Sec. 0.241  Authority delegated.

    (a) The performance of functions and activities described in 
Sec. 0.31 of this part is delegated to the Chief Engineer: Provided, 
That the following matters shall be referred to the Commission en banc 
for disposition:
    (1) Notices of proposed rulemaking and of inquiry and final orders 
in rulemaking proceedings, inquiry proceedings and non-editorial orders 
making changes. See Sec. 0.231(d).

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    (2) Petitions for review of actions taken to delegated authority. 
See Sec. 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 Sec. 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 Sec. 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 Engineer is delegated authority to administer the 
Equipment Authorization program as described in part 2 of the 
Commission's Rules.
    (c) The Chief Engineer is delegated authority to administer the 
Experimental Radio Service program pursuant to part 5 of the 
Commission's Rules.
    (d) The Chief engineer 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, Mass Media Bureau.
    (e) The Chief Engineer 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 Sec. 2.948(d) of this 
chapter. In addition, the Chief is authorized to make determinations 
regarding the continued acceptability of individual accrediting 
organizations and accredited laboratories.
[ 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]