Possible Revision or Elimination of Rules, 33416-33426 [05-11170]
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Operations, telephone 202–366–0271.
SUPPLEMENTARY INFORMATION:
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Comments
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Background and Purpose
On March 10, 2005, the Coast Guard
published an interim rule in the Federal
Register (70 FR 12082) to update the
rates for pilotage on the Great Lakes.
In comments to the docket, the Coast
Guard has received three requests from
the public to extend the comment
period by 30 days.
We have decided to grant this request
for an extension of the comment period
from June 8, 2005 to July 8, 2005. This
will allow the Coast Guard to collect
and review all comments before issuing
a final rule.
Dated: June 2, 2005.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security and
Environmental Protection.
[FR Doc. 05–11398 Filed 6–7–05; 8:45 am]
with disabilities may contact the FCC to
request reasonable accommodations
(accessible format documents, sign
language interpreters, CART, etc.) by email: 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
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[DA–05–1524]
Possible Revision or Elimination of
Rules
Federal Communications
Commission.
ACTION: Review of regulations under the
Regulatory Flexibility Act of 1980;
comments requested.
AGENCY:
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 years 2002
through 2005, 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change, amended, or rescinded in order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 September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Eric
Malinen or Allan Manuel, Office of
Communications Business
Opportunities, Federal Communications
Commission, (202) 418–0990. People
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Released: May 31, 2005
1. Pursuant to the RFA, see 5 U.S.C.
610, the FCC hereby publishes a plan for
the review of rules adopted by the
agency in calendar years 1993, 1994 and
1995 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
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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.
To file formally in this proceeding,
participants should file an original and
four copies of all comments with the
Office of the Secretary, ATTN: OCBO.
Comments will be available for public
inspection during regular business
hours in the FCC’s Reference
Information Center, Rm. CY–A257, 445
12th Street, S.W., Washington, DC
20554. For additional information on
the requirements of the RFA visit
www.fcc.gov/ocbo.
Federal Communications Commission.
Carolyn Fleming Williams,
Director, Office of Communications and
Business Opportunities.
Appendix
List of rules for review pursuant to the
Regulatory Flexibility Act of 1980, 5 U.S.C.
610, for 1993, 1994 and 1995. 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: These rules provide that
non-licensee tower owners may be subject to
forfeiture for violations of the painting and/
or lighting requirements for radio towers as
prescribed by the Commission without a
prior citation under certain conditions. These
rules also extend the statute of limitations for
issuing forfeitures to broadcast station
licensees to encompass the entire current
license term and clarify the meaning of
‘‘current license term.’’
Need: These rules restate the statutory
language of 47 U.S.C. 503(b)(5)(6) and 47
U.S.C. 503(b)(6).
Legal Basis: Secs. 4, 202, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303; 5
U.S.C. 552; 21 U.S.C. 853a.
Section Number and Title:
1.80(c)(1), 1.80(d) Forfeiture Proceedings.
Subpart E—Complaints, Applications,
Tariffs, and Reports Involving Common
Carriers
Brief Description: Part 1, subpart E
implements section 208 of the
Communications Act of 1934, as amended.
Section 208 permits any person to lodge a
complaint with the Commission against a
common carrier alleging a violation of the
Act. Section 208 places a duty on the
Commission to forward the complaint to the
common carrier(s) involved which, in turn,
must either satisfy the complaint or answer
it in writing within a time period specified
by the Commission. Subpart E establishes the
rules for the submission and treatment of two
categories of complaints: (1) Formal
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complaints, governed by §§ 1.720–1.736; and
(2) informal complaints, governed by
§§ 1.716–1.719. The informal complaint rules
emphasize ease of filing by consumers and
voluntary cooperative efforts by consumers
and affected companies to resolve their
differences informally. The Consumer &
Governmental Affairs Bureau’s analysis of
part 1, subpart E will be limited to informal
complaints.
Need: The informal complaint rules are
designed to facilitate the efficient and
expeditious processing of informal consumer
complaints in order to promote maximum
compliance with the requirements of the Act
and the Commission’s rules and
implementing orders. To ensure access and
ease of use by individual consumers, the
informal complaint rules do not contain the
procedural, evidentiary, and fee requirements
prescribed for formal complaints. A person
not satisfied with the carrier’s response to an
informal complaint or with the Commission’s
disposition of the informal complaint may
file a formal complaint on the same cause of
action subject to certain limitations.
The Commission added a new section to
the informal complaint rules in 2000 in
response to the enactment of section 258 of
the Communications Act of 1934, as
amended by the Telecommunications Act of
1996, broadening the Commission’s authority
to combat ‘‘slamming,’’ the submission or
execution of an unauthorized change in a
subscriber’s selection of a provider of
telecommunications service. The new section
of the informal complaint rules crossreferenced the Commission’s slamming
liability rules at part 64, subpart K, and
provided that a subscriber unsatisfied with
the resolution of an informal slamming
complaint had 45 days to file a formal
complaint.
Legal Basis: 47 U.S.C. 208, 258.
Section Number and Title:
1.716 Form.
1.717 Procedure.
1.718 Unsatisfied informal complaints;
formal complaints relating back to the
filing dates of informal complaints.
1.719 Informal complaints filed pursuant to
section 258.
Brief Description: These rules set forth
many of the procedures that must be
followed in order to prosecute and/or defend
a formal complaint filed against a common
carrier pursuant to section 208 of the
Communications Act (47 U.S.C. 208) alleging
a violation of the Communications Act.
Need: These rules result in the effective,
efficient, and timely resolution of formal
complaints.
Legal Basis: 47 U.S.C. 154(i), 154(u)(j), 208,
303(r).
Section Number and Title:
1.720 General pleading requirements.
1.724 Answers.
1.726 Replies.
1.727 Motions.
1.729 Interrogatories to parties.
1.731 Confidentiality of information
produced through discovery.
1.732 Other required written submissions.
1.733 Status conference.
1.734 Specification as to pleadings, briefs,
and other documents; subscription.
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1.735 Copies; service; separate filings
against multiple defendants.
Brief Description: Directions on how to file
applications, including the place of filing, the
amount of fees, who may sign the
application, and the number of copies
required.
Need: These rules provide general
directions on where to file applications, the
amount of fees, the number of copies and
who may sign the application.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
1.742 Place of filing, fees, and number of
copies.
1.743 Who may sign applications.
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: Sections 1.773(a)(2)(ii), 1.773(a)(4),
and 1.773(b)(1)(ii) were adopted to adjust the
pleading cycle for petitions seeking
investigation, suspension, or rejection of
tariff filings made on 14 days’ notice. They
are intended to provide the Commission with
additional time to review pleadings filed in
14-day tariff proceedings and to ensure
notice to the filing carrier.
Legal Basis: 47 U.S.C. 154, 201–205, 303.
Section Number and Title:
1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii)
Petitions for suspension or rejection of
new tariff filings.
Brief Description: Annual financial filing
report by telephone carriers and affiliates as
required by part 43.
Need: These rules provide a filing
requirement to the Commission per part 43
of the Commission’s rules.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
1.785 (a) Annual financial reports.
Subpart G—Schedule of Statutory Charges
and Procedures for Payment
Brief Description: Schedule of charges for
applications.
Need: Section 1.1102 through 1.1107 rules
are tables that identify the application fees
that are charged by the Commission for
renewing, modifying, or when applying for a
new license. These fees are adjusted
periodically to incorporate cost-of-living
increases, and or other increases in fees.
Section 1.1108 through 1.1119 rules describe
the type and form of payment, where it
should be sent and how the payment should
be processed, as well as rules governing
exemptions, refunds, and penalties
associated with the charges in §§ 1.1102
through 1.1107.
Legal Basis: 47 U.S.C. 158(b).
Section Number and Title:
1.1102 Schedule of charges for applications
and other filings in the wireless
telecommunications services.
1.1103 Schedule of charges for equipment
approval, experimental radio services,
and international telecommunications
settlement services.
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1.1104 Schedule of charges for applications
and other filings for media services.
1.1105 Schedule of charges for applications
and other filings for the wireline
competition service.
1.1106 Schedule of charges for applications
and other filings for the enforcement
service.
1.1107 Schedule of charges for applications
and other filings for the international
service.
1.1108 Attachment of charges.
1.1109 Payment of charges.
1.1110 Form of payment.
1.1111 Filing locations.
1.1112 Conditionality of Commission or
staff authorizations.
1.1113 Return or refund of charges.
1.1114 General exemptions to charges.
1.1115 Adjustments to charges.
1.1116 Penalty for late or insufficient
payments.
1.1117 Petitions and applications for
review.
1.1118 Error claims.
1.1119 Billing procedures.
Brief Description: Schedule of annual
regulatory fees and filing locations.
Need: These rules provide the authority for
the Commission to impose and collect
regulatory fees, as well as identify possible
exemptions, adjustments, penalties, and
waivers of these fees.
Legal Basis: 47 U.S.C. 159(a).
Section Number and Title:
1.1151 Authority to prescribe and collect
regulatory fees.
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.
1.1158 Form of payment for regulatory fees.
1.1159 Filing locations and receipts for
regulatory fees.
1.1160 Refunds of regulatory fees.
1.1161 Conditional license grants and
delegated authorizations.
1.1162 General exemptions from regulatory
fees.
1.1163 Adjustments to regulatory fees.
1.1164 Penalties for late or insufficient
regulatory fee payments.
1.1165 Payment by cashier’s check for
regulatory fees.
1.1166 Waivers, reductions and deferrals of
regulatory fees.
1.1167 Error claims related to regulatory
fees.
Subpart H—Ex Parte Communications
Brief Description: General instructions on
exempt ex parte presentations and
proceedings as they relate to new factual
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information that becomes available in
presentations made to the U.S. Department of
Justice and the Federal Trade Commission
involving telecommunications competition
matters.
Need: These rules provide guidance on
what types of ex parte presentations are
exempt.
Legal Basis: 47 U.S.C 154(i), 154(i)(j), and
303(r).
Section Number and Title:
1.1204 Exempt ex parte presentations and
proceedings.
Subpart Q—Competitive Bidding Proceedings
Brief Description: These rules provide
competitive bidding procedures to choose
from among two or more mutually exclusive
applications for an initial license.
Need: The subpart Q rules establish a
uniform set of competitive bidding rules and
procedures for use in licensing of all services
that are subject to licensing by auction. The
rules in this subpart: (1) Describe which
services are subject to competitive bidding;
(2) provide competitive bidding mechanisms
and design options; (3) establish application,
disclosure and certification procedures for
short- and long-form applications; and (4)
specify down payment, withdrawal and
default mechanisms. In addition, subpart Q
contains rules by which the Commission
determines eligibility for ‘‘designated entity’’
status (i.e., small business, minority- and
women-owned business, and rural telephone
companies), and includes a schedule of
bidding credits for which designated entities
may qualify in those auctions in which
special provisions are made for designated
entities. The purpose of the designated entity
provisions is to implement section
309(j)(3)(B) of the Communications Act of
1934, as amended, which states that an
objective of designing and implementing the
competitive bidding system is to ‘‘promot[e]
economic opportunity and competition and
ensur[e] that new and innovative
technologies are readily accessible to the
American people by avoiding excessive
concentration in licenses and disseminating
licenses among a wide variety of applicants,
including small businesses, rural telephone
companies, and businesses owned by
members of minority groups and women.’’
Legal Basis: 47 U.S.C. 309(j).
Section Number and Title:
1.2101 Purpose.
1.2102 Eligibility of applications for
competitive bidding.
1.2103 Competitive bidding design options.
1.2104 Competitive bidding mechanisms.
1.2105 Bidding application and
certification procedures; prohibition of
collusion.
1.2106 Submission of upfront payments.
1.2107 Submission of down payment and
filing of long-form applications.
1.2108 Procedures for filing petitions to
deny against long-form applications.
1.2109 License grant, denial, default, and
disqualifications.
1.2110 Designated entities.
1.2111 Assignment or transfer of control:
unjust enrichment.
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Part 2—Frequency Allocations and Radio
Treaty Matters; General Rules and
Regulations
Subpart B—Allocation, Assignment, and Use
of Radio Frequencies
Brief Description: Footnote US315 states
that, in the frequency bands 1530–1544 MHz
and 1626.5–1645.5 MHz, maritime mobilesatellite distress and safety communications,
e.g., the Global Maritime Distress and Safety
System (GMDSS), have priority access with
real-time preemptive capability in the
mobile-satellite service; that communications
of mobile-satellite system stations not
participating in the GMDSS will operate on
a secondary basis to distress and safety
communications of stations operating in the
GMDSS; and that account must be taken of
the priority of safety-related communications
in the mobile-satellite service.
Need: Footnote US315 provides maritime
mobile-satellite distress and safety
communications with priority access and
real-time preemptive capability in the
specified bands over routine, non-safety
related public correspondence.
Legal Basis: 47 U.S.C. 154, 302a, 303, and
336.
Section Number and Title:
2.106, footnote US315 Table of Frequency
Allocations.
Brief Description: Footnote US237 states
that the band 2310–2360 MHz is allocated to
the broadcasting-satellite service (sound) and
complementary terrestrial broadcasting
service on a primary basis; and that use is
limited to digital audio broadcasting and is
subject to the provisions of Resolution 528 of
the International Telecommunication
Union’s Radio Regulations.
Need: Footnote US327 expands the
broadcasting-satellite service in the band
2310–2360 MHz to include the
complementary terrestrial broadcasting
service and limits these uses to digital audio
broadcasting.
Legal Basis: 47 U.S.C. 154, 302a, 303, and
336.
Section Number and Title:
2.106, footnote US327 Table of Frequency
Allocations.
Brief Description: Footnote NG152 states
that the band 219–220 MHz is also allocated
to the amateur service on a secondary basis
for stations participating, as forwarding
stations, in point-to-point fixed digital
message forwarding systems, including
intercity packet backbone networks.
Need: Footnote NG152 helps alleviate
congestion that amateurs experience in
certain areas of the country in the band 222–
225 MHz and facilitates establishment of
regional and nationwide networks for
amateur digital packet communications.
Legal Basis: 47 U.S.C. 154, 302a, 303, and
336.
Section Number and Title:
2.106, footnote NG152 Table of Frequency
Allocations.
Part 11—Emergency Alert System (EAS)
Subpart A—General
Brief Description: These rules describe the
required technical standards and operational
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procedures of EAS for AM, FM, and TV
broadcast stations, cable systems, and other
participating entities.
Need: In employing consistent technical
standards and operational procedures for all
participating entities, these rules will result
in orderly distribution of emergency
messaging in the event an emergency is
activated.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.1 Purpose.
11.11 The Emergency Alert System (EAS).
11.12 Two-tone Attention Signal encoder
and decoder.
11.13 Emergency Action Notification (EAN)
and Emergency Action Termination
(EAT).
11.14 Primary Entry Point (PEP) System.
11.15 EAS Operating Handbook.
11.16 National Control Point Procedures.
11.18 EAS Designations.
11.19 EAS Non-participating National
Authorization Letter.
11.20 State Relay Network.
11.21 State and Local Area Plans and FCC
Mapbook.
Subpart B—Equipment Requirements
Brief Description: These rules describe EAS
protocol for emergency event codes and EAS
equipment requirements.
Need: Establishing quality and
compatibility standards for EAS equipment
will ensure technological interoperability
and result in delivery of responsive, robust,
and redundant emergency messaging.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.31 EAS Protocol.
11.32 EAS Encoder.
11.33 EAS Decoder.
11.34 Acceptability of the Equipment.
11.35 Equipment operational readiness.
Subpart C—Organization
Brief Description: These rules describe
participation standards and acceptable uses
of EAS for all participating entities. The rules
also set message priorities from the
Presidential level down to the state and local
levels.
Need: By setting participation standards
and acceptable uses, these rules ensure the
integrity of EAS for the Presidential message
priority in the event of a national emergency.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.41 Participation in EAS.
11.42 Participation by communications
common carriers.
11.43 National level participation.
11.44 EAS message priorities.
11.45 Prohibition of false or deceptive EAS
transmissions.
11.46 EAS public service announcements.
11.47 Optional use of other
communications methods and systems.
Subpart D—Emergency Operations
Brief Description: These rules describe
procedures for monitoring key EAS sources.
Once EAS has been activated, these rules set
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operation and transmission guidelines for
national, state, and local level messaging.
Need: These rules describe how a national,
state, or local emergency is activated, and
upon activation, provide guidelines for all
participating entities to follow during
national, state, and local-level emergencies.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.51 EAS code and Attention Signal
Transmission requirements.
11.52 EAS code and Attention Signal
Monitoring requirements.
11.53 Dissemination of Emergency Action
Notification
11.54 EAS operation during a National
Level emergency.
11.55 EAS operation during a State or Local
Area emergency.
Subpart E—Tests
Brief Description: These rules describe EAS
testing protocols for all participating entities.
Need: Regular testing of EAS equipment
will ensure operational readiness in the event
of an emergency.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.61 Tests of EAS procedures.
Part 13—Commercial Radio Operators
Brief Description: The part 13 rules
prescribe the manner and conditions under
which commercial radio operators are
licensed by the Commission.
Need: These rules identify the different
classes of commercial radio operator licenses
and permits, set forth eligibility
requirements, and establish a regulatory
framework for the privatized commercial
radio operator license examination process.
They are necessary to ensure that certain
tasks pertaining to the operation and
maintenance of radio equipment used in the
maritime, aviation, and international fixed
public radio communication services are
performed only by qualified persons, and to
ensure the integrity of the examination
process by which such qualifications are
established.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
13.1 Basis and purpose.
13.3 Definitions.
13.5 Licensed commercial radio operator
required.
13.7 Classification of operator licenses and
endorsements.
13.8 Authority conveyed.
13.9 Eligibility and application for new
license or endorsement.
13.10 Licensee address.
13.11 Holding more than one commercial
radio operator license.
13.13 Application for a renewed or
modified license.
13.15 License term.
13.17 Replacement license.
13.19 Operator’s responsibility.
13.201 Qualifying for a commercial
operator license or endorsement.
13.203 Examination elements.
13.207 Preparing an examination.
13.209 Examination procedures.
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13.211 Commercial radio operator license
examination.
13.213 COLEM qualifications.
13.215 Question pools.
13.217 Records.
Part 15—Radio Frequency Devices
Subpart B—Unintentional Radiators
Brief Description: This rule specifies the
isolation standards for TV interface device
antenna transfer switches.
Need: This rule prevents excessive leakage
through the TV broadcast antenna of signals
generated by TV interface devices, reducing
the potential that harmful interference would
be caused to television broadcast reception
and other radio services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544A.
Section Number and Title:
15.115(c)(1)(i) TV interface devices,
including cable system terminal devices.
Brief Description: This rule specifies the
isolation standards for switches that are used
to alternate between cable service and a TV
broadcast antenna.
Need: This rule prevents excessive leakage
through the TV broadcast antenna of signals
generated by a cable system terminal devices,
reducing the potential that harmful
interference would be caused to television
broadcast reception and other radio services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544A.
Section Number and Title:
15.115(h) TV interface devices, including
cable system terminal devices.
Brief Description: This rule specifies the
standards for closed caption reception that is
required for all analog TV broadcast receivers
with picture screens 13 inches or larger.
Need: Absent this regulation, analog TV
broadcast receivers would not be required to
display closed caption transmissions.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544A.
Section Number and Title:
15.119 Closed caption decoder
requirements for analog television
receivers.
Subpart C—Intentional Radiators
Brief Description: These rules specify the
emission standards and frequencies of
operation for cordless telephones that operate
in the 46–50 MHz band.
Need: These rules permit cordless
telephones to operate without individual
licensing in the 46–50 MHz band.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544A.
Section Number and Title:
15.233 Operation within the bands 43.71–
44.49 MHz, 46.60–46.98 MHz, 48.75–
49.51 MHz and 49.66–50.0 MHz.
Part 18—Industrial, Scientific and Medical
Equipment
Brief Description: This rule specifies the
definition for non-consumer Magnetic
Resonance Equipment (MRE), which is a
category of Industrial, Scientific and Medical
(ISM) equipment in which radio frequency
(RF) energy is used to create images and data
representing spatially resolved density of
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transient atomic resources within an object.
MRE devices are still used extensively in
health care facilities today.
Need: In adopting the statutory definition
for MRE devices, the rule clarifies the type
of ISM devices that would be subject to
specific requirements of part 18 of the
Commission’s rules, as enumerated in section
18.121, infra. Part 18 sets forth requirements
designed to minimize the potential for
interference to radio and TV services from
ISM equipment. ISM equipment generates RF
energy in order to perform a noncommunications related function. Common
examples of consumer ISM devices are
microwave ovens and RF lighting devices.
Common examples of non-consumer ISM
devices include industrial heaters and
ultrasonic equipment. Before ISM equipment
can be marketed in the United States, it must
comply with the technical standards and
equipment authorization procedure specified
in part 18 of the Commission’s rules.
Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304
and 307.
Section Number and Title:
18.107(j) Definitions, Magnetic Resonance
Equipment.
Brief Description: This rule relates to the
exemptions from the part 18 requirements for
non-consumer ultrasonic equipment or nonconsumer magnetic resonance equipment
(MRE) used for medical diagnostic and
monitoring applications. MRE is a category of
Industrial, Scientific and Medical (ISM)
equipment in which RF energy is used to
create images and data representing spatially
resolved density of transient atomic
resources within an object. MRE devices are
still used extensively in health care facilities
today.
Need: This rule already existed for nonconsumer ultrasonic equipment, which are
only subject to certain sections of part 18 of
the Commission’s rules. The adopted change
to the rule (as published in 59 FR 39472)
applied the same exemptions for nonconsumer ultrasonic equipment to the thennew category of non-consumer MRE devices
(as defined in section 18.107(j), supra.) This
rule in effect exempts non-consumer MRE
devices from the part 18 technical standards
and authorization requirements in order to
remove regulations that unnecessarily
increase the amount of time and cost
required to bring these new non-consumer
MRE devices to market. However, the rule
retains certain critical part 18 standards
applicable to MRE devices, such as general
importation requirements and frequencies
available for ISM use.
Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304
and 307.
Section Number and Title:
18.12 Exemptions.
Note: In 1995, Section 18.121 was
editorially revised to correct the omission of
the word ‘‘ONLY’’ in the above adopted rule.
As published in the CFR, the final
regulations contained errors that might have
proven to be misleading and were in need of
correction (see 60 FR 47302)(September 12,
1995.) This rule revision is not substantive.
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Part 25—Satellite Communications
Subpart B—Applications and Licenses
Brief Description: This subpart includes
procedures for the filing of earth station
applications. The information requirements
in these rules allow for frequency
coordination analysis to reduce interference
and the verification of earth station antenna
performance standards. Provisions in subpart
B also provide for the timely construction
and operation of earth stations.
Need: To establish proper procedures for
submitting the correct information for filing
earth station applications.
Legal Basis: 47 U.S.C. 154. Interprets or
applies 47 U.S.C. 701–744.
Section Number and Title:
25.130 Filing requirements for transmitting
earth stations.
25.132 Verification of earth station antenna
performance standards.
25.133 Period of construction; certification
of commencement of operation.
25.135 Licensing provisions for earth
station networks in the non-voice, nongeostationary mobile-satellite service.
Brief Description: This subpart includes
rules to facilitate coordination to avoid
harmful interference to other satellite
systems. These rules also outline conditions
for qualification as an applicant, which
enhances the likelihood that the proposed
systems will be constructed, launched, and
operated if licensed.
Need: To establish proper procedures for
submitting the correct information for filing
space station applications.
Legal Basis: 47 U.S.C. 154. Interprets or
applies 47 U.S.C. 701–744.
Section Number and Title:
25.142 Licensing provisions for the nonvoice, non-geostationary mobile-satellite
service.
25.143 Licensing provisions for the 1.6/2.4
GHz mobile-satellite service and 2 GHz
mobile-satellite service.
Brief Description: This subpart includes
well-defined procedures for processing
applications including the requirement for
public notice.
Need: To establish proper procedures for
submitting the correct information for filing
space station applications and to allow for
public notice of such applications.
Legal Basis: 47 U.S.C. 154, 301,302, 303,
307, 309, 332.
Section Number and Title:
25.151 Public notice period.
Subpart C—Technical Standards
Brief Description: This subpart provides
clear and predictable technical standards to
minimize interference.
Need: To provide space station and earth
station operators a universal set of standards
and operating procedures.
Legal Basis: 47 U.S.C. 154, 701–744.
Interprets or applies 47 U.S.C. 303.
Section Number and Title:
25.201 Definitions.
25.202 Frequencies, frequency tolerance
and emission limitations.
25.203 Choice of sites and frequencies.
25.204 Power limits.
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25.208 Power flux density limits.
25.209 Antenna performance standards.
25.210 Technical requirements for space
stations in the Fixed-Satellite Service.
25.211 Video transmissions in the FixedSatellite Service.
25.212 Narrowband transmissions in the
12/14 GHz GSO Fixed-Satellite Service.
25.213 Inter-Service coordination
requirements for the 1.6/2.4 GHz MobileSatellite Service.
Subpart D—Technical Operations
Brief Description: This subpart provide
clear and predictable operating rules to
minimize interference.
Need: To provide space station and earth
station operators a universal set of standards
and operating procedures.
Legal Basis: 47 U.S.C. 154, 701–744.
Section Number and Title:
25.271 Control of transmitting stations.
25.272 General inter-system coordination
procedures.
25.273 Duties regarding space
communications transmissions.
25.274 Procedures to be followed in the
event of harmful interference.
25.275 Particulars of operation.
25.276 Points of communication.
25.277 Temporary fixed earth station
operations.
25.278 Additional Coordination Obligation
for Non-Geostationary and Geostationary
Satellite Systems in Frequencies
Allocated to the Fixed-Satellite Service.
25.279 Inter-satellite service.
Subpart I—Equal Employment Opportunities
Brief Description: Section 25.601 requires
entities that use a fixed satellite service or
direct broadcast satellite service facility to
provide video programming to the public on
a subscription basis to comply with the equal
opportunity requirements set forth in part 76
of the Commission’s rules.
Need: To implement the equal opportunity
provisions of the Cable Television Consumer
Protection and Competition Act of 1992.
Legal Basis: 47 U.S.C. 154. Interprets or
applies 47 U.S.C. 701–744, 554.
Section Number and Title:
25.601 Equal employment opportunity
requirements.
Part 27—Miscellaneous Wireless
Communications Services
Subpart M—Broadband Radio Service and
Educational Broadband Service
Brief Description: These rules state the
conditions under which spectrum is made
available and licensed for the provision of
the Broadband Radio Service and the
Educational Broadband Service (previously
the Multipoint Distribution Service and
Instructional Television Fixed Service,
respectively) in the 2495–2690 MHz band.
These four rules were originally published in
part 21.
Need: These rules provide a regulatory
framework for the Broadband Radio Service
and Educational Broadband Service,
particularly with respect to licensing and
auctions.
Legal Basis: 47 U.S.C. 154, 301, 302, 303,
307, 309, 332, 336, 337.
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Section Number and Title:
27.1201(a)(3) EBS eligibility.
27.1208 Service areas.
27.1212 License term.
27.1213 Designated entity provisions for
BRS in Commission auctions
commencing prior to January 1, 2004.
Part 43—Reports of Communication
Common Carriers and Certain Affiliates
Brief Description: The rule sets forth the
requirements and procedures for carriers to
file information on how U.S. international
carriers use their circuits.
Need: The rule provides essential data that
enables the Commission to discharge its
obligations to authorize the construction and
use of international common carrier
transmission facilities. The information is
used by the agency and industry to determine
whether an international common carrier is
providing direct or indirect service to
countries and to assess industry trends in the
use of international transmission facilities.
The data is extremely valuable because it is
not available from any other source.
Legal Basis: 47 U.S.C. 154, 214, 219, 303,
403.
Section Number and Title:
43.82 International Circuit Status Reports.
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. Part 61 rules also
establish the pricing rules and related
requirements that apply to incumbent local
exchange carriers.
Need: Section 61.33(e) requires all letters
of transmittal for 14-day tariff filings to
include an address and designated individual
for personal service and a number for
facsimile service. Sections 61.39(d) and
61.39(e) give smaller carriers providing
service primarily to rural areas optional
regulatory reforms that compliment the price
cap system. These reforms are intended to
reduce administrative burdens and increase
flexibility, while continuing to ensure high
service quality and universal service at
reasonable rates. Sections 61.42(e)(1)(iii) and
61.42(e)(1)(iv) establish the price cap baskets
for 800 data base access services and for
billing name and address information.
Legal Basis: 47 U.S.C. 154, 201–205, and
403.
Section Number and Title:
61.33(e) Letters of transmittal.
61.39 Optional supporting information to
be submitted with letters of transmittal
for Access Tariff filings effective on or
after April 1, 1989, by local exchange
carriers serving 50,000 or fewer access
lines in a given study area that are
described as subset 3 carriers in 69.602.
61.42 Price cap baskets and service
categories.
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Part 64—Miscellaneous Rules Relating to
Common Carriers
Subpart F—Telecommunications Relay
Services and Related Customer Premises
Equipment for Persons With Disabilities.
Brief Description: Part 64, subpart F
implements section 225 of the
Communications Act of 1934, as amended.
Section 225 codifies Title IV of the
Americans with Disabilities Act of 1990
(ADA) which requires that the Commission
ensure that telecommunications relay
services (TRS) are available, ‘‘to the extent
possible and in the most efficient manner,’’
to individuals with hearing or speech
disabilities in the United States. Section 225
defines TRS as telephone transmission
services that make it possible for an
individual with a hearing or speech disability
to engage in communication by wire or radio
with a hearing individual in a manner
functionally equivalent to that available to
persons who do not have such a disability.
The rules provide minimal functional,
operational, and technical standards for TRS
programs. The rules give states a significant
role in ensuring the availability of TRS by
treating carriers as compliant with their
statutory obligations if they operate in a state
that has a relay program certified as
compliant by the Commission. The rules also
establish a cost recovery and a carrier
contribution mechanism (TRS Fund) for the
provision of interstate TRS and require states
to establish cost recovery mechanisms for the
provision of intrastate TRS.
Need: Part 64, subpart F is intended to
facilitate communication by persons with
hearing or speech disabilities by ensuring
that interstate and intrastate TRS are
available throughout the country, and by
ensuring uniform minimum functional,
operational, and technical standards for TRS
programs. The TRS rules ensure that
individuals with hearing or speech
disabilities receive the same quality of
service when they make TRS calls, regardless
of where their calls originate or terminate.
Legal Basis: 47 U.S.C. 225.
Section Number and Title:
64.604(a)(2) Operational Standards,
Confidentiality and conversation
content.
64.604(c)(ii) Jurisdictional separation of
costs, Cost Recovery, 47 CFR.
64.604(c)(iii) Jurisdictional separation of
costs, TRS Fund.
Subpart K—Changes in Preferred
Telecommunications Service Providers
Brief Description: Part 64, subpart K
implements section 258 of the
Communications Act of 1934, as amended by
the Telecommunications Act of 1996. This
section provides the Commission authority to
deter and punish ‘‘slamming,’’ the
submission or execution of an unauthorized
change in a subscriber’s selection of a
provider of telecommunications service. The
rules prescribe verification procedures for
telecommunications carriers to use in
confirming subscribers’ decisions to change
telecommunications carriers. A carrier that
fails to comply with the Commission’s
verification procedures is liable to the
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subscriber’s authorized carrier for all
amounts paid by the subscriber after the
violation. The rules absolve subscribers of
liability for charges billed by unauthorized
carriers in certain cases, impose liability on
unauthorized carriers for all charges
collected from subscribers, and establish
procedures to govern preferred carrier
freezes.
In 1992 the Commission first adopted rules
requiring interexchange carriers to obtain
verification from customers acquired through
telemarketing before submitting a preferred
interexchange carrier change order to a local
exchange carrier (LEC). Verification could be
in one of four allowable forms: (1) Written
authorization; (2) electronic authorization,
i.e., by placing a call to an 800 number
established to obtain verification; (3) oral
authorization taken by an independent third
party; and (4) sending of a ‘‘welcome
package’’ including a prepaid postcard usable
to deny, cancel or confirm a change order.
The Commission subsequently revised these
rules, then numbered 47 CFR 64.1100 and
now numbered 47 CFR 64.1100–64.1196,
several times in response to consumer
complaints and industry changes.
In 1995, the Commission established
requirements for the form and content of the
written authorization or Letter of Agency
(LOA) used to verify a change, and
prohibited ‘‘negative option’’ LOAs that
demanded an affirmative act by the customer
to prevent a change. The Commission again
revised the rules in 1999 in response to a
provision of the Telecommunications Act of
1996 making it unlawful to ‘‘submit or
execute a change in a subscriber’s selection
of a provider of telephone exchange service
or telephone toll service except in
accordance with such verification procedures
as the Commission shall prescribe.’’ In
addition to absolving subscribers from
liability for certain slamming charges, the
revised rules: (1) Extended the verification
requirements to all telecommunications
carriers; (2) toughened the LOA requirements
and eliminated the ‘‘welcome package’’; (3)
set rules for ‘‘preferred carrier freezes’’
requiring the customer to contact the LEC to
consent to a change; and (4) allowed states
to establish their own rules for intrastate
presubscription. Many of these revised rules
did not take effect until 2000 due to petitions
for stay and waiver.
In 2001, the Commission amended the
rules to permit LOAs submitted via the
internet, expanded registration requirements
for interstate telecommunications carriers,
and provided for a streamlined process in
situations involving carrier-to-carrier sale or
transfer of subscriber bases. Finally, in 2003
the Commission clarified that LECs executing
carrier change requests can be held liable for
unauthorized carrier changes to their
affiliates, and modified the ‘‘drop-off’’
requirement to allow sales agents, in certain
circumstances, to remain silently on the line
during verification.
Need: Part 64, subpart K attempts to
eliminate the fraudulent practice of
‘‘slamming,’’ foster consumer choice, and
facilitate competition in the market for
telecommunications services. Establishing
verification requirements, liability rules, and
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complaint resolution procedures assists the
Commission in preventing slamming.
Legal Basis: 47 U.S.C. 258.
Section Number and Title:
64.1100 Definitions.
64.1110 State notification of election to
administer FCC rules.
64.1120 Verification of orders for
telecommunications service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of
unauthorized changes in preferred
carrier.
64.1160 Absolution procedures where the
subscriber has not paid charges.
64.1170 Reimbursement procedures where
the subscriber has paid charges.
64.1190 Preferred carrier freezes.
64.1195 Registration requirement.
Subpart L—Restrictions on Telemarketing
and Telephone Solicitation
Brief Description: Part 64, subpart L
implements Section 227 of the
Communications Act of 1934 as amended.
Section 227 codifies the Telephone
Consumer Protection Act of 1991 (TCPA),
which was enacted to address certain
telemarketing practices thought to be an
invasion of consumer privacy and a risk to
public safety. The TCPA imposes restrictions
on the use of automatic telephone dialing
systems (autodialers), artificial or
prerecorded messages, and telephone
facsimile machines, and requires the
Commission to adopt rules to implement
these protections. Pursuant to the
Commission’s rules implementing the TCPA,
a person or entity engaged in telemarketing
is required to maintain a record of a called
party’s request not to receive future
solicitations for a period of five years.
Telemarketers must develop and maintain
written policies for maintaining their lists,
and they are required to inform their
employees of the list’s existence and train
them to use the list. The rules prohibit
telemarketers from calling residential
telephone subscribers before 8 a.m. or after
9 p.m. and require telemarketers to identify
themselves to called parties.
The Commission first adopted rules to
implement the TCPA in 1992, and amended
them in 1995 to prohibit telemarketers from
providing a 900 number or any other number
for which charges exceed local or long
distance transmission charges for purposes of
identification. In 2003, the Commission
further amended the TCPA rules to establish,
in conjunction with the FTC, a national DoNot-Call Registry (Registry) for consumers
who wish to avoid telemarketing calls. The
Registry is nationwide in scope, includes all
telemarketers (with the exception of certain
non-profit organizations) and covers both
interstate and intrastate telemarketing calls.
The Commission also adopted restrictions on
the use of predictive dialers, and tightened
existing rules on unsolicited faxes to require
that companies obtain express permission in
writing before sending unsolicited facsimile
advertisements. Most recently, the
Commission delayed the effective date of the
written consent requirement for sending
unsolicited facsimile advertisements until
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July 1, 2005, created a limited ‘‘safe harbor’’
from liability for placing autodialed and
prerecorded message calls when such calls
are made to a wireless number ported from
a wireline service within the previous 15
days, and required telemarketers to access
the Do-Not-Call Registry and scrub their call
lists every 31 days rather than every three
months.
Need: Part 64, subpart L is intended to
protect subscriber privacy and public safety
without unnecessarily restricting legitimate
telephone marketing and sales.
Legal Basis: 47 U.S.C. 227.
Section Number and Title:
64.1200, generally, 64.1200(e)(2)(iv), (vi) and
(f)(3)(iii) Delivery Restrictions.
Brief Description: This rule imposes
restrictions on the use of billing name and
address information by telecommunications
service providers and their authorized billing
and collection agents. Section 64.1201
requires local exchange carriers (LECs) to
provide interstate common carriers nondiscriminatory access to the billing name and
address (BNA) of LEC subscribers who use a
LEC calling card or authorize collect and
third party calls to pay for a carrier’s services.
The rule also includes safeguards protecting
the privacy interests of end users.
Need: The Commission adopted this rule to
limit billing name and address disclosure to
telecommunications service providers and to
prohibit use of billing name and address
information for purposes other than billing
for telecommunications services. This rule is
designed to protect the privacy of end users.
Legal Basis: 47 U.S.C. 154, 201–205.
Section Number and Title:
64.1201 Restrictions on billing name and
address disclosure.
Subpart N—Expanded Interconnection
Brief Description: This rule requires that
larger incumbent local exchange carriers
(LECs) that do not participate in the National
Exchange Carrier Association tariff provide
expanded interconnection. Subpart N
requires that these incumbent LECs allow
other parties to interconnect with their
networks through physical or virtual
collocation for the provision of special access
and switched transport services. Interested
parties including competitive LECs,
interexchange carriers and end users can take
expanded interconnection from the
incumbent LECs subject to this rule.
Need: This rule promotes competition in
the provision of interstate services by
removing barriers to competitive provision of
special access and switched transport
services. In particular, subpart N makes
collocation available to parties not covered
by part 51 of the Commission’s rules such as
large businesses and universities.
Legal Basis: 47 U.S.C. 151, 154, and 201–
205.
Section Number and Title:
64.1401 Expanded Interconnection.
Subpart O—Interstate Pay-Per-Call and Other
Information Services
Brief Description: Part 64, subpart O
implements section 228 of the
Communications Act of 1934, as amended.
Subpart O mandates that common carriers
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assigning telephone numbers to providers of
interstate pay-per-call services require that
the provider comply with the subpart O rules
as well as certain other laws and regulations.
Subpart O restricts the provision of pay-percall services over 800 and ‘‘toll free’’
numbers and bars the provision of interstate
pay-per-call services on a collect basis. It
provides for 900 service access code
assignment to pay-per-call services, and
requires local exchange carriers to offer
subscribers the option of blocking access to
900 numbers from their telephones. Subpart
O establishes conditions for common carrier
provision of billing and collection for payper-call services and bars the disconnection
or interruption of local exchange or longdistance service for the non-payment of
charges for interstate pay-per-call and certain
information services.
In 1993, the Commission promulgated the
pay-per-call rules summarized above to
implement the Telephone Disclosure and
Dispute Resolution Act and replace prior
pay-per-call rules adopted in 1991. In 1996,
the Commission amended the rules to
incorporate expanded consumer protections
enacted in the Telecommunications Act of
1996. These additional protections included
a prohibition on charging callers for calls to
toll-free numbers without a written
presubscription agreement, a requirement for
use of personal identification numbers to
prevent unauthorized access, and certain
required billing disclosures. The amended
rules also permitted alternatives to written
presubscription such as payment by prepaid
account, debit, credit, charge, or calling card.
In July 2004, the Commission released a
Notice of Proposed Rulemaking seeking
comment on possible modifications to
address circumvention of the pay-per-call
rules.
Need: Part 64, subpart O is intended both
to promote the legitimate development of
pay-per-call services and protect consumers
from the fraudulent or unscrupulous
provision of pay-per-call services.
Legal Basis: 47 U.S.C. 228.
Section Number and Title:
64.1501 Definitions.
64.1502 Limitations on the provision of
pay-per-call services.
64.1503 Termination of pay-per-call and
other information programs.
64.1504 Restrictions on the use of toll-free
numbers.
64.1505 Restrictions on collect telephone
calls.
64.1506 Number designation.
64.1507 Prohibition on disconnection or
interruption of service for failure to remit
pay-per-call and similar service charges.
64.1508 Blocking access to 900 service.
64.1509 Disclosure and dissemination of
pay-per-call information.
64.1510 Billing and collection of pay-percall and similar service charges.
64.1511 Forgiveness of charges and refunds.
64.1512 Involuntary blocking of pay-percall services.
64.1513 Verification of charitable status.
64.1514 Generation of signaling tones.
64.1515 Recovery of costs.
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Subpart P—Calling Party Telephone Number;
Privacy
Brief Description: The requirements in part
64, subpart P are based on the Commission’s
authority under sections 1, 4, 201–205, and
218 of the Communications Act of 1934, as
amended. Subpart P covers Calling Party
Number (CPN) services, including ‘‘Caller
ID,’’ which depend on capabilities that use
out-of-band signaling techniques such as
‘‘Signaling System Seven (SS7).’’ Subpart P
provides that common carriers using SS7
must, subject to certain exceptions, transmit
the CPN associated with interstate calls to
interconnecting carriers without additional
charge. Originating carriers using SS7 must
recognize *67 as a caller’s request for privacy
when dialed as the first three digits of an
interstate call. Carriers providing line
blocking services are required to recognize
*82 as a caller’s request that privacy not be
provided and that the CPN be passed on an
interstate call. Subpart P requires carriers to
notify customers of their *67 and * 82
capabilities and restricts the use of telephone
subscriber information. Finally subpart P
restricts the reuse or sale of telephone
numbers by subscribers to Automatic
Number Identification (ANI) absent
affirmative subscriber consent.
The Commission adopted the CPN rules in
1994, but stayed the effective date of portions
of the rules regarding CPN passage, privacy,
and education in March 1995. In May 1995,
the Commission amended the rules to resolve
uncertainties regarding financial
arrangements and varying state privacy
rights, and to prescribe an education program
to support consumer use of Caller ID
services. In 1997, the Commission amended
the rules to exempt payphones from blocking
and unblocking requirements, and to require
private branch exchanges (PBXs) to provide
blocking and unblocking if they passed CPN
to the public switched network. In 2003, the
Commission amended the rules to prohibit
telemarketers from blocking Caller ID
information.
Need: The purpose of part 64, subpart P is
to protect subscriber privacy while fostering
the development of new and innovative
services.
Legal Basis: 47 U.S.C. 1, 4, 201–205, 218.
Section Number and Title:
64.1600 Definitions.
64.1601 Delivery requirements and privacy
restrictions.
64.1602 Restrictions on use and sale of
telephone subscriber information
provided pursuant to automatic number
identification or charge number services.
64.1603 Customer notification.
64.1604 Effective date.
Part 65—Interstate Rate of Return
Prescription Procedures and Methodologies
Subpart C—Exchange Carriers
Brief Description: Part 65 sets forth
procedures and methodologies for
prescribing and enforcing the rate of return
certain LECs may earn on interstate access
service. These rules establish that the
composite weighted average cost of capital is
the sum of the cost of debt, the cost of
preferred stock, and the cost of equity, each
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weighted by its proportion in the capital
structure of the telephone companies, and
the final determinations of the cost of equity,
cost of debt, cost of preferred stock and their
capital structure weights shall be accurate to
two decimal places.
Need: The continued use of the weighted
average cost of capital calculation allows us
to estimate the cost of capital for LEC
interstate access service. Previous cost of
capital calculations were required to be
carried out to the eighth decimal place. We
stated that this degree of specificity was
unnecessary and concluded that cost of
capital calculations need only be carried out
to two decimal places.
Legal Basis: 47 U.S.C. 151, 154, 201–205,
218–220, 403.
Section Number and Title:
65.305 Calculation of the weighted average
cost of capital.
65.306 Calculation accuracy.
Subpart F—Maximum Allowable Rates of
Return
Brief Description: This rule establishes that
the maximum allowable rate of return for
rates filed by LECs subject to 61.50 shall be
determined by adding a fixed increment of
one and one-half percent to the carriers
prescribed rate of return.
Need: In designing an optional incentivebased regulatory system for the smaller
carriers, we proposed to establish an earnings
band similar to the price cap earnings band.
In the Notice of Proposed Rulemaking
(NPRM), the Commission proposed that
incentive plan LECs be permitted to earn up
to 1 percent (100 basis points) above the
prescribed rate of return. In the final rule, to
better balance the risks and rewards of the
incentive plan, the Commission increased the
permissible earnings zone for incentive plan
carriers from a 100 to a 150 basis point
maximum.
Legal Basis: 47 U.S.C. 51, 154, 201–205,
218–220, 403.
Section Number and Title:
65.700(c) Determining the maximum
allowable rate of return.
Part 68—Connection of Terminal Equipment
to the Telephone Network
Subpart A—General
Brief Description: Part 68 implements the
Hearing Aid Compatibility Act of 1988 (HAC
Act). The HAC Act requires that, unless
exempt, all essential telephones and all
telephones manufactured in or imported into
the United States after August 16, 1989 must
‘‘provide internal means for effective use
with hearing aids that are designed to be
compatible with telephones which meet
established technical standards for hearing
aid compatibility.’’ The scope of this
discussion is limited to part 68 as it applies
to telephone compatibility with hearing aids.
Need: Part 68 establishes conditions for
direct connection to the network of registered
terminal equipment to prevent network harm
and ensure that telephones are compatible
with hearing aids. The purpose of part 68 is,
in part, to provide for uniform standards for
the compatibility of hearing aids and
telephones to ensure that persons with
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hearing aids have reasonable access to the
telephone network.
Legal Basis: 47 U.S.C. 151–154, 201–205,
303(r), 610.
Section Number and Title:
68.3 Definitions.
Subpart D—Conditions for Terminal
Equipment Approval
Brief Description: Among its many
provisions, part 68 includes certain
requirements for terminal equipment which
implement the Telephone Consumer
Protection Act of 1991 (TCPA). Congress
enacted the TCPA in an effort to address
telephone marketing calls and certain
telemarketing practices thought to be an
invasion of consumer privacy and a risk to
public safety. The TCPA imposes, among
other things, certain restrictions on the use of
automatic dialing machines and the use of
telephone facsimile machines to send
unsolicited advertisements. These
restrictions include a requirement that
addresses line seizure by automatic
telephone dialing systems and a requirement
that all facsimile transmissions include
source labeling (47 CFR 68.318(c) and
68.318(d) respectively).
In 1995, the Commission amended
§ 68.318(c) to prohibit senders of unsolicited
facsimiles from providing a 900 number or
any other number for which charges exceed
local or long distance transmission charges
for purposes of identification. In 1997, the
Commission redesignated § 68.318(c) as
§ 68.318(d), and added a new § 68.318(c)
restricting the use of automatic dialers. In
2003, the Commission amended § 68.318(d)
to require a facsimile broadcaster with a high
degree of involvement in a sender’s facsimile
message to provide on the facsimile the name
under which it is registered to conduct
business with the State Corporation
Commission or comparable regulatory
authority.
Need: The purpose of §§ 68.318(c) and
68.318(d) is to implement the TCPA to
address telephone marketing calls and
certain telemarketing practices related to the
sending of unsolicited facsimile
advertisements thought to be an invasion of
consumer privacy and a risk to public safety.
Legal Basis: 47 U.S.C. 227.
Section Number and Title:
68.318(c)–(d) Additional limitations.
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 local exchange
carriers by ensuring that rates are just,
reasonable, and not unjustly or unreasonably
discriminatory. These rules also provide
definitions for terms used in rules.
Need: Sections 69.2(uu) and (vv) define the
terms ‘‘price cap regulation’’ and ‘‘signalling
for tandem switching’’ and are essential for
the implementation and understanding of
other rule sections. Section 69.4(b)(9) was
added to help correct the misallocation of
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general support facility investment and
related expenses among the part 69 cost
categories for local exchange carriers.
Legal Basis: 47 U.S.C. 154, 201, 202, 203,
205, 218, 403.
Section Number and Title:
69.2 Definitions.
69.4 Charges to be filed.
Subpart B—Computation of Charges
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 by
ensuring that rates are just, reasonable, and
not unjustly or unreasonably discriminatory.
Need: Sections 69.110(f)–(h) were adopted
to allow telephone companies to offer term
and volume discounts for entrance facilities
charges after certain conditions are met.
Sections 69.111(i)–(k) were adopted to grant
LECs additional flexibility in the form of
density zone pricing, and volume and term
discounts. Section 69.112(e) was adopted to
provide LECs that did not have DS3 or DS1
special access rates in effect a means to
determine appropriate rates. Sections
69.112(f)–(h) were adopted to allow
telephone companies to offer term and
volume discounts in direct-trunked transport
charges after meeting certain conditions.
Section 69.123(d) was adopted to grant LECs
additional flexibility in the form of density
zone pricing, and volume and term
discounts. Section 69.128 enables
telecommunications service providers
without billing and collection agreements
with LECs to perform their own billing and
collection, thus improving competition in the
market for billing and collection services.
Section 69.129 was adopted to enable
interested third parties, including
competitive access providers, interexchange
carriers (IXCs), and end users to carry traffic
of multiple IXCs from local exchange carrier
end offices to their own tandems, switch
traffic at that point, and deliver the traffic to
the appropriate IXC.
Legal Basis: 47 U.S.C. 154, 201, 202, 203,
205, 218, 403.
Section Number and Title:
69.110 Entrance facilities.
69.111 Tandem-switched transport and
tandem charge.
69.112 Direct-trunked transport.
69.123 Density pricing zones for special
access and switched transport.
69.128 Billing name and address.
69.129 Signalling for tandem switching.
Subpart D—Apportionment of Net
Investment
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 local exchange
carries by ensuring that rates are just,
reasonable, and not unjustly or unreasonably
discriminatory.
Need: Section 69.307(b) was adopted to
enable telecommunications service providers
without billing and collection agreements
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with local exchange carriers to perform their
own billing and collection, thus improving
competition in the market for billing and
collection services.
Legal Basis: 47 U.S.C. 154, 220.
Section Number and Title:
69.307(b) General support facilities.
Subpart E—Apportionment of Expenses
Brief Description: The part 69 rules are
designed to implement the provisions of
Sections 201 and 202 of the Communications
Act and protect consumers by preventing the
exercise of market power by incumbent local
exchange carriers by ensuring that rates are
just, reasonable, and not unjustly or
unreasonably discriminatory.
Need: Section 69.407(c) was adopted to
assign a portion of Customer Operations
Expense to the Billing Name and Address
rate element.
Legal Basis: 47 U.S.C. 154, 220.
Section Number and Title:
69.407(c) Revenue accounting expenses in
Account 6620.
Subpart G—Exchange Carrier Association
Brief Description: The part 69 rules also
provide for the establishment and operation
of the National Exchange Carrier Association
(NECA), which files tariffs on behalf of many
of the smaller, rate-of-return local exchange
carriers.
Need: Section 69.601(c) was adopted to
ensure that data provided by the member
telephone companies to NECA are complete,
accurate, and consistent with FCC rules.
Legal Basis: 47 U.S.C. 154, 201, 202, 203,
205, 218, 403.
Section Number and Title:
69.601(c) Exchange carrier association.
Part 73—Radio Broadcast Services
Subpart H—Rules Applicable to All
Broadcast Stations
Brief Description: These rules describe
authority to rebroadcast emergency
communications and priority for EAS
broadcasts at the national level.
Need: In setting priority for national EAS
messaging and allowing for rebroadcast of
emergency communications, these rules
facilitate the EAS process.
Legal Basis: 47 U.S.C. 154, 303, 334, and
336.
Section Number and Title:
73.1207 Rebroadcasts.
73.1250 Broadcasting emergency
information.
Brief Description: These rules provide
compliance and authorization provisions for
all broadcast services.
Need: These rules prescribe common
operating procedures for all broadcast
services.
Legal Basis: 47 U.S.C. 154, 303 and 304.
Section Number and Title:
73.1300 Unattended station operation.
73.1350 Transmission system operation.
Brief Description: Under section 73.3545 of
the Commission’s rules and section 325(c)
the Communications Act of 1934, as
amended, FCC Form 308 is used to apply for
authority to locate, use, or maintain a studio
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in the United States for the purpose of
supplying program material to a foreign radio
or TV broadcast station, whose signals are
consistently received in the United States, or
for extension of existing authority. An
informal application for a permit of this
nature may also be used by applicants
holding an AM, FM or TV broadcast station
license or construction permit, so long as
applications contain a description of the
nature and character of the programming
proposed, the applicant’s ownership, and an
explanation of the legal relationship between
the applicant and foreign station(s) involved.
Need: Protects domestic broadcasters from
interference from foreign station (i.e., TV,
AM and FM).
Legal Basis: 47 U.S.C. 325.
Section Number and Title:
73.3545 Application for permit to deliver
programs to foreign stations.
Part 76—Multichannel Video and Cable
Television Service
Subpart D—Carriage of Television Broadcast
Signals
Brief Description: These rules provide for
the carriage of television broadcast signals on
cable television systems.
Need: These rules implement sections 4
and 5 of the Cable Television Consumer
Protection and Competition Act of 1992.
Legal Basis: 47 U.S.C. 154(i), 154(j), and
303.
Section Number and Title:
76.55 Definitions applicable to the mustcarry rules.
76.56 Signal carriage obligations.
76.57 Channel positioning.
76.59 Modification of television markets.
76.61 Disputes concerning carriage.
76.62 Manner of carriage.
76.64 Retransmission consent.
Subpart H—General Operating Requirements
Brief Description: These rules prescribe
customer service standards for cable
operators.
Need: These rules implement section 8 of
the Cable Television Consumer Protection
and Competition Act of 1992.
Legal Basis: 47 U.S.C. 154(i), 154(j), and
303.
Section Number and Title:
76.309 Customer service obligations.
Subpart J—Ownership of Cable Systems
Brief Description: These rules restrict the
ownership interests of cable operators and
their ability to own or control video
programming services.
Need: These rules provide for diversity in
the ownership of cable television systems
and video programming providers.
Legal Basis: 47 U.S.C. 154(i), 154(j), and
303(r).
Section Number and Title:
76.501 Cross-ownership.
76.502 Time limits applicable to franchise
authority consideration of transfer
applications.
76.503 National subscriber limits.
76.504 Limits on carriage of vertically
integrated programming.
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Subpart M—Cable Inside Wiring
Brief Description: These rules allow
subscribers the opportunity to acquire cable
home wiring upon voluntary termination of
service in order to use it for alternative
providers and to avoid the disruption of
having the wiring removed.
Need: These rules are required by section
16(d) of the Cable Television Consumer
Protection and Competition Act of 1992.
Legal Basis: 47 U.S.C. 154(i), 154(j), and
303(r).
Section Number and Title:
76.801 Scope.
Subpart N—Cable Rate Regulation
Brief Description: These rules provides for
regulation of cable rates by local franchising
authorities and the Commission.
Need: The rules ensure that subscribers
pay reasonable rates for regulated cable
services with minimum regulatory and
administrative burden on cable entities.
Legal Basis: 47 U.S.C. 154(j), 303(r), 532,
542(c), and 543.
Section Number and Title:
76.901 Definitions.
76.905 Standards for identification of cable
systems subject to effective competition.
76.906 Presumption of no effective
competition.
76.907 Petition for a determination of
effective competition.
76.910 Franchising authority certification.
76.911 Petition for reconsideration of
certification.
76.912 Joint certification.
76.913 Assumption of jurisdiction by the
Commission.
76.914 Revocation of certification.
76.916 Petition for recertification.
76.917 Notification of certification
withdrawal.
76.920—Composition of the basic tier.
76.921—Buy-through of other tiers
prohibited.
76.922—Rates for the basic service tier and
cable programming services tiers.
76.923—Rates for equipment and installation
used to receive the basic service tier.
76.924—Allocation to service cost categories.
76.925—Costs of franchise requirements.
76.930—Initiation of review of basic cable
service and equipment rates.
76.933—Franchising authority review of
basic cable rates and equipment costs.
76.934—Small systems and small cable
companies.
76.935—Participation of interested parties.
76.936—Written decision.
76.937—Burden of proof.
76.938—Proprietary information.
76.939—Truthful written statements and
responses to requests of franchising
authority.
76.940—Prospective rate reduction.
76.941—Rate prescription.
76.942—Refunds.
76.943—Fines.
76.944—Commission review of franchising
authority decisions on rates for the basic
service tier and associated equipment.
76.945—Procedures for Commission review
of basic service rates.
76.946—Advertising of rates.
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76.950—Complaints regarding cable
programming service rates.
76.951—Standard complaint form; other
filing requirements.
76.952—Information to be provided by cable
operator on monthly subscriber bills.
76.953—Limitation on filing a complaint.
76.954—Initial review of complaint;
minimum showing requirement;
dismissal of defective complaints.
76.955—Additional opportunity to file
corrected complaint.
76.956—Cable operator response.
76.957—Commission adjudication of the
complaint.
76.960—Prospective rate reductions.
76.961—Refunds.
76.962—Implementation and certification of
compliance.
76.963—Forfeiture.
76.970—Commercial leased access rates.
76.971—Commercial leased access terms and
conditions.
76.975—Commercial leased access dispute
resolution.
76.977—Minority and educational
programming used in lieu of designated
commercial leased access capacity.
76.980—Charges for customer changes.
76.981—Negative option billing.
76.982—Continuation of rate agreements.
76.983—Discrimination.
76.984—Geographically uniform rate
structure.
76.985—Subscriber bill itemization.
76.986—‘‘A la carte’’ offerings.
76.987—New product tiers.
76.990—Small cable operators.
Subpart O—Competitive Access to Cable
Programming
Brief Description: These rules prescribe
regulations that govern the access by
competing multichannel video programming
distributors to satellite cable and satellite
broadcast programming.
Need: These rules implement section 19 of
the Cable Television Consumer Protection
and Competition Act of 1992, which adds
section 628 to the Communications Act of
1934.
Legal Basis: 47 U.S.C. 152(a), 154(i), and
303(r).
Section Number and Title:
76.1000 Definitions.
76.1001 Unfair practices generally.
76.1002 Specific unfair practices
prohibited.
76.1003 Program access proceedings.
Subpart Q—Regulation of Carriage
Agreements
Brief Description: These rules govern
agreements between multichannel video
programming distributors and video
programming vendors.
Need: These rules implement section 12 of
the Cable Television Consumer Protection
and Competition Act of 1992, which adds a
new section 616 to the Communications Act
of 1934.
Legal Basis: 47 U.S.C. 152(a), 154(i), and
303(r).
Section Number and Title:
76.1300 Definitions.
76.1301 Prohibited practices.
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33425
Carriage agreement proceedings.
Part 87—Aviation Services
Subpart F—Aircraft Stations
Brief Description: This part states the
conditions under which radio stations may
be licensed and used in the aviation services.
Subpart F sets forth, among other things, the
requirements for emergency locator
transmitters (ELTs) that operate in the 406.0–
406.1 MHz band. An ELT is a transmitter of
an aircraft or a survival craft actuated
manually or automatically that is used as an
alerting and locating aid for survival
purposes.
Need: The specification of technical
requirements for 406.0–406.1 MHz ELTs is
intended to ensure that these devices, which
are vital to aviation safety, perform
effectively and reliably in transmitting
information to search and rescue personnel
in the event of an emergency.
Legal Basis: 47 U.S.C. 154, 303 and 307(e).
Section Number and Title:
87.199 Special requirements for 406.0–
406.1 MHz ELTs.
Part 90—Private Land Mobile Radio
Services
Subpart G—Applications and Authorizations
Brief Description: The part 90 rules state
the conditions under which radio
communications systems may be licensed
and used in the Public Safety, Industrial/
Business Radio Pool, and Radiolocation
Radio Services. Subpart G governs the
application procedures and terms of
authorizations in these services.
Need: The identified rule is necessary to
ensure that certain part 90 licensees have in
place an effective equal employment
opportunity program and do not discriminate
against qualified persons in employment
because of sex, race, color, religion, or
national origin.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).
Section Number and Title:
90.168 Equal employment opportunities.
Subpart I—General Technical Standards
Brief Description: The part 90 rules state
the conditions under which radio
communications systems may be licensed
and used in the Public Safety, Industrial/
Business Radio Pool, and Radiolocation
Radio Services. Subpart I sets forth the
general technical requirements for use of
frequencies and equipment in the radio
services governed by part 90.
Need: Technical standards are needed for
part 90 equipment in part to ensure that part
90 devices are interoperable and do not cause
harmful interference to other authorized
communications.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).
Section Number and Title:
90.210 Emission masks.
90.214 Transient frequency behavior.
Subpart M—Intelligent Transportation
Systems Radio Service
Brief Description: The part 90 rules state
the conditions under which radio
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communications systems may be licensed
and used in the Public Safety, Industrial/
Business Radio Pool, and Radiolocation
Radio Services. Subpart M provides rules
specific to the Intelligent Transportation
Systems Radio Service.
Need: These rules provide a regulatory
framework for the Intelligent Transportation
Systems radio service, which was established
for the purpose of integrating radio-based
technologies into the nation’s transportation
infrastructure and to develop and implement
the nation’s intelligent transportation
systems. Rules as to eligibility for licensing,
frequencies available, and any special
requirements for services in the Intelligent
Transportation Systems Radio Service are set
forth in this subpart.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).
Section Number and Title:
90.350 Scope.
90.351 Location and Monitoring Service.
90.353 LMS Operations in the 902–928
MHz band.
90.355 LMS Operations below 512 MHz.
90.357 Frequencies for LMS systems in the
902–928 MHz band.
90.359 Field Strength Limits for MTAlicensed LMS systems.
90.361 Interference from part 15 devices
[now titled, ‘‘Interference from part 15
and Amateur operations.’’]
90.363 Grandfathering provisions for
existing AVM Licensees.
Subpart S—Regulations Governing Licensing
and Use of Frequencies in the 806–824, 851–
869, 896–901, and 935–940 MHz Bands
Brief Description: The part 90 rules state
the conditions under which radio
communications systems may be licensed
and used in the Public Safety, Industrial/
Business Radio Pool, and Radiolocation
Radio Services. Subpart S sets forth the rules
governing the licensing and operations of all
systems operating in the 806–824/851–869
MHz and 896–901/935–940 MHz bands. It
includes eligibility requirements, and
operational and technical standards for
stations licensed in these bands.
Need: Among other things, these rules
establish requirements for Specialized
Mobile Radio (SMR) licensees with MTAbased service areas to ensure that such
licensees construct the authorized facilities
in a timely manner, provide substantial
service within their service areas, and do not
cause harmful interference to site-based
incumbent SMR licensees or other entities.
Legal Basis: 47 U.S.C. 54(i), 161, 303(g),
303(r), 332(c)(7).
Section Number and Title:
90.663 MTA-based SMR system operations.
90.665 Authorization, construction and
implementation of MTA licenses.
90.669 Emission limits.
90.671 Field strength limits.
Part 101—Fixed Microwave Services
Subpart C—Technical Standards
Brief Description: The part 101 Rules
prescribe the manner in which portions of
the radio spectrum may be made available for
private operational, common carrier, 24 GHz
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Service and Local Multipoint Distribution
Service fixed, microwave operations that
require transmitting facilities on land or in
specified offshore coastal areas within the
continental shelf. Subpart C governs the
technical requirements set forth for these
services.
Need: The identified rule is necessary to
promote efficient utilization of the spectrum
used for fixed microwave services.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
101.139(f) (adopted as 21.120(e)(1993))
Authorization of transmitters.
[FR Doc. 05–11170 Filed 6–7–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 00–248; FCC 05–62]
Satellite License Procedures
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: In this document, the
Commission invites comment on an offaxis equivalent isotropically radiated
power (EIRP) method for reviewing
earth station applications in the fixed
satellite service (FSS). The intended
purpose of this proceeding is to
expedite the earth station license
procedure.
Comments are due on or before
September 6, 2005. Reply comments are
due on or before October 6, 2005. The
Federal Communications Commission
will announce filing dates for written
comments by the public on the
proposed information collections in a
future Federal Register document.
ADDRESSES: You may submit comments,
identified by IB Docket No. 00–248, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission Web site: https://
www.fcc.gov/cgb/ecfs. Follow the
instructions for submitting comments.
• People with Disabilities: Contact
the FCC to request reasonable
accomodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
of phone: (202) 418–0530 or TTY: (202)
418–0432.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
DATES:
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In addition to filing comments as set
forth above, a copy of any comments on
the information collections contained
herein should be submitted to Judy
Boley Herman, Federal Communications
Commission, Room 1–C804, 445 12th
Street, SW., Washington, DC 20554, or
via the Internet to jbHerman@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Steven Spaeth, Satellite Division,
International Bureau, (202) 418–1539, or
Mark Young, Satellite Division,
International Bureau, (202) 418–0762.
This is a
summary of the Commission’s Third
Further Notice of Proposed Rulemaking,
adopted March 10, 2005 and released
March 15, 2005. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Public
Reference Room, 445 Twelfth Street,
SW., Room CY–A257, Washington, DC
20554. The complete text of this
decision may also be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554. It is also
available on the Commission’s Web site
at https://www.fcc.gov.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
(63 FR 2421 (May 1, 1998)). Comments
filed through the ECFS can be sent as an
electronic file via the Internet to
https://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an
electronic submission must be filed. If
multiple docket or rulemaking numbers
appear in the caption of this proceeding,
however, commenters must transmit
one electronic copy of the comments to
each docket or rulemaking number
referenced in the caption. In completing
the transmittal screen, commenters
should include their full name, Postal
Service mailing address, and the
applicable docket or rulemaking
number. Parties may also submit an
electronic comment by Internet e-mail.
To get 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 appear in the
caption of this proceeding, commenters
must submit two additional copies for
SUPPLEMENTARY INFORMATION:
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08JNP1
Agencies
[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Proposed Rules]
[Pages 33416-33426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11170]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[DA-05-1524]
Possible Revision or Elimination of Rules
AGENCY: Federal Communications Commission.
ACTION: Review of regulations under the Regulatory Flexibility Act of
1980; 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
years 2002 through 2005, 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 September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Eric Malinen or Allan Manuel, Office
of Communications Business Opportunities, 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
Released: May 31, 2005
1. Pursuant to the RFA, see 5 U.S.C. 610, the FCC hereby publishes
a plan for the review of rules adopted by the agency in calendar years
1993, 1994 and 1995 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
[[Page 33417]]
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. To file formally in this
proceeding, participants should file an original and four copies of all
comments with the Office of the Secretary, ATTN: OCBO. Comments will be
available for public inspection during regular business hours in the
FCC's Reference Information Center, Rm. CY-A257, 445 12th Street, S.W.,
Washington, DC 20554. For additional information on the requirements of
the RFA visit www.fcc.gov/ocbo.
Federal Communications Commission.
Carolyn Fleming Williams,
Director, Office of Communications and Business Opportunities.
Appendix
List of rules for review pursuant to the Regulatory Flexibility
Act of 1980, 5 U.S.C. 610, for 1993, 1994 and 1995. 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: These rules provide that non-licensee tower
owners may be subject to forfeiture for violations of the painting
and/or lighting requirements for radio towers as prescribed by the
Commission without a prior citation under certain conditions. These
rules also extend the statute of limitations for issuing forfeitures
to broadcast station licensees to encompass the entire current
license term and clarify the meaning of ``current license term.''
Need: These rules restate the statutory language of 47 U.S.C.
503(b)(5)(6) and 47 U.S.C. 503(b)(6).
Legal Basis: Secs. 4, 202, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303; 5 U.S.C. 552; 21 U.S.C. 853a.
Section Number and Title:
1.80(c)(1), 1.80(d) Forfeiture Proceedings.
Subpart E--Complaints, Applications, Tariffs, and Reports Involving
Common Carriers
Brief Description: Part 1, subpart E implements section 208 of
the Communications Act of 1934, as amended. Section 208 permits any
person to lodge a complaint with the Commission against a common
carrier alleging a violation of the Act. Section 208 places a duty
on the Commission to forward the complaint to the common carrier(s)
involved which, in turn, must either satisfy the complaint or answer
it in writing within a time period specified by the Commission.
Subpart E establishes the rules for the submission and treatment of
two categories of complaints: (1) Formal complaints, governed by
Sec. Sec. 1.720-1.736; and (2) informal complaints, governed by
Sec. Sec. 1.716-1.719. The informal complaint rules emphasize ease
of filing by consumers and voluntary cooperative efforts by
consumers and affected companies to resolve their differences
informally. The Consumer & Governmental Affairs Bureau's analysis of
part 1, subpart E will be limited to informal complaints.
Need: The informal complaint rules are designed to facilitate
the efficient and expeditious processing of informal consumer
complaints in order to promote maximum compliance with the
requirements of the Act and the Commission's rules and implementing
orders. To ensure access and ease of use by individual consumers,
the informal complaint rules do not contain the procedural,
evidentiary, and fee requirements prescribed for formal complaints.
A person not satisfied with the carrier's response to an informal
complaint or with the Commission's disposition of the informal
complaint may file a formal complaint on the same cause of action
subject to certain limitations.
The Commission added a new section to the informal complaint
rules in 2000 in response to the enactment of section 258 of the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, broadening the Commission's authority to combat
``slamming,'' the submission or execution of an unauthorized change
in a subscriber's selection of a provider of telecommunications
service. The new section of the informal complaint rules cross-
referenced the Commission's slamming liability rules at part 64,
subpart K, and provided that a subscriber unsatisfied with the
resolution of an informal slamming complaint had 45 days to file a
formal complaint.
Legal Basis: 47 U.S.C. 208, 258.
Section Number and Title:
1.716 Form.
1.717 Procedure.
1.718 Unsatisfied informal complaints; formal complaints relating
back to the filing dates of informal complaints.
1.719 Informal complaints filed pursuant to section 258.
Brief Description: These rules set forth many of the procedures
that must be followed in order to prosecute and/or defend a formal
complaint filed against a common carrier pursuant to section 208 of
the Communications Act (47 U.S.C. 208) alleging a violation of the
Communications Act.
Need: These rules result in the effective, efficient, and timely
resolution of formal complaints.
Legal Basis: 47 U.S.C. 154(i), 154(u)(j), 208, 303(r).
Section Number and Title:
1.720 General pleading requirements.
1.724 Answers.
1.726 Replies.
1.727 Motions.
1.729 Interrogatories to parties.
1.731 Confidentiality of information produced through discovery.
1.732 Other required written submissions.
1.733 Status conference.
1.734 Specification as to pleadings, briefs, and other documents;
subscription.
1.735 Copies; service; separate filings against multiple defendants.
Brief Description: Directions on how to file applications,
including the place of filing, the amount of fees, who may sign the
application, and the number of copies required.
Need: These rules provide general directions on where to file
applications, the amount of fees, the number of copies and who may
sign the application.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
1.742 Place of filing, fees, and number of copies.
1.743 Who may sign applications.
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: Sections 1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii)
were adopted to adjust the pleading cycle for petitions seeking
investigation, suspension, or rejection of tariff filings made on 14
days' notice. They are intended to provide the Commission with
additional time to review pleadings filed in 14-day tariff
proceedings and to ensure notice to the filing carrier.
Legal Basis: 47 U.S.C. 154, 201-205, 303.
Section Number and Title:
1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii) Petitions for
suspension or rejection of new tariff filings.
Brief Description: Annual financial filing report by telephone
carriers and affiliates as required by part 43.
Need: These rules provide a filing requirement to the Commission
per part 43 of the Commission's rules.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
1.785 (a) Annual financial reports.
Subpart G--Schedule of Statutory Charges and Procedures for Payment
Brief Description: Schedule of charges for applications.
Need: Section 1.1102 through 1.1107 rules are tables that
identify the application fees that are charged by the Commission for
renewing, modifying, or when applying for a new license. These fees
are adjusted periodically to incorporate cost-of-living increases,
and or other increases in fees. Section 1.1108 through 1.1119 rules
describe the type and form of payment, where it should be sent and
how the payment should be processed, as well as rules governing
exemptions, refunds, and penalties associated with the charges in
Sec. Sec. 1.1102 through 1.1107.
Legal Basis: 47 U.S.C. 158(b).
Section Number and Title:
1.1102 Schedule of charges for applications and other filings in the
wireless telecommunications services.
1.1103 Schedule of charges for equipment approval, experimental
radio services, and international telecommunications settlement
services.
[[Page 33418]]
1.1104 Schedule of charges for applications and other filings for
media services.
1.1105 Schedule of charges for applications and other filings for
the wireline competition service.
1.1106 Schedule of charges for applications and other filings for
the enforcement service.
1.1107 Schedule of charges for applications and other filings for
the international service.
1.1108 Attachment of charges.
1.1109 Payment of charges.
1.1110 Form of payment.
1.1111 Filing locations.
1.1112 Conditionality of Commission or staff authorizations.
1.1113 Return or refund of charges.
1.1114 General exemptions to charges.
1.1115 Adjustments to charges.
1.1116 Penalty for late or insufficient payments.
1.1117 Petitions and applications for review.
1.1118 Error claims.
1.1119 Billing procedures.
Brief Description: Schedule of annual regulatory fees and filing
locations.
Need: These rules provide the authority for the Commission to
impose and collect regulatory fees, as well as identify possible
exemptions, adjustments, penalties, and waivers of these fees.
Legal Basis: 47 U.S.C. 159(a).
Section Number and Title:
1.1151 Authority to prescribe and collect regulatory fees.
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.
1.1158 Form of payment for regulatory fees.
1.1159 Filing locations and receipts for regulatory fees.
1.1160 Refunds of regulatory fees.
1.1161 Conditional license grants and delegated authorizations.
1.1162 General exemptions from regulatory fees.
1.1163 Adjustments to regulatory fees.
1.1164 Penalties for late or insufficient regulatory fee payments.
1.1165 Payment by cashier's check for regulatory fees.
1.1166 Waivers, reductions and deferrals of regulatory fees.
1.1167 Error claims related to regulatory fees.
Subpart H--Ex Parte Communications
Brief Description: General instructions on exempt ex parte
presentations and proceedings as they relate to new factual
information that becomes available in presentations made to the U.S.
Department of Justice and the Federal Trade Commission involving
telecommunications competition matters.
Need: These rules provide guidance on what types of ex parte
presentations are exempt.
Legal Basis: 47 U.S.C 154(i), 154(i)(j), and 303(r).
Section Number and Title:
1.1204 Exempt ex parte presentations and proceedings.
Subpart Q--Competitive Bidding Proceedings
Brief Description: These rules provide competitive bidding
procedures to choose from among two or more mutually exclusive
applications for an initial license.
Need: The subpart Q rules establish a uniform set of competitive
bidding rules and procedures for use in licensing of all services
that are subject to licensing by auction. The rules in this subpart:
(1) Describe which services are subject to competitive bidding; (2)
provide competitive bidding mechanisms and design options; (3)
establish application, disclosure and certification procedures for
short- and long-form applications; and (4) specify down payment,
withdrawal and default mechanisms. In addition, subpart Q contains
rules by which the Commission determines eligibility for
``designated entity'' status (i.e., small business, minority- and
women-owned business, and rural telephone companies), and includes a
schedule of bidding credits for which designated entities may
qualify in those auctions in which special provisions are made for
designated entities. The purpose of the designated entity provisions
is to implement section 309(j)(3)(B) of the Communications Act of
1934, as amended, which states that an objective of designing and
implementing the competitive bidding system is to ``promot[e]
economic opportunity and competition and ensur[e] that new and
innovative technologies are readily accessible to the American
people by avoiding excessive concentration in licenses and
disseminating licenses among a wide variety of applicants, including
small businesses, rural telephone companies, and businesses owned by
members of minority groups and women.''
Legal Basis: 47 U.S.C. 309(j).
Section Number and Title:
1.2101 Purpose.
1.2102 Eligibility of applications for competitive bidding.
1.2103 Competitive bidding design options.
1.2104 Competitive bidding mechanisms.
1.2105 Bidding application and certification procedures; prohibition
of collusion.
1.2106 Submission of upfront payments.
1.2107 Submission of down payment and filing of long-form
applications.
1.2108 Procedures for filing petitions to deny against long-form
applications.
1.2109 License grant, denial, default, and disqualifications.
1.2110 Designated entities.
1.2111 Assignment or transfer of control: unjust enrichment.
Part 2--Frequency Allocations and Radio Treaty Matters; General Rules
and Regulations
Subpart B--Allocation, Assignment, and Use of Radio Frequencies
Brief Description: Footnote US315 states that, in the frequency
bands 1530-1544 MHz and 1626.5-1645.5 MHz, maritime mobile-satellite
distress and safety communications, e.g., the Global Maritime
Distress and Safety System (GMDSS), have priority access with real-
time preemptive capability in the mobile-satellite service; that
communications of mobile-satellite system stations not participating
in the GMDSS will operate on a secondary basis to distress and
safety communications of stations operating in the GMDSS; and that
account must be taken of the priority of safety-related
communications in the mobile-satellite service.
Need: Footnote US315 provides maritime mobile-satellite distress
and safety communications with priority access and real-time
preemptive capability in the specified bands over routine, non-
safety related public correspondence.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.106, footnote US315 Table of Frequency Allocations.
Brief Description: Footnote US237 states that the band 2310-2360
MHz is allocated to the broadcasting-satellite service (sound) and
complementary terrestrial broadcasting service on a primary basis;
and that use is limited to digital audio broadcasting and is subject
to the provisions of Resolution 528 of the International
Telecommunication Union's Radio Regulations.
Need: Footnote US327 expands the broadcasting-satellite service
in the band 2310-2360 MHz to include the complementary terrestrial
broadcasting service and limits these uses to digital audio
broadcasting.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.106, footnote US327 Table of Frequency Allocations.
Brief Description: Footnote NG152 states that the band 219-220
MHz is also allocated to the amateur service on a secondary basis
for stations participating, as forwarding stations, in point-to-
point fixed digital message forwarding systems, including intercity
packet backbone networks.
Need: Footnote NG152 helps alleviate congestion that amateurs
experience in certain areas of the country in the band 222-225 MHz
and facilitates establishment of regional and nationwide networks
for amateur digital packet communications.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.106, footnote NG152 Table of Frequency Allocations.
Part 11--Emergency Alert System (EAS)
Subpart A--General
Brief Description: These rules describe the required technical
standards and operational
[[Page 33419]]
procedures of EAS for AM, FM, and TV broadcast stations, cable
systems, and other participating entities.
Need: In employing consistent technical standards and
operational procedures for all participating entities, these rules
will result in orderly distribution of emergency messaging in the
event an emergency is activated.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
Section Number and Title:
11.1 Purpose.
11.11 The Emergency Alert System (EAS).
11.12 Two-tone Attention Signal encoder and decoder.
11.13 Emergency Action Notification (EAN) and Emergency Action
Termination (EAT).
11.14 Primary Entry Point (PEP) System.
11.15 EAS Operating Handbook.
11.16 National Control Point Procedures.
11.18 EAS Designations.
11.19 EAS Non-participating National Authorization Letter.
11.20 State Relay Network.
11.21 State and Local Area Plans and FCC Mapbook.
Subpart B--Equipment Requirements
Brief Description: These rules describe EAS protocol for
emergency event codes and EAS equipment requirements.
Need: Establishing quality and compatibility standards for EAS
equipment will ensure technological interoperability and result in
delivery of responsive, robust, and redundant emergency messaging.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
Section Number and Title:
11.31 EAS Protocol.
11.32 EAS Encoder.
11.33 EAS Decoder.
11.34 Acceptability of the Equipment.
11.35 Equipment operational readiness.
Subpart C--Organization
Brief Description: These rules describe participation standards
and acceptable uses of EAS for all participating entities. The rules
also set message priorities from the Presidential level down to the
state and local levels.
Need: By setting participation standards and acceptable uses,
these rules ensure the integrity of EAS for the Presidential message
priority in the event of a national emergency.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
Section Number and Title:
11.41 Participation in EAS.
11.42 Participation by communications common carriers.
11.43 National level participation.
11.44 EAS message priorities.
11.45 Prohibition of false or deceptive EAS transmissions.
11.46 EAS public service announcements.
11.47 Optional use of other communications methods and systems.
Subpart D--Emergency Operations
Brief Description: These rules describe procedures for
monitoring key EAS sources. Once EAS has been activated, these rules
set operation and transmission guidelines for national, state, and
local level messaging.
Need: These rules describe how a national, state, or local
emergency is activated, and upon activation, provide guidelines for
all participating entities to follow during national, state, and
local-level emergencies.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
Section Number and Title:
11.51 EAS code and Attention Signal Transmission requirements.
11.52 EAS code and Attention Signal Monitoring requirements.
11.53 Dissemination of Emergency Action Notification
11.54 EAS operation during a National Level emergency.
11.55 EAS operation during a State or Local Area emergency.
Subpart E--Tests
Brief Description: These rules describe EAS testing protocols
for all participating entities.
Need: Regular testing of EAS equipment will ensure operational
readiness in the event of an emergency.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and
606.
Section Number and Title:
11.61 Tests of EAS procedures.
Part 13--Commercial Radio Operators
Brief Description: The part 13 rules prescribe the manner and
conditions under which commercial radio operators are licensed by
the Commission.
Need: These rules identify the different classes of commercial
radio operator licenses and permits, set forth eligibility
requirements, and establish a regulatory framework for the
privatized commercial radio operator license examination process.
They are necessary to ensure that certain tasks pertaining to the
operation and maintenance of radio equipment used in the maritime,
aviation, and international fixed public radio communication
services are performed only by qualified persons, and to ensure the
integrity of the examination process by which such qualifications
are established.
Legal Basis: 47 U.S.C. 154, 303.
Section Number and Title:
13.1 Basis and purpose.
13.3 Definitions.
13.5 Licensed commercial radio operator required.
13.7 Classification of operator licenses and endorsements.
13.8 Authority conveyed.
13.9 Eligibility and application for new license or endorsement.
13.10 Licensee address.
13.11 Holding more than one commercial radio operator license.
13.13 Application for a renewed or modified license.
13.15 License term.
13.17 Replacement license.
13.19 Operator's responsibility.
13.201 Qualifying for a commercial operator license or endorsement.
13.203 Examination elements.
13.207 Preparing an examination.
13.209 Examination procedures.
13.211 Commercial radio operator license examination.
13.213 COLEM qualifications.
13.215 Question pools.
13.217 Records.
Part 15--Radio Frequency Devices
Subpart B--Unintentional Radiators
Brief Description: This rule specifies the isolation standards
for TV interface device antenna transfer switches.
Need: This rule prevents excessive leakage through the TV
broadcast antenna of signals generated by TV interface devices,
reducing the potential that harmful interference would be caused to
television broadcast reception and other radio services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
Section Number and Title:
15.115(c)(1)(i) TV interface devices, including cable system
terminal devices.
Brief Description: This rule specifies the isolation standards
for switches that are used to alternate between cable service and a
TV broadcast antenna.
Need: This rule prevents excessive leakage through the TV
broadcast antenna of signals generated by a cable system terminal
devices, reducing the potential that harmful interference would be
caused to television broadcast reception and other radio services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
Section Number and Title:
15.115(h) TV interface devices, including cable system terminal
devices.
Brief Description: This rule specifies the standards for closed
caption reception that is required for all analog TV broadcast
receivers with picture screens 13 inches or larger.
Need: Absent this regulation, analog TV broadcast receivers
would not be required to display closed caption transmissions.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
Section Number and Title:
15.119 Closed caption decoder requirements for analog television
receivers.
Subpart C--Intentional Radiators
Brief Description: These rules specify the emission standards
and frequencies of operation for cordless telephones that operate in
the 46-50 MHz band.
Need: These rules permit cordless telephones to operate without
individual licensing in the 46-50 MHz band.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
Section Number and Title:
15.233 Operation within the bands 43.71-44.49 MHz, 46.60-46.98 MHz,
48.75-49.51 MHz and 49.66-50.0 MHz.
Part 18--Industrial, Scientific and Medical Equipment
Brief Description: This rule specifies the definition for non-
consumer Magnetic Resonance Equipment (MRE), which is a category of
Industrial, Scientific and Medical (ISM) equipment in which radio
frequency (RF) energy is used to create images and data representing
spatially resolved density of
[[Page 33420]]
transient atomic resources within an object. MRE devices are still
used extensively in health care facilities today.
Need: In adopting the statutory definition for MRE devices, the
rule clarifies the type of ISM devices that would be subject to
specific requirements of part 18 of the Commission's rules, as
enumerated in section 18.121, infra. Part 18 sets forth requirements
designed to minimize the potential for interference to radio and TV
services from ISM equipment. ISM equipment generates RF energy in
order to perform a non-communications related function. Common
examples of consumer ISM devices are microwave ovens and RF lighting
devices. Common examples of non-consumer ISM devices include
industrial heaters and ultrasonic equipment. Before ISM equipment
can be marketed in the United States, it must comply with the
technical standards and equipment authorization procedure specified
in part 18 of the Commission's rules.
Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 and 307.
Section Number and Title:
18.107(j) Definitions, Magnetic Resonance Equipment.
Brief Description: This rule relates to the exemptions from the
part 18 requirements for non-consumer ultrasonic equipment or non-
consumer magnetic resonance equipment (MRE) used for medical
diagnostic and monitoring applications. MRE is a category of
Industrial, Scientific and Medical (ISM) equipment in which RF
energy is used to create images and data representing spatially
resolved density of transient atomic resources within an object. MRE
devices are still used extensively in health care facilities today.
Need: This rule already existed for non-consumer ultrasonic
equipment, which are only subject to certain sections of part 18 of
the Commission's rules. The adopted change to the rule (as published
in 59 FR 39472) applied the same exemptions for non-consumer
ultrasonic equipment to the then-new category of non-consumer MRE
devices (as defined in section 18.107(j), supra.) This rule in
effect exempts non-consumer MRE devices from the part 18 technical
standards and authorization requirements in order to remove
regulations that unnecessarily increase the amount of time and cost
required to bring these new non-consumer MRE devices to market.
However, the rule retains certain critical part 18 standards
applicable to MRE devices, such as general importation requirements
and frequencies available for ISM use.
Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 and 307.
Section Number and Title:
18.12 Exemptions.
Note: In 1995, Section 18.121 was editorially revised to correct
the omission of the word ``ONLY'' in the above adopted rule. As
published in the CFR, the final regulations contained errors that
might have proven to be misleading and were in need of correction
(see 60 FR 47302)(September 12, 1995.) This rule revision is not
substantive.
Part 25--Satellite Communications
Subpart B--Applications and Licenses
Brief Description: This subpart includes procedures for the
filing of earth station applications. The information requirements
in these rules allow for frequency coordination analysis to reduce
interference and the verification of earth station antenna
performance standards. Provisions in subpart B also provide for the
timely construction and operation of earth stations.
Need: To establish proper procedures for submitting the correct
information for filing earth station applications.
Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744.
Section Number and Title:
25.130 Filing requirements for transmitting earth stations.
25.132 Verification of earth station antenna performance standards.
25.133 Period of construction; certification of commencement of
operation.
25.135 Licensing provisions for earth station networks in the non-
voice, non-geostationary mobile-satellite service.
Brief Description: This subpart includes rules to facilitate
coordination to avoid harmful interference to other satellite
systems. These rules also outline conditions for qualification as an
applicant, which enhances the likelihood that the proposed systems
will be constructed, launched, and operated if licensed.
Need: To establish proper procedures for submitting the correct
information for filing space station applications.
Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744.
Section Number and Title:
25.142 Licensing provisions for the non-voice, non-geostationary
mobile-satellite service.
25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite
service and 2 GHz mobile-satellite service.
Brief Description: This subpart includes well-defined procedures
for processing applications including the requirement for public
notice.
Need: To establish proper procedures for submitting the correct
information for filing space station applications and to allow for
public notice of such applications.
Legal Basis: 47 U.S.C. 154, 301,302, 303, 307, 309, 332.
Section Number and Title:
25.151 Public notice period.
Subpart C--Technical Standards
Brief Description: This subpart provides clear and predictable
technical standards to minimize interference.
Need: To provide space station and earth station operators a
universal set of standards and operating procedures.
Legal Basis: 47 U.S.C. 154, 701-744. Interprets or applies 47
U.S.C. 303.
Section Number and Title:
25.201 Definitions.
25.202 Frequencies, frequency tolerance and emission limitations.
25.203 Choice of sites and frequencies.
25.204 Power limits.
25.208 Power flux density limits.
25.209 Antenna performance standards.
25.210 Technical requirements for space stations in the Fixed-
Satellite Service.
25.211 Video transmissions in the Fixed-Satellite Service.
25.212 Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite
Service.
25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz
Mobile-Satellite Service.
Subpart D--Technical Operations
Brief Description: This subpart provide clear and predictable
operating rules to minimize interference.
Need: To provide space station and earth station operators a
universal set of standards and operating procedures.
Legal Basis: 47 U.S.C. 154, 701-744.
Section Number and Title:
25.271 Control of transmitting stations.
25.272 General inter-system coordination procedures.
25.273 Duties regarding space communications transmissions.
25.274 Procedures to be followed in the event of harmful
interference.
25.275 Particulars of operation.
25.276 Points of communication.
25.277 Temporary fixed earth station operations.
25.278 Additional Coordination Obligation for Non-Geostationary and
Geostationary Satellite Systems in Frequencies Allocated to the
Fixed-Satellite Service.
25.279 Inter-satellite service.
Subpart I--Equal Employment Opportunities
Brief Description: Section 25.601 requires entities that use a
fixed satellite service or direct broadcast satellite service
facility to provide video programming to the public on a
subscription basis to comply with the equal opportunity requirements
set forth in part 76 of the Commission's rules.
Need: To implement the equal opportunity provisions of the Cable
Television Consumer Protection and Competition Act of 1992.
Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744, 554.
Section Number and Title:
25.601 Equal employment opportunity requirements.
Part 27--Miscellaneous Wireless Communications Services
Subpart M--Broadband Radio Service and Educational Broadband
Service
Brief Description: These rules state the conditions under which
spectrum is made available and licensed for the provision of the
Broadband Radio Service and the Educational Broadband Service
(previously the Multipoint Distribution Service and Instructional
Television Fixed Service, respectively) in the 2495-2690 MHz band.
These four rules were originally published in part 21.
Need: These rules provide a regulatory framework for the
Broadband Radio Service and Educational Broadband Service,
particularly with respect to licensing and auctions.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336,
337.
[[Page 33421]]
Section Number and Title:
27.1201(a)(3) EBS eligibility.
27.1208 Service areas.
27.1212 License term.
27.1213 Designated entity provisions for BRS in Commission auctions
commencing prior to January 1, 2004.
Part 43--Reports of Communication Common Carriers and Certain
Affiliates
Brief Description: The rule sets forth the requirements and
procedures for carriers to file information on how U.S.
international carriers use their circuits.
Need: The rule provides essential data that enables the
Commission to discharge its obligations to authorize the
construction and use of international common carrier transmission
facilities. The information is used by the agency and industry to
determine whether an international common carrier is providing
direct or indirect service to countries and to assess industry
trends in the use of international transmission facilities. The data
is extremely valuable because it is not available from any other
source.
Legal Basis: 47 U.S.C. 154, 214, 219, 303, 403.
Section Number and Title:
43.82 International Circuit Status Reports.
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. Part 61 rules also
establish the pricing rules and related requirements that apply to
incumbent local exchange carriers.
Need: Section 61.33(e) requires all letters of transmittal for
14-day tariff filings to include an address and designated
individual for personal service and a number for facsimile service.
Sections 61.39(d) and 61.39(e) give smaller carriers providing
service primarily to rural areas optional regulatory reforms that
compliment the price cap system. These reforms are intended to
reduce administrative burdens and increase flexibility, while
continuing to ensure high service quality and universal service at
reasonable rates. Sections 61.42(e)(1)(iii) and 61.42(e)(1)(iv)
establish the price cap baskets for 800 data base access services
and for billing name and address information.
Legal Basis: 47 U.S.C. 154, 201-205, and 403.
Section Number and Title:
61.33(e) Letters of transmittal.
61.39 Optional supporting information to be submitted with letters
of transmittal for Access Tariff filings effective on or after April
1, 1989, by local exchange carriers serving 50,000 or fewer access
lines in a given study area that are described as subset 3 carriers
in 69.602.
61.42 Price cap baskets and service categories.
Part 64--Miscellaneous Rules Relating to Common Carriers
Subpart F--Telecommunications Relay Services and Related Customer
Premises Equipment for Persons With Disabilities.
Brief Description: Part 64, subpart F implements section 225 of
the Communications Act of 1934, as amended. Section 225 codifies
Title IV of the Americans with Disabilities Act of 1990 (ADA) which
requires that the Commission ensure that telecommunications relay
services (TRS) are available, ``to the extent possible and in the
most efficient manner,'' to individuals with hearing or speech
disabilities in the United States. Section 225 defines TRS as
telephone transmission services that make it possible for an
individual with a hearing or speech disability to engage in
communication by wire or radio with a hearing individual in a manner
functionally equivalent to that available to persons who do not have
such a disability. The rules provide minimal functional,
operational, and technical standards for TRS programs. The rules
give states a significant role in ensuring the availability of TRS
by treating carriers as compliant with their statutory obligations
if they operate in a state that has a relay program certified as
compliant by the Commission. The rules also establish a cost
recovery and a carrier contribution mechanism (TRS Fund) for the
provision of interstate TRS and require states to establish cost
recovery mechanisms for the provision of intrastate TRS.
Need: Part 64, subpart F is intended to facilitate communication
by persons with hearing or speech disabilities by ensuring that
interstate and intrastate TRS are available throughout the country,
and by ensuring uniform minimum functional, operational, and
technical standards for TRS programs. The TRS rules ensure that
individuals with hearing or speech disabilities receive the same
quality of service when they make TRS calls, regardless of where
their calls originate or terminate.
Legal Basis: 47 U.S.C. 225.
Section Number and Title:
64.604(a)(2) Operational Standards, Confidentiality and conversation
content.
64.604(c)(ii) Jurisdictional separation of costs, Cost Recovery, 47
CFR.
64.604(c)(iii) Jurisdictional separation of costs, TRS Fund.
Subpart K--Changes in Preferred Telecommunications Service
Providers
Brief Description: Part 64, subpart K implements section 258 of
the Communications Act of 1934, as amended by the Telecommunications
Act of 1996. This section provides the Commission authority to deter
and punish ``slamming,'' the submission or execution of an
unauthorized change in a subscriber's selection of a provider of
telecommunications service. The rules prescribe verification
procedures for telecommunications carriers to use in confirming
subscribers' decisions to change telecommunications carriers. A
carrier that fails to comply with the Commission's verification
procedures is liable to the subscriber's authorized carrier for all
amounts paid by the subscriber after the violation. The rules
absolve subscribers of liability for charges billed by unauthorized
carriers in certain cases, impose liability on unauthorized carriers
for all charges collected from subscribers, and establish procedures
to govern preferred carrier freezes.
In 1992 the Commission first adopted rules requiring
interexchange carriers to obtain verification from customers
acquired through telemarketing before submitting a preferred
interexchange carrier change order to a local exchange carrier
(LEC). Verification could be in one of four allowable forms: (1)
Written authorization; (2) electronic authorization, i.e., by
placing a call to an 800 number established to obtain verification;
(3) oral authorization taken by an independent third party; and (4)
sending of a ``welcome package'' including a prepaid postcard usable
to deny, cancel or confirm a change order. The Commission
subsequently revised these rules, then numbered 47 CFR 64.1100 and
now numbered 47 CFR 64.1100-64.1196, several times in response to
consumer complaints and industry changes.
In 1995, the Commission established requirements for the form
and content of the written authorization or Letter of Agency (LOA)
used to verify a change, and prohibited ``negative option'' LOAs
that demanded an affirmative act by the customer to prevent a
change. The Commission again revised the rules in 1999 in response
to a provision of the Telecommunications Act of 1996 making it
unlawful to ``submit or execute a change in a subscriber's selection
of a provider of telephone exchange service or telephone toll
service except in accordance with such verification procedures as
the Commission shall prescribe.'' In addition to absolving
subscribers from liability for certain slamming charges, the revised
rules: (1) Extended the verification requirements to all
telecommunications carriers; (2) toughened the LOA requirements and
eliminated the ``welcome package''; (3) set rules for ``preferred
carrier freezes'' requiring the customer to contact the LEC to
consent to a change; and (4) allowed states to establish their own
rules for intrastate presubscription. Many of these revised rules
did not take effect until 2000 due to petitions for stay and waiver.
In 2001, the Commission amended the rules to permit LOAs
submitted via the internet, expanded registration requirements for
interstate telecommunications carriers, and provided for a
streamlined process in situations involving carrier-to-carrier sale
or transfer of subscriber bases. Finally, in 2003 the Commission
clarified that LECs executing carrier change requests can be held
liable for unauthorized carrier changes to their affiliates, and
modified the ``drop-off'' requirement to allow sales agents, in
certain circumstances, to remain silently on the line during
verification.
Need: Part 64, subpart K attempts to eliminate the fraudulent
practice of ``slamming,'' foster consumer choice, and facilitate
competition in the market for telecommunications services.
Establishing verification requirements, liability rules, and
[[Page 33422]]
complaint resolution procedures assists the Commission in preventing
slamming.
Legal Basis: 47 U.S.C. 258.
Section Number and Title:
64.1100 Definitions.
64.1110 State notification of election to administer FCC rules.
64.1120 Verification of orders for telecommunications service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of unauthorized changes in
preferred carrier.
64.1160 Absolution procedures where the subscriber has not paid
charges.
64.1170 Reimbursement procedures where the subscriber has paid
charges.
64.1190 Preferred carrier freezes.
64.1195 Registration requirement.
Subpart L--Restrictions on Telemarketing and Telephone Solicitation
Brief Description: Part 64, subpart L implements Section 227 of
the Communications Act of 1934 as amended. Section 227 codifies the
Telephone Consumer Protection Act of 1991 (TCPA), which was enacted
to address certain telemarketing practices thought to be an invasion
of consumer privacy and a risk to public safety. The TCPA imposes
restrictions on the use of automatic telephone dialing systems
(autodialers), artificial or prerecorded messages, and telephone
facsimile machines, and requires the Commission to adopt rules to
implement these protections. Pursuant to the Commission's rules
implementing the TCPA, a person or entity engaged in telemarketing
is required to maintain a record of a called party's request not to
receive future solicitations for a period of five years.
Telemarketers must develop and maintain written policies for
maintaining their lists, and they are required to inform their
employees of the list's existence and train them to use the list.
The rules prohibit telemarketers from calling residential telephone
subscribers before 8 a.m. or after 9 p.m. and require telemarketers
to identify themselves to called parties.
The Commission first adopted rules to implement the TCPA in
1992, and amended them in 1995 to prohibit telemarketers from
providing a 900 number or any other number for which charges exceed
local or long distance transmission charges for purposes of
identification. In 2003, the Commission further amended the TCPA
rules to establish, in conjunction with the FTC, a national Do-Not-
Call Registry (Registry) for consumers who wish to avoid
telemarketing calls. The Registry is nationwide in scope, includes
all telemarketers (with the exception of certain non-profit
organizations) and covers both interstate and intrastate
telemarketing calls. The Commission also adopted restrictions on the
use of predictive dialers, and tightened existing rules on
unsolicited faxes to require that companies obtain express
permission in writing before sending unsolicited facsimile
advertisements. Most recently, the Commission delayed the effective
date of the written consent requirement for sending unsolicited
facsimile advertisements until July 1, 2005, created a limited
``safe harbor'' from liability for placing autodialed and
prerecorded message calls when such calls are made to a wireless
number ported from a wireline service within the previous 15 days,
and required telemarketers to access the Do-Not-Call Registry and
scrub their call lists every 31 days rather than every three months.
Need: Part 64, subpart L is intended to protect subscriber
privacy and public safety without unnecessarily restricting
legitimate telephone marketing and sales.
Legal Basis: 47 U.S.C. 227.
Section Number and Title:
64.1200, generally, 64.1200(e)(2)(iv), (vi) and (f)(3)(iii) Delivery
Restrictions.
Brief Description: This rule imposes restrictions on the use of
billing name and address information by telecommunications service
providers and their authorized billing and collection agents.
Section 64.1201 requires local exchange carriers (LECs) to provide
interstate common carriers non-discriminatory access to the billing
name and address (BNA) of LEC subscribers who use a LEC calling card
or authorize collect and third party calls to pay for a carrier's
services. The rule also includes safeguards protecting the privacy
interests of end users.
Need: The Commission adopted this rule to limit billing name and
address disclosure to telecommunications service providers and to
prohibit use of billing name and address information for purposes
other than billing for telecommunications services. This rule is
designed to protect the privacy of end users.
Legal Basis: 47 U.S.C. 154, 201-205.
Section Number and Title:
64.1201 Restrictions on billing name and address disclosure.
Subpart N--Expanded Interconnection
Brief Description: This rule requires that larger incumbent
local exchange carriers (LECs) that do not participate in the
National Exchange Carrier Association tariff provide expanded
interconnection. Subpart N requires that these incumbent LECs allow
other parties to interconnect with their networks through physical
or virtual collocation for the provision of special access and
switched transport services. Interested parties including
competitive LECs, interexchange carriers and end users can take
expanded interconnection from the incumbent LECs subject to this
rule.
Need: This rule promotes competition in the provision of
interstate services by removing barriers to competitive provision of
special access and switched transport services. In particular,
subpart N makes collocation available to parties not covered by part
51 of the Commission's rules such as large businesses and
universities.
Legal Basis: 47 U.S.C. 151, 154, and 201-205.
Section Number and Title:
64.1401 Expanded Interconnection.
Subpart O--Interstate Pay-Per-Call and Other Information Services
Brief Description: Part 64, subpart O implements section 228 of
the Communications Act of 1934, as amended. Subpart O mandates that
common carriers assigning telephone numbers to providers of
interstate pay-per-call services require that the provider comply
with the subpart O rules as well as certain other laws and
regulations. Subpart O restricts the provision of pay-per-call
services over 800 and ``toll free'' numbers and bars the provision
of interstate pay-per-call services on a collect basis. It provides
for 900 service access code assignment to pay-per-call services, and
requires local exchange carriers to offer subscribers the option of
blocking access to 900 numbers from their telephones. Subpart O
establishes conditions for common carrier provision of billing and
collection for pay-per-call services and bars the disconnection or
interruption of local exchange or long-distance service for the non-
payment of charges for interstate pay-per-call and certain
information services.
In 1993, the Commission promulgated the pay-per-call rules
summarized above to implement the Telephone Disclosure and Dispute
Resolution Act and replace prior pay-per-call rules adopted in 1991.
In 1996, the Commission amended the rules to incorporate expanded
consumer protections enacted in the Telecommunications Act of 1996.
These additional protections included a prohibition on charging
callers for calls to toll-free numbers without a written
presubscription agreement, a requirement for use of personal
identification numbers to prevent unauthorized access, and certain
required billing disclosures. The amended rules also permitted
alternatives to written presubscription such as payment by prepaid
account, debit, credit, charge, or calling card. In July 2004, the
Commission released a Notice of Proposed Rulemaking seeking comment
on possible modifications to address circumvention of the pay-per-
call rules.
Need: Part 64, subpart O is intended both to promote the
legitimate development of pay-per-call services and protect
consumers from the fraudulent or unscrupulous provision of pay-per-
call services.
Legal Basis: 47 U.S.C. 228.
Section Number and Title:
64.1501 Definitions.
64.1502 Limitations on the provision of pay-per-call services.
64.1503 Termination of pay-per-call and other information programs.
64.1504 Restrictions on the use of toll-free numbers.
64.1505 Restrictions on collect telephone calls.
64.1506 Number designation.
64.1507 Prohibition on disconnection or interruption of service for
failure to remit pay-per-call and similar service charges.
64.1508 Blocking access to 900 service.
64.1509 Disclosure and dissemination of pay-per-call information.
64.1510 Billing and collection of pay-per-call and similar service
charges.
64.1511 Forgiveness of charges and refunds.
64.1512 Involuntary blocking of pay-per-call services.
64.1513 Verification of charitable status.
64.1514 Generation of signaling tones.
64.1515 Recovery of costs.
[[Page 33423]]
Subpart P--Calling Party Telephone Number; Privacy
Brief Description: The requirements in part 64, subpart P are
based on the Commission's authority under sections 1, 4, 201-205,
and 218 of the Communications Act of 1934, as amended. Subpart P
covers Calling Party Number (CPN) services, including ``Caller ID,''
which depend on capabilities that use out-of-band signaling
techniques such as ``Signaling System Seven (SS7).'' Subpart P
provides that common carriers using SS7 must, subject to certain
exceptions, transmit the CPN associated with interstate calls to
interconnecting carriers without additional charge. Originating
carriers using SS7 must recognize *67 as a caller's request for
privacy when dialed as the first three digits of an interstate call.
Carriers providing line blocking services are required to recognize
*82 as a caller's request that privacy not be provided and that the
CPN be passed on an interstate call. Subpart P requires carriers to
notify customers of their *67 and * 82 capabilities and restricts
the use of telephone subscriber information. Finally subpart P
restricts the reuse or sale of telephone numbers by subscribers to
Automatic Number Identification (ANI) absent affirmative subscriber
consent.
The Commission adopted the CPN rules in 1994, but stayed the
effective date of portions of the rules regarding CPN passage,
privacy, and education in March 1995. In May 1995, the Commission
amended the rules to resolve uncertainties regarding financial
arrangements and varying state privacy rights, and to prescribe an
education program to support consumer use of Caller ID services. In
1997, the Commission amended the rules to exempt payphones from
blocking and unblocking requirements, and to require private branch
exchanges (PBXs) to provide blocking and unblocking if they passed
CPN to the public switched network. In 2003, the Commission amended
the rules to prohibit telemarketers from blocking Caller ID
information.
Need: The purpose of part 64, subpart P is to protect subscriber
privacy while fostering the development of new and innovative
services.
Legal Basis: 47 U.S.C. 1, 4, 201-205, 218.
Section Number and Title:
64.1600 Definitions.
64.1601 Delivery requirements and privacy restrictions.
64.1602 Restrictions on use and sale of telephone subscriber
information provided pursuant to automatic number identification or
charge number services.
64.1603 Customer notification.
64.1604 Effective date.
Part 65--Interstate Rate of Return Prescription Procedures and
Methodologies
Subpart C--Exchange Carriers
Brief Description: Part 65 sets forth procedures and
methodologies for prescribing and enforcing the rate of return
certain LECs may earn on interstate access service. These rules
establish that the composite weighted average cost of capital is the
sum of the cost of debt, the cost of preferred stock, and the cost
of equity, each weighted by its proportion in the capital structure
of the telephone companies, and the final determinations of the cost
of equity, cost of debt, cost of preferred stock and their capital
structure weights shall be accurate to two decimal places.
Need: The continued use of the weighted average cost of capital
calculation allows us to estimate the cost of capital for LEC
interstate access service. Previous cost of capital calculations
were required to be carried out to the eighth decimal place. We
stated that this degree of specificity was unnecessary and concluded
that cost of capital calculations need only be carried out to two
decimal places.
Legal Basis: 47 U.S.C. 151, 154, 201-205, 218-220, 403.
Section Number and Title:
65.305 Calculation of the weighted average cost of capital.
65.306 Calculation accuracy.
Subpart F--Maximum Allowable Rates of Return
Brief Description: This rule establishes that the maximum
allowable rate of return for rates filed by LECs subject to 61.50
shall be determined by adding a fixed increment of one and one-half
percent to the carriers prescribed rate of return.
Need: In designing an optional incentive-based regulatory system
for the smaller carriers, we proposed to establish an earnings band
similar to the price cap earnings band. In the Notice of Proposed
Rulemaking (NPRM), the Commission proposed that incentive plan LECs
be permitted to earn up to 1 percent (100 basis points) above the
prescribed rate of return. In the final rule, to better balance the
risks and rewards of the incentive plan, the Commission increased
the permissible earnings zone for incentive plan carriers from a 100
to a 150 basis point maximum.
Legal Basis: 47 U.S.C. 51, 154, 201-205, 218-220, 403.
Section Number and Title:
65.700(c) Determining the maximum allowable rate of return.
Part 68--Connection of Terminal Equipment to the Telephone Network
Subpart A--General
Brief Description: Part 68 implements the Hearing Aid
Compatibility Act of 1988 (HAC Act). The HAC Act requires that,
unless exempt, all essential telephones and all telephones
manufactured in or imported into the United States after August 16,
1989 must ``provide internal means for effective use with hearing
aids that are designed to be compatible with telephones which meet
established technical standards for hearing aid compatibility.'' The
scope of this discussion is limited to part 68 as it applies to
telephone compatibility with hearing aids.
Need: Part 68 establishes conditions for direct connection to
the network of registered terminal equipment to prevent network harm
and ensure that telephones are compatible with hearing aids. The
purpose of part 68 is, in part, to provide for uniform standards for
the compatibility of hearing aids and telephones to ensure that
persons with hearing aids have reasonable access to the telephone
network.
Legal Basis: 47 U.S.C. 151-154, 201-205, 303(r), 610.
Section Number and Title:
68.3 Definitions.
Subpart D--Conditions for Terminal Equipment Approval
Brief Description: Among its many provisions, part 68 includes
certain requirements for terminal equipment which implement the
Telephone Consumer Protection Act of 1991 (TCPA). Congress enacted
the TCPA in an effort to address telephone marketing calls and
certain telemarketing practices thought to be an invasion of
consumer privacy and a risk to public safety. The TCPA imposes,
among other things, certain restrictions on the use of automatic
dialing machines and the use of telephone facsimile machines to send
unsolicited advertisements. These restrictions include a requirement
that addresses line seizure by automatic telephone dialing systems
and a requirement that all facsimile transmissions include source
labeling (47 CFR 68.318(c) and 68.318(d) respectively).
In 1995, the Commission amended Sec. 68.318(c) to prohibit
senders of unsolicited facsimiles from providing a 900 number or any
other number for which charges exceed local or long distance
transmission charges for purposes of identification. In 1997, the
Commission redesignated Sec. 68.318(c) as Sec. 68.318(d), and
added a new Sec. 68.318(c) restricting the use of automatic
dialers. In 2003, the Commission amended Sec. 68.318(d) to require
a facsimile broadcaster with a high degree of involvement in a
sender's facsimile message to provide on the facsimile the name
under which it is registered to conduct business with the State
Corporation Commission or comparable regulatory authority.
Need: The purpose of Sec. Sec. 68.318(c) and 68.318(d) is to
implement the TCPA to address telephone marketing calls and certain
telemarketing practices related to the sending of unsolicited
facsimile advertisements thought to be an invasion of consumer
privacy and a risk to public safety.
Legal Basis: 47 U.S.C. 227.
Section Number and Title:
68.318(c)-(d) Additional limitations.
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 local exchange carriers by ensuring
that rates are just, reasonable, and not unjustly or unreasonably
discriminatory. These rules also provide definitions for terms used
in rules.
Need: Sections 69.2(uu) and (vv) define the terms ``price cap
regulation'' and ``signalling for tandem switching'' and are
essential for the implementation and understanding of other rule
sections. Section 69.4(b)(9) was added to help correct the
misallocation of
[[Page 33424]]
general support facility investment and related expenses among the
part 69 cost categories for local exchange carriers.
Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403.
Section Number and Title:
69.2 Definitions.
69.4 Charges to be filed.
Subpart B--Computation of Charges
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 by ensuring that rates are just,
reasonable, and not unjustly or unreasonably discriminatory.
Need: Sections 69.110(f)-(h) were adopted to allow telephone
companies to offer term and volume discounts for entrance facilities
charges after certain conditions are met. Sections 69.111(i)-(k)
were adopted to grant LECs additional flexibility in the form of
density zone pricing, and volume and term discounts. Section
69.112(e) was adopted to provide LECs that did not have DS3 or DS1
special access rates in effect a means to determine appropriate
rates. Sections 69.112(f)-(h) were adopted to allow telephone
companies to offer term and volume discounts in direct-trunked
transport charges after meeting certain conditions. Section
69.123(d) was adopted to grant LECs additional flexibility in the
form of density zone pricing, and volume and term discounts. Section
69.128 enables telecommunications service providers without billing
and collection agreements with LECs to perform their own billing and
collection, thus improving competition in the market for billing and
collection services. Section 69.129 was adopted to enable interested
third parties, including competitive access providers, interexchange
carriers (IXCs), and end users to carry traffic of multiple IXCs
from local exchange carrier end offices to their own tandems, switch
traffic at that point, and deliver the traffic to the appropriate
IXC.
Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403.
Section Number and Title:
69.110 Entrance facilities.
69.111 Tandem-switched transport and tandem charge.
69.112 Direct-trunked transport.
69.123 Density pricing zones for special access and switched
transport.
69.128 Billing name and address.
69.129 Signalling for tandem switching.
Subpart D--Apportionment of Net Investment
Brief Description: The part 69 rules are d