3060–0206 Part 21 11/30/07.
   3060–0207 Part 11 Pending OMB approval.
   3060–0208 Sec. 73.1870 08/31/06.
   3060–0211 Sec. 73.1943 12/31/07.
   3060–0212 Sec. 73.2080 12/31/06.
   3060–0213 Sec. 73.3525 02/28/07.
   3060–0214 Sec. 73.3526 Pending OMB Approval.
   3060–0215 Sec. 73.3527 07/31/08.
   3060–0216 Sec. 73.3538 01/31/08.
   3060–0219 Sec. 90.20(a)(2)(xi) 11/30/08.
   3060–0221 Sec. 90.155 01/31/08.
   3060–0222 Sec. 97.213 10/31/06.
   3060–0223 Sec. 90.129 01/31/09.
   3060–0228 Sec. 80.59 07/31/07.
   3060–0233 Part 36 09/30/06.
   3060–0236 Sec. 74.703 08/31/08.
   3060–0248 Sec. 74.751 05/31/08.
   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 04/30/07.
   3060–0262 Sec. 90.179 04/30/08.
   3060–0264 Sec. 80.413 10/31/06.
   3060–0265 Sec. 80.868 07/31/07.
   3060–0270 Sec. 90.443 01/31/07.
   3060–0281 Sec. 90.651 06/30/07.
   3060–0286 Sec. 80.302 04/30/07.
   3060–0287 Sec. 78.69 04/30/08.
   3060–0288 Sec. 78.33 04/30/06.
   3060–0289 Secs. 76.601, 76.1704, 76.1705, and 76.1717 07/31/08.
   3060–0290 Sec. 90.517 05/31/08.
   3060–0291 Sec. 90.477(a), (b)(2), (d)(2) and (d)(3) 07/31/08.
   3060–0292 Part 69 01/31/07.
   3060–0295 Secs. 90.607(b)(1) and (c)(1) 03/31/07.
   3060–0297 Sec. 80.503 10/31/06.
   3060–0298 Part 61 05/31/08.
   3060–0307 Amendment of Part 90 of the Commission's Rules to Facilitate
   Future Development of SMR Systems in the 800 MHz Frequency Band 10/31/06.
   3060–0308 Sec. 90.505 04/30/07.
   3060–0309 Sec. 74.1281 09/30/08.
   3060–0310 FCC 322 12/31/06.
   3060–0311 Sec. 76.54 05/31/08.
   3060–0313 Sec. 76.1701 12/31/07.
   3060–0315 Sec. 76.1615 and 76.1715 03/31/06.
   3060–0316 Sec. 76.1700, 76.1703, 76.1704, 76.1707, and 76.1711 03/31/08.
   3060–0320 Sec. 73.1350 06/30/07.
   3060–0325 Sec. 80.605 09/30/08.
   3060–0329 Sec. 2.955 01/31/09.
   3060–0331 FCC 321 12/31/06.
   3060–0332 Secs. 76.614 and 76.1706 02/29/08.
   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 03/31/07.
   3060–0347 Sec. 97.311 01/31/09.
   3060–0349 Equal Employment Opportunity Requirements 12/31/06.
   3060–0355 FCC 492 and FCC 492A 07/31/07.
   3060–0357 Request for Designation as a Recognized Private Operating Agency
   (RPOA). 09/30/08.
   3060–0360 Sec. 80.409 11/30/07.
   3060–0370 Part 32 04/30/08.
   3060–0374 Sec. 73.1690 01/31/08.
   3060–0384 Secs. 64.904 and 64.905 03/31/08.
   3060–0386 Sec. 73.1635 06/30/08.
   3060–0387 Sec. 15.201(d) 03/31/06.
   3060–0390 FCC 395–B 03/31/08.
   3060–0391  Program  to Monitor the Impact of Universal Service Support
   Mechanisms, CC Docket Nos. 98–202 and 96–45. 05/31/08.
   3060–0392 47 CFR Part 1, Subpart J, Pole Attachment Complaint Procedures
   01/31/07.
   Complaint Procedures 3060–0394 Sec. 1.420 09/30/08.
   3060–0395 FCC Reports 43–02, FCC 43–05 and FCC 43–07 04/30/08.
   3060–0397 Sec. 15.7(a) 12/31/06.
   3060–0398 Secs. 2.948 and 15.117(g)(2) 04/30/06.
   3060–0400 Tariff Review Plan 05/31/06.
   3060–0404 FCC 350 05/31/08.
   3060–0405 FCC 349 03/31/06.
   3060–0407 Sec. 73.3598 12/31/08.
   3060–0410 FCC 495A and FCC 495B 04/30/08.
   3060–0411 FCC 485 06/30/07.
   3060–0414 Terrain Shielding Policy 02/28/07.
   3060–0419 Secs. 76.94, 76.95, 76.105, 76.106, 76.107, and 76.1609 08/31/08.
   3060–0422 Sec. 68.5 11/30/07.
   3060–0423 Sec. 73.3588 11/30/08.
   3060–0427 Sec. 73.3523 02/28/07.
   3060–0430 Sec. 1.1206 04/30/08.
   3060–0433 FCC 320 06/30/08.
   3060–0434 Sec. 90.20(e)(6) 05/31/08.
   3060–0435 Sec. 80.361 01/31/09.
   3060–0436  Equipment Authorization, Cordless Telephone Security Coding
   03/31/06.
   3060–0439 Sec. 64.201 12/31/07.
   3060–0441 Sec. 90.621(b)(4) 10/31/06.
   3060–0454 Regulation of International Accounting Rates 10/31/08.
   3060–0463  Telecommunications  Relay  Services  and the Americans with
   Disabilities Act of 1990, 47 CFR Part 64 06/30/06.
   3060–0465 Sec. 74.985 01/31/07.
   3060–0466 Sec. 74.1283 05/31/06.
   3060–0470 Secs. 64.901 and 64.903, Allocation of Cost, Cost Allocation
   Manual and RAO Letters 19 and 26 03/31/08.
   3060–0473 Sec. 74.1251 12/31/08.
   3060–0474 Sec. 74.1263 05/31/06.
   3060–0483 Sec. 73.687 12/31/06.
   3060–0484  Part  4 of the Commission's Rules Concerning Disruptions to
   Communications 12/31/07.
   3060–0489 Sec. 73.37 03/31/07.
   3060–0490 Sec. 74.902 04/30/07.
   3060–0491 Sec. 74.991 04/30/07.
   3060–0492 Sec. 74.992 04/30/07.
   3060–0493 Sec. 74.986 04/30/07.
   3060–0494 Sec. 74.990 04/30/07.
   3060–0496 FCC Report 43–08 03/31/07.
   3060–0500 Sec. 76.1713 12/31/07.
   3060–0501 Secs. 73.1942, 76.206 and 76.1611 01/31/09.
   3060–0506 FCC 302–FM 06/30/06.
   3060–0508 Rewrite of Part 22 12/31/07.
   3060–0511 FCC Report 43–04 04/30/08.
   3060–0512 FCC Report 43–01 Pending OMB Approval.
   3060–0513 FCC Report 43–03 Pending OMB Approval.
   3060–0514 Sec. 43.21(b) 05/31/06.
   3060–0515 Sec. 43.21(c) 09/30/08.
   3060–0519  Rules  and  Regulations Implementing the Telephone Consumer
   Protection Act of 1991, CG Docket No. 02–278 12/31/07.
   3060–0526 Density Pricing Zone Plans, Expanded Interconnection with Local
   Telephone Company Facilities, CC Docket No. 91–141 10/31/08.
   3060–0531 Local Multipoint Distribution Service (LMDS) 01/31/07.
   3060–0532 Secs. 2.1033(b)(10) and 15.121 12/31/08.
   3060–0537 Sec. 13.217 05/31/08.
   3060–0546  Definition  of Markets for Purposes of the Cable Television
   Mandatory Television Broadcast Signal Carriage Rules 04/30/06.
   3060–0548 Secs. 76.1708, 76.1709, 76.1620, 76.56, and 76.1614 08/31/08.
   3060–0550 FCC 328 12/31/08.
   3060–0551 Secs. 76.1002 and 76.1004 03/31/07.
   3060–0560 Sec. 76.911 10/31/07.
   3060–0561 Sec. 76.913 01/31/07.
   3060–0562 Sec. 76.916 07/31/07.
   3060–0564 Sec. 76.924 04/30/06.
   3060–0565 Sec. 76.944 01/31/07.
   3060–0567 Sec. 76.962 03/31/08.
   3060–0568 Commercial Leased Access Rates, Terms, & Conditions 10/31/06.
   3060–0569 Sec. 76.975 10/31/06.
   3060–0570 Sec. 76.982 07/31/07.
   3060–0572 Filing Manual for Annual International Circuit Status Reports
   07/31/07.
   3060–0573 FCC 394 06/30/06.
   3060–0580 Secs. 76.504 and 76.1710 12/31/06.
   3060–0581 Sec. 76.503 11/30/06.
   3060–0584 FCC 44 and FCC 45 Pending OMB Approval.
   3060–0589 FCC 159, FCC 159–B, FCC 159–C, and FCC 159–E 06/30/08.
   3060–0594 FCC 1220 11/30/07.
   3060–0595 FCC 1210 03/31/06.
   3060–0599 Implementation of Sections 3(n) and 332 of the Communications Act
   01/31/07.
   3060–0600 FCC 175 05/31/08.
   3060–0601 FCC 1200 11/30/07.
   3060–0607 Sec. 76.922 01/31/07.
   3060–0609 Sec. 76.934(e) 01/31/08.
   3060–0611 Sec. 74.783 12/31/06.
   3060–0621 Rules and Requirements for C & F Block Broadband PCS Licenses
   07/31/07.
   3060–0625 Amendment of the Commission's Rules to Establish New Personal
   Communications Services under Part 24 03/31/07.
   3060–0626 Secs. 90.168, 90.425 and 90.483 12/31/07.
   3060–0627 FCC 302–AM 06/30/06.
   3060–0633 Secs. 73.1230, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832,
   74.965 and 74.1265 11/30/07.
   3060–0634 Sec. 73.691 04/30/07.
   3060–0636 Equipment Authorization—Declaration of Compliance—Parts 2 and 15
   Pending OMB Approval.
   3060–0638 Sec. 76.934(g) 05/31/08.
   3060–0644 FCC 1230 Pending OMB Approval.
   3060–0645 Sec. 17.4 Pending OMB Approval.
   3060–0647 Annual Survey of Cable Industry Prices Pending OMB Approval.
   3060–0649 Secs. 76.1601, 76.1617, 76.1697 and 76.1708 02/29/08.
   3060–0652 Secs. 76.309, 76.1602, 76.1603, and 76.1619 04/30/08.
   3060–0653 Secs. 64.703(b) and (c) 05/31/08.
   3060–0655 Request for Waivers of Regulatory and Application Fees Predicated
   on Allegations of Financial Hardship 05/31/07.
   3060–0658 Sec. 27.1213 03/31/08.
   3060–0665 Sec. 64.707 12/31/07.
   3060–0667 Secs. 76.630, 76.1621, and 76.1622 04/30/08.
   3060–0668 Sec. 76.936 03/31/08.
   3060–0669 Sec. 76.946 05/31/08.
   3060–0673 Sec. 76.956 03/31/08.
   3060–0674 Sec. 76.1618 10/31/08.
   3060–0678 FCC 312 Schedule S Pending OMB Approval.
   3060–0681  Toll-Free  Service  Access Codes, Part 52, Subpart D, Secs.
   52.101–52.111 12/31/06.
   3060–0684 Amendment to the Commission's Rules Regarding a Plan for Sharing
   the Costs of Microwave Relocation, WT Docket No. 95–157 04/30/07.
   3060–0685 FCC 1240 01/31/08.
   3060–0686 Streamlining the International Section 214 Authorization Process
   and Tariff Requirements Pending OMB Approval.
   3060–0687 Access to Telecommunications Equipment and Services by Persons
   with Disabilities, CC Docket No. 87–124 Pending OMB Approval.
   3060–0688 FCC 1235 01/31/08.
   3060–0690  Rules  Regarding  the 37.0–38.6 GHz and 38.640.0 GHz Bands
   02/28/06.
   3060–0691 Amendment of Parts 2 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 04/30/07.
   3060–0692 Home Wiring Provisions 03/31/07.
   3060–0695 Sec. 87.219 01/31/09.
   3060–0697 Facilitating the Future Development of Paging Systems via Parts 22
   and 90 04/30/07.
   3060–0698 Amendment of the Commission's Rules to Establish a Radio Astronomy
   Coordination Zone in Puerto Rico, ET Docket No. 96–2 11/30/07.
   3060–0700 FCC 1275 08/31/07.
   3060–0702 Amendment of Parts 20 and 24 of the Commission's Rules, Broadband
   PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap
   03/31/07.
   3060–0703 FCC 1205 04/30/06.
   3060–0704  Policy  and  Rules Concerning the Interstate, Interexchange
   Marketplace; Implementation of Section 254(g) of the Communications Act of
   1934, as amended, CC Docket No. 96–61 01/31/09.
   3060–0706 Cable Act Reform 10/31/08.
   3060–0707 Over-the-Air Reception Devices (OTARD) 08/31/08.
   3060–0710  Policy and Rules Concerning the Implementation of the Local
   Competition Provisions in the Telecommunications Act of 1996—CC Docket No.
   96–98 10/31/06.
   3060–0711 Implementation of 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 12/31/06.
   3060–0713  Alternative  Broadcast Inspection Program (ABIP) Compliance
   Notification 07/31/08.
   3060–0715 Telecommunications Carriers' Use of Customer Proprietary Network
   Information (CPNI) and Other Customer Information—CC Docket No. 96–115
   05/31/08.
   3060–0716 Blanketing Interference 11/30/06.
   3060–0717 Billed Party Preference for InterLATA 0+ Calls, Secs. 64.703(a),
   64.709, and 64.710 06/30/08.
   3060–0718  Part  101 Governing the Terrestrial Microwave Radio Service
   03/31/06.
   3060–0719 Quarterly Report of IntraLATA Carriers Listing Pay Phone Automatic
   Number Identifications (ANIs) 12/31/06.
   3060–0723  Public  Disclosure of Network Information by Bell Operating
   Companies 12/31/06.
   3060–0725 Quarterly Filing of Nondiscrimination Reports (on Quality of
   Service, Installation, and Maintenance) by Bell Operating Companies (BOC's)
   09/30/06.
   3060–0726 Quarterly Report of Interexchange Carriers Listing the Number of
   Dial-Around Calls for Which Compensation is Being Paid to Pay Phone Owners
   09/30/06.
   3060–0727 Sec. 73.213 02/28/07.
   3060–0734 Accounting Safeguards, 47 U.S.C. Sections 260, 271–276, and 47 CFR
   Secs. 53.211 and 53.213 06/30/08.
   3060–0737 Disclosure Requirements for Information Services Provided Under a
   Presubscription or Comparable Arrangement 05/31/06.
   3060–0740 Sec. 95.1015 01/31/09.
   3060–0741  Implementation  of  the Local Competition Provisions on the
   Telecommunications Act of 1996—CC Docket No. 96–98 06/30/07.
   3060–0742  Telephone  Number  Portability,  Part  52, Subpart C, Secs.
   52.21–52.33 and CC Docket No. 95–116 11/30/08.
   3060–0743  Implementation  of  the  Pay Telephone Reclassification and
   Compensation Provisions of the Telecommunications Act of 1996—CC Docket No.
   96–128 01/31/07.
   3060–0745 Implementation of the Local Exchange Carrier Tariff Streamlining
   Provisions of the Telecommunications Act of 1996, CC Docket No. 96–187
   12/31/06.
   3060–0748 Sec. 64.1504 11/30/06.
   3060–0749 Sec. 64.1509 11/30/06.
   3060–0750 Secs. 73.671 and 73.673 07/31/08.
   3060–0751 Reports Concerning International Private Lines Interconnected to
   the U.S. Public Switched Network 01/31/09.
   3060–0752 Sec. 64.1510 11/30/06.
   3060–0754 FCC 398 11/30/07.
   3060–0755 Infrastructure Sharing, Secs. 59.159.4 05/31/06.
   3060–0757 FCC Auctions Customer Survey 01/31/07.
   3060–0758  Amendment of Part 5 of the Commission's Rules to Revise the
   Experimental Radio Service Regulations, ET Docket No. 96–256 12/31/06.
   3060–0760 Access Charge Reform, CC Docket No. 96–262 Pending OMB Approval.
   3060–0761 Sec. 79.1 12/31/08.
   3060–0763 FCC Report 43–06 04/30/06.
   3060–0767 Auction Forms and License Transfer Disclosures—Supplement for the
   2nd Order on Reconsideration of the 5th R&O in WT Docket No. 97–82 05/31/08.
   3060–0768 28 GHz Band 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 01/31/09.
   3060–0770 Price Cap Performance Review for Local Exchange Carriers—CC Docket
   No. 94–1 (New Services) 11/30/08.
   3060–0771 Sec. 5.61 06/30/07.
   3060–0773 Sec. 2.803 12/31/06.
   3060–0774 Federal-State Joint Board on Universal Service—CC Docket No.
   96–45, and 47 CFR Part 54 12/31/07.
   3060–0775 Separate Affiliate Requirements for Independent Local Exchange
   Carrier (LEC) Provisions of International, Interexchange Services (Secs.
   64.1901–64.1903) 12/31/06.
   3060–0779 Amendment of Part 90 of the Commission's Rules to Provide for Use
   of the 220 MHz Band by the Private Land Mobile Radio Service, PR Docket No.
   89–552 07/31/07.
   3060–0780 Uniform Rate-Setting Methodology 02/28/07.
   3060–0782 Petition for Limited Modification of LATA Boundaries to Provide
   Expanded Local Calling Service (ELCS) at Various Locations 01/31/07.
   3060–0783 Sec. 90.176 01/31/09.
   3060–0786 Petitions for LATA Association Changes by Independent Telephone
   Companies 01/31/07.
   3060–0787 Implementation of Subscriber Carrier Selection Changes Provisions
   of  the  Telecommunications Act of 1996; Policies and Rules Concerning
   Unauthorized Changes of Consumers Long Distance 11/30/07.
   3060–0788 DTV Showings/Interference Agreements 03/31/08.
   3060–0790 Sec. 68.110(c) 11/30/06.
   3060–0791  Accounting  for  Judgments  and Other Costs Associated with
   Litigation, CC Docket No. 93–240 11/30/06.
   3060–0793 Federal-State Joint Board on Universal Service, Procedures for
   Self-Certifying as a Rural Carrier, CC Docket No. 96–45 09/30/08.
   3060–0795 FCC 606 07/31/08.
   3060–0798 FCC 601 06/30/08.
   3060–0799 FCC 602 03/31/08.
   3060–0800 FCC 603 07/31/08.
   3060–0804 FCC 465, FCC 466, FCC 466–A, and FCC 467 06/30/08.
   3060–0805 Secs. 90.523, 90.527, and 90.545 06/30/08.
   3060–0806 FCC 470 and FCC 471 11/30/07.
   3060–0807 Sec. 51.803 and Supplemental Procedures for Petitions to Section
   252(e)(5) of the Communications Act of 1934, as amended 06/30/07.
   3060–0809  Communications  Assistance  for Law Enforcement Act (CALEA)
   08/31/06.
   3060–0810 Procedures for Designation of Eligible Telecommunications Carriers
   Pursuant to Section 214(e)(6) of the Communications Act of 1934, as amended
   05/31/06.
   3060–0812 Exemption from Payment of Regulatory Fees When Claiming Non-Profit
   Status 01/31/09.
   3060–0813 Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Calling Systems Pending OMB Approval.
   3060–0814 Sec. 54.301 03/31/08.
   3060–0816 Local Competition and Broadband Reporting, WC Docket No. 04–141,
   FCC 04–266 and FCC 477 05/31/08.
   3060–0817 Computer III Further Remand Proceedings: BOC Provision of Enhanced
   Services (ONA Requirements), CC Docket No. 95–20 09/30/06.
   3060–0819 Lifeline Assistance (Lifeline) Connection Assistance (Link-Up)
   Reporting  Worksheet  and  Instructions, 47 CFR 54.40054.417, FCC 497
   05/31/08.
   3060–0823 Pay Telephone Reclassification, Memorandum Opinion and Order, CC
   Docket No. 96–128 05/31/08.
   3060–0824 FCC 498 07/31/06.
   3060–0833 Implementation of Section 255 of the Telecommunications Act of
   1996: Complaint Filings/Designation of Agents 03/31/08.
   3060–0835 Ship Inspections, FCC 806, FCC 824, FCC 827 and FCC 829 Pending
   OMB Approval.
   3060–0837 FCC 302–DTV 01/31/08.
   3060–0841 Public Notice, Additional Processing Guidelines for DTV 04/30/08.
   3060–0844 Carriage of the Transmissions of Digital Television Broadcast
   Stations 01/31/08.
   3060–0848   Deployment   of   Wireline   Services   Offering  Advanced
   Telecommunications Capability—CC Docket No. 98–147 Pending OMB Approval.
   3060–0849 Commercial Availability of Navigation Devices 09/30/08.
   3060–0850 FCC 605 06/30/08.
   3060–0853 FCC 479, FCC 486, and FCC 486–T 01/31/07.
   3060–0854 Truth-in-Billing Format, CC Docket No. 98–170 09/30/08.
   3060–0855 FCC 499–A, and FCC 499–Q 03/31/07.
   3060–0856 FCC 472, FCC 473, and FCC 474 01/31/07.
   3060–0859 Suggested Guidelines for Petitions for Ruling under Section 253 of
   the Communications Act 06/30/06.
   3060–0862 Handling Confidential Information 06/30/08.
   3060–0863 Satellite Delivery of Network Signals to Unserved Households for
   Purposes of the Satellite Home Viewer Act (SHVA) Pending OMB Approval.
   3060–0865 Wireless Telecommunications Bureau Universal Licensing System
   Recordkeeping and Third-Party Disclosure Requirements 03/31/07.
   3060–0874 FCC 475, FCC 475B 11/30/08.
   3060–0876 USAC Board of Directors Nomination Process, Sec. 54.703 and Review
   of Administrator's Decision, Secs. 54.71954.725 06/30/06.
   3060–0881 Sec. 95.861 09/30/08.
   3060–0882 Sec. 95.833 01/31/09.
   3060–0888 Secs. 76.7, 76.9, 76.61, 76.914, 76.1003, 76.1302, and 76.1513
   05/31/08.
   3060–0893 Universal Licensing Service (ULS) Pre-Auction Database Corrections
   02/28/07.
   3060–0894 Certification Letter Accounting for Receipt of Federal Support, CC
   Docket Nos. 96–45 and 96–262 06/30/07.
   3060–0895 FCC 502 03/31/07.
   3060–0896 Broadcast Auction Form Exhibits 12/31/08.
   3060–0897 MDS and ITFS Two-Way Transmissions 07/31/07.
   3060–0900 Compatibility of Wireless Services with Enhanced 911–CC Docket No.
   94–102 03/31/06.
   3060–0901 Reports of Common Carriers and Affiliates Pending OMB Approval.
   3060–0905 Regulations for RF Lighting Devices, Secs. 18.213 and 18.307, ET
   Docket No. 98–42 11/30/08.
   3060–0906 FCC 317 07/31/06.
   3060–0910 Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems, Third Report and Order in CC Docket
   No. 94–102 05/31/06.
   3060–0912 Cable Attribution Rules 10/31/06.
   3060–0914 Petition, Pursuant to Section 7 of the Act, for a Waiver of the
   Airborne Cellular Rule, or, in the Alternative, for a Declaratory Ruling
   05/31/07.
   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 08/31/08.
   3060–0921 Petitions for LATA Boundary Modification for the Deployment of
   Advanced Services 10/31/06.
   3060–0922 FCC 397 11/30/06.
   3060–0926 Transfer of the 4.9 GHz Band from Federal Government Use to the
   Private Sector—NPRM 07/31/07.
   3060–0927  Auditor's Annual Independence and Objectivity Certification
   05/31/06.
   3060–0928 FCC 302–CA 02/28/07.
   3060–0930  Implementation of the 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 06/30/06.
   3060–0931 Maritime Mobile Service Identity (MMSI) 06/30/06.
   3060–0932 FCC 301–CA 05/31/08.
   3060–0933 FCC 460 11/30/06.
   3060–0936 Secs. 95.1215 and 95.1217 09/30/06.
   3060–0937 Establishment of a Class A Television Service, MM Docket No. 00–10
   08/31/07.
   3060–0938 FCC 319 10/31/06.
   3060–0939 E911, Second Memorandum Opinion and Order 08/31/07.
   3060–0942 Access Charge Reform, Price Cap Performance Review for Local
   Exchange Carriers, Low-Volume Long Distance Users, Federal-State Joint Board
   on Universal Service 03/31/07.
   3060–0943 Sec. 54.809 12/31/06.
   3060–0944 Review of Commission Consideration of Applications Under the Cable
   Landing License Act Pending OMB Approval.
   3060–0945 Sec. 79.2 01/31/07.
   3060–0947 Sec. 101.1327 02/28/07.
   3060–0948 Noncommercial Educational Applicants 06/30/07.
   3060–0949 FCC 159–W 10/31/06.
   3060–0950 Extending Wireless Telecommunications Services to Tribal Lands, WT
   Docket No. 99–266 06/30/07.
   3060–0951 Service of Petitions for Preemption, 47 CFR Sec. 1.1204(b) Note,
   and Sec. 1.1206(a) Note 1 01/31/07.
   3060–0952 Proposed Demographic Information and Notifications, CC Docket Nos.
   98–147 and 96–98 01/31/07.
   3060–0953 Wireless Medical Telemetry Service, ET Docket No. 99–255 04/30/07.
   3060–0955 2 GHz Mobile Satellite Service Reports 02/28/07.
   3060–0957 Wireless Enhanced 911 Service 11/30/07.
   3060–0960 Secs. 76.122, 76.123, 76.124 and 76.127 05/31/08.
   3060–0962 Redesignation of the 18 GHz Frequency Band, Blanket Licensing of
   Satellite Earth Stations in the Ka-Band, and the Allocation of Additional
   Spectrum for Broadcast Satellite Service Use 11/30/08.
   3060–0963 Secs. 101.527 and 101.529 08/31/07.
   3060–0966 Secs. 80.385, 80.475, and 97.303 01/31/09.
   3060–0967 Sec. 79.2 11/30/07.
   3060–0968 FCC 501 11/30/07.
   3060–0970 Sec. 90.621 06/30/07.
   3060–0971 Numbering Resource Optimization, CC Docket Nos. 96–98 and 99–200
   11/30/07.
   3060–0972 FCC 507, FCC 508 and FCC 509 11/30/07.
   3060–0973 Sec. 64.1120(e) 12/31/07.
   3060–0975 Promotion of Competitive Networks in Local Telecommunications
   Markets Multiple Environments (47 CFR Parts 1, 64 and 68) 11/30/07.
   3060–0978 Sec. 20.18 and Fourth Report and Order Pending OMB Approval.
   3060–0979 Spectrum Audit Letter 06/30/06.
   3060–0980  Implementation  of  the Satellite Home Viewer Extension and
   Reauthorization Act of 2004 (SHVERA), Broadcast Signal Carriage Issues,
   Retransmission Consent Issues 06/30/08.
   3060–0981 1998 Biennial Review: Streamlining of Cable Television Services,
   Part 76, Public File and Notice Requirements 11/30/07.
   3060–0982  Implementation  of Low Power Television (LPTV) Digital Data
   Services Pilot Project 01/31/08.
   3060–0984 Secs. 90.35(b)(2) and 90.175(b)(1) 07/31/07.
   3060–0986 FCC 525 06/30/08.
   3060–0987 911 Callback Capability: Non-initialized Phones 10/31/08.
   3060–0989 Procedures for Applicants Requiring Section 214 Authorization for
   Domestic Interstate Transmission Lines Acquired Through Corporate Control,
   Secs. 63.01, 63.03 and 63.04 11/30/08.
   3060–0991 AM Measurement Data 05/31/08.
   3060–0992 Secs. 54.507(d)(1)–(4) and CC Docket No. 96–45 01/31/08.
   3060–0994 Flexibility for Delivery of Communications by Mobile Satellite
   Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band
   01/31/07.
   3060–0995 Sec. 1.2105(c) 05/31/08.
   3060–0996 AM Auction Section 307(b) Submissions 05/31/08.
   3060–0997 Sec. 52.15(k) 05/31/08.
   3060–0998 Sec. 87.109 03/31/08.
   3060–0999 Exemption of Public Mobile Service Phones from the Hearing Aid
   Compatibility Act 06/30/07.
   3060–1000 Sec. 87.147 01/31/08.
   3060–1001 FCC 337 05/31/08.
   3060–1003 Telecommunications Carrier Emergency Contact Information 04/30/08.
   3060–1004 Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems 05/31/06.
   3060–1005 Numbering Resource Optimization—Phase 3 06/30/08.
   3060–1007 Streamlining and Other Revisions of Part 25 of the Commission's
   Rules 11/30/07.
   3060–1008  Reallocation  and  Service  Rules  for the 698–746 MHz Band
   (Television Channels 52–59) 11/30/08.
   3060–1009 FCC 499–M 01/31/09.
   3060–1012 Schools and Libraries Universal Service Support Mechanism, CC
   Docket No. 02–6, NPRM, Proposed ADA Certification 06/30/08.
   3060–1013 Mitigation of Orbital Debris 04/30/08.
   3060–1014 Ku-Band NGSO FSS Pending OMB Approval.
   3060–1015  Ultra Wideband Transmission Systems Operating Under Part 15
   Pending OMB Approval.
   3060–1021 Sec. 25.139 11/30/08.
   3060–1022 Sec. 101.1403 01/31/09.
   3060–1023 Sec. 101.103 01/31/09.
   3060–1024 Sec. 101.1413 01/31/09.
   3060–1025 Sec. 101.1440 01/31/09.
   3060–1026 Sec. 101.1417 01/31/09.
   3060–1027 Sec. 27.602 03/31/06.
   3060–1028 International Signaling Point Code (ISPC) 10/31/08.
   3060–1029 Data Network Identification Code (DNIC) 10/31/08.
   3060–1030 Service Rules for Advanced Wireless Services (AWS) in the 1.7 GHz
   and 2.1 GHz Bands 01/31/09.
   3060–1031 Revision of the Commission's Rules to Ensure Compatibility with
   Enhanced 911 Emergency Calling Systems—Petition of City of Richardson, TX;
   Order on Reconsideration II 08/31/06.
   3060–1032 Commercial Availability of Navigation Devices and Compatibility
   Between Cable Systems and Consumer Electronics Equipment, CS Docket No.
   97–80 and PP Docket No. 00–67 03/31/07.
   3060–1033 FCC 396–C 07/31/07.
   3060–1034  Digital  Audio Broadcasting Systems and Their Impact on the
   Terrestrial Radio Broadcast Service 03/31/07.
   3060–1035 FCC 309, FCC 310 and FCC 311 01/31/09.
   3060–1036 Potential Reporting Requirements on Local Exchange Carriers to
   Assist Expeditious Implementation of Wireless E911 Service 05/31/06.
   3060–1038 Digital Television Transition Information Questionnaires 02/28/07.
   3060–1039 FCC 620 and FCC 621 01/31/08.
   3060–1040 Broadcast Ownership Rules, Report and Order in MB Docket No.
   02–777 and MM Docket Nos. 02–235, 02–237, and 00–244 04/30/07.
   3060–1041 Remedial Measures for Failure to Construct Digital Television
   Stations (DTV Policy Statement) 09/30/06.
   3060–1042 Request for Technical Support—Help Request Form 02/29/08.
   3060–1043 Telecommunications Relay Services and Speech-to-Speech Services
   for Individuals with Hearing and Speech Disabilities, CC Docket No. 98–67
   03/31/08.
   3060–1044 Review of the Section 251 Unbundling Obligations of Incumbent
   Local Exchange Carriers, CC Docket Nos. 01–338, 96–98 and 98–147 03/31/07.
   3060–1045 FCC 324 12/31/06.
   3060–1046 Pay Telephone Reclassification and Compensation Provisions of the
   Telecommunications Act of 1996, CC Docket No. 96–128 05/31/08.
   3060–1047 Telecommunications Relay Services and Speech-to-Speech Services
   for Individuals with Hearing and Speech Disabilities, Second Report and
   Order, Order on Reconsideration, CC Docket No. 98–67 Pending OMB Approval.
   3060–1048 Sec. 1.929(c)(1) 01/31/07.
   3060–1049  Digital  Broadcast Content Protection, MB Docket No. 02–230
   07/31/07.
   3060–1050 New Allocation for Amateur Radio Service, ET Docket No. 02–98
   11/30/07.
   3060–1051 Certification Letter Accounting For Receipt of Federal Support, CC
   Docket Nos. 96–45 and 96–262, NPRM 01/31/07.
   3060–1053 Telecommunications Relay Services, and Speech-to-Speech Services
   for Individuals with Hearing and Speech Disabilities, Declaratory Ruling, CC
   Docket No. 98–67 Pending OMB Approval.
   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 FCC 603–T 08/31/07.
   3060–1059 Global Mobile Personal Communications by Satellite (GMPCS)/E911
   Call Centers 02/29/08.
   3060–1060 Wireless E911 Coordination Initiative Letter 07/31/07.
   3060–1061 Earth Stations on Board Vessels (ESVs) 05/31/08.
   3060–1062    Schools   and   Libraries   Universal   Service   Support
   Mechanism—Notification of Equipment Transfers 07/31/07.
   3060–1063  Global  Mobile Personal Communications by Satellite (GMPCS)
   Authorization, Marketing and Importation Rules 07/31/07.
   3060–1064 Regulatory Fee Assessment True-Ups, NPRM, MD Docket No. 05–59, FCC
   05–35 05/31/08.
   3060–1065 Sec. 25.701 08/31/07.
   3060–1066 FCC 312–R 09/30/07.
   3060–1067 FCC 312–EZ 09/30/07.
   3060–1068 Enhanced 911 Emergency Calling Systems, Scope of Service for CMRS
   11/30/07.
   3060–1069  Rules  and  Policies  Concerning Attribution of Joint Sales
   Agreements in Local Television Markets, NPRM, MB Docket No. 94–246 11/30/07.
   3060–1070 Allocations and Service Rules for the 71–76 GHz, 81–86 GHz, and
   92–95 GHz Bands 12/31/08.
   3060–1071 Rural Wireless Community VISION Program Essay Guidelines 12/31/07.
   3060–1072 FCC 386 03/31/08.
   3060–1073 FCC 385 03/31/08.
   3060–1074 FCC 384 03/31/08.
   3060–1075 FCC 383 03/31/08.
   3060–1076 FCC 382 03/31/08.
   3060–1078 Rules and Regulations Implementing Controlling the Assault of
   Non-Solicited Pornography and Marketing Act of 2003 (CAN–SPAM Act), CG
   Docket No. 04–53 12/31/07.
   3060–1079 Radio Frequency Identification Equipment 03/31/08.
   3060–1080  Improving  Public Safety Communications in the 800 MHz Band
   08/31/08.
   3060–1081 Federal-State Joint Board on Universal Service, CC Docket No.
   96–45 10/31/08.
   3060–1082 Sec. 73.1201 04/30/08.
   3060–1083 Request to Update Default Compensation Rate for Dial-Around Calls
   from Pay Phones, WC Docket No. 03–225 06/30/08.
   3060–1084 Rules and Regulations Implementing Minimum Customer Account Record
   Obligations on All Local and Interexchange Carriers (CARE), CG Docket No.
   02–386 08/31/08.
   3060–1085  Collection of Location Information, Provision of Notice and
   Reporting  on  Interconnected Voice Over Internet Protocol (VoIP) E911
   Compliance 01/31/09.
   3060–1086 Secs. 74.786, 74.787, 74.790, 74.794 and 74.796 09/30/08.
   3060–1087 Broadband Over Power Lines (BPL), ET Docket No. 04–37 09/30/08.

   [ 71 FR 10443 , Mar. 1, 2006]

§ 0.409   Commission policy on private printing of FCC forms.

   top

   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]

Printed Publications

   top

§ 0.411   General reference materials.

   top

   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 §§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 §§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 theFederal 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 theFederal Register.Summaries of the
   full Notices of proposed rule making and other rule making decisions adopted
   by the Commission constitute rulemaking documents for purposes ofFederal
   Registerpublication.  TheFederal Registeris 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]

§ 0.413   The Commission's printed publications.

   top

   The Commission's printed publications are described in §§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]

§ 0.414   The Communications Act and other statutory materials.

   top

   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]

§ 0.415   The rules and regulations (looseleaf service).

   top

   (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]

§ 0.416   The Federal Communications Commission Record.

   top

   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]

§ 0.417   The Annual Reports.

   top

   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]

§ 0.420   Other Commission publications.

   top

   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

   top

§ 0.421   Application forms.

   top

   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 §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]

§ 0.422   Current action documents and public notices.

   top

   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]

§ 0.423   Information bulletins.

   top

   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

   top

§ 0.431   The FCC service frequency lists.

   top

   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 §0.465(a).

   [ 64 FR 60722 , Nov. 8, 1999]

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

   top

   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 §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

   top

§ 0.441   General.

   top

   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]

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

   top

   (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 §0.457 or
   §0.459  does  not  provide assurance against their disclosure to other
   agencies.

   (b)  Information submitted to the Commission in confidence pursuant to
   §0.457(c) (2) and (3), (d) and (g) or §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 records 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.

   (3) A party who furnished records to the Commission in confidence under
   §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 records
   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]

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

   top

   (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 §§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 theFederal Registeror Pike and Fischer
   Radio Regulation.

   (c) All rulemaking documents are published in theFederal Register.Summaries
   of the full Notices of proposed rule making and other rule making decisions
   adopted by the Commission constitute rulemaking documents for purposes
   ofFederal Registerpublication. See §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
   theFederal 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 theFederal 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 theFederal 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.

   (f) TheFederal 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 theFederal Registerand 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]

§ 0.451   Inspection of records: Generally.

   top

   (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 §0.460.

   (b) Records which are not routinely available for public inspection. Records
   which are not listed in §0.453 or §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 §0.457 and of particular records withheld from public inspection under
   §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 §0.453,
   §0.455, or §0.457 and have not been withheld from inspection under §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 §0.461.

   (4) Procedures governing demands by competent authority for inspection of
   these records are set out in §0.463.

   (5) Except as provided in §§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 §0.453 or §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 §§0.453
   and 0.455 and those which are made available for inspection under §0.461.
   Section  0.467  applies to requests for certified copies of Commission
   records.

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

   [ 40 FR 7313 , Feb. 19, 1975]

§ 0.453   Public reference rooms.

   top

   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 §§73.3526 and 73.3527
   of this chapter.

   (B) Ownership reports filed by licensees of broadcast stations pursuant to
   §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 §73.3613.

   (E) Annual employment reports filed by licensees and permittees of broadcast
   stations pursuant to §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 §43.21 of this chapter.

   (B) Reports on pensions and benefits filed by carriers under §43.42 of this
   chapter.

   (C) Reports of proposed changes in depreciation rates filed by carriers
   under §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
   §§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 §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
   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 §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 §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 §76.403
   of this chapter.

   (D) Annual employment reports filed by cable television systems pursuant to
   §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 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 §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 §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,  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 §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 §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 §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 §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 §0.453 paragraph (o)
   was added, effective 90 days after ULS is implemented for all services
   licensed by the Wireless Telecommunications Bureau.

§ 0.455   Other locations at which records may be inspected.

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   Except  as provided in §§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 §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.

   (b)  Wireline  Competition Bureau. (1) Reports of public coast station
   operators filed under §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 §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 §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 §0.443.

   (4) Reports filed pursuant to subpart E of part 19 of this chapter and
   applications for inspection of such reports. See §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 §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 §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
   §43.51 and reports of negotiations regarding foreign communication matters
   filed under §43.52 of this chapter, except for those kept confidential by
   the  Commission pursuant to section 412 of the Communications Act. See
   §0.457(c)(3). Also files relating to international settlements under part 64
   of this chapter.

   [ 67 FR 13222 , Mar. 21, 2002]

§ 0.457   Records not routinely available for public inspection.

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   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
   §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 §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. 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 §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 §0.461. Normally, however, such
   data and information is available for inspection. See §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 §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, 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 §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 §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 §0.459. A
   persuasive showing as to the reasons for inspection will be required in
   requests for inspection of such materials submitted under §0.461.

   (i) Financial reports submitted by licensees of broadcast stations pursuant
   to  former §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 §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.
   Portions of applications for equipment certification of software defined
   radios that describe the operation of the device's software and security
   features will not be made available for inspection.

   (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, §§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 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 §0.461.

   (vi)  Information  on  the  users  and  locations  of  radio frequency
   identification systems submitted to the Commission pursuant to §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 §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 §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
   §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 §0.461.
   Only if it is shown in a request under §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 294.701294.703), 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 §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;

   (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]

   Editorial Note:   ForFederal Registercitations affecting §0.457, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and on GPO Access.

§ 0.458   Nonpublic information.

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   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 §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]

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

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   (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 §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 §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 §0.460 or §0.461.
   The information will be accorded confidential treatment, as provided for in
   §0.459(g) and §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,
   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
   §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 §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 §0.459(g) and §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 §0.457. Any person wishing to inspect them may
   submit a request for inspection under §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]

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

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   (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 §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 §0.416 are published in the FCC Record, and
   many such documents or summaries thereof are also published in theFederal
   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 §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 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 §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 §§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 §§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]

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

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   Any person desiring to inspect Commission records which are not listed in
   §0.453  or  §0.455  shall  file  a  request for 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
   §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 §0.467).

   (c) If the records are of the kinds listed in §0.457 or if they have been
   withheld from inspection under §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 foia@fcc.gov, 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
   §0.457(d) or §0.459, or if a request for confidentiality is pending pursuant
   to §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.

   (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 §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 §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 §0.457(d) or §0.459 is granted, an application for review
   of the action may be filed by the person 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 §0.457(d) or §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 §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 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]

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

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   (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]

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

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   (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): 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 §§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 §0.465(c)(2). The fee for certification shall be $10 for each
   document.

   (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 §§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 §§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]

§ 0.466   Definitions.

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   (a) For the purpose of §§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 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]

§ 0.467   Search and review fees.

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   (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 §0.460(e) or §0.461, unless such fees
   are precluded or waived pursuant to §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       12.85
   GS–2       13.99
   GS–3       15.77
   GS–4       17.70
   GS–5       19.80
   GS–6       22.07
   GS–7       24.53
   GS–8       27.17
   GS–9       30.00
   GS–10      33.04
   GS–11      36.30
   GS–12      43.51
   GS–13      51.74
   GS–14      61.14
   GS–15      71.92

   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 2007 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
   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;  70 FR 6593 , Feb. 8, 2005;
    71 FR 9266 , Feb. 23, 2006;  72 FR 5632 , Feb. 7, 2007]

§ 0.468   Interest.

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   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]

§ 0.469   Advance payments.

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   (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 §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]

§ 0.470   Assessment of fees.

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   (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 §§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 §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 §§0.467 and 0.465 above, except that the first 100
   pages  of 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 “81/2×11” or “11×14,” 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

   top

§ 0.471   Miscellaneous submittals or requests.

   top

   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]

§ 0.473   Reports of violations.

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   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]

§ 0.475   Applications for employment.

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   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]

§ 0.481   Place of filing applications for radio authorizations.

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

   [ 69 FR 41130 , July 7, 2004]

§ 0.482   Application for waiver of wireless radio service rules.

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   All requests for waiver of the rules ( see §1.925) governing the Wireless
   Radio Services ( see §1.907) that require a fee ( see §1.1102) shall be
   submitted  via  the  Universal Licensing System or to the Mellon Bank,
   Pittsburgh,  Pennsylvania  at the address set forth in §1.1102. Waiver
   requests that do not require a fee should be submitted via the 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 §0.401(b) or §0.401(c) of
   the rules.

   [ 63 FR 68919 , Dec. 14, 1998]

§ 0.483   Applications for amateur or commercial radio operator licenses.

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   (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]

§ 0.484   Amateur radio operator examinations.

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   Generally,  examinations for amateur radio operation licenses shall be
   administered at locations and times specified by volunteer examiners. (See
   §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]

§ 0.485   Commercial radio operator examinations.

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   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 §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]

§ 0.489   Applications for ship radio inspection and periodical survey.

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   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]

§ 0.491   Application for exemption from compulsory ship radio requirements.

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   Applications for exemption filed under the provisions of sections 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 §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.

   [ 71 FR 15618 , Mar. 29, 2006]

§ 0.493   Non-radio common carrier applications.

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   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

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   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.

§ 0.501   General.

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

§ 0.502   Purpose.

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   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.

§ 0.503   Submission of requests for mandatory declassification review.

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   (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.

§ 0.504   Processing requests for declassification.

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   (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.

§ 0.505   Fees and charges.

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   (a) The Commission has designated a contractor to make copies of Commission
   records and offer them for sale (See §0.465).

   (b) An hourly fee is charged for recovery of the direct costs of searching
   for requested documents (See §0.466).

§ 0.506   FOIA and Privacy Act requests.

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

Subpart E—Privacy Act Regulations

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   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.

§ 0.551   Purpose and scope; definitions.

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   (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 which is contained in Commission
   records. 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]

§ 0.552   Notice identifying Commission systems of records.

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   The  Commission  publishes in theFederal Registerupon 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,
   retrievability, 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]

§ 0.553   New uses of information.

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   Before establishing a new routine use of a system of records, the Commission
   will publish a notice in theFederal Registerof 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.

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

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   (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 §0.555(b), will disclose the substance of such information to
   that individual. In order to properly request notification or access to
   record  information, reference must be made to the Notice described in
   §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 theFederal RegisterNotice described in §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 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]

§ 0.555   Disclosure of record information to individuals.

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   (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
   §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 §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 §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 §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 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]

§ 0.556   Request to correct or amend records.

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   (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 §0.554(b)(2) and the
   information needed to locate the record as required by §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 §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 §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 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]

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

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   (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 §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 §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]

§ 0.558   Advice and assistance.

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   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.

   Individuals who request clarification of the Notice described in §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]

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

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   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 §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 §0.556.

§ 0.560   Penalty for false representation of identity.

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   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.

§ 0.561   Exemptions.

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   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 §§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 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

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   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.

§ 0.601   Definitions.

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   For purposes of this section:

   (a) The term agency means:

   (1) The Commission,

   (2) A board of Commissioners (see §0.212),

   (3) The Telecommunications Committee (see §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]

§ 0.602   Open meetings.

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   (a) All meetings shall be conducted in accordance with the provisions of
   this subpart.

   (b) Except as provided in §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]

§ 0.603   Bases for closing a meeting to the public.

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   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 §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 §0.457(a));

   (b) Relate solely to the internal personnel rules and practices of an agency
   (see §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 on the issue, or (2) establishes
   particular criteria for withholding or refers to particular types of matters
   to be withheld (see §0.457(c));

   (d) Disclose trade secrets and commercial or financial information obtained
   from a person and privileged or confidential (see §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
   §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.

§ 0.605   Procedures for announcing meetings.

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   (a) Notice of all open and closed meetings will be given.

   (b) The meeting notice will be submitted for publication in theFederal
   Registeron 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 §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 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 §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 §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]

§ 0.606   Procedures for closing a meeting to the public.

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   (a) For every meeting closed under §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 §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 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
   §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 §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 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.

   [ 42 FR 12867 , Mar. 7, 1977, as amended at  71 FR 15618 , Mar. 29, 2006]

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

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   (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
   §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 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 §0.460. Other
   transcripts, and separable portions thereof which do not contain information
   properly withheld under §0.603, may be made available for inspection under
   §0.461.  When  a transcript, or portion thereof, is made available for
   inspection under §0.461, it will be placed in the public file. Copies of
   transcripts may be obtained from the duplicating contractor pursuant to
   §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 §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.

   [ 42 FR 12867 , Mar. 7, 1977, as amended at  71 FR 15618 , Mar. 29, 2006]

Subpart G—Intergovernmental Communication

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

§ 0.701   Intergovernmental Advisory Committee.

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   (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  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]
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