Goto Section: 0.391 | 0.401 | Table of Contents

FCC 0.392
Revised as of April 12, 2021
Goto Year:2020 | 2022
  §  0.392   Authority delegated.

   The Chief, Public Safety and Homeland Security Bureau, is hereby
   delegated authority to perform all functions of the Bureau, described
   in § § 0.191 and 0.192, subject to the following exceptions and
   limitations in paragraphs (a) through (e) of this section.

   (a) The Chief, Public Safety and Homeland Security Bureau shall not
   have authority to act on any applications or requests that present
   novel questions of fact, law or policy that cannot be resolved under
   outstanding precedents and guidelines.

   (b) The Public Safety and Homeland Security Bureau shall not have
   authority to act upon any applications for review of actions taken by
   the Chief, Public Safety and Homeland Security Bureau, pursuant to any
   delegated authority, except that the Chief of the Public Safety and
   Homeland Security Bureau may dismiss any such application that does not
   contain any statement required under § 1.115(a) or (b) of this chapter,
   or does not comply with the filing requirements of § 1.115(d) or (f) of
   this chapter.

   (c) The Public Safety and Homeland Security Bureau shall not have
   authority to act upon any formal or informal radio application or
   section 214 application for common carrier services which is in hearing
   status.

   (d) The Public Safety and Homeland Security 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 for common carrier providers and $20,000
   for non-common carrier providers.

   (e) The Chief, Public Safety and Homeland Security 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 such orders involving ministerial conforming amendments to rule
   parts, or orders conforming any of the applicable rules to formally
   adopted international conventions or agreements where novel questions
   of fact, law, or policy are not involved.

   (f) The Chief, Public Safety and Homeland Security Bureau or her/his
   designee has the authority to rule on emergency requests for Special
   Temporary Authority during non-business hours. Action on emergency
   requests for Special Temporary Authority during non-business hours
   shall be promptly reported to the responsible Bureau or Office.

   (g) [Reserved]

   (h) The Chief, Public Safety and Homeland Security 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 Public Safety and Homeland
   Security Bureau. Before issuing a subpoena, the Bureau shall obtain the
   approval of the Office of General Counsel.

   (i) The Chief of the Public Safety and Homeland Security Bureau is
   delegated authority to administer the communications disruption
   reporting requirements contained in part 4 of this chapter and to
   revise the filing system and template used for the submission of such
   communications disruption reports.

   (j) The Chief of the Public Safety and Homeland Security Bureau is
   delegated authority to administer the communications reliability and
   redundancy rules and policies contained in part 9, subpart H, of this
   chapter, develop and revise forms and procedures as may be required for
   the administration of part 9, subpart H, of this chapter, review
   certifications filed in connection therewith, and order remedial action
   on a case-by-case basis to ensure the reliability of 911 service in
   accordance with such rules and policies.

   [ 71 FR 69037 , Nov. 29, 2006, as amended at  72 FR 39760 , July 20, 2007;
    73 FR 9463 , Feb. 21, 2008;  75 FR 28207 , May 20, 2010;  75 FR 78169 , Dec.
   15, 2010;  79 FR 3130 , Jan. 17, 2014;  86 FR 12547 , Mar. 4, 2021]

   

Subpart C—General Information

   

General

   


Goto Section: 0.391 | 0.401

Goto Year: 2020 | 2022
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