FCC 0.251 Revised as of December 4, 2012
Goto Year:2011 |
§ 0.251 Authority delegated.
(a) The General Counsel is delegated authority to act as the
“designated agency ethics official.”
(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:
(1) To act upon requests for extension of time within which briefs,
comments or pleadings may be filed.
(2) To dismiss, as repetitious, any petition for reconsideration of a
Commission order which disposed of a petition for reconsideration and
which did not reverse, change, or modify the original order.
(3) To dismiss or deny petitions for rulemaking which are repetitive or
moot or which, for other reasons, plainly do not warrant consideration
by the Commission.
(4) To dismiss as repetitious any petition for reconsideration of a
Commission order denying an application for review which fails to rely
on new facts or changed circumstances.
(c) The General Counsel is delegated authority in adjudicatory hearing
proceedings which are pending before the Commission en banc to act on
all requests for relief, and to issue all appropriate orders, except
those which involve final disposition on the merits of a previously
specified issue concerning an applicant's basic qualifications or two
or more applicants' comparative qualifications.
(d) When an adjudicatory proceeding is before the Commission for the
issuance of a final order or decision, the General Counsel will make
every effort to submit a draft order or decision for Commission
consideration within four months of the filing of the last responsive
pleading. If the Commission is unable to adopt an order or decision in
such cases within five months of the last responsive pleading, it shall
issue an order indicating that additional time will be required to
resolve the case.
(e) The official record of all actions taken by the General Counsel
pursuant to § 0.251 (c) and (d) is contained in the original docket
folder, which is maintained by the Reference Information Center.
(f) The General Counsel is delegated authority to issue written
determinations on matters regarding the interception of telephone
conversations. Nothing in this paragraph, however, shall affect the
authority of the Inspector General to intercept or record telephone
conversations as necessary in the conduct of investigations or audits.
(g) The General Counsel is delegated authority to issue rulings on
whether violations of the ex parte rules have occurred and to impose
appropriate sanctions. The General Counsel shall refer to the
Enforcement Bureau for disposition pursuant to § 0.311(b) any matter in
which a forfeiture or a citation under 47 U.S.C. 503(b)(5) may be
warranted. If the Enforcement Bureau determines that forfeiture or a
citation is not warranted, the matter shall be referred back to the
General Counsel for appropriate action.
(h) The General Counsel is delegated authority to make determinations
regarding and waive the applicability of section 4(b) of the
Communications Act (47 U.S.C. § 154(b)) and the Federal conflict of
interest statutes (18 U.S.C. § § 203, 205 and 208).
(i) The General Counsel is delegated authority to perform all
administrative determinations provided for by the Debt Collection
Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321, 1358
(1996) (DCIA), including, but not limited to the provisions of Title
31, U.S.C. 3711 to:
(1) Collect claims of the United States Government of money or property
arising out of the activities of, or referred to, the Federal
(2) Compromise a claim of the Government of not more than $100,000
(excluding interest) or such higher amount as the Attorney General of
the United States may from time to time prescribe, and
(3) Suspend or end collection action on a claim of the Government of
not more than $100,000 (excluding interest) when it appears that no
person liable on the claim has the present or prospective ability to
pay a significant amount of the claim or the cost of collecting the
claim is likely to be more than the amount recovered.
Note to paragraph ( i ): This delegation does not include waiver
authority provided by 31 U.S.C. 3720B.
(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as
amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088,
1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)
[ 28 FR 12402 , Nov. 22, 1963]
Editorial Note: For Federal Register citations affecting § 0.251,
see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov .
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Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27, 1995,
unless otherwise noted.
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