Possible Revision or Elimination of Rules, 32093-32102 [E9-15928]
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules
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Agency, Region 2, Superfund Records
Center, 290 Broadway, Room 1828, New
York, New York 10007–1866, Phone:
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or e-mail at zeolla.michael@epa.gov.
AGENCY: Federal Communications
Commission.
ACTION: Review of regulations;
comments requested.
In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final notice of
deletion of the Wilson Farm Superfund
Site without prior notice of intent to
delete because we view this as a
noncontroversial revision and anticipate
no adverse comment. We have
explained our reasons for this deletion
in the preamble to the direct final
deletion. If we receive no adverse
comment(s) on this notice of intent to
delete or the direct final notice of
deletion, we will not take further action
on this notice of intent to delete. If we
receive adverse comment(s), we will
withdraw the direct final notice of
deletion and it will not take effect. We
will, as appropriate, address all public
comments in a subsequent final deletion
notice based on this notice of intent to
delete. We will not institute a second
comment period on this notice of intent
to delete. Any parties interested in
commenting must do so at this time.
For additional information, see the
direct final notice of deletion which is
located in the Rules section of this
Federal Register.
SUPPLEMENTARY INFORMATION:
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Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, water supply.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
Dated: May 29, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E9–15802 Filed 7–6–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[DA 09–1307]
Possible Revision or Elimination of
Rules
SUMMARY: This document invites
members of the public to comment on
the Federal Communication
Commission’s (FCC’s or Commission’s)
rules to be reviewed pursuant to section
610 of the Regulatory Flexibility Act of
1980, as amended (RFA). The purpose
of the review is to determine whether
Commission rules whose ten-year
anniversary dates are in the year 2008,
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 8, 2009.
ADDRESSES: Submit comments to
Federal Communications Commission,
Office of the Secretary, 445 12th Street,
SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Sharon K. Stewart, Special Assistant to
the Director, Office of Communications
Business Opportunities (OCBO), Federal
Communications Commission, (202)
418–0990. People with disabilities may
contact the FCC to request reasonable
accommodations (accessible format
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documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
SUPPLEMENTARY INFORMATION: Each year
the Commission will publish a list of
ten-year old rules for review and
comment by interested parties pursuant
to the requirements of section 610 of the
RFA.
Public Notice
FCC Seeks Comment Regarding
Possible Revision or Elimination of
Rules Under The Regulatory Flexibility
Act, 5 U.S.C. 610.
CB Docket No. 09–102.
Released: June 24, 2009
1. Pursuant to the Regulatory
Flexibility Act (RFA), see 5 U.S.C.
section 610, the FCC hereby publishes a
plan for the review of rules adopted by
the agency in calendar year 1998 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 in a manner
consistent with the requirements of
section 610 the FCC will consider the
following factors:
(a) The continued need for the rule;
(b) The nature of complaints or
comments received concerning the rule
from the public;
(c) The complexity of the rule;
(d) The extent to which the rule
overlaps, duplicates, or conflicts with
other federal rules and, to the extent
feasible, with State and local
governmental rules; and
(e) The length of time since the rule
has been evaluated or the degree to
which technology, economic conditions,
or other factors have changed in the area
affected by the rule.
4. Appropriate information has been
provided for each rule, including a brief
description of the rule and the need for,
and legal basis of, the rule. The public
is invited to comment on the rules
chosen for review by the FCC according
to the requirements of section 610 of the
RFA. All relevant and timely comments
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will be considered by the FCC before
final action is taken in this proceeding.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (‘‘ECFS’’) or by filing
paper copies. Comments filed through
the ECFS may be sent as an electronic
file via the Internet to https://
www.fcc.gov/cgb/ecfs/. Generally, only
one copy of an electronic submission
must be filed. In completing the
transmittal screen, commenters should
include their full name, U.S. Postal
Service mailing address, and the
applicable docket or rulemaking
number.
Parties may also submit an electronic
comment by Internet e-mail. To obtain
filing instructions for e-mail comments,
commenters should send an e-mail to
ecfs@fcc.gov, and should include the
following words in the body of the
message: ‘‘get form.’’ A sample form and
directions will be sent in reply. Parties
who choose to file by paper must file an
original and four copies of each filing.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. The
Commission’s contractor, Natek, Inc.,
will receive hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002.
The filing hours at this location are 8
a.m. to 7 p.m.
All hand deliveries must be held
together with rubber bands or fasteners.
• Any envelopes must be disposed of
before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should
be addressed to 445 12th Street, SW.,
Washington, DC 20554.
• All filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Comments in this proceeding will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
They may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 202–
488–5300 or 800–378–3160, facsimile
202–488–5563, or via e-mail at
fcc@bcniweb.com. To request materials
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in accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
For additional information on the
requirements of the RFA, the public
may contact Eric Malinen, Attorney
Advisor, Office of Communications
Business Opportunities, 202–418–0990
or visit https://www.fcc.gov/ocbo.
Federal Communications Commission.
Carolyn Fleming Williams, Esq.,
Director, Office of Communications Business
Opportunities.
Appendix
List of rules for review pursuant to the
Regulatory Flexibility Act of 1980, 5
U.S.C. 610, for the ten-year period
beginning in the year 1998 and ending
in the year 2008. All listed rules are in
Title 47 of the Code of Federal
Regulations.
Part 1—Practice and Procedure
Subpart F—Wireless Radio Services
Applications and Proceedings
Brief Description: Part 1 contains
rules pertaining to Commission
practices and procedures. Subpart F sets
forth the rules governing the
authorization and licensing of Wireless
Radio Services.
Need: These rules are needed to set
forth the general application process
and licensing rules for the Wireless
Radio Services, including requirements
concerning specific forms, electronic
filing, application content, ownership
information, waivers, and public notice.
Legal Basis: 47 U.S.C. 154, 161, 303
and 332.
Section Number and Title:
1.901 Basis and purpose.
1.902 Scope.
1.903 Authorization required.
1.907 Definitions.
1.911 Station files.
1.913 Application and notification forms;
electronic and manual filing.
1.915 General application requirements.
1.917 Who may sign applications.
1.919 Ownership information.
1.923 Content of applications.
1.924 Quiet zones.
1.925 Waivers.
1.926 Application processing; initial
procedures.
1.927 Amendment of applications.
1.929 Classification of filings as major or
minor.
1.931 Application for special temporary
authority.
1.933 Public notices.
1.934 Defective applications and dismissal.
1.935 Agreements to dismiss applications,
amendments or pleadings.
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1.937 Repetitious or conflicting
applications.
1.939 Petitions to deny.
1.945 License grants.
1.946 Construction and coverage
requirements.
1.947 Modification of licenses.
1.948 Assignment of authorization or
transfer of control, notification of
consummation.
1.949 Application for renewal of license.
1.951 Duty to respond to official
communications.
1.955 Termination of authorizations.
1.956 Settlement conferences.
1.957 Procedure with respect to amateur
radio operator license.
1.981 Reports, annual and semiannual.
Subpart Q—Competitive Bidding
Proceedings
Brief Description: The Part 1 rules
state the general rules of practice and
procedure before the Federal
Communications Commission. Subpart
Q sets forth the provisions
implementing Section 309(j) of the
Communications Act of 1934, as
amended, authorizing the Commission
to employ competitive bidding
procedures to resolve mutually
exclusive applications for certain initial
licenses.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under
Section 309(j) of the Communications
Act of 1934, as amended.
Legal Basis: 47 U.S.C. 154, 303, and
309(j).
Section Number and Title:
1.2102 Eligibility of applications for
competitive bidding.
1.2103 Competitive bidding design options.
1.2105 Bidding application and
certification procedures; prohibition of
collusion.
1.2107 Submission of down payment and
filing of long-form applications.
1.2111 Assignment or transfer of control;
unjust enrichment.
Part 2—Frequency Allocations and
Radio Treaty Matters; General Rules
and Regulations
Subpart I—Marketing of Radiofrequency
Devices
Brief Description: The rules in part 2,
subpart I, define radiofrequency devices
and specify the requirements for
marketing of such devices.
Need: These rules provide exemption
for certain transmitters and amplifiers as
required by the Act or are under close
control of the licensed user. The rules
allow marketing and operation of Radio
frequency devices under specific
conditions prior to approval of the radio
frequency device. The rules are needed
to allow manufacturers to evaluate, test
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and demonstrate the device for product
suitability.
Legal Basis: 47 U.S.C. 154, 302a, 303,
and 336.
Section Number and Title:
2.803 Marketing of radio frequency devices
prior to equipment authorization.
Subpart J—Equipment Authorization
Procedures
Brief Description: These rules specify
conditions associated with grant of
equipment authorization under the
Commission’s rules.
Need: The rules provide procedures
and conditions under which grants can
be dismissed, limited and revoked. The
rules also specify measurement
procedures to be applied generally for
radio frequency devices. The rules are
needed to ensure devices are properly
authorized and are operating in
accordance with FCC rules to prevent
interference.
Legal Basis: 47 U.S.C. 154, 302a, 303,
and 336.
Section Number and Title:
2.901 Basis and purpose.
2.924 Marketing of electrically identical
equipment having multiple trade names
and models or type numbers under the
same FCC identifier.
2.931 Responsibility of the grantee.
2.933 Change in identification of
equipment.
2.938 Retention of records.
2.943 Submission of equipment for testing.
2.946 Penalty for failure to provide test
samples and data.
2.1041 Measurement procedure.
2.1046 Measurements required: RF power
output.
2.1407 Measurements required: Modulation
characteristics.
2.1049 Measurements required: Occupied
bandwidth.
2.1051 Measurements required: Spurious
emissions at antenna terminals.
2.1053 Measurements required: Field
strength of spurious radiation.
2.1057 Frequency spectrum to be
investigated.
Part 11—Emergency Alert System (EAS)
Subpart D—Emergency Operations
Subpart E—Tests
Brief Description: These rules state
certain technical and operational
procedures for Emergency Alert System
(EAS) Participants.
Need: The identified rules, which
govern EAS tests as well as how an EAS
Participant should respond to the
receipt of an Emergency Action
Notification, are necessary to ensure the
proper functioning of the Emergency
Alert System. The EAS may be used to
provide the heads of state and local
governments, or their designated
representatives, with a means to
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communicate emergency information
with the public.
Legal Basis: Sections 1, 4(i) and (o),
303(r), 624(g) and 706 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) and (o),
303(r), 544(g) and 606.
Section Number and Title:
11.54(b) EAS operation during a National
Level emergency.
[Subpart D]
11.61 Tests of EAS procedures. [Subpart E]
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 provide conditional
temporary operating authority during
which a person who has passed the
necessary examination(s) can operate
while an application is pending before
the Commission.
Legal Basis: 47 U.S.C. 154 and 303,
and applicable treaties and agreements
to which the United States is a party.
Section Number and Title:
13.9(e) Eligibility and application for new
license or endorsement.
13.13(d) Application for a renewed or
modified license.
Note: Currently effective 13.9(e) was
adopted in 1998 as 13.9(d).
Part 15—Radio Frequency Devices
Subpart A—General
Brief Description: These rules specify
the regulations under which certain
radio frequency equipment may be
operated without an individual license.
Need: These rules provide technical
specifications, administrative
requirements and other conditions
relating to the marketing and operations
of Part 15 devices.
Legal Basis: 47 U.S.C. 154, 302a, 303,
304, 307, 336, and 544a.
Section Number and Title:
15.17 Susceptibility to interference.
15.25 Kits.
15.33 Frequency range of radiated
measurements.
Subpart C—Intentional Radiators
Brief Description: These rules specify
the regulations under which certain
radio frequency equipment may be
operated without an individual license.
Need: These rules provide technical
specifications, administrative
requirements and other conditions
relating to the marketing and operations
of Part 15 devices.
Legal Basis: 47 U.S.C. 154, 302a, 303,
304, 307, 336, and 544a.
Section Number and Title:
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15.253 Operation within the bands 46.7–
46.9 GHz and 76.0–77.0 GHz.
Part 18—Industrial, Scientific, and
Medical Equipment
Subpart B—Applications and
Authorizations
Brief Description: These rules specify
the technical standards and other
requirements for certain equipment or
appliances that generate and use local
radiofrequency energy for industrial,
scientific, medical purposes, excluding
telecommunications applications, to be
marketed and operated within the
United States.
Need: These rules are needed to
regulate industrial, scientific and
medical (ISM) equipment that emits
electromagnetic energy on frequencies
within the radiofrequency spectrum in
order to prevent harmful interference to
authorized radio communications
services.
Legal Basis: 47 U.S.C. 4, 301, 302,
303, 304, 307.
Section Number and Title:
18.203 Equipment authorization.
18.207 Technical report.
18.209 Identification of authorized
equipment.
18.211 Multiple listing of equipment.
18.212 Compliance information.
Part 20—Commercial Mobile Radio
Services
Brief Description: These rules set forth
the requirements and conditions
applicable to commercial mobile radio
service providers as they pertain to the
transmission of wireless 911 calls to
Public Safety Answering Points (PSAP).
Need: The identified rules require the
provision of automatic numbering
information and automatic location
information and are intended to ensure
that PSAPs receive adequate
information in order to respond to 911
emergencies.
Legal Basis: Sections 4, 251–2, 303,
and 332, 48 Stat. 1066, 1062, as
amended; 47 U.S.C. 154, 251–4, 303,
and 332.
Section Number and Title:
20.3 Definitions.
20.18 911 Service. [Excluding 47 CFR
20.18(h).]
Part 22—Public Mobile Services
Subpart H—Cellular Radiotelephone
Service
Brief Description: The Part 22 rules
state the conditions under which radio
stations may be licensed and used in the
Paging and Rural, Air-Ground, Cellular
and Offshore Radiotelephone Services.
Subpart H sets forth rules governing the
licensing and operation of cellular
radiotelephone systems.
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Need: This rule informs the public
about the notification and filing
requirements when a licensee makes
minor modifications that result in a
change to the station’s cellular
geographical service area (CGSA) or
involve a contract service area boundary
(SAB) extension.
Legal Basis: 47 U.S.C. 154, 310, 302,
303, 309 and 332.
Section Number and Title:
22.953(c)
Content and form of applications.
Part 24—Personal Communications
Services
Subpart I—Interim Application,
Licensing and Processing Rules for
Broadband PCS
Brief Description: The Part 24 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for personal
communications services (PCS). Subpart
I sets forth rules governing the
submission of applications for
broadband PCS licenses.
Need: These rules establish
restrictions on assignments and
transfers of control of licenses for
frequency blocks C and F.
Legal Basis: 47 U.S.C. 154, 301, 303,
308, 309 and 332.
Section Number and Title:
24.839(a)(1) and (2) Transfer of control or
assignment of license.
Part 52—Numbering
Subpart C—Number Portability
Brief Description: Section 52.33
permits incumbent local exchange
carriers to file tariffs with the
Commission establishing a monthly
number-portability charge, a numberportability query-service charge, and a
number-portability query/
administration charge, to recover
carrier-specific costs directly related to
providing long-term number portability.
The rule also allows all interconnected
VoIP providers and telecommunications
carriers that are not incumbent local
exchange carriers to recover such costs
in any manner consistent with state and
federal law and regulation.
Need: In implementing the statutory
requirements for number portability and
the promotion of local exchange
competition, this rule permits
telecommunications carriers to recover
costs of providing long-term number
portability in a competitively neutral
manner, as required by section 251(e).
Legal Basis: 47 U.S.C. 251(b)(2),
251(d)(1), and 251(e)(2).
Section Number and Title:
52.33(a)(1)–(2), (b) Recovery of carrierspecific costs directly related to
providing long-term number portability.
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Subpart D—Toll Free Numbers
Brief Description: This rule provides
that toll free numbers shall be made
available to subscribers on a first-come,
first-served basis, unless otherwise
directed by the Commission.
Need: The toll free number rules
enable the Commission to ensure the
efficient, fair, and orderly allocation of
toll free numbers, as it is required to do
under section 251(e) of the
Communications Act, as amended. The
Commission has determined that a firstcome, first-served reservation process
ensures an orderly allocation of toll free
numbers, avoids the need to resolve
competing claims among subscribers to
assignment of particular numbers, and
avoids problems of accelerated number
depletion and subscriber disputes about
reservation priority.
Legal Basis: 47 U.S.C. 154(i), 154(j),
251(e).
Section Number and Title:
52.111
Toll free number assignment.
Part 54—Universal Service
Subpart A—General Information
Brief Description: These rules provide
general information regarding the
Universal Service Fund, including
various terms and definitions that are
referenced throughout section 54 of the
Commission’s rules.
Need: In implementing statutory
requirements for the Universal Service
Fund, these rules provide necessary
information regarding terms that may
have different definitions outside the
universal service context.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.5
Terms and definitions.
Subpart B—Services Designated for
Support
Congress has established that only those
entities designated as eligible
telecommunications carriers may
receive support under the Universal
Service support mechanism. These rules
include the requirements regarding the
relinquishment of designation as an
eligible telecommunications carrier.
Need: These rules ensure that the
designation process for eligible
telecommunications carriers meets the
statutory requirements for the Universal
Service support mechanism.
Legal Basis: 47 U.S.C. 214(e)(2),
214(e)(4), 214(e)(6), 254(e).
Section Number and Title:
54.201 Definition of eligible
telecommunications carriers, generally.
Subpart D—Universal Service Support
for High-Cost Areas
Brief Description: These rules specify
the requirements for the high-cost
support mechanism. These rules
provide requirements for how high-cost
support will be calculated and
distributed to eligible
telecommunications providers.
Need: In implementing statutory
requirements for the high-cost program
of the universal service support
mechanism, these rules ensure that rates
in rural, insular and high-cost areas, are
‘‘reasonably comparable’’ to rates
charged for similar services in urban
areas.
Legal Basis: 47 U.S.C. 254(b).
Section Number and Title:
54.301 Local switching support.
54.303 Long term support.
54.307 Support to a competitive eligible
telecommunications carrier.
Subpart E—Universal Service Support
for Low-Income Consumers
Subpart C—Carriers Eligible for
Universal Service Support
Brief Description: These rules specify
the requirements for the Lifeline and
Linkup Program of the universal service
support mechanism. The rules establish
the requirements for eligible consumers
and eligible telecommunications
carriers. The rules also establish
certification and verification
requirements, as well as recordkeeping
and auditing requirements.
Need: In implementing statutory
requirements for the Lifeline and
Linkup Program of the universal service
support mechanism, these rules ensure
that quality telecommunications
services are available to low-income
consumers at reasonable and affordable
rates.
Legal Basis: 47 U.S.C. 254(b).
Section Number and Title:
Brief Description: These rules specify
the requirements for the designation of
eligible telecommunications carriers.
54.400
54.401
54.403
Brief Description: These rules specify
the supported services for rural, insular
and high-cost areas. These rules also
specify the requirement to offer all
designated services, as well as provide
additional time for telecommunications
carriers to complete network upgrades.
Need: These rules ensure that rural,
insular and high-cost areas receive
support for the specified designated
telecommunications services.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.101 Supported services for rural, insular
and high-cost areas.
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Terms and definitions.
Lifeline defined.
Lifeline support amount.
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules
Subpart F—Universal Service Support
for Schools and Libraries
Brief Description: These rules specify
the requirements for participation in the
Schools and Libraries Program of the
universal service support mechanism.
The rules describe requirements
regarding eligible entities, and the
services eligible for discounted support.
The rules also establish procedures for
the application process, competitive
bidding process, and the distribution of
support. Finally, these rules establish
recordkeeping and auditing
requirements.
Need: In implementing statutory
requirements for the Schools and
Libraries support mechanism, these
rules ensure that eligible schools,
libraries, and consortia that include
eligible schools and libraries receive
discounts for eligible
telecommunications services, Internet
access, and internal connections.
Legal Basis: 47 U.S.C. 254(h)(1)(B).
Section Number and Title:
54.502 Supported telecommunications
services.
54.503 Other supported special services.
54.504 Requests for services.
54.505 Discounts.
54.506 Internal connections.
54.507 Cap.
54.509 Adjustments to the discount matrix.
54.511 Ordering services.
54.515 Distributing support.
54.516 Auditing.
54.517 Services provided by nontelecommunications carriers.
54.518 Support for wide area networks.
54.519 State telecommunications networks.
Subpart G—Universal Service Support
for Health Care Providers
Brief Description: These rules specify
the requirements for participation in the
Rural Health Care Program of the
universal service support mechanism.
The rules establish the requirements for
eligible health care providers, and the
services eligible for discounted support.
The rules also establish procedures for
the application process, competitive
bidding process, and the distribution of
support. Finally, these rules establish
recordkeeping and auditing
requirements.
Need: In implementing statutory
requirements for the Rural Health Care
support mechanism, these rules ensure
that discounts are available to eligible
rural health care providers for
telecommunications services and
monthly Internet access service charges.
Legal Basis: 47 U.S.C. 254(h)(2)(A).
Section Number and Title:
54.603
54.604
54.605
Competitive bid requirements.
Existing contracts.
Determining the urban rate.
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54.609 Calculating support.
54.619 Audits and recordkeeping.
54.623 Cap.
54.625 Support for services beyond the
maximum supported distance for rural
health care providers.
54.723 Standard of review.
54.724 Time periods for Commission
approval of Administrator decisions.
54.725 Universal service disbursements
during pendency of a request for review
and Administrator decision.
Subpart H—Administration
Brief Description: These rules specify
the requirements regarding the
Universal Service Administrative
Company, as the permanent
Administrator for the universal service
support mechanism. These rules
establish the Administrator’s functions
and responsibilities, as well as the
composition of the Administrator’s
Board of Directors and Committees.
These rules also establish requirements
regarding contributions and contributor
reporting requirements.
Need: In implementing statutory
requirements for the universal service
support mechanism, these rules provide
the framework and requirements for the
administration of the program.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
Part 61—Tariffs
54.701 Administrator of universal service
support mechanisms.
54.702 Administrator’s functions and
responsibilities.
54.703 The Administrator’s Board of
Directors.
54.704 The Administrator’s Chief Executive
Officer.
54.705 Committees of the Administrator’s
Board of Directors.
54.706 Contributions.
54.708 De minimis exemption.
54.709 Computations of required
contributions to universal service
support mechanisms.
54.711 Contributor reporting requirements.
54.715 Administrative expenses of the
Administrator.
Subpart I—Review of Decisions Issued
by the Administrator
Brief Description: These rules specify
the requirements regarding review of
decisions issued by the Universal
Service Administrative Company. These
rules establish the filing requirements,
review process, and the treatment of
disbursements during the pending
review process.
Need: In implementing statutory
requirements for the universal service
support mechanism, these rules provide
the framework and requirements for the
review of decisions issued by the
Administrator.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.719 Parties permitted to seek review of
Administrator decisions.
54.720 Filing deadlines.
54.721 General filing requirements.
54.722 Review by the Wireline Competition
Bureau or the Commission.
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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 help ensure that rates
are just, reasonable, and not unjustly or
unreasonably discriminatory. The rules
govern the filing, form, content, public
notice periods, and accompanying
support materials for tariffs. Section
61.52(c) requires incumbent local
exchange carriers to file tariffs and
associated documents electronically.
Need: This rule makes the filing of
tariffs and associated documents easier
and less expensive for carriers, and
expedites the availability of tariffs and
associated documents for public
inspection.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, and 403.
Section Number and Title:
61.52(c)
Form, size, type, legibility, etc.
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 help ensure that rates
are just, reasonable, and not unjustly or
unreasonably discriminatory. The rules
govern the filing, form, content, public
notice periods, and accompanying
support materials for tariffs. Section
61.58 establishes notice requirements
for filed tariffs. Section 61.58(e)
provides notice requirements for tariffs
filed by non-price cap carriers.
Need: Section 61.58(e) was adopted to
provide adequate opportunity for review
of tariffs filed by non-price cap carriers.
The periods were shortened to reduce
carriers’ regulatory burden without
restricting the Commission’s ability to
perform its statutory duty.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, and 403.
Section Number and Title:
61.58(e)
Notice requirements.
Part 64—Miscellaneous Rules Relating
to Common Carriers
Subpart G—Furnishing of Enhanced
Services and Customer-Premises
Equipment by Communications
Common Carriers; Telephone Operator
Services
Brief Description: This rule specifies
that providers of operator services must
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disclose to the consumer, at no charge
and before connecting any interstate
non-access code operator service call,
how to obtain the total cost of the call
before providing further oral advice to
the consumer on how to proceed to
make the call.
Need: These provisions address the
problem of widespread consumer
dissatisfaction with the high rates
charged by many operator services
providers for calls from public phones
and other aggregator locations such as
hotels, hospitals, and educational
institutions. The rules were designed to
ensure that consumers receive sufficient
information about the rates they will
pay for operator services at public
phones and other aggregator locations,
thereby fostering a more competitive
operator service provider marketplace.
Legal Basis: 47 U.S.C. 151, 154, 160,
201–205, 215, 218, 226, 254.
Section Number and Title:
64.703(a)(4)
Consumer information.
Brief Description: These rules exempt
Commercial Mobile Radio Service
(CMRS) aggregators (entities that make
telephones available to the public or to
transient users of the entity’s premises
for interstate calls using a provider of
CMRS operator services) and providers
of CMRS operator services from the
general rules (a) prohibiting aggregators
from blocking consumers from calling
800 and 950 access code numbers to
access the consumer’s choice of operator
services providers; and (b) restricting
charges related to the provision of
operator services (e.g., prohibiting
operator service providers from billing
for unanswered telephone calls).
Need: The Commission has
determined that the equal access and
unblocking regulations established in
this section are generally unnecessary to
protect consumers of CMRS, and would
increase the cost of CMRS service
without producing any identifiable
benefits.
Legal Basis: 47 U.S.C. 154, 201, 218,
226(e).
Section Number and Title:
64.704(e) Call blocking prohibition/
exemption for CMRS aggregators and
CMRS operator services providers.
64.705(c) Restrictions on charges related to
the provision of operator services/
exemption for CMRS aggregators and
CMRS operator services providers.
Brief Description: These rules define a
‘‘CMRS aggregator’’ as ‘‘an aggregator
that, in the ordinary course of its
operations, makes telephones available
to the public or to transient users of its
premises for interstate telephone calls
using a provider of CMRS operator
services;’’ ‘‘CMRS operator services’’ as
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operator services provided by means of
a commercial mobile radio service; and
‘‘Provider of CMRS operator services’’ as
a provider of operator services that
provides CMRS operator services.
Need: These rules define and provide
necessary information regarding specific
types of service providers that are
exempt from certain portions of the
rules in this subpart and that may have
different definitions outside of this
context.
Legal Basis: 47 U.S.C. 154, 201, 202,
218, 226, 332.
Section Number and Title:
64.708(d) Definitions: CMRS aggregator.
64.708(e) Definitions: CMRS operator
services.
64.708(k) Definitions: Provider of CMRS
operator services.
Brief Description: Section 64.709
provides for the filing of operator
service informational tariffs, and
requires that such tariffs must include
specific rates expressed in dollars and
cents, as well as applicable per-call
aggregator surcharges or other per-call
fees, if any, that are collected from
consumers.
Need: This provision seeks to make
operator service provider informational
tariffs more useful to consumers,
allowing them to make rational
purchasing decisions, and impose
market-based discipline on operator
service providers.
Legal Basis: 47 U.S.C. 226(h)(1)(A).
Section Number and Title:
64.709
Informational tariffs.
Brief Description: This rule
establishes certain requirements for
operator services providers serving
prison inmates, such as required
disclosures concerning call rates and
total costs, and requiring service
providers to allow prisoners to
terminate a call at no charge before the
call is connected.
Need: This provision furthers the
Commission’s statutory obligation to
‘‘ensur[e] that consumers have the
opportunity to make informed choices’’
in using operator services to place
interstate telephone calls. The
Commission adopted price disclosure
rules for providers of inmate operator
services that are similar to those
applicable to operator service providers
in order to ‘‘eliminate some of the
abusive practices that have led to
complaints’’ and to protect recipients of
collect calls from inmates from being
charged excessive rates by a monopoly
provider.
Legal Basis: 47 U.S.C. 47 U.S.C. 151,
154, 160, 201–205, 215, 218, 226, 254.
Section Number and Title:
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64.710 Operator services for prison inmate
phones.
Subpart U—Customer Proprietary
Network Information
Brief Description: These rules provide
general information, including various
terms and definitions referenced
throughout subpart U, regarding the
proper use of customer proprietary
network information (CPNI), and the
duty of telecommunications carriers to
protect the confidentiality of CPNI.
Need: Congress recognized that the
new competitive market forces and
technology ushered in by the 1996 Act
had the potential to threaten consumer
privacy interests, and therefore enacted
section 222 to prevent consumer privacy
protections from being inadvertently
swept away along with the prior limits
on competition. The CPNI regulations in
section 222 are largely consumer
protection provisions that establish
restrictions on carrier use and
disclosure of personal customer
information. The statutory design
expressly recognizes the duty of all
carriers to protect customer information
and embodies the principle that
customers must be able to control
information they view as sensitive and
personal from use, disclosure, and
access by carriers.
Legal Basis: 47 U.S.C. 154, 222,
254(k).
Section Number and Title:
64.2001
64.2003
Basis and purpose.
Definitions.
Brief Description: This rule describes
the circumstances under which
telecommunications carriers may, and
may not, use, disclose or permit access
to CPNI without prior customer
approval.
Need: These rules further Congress’
goals of fostering competition in
telecommunications markets and
ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218,
222, 254(k).
Section Number and Title:
64.2005 Use of customer proprietary
network information without customer
approval.
Brief Description: This rule
establishes the methods
telecommunications carriers may use to
obtain valid prior customer approval for
the use of CPNI; requires carriers to
maintain the customer’s approval or
disapproval in effect until the customer
revokes or limits it; and requires carriers
to maintain records of customer
approval for at least one year.
Need: These rules further Congress’
goals of fostering competition in
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telecommunications markets and
ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218,
222, 254(k).
Section Number and Title:
64.2007 Approval required for use of
customer proprietary network
information.
Brief Description: This rule requires
carriers to provide notice to customers
of their right to restrict the use of,
disclosure of, and access to the
customer’s CPNI, establishes the
methods for providing and the required
content of such notice, and requires
carriers to maintain records of this
notification for at least one year.
Need: These rules further Congress’
goals of fostering competition in
telecommunications markets and
ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218,
222, 254(k).
Section Number and Title:
64.2008 Notice required for use of customer
proprietary network information.
Brief Description: This rule
establishes safeguards that carriers must
implement to ensure compliance with
the Commission’s CPNI regulations,
including specific record keeping,
personnel training, and disciplinary,
compliance and certification processes.
Need: These rules further Congress’
goals of fostering competition in
telecommunications markets and
ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218,
222, 254(k).
Section Number and Title:
64.2009 Safeguards required for use of
customer proprietary network
information.
Part 69—Access Charges
Subpart C—Computation of Charges for
Price Cap Local Exchange Carriers
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 to protect consumers by
helping to prevent the exercise of
market power by incumbent local
exchange carriers. Section 69.153 allows
price cap LECs to assess a per-line
charge on multi-line business
subscribers’ presubscribed
interexchange carriers. This charge is
designed to reflect the non-traffic
sensitive nature of local loop costs.
Section 69.153(e) establishes the
maximum monthly presubscribed
interexchange carrier charge (PICC)
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price cap LECs may assess for Centrex
lines, adopting a ratio of up to nine
Centrex lines for one private branch
exchange (PBX) trunk.
Need: Section 69.153(e) provides
similar regulatory treatment with regard
to PICC between the functionally
equivalent Centrex and PBX trunk
services.
Legal Basis: 47 U.S.C. 154, 201, 202,
203, 205, 218, 220, 254, 403.
Section Number and Title:
69.153 Presubscribed interexchange carrier
charge (PICC).
Part 73—Broadcast Radio Services
Subpart E—Television Broadcast
Stations
Brief Description: These rules specify
showings that must be made in
applications filed by TV broadcast
stations who wish to use electrical beam
tilt.
Need: In implementing statutory
requirements for the transition to digital
broadcasting, these rules set forth
technical showings that applicants must
provide when applying to use electrical
beam tilt to increase the power of an
UHF DTV station. These showings are
necessary for Commission staff
evaluation of competing applications for
DTV stations.
Legal Basis: 47 U.S.C. 154, 303, 334,
336.
Section Number and Title:
73.625(c)(5) DTV coverage of principal
community and antenna system.
Subpart H—Rules Applicable to All
Broadcast Stations
Brief Description: The Part 73 rules
state the general rules applicable to all
broadcast services. Subpart H sets forth
the rules common to all AM, FM, TV
and Class A TV broadcast services,
commercial and noncommercial. This
rule applies the prohibition of collusion
to all broadcast services subject to
competitive bidding.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority for
broadcast services under Section 309(j)
of the Communications Act of 1934, as
amended, and to confirm that the
Commission’s rules prohibiting
collusion applies to all broadcast
services subject to competitive bidding.
This section conforms the auction rules
and procedures for broadcast
construction permits with the
Commission’s Part 1 auction rules.
Legal Basis: 47 U.S.C. 154, 303, 309(j),
334 and 336.
Section Number and Title:
73.3525(1) Agreements for removing
application conflicts.
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Brief Description: This rule applies
subsections (c) and (d) of Section
73.3597 to mutually exclusive
noncommercial applications filed after
the release of 1998 Biennial Regulatory
Review, Streamlining of Mass Media
Applications, Rules, and Processes, MM
Docket 98–43, 13 FCC Rcd 23056 (Nov.
25, 1998).
Need: This section clarifies which
applications are subject to subsections
(c) and (d) of this rule.
Legal Basis: 47 U.S.C. 154, 301, 303,
307, 308, and 309.
Section Number and Title:
73.3597(c)(1)(iii) Procedures on transfer and
assignment applications.
Brief Description: This rule eliminates
the requirement that sales agreements
and contracts be filed with the
Commission within thirty days of
execution, where the reporting entity
has already filed the sales contract with
an assignment or transfer application.
Need: This section reduces the filing
burdens on licensees.
Legal Basis: 47 U.S.C. 154, 301, 303,
307, 308, and 309.
Section Number and Title:
73.3613(b)(7)
Filing of contracts.
Subpart I—Procedures for Competitive
Bidding and for Applications for
Noncommercial Educational Broadcast
Stations on Non-Reserved Channels
Brief Description: The Part 73 rules
state the general rules for broadcast
services. Subpart I sets forth the
procedures for competitive bidding and
applications for non-commercial
educational broadcast stations on nonreserved channels. The rules below
implement amended Section 309(j) of
the Communications Act, which
requires the Commission to use auctions
to select from among all mutually
exclusive applications broadcast
construction permits.
Need: These rules amend the
disparate application procedures for the
various broadcast services to establish a
uniform window filing approach. These
rules also conform the procedures for
auctioning mutually exclusive
applications for broadcast construction
permits to the Commission’s Part 1
auction rules.
Legal Basis: 47 U.S.C. 154, 301, 303,
309 (j), 334, and 336.
Section Number and Title:
73.5000 Services subject to competitive
bidding.
73.5002 Application and certification
procedures; return of mutually exclusive
applications not subject to competitive
bidding procedures; prohibition of
collusion.
73.5003 Submission of full payments.
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73.5005 Filing of long-form applications.
73.5006 Filing of petitions to deny against
long-form applications.
73.5007 Designated entity provisions.
73.5008 Definitions applicable for
designated entity provisions.
73.5009 Assignment of transfer of control.
Part 74—Experimental Radio,
Auxiliary, Special Broadcast and Other
Program Distributional Services
Subpart L—FM Broadcast Translator
Stations and FM Broadcast Booster
Stations
Brief Description: These rules set forth
technical standards for FM translator
and booster stations along the United
States borders.
Need: These rules are necessary to
prevent interference with Canadian and
Mexican broadcast stations.
Legal Basis: 47 U.S.C. 154, 303, 307,
and 554.
Section Number and Title:
74.1235(d)(1), (2) and (3) Power limitations
and antenna systems.
Part 79—Closed Captioning and Video
Description of Video Programming
Brief Description: In 1996, Congress
added section 713 to the
Communications Act of 1934, as
amended (the Act), requiring the
Commission to adopt rules for the
closed captioning of video
programming. Among other things,
these rules establish implementation
schedules, provide for who is
responsible for compliance and how
compliance is determined, and set forth
categorical, self-implementing
exemptions from the rules. In 1998, the
Commission added another selfimplementing exemption to those it
adopted the previous year. This one,
found at 79.1(d)(13), covers
instructional programming that is
locally produced by public television
stations for use in grades K–12 and post
secondary schools. Regarding how
compliance is determined, the
Commission also added a provision to
the rules that recognizes that there may
be times when the captioning
requirements can be problematic due to
a variety of factors. As such, 79.1(e)(10)
states that the Commission will consider
showings that any lack of captioning
was de minimis and reasonable under
the circumstances.
Need: Closed captioning is the visual
display of the audio portion of video
programming. These rules implement
section 713 of the Act, through which
Congress required that video
programming be closed captioned in
order to ensure access by persons with
hearing disabilities to video
programming. The 1998 rule changes
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allow for certain educational
programming to be exempt from the
closed captioning rules, because such
programming is not intended for
widespread distribution, and it is
subject anyway to other Federal
requirements that ensure that adequate
efforts will be taken to make it
accessible on a case by case basis. The
rule changes also provide guidance as to
how the Commission will address
complaints regarding lack of closed
captioning where the lack of captioning
arguably was de minimis and reasonable
under the circumstances.
Legal Basis: 47 U.S.C. 613
Section Number and Title:
79.1(d)(13), (e)(10) Closed captioning of
video programming.
Part 80—Stations in the Maritime
Services
Subpart B—Applications and Licenses
Brief Description: The Part 80 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for stations in the
maritime services. Subpart B sets forth
the procedures and requirements for the
filing of applications for license to
operate radio facilities in the maritime
services.
Need: These rules establish an
exemption for certain vessels from
annual inspection and requirements for
partitioning licenses and disaggregating
spectrum.
Legal Basis: 47 U.S.C. 154, 303, 307,
309, and 332.
Section Number and Title:
80.59(d)(2) Compulsory ship inspections.
80.60 Partitioned licenses and
disaggregated spectrum.
Subpart C—Operating Requirements
and Procedures
Brief Description: The Part 80 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for stations in the
maritime services. Subpart C sets forth
the technical, operational, and
administrative requirements for use of
the spectrum and equipment for stations
in the maritime services.
Need: This rule permits certain VHF
public coast licensees and certain
automated maritime
telecommunications system (AMTS)
coast licensees to transfer or assign their
channel(s) or channel block(s) to
another entity.
Legal Basis: 47 U.S.C. 154, 303, 307,
309, and 332.
Section Number and Title:
80.70(c) Special conditions relative to coast
station VHF facilities.
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Subpart H—Frequencies
Brief Description: The Part 80 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for stations in the
maritime services. Subpart H describes
the carrier frequencies and general uses
of radiotelegraphy for distress, urgency,
safety, call and reply; working; digital
selective calling; narrow-band directprinting; and facsimile for stations
within the maritime services.
Need: These rules list and establish
requirements for the radiotelephony
working frequencies assignable to
Marine VHF 156–162 MHz band public
coast stations for public correspondence
communications with ship stations and
units on land.
Legal Basis: 47 U.S.C. 154, 303, 307,
309, and 332.
Section Number and Title:
80.371(c)(1)(i), (ii), (iii), (2), (3), and (4)
Public correspondence frequencies.
Subpart Y—Competitive Bidding
Procedures
Brief Description: The Part 80 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for stations in the
maritime services. Subpart Y sets forth
the rules governing the use of
competitive bidding to resolve mutually
exclusive VHF Public Coast Service
Area (VPCSA) and automated maritime
telecommunications system (AMTS)
applications for initial licenses.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under 47
U.S.C. 309(j). The provisions in 80.1252
are necessary to administer the
Commission’s designated entity
program under which small businesses
meeting certain eligibility criteria may
receive bidding credits on their winning
bids.
Legal Basis: 47 U.S.C. 154, 303, 307,
309, and 332.
Section Number and Title:
80.1251 Maritime communications
[services] subject to competitive bidding.
80.1252 Designated entities.
Part 90—Private Land Mobile Radio
Services
Subpart J—Non-Voice and Other
Specialized Operations
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 J
sets forth requirements and standards
for licensing and operation of non-voice
and other specialized radio uses,
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including secondary signaling,
telemetry, radioteleprinter,
radiofacsimile, automatic vehicle
monitoring, radio call box, relay,
vehicular repeater, and control station
operations.
Need: This rule permits the use of
40.66–40.70 MHz and 216–220 MHz
frequency bands for the tracking of, and
the telemetry of scientific data from
ocean buoys and animal wildlife.
Legal Basis: 47 U.S.C. 154, 303, and
332.
Section Number and Title:
90.248
Wildlife and ocean buoy tracking.
Subpart M—Intelligent Transportation
Systems Radio Service
Brief Description: The Part 90 rules
state the conditions under which radio
communications systems may be
licensed and used in the Public Safety
Pool, Industrial/Business Radio Pool,
and Radiolocation Radio Services.
Subpart M governs Intelligent
Transportation Systems radio services,
which include the Location and
Monitoring Service (LMS) and
Dedicated Short Range Communications
Service (DSRCS).
Need: The rule, permits LMS
licensees to partition licenses and
disaggregate spectrum, and is intended
to allow auction winners of LMS
spectrum to customize their LMS
systems to suit their business plans and
helps remove entry barriers for small
businesses. Legal Basis: 47 U.S.C. 154(i),
161, 303(g), 303(r), 332(c)(7).
Section Number and Title:
90.365 Partitioned licenses and
disaggregated spectrum.
Subpart R—Regulations Governing the
Licensing and Use of Frequencies in the
764–776 and 794–806 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
Pool, Industrial/Business Radio Pool,
and Radiolocation Radio Services.
Subpart R sets forth the regulations
governing the licensing and operations
of all systems operating in the 763–775
MHz and 793–805 MHz frequency
bands.
Need: The identified rules govern
eligibility as well as operational,
planning and licensing requirements
and standards for stations licensed in
the 763–775 MHz and 793–805 MHz
bands.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
Section Number and Title:
90.521
90.523
90.527
Scope.
Eligibility.
Regional plan requirements.
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90.531 Band plan.
90.533 Transmitting sites near the U.S./
Canada or U.S./Mexico border.
90.535 Modulation and spectrum usage
efficiency requirements.
90.537 Trunking requirement.
90.539 Frequency stability.
90.541 Transmitting power limits.
90.543 Emission limitations.
90.545 TV/DTV interference protection
criteria.
90.549 Transmitter certification.
90.551 Construction requirements.
Subpart T—Regulations Governing
Licensing and Use of Frequencies in the
220–222 MHz Band
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 T
sets forth the administrative,
operational, and technical rules
governing licensing and use of
frequencies in the 220–222 MHz Band,
including eligibility, frequency and
channel availability, permissible
operations, frequency selection and
assignment, and construction
requirements.
Need: These rules calculate Phase I
licensee service areas based on
predicted service contours; inform
Phase I licensees when they may add,
remove, or modify a transmitter site
within their existing service area
without prior notification to the
Commission; when they may exchange
multiple licenses for a single
authorization and when adding,
removing or modifying a site requires
coordination of those actions to avoid
and resolve issues of harmful
interference.
Legal Basis: 47 U.S.C. 154, 303, and
332.
Section Number and Title:
90.723(g) and (h) Selection and assignment
of frequencies.
90.745 Phase I licensee service areas.
Subpart X—Competitive Bidding
Procedures for Location and Monitoring
Service
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 X
sets forth the rules governing the use of
competitive bidding to resolve mutually
exclusive multilateration Location and
Monitoring Service applications for
initial licenses.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under 47
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32101
U.S.C. 309(j). The provisions in 90.1103
are necessary to administer the
Commission’s designated entity
program under which small businesses
meeting certain eligibility criteria may
receive bidding credits on their winning
bids.
Legal Basis: 47 U.S.C. 154, 161, 303,
309, and 332.
Section Number and Title:
90.1101 Location and monitoring service
subject to competitive bidding.
90.1103 Designated entities.
Part 95—Personal Radio Services
Subpart A—General Mobile Radio
Service (GMRS)
Brief Description: The Part 95 rules
govern the Personal Radio Services,
including the General Mobile Radio
Service, Family Radio Service, Radio
Control Radio Service, Citizens Band
Radio Service, 218–219 MHz Service,
Low Power Radio Service, Wireless
Medical Telemetry Service, Medical
Implant Communications Service, and
Multi-Use Radio Service. Subpart A
applies to the General Mobile Radio
Service.
Need: The rule informs station
operators which communications are
prohibited, including messages for hire,
false or deceptive messages, and
messages in connection with any illegal
activity.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.183
Prohibited communications.
Part 97—Amateur Radio Service
Subpart A—General Provisions
Brief Description: The Part 97 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for amateur radio
service. Subpart A contains
administrative, technical, and
operational requirements for use of the
spectrum and equipment in the amateur
radio service.
Need: This rule provides guidance on
the issuance of International Amateur
Radio Permits (IARP).
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.5(e)
Station license required.
Subpart D—Technical Standards
Brief Description: The Part 97 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for amateur radio
service. Subpart D outlines technical
standards for the frequency bands
available to amateur stations.
Need: The rule suspends amateur
station transmitting in the 76–77 GHz
segment of the 4 mm band.
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32102
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.303(r)
Frequency sharing requirements.
Part 101—Fixed Microwave Services
Subpart A—General
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, Local Television
Transmission Service (LTTS), 24 GHz
Service, Local Multipoint Distribution
Service (LMDS), 39 GHz, Multiple
Address Service (MAS), Multichannel
Video Distribution and Data Service
(MVDDS) and 70–80–90 GHz fixed,
microwave operations that require
transmitting facilities on land or in
specified offshore coastal areas within
the continental shelf. Subpart A sets
forth the scope of and authority for the
remaining rules in Part 101, as well as
setting forth definitions of certain terms
used in the remaining rules.
Need: The identified rule is necessary
to refer to the rules of practice and
procedure in Part 1 of the rules that are
applicable to services regulated under
Part 101 of the rules.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.1(a)
Scope and authority.
Subpart B—Applications and Licenses
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, Local Television
Transmission Service (LTTS), 24 GHz
Service, Local Multipoint Distribution
Service (LMDS), 39 GHz, Multiple
Address Service (MAS), Multichannel
Video Distribution and Data Service
(MVDDS) and 70–80–90 GHz fixed,
microwave operations that require
transmitting facilities on land or in
specified offshore coastal areas within
the continental shelf. Subpart B sets
forth the rules governing applications
and licenses in those fixed microwave
services subject to Part 101.
Need: The identified rules are
necessary to establish service areas and
performance requirements for the 38.6–
40.0 GHz band, allow partitioning and
disaggregation in that band, define the
general filing requirements for licensees
in the private operational, common
carrier, LTTS, 24 GHz, LMDS, MAS,
MVDDS and 70–80–90 GHz Services
and to provide specific procedures for
the licensing, operation, and
modification of facilities in those
services.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
VerDate Nov<24>2008
14:44 Jul 06, 2009
Jkt 217001
101.17 Performance requirements for the
38.6–40.0 GHz frequency band.
101.31(e)(1)(viii) Temporary and
conditional authorizations.
101.56 Partitioned service areas (PSAs) and
disaggregated spectrum.
101.64 Service areas.
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, Local Television
Transmission Service (LTTS), 24 GHz
Service and Local Multipoint
Distribution Service (LMDS), 39 GHz,
Multiple Address Service (MAS),
Multichannel Video Distribution and
Data Service (MVDDS) and 70–80–90
GHz fixed, microwave operations that
require transmitting facilities on land or
in specified offshore coastal areas
within the continental shelf. Subpart C
sets forth the technical requirements for
such services.
Need: The identified rules are
necessary to assign frequencies for
systems in the 38.6–40 GHz band on an
Economic Area service area basis and to
clarify that non-LMDS operations in the
31,000–31,300 MHz band licensed after
March 11, 1997 are secondary to Local
Multipoint Distribution Service
operations and are unprotected with
respect to each other.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.103(b)(3) Frequency coordination
procedures.
101.147(v)(2) Frequency assignments.
Subpart N—Competitive Bidding
Procedures for the 38.6–40.0 GHz Band
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, Local Television
Transmission Service (LTTS), 24 GHz
Service and Local Multipoint
Distribution Service (LMDS), 39 GHz,
Multiple Address Service (MAS),
Multichannel Video Distribution and
Data Service (MVDDS) and 70–80–90
GHz fixed, microwave operations that
require transmitting facilities on land or
in specified offshore coastal areas
within the continental shelf. Subpart N
sets forth the rules governing the use of
competitive bidding to resolve mutually
exclusive applications for initial
licenses in the 38.6–40.0 GHz Band.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under 47
U.S.C. 309(j). The provisions in 47 CFR
101.1208 and 101.1209 are necessary to
administer the Commission’s designated
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entity program under which small
businesses meeting certain eligibility
criteria may receive bidding credits on
their winning bids.
Legal Basis: 47 U.S.C. 154, 303, and
309.
Section Number and Title:
101.1201 38.6–40.0 GHz subject to
competitive bidding.
101.1208 Bidding credits for small
businesses.
101.1209 Definitions.
[FR Doc. E9–15928 Filed 7–6–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1362; MB Docket No. 09–98; RM–
11536]
Radio Broadcasting Services; Leupp,
AZ
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: This document sets forth a
proposal to amend the FM Table of
Allotments, Section 73.202(b) of the
Commission’s rules, 47 CFR Section
73.202(b). The Commission requests
comment on a petition filed by Cochise
Broadcasting LLC, licensee of FM
Station KZXK, Doney Park, Arizona.
Petitioner proposes the substitution of
FM Channel 293C2 for vacant Channel
255C2 at Leupp, Arizona. The purpose
of the requested channel substitution at
Custer is to allow FM Station KZXK to
go from being a short-spaced station
authorized pursuant to Section 73.215
of the Commission’s rules and using a
directional antenna to a fully-spaced
station using an omnidirectional
antenna. Channel 293C2 can be allotted
at Leupp in compliance with the
Commission’s minimum distance
separation requirements without site
restriction at 35–17–02 North Latitude
and 110–57–52 West Longitude. See
SUPPLEMENTARY INFORMATION infra.
DATES: Comments must be filed on or
before August 10, 2009, and reply
comments on or before August 25, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve
petitioner’s counsel as follows: Susan A.
Marshall, Esq., Ann Goodwin Crump,
Esq., Fletcher, Heald & Hildreth, P.L.C.,
1300 N. 17th Street—Eleventh Floor,
Arlington, Virginia 22209.
E:\FR\FM\07JYP1.SGM
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Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Proposed Rules]
[Pages 32093-32102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15928]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[DA 09-1307]
Possible Revision or Elimination of Rules
AGENCY: Federal Communications Commission.
ACTION: Review of regulations; comments requested.
-----------------------------------------------------------------------
SUMMARY: This document invites members of the public to comment on the
Federal Communication Commission's (FCC's or Commission's) rules to be
reviewed pursuant to section 610 of the Regulatory Flexibility Act of
1980, as amended (RFA). The purpose of the review is to determine
whether Commission rules whose ten-year anniversary dates are in the
year 2008, 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 8, 2009.
ADDRESSES: Submit comments to Federal Communications Commission, Office
of the Secretary, 445 12th Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Sharon K. Stewart, Special Assistant
to the Director, Office of Communications Business Opportunities
(OCBO), Federal Communications Commission, (202) 418-0990. People with
disabilities may contact the FCC to request reasonable accommodations
(accessible format documents, sign language interpreters, CART, etc.)
by e-mail: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list
of ten-year old rules for review and comment by interested parties
pursuant to the requirements of section 610 of the RFA.
Public Notice
FCC Seeks Comment Regarding Possible Revision or Elimination of
Rules Under The Regulatory Flexibility Act, 5 U.S.C. 610.
CB Docket No. 09-102.
Released: June 24, 2009
1. Pursuant to the Regulatory Flexibility Act (RFA), see 5 U.S.C.
section 610, the FCC hereby publishes a plan for the review of rules
adopted by the agency in calendar year 1998 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 in a manner consistent with the
requirements of section 610 the FCC will consider the following
factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the
rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts
with other federal rules and, to the extent feasible, with State and
local governmental rules; and
(e) The length of time since the rule has been evaluated or the
degree to which technology, economic conditions, or other factors have
changed in the area affected by the rule.
4. Appropriate information has been provided for each rule,
including a brief description of the rule and the need for, and legal
basis of, the rule. The public is invited to comment on the rules
chosen for review by the FCC according to the requirements of section
610 of the RFA. All relevant and timely comments
[[Page 32094]]
will be considered by the FCC before final action is taken in this
proceeding.
Comments may be filed using the Commission's Electronic Comment
Filing System (``ECFS'') or by filing paper copies. Comments filed
through the ECFS may be sent as an electronic file via the Internet to
https://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic
submission must be filed. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket or rulemaking number.
Parties may also submit an electronic comment by Internet e-mail.
To obtain filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message: ``get form.'' A sample form and directions
will be sent in reply. Parties who choose to file by paper must file an
original and four copies of each filing.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002.
The filing hours at this location are 8 a.m. to 7 p.m.
All hand deliveries must be held together with rubber bands or
fasteners.
Any envelopes must be disposed of before entering the
building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street, SW., Washington,
DC 20554.
All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
Comments in this proceeding will be available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554. They may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300 or 800-
378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcniweb.com. To
request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
For additional information on the requirements of the RFA, the
public may contact Eric Malinen, Attorney Advisor, Office of
Communications Business Opportunities, 202-418-0990 or visit https://www.fcc.gov/ocbo.
Federal Communications Commission.
Carolyn Fleming Williams, Esq.,
Director, Office of Communications Business Opportunities.
Appendix
List of rules for review pursuant to the Regulatory Flexibility Act
of 1980, 5 U.S.C. 610, for the ten-year period beginning in the year
1998 and ending in the year 2008. All listed rules are in Title 47 of
the Code of Federal Regulations.
Part 1--Practice and Procedure
Subpart F--Wireless Radio Services Applications and Proceedings
Brief Description: Part 1 contains rules pertaining to Commission
practices and procedures. Subpart F sets forth the rules governing the
authorization and licensing of Wireless Radio Services.
Need: These rules are needed to set forth the general application
process and licensing rules for the Wireless Radio Services, including
requirements concerning specific forms, electronic filing, application
content, ownership information, waivers, and public notice.
Legal Basis: 47 U.S.C. 154, 161, 303 and 332.
Section Number and Title:
1.901 Basis and purpose.
1.902 Scope.
1.903 Authorization required.
1.907 Definitions.
1.911 Station files.
1.913 Application and notification forms; electronic and manual
filing.
1.915 General application requirements.
1.917 Who may sign applications.
1.919 Ownership information.
1.923 Content of applications.
1.924 Quiet zones.
1.925 Waivers.
1.926 Application processing; initial procedures.
1.927 Amendment of applications.
1.929 Classification of filings as major or minor.
1.931 Application for special temporary authority.
1.933 Public notices.
1.934 Defective applications and dismissal.
1.935 Agreements to dismiss applications, amendments or pleadings.
1.937 Repetitious or conflicting applications.
1.939 Petitions to deny.
1.945 License grants.
1.946 Construction and coverage requirements.
1.947 Modification of licenses.
1.948 Assignment of authorization or transfer of control,
notification of consummation.
1.949 Application for renewal of license.
1.951 Duty to respond to official communications.
1.955 Termination of authorizations.
1.956 Settlement conferences.
1.957 Procedure with respect to amateur radio operator license.
1.981 Reports, annual and semiannual.
Subpart Q--Competitive Bidding Proceedings
Brief Description: The Part 1 rules state the general rules of
practice and procedure before the Federal Communications Commission.
Subpart Q sets forth the provisions implementing Section 309(j) of the
Communications Act of 1934, as amended, authorizing the Commission to
employ competitive bidding procedures to resolve mutually exclusive
applications for certain initial licenses.
Need: These rules are needed to implement the Commission's
competitive bidding authority under Section 309(j) of the
Communications Act of 1934, as amended.
Legal Basis: 47 U.S.C. 154, 303, and 309(j).
Section Number and Title:
1.2102 Eligibility of applications for competitive bidding.
1.2103 Competitive bidding design options.
1.2105 Bidding application and certification procedures; prohibition
of collusion.
1.2107 Submission of down payment and filing of long-form
applications.
1.2111 Assignment or transfer of control; unjust enrichment.
Part 2--Frequency Allocations and Radio Treaty Matters; General Rules
and Regulations
Subpart I--Marketing of Radiofrequency Devices
Brief Description: The rules in part 2, subpart I, define
radiofrequency devices and specify the requirements for marketing of
such devices.
Need: These rules provide exemption for certain transmitters and
amplifiers as required by the Act or are under close control of the
licensed user. The rules allow marketing and operation of Radio
frequency devices under specific conditions prior to approval of the
radio frequency device. The rules are needed to allow manufacturers to
evaluate, test
[[Page 32095]]
and demonstrate the device for product suitability.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.803 Marketing of radio frequency devices prior to equipment
authorization.
Subpart J--Equipment Authorization Procedures
Brief Description: These rules specify conditions associated with
grant of equipment authorization under the Commission's rules.
Need: The rules provide procedures and conditions under which
grants can be dismissed, limited and revoked. The rules also specify
measurement procedures to be applied generally for radio frequency
devices. The rules are needed to ensure devices are properly authorized
and are operating in accordance with FCC rules to prevent interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.901 Basis and purpose.
2.924 Marketing of electrically identical equipment having multiple
trade names and models or type numbers under the same FCC
identifier.
2.931 Responsibility of the grantee.
2.933 Change in identification of equipment.
2.938 Retention of records.
2.943 Submission of equipment for testing.
2.946 Penalty for failure to provide test samples and data.
2.1041 Measurement procedure.
2.1046 Measurements required: RF power output.
2.1407 Measurements required: Modulation characteristics.
2.1049 Measurements required: Occupied bandwidth.
2.1051 Measurements required: Spurious emissions at antenna
terminals.
2.1053 Measurements required: Field strength of spurious radiation.
2.1057 Frequency spectrum to be investigated.
Part 11--Emergency Alert System (EAS)
Subpart D--Emergency Operations
Subpart E--Tests
Brief Description: These rules state certain technical and
operational procedures for Emergency Alert System (EAS) Participants.
Need: The identified rules, which govern EAS tests as well as how
an EAS Participant should respond to the receipt of an Emergency Action
Notification, are necessary to ensure the proper functioning of the
Emergency Alert System. The EAS may be used to provide the heads of
state and local governments, or their designated representatives, with
a means to communicate emergency information with the public.
Legal Basis: Sections 1, 4(i) and (o), 303(r), 624(g) and 706 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and
(o), 303(r), 544(g) and 606.
Section Number and Title:
11.54(b) EAS operation during a National Level emergency.
[Subpart D]
11.61 Tests of EAS procedures. [Subpart E]
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 provide conditional temporary operating authority
during which a person who has passed the necessary examination(s) can
operate while an application is pending before the Commission.
Legal Basis: 47 U.S.C. 154 and 303, and applicable treaties and
agreements to which the United States is a party.
Section Number and Title:
13.9(e) Eligibility and application for new license or endorsement.
13.13(d) Application for a renewed or modified license.
Note: Currently effective 13.9(e) was adopted in 1998 as
13.9(d).
Part 15--Radio Frequency Devices
Subpart A--General
Brief Description: These rules specify the regulations under which
certain radio frequency equipment may be operated without an individual
license.
Need: These rules provide technical specifications, administrative
requirements and other conditions relating to the marketing and
operations of Part 15 devices.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
Section Number and Title:
15.17 Susceptibility to interference.
15.25 Kits.
15.33 Frequency range of radiated measurements.
Subpart C--Intentional Radiators
Brief Description: These rules specify the regulations under which
certain radio frequency equipment may be operated without an individual
license.
Need: These rules provide technical specifications, administrative
requirements and other conditions relating to the marketing and
operations of Part 15 devices.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
Section Number and Title:
15.253 Operation within the bands 46.7-46.9 GHz and 76.0-77.0 GHz.
Part 18--Industrial, Scientific, and Medical Equipment
Subpart B--Applications and Authorizations
Brief Description: These rules specify the technical standards and
other requirements for certain equipment or appliances that generate
and use local radiofrequency energy for industrial, scientific, medical
purposes, excluding telecommunications applications, to be marketed and
operated within the United States.
Need: These rules are needed to regulate industrial, scientific and
medical (ISM) equipment that emits electromagnetic energy on
frequencies within the radiofrequency spectrum in order to prevent
harmful interference to authorized radio communications services.
Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304, 307.
Section Number and Title:
18.203 Equipment authorization.
18.207 Technical report.
18.209 Identification of authorized equipment.
18.211 Multiple listing of equipment.
18.212 Compliance information.
Part 20--Commercial Mobile Radio Services
Brief Description: These rules set forth the requirements and
conditions applicable to commercial mobile radio service providers as
they pertain to the transmission of wireless 911 calls to Public Safety
Answering Points (PSAP).
Need: The identified rules require the provision of automatic
numbering information and automatic location information and are
intended to ensure that PSAPs receive adequate information in order to
respond to 911 emergencies.
Legal Basis: Sections 4, 251-2, 303, and 332, 48 Stat. 1066, 1062,
as amended; 47 U.S.C. 154, 251-4, 303, and 332.
Section Number and Title:
20.3 Definitions.
20.18 911 Service. [Excluding 47 CFR 20.18(h).]
Part 22--Public Mobile Services
Subpart H--Cellular Radiotelephone Service
Brief Description: The Part 22 rules state the conditions under
which radio stations may be licensed and used in the Paging and Rural,
Air-Ground, Cellular and Offshore Radiotelephone Services. Subpart H
sets forth rules governing the licensing and operation of cellular
radiotelephone systems.
[[Page 32096]]
Need: This rule informs the public about the notification and
filing requirements when a licensee makes minor modifications that
result in a change to the station's cellular geographical service area
(CGSA) or involve a contract service area boundary (SAB) extension.
Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
Section Number and Title:
22.953(c) Content and form of applications.
Part 24--Personal Communications Services
Subpart I--Interim Application, Licensing and Processing Rules for
Broadband PCS
Brief Description: The Part 24 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for personal communications services (PCS). Subpart I sets forth rules
governing the submission of applications for broadband PCS licenses.
Need: These rules establish restrictions on assignments and
transfers of control of licenses for frequency blocks C and F.
Legal Basis: 47 U.S.C. 154, 301, 303, 308, 309 and 332.
Section Number and Title:
24.839(a)(1) and (2) Transfer of control or assignment of license.
Part 52--Numbering
Subpart C--Number Portability
Brief Description: Section 52.33 permits incumbent local exchange
carriers to file tariffs with the Commission establishing a monthly
number-portability charge, a number-portability query-service charge,
and a number-portability query/administration charge, to recover
carrier-specific costs directly related to providing long-term number
portability. The rule also allows all interconnected VoIP providers and
telecommunications carriers that are not incumbent local exchange
carriers to recover such costs in any manner consistent with state and
federal law and regulation.
Need: In implementing the statutory requirements for number
portability and the promotion of local exchange competition, this rule
permits telecommunications carriers to recover costs of providing long-
term number portability in a competitively neutral manner, as required
by section 251(e).
Legal Basis: 47 U.S.C. 251(b)(2), 251(d)(1), and 251(e)(2).
Section Number and Title:
52.33(a)(1)-(2), (b) Recovery of carrier-specific costs directly
related to providing long-term number portability.
Subpart D--Toll Free Numbers
Brief Description: This rule provides that toll free numbers shall
be made available to subscribers on a first-come, first-served basis,
unless otherwise directed by the Commission.
Need: The toll free number rules enable the Commission to ensure
the efficient, fair, and orderly allocation of toll free numbers, as it
is required to do under section 251(e) of the Communications Act, as
amended. The Commission has determined that a first-come, first-served
reservation process ensures an orderly allocation of toll free numbers,
avoids the need to resolve competing claims among subscribers to
assignment of particular numbers, and avoids problems of accelerated
number depletion and subscriber disputes about reservation priority.
Legal Basis: 47 U.S.C. 154(i), 154(j), 251(e).
Section Number and Title:
52.111 Toll free number assignment.
Part 54--Universal Service
Subpart A--General Information
Brief Description: These rules provide general information
regarding the Universal Service Fund, including various terms and
definitions that are referenced throughout section 54 of the
Commission's rules.
Need: In implementing statutory requirements for the Universal
Service Fund, these rules provide necessary information regarding terms
that may have different definitions outside the universal service
context.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.5 Terms and definitions.
Subpart B--Services Designated for Support
Brief Description: These rules specify the supported services for
rural, insular and high-cost areas. These rules also specify the
requirement to offer all designated services, as well as provide
additional time for telecommunications carriers to complete network
upgrades.
Need: These rules ensure that rural, insular and high-cost areas
receive support for the specified designated telecommunications
services.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.101 Supported services for rural, insular and high-cost areas.
Subpart C--Carriers Eligible for Universal Service Support
Brief Description: These rules specify the requirements for the
designation of eligible telecommunications carriers. Congress has
established that only those entities designated as eligible
telecommunications carriers may receive support under the Universal
Service support mechanism. These rules include the requirements
regarding the relinquishment of designation as an eligible
telecommunications carrier.
Need: These rules ensure that the designation process for eligible
telecommunications carriers meets the statutory requirements for the
Universal Service support mechanism.
Legal Basis: 47 U.S.C. 214(e)(2), 214(e)(4), 214(e)(6), 254(e).
Section Number and Title:
54.201 Definition of eligible telecommunications carriers,
generally.
Subpart D--Universal Service Support for High-Cost Areas
Brief Description: These rules specify the requirements for the
high-cost support mechanism. These rules provide requirements for how
high-cost support will be calculated and distributed to eligible
telecommunications providers.
Need: In implementing statutory requirements for the high-cost
program of the universal service support mechanism, these rules ensure
that rates in rural, insular and high-cost areas, are ``reasonably
comparable'' to rates charged for similar services in urban areas.
Legal Basis: 47 U.S.C. 254(b).
Section Number and Title:
54.301 Local switching support.
54.303 Long term support.
54.307 Support to a competitive eligible telecommunications carrier.
Subpart E--Universal Service Support for Low-Income Consumers
Brief Description: These rules specify the requirements for the
Lifeline and Linkup Program of the universal service support mechanism.
The rules establish the requirements for eligible consumers and
eligible telecommunications carriers. The rules also establish
certification and verification requirements, as well as recordkeeping
and auditing requirements.
Need: In implementing statutory requirements for the Lifeline and
Linkup Program of the universal service support mechanism, these rules
ensure that quality telecommunications services are available to low-
income consumers at reasonable and affordable rates.
Legal Basis: 47 U.S.C. 254(b).
Section Number and Title:
54.400 Terms and definitions.
54.401 Lifeline defined.
54.403 Lifeline support amount.
[[Page 32097]]
Subpart F--Universal Service Support for Schools and Libraries
Brief Description: These rules specify the requirements for
participation in the Schools and Libraries Program of the universal
service support mechanism. The rules describe requirements regarding
eligible entities, and the services eligible for discounted support.
The rules also establish procedures for the application process,
competitive bidding process, and the distribution of support. Finally,
these rules establish recordkeeping and auditing requirements.
Need: In implementing statutory requirements for the Schools and
Libraries support mechanism, these rules ensure that eligible schools,
libraries, and consortia that include eligible schools and libraries
receive discounts for eligible telecommunications services, Internet
access, and internal connections.
Legal Basis: 47 U.S.C. 254(h)(1)(B).
Section Number and Title:
54.502 Supported telecommunications services.
54.503 Other supported special services.
54.504 Requests for services.
54.505 Discounts.
54.506 Internal connections.
54.507 Cap.
54.509 Adjustments to the discount matrix.
54.511 Ordering services.
54.515 Distributing support.
54.516 Auditing.
54.517 Services provided by non-telecommunications carriers.
54.518 Support for wide area networks.
54.519 State telecommunications networks.
Subpart G--Universal Service Support for Health Care Providers
Brief Description: These rules specify the requirements for
participation in the Rural Health Care Program of the universal service
support mechanism. The rules establish the requirements for eligible
health care providers, and the services eligible for discounted
support. The rules also establish procedures for the application
process, competitive bidding process, and the distribution of support.
Finally, these rules establish recordkeeping and auditing requirements.
Need: In implementing statutory requirements for the Rural Health
Care support mechanism, these rules ensure that discounts are available
to eligible rural health care providers for telecommunications services
and monthly Internet access service charges.
Legal Basis: 47 U.S.C. 254(h)(2)(A).
Section Number and Title:
54.603 Competitive bid requirements.
54.604 Existing contracts.
54.605 Determining the urban rate.
54.609 Calculating support.
54.619 Audits and recordkeeping.
54.623 Cap.
54.625 Support for services beyond the maximum supported distance
for rural health care providers.
Subpart H--Administration
Brief Description: These rules specify the requirements regarding
the Universal Service Administrative Company, as the permanent
Administrator for the universal service support mechanism. These rules
establish the Administrator's functions and responsibilities, as well
as the composition of the Administrator's Board of Directors and
Committees. These rules also establish requirements regarding
contributions and contributor reporting requirements.
Need: In implementing statutory requirements for the universal
service support mechanism, these rules provide the framework and
requirements for the administration of the program.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.701 Administrator of universal service support mechanisms.
54.702 Administrator's functions and responsibilities.
54.703 The Administrator's Board of Directors.
54.704 The Administrator's Chief Executive Officer.
54.705 Committees of the Administrator's Board of Directors.
54.706 Contributions.
54.708 De minimis exemption.
54.709 Computations of required contributions to universal service
support mechanisms.
54.711 Contributor reporting requirements.
54.715 Administrative expenses of the Administrator.
Subpart I--Review of Decisions Issued by the Administrator
Brief Description: These rules specify the requirements regarding
review of decisions issued by the Universal Service Administrative
Company. These rules establish the filing requirements, review process,
and the treatment of disbursements during the pending review process.
Need: In implementing statutory requirements for the universal
service support mechanism, these rules provide the framework and
requirements for the review of decisions issued by the Administrator.
Legal Basis: 47 U.S.C. 254.
Section Number and Title:
54.719 Parties permitted to seek review of Administrator decisions.
54.720 Filing deadlines.
54.721 General filing requirements.
54.722 Review by the Wireline Competition Bureau or the Commission.
54.723 Standard of review.
54.724 Time periods for Commission approval of Administrator
decisions.
54.725 Universal service disbursements during pendency of a request
for review and Administrator decision.
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 help ensure that rates are just, reasonable,
and not unjustly or unreasonably discriminatory. The rules govern the
filing, form, content, public notice periods, and accompanying support
materials for tariffs. Section 61.52(c) requires incumbent local
exchange carriers to file tariffs and associated documents
electronically.
Need: This rule makes the filing of tariffs and associated
documents easier and less expensive for carriers, and expedites the
availability of tariffs and associated documents for public inspection.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, and 403.
Section Number and Title:
61.52(c) Form, size, type, legibility, etc.
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 help ensure that rates are just, reasonable,
and not unjustly or unreasonably discriminatory. The rules govern the
filing, form, content, public notice periods, and accompanying support
materials for tariffs. Section 61.58 establishes notice requirements
for filed tariffs. Section 61.58(e) provides notice requirements for
tariffs filed by non-price cap carriers.
Need: Section 61.58(e) was adopted to provide adequate opportunity
for review of tariffs filed by non-price cap carriers. The periods were
shortened to reduce carriers' regulatory burden without restricting the
Commission's ability to perform its statutory duty.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, and 403.
Section Number and Title:
61.58(e) Notice requirements.
Part 64--Miscellaneous Rules Relating to Common Carriers
Subpart G--Furnishing of Enhanced Services and Customer-Premises
Equipment by Communications Common Carriers; Telephone Operator
Services
Brief Description: This rule specifies that providers of operator
services must
[[Page 32098]]
disclose to the consumer, at no charge and before connecting any
interstate non-access code operator service call, how to obtain the
total cost of the call before providing further oral advice to the
consumer on how to proceed to make the call.
Need: These provisions address the problem of widespread consumer
dissatisfaction with the high rates charged by many operator services
providers for calls from public phones and other aggregator locations
such as hotels, hospitals, and educational institutions. The rules were
designed to ensure that consumers receive sufficient information about
the rates they will pay for operator services at public phones and
other aggregator locations, thereby fostering a more competitive
operator service provider marketplace.
Legal Basis: 47 U.S.C. 151, 154, 160, 201-205, 215, 218, 226, 254.
Section Number and Title:
64.703(a)(4) Consumer information.
Brief Description: These rules exempt Commercial Mobile Radio
Service (CMRS) aggregators (entities that make telephones available to
the public or to transient users of the entity's premises for
interstate calls using a provider of CMRS operator services) and
providers of CMRS operator services from the general rules (a)
prohibiting aggregators from blocking consumers from calling 800 and
950 access code numbers to access the consumer's choice of operator
services providers; and (b) restricting charges related to the
provision of operator services (e.g., prohibiting operator service
providers from billing for unanswered telephone calls).
Need: The Commission has determined that the equal access and
unblocking regulations established in this section are generally
unnecessary to protect consumers of CMRS, and would increase the cost
of CMRS service without producing any identifiable benefits.
Legal Basis: 47 U.S.C. 154, 201, 218, 226(e).
Section Number and Title:
64.704(e) Call blocking prohibition/exemption for CMRS aggregators
and CMRS operator services providers.
64.705(c) Restrictions on charges related to the provision of
operator services/exemption for CMRS aggregators and CMRS operator
services providers.
Brief Description: These rules define a ``CMRS aggregator'' as ``an
aggregator that, in the ordinary course of its operations, makes
telephones available to the public or to transient users of its
premises for interstate telephone calls using a provider of CMRS
operator services;'' ``CMRS operator services'' as operator services
provided by means of a commercial mobile radio service; and ``Provider
of CMRS operator services'' as a provider of operator services that
provides CMRS operator services.
Need: These rules define and provide necessary information
regarding specific types of service providers that are exempt from
certain portions of the rules in this subpart and that may have
different definitions outside of this context.
Legal Basis: 47 U.S.C. 154, 201, 202, 218, 226, 332.
Section Number and Title:
64.708(d) Definitions: CMRS aggregator.
64.708(e) Definitions: CMRS operator services.
64.708(k) Definitions: Provider of CMRS operator services.
Brief Description: Section 64.709 provides for the filing of
operator service informational tariffs, and requires that such tariffs
must include specific rates expressed in dollars and cents, as well as
applicable per-call aggregator surcharges or other per-call fees, if
any, that are collected from consumers.
Need: This provision seeks to make operator service provider
informational tariffs more useful to consumers, allowing them to make
rational purchasing decisions, and impose market-based discipline on
operator service providers.
Legal Basis: 47 U.S.C. 226(h)(1)(A).
Section Number and Title:
64.709 Informational tariffs.
Brief Description: This rule establishes certain requirements for
operator services providers serving prison inmates, such as required
disclosures concerning call rates and total costs, and requiring
service providers to allow prisoners to terminate a call at no charge
before the call is connected.
Need: This provision furthers the Commission's statutory obligation
to ``ensur[e] that consumers have the opportunity to make informed
choices'' in using operator services to place interstate telephone
calls. The Commission adopted price disclosure rules for providers of
inmate operator services that are similar to those applicable to
operator service providers in order to ``eliminate some of the abusive
practices that have led to complaints'' and to protect recipients of
collect calls from inmates from being charged excessive rates by a
monopoly provider.
Legal Basis: 47 U.S.C. 47 U.S.C. 151, 154, 160, 201-205, 215, 218,
226, 254.
Section Number and Title:
64.710 Operator services for prison inmate phones.
Subpart U--Customer Proprietary Network Information
Brief Description: These rules provide general information,
including various terms and definitions referenced throughout subpart
U, regarding the proper use of customer proprietary network information
(CPNI), and the duty of telecommunications carriers to protect the
confidentiality of CPNI.
Need: Congress recognized that the new competitive market forces
and technology ushered in by the 1996 Act had the potential to threaten
consumer privacy interests, and therefore enacted section 222 to
prevent consumer privacy protections from being inadvertently swept
away along with the prior limits on competition. The CPNI regulations
in section 222 are largely consumer protection provisions that
establish restrictions on carrier use and disclosure of personal
customer information. The statutory design expressly recognizes the
duty of all carriers to protect customer information and embodies the
principle that customers must be able to control information they view
as sensitive and personal from use, disclosure, and access by carriers.
Legal Basis: 47 U.S.C. 154, 222, 254(k).
Section Number and Title:
64.2001 Basis and purpose.
64.2003 Definitions.
Brief Description: This rule describes the circumstances under
which telecommunications carriers may, and may not, use, disclose or
permit access to CPNI without prior customer approval.
Need: These rules further Congress' goals of fostering competition
in telecommunications markets and ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
Section Number and Title:
64.2005 Use of customer proprietary network information without
customer approval.
Brief Description: This rule establishes the methods
telecommunications carriers may use to obtain valid prior customer
approval for the use of CPNI; requires carriers to maintain the
customer's approval or disapproval in effect until the customer revokes
or limits it; and requires carriers to maintain records of customer
approval for at least one year.
Need: These rules further Congress' goals of fostering competition
in
[[Page 32099]]
telecommunications markets and ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
Section Number and Title:
64.2007 Approval required for use of customer proprietary network
information.
Brief Description: This rule requires carriers to provide notice to
customers of their right to restrict the use of, disclosure of, and
access to the customer's CPNI, establishes the methods for providing
and the required content of such notice, and requires carriers to
maintain records of this notification for at least one year.
Need: These rules further Congress' goals of fostering competition
in telecommunications markets and ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
Section Number and Title:
64.2008 Notice required for use of customer proprietary network
information.
Brief Description: This rule establishes safeguards that carriers
must implement to ensure compliance with the Commission's CPNI
regulations, including specific record keeping, personnel training, and
disciplinary, compliance and certification processes.
Need: These rules further Congress' goals of fostering competition
in telecommunications markets and ensuring the privacy of customer
information.
Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
Section Number and Title:
64.2009 Safeguards required for use of customer proprietary network
information.
Part 69--Access Charges
Subpart C--Computation of Charges for Price Cap Local Exchange Carriers
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 to protect consumers by helping to prevent the exercise
of market power by incumbent local exchange carriers. Section 69.153
allows price cap LECs to assess a per-line charge on multi-line
business subscribers' presubscribed interexchange carriers. This charge
is designed to reflect the non-traffic sensitive nature of local loop
costs. Section 69.153(e) establishes the maximum monthly presubscribed
interexchange carrier charge (PICC) price cap LECs may assess for
Centrex lines, adopting a ratio of up to nine Centrex lines for one
private branch exchange (PBX) trunk.
Need: Section 69.153(e) provides similar regulatory treatment with
regard to PICC between the functionally equivalent Centrex and PBX
trunk services.
Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.
Section Number and Title:
69.153 Presubscribed interexchange carrier charge (PICC).
Part 73--Broadcast Radio Services
Subpart E--Television Broadcast Stations
Brief Description: These rules specify showings that must be made
in applications filed by TV broadcast stations who wish to use
electrical beam tilt.
Need: In implementing statutory requirements for the transition to
digital broadcasting, these rules set forth technical showings that
applicants must provide when applying to use electrical beam tilt to
increase the power of an UHF DTV station. These showings are necessary
for Commission staff evaluation of competing applications for DTV
stations.
Legal Basis: 47 U.S.C. 154, 303, 334, 336.
Section Number and Title:
73.625(c)(5) DTV coverage of principal community and antenna system.
Subpart H--Rules Applicable to All Broadcast Stations
Brief Description: The Part 73 rules state the general rules
applicable to all broadcast services. Subpart H sets forth the rules
common to all AM, FM, TV and Class A TV broadcast services, commercial
and noncommercial. This rule applies the prohibition of collusion to
all broadcast services subject to competitive bidding.
Need: These rules are needed to implement the Commission's
competitive bidding authority for broadcast services under Section
309(j) of the Communications Act of 1934, as amended, and to confirm
that the Commission's rules prohibiting collusion applies to all
broadcast services subject to competitive bidding. This section
conforms the auction rules and procedures for broadcast construction
permits with the Commission's Part 1 auction rules.
Legal Basis: 47 U.S.C. 154, 303, 309(j), 334 and 336.
Section Number and Title:
73.3525(1) Agreements for removing application conflicts.
Brief Description: This rule applies subsections (c) and (d) of
Section 73.3597 to mutually exclusive noncommercial applications filed
after the release of 1998 Biennial Regulatory Review, Streamlining of
Mass Media Applications, Rules, and Processes, MM Docket 98-43, 13 FCC
Rcd 23056 (Nov. 25, 1998).
Need: This section clarifies which applications are subject to
subsections (c) and (d) of this rule.
Legal Basis: 47 U.S.C. 154, 301, 303, 307, 308, and 309.
Section Number and Title:
73.3597(c)(1)(iii) Procedures on transfer and assignment
applications.
Brief Description: This rule eliminates the requirement that sales
agreements and contracts be filed with the Commission within thirty
days of execution, where the reporting entity has already filed the
sales contract with an assignment or transfer application. Need: This
section reduces the filing burdens on licensees.
Legal Basis: 47 U.S.C. 154, 301, 303, 307, 308, and 309.
Section Number and Title:
73.3613(b)(7) Filing of contracts.
Subpart I--Procedures for Competitive Bidding and for Applications for
Noncommercial Educational Broadcast Stations on Non-Reserved Channels
Brief Description: The Part 73 rules state the general rules for
broadcast services. Subpart I sets forth the procedures for competitive
bidding and applications for non-commercial educational broadcast
stations on non-reserved channels. The rules below implement amended
Section 309(j) of the Communications Act, which requires the Commission
to use auctions to select from among all mutually exclusive
applications broadcast construction permits.
Need: These rules amend the disparate application procedures for
the various broadcast services to establish a uniform window filing
approach. These rules also conform the procedures for auctioning
mutually exclusive applications for broadcast construction permits to
the Commission's Part 1 auction rules.
Legal Basis: 47 U.S.C. 154, 301, 303, 309 (j), 334, and 336.
Section Number and Title:
73.5000 Services subject to competitive bidding.
73.5002 Application and certification procedures; return of mutually
exclusive applications not subject to competitive bidding
procedures; prohibition of collusion.
73.5003 Submission of full payments.
[[Page 32100]]
73.5005 Filing of long-form applications.
73.5006 Filing of petitions to deny against long-form applications.
73.5007 Designated entity provisions.
73.5008 Definitions applicable for designated entity provisions.
73.5009 Assignment of transfer of control.
Part 74--Experimental Radio, Auxiliary, Special Broadcast and Other
Program Distributional Services
Subpart L--FM Broadcast Translator Stations and FM Broadcast Booster
Stations
Brief Description: These rules set forth technical standards for FM
translator and booster stations along the United States borders.
Need: These rules are necessary to prevent interference with
Canadian and Mexican broadcast stations.
Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
Section Number and Title:
74.1235(d)(1), (2) and (3) Power limitations and antenna systems.
Part 79--Closed Captioning and Video Description of Video Programming
Brief Description: In 1996, Congress added section 713 to the
Communications Act of 1934, as amended (the Act), requiring the
Commission to adopt rules for the closed captioning of video
programming. Among other things, these rules establish implementation
schedules, provide for who is responsible for compliance and how
compliance is determined, and set forth categorical, self-implementing
exemptions from the rules. In 1998, the Commission added another self-
implementing exemption to those it adopted the previous year. This one,
found at 79.1(d)(13), covers instructional programming that is locally
produced by public television stations for use in grades K-12 and post
secondary schools. Regarding how compliance is determined, the
Commission also added a provision to the rules that recognizes that
there may be times when the captioning requirements can be problematic
due to a variety of factors. As such, 79.1(e)(10) states that the
Commission will consider showings that any lack of captioning was de
minimis and reasonable under the circumstances.
Need: Closed captioning is the visual display of the audio portion
of video programming. These rules implement section 713 of the Act,
through which Congress required that video programming be closed
captioned in order to ensure access by persons with hearing
disabilities to video programming. The 1998 rule changes allow for
certain educational programming to be exempt from the closed captioning
rules, because such programming is not intended for widespread
distribution, and it is subject anyway to other Federal requirements
that ensure that adequate efforts will be taken to make it accessible
on a case by case basis. The rule changes also provide guidance as to
how the Commission will address complaints regarding lack of closed
captioning where the lack of captioning arguably was de minimis and
reasonable under the circumstances.
Legal Basis: 47 U.S.C. 613
Section Number and Title:
79.1(d)(13), (e)(10) Closed captioning of video programming.
Part 80--Stations in the Maritime Services
Subpart B--Applications and Licenses
Brief Description: The Part 80 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for stations in the maritime services. Subpart B sets forth the
procedures and requirements for the filing of applications for license
to operate radio facilities in the maritime services.
Need: These rules establish an exemption for certain vessels from
annual inspection and requirements for partitioning licenses and
disaggregating spectrum.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
Section Number and Title:
80.59(d)(2) Compulsory ship inspections.
80.60 Partitioned licenses and disaggregated spectrum.
Subpart C--Operating Requirements and Procedures
Brief Description: The Part 80 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for stations in the maritime services. Subpart C sets forth the
technical, operational, and administrative requirements for use of the
spectrum and equipment for stations in the maritime services.
Need: This rule permits certain VHF public coast licensees and
certain automated maritime telecommunications system (AMTS) coast
licensees to transfer or assign their channel(s) or channel block(s) to
another entity.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
Section Number and Title:
80.70(c) Special conditions relative to coast station VHF
facilities.
Subpart H--Frequencies
Brief Description: The Part 80 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for stations in the maritime services. Subpart H describes the carrier
frequencies and general uses of radiotelegraphy for distress, urgency,
safety, call and reply; working; digital selective calling; narrow-band
direct-printing; and facsimile for stations within the maritime
services.
Need: These rules list and establish requirements for the
radiotelephony working frequencies assignable to Marine VHF 156-162 MHz
band public coast stations for public correspondence communications
with ship stations and units on land.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
Section Number and Title:
80.371(c)(1)(i), (ii), (iii), (2), (3), and (4) Public
correspondence frequencies.
Subpart Y--Competitive Bidding Procedures
Brief Description: The Part 80 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for stations in the maritime services. Subpart Y sets forth the rules
governing the use of competitive bidding to resolve mutually exclusive
VHF Public Coast Service Area (VPCSA) and automated maritime
telecommunications system (AMTS) applications for initial licenses.
Need: These rules are needed to implement the Commission's
competitive bidding authority under 47 U.S.C. 309(j). The provisions in
80.1252 are necessary to administer the Commission's designated entity
program under which small businesses meeting certain eligibility
criteria may receive bidding credits on their winning bids.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
Section Number and Title:
80.1251 Maritime communications [services] subject to competitive
bidding.
80.1252 Designated entities.
Part 90--Private Land Mobile Radio Services
Subpart J--Non-Voice and Other Specialized Operations
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 J sets forth requirements and standards for licensing
and operation of non-voice and other specialized radio uses,
[[Page 32101]]
including secondary signaling, telemetry, radioteleprinter,
radiofacsimile, automatic vehicle monitoring, radio call box, relay,
vehicular repeater, and control station operations.
Need: This rule permits the use of 40.66-40.70 MHz and 216-220 MHz
frequency bands for the tracking of, and the telemetry of scientific
data from ocean buoys and animal wildlife.
Legal Basis: 47 U.S.C. 154, 303, and 332.
Section Number and Title:
90.248 Wildlife and ocean buoy tracking.
Subpart M--Intelligent Transportation Systems Radio Service
Brief Description: The Part 90 rules state the conditions under
which radio communications systems may be licensed and used in the
Public Safety Pool, Industrial/Business Radio Pool, and Radiolocation
Radio Services. Subpart M governs Intelligent Transportation Systems
radio services, which include the Location and Monitoring Service (LMS)
and Dedicated Short Range Communications Service (DSRCS).
Need: The rule, permits LMS licensees to partition licenses and
disaggregate spectrum, and is intended to allow auction winners of LMS
spectrum to customize their LMS systems to suit their business plans
and helps remove entry barriers for small businesses. Legal Basis: 47
U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
Section Number and Title:
90.365 Partitioned licenses and disaggregated spectrum.
Subpart R--Regulations Governing the Licensing and Use of Frequencies
in the 764-776 and 794-806 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 Pool, Industrial/Business Radio Pool, and Radiolocation
Radio Services. Subpart R sets forth the regulations governing the
licensing and operations of all systems operating in the 763-775 MHz
and 793-805 MHz frequency bands.
Need: The identified rules govern eligibility as well as
operational, planning and licensing requirements and standards for
stations licensed in the 763-775 MHz and 793-805 MHz bands.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
Section Number and Title:
90.521 Scope.
90.523 Eligibility.
90.527 Regional plan requirements.
90.531 Band plan.
90.533 Transmitting sites near the U.S./Canada or U.S./Mexico
border.
90.535 Modulation and spectrum usage efficiency requirements.
90.537 Trunking requirement.
90.539 Frequency stability.
90.541 Transmitting power limits.
90.543 Emission limitations.
90.545 TV/DTV interference protection criteria.
90.549 Transmitter certification.
90.551 Construction requirements.
Subpart T--Regulations Governing Licensing and Use of Frequencies in
the 220-222 MHz Band
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 T sets forth the administrative, operational, and
technical rules governing licensing and use of frequencies in the 220-
222 MHz Band, including eligibility, frequency and channel
availability, permissible operations, frequency selection and
assignment, and construction requirements.
Need: These rules calculate Phase I licensee service areas based on
predicted service contours; inform Phase I licensees when they may add,
remove, or modify a transmitter site within their existing service area
without prior notification to the Commission; when they may exchange
multiple licenses for a single authorization and when adding, removing
or modifying a site requires coordination of those actions to avoid and
resolve issues of harmful interference.
Legal Basis: 47 U.S.C. 154, 303, and 332.
Section Number and Title:
90.723(g) and (h) Selection and assignment of frequencies.
90.745 Phase I licensee service areas.
Subpart X--Competitive Bidding Procedures for Location and Monitoring
Service
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 X sets forth the rules governing the use of
competitive bidding to resolve mutually exclusive multilateration
Location and Monitoring Service applications for initial licenses.
Need: These rules are needed to implement the Commission's
competitive bidding authority under 47 U.S.C. 309(j). The provisions in
90.1103 are necessary to administer the Commission's designated entity
program under which small businesses meeting certain eligibility
criteria may receive bidding credits on their winning bids.
Legal Basis: 47 U.S.C. 154, 161, 303, 309, and 332.
Section Number and Title:
90.1101 Location and monitoring service subject to competitive
bidding.
90.1103 Designated entities.
Part 95--Personal Radio Services
Subpart A--General Mobile Radio Service (GMRS)
Brief Description: The Part 95 rules govern the Personal Radio
Services, including the General Mobile Radio Service, Family Radio
Service, Radio Control Radio Service, Citizens Band Radio Service, 218-
219 MHz Service, Low Power Radio Service, Wireless Medical Telemetry
Service, Medical Implant Communications Service, and Multi-Use Radio
Service. Subpart A applies to the General Mobile Radio Service.
Need: The rule informs station operators which communications are
prohibited, including messages for hire, false or deceptive messages,
and messages in connection with any illegal activity.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.183 Prohibited communications.
Part 97--Amateur Radio Service
Subpart A--General Provisions
Brief Description: The Part 97 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for amateur radio service. Subpart A contains administrative,
technical, and operational requirements for use of the spectrum and
equipment in the amateur radio service.
Need: This rule provides guidance on the issuance of International
Amateur Radio Permits (IARP).
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.5(e) Station license required.
Subpart D--Technical Standards
Brief Description: The Part 97 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for amateur radio service. Subpart D outlines technical standards for
the frequency bands available to amateur stations.
Need: The rule suspends amateur station transmitting in the 76-77
GHz segment of the 4 mm band.
[[Page 32102]]
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.303(r) Frequency sharing requirements.
Part 101--Fixed Microwave Services
Subpart A--General
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, Local Television Transmission Service
(LTTS), 24 GHz Service, Local Multipoint Distribution Service (LMDS),
39 GHz, Multiple Address Service (MAS), Multichannel Video Distribution
and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave operations
that require transmitting facilities on land or in specified offshore
coastal areas within the continental shelf. Subpart A sets forth the
scope of and authority for the remaining rules in Part 101, as well as
setting forth definitions of certain terms used in the remaining rules.
Need: The identified rule is necessary to refer to the rules of
practice and procedure in Part 1 of the rules that are applicable to
services regulated under Part 101 of the rules.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.1(a) Scope and authority.
Subpart B--Applications and Licenses
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, Local Television Transmission Service
(LTTS), 24 GHz Service, Local Multipoint Distribution Service (LMDS),
39 GHz, Multiple Address Service (MAS), Multichannel Video Distribution
and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave operations
that require transmitting facilities on land or in specified offshore
coastal areas within the continental shelf. Subpart B sets forth the
rules governing applications and licenses in those fixed microwave
services subject to Part 101.
Need: The identified rules are necessary to establish service areas
and performance requirements for the 38.6-40.0 GHz band, allow
partitioning and disaggregation in that band, define the general filing
requirements for licensees in the private operational, common carrier,
LTTS, 24 GHz, LMDS, MAS, MVDDS and 70-80-90 GHz Services and to provide
specific procedures for the licensing, operation, and modification of
facilities in those services.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.17 Performance requirements for the 38.6-40.0 GHz frequency
band.
101.31(e)(1)(viii) Temporary and conditional authorizations.
101.56 Partitioned service areas (PSAs) and disaggregated spectrum.
101.64 Service areas.
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, Local Television Transmission Service
(LTTS), 24 GHz Service and Local Multipoint Distribution Service
(LMDS), 39 GHz, Multiple Address Service (MAS), Multichannel Video
Distribution and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave
operations that require transmitting facilities on land or in specified
offshore coastal areas within the continental shelf. Subpart C sets
forth the technical requirements for such services.
Need: The identified rules are necessary to assign frequencies for
systems in the 38.6-40 GHz band on an Economic Area service area basis
and to clarify that non-LMDS operations in the 31,000-31,300 MHz band
licensed after March 11, 1997 are secondary to Local Multipoint
Distribution Service operations and are unprotected with respect to
each other.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.103(b)(3) Frequency coordination procedures.
101.147(v)(2) Frequency assignments.
Subpart N--Competitive Bidding Procedures for the 38.6-40.0 GHz Band
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, Local Television Transmission Service
(LTTS), 24 GHz Service and Local Multipoint Distribution Service
(LMDS), 39 GHz, Multiple Address Service (MAS), Multichannel Video
Distribution and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave
operations that require transmitting facilities on land or in specified
offshore coastal areas within the continental shelf. Subpart N sets
forth the rules governing the use of competitive bidding to resolve
mutually exclusive applications for initial licenses in the 38.6-40.0
GHz Band.
Need: These rules are needed to implement the Commission's
competitive bidding authority under 47 U.S.C. 309(j). The provisions in
47 CFR 101.1208 and 101.1209 are necessary to administer the
Commission's designated entity program under which small businesses
meeting certain eligibility criteria may receive bidding credits on
their winning bids.
Legal Basis: 47 U.S.C. 154, 303, and 309.
Section Number and Title:
101.1201 38.6-40.0 GHz subject to competitive bidding.
101.1208 Bidding credits for small businesses.
101.1209 Definitions.
[FR Doc. E9-15928 Filed 7-6-09; 8:45 am]
BILLING CODE 6712-01-P