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,
[[Page 34]]
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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