Goto Section: 0.231 | 0.247 | Table of Contents
FCC 0.241
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.241 Authority delegated.
(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) Notice of proposed rulemaking and of inquiry and final orders in
rulemaking proceedings, inquiry proceedings and non-editorial orders making
changes, except that:
(i) 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 § 20.19 of this chapter, as specified in § 20.19(k).
(ii) The Chief of the Office of Engineering and Technology is delegated
authority, by notice-and-comment rulemaking if required by statute or
otherwise in the public interest, to issue an order amending rules in parts
2, 5, 15, or 18 of this chapter that reference industry standards to specify
revised versions of the standards. This delegation is limited to modifying
rules to reference revisions to standards that are already in the rules and
not to incorporate a new standard into the rules, and is limited to the
approval of changes to the technical standards that do not raise major
compliance issues.
(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 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 § 2.948(e) 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 § § 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 administer the database functions for unlicensed devices
operating in the television broadcast bands (TV bands) as set forth in
subpart H of part 15 of this chapter. The Chief is delegated authority to
develop specific methods that will be used to designate TV bands database
managers, to designate these database managers; to develop procedures that
these database managers will use to ensure compliance with the requirements
for database operations; to make determinations regarding the continued
acceptability of individual database managers; and to perform other
functions as needed for the administration of the TV bands databases. The
Chief is also delegated authority jointly with the Chief of the Wireless
Telecommunications Bureau to administer provisions of § 15.713(h)(8) of this
chapter pertaining to the registration of event sites where large numbers of
wireless microphones that operate on frequencies specified in § 74.802 of
this chapter are used.
(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.
(j) The Chief of the Office of Engineering and Technology is delegated
authority jointly with the Chief of the Wireless Telecommunications Bureau
to administer the Spectrum Access System (SAS) and SAS Administrator
functions set forth in part 96 of this chapter. The Chief is delegated
authority to develop specific methods that will be used to designate SAS
Administrators; to designate SAS Administrators; to develop procedures that
these SAS Administrators will use to ensure compliance with the requirements
for SAS operation; to make determinations regarding the continued
acceptability of individual SAS Administrators; and to perform other
functions as needed for the administration of the SAS. The Chief is
delegated the authority to perform these same functions with regard to the
Environmental Sensing Capability.
[ 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; 75 FR 75835 , Dec. 6, 2010; 80 FR 33438 , June 12, 2015; 80 FR 36217 , June 23, 2015]
return arrow Back to Top
Goto Section: 0.231 | 0.247
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