assignment of construction permits or station licenses, renewal of station licenses, amateur operator licenses, renewal or modification of amateur operator licenses and special temporary authorizations. With respect to applications involving common carrier matters, this authority shall be exercised jointly with the Chief, Common Carrier Bureau pursuant to §§ 0.304 and 0.333.

(b) On the following matters insofar as they involve the Disaster Communications Service or the Maritime, Aviation, Public Safety, Industrial, Amateur, Land Transportation, or Citizens Radio Services:

(1) Requests for extensions of time for equipment or service tests or within which to comply with technical requirements specified in authorizations, orders and rules or releases of the Commission. (2) [Reserved]

(3) Requests for withdrawal of papers in accordance with 1.8 of this chapter.

(4) Requests for extension of time within which briefs, comments and pleadings may be filed in rule making proceedings.

(5) To make the finding of emergency involving danger to life or property or due to damage to equipment, as provided by section 308(a) of the Communications Act of 1934, as amended.

(6) Cancellation of station licenses, construction permits or other authorizations upon the request of the licensee or permittee or upon abandonment of the station.

(7) Petitions or requests seeking waiver of or exception to any rule, regulation or requirement, and to act upon petitions or requests relating to the assignment of frequencies to the various safety and special radio services but requiring action under § 2.102 of this chapter, when he finds that the operation for which permission is sought (i) is of a nonrecurring nature and does not warrant rule making proceedings with a view to establishing it on a regular basis, (ii) will not exceed 180 days, and (iii) will cause no harmful interference to any service operating in accordance with the Table of Frequency Allocations. This delegation does not apply to requests for renewals of any authority to operate granted hereunder: Provided, however, That none of the foregoing limitations shall apply to petitions or requests for waiver of or exception to any requirement set forth in §§ 97.13, 97.27, 97.51, and 97.95 of this chapter, or to the re

quirements with regard to types of emission set forth in § 97.111.

(8) To issue, in accordance with section 312(c) of the Communications Act of 1934, as amended, (i) orders to show cause why an order of revocation pursuant to section 312(a) of the Act, or a cease and desist order pursuant to section 312(b) of the Act, should not be issued; and (ii) after waiver of hearing and termination of the hearing proceeding in revocation cases and cease and desist cases as prescribed by §1.92 of this chapter, to issue orders of revocation and orders to cease and desist, and also orders that a revocation or cease and desist order shall not issue.

(9) To grant the authorizations provided for in § 2.102 (c) of this chapter.

(10) To cancel novice, technician, or conditional class amateur licenses as provided in § 97.35 of this chapter.

(11) To act upon all requests (to the extent that they relate to qualifications for the various amateur operator licenses) for waiver of the requirement of Part 97 of this chapter where it is alleged that, by reason of a protracted or permanent physical disability, the applicant is unable to meet the requirements of such rules.

(12) To issue, in accordance with section 316 of the Act, orders to modify ship radiotelephone stations by deleting therefrom any frequency when the use thereof has resulted in harmonic emissions found to be capable of causing interference to other radio services, and if a hearing thereon is requested, to designate such matters for hearing.

(13) To grant, in the absence of unusual circumstances, a six month waiver of the type acceptance requirement of § 83.139 of this chapter in cases substantially the same as those in which the Commission en banc has taken similar action.

(14) To deny requests for waiver of the type acceptance requirement of § 83.139 of this chapter and dismiss associated applications for ship station licenses in cases substantially the same as those in which the Commission en banc has taken similar action.

(15) To act on requests for waiver of the type acceptance requirement of § 83.139 of this chapter where the applicant is operating a ship radiotelephone transmitter on frequencies between 4 and 27.5 Mc/s and where authority is needed to operate non-type

accepted ship radiotelephone equipment pending conversion to single sideband.

(16) To grant waivers of the type acceptance requirements of § 87.77 of this chapter for a period not to extend beyond January 1, 1970, in cases substantially the same as those in which the Commission en banc has taken similar action.

(17) To grant waivers of the type acceptance requirements of § 89.117 of this chapter for a period not to extend beyond January 1, 1967, in cases substantially the same as those in which the Commission en banc has taken similar action.

(18) To act on requests for waiver of application procedures to allow a licensee to submit a request for the identical modification or assignment of a number of outstanding authorizations without filing a separate application for each station. Action taken under this delegation does not include authority to waive or reduce applicable fee requirements which shall be determined as if separate applications were filed for each station.

(19) To act on requests for waiver of the restrictions of §1.916 of this chapter subsequent to revocation of a radio station license.

(c) Consistent with the provisions of section 309 (f) of the Communications Act of 1934, as amended, to grant or deny requests for temporary authorizations and to issue orders stating the reasons therefor, but only prior to the time a petition to deny the application involved has been filed or the application has been designated for hearing.

[28 F.R. 12402, Nov. 22, 1963, as amended at 29 F.R. 3202, Mar. 10, 1964; 29 F.R. 13815, Oct. 7, 1964; 29 F.R. 14405, Oct. 20, 1964; 29 F.R. 18373, Dec. 24, 1964; 30 F.R. 8678, July 9, 1965; 31 F.R. 10125, July 27, 1966; 31 F.R. 13474, Oct. 19, 1966; 31 F.R. 16316, Dec. 21, 1966; 32 F.R. 3831, Mar. 8, 1967]

§ 0.332 Additional authority delegated.

The Chief of the Safety and Special Radio Services Bureau is delegated authority to act upon the following applications, requests and other matters:

(a) Requests for assignment of call signs to new stations in the Citizens and Amateur Radio Services and for changes in the call signs of existing stations in those services.

(b) Applications or requests for exemption, pursuant to the provisions of sections 352(b) and 383 of the Communications Act; Regulation 4, Chapter 1 of the Safety Convention; Regulation 5,

Chapter IV of the Safety Convention; Regulation 12(b), Chapter V of the Safety Convention; or Article 6 of the Great Lakes Radio Agreement:

(1) For emergency and renewal exemption of vessels;

(2) For initial exemption of vessels subject to Title III, Part III of the Act;

(3) For initial exemption of vessels of less than 100 gross tons subject to Title III, Part II of the Act or the Safety Convention;

(4) For exemption from Title III, Part II, of the Act of vessels operated in the Gulf of Mexico which participate in oil well drilling operations when the circumstances are substantially the same as those in precedent cases decided by the Commission en banc; and

(5) [Reserved]

(c) Applications or requests for approval of schedules of transmissions by coast stations of information for the general benefit of mariners to a plurality of mobile stations or to designated fixed locations.

(d) Make determination and notification of incurrence of forfeitures under the provisions of sections 364, 386, 507, and 510 of the Communications Act, with reference to stations governed by the provisions of Parts 81-99 of this chapter.

(e) Applications made pursuant to section 504 (b) of the Communications Act of 1934, as amended, for mitigation or remission of forfeitures imposed under sections 364, 386, 507, and 510 of the Act.

(f) Issue orders suspending the licenses of amateur operators in accordance with section 303 (m) (1) of the Act and if a hearing thereon is requested, to designate such matters for hearing.

(g) Requests pursuant to the provisions of §§ 81.104(b) (1) and 81.189 (c) (1) of this chapter for waiver or exception to the requirements of those sections concerning 2182 kc/s coast station facilities and watch.

(h) To dismiss applications without prejudice in cases where, prior to designation of such application for hearing, an applicant has failed to answer official correspondence or a request for additional information from the Commission.

(i) To grant or deny applications for permits and to modify, suspend, or cancel such permits, pursuant to Subpart G, Part 97 of this chapter.

(j) Requests for extension of time within which to file pleadings concerning applications filed in the Safety and Spe

cial Radio Services which are not in hearing status.

(k) To dismiss petitions and other pleadings relating to matters not in hearing status which have clearly been rendered moot.

(1) 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.

(m) To dismiss or deny petitions for rule making which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission.

[28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 2706, Mar. 3, 1965; 30 F.R. 6779, May 19, 1965; 30 F.R. 12125, Sept. 23, 1965; 31 F.R. 3074, Feb. 24, 1966; 31 F.R. 4457, Mar. 16, 1966]

§ 0.333 Authority delegated jointly to Chiefs of Common Carrier and Safety and Special Radio Services Bureau. Authority is delegated jointly to the Chief of the Common Carrier Bureau and the Chief of the Safety and Special Radio Services Bureau to act upon applications involving common carrier matters in the maritime mobile service, aeronautical mobile service, and in the fixed service in Alaska.

[29 F.R. 14406, Oct. 20, 1964]

§ 0.337 Record of actions taken.

The history card pertaining to a certain station is designated to be the official record of the action taken by the Chief, Safety and Special Radio Services Bureau, in pursuance of the authority delegated to him in §§ 0.331 and 0.332, or jointly to him and the Chief of the Common Carrier Bureau in § 0.333. In cases where no history card is prepared, the application and authorization file pertaining to the station in question is designated to be the official record of the action taken by the Chief of the Bureau, or by him jointly with the Chief of the Common Carrier Bureau. The authorizations issued by the Chief, Safety and Special Radio Services Bureau, shall bear the seal of the Commission and the signature of the Secretary.

HEARING EXAMINERS

§ 0.341 Authority of hearing examiner.

(a) After a hearing examiner has been designated to preside at a hearing and until he has issued an initial decision or

certified the record to the Commission for decision, or the proceeding has been transferred to another hearing examiner, all motions, petitions and other pleadings shall be acted upon by such hearing examiner, except the following:

(1) Those which are to be acted upon by the Commission. See § 1.291(a) (1) of this chapter.

(2) Those which are to be acted upon by the Review Board under § 0.365 (b) and (d).

(3) Those which are to be acted upon by the Chief Hearing Examiner under § 0.351.

(b) Any question which would be acted upon by the hearing examiner if it were raised by the parties to the proceeding may be raised and acted upon by the hearing examiner on his own motion.

(c) Any question which would be acted upon by the Chief Hearing Examiner, the Review Board or the Commission, if it were raised by the parties, may be certified by the hearing examiner, on his own motion, to the Chief Hearing Examiner, the Review Board or the Commission, as the case may be.

[29 F.R. 6442, May 16, 1964] § 0.347

Record of actions taken.

Except for actions taken during the course of the hearing and upon the record thereof, actions taken by a hearing examiner pursuant to § 0.341 shall be recorded each week in writing and filed in the official minutes of the Commission.

The Chief Hearing Examiner shall act on the following matters in proceedings conducted by hearing examiners:

(a) Initial specifications of the time and place of hearings where not otherwise specified by the Commission and excepting actions under authority delegated by § 0.296.

(b) Designation of the hearing examiner to preside at hearings.

(c) Orders directing the parties or their attorneys to appear at a specified time and place before the hearing examiner for an initial prehearing conference in accordance with § 1.251(a) of this chapter. (The hearing examiner named to preside at the hearing may order an initial prehearing conference although the Chief Hearing Examiner may not have seen fit to do so and may

(e) In the absence of the hearing examiner who has been designated to preside in a proceeding, to discharge the hearing examiner's functions.

(f) All pleadings filed, or matters which arise, after a proceeding has been designated for hearing, but before an examiner has been designated, which would otherwise be acted upon by the examiner, including all pleadings filed, or matters which arise, in cease and desist and/or revocation proceedings prior to the designation of a presiding officer.

(g) All pleadings (such as motions for extension of time) which are related to matters to be acted upon by the Chief Hearing Examiner.

[29 F.R. 6443, May 16, 1964]

§ 0.357 Record of actions taken.

Actions taken by the Chief Hearing Examiner shall he recorded each week and filed in the official minutes of the Commission.

(a) The Review Board is a permanent body with continuing functions. The main function of the Board is to review matters referred to it by the Commission in hearing proceedings. The Board also takes original action on certain interlocutory matters which arise during the course of hearing proceedings. The hearing matters referred to the Board on a regular basis are listed in § 0.365. Other hearing matters may be referred to the Board for review on a case by case basis, either at the time of designation for hearing or upon consideration of exceptions. The Commission may, from time to time, assign the Board additional duties not inconsistent with these functions.

(b) Any matter referred to the Board on a regular basis or otherwise may, on its own motion or upon its consideration of the notion of any party, be certified

by the Board to the Commission, with a request that the matter be acted upon by the Commission, if in the Board's judgment the matters at issue are of such a nature as to warrant Commission review of any decision which the Board might otherwise have made. If a majority of the members of the Commission then holding office vote to grant the Board's request, the matter shall be acted upon by the Commission.

(c) Whenever the Commission determines that a matter pending before the Board involves a novel or important issue of law or policy, it may, on its own motion, by the vote of a majority of the members then holding office, direct that any matter before the Board be certified to the Commission for decision. However, no petition requesting the Commission to take such action will be entertained.

(d) The Review Board shall decide each matter before it by majority vote in accordance with the Communications Act of 1934, as amended, rules and regulations, case precedent, and established policies of the Commission. In reviewing initial decisions referred to it, the Review Board is authorized to perform all of the review functions which would otherwise have been performed by the Commission under §§ 1.273-1.282 of this chapter.

(e) The Review Board is composed of three or more Commission employees. Members of the Board are designated by the Commission, serve indefinitely on a full-time basis, and are responsible only to the Commission. Neither the Commission nor any of its members will discuss the merits of any matter pending before the Board with the Board or any of its members.

(f) A minimum of three members will participate in each case referred to the Board. A majority of the members who participate in a case shall constitute a quorum. Any member assigned to a case who is not present at oral argument may, after reading the transcript of oral argument, participate in the Board's decision. However, so far as practicable, all of the members of the Board assigned to a case shall hear oral argument.

(g) Except in interlocutory matters, each opinion of the Review Board will be signed by one of its members, who shall be responsible for its preparation.

Un

(a) Review of initial decisions. less the Commission specifies to the contrary at the time of designation for hearing or otherwise, the Review Board shall review initial decisions of hearing examiners in all adjudicative proceedings (including mixed adjudicative and rule making proceedings), except for proceedings involving the renewal or revocation of a station license in the Broadcast Radio Services or the Common Carrier Radio Services.

(b) Original action on interlocutory matters. In adjudicative proceedings conducted by hearing examiners (including mixed adjudicative and rule making proceedings), the Review Board shall take original action on the following interlocutory matters and upon any question with respect to such matters which is certified to it by the presiding examiner (see § 1.291 of this chapter):

(1) Petitions to amend, modify, enlarge, or delete issues upon which the hearing was ordered.

(2) Joint requests for approval of agreements filed pursuant to § 1.525 of this chapter and, if further hearing is not required on issues other than those arising out of the agreement, to terminate the proceeding and make appropriate disposition of all applications. considering such requests, the Review Board may in its discretion, hold informal conferences with counsel for parties to the proceeding.)

(In

(c) Action on interlocutory appeals from rulings of hearing examiners. The Review Board shall act on interlocutory appeals from rulings of hearing examiners in adjudicative proceedings (including mixed adjudicative and rule making proceedings). See § 1.301 of this chapter.

(d) Action on pleadings filed in cases or matters which are before the Board. The Review Board shall act on all pleadings filed in cases or matters which are before the Board.

[29 F.R. 6443, May 16, 1964]

CHIEF, OFFICE OF OPINIONS AND REVIEW § 0.371 Authority delegated.

(a) The Chief, Office of Opinions and Review, is delegated authority to act upon the following matters in hearing proceedings which are pending before the Commission en banc :

(1) Uncontested motions or petitions for extension of time.

(2) Pleadings which are moot.

(3) 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.

(b) Actions taken by the Chief, Opinions and Review, pursuant to the provisions of this section shall be recorded each week in writing and filed in the official minutes of the Commission.

[28 F.R. 12402, Nov. 22, 1963, as amended at 30 F.R. 3223, Mar. 9, 1965; 31 F.R. 3074, Feb. 24, 1966]

DEFENSE AND EMERGENCY PREPAREDNESS DELEGATIONS

§ 0.383

Emergency Relocation Board.

(a) During any period in which the Commission is unable to function because of the circumstances set forth in § 0.186 (a), all work, business or functions of the Federal Communications Commission arising under the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation Board.

(b) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order, certify, report or otherwise act as to any of the said work, business or functions so assigned or referred to it, and in respect thereof shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations.

(c) Any order, decision or report made or other action taken by the said Board in respect of any matters so assigned or