ment subject to Part 18 of this chapter, to issue, in accordance with section 312 (c) of the Act, (i) orders to show cause why a cease and desist order pursuant to section 312(b) should not be issued; and (ii) cease and desist orders after waiver of hearing and certification of the proceeding to the Commission pursuant to § 1.92 of this chapter.

(5) To suspend commercial operator licenses and to designate the matter for hearing, as provided for in § 1.85 of this chapter.

(6) To act on requests for a waiver of the English language provisions of §§ 13.22 and 13.23 of this chapter in the case of Spanish-speaking applicants in Puerto Rico and vicinity, and to issue licenses bearing appropriate restrictions to those applicants found qualified.

(7) To dismiss without prejudice applications for new and renewal commercial radio operator licenses in cases where prior to designation of such applications for hearing an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(8) To act on requests for a provisional radio operator certificate.

(9) To act on requests by holders of a pilot certificate issued by the Civil Aeronautics Administration or the Federal Aviation Agency for a waiver of the United States citizenship requirement under section 303 (1) of the Communications Act of 1934, as amended.

(10) To act on requests for waiver of the written examination requirements of §§ 13.21 and 13.22 of this chapter and to authorize oral examination in lieu thereof.

(11) To reject certifications of industrial heating equipment as provided in § 18.118(a) of this chapter and to accept certifications of industrial heating equipment as provided in § 18.118 (d) of this chapter.

(12) To determine under § 1.80 of this chapter whether forfeiture liability has been incurred by any licensed commercial radio operator (except where the operator is also subject to liability as licensee of the station in question), and to issue notices of apparent liability as provided by § 1.80.

NOTE: Where the operator is also subject to liability as licensee of the station, the question of liability is determined, and the notice of apparent liability is issued, by the Chief of the Bureau or Office which exercises

authority over the class of station involved. See §§ 0.243(b), 0.292(b), and 0.332(d).

(13) To act on requests for a waiver of the geographical restriction in § 13.4 (c) of this chapter on the validity of operator licenses issued to alien aircraft pilots.

(b) The Chief and the Deputy Chief of the Field Engineering 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 § 97.107 of this chapter with respect to the operation of amateur stations during a state of general communications emergency.

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 12773, Sept. 10, 1964; 29 F.R. 15923, Nov. 28, 1964; 28 F.R. 2402, Nov. 22, 1963; 30 F.R. 7521, June 9, 1965]

§ 0.313

Record of actions taken.

(a) Actions taken by the Chief or Deputy Chief of the Field Engineering Bureau in accordance with the delegations listed in § 0.311 shall be recorded each week in writing and filed in the official minutes of the Commission.

(b) The authorizations issued by the Bureau in accordance with its assigned functions and the delegations of authority transferred hereby shall bear the seal of the Commission and the signature of the Secretary of the Commission. [28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 15923, Nov. 28, 1964]

§ 0.314 Authority delegated to the Engineers in Charge.

The Engineers in Charge at each headquarters office of the 24 districts of the Field Engineering Bureau are delegated authority to act upon the following applications, requests, or other matters which are not in hearing status:

(a) For new, modified replacement duplicate or renewal commercial radio operator license and provisional radic operator certificate.

(b) For temporary permission to op erate standard and FM broadcast sta tions with licensed operators of lesse grade than normally required by th Commission's rules or for waiver of othe technical requirements of operators a such stations.

(c) In cases of informal requests from broadcast stations to extend temporar authority for operation without any d the following: modulation monitor, fre

quency monitor, plate ammeter, plate voltmeter, base current meter, common point meter, and transmission line meter from FM and television stations.

(d) Relating to the time within which an applicant for amateur or commercial radio operator license may take an examination after having failed a previous examination (§§ 13.27 and 97.33 of this chapter).

(e) For periodic survey as required by section 385 of the Communications Act of 1934, as amended, and issuance of Communications Act radiotelephony certificates in accordance with § 83.501(b) of this chapter.

(f) Applications, in any acceptable form, filed at Commission field offices located in Alaska, for special temporary operator license authorization, in lieu of regular commercial radio operator license, when it is shown that there is a need for such authorization for use in connection with the protection of life or property during an emergency period.

(g) Requests for interim ship station and for interim radar ship station licenses as provided by Part 83 of this chapter governing stations on shipboard in the maritime services.

(h) For special operation necessary to facilitate equipment, program and service tests or to comply with technical requirements specified in authorizations, orders, rules or releases of the Commis

sion.

(i) Operation during daytime for specified periods with the nighttime facilities in order to check measurements and operation.

(j) For ship radio inspection and certfication of the ship radio license, pursuant to the requirements of section 362 (b) of the Communications Act of 1934, as amended.

(k) For a Safety Radiotelegraphy Certificate or a Safety Radiotelephony Certicate in accordance with the terms of Regulations 11 and 12, Chapter I, of the Safety Convention.

(For inspection or periodical survey as required by Article 11 of the Great Lakes Agreement and certification prescribed by Articles 12 and 13 thereof.

m Issuance of notices and orders to operators of industrial heating equipment, as provided in §§ 18.120 and 18.121 of this chapter.

(n) Requests for permission to resume operation of industrial heating equip

ment on a temporary basis, as provided in §§ 18.120 and 18.121 of this chapter, and requests for extensions of time within which to file final reports, as provided by § 18.122 (b) of this chapter.

(0) Informal applications filed in accordance with the provisions of § 83.46 (c) of this chapter for temporary waivers of annual inspection of vessels as required by section 362(b) of the Communications Act of 1934, as amended. § 0.315 Authority delegated to Engineers in Charge who serve as FCC representatives to Office of Civil Defense (OCD) Regional Civil Defense Coordinating Boards and Regional Preparedness Committees of the Office of Emergency Planning (OEP).

(a) Engineers in Charge of Field Engineering Bureau district offices at Boston, Massachusetts; Baltimore, Maryland; Atlanta, Georgia; Detroit, Michigan; Dallas, Texas; Denver, Colorado; San Francisco, California; and Seattle, Washington, are designated as the principal FCC representatives to Regional Preparedness Committees. (FCC Field Liaison Officers of the Office of Emergency Communications are designated as alternates. The authority delegated to FCC representatives to Regional Preparedness Committees is set forth in § 0.385.)

(b) Engineers in Charge of Field Engineering Bureau district offices at Boston, Massachusetts; Baltimore, Maryland; Atlanta, Georgia; Detroit, Michigan; Dallas, Texas; Denver, Colorado; San Francisco, California; and Seattle, Washington, are designated as the alternate FCC representatives to the Regional Civil Defense Coordinating Boards. (FCC Liaison Officers of the Office of Emergency Communications are designated as the principal representatives to the Regional Civil Defense Coordinating Boards. The functions to be performed by the FCC representatives to Regional Civil Defense Coordinating Boards is set forth in § 0.184.)

(c) The Engineers in Charge listed in paragraph (a) of this section are designated as FCC representatives to State Emergency Telecommunications Task Groups established by the OEP in its Organization and Planning Guide of September 1962 (OEP Circular 3300.1). [29 F.R. 14665, Oct. 28, 1964]

§ 0.316 Authority delegated to Marine Supervisors at marine offices, to engineers engaged in ship inspection duties at radio district offices, and to radio engineers at suboffices.

(a) The Radio Engineer at each suboffice of a district headquarters office of the Field Engineering Bureau is delegated authority to act upon all matters contained in § 0.314, except paragraph (b).

(b) The Marine Supervisor at the marine office of the Field Engineering Bureau at Tampa, Fla., is delegated authority to act upon matters set forth in § 0.314 (a), (d), (e), (g), (j), (k), and (o). The Marine Supervisor at the marine office of the Field Engineering Bureau at San Pedro, Calif., is delegated authority to act upon matters set forth in § 0.314 (e), (g), (j), (k), and (o), and to act upon applications for restricted radiotelephone operator permits and requests for provisional radio operator certificates related thereto.

(c) Engineers engaged in ship inspection duties at radio district offices of the Field Engineering Bureau are delegated authority to act upon matters set forth in § 0.314 (e), (j), and (1).

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 15288, Nov. 14, 1964]

§ 0.317 Record of actions taken.

All actions taken under § 0.314 or § 0.316 shall be recorded in the field office where such action has been taken, and except for actions taken under § 0.314 (c), (d), (h), and (i), a report thereof shall be sent to the Washington, D.C., office of the Field Engineering Bureau quarterly.

§ 0.318 Authority delegated to operator

examiner.

The operator examiner at the examination office in Gettysburg, Pa., is authorized to act on requests for waiver of the waiting time requirement applying to applicants for amateur radio operator licenses who have failed a previous examination (§ 97.33 of this chapter). [30 F.R. 8837, July 14, 1965]

CHIEF, SAFETY AND SPECIAL RADIO
SERVICES BUREAU

§ 0.331 Authority delegated.

The Chief of the Safety and Special Radio Services Bureau is delegated authority to act upon the following appli

cations, requests, and other matters which are not in hearing status:

(a) Consistent with and pursuant to the rules governing the Disaster Communications Service and the Maritime, Aviation, Public Safety, Industrial, Amateur, Land Transportation, and Citizens Radio Services, and the Fixed Service in Alaska, on all applications for construction permits, modification of construction permits, extension of construction permits, station licenses, modification of station licenses, transfer of control or assignment of construction permits

or station licenses, renewal of station licenses, amateur operator licenses, renewal or modification of amateur operator licenses and special temporary authorizations. With respect to applications involving common carrier matters, this authority shall be exercised jointly with the Chief, Common Carrier Bureau pursuant to §§ 0.304 and 0.333.

(b) On the following matters insofar as they involve the Disaster Communications Service or the Maritime, Aviation Public Safety, Industrial, Amateur Land Transportation, or Citizens Radio Services:

(1) Requests for extensions of time for equipment or service tests or within which to comply with technical require ments specified in authorizations, order and rules or releases of the Commission (2) [Reserved]

(3) Requests for withdrawal of paper in accordance with § 1.8 of this chapte

(4) Requests for extension of tim within which briefs and comments ma be filed with respect to proposed rul making.

(5) To make the finding of emergenc involving danger to life or property due to damage to equipment, as provide by section 308 (a) of the Communicatio Act of 1934, as amended.

(6) Cancellation of station licens construction permits or other authoriz tions upon the request of the licensee permittee or upon abandonment of t station.

(7) Petitions or requests seeki waiver of or exception to any rule, reg lation or requirement, and to act up petitions or requests relating to the signment of frequencies to the vari safety and special radio services but quiring action under § 2.102 of t chapter, when he finds that the ope tion for which permission is sought (i)

of a nonrecurring nature and does not warrant rule making proceedings with a view to establishing it on a regular basis, D) will not exceed 180 days, and (iii) will cause no harmful interference to any service operating in accordance with the Table of Frequency Allocations. This delegation does not apply to requests for renewals of any authority to operate granted hereunder: Provided, however, That none of the foregoing limitations shall apply to petitions or requests for waiver of or exception to any requirement set forth in §§ 97.13, 97.27, 97.51, and 97.95 of this chapter, or to the rerements with regard to types of emission set forth in § 97.111.

(8) To issue, in accordance with secton 312(c) of the Communications Act of 1934, as amended, (i) orders to show cause why an order of revocation purstant to section 312(a) of the Act, or a crase and desist order pursuant to secen 312(b) of the Act, should not be Sued; and (ii) after waiver of hearing and termination of the hearing proCreding in revocation cases as prescribed by 1.92 of this chapter, to issue orders

revocation, including a determination, As appropriate, that the restrictions of 1916 of this chapter are waived in advance, and also orders that revocation all not issue.

9 To grant the authorizations provid for in § 2.102(c) of this chapter.

19) To cancel novice, technician, or nditional class amateur licenses as provided in § 97.35 of this chapter.

(11) To act upon all requests (to the extent that they relate to qualifications for the various amateur operator

ses for waiver of the requirement Part 97 of this chapter where it is alred that, by reason of a protracted or

anent physical disability, the apant is unable to meet the requireRents of such rules.

12 To issue, in accordance with sec3:6 of the Act, orders to modify radiotelephone stations by deleting Gerefrom any frequency when the use er

has resulted in harmonic emisas found to be capable of causing innference to other radio services, and if 4 meaning thereon is requested, to desigte such matters for hearing.

To grant, in the absence of unactreumstances, a six month waiver the type acceptance requirement of 10:39 of this chapter in cases sub

stantially the same as those in which the Commission en banc has taken similar action.

(14) To deny requests for waiver of the type acceptance requirement of § 83.139 of this chapter and dismiss associated applications for ship station licenses in cases substantially the same as those in which the Commission en banc has taken similar action.

(15) To act on requests for waiver of the type acceptance requirement of § 83.139 of this chapter where the applicant is operating a ship radiotelephone transmitter on frequencies between 4 and 27.5 Mc/s and where authority is needed to operate non-type accepted ship radiotelephone equipment pending conversion to single sideband.

(16) To grant waivers of the type acceptance requirements of § 87.77 of this chapter for a period not to extend beyond January 1, 1967, in cases substantially the same as those in which the Commission en banc has taken similar action.

(17) To grant waivers of the type acceptance requirements of § 89.117 of this chapter for a period not to extend beyond January 1, 1967, in cases substantially the same as those in which the Commission en banc has taken similar action.

(c) Consistent with the provisions of section 309 (f) of the Communications Act of 1934, as amended, to grant or deny requests for temporary authorizations and to issue orders stating the reasons therefor, but only prior to the time a petition to deny the application involved has been filed or the application has been designated for hearing.

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 3202, Mar. 10, 1964; 29 F.R. 13815, Oct. 7, 1964; 29 F.R. 14405, Oct. 20, 1964; 29 FR. 14406, Oct. 20, 1964; 29 F.R. 18373, Dec. 24, 1964; 30 F.R. 8678, July 9, 1965]

§ 0.332 Additional authority delegated.

The Chief of the Safety and Special Radio Services Bureau is delegated authority to act upon the following applications, requests and other matters:

(a) Requests for assignment of call signs to new stations in the Citizens and Amateur Radio Services and for changes in the call signs of existing stations in those services.

(b) Applications or requests for exemption, pursuant to the provisions of sections 352(b) and 383 of the Communications Act; Regulation 4, Chapter 1 of

the Safety Convention; Regulation 5, Chapter IV of the Safety Convention; Regulation 12(b), Chapter V of the Safety Convention; or Article 6 of the Great Lakes Radio Agreement:

(1) For emergency and renewal exemption of vessels;

(2) For initial exemption of vessels subject to Title III, Part III of the Act;

(3) For initial exemption of vessels of less than 100 gross tons subject to Title III, Part II of the Act or the Safety Convention;

(4) For exemption from Title III, Part II, of the Act of vessels operated in the Gulf of Mexico which participate in oil well drilling operations when the circumstances are substantially the same as those in precedent cases decided by the Commission en banc; and

(5) [Reserved]

(c) Applications or requests for approval of schedules of transmissions by coast stations of information for the general benefit of mariners to a plurality of mobile stations or to designated fixed locations.

(d) Make determination and notification of incurrence of forfeitures under the provisions of sections 364, 386, 507, and 510 of the Communications Act, with reference to stations governed by the provisions of Parts 81-99 of this chapter.

(e) Applications made pursuant to section 504 (b) of the Communications Act of 1934, as amended, for mitigation or remission of forfeitures imposed under sections 364, 386, 507, and 510 of the Act.

(f) Issue orders suspending the licenses of amateur operators in accordance with section 303 (m) (1) of the Act and if a hearing thereon is requested, to designate such matters for hearing.

(g) Requests pursuant to the provisions of §§ 81.104 (b) (1) and 81.189 (c) (1) of this chapter for waiver or exception to the requirements of those sections concerning 2182 kc/s coast station facilities and watch.

(h) To dismiss applications without prejudice in cases where, prior to designation of such application for hearing, an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(i) To grant or deny applications for permits and to modify, suspend, or cancel such permits, pursuant to Subpart G, Part 97 of this chapter.

(j) Requests for extension of time within which to file pleadings concerning applications filed in the Safety and Spe cial Radio Services which are not i hearing status.

(k) To dismiss petitions and othe pleadings relating to matters not in hear ing status which have clearly been ren dered moot.

[28 F.R. 12402, Nov. 22, 1963, as amended a 30 F.R. 2706, Mar. 3, 1965; 30 F.R. 6779, Ma 19, 1965; 30 F.R. 12125, Sept. 23, 1965] § 0.333 Authority delegated jointly t Chiefs of Common Carrier and Safet

and Special Radio Services Bureau Authority is delegated jointly to th Chief of the Common Carrier Bureau an the Chief of the Safety and Special Rad Services Bureau to act upon application involving common carrier matters in th maritime mobile service, aeronautic mobile service, and in the fixed service Alaska.

[29 F.R. 14406, Oct. 20, 1964]

§ 0.337 Record of actions taken.

The history card pertaining to a ce tain station is designated to be the offici record of the action taken by the Chi Safety and Special Radio Services B reau, in pursuance of the authority del gated to him in §§ 0.331 and 0.332, jointly to him and the Chief of the Cor mon Carrier Bureau in § 0.333. In cas where no history card is prepared, t application and authorization file p taining to the station in question is de ignated to be the official record of t action taken by the Chief of the Bure or by him jointly with the Chief of Common Carrier Bureau. The autho zations issued by the Chief, Safety a Special Radio Services Bureau, shall be the seal of the Commission and the s nature of the Secretary.

HEARING EXAMINERS

§ 0.341 Authority of hearing examin

(a) After a hearing examiner has be designated to preside at a hearing a until he has issued an initial decision certified the record to the Commiss for decision, or the proceeding has b transferred to another hearing examin all motions, petitions and other ple ings shall be acted upon by such hear examiner, except the following:

(1) Those which are to be acted up by the Commission. See § 1.291 (a) of this chapter.