§ 0.331   Authority delegated.

   The Chief, Wireless Telecommunications Bureau, is hereby delegated
   authority to perform all functions of the Bureau, described in § 0.131,
   subject to the exceptions and limitations in paragraphs (a) through (d)
   of this section, and also the functions described in paragraph (e) of
   this section.

   (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 § 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. Orders
   conforming any of the applicable rules in part 17 of this chapter to
   rules formally adopted by the Federal Aviation Administration also need
   not be referred to the Commission if they do not involve novel
   questions of fact, law, or policy. In addition, revisions to the
   airport terminal use list in § 90.35(c)(61) of this chapter and
   revisions to the Government Radiolocation list in § 90.371(b) of this
   chapter need not be referred to the Commission. Adoption of certain
   technical standards applicable to hearing aid compatibility under
   § 20.19 of this chapter made together with the Chief of the Office of
   Engineering and Technology, as specified in § 20.19(k) of this chapter,
   also need not be referred to the Commission. Also, the addition of new
   Marine VHF frequency coordination committee(s) to § 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 § 80.373(f) of this
   chapter marine VHF frequencies are available for intership port
   operations communications in defined port areas.

   (e) The Chief of the Wireless Telecommunications Bureau is delegated
   authority jointly with the Chief of the Office of Engineering and
   Technology to administer provisions of § 15.713(h)(8) of this chapter
   pertaining to the registration of event sites where large numbers of
   wireless microphones that operate on frequencies specified in § 74.802
   of this chapter are used.

   (f) The Chief of the Wireless Telecommunications Bureau is delegated
   authority jointly with the Chief of the Office of Engineering and
   Technology to administer the Spectrum Access System (SAS) and SAS
   Administrator functions set forth in part 96 of this chapter. The Chief
   is delegated authority to develop specific methods that will be used to
   designate SAS Administrators; to designate SAS Administrators; to
   develop procedures that these SAS Administrators will use to ensure
   compliance with the requirements for SAS operation; to make
   determinations regarding the continued acceptability of individual SAS
   Administrators; and to perform other functions as needed for the
   administration of the SAS. The Chief is delegated the authority to
   perform these same functions with regard to the Environmental Sensing
   Capability.

   [ 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;  73 FR 25587 , May 7, 2008;  75 FR 75835 , Dec. 6, 2010;  79 FR 56984 , Sept. 24, 2014;  80 FR 36218 , June
   23, 2015]

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