§  0.291   Authority delegated.

   The Chief, Wireline Competition Bureau, is hereby delegated authority
   to perform all functions of the Bureau, described in §  0.91, subject
   to the following exceptions and limitations.

   (a) Authority concerning applications. (1) The Chief, Wireline
   Competition Bureau shall not have authority to act on any formal or
   informal common carrier applications or section 214 applications for
   common carrier services which are in hearing status.

   (2) The Chief, Wireline Competition Bureau shall not have authority to
   act on any applications or requests which present novel questions of
   fact, law or policy which cannot be resolved under outstanding
   precedents and guidelines.

   (b) Authority concerning section 220 of the Act. The Chief, Wireline
   Competition Bureau shall not have authority to promulgate regulations
   or orders prescribing permanent depreciation rates for common carriers,
   or to prescribe interim depreciation rates to be effective more than
   one year, pursuant to section 220 of the Communications Act of 1934, as
   amended.

   (c) Authority concerning forfeitures. The Chief, Wireline Competition
   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.

   (d) Authority concerning applications for review. The Chief, Wireline
   Competition Bureau shall not have authority to act upon any
   applications for review of actions taken by the Chief, Wireline
   Competition Bureau, pursuant to any delegated authority.

   (e) Authority concerning rulemaking and investigatory proceedings. The
   Chief, Wireline Competition 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 that the Chief,
   Wireline Competition Bureau, shall have authority, in consultation and
   coordination with the Chief, International Bureau, to issue and revise
   a manual on the details of the reporting requirements for international
   carriers referenced in §  43.61(a)(3) of this chapter.

   (f) Authority concerning the issuance of subpoenas. The Chief of the
   Wireline Competition 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 Wireline Competition Bureau. Before issuing a
   subpoena, the Bureau shall obtain the approval of the Office of General
   Counsel.

   (g) The Chief, Wireline Competition Bureau, is delegated authority to
   enter into agreements with the National Institute of Standards and
   Technology to perform accreditation of Telecommunication Certification
   Bodies (TCBs) pursuant to § §  68.160 and 68.162 of this chapter. In
   addition, the Chief is delegated authority to develop specific methods
   that will be used to accredit TCBs, to designate TCBs, to make
   determinations regarding the continued acceptability of individual TCBs
   and to develop procedures that TCBs will use for performing post-market
   surveillance.

   (h) Authority concerning petitions for pricing flexibility. (1) The
   Chief, Wireline Competition Bureau, shall have authority to act on
   petitions filed pursuant to part 69, subpart H, of this chapter for
   pricing flexibility involving special access and dedicated transport
   services. This authority is not subject to the limitation set forth in
   paragraph (a)(2) of this section.

   (2) The Chief, Wireline Competition Bureau, shall not have authority to
   act on petitions filed pursuant to part 69, subpart H, of this chapter
   for pricing flexibility involving common line and traffic sensitive
   services.

   (i) Authority concerning schools and libraries support mechanism
   audits. The Chief, Wireline Competition Bureau, shall have authority to
   address audit findings relating to the schools and libraries support
   mechanism. This authority is not subject to the limitation set forth in
   paragraph (a)(2) of this section.

   (Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154,
   155, 303; 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, 1089; 47 U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 315, 317)

   [ 44 FR 18501 , Mar. 28, 1979]

   Editorial Note: For Federal Register citations affecting §  0.291, see
   the List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and at www.fdsys.gov .

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