Goto Section: 0.247 | 0.261 | Table of Contents
FCC 0.251
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.251 Authority delegated.
(a) The General Counsel is delegated authority to act as the “designated
agency ethics official.”
(b) Insofar as authority is not delegated to any other Bureau or Office, and
with respect only to matters which are not in hearing status, the General
Counsel is delegated authority:
(1) To act upon requests for extension of time within which briefs, comments
or pleadings may be filed.
(2) To dismiss, as repetitious, any petition for reconsideration of a
Commission order which disposed of a petition for reconsideration and which
did not reverse, change, or modify the original order.
(3) To dismiss or deny petitions for rulemaking which are repetitive or moot
or which, for other reasons, plainly do not warrant consideration by the
Commission.
(4) To dismiss as repetitious any petition for reconsideration of a
Commission order denying an application for review which fails to rely on
new facts or changed circumstances.
(c) The General Counsel is delegated authority in adjudicatory hearing
proceedings which are pending before the Commission en banc to act on all
requests for relief, and to issue all appropriate orders, except those which
involve final disposition on the merits of a previously specified issue
concerning an applicant's basic qualifications or two or more applicants'
comparative qualifications.
(d) When an adjudicatory proceeding is before the Commission for the
issuance of a final order or decision, the General Counsel will make every
effort to submit a draft order or decision for Commission consideration
within four months of the filing of the last responsive pleading. If the
Commission is unable to adopt an order or decision in such cases within five
months of the last responsive pleading, it shall issue an order indicating
that additional time will be required to resolve the case.
(e) The official record of all actions taken by the General Counsel pursuant
to § 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 and to impose appropriate
sanctions. The General Counsel shall refer to the Enforcement Bureau for
disposition pursuant to § 0.311(b) any matter in which a forfeiture or a
citation under 47 U.S.C. 503(b)(5) may be warranted. If the Enforcement
Bureau determines that forfeiture or a citation is not warranted, the matter
shall be referred back to the General Counsel for appropriate action.
(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: For Federal Register citations affecting § 0.251, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and at www.fdsys.gov.
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International Bureau
Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27, 1995, unless
otherwise noted.
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Goto Section: 0.247 | 0.261
Goto Year: 2014 |
2016
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