1998 Biennial Regulatory Review-Withdrawal of the Commission as an Accounting Authority in the Maritime Mobile and Maritime Mobile-Satellite Radio Services, 8994-8997 [2019-04568]
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Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Rules and Regulations
there will be no additional opportunity
to comment.
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.
Dated: October 18, 2018.
Peter D. Lopez,
Regional Administrator, EPA Region 2.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
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.
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
2. Table 1 of appendix B to part 300
is amended by revising the entry for
‘‘NY’’, ‘‘Robintech, Inc./National Pipe
Co.’’, ‘‘Town of Vestal’’ to read as
follows:
1. The authority citation for part 300
continues to read as follows:
Appendix B to Part 300—National
Priorities List
■
■
TABLE 1—GENERAL SUPERFUND SECTION
State
Site name
City/County
*
NY .....................
*
*
*
Robintech, Inc./National Pipe Co. ........................................................
*
*
Town of Vestal ..............................
*
*
*
(a) * * *
*
*
*
*
*
*P = Sites with partial deletion(s).
*
*
*
*
*
Editorial note: This document was
received for publication by the Office of the
Federal Register on March 7, 2019.
[FR Doc. 2019–04511 Filed 3–12–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 3
[IB Docket No. 98–96; FCC 18–186]
1998 Biennial Regulatory Review—
Withdrawal of the Commission as an
Accounting Authority in the Maritime
Mobile and Maritime Mobile-Satellite
Radio Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(‘‘Commission’’ or ‘‘FCC’’) instructs
Commission staff to, within 120 days,
consult with Federal stakeholders,
including the United States Coast Guard
(Coast Guard), and to work with service
providers to finalize and announce a
plan to transition the functions and
duties performed by the Commission as
an accounting authority for those
customers in the maritime mobile and
maritime mobile-satellite radio services
that have not otherwise designated any
such accounting authority. In the
Second Report and Order, the
Commission provides a substantial
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SUMMARY:
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*
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transition period of up to one year
following announcement of the
transition plan to ensure an orderly
transfer of the Commission’s accounting
authority duties to private authorities.
DATES: Effective April 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Dana Shaffer, Deputy Bureau Chief and
Chief of Staff, Wireless
Telecommunications Bureau, (202) 418–
0832, email Dana.Shaffer@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order, IB Docket No. 98–96;
FCC 18–186, adopted December 18,
2018 and released December 21, 2018.
The full text of this document is
available for inspection and copying
during business hours in the FCC
Reference Information Center, Portals II,
445 12th Street SW, Room CY–A257,
Washington, DC 20554. Copies may be
obtained via the Commission’s
Electronic Comment Filing System by
entering the IB docket number 98–96
and is available on the FCC’s website at
https://www.fcc.gov.
Synopsis
I. Second Report and Order
1. In the Second Report and Order,
the Commission adopts a proposal to
transition the functions and duties
performed by the FCC as an accounting
authority. The Commission refers to this
default function as the accounting
authority of last resort, and it finds that
the public interest would be better
served by relying upon private
accounting authorities to perform the
accounting authority of last resort
function. The Commission notes that
such private authorities are certified
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Notes (a)
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under part 3 of the Commission’s rules
and operate under the Commission’s
regulatory oversight.
2. The Commission concludes that the
record in the proceeding supports a
renewed decision to withdraw as the
accounting authority of last resort and to
provide users with a definitive
timeframe within which to transition to
a new accounting authority of their
choosing. All commenters supported the
Commission’s proposal to withdraw
completely as an accounting authority.
The unanimous support is a change
from 1999, and it reflects that, in 2018,
not only are there sufficient private
accounting authorities available to settle
accounts, but there also has been a
significant reduction in reliance on the
FCC as an accounting authority. Given
this reduction in reliance on the FCC
and the reduced volume of customers
who may be affected when the
Commission withdraws as accounting
authority, as well as the presence of a
functioning market for this service that
will mitigate the adverse impact of the
FCC’s withdrawal, the Commission
finds that the best alternative is for its
withdrawal as an accounting authority.
The Commission continues to believe
that it remains the basic responsibility
of the user, whether a private or
governmental entity, to designate an
accounting authority to handle its calls.
3. The Commission is not persuaded
that it should name COMSAT as the
default accounting authority of last
resort. No party other than COMSAT
urged the FCC to take such a step; in
fact, other commenters, notably the
Coast Guard, supported the
Commission’s proposal to require users
to select a new accounting authority,
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provided the Commission ensures users
are given adequate notice and time to
put in place arrangements with another
accounting authority. The Commissions
finds no record support from users for
a wholesale transfer of the settlement of
the accounts of terminal holders
currently subscribed to US01 to
COMSAT or any other private
accounting authority. Moreover,
Inmarsat adamantly opposes
designation of a default accounting
authority of last resort. Given both the
lack of record support for developing a
formula to spread undesignated
messages among several private
accounting authorities, and the lack of
accounting authorities coming forward
on the record to offer to settle accounts
for affected users, the Commission finds
no basis for exploring the option further.
The Commission notes, moreover, that
one option it considered—to allow
customers to designate an accounting
authority on every message in lieu of
pre-subscribing to an accounting
authority—is not technically feasible,
because the accounting authority is
selected by the user when the device is
activated for service in the first instance,
not prior to each call. The Commission
also states that Inmarsat is the
underlying service provider for the
majority of non-governmental entities
who will be impacted by the FCC’s
withdrawal. Reassigning all users to
COMSAT as accounting authority was
not one of the proposals on which the
Commission sought comments, and the
Commission finds no record support
from any users for a wholesale transfer
of the settlement of their accounts to
COMSAT or any other private
accounting authority.
4. The Commission is not persuaded
that there is a compelling need to
engage in either a comparative selection
or procurement process to select a new
accounting authority of last resort.
Given the small number of current users
of the FCC’s accounting authority, the
availability of numerous private
accounting authorities from which to
choose, and the fact that no new
terminals have been activated with the
FCC as accounting authority in the past
five years, the Commission finds there
is no compelling need to designate a
new accounting authority of last resort.
Moreover, there is little benefit in
procuring an alternative accounting
authority for the few remaining terminal
holders using the FCC as their
accounting authority that would
outweigh the administrative burden and
cost of conducting further proceedings
to determine how best to select an
accounting authority of last resort,
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conducting such selection or
procurement process, and then
continuing to manage whichever vendor
is chosen. For the same reasons the
Commission has decided to withdraw as
an accounting authority, it finds that it
should not then ‘‘re-enter’’ by selecting
or contracting with a private entity to
take the FCC’s place, when there are
private accounting authorities—
competitive alternatives—from which
terminal holders may choose their
preferred accounting authority. Instead,
based on the record in the proceeding,
the Commission finds that the more
reasonable approach is to provide ample
notice and time to allow users to select
their preferred accounting authority.
The Commission finds that this will
ensure the continuity of lifesaving
maritime communications services.
5. Commenters generally have noted
that one year is the minimum amount of
time that would be required for the
Commission to conduct outreach and
for terminal holders that currently use
the Commission as their accounting
authority to migrate their terminals to a
new accounting authority of their
choice. Given the long pendency of the
proceeding and the Commission’s
repeated proposal, from 1998 to 2018, to
withdraw as an accounting authority,
the vast majority of users already have
effectuated such transition. The
Commission notes that, for
governmental users with large accounts
and multiple terminals, such transition
efforts have been ongoing for some time,
even in the absence of a specific
transition plan or definitive timing; the
Commission finds that one year is
sufficient notice to such users of the
need to complete the transition of their
terminals to a new accounting authority,
and one year is ample notice to private
users of single terminals of the need to
select a new accounting authority.
6. The Commission directs its staff to,
within 120 days of the release of the
Second Report and Order, finalize and
announce a transition and outreach plan
of no more than one year from the date
of announcement, which the
Commission finds is sufficient time for
affected users to contract with an
accounting authority of their choice and
to perform the necessary
recommissioning of their terminals. The
broad outlines of the transition plan
shall be as follows: The Commission
will continue to act as the accounting
authority for terminals currently
subscribed to US01 for one year after the
plan is announced. After that one-year
period, the Commission will stop
performing the functions of an
accounting authority and will formally
withdraw as an accounting authority;
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8995
AAIC US01 will be deactivated. At any
time before the end of the transition
period, but no later than the last day of
the transition period, users that have
relied on the Commission as an
accounting authority will need to
affirmatively select an accounting
authority, contract with such entity as
their new accounting authority, and
reactivate/recommission their
terminal(s) with the AAIC of their
selected accounting authority. A failure
to do so could render such users unable
to transmit maritime communications
other than distress signals.
7. Commission staff will work with
stakeholders to effectuate the transition
and facilitate the selection of new
accounting authorities for terminals
currently subscribed to US01. Given the
Coast Guard’s concern regarding
Inmarsat-C terminal holders, the
Commission also directs staff to work
with Inmarsat to notify all Inmarsat-C
terminal holders of the need to select a
new accounting authority. The
Commission further directs staff, when
formulating the transition plan, to take
into account the safety concerns of the
Coast Guard, and to coordinate with the
Coast Guard to ensure that the message
to potentially affected users is clear and
disseminated in multiple ways to reach,
to the extent feasible, all affected
terminal users. The outreach plan shall
include, at a minimum, direct
notification to every terminal holder,
governmental and non-governmental,
that has used the FCC as an accounting
authority since January 1, 2016. The
Commission states that because this
would capture the past three years of
terminal use/activity from terminals that
have the FCC as their designated
accounting authority, this should be an
adequate length of time to form a
representative picture of which terminal
holders continue to rely on the
Commission as their accounting
authority. Moreover, since any terminals
not in use in the past three years are
more likely to be those of infrequent
personal users, the outreach that the
Commission requires as part of the
transition plan will also notify all
Inmarsat-C terminal holders via
messaging over the terminal itself,
regardless of whether the FCC has
received billing for such terminal in the
past three years. The Commission’s
outreach plan shall also include one or
more enhanced group call messages to
Inmarsat-C terminal holders notifying
them of the requirement to select a new
accounting authority; any other feasible
direct notification to all Inmarsat-C
terminal holders in a manner developed
collaboratively with Inmarsat and the
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Coast Guard; and broad outreach via
public notices and other means to
provide clear notice to all potentially
affected users.
8. Beyond commenting on the
withdrawal of the FCC as accounting
authority and the associated transition,
the Coast Guard asks that the FCC set
forth precise procedures for mariners to
file complaints with the FCC should
they encounter discriminatory treatment
or unreasonably high rates from an
accounting authority. The Commission
notes, however, that procedures already
exist for the filing of complaints
regarding any violation of the
Commission’s rules and/or for a
determination of whether a practice
comports with the Commission’s rules,
so no new procedures need be put in
place. Specifically, 47 CFR 3.10(e)
states, ‘‘Applicants [accounting
authorities] must offer their services to
any member of the public making a
reasonable request therefor, without
undue discrimination against any
customer or class of customer,’’ and
must charge ‘‘reasonable and nondiscriminatory’’ fees for service. In
addition, the Commission believes 47
CFR 3.52 adequately addresses
procedures for resolving complaints and
inquiries regarding accounting
authorities. The Commission does,
however, direct the staff, as part of its
outreach efforts, to coordinate with the
Coast Guard and provide guidance to
terminal holders regarding how to file
complaints and where to go for more
information on Commission complaint
procedures.
9. Finally, the Commission finds that
the code US01 should, after
deactivation, be retained by the
Commission and not reassigned except
upon review and approval by the
Commission. This will allow for the
potential assignment of the code to
another governmental agency, should
such need arise, and will prevent the
code from being reassigned for use
without the full knowledge of the
Commission. Given the historic use of
this code by various governmental users
and potentially sensitive information
associated with such governmental
users, the Commission finds that this
code should not be made available for
reassignment to private accounting
authorities. The Commission finds that
protection of the US01 accounting code
will reduce confusion and prevent the
inadvertent provision of confidential or
sensitive information without the
knowledge or consent of terminal
holders; therefore, it finds continued
reservation of this code is in the public
interest. The Commission instructs staff
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to take appropriate steps to ensure these
protections are put in place.
II. Procedural Matters
A. Final Regulatory Flexibility Analysis
10. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission prepared and
properly published an Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
small entities of the proposed policies
and rules proposed. No written
comments were received on the IRFA.
Thus, the Commission prepared a Final
Regulatory Flexibility Analysis (FRFA)
of the possible significant economic
impact on small entities of the policies
and rules.
1. Need for, and Objectives of, the Rules
11. In the Second Report and Order,
the Commission concludes that it will
withdraw as an accounting authority in
the maritime mobile and maritime
mobile-satellite radio services. The
Commission concludes that a 120-day
period is appropriate to permit the
preparation of a transition plan in
coordination with the United States
Coast Guard and industry, and a oneyear transition period to implement that
plan is sufficient to ensure a smooth,
non-disruptive transition to private
accounting authorities.
2. Legal Basis
12. The Second Report and Order is
adopted pursuant to sections 4(i), 4(j),
11, 201–205 and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), 161,
201–205 and 303(r).
3. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
13. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments.
14. The Chief Counsel did not file any
comments in response to the proposed
rules in the proceeding.
4. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
15. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the rules and policies. The RFA
generally defines the term ‘‘small
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entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
16. The action taken in the Second
Report and Order will transition the
Commission’s accounting authority to
one or more entities providing accountsettlement services for maritime mobile
and maritime mobile-satellite radio
services. Small businesses may be able
to become accounting clearinghouses, as
the establishment of such a function
does not appear to involve high
implementation costs. The transition
also applies to existing maritime mobile
and maritime satellite customers who
have not presubscribed to a private U.S.
accounting authority and are, therefore,
billed through the FCC as the
accounting authority of last resort. An
estimated thirty small entities were
billed for traffic by the FCC as an
accounting authority in 2016. The
transition to a new accounting authority
does not appear to involve high
implementation costs for such entities.
5. Reporting, Recordkeeping, and Other
Compliance Requirements for Small
Entities
17. The action taken in the Second
Report and Order will not affect the
existing reporting, recordkeeping, or
other compliance requirements of those
entities already certified and those
applying for certification as a private
accounting authority pursuant to Part 3
of the Commission’s rules.
6. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
18. The Commission is transitioning
its functions and duties as an
accounting authority to private
accounting authorities. There is
minimal impact on small entities, and
affected small entities will be given
ample time to effectuate the transition
for any terminal for which they had
prescribed the Commission as the
accounting authority. No alternatives
have been identified that would lessen
the economic impact on small entities
while remaining consistent with the
objectives of the proceeding. Moreover,
the Commission will conduct, in
coordination with the United States
Coast Guard and other stakeholders, as
appropriate, extensive outreach to
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inform and minimize impact on all
affected entities, including small
entities.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
B. Paperwork Reduction Analysis
19. The Second Report and Order
does not contain any new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, it does not contain any new or
modified information collection burden
for small business concerns with fewer
than 25 employees, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198.
C. Congressional Review Act
20. The Commission will send a copy
of the Second Report and Order in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act (CRA).
III. Ordering Clauses
21. It is ordered that pursuant to
sections 4(i), 4(j), 11, 201–205 and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
154(j), 161, 201–205 and 303(r), the
Second Report and Order is adopted.
22. It is further ordered that the
actions taken in the Second Report and
Order will become effective April 12,
2019.
23. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Second Report and Order, including
the Final Regulatory Flexibility Analysis
to the Chief Counsel for Advocacy of the
Small Business Administration.
24. It is further ordered that the
Second Report and Order shall be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Federal Communications Commission.
Marlene Dortch,
Secretary.
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50 CFR Part 622
[Docket No. 120404257–3325–02]
RIN 0648–XG850
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2019
Commercial Accountability Measure
and Closure for South Atlantic Golden
Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure for the
commercial longline component for
golden tilefish in the exclusive
economic zone (EEZ) of the South
Atlantic. Commercial longline landings
for golden tilefish are projected to reach
the longline component’s commercial
quota on March 14, 2019. Therefore,
NMFS closes the commercial longline
component of golden tilefish in the
South Atlantic EEZ on March 14, 2019,
at 12:01 a.m., local time. This closure is
necessary to protect the golden tilefish
resource.
DATES: This temporary rule is effective
from 12:01 a.m., local time, March 14,
2019, until 12:01 a.m., local time,
January 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial golden tilefish sector
has two components, each with its own
quota: The longline and hook-and-line
components (50 CFR 622.190(a)(2)). The
commercial tilefish annual catch limit
(ACL) is allocated 75 percent to the
longline component and 25 percent to
the hook-and-line component. On
January 2, 2018, NMFS published a final
temporary rule to implement interim
SUMMARY:
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8997
measures reduce overfishing of golden
tilefish in Federal waters of the South
Atlantic (83 FR 65). These interim
measures, which were originally
effective through July 1, 2018, and were
extended through January 3, 2019, (83
FR 28387; June 16, 2018), reduced the
total ACL, the commercial and
recreational ACLS, and the commercial
quotas for the hook-and-line and
longline components. On December 4,
2018, NMFS published a final rule (83
FR 62508) that implemented Regulatory
Amendment 28 to the FMP, which
revised the commercial and recreational
ACLs for golden tilefish. The
commercial ACL was revised from
323,000 lb (146,510 kg) gutted weight, to
331,740 lb (150,475 kg) gutted weight,
and the longline component quota was
revised from 234,982 (106,586 kg) to
248,805 lb (112,856 kg) gutted weight.
Although these ACL revisions are
increases over the ACLs set by the
interim rule, they are still decreases
relative to the ACLs that were in effect
before the interim rule.
Under 50 CFR 622.193(a)(1)(ii), NMFS
is required to close the commercial
longline component for golden tilefish
when the longline component’s
commercial quota has been reached or
is projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. After the
commercial quota for the longline
component is reached or is projected to
be reached, golden tilefish may not be
commercially fished or possessed by a
vessel with a golden tilefish longline
endorsement. NMFS has determined
that the commercial quota for the golden
tilefish longline component in the South
Atlantic will be reached on March 14,
2019. Accordingly, the commercial
longline component of South Atlantic
golden tilefish is closed effective at
12:01 a.m., local time, March 14, 2019.
During the commercial longline
closure, golden tilefish may still be
harvested commercially using hookand-line gear. However, a vessel with a
golden tilefish longline endorsement is
not eligible to fish for or possess golden
tilefish using hook-and-line gear under
the hook-and-line commercial trip limit,
as specified in 50 CFR 622.191(a)(2)(ii).
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish with golden tilefish
on board must have landed and
bartered, traded, or sold such golden
tilefish prior to 12:01 a.m., local time,
on March 14, 2019. During the
commercial longline closure, the
recreational bag limit and possession
limits specified in 50 CFR
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]]>Agencies
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8994-8997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04568]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 3
[IB Docket No. 98-96; FCC 18-186]
1998 Biennial Regulatory Review--Withdrawal of the Commission as
an Accounting Authority in the Maritime Mobile and Maritime Mobile-
Satellite Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(``Commission'' or ``FCC'') instructs Commission staff to, within 120
days, consult with Federal stakeholders, including the United States
Coast Guard (Coast Guard), and to work with service providers to
finalize and announce a plan to transition the functions and duties
performed by the Commission as an accounting authority for those
customers in the maritime mobile and maritime mobile-satellite radio
services that have not otherwise designated any such accounting
authority. In the Second Report and Order, the Commission provides a
substantial transition period of up to one year following announcement
of the transition plan to ensure an orderly transfer of the
Commission's accounting authority duties to private authorities.
DATES: Effective April 12, 2019.
FOR FURTHER INFORMATION CONTACT: Dana Shaffer, Deputy Bureau Chief and
Chief of Staff, Wireless Telecommunications Bureau, (202) 418-0832,
email Dana.Shaffer@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order, IB Docket No. 98-96; FCC 18-186, adopted December 18,
2018 and released December 21, 2018. The full text of this document is
available for inspection and copying during business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. Copies may be obtained via the Commission's
Electronic Comment Filing System by entering the IB docket number 98-96
and is available on the FCC's website at https://www.fcc.gov.
Synopsis
I. Second Report and Order
1. In the Second Report and Order, the Commission adopts a proposal
to transition the functions and duties performed by the FCC as an
accounting authority. The Commission refers to this default function as
the accounting authority of last resort, and it finds that the public
interest would be better served by relying upon private accounting
authorities to perform the accounting authority of last resort
function. The Commission notes that such private authorities are
certified under part 3 of the Commission's rules and operate under the
Commission's regulatory oversight.
2. The Commission concludes that the record in the proceeding
supports a renewed decision to withdraw as the accounting authority of
last resort and to provide users with a definitive timeframe within
which to transition to a new accounting authority of their choosing.
All commenters supported the Commission's proposal to withdraw
completely as an accounting authority. The unanimous support is a
change from 1999, and it reflects that, in 2018, not only are there
sufficient private accounting authorities available to settle accounts,
but there also has been a significant reduction in reliance on the FCC
as an accounting authority. Given this reduction in reliance on the FCC
and the reduced volume of customers who may be affected when the
Commission withdraws as accounting authority, as well as the presence
of a functioning market for this service that will mitigate the adverse
impact of the FCC's withdrawal, the Commission finds that the best
alternative is for its withdrawal as an accounting authority. The
Commission continues to believe that it remains the basic
responsibility of the user, whether a private or governmental entity,
to designate an accounting authority to handle its calls.
3. The Commission is not persuaded that it should name COMSAT as
the default accounting authority of last resort. No party other than
COMSAT urged the FCC to take such a step; in fact, other commenters,
notably the Coast Guard, supported the Commission's proposal to require
users to select a new accounting authority,
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provided the Commission ensures users are given adequate notice and
time to put in place arrangements with another accounting authority.
The Commissions finds no record support from users for a wholesale
transfer of the settlement of the accounts of terminal holders
currently subscribed to US01 to COMSAT or any other private accounting
authority. Moreover, Inmarsat adamantly opposes designation of a
default accounting authority of last resort. Given both the lack of
record support for developing a formula to spread undesignated messages
among several private accounting authorities, and the lack of
accounting authorities coming forward on the record to offer to settle
accounts for affected users, the Commission finds no basis for
exploring the option further. The Commission notes, moreover, that one
option it considered--to allow customers to designate an accounting
authority on every message in lieu of pre-subscribing to an accounting
authority--is not technically feasible, because the accounting
authority is selected by the user when the device is activated for
service in the first instance, not prior to each call. The Commission
also states that Inmarsat is the underlying service provider for the
majority of non-governmental entities who will be impacted by the FCC's
withdrawal. Reassigning all users to COMSAT as accounting authority was
not one of the proposals on which the Commission sought comments, and
the Commission finds no record support from any users for a wholesale
transfer of the settlement of their accounts to COMSAT or any other
private accounting authority.
4. The Commission is not persuaded that there is a compelling need
to engage in either a comparative selection or procurement process to
select a new accounting authority of last resort. Given the small
number of current users of the FCC's accounting authority, the
availability of numerous private accounting authorities from which to
choose, and the fact that no new terminals have been activated with the
FCC as accounting authority in the past five years, the Commission
finds there is no compelling need to designate a new accounting
authority of last resort. Moreover, there is little benefit in
procuring an alternative accounting authority for the few remaining
terminal holders using the FCC as their accounting authority that would
outweigh the administrative burden and cost of conducting further
proceedings to determine how best to select an accounting authority of
last resort, conducting such selection or procurement process, and then
continuing to manage whichever vendor is chosen. For the same reasons
the Commission has decided to withdraw as an accounting authority, it
finds that it should not then ``re-enter'' by selecting or contracting
with a private entity to take the FCC's place, when there are private
accounting authorities--competitive alternatives--from which terminal
holders may choose their preferred accounting authority. Instead, based
on the record in the proceeding, the Commission finds that the more
reasonable approach is to provide ample notice and time to allow users
to select their preferred accounting authority. The Commission finds
that this will ensure the continuity of lifesaving maritime
communications services.
5. Commenters generally have noted that one year is the minimum
amount of time that would be required for the Commission to conduct
outreach and for terminal holders that currently use the Commission as
their accounting authority to migrate their terminals to a new
accounting authority of their choice. Given the long pendency of the
proceeding and the Commission's repeated proposal, from 1998 to 2018,
to withdraw as an accounting authority, the vast majority of users
already have effectuated such transition. The Commission notes that,
for governmental users with large accounts and multiple terminals, such
transition efforts have been ongoing for some time, even in the absence
of a specific transition plan or definitive timing; the Commission
finds that one year is sufficient notice to such users of the need to
complete the transition of their terminals to a new accounting
authority, and one year is ample notice to private users of single
terminals of the need to select a new accounting authority.
6. The Commission directs its staff to, within 120 days of the
release of the Second Report and Order, finalize and announce a
transition and outreach plan of no more than one year from the date of
announcement, which the Commission finds is sufficient time for
affected users to contract with an accounting authority of their choice
and to perform the necessary recommissioning of their terminals. The
broad outlines of the transition plan shall be as follows: The
Commission will continue to act as the accounting authority for
terminals currently subscribed to US01 for one year after the plan is
announced. After that one-year period, the Commission will stop
performing the functions of an accounting authority and will formally
withdraw as an accounting authority; AAIC US01 will be deactivated. At
any time before the end of the transition period, but no later than the
last day of the transition period, users that have relied on the
Commission as an accounting authority will need to affirmatively select
an accounting authority, contract with such entity as their new
accounting authority, and reactivate/recommission their terminal(s)
with the AAIC of their selected accounting authority. A failure to do
so could render such users unable to transmit maritime communications
other than distress signals.
7. Commission staff will work with stakeholders to effectuate the
transition and facilitate the selection of new accounting authorities
for terminals currently subscribed to US01. Given the Coast Guard's
concern regarding Inmarsat-C terminal holders, the Commission also
directs staff to work with Inmarsat to notify all Inmarsat-C terminal
holders of the need to select a new accounting authority. The
Commission further directs staff, when formulating the transition plan,
to take into account the safety concerns of the Coast Guard, and to
coordinate with the Coast Guard to ensure that the message to
potentially affected users is clear and disseminated in multiple ways
to reach, to the extent feasible, all affected terminal users. The
outreach plan shall include, at a minimum, direct notification to every
terminal holder, governmental and non-governmental, that has used the
FCC as an accounting authority since January 1, 2016. The Commission
states that because this would capture the past three years of terminal
use/activity from terminals that have the FCC as their designated
accounting authority, this should be an adequate length of time to form
a representative picture of which terminal holders continue to rely on
the Commission as their accounting authority. Moreover, since any
terminals not in use in the past three years are more likely to be
those of infrequent personal users, the outreach that the Commission
requires as part of the transition plan will also notify all Inmarsat-C
terminal holders via messaging over the terminal itself, regardless of
whether the FCC has received billing for such terminal in the past
three years. The Commission's outreach plan shall also include one or
more enhanced group call messages to Inmarsat-C terminal holders
notifying them of the requirement to select a new accounting authority;
any other feasible direct notification to all Inmarsat-C terminal
holders in a manner developed collaboratively with Inmarsat and the
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Coast Guard; and broad outreach via public notices and other means to
provide clear notice to all potentially affected users.
8. Beyond commenting on the withdrawal of the FCC as accounting
authority and the associated transition, the Coast Guard asks that the
FCC set forth precise procedures for mariners to file complaints with
the FCC should they encounter discriminatory treatment or unreasonably
high rates from an accounting authority. The Commission notes, however,
that procedures already exist for the filing of complaints regarding
any violation of the Commission's rules and/or for a determination of
whether a practice comports with the Commission's rules, so no new
procedures need be put in place. Specifically, 47 CFR 3.10(e) states,
``Applicants [accounting authorities] must offer their services to any
member of the public making a reasonable request therefor, without
undue discrimination against any customer or class of customer,'' and
must charge ``reasonable and non-discriminatory'' fees for service. In
addition, the Commission believes 47 CFR 3.52 adequately addresses
procedures for resolving complaints and inquiries regarding accounting
authorities. The Commission does, however, direct the staff, as part of
its outreach efforts, to coordinate with the Coast Guard and provide
guidance to terminal holders regarding how to file complaints and where
to go for more information on Commission complaint procedures.
9. Finally, the Commission finds that the code US01 should, after
deactivation, be retained by the Commission and not reassigned except
upon review and approval by the Commission. This will allow for the
potential assignment of the code to another governmental agency, should
such need arise, and will prevent the code from being reassigned for
use without the full knowledge of the Commission. Given the historic
use of this code by various governmental users and potentially
sensitive information associated with such governmental users, the
Commission finds that this code should not be made available for
reassignment to private accounting authorities. The Commission finds
that protection of the US01 accounting code will reduce confusion and
prevent the inadvertent provision of confidential or sensitive
information without the knowledge or consent of terminal holders;
therefore, it finds continued reservation of this code is in the public
interest. The Commission instructs staff to take appropriate steps to
ensure these protections are put in place.
II. Procedural Matters
A. Final Regulatory Flexibility Analysis
10. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission prepared and properly published an
Initial Regulatory Flexibility Analysis (IRFA) of the possible
significant economic impact on small entities of the proposed policies
and rules proposed. No written comments were received on the IRFA.
Thus, the Commission prepared a Final Regulatory Flexibility Analysis
(FRFA) of the possible significant economic impact on small entities of
the policies and rules.
1. Need for, and Objectives of, the Rules
11. In the Second Report and Order, the Commission concludes that
it will withdraw as an accounting authority in the maritime mobile and
maritime mobile-satellite radio services. The Commission concludes that
a 120-day period is appropriate to permit the preparation of a
transition plan in coordination with the United States Coast Guard and
industry, and a one-year transition period to implement that plan is
sufficient to ensure a smooth, non-disruptive transition to private
accounting authorities.
2. Legal Basis
12. The Second Report and Order is adopted pursuant to sections
4(i), 4(j), 11, 201-205 and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 154(j), 161, 201-205 and 303(r).
3. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
13. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel for Advocacy of the Small Business Administration
(SBA), and to provide a detailed statement of any change made to the
proposed rules as a result of those comments.
14. The Chief Counsel did not file any comments in response to the
proposed rules in the proceeding.
4. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
15. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the rules and policies. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
16. The action taken in the Second Report and Order will transition
the Commission's accounting authority to one or more entities providing
account-settlement services for maritime mobile and maritime mobile-
satellite radio services. Small businesses may be able to become
accounting clearinghouses, as the establishment of such a function does
not appear to involve high implementation costs. The transition also
applies to existing maritime mobile and maritime satellite customers
who have not presubscribed to a private U.S. accounting authority and
are, therefore, billed through the FCC as the accounting authority of
last resort. An estimated thirty small entities were billed for traffic
by the FCC as an accounting authority in 2016. The transition to a new
accounting authority does not appear to involve high implementation
costs for such entities.
5. Reporting, Recordkeeping, and Other Compliance Requirements for
Small Entities
17. The action taken in the Second Report and Order will not affect
the existing reporting, recordkeeping, or other compliance requirements
of those entities already certified and those applying for
certification as a private accounting authority pursuant to Part 3 of
the Commission's rules.
6. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
18. The Commission is transitioning its functions and duties as an
accounting authority to private accounting authorities. There is
minimal impact on small entities, and affected small entities will be
given ample time to effectuate the transition for any terminal for
which they had prescribed the Commission as the accounting authority.
No alternatives have been identified that would lessen the economic
impact on small entities while remaining consistent with the objectives
of the proceeding. Moreover, the Commission will conduct, in
coordination with the United States Coast Guard and other stakeholders,
as appropriate, extensive outreach to
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inform and minimize impact on all affected entities, including small
entities.
B. Paperwork Reduction Analysis
19. The Second Report and Order does not contain any new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, it does
not contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198.
C. Congressional Review Act
20. The Commission will send a copy of the Second Report and Order
in a report to be sent to Congress and the Government Accountability
Office pursuant to the Congressional Review Act (CRA).
III. Ordering Clauses
21. It is ordered that pursuant to sections 4(i), 4(j), 11, 201-205
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 161, 201-205 and 303(r), the Second Report and Order is
adopted.
22. It is further ordered that the actions taken in the Second
Report and Order will become effective April 12, 2019.
23. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Report and Order, including the Final Regulatory
Flexibility Analysis to the Chief Counsel for Advocacy of the Small
Business Administration.
24. It is further ordered that the Second Report and Order shall be
sent to Congress and the Government Accountability Office pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-04568 Filed 3-12-19; 8:45 am]
BILLING CODE 6712-01-P
