FCC 47 CFR PART 19-2010 EMPLOYEE RESPONSIBILITIES AND CONDUCT《员工职责和行为》.pdf

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1、885 Federal Communications Commission Pt. 19 Frequency of emis-sion (MHz) Conducted limit (dBV) Quasi-peak Average 0.050.15 . 9080 * . 0.150.5 . 66 to 56 * 56 to 46 * 0.55 56 . 46 530 . 60 . 50 * Decreases with the logarithm of the frequency. (b) All other part 18 consumer de-vices: Frequency of emi

2、s-sion (MHz) Conducted limit (dBV) Quasi-peak Average 0.150.5 . 66 to 56 * 56 to 46 * 0.55 56 . 46 530 . 60 . 50 * Decreases with the logarithm of the frequency. (c) RF lighting devices: Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV) Non-consumer equipment: 0.45 to 1.

3、6 1,000 1.6 to 30 . 3,000 Consumer equipment: 0.45 to 2.51 250 2.51 to 3.0 3,000 3.0 to 30 . 250 (d) If testing with a quasi-peak detec-tor demonstrates that the equipment complies with the average limits speci-fied in the appropriate table in this section, additional testing to dem-onstrate complia

4、nce using an average detector is not required. (e) These conduction limits shall apply only outside of the frequency bands specified in 18.301. (f) For ultrasonic equipment, compli-ance with the conducted limits shall preclude the need to show compliance with the field strength limits below 30 MHz u

5、nless requested by the Commis-sion. (g) The tighter limits shall apply at the boundary between two frequency ranges. 50 FR 36067, Sept. 5, 1985, as amended at 52 FR 43198, Nov. 10, 1987; 64 FR 37419, July 12, 1999; 67 FR 45671, July 10, 2002 18.309 Frequency range of measure-ments. (a) For field str

6、ength measurements: Frequency band in which device operates (MHz) Range of frequency measurements Lowest frequency Highest frequency Below 1.705 Lowest frequency generated in the device, but not lower than 9 kHz.30 MHz. 1.705 to 30 . Lowest frequency generated in the device, but not lower than 9 kHz

7、.400 MHz. 30 to 500 Lowest frequency generated in the device or 25 MHz, whichever is lower.Tenth harmonic or 1,000 MHz, whichever is higher. 500 to 1,000 . Lowest frequency generated in the device or 100 MHz, which-ever is lower.Tenth harmonic. Above 1,000 . do Tenth harmonic or high-est detectable

8、emis-sion. (b) For conducted powerline measure-ments, the frequency range over which the limits are specified will be scanned. 50 FR 36070, Sept. 5, 1985, as amended at 51 FR 17971, May 16 1986 18.311 Methods of measurements. The measurement techniques which will be used by the FCC to determine comp

9、liance with the technical require-ments of this part are set out in FCC Measurement Procedure MP5, Meth-ods of Measurements of Radio Noise Emissions from ISM equipment. Al-though the procedures in MP5 are not mandated, manufacturers are encour-aged to follow the same techniques which will be used by

10、 the FCC. PART 19EMPLOYEE RESPONSIBILITIES AND CONDUCT Subpart AGeneral Provisions Sec. 19.735101 Purpose. 19.735102 Cross-reference to ethics and other conduct related regulations. 19.735103 Definitions. 19.735104 Delegations. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00895 Fmt 801

11、0 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-886 47 CFR Ch. I (10110 Edition) 19.735101 19.735105 Availability of ethics and other conduct related regulations and statutes. 19.73

12、5106 Interpretation and advisory serv-ice. 19.735107 Disciplinary and other remedial action. Subpart BEmployee Responsibilities and Conduct 19.735201 Outside employment and other activity prohibited by the Communica-tions Act. 19.735202 Financial interests prohibited by the Communications Act. 19.73

13、5203 Nonpublic information. AUTHORITY: 5 U.S.C. 7301; 47 U.S.C. 154 (b), (i), (j), and 303(r). SOURCE: 61 FR 56112, Oct. 31, 1996, unless otherwise noted. Subpart AGeneral Provisions 19.735101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriate to

14、 the particular functions and activities of the Commis-sion, and are issued by the Commission under authority independent of the uniform Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 or otherwise in ac-cordance with 5 CFR 2635.105(c). 19.735102 Cross-reference

15、 to ethics and other conduct related regula-tions. In addition to the rules in this part, employees of the Federal Communica-tions Commission (Commission) are subject to the Standards of Ethical Conduct for Employees of the Execu-tive Branch at 5 CFR part 2635 and the Commissions regulations at 5 CF

16、R part 3901 which supplement the execu-tive branch-wide standards, the execu-tive branch financial disclosure regula-tions at 5 CFR part 2634 and the Com-missions regulations at 5 CFR part 3902 which supplement the executive branch-wide financial disclosure regu-lations, and the employee responsibil

17、-ities and conduct regulations at 5 CFR part 735. 19.735103 Definitions. Commission means the Federal Com-munications Commission. Communications Act means the Com-munications Act of 1934, as amended, 47 U.S.C. 151 et seq. Employee means an officer or em-ployee of the Commission including special Gov

18、ernment employees within the meaning of 18 U.S.C. 202(a) and the Commissioners. Person means an individual, a cor-poration, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organiza-tion or institution. 19.735104 Delegations. (a) The Commission has del

19、egated to the Chairman responsibility for the de-tection and prevention of acts, short of criminal violations, which could bring discredit upon the Commission and the Federal service. (b) Approvals under 18 U.S.C. 205(e). (1) Commissioners may approve the rep-resentational activities permitted by 18

20、 U.S.C. 205(e) by other employees in their immediate offices. The Des-ignated Agency Ethics Official has del-egated authority to grant such approv-als for all other employees except Com-missioners. (2)(i) Requests for approval of the ac-tivities permitted by 18 U.S.C. 205(e) shall be in writing and

21、submitted as follows: (A) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; (B) In the case of Heads of Offices and Bureaus, to the Chairman; and (C) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the em-p

22、loyee is assigned. (ii) An official (other than the Chair-man or another Commissioner) to whom a request for approval under 18 U.S.C. 205(e) is submitted shall forward it to the Designated Agency Ethics Of-ficial with the officials recommenda-tion as to whether the request should be granted. (3) Cop

23、ies of all requests for approval under 18 U.S.C. 205(e) and the action taken thereon shall be maintained by the Designated Agency Ethics Official. (c) Waivers under 18 U.S.C. 208. (1) Commissioners may waive the applica-bility of 18 U.S.C. 208(a), in accordance with 18 U.S.C. 208(b)(1) or 208(b)(3)

24、and VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00896 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-887 Federal Communications Commission 19.735107 section 3

25、01(d) of Executive Order 12731, for other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to make such waiver determinations for all other employees except Commis-sioners. (2)(i) Requests for waiver of the ap-plicability of 18 U.S.C. 208(a) shall b

26、e in writing and submitted as follows: (A) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; (B) In the case of Heads of Offices and Bureaus, to the Chairman; and (C) In the case of all other employees except Commissioners, to the Head of the Office or Bureau

27、to which the em-ployee is assigned. (ii) An official (other than the Chair-man or another Commissioner) to whom a waiver request is submitted shall forward it to the Designated Agency Ethics Official with the offi-cials recommendation as to whether the waiver should be granted. (3) Copies of all req

28、uests for waivers and the action taken thereon shall be maintained by the Designated Agency Ethics Official. 19.735105 Availability of ethics and other conduct related regulations and statutes. (a)(1) The Commission shall furnish each new employee, at the time of his or her entrance on duty, with a

29、copy of: (i) The Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR part 2635); (ii) The Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission (5 CFR part 3901); and (iii) The Commissions Employee Re-sponsibilities and Conduct regulat

30、ions in this part. (2) The Head of each Office and Bu-reau has the responsibility to secure from every person subject to his or her administrative supervision a statement indicating that the individual has read and is familiar with the contents of the regulations in this part, and the regu-lations a

31、t 5 CFR parts 2635 and 3901, and to advise the Designated Agency Ethics Official that all such persons have provided such statements. Each new employee shall execute a similar statement at the time of entrance on duty. Periodically, and at least once a year, the Designated Agency Ethics Of-ficial sh

32、all take appropriate action to ensure that the Head of each Office and Bureau shall remind employees subject to his or her administrative super-vision of the content of the regulations in 5 CFR parts 2635 and 3901 and this part. (b) Copies of pertinent provisions of the Communications Act of 1934; t

33、itle 18 of the United States Code; the Standards of Ethical Conduct for Em-ployees of the Executive Branch (5 CFR part 2635); the Commissions Supple-mental Standards of Ethical Conduct (5 CFR part 3901); and the Commissions employee responsibilities and conduct regulations in this part shall be avai

34、l-able in the office of the Designated Agency Ethics Official for review by employees. 19.735106 Interpretation and advi-sory service. (a) Requests for interpretative rul-ings concerning the applicability of 5 CFR parts 2635 and 3901, and this part, may be submitted through the employ-ees supervisor

35、 to the General Counsel, who is the Commissions Designated Agency Ethics Official pursuant to the delegation of authority at 47 CFR 0.251(a). (b) At the time of an employees en-trance on duty and at least once each calendar year thereafter, the Commis-sions employees shall be notified of the availab

36、ility of counseling services on questions of conflict of interest and other matters covered by this part, and of how and where these services are available. 19.735107 Disciplinary and other re-medial action. (a) A violation of the regulations in this part by an employee may be cause for appropriate

37、disciplinary action which may be in addition to any pen-alty prescribed by law. (b) The Chairman will designate an officer or employee of the Commission who will promptly investigate all inci-dents or situations in which it appears that employees may have engaged in improper conduct. Such investigat

38、ion will be initiated in all cases where VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00897 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-888 47 CFR Ch. I (10

39、110 Edition) 19.735201 complaints are brought to the atten-tion of the Chairman, including: Ad-verse comment appearing in publica-tions; complaints from members of Congress, private citizens, organiza-tions, other Government employees or agencies; and formal complaints re-ferred to the Chairman by t

40、he Des-ignated Agency Ethics Official. (c) The Inspector General will be promptly notified of all complaints or allegations of employee misconduct. The Inspector General will also be noti-fied of the planned initiation of an in-vestigation under this part. Such noti-fication shall occur prior to the

41、 initi-ation of the investigation required by paragraph (a) of this section. The In-spector General may choose to conduct the investigation in accordance with the rules in this part. Should the In-spector General choose to conduct the investigation, he will promptly notify the Chairman. In such case

42、, the Inspec-tor General will serve as the designated officer and be solely responsible for the investigation. In carrying out this function, the Inspector General may obtain investigative services from other Commission offices, other gov-ernmental agencies or non govern-mental sources and use any o

43、ther means available to him in accordance with Public Law 100504 or the Inspec-tor General Act of 1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided with the results of all investigations in which he chooses not to participate. (d) The employee concerned shall be provided an

44、 opportunity to explain the alleged misconduct. When, after con-sideration of the employees expla-nation, the Chairman decides that re-medial action is required, he shall take remedial action. Remedial action may include, but is not limited to: (1) Changes in assigned duties; (2) Divestiture by the

45、employee of his conflicting interest; (3) Action under the Commissions Ethics Program resulting in one of the following actions: (i) When investigation reveals that the charges are groundless, the person designated by the Chairman to assist in administration of the program may give a letter of clear

46、ance to the em-ployee concerned, and the case will not be recorded in his Official Personnel Folder; (ii) If, after investigation, the case investigator deems the act to be mere-ly a minor indiscretion, he may resolve the situation by discussing it with the employee. The case will not be re-corded i

47、n the employees Official Per-sonnel Folder; (iii) If the case administrator con-siders the problem to be of sufficient importance, he may call it to the at-tention of the Chairman, who in turn may notify the employee of the seri-ousness of his act and warn him of the consequences of a repetition. Th

48、e case will not be recorded in the employees Official Personnel Folder, unless the employee requests it; (iv) The Chairman may, when in his opinion circumstances warrant, estab-lish a special review board to inves-tigate the facts in a case and to make a full report thereon, including rec-ommended a

49、ction; or (v)(A) If the Chairman decides that formal disciplinary action should be taken, he may prepare for Commission consideration a statement of facts and recommend one of the following: (1) Written reprimand. A formal letter containing a complete statement of the offense and official censure; (2) Suspension. A temporary non pay status and suspension from duty; or (3) Removal for cause. Separation for cause i