Sec.  0.331   Authority delegated.

   The Chief, Wireless Telecommunications Bureau, is hereby delegated authority
   to perform all functions of the Bureau, described in  Sec. 0.131, subject to the
   following exceptions and limitations.

   (a)   Authority  concerning  applications.  (1)  The  Chief,  Wireless
   Telecommunications Bureau shall not have authority to act on any radio
   applications that are in hearing status.

   (2) The Chief, Wireless Telecommunications Bureau shall not have authority
   to act on any complaints, petitions or requests, whether or not accompanied
   by an application, when such complaints, petitions or requests present new
   or  novel  questions  of  law or policy which cannot be resolved under
   outstanding Commission precedents and guidelines.

   (b) Authority concerning forfeitures and penalties. The Chief, Wireless
   Telecommunications Bureau, shall not have authority to impose, reduce, or
   cancel forfeitures pursuant to the Communications Act of 1934, as amended,
   and  imposed under regulations in this chapter in amounts of more than
   $80,000  for  commercial radio providers and $20,000 for private radio
   providers.  Payments  for bid withdrawal, default or to prevent unjust
   enrichment that are imposed pursuant to Section 309(j) of the Communications
   Act  of 1934, as amended, and regulations in this chapter implementing
   Section  309(j)  governing  auction  authority, are excluded from this
   restriction.

   (c)  Authority concerning applications for review. The Chief, Wireless
   Telecommunications  Bureau  shall  not  have authority to act upon any
   applications  for  review  of  actions  taken  by  the Chief, Wireless
   Telecommunications Bureau pursuant to any delegated authority, except that
   the Chief may dismiss any such application that does not comply with the
   filing requirements of  Sec. 1.115 (d) and (f) of this chapter.

   (d)  Authority  concerning rulemaking proceedings. The Chief, Wireless
   Telecommunications Bureau shall not have the authority to act upon notices
   of proposed rulemaking and inquiry, final orders in rulemaking proceedings
   and inquiry proceedings, and reports arising from any 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. In addition, revisions to the airport terminal
   use list in  Sec. 90.35(c)(61) of this chapter and revisions to the Government
   Radiolocation list in  Sec. 90.371(b) of this chapter need not be referred to the
   Commission. Also, the addition of new Marine VHF frequency coordination
   committee(s)  to   Sec. 80.514  of this chapter need not be referred to the
   Commission if they do not involve novel questions of fact, policy or law, as
   well as requests by the United States Coast Guard to:

   (1) Designate radio protection areas for mandatory Vessel Traffic Services
   (VTS) and establish marine channels as VTS frequencies for these areas; or

   (2) Designate regions for shared commercial and non-commercial vessel use of
   VHF marine frequencies.

   (3) Designate by footnote to frequency table in  Sec. 80.373(f) of this chapter
   marine  VHF  frequencies  are  available for intership port operations
   communications in defined port areas.

   [ 60 FR 35506 , July 10, 1995, as amended at  61 FR 26465 , May 28, 1996;  62 FR 40285 , July 28, 1997;  65 FR 43715 , July 14, 2000;  67 FR 63284 , Oct. 11,
   2002;  69 FR 46440 , Aug. 3, 2004]