Goto Section: 0.101 | 0.121 | Table of Contents
FCC 0.111
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.111 Functions of the Bureau.
(a) Serve as the primary Commission entity responsible for enforcement of
the Communications Act and other communications statutes, the Commission's
rules, Commission orders and Commission authorizations, other than matters
that are addressed in the context of a pending application for a license or
other authorization or in the context of administration, including
post-grant administration, of a licensing or other authorization or
registration program.
(1) Resolve complaints, including complaints filed under section 208 of the
Communications Act, regarding acts or omissions of common carriers
(wireline, wireless and international).
Note to paragraph (a)(1): The Consumer and Governmental Affairs Bureau has
primary responsibility for addressing 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 addressing 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) Resolves other complaints against Title III licensees and permittees,
including complaints under § 20.12(e) of this chapter.
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 sitting 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 Television 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) Upon referral from the General Counsel pursuant to § 0.251(g), impose
sanctions for violations of the Commission's ex parte rules including, but
not limited to, the imposition of monetary forfeitures, consistent with
§ 0.311.
(16) 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.
(17) 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.
(18) 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.
(19) Encourage cooperative compliance efforts.
(20) Mediate and settle disputes.
(21) 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.
(22) Exercise responsibility for rulemaking proceedings regarding general
enforcement policies and procedures.
(23) Advise the Commission or responsible Bureau or Office regarding the
enforcement implications of existing and proposed rules.
(24) 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.
(25) Resolve complaints alleging violations of the open Internet rules.
(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) Coordinate with and assist the Wireless Telecommunications Bureau with
respect to the Commission's privatized ship radio 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;
76 FR 24381 , May 2, 2011; 76 FR 26220 , May 6, 2011; 76 FR 59232 , Sept. 23,
2011; 76 FR 60754 , Sept. 30, 2011; 78 FR 23151 , Apr. 18, 2013; 80 FR 53749 ,
Sept. 8, 2015]
return arrow Back to Top
Goto Section: 0.101 | 0.121
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public