§ 0.241   Authority delegated.

   (a)  The performance of functions and activities described in § 0.31 is
   delegated  to  the  Chief of the Office of Engineering and Technology:
   Provided, that the following matters shall be referred to the Commission en
   banc for disposition:

   (1)  Notice  of proposed rulemaking and of inquiry and final orders in
   rulemaking proceedings, inquiry proceedings and non-editorial orders making
   changes, except that:

   (i) The Chief of the Office of Engineering and Technology is delegated
   authority,  together with the Chief of the Wireless Telecommunications
   Bureau, to adopt certain technical standards applicable to hearing aid
   compatibility under § 20.19 of this chapter, as specified in § 20.19(k).

   (ii) The Chief of the Office of Engineering and Technology is delegated
   authority,  by notice-and-comment rulemaking if required by statute or
   otherwise in the public interest, to issue an order amending rules in parts
   2, 5, 15, or 18 of this chapter that reference industry standards to specify
   revised versions of the standards. This delegation is limited to modifying
   rules to reference revisions to standards that are already in the rules and
   not to incorporate a new standard into the rules, and is limited to the
   approval of changes to the technical standards that do not raise major
   compliance issues.

   (2) Petitions for review of actions taken to delegated authority. See § 1.115
   of this chapter.

   (3) Petitions and other requests for waivers of the Commission's rules,
   whether  or not accompanied by an applications, when such petitions or
   requests contain new or novel arguments not previously considered by the
   Commission or present facts or arguments which appear to justify a change in
   Commission policy.

   (4)  Petitions  and  other requests for declaratory rulings, when such
   petitions  or  requests  contain new or novel arguments not previously
   considered by the Commission or preset facts or arguments which appear to
   justify a change in Commission policy.

   (5)  Any  other  petition, pleading or request presenting new or novel
   questions of fact, law, or policy which cannot be resolved under outstanding
   precedents and guidelines.

   (6)  Any other complaint or enforcement matter presenting new or novel
   questions of fact, law, or policy which cannot be resolved under outstanding
   precedents and guidelines.

   (7) Authority to issued a notice of opportunity for hearing pursuant to
   § 1.80(g)  of  this chapter; and authority to issue notices of apparent
   liability,  final forfeiture orders, and orders cancelling or reducing
   forfeitures imposed under § 1.80(f) of this chapter, if the amount set out in
   the notice of apparent liability is more than $20,000.

   (8) Proposed actions following any case remanded by the courts.

   (b) The Chief of the Office of Engineering and Technology is delegated
   authority to administer the Equipment Authorization program as described in
   part 2 of this chapter.

   (c) The Chief of the Office of Engineering and Technology is delegated
   authority to administer the Experimental Radio licensing program pursuant to
   part 5 of this chapter.

   (d) The Chief of the Office of Engineering and Technology is delegated
   authority  to examine all applications for certification (approval) of
   subscription television technical systems as acceptable for use under a
   subscription television authorization as provided for in this chapter, to
   notify  the  applicant  that an examination of the certified technical
   information and data submitted in accordance with the provisions of this
   chapter indicates that the system does or does not appear to be acceptable
   for authorization as a subscription television system. This delegation shall
   be exercised in consultation with the Chief, Media Bureau.

   (e) The Chief of the Office of Engineering and Technology is authorized to
   dismiss or deny petitions for rulemaking which are repetitive or moot or
   which  for  other  reasons plainly do not warrant consideration by the
   Commission.

   (f) The Chief of the Office of Engineering and Technology is authorized to
   enter  into  agreements  with  the National Institute of Standards and
   Technology and other accreditation bodies to perform accreditation of test
   laboratories pursuant to § 2.948(e) of this chapter. In addition, the Chief
   is authorized to make determinations regarding the continued acceptability
   of individual accrediting organizations and accredited laboratories.

   (g) The Chief of the Office of Engineering and Technology 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 § § 2.960 and 2.962 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) The Chief of the Office of Engineering and Technology is delegated
   authority  to administer the database functions for unlicensed devices
   operating in the television broadcast bands (TV bands) as set forth in
   subpart H of part 15 of this chapter. The Chief is delegated authority to
   develop specific methods that will be used to designate TV bands database
   managers, to designate these database managers; to develop procedures that
   these database managers will use to ensure compliance with the requirements
   for database operations; to make determinations regarding the continued
   acceptability  of  individual  database managers; and to perform other
   functions as needed for the administration of the TV bands databases. The
   Chief is also delegated authority jointly with the Chief of the Wireless
   Telecommunications Bureau to administer provisions of § 15.713(h)(8) of this
   chapter pertaining to the registration of event sites where large numbers of
   wireless microphones that operate on frequencies specified in § 74.802 of
   this chapter are used.

   (i) The Chief of the Office of Engineering and Technology is delegated
   authority to make nonsubstantive, editorial revisions to the Commission's
   rules  and  regulations contained in parts 2, 4, 5, 15, and 18 of this
   chapter.

   (j) The Chief of the Office of Engineering and Technology is delegated
   authority jointly with the Chief of the Wireless Telecommunications Bureau
   to  administer  the Spectrum Access System (SAS) and SAS Administrator
   functions set forth in part 96 of this chapter. The Chief is delegated
   authority to develop specific methods that will be used to designate SAS
   Administrators; to designate SAS Administrators; to develop procedures that
   these SAS Administrators will use to ensure compliance with the requirements
   for  SAS  operation;  to  make  determinations regarding the continued
   acceptability  of  individual SAS Administrators; and to perform other
   functions  as  needed  for the administration of the SAS. The Chief is
   delegated the authority to perform these same functions with regard to the
   Environmental Sensing Capability.

   [ 51 FR 41106 , Nov. 13, 1986, as amended at  57 FR 18088 , Apr. 29, 1992;  60 FR 5324 , Jan. 27, 1995;  60 FR 32119 , June 20, 1995;  61 FR 4918 , Feb. 9, 1996;
    61 FR 31045 , June 19, 1996;  62 FR 48952 , Sept. 18, 1997;  64 FR 4995 , Feb. 2,
   1999;  67 FR 13220 , Mar. 21, 2002;  69 FR 70337 , Dec. 3, 2004;  73 FR 9463 ,
   Feb. 21, 2008;  73 FR 25587 , May 7, 2008;  75 FR 75835 , Dec. 6, 2010;  80 FR 33438 , June 12, 2015;  80 FR 36217 , June 23, 2015]

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