Sec. 0.311  Authority delegated.

    The performance of functions and activities described in Sec. 0.111 
is delegated to the Chief, Compliance and Information Bureau, provided 
that:
    (a) The following matters shall be referred by the Chief, Compliance 
and Information Bureau to the Commission en banc for disposition:

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    (1) Notices of proposed rulemaking and of inquiry and final orders 
in rulemaking and inquiry proceedings.
    (2) Applications for review of actions taken pursuant to delegated 
authority. (See Sec. 1.115 of this chapter).
    (3) Petitions and other requests for waiver of Commission rules, 
whether or not accompanied by an application, when such petitions or 
requests contain new or novel arguments not previously considered by the 
Commission, or present facts or arguments which appear to justify a 
change in Commission policy.
    (4) Petitions and other requests for declaratory rulings, when such 
petitions or requests contain new or novel arguments not previously 
considered by the Commission, or present facts or arguments which appear 
to justify a change in Commission policy.
    (5) Any other petition, pleading, or request presenting new or novel 
questions of fact, law, or policy, which cannot be resolved under 
outstanding precedents and guidelines after consultation with 
appropriate Bureaus or offices.
    (6) Any other complaint or enforcement matter presenting new or 
novel questions of fact, law, or policy which cannot be resolved under 
outstanding precedents and guidelines after consultation with 
appropriate Bureaus or offices.
    (b) The Chief and the Deputy Chief of the Compliance and Information 
Bureau are authorized to declare that a state of general communications 
emergency exists and to act on behalf of the Commission pursuant to the 
provision of Sec. 97.107 of this chapter with respect to the operation 
of amateur stations during a state of general communications emergency.
    (c) Rulings and orders concerning radio operator matters in a 
hearing status shall not be made by the Chief, Compliance and 
Information Bureau.
    (d)(1) The Chief of the Compliance and Information Bureau is 
authorized to issue notices of apparent liability, final forfeiture 
orders, and orders cancelling or reducing forfeitures, pursuant to 
Sec. 1.80 of this chapter, if the amount set out in the notice of 
apparent liability is $20,000 or less. The Chief of the Compliance and 
Information Bureau is authorized to further delegate this authority.
    (2) The Chief of the Compliance and Information Bureau is authorized 
to issue citations pursuant to Sec. 1.80(d) of this chapter and to 
further delegate this authority.
    (e) The Chief of the Compliance and Information Bureau is authorized 
to make determinations and notifications of the presence of harmful 
interference to radio communications involving safety of life or 
protection of property which requires temporary suspension of operation 
under Sec. 74.23 of this chapter. Upon invoking the authority granted 
pursuant to this section, the Chief of the Compliance and Information 
Bureau shall immediately inform the Chairman of the Commission.
    (f) The Chief, Compliance and Information Bureau, is authorized to 
issue non-hearing related subpoenas for the production of books, papers, 
correspondence, memoranda, and other records relating to investigations 
under the authority of the Communications Act of 1934, as amended. 
Before issuing a subpoena, the bureau shall obtain the approval of the 
Office of General Counsel.
    (g) The Chief, Compliance and Information Bureau is delegated 
authority to grant waivers of the requirements of part 11 of this 
chapter to participants required to install, operate or test Emergency 
Alert System (EAS) equipment. The Chief, Compliance and Information 
Bureau is further authorized to delegate this authority. Waiver requests 
must made in writing and forwarded to the FCC's EAS office 1919 M Street 
NW., Washington, DC 20554. Such requests must state the reason why the 
waiver is necessary and provide sufficient information such as, 
statements of fact regarding the financial status of the broadcast 
station, the number of other broadcast stations providing coverage in 
its service area or the likelihood of hazardous risks to justify a grant 
of the waiver.
    (h) The Chief, Compliance and Information Bureau is delegated 
authority to execute in the name of the Commission all agreements 
pertaining to the loan of United States Government property to broadcast 
stations or other

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entities participating in the Emergency Alert System (EAS) for national 
defense purposes. The Chief, Compliance and Information Bureau is 
authorized to delegate this authority.
    (i) The Chief of the Compliance and Information Bureau is authorized 
to rely on reports, documents or log entries made by the holder of an 
FCC General Radiotelephone Operator License, GMDSS Radio Maintainer's 
License, Second Class Radiotelegraph Operator's Certificate, or First 
Class Radiotelegraph Operator's Certificate as certification that the 
vessel complies with requirements of Articles XI, XII, and XIII of the 
Great Lakes Agreement. The Chief, Compliance and Information Bureau is 
authorized to delegate this authority.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, )
[40 307 FR 17254 , Apr. 18, 1975, as amended at  47 FR 1395 , Jan. 13, 1982;  48 FR 37414 , Aug. 18, 1983;  50 FR 37189 , Sept. 12, 1985;  57 FR 18088 , Apr. 
29, 1992;  58 FR 13020 , Mar. 9, 1993;  58 FR 68053 , Dec. 23, 1993;  59 FR 26971 , May 25, 1994;  59 FR 67092 , Dec. 28, 1994;  60 FR 31256 , June 14, 
1995;  60 FR 35506 , July 10, 1995;  60 FR 55998 , Nov. 6, 1995;  60 FR 61662 , Dec. 1, 1995;  61 FR 8477 , Mar. 5, 1996;  61 FR 25805 , May 23, 
1996]