Possible Revision or Elimination of Rules, 60413-60426 [2011-24973]
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[DA 11–1333]
Possible Revision or Elimination of
Rules
Federal Communications
Commission.
ACTION: Review of regulations;
comments requested.
AGENCY:
This document invites
members of the public to comment on
the Federal Communication
Commission’s (FCC’s or Commission’s)
rules to be reviewed pursuant to section
610 of the Regulatory Flexibility Act of
1980, as amended (RFA). The purpose
of the review is to determine whether
Commission rules whose ten-year
anniversary dates are in the year 2010,
as contained in the Appendix, should be
continued without change, amended, or
rescinded in order to minimize any
significant impact the rules may have on
a substantial number of small entities.
Upon receipt of comments from the
public, the Commission will evaluate
those comments and consider whether
action should be taken to rescind or
amend the relevant rule(s).
DATES: Comments may be filed on or
before November 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Sharon K. Stewart, Chief of Staff, Office
of Communications Business
Opportunities (OCBO), Federal
Communications Commission, (202)
418–0990. People with disabilities may
contact the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
ADDRESSES: Federal Communications
Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC
20554.
SUPPLEMENTARY INFORMATION: Each year
the Commission will publish a list of
ten-year old rules for review and
comment by interested parties pursuant
to the requirements of section 610 of the
RFA.
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SUMMARY:
FCC Seeks Comment Regarding
Possible Revision or Elimination of
Rules Under The Regulatory Flexibility
Act, 5 U.S.C. Section 610
CB Docket No. 11–72
Comment Period Closes: November
28, 2011.
1. Pursuant to the Regulatory
Flexibility Act (RFA), see 5 U.S.C. 610,
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the FCC hereby publishes a plan for the
review of rules adopted by the agency
in calendar year 2000 which have, or
might have, a significant economic
impact on a substantial number of small
entities. The purpose of the review is to
determine whether such rules should be
continued without change, or should be
amended or rescinded, consistent with
the stated objective of section 610 of the
RFA, to minimize any significant
economic impact of such rules upon a
substantial number of small entities.
2. This document lists the FCC
regulations to be reviewed during the
next twelve months. In succeeding
years, as here, the Commission will
publish a list for the review of
regulations promulgated ten years
preceding the year of review.
3. In reviewing each rule in a manner
consistent with the requirements of
section 610 the FCC will consider the
following factors:
(a) The continued need for the rule;
(b) The nature of complaints or
comments received concerning the rule
from the public;
(c) The complexity of the rule;
(d) The extent to which the rule
overlaps, duplicates, or conflicts with
other federal rules and, to the extent
feasible, with state and local
governmental rules; and
(e) The length of time since the rule
has been evaluated or the degree to
which technology, economic conditions,
or other factors have changed in the area
affected by the rule.
4. Appropriate information has been
provided for each rule, including a brief
description of the rule and the need for,
and legal basis of, the rule. The public
is invited to comment on the rules
chosen for review by the FCC according
to the requirements of section 610 of the
RFA. All relevant and timely comments
will be considered by the FCC before
final action is taken in this proceeding.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (‘‘ECFS’’) or by filing
paper copies. Comments filed through
the ECFS may be sent as an electronic
file via the Internet to https://www.fcc.
gov/cgb/ecfs/. Generally, only one copy
of an electronic submission must be
filed. In completing the transmittal
screen, commenters should include
their full name, U.S. Postal Service
mailing address, and the applicable
docket (proceeding) and ‘‘DA’’ number.
Parties may also submit an electronic
comment by Internet e-mail. To obtain
filing instructions for e-mail comments,
commenters should send an e-mail to
ecfs@fcc.gov, and should include the
following words in the body of the
message: ‘‘get form.’’ A sample form and
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directions will be sent in reply. Parties
who choose to file by paper must file an
original and one copy of each filing.
Again, please include the docket
(proceeding) and ‘‘DA’’ number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
hand-delivered or messenger-delivered
paper filings for the Commission’s
Secretary must be delivered to FCC
Headquarters at 445 12th St., SW., Room
TW–A325, Washington, DC 20554.
Again, please include the docket
(proceeding) and ‘‘DA’’ number.
The filing hours at this location are
8 a.m. to 7 p.m.
All hand deliveries must be held
together with rubber bands or fasteners.
• Any envelopes must be disposed of
before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should
be addressed to 445 12th Street, SW.,
Washington, DC 20554.
• All filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Comments in this proceeding will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
They may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone 202–
488–5300 or 800–378–3160, facsimile
202–488–5563, or via e-mail at fcc@
bcniweb.com. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
For information on the requirements
of the RFA, the public may contact
Carolyn Fleming Williams, Senior
Deputy Director, Office of
Communications Business
Opportunities, 202–418–0990 or visit
https://www.fcc.gov/ocbo.
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
Federal Communications Commission.
Thomas A. Reed,
Director, Office of Communications Business
Opportunities.
Appendix
List of rules for review pursuant to the
Regulatory Flexibility Act of 1980, 5
U.S.C. 610, for the ten-year period
beginning in the year 2000 and ending
in the year 2010. All listed rules are in
Title 47 of the Code of Federal
Regulations.
Part 0—Commission Organization
Subpart A—Organization
Brief Description: Section 0.185 of the
rules sets forth the responsibilities of
the Bureaus and Offices in providing
assistance to the Chief, Public Safety
and Homeland Security Bureau, in the
performance of that person’s duties with
respect to homeland security, national
security, emergency management and
preparedness, disaster management,
defense, and related activities. Section
0.185(e) requires the head of each
Bureau and Office to either serve as
Public Safety/Homeland Security
Liaison to the Public Safety and
Homeland Security Bureau or designate
a Deputy Chief of the Bureau or Office
to serve as liaison.
Need: This rule ensures that the
public safety initiatives of the Public
Safety and Homeland Security Bureau
will be coordinated efficiently and
comprehensively with all the
Commission’s regulatory activities.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155b, 155(c) and 303(r).
Section Number and Title:
0.185(e)—Responsibilities of the
bureaus and staff offices.
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Subpart B—Delegations of Authority
Brief Description: These rules
prescribe the duties that the
Commission authorizes to be performed
by its various Bureaus and Offices.
Section 0.251 delegates authority to the
Office of General Counsel. Section
0.251(i) states that the General Counsel
may perform all administrative
determinations provided for by the Debt
Collection Improvement Act of 1996.
Need: This rule allows the efficient
resolution of monetary claims of the
United States Government that arise
from the activities of the Commission.
Legal Basis: 31 U.S.C. 3711; 47 U.S.C.
152, 153, 154, 155, 301, 303, 307, 308,
309, 315 and 317.
Section Number and Title:
0.251(i)—Authority delegated [to
General Counsel].
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Part 1—Practice and Procedure
Subpart Q—Competitive Bidding
Proceedings
Brief Description: The Part 1 rules
state the general rules of practice and
procedure before the Federal
Communications Commission. Subpart
Q sets forth the provisions
implementing section 309(j) of the
Communications Act of 1934, as
amended, authorizing the Commission
to employ competitive bidding
procedures to resolve mutually
exclusive applications for certain initial
licenses.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under
section 309(j) of the Communications
Act of 1934, as amended, including the
designated entity and tribal land
bidding credit programs.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 157, 225, 303(r) and 309(j).
Section Number and Title:
1.2107(e)—Submission of down
payment and filing of long-form
applications.
1.2110(b), (c), (f)(3)—Designated
entities.
Subpart V—Implementation of Section
706 of the Telecommunications Act of
1996; Commission Collection of
Advanced Telecommunications
Capability Data
Brief Description: Part 1 contains
rules relating to Commission practices
and procedures. Subpart V sets forth the
rules by which certain commercial and
government-controlled entities report
data to the Commission concerning the
deployment of advanced
telecommunications capability, defined
pursuant to 47 U.S.C. 157 as ‘‘highspeed, switched, broadband
telecommunications capability that
enables users to originate and receive
high-quality voice, data, graphics, and
video telecommunications using any
technology,’’ and the deployment of
services that are competitive with
advanced telecommunications
capability.
Need: These rules are needed to
implement the Commission’s data
collection authority with regard to the
deployment of advanced
telecommunications capabilities
pursuant to section 706 of the
Telecommunications Act of 1996.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 225, 303(r) and 309.
Section Number and Title:
1.7000—Purpose.
1.7001—Scope and content of filed
reports.
1.7002—Frequency of reports.
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Part 20—Commercial Mobile Radio
Services
Brief Description: These rules make
following adjustments to the
deployment schedule that must be
followed by wireless carriers that
choose to implement enhanced 911
Phase II service using a handset-based
technology. The rules defer the date for
initial distribution of Automatic
Location Identification (ALI)-capable
handsets by seven months, adjust the
timetable for carriers to meet certain
interim benchmarks for activating new
ALI-capable handsets, defer the date by
which a carrier must achieve full
penetration of ALI-capable handsets
until December 31, 2005, modify the
manner in which the Commission
defines full penetration by adopting a
requirement that carriers achieve 95
percent penetration of ALI-capable
handsets by the December 31, 2005 date,
eliminate the separate handset phase-in
schedule triggered by a request from a
Public Safety Answering Point, and
extend the deadline for carriers to file
Phase II enhanced 911 implementation
reports.
Need: These rules establish a more
practical, understandable, and workable
schedule for implementation of handsetbased ALI solutions for enhanced 911
Phase II service.
Legal Basis: 47 U.S.C. 154, 160, 251–
254, 303, and 332 unless otherwise
noted.
Section Number and Title:
20.18(g)(1), (g)(2); and 20.18(i)—911
service.
Part 22—Public Mobile Services
Subpart H—Cellular Radiotelephone
Service
Brief Description: Part 22 contains the
rules relating to the Public Mobile
Services, specifically, the rules
establishing the requirements and
conditions under which radio stations
may be licensed and used in those
services. Subpart H sets forth the rules
governing the licensing and operation of
cellular radiotelephone systems.
Need: The rule establishes the terms
and conditions under which parties in
this service can seek and obtain
approval for partitioning and/or
disaggregation of a license.
Legal Basis: 47 U.S.C. 154, 222, 303,
309 and 332.
Section Number and Title:
22.948—Partitioning and
disaggregation.
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
Part 24—Personal Communications
Services
Subpart D—Narrowband PCS
Brief Description: Part 24 contains the
rules relating to the Personal
Communications Services (PCS),
specifically, the rules establishing the
requirements and conditions under
which radio stations may be licensed
and used in those services. Subpart D
sets forth the rules governing the
licensing and operation of narrowband
PCS systems authorized in the 901–902,
930–931, and 940–941 MHz bands (900
MHz band).
Need: The rule establishes the terms
and conditions under which parties in
this service can seek and obtain
approval for partitioning and/or
disaggregation of a license.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 309 and 332.
Section Number and Title:
24.104—Partitioning and
disaggregation.
Subpart F—Competitive Bidding
Procedures for Narrowband PCS
Brief Description: Part 24 contains the
rules relating to the Personal
Communications Services (PCS),
specifically, the rules establishing the
requirements and conditions under
which radio stations may be licensed
and used in those services. Subpart F
sets forth the rules governing mutually
exclusive initial applications for
narrowband PCS service licenses, which
are subject to competitive bidding.
Need: These rules are needed to
implement the Commission’s
competitive bidding authority under
section 309(j) of the Communications
Act of 1934, as amended.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 309 and 332.
Section Number and Title:
24.321—Designated entities.
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Subpart H—Competitive Bidding
Procedures for Broadband PCS
Brief Description: Part 24 contains the
rules relating to the Personal
Communications Services (PCS),
specifically, the rules establishing the
requirements and conditions under
which radio stations may be licensed
and used in those services. Subpart H
sets forth the provisions implementing
section 309(j) of the Communications
Act of 1934, as amended, authorizing
the Commission to employ competitive
bidding procedures to resolve mutually
exclusive applications for initial
licenses.
Need: These rules are needed to set
forth licensing requirements and to
implement the Commission’s
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competitive bidding authority under 47
U.S.C. 309(j).
Legal Basis: 47 U.S.C. 151, 154, 155,
157, 225, 301, 302, 303, 309 and 332.
Section Number and Title:
24.709—Eligibility for licenses for
frequency Blocks C or F.
Subpart I—Interim Application,
Licensing, and Processing Rules for
Broadband PCS
Brief Description: Part 24 contains the
rules relating to the Personal
Communications Services (PCS),
specifically, the rules establishing the
requirements and conditions under
which radio stations may be licensed
and used in those services. Subpart I
sets forth the rules governing interim
applications, licensing, and other
procedural rules for broadband PCS.
Need: This rule clarifies that no
frequency Block C or Block F won in
closed bidding can be assigned or
transferred unless the application for
assignment or transfer of control is filed
on or after the date the initial licensee
has notified the Commission that it has
met its five-year construction build-out
requirement.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 309 and 332.
Section Number and Title:
24.839(a)(6)—Transfer of control or
assignment of license.
Part 27—Miscellaneous Wireless
Communications Services
Subpart A—General Information
Brief Description: Part 27 contains the
Commission rules relating to
miscellaneous wireless communications
services (WCS), specifically, the
conditions under which spectrum is
made available and licensed for the
provision of wireless communications
services in the 2305–2320 MHz and
2345–2360 MHz; 746–763 MHz, 775–
793 MHz, and 805–806 MHz; 698–746
MHz; (4) 1390–1392 MHz; 1392–1395
MHz and 1432–1435 MHz; 1670–1675
MHz; 1710–1755 MHz and 2110–2155
MHz; and 2495–2690 MHz bands.
Subpart A sets for the conditions and
parameters under which WCS licenses
will be authorized.
Need: The rules set forth the
availability of certain frequencies and
services areas that certain WCS
licensees may use.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336 and 337.
Section Number and Title:
27.5(b)—Frequencies.
27.6(b)—Service areas.
Subpart B—Applications and Licenses
Brief Description: Part 27 contains the
Commission rules relating to
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miscellaneous wireless communications
services (WCS), specifically, the
conditions under which spectrum is
made available and licensed for the
provision of wireless communications
services in the 2305–2320 MHz and
2345–2360 MHz; 746–763 MHz, 775–
793 MHz, and 805–806 MHz; 698–746
MHz; (4) 1390–1392 MHz; 1392–1395
MHz and 1432–1435 MHz; 1670–1675
MHz; 1710–1755 MHz and 2110–2155
MHz; and 2495–2690 MHz bands.
Subpart B sets forth the terms and
conditions under which parties may
apply and receive authorization to
operate a WCS system.
Need: These rules clarify that an
applicant and licensee may provide a
variety of services (e.g., common carrier,
private internal, broadcast, etc.) within
a single authorization, provided the
licensee complies with all other
applicable Commission rules; they also
establish the procedural rules that
applicants must follow to obtain
Commission authorization for a given
WCS service.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336 and 337.
Section Number and Title:
27.10—Regulatory status.
27.11(c)—Initial authorization.
Subpart C—Technical Standards
Brief Description: Part 27 contains the
Commission rules relating to
miscellaneous wireless communications
services (WCS), specifically, the
conditions under which spectrum is
made available and licensed for the
provision of wireless communications
services in the 2305–2320 MHz and
2345–2360 MHz; 746–763 MHz, 775–
793 MHz, and 805–806 MHz; 698–746
MHz; (4) 1390–1392 MHz; 1392–1395
MHz and 1432–1435 MHz; 1670–1675
MHz; 1710–1755 MHz and 2110–2155
MHz; and 2495–2690 MHz bands.
Subpart C sets forth the various
technical standards with which a WCS
licensee must comply.
Need: These rules set forth emission
limitations for WCS licensees in various
bands; establish standards such that
WCS licensees will not harmfully
interfere with television or DTV
broadcasting; and establish procedures
and consequences for when a WCS
licensee, either voluntarily or
involuntarily, discontinues operations.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336 and 337.
Section Number and Title:
27.53(c), (d), (e)—Emission limits.
27.60—TV/DTV interference
protection criteria.
27.66—Discontinuance, reduction, or
impairment of service.
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
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Subpart F—Competitive Bidding
Procedures for the 698–806 MHz Band
Brief Description: Part 27 contains the
Commission rules relating to
miscellaneous wireless communications
services (WCS), specifically, the
conditions under which spectrum is
made available and licensed for the
provision of wireless communications
services in the 2305–2320 MHz and
2345–2360 MHz; 746–763 MHz, 775–
793 MHz, and 805–806 MHz; 698–746
MHz; (4) 1390–1392 MHz; 1392–1395
MHz and 1432–1435 MHz; 1670–1675
MHz; 1710–1755 MHz and 2110–2155
MHz; and 2495–2690 MHz bands.
Subpart F sets forth the rules by which
mutually exclusive applications in the
698–806 MHz band will be considered.
Need: These rules implement the
Commission’s competitive bidding
authority under 47 U.S.C. 309(j) for
initial applications in the 698–806 MHz
bands.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336 and 337.
Section Number and Title:
27.501—746–763 MHz, 775–793 MHz,
and 805–806 MHz bands subject to
competitive bidding.
27.502—Designated entities.
Subpart G—Guard Band A and B Blocks
(757–758/787–788 MHz and 775–776/
805–806 MHz Bands)
Brief Description: Part 27 contains the
Commission rules relating to
miscellaneous wireless communications
services (WCS), specifically, the
conditions under which spectrum is
made available and licensed for the
provision of wireless communications
services in the 2305–2320 MHz and
2345–2360 MHz; 746–763 MHz, 775–
793 MHz, and 805–806 MHz; 698–746
MHz; (4) 1390–1392 MHz; 1392–1395
MHz and 1432–1435 MHz; 1670–1675
MHz; 1710–1755 MHz and 2110–2155
MHz; and 2495–2690 MHz bands.
Subpart G sets forth the rules under
which guard band A and B block
licensees may operate.
Need: These rules establish the
procedural parameters under which a
guard band A and B block licensee may
receive an authorization and operate,
including the requirements should such
a licensee lease a portion of its
spectrum.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336 and 337.
Section Number and Title:
27.601—Authority and coordination
requirements.
27.602—Lease agreements.
27.604—Limitation on licenses won at
auction.
27.607—Performance requirements
and annual reporting requirement.
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Part 51—Interconnection
Subpart C—Obligations of All Local
Exchange Carriers
Brief Description: This subsection
generally implements section 251(c) of
the Communications Act of 1934, as
amended. Section 51.230 provides that
advanced services loop technologies are
presumed acceptable for deployment
under specific circumstances. It further
provides that incumbent local exchange
carriers cannot deny a carrier’s request
to deploy a technology that is presumed
acceptable for deployment without first
demonstrating to the relevant state
commission that deployment of that
technology would significantly degrade
performance of other advanced services
or traditional voiceband services.
Finally, a carrier seeking to establish
that the deployment of a specific
technology falls within the presumption
of acceptability bears the burden of
demonstrating to the relevant state
commission that its proposed
deployment meets the threshold for a
presumption of acceptability and will
not, in fact, significantly degrade
performance of other advanced services
or traditional voice band services.
Need: These rules are necessary to
foster a competitive market in the
telecommunications industry, and to
promote the deployment of broadband
infrastructure and other network
investment. These rules also ensure that
competitors receive prompt and
accurate notice of changes that could
affect their ability to interconnect with
the incumbent’s network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2)
and (6) and 251(d).
Section Number and Title:
51.230—Presumption of acceptability
for deployment of an advanced services
loop technology.
Brief Description: This subsection
generally implements section 251(c) of
the Communications Act of 1934, as
amended. Section 51.231 provides that
incumbent local exchange carriers must
provide particular information to
carriers requesting access to a loop or
high-frequency portion of the loop to
provide advanced services. The
requesting carrier must provide to the
incumbent LEC information on the type
of technology the carrier seeks to
deploy, both at the time it seeks access
to a loop or high frequency portion of
a loop to provide advanced services and
when notifying the incumbent LEC of
any proposed change in the advanced
services technology that the carrier uses
on the loop.
Need: These rules are necessary to
foster a competitive market in the
telecommunications industry, and to
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promote the deployment of broadband
infrastructure and other network
investment. These rules also ensure that
competitors receive prompt and
accurate notice of changes that could
affect their ability to interconnect with
the incumbent’s network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2)
and (6) and 251(d).
Section Number and Title:
51.231—Provision of information on
advanced services deployment.
Brief Description: This subsection
generally implements section 251(c) of
the Communications Act of 1934, as
amended. Section 51.232 prohibits
incumbent local exchange carriers from
designating, segregating or reserving
particular loops or binder groups for use
solely by any particular advanced
services loop technology, except for
loops on which a known disturber is
deployed. The rule also specifies that
any party seeking designation as a
known disturber should file a petition
for declaratory ruling with the
Commission.
Need: These rules are necessary to
foster a competitive market in the
telecommunications industry, and to
promote the deployment of broadband
infrastructure and other network
investment. These rules also ensure that
competitors receive prompt and
accurate notice of changes that could
affect their ability to interconnect with
the incumbent’s network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2)
and (6) and 251(d).
Section Number and Title:
51.232—Binder group management.
Brief Description: This subsection
generally implements section 251(c) of
the Communications Act of 1934, as
amended. Section 51.233 sets forth the
steps that must be taken by a carrier
claiming that a deployed advanced
service is significantly degrading the
performance of other advanced services,
including notifying the deploying
carrier and allowing that carrier a
reasonable opportunity to correct the
problem. The rule provides that, where
a carrier demonstrates that a deployed
technology is significantly degrading the
performance of other advanced services
or traditional voice-band services, the
deploying carrier must discontinue
deployment of that technology and
migrate its customers to technologies
that will not significantly degrade the
performance of other such services. The
rule further specifies that, if the asserted
degradation goes unresolved, the carrier
whose services are being degraded must
make a showing of degradation before
the relevant state commission.
Need: These rules are necessary to
foster a competitive market in the
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Proposed Rules
telecommunications industry, and to
promote the deployment of broadband
infrastructure and other network
investment. These rules also ensure that
competitors receive prompt and
accurate notice of changes that could
affect their ability to interconnect with
the incumbent’s network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2)
and (6) and 251(d).
Section Number and Title:
51.233—Significant degradation of
services caused by deployment of
advanced services.
Subpart D—Additional Obligations of
Incumbents Local Exchange Carriers
Brief Description: This subsection
implements section 251(c) of the
Communications Act of 1934, as
amended. Section 51.323(l) sets forth
deadlines within which an incumbent
LEC must offer to provide, and provide,
all forms of physical collocation, except
in circumstances where a state sets its
own deadlines or the incumbent LEC
has demonstrated to the state
commission that physical collocation is
not practical for technical reasons or
because of space limitations.
Need: These rules are necessary to
foster a competitive market in the
telecommunications industry, and to
promote the deployment of broadband
infrastructure and other network
investment. They help ensure that
competitors are able to collocate
incumbent LEC premises in a timely
manner, in accordance with section
251(c)(6) of the Communications Act.
Legal Basis: 47 U.S.C. 251(c)(6).
Section Number and Title:
51.323(l)—Standards for physical
collocation and virtual collocation.
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Subpart G—Resale
Brief Description: These subsections
generally implement section 251(b)(5) of
the Communications Act of 1934, as
amended. Sections 51.605(c) through (e)
help define which incumbent LEC
services are subject to the resale
obligations in section 251(b)(5) and
other Commission rules. These rules
exempt from the scope of that resale
obligation exchange-access services
(except to the extent that they are
advanced telecommunications services
that are sold on a retail basis to
residential and business end-users that
are not telecommunications carriers)
and advanced telecommunications
services sold to ISPs as an input
component to the ISPs’ retail Internet
service offerings. These rules also
prohibit the incumbent LEC from
placing restrictions on the resale of such
services in certain circumstances.
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Need: These rules are necessary to
ensure that the incumbent LECs and
their competitors understand the scope
of the incumbent LECs resale
obligations under section 251(b)(5).
Legal Basis: 47 U.S.C. 251(b)(5).
Section Number and Title:
51.605(c) through (e)—Additional
obligations of incumbent local exchange
carriers.
Part 52—Numbering
Subpart A—Scope and Authority
Brief Description: Section 52.5(i) sets
forth the definition of ‘‘service
provider’’ as used in the Commission’s
rules governing numbering.
Need: This rule is necessary to allow
the Commission to monitor closely the
way numbering resources are used
within the North American Numbering
Plan (‘‘NANP’’).
Legal Basis: 47 U.S.C. 201–205 and
251.
Section Number and Title:
52.5(i)—Definitions.
Subpart B—Administration
Brief Description: Section 52.7(g)
through (j) sets forth definitions of terms
used in the Commission’s rules
governing thousands-block pooling.
Need: This rule is necessary to allow
the Commission to monitor closely the
way numbering resources are used
within the NANP.
Legal Basis: 47 U.S.C. 201–205 and
251.
Section Number and Title:
52.7(g) through (j)—Definitions.
Brief Description: Section 52.15(f)
through (j) sets forth a mandatory data
reporting requirement, a uniform set of
categories of numbers for which carriers
must report their utilization,
requirements for applications for
numbering resources, a utilization
threshold framework to increase carrier
accountability and incentives to use
numbers efficiently, and procedures for
reclamation of numbering resources.
Need: This rule is necessary to allow
the Commission to monitor closely the
way numbering resources are used
within the NANP.
Legal Basis: 47 U.S.C. 201–205 and
251.
Section Number and Title:
52.15(f) through (j)—Central office
code administration.
Subpart C—Number Portability
Brief Description: Section 52.20
specifies that all carriers capable of
providing local number portability must
participate in thousands-block number
pooling where it is implemented and
consistent with the national thousands-
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block number pooling framework
established by the Commission. The
rule requires that all carriers required to
participate in thousands-block number
pooling must donate thousands-blocks
with less than ten percent
contamination to the thousands-block
number pool for the rate center within
which the numbering resources are
assigned. However, the rule permits
those service providers to maintain at
least one thousands-block per rate
center, even if less than ten percent
contaminated, as an initial block or
footprint block. Telephone numbers
assigned to customers of service
providers from donated thousandsblocks that are contaminated will be
ported back to the donating service
provider. Finally, the rule provides for
a Thousands-Block Pooling
Administrator.
Need: This rule is necessary to
address and resolve one of the major
factors that contributes to numbering
resource exhaust: The allocation of
numbers in blocks of 10,000,
irrespective of the carrier’s actual need
for new numbers.
Legal Basis: 47 U.S.C. 201–205 and
251.
Section Number and Title:
52.20—Thousands-block number
pooling.
Part 54—Universal Service
Subpart D—Universal Service Support
for High Cost Areas
Brief Description: These rules specify
the requirements for the high-cost
support mechanism. These rules
provide requirements for how high-cost
support will be calculated and
distributed to eligible
telecommunications providers.
Need: In implementing statutory
requirements for the high-cost program
of the universal service support
mechanism, these rules ensure that rates
in rural, insular and high-cost areas are
‘‘reasonably comparable’’ to rates
charged for similar services in urban
areas.
Legal Basis: 47 U.S.C. 254(b).
Section Numbers and Title:
54.311(d)—Interim hold-harmless
support for non-rural carriers.
Subpart E—Universal Service Support
for Low-Income Consumers
Brief Description: These rules specify
the requirements for the support
mechanism for low-income consumers.
These rules provide the eligibility
requirements for low-income consumers
receiving discounted rates for services
under the Lifeline and Link-up
programs and the requirements for how
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reimbursements for low-income support
will be calculated and distributed to
eligible telecommunications providers.
Need: In implementing statutory
requirements for the low-income
program of the universal service support
mechanism, these rules ensure that lowincome consumers, including eligible
residents of Tribal lands, have access to
quality services at just, reasonable, and
affordable rates.
Legal Basis: 47 U.S.C. 151, 154(i), 201,
205 and 254(b).
Section Numbers and Titles:
54.400(e)—Terms and definitions.
54.403(a)(4)—Lifeline support
amount.
54.409(c)—Consumer qualification for
Lifeline.
54.411(d)—Link-Up program defined.
Subpart J—Interstate Access Universal
Service Support Mechanism
Brief Description: These rules provide
requirements for the calculation and
distribution of support to price-cap
carriers as implicit universal service
subsidies are removed from their
interstate-access rates.
Need: In implementing the statutory
requirements, these rules ensure that the
universal service interstate-access
support mechanism is specific,
predictable and sufficient as it moves
from implicit to explicit subsidies.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–209, 218–222, 254 and 403.
Section Numbers and Titles:
54.800—Terms and definitions.
54.801—General.
54.802—Obligations of local exchange
carriers and the Administrator.
54.803—Universal service zones.
54.804—Preliminary minimum access
universal service support for a study
area calculated by the Administrator.
54.805—Zone and study area above
benchmark revenues calculated by the
Administrator.
54.806—Calculation by the
Administrator of interstate access
universal service support for areas
served by price cap local exchange
carriers.
54.807—Interstate access universal
service support.
54.808—Transition provisions and
periodic calculation.
54.809—Carrier certification.
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Part 61—Tariffs
Subpart A—General
Brief Description: The Part 61 rules
are designed to implement the
provisions of sections 201, 202, 203, and
204 of the Communications Act of 1934,
as amended, and help ensure that rates
are just, reasonable, and not unjustly or
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unreasonably discriminatory. These
rules govern the filing, form, content,
public-notice periods, and
accompanying support materials for
tariffs. Section 61.3 sets out definitions
for terms used in this Part.
Need: Sections 61.3 (qq) through (zz)
were adopted to define terms used
elsewhere in the Commission’s tariff
regulations applicable to interstate,
domestic, interexchange services.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205 and 403.
Section Number and Title:
61.3(qq) through (zz)—Definitions.
Subpart E—General Rules for Dominant
Carriers
Brief Description: The Part 61 rules
are designed to implement the
provisions of sections 201, 202, 203, and
204 of the Communications Act of 1934,
as amended, and help ensure that rates
are just, reasonable, and not unjustly or
unreasonably discriminatory. These
rules govern the filing, form, content,
public notice periods, and
accompanying support materials for
tariffs. Section 61.42 identifies which
services carriers are to include in their
price cap baskets. These price-cap
baskets are then used, among other
things, in determining price-cap indices
and price cap regulation generally.
Need: Section 61.42(e)(3) was adopted
to specify to carriers what service
categories and subcategories they must
include in their Actual Price Index (API)
for the special access services basket.
The API is used in connection with any
price-cap tariff filing proposing rate
changes.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205 and 403.
Section Number and Title:
61.42(e)(3)—Price cap baskets and
service categories.
Part 64—Miscellaneous Rules Relating
to Common Carriers
Subpart D—Procedures for Handling
Priority Services in Emergencies
Brief Description: Section 64.402
specifies that commercial mobile radio
service providers that elect to provide
priority access service to National
Security and Emergency Preparedness
personnel must adhere to uniform
operating protocols.
Need: These provisions are necessary
to implement the Commission’s
responsibility to provide, in the most
efficient manner, access to
communications infrastructures in order
to respond effectively to emergency and
disaster situations.
Legal Basis: 47 U.S.C. 202, 205, 302
and 303.
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Section Number and Title:
64.402—Policies and procedures for
the provision of priority access service
by commercial mobile radio service
providers.
Part 68—Connection of Terminal
Equipment to the Telephone Network
Subpart C—Terminal Equipment
Approval Procedures
Brief Description: Part 68, Subpart C,
sets forth the rules under which
terminal equipment is approved and
associated inside (or ‘‘premises’’) wiring
may be connected to the public
telephone network. Section 68.213, in
particular, establishes rules for
‘‘unprotected’’ premises wiring in
simple installations of up to four-line
telephone service. The rules authorize
premises owners or customers to install
and/or maintain wiring on the customer
side of the demarcation point, provided
that conditions set forth in the rules are
met. The rules also establish material
requirements for wire and connectors
used in such installations, including
electrical and labeling requirements.
Need: These rules provide uniform
standards to protect the public
telephone network from harms caused
by terminal equipment and the
associated wiring thereto, and ensure
that consumer utility of traditional
voiceband and advanced services will
not be hampered by poor quality inside
wiring, while enabling terminal
equipment and premises wiring to be
provided competitively.
Legal Basis: 47 U.S.C. 151, 154(i),
151(j), 161, 201–205 and 218, 220, 256,
405, and 5 U.S.C. sections 552 and 553.
Section Number and Title:
68.213(c)—Installation of other than
‘‘fully protected’’ non-system simple
customer premises wiring.
Part 69—Access Charges
Subpart C—Computation of Charges for
Price Cap Local Exchange Carriers
Brief Description: The Part 69 rules
are designed to implement the
provisions of sections 201 and 202 of
the Communications Act of 1934, as
amended, and protect consumers by
preventing the exercise of market power
by incumbent LECs. These rules help
ensure that rates are just, reasonable,
and not unjustly or unreasonably
discriminatory. Specifically, § 69.158
facilitates the phase out of implicit
subsidies in the access charge regime by
making the recovery of LEC universal
service charges from end users explicit.
Need: Section 69.158 allows for the
LECs’ recovery of charges for an
explicit, portable interstate access
universal service support mechanism.
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Legal Basis: 47 U.S.C. 154, 201–203,
205, 218, 220, 254 and 403.
Section Number and Title:
69.15—Universal service end user
charges.
Part 73—Radio Broadcast Services
Subpart B—FM Broadcast Stations
Brief Description: This rule identifies
Part G as the part of the rules which
establish protection standards for fullpower stations from the operations of
LPFM stations.
Need: This rule clarifies the structure
of the FM interference protection
scheme.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.209(c)—Protection from
interference.
Brief Description: This rule sets forth
a transition rule for stations previously
licensed under more permissive Class C
antenna height and power requirements.
Need: This rule is needed to provide
a basis for a certain class of stations to
retain their rights as Class C stations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.211(d)—Power and antenna height
requirements.
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Subpart D—Noncommercial
Educational FM Broadcast Stations
Brief Description: This rule identifies
Part K as the part of the rules which set
forth the procedures for choosing among
mutually exclusive applications for
noncommercial educational FM
stations.
Need: This rule clarifies the structure
of the noncommercial educational FM
licensing rules.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.503(e)—Licensing requirements
and service.
Brief Description: This rule identifies
Part I as the part of the rules which set
forth the procedures for choosing among
mutually exclusive applications in
circumstances in which at least one
commercial FM application is mutually
exclusive with at least one
noncommercial educational FM
application.
Need: This rule clarifies the structure
of the commercial and noncommercial
educational FM licensing rules.
Legal Basis: 47 U.S.C. 154, 303 and
309.
Section Number and Title:
73.513(b)—Noncommercial
educational FM stations operating on
unreserved channels.
Brief Description: This rule identifies
Part G as the part of the rules which
establish protection standards for
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noncommercial educational full-power
stations from the operations of LPFM
stations.
Need: This rule clarifies the structure
of the FM interference protection
scheme.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.514—Protection from interference.
Brief Description: This rule sets forth
community of license signal coverage
requirements for noncommercial
educational FM stations.
Need: This rule is necessary to ensure
that every noncommercial educational
station provides an adequate strength
signal to its community of license.
Legal Basis: 47 U.S.C. 154, 303 and
307.
Section Number and Title:
73.515—NCE FM transmitter location.
Subpart E—Television Broadcast
Stations
Brief Description: This rule provides
the criteria that an applicant for a new
full power television station or
modification to existing full power
television station must meet in order to
protect a Class A television station.
Need: Protection criteria is necessary
to protect the operations of Class A
television stations and to ensure that
new or modified full power television
station operate without creating harmful
interference.
Legal Basis: 47 U.S.C. 154, 303, 334
and 336.
Section Number and Title:
73.613—Protection of Class A TV
stations.
Brief Description: This rule specifies
that mutually exclusive applications for
noncommercial educational TV stations
operating on reserved channels shall be
resolved pursuant to the point system.
Need: The point system is needed to
continue to foster the growth of
noncommercial broadcasting. The point
system clearly expresses the public
interest factors that the Commission
finds important in noncommercial
educational broadcasters and selects the
applicant who best exemplifies those
criteria in an objective manner.
Legal Basis: 47 U.S.C. 154, 303, 334
and 336.
Section Number and Title:
73.621(h)—Noncommercial
educational TV stations.
Brief Description: This rule specifies
that DTV station applications proposing
to expand the DTV station’s authorized
service area must not cause interference
to a Class A TV station or a digital Class
A TV Station.
Need: This rule is required because
Class A licensees have ‘‘primary’’ status
as television broadcasters; thereby they
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have a measure of protection from fullservice DTV television stations.
Legal Basis: 47 U.S.C. 154, 303, 334
and 336.
Section Number and Title:
73.623(c)(5), (d) and (e)—DTV
applications and changes to DTV
allotments.
Subpart G—Low Power FM Broadcast
Stations (LPFM)
Brief Description: This rule sets forth
complaint and license modification
procedures for LPFM stations causing
interference to full-power stations
operating on third adjacent channels.
Need: The Local Community Radio
Act, enacted on January 4, 2011,
requires the Commission to modify its
rules to eliminate third-adjacent
minimum distance separation
requirements between LPFM stations
and FM, FM translator, and FM booster
stations. The Commission will initiate a
rulemaking in 2011 to conform this rule
to the new legislation.
Legal Basis: 47 U.S.C. 154, 303 and
316.
Section Number and Title:
73.810—Third adjacent channel
complaint and license modification
procedure.
Brief Description: This rule sets forth
complaint procedures in circumstances
in which an LPFM station causes
interference to the input signal of an FM
translator or FM booster station.
Need: The Local Community Radio
Act changed the distance separation
requirements between LPFM stations
and FM translators and FM booster
stations. The Commission will initiate a
rulemaking in 2011 to conform these
complaint procedures to the new
legislation.
Legal Basis: 47 U.S.C. 154, 303 and
316.
Section Number and Title:
73.827—Interference to the input
signals of FM translator or FM booster
stations.
Subpart H—Rules Applicable to All
Broadcast Stations
Brief Description: This rule requires
each broadcast station to maintain a
local or toll-free telephone number in its
community of license.
Need: This rule is necessary to
promote the localism goals on which the
main studio rule is based.
Legal Basis: 47 U.S.C. 154, 303 and
307.
Section Number and Title:
73.1125(e)—Station main studio
location.
Brief Description: This rule identifies
part K as the part of the rules which sets
forth restrictions on the assignment or
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transfer of licenses awarded pursuant to
noncommercial educational
comparative procedures.
Need: This rule is unnecessary. The
applicability of the part K rules and
their requirements are clearly set forth
therein.
Legal Basis: 47 U.S.C. 154, 303 and
309.
Section Number and Title:
73.1150(d)—Transferring a station.
Brief Description: This rule provides
the maximum level that may be
exceeded by the carrier frequency of a
station in the Class A Television
Service.
Need: This rule is necessary so that
parties seeking to construct stations in
the Class A Television Service may
specify their proposed facilities and the
Commission staff review such facilities
before granting a construction permit.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.1545(e)—Carrier frequency
departure tolerances.
Brief Description: This rule sets forth
the procedures for LPFM stations to
operate pursuant to program test
authority.
Need: This rule is necessary to permit
the prompt initiation of authorized new
service from LPFM stations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.1620(a)(5)—Program tests.
Brief Description: This rule sets forth
the minimum number of hours that
stations in the Class A Television
Service must operate each week.
Need: This rule is necessary so that
stations in the Class A Television
Service continue to fully utilize their
assigned channel and to serve the public
interest.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.1740(a)(5)—Minimum operating
schedule.
Brief Description: This rule provides
that stations in the Class A Television
Service must maintain documentation
in their local public inspection file as to
their Class A TV continuing eligibility.
Need: This rule is necessary so that
stations are able to demonstrate that
they continue to be eligible for Class A
TV status and so that the public and
Commission staff can verify their
claimed eligibility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.3526(e)(17)—Local public
inspection file of commercial stations.
Brief Description: This rule provides
that stations in the Class A Television
Service must give notice of the filing of
an application for license.
Need: This rule is necessary so that
the public is made aware of the filing of
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an application for license by a station in
the Class A Television Service and the
procedures for commenting on such
application.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.3580(d)(5)—Local public notice of
filing of broadcast applications.
Brief Description: This rule sets forth
the procedures for filing petitions to
deny requests for the involuntary
downgrading of Class C FM stations to
Class C0.
Need: This rule is necessary to clarify
the pleading procedures that apply in
circumstances in which an application
is filed which is mutually exclusive
with an authorized Class C station
operating at less than full Class C
antenna height and/or power minimum
requirements.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.3584(d)—Procedure for filing
petitions to deny.
Subpart J—Class A Television Broadcast
Stations
Brief Description: This rule provides
the definitions that will be used
throughout subpart J of 47 CFR part 73.
Need: Certain terms need to be
defined so as to make clear their usage
in subpart J of 47 CFR Part 73 and to
avoid having to restate their definition
each time they are used.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6000—Definitions.
Brief Description: This rule provides
the procedures that applicants seeking
new facilities in the Class A Television
Service must follow to obtain a
construction permit for such facilities
and the required types of service they
must provide in order to retain their
Class A status.
Need: These procedures and policies
are necessary in order that applicants
for new Class A Television Service may
specify their proposed facilities and the
Commission staff review such facilities
before granting a construction permit.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6001—Eligibility and service
requirements.
Brief Description: This rule provides
the requirements that applicants seeking
new facilities in the Class A Television
Service must meet in order to obtain a
station in this service.
Need: It is necessary to set out the
qualifications for Class A television
stations so that applicants for these
facilities can make a demonstration of
eligibility in their applications and
Commission staff can review their
qualifications prior to granting a
construction permit.
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Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6002—Licensing requirements.
Brief Description: This rule provides
the channels that are not available to
applicants for Class A television
stations.
Need: A list of channels that are not
available for Class A television stations
is necessary so that applicants in this
service may decide the best operational
channel for their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6006—Channel assignments.
Brief Description: This rule provides
the power limitations for applicants
seeking Class A television stations.
Need: This rule is necessary so that
applicants for Class A television stations
don’t specify too great an operational
power and so applicants may decide the
best operational parameters for their
new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6007—Power limitations.
Brief Description: This rule provides
the method for applicants seeking Class
A television stations to make distance
computations between two reference
points.
Need: This rule is necessary so that
applicants for Class A television stations
are able to correctly calculate the
distance between two reference points
in their applications and to properly
configure the operational parameters for
their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6008—Distance computations.
Brief Description: This rule outlines
the operational area of a Class A
television station that must be protected
from harmful interference by other
broadcast stations.
Need: This rule is necessary so that
applicants for broadcast facilities will
know that operational area or ‘‘contour’’
of a Class A television station that must
be protected from harmful interference
so that such applicants are able to
properly configure the operational
parameters for their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6010—Class A TV station
protected contour.
Brief Description: This rule outlines
those full power television stations that
Class A television stations must protect
from harmful interference.
Need: This rule is necessary so that
applicants for Class A television stations
will be able to determine which full
power television stations they must
protect from harmful interference so
that such applicants are able to properly
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configure the operational parameters of
their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6011—Protection of TV broadcast
stations.
Brief Description: This rule outlines
those Class A television, low power
television and TV translator stations
that a Class A television station seeking
to modify its facilities must protect from
harmful interference.
Need: This rule is necessary so that
applicants for modification to a Class A
television station will be able to
determine which broadcast stations they
must protect from harmful interference
so that such applicants are able to
properly configure the operational
parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6012—Protection of Class A TV,
low power TV and TV translator
stations.
Brief Description: This rule outlines
those full power digital television
stations that a Class A television station
seeking to modify its facilities must
protect from harmful interference.
Need: This rule is necessary so that
applicants for modification to a Class A
television station will be able to
determine which full power digital
television stations they must protect
from harmful interference so that such
applicants are able to properly configure
the operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6013—Protection of DTV stations.
Brief Description: This rule outlines
those Class A digital television stations
that a Class A television station seeking
to modify its facilities must protect from
harmful interference.
Need: This rule is necessary so that
applicants for modification to a Class A
television station will be able to
determine which Class A digital
television stations they must protect
from harmful interference so that such
applicants are able to properly configure
the operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6014—Protection of digital Class A
TV stations.
Brief Description: This rule outlines
those full power television stations that
a digital Class A television station
seeking to modify its facilities must
protect from harmful interference.
Need: This rule is necessary so that
applicants for modification to a digital
Class A television station will be able to
determine which full power television
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stations they must protect from harmful
interference so that such applicants are
able to properly configure the
operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6016—Digital Class A TV station
protection of TV broadcast stations.
Brief Description: This rule outlines
those Class A television and digital
Class A television stations that a digital
Class A television station seeking to
modify its facilities must protect from
harmful interference.
Need: This rule is necessary so that
applicants for modification to a digital
Class A television station will be able to
determine which Class A and digital
Class A television stations they must
protect from harmful interference so
that such applicants are able to properly
configure the operational parameters of
their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6017—Digital Class A TV station
protection of Class A TV and digital
Class A TV stations.
Brief Description: This rule outlines
those full power digital television
stations that a digital Class A television
station seeking to modify its facilities
must protect from harmful interference.
Need: This rule is necessary so that
applicants for modification to a digital
Class A television station will be able to
determine which full power digital
television stations they must protect
from harmful interference so that such
applicants are able to properly configure
the operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6018—Digital Class A TV station
protection of DTV stations.
Brief Description: This rule outlines
those low power television, TV
translator, digital low power television
and digital TV translator stations that a
digital Class A television station seeking
to modify its facilities must protect from
harmful interference.
Need: This rule is necessary so that
applicants for modification to a digital
Class A television station will be able to
determine which low power television,
TV translator, digital low power
television and digital TV translator
stations they must protect from harmful
interference so that such applicants are
able to properly configure the
operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6019—Digital Class A TV station
protection of low power TV, TV
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translator, digital low power TV and
digital TV translator stations.
Brief Description: This rule outlines
those stations in the land mobile radio
service that a digital Class A television
station seeking to modify its facilities
must protect from harmful interference.
Need: This rule is necessary so that
applicants for modification to a digital
Class A television station will be able to
determine which stations in the land
mobile radio service they must protect
from harmful interference so that such
applicants are able to properly configure
the operational parameters of their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6020—Protection of stations in the
land mobile radio service.
Brief Description: This rule provides
that Class A television stations may
negotiate interference agreements with
full power television, digital full power
television, low power television, TV
translator and other Class A television
stations.
Need: This rule is necessary so that
Class A television stations will know
the parameters by which they may
negotiate interference agreements so
that Class A television stations are able
to properly configure the operational
parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6022—Negotiated interference and
relocation agreements.
Brief Description: This rule provides
that Class A television stations may
operate distributed transmission
systems.
Need: This rule is necessary so that
Class A television stations understand
that they may operate distributed
transmission systems in order to
properly configure the operational
parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6023—Distributed transmission
systems.
Brief Description: This rule provides
the transmission standards and system
requirements that Class A television
stations must follow.
Need: This rule is necessary so that
Class A television stations understand
how they may operate their stations in
order to properly configure the
operational parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6024—Transmission standards and
system requirements.
Brief Description: This rule provides
the standards that must be followed by
Class A television stations when
designing their antenna systems and
their locations.
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Need: This rule is necessary so that
Class A television stations understand
how to design their antenna systems
and where to locate their antennas in
order to properly configure the
operational parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6025—Antenna system and station
location.
Brief Description: This rule provides
all of the broadcast regulations
applicable to other stations in the
broadcast services that are also
applicable to Class A television stations.
Need: This rule is necessary so that
Class A television stations understand
which broadcast regulations they are
required to follow.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6026—Broadcast regulations
applicable to Class A television stations.
Brief Description: This rule provides
all applicants for new or modified Class
A television stations must provide
certain notifications to radio astronomy,
research and receiving installations.
Need: This rule is necessary so that
applicants for Class A television stations
understand which radio astronomy,
research and receiving installations they
must notify in order to prevent harmful
interference to such facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6027—Class A TV notifications
concerning interference to radio
astronomy, research and receiving
installations.
Part 74—Experimental Radio,
Auxiliary, Special Broadcast and Other
Program Distributional Services
Subpart D—Remote Pickup Broadcast
Stations
jlentini on DSK4TPTVN1PROD with PROPOSALS
Brief Description: Subpart D contains
rules and licensing requirements
applicable to Remote Pickup Broadcast
Stations.
Need: The revised rule makes
licensees of low power FM stations
eligible to hold licenses for remote
pickup broadcast stations.
Legal Basis: 47 U.S.C. 154, 303, 307,
336(f), 336(h) and 554.
Section Number and Title:
74.432—Licensing requirements and
procedures.
Subpart E—Aural Broadcast Auxiliary
Stations
Brief Description: Subpart E contains
rules and licensing requirements
applicable to Aural Broadcast Auxiliary
Stations.
Need: The revised rules make
licensees of low power FM stations
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eligible to hold licenses for aural
broadcast auxiliary stations and updates
frequency assignments to reflect the
reallocation of frequencies in the 18
GHz band to the Fixed Satellite Service
and the grandfathering of existing
facilities.
Legal Basis: 47 U.S.C. 154, 303, 307,
336(f), 336(h) and 554.
Section Number and Title:
74.502—Frequency assignment.
74.532—Licensing requirements.
74.551—Equipment changes.
Subpart F—Television Broadcast
Auxiliary Stations
Brief Description: Subpart F contains
rules and licensing requirements
applicable to Television Broadcast
Auxiliary Stations.
Need: The revised rules make Class A
TV stations eligible to hold licenses for
Television Broadcast Auxiliary Stations,
required Mobile-Satellite Service (MSS)
licensees in the reallocated 1990–2025
MHz and 2165–2200 MHz bands to bear
the cost of relocating Broadcast
Auxiliary Service licensees in the 1990–
2110 MHz band, and updates frequency
assignments to reflect the reallocation of
frequencies in the 18 GHz band to the
Fixed Satellite Service and the
grandfathering of existing facilities.
Legal Basis: 47 U.S.C. 154, 303, 307,
336(f), 336(h) and 554.
Section Number and Title:
74.600—Eligibility for license.
74.601—Classes of TV broadcast
auxiliary stations.
74.602—Frequency assignment.
74.638—Frequency coordination.
74.651—Equipment changes.
74.690—Transition of the 1990–2025
MHz band from the Broadcast Auxiliary
Service to emerging technologies.
Subpart G—Low Power TV, TV
Translator, and TV Booster Stations
Brief Description: This rule provides
the criteria that an applicant for a new
low power television, TV translator or
TV booster station or modification to
same must meet in order to protect a
Class A television station.
Need: Protection criteria is necessary
to protect the operations of Class A
television stations and to ensure that
new or modified low power television,
TV translator and TV booster stations
operate without creating harmful
interference.
Legal Basis: 47 U.S.C. 154, 303, 334
and 336.
Section Number and Title:
74.708—Class A TV and digital Class
A TV station protection.
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Part 76—Multichannel Video and Cable
Television Service
Subpart D—Carriage of Television
Broadcast Signals
Brief Description: These rules specify
the procedures to be used in negotiation
of retransmission consent agreements
between multichannel video
programmers (MVPDs) and broadcast
stations under which the MVPDs are
permitted to transmit the programming
of those broadcast stations.
Need: The rules require that parties
negotiate in good faith and establish
time limits for complaints in order to
ensure that retransmission of broadcast
programming may be accomplished.
Legal Basis: 47 U.S.C. 325(b)(3)(C).
Section Number and Title:
76.65—Good faith and exclusive
retransmission consent complaints.
Subpart E—Equal Employment
Opportunity Requirements
Brief Description: These rules require
that multichannel video programming
distributors (MVPDs) provide equal
opportunity in employment and that
MVPDs analyze on an ongoing basis
their efforts to recruit, hire, promote and
use services without discrimination.
Need: This requirement helps to
ensure that MVPDs provide equal
opportunity in employment.
Legal Basis: 47 U.S.C. 554.
Section Number and Title:
76.75(g)—Specific EEO program
requirements.
Brief Description: These rules require
that equal opportunity in employment
be afforded by multichannel video
programming distributors (MVPDs) to
all qualified persons and no person
shall be discriminated against in
employment. The Commission may
issue appropriate sanctions for violation
of EEO rules.
Need: Enforcement of the EEO rules is
required to ensure compliance.
Legal Basis: 47 U.S.C. 634.
Section Number and Title:
76.77(f)—Reporting requirements and
enforcement.
Subpart J—Ownership of Cable Systems
Brief Description: These rules
establish limits for ownership, control,
and operation of a cable operator by
another cable operator, and more
specifically, limits on carriage of
vertically integrated programming and
related recordkeeping requirements.
Need: Recordkeeping requirements
referenced in this rule are needed to
ensure that cable operators document
the nature and extent of their
attributable interests in all video
programming services.
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Legal Basis: 47 U.S.C. 533(f).
Section Number and Title:
76.504—Limits on carriage of
vertically integrated programming.
Subpart K—Technical Standards
Brief Description: Cable operators
shall be responsible for ensuring that
their systems are designed, installed,
and operated in a manner that complies
with the technical standards of this
subpart and shall ensure that their
systems are compatible with
commercially available consumer
electronics equipment.
Need: These rules are required to
ensure that cable systems do not
scramble the basic tier of programming
service and permit the operation of
commercially available remote control
customer premises equipment.
Legal Basis: 47 U.S.C. 549.
Section Number and Title:
76.630—Compatibility with consumer
electronics equipment.
Subpart N—Cable Rate Regulation
Brief Description: These rules define
the obligations of cable operators subject
to rate regulation, in particular the
limits imposed on cable operators’
ability to charge subscribers for changes
in subscriber services.
Need: The statute requires adoption of
rate regulations and imposes limits on
charges that cable operators can impose
on subscribers.
Legal Basis: 47 U.S.C. 543.
Section Number and Title:
76.980—Charges for customer
changes.
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Subpart S—Open Video Systems
Brief Description: These rules provide
for the certification and programming
requirements for open video systems,
including recordkeeping requirements.
Need: Maintenance of records
documenting nondiscrimination is
needed.
Legal Basis: 47 U.S.C. 573.
Section Number and Title:
76.1503(c)(2)(ii)—Carriage of video
programming providers on open video
systems.
Subpart T—Notices
Brief Description: These rules require
cable operators to provide notice to
subscribers on a wide assortment of
requirements set out in other sections of
the part 76.
Need: Time periods are established
for cable operator responses to
subscribers, franchise authorities, the
Commission, and other entities to
ensure compliance with cable operator
obligations.
Legal Basis: 47 U.S.C. 151, 152, 153,
154, 301, 302, 303, 303a, 307, 308, 309,
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312, 315, 317, 325, 503, 521, 522, 531,
532, 533, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558,
560, 561, 571, 572 and 573.
Section Number and Title:
76.1601—Deletion or repositioning of
broadcast signals.
76.1602—Customer service—general
information.
76.1603—Customer service—rate and
service changes.
76.1604—Charges for customer
service changes.
76.1605—New product tier.
76.1606—Rate change while
complaint pending.
76.1607—Principal headend.
76.1608—System technical
integration requiring uniform election of
must-carry or retransmission of consent
status.
76.1609—Non-duplication and
syndicated exclusivity.
76.1610—Change of operational
information.
76.1611—Political cable rates and
classes of time.
76.1612—Personal attack.
76.1613—Political editorials.
76.1614—Identification of must-carry
signals.
76.1515—Sponsorship identification.
76.1616—Contracts with local
exchange carriers.
76.1617—Initial must-carry notice.
76.1618—Basic tier availability.
76.1619—Information on subscriber
bills.
76.1620—Availability of signals.
76.1621—Equipment compatibility
offer.
76.1622—Consumer education
program on compatibility.
Subpart U—Documents To Be
Maintained for Inspection
Brief Description: These rules require
cable operators to maintain records on
a wide assortment of matters including
a political file, EEO, children’s
programming, signal leakage, OVS
requests for carriage, performance tests,
and subscribers.
Need: These records are needed to
document compliance with various
regulatory requirements.
Legal Basis: 47 U.S.C. 151, 152, 153,
154, 301, 302, 303, 303a, 307, 308, 309,
312, 315, 317, 325, 503, 521, 522, 531,
532, 533, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558,
560, 561, 571, 572 and 573.
Section Number and Title:
76.1700—Records to be maintained by
cable system operators.
76.1701—Political file.
76.1702—Equal employment
opportunity.
76.1703—Commercial records on
children’s programs.
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76.1704—Proof-of-performance test
data.
76.1705—Performance test (channels
delivered).
76.1706—Signal leakage logs and
repair records.
76.1707—Leased access.
76.1708—Principal headend.
76.1709—Availability of signals.
76.1710—Operator interests in video
programming.
76.1711—Emergency alert system
(EAS) tests and activation.
76.1712—Open video system (OVS)
requests for carriage.
76.1713—Complaint resolution.
76.1714—FCC rules and regulations.
76.1715—Sponsorship identification.
76.1716—Subscriber records and
public inspection file.
Subpart V—Reports and Filings
Brief Description: These rules require
cable operators to file reports with the
Commission on such matters as
registration statements, signal leakage
monitoring, annual employment reports,
and alternative rate regulation
agreements.
Need: These rules are necessary to
ensure cable operator compliance with
related regulatory requirements.
Legal Basis: 47 U.S.C. 151, 152, 153,
154, 301, 302, 303, 303a, 307, 308, 309,
312, 315, 317, 325, 503, 521, 522, 531,
532, 533, 534, 535, 536, 537, 543, 544,
544a, 545, 548, 549, 552, 554, 556, 558,
560, 561, 571, 572 and 573.
Section Number and Title:
76.1800—Additional reports and
filings.
76.1801—Registration statement.
76.1802—Annual employment report.
76.1803—Signal leakage monitoring.
76.1804—Aeronautical frequencies:
Leakage monitoring (CLI).
76.1805—Alternative rate regulation
agreements.
Part 80—Stations in the Maritime
Services
Subpart B—Applications and Licenses
Brief Description: Part 80 contains
rules relating to stations in the maritime
services. Subpart B set forth rules
regarding applications and licenses in
those services.
Need: This rule notifies each
Automated Maritime
Telecommunications System (AMTS)
coast station geographic area licensee
that it must make a showing of
substantial service within its service
area within ten years of the initial
license grant, or the authorization
becomes invalid and must be returned
to the Commission for cancellation.
Legal Basis: 47 U.S.C. 154, 303,
307(e), 309, and 332; 47 U.S.C. 151–155,
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301–609; 3 U.S.T. 3450, 3 U.S.T. 4726
and 12 U.S.T. 2377.
Section Number and Title:
80.49(a)(3)—Construction and
regional service requirements.
Subpart J—Public Coast Stations
Brief Description: Part 80 contains
rules relating to stations in the maritime
services. Subpart J, as it relates to
Automated Maritime
Telecommunications System (AMTS)
licensees, sets forth rules on the scope
of service, points of communication,
frequency use and assignment, and
various technical matters.
Need: These rules are meant to
prevent harmful interference between
an AMTS licensee and broadcasters of
television channels 13 and 10; they also
permit AMTS licensees to use coast and
ship frequencies on a secondary basis to
support AMTS deployment in remote
fixed locations where other
communications facilities are not
available; and give AMTS licensees the
ability to use any modulation or
channelization scheme, as long as that
scheme complies with Section 80.211 at
the band edges.
Legal Basis: 47 U.S.C. 154, 303,
307(e), 309, and 332; 47 U.S.C. 151–155,
301–609; 3 U.S.T. 3450, 3 U.S.T. 4726
and 12 U.S.T. 2377.
Section Number and Title:
80.475(b)—Scope of service of the
Automated Maritime
Telecommunications System (AMTS).
80.477(d)—AMTS points of
communication.
80.481—Alternative technical
parameters for AMTS transmitters.
Part 90—Private Land Mobile Radio
Services
Subpart B—Public Safety Radio Pool
jlentini on DSK4TPTVN1PROD with PROPOSALS
Brief Description: These rules contain
limitations on the assignment of
channels in the Public Safety Radio
Pool.
Need: In implementing the goal of
efficient spectrum use, these rules list
technical and geographic limitations
applicable to each frequency in the
Public Safety Radio Pool.
Legal Basis: 47 U.S.C. 154, 161, 303
and 332.
Section Number and Title:
90.20(d)(80) through (d)(83);
90.20(g)—Public safety pool.
Subpart C—Industrial/Business Radio
Pool
Brief Description: Part 90 contains the
Commission rules governing private
land mobile radio services. Subpart C
sets forth the rules relating to the
industrial/business radio pool.
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Need: This rules explains the
assignment limitations of the Industrial/
Business Pool Frequency Table, 47 CFR
90.35(b)(3), specifically, that after
January 1, 2005, all stations operating
with an authorized bandwidth greater
than 11.25 kHz will be secondary to
adjacent channel public safety
interoperability operations.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.35(c)(82)—Industrial/Business
pool.
Subpart H—Policies Governing the
Assignment of Frequencies
Brief Description: These rules
promote efficient spectrum use and
nationwide interoperability. First,
applications for 700 MHz narrowband
low power itinerant use channels are
exempt from frequency coordination.
Second, these rules authorize public
safety licensees to share their facilities
on a non-profit cost-shared basis with
Federal Government entities as well as
permit Industrial Business Pool
licensees to share their facilities with
Public Safety Pool entities and Federal
Government entities.
Need: In implementing the goals of
efficient spectrum use and nationwide
interoperability, these rules eliminate
regulatory burdens on public safety
entities.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.175(j)(15)—Frequency coordinator
requirements.
90.179(g) and (h)—Shared use of radio
stations.
Subpart I—General Technical
Standards
Brief Description: Part 90 contains the
Commission rules governing private
land mobile radio (PLMR) services.
Subpart I sets forth the various technical
standards with which a PLMR licensee
must comply, including standards for
acceptability of equipment, frequency
tolerance, modulation, emissions,
power, and bandwidths.
Need: This rule requires that mobile
and portable voice-transmitting
equipment operating on 150–174 MHz
and 450–470 MHz bands be capable of
operating on the corresponding
nationwide public safety
interoperability calling channel.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.203(j)(1)—Certification required.
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Subpart R—Regulations Governing the
Licensing and Use of Frequencies in the
763–775 and 793–805 MHz Bands
Brief Description: Subpart R sets forth
the rules governing the licensing and
operations of all systems operating in
the 763–775 MHz and 793–805 MHz
frequency bands. The 769–775/799–805
MHz segment is allocated for
narrowband operations. In the
narrowband segment, these rules allow
the licensing of the 700 MHz General
Use Narrowband Channels for
assignment to public safety eligibles,
subject to Commission approved
regional planning committee (RPC)
regional plans. The Narrowband State
Channels are directly licensed to each
state (including U.S. territories,
districts, and possessions) and are
subject to certain licensing conditions.
The Narrowband Low Power Itinerant
Channels are licensed for nationwide
itinerant operation and are not subject
to regional planning or frequency
coordination. These rules also specify
transmitter power and emission limits
to avoid interference and promote
efficient spectrum use.
Need: In implementing the goal of
nationwide interoperability, these rules
designate public safety spectrum for day
to day operational needs as well as
nationwide voice interoperability, while
providing technical requirements to
avoid interference and increase
spectrum efficiency.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Numbers and Title:
90.529—State license.
90.531(b)(4) through (b)(6)—Band
plan.
90.541(d)—Transmitting power limits.
90.543(f) and (g)—Emission limits.
Subpart S—Regulations Governing
Licensing and Use of Frequencies in the
806–824, 851–869, 896–901, and 935–
940 MHz Bands
Brief Description: Part 90 contains the
Commission rules governing private
land mobile radio services. Subpart S
sets forth the rules governing the
licensing and operations of all systems
operating in the 806–824/851–869 MHz
and 896–901/935–940 MHz bands,
including eligibility requirements, and
operational and technical standards for
stations licensed in these bands.
Need: These rules state that local
governments applying for Public Safety
Pool frequencies are bound by all
applicable rules, and that CMRS
licensees that are operating in these
bands are subject only to the station
identification requirements of
§ 90.425(e), and not § 90.647(a) through
(c).
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Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.629(f)—Extended implementation
period.
90.647(d)—Station identification.
Part 95—Personal Radio Services
Subpart D—Citizens Band (CB) Radio
Service
Brief Description: Part 95 contains the
Commission rules relating to personal
radio services. Subpart D sets forth the
rules governing the various citizens
band services, including the Citizens
Band (CB) Radio Service; Family Radio
Service (FRS); Low Power Radio Service
(LPRS); Medical Device
Radiocommunication Service
(MedRadio); Wireless Medical
Telemetry Service (WMTS); Multi-Use
Radio Service (MURS); and Dedicated
Short-Range Communications Service
On-Board Units (DSRCS–OBUs).
Need: The rule defines WMTS as a
private, short distance data
communication service for the
transmission of patient medical
information to a central monitoring
location in a hospital or other medical
facility, and lists certain conditions
under which WMTS may, and may not,
operate.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.401(e)—(CB Rule 1) What are the
Citizens Band Radio Services?
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Subpart E—Technical Regulations
Brief Description: Part 95 contains the
Commission rules relating to personal
radio services. Subpart E sets forth the
technical standards under which part 95
licensees may operate.
Need: These rules clarify that a
Wireless Medical Telemetry Service
(WMTS) licensee may transmit any
emission type appropriate for
communications in this service, except
for video and voice; and set forth other
technical standards by which WMTS
and Multi-Use Radio Service (MURS)
licensees must operate.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.631(i)—Emission types.
95.632—MURS transmitter
frequencies.
95.633(f)—Emission bandwidth.
95.635(e)—Unwanted radiation.
95.639(g)—Maximum transmitter
power.
rules governing the Wireless Medical
Telemetry Service (WMTS), which is
defined as a private, short distance data
communication service for the
transmission of patient medical
information to a central monitoring
location in a hospital or other medical
facility.
Need: This subpart sets out the
regulations governing the operation of
Wireless Medical Telemetry Devices in
the 608–614 MHz, 1395–1400 MHz, and
1427–1432 MHz frequency bands.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.1101—Scope.
95.1103—Definitions.
95.1105—Eligibility.
95.1107—Authorized locations.
95.1109—Equipment authorization
requirement.
95.1111—Frequency coordination.
95.1113—Frequency coordinator.
95.1115—General technical
requirements.
95.1117—Types of communications.
95.1119—Specific requirements for
wireless medical telemetry devices
operating in the 608–614 MHz band.
95.1121—Specific requirements for
wireless medical telemetry devices
operating in the 1395–1400 MHz and
1427–1432 MHz bands.
95.1123—Protection of medical
equipment.
95.1125—RF safety.
95.1127—Station identification.
95.1129—Station inspection.
Subpart J—Multi-Use Radio Service
(MURS)
Brief Description: Part 95 contains the
Commission rules relating to personal
radio services. Subpart J sets forth the
rules governing the Multi-Use Radio
Service (MURS), which is defined as a
private, two-way, short-distance voice
or data communications service for
personal or business activities of the
general public.
Need: This subpart sets out technical
and other rules regarding the Multi-Use
Radio Service (MURS), which is defined
as a private, two-way, short-distance
voice or data communications service
for personal or business activities of the
general public.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
95.1301—Eligibility.
95.1303—Authorized locations.
95.1305—Station identification.
95.1307—Permissible
communications.
95.1309—Channel use policy.
Subpart H—Wireless Medical Telemetry
Service (WMTS)
Part 101—Fixed Microwave Services
Brief Description: Part 95 contains the
Commission rules relating to personal
radio services. Subpart H sets forth the
Subpart A—General
Brief Description: Subpart A contains
the general rules pertaining to
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Commission’s scope and authority and
definitions.
Need: The revised rules established
definitions relevant to the 24 GHz
service and Multiple Address Systems.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.1—Scope and authority.
101.3—Definitions.
Subpart B—Applications and Licenses
Brief Description: Subpart B sets forth
the general filing requirements for
applications and licenses in the Fixed
Microwave Services.
Need: The revised rules modified the
buildout requirements for the 38.6–40.0
GHz band, revised the rules relating to
the 24 GHz service, updates frequency
assignments to reflect the reallocation of
frequencies in the 18 GHz band to the
Fixed Satellite Service and the
grandfathering of existing facilities,
requires Mobile Satellite Service
licensees to relocate existing Fixed
Service licensees in the 2165–2200 MHz
bands in cases where sharing between
MSS and FS is not possible, and made
various editorial changes to the Part 101
rules.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.4—Transition plan.
101.17—Performance requirements
for the 38.6–40.0 GHz frequency band.
101.21—Technical content of
applications.
101.31—Temporary and conditional
authorizations.
101.45—Mutually exclusive
applications.
101.55—Considerations involving
transfer or assignment applications.
101.61—Certain modifications not
requiring prior authorization in the
Local Multipoint Distribution Service
and 24 GHz Service.
101.63—Period of construction;
certification of completion of
construction.
101.69—Transition of the 1850–1990
MHz, 2110–2150 MHz, and 2160–2200
MHz bands from the fixed microwave
services to personal communications
services and emerging technologies.
101.73—Mandatory negotiations.
101.75—Involuntary relocation
procedures.
101.81—Future licensing in the 1850–
1990 MHz, 2110–2150 MHz, and 2160–
2200 MHz bands.
101.83—Modification of station
license.
101.85—Transition of the 18.3–19.3
GHz band from the terrestrial fixed
services to the fixed-satellite service
(FSS).
101.89—Negotiations.
101.91—Involuntary relocation
procedures.
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101.95—Sunset provisions for
licensees in the 18.30–19.30 GHz band.
101.97—Future licensing in the
18.30–19.30 GHz band.
Subpart C—Technical Standards
Brief Description: Subpart C sets forth
technical standards for applications and
licenses in the Fixed Microwave
Services.
Need: The revised rules establish
revised technical standards for the 24
GHz Service, Multiple Address Systems,
and Operational Fixed Stations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.101—Frequency availability.
101.103—Frequency coordination
procedures.
101.105—Interference protection
criteria.
101.109—Bandwidth.
101.111—Emission limitations.
101.113—Transmitter power
limitations.
101.115—Directional antennas.
101.135—Shared use of radio stations
and the offering of private carrier
service.
101.139—Authorization of
transmitters.
101.141—Microwave modulation.
101.143—Minimum path length
requirements.
101.145—Interference to
geostationary–satellites.
101.147—Frequency assignments.
Subpart E—Miscellaneous Common
Carrier Provisions
Brief Description: Subpart E sets forth
miscellaneous provisions applicable to
Common Carrier microwave stations.
Need: The revised rules apply
requirements relating to discontinuance
of service and equal employment
opportunities to common carrier
operation in the 24 GHz service.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.305—Discontinuance, reduction
or impairment of service.
101.311—Equal employment
opportunities.
jlentini on DSK4TPTVN1PROD with PROPOSALS
Subpart G—24 GHz Service and Digital
Electronic Message Service
Brief Description: Subpart G sets forth
rules for the 24 GHz Service and the
Digital Electronic Message Service and
provides the provisions implementing
Section 309(j) of the Communications
Act of 1934, as amended, authorizing
the Commission to employ competitive
bidding procedures to resolve mutually
exclusive applications for initial
licenses.
Need: The revised rules establish
revised technical and service rules for
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the 24 GHz Service and implement the
Commission’s competitive bidding
authority under 47 U.S.C. 309(j).
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 157, 225, 303(r) and 309.
Section Number and Title:
101.501—Eligibility.
101.503—Digital Electronic Message
Service Nodal Stations.
101.509—Interference protection
criteria.
101.511—Permissible services.
101.521—Spectrum utilization.
101.523—Service areas.
101.525—24 GHz system operations.
101.526—License term.
101.527—Construction requirements
for 24 GHz operations.
101.529—Renewal expectancy criteria
for 24 GHz licenses.
101.531—[Reserved]
101.533—Regulatory status.
101.535—Geographic partitioning and
spectrum aggregation/disaggregation.
101.537—24 GHz band subject to
competitive bidding.
101.538—Designated entities.
Subpart J—Local Television
Transmission Service
Subpart O—Multiple Address Systems
Brief Description: Subpart O sets forth
the general provisions, system license
requirements, and system requirements
for Multiple Address Systems as well as
the provisions implementing Section
309(j) of the Communications Act of
1934, as amended, authorizing the
Commission to employ competitive
bidding procedures to resolve mutually
exclusive applications for certain initial
licenses.
Need: The Subpart O rules establish
service and technical rules applicable to
Multiple Address Systems and
implement the Commission’s
competitive bidding authority under 47
U.S.C. 309(j).
Legal Basis: 47 U.S.C. 154, 303 and
309.
Section Number and Title:
101.1301—Scope.
101.1303—Eligibility.
101.1305—Private internal service.
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BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Brief Description: Subpart J sets forth
rules for the Local Television
Transmission Service.
Need: The revised rules revise the
frequency assignments available for the
Local Television Transmission Service
and revise the requirements applicable
to operation of such facilities at
temporary fixed locations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
101.803—Frequencies.
101.815—Stations at temporary fixed
locations.
PO 00000
101.1307—Permissible
communications.
101.1309—Regulatory status.
101.1311—Initial EA license
authorization.
101.1313—License term.
101.1315—Service areas.
101.1317—Competitive bidding
procedures for mutually exclusive MAS
EA applications.
101.1319—Competitive bidding
provisions.
101.1321—License transfers.
101.1323—Spectrum aggregation,
disaggregation, and partitioning.
101.1325—Construction
requirements.
101.1327—Renewal expectancy for
EA licensees.
101.1329—EA Station license,
location, modifications.
101.1331—Treatment of incumbents.
101.1333—Interference protection
criteria.
Office of the Secretary
49 CFR Part 27
RIN 2105–AD91
[Docket No. DOT–OST–2011–0182]
Nondiscrimination on the Basis of
Disability in Programs or Activities
Receiving Federal Financial
Assistance (U.S. Airports)
Office of the Secretary,
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking
(NPRM).
AGENCY:
The Department is proposing
to amend its rules implementing section
504 of the Rehabilitation Act of 1973,
which requires accessibility in airport
terminal facilities that receive Federal
financial assistance. The proposed rule
includes new provisions related to
service animal relief areas and
captioning of televisions and audiovisual displays that are similar to new
requirements applicable to U.S. and
foreign air carriers under the
Department’s Air Carrier Access
(ACAA) regulations, 14 CFR part 382.
The NPRM also proposes to reorganize
the provision in 49 CFR 27.72
concerning mechanical lifts for
enplaning and deplaning passengers
with mobility impairments, and to
amend this provision so airports are
required to work not only with U.S.
carriers but also foreign air carriers to
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Proposed Rules]
[Pages 60413-60426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24973]
[[Page 60413]]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[DA 11-1333]
Possible Revision or Elimination of Rules
AGENCY: Federal Communications Commission.
ACTION: Review of regulations; comments requested.
-----------------------------------------------------------------------
SUMMARY: This document invites members of the public to comment on the
Federal Communication Commission's (FCC's or Commission's) rules to be
reviewed pursuant to section 610 of the Regulatory Flexibility Act of
1980, as amended (RFA). The purpose of the review is to determine
whether Commission rules whose ten-year anniversary dates are in the
year 2010, as contained in the Appendix, should be continued without
change, amended, or rescinded in order to minimize any significant
impact the rules may have on a substantial number of small entities.
Upon receipt of comments from the public, the Commission will evaluate
those comments and consider whether action should be taken to rescind
or amend the relevant rule(s).
DATES: Comments may be filed on or before November 28, 2011.
FOR FURTHER INFORMATION CONTACT: Sharon K. Stewart, Chief of Staff,
Office of Communications Business Opportunities (OCBO), Federal
Communications Commission, (202) 418-0990. People with disabilities may
contact the FCC to request reasonable accommodations (accessible format
documents, sign language interpreters, CART, etc.) by e-mail:
FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 12th Street, SW., Washington, DC 20554.
SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list
of ten-year old rules for review and comment by interested parties
pursuant to the requirements of section 610 of the RFA.
FCC Seeks Comment Regarding Possible Revision or Elimination of Rules
Under The Regulatory Flexibility Act, 5 U.S.C. Section 610
CB Docket No. 11-72
Comment Period Closes: November 28, 2011.
1. Pursuant to the Regulatory Flexibility Act (RFA), see 5 U.S.C.
610, the FCC hereby publishes a plan for the review of rules adopted by
the agency in calendar year 2000 which have, or might have, a
significant economic impact on a substantial number of small entities.
The purpose of the review is to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objective of section 610 of the RFA, to minimize any
significant economic impact of such rules upon a substantial number of
small entities.
2. This document lists the FCC regulations to be reviewed during
the next twelve months. In succeeding years, as here, the Commission
will publish a list for the review of regulations promulgated ten years
preceding the year of review.
3. In reviewing each rule in a manner consistent with the
requirements of section 610 the FCC will consider the following
factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the
rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts
with other federal rules and, to the extent feasible, with state and
local governmental rules; and
(e) The length of time since the rule has been evaluated or the
degree to which technology, economic conditions, or other factors have
changed in the area affected by the rule.
4. Appropriate information has been provided for each rule,
including a brief description of the rule and the need for, and legal
basis of, the rule. The public is invited to comment on the rules
chosen for review by the FCC according to the requirements of section
610 of the RFA. All relevant and timely comments will be considered by
the FCC before final action is taken in this proceeding.
Comments may be filed using the Commission's Electronic Comment
Filing System (``ECFS'') or by filing paper copies. Comments filed
through the ECFS may be sent as an electronic file via the Internet to
https://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic
submission must be filed. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing
address, and the applicable docket (proceeding) and ``DA'' number.
Parties may also submit an electronic comment by Internet e-mail.
To obtain filing instructions for e-mail comments, commenters should
send an e-mail to ecfs@fcc.gov, and should include the following words
in the body of the message: ``get form.'' A sample form and directions
will be sent in reply. Parties who choose to file by paper must file an
original and one copy of each filing. Again, please include the docket
(proceeding) and ``DA'' number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St., SW., Room TW-A325, Washington, DC 20554. Again, please
include the docket (proceeding) and ``DA'' number.
The filing hours at this location are 8 a.m. to 7 p.m.
All hand deliveries must be held together with rubber bands or
fasteners.
Any envelopes must be disposed of before entering the
building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class mail, Express Mail, and
Priority Mail should be addressed to 445 12th Street, SW., Washington,
DC 20554.
All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
Comments in this proceeding will be available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554. They may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street,
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300 or 800-
378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcniweb.com. To
request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
For information on the requirements of the RFA, the public may
contact Carolyn Fleming Williams, Senior Deputy Director, Office of
Communications Business Opportunities, 202-418-0990 or visit https://www.fcc.gov/ocbo.
[[Page 60414]]
Federal Communications Commission.
Thomas A. Reed,
Director, Office of Communications Business Opportunities.
Appendix
List of rules for review pursuant to the Regulatory Flexibility Act
of 1980, 5 U.S.C. 610, for the ten-year period beginning in the year
2000 and ending in the year 2010. All listed rules are in Title 47 of
the Code of Federal Regulations.
Part 0--Commission Organization
Subpart A--Organization
Brief Description: Section 0.185 of the rules sets forth the
responsibilities of the Bureaus and Offices in providing assistance to
the Chief, Public Safety and Homeland Security Bureau, in the
performance of that person's duties with respect to homeland security,
national security, emergency management and preparedness, disaster
management, defense, and related activities. Section 0.185(e) requires
the head of each Bureau and Office to either serve as Public Safety/
Homeland Security Liaison to the Public Safety and Homeland Security
Bureau or designate a Deputy Chief of the Bureau or Office to serve as
liaison.
Need: This rule ensures that the public safety initiatives of the
Public Safety and Homeland Security Bureau will be coordinated
efficiently and comprehensively with all the Commission's regulatory
activities.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155b, 155(c) and
303(r).
Section Number and Title:
0.185(e)--Responsibilities of the bureaus and staff offices.
Subpart B--Delegations of Authority
Brief Description: These rules prescribe the duties that the
Commission authorizes to be performed by its various Bureaus and
Offices. Section 0.251 delegates authority to the Office of General
Counsel. Section 0.251(i) states that the General Counsel may perform
all administrative determinations provided for by the Debt Collection
Improvement Act of 1996.
Need: This rule allows the efficient resolution of monetary claims
of the United States Government that arise from the activities of the
Commission.
Legal Basis: 31 U.S.C. 3711; 47 U.S.C. 152, 153, 154, 155, 301,
303, 307, 308, 309, 315 and 317.
Section Number and Title:
0.251(i)--Authority delegated [to General Counsel].
Part 1--Practice and Procedure
Subpart Q--Competitive Bidding Proceedings
Brief Description: The Part 1 rules state the general rules of
practice and procedure before the Federal Communications Commission.
Subpart Q sets forth the provisions implementing section 309(j) of the
Communications Act of 1934, as amended, authorizing the Commission to
employ competitive bidding procedures to resolve mutually exclusive
applications for certain initial licenses.
Need: These rules are needed to implement the Commission's
competitive bidding authority under section 309(j) of the
Communications Act of 1934, as amended, including the designated entity
and tribal land bidding credit programs.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r)
and 309(j).
Section Number and Title:
1.2107(e)--Submission of down payment and filing of long-form
applications.
1.2110(b), (c), (f)(3)--Designated entities.
Subpart V--Implementation of Section 706 of the Telecommunications Act
of 1996; Commission Collection of Advanced Telecommunications
Capability Data
Brief Description: Part 1 contains rules relating to Commission
practices and procedures. Subpart V sets forth the rules by which
certain commercial and government-controlled entities report data to
the Commission concerning the deployment of advanced telecommunications
capability, defined pursuant to 47 U.S.C. 157 as ``high-speed,
switched, broadband telecommunications capability that enables users to
originate and receive high-quality voice, data, graphics, and video
telecommunications using any technology,'' and the deployment of
services that are competitive with advanced telecommunications
capability.
Need: These rules are needed to implement the Commission's data
collection authority with regard to the deployment of advanced
telecommunications capabilities pursuant to section 706 of the
Telecommunications Act of 1996.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r) and
309.
Section Number and Title:
1.7000--Purpose.
1.7001--Scope and content of filed reports.
1.7002--Frequency of reports.
Part 20--Commercial Mobile Radio Services
Brief Description: These rules make following adjustments to the
deployment schedule that must be followed by wireless carriers that
choose to implement enhanced 911 Phase II service using a handset-based
technology. The rules defer the date for initial distribution of
Automatic Location Identification (ALI)-capable handsets by seven
months, adjust the timetable for carriers to meet certain interim
benchmarks for activating new ALI-capable handsets, defer the date by
which a carrier must achieve full penetration of ALI-capable handsets
until December 31, 2005, modify the manner in which the Commission
defines full penetration by adopting a requirement that carriers
achieve 95 percent penetration of ALI-capable handsets by the December
31, 2005 date, eliminate the separate handset phase-in schedule
triggered by a request from a Public Safety Answering Point, and extend
the deadline for carriers to file Phase II enhanced 911 implementation
reports.
Need: These rules establish a more practical, understandable, and
workable schedule for implementation of handset-based ALI solutions for
enhanced 911 Phase II service.
Legal Basis: 47 U.S.C. 154, 160, 251-254, 303, and 332 unless
otherwise noted.
Section Number and Title:
20.18(g)(1), (g)(2); and 20.18(i)--911 service.
Part 22--Public Mobile Services
Subpart H--Cellular Radiotelephone Service
Brief Description: Part 22 contains the rules relating to the
Public Mobile Services, specifically, the rules establishing the
requirements and conditions under which radio stations may be licensed
and used in those services. Subpart H sets forth the rules governing
the licensing and operation of cellular radiotelephone systems.
Need: The rule establishes the terms and conditions under which
parties in this service can seek and obtain approval for partitioning
and/or disaggregation of a license.
Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332.
Section Number and Title:
22.948--Partitioning and disaggregation.
[[Page 60415]]
Part 24--Personal Communications Services
Subpart D--Narrowband PCS
Brief Description: Part 24 contains the rules relating to the
Personal Communications Services (PCS), specifically, the rules
establishing the requirements and conditions under which radio stations
may be licensed and used in those services. Subpart D sets forth the
rules governing the licensing and operation of narrowband PCS systems
authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz
band).
Need: The rule establishes the terms and conditions under which
parties in this service can seek and obtain approval for partitioning
and/or disaggregation of a license.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Section Number and Title:
24.104--Partitioning and disaggregation.
Subpart F--Competitive Bidding Procedures for Narrowband PCS
Brief Description: Part 24 contains the rules relating to the
Personal Communications Services (PCS), specifically, the rules
establishing the requirements and conditions under which radio stations
may be licensed and used in those services. Subpart F sets forth the
rules governing mutually exclusive initial applications for narrowband
PCS service licenses, which are subject to competitive bidding.
Need: These rules are needed to implement the Commission's
competitive bidding authority under section 309(j) of the
Communications Act of 1934, as amended.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Section Number and Title:
24.321--Designated entities.
Subpart H--Competitive Bidding Procedures for Broadband PCS
Brief Description: Part 24 contains the rules relating to the
Personal Communications Services (PCS), specifically, the rules
establishing the requirements and conditions under which radio stations
may be licensed and used in those services. Subpart H sets forth the
provisions implementing section 309(j) of the Communications Act of
1934, as amended, authorizing the Commission to employ competitive
bidding procedures to resolve mutually exclusive applications for
initial licenses.
Need: These rules are needed to set forth licensing requirements
and to implement the Commission's competitive bidding authority under
47 U.S.C. 309(j).
Legal Basis: 47 U.S.C. 151, 154, 155, 157, 225, 301, 302, 303, 309
and 332.
Section Number and Title:
24.709--Eligibility for licenses for frequency Blocks C or F.
Subpart I--Interim Application, Licensing, and Processing Rules for
Broadband PCS
Brief Description: Part 24 contains the rules relating to the
Personal Communications Services (PCS), specifically, the rules
establishing the requirements and conditions under which radio stations
may be licensed and used in those services. Subpart I sets forth the
rules governing interim applications, licensing, and other procedural
rules for broadband PCS.
Need: This rule clarifies that no frequency Block C or Block F won
in closed bidding can be assigned or transferred unless the application
for assignment or transfer of control is filed on or after the date the
initial licensee has notified the Commission that it has met its five-
year construction build-out requirement.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
Section Number and Title:
24.839(a)(6)--Transfer of control or assignment of license.
Part 27--Miscellaneous Wireless Communications Services
Subpart A--General Information
Brief Description: Part 27 contains the Commission rules relating
to miscellaneous wireless communications services (WCS), specifically,
the conditions under which spectrum is made available and licensed for
the provision of wireless communications services in the 2305-2320 MHz
and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and 805-806 MHz; 698-746
MHz; (4) 1390-1392 MHz; 1392-1395 MHz and 1432-1435 MHz; 1670-1675 MHz;
1710-1755 MHz and 2110-2155 MHz; and 2495-2690 MHz bands. Subpart A
sets for the conditions and parameters under which WCS licenses will be
authorized.
Need: The rules set forth the availability of certain frequencies
and services areas that certain WCS licensees may use.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and
337.
Section Number and Title:
27.5(b)--Frequencies.
27.6(b)--Service areas.
Subpart B--Applications and Licenses
Brief Description: Part 27 contains the Commission rules relating
to miscellaneous wireless communications services (WCS), specifically,
the conditions under which spectrum is made available and licensed for
the provision of wireless communications services in the 2305-2320 MHz
and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and 805-806 MHz; 698-746
MHz; (4) 1390-1392 MHz; 1392-1395 MHz and 1432-1435 MHz; 1670-1675 MHz;
1710-1755 MHz and 2110-2155 MHz; and 2495-2690 MHz bands. Subpart B
sets forth the terms and conditions under which parties may apply and
receive authorization to operate a WCS system.
Need: These rules clarify that an applicant and licensee may
provide a variety of services (e.g., common carrier, private internal,
broadcast, etc.) within a single authorization, provided the licensee
complies with all other applicable Commission rules; they also
establish the procedural rules that applicants must follow to obtain
Commission authorization for a given WCS service.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and
337.
Section Number and Title:
27.10--Regulatory status.
27.11(c)--Initial authorization.
Subpart C--Technical Standards
Brief Description: Part 27 contains the Commission rules relating
to miscellaneous wireless communications services (WCS), specifically,
the conditions under which spectrum is made available and licensed for
the provision of wireless communications services in the 2305-2320 MHz
and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and 805-806 MHz; 698-746
MHz; (4) 1390-1392 MHz; 1392-1395 MHz and 1432-1435 MHz; 1670-1675 MHz;
1710-1755 MHz and 2110-2155 MHz; and 2495-2690 MHz bands. Subpart C
sets forth the various technical standards with which a WCS licensee
must comply.
Need: These rules set forth emission limitations for WCS licensees
in various bands; establish standards such that WCS licensees will not
harmfully interfere with television or DTV broadcasting; and establish
procedures and consequences for when a WCS licensee, either voluntarily
or involuntarily, discontinues operations.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and
337.
Section Number and Title:
27.53(c), (d), (e)--Emission limits.
27.60--TV/DTV interference protection criteria.
27.66--Discontinuance, reduction, or impairment of service.
[[Page 60416]]
Subpart F--Competitive Bidding Procedures for the 698-806 MHz Band
Brief Description: Part 27 contains the Commission rules relating
to miscellaneous wireless communications services (WCS), specifically,
the conditions under which spectrum is made available and licensed for
the provision of wireless communications services in the 2305-2320 MHz
and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and 805-806 MHz; 698-746
MHz; (4) 1390-1392 MHz; 1392-1395 MHz and 1432-1435 MHz; 1670-1675 MHz;
1710-1755 MHz and 2110-2155 MHz; and 2495-2690 MHz bands. Subpart F
sets forth the rules by which mutually exclusive applications in the
698-806 MHz band will be considered.
Need: These rules implement the Commission's competitive bidding
authority under 47 U.S.C. 309(j) for initial applications in the 698-
806 MHz bands.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and
337.
Section Number and Title:
27.501--746-763 MHz, 775-793 MHz, and 805-806 MHz bands subject to
competitive bidding.
27.502--Designated entities.
Subpart G--Guard Band A and B Blocks (757-758/787-788 MHz and 775-776/
805-806 MHz Bands)
Brief Description: Part 27 contains the Commission rules relating
to miscellaneous wireless communications services (WCS), specifically,
the conditions under which spectrum is made available and licensed for
the provision of wireless communications services in the 2305-2320 MHz
and 2345-2360 MHz; 746-763 MHz, 775-793 MHz, and 805-806 MHz; 698-746
MHz; (4) 1390-1392 MHz; 1392-1395 MHz and 1432-1435 MHz; 1670-1675 MHz;
1710-1755 MHz and 2110-2155 MHz; and 2495-2690 MHz bands. Subpart G
sets forth the rules under which guard band A and B block licensees may
operate.
Need: These rules establish the procedural parameters under which a
guard band A and B block licensee may receive an authorization and
operate, including the requirements should such a licensee lease a
portion of its spectrum.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336 and
337.
Section Number and Title:
27.601--Authority and coordination requirements.
27.602--Lease agreements.
27.604--Limitation on licenses won at auction.
27.607--Performance requirements and annual reporting requirement.
Part 51--Interconnection
Subpart C--Obligations of All Local Exchange Carriers
Brief Description: This subsection generally implements section
251(c) of the Communications Act of 1934, as amended. Section 51.230
provides that advanced services loop technologies are presumed
acceptable for deployment under specific circumstances. It further
provides that incumbent local exchange carriers cannot deny a carrier's
request to deploy a technology that is presumed acceptable for
deployment without first demonstrating to the relevant state commission
that deployment of that technology would significantly degrade
performance of other advanced services or traditional voiceband
services. Finally, a carrier seeking to establish that the deployment
of a specific technology falls within the presumption of acceptability
bears the burden of demonstrating to the relevant state commission that
its proposed deployment meets the threshold for a presumption of
acceptability and will not, in fact, significantly degrade performance
of other advanced services or traditional voice band services.
Need: These rules are necessary to foster a competitive market in
the telecommunications industry, and to promote the deployment of
broadband infrastructure and other network investment. These rules also
ensure that competitors receive prompt and accurate notice of changes
that could affect their ability to interconnect with the incumbent's
network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (6) and 251(d).
Section Number and Title:
51.230--Presumption of acceptability for deployment of an advanced
services loop technology.
Brief Description: This subsection generally implements section
251(c) of the Communications Act of 1934, as amended. Section 51.231
provides that incumbent local exchange carriers must provide particular
information to carriers requesting access to a loop or high-frequency
portion of the loop to provide advanced services. The requesting
carrier must provide to the incumbent LEC information on the type of
technology the carrier seeks to deploy, both at the time it seeks
access to a loop or high frequency portion of a loop to provide
advanced services and when notifying the incumbent LEC of any proposed
change in the advanced services technology that the carrier uses on the
loop.
Need: These rules are necessary to foster a competitive market in
the telecommunications industry, and to promote the deployment of
broadband infrastructure and other network investment. These rules also
ensure that competitors receive prompt and accurate notice of changes
that could affect their ability to interconnect with the incumbent's
network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (6) and 251(d).
Section Number and Title:
51.231--Provision of information on advanced services deployment.
Brief Description: This subsection generally implements section
251(c) of the Communications Act of 1934, as amended. Section 51.232
prohibits incumbent local exchange carriers from designating,
segregating or reserving particular loops or binder groups for use
solely by any particular advanced services loop technology, except for
loops on which a known disturber is deployed. The rule also specifies
that any party seeking designation as a known disturber should file a
petition for declaratory ruling with the Commission.
Need: These rules are necessary to foster a competitive market in
the telecommunications industry, and to promote the deployment of
broadband infrastructure and other network investment. These rules also
ensure that competitors receive prompt and accurate notice of changes
that could affect their ability to interconnect with the incumbent's
network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (6) and 251(d).
Section Number and Title:
51.232--Binder group management.
Brief Description: This subsection generally implements section
251(c) of the Communications Act of 1934, as amended. Section 51.233
sets forth the steps that must be taken by a carrier claiming that a
deployed advanced service is significantly degrading the performance of
other advanced services, including notifying the deploying carrier and
allowing that carrier a reasonable opportunity to correct the problem.
The rule provides that, where a carrier demonstrates that a deployed
technology is significantly degrading the performance of other advanced
services or traditional voice-band services, the deploying carrier must
discontinue deployment of that technology and migrate its customers to
technologies that will not significantly degrade the performance of
other such services. The rule further specifies that, if the asserted
degradation goes unresolved, the carrier whose services are being
degraded must make a showing of degradation before the relevant state
commission.
Need: These rules are necessary to foster a competitive market in
the
[[Page 60417]]
telecommunications industry, and to promote the deployment of broadband
infrastructure and other network investment. These rules also ensure
that competitors receive prompt and accurate notice of changes that
could affect their ability to interconnect with the incumbent's
network.
Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (6) and 251(d).
Section Number and Title:
51.233--Significant degradation of services caused by deployment of
advanced services.
Subpart D--Additional Obligations of Incumbents Local Exchange Carriers
Brief Description: This subsection implements section 251(c) of the
Communications Act of 1934, as amended. Section 51.323(l) sets forth
deadlines within which an incumbent LEC must offer to provide, and
provide, all forms of physical collocation, except in circumstances
where a state sets its own deadlines or the incumbent LEC has
demonstrated to the state commission that physical collocation is not
practical for technical reasons or because of space limitations.
Need: These rules are necessary to foster a competitive market in
the telecommunications industry, and to promote the deployment of
broadband infrastructure and other network investment. They help ensure
that competitors are able to collocate incumbent LEC premises in a
timely manner, in accordance with section 251(c)(6) of the
Communications Act.
Legal Basis: 47 U.S.C. 251(c)(6).
Section Number and Title:
51.323(l)--Standards for physical collocation and virtual
collocation.
Subpart G--Resale
Brief Description: These subsections generally implement section
251(b)(5) of the Communications Act of 1934, as amended. Sections
51.605(c) through (e) help define which incumbent LEC services are
subject to the resale obligations in section 251(b)(5) and other
Commission rules. These rules exempt from the scope of that resale
obligation exchange-access services (except to the extent that they are
advanced telecommunications services that are sold on a retail basis to
residential and business end-users that are not telecommunications
carriers) and advanced telecommunications services sold to ISPs as an
input component to the ISPs' retail Internet service offerings. These
rules also prohibit the incumbent LEC from placing restrictions on the
resale of such services in certain circumstances.
Need: These rules are necessary to ensure that the incumbent LECs
and their competitors understand the scope of the incumbent LECs resale
obligations under section 251(b)(5).
Legal Basis: 47 U.S.C. 251(b)(5).
Section Number and Title:
51.605(c) through (e)--Additional obligations of incumbent local
exchange carriers.
Part 52--Numbering
Subpart A--Scope and Authority
Brief Description: Section 52.5(i) sets forth the definition of
``service provider'' as used in the Commission's rules governing
numbering.
Need: This rule is necessary to allow the Commission to monitor
closely the way numbering resources are used within the North American
Numbering Plan (``NANP'').
Legal Basis: 47 U.S.C. 201-205 and 251.
Section Number and Title:
52.5(i)--Definitions.
Subpart B--Administration
Brief Description: Section 52.7(g) through (j) sets forth
definitions of terms used in the Commission's rules governing
thousands-block pooling.
Need: This rule is necessary to allow the Commission to monitor
closely the way numbering resources are used within the NANP.
Legal Basis: 47 U.S.C. 201-205 and 251.
Section Number and Title:
52.7(g) through (j)--Definitions.
Brief Description: Section 52.15(f) through (j) sets forth a
mandatory data reporting requirement, a uniform set of categories of
numbers for which carriers must report their utilization, requirements
for applications for numbering resources, a utilization threshold
framework to increase carrier accountability and incentives to use
numbers efficiently, and procedures for reclamation of numbering
resources.
Need: This rule is necessary to allow the Commission to monitor
closely the way numbering resources are used within the NANP.
Legal Basis: 47 U.S.C. 201-205 and 251.
Section Number and Title:
52.15(f) through (j)--Central office code administration.
Subpart C--Number Portability
Brief Description: Section 52.20 specifies that all carriers
capable of providing local number portability must participate in
thousands-block number pooling where it is implemented and consistent
with the national thousands-block number pooling framework established
by the Commission. The rule requires that all carriers required to
participate in thousands-block number pooling must donate thousands-
blocks with less than ten percent contamination to the thousands-block
number pool for the rate center within which the numbering resources
are assigned. However, the rule permits those service providers to
maintain at least one thousands-block per rate center, even if less
than ten percent contaminated, as an initial block or footprint block.
Telephone numbers assigned to customers of service providers from
donated thousands-blocks that are contaminated will be ported back to
the donating service provider. Finally, the rule provides for a
Thousands-Block Pooling Administrator.
Need: This rule is necessary to address and resolve one of the
major factors that contributes to numbering resource exhaust: The
allocation of numbers in blocks of 10,000, irrespective of the
carrier's actual need for new numbers.
Legal Basis: 47 U.S.C. 201-205 and 251.
Section Number and Title:
52.20--Thousands-block number pooling.
Part 54--Universal Service
Subpart D--Universal Service Support for High Cost Areas
Brief Description: These rules specify the requirements for the
high-cost support mechanism. These rules provide requirements for how
high-cost support will be calculated and distributed to eligible
telecommunications providers.
Need: In implementing statutory requirements for the high-cost
program of the universal service support mechanism, these rules ensure
that rates in rural, insular and high-cost areas are ``reasonably
comparable'' to rates charged for similar services in urban areas.
Legal Basis: 47 U.S.C. 254(b).
Section Numbers and Title:
54.311(d)--Interim hold-harmless support for non-rural carriers.
Subpart E--Universal Service Support for Low-Income Consumers
Brief Description: These rules specify the requirements for the
support mechanism for low-income consumers. These rules provide the
eligibility requirements for low-income consumers receiving discounted
rates for services under the Lifeline and Link-up programs and the
requirements for how
[[Page 60418]]
reimbursements for low-income support will be calculated and
distributed to eligible telecommunications providers.
Need: In implementing statutory requirements for the low-income
program of the universal service support mechanism, these rules ensure
that low-income consumers, including eligible residents of Tribal
lands, have access to quality services at just, reasonable, and
affordable rates.
Legal Basis: 47 U.S.C. 151, 154(i), 201, 205 and 254(b).
Section Numbers and Titles:
54.400(e)--Terms and definitions.
54.403(a)(4)--Lifeline support amount.
54.409(c)--Consumer qualification for Lifeline.
54.411(d)--Link-Up program defined.
Subpart J--Interstate Access Universal Service Support Mechanism
Brief Description: These rules provide requirements for the
calculation and distribution of support to price-cap carriers as
implicit universal service subsidies are removed from their interstate-
access rates.
Need: In implementing the statutory requirements, these rules
ensure that the universal service interstate-access support mechanism
is specific, predictable and sufficient as it moves from implicit to
explicit subsidies.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-209, 218-222, 254
and 403.
Section Numbers and Titles:
54.800--Terms and definitions.
54.801--General.
54.802--Obligations of local exchange carriers and the
Administrator.
54.803--Universal service zones.
54.804--Preliminary minimum access universal service support for a
study area calculated by the Administrator.
54.805--Zone and study area above benchmark revenues calculated by
the Administrator.
54.806--Calculation by the Administrator of interstate access
universal service support for areas served by price cap local exchange
carriers.
54.807--Interstate access universal service support.
54.808--Transition provisions and periodic calculation.
54.809--Carrier certification.
Part 61--Tariffs
Subpart A--General
Brief Description: The Part 61 rules are designed to implement the
provisions of sections 201, 202, 203, and 204 of the Communications Act
of 1934, as amended, and help ensure that rates are just, reasonable,
and not unjustly or unreasonably discriminatory. These rules govern the
filing, form, content, public-notice periods, and accompanying support
materials for tariffs. Section 61.3 sets out definitions for terms used
in this Part.
Need: Sections 61.3 (qq) through (zz) were adopted to define terms
used elsewhere in the Commission's tariff regulations applicable to
interstate, domestic, interexchange services.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
Section Number and Title:
61.3(qq) through (zz)--Definitions.
Subpart E--General Rules for Dominant Carriers
Brief Description: The Part 61 rules are designed to implement the
provisions of sections 201, 202, 203, and 204 of the Communications Act
of 1934, as amended, and help ensure that rates are just, reasonable,
and not unjustly or unreasonably discriminatory. These rules govern the
filing, form, content, public notice periods, and accompanying support
materials for tariffs. Section 61.42 identifies which services carriers
are to include in their price cap baskets. These price-cap baskets are
then used, among other things, in determining price-cap indices and
price cap regulation generally.
Need: Section 61.42(e)(3) was adopted to specify to carriers what
service categories and subcategories they must include in their Actual
Price Index (API) for the special access services basket. The API is
used in connection with any price-cap tariff filing proposing rate
changes.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
Section Number and Title:
61.42(e)(3)--Price cap baskets and service categories.
Part 64--Miscellaneous Rules Relating to Common Carriers
Subpart D--Procedures for Handling Priority Services in Emergencies
Brief Description: Section 64.402 specifies that commercial mobile
radio service providers that elect to provide priority access service
to National Security and Emergency Preparedness personnel must adhere
to uniform operating protocols.
Need: These provisions are necessary to implement the Commission's
responsibility to provide, in the most efficient manner, access to
communications infrastructures in order to respond effectively to
emergency and disaster situations.
Legal Basis: 47 U.S.C. 202, 205, 302 and 303.
Section Number and Title:
64.402--Policies and procedures for the provision of priority
access service by commercial mobile radio service providers.
Part 68--Connection of Terminal Equipment to the Telephone Network
Subpart C--Terminal Equipment Approval Procedures
Brief Description: Part 68, Subpart C, sets forth the rules under
which terminal equipment is approved and associated inside (or
``premises'') wiring may be connected to the public telephone network.
Section 68.213, in particular, establishes rules for ``unprotected''
premises wiring in simple installations of up to four-line telephone
service. The rules authorize premises owners or customers to install
and/or maintain wiring on the customer side of the demarcation point,
provided that conditions set forth in the rules are met. The rules also
establish material requirements for wire and connectors used in such
installations, including electrical and labeling requirements.
Need: These rules provide uniform standards to protect the public
telephone network from harms caused by terminal equipment and the
associated wiring thereto, and ensure that consumer utility of
traditional voiceband and advanced services will not be hampered by
poor quality inside wiring, while enabling terminal equipment and
premises wiring to be provided competitively.
Legal Basis: 47 U.S.C. 151, 154(i), 151(j), 161, 201-205 and 218,
220, 256, 405, and 5 U.S.C. sections 552 and 553.
Section Number and Title:
68.213(c)--Installation of other than ``fully protected'' non-
system simple customer premises wiring.
Part 69--Access Charges
Subpart C--Computation of Charges for Price Cap Local Exchange Carriers
Brief Description: The Part 69 rules are designed to implement the
provisions of sections 201 and 202 of the Communications Act of 1934,
as amended, and protect consumers by preventing the exercise of market
power by incumbent LECs. These rules help ensure that rates are just,
reasonable, and not unjustly or unreasonably discriminatory.
Specifically, Sec. 69.158 facilitates the phase out of implicit
subsidies in the access charge regime by making the recovery of LEC
universal service charges from end users explicit.
Need: Section 69.158 allows for the LECs' recovery of charges for
an explicit, portable interstate access universal service support
mechanism.
[[Page 60419]]
Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
Section Number and Title:
69.15--Universal service end user charges.
Part 73--Radio Broadcast Services
Subpart B--FM Broadcast Stations
Brief Description: This rule identifies Part G as the part of the
rules which establish protection standards for full-power stations from
the operations of LPFM stations.
Need: This rule clarifies the structure of the FM interference
protection scheme.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.209(c)--Protection from interference.
Brief Description: This rule sets forth a transition rule for
stations previously licensed under more permissive Class C antenna
height and power requirements.
Need: This rule is needed to provide a basis for a certain class of
stations to retain their rights as Class C stations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.211(d)--Power and antenna height requirements.
Subpart D--Noncommercial Educational FM Broadcast Stations
Brief Description: This rule identifies Part K as the part of the
rules which set forth the procedures for choosing among mutually
exclusive applications for noncommercial educational FM stations.
Need: This rule clarifies the structure of the noncommercial
educational FM licensing rules.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.503(e)--Licensing requirements and service.
Brief Description: This rule identifies Part I as the part of the
rules which set forth the procedures for choosing among mutually
exclusive applications in circumstances in which at least one
commercial FM application is mutually exclusive with at least one
noncommercial educational FM application.
Need: This rule clarifies the structure of the commercial and
noncommercial educational FM licensing rules.
Legal Basis: 47 U.S.C. 154, 303 and 309.
Section Number and Title:
73.513(b)--Noncommercial educational FM stations operating on
unreserved channels.
Brief Description: This rule identifies Part G as the part of the
rules which establish protection standards for noncommercial
educational full-power stations from the operations of LPFM stations.
Need: This rule clarifies the structure of the FM interference
protection scheme.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.514--Protection from interference.
Brief Description: This rule sets forth community of license signal
coverage requirements for noncommercial educational FM stations.
Need: This rule is necessary to ensure that every noncommercial
educational station provides an adequate strength signal to its
community of license.
Legal Basis: 47 U.S.C. 154, 303 and 307.
Section Number and Title:
73.515--NCE FM transmitter location.
Subpart E--Television Broadcast Stations
Brief Description: This rule provides the criteria that an
applicant for a new full power television station or modification to
existing full power television station must meet in order to protect a
Class A television station.
Need: Protection criteria is necessary to protect the operations of
Class A television stations and to ensure that new or modified full
power television station operate without creating harmful interference.
Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
Section Number and Title:
73.613--Protection of Class A TV stations.
Brief Description: This rule specifies that mutually exclusive
applications for noncommercial educational TV stations operating on
reserved channels shall be resolved pursuant to the point system.
Need: The point system is needed to continue to foster the growth
of noncommercial broadcasting. The point system clearly expresses the
public interest factors that the Commission finds important in
noncommercial educational broadcasters and selects the applicant who
best exemplifies those criteria in an objective manner.
Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
Section Number and Title:
73.621(h)--Noncommercial educational TV stations.
Brief Description: This rule specifies that DTV station
applications proposing to expand the DTV station's authorized service
area must not cause interference to a Class A TV station or a digital
Class A TV Station.
Need: This rule is required because Class A licensees have
``primary'' status as television broadcasters; thereby they have a
measure of protection from full-service DTV television stations.
Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
Section Number and Title:
73.623(c)(5), (d) and (e)--DTV applications and changes to DTV
allotments.
Subpart G--Low Power FM Broadcast Stations (LPFM)
Brief Description: This rule sets forth complaint and license
modification procedures for LPFM stations causing interference to full-
power stations operating on third adjacent channels.
Need: The Local Community Radio Act, enacted on January 4, 2011,
requires the Commission to modify its rules to eliminate third-adjacent
minimum distance separation requirements between LPFM stations and FM,
FM translator, and FM booster stations. The Commission will initiate a
rulemaking in 2011 to conform this rule to the new legislation.
Legal Basis: 47 U.S.C. 154, 303 and 316.
Section Number and Title:
73.810--Third adjacent channel complaint and license modification
procedure.
Brief Description: This rule sets forth complaint procedures in
circumstances in which an LPFM station causes interference to the input
signal of an FM translator or FM booster station.
Need: The Local Community Radio Act changed the distance separation
requirements between LPFM stations and FM translators and FM booster
stations. The Commission will initiate a rulemaking in 2011 to conform
these complaint procedures to the new legislation.
Legal Basis: 47 U.S.C. 154, 303 and 316.
Section Number and Title:
73.827--Interference to the input signals of FM translator or FM
booster stations.
Subpart H--Rules Applicable to All Broadcast Stations
Brief Description: This rule requires each broadcast station to
maintain a local or toll-free telephone number in its community of
license.
Need: This rule is necessary to promote the localism goals on which
the main studio rule is based.
Legal Basis: 47 U.S.C. 154, 303 and 307.
Section Number and Title:
73.1125(e)--Station main studio location.
Brief Description: This rule identifies part K as the part of the
rules which sets forth restrictions on the assignment or
[[Page 60420]]
transfer of licenses awarded pursuant to noncommercial educational
comparative procedures.
Need: This rule is unnecessary. The applicability of the part K
rules and their requirements are clearly set forth therein.
Legal Basis: 47 U.S.C. 154, 303 and 309.
Section Number and Title:
73.1150(d)--Transferring a station.
Brief Description: This rule provides the maximum level that may be
exceeded by the carrier frequency of a station in the Class A
Television Service.
Need: This rule is necessary so that parties seeking to construct
stations in the Class A Television Service may specify their proposed
facilities and the Commission staff review such facilities before
granting a construction permit.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.1545(e)--Carrier frequency departure tolerances.
Brief Description: This rule sets forth the procedures for LPFM
stations to operate pursuant to program test authority.
Need: This rule is necessary to permit the prompt initiation of
authorized new service from LPFM stations.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.1620(a)(5)--Program tests.
Brief Description: This rule sets forth the minimum number of hours
that stations in the Class A Television Service must operate each week.
Need: This rule is necessary so that stations in the Class A
Television Service continue to fully utilize their assigned channel and
to serve the public interest.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.1740(a)(5)--Minimum operating schedule.
Brief Description: This rule provides that stations in the Class A
Television Service must maintain documentation in their local public
inspection file as to their Class A TV continuing eligibility.
Need: This rule is necessary so that stations are able to
demonstrate that they continue to be eligible for Class A TV status and
so that the public and Commission staff can verify their claimed
eligibility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.3526(e)(17)--Local public inspection file of commercial
stations.
Brief Description: This rule provides that stations in the Class A
Television Service must give notice of the filing of an application for
license.
Need: This rule is necessary so that the public is made aware of
the filing of an application for license by a station in the Class A
Television Service and the procedures for commenting on such
application.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.3580(d)(5)--Local public notice of filing of broadcast
applications.
Brief Description: This rule sets forth the procedures for filing
petitions to deny requests for the involuntary downgrading of Class C
FM stations to Class C0.
Need: This rule is necessary to clarify the pleading procedures
that apply in circumstances in which an application is filed which is
mutually exclusive with an authorized Class C station operating at less
than full Class C antenna height and/or power minimum requirements.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.3584(d)--Procedure for filing petitions to deny.
Subpart J--Class A Television Broadcast Stations
Brief Description: This rule provides the definitions that will be
used throughout subpart J of 47 CFR part 73.
Need: Certain terms need to be defined so as to make clear their
usage in subpart J of 47 CFR Part 73 and to avoid having to restate
their definition each time they are used.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6000--Definitions.
Brief Description: This rule provides the procedures that
applicants seeking new facilities in the Class A Television Service
must follow to obtain a construction permit for such facilities and the
required types of service they must provide in order to retain their
Class A status.
Need: These procedures and policies are necessary in order that
applicants for new Class A Television Service may specify their
proposed facilities and the Commission staff review such facilities
before granting a construction permit.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6001--Eligibility and service requirements.
Brief Description: This rule provides the requirements that
applicants seeking new facilities in the Class A Television Service
must meet in order to obtain a station in this service.
Need: It is necessary to set out the qualifications for Class A
television stations so that applicants for these facilities can make a
demonstration of eligibility in their applications and Commission staff
can review their qualifications prior to granting a construction
permit.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6002--Licensing requirements.
Brief Description: This rule provides the channels that are not
available to applicants for Class A television stations.
Need: A list of channels that are not available for Class A
television stations is necessary so that applicants in this service may
decide the best operational channel for their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6006--Channel assignments.
Brief Description: This rule provides the power limitations for
applicants seeking Class A television stations.
Need: This rule is necessary so that applicants for Class A
television stations don't specify too great an operational power and so
applicants may decide the best operational parameters for their new
facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6007--Power limitations.
Brief Description: This rule provides the method for applicants
seeking Class A television stations to make distance computations
between two reference points.
Need: This rule is necessary so that applicants for Class A
television stations are able to correctly calculate the distance
between two reference points in their applications and to properly
configure the operational parameters for their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6008--Distance computations.
Brief Description: This rule outlines the operational area of a
Class A television station that must be protected from harmful
interference by other broadcast stations.
Need: This rule is necessary so that applicants for broadcast
facilities will know that operational area or ``contour'' of a Class A
television station that must be protected from harmful interference so
that such applicants are able to properly configure the operational
parameters for their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6010--Class A TV station protected contour.
Brief Description: This rule outlines those full power television
stations that Class A television stations must protect from harmful
interference.
Need: This rule is necessary so that applicants for Class A
television stations will be able to determine which full power
television stations they must protect from harmful interference so that
such applicants are able to properly
[[Page 60421]]
configure the operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6011--Protection of TV broadcast stations.
Brief Description: This rule outlines those Class A television, low
power television and TV translator stations that a Class A television
station seeking to modify its facilities must protect from harmful
interference.
Need: This rule is necessary so that applicants for modification to
a Class A television station will be able to determine which broadcast
stations they must protect from harmful interference so that such
applicants are able to properly configure the operational parameters of
their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6012--Protection of Class A TV, low power TV and TV translator
stations.
Brief Description: This rule outlines those full power digital
television stations that a Class A television station seeking to modify
its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a Class A television station will be able to determine which full power
digital television stations they must protect from harmful interference
so that such applicants are able to properly configure the operational
parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6013--Protection of DTV stations.
Brief Description: This rule outlines those Class A digital
television stations that a Class A television station seeking to modify
its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a Class A television station will be able to determine which Class A
digital television stations they must protect from harmful interference
so that such applicants are able to properly configure the operational
parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6014--Protection of digital Class A TV stations.
Brief Description: This rule outlines those full power television
stations that a digital Class A television station seeking to modify
its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a digital Class A television station will be able to determine which
full power television stations they must protect from harmful
interference so that such applicants are able to properly configure the
operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6016--Digital Class A TV station protection of TV broadcast
stations.
Brief Description: This rule outlines those Class A television and
digital Class A television stations that a digital Class A television
station seeking to modify its facilities must protect from harmful
interference.
Need: This rule is necessary so that applicants for modification to
a digital Class A television station will be able to determine which
Class A and digital Class A television stations they must protect from
harmful interference so that such applicants are able to properly
configure the operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6017--Digital Class A TV station protection of Class A TV and
digital Class A TV stations.
Brief Description: This rule outlines those full power digital
television stations that a digital Class A television station seeking
to modify its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a digital Class A television station will be able to determine which
full power digital television stations they must protect from harmful
interference so that such applicants are able to properly configure the
operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6018--Digital Class A TV station protection of DTV stations.
Brief Description: This rule outlines those low power television,
TV translator, digital low power television and digital TV translator
stations that a digital Class A television station seeking to modify
its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a digital Class A television station will be able to determine which
low power television, TV translator, digital low power television and
digital TV translator stations they must protect from harmful
interference so that such applicants are able to properly configure the
operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6019--Digital Class A TV station protection of low power TV, TV
translator, digital low power TV and digital TV translator stations.
Brief Description: This rule outlines those stations in the land
mobile radio service that a digital Class A television station seeking
to modify its facilities must protect from harmful interference.
Need: This rule is necessary so that applicants for modification to
a digital Class A television station will be able to determine which
stations in the land mobile radio service they must protect from
harmful interference so that such applicants are able to properly
configure the operational parameters of their new facility.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6020--Protection of stations in the land mobile radio service.
Brief Description: This rule provides that Class A television
stations may negotiate interference agreements with full power
television, digital full power television, low power television, TV
translator and other Class A television stations.
Need: This rule is necessary so that Class A television stations
will know the parameters by which they may negotiate interference
agreements so that Class A television stations are able to properly
configure the operational parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6022--Negotiated interference and relocation agreements.
Brief Description: This rule provides that Class A television
stations may operate distributed transmission systems.
Need: This rule is necessary so that Class A television stations
understand that they may operate distributed transmission systems in
order to properly configure the operational parameters of their
facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6023--Distributed transmission systems.
Brief Description: This rule provides the transmission standards
and system requirements that Class A television stations must follow.
Need: This rule is necessary so that Class A television stations
understand how they may operate their stations in order to properly
configure the operational parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6024--Transmission standards and system requirements.
Brief Description: This rule provides the standards that must be
followed by Class A television stations when designing their antenna
systems and their locations.
[[Page 60422]]
Need: This rule is necessary so that Class A television stations
understand how to design their antenna systems and where to locate
their antennas in order to properly configure the operational
parameters of their facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6025--Antenna system and station location.
Brief Description: This rule provides all of the broadcast
regulations applicable to other stations in the broadcast services that
are also applicable to Class A television stations.
Need: This rule is necessary so that Class A television stations
understand which broadcast regulations they are required to follow.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6026--Broadcast regulations applicable to Class A television
stations.
Brief Description: This rule provides all applicants for new or
modified Class A television stations must provide certain notifications
to radio astronomy, research and receiving installations.
Need: This rule is necessary so that applicants for Class A
television stations understand which radio astronomy, research and
receiving installations they must notify in order to prevent harmful
interference to such facilities.
Legal Basis: 47 U.S.C. 336(f).
Section Number and Title:
73.6027--Class A TV notifications concerning interference to radio
astronomy, research and receiving installations.
Part 74--Experimental Radio, Auxiliary, Special Broadcast and Other
Program Distributional Services
Subpart D--Remote Pickup Broadcast Stations
Brief Description: Subpart D contains rules and licensing
requirements applicable to Remote Pickup Broadcast Stations.
Need: The revised rule makes licensees of low power FM stations
eligible to hold licenses for remote pickup broadcast stations.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
Section Number and Title:
74.432--Licensing requirements and procedures.
Subpart E--Aural Broadcast Auxiliary Stations
Brief Description: Subpart E contains rules and li