§  0.392   Authority delegated.

   The Chief, Public Safety and Homeland Security Bureau, is hereby
   delegated authority to perform all functions of the Bureau, described
   in § 0.191, subject to the following exceptions and limitations in
   paragraphs (a) through (e) of this section.

   (a) The Chief, Public Safety and Homeland Security Bureau shall not
   have authority to act on any applications or requests that present
   novel questions of fact, law or policy that cannot be resolved under
   outstanding precedents and guidelines.

   (b) The Public Safety and Homeland Security Bureau shall not have
   authority to act upon any applications for review of actions taken by
   the Chief, Public Safety and Homeland Security Bureau, pursuant to any
   delegated authority.

   (c) The Public Safety and Homeland Security Bureau shall not have
   authority to act upon any formal or informal radio application or
   section 214 application for common carrier services which is in hearing
   status.

   (d) The Public Safety and Homeland Security 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 for common carrier providers and $20,000
   for non-common carrier providers.

   (e) The Chief, Public Safety and Homeland Security 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 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.

   (f) The Chief, Public Safety and Homeland Security Bureau or her/his
   designee has the authority to rule on emergency requests for Special
   Temporary Authority during non-business hours. Action on emergency
   requests for Special Temporary Authority during non-business hours
   shall be promptly reported to the responsible Bureau or Office.

   (g) The Chief, Public Safety and Homeland Security Bureau is authorized
   to declare that a temporary state of communications emergency exists
   pursuant to § 97.401(b) of this chapter and to act on behalf of the
   Commission with respect to the operation of amateur stations during
   such temporary state of communications emergency.

   (h) The Chief, Public Safety and Homeland Security 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 Public Safety and Homeland
   Security Bureau. Before issuing a subpoena, the Bureau shall obtain the
   approval of the Office of General Counsel.

   (i) The Chief of the Public Safety and Homeland Security Bureau is
   delegated authority to administer the communications disruption
   reporting requirements contained in part 4 of this chapter and to
   revise the filing system and template used for the submission of such
   communications disruption reports.

   [ 71 FR 69037 , Nov. 29, 2006, as amended at  72 FR 39760 , July 20, 2007;
    73 FR 9463 , Feb. 21, 2008]

Subpart C—General Information

General