, 64521-64564 [E9-28607]

Download as PDF Monday, December 7, 2009 Part XVII Federal Communications Commission erowe on DSK5CLS3C1PROD with RULES Semiannual Regulatory Agenda VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07DER20.SGM 07DER20 64522 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FEDERAL COMMUNICATIONS COMMISSION (FCC) FEDERAL COMMUNICATIONS COMMISSION 47 CFR Ch. I Unified Agenda of Federal Regulatory and Deregulatory Actions—Fall 2009 AGENCY: Federal Communications Commission. ACTION: Semiannual regulatory agenda. SUMMARY: Twice a year, in spring and fall, the Commission publishes in the Federal Register a list in the Unified Agenda of those major items and other significant proceedings under development or review that pertain to the Regulatory Flexibility Act. See 5 U.S.C. 602. The Unified Agenda also provides the Code of Federal Regulations citations and legal authorities that govern these proceedings. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Maura McGowan, Telecommunications Specialist, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, (202) 418-0990. SUPPLEMENTARY INFORMATION: Unified Agenda of Major and Other Significant Proceedings The Commission encourages public participation in its rulemaking process. To help keep the public informed of significant rulemaking proceedings, the Commission has prepared a list of important proceedings now in progress. The General Services Administration publishes the Unified Agenda in the Federal Register in the spring and fall of each year. The following terms may be helpful in understanding the status of the proceedings included in this report: Docket Number — assigned to a proceeding if the Commission has issued either a Notice of Proposed Rulemaking or a Notice of Inquiry concerning the matter under consideration. The Commission has used docket numbers since January 1, 1978. Docket numbers consist of the last two digits of the calendar year in which the docket was established plus a sequential number that begins at 1 with the first docket initiated during a calendar year (e.g., Docket No. 96-1 or Docket No. 99-1). The abbreviation for the responsible bureau usually precedes the docket number, as in ‘‘MM Docket No. 96-222,’’ which indicates that the responsible bureau is the Mass Media Bureau (now the Media Bureau). A docket number consisting of only five digits (e.g., Docket No. 29622) indicates that the docket was established before January 1, 1978. Notice of Inquiry (NOI) — issued by the Commission when it is seeking information on a broad subject or trying to generate ideas on a given topic. A comment period is specified during which all interested parties may submit comments. Notice of Proposed Rulemaking (NPRM) — issued by the Commission when it is proposing a specific change to Commission rules and regulations. Before any changes are actually made, interested parties may submit written comments on the proposed revisions. Further Notice of Proposed Rulemaking (FNPRM) —issued by the Commission when additional comment in the proceeding is sought. Memorandum Opinion and Order (MO&O) — issued by the Commission to deny a petition for rulemaking, conclude an inquiry, modify a decision, or address a petition for reconsideration of a decision. Rulemaking (RM) Number — assigned to a proceeding after the appropriate bureau or office has reviewed a petition for rulemaking, but before the Commission has taken action on the petition. Report and Order (R&O) — issued by the Commission to state a new or amended rule or state that the Commission rules and regulations will not be revised. Marlene H. Dortch, Secretary, Federal Communications Commission. CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU—Long-Term Actions Regulation Identifier Number Sequence Number Title 465 Policies and Rules Governing Interstate Pay-Per-Call and Other Information Services Pursuant to the Telecommunications Act of 1996 (CC Docket Nos. 96-146, 93-22) .................................................................................. Implementation of the Subscriber Selection Changes Provision of the Telecommunications Act of 1996 (CC Docket No. 94-129) .............................................................................................................................................................. Implementation of the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommunications Equipment, and Customer Premises Equipment by Persons With Disabilities .............................................. Telecommunications Relay Services, the Americans With Disabilities Act of 1990, and the Telecommunications Act of 1996 (CC Docket No. 90-571) .......................................................................................................................... Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02-278) ......................................................................................................................................................................... Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay Service) (CG Docket No. 03-123) ....................................................................................................................................... Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CG Docket No. 04-53) .................................................................................................................................. Rules and Regulations Implementing Minimum Customer Account Record Exchange (CARE) Obligations on All Local and Interexchange Carriers (CG Docket No. 02-386) ....................................................................................... Truth in Billing and Billing Format ................................................................................................................................. Closed Captioning of Video Programming (Section 610 Review) .............................................................................. 466 467 468 469 erowe on DSK5CLS3C1PROD with RULES 470 471 472 473 474 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER20.SGM 07DER20 3060–AG42 3060–AG46 3060–AG58 3060–AG75 3060–AI14 3060–AI15 3060–AI20 3060–AI58 3060–AI61 3060–AI72 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda 64523 FCC OFFICE OF ENGINEERING AND TECHNOLOGY—Long-Term Actions Regulation Identifier Number Sequence Number Title 475 476 477 Revision of the Rules Regarding Ultra-Wideband Transmission .................................................................................. New Advanced Wireless Services (ET Docket No. 00-258) ......................................................................................... Transfer of the 3650 Through 3700 MHz Band From Federal Government Use (WT Docket No. 05-96; ET Docket No. 02-380) .................................................................................................................................................................. Exposure to Radiofrequency Electromagnetic Fields ................................................................................................... Unlicensed Operation of the 3650-3700 Band (ET Docket No. 04-151) ...................................................................... Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186) ............................................................... Unlicensed Devices and Equipment Approval (ET Docket No. 03-201) ...................................................................... 478 479 480 481 3060–AH47 3060–AH65 3060–AH75 3060–AI17 3060–AI50 3060–AI52 3060–AI54 INTERNATIONAL BUREAU—Long-Term Actions Regulation Identifier Number Sequence Number Title 482 Streamlining the Commission’s Rules and Regulations for Satellite Application and Licensing Procedures (IB Docket No. 95-117) ..................................................................................................................................................... Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band (IB Docket No. 95-91; GEN Docket No. 90-357) ............................................................................................... Allocate & Designate: Spec for Fixed-Sat Srv (37.5-38.5, 40.5-41.5 & 48.2-50.2 GHz Bands); Allocate: Fixed & Mobile 40.5-42.5 GHz; Wireless 46.9-47 GHz; Gov Oper 37-38 & 40-40.5 GHz (IB Docket No. 97) ....................... Space Station Licensing Reform (IB Docket No. 02-34) .............................................................................................. Mitigation of Orbital Debris (IB Docket No. 02-54) ....................................................................................................... Amendment of the Commission’s Rules (IB Docket No. 04-47) .................................................................................. Reporting Requirements for U.S. Providers of International Telecommunications Services (IB Docket No. 04-112) Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands (IB Docket No. 02-364) ...................................................................................................... Amendment of the Commission’s Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations (IB Docket No. 07-101) ................................................................... 483 484 485 486 487 488 489 490 3060–AD70 3060–AF93 3060–AH23 3060–AH98 3060–AI06 3060–AI41 3060–AI42 3060–AI44 3060–AI90 INTERNATIONAL BUREAU—Completed Actions Regulation Identifier Number Sequence Number Title 491 Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Service in the L-Band (IB Docket No. 96-132) ......................................................................................................................................................................... 3060–AF89 MEDIA BUREAU—Long-Term Actions Regulation Identifier Number erowe on DSK5CLS3C1PROD with RULES Sequence Number Title 492 493 494 495 496 497 498 499 500 501 502 Cable Television Rate Regulation ................................................................................................................................. Cable Television Rate Regulation: Cost of Service ...................................................................................................... Cable Home Wiring ....................................................................................................................................................... Competitive Availability of Navigation Devices (CS Docket No. 97-80) ....................................................................... Cable Horizontal and Vertical Ownership Limits (MM Docket No. 92-264) ................................................................. Digital Audio Broadcasting Systems (MM Docket No. 99-325) .................................................................................... Second Periodic Review of Rules and Policies Affecting the Conversion to DTV ....................................................... Direct Broadcast Public Interest Obligations (MM Docket No. 93-25) ......................................................................... Revision of EEO Rules and Policies (MM Docket No. 98-204) .................................................................................... Broadcast Multiple and Cross-Ownership Limits .......................................................................................................... Establishment of Rules for Digital Low Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185) .............................................................................................................................................. Joint Sales Agreements in Local Television Markets (MB Docket No. 04-256) ........................................................... Significantly Viewed Out-of-Market Broadcast Stations (MB Docket No. 05-49) ......................................................... 503 504 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER20.SGM 07DER20 3060–AF41 3060–AF48 3060–AG02 3060–AG28 3060–AH09 3060–AH40 3060–AH54 3060–AH59 3060–AH95 3060–AH97 3060–AI38 3060–AI55 3060–AI56 64524 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC MEDIA BUREAU—Long-Term Actions (Continued) Regulation Identifier Number Sequence Number Title 505 Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services (MB Docket No. 05-210) .............................................................................. Digital Television Distributed Transmission System Technologies (MB Docket No. 05-312) ...................................... Implementation of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05-311) ............................................................................. Program Access Rules—Sunset of Exclusive Contracts Prohibition and Examination of Programming Tying Arrangements; (MB Docket Nos. 07-29, 07-198) ........................................................................................................... Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (MB Docket No. 07-91) ....................................................................................................................................................... DTV Consumer Education Initiative (MB Docket No. 07-148) ...................................................................................... Broadcast Localism (MB Docket No. 04-233) ............................................................................................................... Creating a Low Power Radio Service (MM Docket NO. 99-25) ................................................................................... Sponsorship Identification Rules and Embedded Advertising (MB Docket No. 08-90) ................................................ An Inquiry Into the Commission’s Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification (MM Docket No. 93-177) ................................................................................................................. Amendment of Parts 73 and 74 of the Commission’s Rules To Establish Rules for Replacement Digital Low Power Television Translator Stations; MB Docket No. 08-253 ................................................................................... Policies To Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures; MB Docket No. 09-52 ..................................................................................................................................................................... Promoting Diversification of Ownership in the Broadcast Services (MB Docket No. 07-294) ..................................... 506 507 508 509 510 511 512 513 514 515 516 517 3060–AI63 3060–AI68 3060–AI69 3060–AI87 3060–AI89 3060–AI96 3060–AJ04 3060–AJ07 3060–AJ10 3060–AJ17 3060–AJ18 3060–AJ23 3060–AJ27 OFFICE OF MANAGING DIRECTOR—Long-Term Actions Sequence Number Title Regulation Identifier Number 518 Assessment and Collection of Regulatory Fees ........................................................................................................... 3060–AI79 PUBLIC SAFETY AND HOMELAND SECURITY BUREAU—Long-Term Actions Regulation Identifier Number Sequence Number Title 519 520 521 522 Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems ............................. Enhanced 911 Services for Wireline ............................................................................................................................. In the Matter of the Communications Assistance for Law Enforcement Act ................................................................ Development of Operational, Technical, and Spectrum Requirements for Public Safety Communications Requirements ........................................................................................................................................................................... 1998 Biennial Regulatory Review—Review of Accounts Settlement in Maritime Mobile and Maritime Mobile-Satellite Radio Services; (IB Docket No. 98-96) ............................................................................................................... Implementation of 911 Act ............................................................................................................................................ Commission Rules Concerning Disruptions to Communications .................................................................................. E911 Requirements for IP-Enabled Service Providers ................................................................................................. Recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks ............................................................................................................................................................................ Stolen Vehicle Recovery System (SVRS) ..................................................................................................................... The Commercial Mobile Alert System ........................................................................................................................... 523 524 525 526 527 528 529 3060–AG34 3060–AG60 3060–AG74 3060–AG85 3060–AH30 3060–AH90 3060–AI22 3060–AI62 3060–AI78 3060–AJ01 3060–AJ03 erowe on DSK5CLS3C1PROD with RULES WIRELESS TELECOMMUNICATIONS BUREAU—Long-Term Actions Regulation Identifier Number Sequence Number Title 530 Implementation of the Communications Act, Amendment of the Commission’s Rules—Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap ..................................................................... Amendment of Part 90 of the Rules To Adopt Regulations for Automatic Vehicle Monitoring Systems ..................... 531 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER20.SGM 07DER20 3060–AG21 3060–AH12 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda 64525 FCC WIRELESS TELECOMMUNICATIONS BUREAU—Long-Term Actions (Continued) Regulation Identifier Number Sequence Number Title 532 533 534 535 536 537 538 Fixed Satellite Service and Terrestrial System in the Ku-Band .................................................................................... Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to the Commission’s Rules ....................... Implementation of the Communications Act of 1934 as Amended .............................................................................. Amendment of Parts 13 and 80 of the Commission’s Rules Governing Maritime Communications ........................... Competitive Bidding Procedures ................................................................................................................................... 2000 Biennial Regulatory Review Spectrum Aggregation Limits for Commercial Mobile Radio Services .................. In the Matter of Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets ............................................................................................................................................................ Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers ........................................... Year 2000 Biennial Review (WT Docket No. 01-108) .................................................................................................. Air-Ground Telecommunications Services .................................................................................................................... Amendments of Various Rules Affecting Wireless Radio Services (WT Docket No. 03-264) ..................................... Facilitating the Provision of Spectrum-Based Services to Rural Areas ........................................................................ Improving Public Safety Communications in the 800 MHz Band Industrial/Land Transportation and Business Channels ...................................................................................................................................................................... Review of Part 87 of the Commission’s Rules Concerning Aviation (WT Docket No. 01-289) ................................... Implementation of the Commercial Spectrum Enhancement Act (CSEA) and Modernization of the Commission’s Competitive Bidding Rules and Procedures (WT Docket No. 05-211) ....................................................................... Facilitating the Provision of Fixed and Mobile Broadband Access Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Reviewing of the Spectrum Sharing Plan Among Non-Geost ................... Amendment of the Rules Regarding Maritime Automatic Identification Systems; WT Docket No. 04-344 ................. Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band ............................................................. Service Rules for Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz Bands ................................................................................................................................................ Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08166; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary ........................... Amendment of the Commission’s Rules To Improve Public Safety Communications in the 800 MHz Band, and To Consolidate the 800 MHz and 900 MHz Business and Industrial/Land Transportation Pool Channels .................... Amendment of Part 101 to Accommodate 30 MHz Channels in the 6525-6875 MHz Band and Provide Conditional Authorization on Channels in the 21.8-22.0 and 23.0-23.2 GHz Band; WT Docket No. 04-114 ............................... 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 3060–AH17 3060–AH32 3060–AH33 3060–AH55 3060–AH57 3060–AH81 3060–AH82 3060–AH83 3060–AI26 3060–AI27 3060–AI30 3060–AI31 3060–AI34 3060–AI35 3060–AI88 3060–AJ12 3060–AJ16 3060–AJ19 3060–AJ20 3060–AJ21 3060–AJ22 3060–AJ28 WIRELESS TELECOMMUNICATIONS BUREAU—Completed Actions Sequence Number Title Regulation Identifier Number 554 555 556 Amendment of the Commission’s Rules Concerning Maritime Communications ........................................................ 39 GHz Channel Plan ................................................................................................................................................... Amendment of the Rules To License Fixed Services at 24 GHz ................................................................................. 3060–AF14 3060–AG16 3060–AH41 WIRELINE COMPETITION BUREAU—Long-Term Actions erowe on DSK5CLS3C1PROD with RULES Sequence Number Title Regulation Identifier Number 557 558 559 560 561 562 563 564 565 566 567 568 Implementation of the Universal Service Portions of the 1996 Telecommunications Act ............................................ Telecommunications Carriers’ Use of Customer Proprietary Network Information and Other Customer Information Implementation of the Local Competition Provisions of the Telecommunications Act of 1996 ................................... Local Telephone Networks That LECs Must Make Available to Competitors .............................................................. 2000 Biennial Regulatory Review—Telecommunications Service Quality Reporting Requirements ........................... Access Charge Reform and Universal Service Reform ................................................................................................ Numbering Resource Optimization ............................................................................................................................... National Exchange Carrier Association Petition ........................................................................................................... IP-Enabled Services ...................................................................................................................................................... Consumer Protection in the Broadband Era ................................................................................................................. Establishing Just and Reasonable Rates for Local Exchange Carriers (WC Docket No. 07-135) .............................. Jurisdictional Separations ............................................................................................................................................. 3060–AF85 3060–AG43 3060–AG50 3060–AH44 3060–AH72 3060–AH74 3060–AH80 3060–AI47 3060–AI48 3060–AI73 3060–AJ02 3060–AJ06 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER20.SGM 07DER20 64526 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC WIRELINE COMPETITION BUREAU—Long-Term Actions (Continued) Sequence Number Title Regulation Identifier Number 569 Implementation of NET 911 Improvement Act .............................................................................................................. 3060–AJ09 Federal Communications Commission (FCC) Consumer and Governmental Affairs Bureau Long-Term Actions 465. POLICIES AND RULES GOVERNING INTERSTATE PAY–PER–CALL AND OTHER INFORMATION SERVICES PURSUANT TO THE TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NOS. 96–146, 93–22) 466. IMPLEMENTATION OF THE SUBSCRIBER SELECTION CHANGES PROVISION OF THE TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NO. 94–129) Legal Authority: 47 USC 228 Abstract: In December 1998, the Commission established new rules and policies implementing section 258 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, which makes it unlawful for any telecommunications carrier to ‘‘submit or execute a change in a subscriber’s selection of a provider of telecommunications exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe.’’ The rules provide, among other things, that any telecommunications carrier that violates such verification procedures and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to 150 percent of all charges paid by the subscriber after such violation. In April 2000, the Commission modified the slamming liability rules by giving victims of slamming adequate redress, ensuring that carriers that slam do not profit from their fraud, and allowing States to act as the primary administrator of slamming complaints. In May 2001, the Commission adopted streamlined procedures for the carrierto-carrier sale or transfer of customer bases. Abstract: The Commission received comments on proposed rules designed to implement the 1996 Telecommunications Act with respect to information services to prevent abusive and deceptive practices by entities that might try to circumvent the statutory requirements. The proposed rules address generally the use of dialing sequences other than the 900 service access code to provide information services. The Commission issued an NPRM on these issues July 16, 2004. Timetable: Action Date NPRM 07/26/96 Order 07/26/96 NPRM Comment 09/16/96 Period End Notice to Refresh 03/27/03 Record Comment Period End 05/27/03 NPRM 10/15/04 Next Action Undetermined FR Cite 61 FR 39107 61 FR 39084 68 FR 14939 69 FR 61184 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Erica H. McMahon, Chief, Consumer Policy Division, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2512 Email: erica.mcmahon@fcc.gov RIN: 3060–AG42 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Legal Authority: 47 USC 154; 47 USC 201; 47 USC 258 In February 2003, the Commission adopted a Reconsideration Order and Second FNPRM. The Reconsideration Order addresses, amongst other things, the requirement that a carrier’s sales agent drop-off a carrier change request phone call once the customer has been connected to an independent third PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 party verifier, and the applicability of our slamming rules to local exchange carriers. In the Second FNPRM, the Commission sought comment on rule modifications with respect to third party verifications. On January 4, 2008, the Commission released an Order that confirmed that a LEC that is executing a carrier change on behalf of another carrier may not re-verify whether the person listed on the change order is actually authorized to do so. On January 9, 2008, the Commission released a Fourth Report and Order that modified the slamming rules regarding the content of independent third party verifications of a consumer’s intent to switch carriers. Timetable: Action Date MO&O on Recon and 08/14/97 FNPRM FNPRM Comment 09/30/97 Period End Second R&O and 02/16/99 Second FNPRM First Order on Recon 04/13/00 Third R&O and 11/08/00 Second Order on Recon Third FNPRM 01/29/01 Order 03/01/01 First R&O and Fourth 06/06/01 R&O Second FNPRM 03/17/03 Third Order on Recon 03/17/03 Second FNPRM 06/17/03 Comment Period End First Order on Recon 03/15/05 & Fourth Order on Recon Fifth Order on Recon 03/23/05 Order 02/04/08 Fourth R&O 03/12/08 Next Action Undetermined FR Cite 62 FR 43493 64 FR 7745 65 FR 47678 65 FR 66934 66 FR 8093 66 FR 12877 66 FR 30334 68 FR 19176 68 FR 19152 70 FR 12605 70 FR 14567 73 FR 6444 73 FR 13144 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Consumer and Governmental Affairs Bureau Long-Term Actions Agency Contact: Nancy Stevenson, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2512 Fax: 202 418–1196 Email: nancy.stevenson@fcc.gov RIN: 3060–AG46 Action 467. IMPLEMENTATION OF THE TELECOMMUNICATIONS ACT OF 1996; ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT, AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES Legal Authority: 47 USC 255; 47 USC 251(a)(2) Abstract: This proceeding is initiated to implement the provisions of sections 255 and 251(a)(2) of the Communications Act and related sections of the Telecommunications Act of 1996 regarding the accessibility of telecommunications equipment and services to persons with disabilities. Timetable: Agency Contact: Cheryl J. King, Deputy Chief, Disability Rights Office, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2284 TDD Phone: 202 418–0416 Fax: 202 418–0037 Email: cheryl.king@fcc.gov erowe on DSK5CLS3C1PROD with RULES Action Notice Notice R&O NOI Notice NPRM Notice Notice Notice Notice R&O Further NOI Public Notice Public Notice Notice Notice Notice Public Notice Notice Notice Notice Public Notice Notice Notice Public Notice R&O NPRM Notice Notice Notice VerDate Nov<24>2008 Date FR Cite 03/07/96 07/30/96 08/14/96 09/26/96 10/23/96 05/22/98 10/28/98 04/13/99 04/19/99 06/02/99 11/19/99 11/19/99 07/13/00 01/07/02 04/23/02 09/06/02 10/30/02 07/21/04 07/29/04 02/14/05 04/06/05 07/20/05 03/29/06 07/26/06 08/02/06 08/06/07 11/21/07 61 FR 9164 61 FR 39657 61 FR 42181 61 FR 50465 61 FR 54999 63 FR 28456 63 FR 57686 64 FR 18021 64 FR 19178 64 FR 29644 64 FR 63235 64 FR 63277 65 FR 43372 67 FR 678 67 FR 19753 67 FR 57009 67 FR 66154 69 FR 43586 69 FR 45318 70 FR 7503 70 FR 17456 70 FR 41754 71 FR 15738 71 FR 42396 71 FR 43768 72 FR 43546 72 FR 465494 12/10/07 72 FR 69686 12/11/07 72 FR 70324 03/06/08 73 FR 12174 15:17 Dec 04, 2009 Jkt 220001 Date Notice/Announcement 03/20/08 of Effective Date Final Rule: Notice 04/21/08 Removal R&O 05/07/08 R&O 06/12/08 Public Notice 08/01/08 Next Action Undetermined FR Cite 73 FR 14941 73 FR 21251 73 FR 25566 73 FR 33324 73 FR 45008 Regulatory Flexibility Analysis Required: Yes RIN: 3060–AG58 468. TELECOMMUNICATIONS RELAY SERVICES, THE AMERICANS WITH DISABILITIES ACT OF 1990, AND THE TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NO. 90–571) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225 Abstract: This item addresses the requirement that telecommunications relay services be capable of handling any type of call normally provided by common carriers. Timetable: Action Date NPRM 12/04/90 R&O and Request for 08/01/91 Comments Order on Recon & 03/03/93 Second R&O FNPRM 03/30/93 MO&O 11/28/95 Order 09/08/97 Second NPRM 04/05/01 Fifth R&O 02/07/03 Fifth R&O (Correction) 02/24/03 Public Notice 04/15/03 Public Notice 08/27/04 Petitions for Recon of 09/01/04 Fifth R&O Denied Notice 09/01/04 Public Notice 11/12/04 Notice 12/27/04 Notice 04/06/05 Notice 04/19/06 Next Action Undetermined FR Cite 55 FR 50037 56 FR 36729 58 FR 12175 58 FR 12204 60 FR 58626 62 FR 47152 66 FR 18059 68 FR 6352 68 FR 8553 68 FR 18205 69 FR 52694 69 FR 53346 69 FR 53442 69 FR 65401 69 FR 77246 70 FR 17456 71 FR 20101 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00007 Fmt 1254 64527 Sfmt 1254 Agency Contact: Thomas Chandler, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1475 Email: thomas.chandler@fcc.gov RIN: 3060–AG75 469. RULES AND REGULATIONS IMPLEMENTING THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) OF 1991 (CG DOCKET NO. 02–278) Legal Authority: 47 USC 227 Abstract: The Commission released a Notice of Proposed Rulemaking (NPRM) on September 18, 2002, seeking comment on the rules implementing the Telephone Consumer Protection Act of 1991 (TCPA). The NPRM sought comment on the effectiveness of the company-specific do-not-call lists and whether to revisit the option of establishing a national do-not-call list. On July 3, 2003, the Commission released a Report and Order establishing, along with the FTC, a national do-not-call registry. The Commission’s Report and Order also adopted rules on the use of predictive dialers, the transmission of caller ID information by telemarketers, and the sending of unsolicited fax advertisements. On September 21, 2004, the Commission released an Order adopting a limited safe harbor period from the prohibition on placing automatic telephone dialing systems or prerecorded message calls to wireless numbers when such calls are made to numbers that have been recently ported from wireline to wireless service. In addition, the Commission amended its existing safe harbor rules for telemarketers subject to the do-not-call registry to require such telemarketers to access the do-not-call list every 31 days, rather than every three months. On December 9, 2005, the Commission released an NPRM proposing to amend the fax advertising rules to implement the Junk Fax Protection Act of 2005. On April 5, 2006, the Commission adopted a Report and Order and Third Order on Reconsideration amending its facsimile advertising rules. On October 14, 2008, the Commission released an Order on Reconsideration addressing certain issues raised in petitions for reconsideration and/or clarification of E:\FR\FM\07DER20.SGM 07DER20 64528 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Consumer and Governmental Affairs Bureau the Report and Order and Third Order on Reconsideration. On January 4, 2008, the Commission released a Declaratory Ruling, clarifying that autodialed and prerecorded message calls to wireless numbers that are provided by the called party to a creditor in connection with an existing debt are permissible as calls made with the ‘‘prior express consent’’ of the called party. Following a December 4, 2007 NPRM, on June 17, 2008, the Commission released a Report and Order amending its rules to require sellers and/or telemarketers to honor registrations with the National Do-Not-Call Registry indefinitely, unless the registration is cancelled by the consumer or the number is removed by the database administrator. Timetable: Action Date NPRM 10/08/02 NPRM Comment 11/29/02 Period Extended Reply Comment 12/26/02 Period Extended Comment Period End 01/31/03 FNPRM 04/03/03 Order 07/25/03 Order Effective 08/25/03 Order on Recon 08/25/03 Order 10/14/03 FNPRM 03/31/04 Order 10/08/04 Order 10/28/04 Order on Recon 04/13/05 Order 06/30/05 NPRM 12/19/05 Public Notice 04/26/06 Order 05/03/06 NPRM 12/14/07 Declaratory Ruling 02/01/08 R&O 07/14/08 Order on Recon 10/30/08 Next Action Undetermined FR Cite 67 FR 62667 67 FR 71126 67 FR 78763 68 FR 16250 68 FR 44144 68 FR 50978 68 FR 59130 69 FR 16873 69 FR 60311 69 FR 62816 70 FR 19330 70 FR 37705 70 FR 75102 71 FR 24634 71 FR 25967 72 FR 71099 73 FR 6041 73 FR 40183 73 FR 64556 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Erica H. McMahon, Chief, Consumer Policy Division, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2512 Email: erica.mcmahon@fcc.gov RIN: 3060–AI14 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions 470. RULES AND REGULATIONS IMPLEMENTING SECTION 225 OF THE COMMUNICATIONS ACT (TELECOMMUNICATIONS RELAY SERVICE) (CG DOCKET NO. 03–123) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225 Abstract: This proceeding established a new docket flowing from the previous telecommunications relay service (TRS) history, CC Docket No. 98-67. This proceeding continues the Commission’s inquiry into improving the quality of TRS and furthering the goal of functional equivalency, consistent with Congress’ mandate that TRS regulations encourage the use of existing technology and not discourage or impair the development of new technology. In this docket, the Commission explores ways to improve emergency preparedness for TRS facilities and services, new TRS technologies, public access to information and outreach, and issues related to payments from the Interstate TRS Fund. Timetable: Action Date NPRM Public Notice R&O, Order on Recon FNPRM Public Notice Public Notice Public Notice Declaratory Ruling /Interpretation Public Notice Public Notice Order Public Notice /Announcement of Date Public Notice Order Public Notice Order on Recon R&O Public Notice Order on Clarification Notice Order on Clarification Public Notice Public Notice R&O/Order on Recon Order Order Notice Notice Public Notice/Petition for Rulemaking Withdrawn PO 00000 Frm 00008 FR Cite 08/25/03 07/26/04 09/01/04 09/01/04 11/12/04 01/11/05 02/17/05 02/25/05 68 FR 50993 69 FR 44534 69 FR 53346 69 FR 53382 69 FR 65401 70 FR 2360 70 FR 8034 70 FR 9239 03/07/05 03/16/05 03/23/05 04/06/05 70 FR 10930 70 FR 12884 70 FR 14568 70 FR 17334 05/11/05 07/01/05 07/13/05 08/31/05 08/31/05 09/07/05 09/14/05 09/14/05 09/14/05 10/12/05 11/30/05 12/23/05 12/28/05 12/29/05 01/11/06 01/11/06 01/18/06 70 FR 24790 70 FR 38134 70 FR 38134 70 FR 51643 70 FR 51649 70 FR 53191 70 FR 54294 70 FR 54381 70 FR 54298 70 FR 59346 70 FR 71849 70 FR 76208 70 FR 76712 70 FR 77052 71 FR 1753 71 FR 1755 71 FR 2942 Fmt 1254 Sfmt 1254 Action Date NPRM Notice Notice/Announcement of Effective Date Notice Public Notice Notice Declaratory Ruling/Clarification FNPRM FNPRM Declaratory Ruling/Dismissal of Petition Clarification Public Notice Public Notice Declaratory Ruling on Recon Public Notice Order on Recon MO&O Clarification FNPRM Correction Final Rule; Clarification Notice Public Notice Notice Public Notice Order Public Notice Notice Notice Public Notice Public Notice Notice Notice Public Notice R&O Notice Public Notice Order Public Notice Notice Public Notice R&O/Declaratory Ruling Notice Order Public Notice Public Notice Public Notice Order R&O Order Public Notice Order Public Notice Notice Declaratory Ruling Notice FNPRM E:\FR\FM\07DER20.SGM 07DER20 FR Cite 02/01/06 71 FR 5221 02/01/06 71 FR 5221 03/15/06 71 FR 13281 03/24/06 05/10/06 05/24/06 05/31/06 71 FR 14893 71 FR 27252 71 FR 29961 71 FR 30818 05/31/06 71 FR 30848 06/01/06 71 FR 31131 06/21/06 71 FR 35553 06/28/06 06/28/06 06/28/06 07/06/06 71 FR 36690 71 FR 36794 71 FR 36796 71 FR 38268 08/02/06 08/16/06 08/16/06 08/23/06 09/13/06 09/27/06 02/14/07 71 FR 43768 71 FR 47141 71 FR 47145 71 FR 49380 71 FR 54009 71 FR 56442 72 FR 6960 02/14/07 03/01/07 03/01/07 03/07/07 03/14/07 04/12/07 04/18/07 05/02/07 05/16/07 05/16/07 06/06/07 06/13/07 07/18/07 08/06/07 08/06/07 08/16/07 11/01/07 11/01/07 12/11/07 01/04/08 01/17/08 72 FR 7031 72 FR 9333 72 FR 9332 72 FR 10214 72 FR 11789 72 FR 18478 72 FR 19501 72 FR 24305 72 FR 27570 72 FR 27569 72 FR 31327 72 FR 32661 72 FR 39423 72 FR 43546 72 FR 43638 72 FR 46060 72 FR 61813 72 FR 61882 72 FR 70324 73 FR 863 73 FR 3197 01/17/08 02/19/08 02/19/08 03/27/08 04/07/08 04/21/08 04/21/08 04/23/08 04/30/08 05/15/08 05/23/08 06/16/08 07/08/08 07/18/08 07/18/08 73 FR 3253 73 FR 9031 73 FR 9118 73 FR 16304 73 FR 18796 73 FR 21347 73 FR 21252 73 FR 21843 73 FR 23361 73 FR 28057 73 FR 26992 73 FR 34015 73 FR 38928 73 FR 41351 73 FR 41307 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Consumer and Governmental Affairs Bureau Action Date R&O 07/18/08 Notice/Announcement 07/30/08 of Effective Date Public Notice 08/01/08 Public Notice 08/05/08 Public Notice 08/22/08 Comment Period End 09/29/08 Public Notice 10/10/08 Order 10/23/08 2nd R&O and Order 12/30/08 on Recon Order 05/06/09 Public Notice 05/07/09 NPRM 05/21/09 Public Notice 05/21/09 Public Notice 06/08/09 Comment Period End Public Notice 06/11/09 Comment Period End Public Notice 06/12/09 NPRM Comment 07/20/09 Period End Order 07/29/09 Public Notice 08/07/09 Comment Period End 08/10/09 Next Action Undetermined FR Cite 73 FR 41286 73 FR 4417 73 FR 45006 73 FR 45354 73 FR 49670 73 FR 60172 73 FR 63078 73 FR 79683 74 FR 20892 74 FR 21364 74 FR 23815 74 FR 23859 74 FR 28046 74 FR 37624 74 FR 39669 Regulatory Flexibility Analysis Required: Yes Agency Contact: Thomas Chandler, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1475 Email: thomas.chandler@fcc.gov RIN: 3060–AI15 471. RULES AND REGULATIONS IMPLEMENTING THE CONTROLLING THE ASSAULT OF NON–SOLICITED PORNOGRAPHY AND MARKETING ACT OF 2003 (CG DOCKET NO. 04–53) Legal Authority: 15 USC 7706; 15 USC 7712; PL 108–187 Abstract: The Commission has adopted rules to protect consumers from unwanted electronic mobile service messages to implement the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date FR Cite NPRM 03/31/04 69 FR 16873 NPRM Comment 05/17/04 Period End Order 09/16/04 69 FR 55765 Order 03/25/05 70 FR 34665 Next Action Undetermined VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions Regulatory Flexibility Analysis Required: Yes Agency Contact: Julie Saulnier, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Government Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1598 Email: julie.saulnier@fcc.gov RIN: 3060–AI20 472. RULES AND REGULATIONS IMPLEMENTING MINIMUM CUSTOMER ACCOUNT RECORD EXCHANGE (CARE) OBLIGATIONS ON ALL LOCAL AND INTEREXCHANGE CARRIERS (CG DOCKET NO. 02–386) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 201 and 202; 47 USC 303(r) Abstract: On December 20, 2002, the Commission issued a Public Notice directing interested parties to file comments on issues raised in a petition filed with the Commission by Americatel Corporation and on a separate petition filed by AT&T, Sprint, and MCI. The petitions asked the Commission to address problems relating to the exchange of customer account records between local and long distance telephone service providers. On March 25, 2004, the Commission released a Notice of Proposed Rulemaking (NPRM) in CG Docket No. 02-386 seeking further comment on the two petitions and seeking comment as to whether to replace the current voluntary industry process for the exchange of customer account information between local and long distance service providers with mandatory, minimum standards applicable to all such providers. On February 25, 2005, the Commission released a Report and Order and Further Notice of Proposed Rulemaking in CG Docket No. 02-386. The Report and Order adopted final rules governing the exchange of customer account information between local and long distance telephone service providers. The Commission adopted these rules to help to ensure that consumers’ phone service bills are accurate and that their carrier selection requests are honored and executed without undue delay. In the Further Notice of Proposed Rulemaking (FNPRM), the Commission sought comment on the need for rules PO 00000 Frm 00009 Fmt 1254 64529 Sfmt 1254 governing the exchange of customer account information between local telephone service providers. On April 15, 2005, and June 15, 2005, a coalition of local and long distance carriers proposed minor modifications and clarifications to section 64.4002 of the Commission’s CARE rules. On August 29, 2005, the Commission released a public notice requesting comment on the coalition’s proposed clarifications and modifications. Notice of the proposed changes was published in the Federal Register on September 7, 2005 (70 FR 53137). The comment cycle established by the August 29 public notice closed October 3, 2005. On September 13, 2006, the Commission released an Order on Reconsideration adopting the clarifications and technical corrections to the Report and Order, as proposed by the coalition of carriers. On December 21, 2007, the Commission released a Report and Order declining to adopt mandatory data exchange requirements between local exchange carriers. Timetable: Action Date NPRM NPRM Comment Period End R&O and FNPRM FNPRM Comment Period End Public Notice FR Cite 04/19/04 69 FR 20845 06/18/04 06/02/05 70 FR 32258 08/01/05 08/29/05 70 FR 53137—01 10/03/05 Public Notice Comment Period End Order on Recon 12/13/06 71 FR 74819 R&O 01/08/08 73 FR 1297 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Lisa Boehley, Attorney Advisor, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7395 Fax: 202 418–0236 Email: lisa.boehley@fcc.gov RIN: 3060–AI58 473. TRUTH IN BILLING AND BILLING FORMAT Legal Authority: 47 USC 201; 47 USC 258 Abstract: In 1999, the Commission adopted truth-in-billing rules to address E:\FR\FM\07DER20.SGM 07DER20 64530 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Consumer and Governmental Affairs Bureau concerns that there is consumer confusion relating to billing for telecommunications services. On March 18, 2005, the Commission released an Order and FNPRM to further facilitate the ability of telephone consumers to make informed choices among competitive service offerings. Timetable: Action Date FR Cite FNPRM 05/25/05 70 FR 30044 R&O 05/25/05 70 FR 29979 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard D. Smith, Special Counsel, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 717 338–2797 Fax: 717 338–2574 Email: richard.smith@fcc.gov RIN: 3060–AI61 Long-Term Actions 474. CLOSED CAPTIONING OF VIDEO PROGRAMMING (SECTION 610 REVIEW) Legal Authority: 47 USC 613 Abstract: The Commission’s closed captioning rules are designed to make video programming more accessible to deaf and hard of hearing Americans. This proceeding resolves some issues regarding the Commission’s closed captioning rules that were raised for comment in 2005, and also seeks comment on how a certain exemption from the closed captioning rules should be applied to digital multicast broadcast channels. Timetable: Action Date NPRM R&O Notice Order on Recon Notice Notice Notice FR Cite 02/03/97 09/16/97 10/02/97 10/28/98 09/29/00 01/05/01 12/31/03 62 FR 4959 62 FR 48487 62 FR 54848 63 FR 55959 65 FR 58552 66 FR 1136 68 FR 75558 Action Date Notice 05/11/04 NPRM 09/26/05 Comment Period 11/25/05 Extended Comment Period End 12/16/05 Notice 09/27/07 Order and Declaratory 01/13/09 Ruling NPRM 01/13/09 Comment Period End 02/27/09 Next Action Undetermined erowe on DSK5CLS3C1PROD with RULES Legal Authority: 47 USC 154; 47 USC 302 to 304; 47 USC 307; 47 USC 544A Abstract: The First Report and Order amends the Commission’s rules to permit the marketing and operation of certain types of new products incorporating Ultra-Wideband (UWB) technology. UWB devices operate by employing very narrow or short duration pulses that result in very large or wideband transmission bandwidths. UWB technology holds great promise for a vast array of new applications that we believe will provide significant benefits for public safety, businesses and consumers. With appropriate technical standards, UWB devices can operate using spectrum occupied by existing radio services without causing interference, thereby permitting scarce spectrum resources to be used more efficiently. The Memorandum Opinion and Order responded to fourteen petitions for reconsideration that were filed in response to the regulations for unlicensed ultra-wideband (UWB) VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Frm 00010 72 FR 70324 74 FR 1594 74 FR 1654 Agency Contact: Amelia L. Brown, Attorney Advisor, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2799 TDD Phone: 202 418–7804 Fax: 202 418–0037 Email: amelia.brown@fcc.gov RIN: 3060–AI72 Long-Term Actions operations. In general, this document does not make any significant changes to the existing UWB parameters as the Commission is reluctant to do so until it has more experience with UWB devices. The Commission believes that any major changes to the rules for existing UWB product categories at this early stage would be disruptive to current industry product development efforts. The Further Notice of Proposed Rulemaking proposed new rules to address issues raised by some of the petitions for reconsideration that were outside the scope of the proceeding. New rules were proposed to address issues regarding the operation of low pulse repetition frequency UWB systems, including vehicular radars, in the 3.1-10.6 GHz band; and the operation frequency hopping vehicular radars in the 22-29 GHz band as UWB devices. The Commission also proposed new rules that would establish new peak power limits for wideband part 15 devices that do no operate as UWB devices and proposed to eliminate the definition of a UWB device. The Second Report and Order and Second Memorandum Opinion and PO 00000 69 FR 26095 70 FR 56150 70 FR 71077 Regulatory Flexibility Analysis Required: Yes Federal Communications Commission (FCC) Office of Engineering and Technology 475. REVISION OF THE RULES REGARDING ULTRA–WIDEBAND TRANSMISSION FR Cite Fmt 1254 Sfmt 1254 Order responds to two petitions for reconsideration that were filed in response to the Commission’s decision to establish regulations for unlicensed UWB operation. It also responds to the rulemaking proposals contained in the Memorandum Opinion and Order and Further Notice of Proposed Rulemaking in this docket. The order establishes new rules for wideband unlicensed devices operating in the 5925-7250 MHz, 16.2-17.7 GHz, and 22.12-29 GHz bands. Timetable: Action Date NPRM 06/14/00 NPRM Comment 10/12/00 Period End First R&O 05/16/02 MO&O 04/22/03 FNPRM 04/22/03 Second R&O and 02/09/05 Second MO&O Next Action Undetermined FR Cite 65 FR 37332 67 FR 34852 68 FR 19746 68 FR 19773 70 FR 6771 Regulatory Flexibility Analysis Required: Yes Agency Contact: John Reed, Electronics Engineer, Federal Communications Commission, Office of E:\FR\FM\07DER20.SGM 07DER20 64531 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Office of Engineering and Technology erowe on DSK5CLS3C1PROD with RULES Engineering and Technology, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2455 Fax: 202 418–1944 Email: jreed@fcc.gov RIN: 3060–AH47 476. NEW ADVANCED WIRELESS SERVICES (ET DOCKET NO. 00–258) Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r) Abstract: This proceeding explores the possible uses of frequency bands below 3 GHz to support the introduction of new advanced wireless services, including third generations as well as future generations of wireless systems. Advanced wireless systems could provide for a wide range of voice data and broadband services over a variety of mobile and fixed networks. The Third Notice of Proposed Rulemaking discusses the frequency bands that are still under consideration in this proceeding and invites additional comments on their disposition. Specifically, it addresses the Unlicensed Personal Communications Service (UPCS) band at 1910-1930 MHz, the Multipoint Distribution Service (MDS) spectrum at 2155-2160/62 MHz bands, the Emerging Technology spectrum, at 2160-2165 MHz, and the bands reallocated from MSS 91990-2000 MHz, 2020-2025 MHz, and 2165-2180 MHz. We seek comment on these bands with respect to using them for paired or unpaired Advance Wireless Service (AWS) operations or as relocation spectrum for existing services. The 7th Report and Order facilitates the introduction of Advanced Wireless Service (AWS) in the band 1710-1755 MHz—an integral part of a 90 MHz spectrum allocation recently reallocated to allow for such new and innovative wireless services. We largely adopt the proposals set forth in our recent AWS Fourth NPRM in this proceeding that are designed to clear the 1710-1755 MHz band of incumbent Federal Government operations that would otherwise impede the development of new nationwide AWS services. These actions are consistent with previous actions in this proceeding and with the United States Department of Commerce, National Telecommunications and Information Administration (NTIA) 2002 Viability Assessment, which VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions addressed relocation and reaccommodation options for Federal Government operations in the band. The 8th Report and Order reallocated the 2155-2160 MHz band for Fixed and Mobile services and designates the 2155-2175 MHz band for Advanced Wireless Service (AWS) use. This proceeding continues the Commission’s ongoing efforts to promote spectrum utilization and efficiency with regard to the provision of new services, including Advanced Wireless Services. The Order requires Broadband Radio Service (BRS) licensees in the 21502160/62 MHz band to provide information on the construction status and operational parameters of each incumbent BRS system that would be the subject of relocation. The Notice of Proposed Rule Making requested comments on the specific relocation procedures applicable to Broadband Radio Service (BRS) operations in the 2150-2160/62 MHz band, which the Commission recently decided will be relocated to the newly restructured 2495-2690 MHz band. The Commission also requested comments on the specific relocation procedures applicable to Fixed Microwave Service (FS) operations in the 2160-2175 MHz band. The Office of Engineering and Technology (OET) and the Wireless Telecommunications Bureau (WTB) set forth the specific data that Broadband Radio Service (BRS) licensees in the 2150-2160/62 MHz band must file along with the deadline date and procedures for filing this data on the Commission’s Universal Licensing System (ULS). The data will assist in determining future AWS licensee’s relocation obligations. The 9th Report and Order established procedures for the relocation of Broadband Radio Service (BRS) operations from the 2150-2160/62 MHz band, as well as for the relocation of Fixed Microwave Service (FS) operations from the 2160-2175 MHz band, and modified existing relocation procedures for the 2110-2150 MHz and 2175-2180 MHz bands. It also established cost-sharing rules to identify the reimbursement obligations for Advanced Wireless Service (AWS) and Mobile Satellite Service (MSS) entrants benefiting from the relocation of incumbent FS operations in the 2110-2150 MHz and 2160-2200 MHz bands and AWS entrants benefiting PO 00000 Frm 00011 Fmt 1254 Sfmt 1254 from the relocation of BRS incumbents in the 2150-2160/62 MHz band. The Commission continues its ongoing efforts to promote spectrum utilization and efficiency with regard to the provision of new services, including AWS. The Order dismisses a petition for reconsideration filed by the Wireless Communications Association International, Inc. (WCA) as moot. Two petitions for Reconsideration were filed in response to the 9th Report and Order. Timetable: Action Date NPRM 01/23/01 NPRM Comment 03/09/01 Period End Final Report 04/11/01 FNPRM 09/13/01 MO&O 09/13/01 First R&O 10/25/01 Petition for Recon 11/02/01 Second R&O 01/24/03 Third NPRM 03/13/03 Seventh R&O 12/29/04 Petition for Recon 04/13/05 Eighth R&O 10/26/05 Order 10/26/05 NPRM 10/26/05 Public Notice 12/14/05 Ninth R&O and Order 05/24/06 Petition for Recon 07/19/06 Next Action Undetermined FR Cite 66 FR 7438 66 FR 18740 66 FR 47618 66 FR 47591 66 FR 53973 66 FR 55666 68 FR 3455 68 FR 12015 69 FR 7793 70 FR 19469 70 FR 61742 70 FR 61742 70 FR 61752 70 FR 74011 71 FR 29818 71 FR 41022 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rodney Small, Economist, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2452 Fax: 202 418–1944 Email: rodney.small@fcc.gov RIN: 3060–AH65 477. TRANSFER OF THE 3650 THROUGH 3700 MHZ BAND FROM FEDERAL GOVERNMENT USE (WT DOCKET NO. 05–96; ET DOCKET NO. 02–380) Legal Authority: 47 USC 154; 47 USC 157; 47 USC 303; 47 USC 307; 47 USC 332 Abstract: This proceeding seeks to determine whether the 3650 to 3700 MHz band should be used for unlicensed devices or some or all of the band should be used for unlicensed options. E:\FR\FM\07DER20.SGM 07DER20 64532 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Office of Engineering and Technology erowe on DSK5CLS3C1PROD with RULES In January 1999, the 3650-3700 MHz band (3650 MHz band) was transferred from Government/non-Government shared use to a mixed-use band. In October 2000, in ET Docket No. 98-237, the FCC allocated the band to fixed and mobile terrestrial services on a coprimary basis, but in order to protect grandfathered Fixed Satellite Service (FSS) earth stations and Federal Government radiolocation operations, limited the mobile allocation to base stations use only. At this same time, the FCC proposed licensing and service rules for fixed and mobile operations in the band. Subsequently, in December 2002, in ET Docket No. 02-380, the FCC sought comment, in part, on the possibility of allowing unlicensed devices to operate in the 3650 MHz band. In April 2004, in ET Docket No. 04-151, the FCC followed-up on this inquiry by releasing a Notice of Proposed Rulemaking (NPRM) seeking comment on whether the 3650 MHz band should be used for unlicensed devices or part or all of the band should be used for licensed operations. The NPRM proposes to allow unlicensed devices to operate in all, or part, of the 3650 MHz band at higher power levels than usually permitted for unlicensed services. These devices would be subject to smart (or cognitive) requirements and other safeguards designed to prevent interference to the licensed FSS earth stations now resident in the band. As with other unlicensed devices, these devices would not be permitted to cause interference to licensed services, such as the FSS earth stations, and would have to accept interference. The NPRM also seeks comment on other options for the band, including licensed use of the band by fixed and mobile services, or segmenting the 3650 MHz band to provide for a combination of unlicensed and licensed terrestrial services. The Notice seeks comment on issues related both to allocation changes necessary to set the relative priority between terrestrial and FSS licensed operations, and to licensing rule changes necessary to implement licensed terrestrial service operations. Timetable: Action Date NPRM First R&O and Second NPRM Petition for Recon R&O VerDate Nov<24>2008 FR Cite 03/16/00 65 FR 14230 11/17/00 65 FR 69612 03/28/01 66 FR 16940 02/27/02 67 FR 17038 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions Action Date MO&O and Third R&O 05/02/03 Notice of Inquiry 01/21/03 NPRM 05/14/04 Final Rule 05/11/05 Final Rule 07/20/05 MO&O 07/25/07 Next Action Undetermined FR Cite 68 FR 38635 68 FR 2730 69 FR 26790 70 FR 24712 70 FR 41631 72 FR 40767 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeffrey Dygert, Electronics Engineer, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7300 Email: jeffrey.dygert@fcc.gov RIN: 3060–AH75 478. EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FIELDS Legal Authority: 47 USC 151; 47 USC 302 and 303; 47 USC 309(j); 47 USC 336 Abstract: The Notice of Proposed Rulemaking (NPRM) proposed amendments to the FCC rules relating to compliance of transmitters and facilities with guidelines for human exposure to radio frequency (RF) energy. Timetable: Action Date FR Cite NPRM 09/08/03 68 FR 52879 NPRM Comment 12/08/03 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Ira Keltz, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0616 Fax: 202 418–1944 Email: ikeltz@fcc.gov RIN: 3060–AI17 479. UNLICENSED OPERATION OF THE 3650–3700 BAND (ET DOCKET NO. 04–151) Legal Authority: 47 USC 154 Abstract: The notice of proposed rulemaking proposed to maximize the efficient use of the 3650-3700 MHz band. The proposal would allow unlicensed devices to operate in either PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 all, or portions of, this radiofrequency (RF) band under flexible technical limitations with smart/cognitive features that should prevent interference to licensed satellite services. The proposal fostered the introduction of new and advanced services to the American public, especially in rural areas. The Report and Order adopted rules that provide for nationwide, nonexclusive, licensing of terrestrial operations, utilizing technology with a contention-base protocol, in the 36503700 MHz band. The Commission also adopted a streamlined licensing mechanism with minimal regulatory entry requirements that will encourage multiple entrants and stimulate the rapid expansion of wireless broadband services—-especially in rural American and will also serve as a safeguard to protect incumbent satellite earth stations from harmful interference. In the Memorandum Opinion and Order, the Commission addressed several petitions for reconsideration and an emergency motion for stay that were filed in response 3650 MHz Allocation Order in ET Docket No. 98237. In light of its full review of the refreshed record in this proceeding, and in light of the decisions made in the companion Report and Order, the Commission denied the aspects of the petitions that challenge and seek to reverse the allocation decisions made in the 3650 MHz Allocation Order. The Commission denied the motion for stay. When the Commission established the November 30, 2000, filing deadline, it did so because it found that additional new FSS facilities permitted by the Freeze Memorandum Opinion and Order could affect the use of the 3650-3700 MHz band by the terrestrial services. By deciding in this Order to maintain the FSS allocation changes made in the 3650 MHz Allocation Order, the Commission, reaffirmed its conclusion that allowing additional primary FSS earth stations in the 3650 MHz band could negatively affect the prospects for viable FS/MS terrestrial operations. The Memorandum Opinion and Order addressed petitions for reconsideration filed in response to the Commission’s Report and Order relating to the 36503700 MHz band (3650 MHz band) proceeding. The Commission affirmed its previous decisions to create a E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Office of Engineering and Technology spectrum environment that will encourage multiple entrants and stimulate the expansion of broadband service to rural and under served areas. To facilitate rapid deployment in the band, the Commission maintains the previously adopted, non-exclusive licensing scheme. The clarification and modification will facilitate operation of the widest variety of broadband technologies with minimal risk of interference in both the near and long terms. They should further reduce the potential for co-channel interference, provide additional protections to the multiple users in the band under the current licensing regime, and create incentives for the rapid development of broadly compatible contention technologies. Timetable: Action Date FR Cite NPRM 05/14/04 69 FR 26790 R&O & MO&O 05/11/05 70 FR 24712 MO&O 07/25/07 72 FR 40767 Next Action Undetermined Long-Term Actions these devices to the market and will take whatever actions may be necessary to avoid, and if necessary correct, any interference that may occur. Timetable: Action Date NPRM 06/18/04 First R&O 11/17/06 FNPRM 11/17/06 R&O and MO&O 02/17/09 Petitions for 04/13/09 Reconsideration Next Action Undetermined FR Cite 69 FR 34103 71 FR 66876 71 FR 66897 74 FR 7314 74 FR 16870 Regulatory Flexibility Analysis Required: Yes Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7506 Fax: 202 418–1944 Email: hugh.vantuyl@fcc.gov RIN: 3060–AI52 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeffrey Dygert, Electronics Engineer, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7300 Email: jeffrey.dygert@fcc.gov RIN: 3060–AI50 481. UNLICENSED DEVICES AND EQUIPMENT APPROVAL (ET DOCKET NO. 03–201) 480. UNLICENSED OPERATION IN THE TV BROADCAST BANDS (ET DOCKET NO. 04–186) Legal Authority: 47 USC 154(i); 47 USC 302; 47 USC 303(e) and 303(f); 47 USC 303(r); 47 USC 307 Abstract: The Commission adopted rules to allow unlicensed radio transmitters to operate in the broadcast television spectrum at locations where that spectrum is not being used by licensed services (this unused TV spectrum is often termed ‘‘white spaces’’). This action will make a significant amount of spectrum available for new and innovative products and services, including broadband data and other services for businesses and consumers. The actions taken are a conservative first step that includes many safeguards to prevent harmful interference to incumbent communications services. Moreover, the Commission will closely oversee the development and introduction of The Report and Order updates several technical rules for unlicensed radiofrequency devices in part 15 of the Commission’s rules. The rule changes will allow device manufacturers to develop expanded applications for unlicensed devices and will allow unlicensed device operators, including Wireless Internet Service providers greater flexibility to modify or substitute parts as long as the overall system operation is unchanged. The changes are part of an ongoing process of updating our rules to promote more efficient sharing of spectrum used by unlicensed devices and remove unnecessary regulations that inhibit such sharing. The Commission received one petition for reconsideration in this proceeding. VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Legal Authority: 47 USC 154; 47 USC 302(a); 47 USC 303; 47 USC 306 Abstract: The Notice of Proposed Rulemaking (NPRM) proposed to update section 15.247 of the rules to allow the use of more efficient antenna technologies with unlicensed devices. The Second Report and Order amended the Commission’s rules to provide for more efficient equipment authorization of both existing modular transmitter devices and emerging partitioned (or PO 00000 Frm 00013 64533 Fmt 1254 Sfmt 1254 ‘‘split’’) modular transmitter devices. These rule changes will benefit manufacturers by allowing greater flexibility in certifying equipment and providing relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different final product. The rule changes will also enable manufacturers to develop more flexible and more advanced unlicensed transmitter technologies. The Commission further found that modular transmitter devices authorized in accordance with the revised equipment authorization procedures will not pose any increased risk of interference to other radio operations. The Further NPRM, seeks comment on whether there is a need to require unlicensed transmitters operating in the 915 MHz band under sections 15.247 and 15.249 of the rules to comply with a spectrum etiquette requirement, and the impact that requiring an etiquette would have on the development and operation of unlicensed 915 MHz devices operating under those rule sections. The Commission also seeks comment on the particular etiquette suggested by Cellnet that would require digitally modulated spread spectrum transmitters operating in the 915 MHz band under section 15.247 of the rules to operate at less than the 1-watt maximum power if they are continuously silent less than 90 percent of the time within a 0.4 second interval. This etiquette would require that the maximum permitted power level decrease in accordance with a specified formula as the silent interval between transmission decreases. The Commission further seeks comment on alternatives to the etiquette suggested by Cellnet. The Memorandum Opinion and Order dismissed two petitions for reconsideration of the rules adopted in the Report and Order, 69 FR 54027, September 7, 2004, in this proceeding. It dismissed a petition for reconsideration filed by Warren C. Havens and Telesaurus Holdings GB LLC (Havens) requesting that the Commission suspend the rule changes adopted for unlicensed devices in the 902-928 MHz (915 MHz) band until such time as it completes a formal inquiry with regard to the potential effect of such changes to Location and Monitoring Service (LMS) licensees in the band. The Commission also dismissed a petition for reconsideration E:\FR\FM\07DER20.SGM 07DER20 64534 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Office of Engineering and Technology filed by Cellnet Technology (Cellnet) requesting that the Commission adopt spectrum sharing requirements in the unlicensed bands, for example, a ‘‘spectrum etiquette,‘‘ particularly in the 915 MHz band. Timetable: Action NPRM Date FR Cite 09/17/03 68 FR 68823 Long-Term Actions Action Date R&O 09/07/04 Petition for Recon 11/19/04 Petition for Recon 02/15/05 Second R&O 05/23/07 FNPRM 08/01/07 MO&O 08/01/07 Next Action Undetermined FR Cite 69 FR 54027 69 FR 67736 70 FR 7737 72 FR 28889 72 FR 42011 72 FR 41937 Regulatory Flexibility Analysis Required: Yes Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7506 Fax: 202 418–1944 Email: hugh.vantuyl@fcc.gov RIN: 3060–AI54 Federal Communications Commission (FCC) International Bureau Long-Term Actions Regulatory Flexibility Analysis Required: Yes Agency Contact: Steven Spaeth, Assistant Division Chief, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1539 Fax: 202 418–0748 Email: steven.spaeth@fcc.gov RIN: 3060–AD70 Action erowe on DSK5CLS3C1PROD with RULES 482. STREAMLINING THE COMMISSION’S RULES AND REGULATIONS FOR SATELLITE APPLICATION AND LICENSING PROCEDURES (IB DOCKET NO. 95–117) Legal Authority: 47 USC 4; 47 USC 154; 47 USC 303; 47 USC 554; 47 USC 701 to 744 Abstract: On February 10, 1997, the FCC adopted rules and policies that streamlined the application and licensing requirements of part 25 of its rules, which deals with communication satellites and earth stations. The streamlined rules waived the construction permit requirement for satellite space stations, changed the license term for temporary fixed earth stations; and adjusted or changed the rules concerning minor modifications and basic requirements for satellite service applications. The streamlined rules also resulted in the creation of a new application form, FCC Form 312. Form 312 eliminated from the International Bureau’s use of the FCC Form 493, FCC Form 430, FCC Form 702, and FCC Form 704. Petitions for Reconsideration were filed in this matter. In March 1997, the Commission released a Public Notice concerning these petitions. The Commission addressed the issues in the Petitions for Reconsideration in an Order released on October 10, 2008. The docket in this proceeding is now closed. Timetable: Action Date NPRM 09/09/95 R&O, Recon Pending 02/10/97 Public Notice/Petitions 03/26/97 for Recon Order on 11/29/08 Reconsideration Next Action Undetermined VerDate Nov<24>2008 15:17 Dec 04, 2009 FR Cite 60 FR 46252 62 FR 5924 62 FR 14430 73 FR 70897 Jkt 220001 483. ESTABLISHMENT OF RULES AND POLICIES FOR THE DIGITAL AUDIO RADIO SATELLITE SERVICE IN THE 2310–2360 MHZ FREQUENCY BAND (IB DOCKET NO. 95–91; GEN DOCKET NO. 90–357) Legal Authority: 47 USC 151; 47 USC 151(i); 47 USC 154(j); 47 USC 157; 47 USC 309(j) Abstract: The Commission is proposing rules to govern satellite digital audio radio services (SDARS). The Commission adopted service rules for SDARS in 1997 and sought further comment on proposed rules governing the use of complementary terrestrial repeaters. The Commission released a second further notice of proposed rulemaking in January 2008 to consider new proposals for rules governing terrestrial repeaters and operations of Wireless Communications Service (WCS) devices in the 2305—2360 MHz band. Timetable: Date NPRM 06/15/95 R&O 03/11/97 FNPRM 04/18/97 Second FNPRM 01/15/08 FNPRM Comment 03/17/08 Period End Next Action Undetermined PO 00000 Frm 00014 Fmt 1254 FR Cite 60 FR 35166 62 FR 11083 62 FR 19095 73 FR 2437 Sfmt 1254 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jay Whaley, Attorney, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7184 Fax: 202 418–0748 Email: jwhaley@fcc.gov RIN: 3060–AF93 484. ALLOCATE & DESIGNATE: SPEC FOR FIXED–SAT SRV (37.5–38.5, 40.5–41.5 & 48.2–50.2 GHZ BANDS); ALLOCATE: FIXED & MOBILE 40.5–42.5 GHZ; WIRELESS 46.9–47 GHZ; GOV OPER 37–38 & 40–40.5 GHZ (IB DOCKET NO. 97) Legal Authority: 47 USC 154(i); 47 USC 301 and 302; 47 USC 303(e) to 303(g); 47 USC 303(r); 47 USC 304; 47 USC 307 Abstract: This item adopts a plan for nongovernment operations in the 36.051.4 GHz portion of the V-band, establishing priorities for different services in different parts of this band. Timetable: Action Date NPRM 04/04/97 R&O 01/15/99 Correction 02/08/99 Correction 02/10/99 Notice of Petition for 03/22/99 Recon Order on Recon 12/01/99 FNPRM 07/05/01 Second R&O 08/25/04 Next Action Undetermined FR Cite 62 FR 16129 64 FR 2585 64 FR 6138 64 FR 6565 64 FR 13796 66 FR 35399 69 FR 52198 Regulatory Flexibility Analysis Required: Yes Agency Contact: Sean O’More, Attorney Advisor, Federal Communications Commission, E:\FR\FM\07DER20.SGM 07DER20 64535 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—International Bureau Long-Term Actions erowe on DSK5CLS3C1PROD with RULES International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2453 Email: sean.omore@fcc.gov RIN: 3060–AH23 485. SPACE STATION LICENSING REFORM (IB DOCKET NO. 02–34) Legal Authority: 47 USC 154(i); 47 USC 157; 47 USC 303(c); 47 USC 303(g); . . . Abstract: The Commission has adopted a Notice of Proposed Rulemaking (NPRM) to streamline its procedures for reviewing satellite license applications. Currently, the Commission uses processing rounds to review those applications. In a processing round, when an application is filed, the International Bureau (Bureau) issues a public notice establishing a cut-off date for other mutually exclusive satellite applications, and then considers all those applications together. In cases where sufficient spectrum to accommodate all the applicants is not available, the Bureau directs the applicants to negotiate a mutually agreeable solution. Those negotiations usually take a long time, and delay provision of satellite services to the public. The NPRM invites comment on two alternatives for expediting the satellite application process. One alternative is to replace the processing round procedure with a ‘‘first-come, firstserved’’ procedure that would allow the Bureau to issue a satellite license to the first party filing a complete, acceptable application. The other alternative is to streamline the processing round procedure by adopting one or more of the following proposals: (1) Placing a time limit on negotiations; (2) establishing criteria to select among competing applicants; (3) dividing the available spectrum evenly among the applicants. In the First Report and Order in this proceeding, the Commission determined that different procedures were better-suited for different kinds of satellite applications. For most geostationary orbit (GSO) satellite applications, the Commission adopted a first-come, first-served approach. For most non-geostationary orbit (NGSO) satellite applications, the Commission adopted a procedure in which the available spectrum is divided evenly among the qualified applicants. The Commission also adopted measures to VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 discourage applicants from filing speculative applications, including a bond requirement, payable if a licensee misses a milestone. The bond amounts originally were $5 million for each GSO satellite, and $7.5 million for each NGSO satellite system. These were interim amounts. Concurrently with the First Report and Order, the Commission adopted an FNPRM to determine whether to revise the bond amounts on a long-term basis. In the Second Report and Order, the Commission adopted a streamlined procedure for certain kinds of satellite license modification requests. In the Third Report and Order in this proceeding, the Commission adopted a standardized application form for satellite licenses, and adopted a mandatory electronic filing requirement for certain satellite applications. In the Fourth Report and Order in this proceeding, the Commission extended the mandatory electronic filing requirement to all satellite applications. In the Fifth Report and Order in this proceeding, the Commission revised the bond amounts based on the record developed in response to FNPRM. The bond amounts are now $3 million for each GSO satellite, and $5 million for each NGSO satellite system. Timetable: Action Date NPRM 03/19/02 NPRM Comment 07/02/02 Period End Second R&O (Release 06/20/03 Date) Second FNPRM 07/08/03 (Release Date) Third R&O (Release 07/08/03 Date) FNPRM 08/27/03 First R&O 08/27/03 FNPRM Comment 10/27/03 Period End Fourth R&O (Release 04/16/04 Date) Fifth R&O, First Order 07/06/04 on Recon (Release Date) Next Action Undetermined FR Cite 67 FR 12498 68 FR 62247 68 FR 53702 68 FR 63994 68 FR 51546 68 FR 51499 69 FR 67790 69 FR 51586 Regulatory Flexibility Analysis Required: Yes Agency Contact: Steven Spaeth, Assistant Division Chief, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1539 PO 00000 Frm 00015 Fmt 1254 Sfmt 1254 Fax: 202 418–0748 Email: steven.spaeth@fcc.gov RIN: 3060–AH98 486. MITIGATION OF ORBITAL DEBRIS (IB DOCKET NO. 02–54) Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(c); 47 USC 303(f) and 303(g); 47 USC 303(r) Abstract: The Commission has adopted rules that require all entities seeking FCC authorization for satellite services to address orbital debris mitigation as part of their application for FCC authorization. Orbital debris consists of artificial objects orbiting the Earth that are not functional spacecraft. In addition, the Commission established requirements for the removal of geostationary spacecraft from operational orbits at the end of their useful lives and amended the Commission’s rules regarding orbitraising maneuvers, the use of inclined orbits, and orbital longitudinal tolerance station-keeping requirements. The Commission indicated that it will seek further comment on the application of the Commission’s longitudinal tolerance station-keeping requirements for Fixed-Satellite space stations to space stations in the MobileSatellite Service and remote sensing services. Timetable: Action Date FR Cite NPRM 05/03/02 67 FR 22376 NPRM Comment 08/16/02 Period End First R&O 08/27/03 68 FR 59127 Second R&O 09/09/04 69 FR 54581 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephen Duall, Attorney, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1103 Fax: 202 418–0748 Email: stephen.duall@fcc.gov RIN: 3060–AI06 487. AMENDMENT OF THE COMMISSION’S RULES (IB DOCKET NO. 04–47) Legal Authority: 47 USC 34 to 39; 47 USC 151; 47 USC 161; 47 USC 201 to 205; . . . E:\FR\FM\07DER20.SGM 07DER20 64536 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—International Bureau Long-Term Actions Abstract: FCC amended several rules. Specifically, FCC: (1) Amended the procedures for discontinuing an international service; (2) allowed U.S. carriers to resell the U.S.-inbound service of foreign carriers; and (3) amended the submarine cable landing licensing procedures compliance with the Coastal Zone Management Act of 1972. The North American Submarine Cable Association filed a petition for reconsideration regarding the amendment to the submarine cable licensing procedures. Timetable: Action Date FR Cite NPRM 03/22/04 69 FR 13276 NPRM Comment 06/07/04 Period End R&O 09/25/07 72 FR 54363 Petition for Recon 01/02/08 73 FR 187 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: David Krech, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1460 Fax: 202 418–2824 Email: david.krech@fcc.gov RIN: 3060–AI41 488. REPORTING REQUIREMENTS FOR U.S. PROVIDERS OF INTERNATIONAL TELECOMMUNICATIONS SERVICES (IB DOCKET NO. 04–112) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 161; 47 USC 201 to 205; ... Abstract: FCC is reviewing the reporting requirements to which carriers providing U.S. international services are subject under 47 CFR part 43. FCC proposes to amend 47 CFR 43.61 and 47 CFR 43.82 and to repeal 47 CFR 43.53. Timetable: RIN: 3060–AI42 489. REVIEW OF THE SPECTRUM SHARING PLAN AMONG NON–GEOSTATIONARY SATELLITE ORBIT MOBILE SATELLITE SERVICE SYSTEMS IN THE 1.6/2.4 GHZ BANDS (IB DOCKET NO. 02–364) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 302(a); 47 USC 303(e); . . . Abstract: This docket involves the spectrum sharing plan for the low earth orbit satellite systems in the 1.6 GHz and 2.4 GHz bands (Big LEOs). In November 2007, the Commission resolved the 1.6 GHz spectrum sharing plan between Globalstar Inc. and Iridium Satellite LLC, whereby Globalstar will have exclusive MSS use of 7.775 megahertz of spectrum at 16101617.775 MHz, Iridium will have exclusive MSS use of 7.775 megahertz of spectrum at 1618.725-1626.5 MHz, and the two Big LEO operators will share 0.95 megahertz of spectrum at 1617.775-1618.725 MHz. Separately, in April 2006, the Commission affirmed the spectrum sharing plan between Globalstar and the fixed and mobile (except aeronautical mobile) services in the 2495-2500 MHz band in order to accommodate the relocation of Broadband Radio Service Channel 1 to the 2496-2502 MHz band. (Iridium does not operate in the 2.4 GHz band.) Timetable: Action Date FR Cite NPRM 04/12/04 NPRM Comment 08/23/04 69 FR 29676 Period End Next Action Undetermined NPRM 01/29/03 R&O 08/09/04 FNPRM 08/09/04 Petitions for Recon 10/12/04 First Order on Recon 06/19/06 Petitions for Further 07/27/06 Recon Second Order on 12/13/07 Recon and Second R&O Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Regulatory Flexibility Analysis Required: Yes Action erowe on DSK5CLS3C1PROD with RULES Agency Contact: David Krech, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1460 Fax: 202 418–2824 Email: david.krech@fcc.gov VerDate Nov<24>2008 Date 15:17 Dec 04, 2009 FR Cite Jkt 220001 PO 00000 Frm 00016 Fmt 1254 68 FR 33666 69 FR 48157 69 FR 48192 69 FR 60626 71 FR 35178 71 FR 44029 72 FR 70807 Sfmt 1254 Agency Contact: Howard Griboff, Deputy Chief, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0657 Fax: 202 418–1414 Email: howard.griboff@fcc.gov RIN: 3060–AI44 490. AMENDMENT OF THE COMMISSION’S RULES TO ALLOCATE SPECTRUM AND ADOPT SERVICE RULES AND PROCEDURES TO GOVERN THE USE OF VEHICLE–MOUNTED EARTH STATIONS (IB DOCKET NO. 07–101) Legal Authority: 47 USC 151; 47 USC 154(i) and (j); 47 USC 157(a); 47 USC 301; 47 USC 303 (c); 47 USC 303 (f); 47 USC 303 (g); 47 USC 303 (r); 47 USC 303 (y); 47 USC 308 Abstract: The Commission seeks comment on the proposed amendment of parts 2 and 25 of the Commission’s rules to allocate spectrum for use with Vehicle-Mounted Earth Stations (VMES) in the Fixed-Satellite Service in the Ku-band uplink at 14.0-14.5 GHz and Ku-band downlink 11.72-12.2 GHz on a primary basis, and in the extended Ku-band downlink at 10.95-11.2 GHz and 11.45-11.7 GHz on a non-protected basis, and to adopt Ku-band VMES licensing and service rules modeled on the FCC’s rules for Ku-band Earth Stations on Vessels (ESVs). The record in this proceeding will provide a basis for Commission action to facilitate introduction of this proposed service. Timetable: Action Date FR Cite NPRM 07/08/07 72 FR 39357 NPRM Comment 09/04/07 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Howard Griboff, Deputy Chief, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0657 Fax: 202 418–1414 Email: howard.griboff@fcc.gov RIN: 3060–AI90 E:\FR\FM\07DER20.SGM 07DER20 64537 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Federal Communications Commission (FCC) International Bureau 491. ESTABLISHING RULES AND POLICIES FOR THE USE OF SPECTRUM FOR MOBILE SATELLITE SERVICE IN THE L–BAND (IB DOCKET NO. 96–132) Legal Authority: 47 USC 154; 47 USC 303; 47 USC 316; 47 USC 403 Abstract: The Commission has established licensing policies to govern mobile-satellite services (MSS) in the Lband. Specifically, the Commission has modified the license of Motient Services, Inc. (Motient), the only U.S. MSS system currently authorized to operate in the L-band, to use up to 20 megahertz of spectrum across the entire Completed Actions L-band. Previously, Motient was authorized only to operate in the upper portion of the L-band. In addition, the Commission has adopted and incorporated into part 25 of the rules specific operational parameters and technical requirements to ensure the integrity of maritime distress and safety communications service will not be compromised by MSS operation in the lower portion of the L-band. Petitions for reconsideration were filed. Timetable: Action Date NPRM FR Cite 06/18/96 61 FR 40772 Action Date NPRM Comment Period End R&O Action erowe on DSK5CLS3C1PROD with RULES Action Regulatory Flexibility Analysis Required: Yes Date VerDate Nov<24>2008 FR Cite 58 FR 48 58 FR 29736 58 FR 43816 58 FR 63087 59 FR 17943 04/15/94 59 FR 17961 10/13/94 59 FR 51869 10/21/94 59 FR 53113 12/06/94 59 FR 62614 15:17 Dec 04, 2009 Jkt 220001 Date Seventh Order on 01/25/95 Recon Ninth Order on Recon 02/27/95 03/17/95 Eighth Order on Recon Sixth R&O and 07/12/95 Eleventh Order on Recon Thirteenth Order on 10/05/95 Recon Twelfth Order on 10/26/95 Recon Tenth Order on Recon 04/08/96 Order on Recon of the 04/15/96 First R&O and FNPRM MO&O 02/12/97 Report on Cable 02/24/97 Industry Prices R&O 03/31/97 Fourteenth Order on 10/15/97 Recon NPRM and Order 09/05/02 Next Action Undetermined FR Cite 60 FR 4863 60 FR 10512 60 FR 14373 60 FR 35854 60 FR 52106 60 FR 54815 61 FR 15388 61 FR 16447 62 FR 6491 62 FR 8245 62 FR 15118 62 FR 53572 67 FR 56882 Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7037 TDD Phone: 202 418–7172 Fax: 202 418–1196 Email: john.norton@fcc.gov RIN: 3060–AF41 PO 00000 Frm 00017 08/07/02 67 FR 51105 Agency Contact: Andrea Kelly, Chief, Policy Branch, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7877 Fax: 202 418–0748 Email: andrea.kelly@fcc.gov RIN: 3060–AF89 Long-Term Actions 492. CABLE TELEVISION RATE REGULATION Legal Authority: 47 USC 154; 47 USC 543 Abstract: The Commission has adopted rate regulations to implement section 623 of the 1992 Cable Act to ensure that cable subscribers nationwide enjoy the rates that would be charged by cable systems operating in a competitive environment. Reconsideration was requested. The Fourteenth Order on Reconsideration addresses petitions on issues governing regulated services by cable systems. In a subsequent notice, comment was sought on recalibrating the competitive differential between rates of systems subject to effective competition and noncompetitive systems. In addition, comment was sought as to whether there may be a different approach to establish reasonable rates on the basic service tier. Timetable: 01/04/93 05/21/93 08/18/93 11/30/93 04/15/94 09/23/96 Regulatory Flexibility Analysis Required: Yes Federal Communications Commission (FCC) Media Bureau NPRM R&O and FNPRM MO&O and FNPRM Third R&O Order on Recon, Fourth R&O, and Fifth NPRM Third Order on Recon Fifth Order on Recon and FNPRM Fourth Order on Recon Sixth Order on Recon, Fifth R&O, and Seventh NPRM FR Cite Fmt 1254 Sfmt 1254 493. CABLE TELEVISION RATE REGULATION: COST OF SERVICE Legal Authority: 47 USC 154; 47 USC 543 Abstract: The Commission has established rules pursuant to which cable operators may set rates for regulated cable service in accordance with traditional cost-of-service principles, as modified to take account of unique characteristics of the cable industry. In the latest NPRM, comment was sought on rule changes that may be necessary or desirable in order to account for changes in the regulatory process resulting from the end of the Commission’s statutory authority to regulate certain tiers of cable programming service. Timetable: Action Date NPRM 07/30/93 R&O 04/15/94 Second NPRM 04/15/94 MO&O 10/14/94 Second R&O/First 03/08/96 Order on Recon/FNPRM Correction 03/22/96 NPRM and Order 09/05/02 Next Action Undetermined FR Cite 58 FR 40762 59 FR 17975 59 FR 18066 59 FR 52087 61 FR 9361 61 FR 11749 67 FR 56882 Regulatory Flexibility Analysis Required: Yes Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7037 TDD Phone: 202 418–7172 E:\FR\FM\07DER20.SGM 07DER20 64538 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions TDD Phone: 202 418–7172 Fax: 202 418–1196 Email: john.norton@fcc.gov Fax: 202 418–1196 Email: john.norton@fcc.gov RIN: 3060–AF48 Timetable: Action RIN: 3060–AG02 494. CABLE HOME WIRING Legal Authority: 47 USC 544(i) Abstract: On October 6, 1997, the FCC adopted a Report and Order and Second Notice of Proposed Rulemaking (FCC 97-376) that amends its cable inside wiring rules to enhance competition in the video distribution marketplace. The Second FNPRM seeks comment on, among other things, whether there are circumstances where the FCC should adopt restrictions on exclusive contracts in order to further promote competition in the multiple dwelling unit marketplace. The 2nd Report and Order addresses multiple dwelling units when the occupant charges video service providers. In the First Order on Reconsideration and the Second Report and Order, the Commission modified its rules in part. The United States Court of Appeals for the District of Columbia Circuit remanded a portion of the Commission decision back to the Commission for further consideration. In September 2004, the Commission issued an FNPRM in response to the courts decision. The subsequent Report and Order and Declaratory Ruling concluded that cable wiring behind sheet rock is physically inaccessible for determining the demarcation point. Timetable: Action Date erowe on DSK5CLS3C1PROD with RULES NPRM 11/17/92 R&O 03/02/93 NPRM 02/01/96 First Order on Recon 02/16/96 & FNPRM FNPRM 09/03/97 R&O and Second 11/14/97 FNPRM First Order on Recon 03/21/03 and Second R&O FNPRM 10/15/04 R&O and Declaratory 08/30/07 Ruling Next Action Undetermined FR Cite 57 FR 54209 58 FR 11970 61 FR 3657 61 FR 6210 62 FR 46453 62 FR 60165 68 FR 13850 69 FR 61193 72 FR 50074 Regulatory Flexibility Analysis Required: Yes Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7037 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 495. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES (CS DOCKET NO. 97–80) Legal Authority: 47 USC 549 Abstract: The Commission has adopted rules to address the mandate expressed in section 629 of the Communications Act to ensure the commercial availability of ‘‘navigation devices,’’ the equipment used to access video programming and other services from multichannel video programming systems. Specifically, in 1998, the Commission required MVPDs to make available by July 1, 2000, a security element separate from the basic navigation device (e.g., cable set-top boxes, digital video recorders, and television receivers with navigation capabilities). The separation of the security element from the host device required by this rule (referred to as the ‘‘integration ban’’) was designed to enable unaffiliated manufacturers, retailers, and other vendors to commercially market host devices while allowing MVPDs to retain control over their system security. MVPDs were permitted to continue providing equipment with integrated security until January 1, 2005, so long as modular security components, known as point-ofdeployment modules, were also made available for use with host devices obtained through retail outlets. In April 2003, in response to requests from cable operators, the Commission extended the effective date of the integration ban until July 1, 2006. Then, in 2005, again at the urging of cable operators, the Commission extended that date until July 1, 2007. Also, in this proceeding, in April 2003, the Commission adopted unidirectional ‘‘plug and play’’ rules, to govern compatibility between MVPDs and navigation devices manufactured by consumer electronics manufacturers not affiliated with cable operators. In June 2007, the Commission solicited comment on proposed standards to ensure bidirectional compatibility of cable television systems and consumer electronics equipment. PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 Date NPRM 03/05/97 R&O 07/15/98 Order on Recon 06/02/99 FNPRM & Declaratory 09/28/00 Ruling FNPRM 01/16/03 Order and FNPRM 06/17/03 Second R&O 11/28/03 FNPRM 11/28/03 Order on Recon 01/28/04 Second R&O 06/22/05 Third FNPRM 07/25/07 Next Action Undetermined FR Cite 62 FR 10011 63 FR 38089 64 FR 29599 65 FR 58255 68 FR 2278 68 FR 35818 68 FR 66728 68 FR 66776 69 FR 4081 70 FR 36040 72 FR 40818 Regulatory Flexibility Analysis Required: Yes Agency Contact: Brendan Murray, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1573 Email: brendan.murray@fcc.gov RIN: 3060–AG28 496. CABLE HORIZONTAL AND VERTICAL OWNERSHIP LIMITS (MM DOCKET NO. 92–264) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 533 Abstract: Section 613 of the Communications Act requires the Commission to ‘‘prescribe rules and regulations establishing reasonable limits on the number of cable subscribers a person is authorized to reach through cable systems owned by such person, or in which such person has an attributable interest.’’ On October 8, 1999, the Commission issued a Third Report and Order, FCC 99-289, in this matter. The Commission revised the horizontal ownership rules as follows: (1) All multichannel video subscribers will be counted when calculating the 30 percent ownership limit; (2) actual subscriber numbers, rather than potential subscriber numbers, will be used for calculating an owner’s share; and (3) the minority exception which allowed a 35 percent ownership limit for minority-owned entities under certain circumstances was eliminated. On March 2, 2001, the District of Columbia Circuit Court reversed and remanded the cable horizontal and vertical limits, as well as two aspects of the attribution rules used to determine compliance with these limits. (Time Warner E:\FR\FM\07DER20.SGM 07DER20 64539 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions Entertainment Co. v. FCC, 240 F.3d 1126 (DC cir. 2001)). Pursuant to the court’s remand, the Commission solicited comment in a Further Notice of Proposed Rulemaking (September 2001) and a Second Further Notice of Proposed Rulemaking. In the Fourth Report and Order, the Commission set the cable horizontal ownership limit at 30 percent. In the accompanying Further Notice of Proposed Rulemaking, comment was sought on issues regarding the cable attribution rules and appropriate channel occupancy limits. Timetable: Action Date Second MO&O on 07/14/98 Recon and FNPRM Third R&O 12/01/99 Order on Recon 03/08/00 MO&O 06/08/00 FNPRM 10/11/01 Second FNPRM 06/18/05 Fourth R&O and 02/29/08 FNPRM Next Action Undetermined FR Cite 63 FR 37790 64 FR 67198 65 FR 12135 65 FR 36382 66 FR 51905 70 FR 33680 73 FR 11048 erowe on DSK5CLS3C1PROD with RULES 497. DIGITAL AUDIO BROADCASTING SYSTEMS (MM DOCKET NO. 99–325) Legal Authority: 47 USC 154; 47 USC 303 Abstract: The rulemaking proceeding was initiated to foster the development and implementation of terrestrial digital audio broadcasting (DAB). The transition to DAB promises the benefits that have generally accompanied digitalization—better audio fidelity, more robust transmission systems, and the possibility of new auxiliary services. In the First Report and Order, the Commission selected in-band, onchannel as the technology that will permit AM and FM radio broadcasters to introduce digital operations. Consideration of formal standardsetting procedures and related broadcasting licensing and service rule changes are addressed in a Further 15:17 Dec 04, 2009 Jkt 220001 Timetable: Action Date NPRM 11/09/99 First R&O 12/23/02 FNPRM and NOI 05/14/04 Second R&O 08/15/07 Next Action Undetermined FR Cite 64 FR 61054 67 FR 78193 69 FR 27815 72 FR 45712 Regulatory Flexibility Analysis Required: Yes Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2700 Email: peter.doyle@fcc.gov RIN: 3060–AH40 498. SECOND PERIODIC REVIEW OF RULES AND POLICIES AFFECTING THE CONVERSION TO DTV Abstract: On January 18, 2001, the Commission adopted a Report and Order (R&O) and Further Notice of Proposed Rulemaking, addressing a number of issues related to the conversion of the nation’s broadcast television system from analog to digital television. The Second Report and Order resolved several major technical issues including the issue of receiver performance standards, DTV tuners, and revisions to certain components of the DTV transmission standard. A subsequent NPRM commenced the Commission’s second periodic review of the progress of the digital television conversion. The resulting R&O adopted a multi-step process to create a new DTV table of allotments and authorizations. Also in the R&O, the Commission adopted replication and maximization deadlines for DTV broadcasters and updated rules in recognition revisions to broadcast transmission standards. The Second R&O adopts disclosure requirements for televisions that do not include a digital tuner. Timetable: Action NPRM R&O MO&O PO 00000 Frm 00019 Action Date Third MO&O and 10/02/02 Order on Recon Second R&O and 10/11/02 Second MO&O NPRM 02/18/03 R&O 10/04/04 Second R&O 05/10/07 Next Action Undetermined FR Cite 67 FR 61816 67 FR 63290 68 FR 7737 69 FR 59500 72 FR 26554 Regulatory Flexibility Analysis Required: Yes Agency Contact: Eloise Gore, Associate Bureau Chief, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1066 TDD Phone: 202 418–7172 Fax: 202 418–1069 Email: eloise.gore@fcc.gov RIN: 3060–AH54 Legal Authority: 47 USC 4(i) and 4(j); 47 USC 303(r); 47 USC 307; 47 USC 309; 47 USC 336 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mania K. Baghdadi, Deputy Division Chief, Industry Analysis Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2133 Email: mania.baghdadi@fcc.gov RIN: 3060–AH09 VerDate Nov<24>2008 Notice of Proposed Rulemaking. Further technical guidance is provided in a Second Report and Order. Date FR Cite 03/23/00 65 FR 15600 02/13/01 66 FR 9973 12/18/01 66 FR 65122 Fmt 1254 Sfmt 1254 499. DIRECT BROADCAST PUBLIC INTEREST OBLIGATIONS (MM DOCKET NO. 93–25) Legal Authority: 47 USC 335 Abstract: The Commission adopted rules in 1998 that implement section 25 of the Cable Television Consumer Protection and Competition Act of 1992, as codified at section 335 of the Communications Act of 1934. Section 335 directs the Commission to impose certain public interest obligations on direct broadcast satellite providers. Timetable: Action Date NPRM 03/08/93 R&O 02/08/99 Order on Recon 04/22/04 Order on Recon 04/28/04 Next Action Undetermined FR Cite 58 FR 12917 64 FR 52399 69 FR 21761 69 FR 23155 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rosalee Chiara, Staff Attorney, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0754 Email: rchiara@fcc.gov RIN: 3060–AH59 500. REVISION OF EEO RULES AND POLICIES (MM DOCKET NO. 98–204) Legal Authority: 47 USC 151; 47 USC 154; 47 USC 257; 47 USC 301; 47 USC 303; 47 USC 307 to 309; 47 USC 334; 47 USC 403; 47 USC 554 E:\FR\FM\07DER20.SGM 07DER20 64540 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions Abstract: FCC authority to govern Equal Employment Opportunity (EEO) responsibilities of cable television operators was codified in the Cable Communications Policy Act of 1984. This authority was extended to television broadcast licensees and other multi-channel video programming distributors in the Cable and Television Consumer Protection Act of 1992. In the Second Report and Order, the FCC adopted new EEO rules and policies. This action was in response to a decision of the U.S. Court of Appeals for the District of Columbia Circuit that found prior EEO rules unconstitutional. The Third Notice of Proposed Rulemaking (NPRM) requests comment as to the applicability of the EEO rules to part-time employees. The Third Report and Order adopted revised forms for broadcast station and MVPDs Annual Employment Report. In the Fourth NPRM, comment was sought regarding public access to the data contained in the forms. Timetable: Action Date NPRM 01/14/02 Second R&O and 01/07/03 Third NPRM Correction 01/13/03 Fourth NPRM 06/23/04 Third R&O 06/23/04 Next Action Undetermined FR Cite 67 FR 1704 68 FR 670 68 FR 1657 69 FR 34986 69 FR 34950 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Lewis Pulley, Asst. Chief, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1450 Email: lewis.pulley@fcc.gov RIN: 3060–AH95 501. BROADCAST MULTIPLE AND CROSS–OWNERSHIP LIMITS Legal Authority: 47 USC 151; 47 USC 152(a); 47 USC 154(i); 47 USC 303; 47 USC 307; 47 USC 309 and 310 Abstract: In 2002, the Commission undertook a comprehensive review of its broadcast multiple and crossownership limits examining: crossownership of TV and radio stations; local TV ownership limits; national TV cap; and dual network rule. The Report and Order replaced the newspaper/broadcast cross-ownership and radio and TV rules with a tiered VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 approach based on the number of television stations in a market. Petitions for Reconsideration are pending. Also, the Third Circuit Court of Appeals remanded portions of the Commission’s decisions. In June 2006, the Commission adopted a Further Notice of Proposed Rulemaking initiating the 2006 review of the broadcast ownership rules. The further notice also sought comment on how to address the issues raised by the Third Circuit. Additional questions are raised for comment in a Second Further Notice of Proposed Rulemaking. In the Report and Order and Order on Reconsideration, the Commission adopted rule changes regarding newspaper/broadcast cross-ownership, but otherwise generally retained the other broadcast ownership rules currently in effect. Timetable: Action Date NPRM 10/05/01 R&O 08/05/03 Public Notice 02/19/04 FNPRM 08/09/06 Second FNPRM 08/08/07 R&O and Order on 02/21/08 Recon Next Action Undetermined FR Cite 66 FR 50991 68 FR 46286 69 FR 9216 71 FR 4511 72 FR 44539 73 FR 9481 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mania K. Baghdadi, Deputy Division Chief, Industry Analysis Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2133 Email: mania.baghdadi@fcc.gov RIN: 3060–AH97 502. ESTABLISHMENT OF RULES FOR DIGITAL LOW POWER TELEVISION, TELEVISION TRANSLATOR, AND TELEVISION BOOSTER STATIONS (MB DOCKET NO. 03–185) Legal Authority: 47 USC 309; 47 USC 336 Abstract: This proceeding initiates the digital television conversion for low power television (LPTV) and television translator stations. The rules and policies adopted as a result of this proceeding provide the framework for these stations’ conversion from analog to digital broadcasting. The Report and Order adopts definitions and permissible use provisions for digital PO 00000 Frm 00020 Fmt 1254 Sfmt 1254 TV translator and LPTV stations. Petitions for reconsideration of the Report and Order are pending. Timetable: Action Date FR Cite NPRM 09/26/03 68 FR 55566 R&O 11/29/04 69 FR 69325 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Shaun Maher, Attorney Advisor, Federal Communications Commission, Mass Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2324 Fax: 202 418–2827 Email: shaun.maher@fcc.gov RIN: 3060–AI38 503. JOINT SALES AGREEMENTS IN LOCAL TELEVISION MARKETS (MB DOCKET NO. 04–256) Legal Authority: 47 USC 151 to 152(a); 47 USC 154(i); 47 USC 303; . . . Abstract: A joint sales agreement (JSA) is an agreement with a licensee of a brokered station that authorizes a broker to sell some or all of the advertising time for the brokered station in return for a fee or percentage of revenues paid to the licensee. The Commission has sought comment on whether TV JSAs should be attributed for purposes of determining compliance with the Commission’s multiple ownership rules. Timetable: Action Date FR Cite NPRM 08/26/04 69 FR 52464 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Debra Sabourin, Attorney Advisor, Federal Communications Commission, Mass Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2130 Email: debra.sabourin@fcc.gov RIN: 3060–AI55 504. SIGNIFICANTLY VIEWED OUT–OF–MARKET BROADCAST STATIONS (MB DOCKET NO. 05–49) Legal Authority: 47 USC 151; 47 USC 154(i) and 154(j); 47 USC 340 E:\FR\FM\07DER20.SGM 07DER20 64541 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions Abstract: Section 202 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 creates section 340 of the Communications Act, which provides satellite carries with the authority to offer Commission determined ‘‘significantly viewed’’ signals of out-of-market broadcast stations to subscribers. In the NPRM, comment was sought on implementation of section 340. The resulting Report and Order adopted a list of significantly viewed stations and procedures for stations to petition the Commission for inclusion on the list. Timetable: Action Date FR Cite NPRM 03/08/05 70 FR 11314 R&O 12/27/05 70 FR 76504 Next Action Undetermined erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2120 Email: evan.baranoff@fcc.gov RIN: 3060–AI56 505. REVISION OF PROCEDURES GOVERNING AMENDMENTS TO FM TABLE OF ALLOTMENTS AND CHANGES OF COMMUNITY OF LICENSE IN THE RADIO BROADCAST SERVICES (MB DOCKET NO. 05–210) Legal Authority: 47 USC 154; 47 USC 303 Abstract: The rulemaking was initiated to reduce backlog in, and streamline, the FM allotment procedures and, to a lesser extent, streamline certain procedures pertaining to AM applications. Although the Commission has made important changes to streamline the processing of radio broadcast applications, the basic procedures for amending the Table have not changed since 1982. The Notice seeks comment on a number of specific rule and procedural changes in the handling of FM and AM applications and rulemaking petitions to amend the Table. In the area of applications procedures, the Notice seeks comments on various proposals designed to encourage only bona fide proponents to submit petitions and to limit the complexity of such petitions. If these changes are adopted, it will VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 expedite the approval and implementation on new and upgraded radio service to the public. The Report and Order adopted the proposals from the notice. Petitions for reconsideration are pending. Timetable: 507. IMPLEMENTATION OF THE CABLE COMMUNICATIONS POLICY ACT OF 1984 AS AMENDED BY THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 (MB DOCKET NO. 05–311) Action Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 541(a)(1); 47 USC 556(c) Date FR Cite NPRM 06/22/05 70 FR 44537 NPRM Comment 10/03/05 Period End R&O 12/20/06 71 FR 76208 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Tom Nessinger, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2709 Email: thomas.nessinger@fcc.gov RIN: 3060–AI63 506. DIGITAL TELEVISION DISTRIBUTED TRANSMISSION SYSTEM TECHNOLOGIES (MB DOCKET NO. 05–312) Legal Authority: 47 USC 151; 47 USC 154(i) to (j); 47 USC 157; 47 USC 301; ... Abstract: A digital television transmission system (DTS) employs multiple synchronized transmitters spread around a station’s service area. Such distributed transmitters fill in unserved areas in the parent station’s coverage area. The Notice of Proposed Rulemaking (NPRM) examines issues related to the use of DTS and proposes rules for future DTS operation. The Report and Order adopts the technical and licensing rules necessary to implement DTS service. Timetable: Action Date FR Cite NPRM 12/07/05 70 FR 72763 R&O 12/05/08 73 FR 74047 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2120 Email: evan.baranoff@fcc.gov RIN: 3060–AI68 PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 Abstract: Section 621(a)(1) of the Communications Act of 1934, as amended, states in relevant part that ‘‘a franchising authority . . .may not unreasonably refuse to award an additional competitive franchise.’’ The Notice of Proposed Rulemaking (NPRM) solicits comment on implementation of section 621(a)(1)’s directive, and whether the franchising process unreasonably impedes the achievement of the interrelated Federal goals of enhanced cable competition and accelerated broadband deployment and, if so, how the Commission should act to address that problem. The subsequent Report and Order found that certain actions by local franchising authorities constitute an unreasonable refusal to award a competitive franchise within the meaning of section 621(a)(1). The item included a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on how the findings should affect existing franchises. In the Second Report and Order, a number of the rules promulgated in this docket are extended to incumbent cable operators. Timetable: Action Date FR Cite NPRM 12/19/05 70 FR 73973 R&O and FNPRM 03/21/07 72 FR 13230 Second R&O 11/23/07 72 FR 65670 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Holly Saurer, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7283 Fax: 202 418–1069 Email: holly.saurer@fcc.gov RIN: 3060–AI69 E:\FR\FM\07DER20.SGM 07DER20 64542 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions 508. PROGRAM ACCESS RULES— SUNSET OF EXCLUSIVE CONTRACTS PROHIBITION AND EXAMINATION OF PROGRAMMING TYING ARRANGEMENTS; (MB DOCKET NOS. 07–29, 07–198) Legal Authority: 47 USC 548 Abstract: The program access provisions of the Communications Act (section 628) generally prohibit exclusive contracts for satellite delivered programming between programmers in which a cable operator has an attributable interest (vertically integrated programmers) and cable operators. This limitation was set to expire on October 5, 2007, unless circumstances in the video programming marketplace indicate that an extension of the prohibition continues ‘‘to be necessary to preserve and protect competition and diversity in the distribution of video programming.‘‘ The proceeding undertakes the required review. The Report and Order concluded the prohibition continues to be necessary, and accordingly, retained it until October 5, 2012. The accompanying Notice of Proposed Rulemaking (NPRM) sought comment on revisions to the Commission’s program access and retransmission consent rules. Timetable: Action Date FR Cite NPRM 03/01/07 72 FR 9289 R&O 10/04/07 72 FR 56645 NPRM 10/31/07 72 FR 61590 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: David Konczal, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2228 Email: david.konczal@fcc.gov erowe on DSK5CLS3C1PROD with RULES RIN: 3060–AI87 509. THIRD PERIODIC REVIEW OF THE COMMISSION’S RULES AND POLICIES AFFECTING THE CONVERSION TO DIGITAL TELEVISION (MB DOCKET NO. 07–91) Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 301 to 303; 47 USC 307 to 309; 47 USC 312; 47 USC 316; 47 USC 318 and 319; 47 USC 324 and 325; 47 USC 336 and 337 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Abstract: Congress has mandated that after February 17, 2009, full-power broadcast stations must transmit only in digital signals, and may no longer transmit analog signals. This proceeding is the Commission’s third periodic review of the transition of the nation’s broadcast television system from analog to digital television (DTV). The Commission conducts these periodic reviews in order to assess the progress of the transition and make any necessary adjustments to the Commission’s rules and policies to facilitate the introduction of DTV service and the recovery of spectrum at the end of the transition. In this review, the Commission considers how to ensure that broadcasters complete construction of their final posttransition (digital) facilities by the statutory deadline. Timetable: Action Date FR Cite NPRM 07/09/07 72 FR 37310 R&O 01/30/08 73 FR 5634 Order on Clarification 07/10/08 73 FR 39623 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2120 Email: evan.baranoff@fcc.gov RIN: 3060–AI89 510. DTV CONSUMER EDUCATION INITIATIVE (MB DOCKET NO. 07–148) Legal Authority: 47 USC 154(i); 47 USC 303(r); 47 USC 335 and 336 Abstract: Congress has mandated that after February 17, 2009, full-power broadcast stations must transmit only in digital signals, and may no longer transmit analog signals. From the beginning of the digital transition, the Commission has been committed to working with representatives from industry, public interest groups, and Congress to make the significant benefits of digital broadcasting available to the public. The digital transition will make valuable spectrums available for both public safety uses and expanded wireless competition and innovation. It will also provide consumers with better quality television picture and sound, and make PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 new services available through multicasting. These innovations, however, are dependent upon widespread consumer understanding of the benefits and the mechanics of the transition. While the Commission has been engaged in various DTV outreach efforts, this proceeding was initiated to seek public comment on whether there are additional steps relating to consumer education about the digital transition which the Commission should take. The Report and Order found a clear and compelling need for educational efforts directed at consumers. Requirements were imposed on several participants in the DTV transition to provide information about the transition to consumers. Timetable: Action Date NPRM 08/16/07 R&O 03/24/08 FNPRM 05/28/08 Order 06/26/08 Next Action Undetermined FR Cite 72 FR 46014 73 FR 15431 73 FR 30591 73 FR 36282 Regulatory Flexibility Analysis Required: Yes Agency Contact: Lyle Elder, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2120 Email: lyle.elder@fcc.gov RIN: 3060–AI96 511. BROADCAST LOCALISM (MB DOCKET NO. 04–233) Legal Authority: 47 USC 154(i); 47 USC 303; 47 USC 532; 47 USC 536 Abstract: The concept of localism has been a cornerstone of broadcast regulation. The Commission has consistently held that as temporary trustee of the public’s airwaves, broadcasters are obligated to operate their stations to serve the public interest. Specifically, broadcasters are required to air programming responsive to the needs and issues of the people in their licensed communities. The Commission opened this proceeding to seek input on a number of issues related to broadcast localism. Timetable: Action Date NPRM E:\FR\FM\07DER20.SGM FR Cite 02/13/08 73 FR 8255 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Action Date Long-Term Actions FR Cite NPRM Comment 03/14/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: William Freedman, Associate Chief, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1415 Email: william.freedman@fcc.gov RIN: 3060–AJ04 512. CREATING A LOW POWER RADIO SERVICE (MM DOCKET NO. 99–25) erowe on DSK5CLS3C1PROD with RULES Abstract: This proceeding was initiated to establish a new noncommercial educational low power FM radio service for non-profit community organizations and public safety entities. In January 2000, the Commission adopted a Report and Order establishing two classes of LPFM stations, 100 watt (LP100) and 10 watt (LP10) facilities, with service radii of approximately 3.5 miles and 1-2 miles, respectively. The Report and Order also established ownership and eligibility rules for the LPFM service. The Commission generally restricted ownership to entities with no attributable interest in any other broadcast station or other media. To choose among entities filing mutually exclusive applications for LPFM licenses, the Commission established a point system favoring local ownership and locally-originated programming. The Report and Order imposed separation requirements for LPFM with respect to full power stations operating on co-, first- and second-adjacent and intermediate frequency (IF) channels. In December 2000, legislation was enacted that required the Commission to modify its rules to (i) prescribe LPFM station third-adjacent channel interference protection standards and (ii) prohibit any applicant from obtaining an LPFM station license if the applicant previously has engaged in the unlicensed operation of a station. In March 2001, the Commission adopted a Second Report and Order implementing this statute. 15:17 Dec 04, 2009 Jkt 220001 In a Further Notice issued in 2005, the Commission reexamined some of its rules governing the LPFM service, noting that the rules may adjustment in order to ensure that the Commission maximizes the value of the LPFM service without harming the interests of full-power FM stations or other Commission licensees. The Commission sought comment on a number of issues with respect to LPFM ownership restrictions and eligibility. The Third Report and Order resolves issues raised in the Further Notice. The accompanying Second Further Notice of Proposed Rulemaking (FNPRM) considers rule changes to avoid the potential loss of LPFM stations. Timetable: Action Legal Authority: 47 USC 151 to 152; 47 USC 154(i); 47 USC 303; 47 USC 403; 47 USC 405 VerDate Nov<24>2008 64543 Date NPRM 12/16/99 R&O 02/15/00 MO&O and Order on 11/09/00 Recon Second R&O 05/10/01 Second Order on 07/07/05 Recon and FNPRM Third R&O and 01/17/08 Second FNPRM Next Action Undetermined FR Cite 64 FR 2577 65 FR 7616 65 FR 67289 66 FR 23861 70 FR 3918 73 FR 3202 Regulatory Flexibility Analysis Required: Yes Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2700 Email: peter.doyle@fcc.gov RIN: 3060–AJ07 513. SPONSORSHIP IDENTIFICATION RULES AND EMBEDDED ADVERTISING (MB DOCKET NO. 08–90) Legal Authority: 47 USC 154(i) and (j); 47 USC 303(r); 47 USC 303(a); 47 USC 317; 47 USC 405; 47 USC 508 Abstract: The Commission undertook this proceeding to seek comment on the relationship between the Commission’s sponsorship identification rules and the increasing reliance on industry by embedded advertising techniques. Due to recent technological changes that allow consumers to more easily bypass traditional commercial content, content providers may be turning to more subtle and sophisticated means of incorporating commercial messages into programming. The NPRM will seek to determine how embedded advertising PO 00000 Frm 00023 Fmt 1254 Sfmt 1254 affects the efficacy of the sponsorship identification rules in protecting the public’s right to know who is paying to air commercials or other programming matter on broadcast outlets and cable television systems. Timetable: Action Date FR Cite NPRM and NOI 07/24/08 73 FR 43194 NPRM Comment 09/22/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Brendan Murray, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1573 Email: brendan.murray@fcc.gov RIN: 3060–AJ10 514. ∑ AN INQUIRY INTO THE COMMISSION’S POLICIES AND RULES REGARDING AM RADIO SERVICE DIRECTIONAL ANTENNA PERFORMANCE VERIFICATION (MM DOCKET NO. 93–177) Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 303; 47 USC 308 Abstract: This proceeding is part of a streamlining initiative to simplify the Media Bureau’s licensing procedures. The Report and Order in this proceeding simplified traditional proof of performance requirements for directional AM stations. The Second Report and Order further reduces regulatory burdens on AM broadcasters by permitting the use of computer modeling. Timetable: Action Date NPRM 07/27/99 R&O 04/25/01 FNPRM 04/25/01 2nd R&O 10/30/08 2nd FNPRM 12/11/08 Next Action Undetermined FR Cite 64 FR 40539 66 FR 20752 66 FR 20779 73 FR 64558 73 FR 75376 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ann Gallagher, Audio Division. Media Bureau, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554 Phone: 202 418–2716 Email: ann.gallagher@fcc.gov RIN: 3060–AJ17 E:\FR\FM\07DER20.SGM 07DER20 64544 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Media Bureau Long-Term Actions 515. ∑ AMENDMENT OF PARTS 73 AND 74 OF THE COMMISSION’S RULES TO ESTABLISH RULES FOR REPLACEMENT DIGITAL LOW POWER TELEVISION TRANSLATOR STATIONS; MB DOCKET NO. 08–253 Legal Authority: 47 USC 151; 47 USC 154(i) and (j); 47 USC 157; 47 USC 301; 47 USC 302(a); 47 USC 303; 47 USC 307 to 309; 47 USC 312; 47 USC 316; 47 USC 318 and 319; 47 USC 324 and 325; 47 USC 336 and 337 Abstract: This proceeding was initiated to create a new digital television translator service to permit full-service television stations to continue to provide digital service to viewers within their coverage areas who have lost service as a result of the stations’ digital transition. Timetable: 516. ∑ POLICIES TO PROMOTE RURAL RADIO SERVICE AND TO STREAMLINE ALLOTMENT AND ASSIGNMENT PROCEDURES; MB DOCKET NO. 09–52 Legal Authority: 47 USC 151 and 152; 47 USC 154(i); 47 USC 303; 47 USC 307 and 309(j) Abstract: This proceeding was commenced to consider a number of changes to the Commission’s rules and procedures to carry out the statutory goal of distributing radio service fairly and equitably, and to increase the transparency and efficiency of radio broadcast auction and licensing processes. In the NPRM, comment is sought on specific proposals regarding the procedures used to award commercial broadcast spectrum in the AM and FM broadcast bands. Timetable: Action Action Date FR Cite NPRM 01/20/09 74 FR 61 R&O 06/02/09 74 FR 26300 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara A. Kreisman, Chief, Video Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1600 Email: barbara.kreisman@fcc.gov RIN: 3060–AJ18 Date FR Cite NPRM 05/13/09 74 FR 22498 NPRM Comment 07/10/09 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2700 Email: peter.doyle@fcc.gov RIN: 3060–AJ23 517. ∑ PROMOTING DIVERSIFICATION OF OWNERSHIP IN THE BROADCAST SERVICES (MB DOCKET NO. 07–294) Legal Authority: 47 USC 151; 47 USC 152(a); 47 USC 154 i and (j); 47 USC 257; 47 USC 303(r); 47 USC 307 to 310; 47 USC 336; 47 USC 534 to 535 Abstract: Diversity and competition are longstanding and important Commission goals. The measures proposed, as well as those adopted in this proceeding, are intended to promote diversity of ownership of media outlets. In the Report and Order and 3rd FNPRM, measures are enacted to increase participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses. In the Report and Order and 4th FNPRM, the Commission adopts improvements to its data collection in order to obtain an accurate and comprehensive assessment of minority and female broadcast ownership in the United States. Timetable: Action Date R&O 05/16/08 3rd FNPRM 05/16/08 R&O 05/27/09 4th FNPRM 05/27/09 Next Action Undetermined erowe on DSK5CLS3C1PROD with RULES Legal Authority: 47 USC 159 Abstract: Section 9 of the Communications Act of 1934, as amended, 47 U.S.C. 159, requires the FCC to recover the cost of its activities by assessing and collecting annual regulatory fees from beneficiaries of the activities. VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Agency Contact: Kristi Thompson, Attorney, Industry Analysis Division Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1318 Email: kristi.thompson@fcc.gov RIN: 3060–AJ27 Long-Term Actions Timetable: Action Date NPRM R&O NPRM R&O FNPRM NPRM R&O FNPRM 2nd R&O NPRM and Order PO 00000 Frm 00024 73 FR 28361 73 FR 28400 74 FR 25163 74 FR 25305 Regulatory Flexibility Analysis Required: Yes Federal Communications Commission (FCC) Office of Managing Director 518. ASSESSMENT AND COLLECTION OF REGULATORY FEES FR Cite FR Cite 04/06/06 08/02/06 05/02/07 08/16/07 08/16/07 05/28/08 08/26/08 08/26/08 05/12/09 06/02/09 71 FR 17410 71 FR 43842 72 FR 24213 72 FR 45908 72 FR 46010 73 FR 30563 73 FR 50201 73 FR 50285 74 FR 22104 74 FR 26329 Fmt 1254 Sfmt 1254 R&O 08/11/09 74 FR 40089 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Daniel Daly, Attorney, Office of the Managing Director, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1832 Email: daniel.daly@fcc.gov RIN: 3060–AI79 E:\FR\FM\07DER20.SGM 07DER20 64545 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Federal Communications Commission (FCC) Public Safety and Homeland Security Bureau 519. REVISION OF THE RULES TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING SYSTEMS Legal Authority: 47 USC 134(i); 47 USC 151; 47 USC 201; 47 USC 208; 47 USC 215; 47 USC 303; 47 USC 309 Abstract: In a series of orders in several related proceedings issued since 1996, the Federal Communications Commission has taken action to improve the quality and reliability of 911 emergency services for wireless phone users. Rules have been adopted governing the availability of basic 911 services and the implementation of enhanced 911 (E911) for wireless services. Timetable: Action Date FNPRM 08/02/96 R&O 08/02/96 MO&O 01/16/98 Second R&O 06/28/99 Third R&O 11/04/99 Second MO&O 12/29/99 Fourth R&O, Third 09/19/00 NPRM, and NPRM Fourth MO&O 10/02/00 FNPRM 06/13/01 Order 11/02/01 R&O 05/23/02 Public Notice 07/17/02 Order to Stay 07/26/02 Order on Recon 01/22/03 FNPRM 01/23/03 Second R&O, Second 02/11/04 FNPRM Second R&O 09/07/04 NPRM 06/20/07 NPRM Comment 08/20/07 Period End Order on Recon 10/11/07 R&O 02/14/08 Next Action Undetermined FR Cite 61 FR 40374 61 FR 40348 63 FR 2631 64 FR 34564 64 FR 60126 64 FR 72951 65 FR 56752 65 FR 58657 66 FR 31878 66 FR 55618 67 FR 36112 67 FR 46909 68 FR 2914 68 FR 3214 69 FR 6578 69 FR 54037 72 FR 33948 erowe on DSK5CLS3C1PROD with RULES Agency Contact: Tom Beers, Chief, Policy Division, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0952 Email: tom.beers@fcc.gov RIN: 3060–AG34 15:17 Dec 04, 2009 520. ENHANCED 911 SERVICES FOR WIRELINE Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 201; 47 USC 222; 47 USC 251 Abstract: The rules generally will assist State governments in drafting legislation that will ensure that multiline telephone systems are compatible with the enhanced 911 network. Timetable: Action Date NPRM 10/11/94 FNPRM 01/23/03 Second FNPRM 02/11/04 R&O 02/11/04 Public Notice 01/13/05 Next Action Undetermined Jkt 220001 59 FR 54878 68 FR 3214 69 FR 6595 69 FR 6578 70 FR 2405 521. IN THE MATTER OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT Legal Authority: 47 USC 229; 47 USC 1001 to 1008 Abstract: All of the decisions in this proceeding thus far are aimed at implementation of provisions of the Communications Assistance for Law Enforcement Act. Timetable: Date NPRM 10/10/97 Order 01/13/98 FNPRM 11/16/98 R&O 01/29/99 Order 03/29/99 Second R&O 09/23/99 Third R&O 09/24/99 Order on Recon 09/28/99 Policy Statement 10/12/99 Second Order on 05/04/01 Recon Order 10/05/01 Order on Remand 05/02/02 NPRM 09/23/04 First R&O 10/13/05 Second R&O 07/05/06 Next Action Undetermined PO 00000 Frm 00025 Fmt 1254 Regulatory Flexibility Analysis Required: Yes Agency Contact: Tom Beers, Chief, Policy Division, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0952 Email: tom.beers@fcc.gov RIN: 3060–AG74 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Tom Beers, Chief, Policy Division, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0952 Email: tom.beers@fcc.gov RIN: 3060–AG60 Action 72 FR 57879 73 FR 8617 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 Long-Term Actions FR Cite 62 FR 63302 63 FR 1943 63 FR 63639 64 FR 51462 64 FR 14834 64 FR 51462 64 FR 51710 64 FR 52244 64 FR 55164 66 FR 22446 66 FR 50841 67 FR 21999 69 FR 56976 70 FR 59704 71 FR 38091 Sfmt 1254 522. DEVELOPMENT OF OPERATIONAL, TECHNICAL, AND SPECTRUM REQUIREMENTS FOR PUBLIC SAFETY COMMUNICATIONS REQUIREMENTS Legal Authority: 47 USC 151; 47 USC 154; 47 USC 160; 47 USC 201 and 202; 47 USC 303; 47 USC 337(a); 47 USC 403 Abstract: This item takes steps toward developing a flexible regulatory framework to meet vital current and future public safety communications needs. Timetable: Action Date NPRM 10/09/97 Second NPRM 11/07/97 First R&O 11/02/98 Third NPRM 11/02/98 MO&O 11/04/99 Second R&O 08/08/00 Fourth NPRM 08/25/00 Second MO&O 09/05/00 Third MO&O 11/07/00 Third R&O 11/07/00 Fifth NPRM 02/16/01 Fourth R&O 02/16/01 MO&O 09/27/02 NPRM 11/08/02 R&O 12/13/02 NPRM 04/27/05 R&O 04/27/05 NPRM 04/07/06 NPRM 09/21/06 Ninth NPRM 01/10/07 Ninth NPRM 02/26/07 Comment Period End R&O and FNPRM 05/02/07 R&O and FNPRM 05/23/07 Comment Period End Second R&O 08/24/07 Second FNPRM 05/21/08 Third FNPRM 10/03/08 Next Action Undetermined FR Cite 62 FR 60199 62 FR 60199 63 FR 58645 63 FR 58685 64 FR 60123 65 FR 48393 65 FR 51788 65 FR 53641 65 FR 66644 65 FR 66644 66 FR 10660 66 FR 10632 67 FR 61002 67 FR 68079 67 FR 76697 70 FR 21726 70 FR 21671 71 FR 17786 71 FR 55149 72 FR 1201 72 FR 24238 72 FR 48814 73 FR 29582 73 FR 57750 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\07DER20.SGM 07DER20 64546 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Public Safety and Homeland Security Bureau Agency Contact: Jeff Cohen, Senior Legal Counsel, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0799 Email: jeff.cohen@fcc.gov RIN: 3060–AG85 523. 1998 BIENNIAL REGULATORY REVIEW—REVIEW OF ACCOUNTS SETTLEMENT IN MARITIME MOBILE AND MARITIME MOBILE–SATELLITE RADIO SERVICES; (IB DOCKET NO. 98–96) Legal Authority: 47 USC 154(i) and 154(j); 47 USC 201 to 205; 47 USC 303(r) Abstract: The FCC seeks comment regarding Accounts Settlement in the Maritime Mobile and Maritime Mobile Satellite Service (MSS) Radio Services. Timetable: Action Date NPRM 07/24/98 FNPRM 07/28/99 R&O 07/28/99 Comment Period 09/03/99 Extended Next Action Undetermined FR Cite 63 FR 39800 64 FR 40808 64 FR 40774 64 FR 48337 Long-Term Actions includes wireless communications services. More specifically, a chief goal of the proceeding is to ensure that all emergency calls are routed to the appropriate local emergency authority to provide assistance. The E911 proceeding goes a step further and is aimed at improving the effectiveness and reliability of wireless 911 dispatchers with additional information on wireless 911 calls. Timetable: Action Date FR Cite Final Rule 01/25/02 67 FR 3621 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: David H. Siehl, Attorney, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1313 Fax: 202 418–2816 Email: david.siehl@fcc.gov RIN: 3060–AH90 525. COMMISSION RULES CONCERNING DISRUPTIONS TO COMMUNICATIONS Regulatory Flexibility Analysis Required: Yes Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 303(r) Agency Contact: Timothy Peterson, Chief of Staff, PSHSB, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1575 Abstract: The Report and Order extended the Commission’s disruption reporting requirements to communications providers who are not wireline carriers. The Commission also streamlined compliance with the reporting requirements through electronic filing with a ‘‘fill in the blank’’ template and by simplifying the application of that rule. In addition, the Commission delegates authority to the Chief, Office of Engineering and Technology, to make the revisions to the filing system and template necessary to improve the efficiency of reporting and to reduce, where reasonably possible, the time for providers to prepare, and for the Commission staff to review, the communications disruption reports required to be filed. Such authority was subsequently delegated to the Chief of the Public Safety and Homeland Security Bureau. These actions will allow the Commission to obtain the necessary information regarding service disruptions in an efficient and expeditious manner and to achieve RIN: 3060–AH30 524. IMPLEMENTATION OF 911 ACT erowe on DSK5CLS3C1PROD with RULES Legal Authority: 47 USC 151; 47 USC 154(i) and 154(j); 47 USC 157; 47 USC 160; 47 USC 202; 47 USC 208; 47 USC 210; 47 USC 214; 47 USC 251(e); 47 USC 301; 47 USC 303; 47 USC 308 to 309(j); 47 USC 310 Abstract: This proceeding is separate from the Commission’s proceeding on Enhanced 911 Emergency Systems (E911) in that it is intended to implement provisions of the Wireless Communications and Public Safety Act of 1999 through the promotion of public safety by the deployment of a seamless, nationwide emergency communications infrastructure that VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 1254 Sfmt 1254 significant concomitant public interest benefits. The Commission received nine petitions for reconsideration in this proceeding, which are pending. The Further Notice of Proposed Rulemaking (NPRM) expands the record in the proceeding to focus specifically on the unique communications needs of airports, including wireless and satellite communications. In this regard, the Commission requested comment on the additional types of airport communications (e.g., wireless, satellite) that should be required to file service disruption reports—particularly from a homeland security and defense perspective. These types of airport communications may include, for example, communications that are provided by ARINC as well as commercial communications (e.g., airto-ground and ground-to-air telephone communications) as well as intraairline commercial links. The Commission also requested comment on whether the outage-reporting requirements for special facilities should be extended to cover general aviation airports (GA) and, if so, what the applicable threshold criteria should be. Timetable: Action Date NPRM 03/26/04 FNPRM 11/26/04 R&O 12/03/04 Announcement of 12/30/04 Effective Date and Partial Stay Petition for Recon 02/15/05 Amendment of 02/21/08 Delegated Authority Next Action Undetermined FR Cite 69 FR 15761 69 FR 68859 69 FR 70316 69 FR 78338 70 FR 7737 73 FR 9462 Regulatory Flexibility Analysis Required: Yes Agency Contact: Lisa Fowlkes, Deputy Bureau Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7452 Email: lisa.fowlkes@fcc.gov RIN: 3060–AI22 E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Public Safety and Homeland Security Bureau 526. E911 REQUIREMENTS FOR IP–ENABLED SERVICE PROVIDERS Legal Authority: 47 USC 151; 47 USC 154(i) and 154(j); 47 USC 251(e); 47 USC 303(r) Abstract: The notice seeks comment on what additional steps the Commission should take to ensure that providers of voice-over Internet protocol services that interconnect with the public switched telephone network provide ubiquitous and reliable enhanced 911 service. Timetable: Action Date FR Cite NPRM 06/29/05 70 FR 37307 NPRM Comment 09/12/05 Period End NPRM 06/20/07 72 FR 33948 NPRM Comment 07/11/07 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Tom Beers, Chief, Policy Division, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0952 Email: tom.beers@fcc.gov RIN: 3060–AI62 527. RECOMMENDATIONS OF THE INDEPENDENT PANEL REVIEWING THE IMPACT OF HURRICANE KATRINA ON COMMUNICATIONS NETWORKS erowe on DSK5CLS3C1PROD with RULES Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 218; 47 USC 303(r) Abstract: In the Notice of Proposed Rulemaking (NPRM)in EB Docket No. 06-119, the Commission initiated a comprehensive rulemaking to address and implement the recommendations presented by the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks (Independent Panel). The Independent Panel’s report included recommendations which relate to: (1) Pre-positioning the communications industry and the government for disasters in order to achieve greater network reliability and resiliency; (2) improving recovery coordination to address existing shortcomings and to maximize the use of existing resources; (3) improving the operability and VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions interoperability of public safety and 911 communications in times of crisis; and (4) improving communication of emergency information to the public. The Commission, in this proceeding, is to take the lessons learned from this disaster and build upon them to promote more effective, efficient response and recovery efforts as well as heightened readiness and preparedness in the future. To accomplish this goal, the Commission invited comment on what actions the Commission can take to address the Independent Panel’s recommendations. In the Order released June 8, 2007 (EB Docket No. 06-119 and WC Docket No. 06-63), the Commission directed the Public Safety and Homeland Security Bureau to implement several of the recommendations made by the Independent Panel. The Commission also adopted rules requiring some communications providers to have emergency/backup power and requiring certain communications providers to conduct analyses and submit reports on the redundancy and resiliency of their 911 and E911 networks and/or systems. Finally, the Commission extended limited regulatory relief from Section 272 of the Communications Act of 1934, as amended, previously accorded by the Wireline Competition Bureau. In an Order on Reconsideration released on October 4, 2007, the Commission considered six petitions for reconsideration and/or clarification of the June 2007 Order that adopted the backup power rule (section 12.2 of the Commission’s rules). The Order on Reconsideration granted in part and denied in part the petitions. The Commission modified the backup power rule to address several meritorious issues raised by petitioners. This modification will facilitate carrier compliance and reduce the burden on local exchange carriers and commercial mobile radio service providers, while continuing to further important homeland security and public safety goals. Timetable: Action Date NPRM 07/07/06 Order 07/11/07 Delay of Effective Date 08/10/07 of Rule Petitions for Recon 08/20/07 Order on Recon 10/11/07 Next Action Undetermined PO 00000 Frm 00027 Fmt 1254 64547 FR Cite 71 FR 38564 72 FR 37655 72 FR 44978 72 FR 46485 72 FR 57879 Sfmt 1254 Regulatory Flexibility Analysis Required: Yes Agency Contact: Lisa Fowlkes, Deputy Bureau Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7452 Email: lisa.fowlkes@fcc.gov RIN: 3060–AI78 528. STOLEN VEHICLE RECOVERY SYSTEM (SVRS) Legal Authority: 47 USC 151 and 152; 47 USC 154(i); 47 USC 301 to 303 Abstract: The Report and Order amends 47 CFR 90.20(e)(6) governing stolen vehicle recovery system operations at 173.075 MHz, by increasing the radiated power limit for narrowband base stations; increasing the power output limit for narrowband base stations; increasing the power output limit for narrowband mobile transceivers; modifying the base station duty cycle; increasing the tracking duty cycle for mobile transceivers; and retaining the requirement for TV channel 7 interference studies and that such studies must be served on TV channel 7 stations. Timetable: Action Date FR Cite NPRM 08/23/06 71 FR 49401 NPRM Comment 10/10/06 Period End R&O 10/14/08 73 FR 60631 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Zenji Nakazawa, Assoc. Chief, Policy Division, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7949 Email: zenji.nakazaw@fcc.gov RIN: 3060–AJ01 529. THE COMMERCIAL MOBILE ALERT SYSTEM Legal Authority: PL 109–347 title VI; EO 13407; 47 USC 151; 47 USC 154(i) Abstract: In the Notice of Proposed Rulemaking (NPRM), the Commission initiated a comprehensive rulemaking E:\FR\FM\07DER20.SGM 07DER20 64548 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Public Safety and Homeland Security Bureau to establish a commercial mobile alert system under which commercial mobile service providers may elect to transmit emergency alerts to the public. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 01/03/08 73 FR 545 02/04/08 Action Long-Term Actions Date First R&O 07/24/08 Second R&O 08/14/08 FNPRM 08/14/08 Third R&O 09/22/08 Next Action Undetermined FR Cite 73 FR 43009 73 FR 47550 73 FR 47568 73 FR 54511 Regulatory Flexibility Analysis Required: Yes Agency Contact: Lisa Fowlkes, Deputy Bureau Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, Public Safety and Homeland Security Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7452 Email: lisa.fowlkes@fcc.gov RIN: 3060–AJ03 Federal Communications Commission (FCC) Wireless Telecommunications Bureau 530. IMPLEMENTATION OF THE COMMUNICATIONS ACT, AMENDMENT OF THE COMMISSION’S RULES—BROADBAND PCS COMPETITIVE BIDDING AND THE COMMERCIAL MOBILE RADIO SERVICE SPECTRUM CAP Legal Authority: 47 USC 154(i); 47 USC 301 and 302; 47 USC 303(r); 47 USC 309(j); 47 USC 332 Abstract: NPRM to modify the competitive bidding rules for the Broadband PCS F Block. Report and Order, adopted June 21,1996, modified the PCS/cellular rule and the cellular spectrum cap. Timetable: Action Date O on Recon of Fifth 11/15/00 MO&O and D, E, & F R&O Final Rule 03/02/01 Final Rule 06/04/01 Third NPRM 08/27/04 Third NPRM Comment 10/04/04 Period Extended Next Action Undetermined FR Cite 65 FR 68927 66 FR 13022 66 FR 29911 69 FR 52632 69 FR 59166 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Audrey Bashkin, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7535 Email: abashkin@fcc.gov RIN: 3060–AG21 531. AMENDMENT OF PART 90 OF THE RULES TO ADOPT REGULATIONS FOR AUTOMATIC VEHICLE MONITORING SYSTEMS Legal Authority: 47 USC 154; 47 USC 251 and 252; 47 USC 303; 47 USC 309; 47 USC 332 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions Abstract: This Second Report and Order adopts rules and procedures governing competitive bidding for multilateration Location and Monitoring Service (LMS) frequencies. Timetable: Action Date FR Cite NPRM 10/06/97 62 FR 52078 NPRM Comment 11/20/97 Period End Second R&O 07/30/98 63 FR 40659 NPRM 05/03/99 64 FR 23571 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard Arsenault, Chief Counsel, Mobility Division, WTB, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0920 Email: richard.arsenault@fcc.gov RIN: 3060–AH12 532. FIXED SATELLITE SERVICE AND TERRESTRIAL SYSTEM IN THE KU–BAND Legal Authority: 47 USC 154; 47 USC 157; 47 USC 303 Abstract: The Memorandum Opinion and Order and 2nd Report and Order addressed petitions for reconsideration and established technical, service, and licensing rules for Multichannel Video Distribution and Data Service (MVDDS) in the 12 GHz band. MVDDS will facilitate the delivery of new communications services, such as video and broadband services, to a wide range of populations, including those that are unserved or underserved. These rules will allow MVDDS licensees to share the 12 GHz band with new operators on a com-primary basis, and non-harmful interference PO 00000 Frm 00028 Fmt 1254 Sfmt 1254 basis with incumbent Direct Broadcast Satellite service providers. Timetable: Action Date NPRM 01/12/99 Order 02/16/99 Public Notice 12/15/99 FNPRM 01/24/01 R&O 02/16/01 Petitions for Recon 04/09/01 Second R&O 06/26/02 Third R&O 06/18/03 Order To Deny 07/25/03 Final Rule 05/18/04 Final Rule 06/07/04 Correcting 10/04/04 Amendment Next Action Undetermined FR Cite 64 FR 1786 64 FR 7577 64 FR 70028 66 FR 7607 66 FR 10601 66 FR 18474 67 FR 43031 68 FR 42610 68 FR 43942 69 FR 28062 69 FR 28062 69 FR 59145 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jennifer Mock, Program Analyst, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1890 Email: jennifer.mock@fcc.gov RIN: 3060–AH17 533. SERVICE RULES FOR THE 746–764 AND 776–794 MHZ BANDS, AND REVISIONS TO THE COMMISSION’S RULES Legal Authority: 47 USC 1; 47 USC 4(i); 47 USC 7; 47 USC 10; 47 USC 201 and 202; 47 USC 208; 47 USC 214; 47 USC 301; 47 USC 303; 47 USC 307 and 308; 47 USC 309(j) and 309(k); 47 USC 310 and 311; 47 USC 315; 47 USC 317; 47 USC 324; 47 USC 331 and 332; 47 USC 336 Abstract: The Report and Order in this proceeding adopts service rules for licensing and auction of commercial services in spectrum in the 700 MHz E:\FR\FM\07DER20.SGM 07DER20 64549 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau band to be vacated by UHF television licensees. Timetable: Action Date NPRM 07/07/99 R&O 01/20/00 Second R&O 04/04/00 MO&O and FNPRM 07/12/00 Second MO&O 02/06/01 Third R&O 02/14/01 Second MO&O 02/15/01 Order on Recon of 10/10/01 Third R&O Third MO&O and 07/30/02 Order Second FNPRM 05/21/08 Next Action Undetermined Action FR Cite 64 FR 36686 65 FR 3139 65 FR 17594 65 FR 42879 66 FR 9035 66 FR 10204 66 FR 10374 66 FR 51594 erowe on DSK5CLS3C1PROD with RULES VerDate Nov<24>2008 Final Rule 07/15/05 70 FR 41631 Final Rule 04/18/07 72 FR 19387 Fourth MO&O 06/17/08 73 FR 34201 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes 73 FR 29582 RIN: 3060–AH33 536. COMPETITIVE BIDDING PROCEDURES Legal Authority: 47 USC 154; 47 USC 301 to 303; 47 USC 309; 47 USC 332 Abstract: This proceeding proposes resumption of installment payments for broadband Personal Communications Services (PCS), for example, for C and F Block, with payment deadline to be reinstated as of March 31, 1998. The proposal contemplates, inter alia, changes to the FCC’s C Block rules to govern re-auction of surrendered spectrum in the C Block. The proposal was released on October 16, 1997, and published in the Federal Register. Timetable: Date FR Cite 05/03/99 01/02/01 05/16/02 07/17/03 07/17/03 04/06/04 06/15/05 06/15/05 05/11/05 64 FR 23571 66 FR 33 67 FR 34848 68 FR 42337 68 FR 42296 69 FR 17959 70 FR 34666 70 FR 34726 70 FR 24712 15:17 Dec 04, 2009 FR Cite 67 FR 49244 534. IMPLEMENTATION OF THE COMMUNICATIONS ACT OF 1934 AS AMENDED Legal Authority: 47 USC 154(i); 47 USC 303(r); 47 USC 309(j) Abstract: In the Fourth Memorandum Opinion and Order in WT Docket No. 99-87 (Fourth Memorandum Opinion and Order), the Federal Communications Commission (Commission or FCC) clarifies the Commission’s Third Report and Order in this docket, and takes the opportunity to correct the inadvertent deletion of language in the rules regarding the schedule for Private Land Mobile Radio systems in the 150-174 MHz and 421-512 MHz bands to transition to narrowband kHz technology. Timetable: NPRM R&O MO&O NPRM R&O Order Final Rule NPRM Final Rule Date Agency Contact: Roberto Mussenden, Attorney Advisor, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1428 Email: roberto.mussenden@fcc.gov Regulatory Flexibility Analysis Required: Yes Agency Contact: William Huber, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2109 Fax: 202 418–0890 Email: whuber@fcc.gov RIN: 3060–AH32 Action Long-Term Actions Jkt 220001 535. AMENDMENT OF PARTS 13 AND 80 OF THE COMMISSION’S RULES GOVERNING MARITIME COMMUNICATIONS Legal Authority: 47 USC 302 to 303 Abstract: This matter concerns the amendment of the rules governing maritime communications in order to consolidate, revise and streamline the regulations as well as address new international requirements and improve the operational ability of all users of marine radios. Timetable: Action Date NPRM 03/24/00 NPRM 08/17/00 NPRM 05/17/02 Report & Order 08/07/03 Second R&O, Sixth 04/06/04 R&O, Second FNPRM Comments Due 06/07/04 Reply Comments Due 07/06/04 Second R&O and 11/08/04 Sixth R&O NPRM 11/08/06 Final Action 01/25/08 Petition for 03/18/08 Reconsideration Next Action Undetermined FR Cite 65 FR 21694 65 FR 50173 67 FR 35086 68 FR 46957 69 FR 18007 69 FR 64664 71 FR 65447 73 FR 4475 73 FR 14486 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0680 Email: jeff.tobias@fcc.gov RIN: 3060–AH55 PO 00000 Frm 00029 Fmt 1254 Sfmt 1254 Action Date Second R&O 10/24/97 FNPRM 10/24/97 Order on Recon of 04/08/98 Second R&O Fourth R&O 09/23/98 Second Order on 05/18/99 Recon of Second R&O Recon of Fourth R&O 03/16/00 FNPRM 06/13/00 Sixth R&O and Order 09/05/00 on Recon Order on Recon 02/12/01 Seventh R&O 10/29/01 Eighth R&O 04/08/02 Final Rule 07/21/03 Final Rule 10/07/03 Final Rule 09/30/05 Next Action Undetermined FR Cite 62 FR 55348 62 FR 55375 63 FR 17111 63 FR 50791 64 FR 26887 65 FR 14213 65 FR 37092 65 FR 53620 66 FR 9773 66 FR 54447 67 FR 16647 68 FR 42984 68 FR 57828 70 FR 57183 Regulatory Flexibility Analysis Required: Yes Agency Contact: Audrey Bashkin, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7535 Email: abashkin@fcc.gov RIN: 3060–AH57 537. 2000 BIENNIAL REGULATORY REVIEW SPECTRUM AGGREGATION LIMITS FOR COMMERCIAL MOBILE RADIO SERVICES Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 161; 47 USC 303(g); 47 USC 303(r) Abstract: The Commission has adopted a final rule in a proceeding reexamining the need for Commercial Mobile Radio Services spectrum aggregation limits. E:\FR\FM\07DER20.SGM 07DER20 64550 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau 66 FR 9798 67 FR 1626 67 FR 4675 Wireless Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1550 Fax: 202 418–7447 Email: paul.dari@fcc.gov RIN: 3060–AH82 Timetable: Action Date NPRM 02/12/01 NPRM Comment 05/14/01 Period End Final Rule 01/14/02 Correction to Final 01/31/02 Rule Petition for Recon 03/21/02 Next Action Undetermined FR Cite 67 FR 13183 Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael J. Rowan, Attorney–Advisor, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1883 Fax: 202 418–7447 Email: michael.rowan@fcc.gov RIN: 3060–AH81 538. IN THE MATTER OF PROMOTING EFFICIENT USE OF SPECTRUM THROUGH ELIMINATION OF BARRIERS TO THE DEVELOPMENT OF SECONDARY MARKETS Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201 and 202; 47 USC 208; 47 USC 214; 47 USC 301; 47 USC 303; 47 USC 308 to 310 Abstract: The Commission has opened a proceeding to examine actions it may take to remove unnecessary regulatory barriers to the development of more robust secondary markets in radio spectrum usage rights. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date NPRM 12/26/00 NPRM Comment 01/29/01 Period End New NPRM Comment 02/09/01 Period End NPRM 11/25/03 Final Rule 11/25/03 NPRM Comment 01/05/04 Period End Final Rule 02/12/04 Final Rule 02/25/04 Final Rule 11/15/04 Final Rule 12/27/04 NPRM 12/27/04 Final Rule 08/01/07 Final Action 01/26/09 Next Action Undetermined FR Cite 65 FR 81475 66 FR 8149 68 FR 66232 68 FR 66252 15:17 Dec 04, 2009 539. REEXAMINATION OF ROAMING OBLIGATIONS OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS Legal Authority: 47 USC 151; 47 USC 152(n); 47 USC 154(i) and 154(j); 47 USC 201(b); 47 USC 251(a); 47 USC 253; 47 USC 303(r); 47 USC 332(c)(1)(B); 47 USC 309 Abstract: This rulemaking considers whether the Commission should adopt an automatic roaming rule for Commercial Mobile Radio Services and sunset the current manual roaming requirement. Timetable: Action Date NPRM 11/21/00 NPRM 09/28/05 NPRM 01/19/06 FNPRM 08/30/07 Final Rule 08/30/07 Next Action Undetermined FR Cite 65 FR 69891 70 FR 56612 71 FR 3029 72 FR 50085 72 FR 50064 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christina Clearwater, Attorney, Federal Communications Commission, Wireless Telecom. Bureau, Auctions Division, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1893 Email: christina.clearwater@fcc.gov Won Kim, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1368 Email: won.kim@fcc.gov RIN: 3060–AH83 69 FR 6920 69 FR 8569 69 FR 65544 69 FR 77522 69 FR 77560 72 FR 41935 74 FR 4344 Regulatory Flexibility Analysis Required: Yes Agency Contact: Paul D’Ari, Spectrum and Competition Policy Division, VerDate Nov<24>2008 Long-Term Actions Jkt 220001 Timetable: Action Date FR Cite Final Rule 04/01/04 69 FR 17063 Final Rule Effective 06/01/04 Final Rule 09/15/04 69 FR 55516 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Linda Chang, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1339 Fax: 202 418–7447 Email: lchang@fcc.gov RIN: 3060–AI26 541. AIR–GROUND TELECOMMUNICATIONS SERVICES Legal Authority: 47 USC 151 and 151(i); 47 USC 161; 47 USC 303(r) Abstract: Re-examination of rules governing air-ground telecommunications services on commercial airplanes. Revision/elimination of 47 CFR 22 noncellular provisions. Timetable: Action Date NPRM 07/25/03 NPRM Comment 10/23/03 Period End Final Rule 04/13/05 NPRM 04/13/05 Final Rule Correction 04/27/05 Final Rule 12/27/05 Next Action Undetermined FR Cite 68 FR 44003 70 FR 19293 70 FR 19377 70 FR 21663 70 FR 76411 Regulatory Flexibility Analysis Required: Yes Agency Contact: Richard Arsenault, Chief Counsel, Mobility Division, WTB, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0920 Email: richard.arsenault@fcc.gov 540. YEAR 2000 BIENNIAL REVIEW (WT DOCKET NO. 01–108) RIN: 3060–AI27 Legal Authority: Not Yet Determined 542. AMENDMENTS OF VARIOUS RULES AFFECTING WIRELESS RADIO SERVICES (WT DOCKET NO. 03–264) Abstract: The year 2000 part 22 Biennial Review Report and Order and subsequent Order on Reconsideration examined whether certain rules should be modified or eliminated as a result of technological changes or increased competition. PO 00000 Frm 00030 Fmt 1254 Sfmt 1254 Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 161; 47 USC 303(r) Abstract: This rulemaking proposes to streamline and harmonize wireless radio service rules. E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau Timetable: Action Date NPRM 02/23/04 NPRM Comment 05/24/04 Period End NPRM 10/19/05 Final Rule 10/20/05 Proposed Rule 05/02/07 Final Rule 05/16/07 Final Rule 08/24/07 Final Rule 05/02/08 Next Action Undetermined FR Cite 69 FR 8132 Regulatory Flexibility Analysis Required: Yes Agency Contact: Nina Shafran, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2781 Email: nina.shafran@fcc.gov RIN: 3060–AI30 543. FACILITATING THE PROVISION OF SPECTRUM–BASED SERVICES TO RURAL AREAS Legal Authority: Not Yet Determined Abstract: This rulemaking will facilitate the provision of spectrumbased services to rural areas. Timetable: Action Date NPRM 11/12/03 NPRM Comment 01/26/04 Period End NPRM 12/15/04 Final Rule 12/15/04 Final Rule 04/27/05 Next Action Undetermined Long-Term Actions in the 800 MHz band and consolidate the 800 MHz Industrial/Land Transportation and Business Pool channels. Timetable: 70 FR 60770 70 FR 61049 72 FR 24238 72 FR 27688 72 FR 48814 73 FR 24180 FR Cite 68 FR 64050 69 FR 75174 69 FR 75144 70 FR 21652 Action Date NPRM Final Rule Proposed Rule Final Rule Final Rule Final Rule Final Rule Final Rule Notice Final Rule Notice Final Rule Proposed Rule Clarification Final Rule Final Rule; Correction Notice Final Rule; Clarification Petition for Recon FR Cite 04/05/02 08/19/02 02/10/03 11/22/04 11/22/04 02/08/05 02/08/05 04/06/05 06/15/05 09/28/05 10/26/05 12/28/05 09/21/06 06/20/07 07/20/07 09/28/07 09/28/07 10/05/07 67 FR 16351 67 FR 53754 68 FR 6687 69 FR 67823 69 FR 67853 70 FR 6750 70 FR 6761 70 FR 17327 70 FR 34764 70 FR 56583 70 FR 61823 70 FR 76704 71 FR 55149 72 FR 33914 72 FR 39756 72 FR 54847 72 FR 55208 72 FR 56923 10/01/07 72 FR 557722 Proposed Rule 11/13/07 72 FR 63869 Petition for Recon 11/14/07 72 FR 65734 Proposed Rule 03/31/08 73 FR 16822 Final Rule 06/13/08 73 FR 33728 Proposed Rule 07/13/08 73 FR 40274 Petition for Recon 07/28/08 73 FR 4375 Final Rule 11/17/08 73 FR 67794 Final Rule 02/06/09 74 FR 6235 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Paul D’Ari, Spectrum and Competition Policy Division, Wireless Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1550 Fax: 202 418–7447 Email: paul.dari@fcc.gov RIN: 3060–AI31 Agency Contact: Michael Wilhelm, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0870 Email: michael.wilhelm@fcc.gov 544. IMPROVING PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND INDUSTRIAL/LAND TRANSPORTATION AND BUSINESS CHANNELS Legal Authority: 47 USC 154(i); 47 USC 303(f); 47 USC 303(r); 47 USC 332 Abstract: The Commission seeks to improve public safety communications Legal Authority: 47 USC 154; 47 USC 303; 47 USC 307(e) VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 RIN: 3060–AI34 545. REVIEW OF PART 87 OF THE COMMISSION’S RULES CONCERNING AVIATION (WT DOCKET NO. 01–289) Abstract: This proceeding is intended to streamline, consolidate and revise our part 87 rules governing the Aviation Radio Service. The rule changes are designed to ensure these rules reflect current technological advances. PO 00000 Frm 00031 64551 Fmt 1254 Sfmt 1254 Timetable: Action Date NPRM 10/16/01 R&O and FNPRM 10/16/03 FNPRM 04/12/04 R&O 06/14/04 NPRM 12/06/06 Final Rule 12/06/06 Next Action Undetermined FR Cite 66 FR 64785 69 FR 19140 69 FR 32577 71 FR 70710 71 FR 70671 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0680 Email: jeff.tobias@fcc.gov RIN: 3060–AI35 546. IMPLEMENTATION OF THE COMMERCIAL SPECTRUM ENHANCEMENT ACT (CSEA) AND MODERNIZATION OF THE COMMISSION’S COMPETITIVE BIDDING RULES AND PROCEDURES (WT DOCKET NO. 05–211) Legal Authority: 15 USC 79; 47 USC 151; 47 USC 154(i) and (j); 47 USC 155; 47 USC 155(c); 47 USC 157; 47 USC 225; 47 USC 303(r); 47 USC 307; 47 USC 309; 47 USC 309(j); 47 USC 325(e); 47 USC 334; 47 USC 336; 47 USC 339; 47 USC 554 Abstract: This proceeding implements rules and procedures needed to comply with the recently enacted Commercial Spectrum Enhancement Act (CSEA). It establishes a mechanism for reimbursing federal agencies out of spectrum auction proceeds for the cost of relocating their operations from certain ‘‘eligible frequencies’’ that have been reallocated from Federal to nonFederal use. It also seeks to improve the Commission’s ability to achieve Congress’s directives with regard to designated entities and to ensure that, in accordance with the intent of Congress, every recipient of its designated entity benefits is an entity that uses its licenses to directly provide facilities-based telecommunications services for the benefit of the public. Timetable: Action Date NPRM Declaratory Ruling R&O FNPRM E:\FR\FM\07DER20.SGM 07DER20 FR Cite 06/14/05 06/14/05 01/24/06 02/03/06 70 FR 43372 70 FR 43322 71 FR 6214 71 FR 6992 64552 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau Action Date Second R&O 04/25/06 Order on Recon of 06/02/06 Second R&O NPRM 06/21/06 Comment Period End 09/20/06 Reply Comment 10/20/06 Period End 2nd Order and Recon 04/04/08 of 2nd R&O Next Action Undetermined FR Cite 71 FR 26245 71 FR 34272 71 FR 35594 Long-Term Actions licensing scheme for EBS in order to achieve the Commission’s goal of facilitating the development of new and innovative wireless services for the benefit of students throughout the nation. Timetable: 73 FR 18528 Action Date FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Kelly Quinn, Assistant Chief, Auctions and Spectrum Access Division, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7384 Email: kelly.quinn@fcc.gov NPRM 04/02/03 FNPRM 07/29/04 R&O 07/29/04 MO&O 04/27/06 Further NPRM 03/20/08 MO&O 03/20/08 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes RIN: 3060–AI88 547. FACILITATING THE PROVISION OF FIXED AND MOBILE BROADBAND ACCESS EDUCATIONAL AND OTHER ADVANCED SERVICES IN THE 2150–2162 AND 2500–2690 MHZ BANDS; REVIEWING OF THE SPECTRUM SHARING PLAN AMONG NON–GEOST erowe on DSK5CLS3C1PROD with RULES Legal Authority: 47 USC 154; 47 USC 301 to 303; 47 USC 307; 47 USC 309; 47 USC 332; 47 USC 336 and 337 Abstract: The Commission seeks comment on whether to assign Educational Broadband Service (EBS) spectrum in the Gulf of Mexico. It also seeks comment on how to license unassigned and available EBS spectrum. Specifically, we seek comment on whether it would be in the public interest to develop a scheme for licensing unassigned EBS spectrum that avoids mutual exclusivity; we ask whether EBS eligible entities could participate fully in a spectrum auction; we seek comment on the use of small business size standards and bidding credits for EBS if we adopt a licensing scheme that could result in mutually exclusive applications; we seek comment on the proper market size and size of spectrum blocks for new EBS licenses; and we seek comment on issuing one license to a State agency designated by the Governor to be the spectrum manager, using frequency coordinators to avoid mutually exclusive EBS applications, as well as other alternative licensing schemes. The Commission must develop a new VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 68 FR 34560 69 FR 72048 69 FR 72020 71 FR 35178 73 FR 26067 73 FR 26032 Agency Contact: John Schauble, Deputy Chief, Broadband Division, WTB, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0797 Email: john.schauble@fcc.gov RIN: 3060–AJ12 548. AMENDMENT OF THE RULES REGARDING MARITIME AUTOMATIC IDENTIFICATION SYSTEMS; WT DOCKET NO. 04–344 Legal Authority: 47 USC 154; 47 USC 302(a); 47 USC 303; 47 USC 306; 47 USC 307(e); 47 USC 332; 47 USC 154(i); 47 USC 161 Abstract: This action adopts additional measures for domestic implementation of Automatic Identification Systems (AIS), an advanced marine vessel tracking and navigation technology that can significantly enhance our nation’s homeland security as well as maritime safety. Timetable: Action Date FR Cite Final Rule 01/29/09 74 FR 5117 Final Rule Effective 03/02/09 Petition for Recon 04/03/09 74 FR 15271 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0680 Email: jeff.tobias@fcc.gov RIN: 3060–AJ16 PO 00000 Frm 00032 Fmt 1254 Sfmt 1254 549. SERVICE RULES FOR ADVANCED WIRELESS SERVICES IN THE 2155–2175 MHZ BAND Legal Authority: 47 USC 151 and 152; 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 214; 47 USC 301 Abstract: This proceeding explores the possible uses of the 2155-2175 MHz frequency band (AWS-3) to support the introduction of new advanced wireless services, including third generations as well as future generations of wireless systems. Advanced wireless systems could provide for a wide range of voice data and broadband services over a variety of mobile and fixed networks. The Notice of Proposed Rulemaking (NPRM) sought comment on what service rules should be adopted in the AWS-3 band. We requested comment on rules for licensing this spectrum in a manner that will permit it to be fully and promptly utilized to bring advanced wireless services to American consumers. Our objective is to allow for the most effective and efficient use of the spectrum in this band, while also encouraging development of robust wireless broadband services. We proposed to apply our flexible, marketoriented rules to the band in order to meet this objective. Thereafter, the Commission released a Further Notice of Proposed Rulemaking (FNPRM), seeking comment on the Commission’s proposed AWS-3 rules, which include adding 5 megahertz of spectrum (2175-80 MHz) to the AWS3 band, and requiring licensees of that spectrum to provide—using up to 25 percent of its wireless network capacity—free, two-way broadband Internet service at engineered data rates of at least 768 kbps downstream. Timetable: Action Date FR Cite NPRM 11/14/07 72 FR 64013 NPRM Comment 01/14/08 Period End FNPRM 06/25/08 73 FR 35995 FNPRM Comment 08/11/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jennifer Mock, Program Analyst, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 E:\FR\FM\07DER20.SGM 07DER20 64553 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau Phone: 202 418–1890 Email: jennifer.mock@fcc.gov Action 550. SERVICE RULES FOR ADVANCED WIRELESS SERVICES IN THE 1915–1920 MHZ, 1995–2000 MHZ, 2020–2025 MHZ, AND 2175–2180 MHZ BANDS Legal Authority: 47 USC 151 and 152; 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 214; 47 USC 301; . . . Abstract: This proceeding explores the possible uses of the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz, and 2175-2180 MHz Bands (collectively AWS-2) to support the introduction of new advanced wireless services, including third generations as well as future generations of wireless systems. Advanced wireless systems could provide for a wide range of voice data and broadband services over a variety of mobile and fixed networks. The Notice of Proposed Rulemaking (NPRM) sought comment on what service rules should be adopted in the AWS-2 band. We requested comment on rules for licensing this spectrum in a manner that will permit it to be fully and promptly utilized to bring advanced wireless services to American consumers. Our objective is to allow for the most effective and efficient use of the spectrum in this band, while also encouraging development of robust wireless broadband services. erowe on DSK5CLS3C1PROD with RULES Thereafter, the Commission released a Further Notice of Proposed Rulemaking (FNPRM), seeking comment on the Commission’s proposed rules for the 1915-1920 MHz and 1995-2000 MHz bands. In addition, the Commission proposed to add 5 megahertz of spectrum (2175-80 MHz band) to the 2155-2175 MHz band, and would require the licensee of the 2155-2180 MHz band to provide—using up to 25 percent of its wireless network capacity—free, two-way broadband Internet service at engineered data rates of at least 768 kbps downstream. Timetable: Date NPRM NPRM Comment Period End FNPRM VerDate Nov<24>2008 FR Cite 11/02/04 69 FR 63489 01/24/05 06/25/08 73 FR 35995 15:17 Dec 04, 2009 Date FR Cite FNPRM Comment 08/11/08 Period End Next Action Undetermined RIN: 3060–AJ19 Action Long-Term Actions Jkt 220001 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jennifer Mock, Program Analyst, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1890 Email: jennifer.mock@fcc.gov RIN: 3060–AJ20 transition, February 17, 2009 as well as on granting any request for equipment authorization of low power auxiliary station devices that would operate in any of the 700 MHz Band frequencies. The Commission also holds in abeyance, until the conclusion of this proceeding, any pending license applications and equipment authorization requests that involve operation of low power auxiliary devices on frequencies in the 700 MHz Band after the end of the DTV transition. Timetable: Action 551. RULES AUTHORIZING THE OPERATION OF LOW POWER AUXILIARY STATIONS IN THE 698–806 MHZ BAND, WT DOCKET NO. 08–166; PUBLIC INTEREST SPECTRUM COALITION, PETITION FOR RULEMAKING REGARDING LOW POWER AUXILIARY Legal Authority: 47 USC 151 and 152; 47 USC 154(i) and 154(j); 47 USC 301 and 302(a); 47 USC 303; 47 USC 303(r); 47 USC 304; 47 USC 307 to 309; 47 USC 316; 47 USC 332; 47 USC 336 and 337 Abstract: In the Notice of Proposed Rulemaking and Order, to facilitate the DTV transition the Commission tentatively concludes to amend its rules to make clear that the operation of low power auxiliary stations within the 700 MHz Band will no longer be permitted after the end of the DTV transition. The Commission also tentatively concludes to prohibit the manufacture, import, sale, offer for sale, or shipment of devices that operate as low power auxiliary stations in the 700 MHz Band. In addition, for those licensees that have obtained authorizations to operate low power auxiliary stations in spectrum that includes the 700 MHz Band beyond the end of the DTV transition, the Commission tentatively concludes that it will modify these licenses so as not to permit such operations in the 700 MHz Band after February 17, 2009. The Commission also seeks comment on issues raised by the Public Interest Spectrum Coalition (PISC) in its informal complaint and petition for rulemaking. The Commission also imposes a freeze on the filing of new license applications that seek to operate on any 700 MHz Band frequencies (698- 806 MHz) after the end of the DTV PO 00000 Frm 00033 Fmt 1254 Sfmt 1254 Date FR Cite NPRM 09/03/08 73 FR 51406 NPRM Comment 10/20/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: G. William Stafford, Attorney, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0563 Fax: 202 418–3956 Email: bill.stafford@fcc.gov RIN: 3060–AJ21 552. AMENDMENT OF THE COMMISSION’S RULES TO IMPROVE PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND, AND TO CONSOLIDATE THE 800 MHZ AND 900 MHZ BUSINESS AND INDUSTRIAL/LAND TRANSPORTATION POOL CHANNELS Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 303; 47 USC 309; 47 USC 332 Abstract: This action adopts rules which retains the current site-based licensing paradigm for the 900 MHz B/ILT ‘‘white space,’’ adopts interference protection rules applicable to all licensees operating in the 900 MHz B/ILT spectrum; and lifts, on a rolling basis, the freeze placed on applications for new 900 MHz B/ILT licenses in September 2004, the lift being tied to the completion of rebanding in each 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) region. Timetable: Action Date NPRM E:\FR\FM\07DER20.SGM FR Cite 03/18/05 70 FR 13143 07DER20 64554 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau Action Date FR Cite NPRM Comment 06/12/05 70 FR 23080 Period End Final Rule 12/16/08 73 FR 67794 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael Connelly, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0132 Email: michael.connelly@fcc.gov RIN: 3060–AJ22 Long-Term Actions 553. ∑ AMENDMENT OF PART 101 TO ACCOMMODATE 30 MHZ CHANNELS IN THE 6525–6875 MHZ BAND AND PROVIDE CONDITIONAL AUTHORIZATION ON CHANNELS IN THE 21.8–22.0 AND 23.0–23.2 GHZ BAND; WT DOCKET NO. 04–114 Legal Authority: 47 USC 151 and 152; 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 214; 47 USC 301 to 303; 47 USC 307 to 310; 47 USC 319; 47 USC 324; 47 USC 332 and 333 Abstract: The Commission seeks comments on modifying its rules to authorize channels with bandwidths of as much as 30 MHz in the 6525-6875 MHz band. We also propose to allow conditional authorization on additional channels in the 21.8-22.0 and 23.0-23.2 GHz bands. Timetable: Action Date Regulatory Flexibility Analysis Required: Yes Agency Contact: Jennifer Mock, Program Analyst, Wireless Telecommunications Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1890 Email: jennifer.mock@fcc.gov RIN: 3060–AJ28 Federal Communications Commission (FCC) Wireless Telecommunications Bureau 554. AMENDMENT OF THE COMMISSION’S RULES CONCERNING MARITIME COMMUNICATIONS Legal Authority: 47 USC 154; 47 USC 303 Abstract: This amendment of the Maritime Radio Service Rules is to encourage growth and improve the regulatory structure in VHF maritime communications. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date NOI/NPRM FNPRM First R&O Second FNPRM Second R&O Third R&O and MO&O MO&O Third NPRM Fourth R&O Fourth NPRM Second MO&O and Fifth R&O R&O MO&O Correcting Amendment Second R&O and Sixth R&O Final Rule MO&O, 3rd R&O, 3rd FNPRM Final Rule FR Cite 11/05/92 04/26/95 04/26/95 06/17/97 06/17/97 07/06/98 04/26/99 12/08/00 12/13/00 02/04/02 07/25/02 57 FR 57717 60 FR 35507 60 FR 34198 62 FR 37533 62 FR 40281 63 FR 40059 64 FR 26885 65 FR 76966 65 FR 77821 67 FR 5080 67 FR 48560 08/13/03 68 FR 48446 04/15/04 69 FR 19947 07/26/04 69 FR 44471 11/08/04 69 FR 64664 10/12/06 71 FR 60075 11/08/06 71 FR 65447 01/25/08 73 FR 4475 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Completed Actions Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0680 Email: jeff.tobias@fcc.gov RIN: 3060–AF14 555. 39 GHZ CHANNEL PLAN Legal Authority: 47 USC 154; 47 USC 302; 47 USC 524 Abstract: This proceeding amends the FCC’s rules to facilitate more effective use of the 39 GHz band. Timetable: Action NPRM Order Order Second NPRM R&O MO&O NPRM R&O NPRM R&O R&O R&O R&O Date FR Cite 01/26/96 02/22/96 05/01/96 01/21/98 02/06/98 08/23/99 12/20/99 01/02/01 12/21/01 03/04/02 12/03/02 08/13/03 08/13/03 61 FR 2465 61 FR 6809 61 FR 19236 63 FR 3075 63 FR 6079 64 FR 45891 64 FR 71088 66 FR 33 66 FR 65866 67 FR 9610 67 FR 71861 68 FR 48446 68 FR 48446 Regulatory Flexibility Analysis Required: Yes Agency Contact: Ken Burnley, Staff Attorney, Federal Communications Commission, Wireless PO 00000 Frm 00034 FR Cite NPRM 06/29/09 74 FR 36134 NPRM Comment 07/22/09 Period End Next Action Undetermined Fmt 1254 Sfmt 1254 Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0664 Email: kburnley@fcc.gov Jennifer Burton, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7581 Email: jennifer.burton@fcc.gov RIN: 3060–AG16 556. AMENDMENT OF THE RULES TO LICENSE FIXED SERVICES AT 24 GHZ Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 309(j) Abstract: This rulemaking proposes licensing and service rules to govern the 24 GHz band generally. Timetable: Action Date NPRM R&O Order NPRM Final Rule FR Cite 12/20/99 08/05/00 06/01/01 12/21/01 07/27/04 64 FR 71088 65 FR 59350 66 FR 29722 66 FR 65866 69 FR 44608 Regulatory Flexibility Analysis Required: Yes Agency Contact: Nese Guendelsberger, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0634 E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireless Telecommunications Bureau Completed Actions Nancy Zaczek, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street SW., Washington, DC 20554 Fax: 202 418–1186 Email: nguendel@fcc.gov Phone: 202 418–0680 Email: nzaczek@fcc.gov RIN: 3060–AH41 erowe on DSK5CLS3C1PROD with RULES Federal Communications Commission (FCC) Wireline Competition Bureau 557. IMPLEMENTATION OF THE UNIVERSAL SERVICE PORTIONS OF THE 1996 TELECOMMUNICATIONS ACT Legal Authority: 47 USC 151 et seq Abstract: The goals of Universal Service, as mandated by the 1996 Act, are to promote the availability of quality services at just, reasonable, and affordable rates; increase access to advanced telecommunications services throughout the Nation; advance the availability of such services to all consumers, including those in low income, rural, insular, and high-cost areas at rates that are reasonably comparable to those charged in urban areas. In addition, the 1996 Act states that all providers of telecommunications services should contribute to Federal universal service in some equitable and nondiscriminatory manner; there should be specific, predictable, and sufficient Federal and State mechanisms to preserve and advance universal service; all schools, classrooms, health care providers, and libraries should, generally, have access to advanced telecommunications services; and finally, that the FederalState Joint Board and the Commission should determine those other principles that, consistent with the 1996 Act, are necessary to protect the public interest. The goals of Universal Service, as mandated by the 1996 Act, are to promote the availability of quality services at just, reasonable, and affordable rates; increase access to advanced telecommunications services throughout the Nation; advance the availability of such services to all consumers, including those in low income, rural, insular, and high cost areas at rates that are reasonably comparable to those charged in urban areas. In addition, the 1996 Act states that all providers of telecommunications services should contribute to Federal universal service in some equitable and nondiscriminatory manner; there should be specific, predictable, and VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions sufficient Federal and State mechanisms to preserve and advance universal service; all schools, classrooms, health care providers, and libraries should, generally, have access to advanced telecommunications services; and finally, that the FederalState Joint Board and the Commission should determine those other principles that, consistent with the 1996 Act, are necessary to protect the public interest. On December 5, 2008, the Commission issued an Order granting the merger of two Rural Health Care (RHC) Pilot Program projects in Ohio: SOHCN and Holzer. SOHCN will assume responsibility for the projects. On December 5, 2008, the Commission issued an Order granting a request from University of Mississippi Medical Center (UMC) and As one Together for Health (ATH), participants in the RHC Pilot Program, to merge and designate UMC as ATH’s successor. On December 10, 2008, the Commission issued an Order granting proposals to modify the formulas used to calculate universal service high-cost loop support and local switching support for average schedule companies. The high-cost loop and local switching support formulas were proposed by the National Exchange Carrier Association (NECA) and the Universal Service Administrative Company (USAC), respectively. The Commission’s rules require that these formulas simulate the disbursements that would be received by a company that is representative of average schedule companies. The Commision found that the formulas proposed for 2009 are consistent with the methods approved in previous years On December 15, 2008, the Commission issued an Order dismissing as moot ten requests for waiver of actions taken by the USAC. Several Petitioners requested that the Commission waive certain filing deadlines associated with the filing of their FCC Form 499-Qs to allow them to late-file corrected forms. Because the annual true-up process for PO 00000 Frm 00035 64555 Fmt 1254 Sfmt 1254 the FCC Forms 499-Q at issue had already provided the relief sought by Petitioners, the Commission dismissed as moot Petitioners’ requests. The Commision also denied separate requests, filed by Achieve Telecom Network of Massachusetts, LLC (Achieve), Ascent Media Group (Ascent), and New Edge Network, Inc. (New Edge) for a refund of late fees, penalties and interest charges assessed, resulting from these petitioners’ late filed FCC Forms 499-Q. On December 15, 2008, the Commission issued an Order seeking comment on a petition filed by Nex-Tech Wireless, pursuant to section 54.207 of the Commission’s rules, requesting the Commission’s agreement with the decision of the Kansas Corporation Commission to redefine the service area of Home Communications, Inc. On December 15, 2008, the Commission issued an Order amending certain Eligible Telecommunications Carriers (ETC) designations granted in the Interim Cap Order. The Order amended the ETC designation of New York RSA 2 Cellular Partnership, limiting the designation to the 13 wire centers requested; granted designation to St. Lawrence Seaway Cellular Partnership in nine wire centers in the study area of Citizens Telecommunications of New York d/b/a Frontier Communications; and accepted the relinquishment of the designation of Dobson Cellular Systems Inc. and American Cellular Corp. in the state of New York. On February 26, 2009, the Commission issued an Order accepting the relinquishment of the ETC designation of RCC Minnesota in the state of New Hampshire. On March 5, 2009, the Commission issued an Order waiving, on its own motion, the limitation on the availability of uncapped high-cost universal service support for competitive ETCs serving tribal lands or Alaska Native regions (Covered Locations). Specifically, for the period in which the interim cap is in effect, E:\FR\FM\07DER20.SGM 07DER20 64556 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda erowe on DSK5CLS3C1PROD with RULES FCC—Wireline Competition Bureau the Commission waived the restriction in paragraph 33 of the Interim Cap Order limiting the availability of uncapped per line support to competitive ETCs serving Covered Locations ‘‘to one payment per each residential account.’’ On March 5, 2009, the Commission issued an Order modifying a forbearance condition imposed on TracFone prior to receiving support under the Lifeline universal service program. Specifically, TracFone must request a certification from each public safety answering point (PSAP) where it provides Lifeline service confirming that TracFone provides its customers with access to basic and enhanced 911 (E911) service; however, if, within 90 days of TracFone’s request a PSAP has not provided the certification and the PSAP has not made an affirmative finding that TracFone does not provide its customers with access to 911 and E911 service within the PSAP’s service area, TracFone may self-certify that it meets the requirements. On March 5, 2009, the Commission issued an Order conditionally granting a petition filed by Virgin Mobile seeking forbearance from the requirement that a carrier designated as an ETC provide services, at least in part, over its own facilities. The Commission also conditionally designated Virgin Mobile as an ETC for Lifeline support only in New York, Virginia, North Carolina, and Tennessee. On April 8, 2009, the Commission issued a Notice of Inquiry refreshing the record regarding the issues raised by the US Court of Appeals for the 10th Circuit in the Qwest II decision. In that decision, the 10th Circuit invalidated the Commission’s High-Cost Universal Service Support Mechanism for nonrural carriers, which determines the amount of support to be provided to each state by comparing the statewide average forward-looking cost per line for non-rural carriers to a nationwide cost benchmark. On April 10, 2009, the Commission issued an Order granting a request from TracFone Wireless, Inc. for a conditional waiver of section 54.418 of the Commission’s rules, which requires ETCs to notify their Lifeline and LinkUp customers about the DTV transition. On April 14, 2009, the Commission issued an Order granting 39 appeals and denying 31 appeals of decisions by the USAC related to requests for VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions funding under the Schools and Libraries universal service support mechanism for funding years 1999 through 2008, due to theapplicant’s failure to comply with the Commission’s 28-day competitive bidding requirement. On April 16, 2009, the Commission issued an Order granting a request from two participants in the RHC Pilot Program, the Texas Healthcare Network (THN) and the Texas Health Information Network Collaborative (THINC), to merge their respective RHC Pilot Program projects and designate THINC as the successor to THN’s RHC Pilot Program project. On April 21, 2009, the Commission issued an Order granting nine requests for waivers of various high-cost universal service support filing deadlines. On April 21, 2009, the Commission issued an Order denying three requests, filed by LBH, L.L.C; Knology of the Black Hills, LLC f/k/a PrairieWave Black Hills, LLC and USCOC of Cumberland Inc. Hardy Cellular Telephone Company for waiver of highcost universal service support filing deadlines. On April 21, 2009, the Commission issued an Order granting in part and denying in part a request filed by Xfone for waiver of high-cost universal service support filing deadlines. On April 21, 2009, the Commission issued an Order granting a request by ICORE on behalf of Northeast Iowa for a waiver of the data submission reporting deadline for local switching universal service support. On April 21, 2009, the Commission issued an Order denying a request from Centennial for a waiver of high-cost universal service support filing deadlines. On April 28, 2009, the Commission issued an Order granting a joint request filed by Qwest, Pine, and Oregon for waiver of the study area boundary freeze codified in the AppendixGlossary of Part 36 of the Commission’s rules. On May 1, 2009, the Commission issued an Order granting a petition by Verizon Wireless for a limited waiver of certain universal service FCC Form 499 revenue filing requirements. On May 4, 2009, the Commission issued a Petition for Rulemaking PO 00000 Frm 00036 Fmt 1254 Sfmt 1254 seeking comment on a petition filed by Smith Bagley for an increase to Tier four of the Universal Service LowIncome Program from $25 per month to $30 per month. On May 14, 2009, the Commission issued an Order appointing the Honorable Thomas W. Pugh, Commissioner, Minnesota Public Utilities Commission, to serve on the Federal-State Joint Board on Jurisdictional Separations. On May 15, 2009, the Commission issued a Report and Order extending until June 30, 2010, the current freeze of part 36 category relationships and jurisdictional cost allocation factors and referred review of the Commission’s jurisdictional separations rules to the Federal-State Joint Board on Separations for consideration of how the rules should be reformed. On June 8, 2009, the Commission issued an Order accepting relinquishment of Virginia Cellular’s ETC designation for the Williamsville wire center in the study area of MGW Telephone Co. in Virginia. On June 10, 2009, the Commission issued an Order denying a request filed by Centennial Communications Corp. for waiver of the September 30, 2005, June 30, 2006, and June 30, 2007, filing deadlines for universal service Interstate Access Support (IAS) set forth in section 54.802(a) of the Commission’s rules. Centennial argued that it was confused by the language in its Louisiana ETC designation order, which was granted in March 2004, and therefore did not file IAS annual certifications or line counts until February 2008. Centennial sought a waiver to permit it to receive IAS funds for the first and second quarters of 2008 and a further waiver to permit it to receive retroactive payments beginning October 1, 2005 through the end of 2007. Although the Commission denied Centennial’s request for waiver, the Commission found that the amount of IAS that Centennial would have been able to receive in March 2008 if it had not missed the filing deadlines will be included in the capped level of support available to competitive ETCs in Louisiana pursuant to the Commission’s Interim Cap Order. On June 10, 2009, the Commission issued an Order denying a request for review filed in 2005 by Centennial Michigan RSA 6 Cellular Corp. and Centennial Michigan RSA 7 Cellular E:\FR\FM\07DER20.SGM 07DER20 64557 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau Corp. (Centennial). In its request, Centennial asked the Commission to reverse a USAC decision to recover universal service high-cost support funds. The Commission found that USAC properly recovered funds that were disbursed to Centennial prior to the Commission’s approval of the redefinition of the study areas of certain rural incumbent local exchange carriers. On July 21, 2009, the Commission issued an Order addressing a request by Advantage Cellular Systems, Inc., a competitive ETC, to receive universal service high-cost support based on the own-costs exception in the Commission’s Interim Cap Order. The Commission issued a protective order for parties that wanted to review Advantage’s cost information, for which it sought confidential treatment. . On July 21, 2009, the Commission issued an Order granting Minford Local Schools request for waiver of the FCC Form 471 application filing window deadline for funding year 2008 under the Schools and Libraries Universal Service Support Mechanism consistent with the relief granted Minford in the Acorn Public Library District Order. On July 31, 2009, the Commission issued an Order granting a request from four participants in the RHC Pilot Program, North Carolina TeleHealth Network, Albemarle Health, Western Carolina University, and University Health Systems of Eastern Carolina. On July 31, 2009, the Commission issued an Order announcing that $900 million in prior unused E-rate funds will be carried forward to increase disbursements to schools and libraries in Funding Year 2009. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date Recommended Decision Federal–State Joint Board, Universal Service First R&O Second R&O Order on Recon R&O and Second Order on Recon Second R&O, and FNPRM Third R&O Second Order on Recon VerDate Nov<24>2008 FR Cite 11/08/96 61 FR 63778 05/08/97 05/08/97 07/10/97 07/18/97 62 FR 32862 62 FR 32862 62 FR 40742 62 FR 41294 08/15/97 62 FR 47404 10/14/97 62 FR 56118 11/26/97 62 FR 65036 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions Action Date Fourth Order on Recon Fifth Order on Recon Fifth R&O Eighth Order on Recon Second Recommended Decision Thirteenth Order on Recon FNPRM FNPRM Fourteenth Order on Recon Fifteenth Order on Recon Tenth R&O Ninth R&O and Eighteenth Order on Recon Nineteenth Order on Recon Twentieth Order on Recon Public Notice Twelfth R&O, MO&O and FNPRM FNPRM and Order FNPRM R&O and Order on Recon NPRM Order Fourteenth R&O and FNPRM FNPRM and Order NPRM NPRM and Order FNPRM and R&O NPRM Order and Second FNPRM NPRM Public Notice Second R&O and FNPRM Twenty–Fifth Order on Recon, R&O, Order, and FNPRM NPRM Order Order Order and Order on Recon Order on Remand, MO&O, FNPRM R&O, Order on Recon, FNPRM R&O, FNPRM R&O, FNPRM NPRM NPRM Order PO 00000 Frm 00037 FR Cite 12/30/97 62 FR 2093 06/22/98 63 FR 43088 10/28/98 63 FR 63993 11/21/98 11/25/98 63 FR 67837 06/09/99 64 FR 30917 06/14/99 64 FR 31780 09/30/99 64 FR 52738 11/16/99 64 FR 62120 11/30/99 64 FR 66778 12/01/99 64 FR 67372 12/01/99 64 FR 67416 12/30/99 64 FR 73427 05/08/00 65 FR 26513 07/18/00 65 FR 44507 08/04/00 65 FR 47883 11/09/00 65 FR 67322 01/26/01 66 FR 7867 03/14/01 66 FR 16144 05/08/01 66 FR 28718 05/22/01 66 FR 35107 05/23/01 66 FR 30080 01/25/02 02/15/02 02/15/02 02/26/02 04/19/02 12/13/02 67 FR 7327 67 FR 9232 67 FR 10846 67 FR 11254 67 FR 34653 67 FR 79543 02/25/03 68 FR 12020 02/26/03 68 FR 10724 06/20/03 68 FR 36961 07/16/03 68 FR 41996 07/17/03 07/24/03 08/06/03 08/19/03 68 FR 42333 68 FR 47453 68 FR 46500 68 FR 49707 10/27/03 68 FR 69641 11/17/03 68 FR 74492 02/26/04 04/29/04 05/14/04 06/08/04 06/28/04 Fmt 1254 69 FR 13794 69 FR 3130 69 FR 40839 69 FR 48232 Sfmt 1254 Action Date Order on Recon & 07/30/04 Fourth R&O Fifth R&O and Order 08/13/04 Order 08/26/04 Second FNPRM 09/16/04 Order & Order on 01/10/05 Recon Sixth R&O 03/14/05 R&O 03/17/05 MO&O 03/30/05 NPRM & FNPRM 06/14/05 Order 10/14/05 Order 10/27/05 NPRM 01/11/06 Report Number 2747 01/12/06 Order 02/08/06 FNPRM 03/15/06 R&O and NPRM 07/10/06 Order 01/01/06 Order 05/16/06 MO&O and FNPRM 05/16/06 R&O 06/27/06 Public Notice 08/11/06 Order 09/29/06 Public Notice 03/12/07 Public Notice 03/13/07 Public Notice 03/16/07 Notice of Inquiry 04/16/07 NPRM 05/14/07 Recommended 11/20/07 Decision Order 02/14/08 NPRM 03/04/08 NPRM 03/04/08 R&O 05/05/08 Public Notice 07/02/08 NPRM 08/19/08 Notice of Inquiry 10/14/08 Order on Remand, 11/12/08 R&O, FNPRM R&O 05/22/09 Next Action Undetermined FR Cite 69 FR 55983 69 FR 55097 69 FR 57289 69 FR 61334 70 FR 10057 70 FR 19321 70 FR 29960 70 FR 21779 70 FR 41658 70 FR 65850 71 FR 1721 71 FR 2042 71 FR 6485 71 FR 13393 71 FR 38781 71 FR 6485 71 FR 30298 71 FR 29843 71 FR 38781 71 FR 50420 71 FR 65517 72 FR 36706 72 FR 40816 72 FR 39421 72 FR 28936 73 FR 8670 73 FR 11580 73 FR 11591 73 FR 11837 73 FR 37882 73 FR 48352 73 FR 60689 73 FR 66821 74 FR 2395 Regulatory Flexibility Analysis Required: Yes Agency Contact: Nakesha Woodward, Program Support Assistant, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1502 Email: kesha.woodward@fcc.gov RIN: 3060–AF85 558. TELECOMMUNICATIONS CARRIERS’ USE OF CUSTOMER PROPRIETARY NETWORK INFORMATION AND OTHER CUSTOMER INFORMATION Legal Authority: 47 USC 151; 47 USC 154; 47 USC 222; 47 USC 272; 47 USC 303(r) E:\FR\FM\07DER20.SGM 07DER20 64558 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau Abstract: The Commission adopted rules implementing the new statutory framework governing carrier use and disclosure of customer proprietary network information (CPNI) created by section 222 of the Communications Act of 1934, as amended. CPNI includes, among other things, to whom, where, and when a customer places a call, as well as the types of service offerings to which the customer subscribes and the extent to which the service is used. Timetable: Action Date NPRM 05/28/96 Public Notice 02/25/97 Second R&O and 04/24/98 FNPRM Order on Recon 10/01/99 Final Rule, 01/26/01 Announcement of Effective Date Clarification Order and 09/07/01 Second NPRM Third R&O and Third 09/20/02 FNPRM NPRM 03/15/06 NPRM 06/08/07 Final Rule, 06/08/07 Announcement of Effective Date Next Action Undetermined FR Cite 61 FR 26483 62 FR 8414 63 FR 20364 64 FR 53242 66 FR 7865 66 FR 50140 67 FR 59205 71 FR 13317 72 FR 31782 72 FR 31948 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Melissa Kirkel, Attorney–Advisor, WCB, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7958 Email: melissa.kirkel@fcc.gov RIN: 3060–AG43 559. IMPLEMENTATION OF THE LOCAL COMPETITION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996 Legal Authority: 47 USC 151 to 155; 47 USC 157; 47 USC 201 to 205; 47 USC 207 to 209; 47 USC 218; 47 USC 251 Abstract: On August 8, 1996, the Commission adopted the Local Competition Second Report and Order (FCC 96-333), implementing the dialing parity, nondiscriminatory access, network disclosure, and numbering administration provisions of the Telecommunications Act of 1996. On July 19, 1999, the Commission released the First Order on Reconsideration (FCC 99-170), denying the petition for reconsideration of the Local VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions Competition Second Report and Order filed by Beehive Telephone Company, Inc., which related to numbering administration. On September 9, 1999, the Commission released the Second Order on Reconsideration (FCC 99-227), resolving petitions for reconsideration of rules adopted in the Local Competition Second Report and Order to implement the requirement of 47 U.S.C. section 251(b)(3) that LECs provide nondiscriminatory access to directory assistance, directory listing and operator services. At the same time, the Commission released a Notice of Proposed Rulemaking (NPRM) (also FCC 99-227) seeking comment on issues related to developments in, and the convergence of, directory publishing and directory assistance. On October 21, 1999, the Commission released the Third Order on Reconsideration (FCC 99-243), resolving the remaining petitions for reconsideration regarding numbering administration under 47 U.S.C. section 251(e)(1). On January 23, 2001, the Commission released a First Report and Order (FCC 01-27) resolving issues raised in the September 9, 1999 NPRM and concluding, among other things, that competing directory assistance (DA) providers that are certified as competitive local exchange carriers (competitive LECs), are agents of competitive LECs, or that offer call completion services are entitled to nondiscriminatory access to LEC local DA databases. On January 9, 2002, the Commission released the Directory Assistance NPRM (FCC 01-384), in which the Commission solicited comment on whether there is sufficient competition in the retail DA market, and if not, what if any action the Commission should take to promote such competition. The Commission sought specific comment on whether alternative dialing methods would promote competition. Proposed methods include: (1) Presubscription to 411; (2) utilizing national 555 numbers; (3) utilizing carrier access codes (1010 numbers); and (4) utilizing 411XX numbers. The Commission also sought comment on whether the 411 dialing code should be eliminated. This proceeding is pending before the Commission.On January 29, 2002, the Commission released an Order on Reconsideration (FCC02-11) dismissing PO 00000 Frm 00038 Fmt 1254 Sfmt 1254 petitions for reconsideration or clarification of the Local Competition Second Report and Order regarding dialing parity under 47 U.S.C. section 251(b)(3) and network disclosure under 47 U.S.C. section 251(c)(5). On May 3, 2005, the Commission released an Order on Reconsideration (FCC 05-93) resolving petitions for reconsideration of the Second Order on Reconsideration and the First Report and Order. The Commission clarified its rules regarding the use of DA data obtained pursuant to section 251(b)(3) of the Act, and denied BellSouth and SBC’s joint petition for reconsideration which sought authority to place contractual restrictions on competing DA providers’ use of DA information. The Commission reaffirmed that LECs are required to provide nondiscriminatory access to their entire local DA database including local DA data acquired from third parties. The Commission also accepted Qwest’s request to withdraw its petition for reconsideration of the First Report and Order, and resolved SBC’s petition for reconsideration of the Second Order on Reconsideration. Timetable: Action Date NPRM 04/25/96 NPRM Reply 06/03/96 Comment Period End Second R&O 09/06/96 Second Order on 09/27/99 Recon NPRM 09/27/99 Third Order on Recon 11/18/99 First R&O 02/21/01 NPRM 02/14/02 Order on Recon 08/17/05 Next Action Undetermined FR Cite 61 FR 18311 61 FR 47284 64 FR 51910 64 FR 51949 64 FR 62983 66 FR 10965 67 FR 6902 70 FR 48290 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rodney McDonald, Attorney–Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7513 Email: rodney.mcdonald@fcc.gov RIN: 3060–AG50 560. LOCAL TELEPHONE NETWORKS THAT LECS MUST MAKE AVAILABLE TO COMPETITORS Legal Authority: 47 USC 251 E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau Abstract: This revises the rules applicable to incumbent local exchange carriers (LECs) to permit competitive carriers to access portions of the incumbent LECs’ networks on an unbundled basis. Unbundling allows competitors to lease portions of the incumbent LECs’ network to provide telecommunications services. These rule changes are intended to remove uncertainty regarding the incumbent LECs’ unbundling obligations under the Telecommunications Act of 1996 and are expected to accelerate the development of local exchange competition. On December 20, 2001, the Commission issued a Notice of Proposed Rulemaking to comprehensively consider the appropriate changes, if any, to its unbundling policies in light of market developments and technological advances. 67 FR 1947. On May 29, 2002, the Commission extended the reply comment date of the Notice of Proposed Rulemaking to July 17, 2002, to allow all interested parties to incorporate their review and analysis of USTA v. FCC, 290 F.3d 415 (D.C. Cir. 2002). On August 21, 2003, the Commission issued a Report and Order, Order on Remand, and Further Notice of Proposed Rulemaking, in which the Commission adopted new unbundling requirements. 68 FR 52276. erowe on DSK5CLS3C1PROD with RULES In addition, the Commission initiated a Notice of Proposed Rulemaking regarding whether the Commission should modify the so-called pick-andchoose rule that permits requesting carriers to opt into individual portions of interconnection agreements without accepting all the terms and conditions of such agreements. 68 FR 52307. On September 17, 2003, the Commission issued an Errata correcting the Report and Order and Order on Remand. On October 9, 2003, the Commission issued a Report seeking comment on ten petitions for clarification and/or reconsideration of the Report and Order and Order on Remand released on August 21, 2003. 68 FR 60391. By Order, the Commission denied a request to extend the comment period for petitions for clarification and/or reconsideration.On March 2, 2004, the Commission’s August 21, 2003 Report and Order and Order on Remand was affirmed in part and vacated and remanded in part. VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 64559 Long-Term Actions USTA v. FCC, 359 F.3d 554 (D.C. Cir. 2004). On July 13, 2004, the Commission’s Second Report and Order concluded the rulemaking proceeding initiated regarding the so-called pick-and-choose rule and determined that an all-ornothing rule for opting into other interconnection agreements will better promote increased give and take negotiations. 69 FR 43762. On August 9, 2004, the Commission released an Order on Reconsideration addressing in part two petitions for reconsideration of the Commission’s fiber-to-the-premises unbundling rules. 69 FR 54589. The Commission clarified in this Order on Reconsideration the applicability of the fiber-to-thepremises rules in multi-dwelling unit buildings. On August 20, 2004, the Commission issued an Interim Order and Notice of Proposed Rulemaking establishing a new rulemaking proceeding to determine incumbent LEC unbundling obligations as well as establishing interim requirements to govern carrier relationships until the Commission concludes its rulemaking process. 69 FR 55111, 55128. On October 18, 2004, the Commission released and Order on Reconsideration concluding that fiber-to-the-curb (FTTC) loops shall be subject to the same unbundling framework that the Commission established for fiber-to-thehome (FTTH) loops. 69 FR 77950. On February 4, 2005, the Commission released an Order on Remand, 70 FR 8940, responding to the D.C. Circuit’s remand of certain parts of the Triennial Review Order, including several aspects of the impairment standard as well as new determinations regarding unbundling requirements for local circuit switching, high-capacity loops, and dedicated transport. Specifically, the Commission determined that incumbent LECs have no obligation to unbundle local circuit switching and adopted a 12-monthplan to transition existing customers of unbundled switching to other arrangements. Regarding high-capacity loops, the Commission determined that competing carriers are not impaired (thus, are not entitled to access as UNEs) dark fiber loop circuits. Competing carriers are, however, impaired without access to DS1 and DS3 loops, except in wire centers that meet specific business lines and fiber-based collocation thresholds. PO 00000 Frm 00039 Fmt 1254 Sfmt 1254 Similarly, with respect to dedicated transport, the Commission determined that competing carriers are impaired without access to DS1, DS3 and dark fiber transport, except on routes connecting a pair of wire centers, each containing a specified number of business lines or a specified number of fiber-based collocators. On March 14, 2005, the Commission’s Wireline Competition Bureau issued an order denying a petition filed by Verizon seeking a stay of the Commission’s rule allowing competitive LECs to ‘‘convert’’ tariffed incumbent LEC special access arrangements to unbundled network element (UNE) arrangements if the competitive LEC is eligible to order the UNE(s) at issue. On April 25, 2005, and May 25, 2005, the Commission issued Public Notices establishing comment periods in response to petitions for reconsideration of the Commission’s Order on Remand (Triennial Review Order). On June 16, 2006, the United States Court of Appeals for the District of Columbia Circuit upheld the Commission’s Order on Remand, 70 FR 8940. Timetable: Action Date Second FNPRM Fourth FNPRM Errata Third R&O and Fourth FNPRM Second Errata Third R&O and Fourth FNPRM Supplemental Order Third R&O Correction Supplemental Order Clarification Public Notice Public Notice Public Notice Public Notice Public Notice NPRM Public Notice Public Notice Public Notice NPRM R&O and Order on Remand Errata Report Order Order Public Notice E:\FR\FM\07DER20.SGM 07DER20 FR Cite 04/26/99 64 FR 20238 01/14/00 65 FR 2367 01/18/00 65 FR 2542 01/18/00 65 FR 2542 01/18/00 01/18/00 04/11/00 06/20/00 65 FR 2542 65 FR 2542 65 FR 19334 65 FR 38214 02/01/01 03/05/01 04/10/01 04/23/01 05/14/01 01/15/02 05/29/02 08/01/02 08/13/02 08/21/03 08/21/03 66 FR 8555 66 FR 18279 67 FR 1947 68 FR 52276 68 FR 52276 09/17/03 10/09/03 68 FR 60391 10/28/03 01/09/04 01/09/04 64560 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau Action Date Public Notice 02/18/04 Order 07/08/04 Second R&O 07/08/04 Order on Recon 08/09/04 Interim Order 08/20/04 NPRM 08/20/04 Public Notice 09/10/04 Public Notice 09/13/04 Public Notice 10/20/04 Order on Recon 12/29/04 Order on Remand 02/04/04 Public Notice 04/25/05 Public Notice 05/25/05 Next Action Undetermined FR Cite 69 FR 43762 69 FR 54589 69 FR 55111 69 FR 55128 69 FR 77950 70 FR 29313 70 FR 34765 Regulatory Flexibility Analysis Required: Yes Agency Contact: Tim Stelzig, Associate Chief, Competition Policy Division, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0942 Email: tim.stelzig@fcc.gov RIN: 3060–AH44 561. 2000 BIENNIAL REGULATORY REVIEW—TELECOMMUNICATIONS SERVICE QUALITY REPORTING REQUIREMENTS Legal Authority: 47 USC 154(i) and 154(j); 47 USC 201(b); 47 USC 303(r); 47 USC 403 Abstract: This NPRM proposes to eliminate our current service quality reports (ARMIS Report 43-05 and 4306) and replace them with a more consumer-oriented report. The NPRM proposes to reduce the reporting categories from more than 30 to 6, and addresses the needs of carriers, consumers, state public utility commissions, and other interested parties. Timetable: Action Date FR Cite erowe on DSK5CLS3C1PROD with RULES NPRM 12/04/00 65 FR 75657 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Jeremy Miller, Attorney Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1507 Fax: 202 418–1413 Email: jeremy.miller@fcc.gov RIN: 3060–AH72 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions 562. ACCESS CHARGE REFORM AND UNIVERSAL SERVICE REFORM Legal Authority: 47 USC 151; 47 USC 154(i) and 154(j); 47 USC 201 to 205; 47 USC 254; 47 USC 403 Abstract: On October 11, 2001, the Commission adopted an Order reforming the interstate access charge and universal service support system for rate-of-return incumbent carriers. The Order adopts three principal reforms. First, the Order modifies the interstate access rate structure for small carriers to align it more closely with the manner in which costs are incurred. Second, the Order removes implicit support for universal service from the rate structure and replaces it with explicit, portable support. Third, the Order permits small carriers to continue to set rates based on the authorized rate of return of 11.25 percent. The Order became effective on January 1, 2002, and the support mechanism established by the Order was implemented beginning July 1, 2002. The Commission also adopted a Further Notice of Proposed Rulemaking (FNPRM) seeking additional comment on proposals for incentive regulation, increased pricing flexibility for rate-ofreturn carriers, and proposed changes to the Commission’s ‘‘all-or-nothing’’ rule. Comments on the FNPRM were due on February 14, 2002, and reply comments on March 18, 2002. On February 12, 2004, the Commission adopted a Second Report and Order resolving several issues on which the Commission sought comment in the FNPRM. First, the Commission modified the ‘‘all-or-nothing’’ rule to permit rate-of-return carriers to bring recently acquired price cap lines back to rate-of-return regulation. Second, the Commission granted rate-of-return carriers the authority immediately to provide geographically deaveraged transport and special access rates, subject to certain limitations. Third, the Commission merged Long Term Support (LTS) with Interstate Common Line Support (ICLS). The Commission also adopted a Second FNPRM seeking comment on two specific plans that propose establishing optional alternative regulation mechanisms for rate-of-return carriers. In conjunction with the consideration of those alternative regulation proposals, the Commission sought comment on modification that would PO 00000 Frm 00040 Fmt 1254 Sfmt 1254 permit a rate-of-return carrier to adopt an alternative regulation plan for some study areas, while retaining rate-ofreturn regulation for other of its study areas. Comments on the Second FNPRM were due on April 23, 2004, and May 10, 2004. Timetable: Action Date NPRM 01/25/01 FNPRM 11/30/01 R&O 11/30/01 Second FNPRM 03/23/04 Order 05/06/04 Next Action Undetermined FR Cite 66 FR 7725 66 FR 59761 66 FR 59719 69 FR 13794 69 FR 25325 Regulatory Flexibility Analysis Required: Yes Agency Contact: Douglas Slotten, Attorney–Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1572 Email: douglas.slotten@fcc.gov RIN: 3060–AH74 563. NUMBERING RESOURCE OPTIMIZATION Legal Authority: 47 USC 151; 47 USC 154; 47 USC 201 et seq; 47 USC 251(e) Abstract: In 1999, the Commission released the Numbering Resource Optimization Notice of Proposed Rulemaking (Notice) in CC Docket 99200. The Notice examined and sought comment on several administrative and technical measures aimed at improving the efficiency with which telecommunications numbering resources are used and allocated. It incorporated input from the North American Numbering Council (NANC), a Federal advisory committee, which advises the Commission on issues related to number administration.In the Numbering Resource Optimization First Report and Order and Further Notice of Proposed Rulemaking (NRO First Report and Order), released on March 31, 2000, the Commission adopted a mandatory utilization data reporting requirement, a uniform set of categories of numbers for which carriers must report their utilization, and a utilization threshold framework to increase carrier accountability and incentives to use numbers efficiently. In addition, the Commission adopted a single system for allocating numbers in blocks of one thousand, rather than ten thousand, wherever possible, and established a E:\FR\FM\07DER20.SGM 07DER20 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda erowe on DSK5CLS3C1PROD with RULES FCC—Wireline Competition Bureau plan for national rollout of thousandsblock number pooling. The Commission also adopted numbering resource reclamation requirements to ensure that unused numbers are returned to the North American Numbering Plan (NANP) inventory for assignment to other carriers. Also, to encourage better management of numbering resources, carriers are required, to the extent possible, to first assign numbering resources within thousands blocks (a form of sequential numbering). In the NRO Second Report and Order, the Commission adopted a measure that requires all carriers to use at least 60 percent of their numbering resources before they may get additional numbers in a particular area. That 60 percent utilization threshold increases to 75 percent over the next three years. The Commission also established a five-year term for the national Pooling Administrator and an auditing program to verify carrier compliance with the Commission’s rules. Furthermore, the Commission addressed several issues raised in the Notice, concerning area code relief. Specifically, the Commission declined to amend the existing Federal rules for area code relief or specify any new Federal guidelines for the implementation of area code relief. The Commission also declined to state a preference for either all-services overlays or geographic splits as a method of area code relief. Regarding mandatory nationwide tendigit dialing, the Commission declined to adopt this measure at the present time. Furthermore, the Commission declined to mandate nationwide expansion of the ‘‘D digit’’ (the ‘‘N’’ of an NXX or central office code) to include 0 or 1, or to grant state commissions the authority to implement the expansion of the D digit as a numbering resource optimization measure at the present time. In the NRO Third Report and Order, the Commission addressed national thousands-block number pooling administration issues, including declining to alter the implementation date for covered CMRS carriers to participate in pooling. The Commission also addressed Federal cost recovery for national thousands-block number pooling, and continued to require States to establish cost recovery mechanisms for costs incurred by carriers participating in pooling trials. The Commission reaffirmed the Months-To-Exhaust (MTE) requirement VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 64561 Long-Term Actions for carriers. The Commission declined to lower the utilization threshold established in the Second Report and Order, and declined to exempt pooling carriers from the utilization threshold. The Commission also established a safety valve mechanism to allow carriers that do not meet the utilization threshold in a given rate center to obtain additional numbering resources. In the NRO Third Report and Order, the Commission lifted the ban on technology-specific overlays (TSOs), and delegated authority to the Common Carrier Bureau, in consultation with the Wireless Telecommunications Bureau, to resolve any such petitions. Furthermore, the Commission found that carriers who violate our numbering requirements, or fail to cooperate with an auditor conducting either a ‘‘for cause’’ or random audit, should be denied numbering resources in certain instances. The Commission also reaffirmed the 180-day reservation period, declined to impose fees to extend the reservation period, and found that State commissions should be allowed password-protected access to the NANPA database for data pertaining to NPAs located within their State. The measures adopted in the NRO orders will allow the Commission to monitor more closely the way numbering resources are used within the NANP, and will promote more efficient allocation and use of NANP resources by tying a carrier’s ability to obtain numbering resources more closely to its actual need for numbers to serve its customers. These measures are designed to create national standards to optimize the use of numbering resources by: (1) Minimizing the negative impact on consumers of premature area code exhausts; (2) ensuring sufficient access to numbering resources for all service providers to enter into or to compete in telecommunications markets; (3) avoiding premature exhaust of the NANP; (4) extending the life of the NANP; (5) imposing the least societal cost possible, and ensuring competitive neutrality, while obtaining the highest benefit; (6) ensuring that no class of carrier or consumer is unduly favored or disfavored by the Commission’s optimization efforts; and (7) minimizing the incentives for carriers to build and carry excessively large inventories of numbers. PO 00000 Frm 00041 Fmt 1254 Sfmt 1254 In NRO Third Order on Recon in CC Docket No. 99-200, Third Further Notice of Proposed Rulemaking in CC Docket No. 99-200 and Second Further Notice of Proposed Rulemaking in CC Docket No, 95-116, the Commission reconsidered its findings in the NRO Third Report and Order regarding the local Number portability (LNP) and thousands-block number pooling requirements for carriers in the top 100 Metropolitan Statistical areas (MSAs). Specifically, the Commission reversed its clarification that those requirements extend to all carriers in the largest 100 MSAs, regardless of whether they have received a request from another carrier to provide LNP. The Commission also sought comment on whether the Commission should again extend the LNP requirements to all carriers in the largest 100 MSAs, regardless of whether they receive a request to provide LNP. The Commission also sought comment on whether all carriers in the top 100 MSAs should be required to participate in thousands-block number pooling, regardless of whether they are required to be LNP capable. In addition, the Commission sought comment on whether all MSAs included in Combined Metropolitan Statistical Areas (CMSAs) on the Census Bureau’s list of the largest 100 MSAs should be included on the Commission’s list of the top 100 MSAs. In the NRO Fourth Report and Order and Further Notice of Proposed Rulemaking, the Commission reaffirmed that carriers must deploy LNP in switches within the 100 largest Metropolitan Statistical Areas (MSAs) for which another carrier has made a specific request for the provision of LNP. The Commission delegated the authority to state commissions to require carriers operating within the largest 100 MSAs that have not received a specific request for LNP from another carrier to provide LNP, under certain circumstances and on a case-by-case basis. The Commission concluded that all carriers, except those specifically exempted, are required to participate in thousands-block number pooling in accordance with the national rollout schedule, regardless of whether they are required to provide LNP, including commercial mobile radio service (CMRS) providers that were required to deploy LNP as of November 24, 2003. The Commission specifically exempted from the pooling requirement rural telephone companies and Tier III E:\FR\FM\07DER20.SGM 07DER20 64562 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau CMRS providers that have not received a request to provide LNP. The Commission also exempted from the pooling requirement carriers that are the only service provider receiving numbering resources in a given rate center. Additionally, the Commission sought further comment on whether these exemptions should be expanded to include carriers where there are only two service providers receiving numbering resources in the rate center. Finally, the Commission reaffirmed that the 100 largest MSAs identified in the 1990 U.S. Census reports as well as those areas included on any subsequent U.S. Census report of the 100 largest MSAs. In the NRO Order and Fifth Further Notice of Proposed Rulemaking, the Commission granted petitions for delegated authority to implement mandatory thousands-block pooling filed by the Public Service Commission of West Virginia, the Nebraska Public Service Commission, the Oklahoma Corporation Commission, the Michigan Public Service Commission, and the Missouri Public Service Commission. In granting these petitions, the Commission permitted these states to optimize numbering resources and further extend the life of the specific numbering plan areas. In the Further Notice of Proposed Rulemaking, the Commission sought comment on whether it should delegate authority to all states to implement mandatory thousands-block number pooling consistent with the parameters set forth in the NRO Order. Timetable: erowe on DSK5CLS3C1PROD with RULES Action Date NPRM 06/17/99 R&O and FNPRM 06/16/00 Second R&O and 02/08/01 Second FNPRM Third R&O and 02/12/02 Second Order on Recon Third O on Recon and 04/05/02 Third FNPRM Fourth R&O and 07/21/03 Fourth NPRM Order and Fifth 03/15/06 FNPRM Next Action Undetermined FR Cite RIN: 3060–AH80 564. NATIONAL EXCHANGE CARRIER ASSOCIATION PETITION Legal Authority: 47 USC 151 and 152; 47 USC 201 and 202; . . . Abstract: In a Notice of Proposed Rulemaking (NPRM) released on July 19, 2004, the Commission initiated a rulemaking proceeding to examine the proper number of end user common line charges (commonly referred to as subscriber line charges or SLCs) that carriers may assess upon customers that obtain derived channel T-1 service where the customer provides the terminating channelization equipment and upon customers that obtain Primary Rate Interface (PRI) Integrated Service Digital Network (ISDN) service. Timetable: Action Date FR Cite NPRM 08/13/04 69 FR 50141 NPRM Comment 11/12/04 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Douglas Slotten, Attorney–Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1572 Email: douglas.slotten@fcc.gov RIN: 3060–AI47 565. IP–ENABLED SERVICES 67 FR 643 Legal Authority: 47 USC 151 and 152; ... 67 FR 16347 68 FR 43003 71 FR 13393 Agency Contact: Marilyn Jones, Attorney, Federal Communications Commission, Wireline Competition 15:17 Dec 04, 2009 Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2357 Fax: 202 418–2345 Email: marilyn.jones@fcc.gov 64 FR 32471 65 FR 37703 66 FR 9528 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 Long-Term Actions Jkt 220001 Abstract: The notice seeks comment on ways in which the Commission might categorize IP-enabled services for purposes of evaluating the need for applying any particular regulatory requirements. It poses questions regarding the proper allocation of jurisdiction over each category of IPenabled service. The notice then requests comment on whether the services comprising each category constitute ‘‘telecommunications services’’ or ‘‘information services’’ under the definitions set forth in the PO 00000 Frm 00042 Fmt 1254 Sfmt 1254 Act. Finally, noting the Commission’s statutory forbearance authority and title I ancillary jurisdiction, the notice describes a number of central regulatory requirements (including, for example, those relating to access charges, universal service, E911, and disability accessibility), and asks which, if any, should apply to each category of IP-enabled services. On June 16, 2005, the Commission published in the Federal Register notice that public information collections set forth in the First Report and Order were being submitted for review to the office of management and budget. On July 27, 2005, the Commission published in the Federal Register notice that the information collection requirements adopted in the First Report and Order were approved in OMB No. 3060-1085 and would become effective on July 29, 2005. On August 31, 2005, the Commission published in the Federal Register notice of the comment cycle for three Petitions for Reconsideration and/or Clarification of the First Report and Order.On July 10, 2006, the Commission published in the Federal Register notice that it had adopted on June 21, 2006, rules that make interim modifications to the existing approach for assessing contributions to the Federal universal service fund (USF or Fund) in order to provide stability while the Commission continues to examine more fundamental reform. On June 8, 2007, the Commission published in the Federal Register notice that it had adopted on April 2, 2007, an item strengthening the Commission’s rules to protect the privacy of customer proprietary network information (CPNI) that is collected and held by providers of communications services, and a further notice of proposed rulemaking seeking comment on what steps the Commission should take, if any, to secure further the privacy of customer information. On August 6, 2007, the Commission published in the Federal Register notice that it had adopted on May 31, 2007, and item extending the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended, to providers of ‘‘interconnected voice over Internet Protocol (VoIP) services,’’ as defined by the Commission, and to manufacturers E:\FR\FM\07DER20.SGM 07DER20 64563 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau of specially designed equipment used to provide those services. In addition, the Commission extended the Telecommunications Relay Services (TRS) requirements contained in its regulations to interconnected VoIP providers. On August 7, 2007, the Commission published in the Federal Register a notice that a petition for reconsideration of the CPNI order described above had been filed. On August 16, 2007, the Commission published in the Federal Register notice that it had adopted on August 2, 2007, an item amending the Commission’s Schedule of Regulatory Fees by, inter alia, incorporating regulatory fee payment obligations for interconnected VoIP service providers, which shall become effective November 15, 2007, which is 90 days from date of notification to Congress. On November 1, 2007, the Commission gave notice that it granted in part, denied in part, and sought comment on petitions filed by the Voice on the Net Coalition, the United States Telecom Association, and Hamilton Telephone Company seeking a stay or waiver of certain aspects of the Commission’s VoIP Telecommunications Relay Services (TRS) Order (72 FR 61813; 72 FR 61882). On December 13, 2007, the Commission announced the effective date of its revised CPNI rules (72 FR 70808). erowe on DSK5CLS3C1PROD with RULES On December 6, 2007, OMB approved the public information collection pursuant to the Paperwork Reduction Act of 1995 for the Commission’s CPNI rules (72 FR 72358). On February 21, 2008, the Commission published in the Federal Register notice that the Commission adopted rules extending local number portability obligations and numbering administration support obligations to interconnected VoIP services. The Commission also explained it had responded to the District of Columbia Circuit Court of Appeals stay of the Commission’s Intermodal Number Portability Order by publishing a Final Regulatory Flexibility Act (73 FR 9463; R&O 02/21/2008). On February 21, 2008, the Commission published in the Federal Register notice that it sought comment on other changes to its LNP and numbering related rules, including whether to VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Long-Term Actions extend such rules to interconnected VoIP providers (73 FR 9507). 566. CONSUMER PROTECTION IN THE BROADBAND ERA On August 6, 2007, the Commission published in the Federal Register notice that it had extended Telecommunications Relay Services (TRS) regulations to interconnected VoIP providers and extended certain disability access requirements to interconnected VoIP providers and to manufacturers of specially designed equipment used to provide such service (72 FR 43546). Legal Authority: 47 USC 151 to 154; 47 USC 160; 47 USC 201 to 205; 47 USC 214; 47 USC 222; 47 USC 225; 47 USC 251 and 252; 47 USC 254 to 256; 47 USC 258; 47 USC 303(R) On May 15, 2008, the Commission’s Consumer and Governmental Affairs Bureau published in the Federal Register notice that it had granted interconnected VoIP providers an extension of time to route 711-dialed calls to an appropriate telecommunications relay service (TRS) center in certain circumstances (73 FR 28057). Timetable: Action Date NPRM 03/29/04 NPRM Comment 07/14/04 Period End First R&O 06/03/05 Public Notice 06/16/05 First R&O Effective 07/29/05 Public Notice 08/31/05 R&O 07/10/06 R&O and FNPRM 06/08/07 FNPRM Comment 07/09/07 Period End R&O 08/06/07 Public Notice 08/07/07 R&O 08/16/07 Public Notice 11/01/07 Public Notice 11/01/07 Public Notice 12/13/07 Public Notice 12/20/07 R&O 02/21/08 NPRM 02/21/08 Order 05/15/08 Order 07/29/09 R&O 08/07/09 Next Action Undetermined FR Cite 69 FR 16193 70 FR 37273 70 FR 37403 70 FR 43323 70 FR 51815 71 FR 38781 72 FR 31948 72 FR 31782 72 FR 43546 72 FR 44136 72 FR 45908 72 FR 61813 72 FR 61882 72 FR 70808 72 FR 72358 73 FR 9463 73 FR 9507 73 FR 28057 74 FR 37624 74 FR 39551 Regulatory Flexibility Analysis Required: Yes Agency Contact: Tim Stelzig, Associate Chief, Competition Policy Division, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–0942 Email: tim.stelzig@fcc.gov Frm 00043 Fmt 1254 Timetable: Action Date Sfmt 1254 FR Cite NPRM 10/17/05 70 FR 60259 NPRM Comment 03/01/06 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: William Kehoe, Senior Counsel for Convergence, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1580 Fax: 202 418–1413 Email: william.kehoe@fcc.gov RIN: 3060–AI73 RIN: 3060–AI48 PO 00000 Abstract: The Federal Communications Commission initiated this rulemaking in order to develop a framework that ensures that, as the telecommunications industry shifts from narrowband to broadband services, consumer protection needs are met by all providers of broadband Internet access service, regardless of the underlying technology providers use to offer the service. The Commission sought comment on whether adopting regulations, pursuant to its ancillary jurisdiction under Title I of the Communications Act, to address consumer privacy, unauthorized changes to service, truth-in-billing, network outage reporting, discontinuance of service, rate averaging, and enforcement concerns, would be desirable and necessary as a matter of public policy. The Commission also sought comment on whether it should instead rely on market forces to address some or all of these areas of potential concern. The rulemaking also explores whether there are other areas of consumer protection related to wireline broadband Internet access service for which the Commission should adopt regulations pursuant to its ancillary jurisdiction. E:\FR\FM\07DER20.SGM 07DER20 64564 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda FCC—Wireline Competition Bureau Long-Term Actions 567. ESTABLISHING JUST AND REASONABLE RATES FOR LOCAL EXCHANGE CARRIERS (WC DOCKET NO. 07–135) Email: douglas.slotten@fcc.gov Legal Authority: Not Yet Determined 568. JURISDICTIONAL SEPARATIONS Abstract: The Federal Communications Commission (Commission) is examining whether its existing rules governing the setting of tariffed rates by local exchange carriers (LECs) provide incentives and opportunities for carriers to increase access demand endogenously with the result that the tariff rates are no longer just and reasonable. The Commission tentatively concluded that it must revise its tariff rules so that it can be confident that tariffed rates remain just and reasonable even if a carrier experiences or induces significant increases in access demand. The Commission seeks comment on the types of activities that are causing the increases in interstate access demand and the effects of such demand increases on the cost structures of LECs. The Commission also seeks comment on several means of ensuring just and reasonable rates going forward. The NPRM invites comment on potential traffic stimulation by rate-ofreturn LECs, price cap LECs, and competitive LECs, as well as other forms of intercarrier traffic stimulation. Comments were received on December 17, 2007, and reply comments were received on January 16, 2008. Legal Authority: 47 USC 151; 47 USC 154(i) and 154(j); 47 USC 205; 47 USC 221(c); 47 USC 254; 47 USC 403; 47 USC 410 Timetable: Action Date FR Cite NPRM 11/15/07 72 FR 64179 NPRM Comment 12/17/07 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes erowe on DSK5CLS3C1PROD with RULES Agency Contact: Douglas Slotten, Attorney–Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–1572 VerDate Nov<24>2008 15:17 Dec 04, 2009 Jkt 220001 Regulatory Flexibility Analysis Required: Yes RIN: 3060–AJ02 Abstract: Jurisdictional separations is the process, pursuant to part 36 of the Commission’s rules, by which incumbent local exchange carriers apportion regulated costs between the intrastate and interstate jurisdictions. In 1997, the Commission initiated a proceeding seeking comment on the extent to which legislative changes, technological changes, and market changes warrant comprehensive reform of the separations process. In 2001, the Commission adopted the Federal-State Joint Board on Jurisdictional Separations’ recommendation to impose an interim freeze of the part 36 category relationships and jurisdictional cost allocation factors for a period of five years, pending comprehensive reform of the part 36 separations rules. In 2006, the Commission adopted an Order and Further Notice of Proposed Rulemaking, which extended the separations freeze for a period of three years and sought comment on comprehensive reform. In 2009, the Commission adopted a Report and Order extending the separations process an additional year to June, 2010. Timetable: Action Date NPRM 11/05/97 NPRM Comment 12/10/97 Period End Order 06/21/01 Order and FNPRM 05/26/06 Order and FNPRM 08/22/06 Comment Period End Report and Order 05/15/09 Next Action Undetermined PO 00000 Frm 00044 Fmt 1254 FR Cite 62 FR 59842 Agency Contact: Ted Burmeister, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–7389 Email: theodore.burmeister@fcc.gov RIN: 3060–AJ06 569. IMPLEMENTATION OF NET 911 IMPROVEMENT ACT Legal Authority: PL 110–283 Abstract: On July 23, 2008, the New and Emerging Technologies Act was enacted. On August 25, 2008, the Commission released an NPRM seeking comment on implementing the NET 911 Improvement Act. Timetable: Action Date FR Cite NPRM 08/28/08 73 FR 50741 NPRM Comment 09/09/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: R. Matthew Warner, Attorney Advisor, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418–2419 Email: matthew.warner@fcc.gov RIN: 3060–AJ09 [FR Doc. E9–28607 Filed 12–04–09; 8:45 am] 66 FR 33202 71 FR 29882 BILLING CODE 6712–01–S 74 FR 23955 Sfmt 1254 E:\FR\FM\07DER20.SGM 07DER20

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64521-64564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28607]


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Part XVII





Federal Communications Commission





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Semiannual Regulatory Agenda

[[Page 64522]]



FEDERAL COMMUNICATIONS COMMISSION (FCC)






_______________________________________________________________________

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Ch. I

Unified Agenda of Federal Regulatory and Deregulatory Actions--Fall 
2009

AGENCY: Federal Communications Commission.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: Twice a year, in spring and fall, the Commission publishes in 
the Federal Register a list in the Unified Agenda of those major items 
and other significant proceedings under development or review that 
pertain to the Regulatory Flexibility Act. See 5 U.S.C. 602. The 
Unified Agenda also provides the Code of Federal Regulations citations 
and legal authorities that govern these proceedings.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Maura McGowan, Telecommunications 
Specialist, Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554, (202) 418-0990.

SUPPLEMENTARY INFORMATION: 

Unified Agenda of Major and Other Significant Proceedings

    The Commission encourages public participation in its 
rulemaking process. To help keep the public informed of significant 
rulemaking proceedings, the Commission has prepared a list of 
important proceedings now in progress. The General Services 
Administration publishes the Unified Agenda in the Federal Register 
in the spring and fall of each year.

    The following terms may be helpful in understanding the status 
of the proceedings included in this report:

    Docket Number -- assigned to a proceeding if the Commission has 
issued either a Notice of Proposed Rulemaking or a Notice of 
Inquiry concerning the matter under consideration. The Commission 
has used docket numbers since January 1, 1978. Docket numbers 
consist of the last two digits of the calendar year in which the 
docket was established plus a sequential number that begins at 1 
with the first docket initiated during a calendar year (e.g., 
Docket No. 96-1 or Docket No. 99-1). The abbreviation for the 
responsible bureau usually precedes the docket number, as in ``MM 
Docket No. 96-222,'' which indicates that the responsible bureau is 
the Mass Media Bureau (now the Media Bureau). A docket number 
consisting of only five digits (e.g., Docket No. 29622) indicates 
that the docket was established before January 1, 1978.

    Notice of Inquiry (NOI) -- issued by the Commission when it is 
seeking information on a broad subject or trying to generate ideas 
on a given topic. A comment period is specified during which all 
interested parties may submit comments.

    Notice of Proposed Rulemaking (NPRM) -- issued by the 
Commission when it is proposing a specific change to Commission 
rules and regulations. Before any changes are actually made, 
interested parties may submit written comments on the proposed 
revisions.

    Further Notice of Proposed Rulemaking (FNPRM) --issued by the 
Commission when additional comment in the proceeding is sought.

    Memorandum Opinion and Order (MO&O) -- issued by the Commission 
to deny a petition for rulemaking, conclude an inquiry, modify a 
decision, or address a petition for reconsideration of a decision.

    Rulemaking (RM) Number -- assigned to a proceeding after the 
appropriate bureau or office has reviewed a petition for 
rulemaking, but before the Commission has taken action on the 
petition.

    Report and Order (R&O) -- issued by the Commission to state a 
new or amended rule or state that the Commission rules and 
regulations will not be revised.

 Marlene H. Dortch,

Secretary, Federal Communications Commission.

                           CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
465         Policies and Rules Governing Interstate Pay-Per-Call and Other Information Services       3060-AG42
            Pursuant to the Telecommunications Act of 1996 (CC Docket Nos. 96-146, 93-22).........
466         Implementation of the Subscriber Selection Changes Provision of the Telecommunications    3060-AG46
            Act of 1996 (CC Docket No. 94-129)....................................................
467         Implementation of the Telecommunications Act of 1996; Access to Telecommunications        3060-AG58
            Service, Telecommunications Equipment, and Customer Premises Equipment by Persons With
            Disabilities..........................................................................
468         Telecommunications Relay Services, the Americans With Disabilities Act of 1990, and       3060-AG75
            the Telecommunications Act of 1996 (CC Docket No. 90-571).............................
469         Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of        3060-AI14
            1991 (CG Docket No. 02-278)...........................................................
470         Rules and Regulations Implementing Section 225 of the Communications Act                  3060-AI15
            (Telecommunications Relay Service) (CG Docket No. 03-123).............................
471         Rules and Regulations Implementing the Controlling the Assault of Non-Solicited           3060-AI20
            Pornography and Marketing Act of 2003 (CG Docket No. 04-53)...........................
472         Rules and Regulations Implementing Minimum Customer Account Record Exchange (CARE)        3060-AI58
            Obligations on All Local and Interexchange Carriers (CG Docket No. 02-386)............
473         Truth in Billing and Billing Format...................................................    3060-AI61
474         Closed Captioning of Video Programming (Section 610 Review)...........................    3060-AI72
----------------------------------------------------------------------------------------------------------------


[[Page 64523]]


                             OFFICE OF ENGINEERING AND TECHNOLOGY--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
475         Revision of the Rules Regarding Ultra-Wideband Transmission...........................    3060-AH47
476         New Advanced Wireless Services (ET Docket No. 00-258).................................    3060-AH65
477         Transfer of the 3650 Through 3700 MHz Band From Federal Government Use (WT Docket No.     3060-AH75
            05-96; ET Docket No. 02-380)..........................................................
478         Exposure to Radiofrequency Electromagnetic Fields.....................................    3060-AI17
479         Unlicensed Operation of the 3650-3700 Band (ET Docket No. 04-151).....................    3060-AI50
480         Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186).................    3060-AI52
481         Unlicensed Devices and Equipment Approval (ET Docket No. 03-201)......................    3060-AI54
----------------------------------------------------------------------------------------------------------------


                                     INTERNATIONAL BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
482         Streamlining the Commission's Rules and Regulations for Satellite Application and         3060-AD70
            Licensing Procedures (IB Docket No. 95-117)...........................................
483         Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in      3060-AF93
            the 2310-2360 MHz Frequency Band (IB Docket No. 95-91; GEN Docket No. 90-357).........
484         Allocate & Designate: Spec for Fixed-Sat Srv (37.5-38.5, 40.5-41.5 & 48.2-50.2 GHz        3060-AH23
            Bands); Allocate: Fixed & Mobile 40.5-42.5 GHz; Wireless 46.9-47 GHz; Gov Oper 37-38 &
            40-40.5 GHz (IB Docket No. 97)........................................................
485         Space Station Licensing Reform (IB Docket No. 02-34)..................................    3060-AH98
486         Mitigation of Orbital Debris (IB Docket No. 02-54)....................................    3060-AI06
487         Amendment of the Commission's Rules (IB Docket No. 04-47).............................    3060-AI41
488         Reporting Requirements for U.S. Providers of International Telecommunications Services    3060-AI42
            (IB Docket No. 04-112)................................................................
489         Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile        3060-AI44
            Satellite Service Systems in the 1.6/2.4 GHz Bands (IB Docket No. 02-364).............
490         Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and      3060-AI90
            Procedures To Govern the Use of Vehicle-Mounted Earth Stations (IB Docket No. 07-101).
----------------------------------------------------------------------------------------------------------------


                                     INTERNATIONAL BUREAU--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
491         Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Service      3060-AF89
            in the L-Band (IB Docket No. 96-132)..................................................
----------------------------------------------------------------------------------------------------------------


                                         MEDIA BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
492         Cable Television Rate Regulation......................................................    3060-AF41
493         Cable Television Rate Regulation: Cost of Service.....................................    3060-AF48
494         Cable Home Wiring.....................................................................    3060-AG02
495         Competitive Availability of Navigation Devices (CS Docket No. 97-80)..................    3060-AG28
496         Cable Horizontal and Vertical Ownership Limits (MM Docket No. 92-264).................    3060-AH09
497         Digital Audio Broadcasting Systems (MM Docket No. 99-325).............................    3060-AH40
498         Second Periodic Review of Rules and Policies Affecting the Conversion to DTV..........    3060-AH54
499         Direct Broadcast Public Interest Obligations (MM Docket No. 93-25)....................    3060-AH59
500         Revision of EEO Rules and Policies (MM Docket No. 98-204).............................    3060-AH95
501         Broadcast Multiple and Cross-Ownership Limits.........................................    3060-AH97
502         Establishment of Rules for Digital Low Power Television, Television Translator, and       3060-AI38
            Television Booster Stations (MB Docket No. 03-185)....................................
503         Joint Sales Agreements in Local Television Markets (MB Docket No. 04-256).............    3060-AI55
504         Significantly Viewed Out-of-Market Broadcast Stations (MB Docket No. 05-49)...........    3060-AI56

[[Page 64524]]

 
505         Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of      3060-AI63
            Community of License in the Radio Broadcast Services (MB Docket No. 05-210)...........
506         Digital Television Distributed Transmission System Technologies (MB Docket No. 05-312)    3060-AI68
507         Implementation of the Cable Communications Policy Act of 1984 as Amended by the Cable     3060-AI69
            Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05-311).....
508         Program Access Rules--Sunset of Exclusive Contracts Prohibition and Examination of        3060-AI87
            Programming Tying Arrangements; (MB Docket Nos. 07-29, 07-198)........................
509         Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion     3060-AI89
            to Digital Television (MB Docket No. 07-91)...........................................
510         DTV Consumer Education Initiative (MB Docket No. 07-148)..............................    3060-AI96
511         Broadcast Localism (MB Docket No. 04-233).............................................    3060-AJ04
512         Creating a Low Power Radio Service (MM Docket NO. 99-25)..............................    3060-AJ07
513         Sponsorship Identification Rules and Embedded Advertising (MB Docket No. 08-90).......    3060-AJ10
514         An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service            3060-AJ17
            Directional Antenna Performance Verification (MM Docket No. 93-177)...................
515         Amendment of Parts 73 and 74 of the Commission's Rules To Establish Rules for             3060-AJ18
            Replacement Digital Low Power Television Translator Stations; MB Docket No. 08-253....
516         Policies To Promote Rural Radio Service and to Streamline Allotment and Assignment        3060-AJ23
            Procedures; MB Docket No. 09-52.......................................................
517         Promoting Diversification of Ownership in the Broadcast Services (MB Docket No. 07-       3060-AJ27
            294)..................................................................................
----------------------------------------------------------------------------------------------------------------


                                 OFFICE OF MANAGING DIRECTOR--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
518         Assessment and Collection of Regulatory Fees..........................................    3060-AI79
----------------------------------------------------------------------------------------------------------------


                          PUBLIC SAFETY AND HOMELAND SECURITY BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
519         Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling         3060-AG34
            Systems...............................................................................
520         Enhanced 911 Services for Wireline....................................................    3060-AG60
521         In the Matter of the Communications Assistance for Law Enforcement Act................    3060-AG74
522         Development of Operational, Technical, and Spectrum Requirements for Public Safety        3060-AG85
            Communications Requirements...........................................................
523         1998 Biennial Regulatory Review--Review of Accounts Settlement in Maritime Mobile and     3060-AH30
            Maritime Mobile-Satellite Radio Services; (IB Docket No. 98-96).......................
524         Implementation of 911 Act.............................................................    3060-AH90
525         Commission Rules Concerning Disruptions to Communications.............................    3060-AI22
526         E911 Requirements for IP-Enabled Service Providers....................................    3060-AI62
527         Recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on     3060-AI78
            Communications Networks...............................................................
528         Stolen Vehicle Recovery System (SVRS).................................................    3060-AJ01
529         The Commercial Mobile Alert System....................................................    3060-AJ03
----------------------------------------------------------------------------------------------------------------


                              WIRELESS TELECOMMUNICATIONS BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
530         Implementation of the Communications Act, Amendment of the Commission's Rules--           3060-AG21
            Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap
531         Amendment of Part 90 of the Rules To Adopt Regulations for Automatic Vehicle              3060-AH12
            Monitoring Systems....................................................................

[[Page 64525]]

 
532         Fixed Satellite Service and Terrestrial System in the Ku-Band.........................    3060-AH17
533         Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to the Commission's    3060-AH32
            Rules.................................................................................
534         Implementation of the Communications Act of 1934 as Amended...........................    3060-AH33
535         Amendment of Parts 13 and 80 of the Commission's Rules Governing Maritime                 3060-AH55
            Communications........................................................................
536         Competitive Bidding Procedures........................................................    3060-AH57
537         2000 Biennial Regulatory Review Spectrum Aggregation Limits for Commercial Mobile         3060-AH81
            Radio Services........................................................................
538         In the Matter of Promoting Efficient Use of Spectrum Through Elimination of Barriers      3060-AH82
            to the Development of Secondary Markets...............................................
539         Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers.....    3060-AH83
540         Year 2000 Biennial Review (WT Docket No. 01-108)......................................    3060-AI26
541         Air-Ground Telecommunications Services................................................    3060-AI27
542         Amendments of Various Rules Affecting Wireless Radio Services (WT Docket No. 03-264)..    3060-AI30
543         Facilitating the Provision of Spectrum-Based Services to Rural Areas..................    3060-AI31
544         Improving Public Safety Communications in the 800 MHz Band Industrial/Land                3060-AI34
            Transportation and Business Channels..................................................
545         Review of Part 87 of the Commission's Rules Concerning Aviation (WT Docket No. 01-289)    3060-AI35
546         Implementation of the Commercial Spectrum Enhancement Act (CSEA) and Modernization of     3060-AI88
            the Commission's Competitive Bidding Rules and Procedures (WT Docket No. 05-211)......
547         Facilitating the Provision of Fixed and Mobile Broadband Access Educational and Other     3060-AJ12
            Advanced Services in the 2150-2162 and 2500-2690 MHz Bands; Reviewing of the Spectrum
            Sharing Plan Among Non-Geost..........................................................
548         Amendment of the Rules Regarding Maritime Automatic Identification Systems; WT Docket     3060-AJ16
            No. 04-344............................................................................
549         Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band................    3060-AJ19
550         Service Rules for Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz, 2020-   3060-AJ20
            2025 MHz, and 2175-2180 MHz Bands.....................................................
551         Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz        3060-AJ21
            Band, WT Docket No. 08-166; Public Interest Spectrum Coalition, Petition for
            Rulemaking Regarding Low Power Auxiliary..............................................
552         Amendment of the Commission's Rules To Improve Public Safety Communications in the 800    3060-AJ22
            MHz Band, and To Consolidate the 800 MHz and 900 MHz Business and Industrial/Land
            Transportation Pool Channels..........................................................
553         Amendment of Part 101 to Accommodate 30 MHz Channels in the 6525-6875 MHz Band and        3060-AJ28
            Provide Conditional Authorization on Channels in the 21.8-22.0 and 23.0-23.2 GHz Band;
            WT Docket No. 04-114..................................................................
----------------------------------------------------------------------------------------------------------------


                              WIRELESS TELECOMMUNICATIONS BUREAU--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
554         Amendment of the Commission's Rules Concerning Maritime Communications................    3060-AF14
555         39 GHz Channel Plan...................................................................    3060-AG16
556         Amendment of the Rules To License Fixed Services at 24 GHz............................    3060-AH41
----------------------------------------------------------------------------------------------------------------


                                 WIRELINE COMPETITION BUREAU--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
557         Implementation of the Universal Service Portions of the 1996 Telecommunications Act...    3060-AF85
558         Telecommunications Carriers' Use of Customer Proprietary Network Information and Other    3060-AG43
            Customer Information..................................................................
559         Implementation of the Local Competition Provisions of the Telecommunications Act of       3060-AG50
            1996..................................................................................
560         Local Telephone Networks That LECs Must Make Available to Competitors.................    3060-AH44
561         2000 Biennial Regulatory Review--Telecommunications Service Quality Reporting             3060-AH72
            Requirements..........................................................................
562         Access Charge Reform and Universal Service Reform.....................................    3060-AH74
563         Numbering Resource Optimization.......................................................    3060-AH80
564         National Exchange Carrier Association Petition........................................    3060-AI47
565         IP-Enabled Services...................................................................    3060-AI48
566         Consumer Protection in the Broadband Era..............................................    3060-AI73
567         Establishing Just and Reasonable Rates for Local Exchange Carriers (WC Docket No. 07-     3060-AJ02
            135)..................................................................................
568         Jurisdictional Separations............................................................    3060-AJ06

[[Page 64526]]

 
569         Implementation of NET 911 Improvement Act.............................................    3060-AJ09
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Federal Communications Commission (FCC)               Long-Term Actions


Consumer and Governmental Affairs Bureau



_______________________________________________________________________




465. POLICIES AND RULES GOVERNING INTERSTATE PAY-PER-CALL AND OTHER 
INFORMATION SERVICES PURSUANT TO THE TELECOMMUNICATIONS ACT OF 1996 (CC 
DOCKET NOS. 96-146, 93-22)

Legal Authority: 47 USC 228

Abstract: The Commission received comments on proposed rules designed 
to implement the 1996 Telecommunications Act with respect to 
information services to prevent abusive and deceptive practices by 
entities that might try to circumvent the statutory requirements. The 
proposed rules address generally the use of dialing sequences other 
than the 900 service access code to provide information services. The 
Commission issued an NPRM on these issues July 16, 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/26/96                    61 FR 39107
Order                           07/26/96                    61 FR 39084
NPRM Comment Period End         09/16/96
Notice to Refresh Record        03/27/03                    68 FR 14939
Comment Period End              05/27/03
NPRM                            10/15/04                    69 FR 61184


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Erica H. McMahon, Chief, Consumer Policy Division, 
Federal Communications Commission, Consumer and Governmental Affairs 
Bureau, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-2512
Email: erica.mcmahon@fcc.gov

RIN: 3060-AG42
_______________________________________________________________________




466. IMPLEMENTATION OF THE SUBSCRIBER SELECTION CHANGES PROVISION OF THE 
TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NO. 94-129)

Legal Authority: 47 USC 154; 47 USC 201; 47 USC 258

Abstract: In December 1998, the Commission established new rules and 
policies implementing section 258 of the Communications Act of 1934, as 
amended by the Telecommunications Act of 1996, which makes it unlawful 
for any telecommunications carrier to ``submit or execute a change in a 
subscriber's selection of a provider of telecommunications exchange 
service or telephone toll service except in accordance with such 
verification procedures as the Commission shall prescribe.'' The rules 
provide, among other things, that any telecommunications carrier that 
violates such verification procedures and that collects charges for 
telephone exchange service or telephone toll service from a subscriber 
shall be liable to the carrier previously selected by the subscriber in 
an amount equal to 150 percent of all charges paid by the subscriber 
after such violation. In April 2000, the Commission modified the 
slamming liability rules by giving victims of slamming adequate 
redress, ensuring that carriers that slam do not profit from their 
fraud, and allowing States to act as the primary administrator of 
slamming complaints. In May 2001, the Commission adopted streamlined 
procedures for the carrier-to-carrier sale or transfer of customer 
bases.
In February 2003, the Commission adopted a Reconsideration Order and 
Second FNPRM. The Reconsideration Order addresses, amongst other 
things, the requirement that a carrier's sales agent drop-off a carrier 
change request phone call once the customer has been connected to an 
independent third party verifier, and the applicability of our slamming 
rules to local exchange carriers. In the Second FNPRM, the Commission 
sought comment on rule modifications with respect to third party 
verifications.
On January 4, 2008, the Commission released an Order that confirmed 
that a LEC that is executing a carrier change on behalf of another 
carrier may not re-verify whether the person listed on the change order 
is actually authorized to do so.
On January 9, 2008, the Commission released a Fourth Report and Order 
that modified the slamming rules regarding the content of independent 
third party verifications of a consumer's intent to switch carriers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

MO&O on Recon and FNPRM         08/14/97                    62 FR 43493
FNPRM Comment Period End        09/30/97
Second R&O and Second FNPRM     02/16/99                     64 FR 7745
First Order on Recon            04/13/00                    65 FR 47678
Third R&O and Second Order on 
Recon                           11/08/00                    65 FR 66934
Third FNPRM                     01/29/01                     66 FR 8093
Order                           03/01/01                    66 FR 12877
First R&O and Fourth R&O        06/06/01                    66 FR 30334
Second FNPRM                    03/17/03                    68 FR 19176
Third Order on Recon            03/17/03                    68 FR 19152
Second FNPRM Comment Period End 06/17/03
First Order on Recon & Fourth 
Order on Recon                  03/15/05                    70 FR 12605
Fifth Order on Recon            03/23/05                    70 FR 14567
Order                           02/04/08                     73 FR 6444
Fourth R&O                      03/12/08                    73 FR 13144


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

[[Page 64527]]

Agency Contact: Nancy Stevenson, Deputy Chief, Consumer Policy Div., 
Federal Communications Commission, Consumer and Governmental Affairs 
Bureau, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-2512
Fax: 202 418-1196
Email: nancy.stevenson@fcc.gov

RIN: 3060-AG46
_______________________________________________________________________




467. IMPLEMENTATION OF THE TELECOMMUNICATIONS ACT OF 1996; ACCESS TO 
TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT, AND CUSTOMER 
PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES

Legal Authority: 47 USC 255; 47 USC 251(a)(2)

Abstract: This proceeding is initiated to implement the provisions of 
sections 255 and 251(a)(2) of the Communications Act and related 
sections of the Telecommunications Act of 1996 regarding the 
accessibility of telecommunications equipment and services to persons 
with disabilities.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice                          03/07/96                     61 FR 9164
Notice                          07/30/96                    61 FR 39657
R&O                             08/14/96                    61 FR 42181
NOI                             09/26/96                    61 FR 50465
Notice                          10/23/96                    61 FR 54999
NPRM                            05/22/98                    63 FR 28456
Notice                          10/28/98                    63 FR 57686
Notice                          04/13/99                    64 FR 18021
Notice                          04/19/99                    64 FR 19178
Notice                          06/02/99                    64 FR 29644
R&O                             11/19/99                    64 FR 63235
Further NOI                     11/19/99                    64 FR 63277
Public Notice                   07/13/00                    65 FR 43372
Public Notice                   01/07/02                      67 FR 678
Notice                          04/23/02                    67 FR 19753
Notice                          09/06/02                    67 FR 57009
Notice                          10/30/02                    67 FR 66154
Public Notice                   07/21/04                    69 FR 43586
Notice                          07/29/04                    69 FR 45318
Notice                          02/14/05                     70 FR 7503
Notice                          04/06/05                    70 FR 17456
Public Notice                   07/20/05                    70 FR 41754
Notice                          03/29/06                    71 FR 15738
Notice                          07/26/06                    71 FR 42396
Public Notice                   08/02/06                    71 FR 43768
R&O                             08/06/07                    72 FR 43546
NPRM                            11/21/07                   72 FR 465494
Notice                          12/10/07                    72 FR 69686
Notice                          12/11/07                    72 FR 70324
Notice                          03/06/08                    73 FR 12174
Notice/Announcement of Effective 
Date                            03/20/08                    73 FR 14941
Final Rule: Notice Removal      04/21/08                    73 FR 21251
R&O                             05/07/08                    73 FR 25566
R&O                             06/12/08                    73 FR 33324
Public Notice                   08/01/08                    73 FR 45008


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Cheryl J. King, Deputy Chief, Disability Rights Office, 
Federal Communications Commission, Consumer and Governmental Affairs 
Bureau, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-2284
TDD Phone: 202 418-0416
Fax: 202 418-0037
Email: cheryl.king@fcc.gov

RIN: 3060-AG58
_______________________________________________________________________




468. TELECOMMUNICATIONS RELAY SERVICES, THE AMERICANS WITH DISABILITIES 
ACT OF 1990, AND THE TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NO. 90-
571)

Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225

Abstract: This item addresses the requirement that telecommunications 
relay services be capable of handling any type of call normally 
provided by common carriers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/04/90                    55 FR 50037
R&O and Request for Comments    08/01/91                    56 FR 36729
Order on Recon & Second R&O     03/03/93                    58 FR 12175
FNPRM                           03/30/93                    58 FR 12204
MO&O                            11/28/95                    60 FR 58626
Order                           09/08/97                    62 FR 47152
Second NPRM                     04/05/01                    66 FR 18059
Fifth R&O                       02/07/03                     68 FR 6352
Fifth R&O (Correction)          02/24/03                     68 FR 8553
Public Notice                   04/15/03                    68 FR 18205
Public Notice                   08/27/04                    69 FR 52694
Petitions for Recon of Fifth R&O 
Denied                          09/01/04                    69 FR 53346
Notice                          09/01/04                    69 FR 53442
Public Notice                   11/12/04                    69 FR 65401
Notice                          12/27/04                    69 FR 77246
Notice                          04/06/05                    70 FR 17456
Notice                          04/19/06                    71 FR 20101


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thomas Chandler, Federal Communications Commission, 445 
12th Street SW., Washington, DC 20554
Phone: 202 418-1475
Email: thomas.chandler@fcc.gov

RIN: 3060-AG75
_______________________________________________________________________




469. RULES AND REGULATIONS IMPLEMENTING THE TELEPHONE CONSUMER 
PROTECTION ACT (TCPA) OF 1991 (CG DOCKET NO. 02-278)

Legal Authority: 47 USC 227

Abstract: The Commission released a Notice of Proposed Rulemaking 
(NPRM) on September 18, 2002, seeking comment on the rules implementing 
the Telephone Consumer Protection Act of 1991 (TCPA). The NPRM sought 
comment on the effectiveness of the company-specific do-not-call lists 
and whether to revisit the option of establishing a national do-not-
call list.
On July 3, 2003, the Commission released a Report and Order 
establishing, along with the FTC, a national do-not-call registry. The 
Commission's Report and Order also adopted rules on the use of 
predictive dialers, the transmission of caller ID information by 
telemarketers, and the sending of unsolicited fax advertisements.
On September 21, 2004, the Commission released an Order adopting a 
limited safe harbor period from the prohibition on placing automatic 
telephone dialing systems or prerecorded message calls to wireless 
numbers when such calls are made to numbers that have been recently 
ported from wireline to wireless service. In addition, the Commission 
amended its existing safe harbor rules for telemarketers subject to the 
do-not-call registry to require such telemarketers to access the do-
not-call list every 31 days, rather than every three months.
On December 9, 2005, the Commission released an NPRM proposing to amend 
the fax advertising rules to implement the Junk Fax Protection Act of 
2005. On April 5, 2006, the Commission adopted a Report and Order and 
Third Order on Reconsideration amending its facsimile advertising 
rules. On October 14, 2008, the Commission released an Order on 
Reconsideration addressing certain issues raised in petitions for 
reconsideration and/or clarification of

[[Page 64528]]

the Report and Order and Third Order on Reconsideration.
On January 4, 2008, the Commission released a Declaratory Ruling, 
clarifying that autodialed and prerecorded message calls to wireless 
numbers that are provided by the called party to a creditor in 
connection with an existing debt are permissible as calls made with the 
``prior express consent'' of the called party.
Following a December 4, 2007 NPRM, on June 17, 2008, the Commission 
released a Report and Order amending its rules to require sellers and/
or telemarketers to honor registrations with the National Do-Not-Call 
Registry indefinitely, unless the registration is cancelled by the 
consumer or the number is removed by the database administrator.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/08/02                    67 FR 62667
NPRM Comment Period Extended    11/29/02                    67 FR 71126
Reply Comment Period Extended   12/26/02                    67 FR 78763
Comment Period End              01/31/03
FNPRM                           04/03/03                    68 FR 16250
Order                           07/25/03                    68 FR 44144
Order Effective                 08/25/03
Order on Recon                  08/25/03                    68 FR 50978
Order                           10/14/03                    68 FR 59130
FNPRM                           03/31/04                    69 FR 16873
Order                           10/08/04                    69 FR 60311
Order                           10/28/04                    69 FR 62816
Order on Recon                  04/13/05                    70 FR 19330
Order                           06/30/05                    70 FR 37705
NPRM                            12/19/05                    70 FR 75102
Public Notice                   04/26/06                    71 FR 24634
Order                           05/03/06                    71 FR 25967
NPRM                            12/14/07                    72 FR 71099
Declaratory Ruling              02/01/08                     73 FR 6041
R&O                             07/14/08                    73 FR 40183
Order on Recon                  10/30/08                    73 FR 64556


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Erica H. McMahon, Chief, Consumer Policy Division, 
Federal Communications Commission, Consumer and Governmental Affairs 
Bureau, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-2512
Email: erica.mcmahon@fcc.gov

RIN: 3060-AI14
_______________________________________________________________________




470. RULES AND REGULATIONS IMPLEMENTING SECTION 225 OF THE 
COMMUNICATIONS ACT (TELECOMMUNICATIONS RELAY SERVICE) (CG DOCKET NO. 03-
123)

Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225

Abstract: This proceeding established a new docket flowing from the 
previous telecommunications relay service (TRS) history, CC Docket No. 
98-67. This proceeding continues the Commission's inquiry into 
improving the quality of TRS and furthering the goal of functional 
equivalency, consistent with Congress' mandate that TRS regulations 
encourage the use of existing technology and not discourage or impair 
the development of new technology. In this docket, the Commission 
explores ways to improve emergency preparedness for TRS facilities and 
services, new TRS technologies, public access to information and 
outreach, and issues related to payments from the Interstate TRS Fund.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/25/03                    68 FR 50993
Public Notice                   07/26/04                    69 FR 44534
R&O, Order on Recon             09/01/04                    69 FR 53346
FNPRM                           09/01/04                    69 FR 53382
Public Notice                   11/12/04                    69 FR 65401
Public Notice                   01/11/05                     70 FR 2360
Public Notice                   02/17/05                     70 FR 8034
Declaratory Ruling /
Interpretation                  02/25/05                     70 FR 9239
Public Notice                   03/07/05                    70 FR 10930
Public Notice                   03/16/05                    70 FR 12884
Order                           03/23/05                    70 FR 14568
Public Notice /Announcement of 
Date                            04/06/05                    70 FR 17334
Public Notice                   05/11/05                    70 FR 24790
Order                           07/01/05                    70 FR 38134
Public Notice                   07/13/05                    70 FR 38134
Order on Recon                  08/31/05                    70 FR 51643
R&O                             08/31/05                    70 FR 51649
Public Notice                   09/07/05                    70 FR 53191
Order on Clarification          09/14/05                    70 FR 54294
Notice                          09/14/05                    70 FR 54381
Order on Clarification          09/14/05                    70 FR 54298
Public Notice                   10/12/05                    70 FR 59346
Public Notice                   11/30/05                    70 FR 71849
R&O/Order on Recon              12/23/05                    70 FR 76208
Order                           12/28/05                    70 FR 76712
Order                           12/29/05                    70 FR 77052
Notice                          01/11/06                     71 FR 1753
Notice                          01/11/06                     71 FR 1755
Public Notice/Petition for 
Rulemaking Withdrawn            01/18/06                     71 FR 2942
NPRM                            02/01/06                     71 FR 5221
Notice                          02/01/06                     71 FR 5221
Notice/Announcement of Effective 
Date                            03/15/06                    71 FR 13281
Notice                          03/24/06                    71 FR 14893
Public Notice                   05/10/06                    71 FR 27252
Notice                          05/24/06                    71 FR 29961
Declaratory Ruling/Clarification05/31/06                    71 FR 30818
FNPRM                           05/31/06                    71 FR 30848
FNPRM                           06/01/06                    71 FR 31131
Declaratory Ruling/Dismissal of 
Petition                        06/21/06                    71 FR 35553
Clarification                   06/28/06                    71 FR 36690
Public Notice                   06/28/06                    71 FR 36794
Public Notice                   06/28/06                    71 FR 36796
Declaratory Ruling on Recon     07/06/06                    71 FR 38268
Public Notice                   08/02/06                    71 FR 43768
Order on Recon                  08/16/06                    71 FR 47141
MO&O                            08/16/06                    71 FR 47145
Clarification                   08/23/06                    71 FR 49380
FNPRM                           09/13/06                    71 FR 54009
Correction                      09/27/06                    71 FR 56442
Final Rule; Clarification       02/14/07                     72 FR 6960
Notice                          02/14/07                     72 FR 7031
Public Notice                   03/01/07                     72 FR 9333
Notice                          03/01/07                     72 FR 9332
Public Notice                   03/07/07                    72 FR 10214
Order                           03/14/07                    72 FR 11789
Public Notice                   04/12/07                    72 FR 18478
Notice                          04/18/07                    72 FR 19501
Notice                          05/02/07                    72 FR 24305
Public Notice                   05/16/07                    72 FR 27570
Public Notice                   05/16/07                    72 FR 27569
Notice                          06/06/07                    72 FR 31327
Notice                          06/13/07                    72 FR 32661
Public Notice                   07/18/07                    72 FR 39423
R&O                             08/06/07                    72 FR 43546
Notice                          08/06/07                    72 FR 43638
Public Notice                   08/16/07                    72 FR 46060
Order                           11/01/07                    72 FR 61813
Public Notice                   11/01/07                    72 FR 61882
Notice                          12/11/07                    72 FR 70324
Public Notice                   01/04/08                      73 FR 863
R&O/Declaratory Ruling          01/17/08                     73 FR 3197
Notice                          01/17/08                     73 FR 3253
Order                           02/19/08                     73 FR 9031
Public Notice                   02/19/08                     73 FR 9118
Public Notice                   03/27/08                    73 FR 16304
Public Notice                   04/07/08                    73 FR 18796
Order                           04/21/08                    73 FR 21347
R&O                             04/21/08                    73 FR 21252
Order                           04/23/08                    73 FR 21843
Public Notice                   04/30/08                    73 FR 23361
Order                           05/15/08                    73 FR 28057
Public Notice                   05/23/08                    73 FR 26992
Notice                          06/16/08                    73 FR 34015
Declaratory Ruling              07/08/08                    73 FR 38928
Notice                          07/18/08                    73 FR 41351
FNPRM                           07/18/08                    73 FR 41307

[[Page 64529]]

R&O                             07/18/08                    73 FR 41286
Notice/Announcement of Effective 
Date                            07/30/08                     73 FR 4417
Public Notice                   08/01/08                    73 FR 45006
Public Notice                   08/05/08                    73 FR 45354
Public Notice                   08/22/08                    73 FR 49670
Comment Period End              09/29/08
Public Notice                   10/10/08                    73 FR 60172
Order                           10/23/08                    73 FR 63078
2nd R&O and Order on Recon      12/30/08                    73 FR 79683
Order                           05/06/09                    74 FR 20892
Public Notice                   05/07/09                    74 FR 21364
NPRM                            05/21/09                    74 FR 23815
Public Notice                   05/21/09                    74 FR 23859
Public Notice Comment Period End06/08/09
Public Notice Comment Period End06/11/09
Public Notice                   06/12/09                    74 FR 28046
NPRM Comment Period End         07/20/09
Order                           07/29/09                    74 FR 37624
Public Notice                   08/07/09                    74 FR 39669
Comment Period End              08/10/09


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thomas Chandler, Federal Communications Commission, 445 
12th Street SW., Washington, DC 20554
Phone: 202 418-1475
Email: thomas.chandler@fcc.gov

RIN: 3060-AI15
_______________________________________________________________________




471. RULES AND REGULATIONS IMPLEMENTING THE CONTROLLING THE ASSAULT OF 
NON-SOLICITED PORNOGRAPHY AND MARKETING ACT OF 2003 (CG DOCKET NO. 04-
53)

Legal Authority: 15 USC 7706; 15 USC 7712; PL 108-187

Abstract: The Commission has adopted rules to protect consumers from 
unwanted electronic mobile service messages to implement the 
Controlling the Assault of Non-Solicited Pornography and Marketing Act 
of 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/31/04                    69 FR 16873
NPRM Comment Period End         05/17/04
Order                           09/16/04                    69 FR 55765
Order                           03/25/05                    70 FR 34665


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Julie Saulnier, Deputy Chief, Consumer Policy Div., 
Federal Communications Commission, Consumer and Government Affairs 
Bureau, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-1598
Email: julie.saulnier@fcc.gov

RIN: 3060-AI20
_______________________________________________________________________




472. RULES AND REGULATIONS IMPLEMENTING MINIMUM CUSTOMER ACCOUNT RECORD 
EXCHANGE (CARE) OBLIGATIONS ON ALL LOCAL AND INTEREXCHANGE CARRIERS (CG 
DOCKET NO. 02-386)

Legal Authority: 47 USC 151; 47 USC 154; 47 USC 201 and 202; 47 USC 
303(r)

Abstract: On December 20, 2002, the Commission issued a Public Notice 
directing interested parties to file comments on issues raised in a 
petition filed with the Commission by Americatel Corporation and on a 
separate petition filed by AT&T, Sprint, and MCI. The petitions asked 
the Commission to address problems relating to the exchange of customer 
account records between local and long distance telephone service 
providers. On March 25, 2004, the Commission released a Notice of 
Proposed Rulemaking (NPRM) in CG Docket No. 02-386 seeking further 
comment on the two petitions and seeking comment as to whether to 
replace the current voluntary industry process for the exchange of 
customer account information between local and long distance service 
providers with mandatory, minimum standards applicable to all such 
providers.
On February 25, 2005, the Commission released a Report and Order and 
Further Notice of Proposed Rulemaking in CG Docket No. 02-386. The 
Report and Order adopted final rules governing the exchange of customer 
account information between local and long distance telephone service 
providers. The Commission adopted these rules to help to ensure that 
consumers' phone service bills are accurate and that their carrier 
selection requests are honored and executed without undue delay. In the 
Further Notice of Proposed Rulemaking (FNPRM), the Commission sought 
comment on the need for rules governing the exchange of customer 
account information between local telephone service providers.
On April 15, 2005, and June 15, 2005, a coalition of local and long 
distance carriers proposed minor modifications and clarifications to 
section 64.4002 of the Commission's CARE rules. On August 29, 2005, the 
Commission released a public notice requesting comment on the 
coalition's proposed clarifications and modifications. Notice of the 
proposed changes was published in the Federal Register on September 7, 
2005 (70 FR 53137). The comment cycle established by the August 29 
public notice closed October 3, 2005.
On September 13, 2006, the Commission released an Order on 
Reconsideration adopting the clarifications and technical corrections 
to the Report and Order, as proposed by the coalition of carriers.
On December 21, 2007, the Commission released a Report and Order 
declining to adopt mandatory data exchange requirements between local 
exchange carriers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/19/04                    69 FR 20845
NPRM Comment Period End         06/18/04
R&O and FNPRM                   06/02/05                    70 FR 32258
FNPRM Comment Period End        08/01/05
Public Notice                   08/29/05                70 FR 53137--01
Public Notice Comment Period End10/03/05
Order on Recon                  12/13/06                    71 FR 74819
R&O                             01/08/08                     73 FR 1297


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Lisa Boehley, Attorney Advisor, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-7395
Fax: 202 418-0236
Email: lisa.boehley@fcc.gov

RIN: 3060-AI58
_______________________________________________________________________




473. TRUTH IN BILLING AND BILLING FORMAT

Legal Authority: 47 USC 201; 47 USC 258

Abstract: In 1999, the Commission adopted truth-in-billing rules to 
address

[[Page 64530]]

concerns that there is consumer confusion relating to billing for 
telecommunications services. On March 18, 2005, the Commission released 
an Order and FNPRM to further facilitate the ability of telephone 
consumers to make informed choices among competitive service offerings.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

FNPRM                           05/25/05                    70 FR 30044
R&O                             05/25/05                    70 FR 29979


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Richard D. Smith, Special Counsel, Federal 
Communications Commission, Consumer and Governmental Affairs Bureau, 
445 12th Street SW., Washington, DC 20554
Phone: 717 338-2797
Fax: 717 338-2574
Email: richard.smith@fcc.gov

RIN: 3060-AI61
_______________________________________________________________________




474. CLOSED CAPTIONING OF VIDEO PROGRAMMING (SECTION 610 REVIEW)

Legal Authority: 47 USC 613

Abstract: The Commission's closed captioning rules are designed to make 
video programming more accessible to deaf and hard of hearing 
Americans. This proceeding resolves some issues regarding the 
Commission's closed captioning rules that were raised for comment in 
2005, and also seeks comment on how a certain exemption from the closed 
captioning rules should be applied to digital multicast broadcast 
channels.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/03/97                     62 FR 4959
R&O                             09/16/97                    62 FR 48487
Notice                          10/02/97                    62 FR 54848
Order on Recon                  10/28/98                    63 FR 55959
Notice                          09/29/00                    65 FR 58552
Notice                          01/05/01                     66 FR 1136
Notice                          12/31/03                    68 FR 75558
Notice                          05/11/04                    69 FR 26095
NPRM                            09/26/05                    70 FR 56150
Comment Period Extended         11/25/05                    70 FR 71077
Comment Period End              12/16/05
Notice                          09/27/07                    72 FR 70324
Order and Declaratory Ruling    01/13/09                     74 FR 1594
NPRM                            01/13/09                     74 FR 1654
Comment Period End              02/27/09


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Amelia L. Brown, Attorney Advisor, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554
Phone: 202 418-2799
TDD Phone: 202 418-7804
Fax: 202 418-0037
Email: amelia.brown@fcc.gov

RIN: 3060-AI72
_______________________________________________________________________


Federal Communications Commission (FCC)               Long-Term Actions


Office of Engineering and Technology



_______________________________________________________________________




475. REVISION OF THE RULES REGARDING ULTRA-WIDEBAND TRANSMISSION

Legal Authority: 47 USC 154; 47 USC 302 to 304; 47 USC 307; 47 USC 544A

Abstract: The First Report and Order amends the Commission's rules to 
permit the marketing and operation of certain types of new products 
incorporating Ultra-Wideband (UWB) technology. UWB devices operate by 
employing very narrow or short duration pulses that result in very 
large or wideband transmission bandwidths. UWB technology holds great 
promise for a vast array of new applications that we believe will 
provide significant benefits for public safety, businesses and 
consumers. With appropriate technical standards, UWB devices can 
operate using spectrum occupied by existing radio services without 
causing interference, thereby permitting scarce spectrum resources to 
be used more efficiently.
The Memorandum Opinion and Order responded to fourteen petitions for 
reconsideration that were filed in response to the regulations for 
unlicensed ultra-wideband (UWB) operations. In general, this document 
does not make any significant changes to the existing UWB parameters as 
the Commission is reluctant to do so until it has more experience with 
UWB devices. The Commission believes that any major changes to the 
rules for existing UWB product categories at this early stage would be 
disruptive to current industry product development efforts.
The Further Notice of Proposed Rulemaking proposed new rules to address 
issues raised by some of the petitions for reconsideration that were 
outside the scope of the proceeding. New rules were proposed to address 
issues regarding the operation of low pulse repetition frequency UWB 
systems, including vehicular radars, in the 3.1-10.6 GHz band; and the 
operation frequency hopping vehicular radars in the 22-29 GHz band as 
UWB devices. The Commission also proposed new rules that would 
establish new peak power limits for wideband part 15 devices that do no 
operate as UWB devices and proposed to eliminate the definition of a 
UWB device.
The Second Report and Order and Second Memorandum Opinion and Order 
r

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