Goto Section: 0.186 | 0.203 | Table of Contents

FCC 0.201
Revised as of October 1, 2005
Goto Year:2004 | 2006
Sec.  0.201   General provisions.

   (a) There are three basic categories of delegations made by the Commission
   pursuant to section 5(c) of the Communications Act of 1934, as amended:

   (1) Delegations to act in non-hearing matters and proceedings. The great
   bulk of delegations in this category are made to bureau chiefs and other
   members of the Commission's staff. This category also includes delegations
   to individual commissioners and to boards or committees of commissioners.

   (2) Delegations to rule on interlocutory matters in hearing proceedings.
   Delegations in this category are made to the Chief Administrative Law Judge.

   Note to paragraph (a)(2): Interlocutory matters which are not delegated to
   the Chief Administrative Law Judge are ruled on by the presiding officer by
   virtue of the authority vested in him to control the course and conduct of
   the hearing. This authority stems from section 7 of the Administrative
   Procedure Act and section 409 of the Communications Act rather than from
   delegations of authority made pursuant to section 5(c) of the Communications
   Act. (See  Sec.  Sec. 0.218 and 0.341.).

   (3) Delegations to review an initial decision. Delegations in this category
   are made to individual commissioners, to panels of commissioners.

   (b) Delegations are arranged in this subpart under headings denoting the
   person, panel, or board to whom authority has been delegated, rather than by
   the categories listed in paragraph (a) of this section.

   (c) Procedures pertaining to the filing and disposition of interlocutory
   pleadings in hearing proceedings are set forth in  Sec.  Sec. 1.291 through 1.298 of
   this chapter. Procedures pertaining to appeals from rulings of the presiding
   officer are set forth in  Sec. 1.301. Procedures pertaining to reconsideration of
   the  presiding  officer's  rulings are set forth in  Sec. 1.303. Procedures
   pertaining  to reconsideration and review of actions taken pursuant to
   delegated authority are set forth in  Sec.  Sec. 1.101, 1.102, 1.104, 1.106, 1.113,
   1.115, and 1.117. Procedures pertaining to exceptions to initial decisions
   are set forth in  Sec.  Sec. 1.2761.279.

   (d)  The Commission, by vote of a majority of the members then holding
   office, may delegate its functions either by rule or by order, and may at
   any time amend, modify, or rescind any such rule or order.

   (1) Functions of a continuing or recurring nature are delegated by rule. The
   rule is published in the Federal Register and is included in this subpart.

   (2) Functions pertaining to a particular matter or proceeding are delegated
   by order. The order is published in the Federal Register and associated with
   the record of that matter or proceeding, but neither the order nor any
   reference to the delegation made thereby is included in this subpart.

   [ 28 FR 12402 , Nov. 22, 1963, as amended at  50 FR 26567 , June 27, 1985;  62 FR 4170 , Jan. 29, 1997]


Goto Section: 0.186 | 0.203

Goto Year: 2004 | 2006
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