47 C.F.R. § 0.311

Authority delegated

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The Chief, Enforcement Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.111, provided that:

(a) The following matters shall be referred to the Commission en banc for disposition:

(1) Notices of proposed rulemaking and of inquiry and final orders in such proceedings.

(2) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Enforcement Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter, or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter.

(3) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines.

(4) Forfeiture notices and forfeiture orders if the amount is more than $100,000 in the case of common carriers or more than $25,000 in the case of all other persons or entities.

(5) Orders concluding an investigation under section 208(b) of the Communications Act and orders addressing petitions for reconsideration of such orders.

(6) Release of information pursuant to section 220(f) of the Communications Act, except for release of such information to a state public utility commission or in response to a Freedom of Information Act Request.

(b) Action on complaints regarding compliance with section 705(a) of the Communications Act shall be coordinated with the Office of General Counsel.

(c) Notwithstanding any other provision of this section, the Chief of the Enforcement Bureau is delegated authority to adopt changes to rules the Enforcement Bureau administers where the rule changes are exempt from prior notice and comment under the Administrative Procedure Act, 5 U.S.C. 553(b), and where the action on delegated authority is not new or novel.

[64 FR 60721, Nov. 8, 1999, as amended at 67 FR 13221, Mar. 21, 2002; 71 FR 69036, Nov. 29, 2006; 86 FR 12547, Mar. 4, 2021; 90 FR 36384, Aug. 4, 2025]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2024 · leading case: Michael Terpin v. at & T Mobility LLC, 118 F.4th 1102 (9th Cir. 2024).
Michael Terpin v. at & T Mobility LLC, 118 F.4th 1102 (9th Cir. 2024). “AT&T MOBILITY LLC the FCC rulemaking and enforcement authority, see 47 C.F.R. § 0.311 , and the FCC has adopted rules implementing Section 222, 47 C.”
NTCH, Inc. v. Fed. Commc'ns Comm'n, 877 F.3d 408 (D.C. Cir. 2017). “Compare 47 C.F.R. § 0.311 (2016) (stating that “[t]he Chief, Enforcement Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.”
Lowell Feldman Liquidating Tr. of UPH Liquidating Trust v. T-Mobile USA, Inc. (In re UPH Holdings, Inc.), 516 B.R. 873 (Bankr. W.D. Tex. 2014). · cites it 2× “It also has an adjudicatory role that is exercised in the first instance by its Enforcement Bureau, which is responsible for investigating potential illegal activity and enforcing rules and orders.”
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