§ 0.251   Authority delegated.

   (a) The General Counsel is delegated authority to act as the “designated
   agency ethics official.”

   (b) Insofar as authority is not delegated to any other Bureau or Office, and
   with respect only to matters which are not in hearing status, the General
   Counsel is delegated authority:

   (1) To act upon requests for extension of time within which briefs, comments
   or pleadings may be filed.

   (2)  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.

   (3) 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.

   (4)  To  dismiss  as repetitious any petition for reconsideration of a
   Commission order denying an application for review which fails to rely on
   new facts or changed circumstances.

   (c) The General Counsel is delegated authority in adjudicatory hearing
   proceedings which are pending before the Commission en banc to act on all
   requests for relief, and to issue all appropriate orders, except those which
   involve final disposition on the merits of a previously specified issue
   concerning an applicant's basic qualifications or two or more applicants'
   comparative qualifications.

   (d)  When  an adjudicatory proceeding is before the Commission for the
   issuance of a final order or decision, the General Counsel will make every
   effort to submit a draft order or decision for Commission consideration
   within four months of the filing of the last responsive pleading. If the
   Commission is unable to adopt an order or decision in such cases within five
   months of the last responsive pleading, it shall issue an order indicating
   that additional time will be required to resolve the case.

   (e) The official record of all actions taken by the General Counsel pursuant
   to § 0.251 (c) and (d) is contained in the original docket folder, which is
   maintained by the Reference Information Center.

   (f)  The  General  Counsel  is  delegated  authority  to issue written
   determinations  on  matters  regarding  the  interception of telephone
   conversations.  Nothing  in  this paragraph, however, shall affect the
   authority  of  the  Inspector General to intercept or record telephone
   conversations as necessary in the conduct of investigations or audits.

   (g) The General Counsel is delegated authority to issue rulings on whether
   violations of the ex parte rules have occurred and to impose appropriate
   sanctions. The General Counsel shall refer to the Enforcement Bureau for
   disposition pursuant to § 0.311(b) any matter in which a forfeiture or a
   citation under 47 U.S.C. 503(b)(5) may be warranted. If the Enforcement
   Bureau determines that forfeiture or a citation is not warranted, the matter
   shall be referred back to the General Counsel for appropriate action.

   (h)  The General Counsel is delegated authority to make determinations
   regarding and waive the applicability of section 4(b) of the Communications
   Act (47 U.S.C. § 154(b)) and the Federal conflict of interest statutes (18
   U.S.C. § § 203, 205 and 208).

   (i) The General Counsel is delegated authority to perform all administrative
   determinations provided for by the Debt Collection Improvement Act of 1996,
   Public Law 104-134, 110 Stat. 1321, 1358 (1996) (DCIA), including, but not
   limited to the provisions of Title 31, U.S.C. 3711 to:

   (1) Collect claims of the United States Government of money or property
   arising out of the activities of, or referred to, the Federal Communications
   Commission,

   (2)  Compromise  a  claim  of the Government of not more than $100,000
   (excluding interest) or such higher amount as the Attorney General of the
   United States may from time to time prescribe, and

   (3) Suspend or end collection action on a claim of the Government of not
   more than $100,000 (excluding interest) when it appears that no person
   liable  on  the  claim has the present or prospective ability to pay a
   significant amount of the claim or the cost of collecting the claim is
   likely to be more than the amount recovered.

   Note to paragraph (i): This delegation does not include waiver authority
   provided by 31 U.S.C. 3720B.

   (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)

   [ 28 FR 12402 , Nov. 22, 1963]

   Editorial Note: For Federal Register citations affecting § 0.251, 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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International Bureau

   Source: Sections 0.261 and 0.262 appear at  60 FR 5324 , Jan. 27, 1995, unless
   otherwise noted.

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