Possible Revision or Elimination of Rules, 79667-79683 [E8-31007]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79667-79683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31007]



[[Page 79667]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[DA 08-157]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations; comments requested.

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SUMMARY: This document invites members of the public to comment on the 
Federal Communication Commission's (FCC's or Commission's) rules to be 
reviewed pursuant to section 610 of the Regulatory Flexibility Act of 
1980, as amended (RFA). The purpose of the review is to determine 
whether Commission rules whose ten-year anniversary dates are in the 
year 2007, as contained in the Appendix, should be continued without 
change, amended, or rescinded in order to minimize any significant 
impact the rules may have on a substantial number of small entities. 
Upon receipt of comments from the public, the Commission will evaluate 
those comments and consider whether action should be taken to rescind 
or amend the relevant rule(s).

DATES: Comments may be filed on or before March 2, 2009.

FOR FURTHER INFORMATION CONTACT: Office of Communications Business 
Opportunities (OCBO), Federal Communications Commission, (202) 418-
0990. People with disabilities may contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list 
of ten-year-old rules for review and comment by interested parties 
pursuant to the requirements of section 610 of the RFA.

Public Notice

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules 
Under the Regulatory Flexibility Act, 5 U.S.C. 610 CB Docket No. 08-21

    Released: December 18, 2008.
    1. Pursuant to the RFA, see 5 U.S.C. section 610, the FCC hereby 
publishes a plan for the review of rules adopted by the agency in 
calendar year 1997 which have, or might have, a significant economic 
impact on a substantial number of small entities. The purpose of the 
review is to determine whether such rules should be continued without 
change, or should be amended or rescinded, consistent with the stated 
objectives of section 610 of the RFA, to minimize any significant 
economic impact of such rules upon a substantial number of small 
entities.
    2. This document lists the FCC regulations to be reviewed during 
the next twelve months. In succeeding years, as here, the Commission 
will publish a list for the review of regulations promulgated ten years 
preceding the year of review.
    3. In reviewing each rule under this plan to minimize the possible 
significant economic impact on a substantial number of small entities, 
consistent with the requirements of section 610, the FCC will consider 
the following factors:
    (a) The continued need for the rule;
    (b) The nature of complaints or comments received concerning the 
rule from the public;
    (c) The complexity of the rule;
    (d) The extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules and, to the extent feasible, with State and 
local governmental rules; and
    (e) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    4. Appropriate information has been provided for each rule, 
including a brief description of the rule and the need for and legal 
basis of the rule. The public is invited to comment on the rules chosen 
for review by the FCC according to the requirements of section 610 of 
the RFA. All relevant and timely comments will be considered by the FCC 
before final action is taken in this proceeding.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (``ECFS'') or by filing paper copies. Comments filed 
through the ECFS may be sent as an electronic file via the Internet to 
https://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic 
submission must be filed. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number.
    Parties may also submit an electronic comment by Internet e-mail. 
To obtain filing instructions for e-mail comments, commenters should 
send an e-mail to ecfs@fcc.gov, and should include the following words 
in the body of the message, ``get form.'' A sample form and directions 
will be sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Natek, Inc., will 
receive hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002.
    The filing hours at this location are 8 a.m. to 7 p.m.
     All hand deliveries must be held together with rubber 
bands or fasteners.
     Any envelopes must be disposed of before entering the 
building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
DC 20554.
     All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    Comments in this proceeding will be available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, 
SW., Room CY-B402, Washington, DC, 20554, telephone 202-488-5300 or 
800-378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcniweb.com. 
To request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an email 
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    For additional information on the requirements of the RFA visit 
https://www.fcc.gov/ocbo.


[[Page 79668]]


Federal Communications Commission.
Carolyn Fleming Williams,
Director, Office of Communications Business Opportunities.

Appendix

    List of rules for review pursuant to the Regulatory Flexibility Act 
of 1980, 5 U.S.C. 610, for the year 1997. All listed rules are in Title 
47 of the Code of Federal Regulations.

PART 1--PRACTICE AND PROCEDURE

Subpart A--General Rules of Practice and Procedure

    Brief Description: Section 1.80 of the Commission's rules sets 
forth who may be subject to a forfeiture penalty for violation of the 
provisions of the Communications Act of 1934, as amended, or of any 
rule, regulation or order issued by the Commission, the limits on the 
amount of the forfeitures that may be assessed, guidelines for 
determining the amount of such forfeitures, and the procedures for 
imposing such forfeitures.
    Need: The note to section 1.80(b)(4) incorporates the Commission's 
policy statement regarding forfeitures and a suggested schedule of base 
forfeiture amounts. This rule section provides a measure of 
predictability and uniformity to the process of assessing forfeitures, 
while still preserving the Commission's discretion to depart from the 
guidelines where warranted by the facts of a particular case. Section 
1.80(b)(5) implements inflation adjustments, pursuant to the Debt 
Collection Improvement Act of 1996 (``DCIA''), Public Law 104-134 (110 
Stat. 1321-358), which amends the Federal Civil Monetary Penalty 
Inflation Adjustment Act of 1990, Public Law 101-410 (104 Stat. 890; 28 
U.S.C. 2461 note), to monetary forfeiture penalties that may be 
assessed by the Commission. The DCIA requires that the statutory 
maximum forfeiture penalties assessed by the Commission be adjusted for 
inflation at least once every four years using the method specified in 
the statute.
    Legal Basis: 47 U.S.C. 154(i), 303(r); Debt Collection Improvement 
Act of 1996, Pub. Law 104-134, 110 Stat. 1321-358.
    Section Number and Title:
    1.80(b)(4) Note to Paragraph (b)(4) Forfeiture proceedings, Factors 
considered in determining the amount of the forfeiture penalty.
    1.80(b)(5) Forfeiture proceedings, Inflation adjustments to the 
maximum forfeiture amount.

Subpart E--Complaints, Applications, Tariffs, and Reports Involving 
Common Carriers

    Brief Description: The rules in part 1, subpart E, prescribe the 
procedures, format, and content of complaints, applications, tariffs, 
and reports involving common carriers. Section 1.773 sets forth the 
procedures for filing petitions and replies to petitions seeking 
investigation, suspension, or rejection of new tariff filings.
    Need: Section 1.773 revised the filing periods within which to file 
petitions to investigate, suspend or reject LEC tariff transmittals 
filed on 7-days' notice. Section 1.773 provides the public with 
deadlines by which to participate in the tariff process, specifically, 
the means by which to challenge LEC's new tariff filings.
    Legal Basis: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.
    Section Number and Title:
    1.773(a)(2)(i) Petition--When filed.
    1.773(b)(1)(i) Reply--When filed.
    Brief Description: These rules specify how to file petitions 
seeking investigation, suspension, or rejection of a new or revised 
tariff filing.
    Need: These rules advise petitioners how to file a petition seeking 
investigation, suspension, or rejection of a tariff, explain how to 
calculate filing dates, and provide the number of copies needed and 
where the copies must be served.
    Legal Basis: 47 U.S.C. 203.
    Section Number and Title:
    1.773 Petitions for suspension or rejection of new tariff filings.

Subpart G--Schedule of Statutory Charges and Procedures for Payment

    Brief Description: These rules provide the schedule of charges for 
applications for media services.
    Need: These rules identify the application fees charged by the 
Commission for applications and other filings for media services.
    Legal Basis: 47 U.S.C. 158(b).
    Section Number and Title:
    1.1104 Schedule of charges for applications and other filings for 
media services.
    Brief Description: These rules provide the schedule of annual 
regulatory fees and filings for various services.
    Need: These rules identify the annual regulatory fees and filing 
locations for various services.
    Legal Basis: 47 U.S.C. 159.
    Section Number and Title:
    1.1152 Schedule of annual regulatory fees and filing locations for 
wireless radio services.
    1.1153 Schedule of annual regulatory fees and filing locations for 
mass media services.
    1.1154 Schedule of annual regulatory charges and filing locations 
for common carrier services.
    1.1155 Schedule of annual regulatory fees and filing locations for 
cable television services.
    1.1156 Schedule of annual regulatory fees and filing locations for 
international services.
    1.1157 Payment of charges for regulatory fees.
    1.1159 Filing locations and receipts for regulatory fees.
    1.1162 General exemptions from regulatory fees.

Subpart I--Procedures Implementing the National Environmental 
Policy Act of 1969

    Brief Description: These rules apply to all Commission actions that 
may impact the quality of the human environment.
    Need: These rules implement subchapter I of the National 
Environmental Policy Act of 1969.
    Legal Basis: 42 U.S.C. 4321-4335.
    Section Number and Title:
    1.1307 Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared;
    1.1319 Consideration of the environmental impact statements.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart I--Marketing of Radiofrequency Devices

    Brief Description: The rules in part 2, subpart I, define 
radiofrequency devices and specify the requirements for marketing of 
such devices. Section 2.807 restates certain exemptions specified in 
section 302(c) of the Communications Act of 1934, as amended. Sections 
2.811, 2.813 and 2.815 specify special requirements for specific 
devices.
    Need: These rules provide exemption for certain transmitters and 
amplifiers as required by the Act or are under close control of the 
licensed user.
    Legal Basis: 47 U.S.C. 154, 302a, 302c, 303, and 336.
    Section Number and Title:
    2.807 Statutory exceptions.
    2.811 Transmitters operated under part 73 of this chapter.
    2.813 Transmitters operated in the Instructional Television Fixed 
Service.
    2.815 External radio frequency power amplifiers.

[[Page 79669]]

Subpart J--Equipment Authorization Procedures

    Brief Description: These rules specify conditions associated with 
grant of equipment authorization under the Commission's rules.
    Need: The rules provide procedures and conditions under which 
grants can be dismissed, limited and revoked. The rules also specify 
measurement procedures to be applied generally for radiofrequency 
devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:
    2.917 Dismissal of application.
    2.927 Limitations on grants.
    2.937 Equipment defect and/or design change.
    2.939 Revocation or withdrawal of equipment authorization.
    2.941 Availability of information relating to grants.
    2.945 Sampling tests of equipment compliance.
    2.947 Measure procedure.
    2.952 Limitation on verification.
    2.953 Responsibility for compliance.
    2.954 Identification.
    2.955 Retention of records.
    2.956 FCC inspection and submission of equipment for testing.

PART 15--RADIO FREQUENCY DEVICES

Subpart C--Intentional Radiators

    Brief Description: The rule specifies radiated emission limits for 
intentional radiators for which no other requirements are identified in 
this part.
    Need: The limits specified in this section cover emission from 
intentional radiators which are not explicitly identified in other rule 
parts and form the technical basis for other technical requirements.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:
    15.209 Radiated emission limits; general requirements.

PART 22--PUBLIC MOBILE SERVICES

Subpart B--Licensing Requirements and Procedures

    Brief Description: The part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and Rural, 
Air-Ground, Cellular and Offshore Radiotelephone Services. Subpart B 
sets forth the rules governing the use of competitive bidding to 
resolve mutually exclusive applications for initial licenses.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j). The provisions in 
47 CFR 22.217, 22.223, and 22.225 are necessary to administer the 
Commission's designated entity program under which small businesses 
meeting certain eligibility criteria may receive bidding credits on 
their winning bids.
    Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332.
    Section Number and Title:
    22.131(d)(2)(v) Procedures for mutually exclusive applications.
    22.201 Paging geographic area authorizations are subject to 
competitive bidding.
    22.217 Bidding credit for small businesses.
    22.221 Eligibility for partitioned licenses.
    22.223 Designated entities.
    22.225 Certifications, disclosures, records maintenance, and 
definitions.
    22.227 Petitions to deny and limitations on settlements.

Subpart C--Operational and Technical Requirements

    Brief Description: The part 22 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for Public Mobile Services. Subpart C sets forth the technical and 
operational requirements for use of the spectrum and equipment in the 
Public Mobile Services.
    Need: The rule informs licensees that, while most Public Mobile 
Service licensees must ensure that station transmissions are properly 
identified, station identification is not required for paging 
geographic area licensees.
    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.
    Section Number and Title:
    22.313(a)(6) Station identification.

Subpart E--Paging and Radiotelephone Service

    Brief Description: The part 22 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for Public Mobile Services. Subpart E sets forth the technical and 
operational parameters for paging, one-way or two-way, point-to-point, 
point-to-multi-point, and 470-512 MHz trunked mobile operations within 
the Public Mobile Services.
    Need: These rules establish the channels available for paging use, 
as well as the parameters under which the Commission considers and 
issues paging geographic area authorizations.
    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.
    Section Number and Title:
    22.503 Paging geographic area authorizations.
    22.531(f) Channels for paging operation.

Subpart F--Rural Radiotelephone Service

    Brief Description: The part 22 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for Public Mobile Services. Subpart F sets forth the technical and 
operational parameters for conventional rural radiotelephone stations 
and basic exchange telephone radio systems within the Public Mobile 
Services.
    Need: These rules inform the public that eligible persons may apply 
for paging geographic area authorizations in the Rural Radiotelephone 
Service, and that authorizations for new facilities in the Rural 
Radiotelephone Service will be granted only on a secondary basis to 
existing or future co-channel paging geographic area authorization in 
the Paging and Radiotelephone Service or the Rural Radiotelephone 
Service.
    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.
    Section Number and Title:
    22.721 Geographic area authorizations.
    22.723 Secondary site-by-site authorizations.

PART 23--INTERNATIONAL FIXED RADIOCOMMUNICATION SERVICES

    Brief Description: Outlines procedures for applicants for new 
stations to be located on the islands of Puerto Rico, Desecheo, Mona, 
Vieques, and Culebra, or for a modification of an existing 
authorization that would change the frequency, power, antenna height, 
directivity, or location of a station on these islands and would 
increase the likelihood of the authorized facility causing 
interference, to notify the Arecibo Observatory in Puerto Rico.
    Need: To prevent interference from International Fixed 
Radiocommunication Services operations to Arecibo Observatory in Puerto 
Rico.
    Legal Basis: 47 U.S.C. 154, 303. Interprets or applies 47 U.S.C. 
301.
    Section Number and Title:
    23.20(f) Assignment of frequencies.

PART 24--PERSONAL COMMUNICATIONS SERVICES

Subpart H--Competitive Bidding Procedures for Broadband PCS

    Brief Description: The part 24 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for personal communications services (PCS). Subpart

[[Page 79670]]

H sets forth the rules governing the use of competitive bidding to 
resolve mutually exclusive applications for initial broadband PCS 
licenses.
    Need: These rules establish eligibility rules for broadband PCS 
licensees disaggregating or returning certain spectrum in the C block.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
    Section Number and Title:
    24.709(a)(5)(i) and (iv) Eligibility for licenses for frequency 
Blocks C or F.

PART 25--SATELLITE COMMUNICATIONS

Subpart B--Applications and Licenses

    Brief Description: Establishes that launch authorization and 
station license (i.e., operating authority) must be applied for and 
granted before a space station may be launched and operated in orbit. 
Establishes procedure for consideration of applications to launch and 
operate on-ground spare satellites.
    Need: Explains to applicants the authorizations required to launch 
and operate space stations, and the process for obtaining launch and 
operation authority for on-ground spare satellites.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.113(g) Station licenses and launch authority.
    Brief Description: Establishes procedures to permit earth and space 
station licensees to make certain modifications to their licenses 
without obtaining prior approval. Establishes process for providing 
Commission with notification of such modifications.
    Need: Provides earth and space station licensees with flexibility 
to effectuate certain modifications without obtaining prior approval.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.118 Modifications not requiring prior authorization.
    Brief Description: Establishes application procedures for licensing 
of very small aperture terminal earth station networks.
    Need: Instructs licensees on the process for obtaining 
authorizations for very small aperture terminal earth station networks.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.134(d) Licensing provisions of Very Small Aperture Terminal 
(VSAT) and C-band Small Aperture Terminal (CSAT) networks.
    Brief Description: Establishes application requirements for earth 
stations operating with non-U.S. licensed space stations.
    Need: Instructs licensees on the process for obtaining 
authorization to operate earth stations with non-U.S. licensed space 
stations.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.137 Application requirements for earth stations operating with 
non-U.S. licensed space stations.
    Brief Description: Establishes application, technical, 
construction, operating, and reporting requirements for the satellite 
digital audio radio service.
    Need: Instructs licensees on the process for obtaining 
authorization and the operating requirements for the satellite digital 
audio radio service.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.144 Licensing provisions for the 2.3 GHz satellite digital audio 
radio service.
    Brief Description: Establishes application, technical, 
construction, operating, and reporting requirements for satellites in 
the Fixed-Satellite Service in the 20/30 GHz bands.
    Need: Instructs licensees on the process for obtaining 
authorization and operating requirements for satellites in the Fixed-
Satellite Service in the 20/30 GHz bands.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.145 Licensing conditions for the Fixed-Satellite Service in the 
20/30 GHz bands.

Subpart C--Technical Standards

    Brief Description: Establishes spectrum frequencies available for 
exclusive use by the satellite digital audio radio service.
    Need: Instructs licensees on the availability of spectrum 
frequencies for exclusive use by the satellite digital audio radio 
service.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.202(a)(6) Frequencies, frequency tolerance and emission 
limitations.
    Brief Description: Outlines procedures for applicants for new 
permanent transmitting fixed earth stations to be located on the 
islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a 
modification of an existing authorization that would change the 
frequency, power, antenna height, directivity, or location of a station 
on these islands and would increase the likelihood of the authorized 
facility causing interference, to notify the Arecibo Observatory in 
Puerto Rico.
    Need: To prevent interference from earth station operations to 
Arecibo Observatory in Puerto Rico.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.203(i) Choice of sites and frequencies.
    Brief Description: Establishes requirement that all earth stations 
in the Fixed Satellite Service in the 20/30 GHz band employ uplink 
adaptive power control or other methods of fade compensation so that 
earth station transmissions meet the desired link performance while 
reducing interference between networks.
    Need: To prevent interference between networks operating in the 
Fixed Satellite Service in the 20/30 GHz band.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.204(g) Power limits.
    Brief Description: Establishes requirement that all space stations 
in the Fixed-Satellite Service in the 20/30 GHz band use either 
orthogonal linear or orthogonal circular polarization.
    Need: To facilitate efficient use of satellite spectrum and prevent 
interference between networks operating in the Fixed Satellite Service 
in the 20/30 GHz band.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.210(b) Technical requirements for space stations in the Fixed-
Satellite Service.
    Brief Description: Establishes requirement that all space stations 
in the Fixed-Satellite Service in the 20/30 GHz band use state-of-the-
art full frequency reuse either through the use of orthogonal 
polarizations within the same beam and/or through the use of spatially 
independent beams.
    Need: To facilitate efficient use of satellite spectrum in the 
Fixed Satellite Service in the 20/30 GHz band.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.

[[Page 79671]]

    Section Number and Title:
    25.210(d) Technical requirements for space stations in the Fixed-
Satellite Service.
    Brief Description: Establishes technical standards for routine 
licensing of earth stations in the Fixed Satellite Service to provide 
transmission of full transponder analog video services.
    Need: To instruct licensees of the technical standards that must be 
met to obtain routine licensing of earth stations in the Fixed 
Satellite Service to provide full transponder analog video services.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.211(d) Analog video transmissions in the Fixed-Satellite 
Services.
    Brief Description: Establishes technical standards for routine 
licensing of earth stations in the Fixed Satellite Service in the 14.0-
14.5 GHz band for transmission of narrowband analog services.
    Need: To instruct licensees of the technical standards that must be 
met to obtain routine licensing of earth stations in the Fixed 
Satellite Service in the 14.0-14.5 GHz band for transmission of 
narrowband analog services.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.212(c) Narrowband analog transmissions, digital transmissions, 
and video transmissions in the GSO Fixed-Satellite Service.
    Brief Description: Establishes technical standards for routine 
licensing of earth stations in the Fixed Satellite Service in the 5925-
6425 MHz band for transmission of single channel per carrier services.
    Need: To instruct licensees of the technical standards that must be 
met to obtain routine licensing of earth stations in the Fixed 
Satellite Service in the 5925-6425 MHz band for transmission of single 
channel per carrier services.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.212(d) Narrowband analog transmissions, digital transmissions, 
and video transmissions in the GSO Fixed-Satellite Service.
    Brief Description: Establishes technical standards for 
construction, launch and operation of space stations in the satellite 
digital audio radio service.
    Need: To instruct licensees of the technical standards for 
construction, launch and operation of space stations in the satellite 
digital audio radio service.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.214 Technical requirements for space stations in the satellite 
digital audio radio service.
    Brief Description: Establishes procedures for time-sharing spectrum 
in the 137-138 MHz frequency band between non-voice, non-geostationary 
mobile-satellite service system licensees and National Oceanic and 
Atmospheric Administration satellite systems.
    Need: To prevent intersystem interference between non-voice, non-
geostationary mobile-satellite service system licensees and National 
Oceanic and Atmospheric Administration satellite systems time-sharing 
spectrum in the 137-138 MHz frequency band.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.259 Time sharing between NOAA meteorological satellite systems 
and non-voice, non-geostationary satellite systems in the 137-138 MHz 
band.
    Brief Description: Establishes procedures for time-sharing spectrum 
in the 400.15-401 MHz frequency band between non-voice, non-
geostationary mobile-satellite service system licensees and Department 
of Defense satellite systems.
    Need: To prevent intersystem interference between non-voice, non-
geostationary mobile-satellite service system licensees and Department 
of Defense satellite systems time-sharing spectrum in the 400.15-401 
MHz frequency band.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.260 Time sharing between DoD meteorological satellite systems 
and non-voice, non-geostationary satellite systems in the 400.15-401 
MHz band.

Subpart D--Technical Operations

    Brief Description: Establishes process for operating satellites in 
inclined orbit.
    Need: Informs licensees of process for operating satellites in 
inclined orbit mode.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.280 Inclined orbit operations.

Subpart F--Competitive Bidding Procedures for DARS

    Brief Description: Establishes that mutually exclusive initial 
applications for the satellite digital audio radio service are subject 
to competitive bidding.
    Need: Informs licensees of process for operating satellite digital 
audio radio service licenses.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.401 Satellite DARS applications subject to competitive bidding.
    Brief Description: Establishes application process for eligibility 
to bid on satellite digital audio radio service licenses.
    Need: Informs licensees of process for establishing eligibility to 
bid on satellite digital audio radio service licenses.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.403 Bidding application and certification procedures.
    Brief Description: Establishes process for submitting downpayment 
and long-form application for high bidders in satellite digital audio 
radio service auctions.
    Need: Informs licensees of process for submitting downpayment and 
long-form application for high bidders in satellite digital audio radio 
service auctions.
    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 
307, 309 and 332.
    Section Number and Title:
    25.404 Submission of downpayment and filing of long-form 
applications.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

Subpart A--General Information

    Brief Description: The part 27 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for wireless communications services (WCS).
    Need: The identified rules in this subpart set forth the services 
and frequencies governed by the part 27 rules, which include Advanced 
Wireless Services (AWS), the Broadband Radio Service (BRS), and the 
Educational Broadband Service (EBS).
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337.
    Section Number and Title:
    27.1 Basis and purpose.
    27.2 Permissible communications.
    27.3 Other applicable rule parts.

[[Page 79672]]

    27.4 Terms and definitions.
    27.5 Frequencies.
    27.6 Service areas.

Subpart B--Applications and Licenses

    Brief Description: The part 27 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for wireless communications services (WCS). Subpart B sets out the 
regulations governing the authorization and licensing of WCS.
    Need: The identified rules in this subpart are needed to set forth 
the application process and licensing rules for WCS, including 
construction requirements, criteria for renewal, and partitioning and 
disaggregation rules.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337.
    Section Number and Title:
    27.11 Initial authorization.
    27.12 Eligibility.
    27.13 License period.
    27.14 Construction requirements; Criteria for comparative renewal 
proceedings.
    27.15 Geographic partitioning and spectrum disaggregation.

Subpart C--Technical Standards

    Brief Description: The part 27 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for wireless communications services (WCS). Subpart C sets out the 
technical standards regarding WCS.
    Need: The identified rules are necessary to set forth the technical 
standards for WCS.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337.
    Section Number and Title:
    27.50 Power and antenna height limits.
    27.51 Equipment authorization.
    27.52 RF safety.
    27.53 Emission limits.
    27.54 Frequency stability.
    27.55 Signal strength limits.
    27.56 Antenna structures; air navigation safety.
    27.57 International coordination.
    27.58 Interference to BRS/EBS receivers.
    27.63 Disturbance of AM broadcast station antenna patterns.
    27.64 Protection from interference.

Subpart D--Competitive Bidding Procedures for the 2305-2320 MHz and 
2345-2360 MHz Bands

    Brief Description: The part 27 rules state the conditions under 
which portions of the radio spectrum are made available and licensed 
for the provision of wireless communications services (WCS) in 
specified bands. Subpart D sets forth the rules governing the use of 
competitive bidding to resolve mutually exclusive applications for 
initial WCS licenses in the 2305-2320 and 2345-2360 MHz bands.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j), and to administer 
the Commission's designated entity program under which small businesses 
meeting certain eligibility criteria may receive bidding credits on 
their winning bids.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337.
    Section Number and Title:
    27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to 
competitive bidding.
    27.209 Designated entities; bidding credits; unjust enrichment.
    27.210 Definitions.

Subpart E--Application, Licensing, and Processing Rules for WCS

    Brief Description: The part 27 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for wireless communications services (WCS). Subpart E sets forth the 
application, licensing, and processing rules for WCS.
    Need: The identified rules in this subpart are needed to set forth 
the application, licensing, and processing rules for WCS, including the 
technical requirements that must be included in license applications 
and what constitutes mutually exclusive applications.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337.
    Section Number and Title:
    27.302 Eligibility.
    27.305 Reserved.
    27.308 Technical content of applications.
    27.321 Mutually exclusive applications.
    27.323 Reserved.

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    Brief Description: These rules specify reporting requirements for 
local exchange carriers subject to sections 43.21 and 43.43 for the 
first time because their annual operating revenues equal or exceed the 
indexed revenue threshold used for classifying carrier categories for 
various accounting and reporting purposes for a given year. These 
carriers shall collect data for reporting purposes for the calendar 
year following the publication of the indexed revenue threshold in the 
Federal Register.
    Need: These rules provide filing guidelines for local exchange 
carriers subject to sections 43.21 and 43.43. These rules facilitate 
the Commission's collection of information necessary to monitor 
activities associated with the provision of telecommunications services 
and the development of the telecommunications infrastructure.
    Legal Basis: 47 U.S.C. 154, 211, 219, 220.
    Section Number and Title:
    43.01(c) Applicability.
    Brief Description: These rules pertain to periodic reporting 
requirements of large incumbent local exchange carriers and certain of 
their affiliates. Communications common carriers having annual 
operating revenues in excess of the indexed revenue threshold, as 
defined in section 32.9000, are required to file annual reports 
described in these rules. The Commission's Automated Reporting 
Management Information System (ARMIS) was initiated to collect 
financial and operational data from the largest incumbent local 
exchange carriers. Additional ARMIS reports were added to collect 
service quality and network infrastructure information from local 
exchange carriers subject to price cap regulations. ARMIS currently 
consists of ten (10) reports filed pursuant to sections 43.21(d) 
through (j).
    Need: The ARMIS reports were designed to provide policymakers 
information regarding revenues, expenses, and investment for incumbent 
providers.
    Legal Basis: 47 U.S.C. 154, 211, 219, 220.
    Section Number and Title:
    43.21(d) through (j) Transactions with affiliates.
    Brief Description: Establishes conditions under which common 
carriers engaged in providing international telecommunications service 
between the area comprising the continental United States, Alaska, 
Hawaii, and off-shore U.S. points and any country or point outside that 
area must file with the Commission quarterly traffic and revenue data. 
Establishes process for filing quarterly reports.
    Need: To permit the monitoring of compliance with Commission rules 
and competition on international telecommunications routes in the 
public interest.
    Legal Basis: 47 U.S.C. 154, 211, 219, and 220.
    Section Number and Title:

[[Page 79673]]

    43.61(b) Reports of international telecommunications traffic.
    Brief Description: Establishes that common carriers engaged in the 
resale of international switched services that are also affiliated with 
a foreign carrier that has sufficient market power on the foreign end 
of an international route to affect competition adversely in the U.S. 
market and that collects settlement payments from U.S. carriers must 
file a quarterly traffic and revenue report for switched resale 
services on the dominant route.
    Need: To permit the monitoring of compliance with Commission rules 
and competition on international telecommunications routes in the 
public interest.
    Legal Basis: 47 U.S.C. 154, 211, 219, and 220.
    Section Number and Title:
    43.61(c) Reports of international telecommunications traffic.

PART 52--NUMBERING

Subpart D TOLL-FREE NUMBERS

    Brief Description: These rules define the categories, by status, of 
toll-free numbers, and specify the interval between a toll-free 
number's reservation in the Service Management System (SMS) database 
and its conversion to working status, as well as the time between 
disconnection or cancellation of a toll-free number and the point when 
that toll-free number may be reassigned to another subscriber.
    Need: The toll-free number rules enable the Commission to ensure 
the efficient, fair, and orderly allocation of toll-free numbers, as it 
is required to do under section 251(e) of the Communications Act, as 
amended. Inordinately long lag times between the withdrawal of a number 
from the SMS database and the conversion of that number to working 
status can exacerbate toll-free number shortage and exhaustion issues.
    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).
    Section Number and Title:
    52.103 Lag times.
    Brief Description: This rule makes the act of reserving a toll-free 
number serve as a certification by a Responsible Organization, or 
``RespOrg'' (the entity responsible for managing toll-free subscribers' 
records in the toll-free database) that there is an identified 
subscriber agreeing to be billed for service associated with the toll-
free number, and that the RespOrg is not warehousing numbers. It 
requires specific language to be included in the SMS tariff stating 
that warehousing is an unreasonable practice under the Communications 
Act, and that RespOrgs warehousing numbers will be subject to 
penalties.
    Need: The toll-free number rules enable the Commission to ensure 
the efficient, fair, and orderly allocation of toll-free numbers, as it 
is required to do under section 251(e) of the Communications Act, as 
amended. When RespOrgs hold more toll-free numbers than they need, 
these numbers cannot be distributed to RespOrgs with actual 
subscribers, who are ready to use the numbers. This can exacerbate 
toll-free number shortage and exhaustion issues.
    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).
    Section Number and Title:
    52.105 Warehousing.
    Brief Description: This rule defines and prohibits the practices of 
hoarding and brokering toll-free numbers, and requires specific 
language to be included in the SMS tariff stating that hoarding is 
contrary to the public interest.
    Need: The toll-free number rules enable the Commission to ensure 
the efficient, fair, and orderly allocation of toll-free numbers, as it 
is required to do under section 251(e) of the Communications Act, as 
amended. Hoarding causes toll-free numbers to remain inactive and 
unavailable for subscribers who need working toll-free numbers, which 
can exacerbate toll-free number shortage and exhaustion issues.
    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).
    Section Number and Title:
    52.107 Hoarding.
    Brief Description: This rule caps the total number of toll-free 
numbers a RespOrg may have in reserved status to the greater of 7.5 
percent of the RespOrg's total working numbers or 2000 numbers, and 
concludes that no RespOrg may have in reserved status, at any time, 
more than 3 percent of the numbers that were in the spare pool for 
general reservation from the database at 12:01 a.m. ET of the preceding 
Sunday.
    Need: The toll-free number rules enable the Commission to ensure 
the efficient, fair, and orderly allocation of toll-free numbers, as it 
is required to do under section 251(e) of the Communications Act, as 
amended. Without any market mechanism to discourage warehousing, a cap 
on a RespOrg's ability to reserve numbers is necessary to assure all 
RespOrgs that other RespOrgs cannot stockpile large quantities of 
numbers through the reservation process.
    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).
    Section Number and Title:
    52.109 Permanent cap on number reservations.

PART 54--UNIVERSAL SERVICE

Subpart A--General Information

    Brief Description: These rules provide general information 
regarding the Universal Service Fund, including various terms and 
definitions that are referenced throughout section 54 of the 
Commissions rules.
    Need: In implementing statutory requirements for the Universal 
Service Fund, these rules provide necessary information regarding terms 
that may have different definitions outside the universal service 
context.
    Legal Basis: 47 U.S.C. 254.
    Section Numbers and Titles:
    54.1 Basis and purpose.
    54.5 Terms and definitions.

Subpart B--Services Designated for Support

    Brief Description: These rules specify the supported services for 
rural, insular and high cost areas. These rules also specify the 
requirement to offer all designated services, as well as to provide 
additional time for telecommunications carriers to complete network 
upgrades.
    Need: These rules ensure that rural, insular and high cost areas 
receive support for the specified designated telecommunications 
services.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:
    54.101 Supported services for rural, insular and high cost areas.

Subpart C--Carriers Eligible for Universal Service Support

    Brief Description: These rules specify the requirements for the 
designation of eligible telecommunications carriers. Congress has 
established that only those entities designated as eligible 
telecommunications carriers may receive support under the Universal 
Service support mechanism. These rules include the requirements 
regarding the relinquishment of designation as an eligible 
telecommunications carrier.
    Need: These rules ensure that the designation process for eligible 
telecommunications carriers meets the statutory requirements for the 
Universal Service support mechanism.
    Legal Basis: 47 U.S.C. 214(e)(2), 214(e)(4), 214(e)(6), 254(e).
    Section Numbers and Titles:
    54.201 Definition of eligible telecommunications carriers, 
generally.
    54.203 Designation of eligible telecommunications carriers for 
unserved areas.

[[Page 79674]]

    54.205 Relinquishment of universal service.
    54.207 Service areas.

Subpart D--Universal Service Support for High Cost Areas

    Brief Description: These rules specify the requirements for the 
High Cost support mechanism. These rules provide requirements for how 
High Cost support will be calculated and distributed to eligible 
telecommunications providers.
    Need: In implementing statutory requirements for the High Cost 
Program of the Universal Service support mechanism, these rules ensure 
that rates in rural, insular and high cost areas, are ``reasonably 
comparable'' to rates charged for similar services in urban areas.
    Legal Basis: 47 U.S.C. 254(b).
    Section Numbers and Titles:
    54.301 Local switching support.
    54.303 Long term support.
    54.305 Sale or transfer of exchanges.
    54.307 Support to a competitive eligible telecommunications 
carrier.

Subpart E--Universal Service Support for Low Income Consumers

    Brief Description: These rules specify the requirements for the 
Lifeline and Link Up Program of the Universal Service support 
mechanism. The rules establish the requirements for eligible consumers 
and eligible telecommunications carriers. The rules also establish 
certification and verification requirements, as well as recordkeeping 
and auditing requirements.
    Need: In implementing statutory requirements for the Lifeline and 
Linkup Program of the Universal Service support mechanism, these rules 
ensure that quality telecommunications services are available to low-
income consumers at reasonable and affordable rates.
    Legal Basis: 47 U.S.C. 254(b).
    Section Numbers and Titles:
    54.400 Terms and definitions.
    54.401 Lifeline defined.
    54.403 Lifeline support amount.
    54.405 Carrier obligation to offer Lifeline.
    54.407 Reimbursement for offering Lifeline.
    54.409 Consumer qualification for Lifeline.
    54.411 Link Up program defined.
    54.413 Reimbursement for revenue forgone in offering a Link Up 
program.
    54.415 Consumer qualification for Link Up.
    54.417 Recordkeeping requirements.

Subpart F--Universal Service Support for Schools and Libraries

    Brief Description: These rules specify the requirements for 
participation in the Schools and Libraries Program of the Universal 
Service support mechanism. The rules describe requirements regarding 
eligible entities, and the services eligible for discounted support. 
The rules also establish procedures for the application process, 
competitive bidding process, and the distribution of support. Finally, 
these rules establish recordkeeping and auditing requirements.
    Need: In implementing statutory requirements for the Schools and 
Libraries support mechanism, these rules ensure that eligible schools, 
libraries, and consortia that include eligible schools and libraries 
receive discounts for eligible telecommunications services, Internet 
access, and internal connections.
    Legal Basis: 47 U.S.C. 254(h)(1)(B).
    Section Numbers and Titles:
    54.500 Terms and definitions.
    54.501 Eligibility for services provided by telecommunications 
carriers.
    54.502 Supported telecommunications services.
    54.503 Other supported special services.
    54.504 Requests for services.
    54.505 Discounts.
    54.507 Cap.
    54.509 Adjustments to the discount matrix.
    54.511 Ordering services.
    54.513 Resale and transfer of services.
    54.515 Distributing support.
    54.516 Auditing.
    54.517 Services provided by non-telecommunications carriers.

Subpart G--Universal Service Support for Health Care Providers

    Brief Description: These rules specify the requirements for 
participation in the Rural Health Program of the Universal Service 
support mechanism. The rules establish the requirements for eligible 
health care providers, and the services eligible for discounted 
support. The rules also establish procedures for the application 
process, competitive bidding process, and the distribution of support. 
Finally, these rules establish recordkeeping and auditing requirements.
    Need: In implementing statutory requirements for the Rural Health 
Care support mechanism, these rules ensure that discounts are available 
to eligible rural health care providers for telecommunications services 
and monthly Internet access service charges.
    Legal Basis: 47 U.S.C. 254(h)(2)(A).
    Section Numbers and Titles:
    54.601 Eligibility.
    54.603 Competitive bid requirements.
    54.605 Determining the urban rate.
    54.607 Determining the rural rate.
    54.609 Calculating support.
    54.611 Distributing support.
    54.613 Limitations on supported services for rural health care 
providers.
    54.615 Obtaining services.
    54.617 Resale.
    54.619 Audits and recordkeeping.
    54.621 Access to advanced telecommunications and information 
services.
    54.623 Cap.

Subpart H--Administration

    Brief Description: These rules specify the requirements regarding 
the Universal Service Administrative Company, as the permanent 
Administrator for the Universal Service support mechanism. These rules 
establish the Administrator's functions and responsibilities, as well 
as, the composition of the Administrator's Board of Directors and 
Committees. These rules also establish requirements regarding 
contributions and contributor reporting requirements.
    Need: In implementing statutory requirements for the Universal 
Service support mechanism, these rules provide the framework and 
requirements for the administration of the program.
    Legal Basis: 47 U.S.C. 254.
    Section Numbers and Titles:
    54.701 Administrator of universal service support mechanisms.
    54.703 The Administrator's Board of Directors.
    54.705 Committees of the Administrator's Board of Directors.
    54.707 Audit controls.
    54.709 Computations of required contributions to universal service 
support mechanisms.
    54.711 Contributor reporting requirements.
    54.713 Contributor's failure to report or to contribute.

PART 59--INFRASTRUCTURE SHARING

    Brief Description: These rules specify the general duty of 
incumbent LECs to provide to certain qualifying LECs (i.e., carriers 
that fulfill universal service obligations) access to public switched 
network infrastructure, technology, information, and telecommunications 
facilities and functions used to provide telecommunications services, 
or access to information services, and set forth general terms and 
conditions for such sharing.

[[Page 79675]]

    Need: These rules provide qualifying carriers with a flexible means 
of obtaining needed infrastructure from incumbents, and of doing so in 
ways that take advantage of the economies of scope and scale enjoyed by 
incumbents. The rules particularly benefit smaller local service 
providers.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.
    Section Number and Title:
    59.1 General duty.
    Brief Description: These rules specify that incumbent LECs subject 
to this section: Shall not be required to take any action that is 
economically unreasonable or contrary to the public interest; may, but 
are not required to, enter into joint ownership or operation of the 
infrastructure to be shared with a qualifying carrier; shall not be 
treated as a common carrier or as offering common carrier services with 
respect to any shared infrastructure; shall make the infrastructure to 
be shared available to a qualifying carrier on just and reasonable 
terms and pursuant to conditions that permit the qualifying carrier to 
benefit fully from the economies of scale and scope of the LEC; must 
give notice to the qualifying carrier at least sixty days before 
terminating an infrastructure sharing agreement; shall not be required 
to share infrastructure for any services or access which are to be 
provided by the qualifying carrier in the LEC's telephone exchange 
area; and shall file for public inspection any tariffs, contracts, or 
other arrangements showing the rates, terms, and conditions under which 
the LEC is making such infrastructure available pursuant to this part.
    Need: These rules promote universal service in areas that may be 
without competitive service providers, without restricting the 
development of competition.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.
    Section Number and Title:
    59.2 Terms and Conditions of infrastructure sharing.
    Brief Description: These rules specify that an incumbent LEC that 
has entered into an infrastructure sharing agreement under this section 
shall provide to each party to such agreement timely information on the 
planned deployment of telecommunications services and equipment, 
including any software or upgrades of software integral to the use or 
operation of such telecommunications equipment.
    Need: These rules promote universal service in areas that may be 
without competitive service providers, without restricting the 
development of competition.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.
    Section Number and Title:
    59.3 Information concerning deployment of new services and 
equipment.
    Brief Description: This rule defines the term ``qualifying 
carrier'' for the purposes of infrastructure sharing pursuant to this 
subpart. A ``qualifying carrier'' means a telecommunications carrier 
that lacks economies of scale or scope and offers telephone exchange 
service, exchange access, and any other service that is included in 
universal service, to all consumers without preference throughout the 
service area for which such carrier has been designated as an eligible 
telecommunications carrier under 47 U.S.C. section 214(e).
    Need: These rules are designed to promote universal service in 
areas that may be without competitive service providers, without 
restricting the development of competition.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.
    Section Number and Title:
    59.4 Definition of ``qualifying carrier.''

PART 61--TARIFFS

Subpart E--General Rules for Dominant Carriers

    Brief Description: The part 61 rules are designed to implement the 
provisions of sections 201, 202, 203, and 204 of the Communications Act 
of 1934, as amended, and ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. These rules govern the 
filing, form, content, public notice periods, and accompanying support 
materials for tariffs.
    Need: Section 61.33 facilitates tariff transmittals filed on 7- or 
15-days' notice and to clearly identify such transmittals for the ease 
and convenience of those who may want to comment on the filings. 
Section 61.45 was adopted to avoid unfairly imposing a subsidy burden 
on ratepayers and will align charges more closely with LECs' costs.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 403.
    Section Number and Title:
    61.33(d) Letters of transmittal;
    61.45(d)(1)(ix) Adjustments to the PCI for Local Exchange Carriers.

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

    Brief Description: Establishes process for requesting streamlined 
processing for applications for international common carriers.
    Need: Informs licensees on the process for requesting streamlined 
processing for applications for international common carriers.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 
403, and 571.
    Section Number and Title:
    63.18(p) Contents of applications for international common 
carriers.
    Brief Description: Establishes that authorized carriers may not 
receive from a foreign carrier any proprietary or confidential 
information pertaining to a competing U.S. carrier, obtained by the 
foreign carrier in the course of its normal business dealings, unless 
the competing U.S. carrier provides its permission in writing.
    Need: Protects against carrier anticompetitive conduct on U.S.-
international telecommunications routes.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 
403, and 571.
    Section Number and Title:
    63.21(f) Conditions applicable to all international section 214 
authorizations.
    Brief Description: Establishes that the Commission reserves the 
right to review a carrier's authorization, and, if warranted, impose 
additional requirements on U.S. international carriers in circumstances 
where it appears that harm to competition is occurring on one or more 
U.S. international routes.
    Need: Protects against carrier anticompetitive conduct on U.S.-
international telecommunications routes.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 
403, and 571.
    Section Number and Title:
    63.21(g) Conditions applicable to all international section 214 
authorizations.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart I--Allocation of Costs

    Brief Description: These rules specify that a telecommunications 
carrier may not use services that are not competitive to subsidize 
services subject to

[[Page 79676]]

competition, and that services included in the definition of universal 
service shall bear no more than a reasonable share of the joint and 
common costs of facilities used to provide those services.
    Need: This provision implements the statutory requirement that 
carriers, in setting their rates, not attempt to gain an unfair market 
advantage in competitive markets by allocating to their less 
competitive services, for which subscribers have no available 
alternative, an excessive portion of the costs incurred by their 
competitive operations.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 201-205, 254(k), 259, 
303(r), 403.
    Section Number and Title:
    64.901(c) Carriers may not use services that are not competitive to 
subsidize services subject to competition.

Subpart T--Separate Affiliate Requirements for Incumbent 
Independent Local Exchange Carriers That Provide In-Region, 
Interstate Domestic Interexchange Services or In-Region, 
International Interexchange Services

    Brief Description: These rules require incumbent independent LECs 
that provide in-region, interstate, interexchange services or in-region 
international interexchange services to do so through a separate 
affiliate as defined in section 64.1903 of the Commission's rules. The 
separate affiliate must maintain separate books of account, may not 
jointly own transmission or switching facilities with the LEC, must 
acquire tariffed services from the LEC at tariffed rates, and must be a 
separate legal entity (or, in some circumstances, separate corporate 
division) of the LEC.
    Need: This provision furthers the pro-competitive, deregulatory 
objectives of the 1996 Act by promoting increased competition in the 
interexchange market and the development of competitive, deregulated 
markets envisioned by Congress.
    Legal Basis: 47 U.S.C. 151, 152, 154, 201, 202, 251, 271, 272, 
303(r).
    Section Number and Title:
    64.1903 Obligations of all incumbent independent local exchange 
carriers.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

Subpart B--Conditions on the Use of Terminal Equipment

    Brief Description: These rules specify that wireline carriers may 
not bar connection of terminal equipment (TE) to the Public Switched 
Telephone Network (PSTN) provided the TE would not cause harm to the 
PSTN. Part 68 requires that TE be tested to show that it will not harm 
the PSTN or carrier personnel, and then be listed with the 
Administrative Council for Terminal Attachments (ACTA) which maintains 
a database of all TE approved for connection to the PSTN. Carriers are 
obligated to permit the free connection of approved TE to the PSTN, but 
they can require disconnection of TE that is not approved or that 
causes harm to the PSTN. Part 68 provides for the identification, 
review and publication of technical criteria used in testing CPE for 
part 68 compliance. Part 68 also establishes the right of customers to 
use competitively provided inside wiring.
    Need: These rules foster competition in the provision of TE and 
inside wiring by permitting the connection of competitively provided TE 
and inside wiring to the PSTN. Part 68 is also intended to ensure that 
the connection of TE and inside wiring does not harm the PSTN or injure 
carrier personnel.
    Legal Basis: 47 U.S.C. 154, 155, 303.
    Section Number and Title:
    68.110(c) Compatibility of the public switched telephone network 
and terminal equipment.

PART 69--ACCESS CHARGES

Subpart A--General

    Brief Description: The part 69 rules are designed to implement the 
provisions of sections 201 and 202 of the Communications Act of 1934, 
as amended, and protect consumers by preventing the exercise of market 
power by incumbent LECs.
    Need: Section 69.4 was adopted to foster competition, move access 
charges over time to more economically efficient levels and rate 
structures, preserve universal service, and lower rates by listing the 
charges to be included in the carrier's carrier charges for access 
service that are filed by price cap LECs. These rules help ensure that 
rates are just, reasonable, and not unjustly or unreasonably 
discriminatory.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254, and 403.
    Section Number and Title:
    69.4(h) Charges to be filed