Sec. 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
[[Page 28]]
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 Sec. 0.251 (c) and (d) is contained in the original docket
folder, which is maintained by the Secretary in the Dockets Branch.
(f) The General Counsel is delegated authority to issue written
determinations on behalf of the Chairman, and otherwise act as the
Chairman's designee on matters regarding the interception of telephone
conversations, as required by the General Services Administration's
regulations. 41 CFR 201-6.202 et seq.
(g) The General Counsel is delegated authority to act upon any
application for a determination of exempt telecommunications company
status filed pursuant to section 34(a)(1) of the Public Utility Holding
Company Act of 1935, as amended by section 103 of the Telecommunications
Act of 1996.
(h) The General Counsel is delegated authority to issue rulings on
whether violations of the ex parte rules have occurred.
(i) 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. Sec. 154(b)) and the Federal conflict
of interest statutes (18 U.S.C. Secs. 203, 205 and 208).
(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, )
[28 317 FR 12402 , Nov. 22, 1963, as amended at 31 FR 3074 , Feb. 24, 1966; 31 FR 4456 , Mar. 16, 1966; 31 FR 11756 , Sept. 8, 1966; 31 FR 13474 , Oct.
19, 1966; 44 FR 60294 , Oct. 19, 1979; 46 FR 57050 , Nov. 20, 1981; 47 FR 16032 , Apr. 14, 1982; 48 FR 57133 , Dec. 28, 1983; 49 FR 47604 , Dec. 6,
1984; 50 FR 85 , Jan. 2, 1985; 50 FR 49048 , Nov. 29, 1985; 56 FR 792 ,
Jan. 9, 1991; 57 FR 19387 , May 6, 1992; 59 FR 39703 , Aug. 4, 1994; 60 FR 34902 , July 5, 1995; 61 FR 26464 , May 28, 1996; 61 FR 29311 , June 10,
1996; 62 FR 15853 , Apr. 3, 1997; 62 FR 24055 , May 2, 1997; 62 FR 51052 ,
Sept. 30, 1997]
International Bureau
Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27,
1995, unless otherwise noted.
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.