[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Page 30532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15210]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 95-144; FCC 96-219]
UHF Noise Figure Performance Measurements
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this action, the Commission modified its rules to eliminate
the requirement that parties who manufacture, import or market
television receivers file reports concerning the UHF noise figure
performance of recently-introduced models. We found that the
requirement for the filing of UHF television noise figure performance
measurements had become obsolete and burdensome. By eliminating this
requirement we anticipate that the administrative burden on industry as
well as on the Commission will be greatly reduced without any
deterioration of the television receiver compliance rate.
EFFECTIVE DATE: August 16, 1996.
FOR FURTHER INFORMATION CONTACT: Raymond A. LaForge at (202) 418-2417,
Office of Engineering and Technology.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted May 14, 1996, and released June 3, 1996. The full
text of this Commission decision is available for inspection and
copying during regular business hours in the FCC Reference Center (Room
239), 1919 M Street, NW, Washington, DC. The complete text of this
decision also may be purchased from the Commission's duplication
contractor, International Transcription Service, Inc., (202) 857-3800,
2100 M Street, N.W., Suite 140, Washington, D.C. 20037.
Summary of Report and Order
1. The Electronics Industry Association Consumer Electronics Group,
now known as the Consumer Electronics Manufacturers Association
(``CEMA''), petitioned the Commission to eliminate the requirement that
parties who manufacture, import or market television receivers file
reports concerning the UHF noise figure performance of television
receivers. On September 5, 1995, the Commission issued a Notice of
Proposed Rule Making (``NPRM''), 60 FR 49421, September 22, 1995,
proposing to eliminate the requirement that parties who manufacture,
import, or market television receivers file UHF television noise figure
measurement reports.
2. CEMA, the only entity to file comments and reply comments
supported the Commission's proposal to eliminate the UHF noise figure
reporting requirements stating that this initiative furthers the
Administration's regulatory reinvention goals by minimizing the
reporting burdens on business. It stated that both industry and
Commission resources could be redeployed for other business if the UHF
noise figure reporting requirement is eliminated.
3. CEMA also noted that the UHF noise figure reporting requirement
is inconsistent with the Commission's verification process. It states
that under this process manufacturers and importers of television
receivers must maintain records of the results of their tests, although
they are not required to submit sample products or test reports to the
Commission unless specifically requested by the Commission. However,
the UHF noise figure reporting requirement obligates manufacturers and
importers to compile test measurement data on UHF noise figures for
each model during the first year of its introduction and to file these
performance measurements with the Commission. CEMA maintained that the
requirement for filing this data is inconsistent with the concept of
self-approval, which is the heart of the verification process. CEMA
argued that the verification process and market forces are therefore
sufficient to ensure compliance with the UHF noise figure requirement.
Based on the record, we agree with CEMA that the filing of performance
measurement data is no longer necessary to ensure compliance with our
UHF noise figure requirement. Thus, we are amending our rules to
eliminate Section 15.117(g)(3).
4. Accordingly, it is ordered, that Part 15 of the Commission's
Rules and Regulations ARE AMENDED as specified below, effective August
16, 1996. The authority for issuance of this Report and Order is
contained in Sections 4(i), 302, 303 (c), (f), (g), and (r), and 309(a)
of the Communications Act of 1934, as amended, 47 U.S.C. Sections
154(i), 302, 303 (c), (f), (g), and (r).
Final Regulatory Flexibility Analysis
Pursuant to 5 U.S.C. Sec. 603, an Initial Regulatory Flexibility
Analysis was incorporated in the NPRM in ET Docket No. 95-144, FCC 95-
389, 60 FR 49421, September 22, 1995. Written comments on the proposal
in the NPRM, including the Regulatory Flexibility Analysis, were
requested. Only one comment and one reply comment were submitted by the
petitioner, CEMA.
1. Need for and Objective of Rules. Our objectives are to decrease
the administrative burden on manufacturers and importers by eliminating
the requirement for submission of performance data to demonstrate
compliance with the Commission's UHF noise figure requirement. We
believe this requirement is no longer necessary to ensure compliance.
Therefore, by eliminating the requirement for manufacturers and
importers to develop and file this data with the Commission, we expect
to greatly reduce the administrative burden on industry as well as on
the Commission.
2. Issues Raised by the Public in Response to the Initial Analysis.
The petitioner was the only party to offer comments to the proposal
raised in the NPRM, but the Initial Regulatory Flexibility Analysis was
not raised as an issue.
3. Any Significant Alternative Minimizing Impact on Small Entities
and Consistent with Stated Objectives. The alternative to amending Part
15 of the Commission's Rules is to continue the requirement that
performance data be filed with the Commission to demonstrate compliance
with the UHF noise figure requirement. However, this would result in a
missed opportunity to remove an unnecessary administrative burden on
industry.
List of Subjects in 47 CFR Part 15
Radio, Reporting and recordkeping requirements.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, Part 15, is amended as
follows:
PART 15--RADIO FREQUENCY DEVICES
1. The authority citation for Part 15 continues to read as follows:
Authority: Secs. 4, 302, 303, 304, 307 and 624A of the
Communications Act of 1934, as amended, 47 U.S.C. 154, 302, 303,
304, 307 and 544A.
2. Section 15.117 is amended by removing and reserving paragraph
(g)(3).
[FR Doc. 96-15210 Filed 6-14-96; 8:45 am]
BILLING CODE 6712-01-P