Goto Section: 0.285 | 0.301 | Table of Contents

FCC 0.291
Revised as of
Goto Year:1996 | 1998
Sec. 0.291  Authority delegated.

    The Chief, Common Carrier Bureau, is hereby delegated authority to 
perform all functions of the Bureau, described in Sec. 0.91, subject to 
the following exceptions and limitations.
    (a) Authority concerning applications. (1) The Chief, Common Carrier 
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, Common Carrier 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, Common 
Carrier 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 section 221(a) of the Act. (1) The Chief, 
Common Carrier Bureau shall not have authority to determine whether 
hearings shall be held on applications filed under section 221(a) of the 
Communications Act of 1934, as amended, where a request has been made by 
a telephone company, an association of telephone companies, a State 
Commission or local government authority.
    (2) The Chief, Common Carrier Bureau shall not have authority to act 
upon applications filed under section 221(a) of the Communications Act 
of 1934, as amended, where the proposed expenditure for consolidation, 
acquisition or control is in excess of $10 million.
    (3) The Chief, Common Carrier Bureau shall not have authority to act 
upon any application, petition or request under section 221(a) of the 
Communications Act of 1934, as amended, which presents novel questions 
of fact, law or policy which cannot be resolved under outstanding 
precedents and guidelines.
    (d) Authority to designate for hearing. The Chief, Common Carrier 
Bureau, shall not have authority to designate for hearing any formal 
complaints which present novel questions of fact,

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law, or policy which cannot be resolved under outstanding precedents or 
guidelines. The Chief, Common Carrier Bureau, shall not have authority 
to designate for hearing any applications except applications for 
facilities where the issues presented relate solely to whether the 
applicant has complied with outstanding precedents and guidelines.
    (e) Authority concerning forfeitures. The Chief, Common Carrier 
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.
    (f) Authority concerning applications for review. The Chief, Common 
Carrier Bureau shall not have authority to act upon any applications for 
review of actions taken by the Chief, Common Carrier Bureau, pursuant to 
any delegated authority.
    (g) Authority concerning rulemaking and investigatory proceedings. 
The Chief, Common Carrier 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, Common 
Carrier 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 set 
forth in Sec. 43.61(d) of this chapter.
    (h) Authority concerning the issuance of subpoenas. The Chief of the 
Common Carrier 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 Common Carrier Bureau. Before issuing a subpoena, the Bureau 
shall obtain the approval of the Office of General Counsel.

(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, )
[44 317 FR 18501 , Mar. 28, 1979;  44 FR 22078 , Apr. 13, 1979, as amended at 
 45 FR 22945 , Apr. 4, 1980;  45 FR 25399 , Apr. 15, 1980;  45 FR 31723 , May 
14, 1980;  48 FR 23431 , May 25, 1983;  49 FR 6908 , Feb. 24, 1984;  50 FR 18489 , May 1, 1985;  51 FR 13230 , Apr. 18, 1986;  52 FR 35918 , Sept. 24, 
1987;  55 FR 30461 , July 26, 1990;  57 FR 8579 , Mar. 11, 1992;  57 FR 22181 , May 27, 1992;  59 FR 66487 , Dec. 27, 1994;  60 FR 5324 , Jan. 27, 
1995;  60 FR 35506 , July 10, 1995;  61 FR 16230 , Apr. 12, 1996]


Goto Section: 0.285 | 0.301

Goto Year: 1996 | 1998
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