§ 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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