FCC Seeks Comment on Reform of Rules Governing the Cellular Service and Other Public Mobile Services, 17959-17964 [2017-07549]
Download as PDF
17959
Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Proposed Rules
SO2 emission
limit
(lb/ton clinker)
Source name
Ash Grove, Montana City .........................
8.0
1.3
7.6
If the process weight rate of the kiln is less than or equal to 30
tons per hour, then the emission limit shall be calculated using
E = 4.10p0.67 where E = rate of emission in pounds per hour
and p = process weight rate in tons per hour; however, if the
process weight rate of the kiln is greater than 30 tons per hour,
then the emission limit shall be calculated using E = 55.0p0.11
¥ 40, where E = rate of emission in pounds per hour and P =
process weight rate in tons per hour.
0.77 lb/ton clinker .............................................................................
Oldcastle, Trident .....................................
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(d) Compliance date. The owners and
operators of the BART sources subject to
this section shall comply with the
emission limitations and other
requirements of this section as follows,
unless otherwise indicated in specific
paragraphs: Compliance with PM
emission limits is required by November
17, 2012. Compliance with SO2 and
NOX emission limits is required by
April 16, 2013, unless installation of
additional emission controls is
necessary to comply with emission
limitations under this rule, in which
case compliance is required by October
18, 2017.
NOTE TO PARAGRAPH (d): On June 9,
2015, the NOX and SO2 emission limits, and
thereby compliance dates, for Colstrip Units
1 and 2 and Corette were vacated by court
order.
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
NOX emission
limit
(lb/ton clinker)
11.5
PM emission limit
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(f) * * *
(1) EGU particulate matter BART
emission limits. Compliance with the
particulate matter BART emission limits
for each EGU BART unit shall be
determined by the owner/operator from
annual performance stack tests. Within
60 days of the compliance deadline
specified in this paragraph (d) of this
section, and on at least an annual basis
thereafter, the owner/operator of each
unit shall conduct a stack test on each
unit to measure the particulate
emissions using EPA Method 5, 5B, 5D,
or 17, as appropriate, in 40 CFR part 60,
Appendix A. A test shall consist of three
runs, with each run at least 120 minutes
in duration and each run collecting a
minimum sample of 60 dry standard
cubic feet. Results shall be reported by
the owner/operator in lb/MMBtu. The
results from a stack test meeting the
requirements of this paragraph that was
completed within 12 months prior to
the compliance deadline can be used in
lieu of the first stack test required. If this
option is chosen, then the next annual
stack test shall be due no more than 12
months after the stack test that was
used. In addition to annual stack tests,
owner/operator shall monitor
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particulate emissions for compliance
with the BART emission limits in
accordance with the applicable
Compliance Assurance Monitoring
(CAM) plan developed and approved in
accordance with 40 CFR part 64.
(2) Cement kiln particulate matter
BART emission limits. Compliance with
the particulate matter BART emission
limits for each cement kiln shall be
determined by the owner/operator from
annual performance stack tests. Within
60 days of the compliance deadline
specified in paragraph (d) of this
section, and on at least an annual basis
thereafter, the owner/operator of each
unit shall conduct a stack test on each
unit to measure particulate matter
emissions using EPA Method 5, 5B, 5D,
or 17, as appropriate, in 40 CFR part 60,
Appendix A. A test shall consist of three
runs, with each run at least 120 minutes
in duration and each run collecting a
minimum sample of 60 dry standard
cubic feet. The average of the results of
three test runs shall be used by the
owner/operator for demonstrating
compliance. The results from a stack
test meeting the requirements of this
paragraph that was completed within 12
months prior to the compliance
deadline can be used in lieu of the first
stack test required. If this option is
chosen, then the next annual stack test
shall be due no more than 12 months
after the stack test that was used.
Clinker production shall be
determined in accordance with the
requirements found at 40 CFR 60.63(b).
Results of each test shall be reported by
the owner/operator as the average of
three valid test runs. In addition to
annual stack tests, owner/operator shall
monitor particulate emissions for
compliance with the BART emission
limits in accordance with the applicable
Compliance Assurance Monitoring
(CAM) plan developed and approved in
accordance with 40 CFR part 64.
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(ii) For Trident, the emission rate (E)
of particulate matter shall be computed
by the owner/operator for each run in
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lb/ton clinker, using the following
equation:
E = (CsQs)/PK
Where:
E = emission rate of PM, lb/ton of clinker
produced;
Cs = concentration of PM in grains per
standard cubic foot (gr/scf);
Qs = volumetric flow rate of effluent gas,
where Cs and Qs are on the same basis
(either wet or dry), scf/hr;
P = total kiln clinker production, tons/hr; and
K = conversion factor, 7000 gr/lb,
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[FR Doc. 2017–07597 Filed 4–13–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 22
[WT Docket No. 12–40; FCC 17–27]
FCC Seeks Comment on Reform of
Rules Governing the Cellular Service
and Other Public Mobile Services
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) proposes and seeks
comment on reforms of its rules
governing the 800 MHz Cellular
(Cellular) Service and other Public
Mobile Services. Specifically, the
Commission proposes to eliminate four
rules that impose requirements on
licensees in these services concerning
station inspections, records retention
and production, operators at station
control points, and the filing of certain
employment reports. The Commission
believes that the existing requirements
may disadvantage the affected licensees,
as compared to licensees of other
wireless spectrum bands, or may no
longer be necessary in today’s digital
age, or for which the benefits may no
longer outweigh the costs and burdens
of compliance. The Commission also
SUMMARY:
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Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Proposed Rules
seeks comment on whether other
measures could be taken to give Public
Mobile Services licensees more
flexibility and administrative relief, and
on ways to consolidate and simplify its
rules, not only for the Cellular Service,
but also other geographically licensed
wireless services. In this regard, the
Commission considers a possible
relocation of rules governing certain
flexibly licensed wireless services.
DATES: Submit comments on or before
May 15, 2017 and reply comments on or
before June 13, 2017.
ADDRESSES: Interested parties may
submit comments, identified by WT
Docket No. 12–40, by any of the
following methods:
• Federal Communications
Commission’s Web site: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
• 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. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes 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,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
• People with Disabilities: 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.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Nina Shafran, Mobility Division,
Wireless Telecommunications Bureau,
(202) 418–2781, TTY (202) 418–7233, or
nina.shafran@fcc.gov .
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Second
Further Notice of Proposed Rulemaking
(Second FNPRM) in WT Docket No. 12–
40, FCC 17–27, adopted March 23, 2017,
and released March 24, 2017. The full
text of the Second FNPRM, including
Appendices, is available for inspection
and copying during normal business
hours in the FCC Reference Center, 445
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13:41 Apr 13, 2017
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12th Street SW., Room CY–A157,
Washington, DC 20554, or by
downloading the text from the
Commission’s Web site at https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-17-27A1.pdf.
Alternative formats are available for
people with disabilities (Braille, large
print, electronic files, audio format), by
sending an email to FCC504@fcc.gov or
calling the Consumer and Government
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
Comment Filing Instructions
Pursuant to sections 1.415 and 1.419
of the Commission’s rules, 47 CFR 1.415
and 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. All filings
related to the Second FNPRM should
refer to WT Docket No. 12–40.
Comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Parties should
only file in WT Docket No. 12–40.
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
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes 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,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
People with Disabilities: 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 and Governmental Affairs
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Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Synopsis
I. Introduction and Background
1. In this Second Further Notice of
Proposed Rulemaking in WT Docket No.
12–40 (Second FNPRM), the
Commission proposes and seeks
comment on reforms of its rules
governing the 800 MHz Cellular
(Cellular) Service and other public
mobile services, as explained in detail
in the sections below. These reforms
would build on those that were adopted
in the Report and Order in WT Docket
No. 12–40, adopted November 7, 2014
and released November 10, 2014 (FCC
14–181) (2014 Report and Order), and
on the reforms adopted in the Second
Report and Order in WT Docket No. 12–
40 and the companion Report and Order
in WT Docket No. 10–112, adopted on
March 23, 2017 and released on March
24, 2017 (FCC 17–27). In making its
proposals in this Second FNPRM, the
Commission draws in part on certain
comments submitted in response to the
Further Notice of Proposed Rulemaking
in WT Docket No. 12–40 (FNPRM),
adopted November 7, 2014 and released
November 10, 2014 (FCC 14–181), and
on certain comments submitted in
response to a public notice inviting
comment on the Commission’s 2016
Biennial Review of Telecommunications
Regulations, WT Docket Nos. 16–138 et
al., released November 3, 2016 (FCC 16–
149) (2016 Biennial Review Public
Notice).1
2. Specifically, commenters identify
as ripe for elimination 47 CFR 22.301,
22.303, and 22.325, which provide for
retention and inspection of certain
paper records at each station’s control
point, and on-duty personnel at control
points responsible for station operation.
Verizon also highlights 47 CFR
22.321(c), requiring the filing of annual
Equal Employment Opportunity (EEO)
complaint reports with the Commission.
Each of these rules was adopted more
than twenty years ago, when the
Commission revised Part 22 in its
entirety with the goal of making the
rules better organized and easier to
understand and use. As discussed
below, the Commission now proposes to
eliminate these four rules and invites
comment on the effects of doing so,
including the potential impact of
1 Although the Commission here considers
comments that were submitted regarding the Part 22
rules in response to the 2016 Biennial Review
Public Notice, such consideration does not
otherwise impact review of other comments filed in
response to the 2016 Biennial Review Public Notice,
including those submitted by commenters regarding
other rule provisions.
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repealing these rules not just for
Cellular licensees, but for all Part 22
licensees—i.e., Paging, Air-Ground,
Rural Radiotelephone, and Offshore
Radiotelephone licensees.
3. More generally, in this Second
FNPRM, the Commission seeks
comment on any other measures that
could help ensure flexibility and
consistency in licensing across wireless
spectrum bands, while taking into
account the unique features of each
service. In addition, the Commission
seeks comment on possibly relocating
certain of its rules, including the Part 22
Cellular Service and Part 24 broadband
Personal Communications Services
(PCS) rules, to Part 27. In addition to
enhancing licensees’ flexibility and
promoting consistent treatment across
wireless spectrum bands, the
Commission’s goals include eliminating
unnecessary regulatory burdens on
licensees, allowing them to use their
resources more efficiently to provide
services to consumers.
II. Proposed Rule Revisions and Other
Possible Reforms
jstallworth on DSK7TPTVN1PROD with PROPOSALS
A. 47 CFR 22.301, 22.303—Station
Inspection, Retention of Station
Authorizations
4. Section 22.301 of the Commission’s
rules, 47 CFR 22.301, requires that,
‘‘[u]pon reasonable request, the licensee
of any station authorized in the Public
Mobile Services must make the station
and station records available for
inspection by authorized representatives
of the Commission at any reasonable
hour.’’ Section 22.303 of the
Commission’s rules (47 CFR 22.303)
more broadly requires Part 22 licensees
to retain, among other documentation,
the authorization for each station as a
permanent part of station records.
Specifically, section 22.303 states that:
‘‘The current authorization for each station,
together with current administrative and
technical information concerning
modifications to facilities pursuant to § 1.929
of this chapter, and added facilities pursuant
to § 22.165 must be retained as a permanent
part of the station records. A clearly legible
photocopy of the authorization must be
available at each regularly attended control
point of the station, or in lieu of this
photocopy, licensees may instead make
available at each regularly attended control
point the address or location where the
licensee’s current authorization and other
records may be found.’’
No similar rules exist for commercial
licensees governed by Part 24 of the
Commission’s rules, nor for licensees
governed by the Part 27 rules. In its
comments in response to the FNPRM,
Verizon argues that Cellular licensees
should not be required to retain and
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post information about license
authorizations, calling this requirement
‘‘burdensome, outdated and
unnecessary.’’ Verizon notes that,
because the Commission does not send
copies of licenses when minor
modifications are granted, licensees
‘‘have to periodically take inventory of
their licenses and print copies of
licenses once applications are granted to
ensure they have the current license in
the file.’’ It argues that this
administrative burden is unjustified
given that the Commission’s Wireless
Telecommunications Bureau now
maintains official authorizations in its
Universal Licensing System (ULS).
CTIA echoes these concerns, and more
broadly supports elimination of rules
that ‘‘inhibit Cellular licensees from
benefitting from the same level of
flexibility as is available in other CMRS
spectrum bands.’’ In comments filed in
response to the 2016 Biennial Review
Public Notice, CTIA and T-Mobile
reiterate arguments for eliminating
sections 22.301 and 22.303. CTIA again
stresses that there is no justification for
asymmetry across different wireless
services, particularly when electronic
licensing renders these requirements
unnecessary.
5. Both sections 22.301 and 22.303, 47
CFR 22.301 and 22.303, collectively
require hard copies of license
authorizations and other records to be
maintained for each station and made
available for inspection upon request.
The Commission proposes to eliminate
each of these provisions in their entirety
from the rules and seeks comment on
this proposal. As mentioned above, no
similar rules exist for Part 24 or Part 27
licensees, and the Commission
questions whether the benefit of
maintaining hard copies outweighs the
costs and burdens to Part 22 licensees
in the age of electronic licensing and
recordkeeping. When these rules were
adopted in 1994, maintaining hard
copies in files for inspection at a station
control point may have made sense. But
today, the justification for continuing to
require this paperwork burden seems to
have significantly diminished if not
disappeared entirely, particularly given
that license authorizations are
maintained in ULS. The Commission
seeks comment on these assumptions. Is
there any reason that warrants licensees
continuing to maintain hard copies of
records at each station’s control point?
Are there any other relevant records that
are maintained at a station’s control
point but are not readily available
electronically? In response to the 2016
Biennial Review Public Notice, Public
Knowledge has suggested that, even if
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sections 22.301 and 22.303 are
eliminated, the Commission should
nonetheless affirmatively require Part 22
licensees ‘‘to have electronic copies [of
licenses] easily accessible to personnel
and FCC inspectors.’’ The Commission
seeks comment on Public Knowledge’s
suggestion and whether such a
requirement would be necessary.
6. Section 22.301 requires that the
station itself, not just the station’s
records, be available for inspection by
the Commission. There is no corollary
requirement in Parts 24 or 27. The
Commission emphasizes that, regardless
of whether it retains a rule in Part 22
explicitly requiring licensees to make
their stations available for inspection, it
retains general station inspection
authority under section 303(n) of the
Communications Act of 1934, as
amended. Similarly, section 22.303 of
the Commission’s rules requires
‘‘administrative and technical
information concerning modifications to
facilities . . . and added facilities’’ to be
retained in the stations’ records. Is there
a need to keep that portion of the rule?
Or do sections 1.929 and 22.165 of the
Commission’s rules (47 CFR 1.929 and
22.165)—which are cross-referenced in
47 CFR 22.303—render the reference to
such materials in 47 CFR 22.303
unnecessary and duplicative? The
Commission also seeks comment on
whether this type of administrative and
technical information is maintained by
stations electronically.
B. 47 CFR 22.325, Control Points
7. Section 22.325 of the Commission’s
rules (47 CFR 22.325) requires that
‘‘[e]ach station in the Public Mobile
Services [ ] have at least one control
point and a person on duty who is
responsible for station operation.’’ It
specifies that ‘‘[t]his section does not
require that the person on duty be at the
control point or continuously monitor
all transmissions of the station.
However, the control point must have
facilities that enable the person on duty
to turn off the transmitters in the event
of a malfunction.’’ CTIA argues that the
requirement to designate a person who
is responsible for the station and who
has the ability to shut down service at
any time ‘‘is unique to Part 22 and
should be removed as another example
of unnecessary, costly, and
asymmetrical regulation.’’
8. The Commission proposes to
eliminate section 22.325 in its entirety
from the Commission’s rules and invites
comment on this proposal. As with the
rules discussed above, there is no
similar rule in Part 24 or Part 27 of the
Commission’s rules related to station
control points or requiring a person on
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duty who is responsible for station
operation. The Commission seeks
comment on the costs and burdens of
having such an employee on duty. Do
automatic and remote monitoring render
this rule unnecessary from a
technological standpoint? Section
22.325 requires each Part 22 licensee’s
station to have at least one control
point. Is it necessary to retain that part
of the rule? Is the control point
requirement duplicative of other Part 22
rules, or unnecessary given the way
stations are operated and monitored
today? The Commission seeks comment
on any information relevant to the
proposed elimination of this
requirement from Part 22 of the rules.
C. Section 22.321(c), Equal Employment
Opportunity Complaint Report
9. Section 22.321(c) of the
Commission’s rules (47 CFR 22.321(c))
requires all Part 22 licensees to submit
an annual report to the Commission
indicating whether any Equal
Employment Opportunity (EEO)
complaints have been filed at the
federal, state, or local level against the
licensee. For any such complaint, the
report must state the parties involved,
date of filing, court or agencies
reviewing the complaint, appropriate
file number, and disposition of the
complaint. As with the other Part 22
rules discussed above in this Second
FNPRM, there is no similar requirement
for Part 24 and Part 27 licensees.
However, all common carriers must
comply with a similar requirement in
section 1.815 of the Commission’s rules
(47 CFR 1.815). That section requires
that ‘‘[e]ach common carrier licensee or
permittee with 16 or more full time
employees [ ] file with the Commission
. . . an annual employment report’’ on
FCC Form 395. Form 395 requires
carriers to check a box if EEO
complaints have been filed, and to
attach to Form 395 the same information
about the complaints that is required
under section 22.321(c). In comments
filed in response to the 2016 Biennial
Review Public Notice, Verizon asks the
Commission to repeal section 22.321(c),
arguing that other regulated entities
required to file Form 395 do not have
to file a separate ‘‘charge report’’ akin to
that required under section 22.321(c).
10. The Commission proposes to
eliminate section 22.321(c) from the
Commission’s rules. For all practical
purposes, this rule appears duplicative
of the requirement to complete FCC
Form 395 under section 1.815—a rule
that applies broadly to all common
carriers, including licensees subject to
Part 22 of the rules. The Commission
seeks comment on this proposal, and on
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whether there is any need to retain a
separate requirement related to
reporting of EEO complaints for Part 22
licensees in addition to what is already
required of common carriers on FCC
Form 395 pursuant to section 1.815.
D. Other Measures To Increase
Flexibility for Cellular Licensees
11. In addition to the proposed rule
eliminations discussed above, the
Commission invites comment more
broadly on other steps or measures it
could take to ensure that Cellular
licensees benefit from the same level of
flexibility available to other commercial
wireless licensees. Are there other rules
that commenters deem unnecessary that
apply to Part 22 licensees but not to the
flexibly licensed services under Part 24
or Part 27? Are there other Part 22 rules
ripe for removal in light of changed
technology, electronic licensing and
recordkeeping, or other modernizations
that have occurred over the past two
decades? The Commission invites
comment on anything else that could
aid its efforts to bring Cellular licensing
more in line with the flexible licensing
approach used for other CMRS.
E. Possible Relocation of Rules to Part
27
12. The Commission seeks comment
on whether its goal of providing, to the
extent possible, the same flexibility in
licensing across competing commercial
wireless bands would be furthered by
migrating the Part 22 Cellular Service
and Part 24 PCS rules to Part 27. The
Commission sought comment on this
issue in a Notice of Proposed
Rulemaking in WT Docket No. 12–40,
adopted and released on February 15,
2012 (FCC 12–20) (2012 NPRM). The
Commission now seeks to revisit the
issue and refresh the record on the
potential benefits and costs of such
relocation in light of the rule changes
made thus far in this proceeding.
13. In the 2012 NPRM, the
Commission’s proposal to bring the
Cellular licensing rules more in line
with the flexible rules that govern
competing wireless services entailed
issuing geographic-area (CMA-based)
‘‘overlay licenses’’ through competitive
bidding in two stages. In connection
with the overlay licensing proposal, the
Commission invited comment regarding
placement of the revised Cellular rules
that might ultimately be adopted.
Specifically, the Commission queried
whether, in the event that it were to
adopt a geographic-based regime that
would include overlay licenses, the new
Cellular rules should be incorporated
into Part 27, which contains the rules
for certain other flexibly licensed
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Frm 00020
Fmt 4702
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wireless services. The Commission also
suggested that, if those Cellular Service
rules were to be moved into Part 27,
then the rules for PCS, which is also a
flexibly licensed wireless service,
should be moved from Part 24 into Part
27. It asked as well whether the
Commission should initiate a separate
rulemaking to revise the Part 27 rules
and reserve the possible relocation of
Cellular and PCS rules to that separate
proceeding.
14. In response to the 2012 NPRM, the
Rural Wireless Association, Inc. (RWA)
objected to relocating any Part 22 rules
to Part 27 at that time; it also contended
that any consideration of relocating the
Part 24 PCS rules was beyond the scope
of that proceeding and should be
addressed, if at all, in a separate
rulemaking proceeding. No other
commenter addressed this issue in
response to the 2012 NPRM.
15. As noted in the 2014 Report and
Order, commenters generally opposed
the Commission’s overlay licensing
proposal. Based on the record, which
included a subsequent proposal by an
industry coalition to retain key elements
of the site-based Cellular licensing
model, the Commission adopted a
geographic-based transition approach
that preserves direct site-based access to
Unserved Area while dramatically
reducing licensees’ regulatory burdens.
In that context, and given the absence of
express support in the record, the
Commission decided not to relocate the
Part 22, Subpart H Cellular Service rules
to Part 27. Moreover, as the
Commission’s suggestion to relocate the
Part 24 PCS rules was contingent on
relocating the Part 22 Cellular rules, the
Commission declined to pursue
relocation of the PCS rules.
16. With adoption of revised and
modernized Cellular rules thus far in
WT Docket Nos. 12–40 and 10–112,
greatly enhancing licensees’ flexibility
within their licensed geographic
boundaries and eliminating numerous
regulatory restrictions, the Commission
believes it is timely to revisit the issue
of relocating the Cellular-specific rules
of Part 22, Subpart H, to Part 27. In
addition, the Commission considers it
timely to ask anew whether a new
rulemaking should be initiated to revise
the Part 27 rules and reserve the
possible relocation of Cellular rules to
that separate proceeding. The
Commission’s queries are explained
further below.
17. The rules in Part 22 applicable to
the Cellular Service include general
rules on definitions, licensing, and
technical matters that are applicable to
all Part 22 services (Subparts A, B, and
C), as well as the Cellular-specific rules
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in Subpart H. Some of the applicable
rules correspond to similar rules in Part
27, while others reflect unique
characteristics of Part 22 (including
Cellular) licensees and have no
corresponding rules in Part 27. For
example, the revised Cellular licensing
scheme is now largely geographically
based but nonetheless includes sitebased rules allowing carriers to continue
to expand into Unserved Area, which
exists primarily in rural areas in the
western United States and Alaska. The
particular rules governing the Cellular
Service, including the revised licensing
scheme addressed in Part 22’s Subpart
H, would need to be retained as separate
provisions if all the Part 22 rules were
migrated to Part 27. Would such
relocation promote similar regulatory
treatment for geographically licensed
services and improve clarity for
licensees? Or would such relocations—
e.g., moving the Cellular build-out
requirements into section 27.14, and the
Cellular radiated power rules (as revised
today) into section 27.50—result in less
clarity for licensees? Further, if those
Cellular Service rules are to be moved
into Part 27, should the Commission
also consider moving the rules for PCS
from Part 24 into Part 27?
18. Commenters should also address
whether the Commission should
reorganize Part 27 in order to
accommodate these additional Part 22
and Part 24 rules more efficiently. There
are other geographically-licensed,
auctioned services that are not included
in Part 27, including Public Coast (Part
80), Specialized Mobile Radio (SMR),
Location and Monitoring, and 220 MHz
(Part 90), and 218–219 MHz (Part 95). Of
these, only SMR is used today by
wireless carriers to provide services
directly to consumers nationwide.
Should the Commission move the Part
22 Cellular and Part 24 PCS rules to Part
27 in conjunction with moving those
other service rules to Part 27 as well?
19. The Commission seeks comment
on all aspects of these possible
approaches to relocation of the rules,
including the optimal timing for them,
and invites alternative ideas. It also
seeks comment on the potential
economic costs and benefits of the
various possible approaches to rule
placement.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
20. The Second FNPRM seeks
comment on potential revised
information collection requirements. If
the Commission adopts revised
information collection requirements, the
Commission will publish a notice in the
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13:41 Apr 13, 2017
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Federal Register inviting the public to
comment on the requirements, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13 (44
U.S.C. 3501–3520). In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission seeks specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
B. Initial Regulatory Flexibility Analysis
21. As required by the Regulatory
Flexibility Act of 1980 (RFA), the
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities of the policies
and rules proposed in the Second
FNPRM. The analysis is found in
Appendix E in the full text of the
Second FNPRM. The Commission
requests written public comment on the
analysis. Comments must be filed in
accordance with the same deadlines as
comments filed in response to the
Second FNPRM, and must have a
separate and distinct heading
designating them as responses to the
IRFA. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
this Second FNPRM, including the
IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration.
C. Ex Parte Presentations
22. Permit-But-Disclose. The
Commission will continue to treat this
proceeding as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making presentations must file a copy of
any written presentation or a
memorandum summarizing any oral
presentation 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
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17963
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 47 CFR
1.1206(b). In proceedings governed by
47 CFR 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
Commission’s Electronic Comment
Filing System (‘‘ECFS’’) 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.
23. Availability of Documents.
Comments, reply comments, and ex
parte submissions will be publically
available online via ECFS. Documents
will generally be available electronically
in ASCII, Microsoft Word, and/or Adobe
Acrobat. These documents will also be
available for public inspection during
regular business hours in the FCC
Reference Information Center, which is
located in Room CY–A257 at FCC
Headquarters, 445 12th Street SW.,
Washington, DC 20554. The Reference
Information Center is open to the public
Monday through Thursday from 8:00
a.m. to 4:30 p.m. and Friday from 8:00
a.m. to 11:30 a.m.
D. Statutory Authority
24. This Second FNPRM is adopted
pursuant to sections 1, 2, 4(i), 4(j), 7,
301, 303, 307, 308, 309, and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 157, 301, 303, 307, 308, 309, and
332.
List of Subjects in 47 CFR Part 22
Communications common carriers,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 22 as
follows:
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Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Proposed Rules
PART 22—PUBLIC MOBILE SERVICES
1. The authority citation for part 22
continues to read as follows:
■
Authority: 47 U.S.C. 154, 222, 303, 309 and
332.
§ 22.301
■
[Removed and Reserved].
2. Remove and reserve § 22.301.
§ 22.303
[Removed and Reserved].
3. Remove and reserve § 22.303.
4. Section 22.321 is amended by
removing paragraph (c), redesignating
paragraphs (d) through (f) as paragraphs
(c) through (e), and by revising the
subject headings of newly redesignated
paragraphs (c) through (e) to read as
follows:
■
■
§ 22.321
Equal Employment Opportunities
*
*
*
*
*
(c) Complaints of violations of Equal
Employment Programs. * * *
(d) FCC records. * * *
(e) Licensee records. * * *
§ 22.325
■
[Removed and Reserved].
5. Remove and reserve § 22.325.
[FR Doc. 2017–07549 Filed 4–13–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170316276–7276–01]
RIN 0648–XF300
Fisheries of the Northeastern United
States; Black Sea Bass Fishery; 2017
and Projected 2018 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes revised black
sea bass specifications for the 2017
fishing year and projected specifications
for 2018. In addition, this rule proposes
to remove an accountability measure
implemented at the start of the fishing
year designed to account for commercial
sector overages in 2015. Updated
scientific information regarding the
black sea bass stock indicates that
higher catch limits should be
implemented to obtain optimum yield,
and that the accountability measure is
no longer necessary or appropriate. This
action is intended to inform the public
of the proposed specifications for the
jstallworth on DSK7TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
13:41 Apr 13, 2017
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2017 fishing year and projected
specifications for 2018.
DATES: Comments must be received by
5 p.m. local time, on May 1, 2017.
ADDRESSES: An environmental
assessment (EA) was prepared for this
action and describes the proposed
measures and other considered
alternatives, and provides an analysis of
the impacts of the proposed measures
and alternatives. Copies of the
Specifications Document, including the
EA and the Regulatory Flexibility Act
Analysis, are available on request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
These documents are also accessible via
the Internet at https://www.mafmc.org.
You may submit comments on this
document, identified by NOAA–NMFS–
2017–0023, by either of the following
methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170023,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields,
3. Enter or attach your comments.
—OR—
Mail: Submit written comments to
John Bullard, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA,
01930. Mark the outside of the
envelope, ‘‘Comments on the Proposed
Rule for Revised Black Sea Bass
Specifications.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) and its implementing
regulations outline the Council’s
process for establishing specifications.
Specifications in these fisheries include
various catch and landing subdivisions,
such as the commercial and recreational
sector annual catch limits (ACLs),
annual catch targets (ACTs), and sectorspecific landing limits (i.e., the
commercial fishery quota and
recreational harvest limit). Annual
specifications may be proposed for
three-year periods, with the Council
reviewing the specifications each year to
ensure that previously established
multi-year specifications remain
appropriate. Following review, NMFS
publishes the final annual specifications
in the Federal Register. The FMP also
contains formulas to divide the
specification catch limits into
commercial and recreational fishery
allocations, state-by-state quotas, and
quota periods, depending on the species
in question. Rulemaking for measures
used to manage the recreational
fisheries (minimum fish sizes, open
seasons, and bag limits) for these three
species occurs separately, and typically
takes place in the spring of each year.
On December 28, 2015, NMFS
published a final rule implementing the
Council’s recommended specifications
for the black sea bass fishery (80 FR
80689). The Council intended to
reconsider the specifications set for
fishing year 2017 following completion
of the next black sea bass benchmark
assessment.
The assessment was completed in late
2016 and was peer reviewed by the
Stock Assessment Workshop/Stock
Assessment Review Committee (SAW/
SARC 62) in December 2016. The
benchmark assessment was effective in
determining stock status, biological
reference points and proxies, and in
projecting probable short-term trends.
The assessment successfully cleared the
SAW/SARC 62 peer review process,
addressing many of the significant
concerns raised during peer reviews of
earlier assessments. The assessment
indicates that the black sea bass stock
north of Cape Hatteras is not overfished
and overfishing is not occurring. The
spawning stock biomass in 2015 was
estimated to be 2.3 times higher than the
target and the fishing mortality rate (F)
was 25 percent below the FMSY proxy.
Table 1 outlines the updated biological
reference points and 2015 stock
information.
E:\FR\FM\14APP1.SGM
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Agencies
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Proposed Rules]
[Pages 17959-17964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07549]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 22
[WT Docket No. 12-40; FCC 17-27]
FCC Seeks Comment on Reform of Rules Governing the Cellular
Service and Other Public Mobile Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes and seeks comment on reforms of its rules
governing the 800 MHz Cellular (Cellular) Service and other Public
Mobile Services. Specifically, the Commission proposes to eliminate
four rules that impose requirements on licensees in these services
concerning station inspections, records retention and production,
operators at station control points, and the filing of certain
employment reports. The Commission believes that the existing
requirements may disadvantage the affected licensees, as compared to
licensees of other wireless spectrum bands, or may no longer be
necessary in today's digital age, or for which the benefits may no
longer outweigh the costs and burdens of compliance. The Commission
also
[[Page 17960]]
seeks comment on whether other measures could be taken to give Public
Mobile Services licensees more flexibility and administrative relief,
and on ways to consolidate and simplify its rules, not only for the
Cellular Service, but also other geographically licensed wireless
services. In this regard, the Commission considers a possible
relocation of rules governing certain flexibly licensed wireless
services.
DATES: Submit comments on or before May 15, 2017 and reply comments on
or before June 13, 2017.
ADDRESSES: Interested parties may submit comments, identified by WT
Docket No. 12-40, by any of the following methods:
Federal Communications Commission's Web site: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
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.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes and boxes
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, Express, and Priority mail must be
addressed to 445 12th Street SW., Washington DC 20554.
People with Disabilities: 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.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Nina Shafran, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-2781, TTY (202) 418-7233,
or nina.shafran@fcc.gov .
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Second Further Notice of Proposed Rulemaking (Second FNPRM) in WT
Docket No. 12-40, FCC 17-27, adopted March 23, 2017, and released March
24, 2017. The full text of the Second FNPRM, including Appendices, is
available for inspection and copying during normal business hours in
the FCC Reference Center, 445 12th Street SW., Room CY-A157,
Washington, DC 20554, or by downloading the text from the Commission's
Web site at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-27A1.pdf.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
email to FCC504@fcc.gov or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Comment Filing Instructions
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415 and 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. All filings related to the Second FNPRM should refer to WT
Docket No. 12-40. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Parties should only file
in WT Docket No. 12-40. 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 filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
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. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes 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, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington DC 20554.
People with Disabilities: 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 and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Synopsis
I. Introduction and Background
1. In this Second Further Notice of Proposed Rulemaking in WT
Docket No. 12-40 (Second FNPRM), the Commission proposes and seeks
comment on reforms of its rules governing the 800 MHz Cellular
(Cellular) Service and other public mobile services, as explained in
detail in the sections below. These reforms would build on those that
were adopted in the Report and Order in WT Docket No. 12-40, adopted
November 7, 2014 and released November 10, 2014 (FCC 14-181) (2014
Report and Order), and on the reforms adopted in the Second Report and
Order in WT Docket No. 12-40 and the companion Report and Order in WT
Docket No. 10-112, adopted on March 23, 2017 and released on March 24,
2017 (FCC 17-27). In making its proposals in this Second FNPRM, the
Commission draws in part on certain comments submitted in response to
the Further Notice of Proposed Rulemaking in WT Docket No. 12-40
(FNPRM), adopted November 7, 2014 and released November 10, 2014 (FCC
14-181), and on certain comments submitted in response to a public
notice inviting comment on the Commission's 2016 Biennial Review of
Telecommunications Regulations, WT Docket Nos. 16-138 et al., released
November 3, 2016 (FCC 16-149) (2016 Biennial Review Public Notice).\1\
---------------------------------------------------------------------------
\1\ Although the Commission here considers comments that were
submitted regarding the Part 22 rules in response to the 2016
Biennial Review Public Notice, such consideration does not otherwise
impact review of other comments filed in response to the 2016
Biennial Review Public Notice, including those submitted by
commenters regarding other rule provisions.
---------------------------------------------------------------------------
2. Specifically, commenters identify as ripe for elimination 47 CFR
22.301, 22.303, and 22.325, which provide for retention and inspection
of certain paper records at each station's control point, and on-duty
personnel at control points responsible for station operation. Verizon
also highlights 47 CFR 22.321(c), requiring the filing of annual Equal
Employment Opportunity (EEO) complaint reports with the Commission.
Each of these rules was adopted more than twenty years ago, when the
Commission revised Part 22 in its entirety with the goal of making the
rules better organized and easier to understand and use. As discussed
below, the Commission now proposes to eliminate these four rules and
invites comment on the effects of doing so, including the potential
impact of
[[Page 17961]]
repealing these rules not just for Cellular licensees, but for all Part
22 licensees--i.e., Paging, Air-Ground, Rural Radiotelephone, and
Offshore Radiotelephone licensees.
3. More generally, in this Second FNPRM, the Commission seeks
comment on any other measures that could help ensure flexibility and
consistency in licensing across wireless spectrum bands, while taking
into account the unique features of each service. In addition, the
Commission seeks comment on possibly relocating certain of its rules,
including the Part 22 Cellular Service and Part 24 broadband Personal
Communications Services (PCS) rules, to Part 27. In addition to
enhancing licensees' flexibility and promoting consistent treatment
across wireless spectrum bands, the Commission's goals include
eliminating unnecessary regulatory burdens on licensees, allowing them
to use their resources more efficiently to provide services to
consumers.
II. Proposed Rule Revisions and Other Possible Reforms
A. 47 CFR 22.301, 22.303--Station Inspection, Retention of Station
Authorizations
4. Section 22.301 of the Commission's rules, 47 CFR 22.301,
requires that, ``[u]pon reasonable request, the licensee of any station
authorized in the Public Mobile Services must make the station and
station records available for inspection by authorized representatives
of the Commission at any reasonable hour.'' Section 22.303 of the
Commission's rules (47 CFR 22.303) more broadly requires Part 22
licensees to retain, among other documentation, the authorization for
each station as a permanent part of station records. Specifically,
section 22.303 states that:
``The current authorization for each station, together with
current administrative and technical information concerning
modifications to facilities pursuant to Sec. 1.929 of this chapter,
and added facilities pursuant to Sec. 22.165 must be retained as a
permanent part of the station records. A clearly legible photocopy
of the authorization must be available at each regularly attended
control point of the station, or in lieu of this photocopy,
licensees may instead make available at each regularly attended
control point the address or location where the licensee's current
authorization and other records may be found.''
No similar rules exist for commercial licensees governed by Part 24
of the Commission's rules, nor for licensees governed by the Part 27
rules. In its comments in response to the FNPRM, Verizon argues that
Cellular licensees should not be required to retain and post
information about license authorizations, calling this requirement
``burdensome, outdated and unnecessary.'' Verizon notes that, because
the Commission does not send copies of licenses when minor
modifications are granted, licensees ``have to periodically take
inventory of their licenses and print copies of licenses once
applications are granted to ensure they have the current license in the
file.'' It argues that this administrative burden is unjustified given
that the Commission's Wireless Telecommunications Bureau now maintains
official authorizations in its Universal Licensing System (ULS). CTIA
echoes these concerns, and more broadly supports elimination of rules
that ``inhibit Cellular licensees from benefitting from the same level
of flexibility as is available in other CMRS spectrum bands.'' In
comments filed in response to the 2016 Biennial Review Public Notice,
CTIA and T-Mobile reiterate arguments for eliminating sections 22.301
and 22.303. CTIA again stresses that there is no justification for
asymmetry across different wireless services, particularly when
electronic licensing renders these requirements unnecessary.
5. Both sections 22.301 and 22.303, 47 CFR 22.301 and 22.303,
collectively require hard copies of license authorizations and other
records to be maintained for each station and made available for
inspection upon request. The Commission proposes to eliminate each of
these provisions in their entirety from the rules and seeks comment on
this proposal. As mentioned above, no similar rules exist for Part 24
or Part 27 licensees, and the Commission questions whether the benefit
of maintaining hard copies outweighs the costs and burdens to Part 22
licensees in the age of electronic licensing and recordkeeping. When
these rules were adopted in 1994, maintaining hard copies in files for
inspection at a station control point may have made sense. But today,
the justification for continuing to require this paperwork burden seems
to have significantly diminished if not disappeared entirely,
particularly given that license authorizations are maintained in ULS.
The Commission seeks comment on these assumptions. Is there any reason
that warrants licensees continuing to maintain hard copies of records
at each station's control point? Are there any other relevant records
that are maintained at a station's control point but are not readily
available electronically? In response to the 2016 Biennial Review
Public Notice, Public Knowledge has suggested that, even if sections
22.301 and 22.303 are eliminated, the Commission should nonetheless
affirmatively require Part 22 licensees ``to have electronic copies [of
licenses] easily accessible to personnel and FCC inspectors.'' The
Commission seeks comment on Public Knowledge's suggestion and whether
such a requirement would be necessary.
6. Section 22.301 requires that the station itself, not just the
station's records, be available for inspection by the Commission. There
is no corollary requirement in Parts 24 or 27. The Commission
emphasizes that, regardless of whether it retains a rule in Part 22
explicitly requiring licensees to make their stations available for
inspection, it retains general station inspection authority under
section 303(n) of the Communications Act of 1934, as amended.
Similarly, section 22.303 of the Commission's rules requires
``administrative and technical information concerning modifications to
facilities . . . and added facilities'' to be retained in the stations'
records. Is there a need to keep that portion of the rule? Or do
sections 1.929 and 22.165 of the Commission's rules (47 CFR 1.929 and
22.165)--which are cross-referenced in 47 CFR 22.303--render the
reference to such materials in 47 CFR 22.303 unnecessary and
duplicative? The Commission also seeks comment on whether this type of
administrative and technical information is maintained by stations
electronically.
B. 47 CFR 22.325, Control Points
7. Section 22.325 of the Commission's rules (47 CFR 22.325)
requires that ``[e]ach station in the Public Mobile Services [ ] have
at least one control point and a person on duty who is responsible for
station operation.'' It specifies that ``[t]his section does not
require that the person on duty be at the control point or continuously
monitor all transmissions of the station. However, the control point
must have facilities that enable the person on duty to turn off the
transmitters in the event of a malfunction.'' CTIA argues that the
requirement to designate a person who is responsible for the station
and who has the ability to shut down service at any time ``is unique to
Part 22 and should be removed as another example of unnecessary,
costly, and asymmetrical regulation.''
8. The Commission proposes to eliminate section 22.325 in its
entirety from the Commission's rules and invites comment on this
proposal. As with the rules discussed above, there is no similar rule
in Part 24 or Part 27 of the Commission's rules related to station
control points or requiring a person on
[[Page 17962]]
duty who is responsible for station operation. The Commission seeks
comment on the costs and burdens of having such an employee on duty. Do
automatic and remote monitoring render this rule unnecessary from a
technological standpoint? Section 22.325 requires each Part 22
licensee's station to have at least one control point. Is it necessary
to retain that part of the rule? Is the control point requirement
duplicative of other Part 22 rules, or unnecessary given the way
stations are operated and monitored today? The Commission seeks comment
on any information relevant to the proposed elimination of this
requirement from Part 22 of the rules.
C. Section 22.321(c), Equal Employment Opportunity Complaint Report
9. Section 22.321(c) of the Commission's rules (47 CFR 22.321(c))
requires all Part 22 licensees to submit an annual report to the
Commission indicating whether any Equal Employment Opportunity (EEO)
complaints have been filed at the federal, state, or local level
against the licensee. For any such complaint, the report must state the
parties involved, date of filing, court or agencies reviewing the
complaint, appropriate file number, and disposition of the complaint.
As with the other Part 22 rules discussed above in this Second FNPRM,
there is no similar requirement for Part 24 and Part 27 licensees.
However, all common carriers must comply with a similar requirement in
section 1.815 of the Commission's rules (47 CFR 1.815). That section
requires that ``[e]ach common carrier licensee or permittee with 16 or
more full time employees [ ] file with the Commission . . . an annual
employment report'' on FCC Form 395. Form 395 requires carriers to
check a box if EEO complaints have been filed, and to attach to Form
395 the same information about the complaints that is required under
section 22.321(c). In comments filed in response to the 2016 Biennial
Review Public Notice, Verizon asks the Commission to repeal section
22.321(c), arguing that other regulated entities required to file Form
395 do not have to file a separate ``charge report'' akin to that
required under section 22.321(c).
10. The Commission proposes to eliminate section 22.321(c) from the
Commission's rules. For all practical purposes, this rule appears
duplicative of the requirement to complete FCC Form 395 under section
1.815--a rule that applies broadly to all common carriers, including
licensees subject to Part 22 of the rules. The Commission seeks comment
on this proposal, and on whether there is any need to retain a separate
requirement related to reporting of EEO complaints for Part 22
licensees in addition to what is already required of common carriers on
FCC Form 395 pursuant to section 1.815.
D. Other Measures To Increase Flexibility for Cellular Licensees
11. In addition to the proposed rule eliminations discussed above,
the Commission invites comment more broadly on other steps or measures
it could take to ensure that Cellular licensees benefit from the same
level of flexibility available to other commercial wireless licensees.
Are there other rules that commenters deem unnecessary that apply to
Part 22 licensees but not to the flexibly licensed services under Part
24 or Part 27? Are there other Part 22 rules ripe for removal in light
of changed technology, electronic licensing and recordkeeping, or other
modernizations that have occurred over the past two decades? The
Commission invites comment on anything else that could aid its efforts
to bring Cellular licensing more in line with the flexible licensing
approach used for other CMRS.
E. Possible Relocation of Rules to Part 27
12. The Commission seeks comment on whether its goal of providing,
to the extent possible, the same flexibility in licensing across
competing commercial wireless bands would be furthered by migrating the
Part 22 Cellular Service and Part 24 PCS rules to Part 27. The
Commission sought comment on this issue in a Notice of Proposed
Rulemaking in WT Docket No. 12-40, adopted and released on February 15,
2012 (FCC 12-20) (2012 NPRM). The Commission now seeks to revisit the
issue and refresh the record on the potential benefits and costs of
such relocation in light of the rule changes made thus far in this
proceeding.
13. In the 2012 NPRM, the Commission's proposal to bring the
Cellular licensing rules more in line with the flexible rules that
govern competing wireless services entailed issuing geographic-area
(CMA-based) ``overlay licenses'' through competitive bidding in two
stages. In connection with the overlay licensing proposal, the
Commission invited comment regarding placement of the revised Cellular
rules that might ultimately be adopted. Specifically, the Commission
queried whether, in the event that it were to adopt a geographic-based
regime that would include overlay licenses, the new Cellular rules
should be incorporated into Part 27, which contains the rules for
certain other flexibly licensed wireless services. The Commission also
suggested that, if those Cellular Service rules were to be moved into
Part 27, then the rules for PCS, which is also a flexibly licensed
wireless service, should be moved from Part 24 into Part 27. It asked
as well whether the Commission should initiate a separate rulemaking to
revise the Part 27 rules and reserve the possible relocation of
Cellular and PCS rules to that separate proceeding.
14. In response to the 2012 NPRM, the Rural Wireless Association,
Inc. (RWA) objected to relocating any Part 22 rules to Part 27 at that
time; it also contended that any consideration of relocating the Part
24 PCS rules was beyond the scope of that proceeding and should be
addressed, if at all, in a separate rulemaking proceeding. No other
commenter addressed this issue in response to the 2012 NPRM.
15. As noted in the 2014 Report and Order, commenters generally
opposed the Commission's overlay licensing proposal. Based on the
record, which included a subsequent proposal by an industry coalition
to retain key elements of the site-based Cellular licensing model, the
Commission adopted a geographic-based transition approach that
preserves direct site-based access to Unserved Area while dramatically
reducing licensees' regulatory burdens. In that context, and given the
absence of express support in the record, the Commission decided not to
relocate the Part 22, Subpart H Cellular Service rules to Part 27.
Moreover, as the Commission's suggestion to relocate the Part 24 PCS
rules was contingent on relocating the Part 22 Cellular rules, the
Commission declined to pursue relocation of the PCS rules.
16. With adoption of revised and modernized Cellular rules thus far
in WT Docket Nos. 12-40 and 10-112, greatly enhancing licensees'
flexibility within their licensed geographic boundaries and eliminating
numerous regulatory restrictions, the Commission believes it is timely
to revisit the issue of relocating the Cellular-specific rules of Part
22, Subpart H, to Part 27. In addition, the Commission considers it
timely to ask anew whether a new rulemaking should be initiated to
revise the Part 27 rules and reserve the possible relocation of
Cellular rules to that separate proceeding. The Commission's queries
are explained further below.
17. The rules in Part 22 applicable to the Cellular Service include
general rules on definitions, licensing, and technical matters that are
applicable to all Part 22 services (Subparts A, B, and C), as well as
the Cellular-specific rules
[[Page 17963]]
in Subpart H. Some of the applicable rules correspond to similar rules
in Part 27, while others reflect unique characteristics of Part 22
(including Cellular) licensees and have no corresponding rules in Part
27. For example, the revised Cellular licensing scheme is now largely
geographically based but nonetheless includes site-based rules allowing
carriers to continue to expand into Unserved Area, which exists
primarily in rural areas in the western United States and Alaska. The
particular rules governing the Cellular Service, including the revised
licensing scheme addressed in Part 22's Subpart H, would need to be
retained as separate provisions if all the Part 22 rules were migrated
to Part 27. Would such relocation promote similar regulatory treatment
for geographically licensed services and improve clarity for licensees?
Or would such relocations--e.g., moving the Cellular build-out
requirements into section 27.14, and the Cellular radiated power rules
(as revised today) into section 27.50--result in less clarity for
licensees? Further, if those Cellular Service rules are to be moved
into Part 27, should the Commission also consider moving the rules for
PCS from Part 24 into Part 27?
18. Commenters should also address whether the Commission should
reorganize Part 27 in order to accommodate these additional Part 22 and
Part 24 rules more efficiently. There are other geographically-
licensed, auctioned services that are not included in Part 27,
including Public Coast (Part 80), Specialized Mobile Radio (SMR),
Location and Monitoring, and 220 MHz (Part 90), and 218-219 MHz (Part
95). Of these, only SMR is used today by wireless carriers to provide
services directly to consumers nationwide. Should the Commission move
the Part 22 Cellular and Part 24 PCS rules to Part 27 in conjunction
with moving those other service rules to Part 27 as well?
19. The Commission seeks comment on all aspects of these possible
approaches to relocation of the rules, including the optimal timing for
them, and invites alternative ideas. It also seeks comment on the
potential economic costs and benefits of the various possible
approaches to rule placement.
III. Procedural Matters
A. Paperwork Reduction Act Analysis
20. The Second FNPRM seeks comment on potential revised information
collection requirements. If the Commission adopts revised information
collection requirements, the Commission will publish a notice in the
Federal Register inviting the public to comment on the requirements, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3501-3520). In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the Commission seeks specific comment on how it might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
B. Initial Regulatory Flexibility Analysis
21. As required by the Regulatory Flexibility Act of 1980 (RFA),
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in the Second FNPRM. The analysis is
found in Appendix E in the full text of the Second FNPRM. The
Commission requests written public comment on the analysis. Comments
must be filed in accordance with the same deadlines as comments filed
in response to the Second FNPRM, and must have a separate and distinct
heading designating them as responses to the IRFA. The Commission's
Consumer and Governmental Affairs Bureau, Reference Information Center,
will send a copy of this Second FNPRM, including the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration.
C. Ex Parte Presentations
22. Permit-But-Disclose. The Commission will continue to treat this
proceeding as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules. Persons making presentations must file
a copy of any written presentation or a memorandum summarizing any oral
presentation 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 47 CFR 1.1206(b). In proceedings governed by
47 CFR 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 Commission's Electronic Comment Filing System
(``ECFS'') 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.
23. Availability of Documents. Comments, reply comments, and ex
parte submissions will be publically available online via ECFS.
Documents will generally be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat. These documents will also be
available for public inspection during regular business hours in the
FCC Reference Information Center, which is located in Room CY-A257 at
FCC Headquarters, 445 12th Street SW., Washington, DC 20554. The
Reference Information Center is open to the public Monday through
Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30
a.m.
D. Statutory Authority
24. This Second FNPRM is adopted pursuant to sections 1, 2, 4(i),
4(j), 7, 301, 303, 307, 308, 309, and 332 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 157, 301, 303,
307, 308, 309, and 332.
List of Subjects in 47 CFR Part 22
Communications common carriers, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 22 as follows:
[[Page 17964]]
PART 22--PUBLIC MOBILE SERVICES
0
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
Sec. 22.301 [Removed and Reserved].
0
2. Remove and reserve Sec. 22.301.
Sec. 22.303 [Removed and Reserved].
0
3. Remove and reserve Sec. 22.303.
0
4. Section 22.321 is amended by removing paragraph (c), redesignating
paragraphs (d) through (f) as paragraphs (c) through (e), and by
revising the subject headings of newly redesignated paragraphs (c)
through (e) to read as follows:
Sec. 22.321 Equal Employment Opportunities
* * * * *
(c) Complaints of violations of Equal Employment Programs. * * *
(d) FCC records. * * *
(e) Licensee records. * * *
Sec. 22.325 [Removed and Reserved].
0
5. Remove and reserve Sec. 22.325.
[FR Doc. 2017-07549 Filed 4-13-17; 8:45 am]
BILLING CODE 6712-01-P