Narrowbanding for Private Land Mobile Radio Service, 29959-29960 [05-10336]
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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Rules and Regulations
notifies both the CDS subscriber who
owns the seed and the mailer who
submitted the list, the parties may not
be able to reach a resolution.
The second comment expressed the
concern that a mailer who acquires
another business that does not sell its
lists may not have records on how the
business created its lists, particularly if
the lists were developed over a period
of many years. Thus, the mailer may not
be able to furnish information requested
on the PAF. Also, some mailers may not
have maintained records on how they
created address lists.
After considering the concerns, the
Postal Service determined not to change
the text of its proposed changes based
on the following:
(1) The Postal Service does not share
with the public information concerning
the methodology and source
information provided on the PAF.
(2) A mailer who submits an address
list containing a CDS subscriber’s seed
has many avenues available to it to
resolve the differences concerning the
use of the address list. The PAF requires
the intermediary who ‘‘rents’’ a list to a
mailer on behalf of a seed owner to
provide the mailer with documentation
establishing the mailer’s right to use an
address list. The Postal Service
anticipates that this measure will reduce
the occurrence of innocent mis-use of
seed addresses, and will assist CDS
subscribers in tracking use of their
address lists.
(3) An increase in the number of seed
addresses provided to CDS customers
should prevent the innocent appearance
of a seed address disqualifying a mailer.
For example, if a list contains only one
seed address when the CDS subscriber
owns several seed addresses for a ZIP
Code TM, the appearance of just one of
several seed addresses could be used to
support the mailer s argument that the
use of the seed address was innocent.
(4) The Postal Service believes that it
is reasonable to ask mailers submitting
lists for CDS qualification to maintain
records of where it obtained addresses
when building address lists. The Postal
Service understands that this is a new
requirement, and will consider a
mailer’s inability to set forth how it
created an address list on a case-by-case
basis.
For the reasons discussed above, the
Postal Service hereby adopts the
following amendments to the Mailing
Standards of the United States Postal
Service, Domestic Mail Manual, which
is incorporated by reference in the Code
of Federal Regulations.
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16:21 May 24, 2005
Jkt 205001
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
I
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3626, 5001.
2. Amend the following sections of the
Mailing Standards of the United States
Postal Service, Domestic Mail Manual as
set forth below:
I
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
500
Additional Services
*
*
507
Mailer Services
*
*
*
*
*
*
*
*
7.0 ADDRESS SEQUENCING
SERVICES
*
*
*
*
7.2
*
Service Levels
*
*
*
*
*
[Revise 7.2d and 7.2e to read as
follows:]
d. Mailers who have obtained address
sequencing services described in 7.2.c.
above and in 7.5.1 for address lists, and
who have a current Computerized
Delivery Sequence (CDS) subscription,
may apply to USPS to obtain seed
addresses to include in their address
lists. Qualified CDS subscribers may
elect to include a seed address in an
address file for identifying the list and
detecting the use of the address list by
another mailer.
e. If the mailer has obtained an
address list from another party, and
USPS locates a seed address when
processing that address list for Level 3
Service, USPS will notify both the
mailer who submitted the address list as
well as the CDS subscriber to whom
USPS has assigned the seed address.
USPS will provide the CDS subscriber
with the identity of the mailer, and will
provide the mailer with the identity of
the CDS subscriber. USPS will not
release to the mailer those portions of
the address list for the ZIP Codes
containing the seed address, unless
USPS receives written authorization to
do so from the CDS subscriber if the
mailer has obtained the address list
from the CDS subscriber or a party
acting on behalf of the CDS subscriber.
USPS will only release those portions of
the address list for ZIP Codes not
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containing seed addresses if the mailer
meets the address sequencing
requirements.
7.3
PART 111—[AMENDED]
29959
Card Preparation and Submission
*
*
*
*
*
[Revise 7.3.2 to read as follows:]
7.3.2
Limitations
The mailer is required to remit all fees
to USPS for address sequencing service
performed by USPS, including service
for which USPS does not release to the
mailer a ZIP Code containing a seed
address. (See 507.7.6 below.) The
following apply:
a. In order to obtain Level 3 Service,
the mailer must submit address cards or
an address file (address list) that
contains at least ninety percent (90%),
but not more than one hundred ten
percent (110%) of all possible delivery
addresses for a specific 5-digit ZIP Code
delivery area.
b. If a mailer requests Level 3 Service
for an address list and fails to meet any
USPS address sequencing requirements
for a ZIP Code within that address list,
the mailer may resubmit the address list
for Level 3 Service for the 5-digit ZIP
Code that fails to meet USPS
requirements. In the event the mailer
fails to meet all USPS address
sequencing requirements for the 5-digit
ZIP Code on the third time it submits
the address list to USPS, USPS will not
accept the address list for that 5-digit
ZIP Code for a period of 1 year from the
date the mailer submits the list to USPS
for the third time.
An appropriate amendment to 39 CFR
Part 111 will be published to reflect
these changes.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 05–10386 Filed 5–24–05; 8:45 am]
BILLING CODE 7710–12–U
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2 and 90
[ET Docket No. 04–243; FCC 05–69]
Narrowbanding for Private Land Mobile
Radio Service
Federal Communications
Commission
ACTION: Final rule; correction.
AGENCY:
SUMMARY: On April 27, 2005 (70 FR
21652), the Commission published final
rules in the Report and Order, which
specified the procedures by which forty
Private Land Mobile Radio (PLMR)
channels, which are located in
E:\FR\FM\25MYR1.SGM
25MYR1
29960
Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Rules and Regulations
frequency bands that are allocated
primarily for Federal use, are to
transition to narrower, more spectrally
efficient channels in a process
commonly known as ‘‘narrowbanding.’’
This document contains a correction to
the effective date in footnote US312 and
§ 90.20 (e)(6), which was incorrectly
stated.
DATES:
Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Tom
Mooring, Office of Engineering and
Technology, (202) 418–2450, email:
Tom.Mooring@fcc.gov.
In FR Doc.
05–8338, appearing on pages 21659 and
21660 in the Federal Register of
Wednesday, April 27, 2005, the
following corrections are made:
1. On page 21659, in the third
column, third sentence in footnote
US312 the date ‘‘April 27, 2019’’ is
corrected to read as ‘‘May 27, 2019’’.
2. On page 21660, in paragraph (e)(6),
in the third column, first sentence the
date ‘‘April 27, 2019’’ is corrected to
read ‘‘May 27, 2019’’.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 05–10336 Filed 5–24–05; 8:45 am]
BILLING CODE 6712–01–U
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[CC Docket No. 96–45; FCC 05–46]
Federal-State Joint Board on Universal
Service
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission addresses the minimum
requirements for a telecommunications
carrier to be designated as an ‘‘eligible
telecommunications carrier’’ or ‘‘ETC,’’
and thus eligible to receive federal
universal service support. Specifically,
consistent with the recommendations of
the Federal-State Joint Board on
Universal Service (Joint Board), we
adopt additional mandatory
requirements for ETC designation
proceedings.
Effective June 24, 2005 except for
§§ 54.202 and 54.209 which contain
information collection requirements that
have not been approved by the Office of
Management Budget (OMB). The
Commission will publish a document in
the Federal Register announcing the
DATES:
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16:21 May 24, 2005
Jkt 205001
effective date of those sections. Written
comments by the public on the new
and/or modified information collection
requirements are due July 25, 2005.
ADDRESSES: All filings must be sent to
the Commission’s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554. In
addition to filing comments with the
Office of the Secretary, a copy of any
comments on the Paperwork Reduction
Act information collection requirements
contained herein should be submitted to
Judith B. Herman, Federal
Communications Commission, Room 1C804, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to JudithB.Herman@fcc.gov. Parties should also
send three paper copies of their filings
to Sheryl Todd, Telecommunications
Access Policy Division, Wireline
Competition Bureau, Federal
Communications Commission, 445 12th
Street, SW., Room 5–B540, Washington,
DC 20554. See Supplemental
Information for further filing
instructions.
FOR FURTHER INFORMATION CONTACT:
Mark Seifert, Assistant Chief, Wireline
Competition Bureau,
Telecommunications Access Policy
Division, (202) 418–7400, TTY (202)
418–0484. For additional information
concerning the information collection(s)
contained in this document, contact
Judith B. Herman at (202) 418–0214, or
via the Internet at JudithB.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, in CC Docket No. 96–45,
FCC 05–46, released March 17, 2005.
The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY–A257, 445
12th Street, SW., Washington, DC
20554.
I. Introduction
1. This Report and Order addresses
the minimum requirements for a
telecommunications carrier to be
designated as an ‘‘eligible
telecommunications carrier’’ or ‘‘ETC,’’
and thus eligible to receive federal
universal service support. Specifically,
consistent with the recommendations of
the Federal-State Joint Board on
Universal Service (Joint Board), we
adopt additional mandatory
requirements for ETC designation
proceedings in which the Commission
acts pursuant to section 214(e)(6) of the
Communications Act of 1934, as
amended (the Act). In addition, as
recommended by the Joint Board, we
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encourage states that exercise
jurisdiction over ETC designations
pursuant to section 214(e)(2) of the Act,
to adopt these requirements when
deciding whether a common carrier
should be designated as an ETC. We
believe that application of these
additional requirements by the
Commission and state commissions will
allow for a more predictable ETC
designation process.
2. We also believe that because these
requirements create a more rigorous
ETC designation process, their
application by the Commission and
state commissions will improve the
long-term sustainability of the universal
service fund. Specifically, in
considering whether a common carrier
has satisfied its burden of proof
necessary to obtain ETC designation, we
require that the applicant: (1) Provide a
five-year plan demonstrating how highcost universal service support will be
used to improve its coverage, service
quality or capacity in every wire center
for which it seeks designation and
expects to receive universal service
support; (2) demonstrate its ability to
remain functional in emergency
situations; (3) demonstrate that it will
satisfy consumer protection and service
quality standards; (4) offer local usage
plans comparable to those offered by the
incumbent local exchange carrier (LEC)
in the areas for which it seeks
designation; and (5) acknowledge that it
may be required to provide equal access
if all other ETCs in the designated
service area relinquish their
designations pursuant to section
214(e)(4) of the Act. In addition, we
make these additional requirements
applicable on a prospective basis to all
ETCs previously designated by the
Commission, and we require these ETCs
to submit evidence demonstrating how
they comply with this new ETC
designation framework by October 1,
2006, at the same time they submit their
annual certification filing. As explained
in greater detail below, however, we do
not adopt the Joint Board’s
recommendation to evaluate separately
whether ETC applicants have the
financial resources and ability to
provide quality services throughout the
designated service area because we
conclude the objective of such criterion
will be achieved through the other
requirements adopted in this Report and
Order.
3. In this Report and Order, we also
set forth the analytical framework the
Commission will use to determine
whether the public interest would be
served by an applicant’s designation as
an ETC. We find that, under the statute,
an applicant should be designated as an
E:\FR\FM\25MYR1.SGM
25MYR1
]]>Agencies
[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29959-29960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10336]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[ET Docket No. 04-243; FCC 05-69]
Narrowbanding for Private Land Mobile Radio Service
AGENCY: Federal Communications Commission
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On April 27, 2005 (70 FR 21652), the Commission published
final rules in the Report and Order, which specified the procedures by
which forty Private Land Mobile Radio (PLMR) channels, which are
located in
[[Page 29960]]
frequency bands that are allocated primarily for Federal use, are to
transition to narrower, more spectrally efficient channels in a process
commonly known as ``narrowbanding.'' This document contains a
correction to the effective date in footnote US312 and Sec. 90.20
(e)(6), which was incorrectly stated.
DATES: Effective May 27, 2005.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450, email: Tom.Mooring@fcc.gov.
SUPPLEMENTARY INFORMATION: In FR Doc. 05-8338, appearing on pages 21659
and 21660 in the Federal Register of Wednesday, April 27, 2005, the
following corrections are made:
1. On page 21659, in the third column, third sentence in footnote
US312 the date ``April 27, 2019'' is corrected to read as ``May 27,
2019''.
2. On page 21660, in paragraph (e)(6), in the third column, first
sentence the date ``April 27, 2019'' is corrected to read ``May 27,
2019''.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 05-10336 Filed 5-24-05; 8:45 am]
BILLING CODE 6712-01-U
