Goto Section: 0.391 | 0.401 | Table of Contents
FCC 0.392
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 0.392 Authority delegated.
The Chief, Public Safety and Homeland Security Bureau, is hereby delegated
authority to perform all functions of the Bureau, described in § § 0.191 and
0.192, subject to the following exceptions and limitations in paragraphs (a)
through (e) of this section.
(a) The Chief, Public Safety and Homeland Security Bureau shall not have
authority to act on any applications or requests that present novel
questions of fact, law or policy that cannot be resolved under outstanding
precedents and guidelines.
(b) The Public Safety and Homeland Security Bureau shall not have authority
to act upon any applications for review of actions taken by the Chief,
Public Safety and Homeland Security Bureau, pursuant to any delegated
authority.
(c) The Public Safety and Homeland Security Bureau shall not have authority
to act upon any formal or informal radio application or section 214
application for common carrier services which is in hearing status.
(d) The Public Safety and Homeland Security 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 for common carrier providers and $20,000 for non-common carrier
providers.
(e) The Chief, Public Safety and Homeland Security 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 such orders
involving ministerial conforming amendments to rule parts, or orders
conforming any of the applicable rules to formally adopted international
conventions or agreements where novel questions of fact, law, or policy are
not involved.
(f) The Chief, Public Safety and Homeland Security Bureau or her/his
designee has the authority to rule on emergency requests for Special
Temporary Authority during non-business hours. Action on emergency requests
for Special Temporary Authority during non-business hours shall be promptly
reported to the responsible Bureau or Office.
(g) [Reserved]
(h) The Chief, Public Safety and Homeland Security 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 Public Safety and Homeland Security Bureau. Before
issuing a subpoena, the Bureau shall obtain the approval of the Office of
General Counsel.
(i) The Chief of the Public Safety and Homeland Security Bureau is delegated
authority to administer the communications disruption reporting requirements
contained in part 4 of this chapter and to revise the filing system and
template used for the submission of such communications disruption reports.
(j) The Chief of the Public Safety and Homeland Security Bureau is delegated
authority to administer the communications reliability and redundancy rules
and policies contained in part 12 of this chapter, develop and revise forms
and procedures as may be required for the administration of part 12 of this
chapter, review certifications filed in connection therewith, and order
remedial action on a case-by-case basis to ensure the reliability of 911
service in accordance with such rules and policies.
[ 71 FR 69037 , Nov. 29, 2006, as amended at 72 FR 39760 , July 20, 2007; 73 FR 9463 , Feb. 21, 2008; 75 FR 28207 , May 20, 2010; 75 FR 78169 , Dec. 15, 2010;
79 FR 3130 , Jan. 17, 2014]
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Subpart C—General Information
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General
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Goto Section: 0.391 | 0.401
Goto Year: 2014 |
2016
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