Goto Section: 0.101 | 0.121 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 0.111 Functions of the Bureau.
(a) Serve as the primary Commission entity responsible for enforcement
of the Communications Act and other communications statutes, the
Commission's rules, Commission orders and Commission authorizations,
other than matters that are addressed in the context of a pending
application for a license or other authorization or in the context of
administration, including post-grant administration, of a licensing or
other authorization or registration program.
(1) Resolve complaints, including complaints filed under section 208 of
the Communications Act, regarding acts or omissions of common carriers
(wireline, wireless and international).
Note to paragraph ( a )(1): The Consumer and Governmental Affairs
Bureau has primary responsibility for informally resolving individual
informal complaints from consumers against common carriers (wireline,
wireless and international) and against other wireless licensees, and
informal consumer complaints involving access to telecommunications
services and equipment for persons with disabilities. The International
Bureau has primary responsibility for complaints regarding
international settlements rules and policies.
(2) Resolve complaints regarding acts or omissions of non-common
carriers subject to the Commission's jurisdiction under Title II of the
Communications Act and related provisions, including complaints against
aggregators under section 226 of the Communications Act and against
entities subject to the requirements of section 227 of the
Note to paragraph ( a )(2): The Consumer and Governmental Affairs
Bureau has primary responsibility for informally resolving individual
informal complaints from consumers against non-common carriers subject
to the Commission's jurisdiction under Title II of the Communications
Act and related provisions.
(3) Resolve formal complaints regarding accessibility to communications
services and equipment for persons with disabilities, including
complaints filed pursuant to sections 225 and 255 of the Communications
(4) Resolve complaints regarding radiofrequency interference and
complaints regarding radiofrequency equipment and devices, including
complaints of violations of sections 302 and 333 of the Communications
Note to paragraph ( a )(4): The Office of Engineering and Technology
has shared responsibility for radiofrequency equipment and device
(5) Resolve complaints regarding compliance with the Commission's
Emergency Alert System rules.
(6) Resolve complaints regarding the lighting and marking of radio
transmitting towers under section 303(q) of the Communications Act.
Note to paragraph ( a )(6): The Wireless Telecommunications Bureau has
responsibility for administration of the tower registration program.
(7) Resolve complaints regarding compliance with statutory and
regulatory provisions regarding indecent communications subject to the
(8) Resolve complaints regarding the broadcast and cable television
children's television programming commercial limits contained in
section 102 of the Children's Television Act.
Note to paragraph ( a )(8): The Media Bureau has responsibility for
enforcement of these limits in the broadcast television renewal
(9) Resolve complaints regarding unauthorized construction and
operation of communications facilities, including complaints of
violations of section 301 of the Communications Act.
(10) Resolve complaints regarding false distress signals under section
325(a) of the Communications Act.
(11) Resolves other complaints against Title III licensees and
permittees, including complaints under § 20.12(e) of this chapter.
Note to paragraph ( a )(11): The Media Bureau has primary
responsibility for complaints regarding children's television
programming requirements, and for political and related programming
matters and equal employment opportunity matters involving
broadcasters, cable operators and other multichannel video programming
distributors. The relevant licensing Bureau has primary responsibility
for complaints involving tower siting and the Commission's
environmental rules. The Media Bureau has primary responsibility for
complaints regarding compliance with conditions imposed on transfers of
control and assignments of licenses of Cable Antenna Relay Service
(12) Resolve complaints regarding pole attachments filed under section
224 of the Communications Act.
(13) Resolve complaints regarding multichannel video and cable
television service under part 76 of the Commission's rules.
Note to paragraph ( a )(13): The Media Bureau has primary
responsibility for complaints regarding the following: subpart A
(general), with the exception of § 76.11 of this chapter; subpart B
(Registration Statements); subpart C (Federal-State/Local Relationships
[Reserved]; subpart D (carriage of television broadcast signals);
subpart E (equal employment opportunity requirements); subpart F
(nonduplication protection and syndicated exclusivity); subpart G,
§ § 76.205, 76.206 and 76.209 of this chapter (political broadcasting);
subpart I (Forms and Reports); subpart J (ownership); subpart L (cable
television access); subpart N, § 76.944 of this chapter (basic cable
rate appeals), and § § 76.970, 76.971 and 76.977 of this chapter (cable
leased access rates); subpart O (competitive access to cable
programming); subpart P (competitive availability of navigation
devices); subpart Q (regulation of carriage agreements); subpart S
(Open Video Systems); and subparts T, U and V to the extent related to
the matters listed in this note.
(14) Resolve universal service suspension and debarment proceedings
pursuant to § 54.521 of this chapter.
(15) Upon referral from the General Counsel pursuant to § 0.251(g),
impose sanctions for violations of the Commission's ex parte rules
including, but not limited to, the imposition of monetary forfeitures,
consistent with § 0.311.
(16) Resolve complaints regarding other matters assigned to it by the
Commission, matters that do not fall within the responsibility of
another Bureau or Office or matters that are determined by mutual
agreement with another Bureau or Office to be appropriately handled by
the Enforcement Bureau.
(17) Identify and analyze complaint information, conduct
investigations, conduct external audits and collect information,
including pursuant to sections 218, 220, 308(b), 403 and 409(e) through
(k) of the Communications Act, in connection with complaints, on its
own initiative or upon request of another Bureau or Office.
(18) Issue or draft orders taking or recommending appropriate action in
response to complaints or investigations, including, but not limited
to, admonishments, damage awards where authorized by law or other
affirmative relief, notices of violation, notices of apparent liability
and related orders, notices of opportunity for hearing regarding a
potential forfeiture, hearing designation orders, orders designating
licenses or other authorizations for a revocation hearing and consent
decrees. Issue or draft appropriate orders after a hearing has been
terminated by an Administrative Law Judge on the basis of waiver. Issue
or draft appropriate interlocutory orders and take or recommend
appropriate action in the exercise of its responsibilities.
(19) Encourage cooperative compliance efforts.
(20) Mediate and settle disputes.
(21) Provide information regarding pending complaints, compliance with
relevant requirements and the complaint process, where appropriate and
to the extent the information is not available from the Consumer and
Governmental Affairs Bureau or other Bureaus and Offices.
(22) Exercise responsibility for rulemaking proceedings regarding
general enforcement policies and procedures.
(23) Advise the Commission or responsible Bureau or Office regarding
the enforcement implications of existing and proposed rules.
(24) Serve as the primary point of contact for coordinating enforcement
matters, including market and consumer enforcement matters, with other
federal, state and local government agencies, as well as with foreign
governments after appropriate consultation, and provide assistance to
such entities. Refer matters to such entities, as well as to private
sector entities, as appropriate.
(25) Resolve complaints alleging violations of the open Internet rules.
(b) Serve as trial staff in formal hearings conducted pursuant to 5
U.S.C. 556 regarding applications, revocation, forfeitures and other
matters designated for hearing.
(c) In coordination with the International Bureau, participate in
international conferences dealing with monitoring and measurement;
serve as the point of contact for the U.S. Government in matters of
international monitoring, fixed and mobile direction-finding and
interference resolution; and oversee coordination of non-routine
communications and materials between the Commission and international
or regional public organizations or foreign administrations.
(d) In conjunction with the Office of Engineering and Technology, work
with technical standards bodies.
(e) Oversee the Commission's privatized ship radio safety inspection
(f) Provide field support for, and field representation of, the Bureau,
other Bureaus and Offices and the Commission. Coordinate with other
Bureaus and Offices as appropriate.
(g) Handle congressional and other correspondence relating to or
requesting specific enforcement actions, specific complaints or other
specific matters within the responsibility of the Bureau, to the extent
not otherwise handled by the Consumer and Governmental Affairs Bureau,
the Office of General Counsel (impermissible ex parte presentations) or
another Bureau or Office;
(h) Have authority to issue non-hearing related subpoenas for the
attendance and testimony of witnesses and the production of books,
papers, correspondence, memoranda, schedules of charges, contracts,
agreements, and any other records deemed relevant to the investigation
of matters within the responsibility of the Bureau. Before issuing a
subpoena, the Enforcement Bureau shall obtain the approval of the
Office of General Counsel.
(i) Perform such other functions as may be assigned or referred to it
by the Commission.
[ 64 FR 60716 , Nov. 8, 1999, as amended at 67 FR 13218 , Mar. 21, 2002;
68 FR 36942 , June 20, 2003; 69 FR 30233 , May 27, 2004; 71 FR 69034 ,
Nov. 29, 2006; 76 FR 24381 , May 2, 2011; 76 FR 26220 , May 6, 2011; 76 FR 59232 , Sept. 23, 2011; 76 FR 60754 , Sept. 30, 2011]
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Goto Section: 0.101 | 0.121
Goto Year: 2011 |
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