Rules and Regulations

works under the supervision of the Chairman, and assists him in carrying out the Commission's organizational and administrative responsibilities. His principal role is to see that other staff units work together and promptly dispose of the matters for which they are responsible. He is directly responsible for internal administrative matters and supervises implementation of the Public Information Act of 1966.

(2) The Chief Scientist and the General Counsel. Though primary responsibility in most established areas of regulation is lodged in other staff units, the Chief Scientist and the General Counsel are responsible for advising the Commission concerning any engineering or legal matter involved in the making and implementation of policy or in the decision of cases. For example, while policies relating solely to broadcasting are primarily the responsibility of the Broadcast Bureau, and the preparation of Commission opinions in hearing cases is primarily the responsibility of the Office of Opinions and Review, the Chief Scientist and the General Counsel may be called upon for advice and assistance in either area. The Chief Scientist and the General Counsel, in addition, exercise primary responsibility in areas of regulation which transcend the responsibilities of a single bureau. Thus, for example, the General Counsel is primarily responsible for the Rules of Practice and Procedure, Part 1 of this chapter, and the Chief Scientist is primarily responsible for frequency allocation and for other areas of regulation under Parts 2, 5, and 15. The General Counsel also represents the Commission in litigation in the courts and coordinates the preparation of the Commission's legislative program. Both the Chief Scientist and the General Counsel exercise responsibility in matters pertaining to international communications.

(3) The Chief of Plans and Policy. The Chief of Plans and Policy is designated by the Commission as a staff officer directly responsible to the Commission under the supervision of the Chairman. His principal role is to advise, assist, and make recommendations to the Commission with respect to the development and implementation of communications policies in all areas of Commission authority and responsibility. He is also responsible for coordinating policy research and development activities within the Commission, and with other governmental agencies.

(4) The operating bureaus. The principal work load operations of the Commission are conducted by the five operating bureaus.

Common Carrier Bureau is responsible for the regulation of communications common carriers whether carriage involves the use of wire or radio facilities (see Parts 21-67). The Private Radio Bureau is responsible for the regulation of all other radio stations with minor exceptions (e.g., experimental stations licensed under Part 5). These include amateur stations and numerous other categories of stations engaged in communication for safety, commercial or personal purposes (see Parts 81-99). The Cable Television Bureau is responsible for the regulation of cable television systems and cable television relay stations (see Parts 76 and 78 of this chapter). The licensing of related microwave radio facilities is coordinated with the Cable Television Bureau by the Common Carrier Bureau and the Private Radio Bureau. Within its area of responsibility, each of these bureaus is responsible for developing and implementing a regulatory program; for processing applications for radio licenses or other filings; for the consideration of complaints and the conduct of investigations; for participation in Commission hearing proceedings as appropriate; and for the performance of such other functions as may be related to its area of responsibility.

(ii) The fifth operating bureau: The Field Operations Bureau maintains field offices and monitoring stations throughout the United States. It is responsible for detecting violations of regulations pertaining to the use of radio and, in this connection, monitors radio transmissions, periodically inspects stations, and investigates complaints of radio frequency interference. It issues violation notices to the station in question, thereby affording it an opportunity to take corrective measures. If formal enforcement action is appropriate, the proceedings are conducted by the staff unit which exercises primary responsibility over the station in question, usually one of the other operating bureaus. The Field Operations Bureau, in addition, exercises responsibility over commercial radio operator matters (see Part 13 of this Chapter), antenna structures (see Part 17), and the use of radio for purposes other than communication (see Part 18). It also conducts amateur operator examinations.

(5) Staff units which exercise responsibility for the decision of hearing cases. The Office of Administrative Law Judges, the Review Board, and the Office of Opinions and Review exercise responsibility for the decision of hearing cases. The Administrative Law Judges preside over hearing cases and issue initial decisions. In most cases, initial decisions are subject to review by the Review Board, which is a permanent body composed of three or more senior Commission employees. Initial decisions may also be reviewed by one or more Commissioners designated by the Commission. In such cases, the Board or designated Commissioner(s) issues a final decision, which is subject to possible review by the Commission. In

other cases, the initial decision is reviewed directly by the Commission en banc. The Office of Opinions and Review assists and advises the Commission, and any Commissioner(s) designated to review an initial decision, in the decision of cases which come before them.

(6) Network inquiry special staff. The network inquiry special staff has primary responsibility for the conduct of a special inquiry relating to commercial television network practices and the ability of station licensees to serve the public interest, and related policy issues.

(7) Office of Public Affairs. The Office of Public Affairs has primary responsibility for the Commission's Press and News Media, Consumer Assistance and Information, Industry Equal Employment Opportunity (EEO) and Minority Enterprise programs. The major purpose of these programs is to inform the public of the Commission's regulatory requirements, to facilitate public participation in the Commission's decisionmaking processes, and to apprise the public of Commission policies promoting equal employment opportunity and minority participation in the telecommunications industry.

(c) Delegations of authority to the staff. Pursuant to section 5(d) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See Subpart B of this Part. Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that he will exercise that authority in all matters subject to the delegation. In non-hearing matters, the staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's consideration, and the Commission may instruct the staff to do so. In like manner, in hearing cases, pursuant to § 0.361(b) and (c), the Commission may direct that matters pending before the Review Board be certified to the Commission for decision, and the Board may itself certify such matters to the Commission, with a request that they be acted upon by the Commission.

(d) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular weekly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings "by circulation", which in

volves the submission of a document to each of the Commissioners for his approval.

[32 FR 10569, July 19, 1967, as amended at 36 FR 19438, Oct. 6, 1971; 37 FR 18034, Sept. 16, 1972; 37 FR 19372, Sept. 20, 1972; 37 FR 20553, Sept. 30, 1972; 38 FR 17005, June 28, 1973; 40 FR 17253, Apr. 18, 1975; 43 FR 36444, Aug. 17, 1978; 44 FR 4486, Jan. 22, 1979; 44 FR 12425, Mar. 7, 1979; 44 FR 39179, July 5, 1979; 44 FR 70471, Dec. 7, 1979]

§ 0.6 Executive Advisory Council.

The Executive Advisory Council provides a forum for the interchange of information and ideas among the Commission's principal staff components. The Council coordinates Commission programs and activities; analyzes problems and issues of concern to the members of the Council; and develops recommendations for action by the Chairman and the Commission. The membership is composed of the head of each principal staff unit in the Commission.

[37 FR 6737, Apr. 4, 1972]

OFFICE OF EXECUTIVE DIRECTOR

§ 0.11 Functions of the office.

The Managing Director is appointed by the Chairman with the approval of the Commission. Under the supervision and direction of the Chairman, the Managing Director shall serve as the Commission's chief operating and executive official with the following duties and responsibilities: (a) Provide managerial leadership to and exercise supervision and direction over the Commission's Bureaus and Offices with respect to management and administrative matters but not substantive regulatory matters such as regulatory policy and rule making, authorization of service, administration of sanctions, and adjudication.

(b) Formulate and administer all management and administrative policies, programs, and directives for the Commission consistent with authority delegated by the Commission and the Chairman and recommend to the Chairman and the Commission major changes in such policies and programs.

(c) Assist the Chairman in carrying out the administrative and executive responsibilities delegated to the Chairman as the administrative head of the agency.

(d) Advise the Chairman and Commission on management, administrative, and related matters; review and evaluate the programs and procedures of the Commission; initiate action or make recommendations as may be necessary to administer the Communications Act most effectively in the public interest. Assess the management, administrative, and resource implications of any proposed action or decision to be taken by the Commission or by a Bureau or Office under delegated authority; recommend to the Chairman and Commission program priorities, resource and position allocations, management, and administrative policies.

(e) Plan and administer the Commission's Management by Objectives system. Assure that objectives, priorities, and action plans established by Bureaus and Offices are consistent with overall Commission objectives and priorities.

(f) Plan and administer the Commission's Program Evaluation System. Ensure that evaluation results are utilized in Commission decisionmaking and priority-setting activities. (g) Direct agency efforts to improve management effectiveness, operational efficiency, employee productivity, and service to the public. Administer Commission-wide management programs.

(h) Plan and manage the administrative affairs of the Commission with respect to the functions of personnel and position management; labormanagement relations; budget and financial management; information management and processing; organization planning; management analysis; procurement; office space management and utilization; administrative and office services; supply and property management; records management; personnel and physical security; and international telecommunications settlements.

(i) Serve as the principal operating official on ex parte matters involving restricted proceedings. Review and dispose of all ex parte communications received from the public and others. In consultation with the General Counsel, approve waivers of the applicability of the conflict of interest statutes pursuant to 18 U.S.C. 205 and 208, or initiate necessary actions where other resolutions of conflicts of interest are called for.

(j) Under the general direction of the Defense Commissioner, coordinate the defense activities of the Commission, including recommendation of national emergency plans and preparedness programs covering Commission licensees and planning for continuity of essential Commission functions during national emergency conditions. Act as alternative Commission representative to emergency planning groups of other agencies.

(k) With the concurrence of the General Counsel, interpret rules and regulations pertaining to fees.

(1) Ensure that the resource and administrative aspects of the Commission's international activities are fully coordinated with other Commission programs and functions. Formulate and administer all management and administrative policies and programs for international communications activities on behalf of the Chairman and the Commission.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154, 303, 307)

[46 FR 59975, Dec. 8, 1981, as amended at 47 FR 41380, Sept. 20, 1982)

§ 0.12 Units in the Office.

(a) Immediate Office of the Managing Director. (b) FCC International Telecommunications Advisor.

(d) Management By Objectives/Program Evaluation Staff.

(e) Associate Managing Director for Information Management.

(1) Network Management Staff.

(2) Computer Applications Division. (3) Information Processing Division. (4) Planning and Analysis Division.

(f) Associate Managing Director for Operations.
(1) Financial Management Division.
(2) Operations Support Division.

(g) Emergency Communications Division.
(h) Internal Review and Security Division.
(i) Personnel Management Division.
(j) The Secretary.

(Secs. 4, 303, 48 Stat., as amended, 1066, 1082, (47 U.S.C. 154, 303)) [47 FR 41381, Sept. 20, 1982]

OFFICE OF PUBLIC AFFAIRS

8 0.15 Functions of the Office

The Office of Public Affairs is directly responsible to the Commission. The Office has the following duties and responsibilities:

(a) Develop, recommend, coordinate and administer Commission objectives, plans and programs to enhance public understanding of and compliance with the Commission's regulatory requirements. Evaluate public information dissemination practices and develop methods of improving these practices.

(b) Act as the principal channel for communicating information to the news media, regulated industries, and the general public on Commission policies, programs, and activities. Make official announcements of Commission decisions and actions. Maintain liaison with the information media to facilitate the dissemination of news and information on FCC activities. Advise the Commission on public reaction to and comment on FCC policies and programs.

(c) Develop, recommend, coordinate and administer objectives, plans and programs to encourage participation by the public in the Commission's decision-making processes. Promote increased awareness within the Commission of the impact of Commission policies on the ability of consumers of communications services to participate in decisions that affect them. Evaluate the effectiveness of mechanisms developed and used to facilitate public input and develop new initiatives as appropriate.

(d) Serve as the Commission's primary point of contact with individual consumers of communications services and with organizations of such consumers. Maintain liaison with consumers to facilitate an interchange of information and cooperative efforts to improve the Commission's information-gathering, policy-making, and information dissemination functions.

(e) Act as the principal point of public contact in disseminating information about Commission programs to promote equal employment opportunity and minority enterprise in Commission-regulated industries. Maintain liaison with industry representatives, women's and minority groups and other interested parties regarding public information about and public evaluation of these programs. Organize FCC seminars and serve as FCC spokesperson to outside organizations on these subjects.

(f) Develop and implement programs to assist in providing information to minority entrepreneurs engaged in or seeking to participate in telecommunications industries regulated by the Commission.

(g) Review Commission contract procurement policy to devise ways of increasing information about proposed Commission contracts received by minority contractors.

(h) Advise the Commission on its information dissemination and public participation policies, as they affect liaison with the information media, the public and the Commission's regulatees. Provide policy and program guidance to the bureaus and offices on these subjects based on feedback received through the information dissemination functions of the Office.

(i) Maintain liaison with the Field Operations Bureau regarding the press and news media, and consumer assistance and information activities of the Commission's field offices.

(Secs. 4, 5, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 155, 303)

[44 FR 12425, Mar. 7, 1979, as amended at 44 FR 70471, Dec. 7, 1979)

8 0.16 Units in the Office.

The Office of Public Affairs is comprised of the following units:

(a) Immediate Office of the Director

(b) Consumer Assistance and Information Division

[46 FR 43166, Aug. 27, 1981]

OFFICE OF PLANS AND POLICY

8 0.21 Functions of the Office.

The Office of Plans and Policy, as a staff office to the Commission, assists, advises and makes recommendations to the Commission with respect to the development and implementation of communications policies in all areas of Commission authority and responsibility. A principal function of the Office is to conduct independent policy analyses to assess the long-term effects of alternative Commission policies on domestic and international communication industries and services, with due consideration of the responsibilities and programs of other staff units, and to recommend appropriate Commission action. The Office is also

responsible for coordinating the policy research and development activities of other staff units, with special concern for matters which transcend their individual areas of responsibility. The Office is composed of legal, engineering, economic, and sociological policy analysts and other personnel, and is headed by a chief having the following duties and responsibilities:

(a) To identify and define significant communications policy issues in all areas of Commission interest and responsibility;

(b) To conduct technical, economic, and sociological impact studies of existing and proposed communications policies and operations, including cooperative studies with other staff units and consultant and contract efforts as appropriate;

(d) To review and comment on all significant actions proposed to be taken by the Commission in terms of their overall policy implications;

(e) To recommend and evaluate governmental (state and federal), academic, and industry sponsored research affecting Commission policy issues;

(f) To prepare briefings, position papers, proposed Commission actions, or other agenda items as appropriate;

(g) To manage the Commission's policy research program, recommend budget levels and priorities for this program, and serve as central account manager for all contractual policy research studies funded by the Commission;

(h) To coordinate the formation and presentation of Commission positions in domestic communications policy; represent the Commission at appropriate interagency discussions and confer

ences.

(i) To participate in the development of international communications policy with the Office of Science and Technology, as appropriate; provide representation at international meetings when appropriate.

(j) Develop and recommend procedures and plans for the effective handling of policy issues within the Commission.

[38 FR 17005, June 28, 1973, as amended at 45 FR 25400, Apr. 15, 1980]

OFFICE OF SCIENCE AND TECHNOLOGY

§ 0.31 Functions of the Office.

The Office of Science and Technology has the following duties and responsibilities:

(a) To plan and direct broad programs for development of information relative to communications techniques and equipment, radiowave propagation, and new uses for communications, and advise the Commission and staff offices in such matters.

(b) Represent the Commission at various national and international conferences and meetings devoted to the progress of communications and the development of technical and other information and standards, and serve as Commission coordinator for the various national conferences when appropriate.

(c) To conduct scientific and technical studies in advanced phases of terrestrial and space communications, and special projects to obtain theoretical and experimental data on new or improved techniques.

(d) To advise the Commission concerning engineering matters, including the privacy and security of communications, involved in making or implementing policy or in resolving specific cases.

(e) To develop and implement procedures to acquire, store, and retrieve scientific and technical information useful in the engineering work of the Commission.

(f) To advise and represent the Commission on frequency allocation and spectrum usage matters, including those covered by international agreements.

(g) To render, in cooperation with the General Counsel and the Office of Plans and Policy, advice to the Commission, participate in and coordinate staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and render service and advice with respect to rule making matters and proceedings affecting more than one Bureau.

(h) To collaborate with and advise other Bureaus and Offices in the formulation of technical requirements of the Rules.

(i) To administer Parts 2, 5, 15, and 18 of this chapter, including licensing, recordkeeping, and rule making.

(j) To perform all engineering and management functions of the Commission with respect to formulating rules and regulations, technical standards, and general policies for Parts 15 and 18 of this chapter, and for type approval and acceptance, and certification of radio equipment for compliance with the Rules.

(k) To maintain liaison with other agencies of government, technical experts representing foreign governments, and members of the public and industry concerned with communications and frequency allocation and usage.

(1) To calibrate and standardize technical equipment and installations used by the Commission.

(m) To exercise authority as may be assigned or referred by the Commission pursuant to section 5(d) of the Communications Act of 1934, as amended.

(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, 1088, 1089; 47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[45 FR 28718, Apr. 30, 1980, as amended at 46 FR 45342, Sept. 11, 1981)

§ 0.32 Units in the Office.

The Office of Science and Technology is comprised of the following units:

(a) Immediate Office of the Chief Scientist; (b) International Staff;

(d) Authorization and Standards Division;

(e) Spectrum Management Division; and (f) Technical Analysis Division.

OFFICE OF GENERAL COUNSEL

§ 0.41 Functions of the Office.

The Office of the General Counsel has the following duties and responsibilities:

(a) To advise and represent the Commission in matters of litigation.

(b) To advise and make recommendations to the Commission with respect to proposed legislation and to coordinate the preparation of Commission views thereon for submission to Congress.

(d) To interpret the statutes, international agreements, and international regulations affecting the Commission.

(e) To prepare and make recommendations and interpretations concerning procedural rules of general applicability and to review all rules for consistency with other rules, uniformity, and legal sufficiency.

(f) To conduct research in legal matters as directed by the Commission.

(g) In cooperation with the Chief Scientist, to participate in, render advice to the Commission, and coordinate the staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule making matters and proceedings affecting more than one bureau.

(h) To perform all legal functions with respect to experimental operations under Part 5 of this chapter; the operation of restricted radiation devices under Parts 15 and 18 of this chapter; and type approval and type acceptance of radio equipment.

(i) To exercise such authority as may be assigned or referred to it by the Commission pursuant to section 5(d) of the Communications Act of 1934, as amended.

(j) To cooperate with the Common Carrier Bureau and the Office of Science and Technology on all matters pertaining to space satellite communications.

(k) To study the licensing practices of patentees and assignees in communications services regulat

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