Air-Ground Telecommunications Services, 19377-19381 [05-6950]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules
New Legislation
On August 9, 2004, the President
signed the Coast Guard and Maritime
Transportation Act of 2004 (Pub. L.
108–293) (the Act), which addressed
most of the questions listed above and
negated the need for this rulemaking as
follows:
On the question of charters back to
the owner (questions 1 and 2 above),
section 608(a) of the new Act added
new paragraph (f) to 46 U.S.C. 12106 to
clarify Congress’s position on the issue
by requiring that the owner of a leasefinanced vessel certify annually that it
(or, if the vessel is owned by a trust or
similar arrangement, the beneficiary of
the trust or similar arrangement) is
independent from, and not an affiliate
of, any charterer of the vessel or any
person who has the right, directly or
indirectly, to control or direct the
movement or use of the vessel.
On the question of limitations to
grandfather rights (question number 3
above), section 608(c) of the Act
required that the amendments made by
section 608 and any regulations
published after February 4, 2004, with
respect to coastwise endorsements do
not apply to a certificate of
documentation, or renewal of one,
endorsed with a coastwise endorsement
for a vessel under 46 U.S.C. 12106(e) or
a replacement vessel of a similar size
and function, that was issued before
August 9, 2004, as long as the vessel is
owned by the person named in the
certificate, or by a subsidiary or affiliate
of that person, and as long as the
controlling interest in the owner has not
been transferred to a person that was not
an affiliate of the owner as of August 9,
2004. A similar grandfather provision in
section 608(c) of the Act was applied to
offshore supply vessels, except that it
was limited only to 3 years after
enactment of the Act or until August 9,
2007.
On the question of third-party
auditing of applications for coastwise
endorsements (question number 4
above), the Act did not address the issue
and it is being carried forward to the
future rulemaking discussed below.
Future Rulemaking
The new Act requires that the Coast
Guard publish final regulations by
August 8, 2005, to carry out section 608
of the Act, including amendments made
by the Act to 46 U.S.C. 12106.
Therefore, the Coast Guard will publish
in the Federal Register a new notice of
proposed rulemaking with opportunity
for public comment to address these
changes. In addition, the Coast Guard
will again consider the issue of third-
VerDate jul<14>2003
15:00 Apr 12, 2005
Jkt 205001
party audits in the new notice and will
address, in that notice, all comments on
the subject submitted since the February
4, 2004, notice.
Withdrawal
For the reasons stated above, the
Coast Guard and MARAD are
withdrawing the joint notice of
proposed rulemaking published on
February 4, 2004 (69 FR 5403).
Authority: The Coast Guard’s portion of
this rulemaking is taken under authority of
46 U.S.C. 2103 and 12106 and Department of
Homeland Security Delegation No. 0170.1.
The Maritime Administration’s portion of
this rulemaking is taken under authority of
46 App. U.S.C. 802, 803, 808, 835, 839,
1114(b), 1195, 46 U.S.C. chs.301 and 313; 49
U.S.C. 336; 49 CFR 1.66.
Dated: November 2, 2004.
Thomas H. Collins,
Admiral, Coast Guard Commandant.
Dated: March 29, 2005.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 05–7436 Filed 4–12–05; 8:45 am]
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WT Docket Nos. 03–103, 05–42; FCC 04–
287]
Air-Ground Telecommunications
Services
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document, the
Commission requests comment on
competitive bidding procedures for
commercial and general aviation AirGround Radiotelephone Service
licenses. In a related document, the
Commission has revised the rules and
band plan governing the commercial
Air-Ground Radiotelephone Service. If
mutually exclusive applications are
filed for the new commercial AirGround Radiotelephone Service licenses
that are made available, the Commission
will resolve such applications by
competitive bidding. The Commission
also will resolve by competitive bidding
pending mutually exclusive
applications for general aviation AirGround Radiotelephone Service
licenses. To date, the Commission has
accepted for filing nine groups of
mutually exclusive general aviation
applications, which are currently
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
19377
pending. An auction will be scheduled
to resolve these applications. The
auction will be limited to the parties in
each of the nine groups of applicants
that have filed mutually exclusive
applications, which constitute closed
filing groups.
DATES: Submit comments on or before
May 3, 2005, and submit reply
comments on or before May 13, 2005.
For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Lynne Milne, Auctions and Spectrum
Access Division, Wireless
Telecommunications Bureau, at 202–
418–7055. or via e-mail at
Lynne.Milne@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Notice of Proposed
Rulemaking (NPRM) portion of the
Commission’s Report and Order and
Notice of Proposed Rulemaking, FCC
04–287, in WT Docket Nos. 03–103 and
05–42, adopted December 15, 2004, and
released February 22, 2005. The
Commission is concurrently publishing
a summary of the Report and Order in
the Federal Register. The full text of the
document is available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, 445 12th St., SW.,
Room CY–A257, Washington, DC 20554.
The complete text may be purchased
from the Commission’s duplicating
contractor: Best Copy & Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC, 20554, telephone 800–
378–3160, facsimile 202–488–5563, or
via e-mail at fcc@bcpiweb.com. The full
text may also be downloaded at:
https://www.fcc.gov. Alternative formats
are available to persons with disabilities
by contacting Brian Millin at (202) 418–
7426 or TTY (202) 418–7365 or at
Brian.Millin@fcc.gov.
Synopsis of the Notice of Proposed
Rulemaking
A. Incorporation by Reference of the
Part 1 Standardized Auction Rules
1. In this NPRM, we propose to
conduct auctions of both commercial
and general aviation Air-Ground
Radiotelephone Service licenses in
conformity with the general competitive
bidding rules set forth in part 1, subpart
Q, of the Commission’s Rules, and
substantially consistent with the
bidding procedures that have been
employed in previous Commission
auctions.
2. Specifically, we propose to employ
the part 1 rules governing, among other
E:\FR\FM\13APP1.SGM
13APP1
19378
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules
things, designated entities, application
and payment procedures, collusion
issues, and unjust enrichment. Under
this proposal, such rules would be
subject to any modifications that the
Commission may adopt in its part 1
Competitive Bidding proceeding. In
addition, consistent with current
practice, matters such as the appropriate
competitive bidding design, as well as
minimum opening bids and reserve
prices, would be determined by the
Wireless Telecommunications Bureau
(‘‘WTB’’) pursuant to its delegated
authority. We seek comment on this
proposal. In particular, we request
comment on whether any of our part 1
competitive bidding rules would be
inappropriate, or should be modified,
for auctions of either commercial or
general aviation air-ground licenses.
3. With respect to the commercial airground licenses we are making
available, we are providing applicants
with the opportunity to bid on licenses
constituting different band
configurations. Accordingly, the
determination of whether individual
commercial air-ground license
applications are mutually exclusive for
purposes of section 309(j) will be based
on whether different applicants have
applied for licenses in different band
plan license configurations as well as on
whether different applicants have
applied for the same licenses. In other
words, because only one band
configuration will be implemented,
applicants that apply for licenses in
different configurations will be
considered to have filed mutually
exclusive applications. We tentatively
conclude, however, that this and any
other differences from our past auctions
do not necessitate any changes to our
part 1 competitive bidding rules, and
that WTB can address such differences
through its standard practice of seeking
comment on and adopting procedures
for specific auctions. We seek comment
on this tentative conclusion.
B. Provisions for Designated Entities
4. In authorizing the Commission to
use competitive bidding via section
309(j), Congress mandated that the
Commission ‘‘ensure that small
businesses, rural telephone companies,
and businesses owned by members of
minority groups and women are given
the opportunity to participate in the
provision of spectrum-based services.’’
In addition, section 309(j)(3)(B) of the
Communications Act requires that in
establishing eligibility criteria and
bidding methodologies, the Commission
promote ‘‘economic opportunity and
competition * * * by avoiding
excessive concentration of licenses and
VerDate jul<14>2003
15:00 Apr 12, 2005
Jkt 205001
by disseminating licenses among a wide
variety of applicants, including small
businesses, rural telephone companies,
and businesses owned by members of
minority groups and women.’’ One of
the principal means by which the
Commission furthers these statutory
goals is the award of bidding credits to
small businesses. The Commission
defines eligibility requirements for
small business bidding credits on a
service-specific basis, taking into
account the capital requirements and
other characteristics of the particular
service.
5. We tentatively conclude that small
business bidding credits are appropriate
for commercial Air-Ground
Radiotelephone Service licenses. We
base this conclusion on the fact that no
commercial air-ground license will
authorize the use of as much spectrum
as other nationwide services for which
the Commission has declined to adopt
small business bidding credits. In
addition, we believe that the operation
of a commercial air-ground service may
require lower capital expenditures than
other nationwide services, such as
satellite services, because the necessary
infrastructure may be less costly. Thus,
we tentatively conclude that small
businesses may be able to attract the
necessary capital to provide commercial
air-ground service, particularly if they
are assisted by bidding credits. We seek
comment on these tentative
conclusions.
6. Having tentatively concluded that
small businesses may be able to provide
commercial air-ground service, we
nonetheless recognize that such
operations may be very capital-intensive
relative to other services provided to
smaller geographic areas. We therefore
propose to use the same small business
definitions we have adopted for other
capital-intensive services that serve
large geographic areas. Specifically, we
propose to define a small business as an
entity with average annual gross
revenues for the three preceding years
not exceeding $40 million, and to define
a very small business as an entity with
average annual gross revenues for the
three preceding years not exceeding $15
million. We also propose a 15 percent
bidding credit for small businesses and
a 25 percent bidding credit for very
small businesses, as set forth in our
standardized schedule at 47 CFR
1.2110(f)(2).
7. We request comment on these
proposals. In particular, we invite
commenters to discuss the expected
capital requirements and other
characteristics of the commercial airground operations that may be provided
using the licenses made available by the
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
Report and Order, and the relationship
of such requirements and characteristics
to small business definitions and
bidding credits. We invite commenters
to provide comparisons with other
services for which the Commission has
established bidding credits. To the
extent commenters support a different
bidding credit regime than the one
proposed here, they should support
their proposals with relevant
information. Such comments should
provide information on, for example,
the technology that a commercial airground licensee is likely to employ, the
cost of deployment, and other factors
that may affect capital requirements for
commercial air-ground operations.
8. We also seek comment on whether
our proposed designated entity
provisions, if applied to the commercial
Air-Ground Radiotelephone Service,
would promote participation by
businesses owned by minorities and by
women, as well as participation by rural
telephone companies. To the extent that
commenters propose additional
provisions to enhance participation by
minority-owned or women-owned
businesses, commenters should address
how we should craft such provisions to
meet the relevant standards of judicial
review.
9. In contrast to the commercial airground licenses made available by the
Report and Order, general aviation airground licenses are specialized licenses
that are generally valued by relatively
small businesses. For this reason, we
expect that small businesses interested
in acquiring these licenses are unlikely
to have difficulty obtaining the capital
needed to participate in an auction. We
seek comment on whether small
business bidding credits would be
appropriate for the general aviation AirGround Radiotelephone Service.
Procedural Matters
A. Initial Regulatory Flexibility Analysis
10. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and rules proposed in this
NPRM. Written public comments are
requested on this IRFA. Comments must
be identified as responses to the IRFA
and must be filed on or before May 3,
2005. Reply comments must be filed on
or before May 13, 2005. The
Commission will send a copy of this
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
E:\FR\FM\13APP1.SGM
13APP1
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules
1. Need for, and Objectives of, the
Proposed Rules
11. The Report and Order addresses
revisions to the rules and spectrum
band plan for the 800 MHz commercial
Air-Ground Radiotelephone Service
spectrum. The Report and Order makes
available new nationwide air-ground
licenses in three band configurations:
(1) Band plan 1, comprised of two
overlapping, shared, cross-polarized 3
MHz licenses (licenses A and B,
respectively), (2) band plan 2,
comprised of an exclusive 3 MHz
license and an exclusive 1 MHz license
(licenses C and D, respectively), and (3)
band plan 3, comprised of an exclusive
1 MHz license and an exclusive 3 MHz
license (licenses E and F, respectively),
with the blocks at opposite ends of the
band from the second configuration.
Licenses will have a ten-year term.
Licenses will be awarded to winning
bidders for the licenses comprising the
configuration that receives the highest
aggregate gross bid, subject to long-form
license application review.
12. If mutually exclusive applications
are filed for the commercial air-ground
licenses that comprise the three band
configurations defined in the Report
and Order, the Commission will be
required to resolve such applications by
competitive bidding pursuant to the
requirements of section 309(j) of the
Communications Act. Similarly, the
Commission is required to resolve by
competitive bidding mutually exclusive
general aviation air-ground applications.
To date, the Commission has accepted
for filing nine groups of mutually
exclusive general aviation applications,
which are currently pending. Therefore,
WTB will, pursuant to its delegated
authority, schedule an auction to
resolve these applications.
13. In the NPRM, we request comment
on a number of issues relating to
competitive bidding procedures for both
commercial air-ground and general
aviation licenses. We propose to
conduct auctions of both commercial
and general aviation air-ground licenses
in conformity with the general
competitive bidding rules set forth in
part 1, subpart Q, of the Commission’s
Rules, and substantially consistent with
the bidding procedures that have been
employed in previous Commission
auctions. Specifically, we propose to
employ the part 1 rules governing,
among other things, designated entities,
application and payment procedures,
collusion issues, and unjust enrichment.
Under this proposal, such rules would
be subject to any modifications that the
Commission may adopt in its part 1
Competitive Bidding proceeding. In
VerDate jul<14>2003
15:00 Apr 12, 2005
Jkt 205001
addition, consistent with current
practice, matters such as the appropriate
competitive bidding design, as well as
minimum opening bids and reserve
prices, would be determined by WTB
pursuant to its delegated authority. We
seek comment on this proposal as well
as on whether any of our Part 1
competitive bidding rules would be
inappropriate, or should be modified,
for auctions of either commercial or
general aviation air-ground licenses.
14. With respect to the commercial
air-ground licenses we are making
available, we are providing applicants
with the opportunity to bid on licenses
constituting different band
configurations. Accordingly, the
determination of whether individual
commercial air-ground license
applications are mutually exclusive for
purposes of section 309(j) will be based
on whether different applicants have
applied for licenses in different band
plan license configurations as well as on
whether different applicants have
applied for the same licenses. In other
words, because only one band
configuration will be implemented,
applicants that apply for licenses in
different configurations will be
considered to have filed mutually
exclusive applications. We tentatively
conclude, however, that this and any
other differences from our past auctions
do not necessitate any changes to our
part 1 competitive bidding rules, and
that WTB can address such differences
through its standard practice of seeking
comment on and adopting procedures
for specific auctions. We seek comment
on this tentative conclusion.
15. We tentatively conclude that small
business bidding credits are appropriate
for the commercial air-ground service.
We base this conclusion on the fact that
no commercial air-ground license will
authorize the use of as much spectrum
as other nationwide services for which
the Commission has declined to adopt
small business bidding credits. In
addition, we believe that the operation
of a commercial air-ground service may
require lower capital expenditures than
other nationwide services, such as
satellite services, because the necessary
infrastructure may be less costly. Thus,
we tentatively conclude that small
businesses may be able to attract the
necessary capital to provide commercial
air-ground service, particularly if they
are assisted by bidding credits. We seek
comment on these tentative
conclusions.
16. Having tentatively concluded that
small businesses may be able to provide
commercial air-ground service, we
nonetheless recognize that such
operations may be very capital-intensive
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
19379
relative to other services provided to
smaller geographic areas. We therefore
propose to use the same small business
definitions we have adopted for other
capital-intensive services that serve
large geographic areas. Specifically, we
propose to define a small business as an
entity with average annual gross
revenues for the three preceding years
not exceeding $40 million, and to define
a very small business as an entity with
average annual gross revenues for the
three preceding years not exceeding $15
million. (We are coordinating these size
standards with the U.S. Small Business
Administration.) We also propose a 15
percent bidding credit for small
businesses and a 25 percent bidding
credit for very small businesses, as set
forth in our standardized schedule at 47
CFR 1.2110(f)(2).
17. We request comment on these
proposals. In particular, we invite
commenters to discuss the expected
capital requirements and other
characteristics of the commercial airground operations that may be provided
using the licenses made available by the
Report and Order, and the relationship
of such requirements and characteristics
to small business definitions and
bidding credits. We invite commenters
to provide comparisons with other
services for which the Commission has
established bidding credits. To the
extent commenters support a different
bidding credit regime than the one
proposed here, they should support
their proposals with relevant
information. Such comments should
provide information on, for example,
the technology that a commercial airground licensee is likely to employ, the
cost of deployment, and other factors
that may affect capital requirements for
commercial air-ground operations.
18. We also seek comment on whether
our proposed designated entity
provisions, if applied to the commercial
air-ground service, would promote
participation by businesses owned by
minorities and by women, as well as
participation by rural telephone
companies. To the extent that
commenters propose additional
provisions to enhance participation by
minority-owned or women-owned
businesses, commenters should address
how we should craft such provisions to
meet the relevant standards of judicial
review.
19. In contrast to the commercial airground licenses made available by the
Report and Order, general aviation airground licenses are specialized licenses
that are generally valued by relatively
small businesses. For this reason, we
expect that small businesses interested
in acquiring these licenses are unlikely
E:\FR\FM\13APP1.SGM
13APP1
19380
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules
to have difficulty obtaining the capital
needed to participate in an auction. We
seek comment on whether small
business bidding credits would be
appropriate for the general aviation airground service.
2. Legal Basis
20. The proposed action is authorized
under §§ 1, 4(i), 11, 303(r) and (y), 308,
309, and 332 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), 161, 303(r), 303(y), 308, 309, and
332.
3. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
21. The RFA directs agencies to
provide a description of, and, where
feasible, an estimate of, the number of
small entities that may be affected by
the rules adopted herein. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
22. Wireless Service Providers. The
SBA has developed a small business
size standard for wireless firms within
the two broad economic census
categories of ‘‘Paging’’ and ‘‘Cellular and
Other Wireless Telecommunications.’’
Under both SBA categories, a wireless
business is small if it has 1,500 or fewer
employees. For the census category of
Paging, Census Bureau data for 1997
show that there were 1,320 firms in this
category, total, that operated for the
entire year. Of this total, 1,303 firms had
employment of 999 or fewer employees,
and an additional 17 firms had
employment of 1,000 employees or
more. Thus, under this category and
associated small business size standard,
the great majority of firms can be
considered small. For the census
category Cellular and Other Wireless
Telecommunications, Census Bureau
data for 1997 show that there were 977
firms in this category, total, that
operated for the entire year. Of this
total, 965 firms had employment of 999
or fewer employees, and an additional
12 firms had employment of 1,000
employees or more. Thus, under this
second category and size standard, the
great majority of firms can, again, be
considered small. According to the most
VerDate jul<14>2003
15:00 Apr 12, 2005
Jkt 205001
recent Trends in Telephone Service
data, 719 carriers reported that they
were engaged in the provision of
cellular service, personal
communications service, or specialized
mobile radio telephony services, which
are placed together in the data. We have
estimated that 294 of these are small,
under the SBA small business size
standard.
23. Air-Ground Radiotelephone
Service. The Commission has not
adopted a small business size standard
specific to the Air-Ground
Radiotelephone Service. Again, we note
that SBA has a small business size
standard applicable to ‘‘Cellular and
Other Wireless Telecommunications,’’
i.e., an entity employing no more than
1,500 persons. There are approximately
100 licensees in the Air-Ground
Radiotelephone Service, and we
estimate that almost all of them qualify
as small under the SBA small business
size standard. See also paragraph 19,
supra, which describes two proposed
small business size standards for the
commercial Air-Ground Radiotelephone
Service.
4. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
24. This NPRM does not propose any
new reporting, recordkeeping, or other
compliance requirements but merely
proposes to extend the Commission’s
existing part 1 competitive bidding and
application requirements to the
commercial and general aviation AirGround Radiotelephone Service.
5. Steps Taken to Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
25. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives: ‘‘(1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) and exemption from
coverage of the rule, or any part thereof,
for small entities.’’
26. Specifically to assist small
businesses, the NPRM proposes to
establish the same small business size
standards and associated small business
bidding credits for the commercial AirGround Radiotelephone Service as the
Commission has adopted for a number
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
of other wireless services, and also asks
whether small business bidding credits
would be appropriate for the general
aviation Air-Ground Radiotelephone
Service. The Commission will continue
to examine alternatives in the future
with the objectives of eliminating
unnecessary regulations and minimizing
any significant economic impact on
small entities. We invite comment on
any additional significant alternatives
parties believe should be considered
and on how the approach outlined in
the NPRM will impact small entities,
including small non-profits and small
governmental entities.
6. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
27. None.
Initial Paperwork Reduction Act of
1995 Analysis
28. This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
29. Pursuant to applicable procedures
set forth in §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415 and
1.419, interested parties may file
comments on or before May 3, 2005, and
reply comments on or before May 13,
2005. Comments and reply comments
should be filed in both WT Docket Nos.
03–103 and 05–42. All relevant and
timely comments will be considered by
the Commission before final action is
taken in this proceeding.
30. Comments may be filed either by
filing electronically, such as by using
the Commission’s Electronic Comment
Filing System (ECFS), or by filing paper
copies. Parties are strongly urged to file
their comments using ECFS. Comments
filed through the ECFS can be sent as an
electronic file via the Internet to
https://www.fcc.gov/e-file/ecfs.html.
Only one copy of an electronic
submission must be filed. In completing
the transmittal screen, the electronic
filer should include its full name, Postal
Service mailing address, and the
applicable docket or rulemaking
number, WT Docket Nos. 03–103 and
05–42. Parties also may submit
comments electronically by Internet email. To receive filing instructions for email comments, commenters should
send an e-mail to ecfs@fcc.gov, and
E:\FR\FM\13APP1.SGM
13APP1
Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules
should include the following words in
the body of the message, ‘‘get form
<your e-mail address>.’’ A sample form
and directions will be sent in reply.
31. Parties who choose to file by
paper may submit such filings by hand
or messenger delivery, by U.S. Postal
Service mail (First Class, Priority, or
Express Mail), or by commercial
overnight courier. Parties must file an
original and four copies of each filing in
WT Docket Nos. 03–103 and 05–42.
Parties that want each Commissioner to
receive a personal copy of their
comments must file an original plus
nine copies. If paper filings are handdelivered or messenger-delivered for the
Commission’s Secretary, they must be
delivered to the Commission’s
contractor at 236 Massachusetts
Avenue, NE., Suite 110, Washington, DC
20002–4913. To receive an official
‘‘Office of the Secretary’’ date stamp,
documents must be addressed to
Marlene H. Dortch, Secretary, Federal
Communications Commission. (The
filing hours at this facility are 8 a.m. to
7 p.m.) If paper filings are submitted by
mail though the U.S. Postal Service
(First Class mail, Priority Mail, and
Express Mail), they must be sent to the
Commission’s Secretary, Marlene H.
Dortch, Federal Communications
Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC
20554. If paper filings are submitted by
commercial overnight courier (i.e., by
overnight delivery other than through
the U.S. Postal Service), such as by
Federal Express or United Parcel
Service, they must be sent to the
Commission’s Secretary, Marlene H.
Dortch, Federal Communications
Commission, Office of the Secretary,
9300 East Hampton Drive, Capitol
Heights, MD 20743. (The filing hours at
this facility are 8 a.m. to 5:30 p.m.)
32. Parties may also file with the
Commission some form of electronic
media submission (e.g., diskettes, CDs,
tapes, etc.) as part of their filings. In
order to avoid possible adverse affects
on such media submissions (potentially
caused by irradiation techniques used to
ensure that mail is not contaminated),
the Commission advises that they
should not be sent through the U.S.
Postal Service. Hand-delivered or
messenger-delivered electronic media
submissions should be delivered to the
Commission’s contractor at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002–4913. Electronic
media sent by commercial overnight
courier should be sent to the
Commission’s Secretary, Marlene H.
Dortch, Federal Communications
Commission, Office of the Secretary,
VerDate jul<14>2003
15:00 Apr 12, 2005
Jkt 205001
9300 East Hampton Drive, Capitol
Heights, MD 20743.
33. Regardless of whether parties
choose to file electronically or by paper,
they should also send one copy of any
documents filed, either by paper or by
e-mail, to each of the following: (1) Best
Copy & Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC, 20554, facsimile (202)
488–5563, or e-mail at
www.fcc@bcpiweb.com; and (2) Richard
Arsenault, Mobility Division, Wireless
Telecommunications Bureau, 445 12th
Street, SW., Washington, DC 20554, or
e-mail at Richard.Arsenault@fcc.gov.
34. Comments, reply comments, and
ex parte submissions will be available
for public inspection during regular
business hours in the FCC Reference
Information Center, Federal
Communications Commission, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. These
documents also will be available
electronically at the Commission’s
Disabilities Issues Task Force Web site,
https://www.fcc.gov/dtf, and from the
Commission’s Electronic Comment
Filing System. Documents are available
electronically in ASCII text, Word 97,
and Adobe Acrobat. Copies of filings in
this proceeding may be obtained from
Best Copy & Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160, facsimile (202) 488–5563, or
via e-mail at www.fcc@bcpiweb.com.
This document is also available in
alternative formats (computer diskette,
large print, audio cassette, and Braille).
Persons who need documents in such
formats may contact Brian Millin at
(202) 418–7426, TTY (202) 418–7365,
Brian.Millin@fcc.gov, or send an e-mail
to access@fcc.gov.
C. Ex Parte Rules Regarding the
NPRM—Permit-But-Disclose Comment
Proceeding
35. This is a permit-but-disclose
notice and comment rulemaking
proceeding. Ex parte presentations are
permitted, except during the Sunshine
Agenda period, provided that they are
disclosed in accordance with
Commission rules. See generally 47 CFR
1.1202, 1.1203, and 1.1206.
Ordering Clauses
36. Pursuant to the authority
contained in sections 1, 4(i), 11, and
303(r) and (y), 308, 309, and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161,
303(r), (y), 308, 309, and 332, this
Notice of Proposed Rulemaking is
hereby adopted, and parts 1 and 22 of
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
19381
the Commission’s rules are amended
accordingly.
37. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this NPRM, including the IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 1
Administrative practice and
procedure, Communications common
carriers, Radio, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–6950 Filed 4–12–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 69
[WC Docket No. 05–25; RM–10593; FCC 05–
18]
Special Access Rates for Price Cap
Local Exchange Carriers
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: In this document, the
Commission initiates a rulemaking
proceeding to determine the regulatory
framework to apply to price cap local
exchange carriers’ (LECs) interstate
special access services after June 30,
2005, including whether to maintain,
modify, or repeal the pricing flexibility
rules. Bell Operating Company (BOC)
interstate special access services have
assumed increasing significance as a key
input for business customers,
commercial mobile radio service
(CMRS) providers, interexchange
carriers (IXCs), and competitive LECs,
and BOC revenues from these services
have increased significantly since price
cap regulation began.
DATES: Comments are due on or before
June 13, 2005 and reply comments are
due on or before July 12, 2005.
ADDRESSES: All filings must be sent to
the Commission’s Secretary, Marlene H.
Dortch, 445 12th Street, SW., TW–B204,
Washington, D.C. 20554. Parties should
also send a copy of their paper filings
to Margaret Dailey, Pricing Policy
Division, Wireline Competition Bureau,
Federal Communications Commission,
Room 5–A232, 445 12th Street, SW.,
Washington, DC 20554. Parties shall
also serve one copy with the
Commission’s copy contractor, Best
E:\FR\FM\13APP1.SGM
13APP1
]]>Agencies
[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Proposed Rules]
[Pages 19377-19381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6950]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[WT Docket Nos. 03-103, 05-42; FCC 04-287]
Air-Ground Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission requests comment on
competitive bidding procedures for commercial and general aviation Air-
Ground Radiotelephone Service licenses. In a related document, the
Commission has revised the rules and band plan governing the commercial
Air-Ground Radiotelephone Service. If mutually exclusive applications
are filed for the new commercial Air-Ground Radiotelephone Service
licenses that are made available, the Commission will resolve such
applications by competitive bidding. The Commission also will resolve
by competitive bidding pending mutually exclusive applications for
general aviation Air-Ground Radiotelephone Service licenses. To date,
the Commission has accepted for filing nine groups of mutually
exclusive general aviation applications, which are currently pending.
An auction will be scheduled to resolve these applications. The auction
will be limited to the parties in each of the nine groups of applicants
that have filed mutually exclusive applications, which constitute
closed filing groups.
DATES: Submit comments on or before May 3, 2005, and submit reply
comments on or before May 13, 2005. For detailed instructions for
submitting comments and additional information on the rulemaking
process, see the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Lynne Milne, Auctions and Spectrum
Access Division, Wireless Telecommunications Bureau, at 202-418-7055.
or via e-mail at Lynne.Milne@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed
Rulemaking (NPRM) portion of the Commission's Report and Order and
Notice of Proposed Rulemaking, FCC 04-287, in WT Docket Nos. 03-103 and
05-42, adopted December 15, 2004, and released February 22, 2005. The
Commission is concurrently publishing a summary of the Report and Order
in the Federal Register. The full text of the document is available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, 445 12th St., SW., Room CY-A257,
Washington, DC 20554. The complete text may be purchased from the
Commission's duplicating contractor: Best Copy & Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 800-
378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcpiweb.com. The
full text may also be downloaded at: https://www.fcc.gov. Alternative
formats are available to persons with disabilities by contacting Brian
Millin at (202) 418-7426 or TTY (202) 418-7365 or at
Brian.Millin@fcc.gov.
Synopsis of the Notice of Proposed Rulemaking
A. Incorporation by Reference of the Part 1 Standardized Auction Rules
1. In this NPRM, we propose to conduct auctions of both commercial
and general aviation Air-Ground Radiotelephone Service licenses in
conformity with the general competitive bidding rules set forth in part
1, subpart Q, of the Commission's Rules, and substantially consistent
with the bidding procedures that have been employed in previous
Commission auctions.
2. Specifically, we propose to employ the part 1 rules governing,
among other
[[Page 19378]]
things, designated entities, application and payment procedures,
collusion issues, and unjust enrichment. Under this proposal, such
rules would be subject to any modifications that the Commission may
adopt in its part 1 Competitive Bidding proceeding. In addition,
consistent with current practice, matters such as the appropriate
competitive bidding design, as well as minimum opening bids and reserve
prices, would be determined by the Wireless Telecommunications Bureau
(``WTB'') pursuant to its delegated authority. We seek comment on this
proposal. In particular, we request comment on whether any of our part
1 competitive bidding rules would be inappropriate, or should be
modified, for auctions of either commercial or general aviation air-
ground licenses.
3. With respect to the commercial air-ground licenses we are making
available, we are providing applicants with the opportunity to bid on
licenses constituting different band configurations. Accordingly, the
determination of whether individual commercial air-ground license
applications are mutually exclusive for purposes of section 309(j) will
be based on whether different applicants have applied for licenses in
different band plan license configurations as well as on whether
different applicants have applied for the same licenses. In other
words, because only one band configuration will be implemented,
applicants that apply for licenses in different configurations will be
considered to have filed mutually exclusive applications. We
tentatively conclude, however, that this and any other differences from
our past auctions do not necessitate any changes to our part 1
competitive bidding rules, and that WTB can address such differences
through its standard practice of seeking comment on and adopting
procedures for specific auctions. We seek comment on this tentative
conclusion.
B. Provisions for Designated Entities
4. In authorizing the Commission to use competitive bidding via
section 309(j), Congress mandated that the Commission ``ensure that
small businesses, rural telephone companies, and businesses owned by
members of minority groups and women are given the opportunity to
participate in the provision of spectrum-based services.'' In addition,
section 309(j)(3)(B) of the Communications Act requires that in
establishing eligibility criteria and bidding methodologies, the
Commission promote ``economic opportunity and competition * * * by
avoiding excessive concentration of licenses and by disseminating
licenses among a wide variety of applicants, including small
businesses, rural telephone companies, and businesses owned by members
of minority groups and women.'' One of the principal means by which the
Commission furthers these statutory goals is the award of bidding
credits to small businesses. The Commission defines eligibility
requirements for small business bidding credits on a service-specific
basis, taking into account the capital requirements and other
characteristics of the particular service.
5. We tentatively conclude that small business bidding credits are
appropriate for commercial Air-Ground Radiotelephone Service licenses.
We base this conclusion on the fact that no commercial air-ground
license will authorize the use of as much spectrum as other nationwide
services for which the Commission has declined to adopt small business
bidding credits. In addition, we believe that the operation of a
commercial air-ground service may require lower capital expenditures
than other nationwide services, such as satellite services, because the
necessary infrastructure may be less costly. Thus, we tentatively
conclude that small businesses may be able to attract the necessary
capital to provide commercial air-ground service, particularly if they
are assisted by bidding credits. We seek comment on these tentative
conclusions.
6. Having tentatively concluded that small businesses may be able
to provide commercial air-ground service, we nonetheless recognize that
such operations may be very capital-intensive relative to other
services provided to smaller geographic areas. We therefore propose to
use the same small business definitions we have adopted for other
capital-intensive services that serve large geographic areas.
Specifically, we propose to define a small business as an entity with
average annual gross revenues for the three preceding years not
exceeding $40 million, and to define a very small business as an entity
with average annual gross revenues for the three preceding years not
exceeding $15 million. We also propose a 15 percent bidding credit for
small businesses and a 25 percent bidding credit for very small
businesses, as set forth in our standardized schedule at 47 CFR
1.2110(f)(2).
7. We request comment on these proposals. In particular, we invite
commenters to discuss the expected capital requirements and other
characteristics of the commercial air-ground operations that may be
provided using the licenses made available by the Report and Order, and
the relationship of such requirements and characteristics to small
business definitions and bidding credits. We invite commenters to
provide comparisons with other services for which the Commission has
established bidding credits. To the extent commenters support a
different bidding credit regime than the one proposed here, they should
support their proposals with relevant information. Such comments should
provide information on, for example, the technology that a commercial
air-ground licensee is likely to employ, the cost of deployment, and
other factors that may affect capital requirements for commercial air-
ground operations.
8. We also seek comment on whether our proposed designated entity
provisions, if applied to the commercial Air-Ground Radiotelephone
Service, would promote participation by businesses owned by minorities
and by women, as well as participation by rural telephone companies. To
the extent that commenters propose additional provisions to enhance
participation by minority-owned or women-owned businesses, commenters
should address how we should craft such provisions to meet the relevant
standards of judicial review.
9. In contrast to the commercial air-ground licenses made available
by the Report and Order, general aviation air-ground licenses are
specialized licenses that are generally valued by relatively small
businesses. For this reason, we expect that small businesses interested
in acquiring these licenses are unlikely to have difficulty obtaining
the capital needed to participate in an auction. We seek comment on
whether small business bidding credits would be appropriate for the
general aviation Air-Ground Radiotelephone Service.
Procedural Matters
A. Initial Regulatory Flexibility Analysis
10. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this NPRM. Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed on or before May 3, 2005. Reply comments must be
filed on or before May 13, 2005. The Commission will send a copy of
this NPRM, including this IRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA).
[[Page 19379]]
1. Need for, and Objectives of, the Proposed Rules
11. The Report and Order addresses revisions to the rules and
spectrum band plan for the 800 MHz commercial Air-Ground Radiotelephone
Service spectrum. The Report and Order makes available new nationwide
air-ground licenses in three band configurations: (1) Band plan 1,
comprised of two overlapping, shared, cross-polarized 3 MHz licenses
(licenses A and B, respectively), (2) band plan 2, comprised of an
exclusive 3 MHz license and an exclusive 1 MHz license (licenses C and
D, respectively), and (3) band plan 3, comprised of an exclusive 1 MHz
license and an exclusive 3 MHz license (licenses E and F,
respectively), with the blocks at opposite ends of the band from the
second configuration. Licenses will have a ten-year term. Licenses will
be awarded to winning bidders for the licenses comprising the
configuration that receives the highest aggregate gross bid, subject to
long-form license application review.
12. If mutually exclusive applications are filed for the commercial
air-ground licenses that comprise the three band configurations defined
in the Report and Order, the Commission will be required to resolve
such applications by competitive bidding pursuant to the requirements
of section 309(j) of the Communications Act. Similarly, the Commission
is required to resolve by competitive bidding mutually exclusive
general aviation air-ground applications. To date, the Commission has
accepted for filing nine groups of mutually exclusive general aviation
applications, which are currently pending. Therefore, WTB will,
pursuant to its delegated authority, schedule an auction to resolve
these applications.
13. In the NPRM, we request comment on a number of issues relating
to competitive bidding procedures for both commercial air-ground and
general aviation licenses. We propose to conduct auctions of both
commercial and general aviation air-ground licenses in conformity with
the general competitive bidding rules set forth in part 1, subpart Q,
of the Commission's Rules, and substantially consistent with the
bidding procedures that have been employed in previous Commission
auctions. Specifically, we propose to employ the part 1 rules
governing, among other things, designated entities, application and
payment procedures, collusion issues, and unjust enrichment. Under this
proposal, such rules would be subject to any modifications that the
Commission may adopt in its part 1 Competitive Bidding proceeding. In
addition, consistent with current practice, matters such as the
appropriate competitive bidding design, as well as minimum opening bids
and reserve prices, would be determined by WTB pursuant to its
delegated authority. We seek comment on this proposal as well as on
whether any of our Part 1 competitive bidding rules would be
inappropriate, or should be modified, for auctions of either commercial
or general aviation air-ground licenses.
14. With respect to the commercial air-ground licenses we are
making available, we are providing applicants with the opportunity to
bid on licenses constituting different band configurations.
Accordingly, the determination of whether individual commercial air-
ground license applications are mutually exclusive for purposes of
section 309(j) will be based on whether different applicants have
applied for licenses in different band plan license configurations as
well as on whether different applicants have applied for the same
licenses. In other words, because only one band configuration will be
implemented, applicants that apply for licenses in different
configurations will be considered to have filed mutually exclusive
applications. We tentatively conclude, however, that this and any other
differences from our past auctions do not necessitate any changes to
our part 1 competitive bidding rules, and that WTB can address such
differences through its standard practice of seeking comment on and
adopting procedures for specific auctions. We seek comment on this
tentative conclusion.
15. We tentatively conclude that small business bidding credits are
appropriate for the commercial air-ground service. We base this
conclusion on the fact that no commercial air-ground license will
authorize the use of as much spectrum as other nationwide services for
which the Commission has declined to adopt small business bidding
credits. In addition, we believe that the operation of a commercial
air-ground service may require lower capital expenditures than other
nationwide services, such as satellite services, because the necessary
infrastructure may be less costly. Thus, we tentatively conclude that
small businesses may be able to attract the necessary capital to
provide commercial air-ground service, particularly if they are
assisted by bidding credits. We seek comment on these tentative
conclusions.
16. Having tentatively concluded that small businesses may be able
to provide commercial air-ground service, we nonetheless recognize that
such operations may be very capital-intensive relative to other
services provided to smaller geographic areas. We therefore propose to
use the same small business definitions we have adopted for other
capital-intensive services that serve large geographic areas.
Specifically, we propose to define a small business as an entity with
average annual gross revenues for the three preceding years not
exceeding $40 million, and to define a very small business as an entity
with average annual gross revenues for the three preceding years not
exceeding $15 million. (We are coordinating these size standards with
the U.S. Small Business Administration.) We also propose a 15 percent
bidding credit for small businesses and a 25 percent bidding credit for
very small businesses, as set forth in our standardized schedule at 47
CFR 1.2110(f)(2).
17. We request comment on these proposals. In particular, we invite
commenters to discuss the expected capital requirements and other
characteristics of the commercial air-ground operations that may be
provided using the licenses made available by the Report and Order, and
the relationship of such requirements and characteristics to small
business definitions and bidding credits. We invite commenters to
provide comparisons with other services for which the Commission has
established bidding credits. To the extent commenters support a
different bidding credit regime than the one proposed here, they should
support their proposals with relevant information. Such comments should
provide information on, for example, the technology that a commercial
air-ground licensee is likely to employ, the cost of deployment, and
other factors that may affect capital requirements for commercial air-
ground operations.
18. We also seek comment on whether our proposed designated entity
provisions, if applied to the commercial air-ground service, would
promote participation by businesses owned by minorities and by women,
as well as participation by rural telephone companies. To the extent
that commenters propose additional provisions to enhance participation
by minority-owned or women-owned businesses, commenters should address
how we should craft such provisions to meet the relevant standards of
judicial review.
19. In contrast to the commercial air-ground licenses made
available by the Report and Order, general aviation air-ground licenses
are specialized licenses that are generally valued by relatively small
businesses. For this reason, we expect that small businesses interested
in acquiring these licenses are unlikely
[[Page 19380]]
to have difficulty obtaining the capital needed to participate in an
auction. We seek comment on whether small business bidding credits
would be appropriate for the general aviation air-ground service.
2. Legal Basis
20. The proposed action is authorized under Sec. Sec. 1, 4(i), 11,
303(r) and (y), 308, 309, and 332 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 161, 303(r), 303(y), 308, 309, and 332.
3. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
21. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of, the number of small entities that may
be affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
22. Wireless Service Providers. The SBA has developed a small
business size standard for wireless firms within the two broad economic
census categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' Under both SBA categories, a wireless business is
small if it has 1,500 or fewer employees. For the census category of
Paging, Census Bureau data for 1997 show that there were 1,320 firms in
this category, total, that operated for the entire year. Of this total,
1,303 firms had employment of 999 or fewer employees, and an additional
17 firms had employment of 1,000 employees or more. Thus, under this
category and associated small business size standard, the great
majority of firms can be considered small. For the census category
Cellular and Other Wireless Telecommunications, Census Bureau data for
1997 show that there were 977 firms in this category, total, that
operated for the entire year. Of this total, 965 firms had employment
of 999 or fewer employees, and an additional 12 firms had employment of
1,000 employees or more. Thus, under this second category and size
standard, the great majority of firms can, again, be considered small.
According to the most recent Trends in Telephone Service data, 719
carriers reported that they were engaged in the provision of cellular
service, personal communications service, or specialized mobile radio
telephony services, which are placed together in the data. We have
estimated that 294 of these are small, under the SBA small business
size standard.
23. Air-Ground Radiotelephone Service. The Commission has not
adopted a small business size standard specific to the Air-Ground
Radiotelephone Service. Again, we note that SBA has a small business
size standard applicable to ``Cellular and Other Wireless
Telecommunications,'' i.e., an entity employing no more than 1,500
persons. There are approximately 100 licensees in the Air-Ground
Radiotelephone Service, and we estimate that almost all of them qualify
as small under the SBA small business size standard. See also paragraph
19, supra, which describes two proposed small business size standards
for the commercial Air-Ground Radiotelephone Service.
4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
24. This NPRM does not propose any new reporting, recordkeeping, or
other compliance requirements but merely proposes to extend the
Commission's existing part 1 competitive bidding and application
requirements to the commercial and general aviation Air-Ground
Radiotelephone Service.
5. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
25. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: ``(1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) and
exemption from coverage of the rule, or any part thereof, for small
entities.''
26. Specifically to assist small businesses, the NPRM proposes to
establish the same small business size standards and associated small
business bidding credits for the commercial Air-Ground Radiotelephone
Service as the Commission has adopted for a number of other wireless
services, and also asks whether small business bidding credits would be
appropriate for the general aviation Air-Ground Radiotelephone Service.
The Commission will continue to examine alternatives in the future with
the objectives of eliminating unnecessary regulations and minimizing
any significant economic impact on small entities. We invite comment on
any additional significant alternatives parties believe should be
considered and on how the approach outlined in the NPRM will impact
small entities, including small non-profits and small governmental
entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
27. None.
Initial Paperwork Reduction Act of 1995 Analysis
28. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
29. Pursuant to applicable procedures set forth in Sec. Sec. 1.415
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested
parties may file comments on or before May 3, 2005, and reply comments
on or before May 13, 2005. Comments and reply comments should be filed
in both WT Docket Nos. 03-103 and 05-42. All relevant and timely
comments will be considered by the Commission before final action is
taken in this proceeding.
30. Comments may be filed either by filing electronically, such as
by using the Commission's Electronic Comment Filing System (ECFS), or
by filing paper copies. Parties are strongly urged to file their
comments using ECFS. Comments filed through the ECFS can be sent as an
electronic file via the Internet to https://www.fcc.gov/e-file/
ecfs.html. Only one copy of an electronic submission must be filed. In
completing the transmittal screen, the electronic filer should include
its full name, Postal Service mailing address, and the applicable
docket or rulemaking number, WT Docket Nos. 03-103 and 05-42. Parties
also may submit comments electronically by Internet e-mail. To receive
filing instructions for e-mail comments, commenters should send an e-
mail to ecfs@fcc.gov, and
[[Page 19381]]
should include the following words in the body of the message, ``get
form .'' A sample form and directions will be sent
in reply.
31. Parties who choose to file by paper may submit such filings by
hand or messenger delivery, by U.S. Postal Service mail (First Class,
Priority, or Express Mail), or by commercial overnight courier. Parties
must file an original and four copies of each filing in WT Docket Nos.
03-103 and 05-42. Parties that want each Commissioner to receive a
personal copy of their comments must file an original plus nine copies.
If paper filings are hand-delivered or messenger-delivered for the
Commission's Secretary, they must be delivered to the Commission's
contractor at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002-4913. To receive an official ``Office of the Secretary'' date
stamp, documents must be addressed to Marlene H. Dortch, Secretary,
Federal Communications Commission. (The filing hours at this facility
are 8 a.m. to 7 p.m.) If paper filings are submitted by mail though the
U.S. Postal Service (First Class mail, Priority Mail, and Express
Mail), they must be sent to the Commission's Secretary, Marlene H.
Dortch, Federal Communications Commission, Office of the Secretary, 445
12th Street, SW., Washington, DC 20554. If paper filings are submitted
by commercial overnight courier (i.e., by overnight delivery other than
through the U.S. Postal Service), such as by Federal Express or United
Parcel Service, they must be sent to the Commission's Secretary,
Marlene H. Dortch, Federal Communications Commission, Office of the
Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743. (The
filing hours at this facility are 8 a.m. to 5:30 p.m.)
32. Parties may also file with the Commission some form of
electronic media submission (e.g., diskettes, CDs, tapes, etc.) as part
of their filings. In order to avoid possible adverse affects on such
media submissions (potentially caused by irradiation techniques used to
ensure that mail is not contaminated), the Commission advises that they
should not be sent through the U.S. Postal Service. Hand-delivered or
messenger-delivered electronic media submissions should be delivered to
the Commission's contractor at 236 Massachusetts Avenue, NE., Suite
110, Washington, DC 20002-4913. Electronic media sent by commercial
overnight courier should be sent to the Commission's Secretary, Marlene
H. Dortch, Federal Communications Commission, Office of the Secretary,
9300 East Hampton Drive, Capitol Heights, MD 20743.
33. Regardless of whether parties choose to file electronically or
by paper, they should also send one copy of any documents filed, either
by paper or by e-mail, to each of the following: (1) Best Copy &
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC, 20554, facsimile (202) 488-5563, or e-mail at
www.fcc@bcpiweb.com">www.fcc@bcpiweb.com; and (2) Richard Arsenault, Mobility Division,
Wireless Telecommunications Bureau, 445 12th Street, SW., Washington,
DC 20554, or e-mail at Richard.Arsenault@fcc.gov.
34. Comments, reply comments, and ex parte submissions will be
available for public inspection during regular business hours in the
FCC Reference Information Center, Federal Communications Commission,
445 12th Street, SW., Room CY-A257, Washington, DC 20554. These
documents also will be available electronically at the Commission's
Disabilities Issues Task Force Web site, https://www.fcc.gov/dtf, and
from the Commission's Electronic Comment Filing System. Documents are
available electronically in ASCII text, Word 97, and Adobe Acrobat.
Copies of filings in this proceeding may be obtained from Best Copy &
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone (800) 378-3160, facsimile (202) 488-
5563, or via e-mail at www.fcc@bcpiweb.com">www.fcc@bcpiweb.com. This document is also
available in alternative formats (computer diskette, large print, audio
cassette, and Braille). Persons who need documents in such formats may
contact Brian Millin at (202) 418-7426, TTY (202) 418-7365,
Brian.Millin@fcc.gov, or send an e-mail to access@fcc.gov.
C. Ex Parte Rules Regarding the NPRM--Permit-But-Disclose Comment
Proceeding
35. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided that they are disclosed in accordance
with Commission rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206.
Ordering Clauses
36. Pursuant to the authority contained in sections 1, 4(i), 11,
and 303(r) and (y), 308, 309, and 332 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 161, 303(r), (y), 308, 309,
and 332, this Notice of Proposed Rulemaking is hereby adopted, and
parts 1 and 22 of the Commission's rules are amended accordingly.
37. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, will send a copy of this NPRM, including
the IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects 47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Radio, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-6950 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P
