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FCC 0.291
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.291 Authority delegated.
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 referenced
in § 43.61(a)(3) 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: For Federal Register citations affecting § 0.291, 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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Goto Section: 0.285 | 0.301
Goto Year: 2014 |
2016
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