throbber
Telecommunication
`
`47
`
`PARTS 0 TO 19
`Revised as of October 1, 1997
`
`CONTAINING
`A CODIFICATION OF DOCUMENTS
`OF GENERAL APPLICABILITY
`AND FUTURE EFFECT
`
`AS OF OCTOBER 1, 1997
`
`With Ancillaries
`
`Published by
`the Office of the Federal Register
`National Archives and Records
`Administration
`
`as a Special Edition of
`the Federal Register
`
`federalregulations
`codeof
`
`Exhibit 2014 Page 1
`
`IV Exhibit 2014
`FedEx v. IV
`Case IPR2017-00741
`
`

`

`U.S. GOVERNMENT PRINTING OFFICE
`WASHINGTON : 1997
`
`For sale by U.S. Government Printing Office
`Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328
`
`Exhibit 2014 Page 2
`
`

`

`Table of Contents
`
`Explanation ................................................................................................
`
`Page
`v
`
`Title 47:
`
`Chapter I—Federal Communications Commission ..............................
`
`3
`
`Finding Aids:
`
`Material Approved for Incorporation by Reference ............................
`
`Table of CFR Titles and Chapters .......................................................
`
`Alphabetical List of Agencies Appearing in the CFR .........................
`
`List of CFR Sections Affected .............................................................
`
`699
`
`701
`
`717
`
`727
`
`iii
`
`Exhibit 2014 Page 3
`
`

`

`Cite this Code: CFR
`To cite the regulations in
`this volume use title,
`part and section num-
`ber. Thus, 47 CFR 0.1
`refers to title 47, part 0,
`section 1.
`
`iv
`
`Exhibit 2014 Page 4
`
`

`

`Explanation
`The Code of Federal Regulations is a codification of the general and permanent
`rules published in the Federal Register by the Executive departments and agen-
`cies of the Federal Government. The Code is divided into 50 titles which represent
`broad areas subject to Federal regulation. Each title is divided into chapters
`which usually bear the name of the issuing agency. Each chapter is further sub-
`divided into parts covering specific regulatory areas.
`Each volume of the Code is revised at least once each calendar year and issued
`on a quarterly basis approximately as follows:
`Title 1 through Title 16..............................................................as of January 1
`Title 17 through Title 27.................................................................as of April 1
`Title 28 through Title 41..................................................................as of July 1
`Title 42 through Title 50.............................................................as of October 1
`The appropriate revision date is printed on the cover of each volume.
`LEGAL STATUS
`The contents of the Federal Register are required to be judicially noticed (44
`U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
`of the original documents (44 U.S.C. 1510).
`HOW TO USE THE CODE OF FEDERAL REGULATIONS
`The Code of Federal Regulations is kept up to date by the individual issues
`of the Federal Register. These two publications must be used together to deter-
`mine the latest version of any given rule.
`To determine whether a Code volume has been amended since its revision date
`(in this case, October 1, 1997), consult the ‘‘List of CFR Sections Affected (LSA),’’
`which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
`appears in the Reader Aids section of the daily Federal Register. These two lists
`will identify the Federal Register page number of the latest amendment of any
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`EFFECTIVE AND EXPIRATION DATES
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`Register and date of publication. Publication dates and effective dates are usu-
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`actual effective date. In instances where the effective date is beyond the cut-
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`the text.
`OMB CONTROL NUMBERS
`The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
`to display an OMB control number with their information collection request.
`v
`
`Exhibit 2014 Page 5
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`

`

`Many agencies have begun publishing numerous OMB control numbers as amend-
`ments to existing regulations in the CFR. These OMB numbers are placed as
`close as possible to the applicable recordkeeping or reporting requirements.
`OBSOLETE PROVISIONS
`Provisions that become obsolete before the revision date stated on the cover
`of each volume are not carried. Code users may find the text of provisions in
`effect on a given date in the past by using the appropriate numerical list of
`sections affected. For the period before January 1, 1986, consult either the List
`of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven sep-
`arate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR Sections
`Affected’’ is published at the end of each CFR volume.
`INCORPORATION BY REFERENCE
`What is incorporation by reference? Incorporation by reference was established
`by statute and allows Federal agencies to meet the requirement to publish regu-
`lations in the Federal Register by referring to materials already published else-
`where. For an incorporation to be valid, the Director of the Federal Register
`must approve it. The legal effect of incorporation by reference is that the mate-
`rial is treated as if it were published in full in the Federal Register (5 U.S.C.
`552(a)). This material, like any other properly issued regulation, has the force
`of law.
`What is a proper incorporation by reference? The Director of the Federal Register
`will approve an incorporation by reference only when the requirements of 1 CFR
`part 51 are met. Some of the elements on which approval is based are:
`(a) The incorporation will substantially reduce the volume of material pub-
`lished in the Federal Register.
`(b) The matter incorporated is in fact available to the extent necessary to
`afford fairness and uniformity in the administrative process.
`(c) The incorporating document is drafted and submitted for publication in
`accordance with 1 CFR part 51.
`Properly approved incorporations by reference in this volume are listed in the
`Finding Aids at the end of this volume.
`What if the material incorporated by reference cannot be found? If you have any
`problem locating or obtaining a copy of material listed in the Finding Aids of
`this volume as an approved incorporation by reference, please contact the agency
`that issued the regulation containing that incorporation. If, after contacting the
`agency, you find the material is not available, please notify the Director of the
`Federal Register, National Archives and Records Administration, Washington DC
`20408, or call (202) 523–4534.
`CFR INDEXES AND TABULAR GUIDES
`A subject index to the Code of Federal Regulations is contained in a separate
`volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
`This volume contains the Parallel Table of Statutory Authorities and Agency
`Rules (Table I), and Acts Requiring Publication in the Federal Register (Table
`II). A list of CFR titles, chapters, and parts and an alphabetical list of agencies
`publishing in the CFR are also included in this volume.
`An index to the text of ‘‘Title 3—The President’’ is carried within that volume.
`The Federal Register Index is issued monthly in cumulative form. This index
`is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
`ister.
`
`vi
`
`Exhibit 2014 Page 6
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`

`A List of CFR Sections Affected (LSA) is published monthly, keyed to the
`revision dates of the 50 CFR titles.
`REPUBLICATION OF MATERIAL
`There are no restrictions on the republication of material appearing in the
`Code of Federal Regulations.
`INQUIRIES
`For a legal interpretation or explanation of any regulation in this volume,
`contact the issuing agency. The issuing agency’s name appears at the top of
`odd–numbered pages.
`For inquiries concerning CFR reference assistance, call 202–523–5227 or write
`to the Director, Office of the Federal Register, National Archives and Records
`Administration, Washington, DC 20408.
`SALES
`The Government Printing Office (GPO) processes all sales and distribution of
`the CFR. For payment by credit card, call 202–512–1800, M–F, 8 a.m. to 4 p.m.
`e.s.t. or fax your order to 202–512–2233, 24 hours a day. For payment by check,
`write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954,
`Pittsburgh, PA 15250–7954. For GPO Customer Service call 202–512–1803.
`RAYMOND A. MOSLEY,
`Director,
`Office of the Federal Register.
`
`October 1, 1997.
`
`vii
`
`Exhibit 2014 Page 7
`
`

`

`Exhibit 2014 Page 8
`
`Exhibit 2014 Page 8
`
`

`

`THIS TITLE
`
`Title 47—TELECOMMUNICATION is composed of five volumes. The parts in these
`volumes are arranged in the following order: Parts 0–19, parts 20–39, parts 40–
`69, parts 70–79, and part 80 to end, chapter I—Federal Communications Commis-
`sion. The last volume, part 80 to end, also includes chapter II—Office of Science
`and Technology Policy and National Security Council, and chapter III—National
`Telecommunications and Information Administration, Department of Commerce.
`The contents of these volumes represent all current regulations codified under
`this title of the CFR as of October 1, 1997.
`Part 73 contains a numerical designation of FM broadcast channels (§73.201)
`and a table of FM allotments designated for use in communities in the United
`States, its territories, and possessions (§73.202). Part 73 also contains a numerical
`designation of television channels (§73.603) and a table of allotments which con-
`tain channels designated for the listed communities in the United States, its
`territories, and possessions (§73.606).
`The OMB control numbers for the Federal Communications Commission, ap-
`pear in §0.408 of chapter I. For the convenience of the user §0.408 is reprinted
`in the Finding Aids section of the second through fifth volumes.
`A redesignation table appears in the Finding Aids section of the volume con-
`taining part 80 to end.
`For this volume, Kenneth R. Payne Chief Editor. The Code of Federal Regula-
`tions publication program is under the direction of Frances D. McDonald, assisted
`by Alomha S. Morris.
`
`ix
`
`Exhibit 2014 Page 9
`
`

`

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`cumulative form. Entries indicate the nature of the
`changes—such as revised, removed, or corrected.
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`form. Entries are carried primarily under the names
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`

`

`Title 47—
`Telecommunication
`
`(This book contains parts 0 to 19)
`
`CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION ...............
`
`Part
`0
`
`1
`
`Exhibit 2014 Page 11
`
`

`

`Exhibit 2014 Page 12
`
`Exhibit 2014 Page 12
`
`

`

`CHAPTER I—FEDERAL COMMUNICATIONS
`COMMISSION
`
`SUBCHAPTER A—GENERAL
`Commission organization ........................................
`Practice and procedure ...........................................
`Frequency allocations and radio treaty matters;
`general rules and regulations ...............................
`Authorization and administration of accounting
`authorities in maritime and maritime mobile-
`satellite radio services .........................................
`Experimental radio services (other than broadcast)
`Emergency Alert System (EAS) ..............................
`Commercial radio operators ....................................
`Radio frequency devices ..........................................
`Construction, marking, and lighting of antenna
`structures .............................................................
`Industrial, scientific, and medical equipment ........
`Employee responsibilities and conduct ...................
`
`Page
`5
`88
`317
`
`559
`568
`584
`601
`610
`676
`684
`690
`
`Part
`0
`1
`2
`3
`
`5
`11
`13
`15
`17
`18
`19
`
`SUPPLEMENTAL PUBLICATIONS:
`Annual Reports of the FCC to Congress.
`FCC Record of Orders and Decisions.
`Communications Act of 1934 (with amendments and index thereto), Recap. Version to May 1989.
`Study Guide and Reference Material for Commercial Radio Operator Examinations, May 1987 edi-
`tion.
`
`3
`
`Exhibit 2014 Page 13
`
`

`

`SUBCHAPTER A—GENERAL
`
`PART 0—COMMISSION
`ORGANIZATION
`
`Subpart A—Organization
`GENERAL
`Sec.
`0.1 The Commission.
`0.3 The Chairman.
`0.5 General description of Commission orga-
`nization and operations.
`OFFICE OF MANAGING DIRECTOR
`0.11 Functions of the Office.
`OFFICE OF INSPECTOR GENERAL
`0.13 Functions of the Office.
`OFFICE OF PUBLIC AFFAIRS
`0.15 Functions of the Office.
`OFFICE OF LEGISLATIVE AFFAIRS
`0.17 Functions of the Office.
`OFFICE OF PLANS AND POLICY
`0.21 Functions of the Office.
`OFFICE OF ENGINEERING AND TECHNOLOGY
`0.31 Functions of the Office.
`OFFICE OF GENERAL COUNSEL
`0.41 Functions of the Office.
`INTERNATIONAL BUREAU
`0.51 Functions of the Bureau
`MASS MEDIA BUREAU
`0.61 Functions of the Bureau.
`OFFICE OF WORKPLACE DIVERSITY
`0.81 Functions of the Office.
`COMMON CARRIER BUREAU
`0.91 Functions of the Bureau.
`CABLE SERVICES BUREAU
`0.101 Functions of the Bureau.
`COMPLIANCE AND INFORMATION BUREAU
`0.111 Functions of the Bureau.
`0.121 Location of field installations.
`WIRELESS TELECOMMUNICATIONS BUREAU
`0.131 Functions of the Bureau.
`OFFICE OF ADMINISTRATIVE LAW JUDGES
`0.151 Functions of the Office.
`
`DEFENSE AND EMERGENCY PREPAREDNESS
`FUNCTIONS
`0.181 The Defense Commissioner.
`0.182 Chief, Compliance and Information
`Bureau.
`0.183 Emergency Communications Adminis-
`tration.
`0.185 Responsibilities of the bureaus and
`staff offices.
`0.186 Emergency Relocation Board.
`Subpart B—Delegations of Authority
`GENERAL
`0.201 General provisions.
`0.203 Authority of person, panel, or board to
`which functions are delegated.
`0.204 The exercise of delegated authority.
`COMMISSIONERS
`0.211 Chairman.
`0.212 Board of Commissioners.
`0.218 Authority of, and delegated to, an in-
`dividual Commissioner or Commis-
`sioners.
`
`MANAGING DIRECTOR
`0.231 Authority delegated.
`CHIEF ENGINEER
`0.241 Authority delegated.
`0.247 Record of actions taken.
`GENERAL COUNSEL
`0.251 Authority delegated.
`INTERNATIONAL BUREAU
`0.261 Authority delegated.
`0.262 Record of actions taken.
`OFFICE OF PLANS AND POLICY
`0.271 Authority delegated.
`CHIEF, MASS MEDIA BUREAU
`0.283 Authority delegated.
`0.284 Actions taken under delegated author-
`ity.
`0.285 Record of actions taken.
`CHIEF, COMMON CARRIER BUREAU
`0.291 Authority delegated.
`0.301 [Reserved]
`0.302 Record of actions taken.
`0.303 Authority concerning registration of
`telephone terminal equipment.
`COMPLIANCE AND INFORMATION BUREAU
`0.311 Authority delegated.
`0.314 Additional authority delegated.
`0.317 Record of action taken.
`
`5
`
`Exhibit 2014 Page 14
`
`

`

`Pt. 0
`
`CABLE SERVICES BUREAU
`0.321 Authority delegated.
`0.325 Record of actions taken.
`WIRELESS TELECOMMUNICATIONS BUREAU
`0.331 Authority delegated.
`0.332 Actions taken under delegated author-
`ity.
`0.333–0.337 [Reserved]
`ADMINISTRATIVE LAW JUDGES
`0.341 Authority of administrative law judge.
`0.347 Record of actions taken.
`CHIEF ADMINISTRATIVE LAW JUDGE
`0.351 Authority delegated.
`0.357 Record of actions taken.
`NATIONAL SECURITY AND EMERGENCY
`PREPAREDNESS DELEGATIONS
`0.381 Defense Commissioner.
`0.383 Emergency Relocation Board, author-
`ity delegated.
`0.387 Other national security and emer-
`gency preparedness delegations; cross
`reference.
`OFFICE OF WORKPLACE DIVERSITY
`0.391 Authority delegated.
`Subpart C—General Information
`GENERAL
`0.401 Location of Commission offices.
`0.403 Office hours.
`0.405 Statutory provisions.
`0.406 The rules and regulations.
`0.408 OMB control numbers assigned pursu-
`ant to the Paperwork Reduction Act.
`0.409 Communication policy on private
`printing of FCC forms.
`PRINTED PUBLICATIONS
`0.411 General reference materials.
`0.413 The Commission’s printed publica-
`tions.
`0.414 The Communications Act and other
`statutory materials.
`0.415 The rules and regulations (looseleaf
`service).
`0.416 The Federal Communications Commis-
`sion Record.
`0.417 The Annual Reports.
`0.420 Other Commission publications.
`FORMS AND DOCUMENTS AVAILABLE UPON
`REQUEST
`0.421 Application forms.
`0.422 Current action documents and public
`notices.
`0.423
`Information bulletins.
`
`47 CFR Ch. I (10–1–97 Edition)
`LISTS CONTAINING INFORMATION COMPILED BY
`THE COMMISSION
`0.431 The FCC service frequency lists.
`0.433 The radio equipment lists.
`0.434 Data bases and lists of authorized
`broadcast stations and pending broadcast
`applications.
`PUBLIC INFORMATION AND INSPECTION OF
`RECORDS
`0.441 General.
`0.442 Disclosure to other Federal govern-
`ment agencies of information submitted
`to the Commission in confidence.
`0.443 General information office.
`0.445 Publication, availability and use of
`opinions, orders, policy statements, in-
`terpretations, administrative manuals,
`and staff instructions.
`0.451 Inspection of records: Generally.
`0.453 Public reference rooms.
`0.455 Other locations at which records may
`be inspected.
`0.457 Records not routinely available for
`public inspection.
`0.459 Requests that materials or informa-
`tion submitted to the Commission be
`withheld from public inspection.
`0.460 Requests for inspection of records
`which are routinely available for public
`inspection.
`0.461 Requests for inspection of materials
`not routinely available for public inspec-
`tion.
`0.463 Demand by competent authority for
`the production of documents or testi-
`mony concerning information contained
`therein.
`0.465 Request for copies of materials which
`are available, or made available, for pub-
`lic inspection.
`0.466 Definitions.
`0.467 Search and review fees.
`0.468 Interest.
`0.469 Advance payments.
`0.470 Assessment of fees.
`PLACES FOR MAKING SUBMITTALS OR RE-
`QUESTS, FOR FILING APPLICATIONS, AND FOR
`TAKING EXAMINATIONS
`0.471 Miscellaneous submittals or requests.
`0.473 Reports of violations.
`0.475 Applications for employment.
`0.481 Place of filing applications for radio
`authorizations.
`0.482 Application for waiver of private radio
`rules.
`0.483 Applications for amateur or commer-
`cial radio operator licenses.
`0.484 Amateur radio operator examinations.
`0.485 Commercial radio operator examina-
`tions.
`0.489 Applications for ship radio inspection
`and periodical survey.
`0.491 Applications for exemption from com-
`pulsory ship radio requirements.
`
`6
`
`Exhibit 2014 Page 15
`
`

`

`Federal Communications Commission
`0.493 Non-radio common carrier applica-
`tions.
`Subpart D—Mandatory Declassification of
`National Security Information
`0.501 General.
`0.502 Purpose.
`0.503 Submission of requests for mandatory
`declassification review.
`0.504 Processing requests for declassifica-
`tion.
`0.505 Fees and charges.
`0.506 FOIA and Privacy Act requests.
`Subpart E—Privacy Act Regulations
`0.551 Purpose and scope; definitions.
`0.552 Notice identifying Commission sys-
`tems of records.
`0.553 New uses of information.
`0.554 Procedures for requests pertaining to
`individual records in a system of records.
`0.555 Disclosure of record information to in-
`dividuals.
`0.556 Request to correct or amend records.
`0.557 Administrative review of an initial de-
`cision not to amend a record.
`0.558 Advice and assistance.
`0.559 Disclosure of disputed information to
`persons other than the individual to
`whom it pertains.
`0.560 Penalty for false representation of
`identity.
`0.561 Exemptions.
`Subpart F—Meeting Procedures
`0.601 Definitions.
`0.602 Open meetings.
`0.603 Bases for closing a meeting to the pub-
`lic.
`0.605 Procedures for announcing meetings.
`0.606 Procedures for closing a meeting to
`the public.
`0.607 Transcript, recording or minutes;
`availability to the public.
`AUTHORITY: Sec. 5, 48 Stat. 1068, as amend-
`ed; 47 U.S.C. 155, 225, unless otherwise noted.
`
`Subpart A—Organization
`AUTHORITY: Secs. 5, 48 Stat. 1068, as amend-
`ed; 47 U.S.C. 155.
`
`GENERAL
`§ 0.1 The Commission.
`The Federal Communications Com-
`mission is composed of five (5) mem-
`bers who are appointed by the presi-
`dent subject to confirmation by the
`Senate. Normally, one Commissioner is
`
`§ 0.5
`appointed or reappointed each year, for
`a term of five (5) years.
`[53 FR 29054, Aug. 2, 1988]
`§ 0.3 The Chairman.
`(a) One of the members of the Com-
`mission is designated by the President
`to serve as Chairman, or chief execu-
`tive officer, of the Commission. As
`Chairman, he has the following duties
`and responsibilities:
`(1) To preside at all meetings and ses-
`sions of the Commission.
`(2) To represent the Commission in
`all matters relating to legislation and
`legislative reports; however, any other
`Commissioner may present his own or
`minority views or supplemental re-
`ports.
`(3) To represent the Commission in
`all matters requiring conferences or
`communications with other govern-
`mental officers, departments or agen-
`cies.
`(4) To coordinate and organize the
`work of the Commission in such a man-
`ner as to promote prompt and efficient
`disposition of all matters within the
`jurisdiction of the Commission.
`(b) The Commission will, in the case
`of a vacancy in the Office of the Chair-
`man of the Commission, or in the ab-
`sence or inability of the Chairman to
`serve, temporarily designate one of its
`members to act as Chairman until the
`cause or circumstance requiring such
`designation has been eliminated or cor-
`rected.
`[32 FR 10569, July 19, 1967]
`§ 0.5 General description of Commis-
`sion organization and operations.
`(a) Principal staff units. The Commis-
`sion is assisted in the performance of
`its responsibilities by its staff, which is
`divided into the following principal
`units:
`(1) Office of Managing Director.
`(2) Office of Engineering and Tech-
`nology.
`(3) Office of General Counsel.
`(4) Office of Plans and Policy.
`(5) Office of Public Affairs.
`(6) Office of Legislative Affairs.
`(7) Office of Administrative Law
`Judges.
`(8) Office of Inspector General.
`(9) Mass Media Bureau.
`
`7
`
`Exhibit 2014 Page 16
`
`

`

`§ 0.11
`(10) Common Carrier Bureau.
`(11) Wireless Telecommunications
`Bureau.
`(12) International Bureau.
`(13) Cable Services Bureau.
`(14) Compliance and Information Bu-
`reau.
`(b) Staff responsibilities and func-
`tions. The organization and functions
`of these major staff units are described
`in detail in §§0.11 through 0.151. The de-
`fense and emergency preparedness
`functions of the Commission are set
`forth separately, beginning at §0.181.
`For a complete description of staff
`functions, reference should be made to
`those provisions. (See also the U.S.
`Government Organization Manual,
`which contains a chart showing the
`Commission’s organization, the names
`of the members and principal staff offi-
`cers of the Commission, and other in-
`formation concerning the Commis-
`sion.)
`(c) Delegations of authority to the staff.
`Pursuant to section 5(c) of the Commu-
`nications Act, the Commission has del-
`egated authority to its staff to act on
`matters which are minor or routine or
`settled in nature and those in which
`immediate action may be necessary.
`See subpart B of this part. Actions
`taken under delegated authority are
`subject to review by the Commission,
`on its own motion or on an application
`for review filed by a person aggrieved
`by the action. Except for the possibil-
`ity of review, actions taken under dele-
`gated authority have the same force
`and effect as actions taken by the Com-
`mission. The delegation of authority to
`a staff officer, however, does not mean
`that he will exercise that authority in
`all matters subject to the delegation.
`In non-hearing matters, the staff is at
`liberty to refer any matter at any
`stage to the Commission for action,
`upon concluding that it involves mat-
`ters warranting the Commission’s con-
`sideration, and the Commission may
`instruct the staff to do so.
`(d) Commission action. Matters requir-
`ing Commission action, or warranting
`its consideration, are dealt with by the
`Commission at regular monthly meet-
`ings, or at special meetings called to
`consider a particular matter. Meetings
`are normally held at the principal of-
`fices of the Commission in the District
`
`47 CFR Ch. I (10–1–97 Edition)
`of Columbia, but may be held elsewhere
`in the United States. In appropriate
`circumstances, Commission
`action
`may be taken between meetings ‘‘by
`circulation’’, which involves the sub-
`mission of a document to each of the
`Commissioners for his approval.
`(Secs. 4(i), 303(r) and 5(c)(i), Communications
`Act of 1934, as amended; 47 CFR 0.61 and
`0.283)
`[32 FR 10569, July 19, 1967, as amended at 62
`FR 4170, Jan. 29, 1997]
`EDITORIAL NOTE: For FEDERAL REGISTER
`citations affecting §0.5, see the List of CFR
`Sections Affected in the Finding Aids sec-
`tion of this volume.
`OFFICE OF MANAGING DIRECTOR
`§ 0.11 Functions of the Office.
`(a) The Managing Director is ap-
`pointed by the Chairman with the ap-
`proval of the Commission. Under the
`supervision and direction of the Chair-
`man, the Managing Director shall serve
`as the Commission’s chief operating
`and executive official with the follow-
`ing duties and responsibilities:
`(1) Provide managerial leadership to
`and exercise supervision and direction
`over the Commission’s Bureaus and Of-
`fices with respect to management and
`administrative matters but not sub-
`stantive regulatory matters such as
`regulatory policy and rule making, au-
`thorization of service, administration
`of sanctions, and adjudication.
`(2) Formulate and administer all
`management and administrative poli-
`cies, programs, and directives for the
`Commission consistent with authority
`delegated by the Commission and the
`Chairman and recommend to the Chair-
`man and
`the Commission major
`changes in such policies and programs.
`(3) Assist the Chairman in carrying
`out the administrative and executive
`responsibilities delegated to the Chair-
`man as the administrative head of the
`agency.
`(4) Advise the Chairman and Commis-
`sion on management, administrative,
`and related matters; review and evalu-
`ate the programs and procedures of the
`Commission; initiate action or make
`recommendations as may be necessary
`to administer the Communications Act
`most effectively in the public interest.
`
`8
`
`Exhibit 2014 Page 17
`
`

`

`Federal Communications Commission
`Assess the management, administra-
`tive, and resource implications of any
`proposed action or decision to be taken
`by the Commission or by a Bureau or
`Office under delegated authority; rec-
`ommend to the Chairman and Commis-
`sion program priorities, resource and
`position allocations, management, and
`administrative policies.
`(5) Plan and administer the Commis-
`sion’s Management by Objectives sys-
`tem. Assure that objectives, priorities,
`and action plans established by Bu-
`reaus and Offices are consistent with
`overall Commission objectives and pri-
`orities.
`(6) Plan and administer the Commis-
`sion’s Program Evaluation System. En-
`sure that evaluation results are uti-
`lized in Commission decision-making
`and priority-setting activities.
`(7) Direct agency efforts to improve
`management effectiveness, operational
`efficiency, employee productivity, and
`service to the public. Administer Com-
`mission-wide management programs.
`(8) Plan and manage the administra-
`tive affairs of the Commission with re-
`spect to the functions of personnel and
`position management; labor-manage-
`ment relations; budget and financial
`management;
`information manage-
`ment and processing; organization
`planning; management analysis; pro-
`curement; office space management
`and utilization; administrative and of-
`fice services; supply and property man-
`agement; records management; person-
`nel and physical security; and inter-
`national telecommunications settle-
`ments.
`(9) [Reserved]
`(10) With the concurrence of the Gen-
`eral Counsel, interpret rules and regu-
`lations pertaining to fees.
`(b) The Secretary is the official cus-
`todian of the Commission’s documents.
`(Secs. 4, 303, 307, 48 Stat., as amended, 1066,
`1082, 1083; 47 U.S.C. 154, 303, 307)
`[46 FR 59975, Dec. 8, 1981, as amended at 47
`FR 41380, Sept. 20, 1982; 49 FR 45583, Nov. 19,
`1984; 50 FR 27953, July 9, 1985; 53 FR 29054,
`Aug. 2, 1988; 53 FR 47536, Nov. 23, 1988; 54 FR
`152, Jan. 4, 1989; 59 FR 26971, May 25, 1994; 60
`FR 5323, Jan. 27, 1995; 62 FR 15853, Apr. 3,
`1997; 62 FR 51052, Sept. 30, 1997]
`
`§ 0.13
`OFFICE OF INSPECTOR GENERAL
`§ 0.13 Functions of the Office.
`The Office of Inspector General is di-
`rectly responsible to the Chairman as
`head of the agency. However, the
`Chairman may not prevent or prohibit
`the Office of Inspector General from
`carrying out its duties and responsibil-
`ities as mandated by the Inspector
`General Act Amendments of 1988 (Pub.
`L. 100–504) and the Inspector General
`Act of 1978 (5 U.S.C. Appendix 3), as
`amended. The Office has the following
`duties and responsibilities.
`(a) Provide policy direction for and
`to conduct, supervise and coordinate
`audits and investigations relating to
`the programs and operations of the
`Federal Communications Commission.
`(b) Review existing and proposed leg-
`islation and regulations relating to
`programs and operations of the Com-
`mission and to make recommendations
`in its required semiannual reports to
`Congress concerning the impact of such
`legislation or regulations on the econ-
`omy and efficiency in the administra-
`tion of these programs and operations,
`or the prevention and detection of
`fraud and abuse in such programs and
`operations.
`(c) Recommend policies and conduct
`or coordinate other activities to pro-
`mote economy and efficiency in the ad-
`ministration of Commission programs,
`or detect and prevent fraud and abuse
`in Commission activities. Coordinate
`with other governmental agencies and
`non-governmental entities on these
`matters.
`(d) Keep the Chairman of the Com-
`mission—and through him the other
`Commissioners—and the Congress fully
`and currently
`informed concerning
`fraud and other serious problems,
`abuses, and deficiencies relating to the
`administration of Commission pro-
`grams and operations; recommend cor-
`rective action and report on the
`progress made in implementing such
`corrective action. In addition to pro-
`viding the Chairman with the results of
`completed audits and inspections, the
`Inspector General shall prepare statu-
`torily required reports, identified as
`such, to include:
`
`9
`
`Exhibit 2014 Page 18
`
`

`

`§ 0.15
`(1) Semiannual reports summarizing
`activities of the office during the pre-
`ceding six month period (due to the
`Chairman by April 30 and October 31);
`(2) Special reports specifically identi-
`fying any serious or flagrant problems,
`abuses or deficiencies (due to the
`Chairman immediately upon discovery
`of these matters by the Inspector Gen-
`eral).
`[54 FR 15194, Apr. 17, 1989]
`OFFICE OF PUBLIC AFFAIRS
`§ 0.15 Functions of the Office.
`The Office of Public Affairs is di-
`rectly responsible to the Commission.
`The Office has the following duties and
`responsibilities:
`(a) Develop, recommend, coordinate
`and administer Commission objectives,
`plans and programs to enhance public
`understanding of and compliance with
`the Commission’s regulatory require-
`ments. Evaluate public information
`dissemination practices and develop
`methods of improving these practi

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