Goto Section: 0.391 | 0.401 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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
(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
(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.
(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
Goto Section: 0.391 | 0.401
Goto Year: 2020 |
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