Sec.  0.241   Authority delegated.

   (a)  The performance of functions and activities described in  Sec. 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,  together  with  the  Chief  of the Wireless
   Telecommunications Bureau, to adopt certain technical standards applicable
   to hearing aid compatibility under  Sec. 20.19 of this chapter, as specified in
    Sec. 20.19(k).

   (2) Petitions for review of actions taken to delegated authority. See  Sec. 1.115
   of this chapter.

   (3) Petitions and other requests for waivers of the Commission's rules,
   whether  or not accompanied by an applications, when such petitions or
   requests contain new or novel arguments not previously considered by the
   Commission or present facts or arguments which appear to justify a change in
   Commission policy.

   (4)  Petitions  and  other requests for declaratory rulings, when such
   petitions  or  requests  contain new or novel arguments not previously
   considered by the Commission or preset facts or arguments which appear to
   justify a change in Commission policy.

   (5)  Any  other  petition, pleading or request presenting new or novel
   questions of fact, law, or policy which cannot be resolved under outstanding
   precedents and guidelines.

   (6)  Any other complaint or enforcement matter presenting new or novel
   questions of fact, law, or policy which cannot be resolved under outstanding
   precedents and guidelines.

   (7) Authority to issued a notice of opportunity for hearing pursuant to
    Sec. 1.80(g)  of  this chapter; and authority to issue notices of apparent
   liability,  final forfeiture orders, and orders cancelling or reducing
   forfeitures imposed under  Sec. 1.80(f) of this chapter, if the amount set out in
   the notice of apparent liability is more than $20,000.

   (8) Proposed actions following any case remanded by the courts.

   (b) The Chief 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 examine all applications for certification (approval) of
   subscription television technical systems as acceptable for use under a
   subscription television authorization as provided for in this chapter, to
   notify  the  applicant  that an examination of the certified technical
   information and data submitted in accordance with the provisions of this
   chapter indicates that the system does or does not appear to be acceptable
   for authorization as a subscription television system. This delegation shall
   be exercised in consultation with the Chief, Media Bureau.

   (e) The Chief 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.

   (f) The Chief of the Office of Engineering and Technology is authorized to
   enter  into  agreements  with  the National Institute of Standards and
   Technology and other accreditation bodies to perform accreditation of test
   laboratories pursuant to  Sec. 2.948(d) of this chapter. In addition, the Chief
   is authorized to make determinations regarding the continued acceptability
   of individual accrediting organizations and accredited laboratories.

   (g) The Chief of the Office of Engineering and Technology is delegated
   authority to enter into agreements with the National Institute of Standards
   and Technology to perform accreditation of Telecommunication Certification
   Bodies (TCBs) pursuant to  Sec.  Sec. 2.960 and 2.962 of this chapter. In addition,
   the Chief is delegated authority to develop specific methods that will be
   used to accredit TCBs, to designate TCBs, to make determinations regarding
   the continued acceptability of individual TCBs, and to develop procedures
   that TCBs will use for performing post-market surveillance.

   (h) 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;  73 FR 9463 ,
   Feb. 21, 2008;  73 FR 25587 , May 7, 2008]