Possible Revision or Elimination of Rules, 9282-9305 [2017-02221]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Proposed Rules]
[Pages 9282-9305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02221]



[[Page 9281]]

Vol. 82

Friday,

No. 22

February 3, 2017

Part II





Federal Communications Commission





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47 CFR Chapter I





Possible Revision or Elimination of Rules; Proposed Rule

Federal Register / Vol. 82 , No. 22 / Friday, February 3, 2017 / 
Proposed Rules

[[Page 9282]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[OCBO: CB Docket No. BO 16-251; DA 16-792]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations; comments requested.

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SUMMARY: This document invites members of the public to comment on the 
Federal Communication Commission's (FCC's or Commission's) rules to be 
reviewed pursuant to section 610 of the Regulatory Flexibility Act of 
1980, as amended (RFA). The purpose of the review is to determine 
whether Commission rules whose ten-year anniversary dates are in the 
years 2011-2014, 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without change, amended, or rescinded in order to minimize any 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 May 4, 2017.

FOR FURTHER INFORMATION CONTACT: Chana S. Wilkerson, Attorney-Advisor, 
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 email: 
FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list 
of ten-year old rules for review and comment by interested parties 
pursuant to the requirements of section 610 of the RFA.

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules 
Under the Regulatory Flexibility Act, 5 U.S.C. Section 610

[CB Docket No. BO 16-251]

    Comment Period Closes: May 4, 2017.
    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 years 2001-2004 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. The Commission will issue separately plans for 
the review of rules adopted in succeeding years.
    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 email. To 
obtain filing instructions for email comments, commenters should send 
an email 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 8:00 a.m. to 7:00 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 email at fcc@bcniweb.com. To 
request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an email 
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    The proceeding this Notice initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules.\1\ Persons making ex parte presentations must file a 
copy of any written presentation or a memorandum summarizing any oral 
presentation

[[Page 9283]]

within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
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    \1\ 47 CFR 1.1200 et seq.
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    For information on the requirements of the RFA, the public may 
contact Chana S. Wilkerson, Attorney-Advisor, Office of Communications 
Business Opportunities, 202-418-0990 or visit www.fcc.gov/ocbo.

Federal Communications Commission.
Lisa Fowlkes,
Acting Director, Office of Communications Business Opportunities.

Appendix

    List of rules for review pursuant to the Regulatory Flexibility 
Act of 1980, 5 U.S.C. Section 610, for the ten-year period beginning 
in the year 2001 and ending in the year 2004. All listed rules are 
in Title 47 of the Code of Federal Regulations.

PART 1--PRACTICE AND PROCEDURE

Subpart E--Complaints, Applications, Tariffs, and Reports Involving 
Common Carriers

    Brief Description: Section 1.767 sets forth the application 
filing requirements for submarine cable landing licenses. Section 
1.768 sets forth the notification and prior approval requirements 
for submarine cable landing licensees that are or propose to become 
affiliated with a foreign carrier.
    Need: The rules are needed to implement the Commission's 
policies that facilitate the expansion of capacity and facilities-
based competition in the submarine cable market. These measures are 
designed to enable international carriers to respond to the demands 
of the market with minimal regulatory oversight and delay, saving 
time and resources for both the industry and government, while 
preserving the Commission's ability to guard against anti-
competitive behavior.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 
309 and 325(e).
    Section Numbers and Titles:

1.767(a), (a)(5), (a)(7)-(11), (g)-(m) Cable landing licenses.
1.768 Notification by and prior approval for submarine cable landing 
licensees that are or propose to become affiliated with a foreign 
carrier.

Subpart F--Wireless Radio Services Applications and Proceedings

    Brief Description: Part 1 rules state the general rules of 
practice and procedure before the Federal Communications Commission. 
Subpart F sets forth the requirements and conditions under which 
entities may be licensed in the Wireless Radio Services as described 
in parts 1, 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101.
    Need: These rules are needed to implement the Commission's 
policies with regard to the processing of applications, like 
applications to provide public safety services, for licenses under 
the Communications Act of 1934, as amended, and to update the rules 
to comply with Federal Registration Number (``FRN'') requirements.
    Legal Basis: 15 U.S.C 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r) and 309.
    Section Numbers and Titles:
1.913(g) Application and notification forms; electronic and manual 
filing.
1.934(d)(2) through (4) Defective applications and dismissal.

Subpart V--Implementation of Section 706 of the Telecommunications Act 
of 1996; Commission Collection of Advanced Telecommunications 
Capability Data

    Brief Description: Subpart V sets out the terms by which certain 
entities shall complete FCC Form 477 to 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: Subpart V implements the Commission's data collection 
authority pursuant to section 706 of the Telecommunications Act of 
1996.
    Legal Basis: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 
154(j), 155, 157, 225, and 303(r).
    Section Number and Title:

1.7001 Scope and content of filed reports.

Subpart W--FCC Registration Number

    Brief Description: Anyone doing business with the Commission is 
required to first obtain a unique identifying number called an FCC 
Registration Number, or ``FRN,'' which must be referenced when 
submitting or filing applications and remitting payments to the 
Commission. These rules describe the use of FRNs, identify the 
individuals and entities required to obtain FRNs and how they can be 
obtained, and set forth penalties for noncompliance.
    Need: To ensure compliance with the Debt Collection Improvement 
Act of 1996 (``DCIA''), these rules establish individual 
identification numbers (FRNs) used by individuals and entities when 
doing business with the FCC. FRNs are utilized by all Commission 
systems that handle financial, authorization of service, and 
enforcement activities, and enable our customers to be more easily 
identified as the filers of applications, reports, remittance 
payments and other documents with the FCC, thereby improving the 
Commission's ability to effectively forecast, assess and collect 
regulatory fees; track enforcement of fines and forfeiture actions; 
monitor and collect penalties; and manage the grant of waivers and 
exemptions.
    Legal Basis: 31 U.S.C. 3512(b) (mandating the establishment and 
maintenance of systems of accounting and internal controls); 31 CFR 
901.1 (requiring agencies to aggressively collect all debts arising 
out of the agency's activities).
    Section Numbers and Titles:

1.8001 FCC Registration Number (FRN).
1.8002 Obtaining an FRN.
1.8003 Providing the FRN in Commission filings.
1.8004 Penalty for Failure to Provide the FRN.

Subpart X--Spectrum Leasing

    Brief Description: This subpart covers the rules regarding 
spectrum leasing. These rules specify which services are subject to 
the general policies and procedures imposed by this subpart. In 
addition to providing the policies and requirements that govern the 
spectrum leasing process, these rules also make special provisions 
which apply to educational broadband, the Public Safety Radio 
Service, and the ancillary terrestrial component of Mobile Satellite 
Services.
    Need: By providing thorough guidance to any licensee seeking to 
lease its spectrum, these rules regulate and stimulate a robust 
secondary market.
    Legal Basis: 15 U.S.C. 79, et seq.; 47 U.S.C. 151, 154(i), 
154(j), 155, 157, 160, 201, 225, 227, 303, 309, 332, 1403, 1404, 
1451, 1452, 1455.
    Section Numbers and Titles:

1.9001 Purpose and scope.
1.9003 Definitions.
1.9005 Included services.
1.9010 De facto control standard for spectrum leasing arrangements.

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1.9020 Spectrum manager leasing arrangements.
1.9030 Long-term de facto transfer leasing arrangements.
1.9035 Short-term de facto transfer leasing arrangements.
1.9040 Contractual requirements applicable to spectrum leasing 
arrangements.
1.9045 Requirements for spectrum leasing arrangements entered into 
by licensees participating in the installment payment program.
1.9046 Special provisions related to spectrum manager leasing in the 
Citizens Broadband Radio Service.
1.9047 Special provisions relating to leases of educational 
broadband service spectrum.
1.9048 Special provisions relating to spectrum leasing arrangements 
involving licensees in the Public Safety Radio Services.
1.9049 Special provisions relating to spectrum leasing arrangements 
involving the ancillary terrestrial component of Mobile Satellite 
Services.
1.9050 Who may sign spectrum leasing notifications and applications.
1.9055 Assignment of file numbers to spectrum leasing notifications 
and applications.
1.9060 Amendments, waivers, and dismissals affecting spectrum 
leasing notifications and applications.
1.9080 Private commons.

Subpart Y--International Bureau Filing System

    Brief Description: Subpart Y describes the procedures for 
electronic filing of international and satellite services 
applications using the International Bureau Filing System (IBFS).
    Need: Subpart Y is necessary as it codifies the use of the 
International Bureau Filing System (IBFS) as an official method of 
filing applications related to satellite and international 
telecommunications services with the Commission. Electronic filing 
improves the speed and efficiency of application processing and also 
expedites the availability of application information for public use 
and inspection.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 
309 and 325(e).
    Section Numbers and Titles: (originally codified at 1.9000-9018)

1.10000 What is the purpose of these rules?
1.10001 Definitions.
1.10002 What happens if the rules conflict?
1.10003 When can I start operating?
1.10004 What am I allowed to do if I am approved?
1.10005 What is IBFS?
1.10006 Is electronic filing mandatory?
1.10007, (b) What applications can I file electronically?
1.10008 What are IBFS file numbers?
1.10009 What are the steps for electronic filing?
1.10010 Do I need to send paper copies with my electronic 
applications?
1.10011 Who may sign applications?
1.10012 When can I file on IBFS?
1.10013 How do I check the status of my application after I file it?
1.10014 What happens after officially filing my application?
1.10015 Are there exceptions for emergency filings?
1.10016 How do I apply for special temporary authority?
1.10017 How can I submit additional information?
1.10018 May I amend my application?

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES 
AND REGULATIONS

Subpart C--Emissions

    Brief Description: These rules specify the frequency bandwidth 
limits and a given class of emission. The emissions are useful for 
the functioning of the receiving equipment.
    Need: The rules provide the frequency bandwidths limits and the 
given class of emission.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.
    Section Number and Title:
    2.202 Bandwidths.

Subpart D--Call Signs and Other Forms of Identifying Radio 
Transmissions

    Brief Description: These rules require stations using radio 
frequencies that identify transmissions according to the procedures 
prescribed by the rules governing the class of station to which it 
belongs.
    Need: Call signs are required for each station to identify 
transmission governing the class of each station.
    Section Numbers and Titles:

2.301 Station identification requirement.
2.302 Call signs.
2.303 Other forms of identification of stations.

Subpart K--Importation of Causing Harmful Interference

    Brief Description: These rules update current rules to better 
accomplish interference prevention from radiofrequency devices and 
facilitate the filing of FCC Form 740 (Importation) information.
    Need: These rules are promulgated to control criteria thereby 
reducing filing and handling burden on both importers and the 
government and facilitates conversion to a method of electronic 
filing of importation information in cooperation with the U.S. 
Customs Service.
    Legal Basis: 47 U.S.C. 154(i), 302, 303(r).
    Section Numbers and Titles:

2.1203 General requirement for entry into the U.S.A.
2.1207 Examination of imported equipment.

PART 11--EMERGENCY ALERT SYSTEM (EAS)

Subpart B--Equipment Requirements

    Brief Description: These rules ensure that EAS decoders, 
encoders and combined units are compliant with the certification 
requirements and are capable of implementing the new EAS codes 
specified in section 11.31 and the logging features in section 
11.34(a)(4).
    Need: Ensuring that EAS decoders, encoders, and combined are 
properly certified and capable of meeting specific EAS requirements
    Legal Basis: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g), 606.
    Section Number and Title:

11.34(f) and (g) Acceptability of equipment.

PART 13--COMMERCIAL RADIO OPERATORS

    Brief Description: Part 13 rules set forth the manner and 
conditions under which commercial radio operators are licensed by 
the Commission pursuant to the Communications Act of 1934, as 
amended.
    Need: These rules are needed to define the application process 
for licensing commercial radio operators and to ensure the 
telegraphy requirements for commercial radio operator licenses 
remain unchanged.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Numbers and Titles:

13.9(d)(2) Eligibility and application for new license or 
endorsement.
13.13(d)(2) Application for a renewed or modified license.

PART 15--RADIO FREQUENCY DEVICES

Subpart A--General

    Brief Description: These rules sets out the regulations under 
which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. These rules contain the 
technical specifications, administrative requirements and other 
conditions relating to the marketing of part 15 devices.
    Need: These rules are necessary to promote the efficient use of 
the radio spectrum by preventing harmful interference to licensed 
radio services that share the same spectrum or nearby spectrum as 
unlicensed devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Numbers and Titles:

Subpart B--Unintentional Radiators

15.107 Conducted limits.
15.121 Scanning receivers and frequency converters used with 
scanning receivers.

Subpart C--Intentional Radiators

15.207 Conducted limits.
15.213 Cable locating equipment.
15.214 Cordless telephones.

Subpart F--Ultra-Wideband Operation

15.509 Technical requirements for ground penetrating radars and wall 
imaging systems.
15.510 Technical requirements for through D-wall imaging systems.
15.511 Technical requirements for surveillance systems.
15.517 Technical requirements for indoor UWB systems.
15.519 Technical requirements for hand held UWB systems.

PART 20--COMMERCIAL MOBILE SERVICES

    Brief Description: Part 20 rules set forth the Commission's 
requirements and conditions for commercial mobile radio service 
providers under the Communications Act of 1934, as amended.

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    Need: The amended rules are needed to update subsections which 
referred to services by previous names and subpart designations and 
it defines which mobile services will be treated as common carriage 
services pursuant to section 332 of the Communications Act.
    Legal Basis: 47 U.S.C. 154, 160, 201, 251-254, 301, 303, 316 and 
332. Section 20.12 is also issued under 47 U.S.C. 1302.
    Section Number and Title:

20.9(a)(6) through (9) Commercial mobile radio service.

    Brief Description: Section 20.15(c) provides that providers of 
commercial radio services (CMRS) shall not file tariffs for 
international and interstate service to their customers, interstate 
access service, or international operator services. The section 
further provides that sections 1.771 through 1.773 of part 61 of the 
rules do not apply to international and interstate services provided 
by commercial mobile radio service. Finally, the section further 
provides that providers of commercial mobile radio services must 
cancel their tariffs for international and interstate service to 
their customers, interstate access service, and international 
operator service. Section 20.15(d) provides that, except as provided 
in paragraphs (d)(1) and (d)(2), nothing in section 20.15(d) shall 
be construed to modify the Commission's rules and policies on the 
provision of international service under part 63 of the rules. 
Paragraph (d)(1) provides that, notwithstanding the provisions of 
section 63.21(c) of the rules (requiring carriers regulated dominant 
for a particular service on a particular route to file tariffs), a 
provider of commercial mobile radio service is not required to 
comply with section 42.10 of the rules. Section 20.15(d)(2) provides 
that a provider of commercial mobile radio service that is 
classified as dominant under section 63.10 of the rules because it 
is affiliated with a foreign carrier must comply with section 42.11 
of the rules if its affiliated foreign carrier collects settlement 
payments from U.S. carriers for terminating U.S.-originated 
international switched traffic at the foreign end of the route. Such 
a CMRS carrier is not required to comply with section 42.11 of the 
rules if it provides services on affiliated routes solely through 
the resale of an unaffiliated facilities-based provider's 
international switched traffic. Section 20.15(d)(3) provides that, 
for purposes of paragraphs (d)(1) and (d)(2) of section 20.15, the 
terms ``affiliated'' and ``foreign carrier'' are defined in section 
63.09 of the rules.
    Need: Section 20.15 is necessary to provide that providers of 
CMRS are not required under section 203 of the Communications Act, 
47 U.S.C. 203, to file a tariff for the international and interstate 
CMRS they provide to their customers or for interstate access 
service they provide to other carriers or their offer of 
international operator service. The rule is also needed to ensure 
that providers of CMRS do not voluntarily file tariffs for such 
services, as the Commission has concluded that competition among 
CMRS providers is the best way to ensure that rates, terms and 
conditions for CMRS are just and reasonable. Paragraphs (d)(1) and 
(d)(2) of section 20.15 are necessary to ensure that the 
Commission's decision to require the detariffing of CMRS is not 
frustrated by tariffing requirements in other services.
    Legal Basis: 47 U.S.C. 154, 160, 201, 251-254, 303, 316 and 332.
    Section Number and Title:

20.15 Requirements under Title II of the Communications Act.

    Brief Description: The note to rule 20.18(c) provided that 
operators of digital wireless systems must begin complying with the 
provisions of the rule paragraph on or before June 30, 2002. The 
rules in sections 20.18(g)(1), (2) and (i) make adjustments to the 
deployment schedule for 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: The Commission established December 31, 2001, as the 
deadline for carriers operating digital wireless systems to have 
obtained all software upgrades and equipment necessary to make their 
systems capable of transmitting 911 calls from TTY devices, but 
allowed wireless carriers an additional six-month period (until June 
30, 2002) to integrate, test, and deploy the technology in their 
systems in conjunction with the public safety community. The rules 
in sections 20.18(g)(1), (2) and (i) are needed to establish a 
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 Numbers and Titles:

20.18(c) 911 Service.
20.18(g)(1), (2), and (i) Phase-in for handset-based location 
technologies.

    Brief Description: Section 20.19 requires providers of covered 
mobile services and the manufacturers of handsets used with these 
services to offer a selection of hearing aid-compatible handsets. 
Providers and manufacturers must ensure that a certain minimum 
percentage or number of the handsets that they offer meet a 
specified rating for compatibility with hearing aids in acoustic 
coupling mode (coupling via the hearing aid microphone) and 
inductive coupling mode (coupling via a telecoil), as measured under 
Commission-approved technical standards.
    Need: Section 20.19 implements, for wireless handsets, the 
statutory requirement under 47 U.S.C. 610(b) that telephones and 
devices used for advanced communications services provide internal 
means for effective use with compatible hearing aids. The rule is 
also necessary to ensure reasonable access to commercial mobile 
services by persons with impaired hearing, as required under 47 
U.S.C. 610(a).
    Legal Basis: 47 U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 
214, 301, 303, 308, 309(j), 310, and 610.
    Section Number and Title:

20.19 Hearing aid-compatible mobile handsets.

PART 24--PERSONAL COMMUNICATIONS SERVICES

Subpart D--Narrowband PCS

    Brief Description: Part 24 sets forth rules relating to 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: These rules are needed to set forth which frequencies are 
available for narrowband PCS and to revise an erroneous reference to 
another rule section.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.
    Section Numbers and Titles:

24.129 Frequencies.
24.133(a) Emission limits.

Subpart E--Broadband PCS

    Brief Description: This subpart covers the technical 
requirements for broadband Personal Communications Services 
operations in the 1850-1910 and 1930-1990 MHz bands. These rules 
require licensees to make a substantial service showing in their 
license area within ten years of the date of the initial grant or 
license renewal in order to avoid forfeiture of the license, and 
specify that the 1910-1915 MHz frequency block is to be used for 
mobile station transmissions while the 1990-1995 MHz block shall be 
used for base station transmissions.
    Need: By imposing a substantial service standard on the Personal 
Communications Services construction requirement and designating the 
types of transmissions authorized on the paired frequency blocks 
1910-1915 and 1990-1995 MHz, these rules incentivize the active use 
of spectrum.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309, 332.
    Section Numbers and Titles:

24.203(d) Construction requirements.
24.229(c) Frequencies.

PART 25--SATELLITE COMMUNICATIONS

Subpart A--General

    Brief Description: Part 25 contains the Commission's rules 
governing the licensing and operation of space stations and earth 
stations. It includes application requirements, technical 
requirements, operational requirements, and coordination 
requirements for various satellite services. The rules also define 
the Commission's processing of applications.
    Need: The part 25 rules are needed to ensure that satellite 
services may be provided

[[Page 9286]]

without harmful interference and consistent with the public 
interest.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, 721.
    Section Numbers and Titles:

25.103 Definitions.

Subpart B--Applications and Licenses

25.110 Filing of applications, fees, and number of copies.
25.111(b), (c) Additional information, ITU filings, and ITU cost 
recovery.
25.112(a)(3), (b) introductory text Dismissal and return of 
applications.
25.113(b) [formerly partially in 25.136, 25.143(i), (j), (k)], (g), 
(h) Station construction, deployment approval, and operation of 
spare satellites.
25.114 Applications for space station authorizations.
25.115(a), (c)(2), (e), (f) Applications for earth station 
authorizations.
25.116(b)(5), (c) introductory text, (d), (e) Amendments to 
applications.
25.117(a), (c), (d)(1), (2), (3), (f) Modification of station 
license.
25.118(a), (b), (e) Modifications not requiring prior authorization.
25.119(a), (c), (d), (g) Assignment or transfer of control of 
station authorization.
25.120(b) Application for special temporary authorization.
25.121 License term and renewals.
25.129 Equipment authorization for portable earth-station 
transceivers.
25.130(a) Filing requirements for transmitting earth stations.
25.131(a), (b), (h), (i), (j) Filing requirements and registration 
for receive-only earth stations.
25.132(a) Verification of earth station antenna performance.
25.135(c), (d) Licensing provisions for earth station networks in 
the non-voice, non-geostationary Mobile-Satellite Service.
25.287 [formerly partially in 25.136] Requirements pertaining to 
operation of mobile stations in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, 
and 2 GHz Mobile-Satellite Service bands.
25.137 Requests for U.S. market access through non-U.S.-licensed 
space stations.
25.138(a) introductory text, (a)(6), (f) Licensing requirements for 
GSO FSS earth stations in the conventional Ka-band.
25.139 NGSO FSS coordination and information sharing between MVDDS 
licensees in the 12.2 GHz to 12.7 GHz band.
25.140(a) [formerly generally in 25.140(b)] Further requirements for 
license applications for GSO space station operation in the FSS and 
the 17/24 GHz BSS.
25.142(a)(1) Licensing provisions for the non-voice, non-
geostationary Mobile-Satellite Service.
25.144(b) Licensing provisions for the 2.3 GHz satellite digital 
audio radio service.
25.145 Licensing provisions for the FSS in the 18.3-20.2 GHz and 
28.35-30.0 GHz bands.
25.146 Licensing and operating rules for the NGSO FSS in the 10.7-
14.5 GHz bands.
25.148 Licensing provisions for the Direct Broadcast Satellite 
Service.
25.149 Application requirements for ancillary terrestrial components 
in Mobile-Satellite Service networks operating in the 1.5/1.6 GHz 
and 1.6/2.4 GHz Mobile-Satellite Service.
25.154(a)(3), (c), (d) Opposition to applications and other 
pleadings.
25.155 Mutually exclusive applications.
25.156(d) Consideration of applications.
25.157 Consideration of applications for NGSO-like satellite 
operation.
25.158 Consideration of applications for GSO-like satellite 
operation.
25.159 Limits on pending applications and unbuilt satellite systems.
25.161(a) Automatic termination of station authorization.
25.164 Milestones.
25.165 Surety bonds.

Subpart C--Technical Standards

25.202(a) Frequencies, frequency tolerance, and emission limits.
25.208(c), (d), (l), (m), (o), (p)-(t) Power flux density limits.
25.209(h)(1) Antenna performance standards.
25.210(c) [formerly in 25.215], (f), (j) Technical requirements for 
space stations.
25.216 Limits on emissions from mobile earth stations for protection 
of aeronautical radionavigation-satellite service.
25.217 Default service rules.
25.253 Special requirements for ancillary terrestrial components 
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
25.254 Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
25.255 Procedures for resolving harmful interference related to 
operation of ancillary terrestrial components operating in the 1.5/
1.6 GHz and 1.6/2.4 GHz bands.
25.258 Sharing between NGSO MSS feeder-link stations and GSO FSS 
services in the 29.25-29.5 GHz band.
25.261 Procedures for avoidance of in-line interference events for 
Non Geostationary Satellite Orbit (NGSO) Satellite Network 
Operations in the Fixed-Satellite Service (FSS) Bands.

Subpart D--Technical Operations

25.271(e) Control of transmitting stations.
25.280 Inclined orbit operations.
25.282 Orbit raising maneuvers.
25.283 End-of-life disposal.
25.284 Emergency Call Center Service.
25.285 [formerly generally in 25.143(i), (j), (k)] Operation of MSS 
and ATC transmitters or transceivers on board civil aircraft.

Subpart F--Competitive Bidding Procedures for DARS

25.401 Satellite DARS applications subject to competitive bidding.
25.404 Submission of down payment and filing of long-form 
applications.
25.601 Equal employment opportunities.
25.701 Other DBS Public interest obligations.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

Subpart B--Applications and Licenses

    Brief Description: Part 27 contains service and licensing rules 
for Miscellaneous Wireless Communications Services. Subpart B 
establishes application and licensing requirements applicable to a 
number of spectrum bands, including AWS-1 (Advance Wireless 
Services) stations operating in the 1710-1755/2110-2155 MHz band.
    Need: The revised rules specify channel blocks for AWS-1 
(27.11(i)) and establish the term for licenses to operate in these 
frequencies (27.13(g)). The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 
337, 1403, 1404 and 1451.
    Section Numbers and Titles:

27.11(i) Initial authorization.
27.13(g) License period.

Subpart C--Technical Standards

    Brief Description: This subpart contains the rules for the 
miscellaneous wireless communications services. These rules specify 
power and antenna height requirements for stations transmitting in 
the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 
1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz, and 
2180-2200 MHz bands; additionally, under these rules, all operation 
in the above bands is subject to international agreements with 
Mexico and Canada. These rules also impose separate power limit 
restrictions on stations operating in the Broadband Radio Service 
and Educational Broadband Service, in addition to specifying the 
attenuation requirement relating to out-of-band emissions for 
stations operating in the 600 MHz band and the 698-746 MHz band.
    Need: In providing protection for adjacent operators, these 
rules protect television stations from interference and ensure that 
consumers continue to benefit from television broadcasts.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, 307, 309, 332, 
336, 337, 1403, 1404, 1451, 1452.
    Section Numbers and Titles:

27.50(d), (h) Power limits and duty cycle.
27.53(g), (l) Emission limits.
27.55(a)(4) Power strength limits.
27.57(c) International coordination.

Subpart L--1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 2110-2155 MHz, 
2155-2180 MHz, 2180-2200 MHz Bands

    Brief Description: Part 27 contains service and licensing rules 
for Miscellaneous Wireless Communications Services. Subpart L 
contains specific rules applicable to AWS-1 (Advanced Wireless 
Service) stations operating in the 1710-1755/2110-2155 MHz band, and 
rules applicable to AWS-3 stations operating in the 1695-1710 and 
1755-1780/2155-2180 MHz bands and to AWS-4 stations operating in the 
2000-2020/2180-2200 MHz bands.
    Need: The revised rules establish licensing and competitive 
bidding rules for the AWS-1, AWS-3 and AWS-4 bands, as well as rules

[[Page 9287]]

regarding protection and relocation of incumbent operations in these 
frequency bands. The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 
337, 1403, 1404 and 1451.
    Section Numbers and Titles:

27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive 
bidding.
27.1102 Designated Entities in the 1710-1755 MHz and 2110-2155 MHz 
bands.
27.1111 Relocation of fixed microwave service licensees in the 2110-
2150 and 2160-2200 MHz bands.
27.1131 Protection of part 101 operations.
27.1132 Protection of incumbent operations in the 2150-2160/62 MHz 
band.
27.1133 Protection of part 74 and part 78 operations.
27.1134 Protection of Federal Government operations.
27.1135 Protection of non-Federal Government Meteorological-
Satellite operations.

Subpart M--Broadband Radio Service and Educational Broadband Service

    Brief Description: Part 27 contains service and licensing rules 
for Miscellaneous Wireless Communications Services. Subpart M 
contains specific rules applicable to the Broadband Radio Service 
(BRS) and Educational Broadband Service (EBS) that operate in the 
2500-2690 MHz band.
    Need: The rules establish service, licensing, competitive 
bidding and technical rules for BRS and EBS. The rules also 
establish policies governing transition of 2500-2690 MHz band to use 
by BRS and EBS. Prior to January 10, 2005 these frequencies had been 
assigned to the Multipoint Distribution Service (MDS) and the 
Multichannel Multipoint Distribution Service (MMDS) and the 
Instructional Television Fixed Service (ITFS). The need for these 
rules is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 
337, 1403, 1404 and 1451.
    Section Numbers and Titles:

27.1200 Change to BRS and EBS.
27.1201 EBS eligibility.
27.1202 Cable/BRS cross-ownership.
27.1203 EBS programming requirements.
27.1206 Geographic Service Area.
27.1207 BTA license authorization.
27.1208 BTA service areas.
27.1209 Conversion of incumbent EBS and BRS stations to geographic 
area licensing.
27.1210 Remote control operation.
27.1211 Unattended operation.
27.1212 License term.
27.1213 Designated entity provisions for BRS in Commission auctions 
commencing prior to January 1, 2004.
27.1214 EBS spectrum leasing arrangements and grandfathered leases.
27.1215 BRS grandfathered leases.
27.1216 Grandfathered E and F group EBS licenses.
27.1217 Competitive bidding procedures for the Broadband Radio 
Service.
27.1218 Designated entities.
27.1220 Transmission standards.
27.1221 Interference protection.
27.1222 Operations in the 2568-2572 and 2614-2618 bands.
27.1230 Conversion of the 2500-2690 MHz band.
27.1231 Initiating the transition.
27.1232 Planning the transition.
27.1233 Reimbursement costs of transitioning.
27.1234 Terminating existing operations in transitioned markets.
27.1235 Post-transition notification.

PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES

    Brief Description: Part 32 implements section 220 of the 
Communications Act of 1934, as amended, which requires the 
Commission to ``prescribe a uniform system of accounts for use by 
telephone companies.'' The part 32 rules contain the current Uniform 
System of Accounts that apply to regulated telephone companies, 
which were amended in 1986 to respond to the introduction of 
competition and new products and services in the telecommunications 
market. Part 32 specifies the asset, revenue and expense accounts 
that must be maintained.
    Need: The Commission initiated a rulemaking on August 18, 2014 
to determine whether part 32 rules could be streamlined to reduce 
regulatory burdens while maintaining access to the data the 
Commission needs to fulfill its statutory and regulatory 
obligations. Comprehensive Review of the Part 32 Uniform System of 
Accounts, 29 FCC Rcd 10638 (2014).
    Legal Basis: 47 U.S.C. 154(i) and (j), and 220.
    Section Numbers and Titles:

Subpart B--General Instructions

32.16(a) Changes in accounting standards.
32.17 Interpretation of accounts.
32.19 Address for reports and correspondence.
32.24(b) Compensated absences.
32.27(a) Transactions with affiliates.

Subpart C--Instructions for Balance Sheet Accounts

32.101 Structure of the balance sheet accounts.
32.103 Balance sheet accounts for other than regulated-fixed assets 
to be maintained.
32.1120 Cash and equivalents.
32.1170 Receivables.
32.1171 Allowance for doubtful accounts.
32.1220(g), (h) Inventories.
32.1280 Prepayments.
32.1350 Other current assets.
32.1410 Other noncurrent assets.
32.1438(a) Deferred maintenance and retirements.
32.2000(a)(2), (4), (b)(2)(i), (iii), (iv), (c)(2)(x), (xiii), 
(d)(2)(i), (4), (5), (f)(3)(i), (g)(3), (5), (h)(3), (j) 
Instructions for telecommunications plant accounts.
32.2003(c) Telecommunications plant under construction.
32.2005(b) Telecommunications plant adjustment.
32.2007(a) Goodwill.
32.2111(f), (g) Land.
32.2210 Central office--switching.
32.2211(a) Non-digital switching.
32.2212(b), (c), (d) Digital electronic switching.
32.2231 Radio systems.
32.2232(b), (c), (d) Circuit equipment.
32.2311(f) Station apparatus.
32.2424(a) Submarine & deep sea cable.
32.2682(c) Leasehold improvements.
32.2690 Intangibles.
32.3000(a)(2), (b) Instructions for balance sheet accounts--
Depreciation and amortization.
32.3100(b), (d) Accumulated depreciation.
32.3200(b) Accumulated depreciation--held for future 
telecommunications use.
32.3300(b), (c) Accumulated depreciation--nonoperating.
32.3410(b), (c) Accumulated amortization--capitalized leases.
32.3999 Instructions for balance sheet accounts--liabilities and 
stockholders' equity.
32.4000 Current accounts and notes payable.
32.4040(b) Customers' deposits.
32.4070 Income taxes--accrued.
32.4080 Other taxes--accrued.
32.4110(c), (f) Net current deferred nonoperating income taxes.
32.4130 Other current liabilities.
32.4200 Long term debt and funded debt.
32.4300 Other long-term liabilities and deferred credits.
32.4330 Unamortized nonoperating investment tax credits--net.
32.4341(a), (b)(2) Net deferred tax liability adjustments.
32.4350(b), (e) Net noncurrent deferred nonoperating income taxes.
32.4361 Deferred tax regulatory adjustments--net.
32.4540 Other capital.

Subpart D--Instructions for Revenue Accounts

32.5000 Basic local service revenue.
32.5001 Basic area revenue.
32.5060 Other basic area revenue.
32.5081 End user revenue.
32.5082 Switched access revenue.
32.5083 Special access revenue.
32.5100 Long distance message revenue.
32.5200 Miscellaneous revenue.
32.5230 Directory revenue.
32.5280(c) Nonregulated operating revenue.
32.5300 Uncollectible revenue.

Subpart E--Instructions for Expense Accounts

32.5999(b)(4), (c), (g) General.
32.6110 Network support expenses.
32.6112(b) Motor vehicle expense.
32.6113(b) Aircraft expense.
32.6114(b) Tools and other work equipment expense.
32.6120 General support expenses.
32.6124 General purpose computers expense.
32.6210 Central office switching expenses.
32.6211 Non-digital switching expense.
32.6212 Digital electronic switching expense.
32.6230 Central office transmission expense.
32.6232 Circuit equipment expense.
32.6310 Information origination/termination expenses.

[[Page 9288]]

32.6410 Cable and wire facilities expenses.
32.6424 Submarine and deep sea cable expense.
32.6510 Other property, plant and equipment expenses.
32.6512 Provisioning expense.
32.6530 Network operations expense.
32.6560 Depreciation and amortization expenses.
32.6561 Depreciation expense--telecommunications plant in service.
32.6563 Amortization expense--tangible.
32.6564 Amortization expense--intangible.
32.6565 Amortization expense--other.
32.6610 Marketing.
32.6611 Product management and sales.
32.6620 Services.
32.6621 Call completion services.
32.6623 Customer services.
32.6720 General and administrative.
32.6790 Provision for uncollectible notes receivable.

Subpart F--Instructions for Other Income Accounts

32.6999 General.
32.7100 Other operating income and expenses.
32.7200 Operating taxes.
32.7210(b) Operating investment tax credits--net.
32.7240(d), (e), (g) Operating other taxes.
32.7300 Nonoperating income and expense.
32.7400 Nonoperating taxes.
32.7500 Interest and related items.
32.7600 Extraordinary items.

PART 42--PRESERVATION OF RECORDS OF COMMUNICATIONS COMMON CARRIERS

    Brief Description: Section 42.10 provides that non-dominant 
interexchange carriers (IXCs), which category includes providers of 
commercial mobile radio services (CMRS), must make available to the 
public, in an easily understood format, and during regular business 
hours, information on the rates, terms and conditions for all of its 
international, interstate, domestic, interexchange services.
    Need: Section 42.10 is needed to ensure that the information 
that was formerly contained in the carriers' tariffs and publicly 
available will continue to be available to users once the carriers 
have detariffed their services.
    Legal Basis: 47 U.S.C. 154(i), 219 and 220.
    Section Number and Title:

42.10 Public availability of information concerning interexchange 
services.

    Brief Description: Section 42.11(a) requires non-dominant 
interexchange carriers (IXCs) to retain price and service 
information for all their domestic and international interexchange 
services, and to make such information available to the Commission 
and state regulators upon request. The section, however, clarifies 
that one class of IXC, providers of commercial mobile radio services 
(CMRS) need retain such price and service information only for their 
international common carrier service operations and only on routes 
on which they have been classified as dominant under section 63.10 
of the rules due to affiliation with a foreign telecommunications 
carrier that collects settlement payments from U.S. carriers for 
terminating U.S. international switched traffic at the foreign end 
of the route. The rule also makes clear that CMRS providers are not 
required to retain price and service information on affiliated 
routes (i.e., routed on which they are affiliated with a foreign 
carrier at the foreign end) if they provide service on that route 
solely through the resale of international switched 
telecommunications services that they purchase from an unaffiliated 
facilities-based provider. Finally the rule states that the price 
and service information the rule requires subject carriers to retain 
includes documents supporting the rates terms and conditions of 
covered services and requires carriers to retain the records in such 
a way that they can produce such records within 10 days of a 
request.
    Need: Section 42.11 is needed to ensure that a CMRS carrier that 
is dominant on a particular route because is affiliated with a 
foreign carrier that collects settlement payments from U.S. carriers 
for terminating switched international services at the foreign end 
of the call does not abuse its affiliated position by unfairly 
routing return traffic to the United States through the affiliated 
CMRS carrier and thereby to reduce the amount of return traffic and 
settlement payments other U.S. carriers receive.
    Legal Basis: 47 U.S.C. 154(i), 219 and 220.
    Section Number and Title:

42.11 Retention of information concerning detariffed interexchange 
services.

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    Brief Description: Part 43 includes requirements that have been 
promulgated under authority of sections 211 and 219 of the 
Communications Act of 1934, as amended, with respect to the filing 
by communication common carriers and certain of their affiliates of 
periodic reports and certain other data, but do not include certain 
requirements relating to the filing of information with respect to 
specific services, accounting systems, and other matters 
incorporated in other parts of Chapter 47.
    Need: Section 43.11(a) sets out the terms by which providers of 
local exchange telephone service, commercial mobile radio service, 
and Interconnected Voice over IP service shall complete FCC Form 477 
to report data to the Commission concerning those services.
    Legal Basis: 47 U.S.C. 154; Telecommunications Act of 1996, 
Public Law 104-104, secs. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as 
amended unless otherwise noted. 47 U.S.C. 211, 219, 220 as amended.
    Section Number and Title:

43.11 Reports of local exchange competition data.

    Brief Description: Section 43.51 imposes on U.S. 
telecommunications carriers identified in section 43.51(b) a general 
obligation to file with the Commission, within 30 days of execution 
thereof, a copy of all contracts, agreements, concessions, licenses, 
authorizations, operating agreements, or other arrangements 
(including amendments) to which it is a party with respect to 
exchange of services, the interchange or routing of traffic, and 
matters concerning rates, accounting rates, divisions of tolls, or 
the basis of settlement of traffic balances. Section 43.51(b)(1) 
provides that the general filing rule applies to domestic dominant 
carriers. Section 43.51(b)(2) provides that the filing rule applies 
to U.S. international carriers that have been classified as dominant 
on any route included in the contract (other than those so 
classified because of a foreign-carrier affiliation under section 
63.10.) Section 43.51(c) provides that contracts for domestic-only 
service do not need to be filed with the Commission but need to be 
made available upon reasonable request. Section 43.51(d) states that 
any U.S. carrier, other than a provider of commercial radio 
services, that is engaged in foreign communications, and enters into 
an agreement with a foreign carrier, is subject to the Commission's 
authority to require the U.S. carrier providing service on any U.S.-
international routes to file, on an as-needed basis, a copy of each 
agreement to which it is a party.
    Need: The general rule in section 43.51 that carriers must file 
copies of their contracts and operating agreements is needed to 
require domestic dominant carriers to file their contracts and to 
address issues on the U.S.-Cuba route and more generally allow the 
Commission to obtain contracts for routes on which there is, or has 
been an allegation of, anticompetitive conduct. ISP Reform Order, 19 
FCC Rcd 5709, 5736 (2009).
    Legal Basis: 47 U.S.C. 154, 211, 219 and 220.
    Section Number and Title:

43.51 Contracts and concessions.

PART 51--INTERCONNECTION

Subpart D--Additional Obligations of Incumbent Local Exchange Carriers 
(LECs)

    Brief Description: This subsection generally implements section 
251(c) of the Communications Act of 1934, as amended. Section 51.323 
establishes rules addressing how an incumbent LEC may assign and 
configure physical collocation space, as well as standards for 
providing virtual collocation. Paragraph (f)(7) of this section 
requires incumbent LECs to assign collocation space to requesting 
carriers in a just, reasonable, and nondiscriminatory manner, to 
allow each requesting carrier to submit space preferences prior to 
assigning physical collocation space to that carrier, and to ensure 
that their space assignment policies and practices meet certain 
minimum principles. Paragraphs (i)(4)(i) through (v), (5), and 
(6)(i) establish parameters for certain types of reasonable security 
measures that the incumbent LEC may adopt as part of its collocation 
policies to protect its equipment and ensure network reliability. 
These paragraphs include conditions the incumbent LEC must meet if 
it restricts physical collocation to space separated from that space 
housing its own equipment, requires the employees and contractors of 
collocating carriers to use a central or separate entrance to the 
incumbent's building, and constructs or requires construction of a 
separate entrance to access physical collocation space.

[[Page 9289]]

    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 a proper balance of the congressional goal of promoting 
competition against the need to protect an incumbent LEC's property 
interests against unwarranted intrusion.
    Legal Basis: 47 U.S.C. 151,152, 202, 251(a) and 251(c)(2).
    Section Number and Title:

51.323(f)(7), (i)(4)(i) through (v), (i)(5), and (i)(6)(i) Standards 
for physical collocation and virtual collocation.

Subpart H--Reciprocal Compensation for Transport and Termination of 
Telecommunications Traffic

    Brief Description: The part 51 rules are designed to implement 
the provisions of sections 251 and 252 of the Communications Act of 
1934, as amended. Part 51, subpart H, sets forth the rules regarding 
reciprocal compensation for the transport and termination of 
telecommunications traffic between local exchange carriers (LECs) 
and other carriers. Section 51.711 provides two exceptions to the 
general rule that the rates for reciprocal compensation must be 
symmetrical.
    The exception in section 51.711(c) provides that a state 
commission, pending further proceedings before the Commission, must 
establish the rates that certain licensees may assess upon other 
carriers for the transport and termination of telecommunications 
traffic.
    Need: Section 51.711(c) was adopted to set forth an exception to 
the general rule that the rates for reciprocal compensation must be 
symmetrical.
    Legal Basis: 47 U.S.C. 251 and 252.
    Section Number and Title:

51.711(c) Symmetrical reciprocal compensation.
    Brief Description: The part 51 rules are designed to implement 
the provisions of sections 251 and 252 of the Communications Act of 
1934, as amended. Part 51, subpart H, sets forth the rules regarding 
reciprocal compensation for the transport and termination of 
telecommunications traffic between local exchange carriers (LECs) 
and other carriers. Section 51.715 provides that, upon request from 
a carrier without an existing interconnection agreement with an 
incumbent LEC, the incumbent LEC must provide transport and 
termination of telecommunication traffic immediately under an 
interim arrangement pending resolution of negotiation or arbitration 
regarding transport and termination rates and approval of such rates 
by a state commission. Section 51.715 specifies that an interim 
arrangement will cease to be in effect when certain situations 
outlined in the section occur with respect to rates for transport 
and termination of telecommunications traffic subject to the interim 
arrangement.
    Need: Section 51.715(c) was adopted to clarify interim transport 
and termination pricing under a variety of scenarios.
    Legal Basis: 47 U.S.C. 251 and 252.
    Section Number and Title:

51.715 Interim transport and termination pricing.

PART 52--NUMBERING

Subpart B--Administration

    Brief Description: These rules implement the requirements of 
section 251(e) of the Communications Act of 1934, as amended, which 
gives the Commission exclusive jurisdiction over those portions of 
the North American Numbering Plan that pertain to the United States. 
Section 52.15 provides the rules governing management and 
administration of U.S. Central Office code numbering resources. 
Paragraph (g)(4) of this section establishes procedures to address 
carrier noncompliance with these rules. Paragraph (g)(5) of this 
section establishes procedures for state regulatory commissions to 
obtain access to service providers' applications for numbering 
resources. Paragraph (h) establishes a national utilization 
threshold for growth numbering resources, and paragraph (k) sets 
forth rules for numbering audits to verify carrier compliance with 
Commission regulations and applicable industry guidelines relating 
to numbering administration.
    Need: These rules provide a framework for ensuring fair and 
impartial access to numbering resources, which is a critical 
component of encouraging a competitive telecommunications market in 
the United States.
    Legal Basis: 47 U.S.C. 151, 152 and 251(e).
    Section Number and Title:

52.15(g)(4)-(5), (h), and (k) Central office code administration.

Subpart C--Number Portability

    Brief Description: These rules implement the requirements of 
section 251(b)(2) of the Communications Act of 1934, as amended, 
which requires all LECs ``to provide, to the extent technically 
feasible, number portability in accordance with the requirements 
prescribed by the Commission.'' Section 52.21 provides the 
definitions governing the number portability rules. Paragraph (a) 
sets forth the definition of the term 100 largest MSAs, as used in 
this subpart.
    Need: This subpart provides rules that are designed to ensure 
that users of telecommunications services can retain, at the same 
location, their existing telephone numbers when they switch from one 
local exchange telecommunications carrier to another. In 
implementing statutory requirements for number portability, these 
rules provide necessary information regarding terms that may have 
different definitions outside the number portability context.
    Legal Basis: 47 U.S.C. 151, 152, 251(e).
    Section Number and Title:

52.21(a) Definitions 100 largest MSAs.

    Brief Description: Section 52.33 permits incumbent local 
exchange carriers (LECs) to file tariffs with the Commission 
establishing a monthly number-portability charge, a number-
portability query-service charge, and a number-portability query/
administration charge, to recover carrier specific costs directly 
related to providing long-term number portability. Section 
52.33(a)(3) specifies that incumbent local exchange carriers serving 
an area outside the 100 largest MSAs that do not yet provide local 
number portability (LNP) functionality but provide Extended Area 
Service (EAS) may recover their query and LNP Administration costs 
through end-user charges, and that the carrier can assess such 
charges for a maximum of five years. The subsection also allows all 
interconnected VoIP providers and telecommunications carriers that 
are not incumbent LECs to recover such costs in any manner 
consistent with state and federal law and regulation.
    Need: In implementing the statutory requirements for number 
portability and the promotion of local exchange competition, this 
rule permits telecommunications carriers to recover the costs of 
providing long-term number portability in a competitively neutral 
manner, as required by section 251(e) of the Communications Act of 
1934, as amended.
    Legal Basis: 47 U.S.C. 153,154, 201-205, 207-209, 218, 225-227, 
251-252, 271, and 332.
    Section Number and Title:

52.33(a)(3) Recovery of carrier-specific costs directly related to 
providing long-term number portability.

PART 54--UNIVERSAL SERVICE

Subpart A--General Information

    Brief Description: These rules provide general information 
regarding the Universal Service Fund, including various terms and 
definitions that are referenced throughout part 54 of the 
Commission's rules.
    Need: In implementing statutory requirements for the Universal 
Service Fund, these rules provide necessary information regarding 
terms that may have different definitions outside the universal 
service context.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.5 Terms and definitions.

    Brief Description: Part 54 implements section 254 of the 
Communications Act of 1934, as amended, which provides financial 
support to four different universal service programs. Section 54.8 
provides rules for denying support to entities that have been 
convicted of fraud or other criminal activities related to the four 
universal service programs.
    Need: Denying bad actors support from the four universal service 
programs should deter waste, fraud, and abuse, thus helping to 
protect the integrity of the programs and to help ensure that 
support is used only in furtherance of the purposes of the four 
programs.
    Legal Basis: 47 U.S.C. 151-154, 201-205, 214, 254, and 403.
    Section Number and Title:

54.8 Prohibition on participation: suspension and debarment. 
[Originally adopted as 54.521--in 2003, addressing only violations 
of the E-rate program. In 2007 it was expanded to cover all 4 
universal service programs and moved to 54.8.]

[[Page 9290]]

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, as well as reporting and certification 
requirements about the use of such support and the application 
process to receive such support in certain instances.
    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 Titles:

54.305 Sale or transfer of exchanges.
54.307 Support to a competitive eligible telecommunications carrier.
54.313 Annual reporting requirements for high-cost recipients.
54.314 Certification of support for eligible telecommunications 
carriers.
54.315 Application process for phase II support distributed through 
competitive bidding.

Subpart F--Universal Service Support for Schools and Libraries

    Brief Description: Part 54 implements section 254 of the 
Communications Act of 1934, as amended, which provides financial 
support to four different universal service programs. Subpart F of 
the rules implementing section 254, creates and regulates the E-rate 
program, known more formally as the schools and libraries universal 
service support mechanism. It provides discounts to schools and 
libraries for access to broadband and related services. The annual 
Eligible Services List and section 54.506(a) specifies what types of 
service are eligible for E-rate support, which include 
telecommunications services, telecommunications, Internet access, 
internal connections, basic maintenance and managed internal 
broadband services internal connections. Section 54.506(b) clarified 
what basic maintenance services were eligible for E-rate support: 
those that were basic and needed to maintain the internal 
connections in working order. Section 54.502(c), formerly 54.506(c), 
limits the frequency that an applicant may receive funding for 
internal connections (category two services) to no more than twice 
in a five-year period (the ``2 in 5'' rule). Although it has not 
been rescinded, the E-rate program established five-year budgets 
starting in 2015 (based on student count and library size) for 
applicants requesting E-rate funding for internal connections and, 
thus, the ``2 in 5'' rule is not applicable to those applicants 
purchasing internal connections (category two services) until after 
applicants' five-year budget cycles area completed, absent further 
action from the Commission.
    Need: The Commission wanted to provide guidance on what services 
were eligible for E-rate support, but not to fund any extras, given 
the limited size of the universal service fund. The Commission also 
seeks to prevent applicants from wastefully replacing internal 
connections more frequently than needed. The current five-year 
budget cap (54.502(b)(1)) currently replaces the ``2 in 5'' rule, 
but the ``2 in 5'' rule will return absent Commission action 
starting in funding year 2019.
    Legal Basis: 47 U.S.C. 151-154, 201-205, 214, 254, and 403.
    Section Numbers and Titles:

54.500 Terms and Definitions.
54.502(a)-(c) Eligible Services.

    The annual E-rate Eligible Services List (ESL) [formerly 
54.506(a)-(b)].
    Brief Description: Part 54 implements section 254 of the 
Communications Act of 1934, as amended, which provides financial 
support to four different universal service programs. Subpart F of 
the rules implementing section 254, creates and regulates the E-rate 
program, known more formally as the schools and libraries universal 
service support mechanism. It provides discounts to schools and 
libraries for access to broadband and related services. Section 
54.514 requires service providers to give applicants the choice each 
funding year to pay either: (1) The discounted price; or (2) the 
full price and then receive reimbursement through the Billed Entity 
Applicant Reimbursement (BEAR) process. It also directed service 
providers to pass any such reimbursements back to applicants within 
20 days of receiving them.
    Need: The Commission found that providing applicants, rather 
than service providers, with the right to choose which payment 
method to use would help to ensure that all schools and libraries 
have affordable access to telecommunications and Internet access 
services because some applicants appeared unable to afford to pay 
the full undiscounted price up front, and then wait for a 
reimbursement.
    Legal Basis: 47 U.S.C. 151-154, 201-205, 214, 254, and 403.
    Section Number and Title:

54.514 Payment for discounted services.

    Brief Description: Part 54 implements section 254 of the 
Communications Act of 1934, as amended, which provides financial 
support to four different universal service programs. Subpart F of 
the rules implementing section 254, creates and regulates the E-rate 
program, known more formally as the schools and libraries universal 
service support mechanism. It provides discounts to schools and 
libraries for access to broadband and related services. Section 
54.516 concerns program auditing and requirements that applicants 
and service providers retain all records relevant to E-rate 
supported purchases for 10 years and be available for audits and 
compliance inspections.
    Need: In its July 2014 E-Rate Modernization Order, the 
Commission reiterated its commitment to protecting the universal 
service fund against waste, fraud, and abuse, and extended the time 
period over which applicants and service providers must retain 
records associated with E-rate supported purchases from 5 years to 
10 years. The Order explained that the 5-year requirement was not 
adequate for purposes of litigation under the False Claims Act.
    Legal Basis: 47 U.S.C. 151-154, 201-205, 214, 254, and 403.
    Section Number and Title:

54.516 Auditing and inspections.

    Brief Description: This rule implements the requirements for the 
Children's Internet Protection Act (CIPA) for participation in the 
E-rate program, known more formally as the schools and libraries 
universal service support mechanism. Specifically, schools and 
libraries with computers with Internet access must certify that they 
have in place certain Internet safety policies and technology 
protection measures in order to be eligible for certain E-rate 
services.
    Need: Implements CIPA in a manner consistent with Congress's 
intent to ensure that schools and libraries receive discounts for 
eligible E-rate services and is crafted in the most practical and 
efficacious way possible to provide schools and libraries with 
maximum flexibility in determining the best approach to be 
compliant.
    Legal Basis: 47 U.S.C. 254(h)(1)(B).
    Section Number and Title:

54.520 Children's Internet Protection Act certifications required 
from recipients of discounts under the federal universal service 
support mechanism for schools and libraries.

Subpart H--Administration

    Brief Description: These rules specify the requirements 
regarding the Universal Service Administrative Company, as the 
permanent Administrator for the Universal Service support mechanism. 
These rules establish the Administrator's functions and 
responsibilities, as well as the composition of the Administrator's 
Board of Directors and Committees. These rules also establish 
requirements regarding contributions and contributor reporting 
requirements.
    Need: In implementing statutory requirements for the Universal 
Service support mechanism, these rules provide the framework and 
requirements for the administration of the program.
    Legal Basis: 47 U.S.C. 254.
    Section Numbers and Titles:

54.701 Administrator of universal service support mechanisms.
54.702 Administrator's functions and responsibilities.
54.705 Committees of the Administrator's Board of Directors.
54.709 Computations of required contributions to universal service 
support mechanisms.
54.711 Contributor reporting requirements.
54.715 Administrative expenses of the Administrator.

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

[[Page 9291]]

accompanying support materials for tariffs. Section 61.1 sets out 
the framework that governs tariff publications and their revisions.
    Need: Section 61.1(b) sets out provisions for tariff publication 
conformance, including the payment of statutory charges and the use 
of FCC registration numbers.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.1(b) Purpose and application.

    Brief Description: Section 61.3(z) defines ``non-dominant 
carrier'' as a carrier that the Commission has not affirmatively 
found to be dominant. A dominant carrier is one that the Commission 
has found to have market power--the ability to distort a market for 
a particular common carrier service. The rule also makes clear that 
the nondominant status of a carrier for the purposes of Subpart A is 
not affected by a carrier's classification as dominant under section 
63.10 of the rules.
    Need: The definition in the rule is used to determine which 
carriers need not file tariffs for their international and 
interexchange services.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.3 Definitions.

Subpart C--General Rules for Nondominant Carriers

    Brief Description: Section 61.19 provides that nondominant 
providers of international and interstate, domestic interexchange 
services are generally not permitted to file tariffs for such 
services. Paragraphs (b) through (e) of section 61.19 identify 
particular classes of nondominant carriers that may continue to file 
tariffs for their services. Section 61.19(b) provides that carriers 
that are nondomiunant in the provisi0on of international carriers 
may file tariffs for their international 1+ dialaround. Section 
61.19(c) provides that carriers that are nondominant in the 
provision of international and domestic, interexchange service may 
file a tariff for services applicable to customers who contact the 
local exchange carrier to designate an interexchange carrier or to 
change a carrier and provide service to such customers for up to 45 
days while the nondominant carrier and the customers conclude a 
written agreement covering the service. Section 61.19(d) provides 
that carriers that are nondominant in the provision of international 
telephone calls to the United States may file a tariff for such 
services. Section 61.19(e) provides that carriers that are 
nondominant in the provision of ``on demand'' mobile satellite 
services may file a tariff for customers who have not entered into 
preexisting service contracts designating a specific provider for 
such services.
    Need: The rule is necessary to implement the Commission's policy 
to rely upon competition among carriers, providing 
telecommunications services through individual contracts, to assure 
just and reasonable rates for such services, rather than upon a 
regulated tariff. The use of such contracts gives the carriers 
greater flexibility to meet specific customer needs, while open 
competition ensures that carriers do not unjustly favor one customer 
over another. The exceptions to the general rule listed in 
paragraphs (b) through (e) of section 61.19 are needed to deal with 
specific, largely short-term situations where reliance upon a 
contract could delay the initiation of service to a particular user.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.19 Detariffing of international and interstate, domestic 
interexchange services.

Subpart D--General Tariff Rules for International 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 61.28 provides general tariff rules for carriers classified 
as dominant for the provision of particular international 
communication services on a particular route for any reason other 
than a foreign carrier affiliation. The section specifies that the 
provisions under which these carriers must file tariffs for these 
services.
    Need: Section 61.28 was adopted to provide the appropriate 
tariff regulations for carriers classified as dominant for the 
provision of particular international communication services on a 
particular route for any reason other than a foreign carrier 
affiliation
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.28 International dominant carrier tariff filing requirements.

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 
carriers' 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 61.41(e) modifies the all-or-nothing rule 
applicable to incumbent local exchange carriers to permit a limited 
exception when a rate-of-return carrier acquires lines from a price 
cap carrier and elects to bring the acquired lines into rate-of-
return regulation. The rule, as amended, will permit the acquiring 
carrier to convert the price cap lines back to rate-of-return 
regulation.
    Need: Section 61.41(e) was adopted to address the situation when 
a rate-of-return carrier seeks to return acquired price cap lines to 
rate-of-return regulation, the problems that the all-or-nothing rule 
sought to prevent do not exist, or can be addressed in a less 
burdensome way. Because the carrier wishes to have all of its lines 
be subject to rate-of-return regulation, there can be no danger of 
cost shifting between price cap and non-price cap affiliates. 
Similarly, a rate-of-return carrier in this position is not 
necessarily seeking to game the system by moving back and forth 
between different regulatory regimes. However, because of the 
possibility that the acquiring rate-of-return carrier could later 
seek to return to price cap regulation, thereby potentially gaming 
the system, the rule provides that once a rate-of-return carrier 
brings acquired price cap lines into rate-of-return regulation, it 
may not for five years elect price cap regulation for itself, or by 
any means cause the acquired lines to become subject to price cap 
regulation, without first obtaining a waiver. This restriction 
addresses concerns underlying the adoption of the all-or-nothing 
rule, while not requiring that the election be unnecessarily 
irreversible.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, and 403.
    Section Number and Title:

61.41(e) Price cap requirements generally.

Subpart G--Specific Rules for Tariff Publications of Dominant and 
Nondominant 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 61.74 provides for two exceptions to the general rule that 
tariff publications filed with the Commission are not permitted to 
reference other tariffs or documents. The exception in section 
61.74(d) permits tariffs to ``reference other FCC tariffs . . . for 
purposes of determining mileage, or specifying the operating centers 
at which a specific service is available.'' The exception in section 
61.74(e) permits tariffs to reference technical publications that 
describe engineering or other technical aspects of a service under 
certain conditions.
    Need: Sections 61.74(d) and (e) were adopted to assist carriers 
by detailing the limited instances when a tariff filing entity may 
make reference to any other tariff document or instrument in a 
tariff publication.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.74(d) and (e) References to other instruments.

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, 
OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF 
RECOGNIZED PRIVATE OPERATING AGENCY STATUS EXTENSIONS AND SUPPLEMENTS

    Brief Description: The part 63 rules establish streamlining 
procedures for processing domestic common carrier applications to 
transfer control of lines or authorization to operate.
    Need: Section 63.03 informs licensees of the process for 
requesting streamlined

[[Page 9292]]

processing for applications for domestic common carriers to transfer 
control of lines or authorization to operate.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 218, 
403, and 571.
    Section Number and Title:

63.03 Streamlining procedures for domestic transfer of control 
applications.

    Brief Description: The part 63 rules establish content 
requirements for domestic common carrier applications to transfer 
control of lines or authorization to operate.
    Need: Establishes procedures for submitting the correct 
information necessary to process domestic common carrier 
applications to transfer control of lines or authorization to 
operate.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 218, 
403, and 571.
    Section Number and Title:

63.04 Filing procedures for domestic transfer of control 
applications.

    Brief Description: The part 63 rules below set forth 
definitions, requirements, and conditions applicable to 
international section 214 applications and authorizations to provide 
global facilities-based and global resale services, as well as 
provisions regarding requests for designation as a recognized 
private operating agency. The rules pertain to the regulatory 
classification of U.S. international carriers; notification and 
prior approval requirements for U.S. international carriers that are 
or propose to become affiliated with a foreign carrier; procedures 
for processing international section 214 applications; special 
provisions for U.S. international common carriers; contents of 
applications for international common carriers; special procedures 
for discontinuances of international services; special provisions 
relating to temporary or emergency service by international 
carriers; and related issues. The rules also require carriers to 
file all notifications and other filings electronically through the 
International Bureau Filing System (IBFS).
    Need: These rules are needed to provide the framework applicable 
to international section 214 authorizations and establish the 
general applications, procedures, conditions and restrictions to 
ensure that carriers and affiliates providing services on 
international routes meet statutory requirements for designated 
global facilities-based and global resale telecommunication 
services.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 
218, 403, and 571, unless otherwise noted.
    Section Numbers and Titles:

63.09, Note 2 Definitions applicable to international Section 214 
authorizations.
63.10(d), (e) Regulatory classification of U.S. international 
carriers.
63.11(d), (g)-(j) Notification by and prior approval for U.S. 
international arriers that are or propose to become affiliated with 
a foreign carrier.
63.12(c)(3) Processing of international Section 214 applications.
63.14(c) Prohibition on agreeing to accept special concessions.
63.17(b) introductory text, (b)(1)-(2), (b)(4) Special provisions 
for U.S. international common carriers.
63.18 introductory text, (e)(3), (g), Note to paragraph (h) Contents 
of applications for international common carriers.
63.19 Special procedures for discontinuances of international 
services.
63.20(a) Electronic filing, copies required; fees; and filing 
periods for international service providers.
63.21(h)-(i) Conditions applicable to all international Section 214 
authorizations.
63.22(a)-(c), (e)-(f) Facilities-based international common 
carriers.
63.23(a)-(b), (d) Resale-based international common carriers.
63.24 Assignments and transfers of control.
63.25(b), (d)(2) Special provisions relating to temporary or 
emergency service by international carriers.
63.51 Additional information.
63.53(a)(1)-(2), (b)-(c) Form.
63.60(d) (currently (g)) Definitions.
63.701 introductory text Contents of application.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities

    Brief Description: Under Title IV of the Americans with 
Disabilities Act of 1990, codified as section 225 of the 
Communications Act of 1934, as amended, Congress requires that the 
Commission ensure that Telecommunications Relay Service (TRS) is 
available, to the extent possible and in the most efficient manner, 
to individuals with hearing and speech disabilities in the United 
States. Section 225 defines TRS to be a telephone transmission 
service that provides the ability for an individual with a hearing 
or speech disability to engage in communication by wire or radio 
with a hearing individual in a manner functionally equivalent to 
someone without such a disability. To fulfill this mandate, the 
Commission first issued rules in 1991. TRS has been available on a 
uniform, nationwide basis since July 26, 1993. In 1997, the 
Commission adopted use of the 711 dialing code for nationwide access 
to TRS that uses the public switched telephone network, so as to 
facilitate greater and universal access to TRS for individuals with 
hearing and speech disabilities. In 2000, the Commission added 
``711'' to the definitions set forth in its TRS rules, found at 47 
CFR 64.601 et. seq.
    Need: Section 64.601 enables individuals with hearing and speech 
disabilities greater access to telecommunications service by 
allowing TRS users to dial 711 anywhere in the United States without 
the need to dial a dedicated TRS access number for each state TRS 
program.
    Legal Basis: 47 U.S.C. 151, 154, 201-205, 218, 225, 251(e)(1) 
and 303(r).
    Section Number and Title:

64.601(a)(1) Definitions and provisions of general applicability.

Subpart I--Allocation of Costs

    Brief Description: The part 64, subpart I rules describe 
obligations of carriers to allocate their regulated and unregulated 
costs and of certain incumbent local exchange carriers (LECs) to 
file cost allocation manuals and perform audits. Section 64.905 
requires mid-size LECs to file annually a certification with the 
Commission stating that they are complying with the allocation of 
cost requirements in section 64.901 of the Commission's rules.
    Need: Section 64.905 eliminates the requirement that the mid-
sized LECs incur the expense of an attest audit every two years for 
their cost allocation manuals. Instead, the mid-sized LECs are 
required to file an annual certification of compliance.
    Legal Basis: 47 U.S.C. 154, 254(k), 403(b)(2)(B) and (c).
    Section Number and Title:

64.905 Annual certification.

Subpart K--Changes in Preferred Telecommunications Service Providers

    Brief Description: These rules implement section 258 of the 
Communications Act of 1934 (Act), as amended, which prohibits any 
telecommunications carrier from submitting or executing an 
unauthorized change in a subscriber's selection of a provider of 
telephone exchange service or telephone toll service (``slamming''). 
Section 64.1100 defines terms as used in this subpart, and paragraph 
(h) specifically defines the term ``subscriber'' as the party 
identified in the account records as responsible for payment of the 
bill; any adult person authorized by such party to change 
telecommunications services or to charge services to the account; or 
any person contractually or otherwise lawfully authorized to 
represent such party.
    Need: Slamming enables those companies who engage in fraudulent 
activity to increase their customer and revenue bases at the expense 
of consumers and law-abiding companies. The rules in subpart K 
improve the carrier change process for consumers and carriers alike, 
while making it more difficult for unscrupulous carriers to 
perpetrate slams.
    Legal Basis: 47 U.S.C. 151, 152 and 258.
    Section Number and Title:

64.1100 Definitions.

    Brief Description: This rule governs the unauthorized switching 
of subscribers' preferred telecommunications carriers, commonly 
known as ``slamming.'' Section 64.1110 sets forth the procedures a 
state must use to notify the Commission of the state's intention to 
administer the Commission's slamming rules.
    Need: This rule seeks to protect consumers and authorized 
carriers from the confusion, inconvenience, and lost revenue 
associated with a slam, and to ensure that unauthorized carriers do 
not profit from slamming activities.
    Legal Basis: 47 U.S.C. 151, 154, 201-205, 258 and 303(r).
    Section Number and Title:

64.1110 State notification of election to administer FCC rules.

    Brief Description: These rules govern the unauthorized switching 
of subscribers' preferred telecommunications carriers, an activity 
more commonly known as ``slamming.'' These rules are designed to 
take the profit out of slamming, and to protect consumers and 
authorized carriers from unauthorized carrier changes by ensuring

[[Page 9293]]

that consumers have verified their intent to switch providers when 
authorizing a carrier change. The rules require all interexchange 
carriers to institute verification procedures before submitting a 
carrier change request on behalf of a customer. Section 64.1120 sets 
forth procedures for verifying orders for telecommunication service. 
Section 64.1130, originally promulgated as 64.1160, details the use 
of letters of agency as a form of authorizing and/or verifying a 
subscriber's request to change his or her preferred carrier 
selection. Section 64.1140 sets forth carrier and subscriber 
liability for charges resulting from slamming. Section 64.1150 sets 
forth procedures for resolving unauthorized changes in a preferred 
carrier. Section 64.1160 sets forth absolution procedures where the 
subscriber has not paid charges to the unauthorized carrier. Section 
64.1170 sets forth procedures for reimbursing subscribers who have 
already paid charges to an unauthorized carrier. The Commission 
removed Section 64.1180. Section 64.1195 requires carriers that 
provide interstate telecommunications service to file certain 
business information, including business names, addresses, contact 
persons, and the states in which the carrier provides service, with 
the Commission in accordance with the procedures described in this 
section and the instructions to FCC Form 499-A.
    Need: These rules are intended to deter and ultimately eliminate 
unauthorized changes in subscribers telecommunications carriers. The 
rules absolve subscribers of liability for slamming charges in order 
to ensure that carriers do not profit from slamming activities, and 
seek to protect consumers from the confusion and inconvenience they 
would experience as a result of being slammed. Maintaining the 
registration information required in this section facilitates 
enforcement of the slamming rules.
    Legal Basis: 47 U.S.C. 151, 152, 154, 201-205, 218, 258 and 
303(r).
    Section Numbers and Titles:

64.1120 Verification of orders for telecommunication service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of unauthorized changes in 
preferred carriers.
64.1160 Absolution procedures where the subscriber has not paid 
charges.
64.1170 Reimbursement procedures where the subscriber has paid 
charges.
64.1195 Registration requirement.

Subpart L--Restrictions on Telemarketing, Telephone Solicitation, and 
Facsimile Advertising

    Brief Description: The Telephone Consumer Protection Act (TCPA) 
was enacted to address certain telemarketing practices, including 
calls to wireless telephone numbers, which Congress found to be an 
invasion of consumer privacy and even a risk to public safety. In 
the TCPA, Congress created a balance between individual privacy 
rights and legitimate telemarketing practices. The Commission 
crafted rules in 1992 to achieve this balance. Subsequently, the 
Commission has revised and amended the rules that it adopted in 1992 
pursuant to the TCPA, including the establishment of a national do-
not-call list to carry out Congress' TCPA directives.
    Need: These rules are consistent with the requirements under the 
TCPA and provide consumers with additional options for avoiding 
unwanted telephone solicitations. These additional options include, 
among other things, prohibiting telephone calls to a telephone 
number registered on the national do-not-call registry of persons 
who do not wish to receive telephone solicitations. These rules 
strike an appropriate balance between maximizing consumer privacy 
protections and avoiding imposing undue burdens on telemarketers.
    Legal Basis: 47 U.S.C. 151-154, 222, 227, and 303(r).
    Section Numbers and Titles:

64.1200 Delivery restrictions.
64.1201 Restrictions on billing name and address disclosure.

Subpart M--Provision of Payphone Service

    Brief Description: The part 64, subpart M rules describe 
payphone compensation obligations between carriers and payphone 
service providers in the provision of payphone services.
    Section 64.1300(a) defines a ``Completing Carrier'' for purposes 
of determining payphone service compensation requirements and 
methodology under subpart M rules.
    Need: The section 64.1300(a) definition of ``Completing 
Carrier'' was adopted to help ensure that payphone service providers 
are fairly compensated for payphone-originated calls that are 
completed, as required under section 276 of the Communications Act.
    Legal Basis: 47 U.S.C. 276.
    Section Number and Title:

64.1300(a) Payphone compensation obligation.

    Brief Description: The part 64, subpart M rules describe 
payphone compensation obligations between carriers and payphone 
service providers in the provision of payphone services. Section 
64.1301 establishes a default compensation amount per payphone per 
month for access code and subscriber toll-free calls, allocates this 
monthly amount among the designated payors of per-payphone 
compensation, sets forth certain compensation offset issues, and 
provides for the valuation of payphone assets transferred by local 
exchange carriers to a separate affiliate or division.
    Need: Section 64.1301 was adopted to help ensure that payphone 
service providers are fairly compensated for payphone-originated 
calls that are completed, as required under section 276 of the 
Communications Act of 1934, as amended.
    Legal Basis: 47 U.S.C. 154, 254(k), 403(b)(2)(B) and (c).
    Section Number and Title:

64.1301 Per-payphone compensation.

Subpart P--Calling Party Telephone Number; Privacy

    Brief Description: This rule requires telemarketers to transmit 
caller identification information and prohibits telemarketers from 
blocking the transmission of caller identification information. 
Under this rule, caller identification information must include 
either Automated Number Identification (ANI) or Calling Party Number 
(CPN) and, when available by the telemarketer's carrier, the name of 
the telemarketer.
    Need: This rule requiring telemarketers to transmit caller 
identification information permits consumers to screen out unwanted 
calls and to identify companies that they wish to ask not to call 
again. Additionally, knowing the identity of the caller is also 
helpful to consumers who feel frightened or threatened by hang-up 
and ``dead air'' calls. Caller identification information also 
should increase accountability and provide an important resource for 
use in pursuing enforcement actions.
    Legal Basis: 47 U.S.C. 151-154, 227, and 303(r).
    Section Number and Title:

64.1601(e) Delivery requirements and privacy restrictions.

Subpart U--Customer Proprietary Network Information

    Brief Description: Subpart U implements the provisions of 
section 222 of the Act concerning customer proprietary network 
information (CPNI). Section 64.2008 establishes the notification 
procedures and requirements carriers must adhere to in providing 
notice of customers' rights to restrict the use of, disclosure of, 
and access to that customer's CPNI.
    Need: The CPNI regulations in section 222 are largely consumer 
protection provisions that establish restrictions on carrier use and 
disclosure of personal customer information. The statutory design 
expressly recognizes the duty of all carriers to protect customer 
information and embodies the principle that customers must be able 
to control information they view as sensitive and personal from use, 
disclosure, and access by carriers. These rules further Congress' 
goals of fostering competition in telecommunications markets and 
ensuring the privacy of customer information.
    Legal Basis: 47 U.S.C. 222.
    Section Number and Title:

64.2008 Notice required for use of customer proprietary network 
information.

    Brief Description: Subpart U implements the provisions of 
section 222 of the Act concerning customer proprietary network 
information (CPNI). Section 64.2009 generally establishes safeguards 
carriers must implement to protect their customers from the 
carriers' use of customer CPNI. Paragraph (f) sets forth the 
notification procedures carriers must follow to notify the 
Commission in any instance where the carrier's CPNI opt-out approval 
mechanism for customers does not work properly.
    Need: The CPNI regulations in section 222 are largely consumer 
protection provisions that establish restrictions on carrier use and 
disclosure of personal customer information. The statutory design 
expressly recognizes the duty of all carriers to protect customer 
information and embodies the principle that customers must be able 
to control information they view as sensitive and personal from use, 
disclosure, and access by

[[Page 9294]]

carriers. These rules further Congress' goals of fostering 
competition in telecommunications markets and ensuring the privacy 
of customer information.
    Legal Basis: 47 U.S.C. 222.
    Section Number and Title:

64.2009(f) Safeguards required for use of customer proprietary 
network information.

Subpart Y--Truth-in-Billing Requirements for Common Carriers; Billing 
for Unauthorized Charges

    Brief Description: These rules govern the billing practices of 
telecommunications service providers. The rules provide that 
consumer telephone bills must be clearly organized, clearly identify 
the service provider, and highlight any new providers. In addition, 
the rules require that bills contain full and non-misleading 
descriptions of charges that appear therein. Where a bill contains 
charges for basic local service in addition to other charges, the 
rules require that the bill distinguish between charges for which 
non-payment will result in disconnection of basic, local service, 
and charges for which non-payment will not result in such 
disconnection. Bills must also contain clear and conspicuous 
disclosure of any information the consumer may need to make 
inquiries about, or contest charges, on the bill, including a toll-
free number by which subscribers may inquire or dispute any charges 
on the bill.
    Need: These rules are intended to reduce slamming and other 
telecommunications fraud by setting standards for bills for 
telecommunications service. They are designed to ensure that 
consumers are provided with the basic information they need to 
understand their telecommunications bills. They are also intended to 
provide consumers with the tools they need to make informed choices 
in a competitive telecommunications marketplace.
    Legal Basis: 47 U.S.C. 151, 154(i) and (j), 201-209, 254, 258 
and 403.
    Section Number and Title:

64.2400(b) Purpose and scope.

    Brief Description: In 1999, the Commission adopted rules to 
govern the billing practices of telecommunications service 
providers. In 2000, the Commission amended and renumbered certain of 
those rules, and in so doing created a new section 64.2401(e) from 
text previously existing in those rules. Among other requirements, 
the rules provide that bills must contain clear and conspicuous 
disclosure of any information the consumer may need to make 
inquiries about, or contest, charges on the bill, and section 
64.2401(e) defines ``clear and conspicuous'' as ``notice that would 
be apparent to the reasonable consumer.''
    Need: These rules are intended to reduce ``slamming'' and other 
telecommunications fraud by setting standards for bills for 
telecommunications service. They are designed to ensure that 
consumers are provided with the basic information they need to 
understand their telecommunications bills. They are also intended to 
provide consumers with the tools they need to make informed choices 
in a competitive telecommunications marketplace.
    Legal Basis: 47 U.S.C. 151, 154(i) and (j), 201-209, 254, 258 
and 403.
    Section Number and Title:

64.2401(e) Truth-in-Billing Requirements.

Subpart Z--Prohibition on Exclusive Telecommunications Contracts

    Brief Description: Subpart Z is intended to further competition 
in local communications markets by ensuring that competing 
telecommunications providers are able to provide services to 
customers in multiple tenant environments (MTEs). Section 64.2500 
prohibits carriers from entering into contracts that would in any 
way restrict the right of any commercial or residential multiunit 
premises owner to permit any other common carrier to access and 
serve commercial tenants on that premises.
    Need: These rules reduce the likelihood that incumbent LECs can 
obstruct their competitors' access to MTEs, as well as address 
particular potentially anticompetitive actions by premises owners 
and other third parties.
    Legal Basis: 47 U.S.C. 151, 152 and 202.
    Section Number and Title:

64.2500 Prohibited agreements.

    Brief Description: Subpart Z is intended to further competition 
in local communications markets by ensuring that competing 
telecommunications providers are able to provide services to 
customers in multiple tenant environments (MTEs). Section 64.2501 
defines the terms ``multiunit premises'' and sets forth the 
distinction between commercial and residential multiunit premises 
for the purposes of this subpart.
    Need: These rules reduce the likelihood that incumbent LECs can 
obstruct their competitors' access to MTEs, as well as address 
particular potentially anticompetitive actions by premises owners 
and other third parties.
    Legal Basis: 47 U.S.C. 151, 152 and 202.
    Section Number and Title:

64.2501 Scope of limitation.

    Brief Description: Subpart Z is intended to further competition 
in local communications markets by ensuring that competing 
telecommunications providers are able to provide services to 
customers in multiple tenant environments (MTEs). Section 64.2502 
clarifies that the rules in subpart Z do not preempt state 
regulations that require a governmental entity to enter into a 
contract with a carrier which would restrict the governmental 
entity's right to obtain telecommunications service from another 
carrier.
    Need: These rules reduce the likelihood that incumbent LECs can 
obstruct their competitors' access to MTEs, as well as address 
particular potentially anticompetitive actions by premises owners 
and other third parties.
    Legal Basis: 47 U.S.C. 151, 152, 202 and 218.
    Section Number and Title:

64.2502 Effect of state law or regulation.

Subpart BB--Restrictions on Unwanted Mobile Service Commercial Messages

    Brief Description: These rules implement the Controlling the 
Assault of Non-Solicited Pornography and Marketing Act of 2003, or 
the CAN-SPAM Act. The rules protect wireless subscribers from 
receiving unwanted commercial electronic mail messages. 
Specifically, the rules prohibit the transmission of commercial 
messages to any address referencing an Internet domain name 
associated with a wireless subscriber messaging service, unless the 
individual addressee has given the sender express prior 
authorization. To assist the senders of such messages in identifying 
wireless subscribers, the rules also require that Commercial Mobile 
Radio Service (CMRS) providers file with the Commission the names of 
all electronic domain names used for wireless service.
    Need: These rules are consistent with the requirements of the 
CAN-SPAM Act. In promulgating these rules, the Commission determined 
that the establishment of a list of domain names was the most 
effective method to allow wireless subscribers to avoid unwanted 
electronic messages. The rules impose minimal burdens on CMRS 
providers, and provide a variety of ways to obtain authorizations 
from those wireless subscribers who want to receive messages from 
specific senders.
    Legal Basis: 47 U.S.C. 151-154, 222, 227, and 303(r); and the 
Controlling the Assault of Non-Solicited Pornography and Marketing 
Act of 2003, Pub. L. 108-187, 117 Stat. 2699; 15 U.S.C. Sections 
7701-7712.
    Section Number and Title:

64.3100 Restrictions on mobile service commercial messages.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

Subpart A--General

    Brief Description: Part 68 sets forth rules concerning the 
connection of terminal equipment and associated premises wiring to 
the public telephone network. Subpart A identifies the purpose and 
scope of part 68 and defines key terms. Section 68.2, in particular, 
establishes that part 68 rules apply to the direct connection of all 
terminal equipment to the public switched telephone network for use 
in conjunction with all services other than party line services, but 
allows exemptions to part 68 rules in the interest of national 
defense and security, provided certain conditions are met. Section 
68.7 requires that terminal equipment shall not cause harm, as 
defined in section 68.3, to the public switched telephone network. 
Section 68.7 also establishes that technical criteria published by 
the Administrative Council for Terminal Attachments (ACTA), a 
private industry organization, are presumptively valid for 
protecting the public switched telephone network from harms caused 
by the connection of terminal equipment, subject to the appeal 
procedures identified in part 68 subpart G.
    Need: The rules in subpart A provide the foundation for uniform 
standards, set forth generally in part 68 and industry standards 
published by ACTA, to protect the public switched telephone network 
from harms caused by connection of terminal equipment and the 
associated wiring thereto. These standards enable terminal equipment 
and

[[Page 9295]]

premises wiring to be provided competitively.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r).
    Section Numbers and Titles:

68.2 Scope.
68.3 Definitions.
68.7 Technical criteria for terminal equipment.

Subpart B--Conditions on Use of Terminal Equipment

    Brief Description: Section 68.100 establishes that terminal 
equipment may be directly connected to the public switched telephone 
network, including private line services that are provided over 
wireline facilities that are owned by providers of wireline 
telecommunications, in accordance with the rules and regulations in 
part 68. Section 68.102 sets forth a requirement for terminal 
equipment approval in accordance with regulations in part 68 subpart 
C; otherwise, terminal equipment must be connected through 
protective circuitry that is approved. Section 68.106 requires 
customers who connect terminal equipment or protective circuitry to 
the public switched telephone network to provide certain information 
to the wireline service provider, upon request; this is information 
ACTA requires to be placed on the equipment under section 68.354. 
Section 68.110 obligates wireline telecommunications service 
providers to make available, upon request, technical interface 
requirements that are not published by ACTA if compliance with these 
requirements is needed for terminal equipment to operate compatibly 
with the communications facilities of the service provider. Subpart 
B section 68.105 sets forth rules regarding the demarcation point, 
including a requirement for carrier-provided facilities at the 
demarcation point to consist of a wire or jack conforming to ACTA 
requirements. Section 68.105 also sets forth specific requirements 
for the location of demarcation point(s) in single and multiunit 
installations. In the case of multiunit installations where wiring 
is being installed, section 68.105 establishes the right of the 
premises owner to determine whether there will be a single 
demarcation point location for all customers, or separate locations 
for each customer. In the case of existing multi-unit installations 
where the demarcation point is not already at the minimum point of 
entry, section 68.105 requires the service provider to negotiate 
terms in good faith and complete negotiations for moving the 
demarcation point to the minimum point of entry within 45 days after 
receiving a request from the premises owner. Section 68.105 also 
requires wireline communications providers to make information 
available about the location(s) of demarcation points to premises 
owners and establishes the right of premises owners to file 
complaints with the Commission to resolve allegations of bad faith 
bargaining by the provider of wireline telecommunications.
    Need: These rules establish uniform conditions under which 
terminal equipment may be directly connected to the public switched 
telephone network, regardless of the supplier of the terminal 
equipment, thus protecting the network from harms caused by 
connection of terminal equipment while enabling terminal equipment 
to be provided competitively. These rules also establish the rights 
and obligations of both customers who connect terminal equipment to 
the network and wireline service providers whose network may be 
harmed by attached terminal equipment. Similarly, the demarcation 
point requirements in this subpart enable premises (or ``inside'') 
wiring to be provided and maintained competitively, while 
establishing the rights and obligations of both premises owners and 
wireline service providers.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r).
    Section Numbers and Titles:

68.100 General.
68.102 Terminal equipment approval requirement.
68.105 Minimum point of entry (MPOE) and demarcation point.
68.106 Notification to provider of wireline telecommunications.
68.110 Compatibility of the public switched telephone network and 
terminal.

Subpart C--Terminal Equipment Approval Procedures

    Brief Description: Section 68.201 designates two methods by 
which responsible parties may obtain approval (or ``authorization'') 
for terminal equipment to connect to the public switched telephone 
network: (1) Obtaining certification from a Telecommunications 
Certification Body (TCB) and (2) following all the procedures set 
forth in part 68 subpart D for a Supplier's Declaration of 
Conformity. Section 68.211 permits the Commission to revoke the 
interconnection authorization of terminal equipment for causes 
identified in this section, regardless of the method (TCB 
certification or SDoC) that was used to obtain the authorization. 
Section 68.211 also establishes procedures for reauthorization of 
terminal equipment after its approval has been revoked, and for 
reconsideration or appeal in the case where authorization has been 
revoked or a forfeiture established. Section 68.218 establishes the 
responsibilities of parties that obtain terminal equipment 
approvals.
    Need: These rules largely privatize the terminal equipment 
approval process, except for enforcement. By adopting two effective 
methods of terminal equipment approval, these rules allow suppliers 
to bring to market products incorporating new features and 
technology with reduced delays and lower costs, while still 
providing sufficient assurance that the terminal equipment complies 
with technical criteria for preventing harms to the public switched 
telephone network.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r)
    Section Numbers and Titles:

68.201 Connection to the public switched telephone network.
68.211 Terminal equipment approval revocation procedures.
68.218 Responsibility of the party acquiring equipment 
authorization.

Subpart D--Conditions for Terminal Equipment Approval

    Brief Description: These rule sections generally define and 
establish the process under which responsible parties, as defined in 
subpart A, section 68.3, acquire terminal equipment approval using a 
supplier's declaration of conformity (SDoC); and set forth the 
obligations of responsible parties for SDoCs.
    Need: Labeling of terminal equipment enables consumers and 
others to recognize compliant equipment, which promotes its use, and 
to identify the responsible party when necessary, which assists in 
the Commission's enforcement of part 68 rules.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r).
    Section Numbers and Title:

68.300 Labeling requirements.

    Brief Description: These rules require any fax broadcaster that 
uses a computer or other electronic device to send any message via a 
telephone facsimile machine and demonstrates a high degree of 
involvement in the transmission of such facsimile message to be 
identified on the facsimile, along with the identification of the 
sender and the telephone number of the sending machine or of the 
business, other entity or individual. Under these rules, senders of 
fax advertisements are required to use the name under which they are 
officially registered to conduct business.
    Need: These rules are consistent with the requirements of the 
Telephone Consumer Protection Act (TCPA), and permit consumers to 
hold fax broadcasters accountable for unlawful fax advertisements 
when there is a high degree of involvement on the part of the fax 
broadcaster.
    Legal Basis: 47 U.S.C. Sections 151-154, 227, and 303(r).
    Section Number and Title:

68.318(d) Additional limitations.

    Brief Description: These rule sections generally define and 
establish the process under which responsible parties, as defined in 
subpart A, section 68.3, acquire terminal equipment approval using a 
supplier's declaration of conformity (SDoC); and set forth the 
obligations of responsible parties for SDoCs. Among these are 
obligations to ensure compliance of terminal equipment, which are 
subject to an SDoC, with appropriate standards; to make no changes 
to terminal equipment that would materially change the information 
provided on the SDoC; to retain certain records of terminal 
equipment compliance testing; to compile and retain a description of 
the testing facilities; and to file the SDoC and other required 
information with Administrative Council for Terminal Attachments 
(ACTA). These rules specify that in those cases where the 
responsible party licenses a second party to manufacture terminal 
equipment that is subject to an SDoC, the responsible party remains 
responsible for terminal equipment compliance; however, in the event 
of a change in ownership or control of the responsible party, the 
successor entity becomes the responsible party. These rules also set 
forth conditions, in addition to those specified in subpart C, under 
which the Commission may revoke an SDoC. Subpart D

[[Page 9296]]

also establishes rules concerning the numbering and labeling of 
terminal equipment, and in particular, requires numbering and 
labeling of all approved terminal equipment in accordance with 
labeling requirements developed and published by ACTA.
    Need: These rules permit suppliers to select SDoC as an 
alternative to Telecommunication Certification Body (TCB) 
certification of terminal equipment. The SDoC procedure reduces the 
complexity, cost and delays associated with premarket approval for 
some suppliers, while still providing sufficient assurance that the 
terminal equipment complies with technical criteria for preventing 
harms to the public switched telephone network.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r).
    Section Numbers and Titles:

68.320 Supplier's Declaration of Conformity.
68.322 Changes in name, address, ownership or control of responsible 
party.
68.324 Supplier's Declaration of Conformity requirements.
68.326 Retention of records.
68.346 Description of testing facilities.
68.348 Changes in equipment and circuitry subject to a Supplier's 
Declaration of Conformity.
68.350 Revocation of Supplier's Declaration of Conformity.
68.354 Numbering and labeling requirements for terminal equipment.

Subpart G--Administrative Council for Terminal Attachments

    Brief Description: These rule sections establish the 
Administrative Council for Terminal Attachments (ACTA) under the 
joint sponsorship of the Telecommunications Industry Association 
(TIA) and the Alliance for Telecommunications Industry Solutions 
(ATIS) with responsibilities to (1) administer the industry review 
and publication of technical criteria for protecting the public 
switched telephone network from harms caused by terminal equipment; 
(2) maintain and operate a publicly available database of all 
approved terminal equipment; and (3) establish labeling requirements 
for approved terminal equipment. These rule sections also authorize 
ANSI- accredited standards development organizations (SDOs) to 
develop and maintain terminal equipment technical criteria, and to 
submit them to ACTA for publication, provided they use an open 
process, similar to a Commission rulemaking proceeding. Technical 
criteria submitted to ACTA for review must be limited to protecting 
the public switched telephone network from harms, as described in 
section 68.3, and must not conflict with terminal equipment 
technical criteria that are already published or under review. These 
rules permit several methods of opposing proposed terminal equipment 
technical criteria, including direct appeal to the Commission for de 
novo review.
    Need: These rules largely privatize the development of terminal 
equipment technical criteria, except for certain appeals. Industry, 
rather than Commission, development of technical criteria decreases 
the time to availability of published criteria and allows suppliers 
to bring innovative and compliant consumer products, especially for 
the provision of advanced services, to the market on an expedited 
basis. The availability of a uniform, nationwide database of 
approved terminal equipment permits the Commission, providers of 
telecommunications and consumers to identify responsible parties for 
terminal equipment and to verify compliance of terminal equipment 
against the database.
    Legal Basis: 47 U.S.C. 151-154, 201-205 and 303(r).
    Section Numbers and Titles:

68.602 Sponsor of the Administrative Council for Terminal 
Attachments.
68.604 Requirements for submitting technical criteria.
68.608 Publication of technical criteria.
68.610 Database of terminal equipment.
68.612 Labels on terminal equipment.
68.614 Oppositions and appeals.

PART 69--ACCESS CHARGES

Subpart A--General

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers. These 
rules help ensure that rates are just, reasonable, and not unjustly 
or unreasonably discriminatory. Section 69.2 sets out definitions 
for terms used in this part. Specifically, section 69.2(ww) defines 
``Interstate common line support'' (ICLS) as the ``funds that are 
provided pursuant to section 54.901 of this chapter.''
    Need: Section 69.2(ww) was adopted to define ICLS for purposes 
of the rules regarding the calculation of access charges.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Titles:

69.2(ww) Definitions.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable and 
not unjustly or unreasonably discriminatory. Section 69.4 sets forth 
the charges to be included in the carrier's tariffs for access 
services that are filed by incumbent LECs. In particular, section 
69.4(b) provides that, with some exceptions, those charges must 
include charges for enumerated rate elements. Section 69.4(b)(2) 
specifies that one of these rate elements is ``Carrier common line, 
provided that after June 30, 2003, non-price cap local exchange 
carriers may not assess a carrier common line charge.'' Section 
69.4(d) provides for the recovery of contributions to the universal 
service support mechanisms. Section 69.4(g) specifies that local 
exchange carriers may establish appropriate rate elements for a new 
service. Section 69.4(j) provides that a non-price cap LEC may 
include charges for enumerated rate elements in its charges for 
access service filed with the Commission.
    Need: Section 69.4 lists charges for access services that are to 
be included in tariffs filed by incumbent LECs necessary to foster 
competition, move access charges over time to economically efficient 
levels and rate structures, preserve universal service, and lower 
rates.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Titles:

69.4 (b)(2), (d), (g), (j) Charges to be filed.

Subpart B--Computation of Charges

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.104(a), (c)-
(f), and (n)-(r) provide for the computation of end user common line 
charges by non-price cap incumbent LECs.
    Need: Section 69.104(a), (c)-(f), and (n)-(r) were adopted to 
provide the methodology for the computation of end user common line 
charges by non-price cap incumbent LECs under the Commission's 
access charge regime.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Titles:

69.104(a), (c) through (f), (n) through (r) End user common line for 
non-price cap incumbent local exchange carriers.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.105(a) and 
(d) provide for the computation of carrier common line charges by 
non-price cap incumbent LECs through June 30, 2003, when they were 
eliminated.
    Need: Section 69.105(a) and (d) were adopted to provide the 
methodology until June 30, 2003 for the computation of carrier 
common line charges by non-price cap incumbent LECs under the 
Commission's access charge regime.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Titles:

69.105(a), (d) Carrier common line for non-price cap local exchange 
carriers.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.106 sets 
forth requirements that non-price cap LECs must follow in setting

[[Page 9297]]

their per-minute access charges for local switching. In particular, 
subsection 106(g) provides that a LEC may recover signaling costs 
associated with call setup through a per-minute charge imposed on 
all interexchange carriers. Section 69.106(h) specifies rate 
elements that non-price cap LECs may establish, with certain 
exceptions.
    Need: Section 69.106(g) and (h) were adopted to permit incumbent 
LECs to assess a call setup charge and allow non-price cap incumbent 
LECs to establish trunk port charges at the local switch, 
respectively.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Titles:

69.106(g) through (h) Local switching.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable and 
not unjustly or unreasonably discriminatory. Section 69.111 sets 
forth provisions governing tandem-switched transport and tandem 
charges. In particular, section 69.111(m) specifies the means by 
which non-price cap LECs may establish separate charges for 
multiplexers and dedicated trunk ports used in conjunction with the 
tandem switch.
    Need: Section 69.111(m) permits non-price cap LECs to establish 
separate multiplexing and port charges at the tandem switch to 
facilitate cost-based recovery.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Titles:

69.111(m) Tandem-switched transport and tandem charge.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.124 provides 
for the computation of interconnection charges by non-price cap 
incumbent LECs.
    Need: Section 69.124(a) was adopted to provide the methodology 
until December 31, 2001 for the computation of interconnection 
charges by non-price cap incumbent LECs under the Commission's 
access charge regime.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Titles:

69.124(a) Interconnection charge.
    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.130 allows 
non-price cap incumbent LECs to recover those line port costs for a 
service that exceeds the costs of a line port used for basic, analog 
service through a separate monthly end user charge.
    Need: Section 69.130 was adopted to provide for the recovery of 
certain line port costs by non-price cap incumbent LECs of certain 
higher line port costs from services benefiting from the higher line 
port costs.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Title:

69.130 Line port costs in excess of basic analog service.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.131 provides 
the means by which non-price cap LECs may recover universal service 
contribution costs from customers.
    Need: Section 69.131 was adopted to promote the Commission's 
universal service goals by providing a non-price cap LEC a means to 
recover its universal service contribution from end user customers 
other than Lifeline customers.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Title:

69.131 Universal service end user 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, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.153(f) 
provides that payphone lines are not subject to the Presubscribed 
Interexchange Carrier Charge (PICC).
    Need: The elimination of the PICC for payphone lines in section 
69.153(f) was adopted to comply with the anti-subsidization and 
anti-discrimination provisions of section 276 of the Act, 
specifically the determination that payphone line rates should be 
set according to the cost-based new services test.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254, and 
403.
    Section Number and Title:

69.153(f) Presubscribed interexchange carrier charge (PICC).

Subpart D--Apportionment of Net Investment

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.302(a) 
provides the methods to be used for purposes of apportioning 
investment in telecommunications plant in service, inventories, and 
telephone bank stock among the various access categories.
    Need: Section 69.302(a) was adopted as a result of the 
Commission's efforts to reduce regulatory burdens on incumbent LECs.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254, and 
403.
    Section Number and Title:

69.302(a) Net investment.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.306 provides 
the methods to be used for purposes of apportioning investment in 
central office equipment (COE) among the various access categories. 
Section 69.306(d) was revised to reallocate line port costs to the 
common line category.
    Need: Section 69.306(d) was adopted to implement the decision 
that non-price cap LECs should recover line port costs through 
common line charges.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Title:

69.306(d) Central office equipment (COE).

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.307(c) and 
(e) apportion general purpose computer investment and other general 
support facilities investments of non-price cap LECs among various 
access categories to establish rates.
    Need: These rules were adopted to help ensure that rates are 
just and reasonable by preventing cross-subsidization of a non-price 
cap LEC's non-regulated services by its regulated services, thereby 
creating a more economically rational, cost-based access rate 
structure.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Title:

69.307(c), (e) General support facilities.

Subpart E--Apportionment of Expenses

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.415 
reallocates costs of non-price cap LECs that had been recovered 
through the transport interconnection charge to other access charge 
rate elements.

[[Page 9298]]

    Need: Section 69.415 was adopted as part of access rate 
structure reforms for rate-of-return LECs to promote competition 
under the 1996 Act and helps ensure that rates are just and 
reasonable. By eliminating the transport interconnection charge as a 
separate rate element, the rule was designed to make the access rate 
structure more economically rational for rate-of-return carriers and 
drive their traffic sensitive rates toward lower, more cost-based 
levels.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Title:

69.415 Reallocation of certain transport expenses.

Subpart F--Segregation of Common Line Element Revenue Requirement

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.501 sets 
forth general rules for isolating the Common Line element revenue 
requirement. This section was revised to conform the rule to 
revisions to other rules as part of revising the access rates and 
rate structure for non-price cap LECs.
    Need: Section 69.501 was adopted to conform the rule to other 
revisions to part 69.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Title:

69.501(b); (c); (e); (f) General.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.502 
delineates how carriers should deduct projected revenues from a 
number of sources from the base factor portion to determine the 
amount that is assigned to the Carrier Common Line rate element. 
These revisions were made to conform the rule to other revisions to 
part 69 as part of reforming access charges for non-price cap LECs.
    Need: Sections 69.502(d) and (e) were added to conform the rule 
to other revisions to part 69.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Title:

69.502(d); (e) Base factor allocation.

Subpart G--Exchange Carrier Association

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers. These 
rules help ensure that rates are just, reasonable, and not unjustly 
or unreasonably discriminatory. Subpart G provides for the 
establishment and operation of the National Exchange Carrier 
Association (NECA), which files tariffs on behalf of all telephone 
companies that do not file separate tariffs or concur in a joint 
access tariff of another telephone company. Section 69.603(g) and 
(h)(5) were revised to include interstate common line support in the 
methodology by which NECA allocates its expenses among its functions 
and how it recovers those expenses.
    Need: Section 69.603(g) and (h)(5) were added to include 
interstate common line support amounts in the processes for 
allocating and recovering NECA expenses from its various functions.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218 and 403.
    Section Number and Title:

69.603(g), (h)(5) Association functions.

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201, 202, and 203 of the Communications 
Act of 1934, as amended, and protect consumers by preventing the 
exercise of market power by incumbent local exchange carriers 
(LECs). These rules help ensure that rates are just, reasonable, and 
not unjustly or unreasonably discriminatory. Section 69.609(b) was 
revised to ensure that the formula process for determining 
hypothetical net balances that are used in distributing pool common 
line revenues reflected any forgone revenues as a result of a 
carrier electing to voluntarily reduce its subscriber line charge.
    Need: Section 69.609(b) was revised to prevent a LEC from gaming 
the pooling process by taking a voluntary reduction in its 
subscriber line charges.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-203, 205, 218, 
220, 254 and 403.
    Section Number and Title:

69.609(b) End User Common Line hypothetical net balances.

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

    Brief Description: This rule allows AM licensees to file Forms 
301-AM and 302-AM if a partial proof of performance test indicates 
that radiation exceeds the standard pattern.
    Need: This rule is required to limit interference between AM 
broadcast stations.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.152(b) Modification of directional antenna data.

Subpart E--Television Broadcast Stations

    Brief Description: This rule specifies that applications to 
construct broadcast TV stations must be for channels and communities 
designated in the Table of Allotments, and applications for channels 
or communities not listed in the Table of Allotments can be filed if 
consistent with the rules and policies established in the Third 
Report and Order in WT Docket 99-168 (FCC 01-25).
    Need: This rule is necessary to inform applicants of the 
requirements for filing an application to construct a broadcast TV 
station.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:

73.607(b) Availability of channels.

    Brief Description: This rule requires that noncommercial 
educational television station licensees primarily provide a 
nonprofit, noncommercial educational service over their entire 
digital bit stream, including ancillary or supplementary services.
    Need: The rule is needed to clarify applicability of the 
requirement that public television stations furnish primarily an 
educational, as well as a nonprofit and noncommercial broadcast 
service to the digital environment.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 399.
    Section Number and Title:

73.621(i) Noncommercial educational TV stations.

    Brief Description: This rule specifies that applications to 
construct DTV broadcast stations must be for channels and 
communities designated in the DTV Table of Allotments, and 
applications for channels or communities not listed in the DTV Table 
of Allotments can be filed if consistent with the rules and policies 
established in the Third Report and Order in WT Docket 99-168 (FCC 
01-25).
    Need: This rule is necessary to inform applicants of the 
requirements for filing an application to construct a DTV broadcast 
station.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:

73.622(c)(2) Digital television table of allotments.

    Brief Description: This rule sets forth DTV application 
processing procedures.
    Need: This rule is necessary to establish a fair, certain, and 
orderly processes for resolving conflicts with respect to mutually 
exclusive DTV applications.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.623(h) DTV applications and changes to DTV allotments.

Subpart G--Low Power FM Broadcast Stations (LPFM)

    Brief Description: This rule defines the scope of permissible 
amendments to pending LPFM station applications.
    Need: This rule is necessary to provide applicants for LPFM 
stations some flexibility to make technical changes to their new and 
major change applications after the close of a filing window.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.871 Amendment of LPFM broadcast station applications.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: This rule cross-references subpart W to part 
1 of the Commission's rules, 47 CFR part 1, which requires persons 
and entities doing business with the Commission to acquire an FRN 
and

[[Page 9299]]

to provide it on all applications or feeable filings as well as 
other transactions involving the payment of money.
    Need: This rule is required to facilitate compliance with the 
Debt Collection Improvement Act of 1996 and to enable the Commission 
to manage its collection and revenue systems.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.1010(a)(9) Cross reference to rules in other parts.

    Brief Description: This rule requires applicants, permittees or 
licensees to provide truthful written statements to the Commission 
regarding matters within the jurisdiction of the Commission.
    Need: This rule ensures that the entities the Commission 
regulates provide truthful information.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.1015 Truthful written statements and responses to Commission 
inquiries and correspondence.

    Brief Description: This rule requires licensees or permittees of 
commercially or non-commercially operated AM, FM, TV, Class A TV or 
international broadcast stations to comply with rules regarding 
equal employment opportunity.
    Need: This rule is needed because it ensures television 
broadcast station licensees and permittees' compliance with equal 
employment opportunity rules.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.2080 Equal employment opportunities (EEO).

Subpart J--Class A Television Broadcast Stations

    Brief Description: These rules establish requirements 
delineating how Digital Class A TV stations must protect other 
authorized broadcast TV services.
    Need: These rules are necessary to provide interference 
protection to other TV facilities and to commence the digital 
television conversion process for Class A stations.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Titles:

73.6016 Digital Class A TV station protection of TV broadcast 
stations.
73.6017 Digital Class A TV station protection of Class A TV and 
digital Class A TV stations.
73.6018 Digital Class A TV station protection of DTV stations.
73.6027 Class A TV notifications concerning interference to radio 
astronomy, research and receiving installations.

Subpart K--Application and Selection Procedures for Reserved 
Noncommercial Educational Channels, and for Certain Applications for 
Noncommercial Educational Stations on Non-Reserved Channels

    Brief Description: This rule sets forth a point system to select 
among mutually exclusive proposals to build FM, TV, and FM 
translator stations on channels reserved for noncommercial 
educational use.
    Need: This rule is needed to provide selection procedures for 
choosing among competing applications to build noncommercial 
educational broadcast stations.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336 and 339.
    Section Number and Title:

73.7003(e) through (f) Point system selection procedures.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

Subpart--General; Rules Applicable to All Services in Part 74

    Brief Description: This rule cross-references subpart W to part 
1 of the Commission's rules, 47 CFR part 1, which requires persons 
and entities doing business with the Commission to acquire an FRN 
and to provide it with all applications or feeable filings as well 
as other transactions involving the payment of money.
    Need: This rule is required to facilitate compliance with the 
Debt Collection Improvement Act of 1996 and to enable the Commission 
to manage its collection and revenue systems.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.
    Section Number and Title:

74.5(a)(8) Cross reference to rules in other parts.

Subpart G--Low Power TV, TV Translator, and TV Booster Stations

    Brief Description: This rule subjects low power television 
stations participating in the digital data service pilot project to 
the provisions of the Commission Order implementing the LPTV Pilot 
Project Digital Data Services Act.
    Need: This rule is necessary to provide the general requirements 
for the pilot program required under the LPTV Pilot Project Digital 
Data Services Act.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 307, 336 and 554.
    Section Number and Title:

74.785 Low power TV digital data service pilot project.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

Subpart D--Carriage of Television Broadcast Signals

    Brief Description: This rule specifies the cable system channel 
positioning requirements for television signals carried in 
fulfillment of must-carry obligations.
    Need: This rule is necessary to spell out where television 
signals carried pursuant to the mandatory carriage provision are 
entitled to be carried on a cable system.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.57 (c) Channel positioning.

    Brief Description: This rule specifies the content of television 
signals that is subject to the mandatory carriage obligations.
    Need: This rule is necessary to make clear which material in a 
television signal is entitled to must-carry rights.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 340, 341, 
503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 
548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.62 (g) Manner of carriage.

    Brief Description: This rule specifies the signal carriage 
obligations of satellite carriers carrying local television signals, 
and the relevant carriage procedures.
    Need: This rule is necessary to implement to provisions of 
section 338 of the Communications Act, which requires satellite 
carriers to carry local television broadcast stations' signals if 
specified circumstances are met.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.66 Satellite broadcast signal carriage.

Subpart K--Technical Standards

    Brief Description: These rules cover operations of cable 
television services and multichannel video service.
    Need: These rules are required to establish the technical 
standards needed for these services to successfully operate in 
specific frequency bands, without causing interference.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, and 573.
    Section Numbers and Titles:

76.610 Operation in the frequency bands 108-137 and 225-400 MHz--
scope of application.
76.616 Operation near certain aeronautical and marine emergency 
radio frequencies.
76.640 Support for unidirectional digital cable products on digital 
cable systems.

Subpart N--Cable Rate Regulation

    Brief Description: This rule adds headend equipment costs 
required to carry digital broadcast signals to the definition of 
``external cost'' as used to calculate permitted charges for tiers 
of cable service subject to rate regulation.
    Need: This rule is necessary to resolve the consequences for the 
cable television rate regulation process of the carriage of digital 
broadcast signals.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.

[[Page 9300]]

    Section Number and Title:

76.922(f)(1)(vii) Rates for the basic service tier and cable 
programming service tiers.

Subpart S--Open Video Systems

    Brief Description: This rule applies Equal Employment 
Opportunity requirements, ownership restrictions, negative option 
billing, regulation of carriage agreements, signal leakage 
restrictions, and signal leakage monitoring and aeronautical 
frequency notifications to open video systems.
    Need: This rule is needed because it ensures employer compliance 
with the above-mentioned rules.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.1510 Application of certain Title VI provisions.

Subpart T--Notices

    Brief Description: This rule cross-references subpart W to part 
1 of the Commission's rules, 47 CFR part 1, which requires persons 
and entities doing business with the Commission to acquire an FRN 
and to provide it with all applications or feeable filings as well 
as other transactions involving the payment of money.
    Need: This rule is required to facilitate compliance with the 
Debt Collection Improvement Act of 1996 and to enable the Commission 
to manage its collection and revenue systems.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.1610(f) Change of operational information.

Subpart U--Documents To Be Maintained for Inspection

    Brief Description: This rule requires employers with six or more 
full-time employees to maintain an Equal Employment Opportunity 
(EEO) program file for public inspection with all annual reports 
filed with the Commission.
    Need: This rule is needed because it ensures employer compliance 
with equal employment opportunity rules.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.1702 Equal employment opportunity.

Subpart V--Reports and Filings

    Brief Description: These rules allow for electronic filing of 
forms by Multichannel Video Programming Distributors (MVPDS) via the 
Cable Operations and Licensing System (COALS).
    Need: These rules are needed to reduce the effort for MVPDs to 
file applications, reports, and other documents.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, and 573.
    Section Number and Titles:

76.1801 Registration statement.
76.1802 Annual employment report.
76.1803 Signal leakage monitoring.
76.1804 Aeronautical frequencies: Leakage monitoring (CLI).

PART 78--CABLE TELEVISION RELAY SERVICE

Subpart A--General

    Brief Description: This rule sets forth the purpose of the 
licensing and operation of fixed or mobile cable television relay 
service stations.
    Need: This rule is needed to assist the Commission in furthering 
its goal of providing all Americans with access to ubiquitous 
wireless broadband connections, regardless of their location.
    Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
    Section Number and Title:

78.1 Purpose.

Subpart B--Applications and Licenses

    Brief Description: These rules apply to the application 
processes for Cable Television Relay Services (CARS) that 
Commission-regulated entities may take to amend, terminate their 
station authorizations or coordinate their frequency assignments in 
certain bands.
    Need: These rules ensure that Cable Television Relay Services 
are properly authorized with the Commission.
    Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
    Section Numbers and Titles:

78.17 Amendment of applications.
78.30 Forfeiture and termination of station authorizations.
78.36 Frequency coordination.

Subpart D--Technical Regulations

    Brief Description: These rules were amended permit Broadcast 
Auxiliary Services (BAS) stations to introduce new technologies and 
create a more efficient BAS that can more readily adapt as the 
broadcast industry converts to the use of digital technology, such 
as digital television (DTV).
    Need: These rules are needed to permit CARS to operate with BAS 
and Fixed Services under consistent regulatory guidelines. These 
services share frequency bands and have technically and 
operationally similar stations.
    Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
    Section Number and Titles:

78.106 Interference to geostationary satellites.
78.109 Major and minor modifications to stations.

PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING

    Brief Description: In 1996, Congress added section 713 to the 
Communications Act of 1934, as amended (the Act), requiring the 
Commission to adopt rules and implementation schedules for the 
closed captioning of video programming. The Commission's closed 
captioning rules require video programming distributors to increase 
gradually the amount of captioned programming offered over a period 
of years, subject to certain exceptions. The rules allow video 
programming distributors to exercise discretion with respect to what 
types of closed captioned programming to provide first. A video 
programming distributor could use this discretion during the 
implementation period and choose to not close caption programming 
providing emergency information. To ensure the accessibility of 
emergency information on television, in 2000 the Commission 
established rules requiring that the critical details of emergency 
information be made accessible to persons with hearing disabilities 
through closed captioning or by a method of visual presentation. The 
Commission's rules also require that the critical details of 
emergency information on television be made accessible to persons 
with visual disabilities. Section 713 of the Act also instructed the 
Commission to examine the use of video descriptions on video 
programming and to report to Congress its findings, including an 
assessment of appropriate methods and phase-in schedules and a 
definition of programming for which video descriptions would apply. 
In 2000, the Commission adopted video description rules. The United 
States Court of Appeals for the District of Columbia Circuit 
subsequently vacated these video description rules, stating that 
section 713 did not authorize the Commission to adopt regulations 
implementing video descriptions. The Twenty-First Century 
Communications and Video Accessibility Act of 2010, however, 
requires the Commission to reinstate its video description 
regulations, with some modifications.
    Need: Emergency information is information about a current 
emergency that is intended to further the protection of life, 
health, safety, and property, i.e., critical details regarding the 
emergency and how to respond to the emergency. Significant health 
and safety issues are inherent in emergency information making it 
necessary to make this information accessible to all persons. Video 
description is the description of key visual elements in programming 
inserted into natural pauses in the audio of the programming. It is 
designed to make television programming more accessible to the many 
Americans who have visual disabilities.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310 
and 613.
    Section Number and Title:

79.2 Accessibility of programming providing emergency information.

    Brief Description: In 1996, Congress added section 713 to the 
Communications Act of 1934, as amended (the Act), which, among

[[Page 9301]]

other things, instructed the Commission to examine the use of video 
descriptions in order to enhance the accessibility of video 
programming to people with visual disabilities. Section 713 also 
required the Commission to report to Congress its findings, 
including an assessment of appropriate methods and phase-in 
schedules and a definition of programming for which video 
descriptions would apply. In 2000, the Commission adopted video 
description rules. The United States Court of Appeals for the 
District of Columbia Circuit subsequently vacated these video 
description rules, stating that section 713 did not authorize the 
Commission to adopt regulations implementing video descriptions. The 
Twenty-First Century Communications and Video Accessibility Act of 
2010, however, required the Commission to reinstate its video 
description regulations, with some modifications. In August 2011, 
the Commission adopted an order doing so. Among the video 
description regulations reinstated in this action were two added in 
2001, section 79.3(c)(4) (establishing standards for compliance with 
video description requirements) and (e)(1)(vi) (requiring that a 
complainant of a video description rules violation first attempt to 
resolve the dispute with the video programming distributor against 
whom the complaint is alleged).
    Need: Video description is the description of key visual 
elements in programming inserted into natural pauses in the audio of 
the programming. It is designed to make television programming more 
accessible to the many Americans who have visual disabilities.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310 
and 613.
    Section Number and Title:

79.3 Video description of video programming.

PART 80--STATIONS IN THE MARITIME SERVICES

Subpart D--Operator Requirements

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Subpart D rules prescribe coast station operator requirements, ship 
station operator requirements, minimum operator license 
requirements, and general operator requirements.
    Need: Consistent with ITU regulations permitting a restricted 
operator's certificate for GMDSS operators on ships sailing 
exclusively within Sea Area A1, section 80.159(d) requires that a 
passenger ship equipped with a GMDSS installation and operating 
exclusively within twenty nautical miles of shore carries at least 
two persons holding either a GMDSS Radio Operator License or a 
Restricted GMDSS Radio Operator License.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Number and Title:

80.159(d) Operator requirements of Title III of the Communications 
Act and the Safety Convention.

Subpart E--General Technical Standards

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Subpart E rules prescribe the general technical requirements for the 
use of frequencies and equipment in the maritime services.
    Need: As proposed by the Coast Guard, section 80.203(m)(6) 
prohibits ship stations from including any device capable of 
transmitting on a distress frequency without regulatory 
authorization.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Number and Title:

80.203(m)(6) Authorization of transmitters for licensing.

Subpart F--Equipment Authorization for Compulsory Ships

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Subpart F rules prescribe the general technical requirements for 
certification of equipment used on compulsory ships.
    Need: As requested by the Coast Guard, section 80.275 governs 
the implementation of Automatic Identification Systems (``AIS'') and 
specifies what information must be submitted to the Coast Guard and 
the Commission prior to submitting a certification application for a 
Class A AIS device.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Number and Title:

80.275 Technical Requirements for Class A Automatic Identification 
System (AIS) equipment.

Subpart J--Public Coast Stations

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Section 80.475 (a)(1)-(2) requires licensees seeking to locate 
public coast stations within a specified distance of channel 13 and 
channel 10 TV stations to submit an engineering study to the 
Commission and the TV stations clearly showing the means of avoiding 
interference with television reception.
    Need: These requirements ensure interference with television 
reception is prevented.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Number and Title:

80.475(a)(1)-(2) Scope of service of the Automated Maritime 
Telecommunications System (AMTS).

Subpart R--Technical Equipment Requirements for Cargo Vessels Not 
Subject to Subpart W

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Subpart R rules provide the radiotelephone requirements for cargo 
ships of 300 to 1600 gross tons. Sections 80.880 and 80.881 specify 
equipment requirements for ship stations between 300 to 1600 gross 
tons operating within 20 and 100 nautical miles of shore.
    Need: These equipment requirements are needed to ensure that the 
Commission's ship radar rules are fully compatible with 
internationally-agreed performance and certification testing 
standards required to meet international shipboard carriage 
requirements.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Numbers and Titles:

80.880 Vessel radio equipment.
80.881 Equipment requirements for ship stations.

Subpart W--Global Maritime Distress and Safety System (GMDSS)

    Brief Description: The part 80 rules set forth the conditions 
under which radio may be licensed and used in the maritime services. 
Subpart W rules apply to all passenger ships regardless of size and 
cargo ships of 300 tons gross tonnage and upwards, mostly fishing 
vessels, with some exceptions.
    Need: The rules in this subpart require that all compulsory 
vessels, including fishing vessels of 300 gross tons or more, must 
comply with all the GMDSS requirements appropriate to their area of 
operation. A separate safety system for fishing vessels would be 
expensive, difficult to administer, and would cause confusion during 
a distress incident.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.
    Section Numbers and Titles:

80.1071(c) Exemptions.
80.1083(d)-(g) Ship radio installations.
80.1085(a)(6)(iii), (c), (d) Ship radio equipment-General.
80.1101(c)(11)-(12) Performance standards.
80.1105(k) Maintenance requirements.

[[Page 9302]]

PART 87--AVIATION SERVICES

Subpart D--Technical Requirements

    Brief Description: The part 87 rules set forth the conditions 
under which radio stations may be licensed and used in the aviation 
services. Subpart R rules provide the technical requirements for 
such radio stations.
    Need: The technical requirements are needed to protect the 
safety of life and property in air navigation and must be 
periodically updated to reflect technological advancements in the 
aviation industry and maximize spectral efficiency while maintaining 
important safeguards against interference.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.
    Section Numbers and Titles:

87.147(f) Authorization of equipment.
87.151 Special requirements for differential GPS receivers.

Subpart F--Aircraft Stations

    Brief Description: Part 87 contains the Commission rules 
governing aviation services. Subpart F sets forth the rules 
governing assignment of frequencies in those services.
    Need: This rule is needed as it designates certain frequencies 
for flight information services-broadcast (FIS-B) that may not be 
used by aircraft for transmission.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e).
    Section Number and Title:

87.187(dd) Frequencies.

Subpart G--Aeronautical Advisory Stations (UNICOMS)

    Brief Description: The part 87 rules set forth the conditions 
under which radio stations may be licensed and used in the aviation 
services. Subpart G rules provide the eligibility, frequencies, and 
automatic operations requirements for unicoms.
    Need: Unicoms are important air-ground communication facilities 
employed at airports with a low volume of general aviation traffic 
and where no control tower is active. These rules govern their 
operations at uncontrolled aerodromes and airports.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.
    Section Number and Title:

87.215(c)-(e) Supplemental eligibility.

Subpart I--Aeronautical Enroute Stations, Aeronautical Fixed Stations, 
and Aircraft Data Link Land Test Stations

    Brief Description: Part 87 contains the Commission rules 
governing aviation services. Subpart I sets forth the rule governing 
assignment of frequencies in those services.
    Need: This rule is needed as it designates certain frequencies 
for aeronautical enroute stations, which provide operational control 
communications to aircraft along domestic or international air 
routes.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e).
    Section Number and Title:

87.263(a)(1)(5) Frequencies.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

Subpart B--Public Safety Pool

    Brief Description: The Public Safety Radio Pool covers the 
licensing of the radio communications of governmental entities and 
the following Medical services, rescue organizations, veterinarians, 
persons with disabilities, disaster relief organizations, school 
buses, beach patrols, establishments in isolated places, 
communications standby facilities, and emergency repair of public 
communications facilities.
    Need: Modifies the Public Safety Pool Frequency Table in 47 CFR 
90.20(c)(3) to provide that operation on specified is subject to the 
low power provisions of 90.267. These frequencies are assigned to 
the Public Safety Group in the low power pool.
    Section Number and Title:

90.20 Public Safety Pool.

Subpart C--Industrial/Business Radio Pool

    Brief Description: Part 90 states the conditions under which 
radio communications systems may be licensed and used in the Public 
Safety, Industrial/Business Radio Pool, Radiolocations Radio 
Services, and Commercial Mobile Radio Services. Subpart C covers the 
licensing of the radio communications of entities engaged in 
commercial activities, engaged in clergy activities, operating 
educational, philanthropic, or ecclesiastical institutions, or 
operating hospitals, clinics, or medical associations. Rules as to 
eligibility for licensing, frequencies available, permissible 
communications and classes and number of stations, and any special 
requirements are set forth in this subpart.
    Need: These rules are needed as they designate certain 
frequencies for Industrial/Business Pool services.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e).
    Section Number and Title:

90.35(b)(2)(ii)(iii) Industrial/Business Pool.

Subpart H--Policies Governing the Assignment of Frequencies

    Brief Description: The part 90 rules set forth the conditions 
under which radio communications systems may be licensed and used in 
the Public Safety, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart H rules inform about the policies under 
which the Commission assigns frequencies for the use of licensees 
under this part, frequency coordination procedures, and procedures 
under which licensees may cooperatively share radio facilities.
    Need: These rules are needed as they designate certain 
frequencies for Private Land Mobile Radio Services (PLMRS) and 
authorize licensees to share use of their facilities and given that 
the Universal Licensing System (ULS) now provides frequency 
coordinators with immediate access to frequency and site 
information, it is necessary to clarify that a part 90 frequency or 
site deletion request need not be accompanied by a frequency 
coordination. It would be inconsistent to require coordination for a 
deletion of a site or a frequency when it is not required for a 
request to cancel an entire authorization.
    Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 
156.
    Section Numbers and Titles:

90.175(b)(1)-(3), (j)(17) Frequency coordinator requirements.
90.179(j) Shared use of radio stations.

Subpart I--General Technical Standards

    Brief Description: These rules set out the certification 
standards for part 90 transmitters, including the maximum bandwidth 
per voice or data channel.
    Need: To ensure efficient use of spectrum by enabling the 
maximum number of users within a given spectrum band, the Commission 
has established maximum bandwidths for different applications. 
Manufacturers of transmission equipment must demonstrate, as a 
prerequisite to certification or verification, that their equipment 
meets the maximum bandwidth restrictions in the rules.
    Legal Basis: 47 U.S.C. 303(g), 303(r), 332(a), 332(c), and 
332(d).
    Section Number and Title:

90.203(j), (l) Certification required.

Subpart I--General Technical Standards

    Brief Description: The part 90 rules set forth the conditions 
under which radio communications systems may be licensed and used in 
the Public Safety, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart I rules set forth the general technical 
requirements for use of frequencies and equipment in the radio 
services governed by this part. Such requirements include standards 
for acceptability of equipment, frequency tolerance, modulation, 
emissions, power, and bandwidths.
    Need: These technical standards are needed to ensure that public 
safety communications devices are interoperable and do not cause 
harmful interference to other authorized communications.
    Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 
156.
    Section Number and Title:

90.209(b)(6) Bandwidth limitations.

Subpart N--Operating Requirements

    Brief Description: Part 90 provides general operating 
requirements for stations licensed under part 90 and used in the 
Public Safety, Industrial/Business Radio Pool, Radiolocations Radio 
Services, and Commercial Mobile Radio Services. Subpart N sets forth 
the rules for station operating procedures, points of 
communications, methods of station identification, control 
requirements, and station record-keeping requirements.
    Need: This rule allows hand-held and vehicular transmitters in 
private land mobile radio services to be operated by any licensee

[[Page 9303]]

holding a license in the 700 MHz Public Safety Band or by any 
licensee holding a license for any other public safety frequency 
pursuant to part 90.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r) and 
332(c)(7).
    Section Number and Title:

90.421(a)(3) Operation of mobile station units not under the control 
of the licensee.

Subpart R--Regulations Governing the Licensing and Use of Frequencies 
in the 763-775 and 793-805 MHz Bands

    Brief Description: These rules set out the eligibility, 
operational, planning and licensing requirements, and technical 
standards for stations licensed in these bands, including 
interoperability requirements.
    Need: Nationwide interoperability channels in the 700 MHz 
narrowband public safety spectrum are essential to provide first-
responders with multiple communications channels using a common 
technology. Interoperability channels allow users to integrate their 
communications into other 700 MHz systems other than their ``home'' 
systems during emergency response operations.
    Legal Basis: 47 U.S.C. 151, 154(i), 157, 301, 302, 303, 337.
    Section Number and Title:

90.531(b)(1) Narrowband Interoperability Channels.

Subpart R--Regulations Governing the Licensing and Use of Frequencies 
in the 763-775 and 793-805 MHz Bands

    Brief Description: These rules set out the eligibility, 
operational, planning and licensing requirements, and technical 
standards for stations licensed in these bands, including 
interoperability requirements.
    Need: Limits on the maximum power allowed for certain devices 
are necessary to limit interference while still allowing sufficient 
power for a communications device to perform its functions. Thus, 
for example, transmitters operating on the 700 MHz Nationwide 
Interoperability Low Power Channels are limited to an effective 
radiated power (ERP) of two watts.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 303(f), 303(r), 309, 
332, 337, 403 and 405.
    Section Number and Title:

90.541(d) Transmitting power and antenna height limits.

Subpart R--Regulations Governing the Licensing and Use of Frequencies 
in the 763-775 and 793-805 MHz Bands

    Brief Description: These rules set out the eligibility, 
operational, planning and licensing requirements, and technical 
standards for stations licensed in these bands, including 
interoperability requirements.
    Need: Ensuring interoperability on the 700 MHz nationwide 
narrowband interoperability channels requires the use of a common 
technology. Otherwise, first responders using a given proprietary 
technology would be unable to communicate with first responders in a 
different jurisdiction using a different technology. Accordingly the 
Commission adopted the mandatory use of ANSI/TIA/EIA (Project 25) 
technology for the 700 MHz nationwide narrowband interoperability 
channels.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 157(a), 302, 303(b), 
303(f), 303(g), 303(r), 307(e), 332(a), 332(c).
    Section Number and Title:

90.548 Interoperability Technical Standards.

    Brief Description: These rules set out the eligibility, 
operational, planning and licensing requirements, and technical 
standards for stations licensed in these bands, including 
interoperability requirements.
    Need: Encryption ensures that public safety communications 
cannot be intercepted. Requiring a common encryption protocol 
ensures that first responders ``roaming'' into another jurisdiction 
to provide assistance will have their transmissions encrypted using 
the same protocol as in their home jurisdiction. The rules require 
that licensees employing encryption use the DES encryption protocol, 
ANSI/TIA/EIA-102 AAAA-A-2001.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 157(a), 302, 303(b), 
303(f), 303(g), 303(r), 307(e), 332(a), 332(c).
    Section Number and Title:

90.553 Encryption.

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 states the conditions under which 
radio communications systems may be licensed and used in the Public 
Safety, Industrial/Business Radio Pool, Radiolocations Radio 
Services, and Commercial Mobile Radio Services. Subpart S sets forth 
the rules governing the licensing and use of frequencies in the 806-
824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands.
    Need: This rule sets forth the procedures for applicants with 
respect to selection and assignment of licenses of channels in the 
Business/Industrial/Land Transportation category.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r) and 
332(c)(7).
    Section Number and Title:

90.621 Selection and assignment of frequencies.

    Brief Description: These rules set out the eligibility, 
operational, planning and licensing requirements, and technical 
standards for stations licensed in these bands.
    Need: Where a large-scale or complex communications system 
cannot be constructed and placed into operation within the required 
one-year period, the Commission's rules, provide an extended 
implementation period (5 years) when the licensees provide adequate 
justification.
    Legal Basis: 47 U.S.C. 154(i), 303(r) and 331(a).
    Section Number and Title:

90.629 Extended implementation period.

    Brief Description: This subpart regulates licensing and 
operations of all systems operating in the 806-824/851-869 MHz and 
896-901/935-940 MHz bands. These rules permit 800 MHz high density 
cellular system operations on channels 551-830 in non-border areas 
and on channels 411-830 in specific counties and parishes. Also, 
these rules impose a strict responsibility to abate unacceptable 
interference to non-cellular licensees and establish interference 
resolution procedures to be followed before, during, and after band 
reconfiguration.
    Need: These rules result in efficient use of the spectrum 
regardless of the reconfiguration status of the band while 
preventing interference along the border and protecting operations 
by non-cellular licensees.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7); 
Title VI of the Middle Class Tax Relief and Job Creation Act of 
2012, Public Law 112-96, 126 Stat. 156.
    Section Numbers and Titles:

90.614 Segments of the 806-824/851-869 MHz band for non-border 
areas.
90.673-77 Obligation to abate unacceptable interference; 
Interference resolution procedures before, during, and after band 
reconfiguration; Information exchange; Transition administrator for 
reconfiguration of the 806-824/8512-869 MHz band in order to 
separate cellular systems from non-cellular systems; Reconfiguration 
of the 806-824/851-869 MHz band in order to separate cellular 
systems from non-cellular systems.

PART 95--PERSONAL RADIO SERVICES

Subpart B--Family Radio Services (FRS)

    Brief Description: Part 95 contains the Commission rules 
relating to personal radio services. Subpart B sets forth the rules 
governing Family Radio Service (FRS).
    Need: FRS provide a high-quality low-cost communications service 
to hunters, campers, hikers, bicyclists and other outdoor activity 
enthusiasts who need to communicate with other members of their 
party who are out of speaking range or sight but still in the same 
general area.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).
    Section Number and Title:

95.194(d) (FRS Rule 4) FRS units.

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 lists Dedicated Short-Range Communications 
Service On-Board Units (DSRCS-OBUs) among citizens band services.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).

[[Page 9304]]

    Section Number and Title:

95.401(g) (CB Rule 1) What are the Citizens Band Radio Services?

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: The rules specify technical standards for Dedicated Short-
Range Communications Service On-Board Units (DSRCS-OBU).
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).
    Section Numbers and Titles:

95.603(h) Certification required.
95.631(k) Emission types.
95.633(g) Emission bandwidth.
95.635(f) Unwanted radiation.
95.637(f) Modulation standards.
95.639(i) Maximum transmitter power.
95.643 DSRCS-OBU certification.
95.655(d) Frequency capability.

Subpart F--218-219 MHz Service

    Brief Description: Part 95 contains the Commission rules 
relating to personal radio services. Subpart F sets forth the rules 
governing the 218-219 MHz service.
    Need: These rules are needed to set forth the various 
regulations governing the operation of Personal Radio Service in the 
218-219 MHz band.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Numbers and Titles:

95.803 218-219 MHz service description.
95.807(a), (1), (4) Requesting regulatory status.
95.811(b), (e) License requirements.
95.812(a) License term.
95.816(b) Competitive bidding proceedings.
95.819 License transferability.
95.861(c) Interference.

Subpart K--Personal Locator Beacons (PLB)

    Brief Description: Part 95 contains the Commission rules 
relating to personal radio services. Rules in subpart K provide 
individuals in remote areas a means to alert others of an emergency 
situation and to aid search and rescue personnel locate those in 
distress.
    Need: These rules provide individuals in remote areas a means to 
alert others of an emergency situation and to aid search and rescue 
personnel locate those in distress.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).
    Section Numbers and Titles:

95.1400 Basis and purpose.
95.1401 Frequency.
95.1402 Special requirements for 406 MHz PLBs.

Subpart L--Dedicated Short-Range Communications Service On-Board Units 
(DSRCS-OBUS)

    Brief Description: Part 95 contains the Commission rules 
relating to personal radio services. Subpart L sets out the 
regulations governing Dedicated Short-Range Communications Service 
On-Board Units (DSRCS-OBUs) in the 5850-5925 MHz band.
    Need: DSRC provides the critical communications link for 
intelligent transportation systems, which according to the Secretary 
of Transportation, are the key to achieving the United States 
Department of Transportation's number one priority, reducing highway 
fatalities. The rules in subpart L pertain to licensing of On-Board 
Units, in-vehicle communications units.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).
    Section Numbers and Titles:

95.1501 Scope.
95.1503 Eligibility.
95.1505 Authorized locations.
95.1507 Station identification.
95.1509 ASTM E2213-03 DSRC Standards.
95.1511 Frequencies available.

PART 97--AMATEUR RADIO SERVICES

Subpart A--General Provisions

    Brief Description: Part 97 contains the Commission rules 
relating to amateur radio services. Subpart A sets forth the general 
provisions pertaining to Commission's scope and authority and 
definitions related to amateur radio services.
    Need: These rules are needed to define ``question pool,'' which 
is the set of current examination questions for the written element 
of the examination required to receive an amateur radio license as 
it pertains to amateur radio services. The rules also provide the 
definitions of technical symbols used in this part.
    Legal Basis: 47 U.S.C. 151-155 and 301-609.
    Section Number and Title:

97.3(a)(35), (b) Definitions.

Subpart B--Station Operation Standards

    Brief Description: Part 97 contains the Commission rules 
relating to amateur radio services. Subpart B sets forth station 
operation standards for amateur radio services.
    Need: These rules describe how amateur radio license operators 
must indicate their license class (Novice, Technician, General, 
Advanced, and Amateur Extra) using the license call sign.
    Legal Basis: 47 U.S.C. 154, 303. 47 U.S.C. 151-155 and 301-609.
    Section Number and Title:

97.119(f)(2)(3) Station identification.

Subpart F--Qualifying Examination Systems

    Brief Description: Part 97 contains the Commission rules 
relating to amateur radio services. Subpart F sets forth rules for 
the examination required for new amateur operator license grants.
    Need: This rule allows Volunteer Examiners (VEs) and Volunteer 
Examiner-Coordinators (VECs) to be reimbursed by examinees for out-
of-pocket expenses related to the amateur operator license exam.
    Legal Basis: 47 U.S.C. 154, 303, 47 U.S.C. 151-155 and 301-609.
    Section Number and Title:

97.527 Reimbursement for expenses.

PART 101--FIXED MICROWAVE SERVICES

Subpart B--Applications and Licenses

    Brief Description: Part 101 contains service and licensing rules 
for Fixed Microwave Services. Subpart B establishes application and 
licensing requirements for a number of different fixed microwave 
services.
    Need: The revised rules govern the relocation of fixed microwave 
licensees in the 1850-1990 MHz, 2110-2150 MHz and 2160-2200 MHz 
bands by mobile satellite service licensees (101.69(e)) and the 
relocation of fixed microwave licensees in the 1910-1920 MHz and 
2175-2180 MHz bands by Advanced Wireless Service (AWS) licensees 
(101.69(f)).
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

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.

    Brief Description: Part 101 of the Commission's rules prescribes 
the manner in which spectrum may be made available for private 
operational, common carrier, 24 GHz Service, and Local Multipoint 
Distribution Service fixed, microwave operations that require 
transmitting facilities on land or in specified offshore coastal 
areas within the continental shelf. Subpart B sets forth the general 
filing requirements for applications and licenses in the Fixed 
Microwave Services.
    Need: The revised rules update frequency assignments to reflect 
the reallocation of frequencies in the 18 GHz band from terrestrial 
Fixed Service to the Fixed Satellite Service, as well as the 
grandfathering of existing Fixed Service facilities.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Numbers and Titles:

101.85 Transition of the 18.3-19.3 GHz band from the terrestrial 
fixed services to the fixed-satellite service (FSS).
101.91 Involuntary relocation procedures.
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: Part 101 of the Commission's rules prescribes 
the manner in which spectrum may be made available for private 
operational, common carrier, 24 GHz Service, and Local Multipoint 
Distribution Service fixed, microwave operations that require 
transmitting facilities on land or in specified offshore coastal 
areas within the continental shelf. Subpart C sets forth technical 
standards for applications, service and licensing rules for Fixed 
Microwave Services.
    Need: The revised rules establish revised technical standards 
for Multiple Address Systems and Operational Fixed Stations and 
establish the emissions mask for the 71-76 GHz, 81-86 GHz, 92-94 
GHz, and 94.1-95 GHz bands (101.111(a)(2)(v)); establish 
requirements for existing private operational fixed wireless 
licensees applying to become common carrier licensees (101.133(e)); 
and establish frequency assignments for the 71-

[[Page 9305]]

76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (101.147(z)). 
The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Numbers and Titles:

101.105 Interference protection criteria.
101.107 Frequency tolerance.
101.111 Emission limitations.
101.113 Transmitter power limitations.
101.133(e) Limitations on use of transmitters.
101.135 Shared use of radio stations and the offering of private 
carrier service.
101.147 Frequency assignments.

Subpart O--Multiple Address Systems

    Brief Description: Part 101 of the Commission's rules prescribes 
the manner in which spectrum may be made available for private 
operational, common carrier, 24 GHz Service, and Local Multipoint 
Distribution Service fixed, microwave operations that require 
transmitting facilities on land or in specified offshore coastal 
areas within the continental shelf. Subpart 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(i), 303 and 309.
    Section Numbers and Titles:

101.1307 Permissible communications.
101.1315 Service areas.
101.1331 Treatment of incumbents.

Subpart Q--Service and Technical Rules for the 70/80/90 GHz Bands

    Brief Description: Part 101 contains service and licensing rules 
for Fixed Microwave Services. Subpart Q sets forth the service, 
licensing and technical rules for the 71-76 GHz, 81-86 GHz, 92-94 
GHz, and 94.1-95 GHz bands (known colloquially as the 70/80/90 GHz 
bands).
    Need: These rules establish service, licensing and technical 
rules for the 70/80/90 GHz bands. The need for these rules is 
ongoing.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Numbers and Titles:

101.1501 Service areas.
101.1505 Segmentation plan.
101.1507 Permissible operations.
101.1511 Regulatory status and eligibility.
101.1513 License term and renewal expectancy.
101.1523 Sharing and coordination among non-government licensees and 
between non-government and government services.
101.1525 RF safety.
101.1527 Canadian and Mexican coordination.

[FR Doc. 2017-02221 Filed 2-2-17; 8:45 am]
 BILLING CODE 6712-01-P