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Revised as of October 1, 2014
Goto Year:2013 |
§ 0.291 Authority delegated.
The Chief, Wireline Competition Bureau, is hereby delegated authority
to perform all functions of the Bureau, described in § 0.91, subject to
the following exceptions and limitations.
(a) Authority concerning applications. (1) The Chief, Wireline
Competition Bureau shall not have authority to act on any formal or
informal common carrier applications or section 214 applications for
common carrier services which are in hearing status.
(2) The Chief, Wireline Competition Bureau shall not have authority to
act on any applications or requests which present novel questions of
fact, law or policy which cannot be resolved under outstanding
precedents and guidelines.
(b) Authority concerning section 220 of the Act. The Chief, Wireline
Competition Bureau shall not have authority to promulgate regulations
or orders prescribing permanent depreciation rates for common carriers,
or to prescribe interim depreciation rates to be effective more than
one year, pursuant to section 220 of the Communications Act of 1934, as
(c) Authority concerning forfeitures. The Chief, Wireline Competition
Bureau shall not have authority to impose, reduce or cancel forfeitures
pursuant to Section 203 or Section 503(b) of the Communications Act of
1934, as amended, in amounts of more than $80,000.
(d) Authority concerning applications for review. The Chief, Wireline
Competition Bureau shall not have authority to act upon any
applications for review of actions taken by the Chief, Wireline
Competition Bureau, pursuant to any delegated authority.
(e) Authority concerning rulemaking and investigatory proceedings. The
Chief, Wireline Competition Bureau, shall not have authority to issue
notices of proposed rulemaking, notices of inquiry, or reports or
orders arising from either of the foregoing, except that the Chief,
Wireline Competition Bureau, shall have authority, in consultation and
coordination with the Chief, International Bureau, to issue and revise
a manual on the details of the reporting requirements for international
carriers referenced in § 43.61(a)(3) of this chapter.
(f) Authority concerning the issuance of subpoenas. The Chief of the
Wireline Competition Bureau or her/his designee is authorized 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
jurisdiction of the Wireline Competition Bureau. Before issuing a
subpoena, the Bureau shall obtain the approval of the Office of General
(g) The Chief, Wireline Competition Bureau, is delegated authority to
enter into agreements with the National Institute of Standards and
Technology to perform accreditation of Telecommunication Certification
Bodies (TCBs) pursuant to § § 68.160 and 68.162 of this chapter. In
addition, the Chief is delegated authority to develop specific methods
that will be used to accredit TCBs, to designate TCBs, to make
determinations regarding the continued acceptability of individual TCBs
and to develop procedures that TCBs will use for performing post-market
(h) Authority concerning petitions for pricing flexibility. (1) The
Chief, Wireline Competition Bureau, shall have authority to act on
petitions filed pursuant to part 69, subpart H, of this chapter for
pricing flexibility involving special access and dedicated transport
services. This authority is not subject to the limitation set forth in
paragraph (a)(2) of this section.
(2) The Chief, Wireline Competition Bureau, shall not have authority to
act on petitions filed pursuant to part 69, subpart H, of this chapter
for pricing flexibility involving common line and traffic sensitive
(i) Authority concerning schools and libraries support mechanism
audits. The Chief, Wireline Competition Bureau, shall have authority to
address audit findings relating to the schools and libraries support
mechanism. This authority is not subject to the limitation set forth in
paragraph (a)(2) of this section.
(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154,
155, 303; 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, 1089; 47 U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)
[ 44 FR 18501 , Mar. 28, 1979]
Editorial Note: For Federal Register citations affecting § 0.291, 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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