(2) Those which are to be acted upon by the Review Board under § 0.365 (b) and (d).

(3) Those which are to be acted upon by the Chief Hearing Examiner under $0.351.

(b) Any question which would be acted upon by the hearing examiner if it were raised by the parties to the proceeding may be raised and acted upon by the hearing examiner on his own motion.

(c) Any question which would be acted upon by the Chief Hearing Examiner, the Review Board or the Commission, if it were raised by the parties, may be certified by the hearing examiner, on his own motion, to the Chief Hearing Examiner, the Review Board or the Commission, as the case may be.

[29 FR. 6442, May 16, 1964]

$ 0.347 Record of actions taken.

Except for actions taken during the course of the hearing and upon the record thereof, actions taken by a hearing examiner pursuant to § 0.341 shall be recorded each week in writing and filed in the official minutes of the Commission.

CHIEF HEARING EXAMINER

$0.351 Authority delegated.

The Chief Hearing Examiner shall act on the following matters in proceedings conducted by hearing examiners:

(a) Initial specifications of the time and place of hearings where not otherwise specified by the Commission and excepting actions under authority delegated by § 0.296.

(b) Designation of the hearing examiner to preside at hearings.

(c) Orders directing the parties or their attorneys to appear at a specified time and place before the hearing examiner for an initial prehearing conference in accordance with § 1.251(a) of this chapter. (The hearing examiner named to preside at the hearing may order an initial prehearing conference although the Chief Hearing Examiner may not have seen fit to do so and may order supplementary prehearing conferences in accordance with § 1.251(b) of this chapter.)

(d) Petitions requesting a change in the place of hearing where the hearing a scheduled to begin in the District of Crumbla or where the hearing is scheded to begin at a field location and all

51-004-00

appropriate proceedings at that location have not been completed. (See § 1.253 of this chapter.)

(e) In the absence of the hearing examiner who has been designated to preside in a proceeding, to discharge the hearing examiner's functions.

(f) All pleadings filed, or matters which arise, after a proceeding has been designated for hearing, but before an examiner has been designated, which would otherwise be acted upon by the examiner, including all pleadings filed, or matters which arise, in cease and desist and/or revocation proceedings prior to the designation of a presiding officer.

(g) All pleadings (such as motions for extension of time) which are related to matters to be acted upon by the Chief Hearing Examiner.

[29 F.R. 6443, May 16, 1964]

§ 0.357 Record of actions taken.

Actions taken by the Chief Hearing Examiner shall he recorded each week and filed in the official minutes of the Commission.

The

(a) The Review Board is a permanent body with continuing functions. The main function of the Board is to review matters referred to it by the Commission in hearing proceedings. The Board also takes original action on certain interlocutory matters which arise during the course of hearing proceedings. hearing matters referred to the Board on a regular basis are listed in § 0.365. Other hearing matters may be referred to the Board for review on a case by case basis, either at the time of designation for hearing or upon consideration of exceptions. The Commission may, from time to time, assign the Board additional duties not inconsistent with these functions.

(b) Any matter referred to the Board on a regular basis or otherwise may, on its own motion or upon its consideration of the motion of any party, be certified by the Board to the Commission, with a request that the matter be acted upon by the Commission, if in the Board's judgment the matters at issue are of such a nature as to warrant Commission review of any decision which the Board might otherwise have made. If a majority of the members of the Com

mission then holding office vote to grant the Board's request, the matter shall be acted upon by the Commission.

(c) Whenever the Commission determines that a matter pending before the Board involves a novel or important issue of law or policy, it may, on its own motion, by the vote of a majority of the members then holding office, direct that any matter before the Board be certified to the Commission for decision. However, no petition requesting the Commission to take such action will be entertained.

(d) The Review Board shall decide each matter before it by majority vote in accordance with the Communications Act of 1934, as amended, rules and regulations, case precedent, and established policies of the Commission. In review

ing initial decisions referred to it, the Review Board is authorized to perform all of the review functions which would otherwise have been performed by the Commission under §§ 1.273-1.282 of this chapter.

(e) The Review Board is composed of three or more Commission employees. Members of the Board are designated by the Commission, serve indefinitely on a full-time basis, and are responsible only to the Commission. Neither the Commission nor any of its members will discuss the merits of any matter pending before the Board with the Board or any of its members.

(f) A minimum of three members will participate in each case referred to the Board. A majority of the members who participate in a case shall constitute a quorum. Any member assigned to a case who is not present at oral argument may, after reading the transcript of oral argument, participate in the Board's decision. However, so far as practicable, all of the members of the Board assigned to a case shall hear oral argument.

(g) Except in interlocutory matters, each opinion of the Review Board will be signed by one of its members, who shall be responsible for its preparation.

(h) Actions taken by the Review Board shall be recorded in writing and filed in the official minutes of the Commission.

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 6443, May 16, 1964]

§ 0.365 Authority delegated to the Review Board on a regular basis.

(a) Review of initial decisions. Unless the Commission specifies to the con

trary at the time of designation for hearing or otherwise, the Review Board shall review initial decisions of hearing examiners in all adjudicative proceedings (including mixed adjudicative and rule making proceedings), except for proceedings involving the renewal or revocation of a station license in the Broadcast Radio Services or the Common Carrier Radio Services.

(b) Original action on interlocutory matters. In adjudicative proceedings conducted by hearing examiners (including mixed adjudicative and rule making proceedings), the Review Board shall take original action on the following interlocutory matters and upon any question with respect to such matter which is certified to it by the presiding examiner (see § 1.291 of this chapter)

(1) Petitions to amend, modify, en large, or delete issues upon which th hearing was ordered.

(2) Joint requests for approval o agreements filed pursuant to § 1.525 o this chapter and, if further hearing i not required on issues other than thos arising out of the agreement, to termi nate the proceeding and make appropri ate disposition of all applications. (I considering such requests, the Revie Board may in its discretion, hold infor mal conferences with counsel for partie to the proceeding.)

(c) Action on interlocutory appeal from rulings of hearing examiners. Th Review Board shall act on interlocutor appeals from rulings of hearing examin ers in adjudicative proceedings (includ ing mixed adjudicative and rule makin proceedings). See § 1.301 of th chapter.

(d) Action on pleadings filed in cas or matters which are before the Boar The Review Board shall act on all plea ings filed in cases or matters which a before the Board.

[29 F.R. 6443, May 16, 1964]

CHIEF, OFFICE OF OPINIONS AND REVIE § 0.371 Authority delegated.

(a) The Chief, Office of Opinions a Review, is delegated authority to a upon the following matters in heari proceedings which are pending befo the Commission en banc:

(1) Uncontested motions or petitio for extension of time.

(2) Pleadings which are moot.

(b) Actions taken by the Chief, Opi ions and Review, pursuant to the pr

visions of this section shall be recorded each week in writing and filed in the official minutes of the Commission. [28 FR. 12402, Nov. 22, 1963, as amended at 30 FR. 3223, Mar. 9, 1965]

DEFENSE AND EMERGENCY PREPAREDNESS DELEGATIONS

$ 0.381

Defense Commissioner.

(a) The authority delegated to the Commission under Executive Order 11092 is redelegated to the Defense Commissioner.

(b) Actions taken by the Defense Commissioner pursuant to paragraph (a) of this section shall be recorded in writing and filed in the official minutes of the Commission.

$ 0.333 Emergency Relocation Board.

(a) During any period in which the Commission is unable to function because of the circumstances set forth in § 0.186 (a), all work, business or functions of the Federal Communications Commission arsing under the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation Beard.

(b) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order, cerfy, report or otherwise act as to any of the said work, business or functions so assigned or referred to it, and in respect #ereof shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations.

(c) Any order, decision or report made or other action taken by the said Board A respect of any matters so assigned or referred shall have the same effect and force, and may be made, evidenced, and enforced in the same manner, as if made or taken by the Commission.

(d) Actions taken by the Board shall be recorded each week in writing and fed in the official minutes of the Comssion

10.385 FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning during a wartime emergency period. Engineers in Charge of Field EngineerBureau district offices at Boston, Maachusetts; Baltimore, Maryland; Lanta, Georgia; Detroit, Michigan;

. Texas: Denver, Colorado; San Francisco, California; and Seattle,

Washington, are designated as FCC representatives to Regional Preparedness Committees. FCC Field Liaison Officers of the FCC Office of Emergency Communications are designated as alternates. These Committees will be activated in wartime emergency periods or during Civil Defense exercises. These FCC representatives will give advice and assistance to Regional Directors of the Office of Emergency Planning and to other Federal agencies within the respective office of Emergency Planning region on matters relating to the functions and responsibilities of the FCC. They will also coordinate FCC operations within the region in the event of a regional "cut-off" situation. For the purpose of delegating authority to FCC representatives to act for the Commission, a regional "cut-off" situation shall be considered as existing when either no communication to higher authority within the FCC can be effected, or such communication as exists could not be expected to provide an answer from higher authority within the FCC in time to authorize urgent actions that the FCC representative determines cannot be delayed until such answer is received. The delegations of authority set forth in paragraphs (a), (b), and (c) of this section are made to these Engineers in Charge or to their alternates, to enable them to carry out their responsibilities.

(a) When communication is available to higher authority within the FCC. When instructions can be obtained from higher authority within the FCC, delegation of authority to FCC representatives assigned to Regional Preparedness Committees shall comprise that set forth in § 0.314. Action under this delegation must be consistent with any defense rules that supersede rules for normal conditions, wartime plans and emergency orders that may be adopted by the Commission, emergency legislation, Executive Orders, and any pertinent actions of other Government agencies taken pursuant to authority delegated to them under section 606 of the Communications Act of 1934, as amended.

(b) During a temporary "cut-off” period when communication to higher authority within the FCC is disrupted. When instructions cannot be obtained from higher authority within the FCC and when immediate action must be taken, delegation of authority to FCC representatives assigned to Regional

Preparedness Committees of the Office of Emergency Planning shall comprise the following in addition to the delegations included in paragraph (a) of this section:

(1) Matters delegated to the Chief and Deputy Chief of the Field Engineering Bureau under § 0.311(b).

(2) Matters delegated to the Chief, Broadcast Bureau by § 0.281.

(3) Matters delegated to the Chief, Safety and Special Radio Services Bureau by §§ 0.331-0.333, except for the authority to act on requests for waiver of rules governing the availability of frequencies below 25 megacycles in the Aviation and Maritime Services.

(4) Matters delegated to the Chief, Common Carrier Bureau by §§ 0.291, 0.294, 0.303 (d)-(f), 0.304, 0.305, and 0.307.

(5) Matters delegated to the Chief Engineer by §§ 0.241 and 0.243.

(6) Authority to act on requests for temporary authorizations for new or modified radio station operations, subject to the provisions of the Communications Act of 1934, as amended.

(7) Authority to act on requests for temporary authorization for all classes of radio operators, subject to the provisions of the Communications Act of 1934, as amended.

(8) Authority to waive temporarily any provisions of this chapter applicable to radio stations and radio operators, subject to the provisions of the Communications Act of 1934, as amended: Provided, however, That such authority shall not include waiver of rules governing the availability of frequencies below 25 megacycles in the Aviation and Maritime Services, nor any of the Emergency Broadcast System Rules.

(c) General. (1) All authorizations granted pursuant to authority contained in paragraph (b) of this section shall be reported to higher Commission authority at the earliest opportunity. Such authorizations shall be subject to review and cancellation or revision, without hearing, by the FCC representatives assigned to Regional Preparedness Committees or by higher Commission authority when the need for such action arises.

(1) Written authorizations granted pursuant to authority contained in paragraph (b) of this section shall show plainly on their face that they are temporary authorizations, not to exceed 30

days from the date of issue, and subje to review and cancellation or revisio without hearing.

(ii) Where immediate oral authoriza tions are necessary, the applicant sha be orally informed of the limitation enumerated above in this subparagrap and the oral authorization shall be fo lowed as soon as possible by a writt authorization bearing the same date issue as the date of oral authorizatio If the "cut-off" period exceeds 30 da in duration, such authorizations may renewed for additional periods of 30 da each.

(2) Actions taken under any deleg tion of authority must take into f account, and be in conformance wi any defense rules that supersede ru for normal conditions; wartime em gency plans and orders of the Comm sion; emergency legislation; Execut Orders; and any pertinent actions other Government agencies taken p suant to authority delegated to th under section 606 of the Communicatio Act of 1934, as amended.

(3) No actions shall be taken un any delegation of authority until i consideration is given to the effect such actions on the continuance of vi radio communications, both Gove ment and non-Government, on a wor wide or nationwide basis and in ad cent regions. If the FCC representat assigned to the Regional Preparedn Committee of the Office of Emerge Planning determines that interfere to radio operations outside of a "cutregion may result by authorizing new modified radio facilities (for exampl change of frequency or power of a ra station), he shall withhold such auth zation unless directed to grant the t porary authorization by higher author

(4) Coordination shall be effec where possible, with the FCC represe tives assigned to Regional Prepared Committees of the Office of Emerge Planning in adjacent regions before ing to authorize temporary requests radio operations.

(5) New obligations incurred pursu to delegation of authority specified this section for personal service, proc ment, contract agreements, and sim items shall not exceed the amount thorized by the Commission's Budget ficer in periodic emergency allotn authorizations.

[29 F.R. 14665, Oct. 28, 1964]

§ 0.386 Record of actions taken.

Actions taken under § 0.385(b) by FCC representatives assigned to Regional Preparedness Committees of the Office of Emergency Planning shall be reported in writing to the Chief, Field Engineering Bureau at the earliest opportunity. 129 FR. 15123, Nov. 28, 1964]

$0.387 Other defense and emergency preparedness delegations; cross ref

erence.

(a) For authority of the Chief of the Broadcast Bureau to issue National Defense Emergency Authorizations, see {0.281(h) and 1.502.

(b) For authority of the Chief and Deputy Chief of the Field Engineering Bureau to declare a general communications emergency, see § 0.311(b).

28 PR. 12411, Nov. 22, 1963, as amended at 29 PR. 15923, Nov. 28, 1964]

Subpart C-Information and
Applications

SOURCE: The provisions of this Subpart C appear at 28 F.R. 12411, Nov. 22, 1963, except therwise noted.

GENERAL

10.401 Location of Commission offices. a) The main offices of the Commistra are located in the New Post Office ding, 13th Street and Pennsylvania Avenue NW, Washington, D.C., and in 1101 Building, 11th Street and Pennania Avenue NW., Washington, D.C. 1 Documents submitted by mail to e offices should be addressed to: Federal Communications Commission, Washington, D.C., 20554.

2 Hand-carried mail containing fees hd be delivered to:

Mal and Files Division, Office of Executive Director, New Post Office Building, 13th Street and Pennsylvania Avenue NW., Washington, D.C.

1. Other hand carried documents dbe delivered to:

ce of the Secretary, New Post Office Balding. 13th Street and Pennsylvania Artde NW, Washington, D.C.

The Commission's laboratory is rated north of Laurel, Maryland. The address is:

PTC Laboratory.

lael, Maryland, 20810.

(a) Hours. The offices of the Commission are open from 8:30 a.m. to 5 p.m., Monday through Friday, excluding legal holidays.

(b) Meetings. Unless otherwise directed, meetings of the Commission are held at its main office in Washington, D.C.

§ 0.405 Miscellaneous submittals or requests.

Persons desiring to make requests or submittals of a general nature should communicate with the Office of the Secretary of the Commission. Those who wish to apply for employment should communicate with the Chief, Manpower Utilization and Survey Division. Both offices are in Washington, D.C.

§ 0.407 Reports of violations.

Reports of violations of the Communications Act or of the Commission's rules and regulations may be submitted to the Commission in Washington or to any field office.