§ 0.331   Authority delegated.

   The Chief, Wireless Telecommunications Bureau, is hereby delegated authority
   to perform all functions of the Bureau, described in § 0.131, subject to the
   exceptions and limitations in paragraphs (a) through (d) of this section,
   and also the functions described in paragraph (e) of this section.

   (a)   Authority  concerning  applications.  (1)  The  Chief,  Wireless
   Telecommunications Bureau shall not have authority to act on any radio
   applications that are in hearing status.

   (2) The Chief, Wireless Telecommunications Bureau shall not have authority
   to act on any complaints, petitions or requests, whether or not accompanied
   by an application, when such complaints, petitions or requests present new
   or  novel  questions  of  law or policy which cannot be resolved under
   outstanding Commission precedents and guidelines.

   (b) Authority concerning forfeitures and penalties. The Chief, Wireless
   Telecommunications Bureau, shall not have authority to impose, reduce, or
   cancel forfeitures pursuant to the Communications Act of 1934, as amended,
   and  imposed under regulations in this chapter in amounts of more than
   $80,000  for  commercial radio providers and $20,000 for private radio
   providers.  Payments  for bid withdrawal, default or to prevent unjust
   enrichment that are imposed pursuant to Section 309(j) of the Communications
   Act  of 1934, as amended, and regulations in this chapter implementing
   Section  309(j)  governing  auction  authority, are excluded from this
   restriction.

   (c)  Authority concerning applications for review. The Chief, Wireless
   Telecommunications  Bureau  shall  not  have authority to act upon any
   applications  for  review  of  actions  taken  by  the Chief, Wireless
   Telecommunications Bureau pursuant to any delegated authority, except that
   the Chief may dismiss any such application that does not comply with the
   filing requirements of § 1.115 (d) and (f) of this chapter.

   (d)  Authority  concerning rulemaking proceedings. The Chief, Wireless
   Telecommunications Bureau shall not have the authority to act upon notices
   of proposed rulemaking and inquiry, final orders in rulemaking proceedings
   and inquiry proceedings, and reports arising from any of the foregoing
   except such orders involving ministerial conforming amendments to rule
   parts, or orders conforming any of the applicable rules to formally adopted
   international conventions or agreements where novel questions of fact, law,
   or policy are not involved. Orders conforming any of the applicable rules in
   part 17 of this chapter to rules formally adopted by the Federal Aviation
   Administration also need not be referred to the Commission if they do not
   involve novel questions of fact, law, or policy. In addition, revisions to
   the airport terminal use list in § 90.35(c)(61) of this chapter and revisions
   to the Government Radiolocation list in § 90.371(b) of this chapter need not
   be referred to the Commission. Adoption of certain technical standards
   applicable to hearing aid compatibility under § 20.19 of this chapter made
   together with the Chief of the Office of Engineering and Technology, as
   specified in § 20.19(k) of this chapter, also need not be referred to the
   Commission. Also, the addition of new Marine VHF frequency coordination
   committee(s)  to  § 80.514  of this chapter need not be referred to the
   Commission if they do not involve novel questions of fact, policy or law, as
   well as requests by the United States Coast Guard to:

   (1) Designate radio protection areas for mandatory Vessel Traffic Services
   (VTS) and establish marine channels as VTS frequencies for these areas; or

   (2) Designate regions for shared commercial and non-commercial vessel use of
   VHF marine frequencies.

   (3) Designate by footnote to frequency table in § 80.373(f) of this chapter
   marine  VHF  frequencies  are  available for intership port operations
   communications in defined port areas.

   (e)  The  Chief of the Wireless Telecommunications Bureau is delegated
   authority jointly with the Chief of the Office of Engineering and Technology
   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.

   (f)  The  Chief of the Wireless Telecommunications Bureau is delegated
   authority jointly with the Chief of the Office of Engineering and Technology
   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.

   [ 60 FR 35506 , July 10, 1995, as amended at  61 FR 26465 , May 28, 1996;  62 FR 40285 , July 28, 1997;  65 FR 43715 , July 14, 2000;  67 FR 63284 , Oct. 11,
   2002;  69 FR 46440 , Aug. 3, 2004;  73 FR 25587 , May 7, 2008;  75 FR 75835 , Dec.
   6, 2010;  79 FR 56984 , Sept. 24, 2014;  80 FR 36218 , June 23, 2015]

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