[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31719]


[Federal Register: December 28, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter 1


Regulatory Flexibility Act Plan for Periodic Review of the 
Commission's Rules and Regulations

AGENCY: Federal Communications Commission.

ACTION: Advance notice of proposed rule making.

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SUMMARY: This action establishes a plan for the review of FCC 
regulations pursuant to the requirements of the Regulatory Flexibility 
Act of 1980 (94 Stat. 1164, Public Law 96-354, September 19, 1980) 5 
U.S.C. Sec. 610. The Appendix specifies the Commission's rules that 
will be reviewed during calendar year 1995. Any revision to this plan 
will be published in the Federal Register.

DATES: Comments on the rules chosen for review are due February 27, 
1995.

ADDRESSES: Comments should be submitted to: Secretary, Federal 
Communications Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
Terry Johnson, Office of Managing Director, (202) 418-0445.

SUPPLEMENTARY INFORMATION: Pursuant to the published plan, specific 
regulations which may require amendment or rescission will be published 
and provision will be made for comments by interested parties.
    1. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
Sec. 610, the Commission hereby publishes this plan for the review of 
all rules issued by the agency in calendar year 1985 which have, or 
will have, a significant economic impact on a substantial number of 
small entities. The purpose of the review will be to determine whether 
such rules should by continued without change, or should be amended or 
rescinded, consistent with the stated objectives of applicable 
statutes, to minimize any significant economic impact of such rules 
upon a substantial number of small entities.
    2. The accompanying Appendix lists the FCC regulations to be 
reviewed during calendar year 1995. In succeeding years, lists will be 
published for the review of regulations promulgated ten years preceding 
the year of review.
    3. In reviewing each rule under this plan to minimize significant 
economic impact on small entities consistent with the stated objectives 
of applicable statutes, the FCC will consider the following factors:
    (1) The continued need for the rule;
    (2) The nature of complaints or comments received concerning the 
rule from the public;
    (3) The complexity of the rule;
    (4) 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
    (5) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    4. Appropriate information has been provided for each rule 
including a brief description of the rule and the need for and legal 
basis of the rule. Pursuant to the Regulatory Flexibility Act, the 
public is invited to comment on the rules chosen for review within 60 
days from December 28, 1994. All relevant and timely comments will be 
considered by the Commission before final action is taken in this 
proceeding. To file formally in this proceeding, participants must file 
an original and four copies of all comments. If participants wish each 
Commissioner to have a personal copy of their comments, an original 
plus nine copies must be filed. Comments should be sent to the Office 
of the Secretary, Federal Communications Commission, Washington, DC 
20554. Comments will be available for public inspection during regular 
business hours in the FCC Reference Center (room 239) of the Federal 
Communications Commission, 1919 M Street, NW., Washington, DC 20554.
    5. It is ordered that, the Secretary shall send a copy of this 
notice to the Chief Counsel for Advocacy of the Small Business 
Administration pursuant to the Regulatory Flexibility Act. Pub. L. No. 
96-354, Stat. 1164, 5 U.S.C. Sec. 601 et seq. (1981).

Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.

Appendix--List of Rules for Review Pursuant to Section 610(c) of the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 610(c) for 1995

Office of Engineering and Technology

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

Subpart A--Terminology

    Need: These rules define terms used in this rules section.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

2.1  Terms and definitions.

Subpart B--Allocations, Assignments, and Use of Radio Frequencies

    Need: These rules provide for the allocation of radio spectrum.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

2.106  Table of Frequency Allocations.

Subpart I--Marketing of Radiofrequency Devices

    Need: These rules provide for authorization of radiofrequency 
devices.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

2.809 Exemption for ISM equipment.

Subpart J--Equipment Authorization Procedures

    Need: These rules provide for authorization of radio frequency 
devices.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

2.977 Changes in notified equipment.
2.983 Application for type acceptance.
2.1001 Changes in type accepted equipment.
2.1033 Application for certification.

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

Subpart A--General Information

    Need: These rules prescribe guidelines for the Industrial, 
Scientific, and Medical service.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

18.101 Basis and purpose.
18.103 Organization and applicability of the rules.
18.105 Other applicable rules.
18.107 Definitions.
18.109 General technical requirements.
18.111 General operating conditions.
18.113 Inspection by Commission representatives.
18.115 Elimination and investigation of harmful interference.
18.117 Report of interference investigation.
18.119 Importation.

Subpart B--Applications & Authorizations

    Need: These rules prescribe the qualifications required for the 
Industrial, Scientific, and Medical service.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

18.201 Scope.
18.203 Equipment authorization.
18.205 Description of measurement facilities.
18.207 Technical report.
18.209 Identification of authorized equipment.
18.211 Multiple listing of a device.
18.213 Information to the user.

Subpart C--Technical Standards

    Need: These rules prescribe rules for equipment used in the 
Industrial, Scientific, and Medical service.
    Legal Basis: 47 U.S.C. Secs. 154, 302, 303

Section Number and Title Description:

18.301 Operation frequencies.
18.303 Prohibited frequency bands.
18.305 Radiation limits.
18.307 Conduction limits.
18.309 Frequency range of measurements.
18.311  Methods of measurements.

Common Carrier Bureau

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

Subpart B--Applications and Licenses

    Need: These rules describe general application filing requirements 
for licenses in the Domestic Public Fixed Radio Services.
    Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.28  Dismissal and return of applications
21.29  Ownership changes and agreements to amend or to dismiss 
applications or pleadings
21.30  Opposition to applications
21.31  Mutually exclusive applications
21.32  Consideration of applications
21.35  Comparative evaluation of mutually exclusive applications

Subpart C--Technical Standards

    Need: These rules prescribe technical operating standards for 
stations in the Domestic Public Fixed Radio Services.
    Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.108  Directional Antennas
21.113  Quiet zones

Subpart I--Point-to-Point Microwave Radio Service

    Need: This rule describes operating parameters for Point-to-Point 
Microwave Radio Service licensees.
    Legal Basis: 47 U.S.C. Secs. 154, 303, 397-310

Section Number and Title Description:

21.703  Bandwidth and emission limitations

Subpart J--Local Television Transmission Service

    Need: This rule describes operating parameters for Local Television 
Transmission Service licensees.
    Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.801  Frequencies

Mass Media Bureau

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

    Need: These rules contain operating procedures and technical 
requirements for AM radio stations.
    Legal Basis: 47 U.S.C. 154, 303, 334

Section Number and Title Description:

73.61  AM directional antenna field strength measurements.
73.62  Directional antenna system tolerances.
73.154  AM directional antenna partial proof of performances 
measurements.
73.157  Antenna testing during daytime.

Subpart C--Noncommercial Educational FM Broadcast Stations

    Need: These rules contain operating procedures and technical 
requirements for noncommercial educational FM radio stations.
    Legal Basis: 47 U.S.C. 154, 303, 334

Section Number and Title Description:

73.509  Prohibited overlap.
73.511  Power and antenna height requirements.
73.525  TV Channel 6 protection.
73.599  NCE-FM engineering charts.

Subpart E--Television Broadcast Stations

    Need: These rules contain operating procedures and technical 
requirements for broadcast television stations.
    Legal Basis: 47 U.S.C. 154, 303, 334

Section Number and Title Description:

73.615  Administrative changes in authorizations.
73.646  Telecommunications Service on the Vertical Blanking 
Interval.

Subpart H--Rules Applicable To All Broadcast Stations

    Need: These rules contain operating procedures and technical 
requirements for all types of broadcast stations.
    Legal Basis: 47 U.S.C. 154, 303, 334.

Section Number and Title Description:

73.1635  Special temporary authorizations (STA).
73.3526  Local public inspection file of commercial stations.
73.3527  Local public inspection file of noncommercial educational 
stations.
73.3534  Applications for extension of construction permit to 
replace expired construction permit.
73.3535  Application to modify authorized but unbuilt facilities, or 
to assign or transfer control of an unbuilt facility.
73.3542  Application for emergency authorization.
73.3598  Period of construction.
73.3599  Forfeiture of construction permit.

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

Subpart E--Aural Broadcast Auxiliary Stations

    Need: These rules contain operating procedures and technical 
requirements for aural broadcast auxiliary stations.
    Legal Basis: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as 
amended; 47 U.S.C. 154, 303, 554.

Section Number and Title Description:

74.550  Equipment authorization.
74.562  Frequency monitors and measurements.

Subpart I--Instructional Television Fixed Service

    Need: These rules contain operating procedures and technical 
requirements for instructional television fixed service stations.
    Legal Basis: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as 
amended; 47 U.S.C. 154, 303, 554.

Section Number and Title Description:

74.910  Part 73 application requirements pertaining to ITFS 
stations.
74.911  Processing of ITFS station applications.
74.912  Petitions to deny.
74.913  Selection procedure for mutually exclusive ITFS 
applications.

Cable Services Bureau

PART 76--CABLE TELEVISION SERVICE

Subpart A--General

    Need: These rules provide definitions and procedures applicable to 
the provision of cable television service.
    Legal Basis: 47 U.S.C. Secs. 154, 303.

Section Number and Title Description:

76.11  Lockbox enforcement.

Subpart E--Equal Employment Opportunity Requirements

    Need: These rules implement the Cable Communications Policy Act of 
1984, which set a national cable equal employment opportunity policy.
    Legal Basis: 47 U.S.C. Secs. 154, 303.

Section Number and Title Description:

76.71  Scope of application.
74.73  General EEO policy.
74.75  EEO program requirements.
74.77  Reporting requirements.
74.79  Records available for public inspection.

Subpart I--Forms and Reports

    Need: These rules require cable operators to furnish and/or correct 
information requested by the Commission.
    Legal Basis: 47 U.S.C. Secs. 154, 303.

Section Number and Title Description:

73.403  Cable television system reports.

Subpart K--Technical Standards

    Need: These rules prescribe technical signal quality standards for 
cable television.
    Legal Basis: 47 U.S.C. Secs. 154, 303, 601.

Section Number and Title Description:

76.604  Technical standards.
76.610  Operation in the frequency bands 108-137 and 225-400 Mhz--
Scope of application.
76.611  Cable television basic signal leakage performance criteria.
76.612  Cable television frequency separation standards.
76.614  Cable television system regular monitoring.
76.615  Notification requirements.
76.616  Operation near certain aeronautical and marine emergency 
radio frequencies.
76.618  Grandfathering.
76.619  Grandfathered Operation in the frequency bands 108-136 and 
225-400 MHz.

PART 78--CABLE TELEVISION RELAY SERVICE

Subpart B--Applications and Licenses

    Need: These rules prescribe the licensing, filing, and reporting 
requirements for applicants for and licensees of Cable Television Relay 
Service.
    Legal Basis: 47 U.S.C. Secs. 154, 303.

Section Number and Title Description:

78.15  Contents of applications.
78.19  Interference.
78.20  Acceptance of applications; public notice.
78.22  Objections to applications.
78.23  Equipment tests.
78.27  License conditions.
78.35  Assignment or transfer of control.

Subpart C--General Operating Requirements

    Need: These rules prescribe operation of CARS stations.
    Legal basis: 47 U.S.C. Secs. 151, 152, 301, 307.

Section Number and Title Description:

78.51  Remote control operation.
78.53  Unattended operation.
78.61  Operator requirements.
78.63  Inspection and maintenance of tower marking and association 
control equipment.
78.69  Station records.

Subpart D--Technical Regulations

    Need: These rules prescribe technical standards for CARS stations.
    Legal Basis: 47 U.S.C. Secs. 4(i), 301, 303r.

Section Number and Title Description:

78.105  Antenna systems.
78.107  Equipment and installation.
78.113  Frequency monitors and measurements.

[FR Doc. 94-31719 Filed 12-27-94; 8:45 am]
BILLING CODE 6712-01-M