[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Proposed Rules]
[Pages 39800-39803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19783]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 3

[IB Docket No. 98-96, FCC 98-123]


1998 Biennial Regulatory Review of Accounts Settlements in the 
Maritime and Maritime Mobile-Satellite Radio Services and Withdrawal of 
the Commission as an Accounting Authority

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communication Commission adopted a Notice of

[[Page 39801]]

Proposed Rulemaking (NPRM) to streamline further the rules governing 
the regulation and authorization of private accounting authorities for 
maritime mobile, maritime satellite, aircraft, and hand-held terminal 
radio services. The Commission proposes to withdraw from its accounting 
authority function and instead to rely upon private accounting 
authorities, require private authorities to deal with the public in a 
non-discriminatory manner, and designate a new accounting authority of 
last resort. The Commission believes that its function as an accounting 
clearinghouse is no longer necessary and that its withdrawal from 
performing this function will serve the public interest. The proposals 
will benefit the public because they will promote competition in the 
settlement of maritime radio accounts.

DATES: Comments are due on or before August 24, 1998; and reply 
comments are due on or before September 9, 1998. Written comments by 
the public on the proposed information collections are due August 24, 
1998.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
1919 M Street, N.W., Room 222, Washington, D.C. 20554. A copy of any 
comments on the information collections contained herein should be 
submitted to Judy Boley, Federal Communications Commission, Room 234, 
1919 M St., N.W., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: John Copes, Attorney-Advisor, 
Multilateral and Development Branch, Telecommunications Division, 
International Bureau, (202) 418-1478. For additional information 
concerning the information collections contained in this NPRM contact 
John Copes at (202) 418-1478, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM, 
FCC 98-123, adopted on June 18, 1998, and released on July 17, 1998. 
The full text of this NPRM is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239) of 
the Federal Communications Commission, 1919 M Street, N.W., Washington, 
D.C. 20554. The complete text of this NPRM may also be purchased from 
the Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.

Summary of NPRM

    1. The Commission adopted an NPRM (FCC 98-123) proposing to 
withdraw from performing the functions of an accounting authority and 
to streamline the rules governing the regulation of private accounting 
authorities for maritime mobile, maritime satellite, aircraft, and 
hand-held terminal radio services. The Commission initiated this 
proceeding in response to section 11 of the Communications Act of 1934, 
which requires the Commission to review all regulations that apply to 
operations or activities of providers of telecommunications services 
and to repeal or modify any regulation that it determines to be no 
longer necessary in the public interest. Accordingly, the Commission 
has begun a comprehensive 1998 biennial review of telecommunications 
and other regulations that are overly burdensome or no longer serve the 
public interest. The Commission seeks comment on the proposals 
contained in this NPRM.
    2. In this proceeding, the Commission proposes to withdraw from 
performing the functions of an accounting authority including all 
services for which the FCC now provides clearinghouse service. The 
Commission will continue to operate as the administrator of all U.S.-
certified accounting authorities and the basic rules and procedures for 
applications, services, and procedures will continue to govern. Because 
other federal agencies have relied upon the FCC for settlements on 
their accounts, the Commission specifically requests the governmental 
agencies to comment on this proposal as to whether they have any 
special needs that would require it to continue to serve as a 
clearinghouse for governmental agencies.
    3. The Commission seeks comment on the proposal to amend section 
3.10(e) to require private accounting authorities to provide service to 
anyone making a reasonable request for service, without undue or unjust 
discrimination, and impose charges that are reasonable and non-
discriminatory. The rules already require that applicants for 
accounting authority certification serve the public on a reasonable and 
non-discriminatory basis. To make these obligations more explicit, the 
Commission proposes to amend the first sentence of Sec. 3.10(e) to read 
as follows:

    Section 3.10(e). Applicants 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 
charge reasonable and non-discriminatory fees for services.

This change does not alter the substance of the obligation already 
created by Section 3.10(e) but is intended only as a clarification that 
private entities have a duty to deal with the public in a non-
discriminatory manner.

    4. Historically, the FCC has acted as the accounting authority of 
last resort; that is foreign telecommunications operators have sent to 
the Commission all accounts where the customer has not designated a 
specific accounting authority. If the Commission withdraws from acting 
as an accounting authority, it will be necessary to provide an 
alternative mechanism. The Commission seeks comment on designating a 
new accounting authority of last resort. Some of the options include: 
designating a private accounting authority, requiring customers to pre-
subscribe to an accounting authority or to designate an authority on 
every message, or developing a formula for distributing messages 
without a designated authority among several private accounting 
authorities. While a formula would make it easier for the customer, and 
would yield a fair distribution of messages among authorities, it would 
require an administrator and could increase the cost of the accounts-
settlement function. The Commission seeks comment on this issue as 
well.
    5. The Commission also seeks comment on its proposal to allow 
``grandfathered'' entities, those which already held interim 
certification as accounting authorities, to continue their prior 
pattern of activities and exempt them from the requirement to deal with 
the public at large. In its 1996 Report and Order, 61 FR 20155 
(published May 6, 1996), adopting rules for certifying accounting 
authorities, the Commission created an exemption for one entity that 
had served as accounting authorities only because it owns and operates 
the vessels for which it settles charges. The Commission tentatively 
concludes that maintaining the status of this grandfathered entity and 
continuing to exempt it from the requirement to deal with the public at 
large will avoid working an unnecessary hardship on it since it does 
not seek or derive profit from performing the functions of an 
accounting authority. However, should all 25 Accounting Authority 
identification Codes (AAIC), be assigned and new codes become 
necessary, the Commission reserves the right to require this 
grandfathered entity to serve the public generally or to surrender its 
code for reassignment to an entity who will serve the public 
indiscriminately. The Commission proposes to retain this reservation in 
the regulation of private

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accounting authorities established in this proceeding.
    6. The Commission proposes to allow applicants with applications 
for accounting authority certification pending before it to amend their 
applications to conform to the new rules. The Commission tentatively 
concludes that the public interest would be served by giving applicants 
an opportunity to amend their applications by showing how they propose 
to fulfill the non-discrimination obligation and allowing the public 
top address these entities= ability to perform that function.
    7. The Commission proposes to amend the ``Application For 
Certification As An Accounting Authority,'' FCC Form 44 in the Maritime 
and Maritime Satellite Radio Service Regulations, so as to include a 
certification term of intent to conduct settlements on a non-
discriminatory basis. The FCC also proposes that all applicants with 
accounting-authority applications pending before the Commission amend 
their Form 44 submissions within 60 days after the release of a Report 
and Order in this proceeding specifically to affirm that they will 
serve all customers requesting their services on a non-discriminatory 
basis.

Ex Parte

    8. This is a non-restricted (i.e., permit-but-disclose) notice-and-
comment rulemaking proceeding. Ex parte presentations are permitted, 
except during the Sunshine Agenda period, provided that they are 
disclosed as provided in the Commission's rules. See generally 47 CFR 
1.1202, 1.1203, 1.1206. Persons making oral ex parte presentations are 
reminded that memorandums summarizing the presentations must contain 
summaries of the substance of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
See 47 CFR 1.1206(b)(2), as revised. Other rules pertaining to oral and 
written presentations are set forth in 1.1206(b) as well.

Regulatory Flexibility Act

    9. As required by section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
contained in the NPRM. The IRFA is set forth in the attached Rule 
Changes. Written public comments are requested on the IRFA. These 
comments must be filed in accordance with the same filing deadlines as 
comments on the rest of the NPRM, but they must have a separate and 
distinct heading designating them as responses to the Initial 
Regulatory Flexibility Analysis. The Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this NPRM, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administrations in 
accordance with paragraph 603(a) of the Regulatory Flexibility Act. 
Public Law 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981).

Initial Paperwork Reduction Act of 1995 Analysis

    10. This NPRM contains a proposed information collection. As part 
of the Commission's continuing effort to reduce paperwork burdens, it 
invites the general public and the Office of Management and Budget 
(OMB) to comment on the information collections contained in this NPRM, 
as required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments are due August 24, 1998. Comments should 
address: (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.

Notice and Comment Provision

    11. Pursuant to Section 1.415 of the Commission's Rules, 47 CFR 
1.415 (1997), interested persons may become parties to this proceeding 
by filing comments on these proposals on or before August 24, 1998, and 
reply comments on or before September 9, 1998. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding. In reaching its decision, the Commission may 
take into consideration information and ideas not contained in the 
comments, provided that such information or a writing indicating the 
nature and source of such information is placed in the public file, and 
provided that the Commission's reliance on such information is noted in 
the Report and Order.
    12. Parties in this proceeding may file comments and replies on 
paper or electronically. Under Section 1.419 of the Commission's Rules, 
47 CFR 1.419 those filing comments on paper must file an original and 
four copies of all comments, reply comments, and supporting documents. 
If parties want each Commissioner to receive a personal copy of their 
comments, they must file an original plus nine copies. Persons who wish 
to participate informally may submit two copies of their comments, 
stating thereon the docket number of this proceeding. Comments and 
reply comments should be sent to the Office of the Secretary, Federal 
Communications Commission, 1919 M St., N.W., Room 222, Washington, D.C. 
20554. Additionally, parties must file a copy of their comments, 
replies and supporting documents with the Commission's copy contractor, 
International Transcription Service, Inc., 1231 20th St., N.W., 
Washington, D.C. 20037. Comments and reply comments will be available 
for public inspection during regular business hours in the FCC 
Reference Center (Room 239) at that address. For additional information 
about this proceeding, please contact John Copes at (202) 418-1478.
    13. Pursuant to Section 1.49(f) of the Commission's Rules, 47 CFR 
1.49(f), Parties may file their comments, replies and supporting 
documents in electronic form via the Internet. Such parties should use 
the Commission's Electronic Comment Filing System, which they can 
access using the following Internet address: <http://www.fcc.gov/e-
file/ecfs.html>. Further information on the process of submitting 
comments electronically is available at <http://www.fcc.gov/e-file/>. 
Pursuant to Sec. 1.419(d) of the Commission's Rules, 47 CFR 1.419(d), 
Parties need file only one copy of an electronic submission. In 
completing the transmittal screen, a party filing a comment, reply or 
supporting document should include his or her full name, U.S. Postal 
Service mailing address and the lead Docket number for this proceeding, 
which is IB Docket No. 98-96. The Commission will consider 
electronically filed comments that conform to the guidelines of this 
section part of the record in this proceeding and accord them the same 
treatment as comments filed on paper.
    14. Parties filing comments, replies and supporting documents on 
paper must also file their submissions on diskette. Such a submission 
should be on a 3.5 inch diskette formatted in an IBM-compatible format, 
using MS DOS and Word Perfect 5.1 for Windows or compatible software. 
The diskette should be submitted in ``read only'' mode. The diskette 
should be clearly marked with the party's name, the proceeding to which 
it is addressed (in this case, IB Docket No. 98-96), the type

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of pleading (comment or reply) and the date of submission. The diskette 
should be accompanied by a cover letter setting forth the same 
information. Each diskette should contain only one party's pleading, 
preferably in a single electronnic file. The party should submit one 
copy of the diskette to John Copes, International Bureau, 
Telecommunications Division, 2000 M St., N.W., Room 844, Washington, 
D.C. 20054. The party should file an exact copy of the diskette, 
identically marked, with the Commission's copy contractor, 
International Transcription Service, Inc.
    15. Persons wishing to comment on the proposed and/or modified 
information collections should file written comments on or before 
August 24, 1998. The Office of Management and Budget (OMB) must submit 
its written comments on the proposed information collections, if any, 
on or before [insert date 60 days after the date of publication of the 
summary of this Notice of Proposed Rulemaking in the Federal Register]. 
In addition to filing comments with the Secretary, they should also 
submit a copy of any comments on the information collections contained 
herein Judy Boley, Federal Communications Commission, Room 234, 1919 M 
Street, N.W., Washington, DC 20554, or via the Internet to 
[email protected].

Conclusion

    16. The Commission is proposing these rules to clarify the public 
service requirements for all those pending applicants and all future 
entities who may wish to serve as accounting authorities for the 
settlement of international radio maritime accounts involving U.S. 
registered vessels operating in foreign or international waters. By 
these rules, the Commission seeks to ensure that the public interest is 
adequately served as the Commission withdraws from its function as an 
accounting authority for non-governmental users of maritime mobile and 
maritime mobile-satellite radio services. It seeks comment on the 
proposed changes to the application procedure and any alternatives 
interested persons may wish to suggest.

Ordering Clauses

    17. Accordingly, it is ordered, 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. Secs. 154(i), 154(j),161, 201-205 and 303(r), that this NPRM 
is hereby adopted.
    18. It is further ordered that the Office of Public Affairs, 
Reference Operations Division, shall send a copy of this Notice of 
Proposed Rulemaking, including the regulatory flexibility 
certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    Part 3 of the Commission's Rules and Regulations (Chapter 1 of 
Title 47 of the Code of Federal Regulations) is amended as follows:

PART 3--AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES 
IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES

    1. The authority citation for part 3 continues to read as follows:

    Authority: 47 U.S.C. 154(i), 154(j) and 303(r).

    2. Section 3.10 is proposed to be amended by revising the first 
sentence of paragraph (e) to read as follows:


Sec. 3.10  Basic qualifications.

    (e) Applicants 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 charge 
reasonable and non-discriminatory fees for service. * * *
* * * * *
[FR Doc. 98-19783 Filed 7-23-98; 8:45 am]
BILLING CODE 6712-01-P