Possible Revision or Elimination of Rules, 36848-36861 [2018-16282]
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daltland on DSKBBV9HB2PROD with PROPOSALS
36848
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
excavation areas, restoration included
backfilling with soil, grading the areas
to provide drainage away from the areas,
revegetation with native rye grass and
spreading of wood chips over the area
for erosion control. Pond restoration
consisted of backfilling a portion of the
ponds, covering the banks of the
excavation and surrounding disturbed
areas with straw matting for erosion
control, and seeding with native rye
grass. During the final site inspection
conducted in April 2017, it was
observed that the excavation areas are
now restored with native brush and
secondary growth forest.
Groundwater: No COCs were detected
at concentrations above the Amended
ROD clean up goals in either sample
MW–7DR or MW–7SR during 2016
quarterly groundwater sampling. The
detected concentrations of these
compounds are generally significantly
less than the concentrations previously
identified in groundwater samples
collected at the Site in May 2011 and
November 2012. Aluminum, beryllium,
chromium, and nickel were either
detected at estimated concentrations
that are below the applicable criteria, or
were not detected above laboratory
detections limits in both the filtered and
unfiltered samples.
Due to the low turbidity of the
samples, the concentrations reported for
both filtered and unfiltered samples
were very similar. In addition to the
reductions in the observed
concentrations of the COCs, the pH
values were also higher than historic
values. The pH was measured at 3.81 in
MW–7SR versus historic values ranging
from 2.31 to 3.55 in MW–7S. The pH of
the sample collected at MW–7DR was
6.47 versus historic values measured as
low as 3.21.
In addition, pH values measured in
the newly installed wells are similar to
other sites in the Castle Hayne area.
Based on the findings of the January
2016 sampling event, Apex conducted
three additional quarterly sampling
events in April, July, and October 2016
to obtain sufficient data for site closure.
During these quarterly sampling events,
since the January 2016 sampling results
demonstrated that hexavalent chromium
was not a COC, the samples were only
analyzed for total chromium.
The monitoring data demonstrates
that remedial action objectives and
cleanup levels specified in the 2007
ROD Amendment are achieved. There
are no additional monitoring or
Operations and Maintenance of the
remedy required.
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Five-Year Reviews
The purpose of a five-year review
(FYR) is to evaluate the implementation
and performance of a remedy to
determine if the remedy is and will
continue to be protective of human
health and the environment. In
addition, FYR reports identify issues
found during the review, if any, and
document recommendations to address
them. EPA completed two policy FYRs
for the site in September 2012 and
September 2017. The 2017 FYR
determined that the remedy was
protective of human health and the
environment, and there were no issues
or recommendations. The 2017 FYR
concluded that no further FYRs are
planned for the site because all
impacted media have reached
Unlimited Use/Unrestricted Exposure
(UU/UE) categorization.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: July 17, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018–16244 Filed 7–30–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Community Involvement
47 CFR Chapter I
EPA has communicated with the
public through Fact Sheets, meetings,
internet postings, newspaper ads, and
answering email and phone inquiries.
Current Site information can be found at
https://cumulis.epa.gov/supercpad/
cursites/csitinfo.cfm?id=0405590.
Public participation activities have
been satisfied as required in CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Documents in the deletion docket,
which the EPA relied on for
recommendation of the deletion from
the NPL, are available to the public in
the information repositories identified
above.
[CB Docket No. 18–31; DA 18–115]
Determination That the Site Meets the
Criteria for Deletion in the NCP
Region 4 has followed the procedures
required by 40 CFR 300.425(e) as
mentioned above and the implemented
remedy achieves the degree of cleanup
specified in the ROD for all pathways of
exposure. The information presented in
the Final Close-Out Report verifies that
the site has achieved the ROD
Amendment’s RAOs, and that all
cleanup actions specified in the ROD
Amendment were implemented. All
selected remedial action objectives and
associated cleanup levels are consistent
with agency policy and guidance. This
site meets all the site completion
requirements as specified in Office of
Solid Waste and Emergency Response
(OSWER) Directive 9320.22, Close-Out
Procedures for National Priorities List
Sites. No further Superfund response is
needed to protect human health and the
environment.
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Possible Revision or Elimination of
Rules
Federal Communications
Commission.
ACTION: Review of regulations;
comments requested.
AGENCY:
This document invites
members of the public to comment on
the 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 2015–
2016, 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 October 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Sharon K. Stewart, Women’s Outreach
Specialist, 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.
SUMMARY:
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
You may submit comments,
identified by CB Docket No. 18–31, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs//. Follow the
instructions for submitting comments.
• 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: 888–
835–5322.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
SUPPLEMENTARY INFORMATION: Each year
the Commission will publish a list of
ten-year old rules for review and
comment by interested parties pursuant
to the requirements of section 610 of the
RFA.
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ADDRESSES:
Synopsis
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 2005–2006 which
have, or might have, a significant
economic impact on a substantial
number of small entities. The purpose of
the review is to determine whether such
rules should be continued without
change, or should be amended or
rescinded, consistent with the stated
objective of section 610 of the RFA, to
minimize any significant economic
impact of such rules upon a substantial
number of small entities.
2. This document lists the FCC
regulations to be reviewed during the
next twelve months. In succeeding
years, as here, the Commission will
publish a list for the review of
regulations promulgated ten years
preceding the year of review.
3. In reviewing each rule in a manner
consistent with the requirements of
section 610, the FCC will consider the
following factors:
(a) The continued need for the rule;
(b) The nature of complaints or
comments from the public concerning
the rule;
(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.
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4. Appropriate information has been
provided in the Appendix for each rule,
as chosen for review by the FCC
according to the requirements of section
610, including a Brief Description of the
rule and the need for, and Legal Basis
of, the rule. The public is invited to
comment on these rules, and all relevant
and timely comments will be
considered by the FCC before final
action is taken in this proceeding.
5. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
D Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
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
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
D 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.
D Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
D 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 & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
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36849
6. The proceeding this Notice initiates
shall be treated as a ‘‘permit-butdisclose’’ 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
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.
7. For information on the
requirements of the RFA, the public
may contact Sharon K. Stewart,
Women’s Outreach Specialist, Office of
Communications Business
Opportunities, 202–418–0990 or visit
www.fcc.gov/ocbo.
Federal Communications Commission.
Sanford S. Williams,
Director, Office of Communications Business
Opportunities.
List of rules for review pursuant to the
Regulatory Flexibility Act of 1980, 5
U.S.C. Section 610, for the ten-year
1 47
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
period beginning in the year 2005 and
ending in the year 2006. 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
anticompetitive behavior.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 225, 303(r), 309 and 325(e).
Section Number and Titles:
1.767(a), (a)(5), (a)(7)–(11), (g)–(n)
Cable landing licenses.
1.768, (h)–(j) Notification by and prior
approval for submarine cable
landing licensees that are or
propose to become affiliated with a
foreign carrier.
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Subpart F—Wireless Radio Services
Applications and Proceedings
Brief Description: Part 1 states 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 recodifications of Part 22
rules (1.958 and 1.959) establish the
required distance and terrain elevation
calculation methods applicable to all
Wireless Radio Services (except Parts 21
and 101) (Parts 1, 20, 22, 24, 27, 80 87,
90, 95, and 97); implement the
Commission’s policies with regard to
the processing of applications
(1.913(a)(6) and 1.919(b)(5)) and the
protection of Federal Government
operations (1.924(e)); and revise the
procedures for the amateur service
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vanity call sign system (1.934(d)(5)).
The need for these rules is ongoing.
Legal Basis: 15 U.S.C 79 et seq.; 47
U.S.C. 151, 154, 154(i), 154(j), 155, 157,
225, 227, 303, 303(r), 307, 309 and 332.
Section Number and Titles:
1.913(a)(6) Application and
notification forms; electronic and
manual filing.
1.919(b)(5) Ownership Information.
1.924(e)(4) Quiet zones. (Revised 2015)
1.934(d)(5) Defective applications and
dismissal.
1.958 Distance computation. (Revised
2014)
1.959 Computation of average terrain
elevation.
Subpart G—Schedule of Statutory
Charges and Procedures for Payment
Brief Description: These rules specify
the schedule of annual regulatory fees
and filing locations for the designated
payors.
Need: Congress sets the amount the
Commission must collect each year in
the Commission’s fiscal year
appropriations. Section 9(a)(2) of the
Communications Act of 1934, as
amended (Communications Act or Act)
requires the Commission to collect fees
sufficient to offset the amount
appropriated.2 These rules specify the
fees for the Commission’s regulatees.
Legal Basis: 47 U.S.C. 159.
Section Number and Titles:
1.1102 Table amended—Schedule of
charges for applications and other
filings in the wireless
telecommunications services.
1.1107 Table corrected—Schedule of
charges for applications and other
filings for the international services.
1.1152 Table amended—Schedule of
annual regulatory fees and filing
locations for wireless radio services.
1.1153 Revised—Schedule of annual
regulatory fees and filing locations
for mass media services.
1.1154 Revised—Schedule of annual
regulatory charges for common
carrier services.
1.1155 Revised—Schedule of
regulatory fees for cable television
services.
1.1156 Revised—Schedule of
regulatory fees for international
services.
Subpart Q—Competitive Bidding
Proceedings
Brief Description: Part 1 states the
general rules of practice and procedure
before the Federal Communications
Commission. Subpart Q sets forth the
provisions implementing Section 309(j)
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U.S.C. 159(a)(2).
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of the Communications Act of 1934, as
amended, authorizing the Commission
to employ competitive bidding
procedures to resolve mutually
exclusive applications for certain initial
licenses.
Need: These rules are needed on an
ongoing basis to implement the
Commission’s competitive bidding
authority under Section 309(j) of the
Communications Act of 1934, as
amended, including the designated
entity and tribal land bidding credit
programs.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 157, 225, 303(r) and 309(j).
Section Number and Titles:
1.2104(j)(1)–(2) Competitive bidding
mechanisms. (Renumbered 2014)
1.2107(g) Submission of down
payment and filing of long-form
applications.
1.2111(b)(2)(ii) Assignment or transfer
of control: Unjust enrichment.
(Renumbered 2015)
1.2112(b)(1)(iii)–(iv) Ownership
disclosure requirements for
applications. (Revised 2016)
1.2114 Reporting of eligibility event.
(Revised 2015)
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 Number 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, (a)–(c) What applications can
I file electronically?
1.10008 What are IBFS file numbers?
1.10009 What are the steps for
electronic filing?
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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 J—Equipment Authorization
Procedures
Brief Description: An application for
certification of a software defined radio
must include the information required
by section 2.944.
Need: Section 2.1033 ensures that
applications for certification include
information sufficient to demonstrate
compliance with all pertinent
requirements. Paragraph (c)(18) requires
an application for certification of a
software defined radio to include an
exhibit that addresses the specific
requirements of Section 2.944, Software
defined radios. Pursuant to that section,
in order to assure that the device may
only operate within the radio
parameters for which it was approved,
manufacturers must take steps to ensure
that only software that has been
approved for use with the software
defined radio can be loaded into the
radio. This rule affects small entities
that are identified as manufacturers.
Legal Basis: 47 U.S.C. 154, 302a, 303,
and 336, unless otherwise noted.
Section Number and Title:
2.1033 Application for certification.
PART 15—RADIO FREQUENCY
DEVICES
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Subpart B—Unintentional Radiators
Brief Description: All TV broadcast
receivers shipped in interstate
commerce or imported into the United
States, for sale or resale to the public,
shall comply with the provisions of this
section, except that paragraphs (f) and
(g) of this section shall not apple to the
features of such sets that provide for
reception of digital television signals.
Need: This rule contains requirements
adopted pursuant to the All-Channel
Receiver Act, 47 U.S.C. 303(s), to ensure
that that TV receivers are capable of
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adequately receiving all channels
allocated for the TV broadcast service.
Legal Basis: 47 U.S.C. 154, 302a, 303,
304, 307, 336, 544a, and 549.
Section Number and Title:
15.117 TV broadcast receivers.
Subpart C—Intentional Radiators
Brief Description: Client devices that
operate in a master/client network may
be certified if they have the capability
of operating outside permissible part 15
frequency bands, provided they operate
on only permissible part 15 frequencies
under the control of the master device
with which they communicate.
Need: This rule benefits equipment
manufacturers by allowing the
certification of transmitters that can be
used in multiple countries, thus
reducing equipment costs, while
minimizing the likelihood that these
devices will operate outside permissible
frequency bands within the United
States and cause interference to
authorized services.
Legal Basis: 47 U.S.C. 154, 302a, 303,
304, 307, 336, 544a, and 549.
Section Number and Title:
15.202 Certified operating frequency
range.
Brief Description: Section 15.231(a)(5)
allows remote control devices to be
operated with transmission durations
greater than five seconds but less than
ten seconds during equipment setup.
Need: There is a need, in some cases,
to allow installers of complex security
systems to initiate transmissions for
greater than the five seconds duration
otherwise permitted under Section
15.231. To minimize the likelihood of
interference to authorized users of the
spectrum the rule limits setup
transmissions to no more than ten
seconds. This allows manufacturers
flexibility in the design of complex
security systems while limiting the
increase in interference potential of
those systems.
Legal Basis: 47 U.S.C. 154, 302a,
303(e), 303, 304, 307, 336, 544a, and
549.
Section Number and Title:
15.231 Periodic operation in the band
40.66–40.70 MHz and above 70
MHz.
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.
Need: These rules are needed on an
ongoing basis to implement the
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36851
Commission’s interconnection
regulations between local exchange
carriers and commercial mobile radio
service providers, including
compensation and arbitration
obligations.
Legal Basis: 47 U.S.C. 151, 152(a),
154(i), 157, 160, 201, 214, 222, 251(e),
301, 302, 303, 303(b), 303(r), 307(a),
309(j)(3), 316(a), 332, 610, 615, 615a,
615b and 615c.
Section Number and Titles:
20.11(d), (e) Interconnection to
facilities of local exchange carriers.
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 aidcompatible 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. In 2005, section
20.19 was amended by adding
subsection (b)(4), which directs states
that adopt and enforce the
Commission’s hearing aid compatibility
rules on delegated authority to refer to
the Commission’s Office of Engineering
and Technology any questions involving
factual determinations of whether
particular equipment complies with the
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, 302, 303,
308, 309(j), 310, and 610.
Section Number and Title:
20.19(b)(4) Hearing aid-compatible
mobile handsets; technical
standards.
PART 22—PUBLIC MOBILE SERVICES
Subpart E—Paging and
Radiotelephone Service
Brief Description: In 2006, this rule
added clarification on reimbursement
and relocation expenses when an
emerging technologies (ET) services
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
licensee relocates a paired Paging and
Radiotelephone Services (PARS) link
under certain conditions.
Need: As part of the effort to
transition microwave channels for use
by ET services, this provision promotes
the transition and accomplishes
regulatory parity with a similar
provision in Part 27. The need for this
rule is ongoing.
Legal Basis: 47 U.S.C. 154, 222, 303,
309 and 332.
Section Number and Title:
22.602(k) Transition of the 2110–2130
and 2160–2180 MHz channels to
emerging technologies;
Reimbursement and relocation
expenses in the 2110–2130 MHz
and 2160–2180 MHz bands.
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Subpart G—Air-Ground
Radiotelephone Service
Brief Description: These rules refined
the Commercial Aviation Air-Ground
Systems within the Air-Ground
Radiotelephone Service. Section 22.853
limits any Air-Ground Radiotelephone
Service licensee to the use of no more
than 3 MHz of spectrum in the service
bands. Section 22.877 defines
unacceptable interference to noncellular Part 90 licensees from this
service as equivalent to the definition in
Section 22.970 applicable to the Cellular
Radiotelephone Service. Section 22.878
outlines the obligations to abate
unacceptable interference from
commercial aviation ground stations,
divided into strict responsibility for
single licensees, and joint and several
responsibility for multiple licensees.
Section 22.879 outlines the interference
resolution procedures applicable to
licenses for commercial aviation ground
stations after a certain date, including
notification, interference analysis, and
mitigation. Section 22.880 enforces
information exchange between this
service and public safety/critical
infrastructure industry licensees,
requiring notification upon request of
activation or modification of a ground
station site. Section 22.881 defines the
service to be subject to competitive
bidding, according to the procedures set
forth in Part 1, Subpart Q of the same
Chapter. Finally, Section 22.882
establishes bidding credits for eligible
designated entities to reduce the cost of
winning bids for commercial AirGround Radiotelephone Service
licenses.
Need: In refining the statutory
requirements for the Commercial
Aviation Air-Ground Radiotelephone
Service, which remains in operation
today, these rules contain various
provisions that advance the interests of
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small businesses, including those
providing for access to the spectrum and
those imposing interference limitations,
abatement and resolution procedures,
including information exchange and
notification, to provide small business
licensees with further leverage to
receive protection from interference.
Finally, the rules establish bidding
credits for eligible designated entities to
encourage participation in the AirGround Radiotelephone Services for
small and very small businesses as
defined. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154, 222, 303,
309 and 332.
Section Number and Titles:
22.853 Eligibility to hold interest in
licenses limited to 3 MHz of
spectrum.
22.877 Unacceptable interference to
part 90 non-cellular 800 MHz
licensees from commercial aviation
air-ground systems.
22.878 Obligation to abate
unacceptable interference.
22.879 Interference resolution
procedures.
22.880 Information exchange.
22.881 Air-Ground Radiotelephone
Service subject to competitive
bidding.
22.882 Designated entities.
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 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 Number and Titles:
25.103 Definitions.
25.109(c) Cross reference.
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 Heading and (a) [formerly
partially in 25.136, 25.143(i), (j),
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(k)], (g), (h) Station licenses and
launch authority.
25.114 Applications for space station
authorizations.
25.115(a)(1), (2)(iii), (c)(1), (2), (e), (f)
[formerly primarily in 25.134]
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), (g)
Modification of station license.
25.118(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), (f) 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.
25.133(a), (b) Period of construction;
certification of commencement of
operation.
25.135(c), (d) Licensing provisions for
earth station networks in the nonvoice, non-geostationary MobileSatellite 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.
25.285 [formerly generally in 25.143(i),
(j), (k)] Operation of MSS and ATC
transmitters or transceivers on
board civil aircraft.
25.143(b)(1) Licensing provisions for
the 1.6/2.4 GHz mobile-satellite
service and 2 GHz mobile-satellite
service.
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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 (a)(1) note added 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.
25.151(c)(2), (d), (e) Public notice.
25.154(a)(3), (c), (d), (e) 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.
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Subpart C—Technical Standards
25.202(a)(1), (3), (4), (5), (6), (7), (8)
Frequencies, frequency tolerance,
and emission limits.
25.203(a), (b), (c), (d), (i) introductory
text, (k) Choice of sites and
frequencies.
25.204(a), (b), (h), (i) Power limits for
earth stations.
25.205 Minimum antenna elevation
angle.
25.208(a), (c), (d), (l), (m), (o), (p)–(v)
Power flux density limits.
25.209(f) Earth station antenna
performance standards.
25.210(c) [formerly in 25.215], (f), (j)
Technical requirements for space
stations.
25.211 heading, (d), (e) Analog video
transmissions in the Fixed-Satellite
Services.
25.212 heading, (c), (d), (e)
Narrowband analog transmissions,
digital transmissions and video
transmissions in the GSO FixedSatellite Service.
25.213(b) Inter-Service coordination
requirements for the 1.6/2.4 GHz
mobile-satellite service.
25.216 Limits on emissions from
mobile earth stations for protection
of aeronautical radionavigationsatellite service.
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25.217 Default service rules.
25.220 Non-routine transmit/receive
earth station operations.
25.221 Blanket licensing provisions for
earth stations on vessels (ESVs)
receiving in the 3700–4200 MHz
(Earth-to-space) frequency band and
transmitting in the 5925–6426 MHz
(space-to-Earth) frequency band,
operating with Geostationary
Satellites in the Fixed-Satellite
Service.
25.222 Blanket Licensing provisions
for Earth Stations on Vessels (ESVs)
receiving in the 10.95–11.2 GHz
(space-to-Earth), 11.45–11.7 GHz
(space-to-Earth), 11.7–12.2 GHz
(space-to-Earth) frequency bands
and transmitting in the 14.0–14.5
GHz (Earth-to-space) frequency
band, operating with Geostationary
Satellites in the Fixed-Satellite
Service.
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.
25.256 Special Requirements for
operations in the 3.65–3.7 GHz
band.
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 inline interference events for Non
Geostationary Satellite Orbit
(NGSO) Satellite Network
Operations in the Fixed-Satellite
Service (FSS) Bands.
Subpart D—Technical Operations
25.271(b), (c) introductory text, (c)(5),
(e), (f) Control of transmitting
stations.
25.274(e), (f) [redesignated as new (g)],
new (f) Procedures to be followed
in the event of harmful interference.
25.277(b), (c), (d), (f) Temporary fixed
earth station operations.
25.280 Inclined orbit operations.
25.282 Orbit raising maneuvers.
25.283 End-of-life disposal.
25.284 Emergency Call Center Service.
Subpart F—Competitive Bidding
Procedures for DARS
25.401 Satellite DARS applications
subject to competitive bidding.
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36853
25.404 Submission of down payment
and filing of long-form applications.
Subpart I—Equal Employment
Opportunities
25.601 Equal employment
opportunities.
Subpart J—Public Interest Obligations
25.701 Other DBS Public interest
obligations.
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICE
Subpart A—General Information
Brief Description: Part 27 contains
service and licensing rules for
Miscellaneous Wireless
Communications Services. Subpart A
contains general information.
Need: The revised rules specify that
the part 27 rules apply to the Broadband
Radio (BRS) and Educational Broadband
(EBS) service frequencies in the 2495–
2690 MHz. They also add a reference to
part 74, the rule part applicable to
experimental radio, auxiliary, special
broadcast and other program
distributional services, as also being
applicable to Wireless Communications
Service. 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 Number and Titles:
27.1(b)(9) Basis and purpose.
27.3(o) Other applicable rule parts.
Subpart C—Technical Standards
Brief Description: Part 27 contains
service and licensing rules for
Miscellaneous Wireless
Communications Services. Subpart C
contains technical standards applicable
to a number of services and frequency
bands.
Need: The additional rules add power
limits for particular types of services
that may be offered as BRS or EBS, as
well as the measurement procedures
and an alternative out of band emissions
limit for BRS. 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 Number and Titles:
27.50(h)(3), (4) Power limits and duty
cycle.
27.53(m)(6), (7) Emission limits.
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Subpart L—1695–1710 MHz, 1710–1755
MHz, 1755–1780 MHz, 2110–2155 MHz,
2155–2180 MHz, 2180–2200 MHz Bands
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Brief Description: Part 27 contains
service and licensing rules for
Miscellaneous Wireless
Communications Services. Subpart L
contains rules that are 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 the
relocation and cost sharing rules for
relocation of incumbent microwave
stations and BRS stations out of the
spectrum reallocated to create the AWS
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 Number and Titles:
Cost-Sharing Policies Governing
Microwave Relocation from the 2110–
2150 MHz and 2160–2200 MHz Bands
27.1160 Cost-sharing requirements for
AWS.
27.1162 Administration of the CostSharing Plan.
27.1164 The cost-sharing formula.
27.1166 Reimbursement under the
Cost-Sharing Plan.
27.1168 Triggering a reimbursement
obligation.
27.1170 Payment issues.
27.1172 Dispute resolution under the
Cost-Sharing Plan.
27.1174 Termination of cost-sharing
obligations.
Cost-Sharing Policies Governing
Broadband Radio Service Relocation
From the 2150–2160/62 MHz Band
27.1176 Cost-sharing requirements for
AWS in the 2150–2160/62 MHz
band.
27.1178 Administration of the CostSharing Plan.
27.1180 The cost-sharing formula.
27.1182 Reimbursement under the
Cost-Sharing Plan.
27.1184 Triggering a reimbursement
obligation.
27.1186 Payment issues.
27.1188 Dispute resolution under the
Cost-Sharing Plan.
27.1190 Termination of cost-sharing
obligations.
Subpart M—Broadband Radio Service
and Educational Broadband Service
Brief Description: Part 27 contains
service and licensing rules for
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Miscellaneous Wireless
Communications Services. Subpart M
contains specific rules applicable to the
Broadband Radio (BRS) and Educational
Broadband (EBS) services that operate
in the 2500–2690 MHz band.
Need: The rules specified in 47 CFR
27.1201–27.1221 provide grandfather
rights for certain commercial EBS
licenses and licensees holding channel
E and F licenses, and establish
maximum terms for leases of EBS
frequencies. The rules in 47 CFR
27.1250–27.1255 establish procedures
for relocating Broadband Radio Service
licensees from the 2150–2160/62 MHz
band to accommodate deployment of
Advanced Wireless Service. 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 Number and Titles:
27.1201(d) EBS eligibility.
27.1214(e) EBS spectrum leasing
arrangements and grandfathered
leases.
27.1216 Grandfathered E and F group
EBS licenses.
Technical Standards
27.1221(c), (d) and (e) Interference
protection.
Brief Description: Part 27 contains
service and licensing rules for
Miscellaneous Wireless
Communications Services. Subpart M
contains specific rules applicable to the
Broadband Radio (BRS) and Educational
Broadband (EBS) services that operate
in the 2500–2690 MHz band.
Need: The rules in 47 CFR 27.1230–
27.1239, including the specific
provisions below, establish procedures
governing the transition of the 2500–
2690 MHz band from use by the
Multipoint Distribution Service (MDS),
the Multichannel Multipoint
Distribution Service (MMDS) and the
Instructional Television Fixed Service
(ITFS) to use by the Broadband Radio
Service (BRS) and the Educational
Broadband Service (EBS). Since this
transition has been completed, these
rules are no longer needed.
Legal Basis: 47 U.S.C. 154, 301, 302,
303, 307, 309, 332, 336, 337, 1403, 1404
and 1451.
Section Number and Titles:
Policies Governing the Transition of
the 2500–2690 MHz Band BRS and EBS
27.1232(d)(3), (4) Planning the
transition.
27.1235(d) Post-transition notification.
27.1236 Self-transitions.
27.1237 Pro rata allocation of
transition costs.
27.1238 Eligible costs.
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27.1239 Reimbursement obligation.
Relocation Procedures for 2150–2160/
62 MHz
27.1250 Transition of the 2150–2160/
62 MHz band from the Broadband
Radio Service to the Advanced
Wireless Service.
27.1251 Mandatory negotiations.
27.1252 Involuntary relocation
procedures.
27.1253 Sunset provisions.
27.1254 Eligibility.
27.1255 Relocation criteria for
Broadband Radio Service licensees
in the 2150–2160/62 MHz band.
PART 43—REPORTS OF
COMMUNICATION COMMON
CARRIERS AND CERTAIN AFFILIATES
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 asneeded 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
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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 54—UNIVERSAL SERVICE
Subpart A—General Information
Brief Description: Part 54 rules
implement section 254 of the
Communications Act of 1934, as
amended, concerning the Federal
universal service program. This rule
adopts a new definition of ‘‘rural area’’
for the rural health care program.
Need: This rule establishes a
definition that accurately defines the
rural areas eligible for support under the
rural health care program.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, 214, 254, and 403.
Section Number and Title:
54.5 Terms and definitions (when
adopted; now 54.600(b)(1) Terms
and conditions).
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Subpart C—Carriers Eligible for
Universal Service Support
Brief Description: Subpart C sets forth
the eligibility requirements to receive
universal service support. These rules
address the requirements for a
telecommunications carrier to be
designated as an ‘‘eligible
telecommunications carrier,’’ and thus
eligible to receive federal universal
service support. Specifically, these rules
comprise additional mandatory
requirements for ETC designation
proceedings in which the Commission
acts pursuant to section 214(e)(6) of the
Communications Act of 1934, as
amended (the Act).3
Need: Application of these
requirements allows for a more
predictable ETC designation process
and improve the long-term
sustainability of the universal service
fund.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 201–205, 214, 219, 254
303(r) and 403, and 1302.
Section Number and Title:
54.202(a)(2) and (3), (c) and (d) (when
adopted; now 54.202(a)(2) and (3),
(b) and (c)) Additional
requirements for Commission
designation of eligible
telecommunications carriers.
Brief Description: These rules
originally require each ETC over which
3 47 U.S.C. 214(e)(6). Section 214(e)(6) of the Act
directs the Commission to designate carriers when
those carriers are not subject to the jurisdiction of
a state commission.
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the Commission has jurisdiction to
submit annually certain information
regarding its network and its use of
universal service funds. In their current
form, the rules apply to ETCs that are
recipients of high cost support.
Need: These rules ensure that ETCs
continue to comply with the conditions
of the ETC designation and that
universal service funds are used for
their intended purposes.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, 214, 254, and 403.
Section Number and Title:
54.209 (a)(1)–(6) Annual reporting
requirements for designated eligible
telecommunications carriers (when
adopted; now 54.313(a)(1)–(6);
Annual reporting requirements for
high cost recipients).
Subpart D—Universal Support for High
Cost Areas
Brief Description: Subpart D sets forth
the regulations to provide universal
service in high cost areas. These rules
provide that section 54.305—concerning
sales or transfers of exchanges—does
not apply to transfers of exchanges
between non-rural carriers after the
phase down of interim hold harmless
support, and that rural carriers may
receive safety-valve support for
investment made in the first year of
operating acquired exchanges.
Need: Section 54.305(a) establishes a
rule provision to reflect the fact that,
after the complete phasedown of interim
hold-harmless support, there is no need
for section 54.305 with regard to
transfers between non-rural carriers.
Sections 54.305(d)(1) and (2) provide
incentives for carriers not to delay first
year investment in order to provide
more safety valve support in later years.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 214, 218–220, 254 and 405.
Section Number and Title:
54.305(a), (d)(1) and (2) Sale or
transfer of exchanges.
Brief Description: These rules
condition newly designated ETCs’
eligibility for support upon the filing by
the ETC of line-count data within 60
days of the carrier’s ETC designation.
Thereafter, the rules require the filing of
data on a quarterly basis.
Need: These requirements enable
customers of newly designated ETCs to
begin to receive the benefits of universal
service support as of the ETC’s
designation date and ensure that ETCs
continue to comply with the conditions
of the ETC designation and that
universal service funds are used for
their intended purposes. This rule is
needed on an ongoing basis to provide
a deadline for a newly designated
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competitive eligible
telecommunications carrier to submit
data required to receive universal
service support. Other subsections of
Section 54.307 require such a carrier to
file the necessary data on a quarterly
basis thereafter.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 201–205, 214, 219, 220, 254,
303(r), 403, and 1302.
Section Number and Title:
54.307(d) Support to a competitive
eligible telecommunications carrier.
Subpart F—Universal Support for
Schools and Libraries
Brief Description: These rules
establish the matters to which
applicants to the Universal Service Erate program must certify in FCC Form
471 in order to have their applications
considered and the certifications that
service providers must make in FCC
form 473 as a condition of support.
Need: These rules create certainty as
to the criteria to which applicants must
certify when completing Form 471 and
serve to emphasize to potential service
providers that practices that thwart the
competitive bidding process will not be
tolerated.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, 214, 254, and 403.
Section Number and Title:
54.504(c)(1)(i)–(iii), (vi)–(xi) (now
54.504(a)(1)(i)–(ix); 54.504(h) (when
adopted; now 54.504(f)) Requests
for services.
Subpart G—Universal Support for
Health Care Providers
Brief Description: Subpart G sets forth
the regulations for eligible health care
providers to receive universal service
support. This rule allows mobile rural
health care providers to receive
discounts for satellite services
calculated by comparing the rate for the
satellite service to the rate for an urban
wireline serviced with a similar
bandwidth.
Need: This rule provides the support
necessary to make mobile telemedicine
economical for rural health care
providers to provide high-quality health
care to rural and remote areas. This rule
is needed on an ongoing basis to
calculate the support amount for mobile
rural health care providers under the
universal service support rules.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 201–205, 214, 219, 220, 254,
303(r), 403, and 1302.
Section Number and Title:
54.609(e) Calculating support.
Brief Description: This rule requires
providers of mobile health services to
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maintain records for their purchases of
supported services for at least five years
sufficient to document their compliance
with all Commission requirements.
Need: These rules further the
Commission’s efforts to improve its
oversight of the operation of the rural
health care program to ensure that the
statutory goals of section 254 of the
Telecommunications Act of 1996 are
met.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 201–205, 214, 254, and 403.
Section Number and Title:
54.619(a)(1) and (2) Audits and
recordkeeping.
Subpart H—Administration
Brief Description: Subpart H sets forth
the regulations, functions, and
responsibilities for the Administrator of
the universal support mechanisms.
These rules require interconnected
voice over internet Protocol (VoIP)
providers to contribute to the universal
service fund.
Need: These rules help ensure the
stability and sustainability of the
Universal Service Fund. This rule is
needed on an ongoing basis to
determine which entities are considered
telecommunications carriers providing
interstate telecommunications service
and therefore are required to contribute
to the universal service support
mechanisms.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 155, 201–205, 214, 219, 220, 254,
303(r), 403, and 1302.
Section Number and Title:
54.706(a)(18), (19) Contributions.
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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
Brief Description: The Part 63 rules
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
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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
resale telecommunications services.
Legal Basis: 47 U.S.C. 151, 154(i),
154(j), 160, 201–205, 214, 218, 403, and
571, unless otherwise noted.
Section Number and Title:
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
carriers 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), (q) Contents of
applications for international
common carriers.
63.19, (d) Special procedures for
discontinuances of international
services.
63.20(a) Electronic filing, copies
required; fees; and filing periods for
international service providers.
63.21(a), (h)–(j) 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, (e)(4), (f)(2)–(3), (h)
Assignments and transfers of
control.
63.25(b), (c) introductory text, (d)(2), (e)
Special provisions relating to
temporary or emergency service by
international carriers.
63.51, (c) Additional information.
63.53(a)(1)–(2), (b)–(c) Form.
63.60(d) (currently (g)) Definitions.
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63.701 introductory text, (j)
of application.
Contents
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
Subpart F—Telecommunications Relay
Services and Related Customer
Premises Equipment for Persons with
Disabilities
Brief Description: Part 64, Subpart F
implements section 225 of the
Communications Act of 1934, as
amended. Section 225 codifies Title IV
of the Americans with Disabilities Act
of 1990 (ADA) which requires that the
Commission ensure that
telecommunications relay services
(TRS) are available, ‘‘to the extent
possible and in the most efficient
manner,’’ to individuals with hearing or
speech disabilities in the United States.
Section 225 defines TRS as telephone
transmission services that provide the
ability for an individual who is deaf,
hard of hearing, deaf-blind, or who has
a speech disability to engage in
communication by wire or radio with
one or more individuals, in a manner
functionally equivalent to the ability of
a hearing individual who does not have
a speech disability to communicate
using voice communication services by
wire or radio. The rules provide
minimum functional, operational, and
technical standards for TRS programs.
The rules give states a significant role in
ensuring the availability of TRS by
treating carriers as compliant with their
statutory obligations if they operate in a
state that has a relay program certified
as compliant by the Commission. The
rules also establish a cost recovery and
a carrier contribution mechanism (TRS
Fund) for the provision of interstate TRS
and require states to establish cost
recovery mechanisms for the provision
of intrastate TRS. In 2005, the rules
were amended by adding subsection
(b)(2)(iii) to section 64.604, requiring
Video Relay Service (VRS) providers to
comply with speed of answer
requirements to be eligible for
compensation from the TRS Fund.
Section 64.604 also was amended by
adding subsection (c)(5)(iii)(F)(4) (which
has been redesignated as
64.604(c)(5)(iii)(F)(2)), requiring
internet-based TRS providers (e.g., VRS
and internet Protocol (IP) Relay
providers) to be certified by the
Commission pursuant to section 64.605
(which has been redesignated as 64.606)
to be eligible for compensation from the
TRS Fund.
Need: The rules are intended to
facilitate communication by persons
with hearing or speech disabilities by
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ensuring that interstate and intrastate
TRS are available throughout the
country, and by ensuring uniform
minimum functional, operational, and
technical standards for TRS programs.
The rules ensure that individuals with
hearing or speech disabilities receive
the same quality of service as hearing
individuals when they make TRS calls,
regardless of where their calls originate
or terminate.
Legal Basis: 47 U.S.C. 151, 152, and
225.
Section Number and Titles:
64.604(b)(2)(iii) Technical standards,
Speed of answer, Speed of answer
requirements for VRS providers.
64.604(c)(5)(iii)(F)(2) Functional
standards, Jurisdictional separation
of costs, Telecommunications Relay
Services Fund, Eligibility for
payment from the TRS Fund.
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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. In 2004, section 64.1200(a)(1)
was amended to add subsection (iv),
establishing a limited safe harbor period
from the prohibition on autodialed or
prerecorded or artificial voice calls to
wireless numbers when such calls are
made to numbers that have been ported
from wireline service to wireless service
within the previous 15 days and are
voice calls, provided the numbers are
not already on the national do-not-call
registry or the caller’s company-specific
do-not-call list.
Need: Section 64.1200(a)(1)(iv) strikes
an appropriate balance between
maximizing consumer privacy
protections and avoiding the imposition
of undue burdens on telemarketers and
other callers by providing a limited time
period necessary for persons, including
small businesses, to identify numbers
that have been ported from wireline to
wireless service and, therefore, allow
callers to comply with the TCPA.
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Legal Basis: 47 U.S.C. 151–154, 227,
and 303(r).
Section Number and Title:
64.1200(a)(1)(iv) Delivery restrictions.
Subpart X—Subscriber List
Information
36857
64.4005 Unreasonable terms or
conditions on the provision of
customer account information.
64.4006 Limitations on use of
customer account information.
Subpart DD—Prepaid Calling Card
Providers
Brief Description: These rules allow
carriers to redact portions of requested
contracts that are wholly unrelated to
the carrier’s provision of subscriber list
information and allow carriers to subject
their disclosure of subscriber list
information contracts to confidentiality
agreements that limit access to and use
of the information to the purpose of
determining the rates, terms and
conditions under which a carrier
provides subscriber list information to
its own directory publishing operations.
Need: These rules ensure that any
disclosure of subscriber list information
contracts will not unfairly disadvantage
carriers or their directory publishing
operations.
Legal Basis: 47 U.S.C. 154, 254(k);
secs. 403(b)(2)(B), (c), Public Law 104–
104, 110 Stat. 56. Interpret or apply 47
U.S.C. 201, 218, 222, 225, 226, 228, and
254(k).
Section Number and Title:
64.2341(d) and (e) Recordkeeping.
Brief Description: These rules
establish definitions for ‘‘prepaid calling
card’’ and ‘‘prepaid card providers’’ and
reporting and certification requirements
for prepaid calling card providers. The
rules include prepaid calling card
providers among the entities required to
contribute to the universal service fund,
and create an exemption for revenues
derived from prepaid calling cards sold
by, to, or pursuant to contract with the
Department of Defense or a DoD entity.
Need: These rules provide regulatory
certainty and ensure compliance with
the Commission’s access charge and
USF contribution requirements.
Legal Basis: 47 U.S.C. 154, 254(k);
secs. 403(b)(2)(B), (c), Public Law 104–
104, 110 Stat. 56. Interpret or apply 47
U.S.C. 201, 218, 222, 225, 226, 228, and
254(k).
Section Number and Titles:
64.5000 Definitions.
64.5001 Reporting and certification
requirements.
Subpart CC—Customer Account
Record Exchange Requirements
PART 73—RADIO BROADCAST
SERVICES
Brief Description: The rules in Part 64,
Subpart CC were issued pursuant to the
Communications Act of 1934, as
amended, to facilitate the exchange of
customer account information between
local exchange carriers (LECs) and
interexchange carriers (IXCs) and to
establish carriers’ responsibilities with
respect to such exchanges.
Need: The rules help to ensure that
consumers’ phone service bills are
accurate and that their carrier selection
requests are honored and executed
without undue delay. These
requirements also recognize a carrier’s
right to be compensated for the services
it provides by ensuring that providers of
long distance phone services receive
proper notification when customers are
placed on their networks.
Legal Basis: 47 U.S.C. 154, 201, 202,
222, and 258.
Section Number and Titles:
64.4000 Basis and purpose.
64.4001 Definitions.
64.4002 Notification obligations of
LECs.
64.4003 Notification obligations of
IXCs.
64.4004 Timeliness of required
notifications.
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Subpart E—Television Broadcast
Stations
Brief Description: This rule provides
guidance on how the Commission will
determine whether TV broadcast
stations are in compliance with the
Children’s Television Act. They were
adopted collectively by the Commission
to modernize its rules implementing the
Act in light of the Digital TV Transition
(Children’s Television Obligations of
Digital Television Broadcasters, Report
and Order and Further Notice of
Proposed Rulemaking, FCC 04–221).
Need: These rules are necessary
because they provide licensees of analog
and digital stations with explicit
guidance on meeting their obligations
under the Children’s Television Act.
Legal Basis: 47 U.S.C. 154, 303, 309,
310, 334, 336, and 339.
Section Number and Titles:
73.671(c)(7), (d), (e) (73.671(f)—
removed) Educational and
informational programming for
children.
Brief Description: This rule provides
an exception for satellite carriers from
certain verification requirements. It was
adopted by the Commission as part of
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implementing the Satellite Home
Viewer Extension and Reauthorization
Act of 2004 (Implementation of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004,
Implementation of Section 340 of the
Communications Act, Order, FCC 05–
81).
Need: This rule is necessary because
it provides regulatory relief for certain
satellite carriers.
Legal Basis: 47 U.S.C. 154, 303, 309,
310, 334, 336, and 339.
Section Number and Title:
73.683(f) Field strength contours and
presumptive determination of field
strength at individual locations.
Subpart F—International Broadcast
Stations
Brief Description: These rules provide
frequency assignments and technical
standards for certain international
broadcasting stations. They were
collectively adopted by the Commission
to implement decisions from the World
Radiocommunication Conference held
in 2003 (Amendment of Parts 2, 25, and
73 of the Commission’s Rules to
Implement Decisions from the World
Radiocommunication Conference
(Geneva, 2003) (WRC–03) Concerning
Frequency Bands Between 5900 khz and
27.5 ghz and to Otherwise Update The
Rules in this Frequency Range, Report
and Order, FCC 05–70).
Need: These rules are necessary for
the operation of international broadcast
stations and compliance with
international agreements.
Legal Basis: 47 U.S.C. 154, 303, 309,
310, 334, 336, and 339.
Section Number and Titles:
73.702(g), (h) Assignment and use of
frequencies. (73.702(g)—reserved,
not in use)
73.702(f), (g)–(k) redesignated as (i)–
(m); new (h) Assignment and use
of frequencies.
73.757 System specifications for
single-sideband (SSB) modulated
emissions in the HF broadcasting
service.
73.758 System specifications for
digitally modulated emissions in
the HF broadcasting service.
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Subpart J—Class A Television
Broadcast Stations
Brief Description: These rules provide
technical standards and interference
protection requirements for Class A TV
stations. They were collectively adopted
when the Commission established
digital LPTV and digital translator
stations as part of the Digital TV
Transition (Amendment of Part 73 and
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Part 74 of the Commission’s Rules to
Establish Rules for Digital Low Power
Television, Television Translator, and
Television Booster Stations to Amend
Rules for Digital Class A Television
Stations, Report and Order, FCC 04–
220).
Need: These rules are necessary to
maintain localism and implement other
Class A TV station rules.
Legal Basis: 47 U.S.C. 154, 303, 309,
310, 334, 336, and 339.
Section Number and Titles:
73.6000(2) Definitions.
73.6024(d) Transmission standards
and system requirements.
73.6027 Class A TV notifications
concerning interference to radio
astronomy, research and receiving
installations.
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
Subpart G—Low Power TV, TV
Translator, and TV Booster Stations
Brief Description: These rules provide
legal requirements and technical
standards for digital low power TV
(LPTV) stations, digital translator TV
stations, and digital Class A TV stations.
They were collectively adopted when
the Commission established digital
LPTV and digital translator stations as
part of the Digital TV Transition
(Amendment of Part 73 and Part 74 of
the Commission’s Rules to Establish
Rules for Digital Low Power Television,
Television Translator, and Television
Booster Stations to Amend Rules for
Digital Class A Television Stations,
Report and Order, FCC 04–220).
Need: These rules are necessary for
the licensing and operation of digital
LPTV and digital translator stations, to
protect the integrity of these stations,
and to ensure that these stations do not
cause harmful interference to other
authorized services.
Legal Basis: 47 U.S.C. 154, 302a, 303,
307, 336 and 554.
Section Number and Titles:
74.701(j)–(p) Definitions.
74.703(f), (g) Interference.
74.710 Digital low power TV and TV
translator station protection.
74.786 Digital channel assignments.
74.787 Digital licensing.
74.788 Digital construction period.
74.789 Broadcast regulations
applicable to digital low power
television and television translator
stations.
74.790 Permissible service of digital
TV translator and LPTV stations.
74.791 Digital call signs.
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74.792 Digital low power TV and TV
translator station protected contour.
74.793 Digital low power TV and TV
translator station protection of
broadcast stations.
74.794 Digital emissions.
74.795 Digital low power TV and TV
translator transmission system
facilities.
74.796 Modification of digital
transmission systems and analog
transmission systems for digital
operation.
PART 76—MULTICHANNEL VIDEO
AND CABLE TELEVISION SERVICE
Subpart D—Carriage of Television
Broadcast Signals
Brief Description: These rules address
obligations of and restrictions on
satellite carriers retransmitting certain
television broadcast signals, and
provide guidance for television
broadcast stations choosing between
retransmission consent and mandatory
carriage of significantly viewed signals.
They were collectively adopted by the
Commission as part of implementing the
Satellite Home Viewer Extension and
Reauthorization Act of 2004
(Implementation of the Satellite Home
Viewer Extension and Reauthorization
Act of 2004, Implementation of Section
340 of the Communications Act, Order,
FCC 05–81; Report and Order, FCC 05–
187).
Need: These rules are necessary for
carrying out the Congressional mandate
of the Satellite Home Viewer Extension
and Reauthorization Act of 2004.
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,
573.
Section Number and Titles:
76.5(gg) Definitions.
76.54(e)–(k) Significantly viewed
signals; method to be followed for
special showings.
76.66(d)(5) Satellite broadcast signal
carriage.
76.66(d)(2)(iii) Satellite broadcast
signal carriage.
Subpart G—Cablecasting
Brief Description: These rules
modernize rules concerning children’s
programming to include restrictions on
displaying internet website addresses.
They were adopted collectively by the
Commission to modernize its rules
implementing the Act in light of the
Digital TV Transition (Children’s
Television Obligations of Digital
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Television Broadcasters, Report and
Order and Further Notice of Proposed
Rulemaking, FCC 04–221).
Need: These rules are necessary to
ensure that the Commission’s rules
continue to respond the Congressional
mandate in the Children’s Television
Act by protecting children from
advertising directing them to internet
sites.
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,
573.
Section Number and Title:
76.225(c)–(d) Commercial limits in
children’s programs.
PART 80—STATIONS IN THE
MARITIME SERVICES
Subpart H—Frequencies
Brief Description: The Part 80 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for stations in the
maritime services. Subpart H describes
the carrier frequencies and general uses
of radiotelegraphy for distress, urgency,
safety, call and reply, digital selective
calling, narrow-band direct printing,
and facsimile for stations within the
maritime services.
Need: This rule designates VHF
maritime Channels 87B (161.975 MHz)
and 88B (162.025 MHz) for Automatic
Identification Systems (AIS). The
designation of Channels 87B and 88B
for AIS in the United States is consistent
with the establishment of a seamless
global AIS framework, and facilitates
the broad, efficient and effective
implementation of AIS in U.S. territorial
waters. The intended effect is to
maximize the benefits of AIS for United
States homeland security and maritime
safety. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154, 303, 307,
309 and 332.
Section Number and Title:
80.393 Frequencies for AIS stations.
(Revised 2009)
PART 87—AVIATION SERVICES
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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 D rules
provide the technical requirements for
such radio stations.
Need: The technical requirements are
needed on an ongoing basis to protect
the safety of life and property in air
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navigation and must be periodically
updated to reflect technological
advancements in the aviation industry
and maximize spectral efficiency while
important safeguards against
interference.
Legal Basis: 7 U.S.C. 154, 303 and
307(e), unless otherwise noted.
Section Number and Titles:
87.139(l) Emission limitations.
87.141(k) Modulation requirements.
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 authorizes Universal
Access Transceiver data transmission on
978 MHz. The need for this rule is
ongoing.
Legal Basis: 47 U.S.C. 154, 303 and
307(e).
Section Number and Title:
87.187(ff)
Brief Description: Part 87 contains the
Commission rules governing aviation
services. Subpart L sets forth the rules
governing aeronautical utility mobile
stations.
Need: Rules 87.345(f) and 87.349(e)
authorize transmissions for Universal
Access Transceiver service. The need
for these rules is ongoing.
Legal Basis: 47 U.S.C. 154, 303 and
307(e), unless otherwise noted.
Section Number and Titles:
87.345(f) Scope of service.
87.349(e) Frequencies.
Subpart Q—Stations in the
Radiodetermination Service
Brief Description: Part 87 contains the
Commission rules governing aviation
services. Subpart Q sets forth the rules
governing station in the
Radiodetermination Service.
Need: This rule assigns the
frequencies for airborne electronic aids
to air navigations and associated land
stations. The need for this rule is
ongoing.
Legal Basis: 47 U.S.C. 154, 303 and
307(e).
Section Number and Title:
87.475(b)(9)
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PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
Subpart C—Industrial/Business Radio
Pool
Brief Description: Section 90.35(c)(90)
set dates for FCC cessation of certain
licenses in specific bands.
Need: This rule provision was enacted
to transition Private Land Mobile Radio
Services below 800 MHz to reflect
changes in the international allocations,
including consolidation of the services
that distribute assignments between
low-use and high-use groups more
evenly, facilitates advanced
technologies, and provides more
efficiency and flexibility in spectrum
use. The need for this rule is ongoing,
insofar as it is a limitation on the 2000–
25,000 kHz band in the I/B Frequency
Pool in 90.35(b)(3).
Legal Basis: 47 U.S.C. 154, 302, 303
and 332.
Section Number and Title:
90.35
Industrial/Business Pool.
Frequencies.
Subpart L—Aeronautical Utility Mobile
Stations
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Subpart H—Policies Governing the
Assignment of Frequencies
Brief Description: The addition of
Section 90.175 clarified frequency
coordinator requirements for
applications for a new frequency
assignment, a change in existing
facilities, or operation at temporary
locations, while excluding a certain
number of categories from the
requirements. In general, the rule
requires applicants to provide all
appropriate technical information,
system requirements, and justification
for requested station parameters, and
clarifies that applicants bear the burden
of proceeding and the burden of proof
when requesting that the Commission
overturn a coordinator’s
recommendation.
Need: This rule provision retained the
frequency coordination requirement for
incumbent licensees operating on 800
MHz General Category frequencies, and
for site-based 800 MHz General Category
applications filed after 800 MHz
rebanding. The rule is part of a
streamlining and harmonization of
licensing provisions in the wireless
radio services (WRS). The need for this
rule is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.175 Frequency coordinator
requirements.
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Subpart I—General Technical
Standards
Brief Description: Part 90 contains
service and licensing rules used in the
Private Land Mobile Radio Services.
Subpart I sets forth the general technical
requirements for use of frequencies and
equipment in the radio services
governed by Part 90.
Need: The revised rules establish the
general technical rules for Part 90
licensees. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7).
Section Number and Titles:
90.203(o) Certification required.
90.210(m) Emission masks.
90.217(e) Exemption from technical
standards.
Subpart K—Standards for Special
Frequencies or Frequency Bands
Brief Description: Section 90.265
made additional frequencies available to
a combination of Public Safety Pool and
Industrial/Business Pool licenses in the
bands allocated for Federal use,
including forest firefighting and
conservation activities, Medical
Radiocommunication Systems, and
other public safety activities. It also
added interference complaint
procedures involving the Hydro
Committee referenced in the rule part
concerning hydrological or
meteorological data.
Need: The rule additions generally
expanded the availability of frequencies
while clarifying the interference
complaint procedures to protect them.
The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
Section Number and Title:
90.265(a)(5–9), (c), (d), (e) Assignment
and use of frequencies in the bands
allocated for Federal use.
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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
radiocommunications 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 requires Economic
Areas (EA) licensees operating on
certain channels to construct an
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16:40 Jul 30, 2018
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Enhanced Specialized Mobile Radio
(ESMR) system by the license expiration
date to promote efficient use of
spectrum. This is an ongoing need.
Legal Basis: 47 U.S.C. 154(i), 161,
303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.685(e) Authorization, construction
and implementation of EA licenses.
Subpart Z—Wireless Broadband
Services in the 3650–3700 MHz Band
Brief Description: Part 90 contains
service and licensing rules used in the
Public Safety, Industrial/Business Radio
Pool, and Radiolocation Radio Services.
Subpart Z contains rules that govern
broadband operations in the 3650–3700
MHz.
Need: The revised rules establish the
service and licensing rules for
broadband operations in the 3650–3700
MHz band. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 310.
Section Number and Titles:
90.1301 Scope.
90.1303 Eligibility.
90.1305 Permissible operations.
90.1307 Licensing.
90.1309 Regulatory status.
90.1311 License term.
90.1312 Assignment and transfer.
90.1319 Policies governing the use of
the 3650–3700 MHz band.
90.1321 Power and antenna limits.
90.1323 Emission limits.
90.1331 Restrictions on the operation
of base and fixed stations.
90.1333 Restrictions on the operation
of mobile and portable stations.
90.1335 RF safety.
90.1337 Operation near Canadian and
Mexican borders.
PART 97—AMATEUR RADIO SERVICE
Subpart B—Station Operations
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: 97.111(a)(2) is needed on an
ongoing basis to ensure that reliable
communications are available during
emergencies. 97.115(c) is needed to
permit transmission of data on behalf of
a third party.
Legal Basis: 47 U.S.C. 154, 303. 47
U.S.C. 151–155 and 301–609.
Section Number and Titles:
97.111(a)(2) Authorized transmissions.
97.115(c) Third party
communications.
PO 00000
Frm 00069
Fmt 4702
Sfmt 4702
Subpart D—Technical Standards
Brief Description: The Part 97 rules
set forth the conditions under which
portions of the radio spectrum are made
available and licensed for amateur radio
service. Subpart D outlines technical
standards for the frequency bands
available to amateur stations.
Need: 97.303(t) is a restatement of old
97.303(p) to clarify that amateur
operations must protect Federal and
foreign operations in the 23 mm band.
The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.303(t) Frequency sharing
requirements. (Revised 2010)
PART 101—FIXED MICROWAVE
SERVICES
Subpart B—Applications and Licenses
Brief Description: Part 101 prescribes
the manner in which portions of the
radio spectrum may be made available
for private operational, common carrier,
24 GHz Service, Local Multipoint
Distribution Service, and fixed,
microwave operations that require
transmitting facilities on land or in
specified offshore coastal areas within
the continental shelf. Subpart B governs
application, licensing and transition of
microwave licenses under Part 101.
Need: The revised rules are related to
requirements for constructing or
relocating certain microwave stations
(except Multichannel Video Distribution
and Data Service, Local Multipoint
Distribution Service, and the 24 GHz
Service) under Part 101. Section
101.63(g) provides a streamlined
process for MVPDs converting from
analog to digital modulation to
minimize duplicative costs associated
with the coordination and licensing
process, which is an ongoing
requirement. Though section 101.69(g)
is no longer needed for relocating the
1850–1990 and 2110–2150 bands, it
governs the relocation of fixed
microwave services in the 2160–2200
MHz band, which is an ongoing
requirement for AWS–3 and AWS–4
licensees. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Titles:
101.63(g) Period of construction;
certification of completion of
construction.
101.69(g) Transition of the 1850–1990
MHz, 2110–2150 MHz and 2160–
2200 MHz band from the fixed
microwave services to personal
communications services and
emerging technologies.
E:\FR\FM\31JYP1.SGM
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules
Subpart C—Technical Standards
Brief Description: Part 101 prescribes
the manner in which portions of the
radio spectrum may be made available
for private operational, common carrier,
24 GHz Service, Local Multipoint
Distribution Service, and 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 and licenses in the Fixed
Microwave Services.
Need: The revised rules provide the
interference protection criteria for fixed
stations subject to part 101 and requires
that transmitters used in the private
operational fixed and common carrier
fixed point-to-point microwave and
point-to-multipoint services under this
part must be a type that has been
verified for compliance. The need for
these rules is ongoing.
Legal Basis: 47 U.S.C. 154, and 303.
Section Number and Titles:
101.105(a)(5) and (6) Interference
protection criteria.
101.139(h) and (i) Authorization of
transmitters.
[FR Doc. 2018–16282 Filed 7–30–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket ID: PHMSA–2017–0151]
RIN 2137–AF29
Pipeline Safety: Class Location
Change Requirements
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Advance notice of proposed
rulemaking (ANPRM).
AGENCY:
PHMSA is seeking public
comment on its existing class location
requirements for natural gas
transmission pipelines as they pertain to
actions operators are required to take
following class location changes due to
population growth near the pipeline.
Operators have suggested that
performing integrity management
measures on pipelines where class
locations have changed due to
population increases would be an
equally safe but less costly alternative to
the current requirements of either
reducing pressure, pressure testing, or
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SUMMARY:
VerDate Sep<11>2014
16:40 Jul 30, 2018
Jkt 244001
replacing pipe. This request for public
comment continues a line of discussion
from a Notice of Inquiry published in
2013 and a report to Congress in 2016
regarding whether expanding integrity
management requirements would
mitigate the need for class location
requirements.
DATES: Persons interested in submitting
written comments on this ANPRM must
do so by October 1, 2018.
ADDRESSES: You may submit comments
identified by the Docket: PHMSA–2017–
0151 by any of the following methods:
E-Gov website: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency. Follow the online instructions
for submitting comments.
Fax: 1–202–493–2251.
Mail: Hand Delivery: U.S. DOT Docket
Management System, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 between 9:00 a.m. and 5:00
p.m., Monday through Friday, except
Federal holidays.
Instructions: Identify the Docket ID at
the beginning of your comments. If you
submit your comments by mail, submit
two copies. If you wish to receive
confirmation that PHMSA has received
your comments, include a selfaddressed stamped postcard. Internet
users may submit comments at https://
www.regulations.gov/.
Note: Comments are posted without
changes or edits to https://
www.regulations.gov, including any
personal information provided. There is
a privacy statement published on
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney,
Project Manager, by telephone at 713–
272–2855 or by email at steve.nanney@
dot.gov.
General information: Robert Jagger,
Technical Writer, by telephone at 202–
366–4361 or by email at robert.jagger@
dot.gov.
SUPPLEMENTARY INFORMATION:
Outline of This Document
I. Class Location History and Purpose
A. Class Location Determinations
B. Class Location—‘‘Cluster Rule’’
Adjustments
II. Changes in Class Location Due to
Population Growth
III. Class Location Change Special Permits
A. Special Permit Conditions
IV. Pipeline Safety, Regulatory Certainty, and
Job Creation Act of 2011—Section 5
A. 2013 Notice of Inquiry: Class Location
Requirements
B. 2014 Pipeline Advisory Committee
Meeting, Class Location Workshop, and
Subsequent Comments
PO 00000
Frm 00070
Fmt 4702
Sfmt 4702
36861
C. 2016 Class Location Report
V. INGAA Submission on Regulatory
Reform—Proposal To Perform IM
Measures In-Lieu of Pipe Replacement
When Class Locations Change
VI. Questions for Consideration
VII. Regulatory Notices
Background
I. Class Location History and Purpose
The class location concept pre-dates
Federal regulation of gas transmission
pipelines 1 and was an early method of
differentiating areas and risks along
natural gas pipelines based on the
potential consequences of a
hypothetical pipeline failure. Class
location designations were previously
included in the American Standards
Association B31.8–1968 version of the
‘‘Gas Transmission and Distribution
Pipeline Systems’’ standard, which
eventually became the American
Society of Mechanical Engineers
(ASME) International Standard, ASME
B31.8 ‘‘Gas Transmission and
Distribution Pipeline Systems.’’ The
class location definitions incorporated
into title 49, Code of Federal
Regulations (CFR) § 192.5 were initially
derived from the designations in this
standard and were first codified on
April 19, 1970.2 These definitions were
like the original ASME B31.8 definitions
for Class 1 through 3 locations but
added an additional Class 4 definition
and, with some modifications, still
apply today.
Gas transmission pipelines are
divided into classes from 1 (rural areas)
to 4 (densely populated, high-rise areas)
that are based on the number of
buildings or dwellings for human
occupancy in the area. This concept is
to provide safety to people from the
effects of a high-pressure natural gas
pipeline leak or rupture that could
explode or catch on fire. PHMSA uses
class locations in 49 CFR part 192 to
implement a graded approach in many
areas that provides more conservative
safety margins and more stringent safety
standards commensurate with the
potential consequences based on
population density near the pipeline.
When crafting the natural gas
1 The Department of Transportation first proposed
class location regulations on March 24, 1970 (35 FR
5012). The proposal was part of a series of NPRMs
published in response to the Natural Gas Pipeline
Safety Act of 1968 (Pub. L. 90–481). The NPRMs
were directed at developing a comprehensive
system of Federal safety standards for gas pipeline
facilities and for the transportation of gas through
such pipelines. The class location rulemaking was
finalized on August 19, 1970, as part of a
consolidated rulemaking establishing the first
minimum Federal safety standards for the
transportation of natural gas by pipelines (35 FR
13248).
2 35 FR 13248.
E:\FR\FM\31JYP1.SGM
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Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36848-36861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16282]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[CB Docket No. 18-31; DA 18-115]
Possible Revision or Elimination of Rules
AGENCY: Federal Communications Commission.
ACTION: Review of regulations; comments requested.
-----------------------------------------------------------------------
SUMMARY: This document invites members of the public to comment on the
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 2015-2016, 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 October 29, 2018.
FOR FURTHER INFORMATION CONTACT: Sharon K. Stewart, Women's Outreach
Specialist, 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: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.
[[Page 36849]]
ADDRESSES: You may submit comments, identified by CB Docket No. 18-31,
by any of the following methods:
Federal Communications Commission's Website: https://apps.fcc.gov/ecfs//. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
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.
Synopsis
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 2005-2006 which have, or might have, a
significant economic impact on a substantial number of small entities.
The purpose of the review is to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objective of section 610 of the RFA, to minimize any
significant economic impact of such rules upon a substantial number of
small entities.
2. This document lists the FCC regulations to be reviewed during
the next twelve months. In succeeding years, as here, the Commission
will publish a list for the review of regulations promulgated ten years
preceding the year of review.
3. In reviewing each rule in a manner consistent with the
requirements of section 610, the FCC will consider the following
factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments from the public concerning
the rule;
(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 in the Appendix for
each rule, as chosen for review by the FCC according to the
requirements of section 610, including a Brief Description of the rule
and the need for, and Legal Basis of, the rule. The public is invited
to comment on these rules, and all relevant and timely comments will be
considered by the FCC before final action is taken in this proceeding.
5. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking 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 filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[ssquf] 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.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[ssquf] 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 [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
6. 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 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.
---------------------------------------------------------------------------
\1\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------
7. For information on the requirements of the RFA, the public may
contact Sharon K. Stewart, Women's Outreach Specialist, Office of
Communications Business Opportunities, 202-418-0990 or visit
www.fcc.gov/ocbo.
Federal Communications Commission.
Sanford S. Williams,
Director, Office of Communications Business Opportunities.
List of rules for review pursuant to the Regulatory Flexibility Act
of 1980, 5 U.S.C. Section 610, for the ten-year
[[Page 36850]]
period beginning in the year 2005 and ending in the year 2006. 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 anticompetitive behavior.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
Section Number and Titles:
1.767(a), (a)(5), (a)(7)-(11), (g)-(n) Cable landing licenses.
1.768, (h)-(j) 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 states 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 recodifications of Part 22 rules (1.958 and 1.959)
establish the required distance and terrain elevation calculation
methods applicable to all Wireless Radio Services (except Parts 21 and
101) (Parts 1, 20, 22, 24, 27, 80 87, 90, 95, and 97); implement the
Commission's policies with regard to the processing of applications
(1.913(a)(6) and 1.919(b)(5)) and the protection of Federal Government
operations (1.924(e)); and revise the procedures for the amateur
service vanity call sign system (1.934(d)(5)). The need for these rules
is ongoing.
Legal Basis: 15 U.S.C 79 et seq.; 47 U.S.C. 151, 154, 154(i),
154(j), 155, 157, 225, 227, 303, 303(r), 307, 309 and 332.
Section Number and Titles:
1.913(a)(6) Application and notification forms; electronic and manual
filing.
1.919(b)(5) Ownership Information.
1.924(e)(4) Quiet zones. (Revised 2015)
1.934(d)(5) Defective applications and dismissal.
1.958 Distance computation. (Revised 2014)
1.959 Computation of average terrain elevation.
Subpart G--Schedule of Statutory Charges and Procedures for Payment
Brief Description: These rules specify the schedule of annual
regulatory fees and filing locations for the designated payors.
Need: Congress sets the amount the Commission must collect each
year in the Commission's fiscal year appropriations. Section 9(a)(2) of
the Communications Act of 1934, as amended (Communications Act or Act)
requires the Commission to collect fees sufficient to offset the amount
appropriated.\2\ These rules specify the fees for the Commission's
regulatees.
---------------------------------------------------------------------------
\2\ 47 U.S.C. 159(a)(2).
---------------------------------------------------------------------------
Legal Basis: 47 U.S.C. 159.
Section Number and Titles:
1.1102 Table amended--Schedule of charges for applications and other
filings in the wireless telecommunications services.
1.1107 Table corrected--Schedule of charges for applications and other
filings for the international services.
1.1152 Table amended--Schedule of annual regulatory fees and filing
locations for wireless radio services.
1.1153 Revised--Schedule of annual regulatory fees and filing locations
for mass media services.
1.1154 Revised--Schedule of annual regulatory charges for common
carrier services.
1.1155 Revised--Schedule of regulatory fees for cable television
services.
1.1156 Revised--Schedule of regulatory fees for international services.
Subpart Q--Competitive Bidding Proceedings
Brief Description: Part 1 states the general rules of practice and
procedure before the Federal Communications Commission. Subpart Q sets
forth the provisions implementing Section 309(j) of the Communications
Act of 1934, as amended, authorizing the Commission to employ
competitive bidding procedures to resolve mutually exclusive
applications for certain initial licenses.
Need: These rules are needed on an ongoing basis to implement the
Commission's competitive bidding authority under Section 309(j) of the
Communications Act of 1934, as amended, including the designated entity
and tribal land bidding credit programs.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r)
and 309(j).
Section Number and Titles:
1.2104(j)(1)-(2) Competitive bidding mechanisms. (Renumbered 2014)
1.2107(g) Submission of down payment and filing of long-form
applications.
1.2111(b)(2)(ii) Assignment or transfer of control: Unjust enrichment.
(Renumbered 2015)
1.2112(b)(1)(iii)-(iv) Ownership disclosure requirements for
applications. (Revised 2016)
1.2114 Reporting of eligibility event. (Revised 2015)
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 Number 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, (a)-(c) What applications can I file electronically?
1.10008 What are IBFS file numbers?
1.10009 What are the steps for electronic filing?
[[Page 36851]]
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 J--Equipment Authorization Procedures
Brief Description: An application for certification of a software
defined radio must include the information required by section 2.944.
Need: Section 2.1033 ensures that applications for certification
include information sufficient to demonstrate compliance with all
pertinent requirements. Paragraph (c)(18) requires an application for
certification of a software defined radio to include an exhibit that
addresses the specific requirements of Section 2.944, Software defined
radios. Pursuant to that section, in order to assure that the device
may only operate within the radio parameters for which it was approved,
manufacturers must take steps to ensure that only software that has
been approved for use with the software defined radio can be loaded
into the radio. This rule affects small entities that are identified as
manufacturers.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
Section Number and Title:
2.1033 Application for certification.
PART 15--RADIO FREQUENCY DEVICES
Subpart B--Unintentional Radiators
Brief Description: All TV broadcast receivers shipped in interstate
commerce or imported into the United States, for sale or resale to the
public, shall comply with the provisions of this section, except that
paragraphs (f) and (g) of this section shall not apple to the features
of such sets that provide for reception of digital television signals.
Need: This rule contains requirements adopted pursuant to the All-
Channel Receiver Act, 47 U.S.C. 303(s), to ensure that that TV
receivers are capable of adequately receiving all channels allocated
for the TV broadcast service.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
Section Number and Title:
15.117 TV broadcast receivers.
Subpart C--Intentional Radiators
Brief Description: Client devices that operate in a master/client
network may be certified if they have the capability of operating
outside permissible part 15 frequency bands, provided they operate on
only permissible part 15 frequencies under the control of the master
device with which they communicate.
Need: This rule benefits equipment manufacturers by allowing the
certification of transmitters that can be used in multiple countries,
thus reducing equipment costs, while minimizing the likelihood that
these devices will operate outside permissible frequency bands within
the United States and cause interference to authorized services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
Section Number and Title:
15.202 Certified operating frequency range.
Brief Description: Section 15.231(a)(5) allows remote control
devices to be operated with transmission durations greater than five
seconds but less than ten seconds during equipment setup.
Need: There is a need, in some cases, to allow installers of
complex security systems to initiate transmissions for greater than the
five seconds duration otherwise permitted under Section 15.231. To
minimize the likelihood of interference to authorized users of the
spectrum the rule limits setup transmissions to no more than ten
seconds. This allows manufacturers flexibility in the design of complex
security systems while limiting the increase in interference potential
of those systems.
Legal Basis: 47 U.S.C. 154, 302a, 303(e), 303, 304, 307, 336, 544a,
and 549.
Section Number and Title:
15.231 Periodic operation in the band 40.66-40.70 MHz and above 70 MHz.
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.
Need: These rules are needed on an ongoing basis to implement the
Commission's interconnection regulations between local exchange
carriers and commercial mobile radio service providers, including
compensation and arbitration obligations.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214,
222, 251(e), 301, 302, 303, 303(b), 303(r), 307(a), 309(j)(3), 316(a),
332, 610, 615, 615a, 615b and 615c.
Section Number and Titles:
20.11(d), (e) Interconnection to facilities of local exchange carriers.
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. In 2005, section 20.19 was amended by adding
subsection (b)(4), which directs states that adopt and enforce the
Commission's hearing aid compatibility rules on delegated authority to
refer to the Commission's Office of Engineering and Technology any
questions involving factual determinations of whether particular
equipment complies with the 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, 302, 303, 308, 309(j), 310, and 610.
Section Number and Title:
20.19(b)(4) Hearing aid-compatible mobile handsets; technical
standards.
PART 22--PUBLIC MOBILE SERVICES
Subpart E--Paging and Radiotelephone Service
Brief Description: In 2006, this rule added clarification on
reimbursement and relocation expenses when an emerging technologies
(ET) services
[[Page 36852]]
licensee relocates a paired Paging and Radiotelephone Services (PARS)
link under certain conditions.
Need: As part of the effort to transition microwave channels for
use by ET services, this provision promotes the transition and
accomplishes regulatory parity with a similar provision in Part 27. The
need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332.
Section Number and Title:
22.602(k) Transition of the 2110-2130 and 2160-2180 MHz channels to
emerging technologies; Reimbursement and relocation expenses in the
2110-2130 MHz and 2160-2180 MHz bands.
Subpart G--Air-Ground Radiotelephone Service
Brief Description: These rules refined the Commercial Aviation Air-
Ground Systems within the Air-Ground Radiotelephone Service. Section
22.853 limits any Air-Ground Radiotelephone Service licensee to the use
of no more than 3 MHz of spectrum in the service bands. Section 22.877
defines unacceptable interference to non-cellular Part 90 licensees
from this service as equivalent to the definition in Section 22.970
applicable to the Cellular Radiotelephone Service. Section 22.878
outlines the obligations to abate unacceptable interference from
commercial aviation ground stations, divided into strict responsibility
for single licensees, and joint and several responsibility for multiple
licensees. Section 22.879 outlines the interference resolution
procedures applicable to licenses for commercial aviation ground
stations after a certain date, including notification, interference
analysis, and mitigation. Section 22.880 enforces information exchange
between this service and public safety/critical infrastructure industry
licensees, requiring notification upon request of activation or
modification of a ground station site. Section 22.881 defines the
service to be subject to competitive bidding, according to the
procedures set forth in Part 1, Subpart Q of the same Chapter. Finally,
Section 22.882 establishes bidding credits for eligible designated
entities to reduce the cost of winning bids for commercial Air-Ground
Radiotelephone Service licenses.
Need: In refining the statutory requirements for the Commercial
Aviation Air-Ground Radiotelephone Service, which remains in operation
today, these rules contain various provisions that advance the
interests of small businesses, including those providing for access to
the spectrum and those imposing interference limitations, abatement and
resolution procedures, including information exchange and notification,
to provide small business licensees with further leverage to receive
protection from interference. Finally, the rules establish bidding
credits for eligible designated entities to encourage participation in
the Air-Ground Radiotelephone Services for small and very small
businesses as defined. The need for these rules is ongoing.
Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332.
Section Number and Titles:
22.853 Eligibility to hold interest in licenses limited to 3 MHz of
spectrum.
22.877 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from commercial aviation air-ground systems.
22.878 Obligation to abate unacceptable interference.
22.879 Interference resolution procedures.
22.880 Information exchange.
22.881 Air-Ground Radiotelephone Service subject to competitive
bidding.
22.882 Designated entities.
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 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 Number and Titles:
25.103 Definitions.
25.109(c) Cross reference.
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 Heading and (a) [formerly partially in 25.136, 25.143(i), (j),
(k)], (g), (h) Station licenses and launch authority.
25.114 Applications for space station authorizations.
25.115(a)(1), (2)(iii), (c)(1), (2), (e), (f) [formerly primarily in
25.134] 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), (g) Modification of station license.
25.118(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), (f) 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.
25.133(a), (b) Period of construction; certification of commencement of
operation.
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.
25.285 [formerly generally in 25.143(i), (j), (k)] Operation of MSS and
ATC transmitters or transceivers on board civil aircraft.
25.143(b)(1) Licensing provisions for the 1.6/2.4 GHz mobile-satellite
service and 2 GHz mobile-satellite service.
[[Page 36853]]
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 (a)(1) note added 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.
25.151(c)(2), (d), (e) Public notice.
25.154(a)(3), (c), (d), (e) 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)(1), (3), (4), (5), (6), (7), (8) Frequencies, frequency
tolerance, and emission limits.
25.203(a), (b), (c), (d), (i) introductory text, (k) Choice of sites
and frequencies.
25.204(a), (b), (h), (i) Power limits for earth stations.
25.205 Minimum antenna elevation angle.
25.208(a), (c), (d), (l), (m), (o), (p)-(v) Power flux density limits.
25.209(f) Earth station antenna performance standards.
25.210(c) [formerly in 25.215], (f), (j) Technical requirements for
space stations.
25.211 heading, (d), (e) Analog video transmissions in the Fixed-
Satellite Services.
25.212 heading, (c), (d), (e) Narrowband analog transmissions, digital
transmissions and video transmissions in the GSO Fixed-Satellite
Service.
25.213(b) Inter-Service coordination requirements for the 1.6/2.4 GHz
mobile-satellite service.
25.216 Limits on emissions from mobile earth stations for protection of
aeronautical radionavigation-satellite service.
25.217 Default service rules.
25.220 Non-routine transmit/receive earth station operations.
25.221 Blanket licensing provisions for earth stations on vessels
(ESVs) receiving in the 3700-4200 MHz (Earth-to-space) frequency band
and transmitting in the 5925-6426 MHz (space-to-Earth) frequency band,
operating with Geostationary Satellites in the Fixed-Satellite Service.
25.222 Blanket Licensing provisions for Earth Stations on Vessels
(ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and
transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band,
operating with Geostationary Satellites in the Fixed-Satellite Service.
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.
25.256 Special Requirements for operations in the 3.65-3.7 GHz band.
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(b), (c) introductory text, (c)(5), (e), (f) Control of
transmitting stations.
25.274(e), (f) [redesignated as new (g)], new (f) Procedures to be
followed in the event of harmful interference.
25.277(b), (c), (d), (f) Temporary fixed earth station operations.
25.280 Inclined orbit operations.
25.282 Orbit raising maneuvers.
25.283 End-of-life disposal.
25.284 Emergency Call Center Service.
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.
Subpart I--Equal Employment Opportunities
25.601 Equal employment opportunities.
Subpart J--Public Interest Obligations
25.701 Other DBS Public interest obligations.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE
Subpart A--General Information
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart A contains
general information.
Need: The revised rules specify that the part 27 rules apply to the
Broadband Radio (BRS) and Educational Broadband (EBS) service
frequencies in the 2495-2690 MHz. They also add a reference to part 74,
the rule part applicable to experimental radio, auxiliary, special
broadcast and other program distributional services, as also being
applicable to Wireless Communications Service. 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 Number and Titles:
27.1(b)(9) Basis and purpose.
27.3(o) Other applicable rule parts.
Subpart C--Technical Standards
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart C contains
technical standards applicable to a number of services and frequency
bands.
Need: The additional rules add power limits for particular types of
services that may be offered as BRS or EBS, as well as the measurement
procedures and an alternative out of band emissions limit for BRS. 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 Number and Titles:
27.50(h)(3), (4) Power limits and duty cycle.
27.53(m)(6), (7) Emission limits.
[[Page 36854]]
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
rules that are 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 the relocation and cost sharing
rules for relocation of incumbent microwave stations and BRS stations
out of the spectrum reallocated to create the AWS 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 Number and Titles:
Cost-Sharing Policies Governing Microwave Relocation from the 2110-
2150 MHz and 2160-2200 MHz Bands
27.1160 Cost-sharing requirements for AWS.
27.1162 Administration of the Cost-Sharing Plan.
27.1164 The cost-sharing formula.
27.1166 Reimbursement under the Cost-Sharing Plan.
27.1168 Triggering a reimbursement obligation.
27.1170 Payment issues.
27.1172 Dispute resolution under the Cost-Sharing Plan.
27.1174 Termination of cost-sharing obligations.
Cost-Sharing Policies Governing Broadband Radio Service Relocation
From the 2150-2160/62 MHz Band
27.1176 Cost-sharing requirements for AWS in the 2150-2160/62 MHz band.
27.1178 Administration of the Cost-Sharing Plan.
27.1180 The cost-sharing formula.
27.1182 Reimbursement under the Cost-Sharing Plan.
27.1184 Triggering a reimbursement obligation.
27.1186 Payment issues.
27.1188 Dispute resolution under the Cost-Sharing Plan.
27.1190 Termination of cost-sharing obligations.
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 (BRS) and Educational
Broadband (EBS) services that operate in the 2500-2690 MHz band.
Need: The rules specified in 47 CFR 27.1201-27.1221 provide
grandfather rights for certain commercial EBS licenses and licensees
holding channel E and F licenses, and establish maximum terms for
leases of EBS frequencies. The rules in 47 CFR 27.1250-27.1255
establish procedures for relocating Broadband Radio Service licensees
from the 2150-2160/62 MHz band to accommodate deployment of Advanced
Wireless Service. 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 Number and Titles:
27.1201(d) EBS eligibility.
27.1214(e) EBS spectrum leasing arrangements and grandfathered leases.
27.1216 Grandfathered E and F group EBS licenses.
Technical Standards
27.1221(c), (d) and (e) Interference protection.
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart M contains
specific rules applicable to the Broadband Radio (BRS) and Educational
Broadband (EBS) services that operate in the 2500-2690 MHz band.
Need: The rules in 47 CFR 27.1230-27.1239, including the specific
provisions below, establish procedures governing the transition of the
2500-2690 MHz band from use by the Multipoint Distribution Service
(MDS), the Multichannel Multipoint Distribution Service (MMDS) and the
Instructional Television Fixed Service (ITFS) to use by the Broadband
Radio Service (BRS) and the Educational Broadband Service (EBS). Since
this transition has been completed, these rules are no longer needed.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 337,
1403, 1404 and 1451.
Section Number and Titles:
Policies Governing the Transition of the 2500-2690 MHz Band BRS and
EBS
27.1232(d)(3), (4) Planning the transition.
27.1235(d) Post-transition notification.
27.1236 Self-transitions.
27.1237 Pro rata allocation of transition costs.
27.1238 Eligible costs.
27.1239 Reimbursement obligation.
Relocation Procedures for 2150-2160/62 MHz
27.1250 Transition of the 2150-2160/62 MHz band from the Broadband
Radio Service to the Advanced Wireless Service.
27.1251 Mandatory negotiations.
27.1252 Involuntary relocation procedures.
27.1253 Sunset provisions.
27.1254 Eligibility.
27.1255 Relocation criteria for Broadband Radio Service licensees in
the 2150-2160/62 MHz band.
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES
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
[[Page 36855]]
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 54--UNIVERSAL SERVICE
Subpart A--General Information
Brief Description: Part 54 rules implement section 254 of the
Communications Act of 1934, as amended, concerning the Federal
universal service program. This rule adopts a new definition of ``rural
area'' for the rural health care program.
Need: This rule establishes a definition that accurately defines
the rural areas eligible for support under the rural health care
program.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 254, and
403.
Section Number and Title:
54.5 Terms and definitions (when adopted; now 54.600(b)(1) Terms and
conditions).
Subpart C--Carriers Eligible for Universal Service Support
Brief Description: Subpart C sets forth the eligibility
requirements to receive universal service support. These rules address
the requirements for a telecommunications carrier to be designated as
an ``eligible telecommunications carrier,'' and thus eligible to
receive federal universal service support. Specifically, these rules
comprise additional mandatory requirements for ETC designation
proceedings in which the Commission acts pursuant to section 214(e)(6)
of the Communications Act of 1934, as amended (the Act).\3\
---------------------------------------------------------------------------
\3\ 47 U.S.C. 214(e)(6). Section 214(e)(6) of the Act directs
the Commission to designate carriers when those carriers are not
subject to the jurisdiction of a state commission.
---------------------------------------------------------------------------
Need: Application of these requirements allows for a more
predictable ETC designation process and improve the long-term
sustainability of the universal service fund.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 201-205, 214, 219,
254 303(r) and 403, and 1302.
Section Number and Title:
54.202(a)(2) and (3), (c) and (d) (when adopted; now 54.202(a)(2) and
(3), (b) and (c)) Additional requirements for Commission designation of
eligible telecommunications carriers.
Brief Description: These rules originally require each ETC over
which the Commission has jurisdiction to submit annually certain
information regarding its network and its use of universal service
funds. In their current form, the rules apply to ETCs that are
recipients of high cost support.
Need: These rules ensure that ETCs continue to comply with the
conditions of the ETC designation and that universal service funds are
used for their intended purposes.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 254, and
403.
Section Number and Title:
54.209 (a)(1)-(6) Annual reporting requirements for designated eligible
telecommunications carriers (when adopted; now 54.313(a)(1)-(6); Annual
reporting requirements for high cost recipients).
Subpart D--Universal Support for High Cost Areas
Brief Description: Subpart D sets forth the regulations to provide
universal service in high cost areas. These rules provide that section
54.305--concerning sales or transfers of exchanges--does not apply to
transfers of exchanges between non-rural carriers after the phase down
of interim hold harmless support, and that rural carriers may receive
safety-valve support for investment made in the first year of operating
acquired exchanges.
Need: Section 54.305(a) establishes a rule provision to reflect the
fact that, after the complete phasedown of interim hold-harmless
support, there is no need for section 54.305 with regard to transfers
between non-rural carriers. Sections 54.305(d)(1) and (2) provide
incentives for carriers not to delay first year investment in order to
provide more safety valve support in later years.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 214, 218-220, 254 and
405.
Section Number and Title:
54.305(a), (d)(1) and (2) Sale or transfer of exchanges.
Brief Description: These rules condition newly designated ETCs'
eligibility for support upon the filing by the ETC of line-count data
within 60 days of the carrier's ETC designation. Thereafter, the rules
require the filing of data on a quarterly basis.
Need: These requirements enable customers of newly designated ETCs
to begin to receive the benefits of universal service support as of the
ETC's designation date and ensure that ETCs continue to comply with the
conditions of the ETC designation and that universal service funds are
used for their intended purposes. This rule is needed on an ongoing
basis to provide a deadline for a newly designated competitive eligible
telecommunications carrier to submit data required to receive universal
service support. Other subsections of Section 54.307 require such a
carrier to file the necessary data on a quarterly basis thereafter.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 201-205, 214, 219,
220, 254, 303(r), 403, and 1302.
Section Number and Title:
54.307(d) Support to a competitive eligible telecommunications carrier.
Subpart F--Universal Support for Schools and Libraries
Brief Description: These rules establish the matters to which
applicants to the Universal Service E-rate program must certify in FCC
Form 471 in order to have their applications considered and the
certifications that service providers must make in FCC form 473 as a
condition of support.
Need: These rules create certainty as to the criteria to which
applicants must certify when completing Form 471 and serve to emphasize
to potential service providers that practices that thwart the
competitive bidding process will not be tolerated.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 254, and
403.
Section Number and Title:
54.504(c)(1)(i)-(iii), (vi)-(xi) (now 54.504(a)(1)(i)-(ix); 54.504(h)
(when adopted; now 54.504(f)) Requests for services.
Subpart G--Universal Support for Health Care Providers
Brief Description: Subpart G sets forth the regulations for
eligible health care providers to receive universal service support.
This rule allows mobile rural health care providers to receive
discounts for satellite services calculated by comparing the rate for
the satellite service to the rate for an urban wireline serviced with a
similar bandwidth.
Need: This rule provides the support necessary to make mobile
telemedicine economical for rural health care providers to provide
high-quality health care to rural and remote areas. This rule is needed
on an ongoing basis to calculate the support amount for mobile rural
health care providers under the universal service support rules.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 201-205, 214, 219,
220, 254, 303(r), 403, and 1302.
Section Number and Title:
54.609(e) Calculating support.
Brief Description: This rule requires providers of mobile health
services to
[[Page 36856]]
maintain records for their purchases of supported services for at least
five years sufficient to document their compliance with all Commission
requirements.
Need: These rules further the Commission's efforts to improve its
oversight of the operation of the rural health care program to ensure
that the statutory goals of section 254 of the Telecommunications Act
of 1996 are met.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, 214, 254, and
403.
Section Number and Title:
54.619(a)(1) and (2) Audits and recordkeeping.
Subpart H--Administration
Brief Description: Subpart H sets forth the regulations, functions,
and responsibilities for the Administrator of the universal support
mechanisms. These rules require interconnected voice over internet
Protocol (VoIP) providers to contribute to the universal service fund.
Need: These rules help ensure the stability and sustainability of
the Universal Service Fund. This rule is needed on an ongoing basis to
determine which entities are considered telecommunications carriers
providing interstate telecommunications service and therefore are
required to contribute to the universal service support mechanisms.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 201-205, 214, 219,
220, 254, 303(r), 403, and 1302.
Section Number and Title:
54.706(a)(18), (19) Contributions.
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
Brief Description: The Part 63 rules 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
resale telecommunications services.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218,
403, and 571, unless otherwise noted.
Section Number and Title:
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 carriers 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), (q)
Contents of applications for international common carriers.
63.19, (d) Special procedures for discontinuances of international
services.
63.20(a) Electronic filing, copies required; fees; and filing periods
for international service providers.
63.21(a), (h)-(j) 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, (e)(4), (f)(2)-(3), (h) Assignments and transfers of control.
63.25(b), (c) introductory text, (d)(2), (e) Special provisions
relating to temporary or emergency service by international carriers.
63.51, (c) Additional information.
63.53(a)(1)-(2), (b)-(c) Form.
63.60(d) (currently (g)) Definitions.
63.701 introductory text, (j) 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: Part 64, Subpart F implements section 225 of the
Communications Act of 1934, as amended. Section 225 codifies Title IV
of the Americans with Disabilities Act of 1990 (ADA) which requires
that the Commission ensure that telecommunications relay services (TRS)
are available, ``to the extent possible and in the most efficient
manner,'' to individuals with hearing or speech disabilities in the
United States. Section 225 defines TRS as telephone transmission
services that provide the ability for an individual who is deaf, hard
of hearing, deaf-blind, or who has a speech disability to engage in
communication by wire or radio with one or more individuals, in a
manner functionally equivalent to the ability of a hearing individual
who does not have a speech disability to communicate using voice
communication services by wire or radio. The rules provide minimum
functional, operational, and technical standards for TRS programs. The
rules give states a significant role in ensuring the availability of
TRS by treating carriers as compliant with their statutory obligations
if they operate in a state that has a relay program certified as
compliant by the Commission. The rules also establish a cost recovery
and a carrier contribution mechanism (TRS Fund) for the provision of
interstate TRS and require states to establish cost recovery mechanisms
for the provision of intrastate TRS. In 2005, the rules were amended by
adding subsection (b)(2)(iii) to section 64.604, requiring Video Relay
Service (VRS) providers to comply with speed of answer requirements to
be eligible for compensation from the TRS Fund. Section 64.604 also was
amended by adding subsection (c)(5)(iii)(F)(4) (which has been
redesignated as 64.604(c)(5)(iii)(F)(2)), requiring internet-based TRS
providers (e.g., VRS and internet Protocol (IP) Relay providers) to be
certified by the Commission pursuant to section 64.605 (which has been
redesignated as 64.606) to be eligible for compensation from the TRS
Fund.
Need: The rules are intended to facilitate communication by persons
with hearing or speech disabilities by
[[Page 36857]]
ensuring that interstate and intrastate TRS are available throughout
the country, and by ensuring uniform minimum functional, operational,
and technical standards for TRS programs. The rules ensure that
individuals with hearing or speech disabilities receive the same
quality of service as hearing individuals when they make TRS calls,
regardless of where their calls originate or terminate.
Legal Basis: 47 U.S.C. 151, 152, and 225.
Section Number and Titles:
64.604(b)(2)(iii) Technical standards, Speed of answer, Speed of answer
requirements for VRS providers.
64.604(c)(5)(iii)(F)(2) Functional standards, Jurisdictional separation
of costs, Telecommunications Relay Services Fund, Eligibility for
payment from the TRS Fund.
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. In 2004, section 64.1200(a)(1) was amended
to add subsection (iv), establishing a limited safe harbor period from
the prohibition on autodialed or prerecorded or artificial voice calls
to wireless numbers when such calls are made to numbers that have been
ported from wireline service to wireless service within the previous 15
days and are voice calls, provided the numbers are not already on the
national do-not-call registry or the caller's company-specific do-not-
call list.
Need: Section 64.1200(a)(1)(iv) strikes an appropriate balance
between maximizing consumer privacy protections and avoiding the
imposition of undue burdens on telemarketers and other callers by
providing a limited time period necessary for persons, including small
businesses, to identify numbers that have been ported from wireline to
wireless service and, therefore, allow callers to comply with the TCPA.
Legal Basis: 47 U.S.C. 151-154, 227, and 303(r).
Section Number and Title:
64.1200(a)(1)(iv) Delivery restrictions.
Subpart X--Subscriber List Information
Brief Description: These rules allow carriers to redact portions of
requested contracts that are wholly unrelated to the carrier's
provision of subscriber list information and allow carriers to subject
their disclosure of subscriber list information contracts to
confidentiality agreements that limit access to and use of the
information to the purpose of determining the rates, terms and
conditions under which a carrier provides subscriber list information
to its own directory publishing operations.
Need: These rules ensure that any disclosure of subscriber list
information contracts will not unfairly disadvantage carriers or their
directory publishing operations.
Legal Basis: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Public
Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 228, and 254(k).
Section Number and Title:
64.2341(d) and (e) Recordkeeping.
Subpart CC--Customer Account Record Exchange Requirements
Brief Description: The rules in Part 64, Subpart CC were issued
pursuant to the Communications Act of 1934, as amended, to facilitate
the exchange of customer account information between local exchange
carriers (LECs) and interexchange carriers (IXCs) and to establish
carriers' responsibilities with respect to such exchanges.
Need: The rules help to ensure that consumers' phone service bills
are accurate and that their carrier selection requests are honored and
executed without undue delay. These requirements also recognize a
carrier's right to be compensated for the services it provides by
ensuring that providers of long distance phone services receive proper
notification when customers are placed on their networks.
Legal Basis: 47 U.S.C. 154, 201, 202, 222, and 258.
Section Number and Titles:
64.4000 Basis and purpose.
64.4001 Definitions.
64.4002 Notification obligations of LECs.
64.4003 Notification obligations of IXCs.
64.4004 Timeliness of required notifications.
64.4005 Unreasonable terms or conditions on the provision of customer
account information.
64.4006 Limitations on use of customer account information.
Subpart DD--Prepaid Calling Card Providers
Brief Description: These rules establish definitions for ``prepaid
calling card'' and ``prepaid card providers'' and reporting and
certification requirements for prepaid calling card providers. The
rules include prepaid calling card providers among the entities
required to contribute to the universal service fund, and create an
exemption for revenues derived from prepaid calling cards sold by, to,
or pursuant to contract with the Department of Defense or a DoD entity.
Need: These rules provide regulatory certainty and ensure
compliance with the Commission's access charge and USF contribution
requirements.
Legal Basis: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Public
Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 228, and 254(k).
Section Number and Titles:
64.5000 Definitions.
64.5001 Reporting and certification requirements.
PART 73--RADIO BROADCAST SERVICES
Subpart E--Television Broadcast Stations
Brief Description: This rule provides guidance on how the
Commission will determine whether TV broadcast stations are in
compliance with the Children's Television Act. They were adopted
collectively by the Commission to modernize its rules implementing the
Act in light of the Digital TV Transition (Children's Television
Obligations of Digital Television Broadcasters, Report and Order and
Further Notice of Proposed Rulemaking, FCC 04-221).
Need: These rules are necessary because they provide licensees of
analog and digital stations with explicit guidance on meeting their
obligations under the Children's Television Act.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
Section Number and Titles:
73.671(c)(7), (d), (e) (73.671(f)--removed) Educational and
informational programming for children.
Brief Description: This rule provides an exception for satellite
carriers from certain verification requirements. It was adopted by the
Commission as part of
[[Page 36858]]
implementing the Satellite Home Viewer Extension and Reauthorization
Act of 2004 (Implementation of the Satellite Home Viewer Extension and
Reauthorization Act of 2004, Implementation of Section 340 of the
Communications Act, Order, FCC 05-81).
Need: This rule is necessary because it provides regulatory relief
for certain satellite carriers.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
Section Number and Title:
73.683(f) Field strength contours and presumptive determination of
field strength at individual locations.
Subpart F--International Broadcast Stations
Brief Description: These rules provide frequency assignments and
technical standards for certain international broadcasting stations.
They were collectively adopted by the Commission to implement decisions
from the World Radiocommunication Conference held in 2003 (Amendment of
Parts 2, 25, and 73 of the Commission's Rules to Implement Decisions
from the World Radiocommunication Conference (Geneva, 2003) (WRC-03)
Concerning Frequency Bands Between 5900 khz and 27.5 ghz and to
Otherwise Update The Rules in this Frequency Range, Report and Order,
FCC 05-70).
Need: These rules are necessary for the operation of international
broadcast stations and compliance with international agreements.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
Section Number and Titles:
73.702(g), (h) Assignment and use of frequencies. (73.702(g)--reserved,
not in use)
73.702(f), (g)-(k) redesignated as (i)-(m); new (h) Assignment and use
of frequencies.
73.757 System specifications for single-sideband (SSB) modulated
emissions in the HF broadcasting service.
73.758 System specifications for digitally modulated emissions in
the HF broadcasting service.
Subpart J--Class A Television Broadcast Stations
Brief Description: These rules provide technical standards and
interference protection requirements for Class A TV stations. They were
collectively adopted when the Commission established digital LPTV and
digital translator stations as part of the Digital TV Transition
(Amendment of Part 73 and Part 74 of the Commission's Rules to
Establish Rules for Digital Low Power Television, Television
Translator, and Television Booster Stations to Amend Rules for Digital
Class A Television Stations, Report and Order, FCC 04-220).
Need: These rules are necessary to maintain localism and implement
other Class A TV station rules.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.
Section Number and Titles:
73.6000(2) Definitions.
73.6024(d) Transmission standards and system requirements.
73.6027 Class A TV notifications concerning interference to radio
astronomy, research and receiving installations.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
Subpart G--Low Power TV, TV Translator, and TV Booster Stations
Brief Description: These rules provide legal requirements and
technical standards for digital low power TV (LPTV) stations, digital
translator TV stations, and digital Class A TV stations. They were
collectively adopted when the Commission established digital LPTV and
digital translator stations as part of the Digital TV Transition
(Amendment of Part 73 and Part 74 of the Commission's Rules to
Establish Rules for Digital Low Power Television, Television
Translator, and Television Booster Stations to Amend Rules for Digital
Class A Television Stations, Report and Order, FCC 04-220).
Need: These rules are necessary for the licensing and operation of
digital LPTV and digital translator stations, to protect the integrity
of these stations, and to ensure that these stations do not cause
harmful interference to other authorized services.
Legal Basis: 47 U.S.C. 154, 302a, 303, 307, 336 and 554.
Section Number and Titles:
74.701(j)-(p) Definitions.
74.703(f), (g) Interference.
74.710 Digital low power TV and TV translator station protection.
74.786 Digital channel assignments.
74.787 Digital licensing.
74.788 Digital construction period.
74.789 Broadcast regulations applicable to digital low power television
and television translator stations.
74.790 Permissible service of digital TV translator and LPTV stations.
74.791 Digital call signs.
74.792 Digital low power TV and TV translator station protected
contour.
74.793 Digital low power TV and TV translator station protection of
broadcast stations.
74.794 Digital emissions.
74.795 Digital low power TV and TV translator transmission system
facilities.
74.796 Modification of digital transmission systems and analog
transmission systems for digital operation.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
Subpart D--Carriage of Television Broadcast Signals
Brief Description: These rules address obligations of and
restrictions on satellite carriers retransmitting certain television
broadcast signals, and provide guidance for television broadcast
stations choosing between retransmission consent and mandatory carriage
of significantly viewed signals. They were collectively adopted by the
Commission as part of implementing the Satellite Home Viewer Extension
and Reauthorization Act of 2004 (Implementation of the Satellite Home
Viewer Extension and Reauthorization Act of 2004, Implementation of
Section 340 of the Communications Act, Order, FCC 05-81; Report and
Order, FCC 05-187).
Need: These rules are necessary for carrying out the Congressional
mandate of the Satellite Home Viewer Extension and Reauthorization Act
of 2004.
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, 573.
Section Number and Titles:
76.5(gg) Definitions.
76.54(e)-(k) Significantly viewed signals; method to be followed for
special showings.
76.66(d)(5) Satellite broadcast signal carriage.
76.66(d)(2)(iii) Satellite broadcast signal carriage.
Subpart G--Cablecasting
Brief Description: These rules modernize rules concerning
children's programming to include restrictions on displaying internet
website addresses. They were adopted collectively by the Commission to
modernize its rules implementing the Act in light of the Digital TV
Transition (Children's Television Obligations of Digital
[[Page 36859]]
Television Broadcasters, Report and Order and Further Notice of
Proposed Rulemaking, FCC 04-221).
Need: These rules are necessary to ensure that the Commission's
rules continue to respond the Congressional mandate in the Children's
Television Act by protecting children from advertising directing them
to internet sites.
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, 573.
Section Number and Title:
76.225(c)-(d) Commercial limits in children's programs.
PART 80--STATIONS IN THE MARITIME SERVICES
Subpart H--Frequencies
Brief Description: The Part 80 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for stations in the maritime services. Subpart H describes the carrier
frequencies and general uses of radiotelegraphy for distress, urgency,
safety, call and reply, digital selective calling, narrow-band direct
printing, and facsimile for stations within the maritime services.
Need: This rule designates VHF maritime Channels 87B (161.975 MHz)
and 88B (162.025 MHz) for Automatic Identification Systems (AIS). The
designation of Channels 87B and 88B for AIS in the United States is
consistent with the establishment of a seamless global AIS framework,
and facilitates the broad, efficient and effective implementation of
AIS in U.S. territorial waters. The intended effect is to maximize the
benefits of AIS for United States homeland security and maritime
safety. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154, 303, 307, 309 and 332.
Section Number and Title:
80.393 Frequencies for AIS stations. (Revised 2009)
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 D rules provide the technical requirements for such radio
stations.
Need: The technical requirements are needed on an ongoing basis 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 important
safeguards against interference.
Legal Basis: 7 U.S.C. 154, 303 and 307(e), unless otherwise noted.
Section Number and Titles:
87.139(l) Emission limitations.
87.141(k) Modulation requirements.
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 authorizes Universal Access Transceiver data
transmission on 978 MHz. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154, 303 and 307(e).
Section Number and Title:
87.187(ff) Frequencies.
Subpart L--Aeronautical Utility Mobile Stations
Brief Description: Part 87 contains the Commission rules governing
aviation services. Subpart L sets forth the rules governing
aeronautical utility mobile stations.
Need: Rules 87.345(f) and 87.349(e) authorize transmissions for
Universal Access Transceiver service. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154, 303 and 307(e), unless otherwise noted.
Section Number and Titles:
87.345(f) Scope of service.
87.349(e) Frequencies.
Subpart Q--Stations in the Radiodetermination Service
Brief Description: Part 87 contains the Commission rules governing
aviation services. Subpart Q sets forth the rules governing station in
the Radiodetermination Service.
Need: This rule assigns the frequencies for airborne electronic
aids to air navigations and associated land stations. The need for this
rule is ongoing.
Legal Basis: 47 U.S.C. 154, 303 and 307(e).
Section Number and Title:
87.475(b)(9) Frequencies.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
Subpart C--Industrial/Business Radio Pool
Brief Description: Section 90.35(c)(90) set dates for FCC cessation
of certain licenses in specific bands.
Need: This rule provision was enacted to transition Private Land
Mobile Radio Services below 800 MHz to reflect changes in the
international allocations, including consolidation of the services that
distribute assignments between low-use and high-use groups more evenly,
facilitates advanced technologies, and provides more efficiency and
flexibility in spectrum use. The need for this rule is ongoing, insofar
as it is a limitation on the 2000-25,000 kHz band in the I/B Frequency
Pool in 90.35(b)(3).
Legal Basis: 47 U.S.C. 154, 302, 303 and 332.
Section Number and Title:
90.35 Industrial/Business Pool.
Subpart H--Policies Governing the Assignment of Frequencies
Brief Description: The addition of Section 90.175 clarified
frequency coordinator requirements for applications for a new frequency
assignment, a change in existing facilities, or operation at temporary
locations, while excluding a certain number of categories from the
requirements. In general, the rule requires applicants to provide all
appropriate technical information, system requirements, and
justification for requested station parameters, and clarifies that
applicants bear the burden of proceeding and the burden of proof when
requesting that the Commission overturn a coordinator's recommendation.
Need: This rule provision retained the frequency coordination
requirement for incumbent licensees operating on 800 MHz General
Category frequencies, and for site-based 800 MHz General Category
applications filed after 800 MHz rebanding. The rule is part of a
streamlining and harmonization of licensing provisions in the wireless
radio services (WRS). The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.175 Frequency coordinator requirements.
[[Page 36860]]
Subpart I--General Technical Standards
Brief Description: Part 90 contains service and licensing rules
used in the Private Land Mobile Radio Services. Subpart I sets forth
the general technical requirements for use of frequencies and equipment
in the radio services governed by Part 90.
Need: The revised rules establish the general technical rules for
Part 90 licensees. The need for these rules is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Titles:
90.203(o) Certification required.
90.210(m) Emission masks.
90.217(e) Exemption from technical standards.
Subpart K--Standards for Special Frequencies or Frequency Bands
Brief Description: Section 90.265 made additional frequencies
available to a combination of Public Safety Pool and Industrial/
Business Pool licenses in the bands allocated for Federal use,
including forest firefighting and conservation activities, Medical
Radiocommunication Systems, and other public safety activities. It also
added interference complaint procedures involving the Hydro Committee
referenced in the rule part concerning hydrological or meteorological
data.
Need: The rule additions generally expanded the availability of
frequencies while clarifying the interference complaint procedures to
protect them. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
Section Number and Title:
90.265(a)(5-9), (c), (d), (e) Assignment and use of frequencies in the
bands allocated for Federal use.
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
radiocommunications 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 requires Economic Areas (EA) licensees operating on
certain channels to construct an Enhanced Specialized Mobile Radio
(ESMR) system by the license expiration date to promote efficient use
of spectrum. This is an ongoing need.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r) and 332(c)(7).
Section Number and Title:
90.685(e) Authorization, construction and implementation of EA
licenses.
Subpart Z--Wireless Broadband Services in the 3650-3700 MHz Band
Brief Description: Part 90 contains service and licensing rules
used in the Public Safety, Industrial/Business Radio Pool, and
Radiolocation Radio Services. Subpart Z contains rules that govern
broadband operations in the 3650-3700 MHz.
Need: The revised rules establish the service and licensing rules
for broadband operations in the 3650-3700 MHz band. The need for these
rules is ongoing.
Legal Basis: 47 U.S.C. 310.
Section Number and Titles:
90.1301 Scope.
90.1303 Eligibility.
90.1305 Permissible operations.
90.1307 Licensing.
90.1309 Regulatory status.
90.1311 License term.
90.1312 Assignment and transfer.
90.1319 Policies governing the use of the 3650-3700 MHz band.
90.1321 Power and antenna limits.
90.1323 Emission limits.
90.1331 Restrictions on the operation of base and fixed stations.
90.1333 Restrictions on the operation of mobile and portable stations.
90.1335 RF safety.
90.1337 Operation near Canadian and Mexican borders.
PART 97--AMATEUR RADIO SERVICE
Subpart B--Station Operations 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: 97.111(a)(2) is needed on an ongoing basis to ensure that
reliable communications are available during emergencies. 97.115(c) is
needed to permit transmission of data on behalf of a third party.
Legal Basis: 47 U.S.C. 154, 303. 47 U.S.C. 151-155 and 301-609.
Section Number and Titles:
97.111(a)(2) Authorized transmissions.
97.115(c) Third party communications.
Subpart D--Technical Standards
Brief Description: The Part 97 rules set forth the conditions under
which portions of the radio spectrum are made available and licensed
for amateur radio service. Subpart D outlines technical standards for
the frequency bands available to amateur stations.
Need: 97.303(t) is a restatement of old 97.303(p) to clarify that
amateur operations must protect Federal and foreign operations in the
23 mm band. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
97.303(t) Frequency sharing requirements. (Revised 2010)
PART 101--FIXED MICROWAVE SERVICES
Subpart B--Applications and Licenses
Brief Description: Part 101 prescribes the manner in which portions
of the radio spectrum may be made available for private operational,
common carrier, 24 GHz Service, Local Multipoint Distribution Service,
and fixed, microwave operations that require transmitting facilities on
land or in specified offshore coastal areas within the continental
shelf. Subpart B governs application, licensing and transition of
microwave licenses under Part 101.
Need: The revised rules are related to requirements for
constructing or relocating certain microwave stations (except
Multichannel Video Distribution and Data Service, Local Multipoint
Distribution Service, and the 24 GHz Service) under Part 101. Section
101.63(g) provides a streamlined process for MVPDs converting from
analog to digital modulation to minimize duplicative costs associated
with the coordination and licensing process, which is an ongoing
requirement. Though section 101.69(g) is no longer needed for
relocating the 1850-1990 and 2110-2150 bands, it governs the relocation
of fixed microwave services in the 2160-2200 MHz band, which is an
ongoing requirement for AWS-3 and AWS-4 licensees. The need for these
rules is ongoing.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Titles:
101.63(g) Period of construction; certification of completion of
construction.
101.69(g) Transition of the 1850-1990 MHz, 2110-2150 MHz and 2160-2200
MHz band from the fixed microwave services to personal communications
services and emerging technologies.
[[Page 36861]]
Subpart C--Technical Standards
Brief Description: Part 101 prescribes the manner in which portions
of the radio spectrum may be made available for private operational,
common carrier, 24 GHz Service, Local Multipoint Distribution Service,
and 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 and
licenses in the Fixed Microwave Services.
Need: The revised rules provide the interference protection
criteria for fixed stations subject to part 101 and requires that
transmitters used in the private operational fixed and common carrier
fixed point-to-point microwave and point-to-multipoint services under
this part must be a type that has been verified for compliance. The
need for these rules is ongoing.
Legal Basis: 47 U.S.C. 154, and 303.
Section Number and Titles:
101.105(a)(5) and (6) Interference protection criteria.
101.139(h) and (i) Authorization of transmitters.
[FR Doc. 2018-16282 Filed 7-30-18; 8:45 am]
BILLING CODE 6712-01-P