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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 §§ 1.291-1.298 of this chapter. Procedures pertaining to appeals from rulings of the presiding officer are set forth in § 1.301. Procedures pertaining to reconsideration of the presiding officer's rulings are set forth in § 1.303. Procedures pertaining to reconsideration and review of actions taken pursuant to delegated authority are set forth in §§ 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 §§ 1.276-1.279.

(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.

§ 0.203 Authority of person, panel, or board to which functions are delegated.

(a) The person, panel, or board to which functions are delegated shall, with respect to such functions, have all the jurisdiction, powers, and authority conferred by law upon the Commission, and shall be subject to the same duties and obligations.

(b) Except as provided in § 1.102 of this chapter, any action taken pursuant to delegated authority shall have the same force and effect and shall be made, evidenced, and enforced in the same manner as actions of the Commission. COMMISSIONERS

§ 0.211 Chairman.

The responsibility for the general administration of internal affairs of the Commission is delegated to the Chairman of the Commission. The Chairman will keep the Commission advised concerning

his actions taken under this delegation of authority. This authority includes: (a) Actions of routine character as to which the Chairman may take final action.

(b) Actions of non-routine character which do not involve policy determinations. The Chairman may take final action on these matters but shall specifically advise the Commission on these actions.

(c) Actions of an important character or those which involve policy determinations. In these matters the Chairman will develop proposals for presentation to the Commission.

(d) To act within the purview of section 403 (a) of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, upon tort claims directed against the Commission where the amount of damages does not exceed $2,500.

(e) Actions under § 0.417(c) involving a request for inspection of records or files not routinely available for public inspection, or the disclosure of information contained therein; and actions under $ 0.417(d) involving a demand (subpena, order or other demand) for the production of such records or files, or for testimony concerning information contained therein.

[28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 8678, July 9, 1965]

$ 0.212 Board of Commissioners.

(a) Whenever the Chairman or Acting Chairman of the Commission determines that a quorum of the Commission is not present or able to act, he may convene a Board of Commissioners. The Board shall be composed of all Commissioners present and able to act.

(b) The Board of Commissioners is authorized to act upon all matters normally acted upon by the Commission en banc, except the following:

(1) The final determination on the merits of any adjudicatory or investigatory hearing proceeding or of any rule making proceeding, except upon a finding by the Board that the public interest would be disserved by waiting the convening of a quorum of the Commission.

(2) Petitions for reconsideration of Commission actions.

(3) Applications for review of actions taken pursuant to delegated authority. (c) The Board of Commissioners is authorized to act upon all matters normally acted upon by an individual

Commissioner (when he or his alternates are not present or able to act) or by a committee of Commissioners (in the absence of a quorum of the committee).

(d) Actions taken by the Board of Commissioners shall be recorded in the same manner as actions taken by the Commission en banc.

(e) This section has no application in circumstances in which the Commission is unable to function at its offices in Washington, D.C. See §§ 0.181-0.186 and 0.381-0.387.

[30 F.R. 9314, July 27, 1965]

§ 0.214 Telegraph Committee.

(a) A Telegraph Committee, composed of three Commissioners, designated as such by the Commission or a majority thereof, will act, except as otherwise ordered by the Commission, upon all applications or requests submitted under sections 214 or 319 of the Communications Act of 1934, as amended, by carriers engaged principally in record communication, for certificates or authorization for the construction, acquisition, operation, or extension of telegraph wire, cable, or radio facilities, for temporary or emergency telegraph service, for supplementing existing telegraph facilities, or for discontinuance, reduction, or impairment of telegraph service, except those covered by §§ 0.291 and 0.294.

(b) Actions taken by the Telegraph Committee shall be recorded each week in writing and filed in the official minutes of the Commission.

$0.215 Telephone Committee.

(a) A Telephone Committee, composed of three Commissioners, designated as such by the Commission, or a majority thereof, will act, except as otherwise ordered by the Commission, upon all applications or requests submitted under sections 214 or 319 of the Communications Act of 1934, as amended, by carriers engaged principally in telephone communication, for certificates or authorizations for the construction, acquisition, operation, or extension of telephone or telegraph wire, cable, or radio facilities, for temporary or emergency telephone service, for supplementing existing telephone or telegraph facilities, or for discontinuance, reduction, or impairment of telephone or telegraph service, except those covered by §§ 0.291 and 0.294.

(b) Actions taken by the Telephone Committee shall be recorded each week in writing and filed in the official minutes of the Commission.

§ 0.216 Delegation to Subscription Television Committee.

(a) A Subscription Television Committee, composed of three Commissioners, designated as such by the Commission, or a majority thereof, will act, except as otherwise ordered by the Commission, upon all requests and other matters pertaining to trial subscription television operations authorized in accordance with the provisions of the Third Report in Docket No. 11279, with the exception of applications for authority to conduct trial subscription television operations on stations not previously engaged in such operations.

(b) All actions which are taken by the Subscription Television Committee which dispose of requests or application shall be recorded in writing and filed in the official minutes of the Commission. [28 F.R. 13746, Dec. 17, 1963]

§ 0.218

Authority of, and delegated to, an individual commissioner or commissioners.

(a) One or more members of the Commission may be designated to preside in a hearing proceeding. The commission or commissioners designated to preside at such a hearing shall fix the time and place of the hearing and shall act upon all motions, petitions or other matters which may arise while the proceeding is in hearing status.

(b) One or more members of the Commission may be designated to review an initial decision issued in any hearing

case.

(c) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a commissioner or commissioners pursuant to the provisions of this section shall be recorded in writing and filed in the official minutes of the Commission. EXECUTIVE DIRECTOR

§ 0.231 Authority delegated.

(a) The Executive Director, or his designee, is delegated authority to exempt Standard, FM, and Television broadcast licensees from the requirement of installing and maintaining the necessary equipment to receive Emergency Action Notifications and Terminations

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§ 0.241 Authority delegated to the Chief Engineer.

The Chief Engineer is delegated authority to act upon the following matters which are not in hearing status:

(a) With respect to type approval of radio frequency equipment and certification of radio frequency equipment as acceptable for licensing, to exercise all functions of the Commission pertaining to the:

(1) Examination of all applications for type approval of radio frequency equipment as provided for in this chapter; performance of tests, analysis of data, and determination of compliance with the provisions of this chapter; issuance of type approval certificates for radio frequency equipment which complies with the provisions of this chapter; and issuance of lists of type approved equipment.

(2) Examination of all applications for certification of radio frequency equipment as acceptable for licensing as provided for in this chapter; notification to the applicant that an examination of the certified technical information and data submitted in accordance with the provisions of this chapter indicates that the equipment does or does not appear to be acceptable for licensing in the particular radio service or services involved; and issuance of lists of radio frequency equipment certified as acceptable for licensing.

(b) With respect to stations operating in the Experimental Radio Service that are not engaged in the development of

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Applicators for Ecense or 1 france of License to cover constru per

* Applicanons for renewa icenses.

7 Applications for extension o expiration date of construction pe 8 For addition, modification, crdination of programs of resear experimentation so as to provide maximum results from the experi tation which can be reasonably exp of the licensee or licensees.

(9) Requests for operation wi modified antenna system where f application is not required.

(10) Requests for extension of within which to comply with tech requirements specified in authoriza orders, rules, or releases of Commi

(11) Representation of compl with technical requirements specif authorizations, orders, rules, or re of the Commission (except formal cations).

(12) Requests to operate at a te rary location with a temporary an system.

(13) Request for special conditi operation necessary to comply with nical requirements specified in auth tions, orders, rules, or releases d Commission.

(14) Request for special temp authority in emergency cases, at outside of the regular office hours Commission and requiring imm action during those hours.

(15) Request for exemption from tion identification requirements.

(16) Request for exemption transmitter control requirements.

(17) Request for exemption from limitation on authorized points of communication.

(c) To assign new or modified call signs to stations in all of the radio services except the Citizens and Amateur Radio Services. See $0.332(a) and 1550 of this chapter.

[28 FR. 12402, Nov. 22, 1963, as amended at 28 FR. 14502, Dec. 31, 1963; 29 F.R. 15577, Nov. 20, 1964]

§ 0.243 Authority delegated to the Chief Engineer upon securing concurrence of the General Counsel.

(a) The Chief Engineer, upon securing concurrence of the General Counsel, is delegated authority with respect to stations operating in the experimental radio services, other than experimental and developmental stations operating in established services under the jurisdiction of a single bureau, to act upon the following matters:

(1) Applications for construction permits for new stations.

(2) All requests for withdrawal of papers in accordance with § 1.8 of this chapter.

(3) Applications for consent to assignment and transfer of control of station authorizations.

(4) The extension of time previously ordered by the Commission within which transfers of control or assignment of Ecenses be effectuated.

(b) The Chief Engineer, upon securing concurrence of the General Counsel, is authorized to determine under § 1.80 of this chapter whether forfeiture liability has been incurred in connection with the operation of any station governed by Part 5 of this chapter, and to issue notices of apparent liability as provided in § 1.80.

(c) The Chief Engineer, upon securing concurrence of the General Counsel, is delegated authority to act upon requests for waiver of the all-channel television receiver rules contained in Part 15 of this chapter where the receiver invived in such requests is an integral part of a hospital communications sysm. In such cases, a grant may be made when there is no danger of adPersely affecting the audience potential of

ent or future UHF television stations, and benefits are to be derived from the Frant of the requests.

29 FR 12402, Nov. 22, 1963, as amended at FR 10585, July 20, 1964]

§ 0.247

Authority to issue orders; record of actions taken.

In matters pertaining to authority granted in §§ 0.241 and 0.243, the Chief Engineer is authorized to make orders in letter form for the signature of the Secretary of the Commission. The application and authorization files and other appropriate files of the Office of the Chief Engineer are designated as the official minute entries of action taken pursuant to the aforesaid delegated authority. The authorization issued by the Office of the Chief Engineer in accordance with its assigned functions and the delegations of authority shall bear the signature of the Secretary of the Commission.

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(a) The General Counsel is delegated authority to act, in the absence of the Chairman, within the purview of section 403 (a) of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672, upon tort claims directed against the Commission where the amount of damages does not exceed $2,500.

(b) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority to act upon requests for extension of time within which briefs and comments may be filed. [28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 8678, July 9, 1965] § 0.257

Record of actions taken.

Actions taken in accordance with § 0.251 shall be recorded each week and filed in the official minutes of the Commission.

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(c) Actions taken in accordance with this section shall be recorded each week in writing and filed in the official minutes of the Commission.

CHIEF, BROADCAST BUREAU

§ 0.281 Authority delegated.

The Chief of the Broadcast Bureau is delegated authority to act upon applications, requests, and other matters which are not in hearing status relating to broadcast services as follows:

(a) Formal applications for broadcast authorizations:

(1) For construction permits for new or changed standard, FM, noncommercial educational FM, television, television translator, and UHF television booster facilities, or for modification thereof; for licenses or modification thereof; or for renewal of licenses for such facilities for the normal license term, which applications comply fully with the requirements of the Communications Act and the provisions of this chapter, accord with Commission policy and standards, are not mutually exclusive with any other application, and concerning which no petition to deny pursuant to § 1.580 of this chapter or other substantial objection has been filed.

(2) For assignment of broadcast licenses or permits or for transfer of control of broadcast licensees or permittees, which applications comply fully with the requirements of the Communications Act and the provisions of this chapter, accord with Commission policy and standards, and concerning which no petition to deny pursuant to § 1.580 of this chapter or other substantial objection has been filled.

(3) For new or modified experimental, developmental, and auxiliary broadcast authorizations covered by Part 74 of this chapter, or for renewal of authority for such facilities.

(4) For reinstatement of expired construction permits.

(5) For new or modified Subsidiary Communications Authorizations, or for renewal of such Authorizations.

(b) Designate for hearing, upon appropriate issues, mutually exclusive applications for new or modified standard, FM, noncommercial FM, and television facilities.

(c) Requests for temporary authority: (1) For temporary waiver of technical operating requirements relating to

overall system performance thereof and rules requiring th items of equipment be empl (2) For operation with tem tenna system.

(3) For operation with transmitter as main transmi

(4) For operation with new fied equipment pending repair equipment or pending receipt upon a formal application.

(5) For operation with redu or to make other changes in of authorized equipment for

reasons.

(6) For special operation ne facilitate equipment, program ice tests or to comply with requirements specified in auth orders, rules or releases of the sion.

(7) For operation with licen or modified equipment at a t site with a temporary antenn when in case of an emergency i impossible to continue operati regularly authorized site.

(8) For special operation of in the experimental, developme auxiliary broadcast services co Part 74 of this chapter.

(9) For temporary authority gency cases, at times outside regular office hours of the Com which require immediate action such hours.

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(10) For authority for broadcast stations to operat visual-to-aural power other th specified in this chapter.

(d) Miscellaneous applicatio requests:

(1) For temporary operation lesser period of time than spec §§ 73.71, 73.261, and 73.651 of thi ter, or to remain silent for ter periods.

(2) For extension of time which a transfer of control or ment of license may be effectuat

(3) For authority for FM br stations to transmit multiplex fa in accordance with $73.266 chapter.

(4) For authority to rebroadcas authorization is required under P and 74 of this chapter.

(5) For any permit required provisions of section 325 (b) of the munications Act.

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