§  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) Applications for review of actions taken pursuant to delegated
   authority, except that the Chief of the Office of Engineering and
   Technology may dismiss any such application that does not contain any
   statement required under § 1.115(a) or (b) of this chapter, or does not
   comply with the filing requirements of § 1.115(d) or (f) 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.

   (k) The Chief of the Office of Engineering and Technology is delegated
   authority to administer the Automated Frequency Coordination (AFC)
   system and AFC system operator functions set forth in subpart E of part
   15 of this chapter. The Chief is delegated authority to develop
   specific methods that will be used to designate AFC system operators;
   to designate AFC system operators; to develop procedures that these AFC
   system operators will use to ensure compliance with the requirements
   for AFC system operations; to make determinations regarding the
   continued acceptability of individual AFC system operators; and to
   perform other functions as needed for the administration of the AFC
   systems.

   [ 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;
    85 FR 31410 , May 26, 2020;  86 FR 12546 , Mar. 4, 2021]