§ 0.392   Authority delegated.

   The Chief, Public Safety and Homeland Security Bureau, is hereby delegated
   authority to perform all functions of the Bureau, described in § § 0.191 and
   0.192, subject to the following exceptions and limitations in paragraphs (a)
   through (e) of this section.

   (a) The Chief, Public Safety and Homeland Security Bureau shall not have
   authority  to  act  on any applications or requests that present novel
   questions of fact, law or policy that cannot be resolved under outstanding
   precedents and guidelines.

   (b) The Public Safety and Homeland Security Bureau shall not have authority
   to act upon any applications for review of actions taken by the Chief,
   Public  Safety and Homeland Security Bureau, pursuant to any delegated
   authority.

   (c) The Public Safety and Homeland Security Bureau shall not have authority
   to  act  upon  any formal or informal radio application or section 214
   application for common carrier services which is in hearing status.

   (d) The Public Safety and Homeland Security 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 for common carrier providers and $20,000 for non-common carrier
   providers.

   (e) The Chief, Public Safety and Homeland Security 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 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.

   (f)  The  Chief, Public Safety and Homeland Security Bureau or her/his
   designee  has  the authority to rule on emergency requests for Special
   Temporary Authority during non-business hours. Action on emergency requests
   for Special Temporary Authority during non-business hours shall be promptly
   reported to the responsible Bureau or Office.

   (g) [Reserved]

   (h)  The  Chief, Public Safety and Homeland Security 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 Public Safety and Homeland Security Bureau. Before
   issuing a subpoena, the Bureau shall obtain the approval of the Office of
   General Counsel.

   (i) The Chief of the Public Safety and Homeland Security Bureau is delegated
   authority to administer the communications disruption reporting requirements
   contained in part 4 of this chapter and to revise the filing system and
   template used for the submission of such communications disruption reports.

   (j) The Chief of the Public Safety and Homeland Security Bureau is delegated
   authority to administer the communications reliability and redundancy rules
   and policies contained in part 12 of this chapter, develop and revise forms
   and procedures as may be required for the administration of part 12 of this
   chapter, review certifications filed in connection therewith, and order
   remedial action on a case-by-case basis to ensure the reliability of 911
   service in accordance with such rules and policies.

   [ 71 FR 69037 , Nov. 29, 2006, as amended at  72 FR 39760 , July 20, 2007;  73 FR 9463 , Feb. 21, 2008;  75 FR 28207 , May 20, 2010;  75 FR 78169 , Dec. 15, 2010;
    79 FR 3130 , Jan. 17, 2014]

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Subpart C—General Information

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General

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