Goto Section: 0.192 | 0.203 | Table of Contents

FCC 0.201
Revised as of August 6, 2020
Goto Year:2019 | 2021
  § 0.201   General provisions.

   (a) There are three basic categories of delegations made by the
   Commission pursuant to section 5(c) of the Communications Act of 1934,
   as amended:

   (1) Delegations to act in non-hearing matters and proceedings. The
   great bulk of delegations in this category are made to bureau chiefs
   and other members of the Commission's staff. This category also
   includes delegations to individual commissioners and to boards or
   committees of commissioners.

   (2) Delegations to rule on interlocutory matters in hearing
   proceedings. Delegations in this category are made to the Chief
   Administrative Law Judge.

   Note to paragraph (a)(2): Interlocutory matters which are not delegated
   to the Chief Administrative Law Judge are ruled on by the presiding
   officer by virtue of the authority vested in him to control the course
   and conduct of the hearing. This authority stems from section 7 of the
   Administrative Procedure Act and section 409 of the Communications Act
   rather than from delegations of authority made pursuant to section 5(c)
   of the Communications Act. (See § § 0.218 and 0.341.).

   (3) Delegations to review an initial decision. Delegations in this
   category are made to individual commissioners, to panels of
   commissioners.

   (b) Delegations are arranged in this subpart under headings denoting
   the person, panel, or board to whom authority has been delegated,
   rather than by the categories listed in paragraph (a) of this section.

   (c) Procedures pertaining to the filing and disposition of
   interlocutory pleadings in hearing proceedings are set forth in § § 1.291
   through 1.298 of this chapter. Procedures pertaining to appeals from
   rulings of the presiding officer are set forth in § § 1.301 and 1.302.
   Procedures pertaining to reconsideration and review of actions taken
   pursuant to delegated authority are set forth in § § 1.101, 1.102, 1.104,
   1.106, 1.113, 1.115, and 1.117. Procedures pertaining to exceptions to
   initial decisions are set forth in § § 1.276 through 1.279.

   (d) The Commission, by vote of a majority of the members then holding
   office, may delegate its functions either by rule or by order, and may
   at any time amend, modify, or rescind any such rule or order.

   (1) Functions of a continuing or recurring nature are delegated by
   rule. The rule is published in the Federal Register and is included in
   this subpart.

   (2) Functions pertaining to a particular matter or proceeding are
   delegated by order. The order is published in the Federal Register and
   associated with the record of that matter or proceeding, but neither
   the order nor any reference to the delegation made thereby is included
   in this subpart.

   [ 28 FR 12402 , Nov. 22, 1963, as amended at  50 FR 26567 , June 27, 1985;
    62 FR 4170 , Jan. 29, 1997;  76 FR 70907 , Nov. 16, 2011]

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Goto Section: 0.192 | 0.203

Goto Year: 2019 | 2021
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