[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Proposed Rules]
[Pages 16687-16689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8499]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25

[IB Docket No. 99-67; FCC 99-37]


Implementation of the GMPCS MoU and Petition of the NTIA To 
Establish Emissions Limits for Mobile and Portable Earth Stations in 
the 1610-1660.5 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has proposed rules and policies implementing 
the international Global Mobile Personal Communications by Satellite 
(GMPCS) Memorandum of Understanding and Arrangements adopted last 
spring by the International

[[Page 16688]]

Telecommunications Union. Among other things, the Notice proposes to 
apply our current part 2 equipment certification procedures to 
terminals used in conjunction with authorized GMPCS systems that are 
for sale or lease and use in the United States. It also contemplates a 
customs procedure for allowing terminals to be carried into the United 
States.

DATES: Comments must be submitted on or before May 3, 1999; reply 
comments must be submitted on or before May 18, 1999.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street S.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Tracey Weisler (202) 418-0744 or Bill 
Bell (202) 418-0741.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking in IB Docket No. 99-67; FCC 99-37, adopted 
February 25, 1999 and released March 5, 1999. The complete text of this 
Notice of Proposed Rulemaking is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
445 Twelfth Street, Room CYA257, S.W., Washington, DC 20554. and also 
may be purchased from the Commissions's copy contractor, International 
Transcription Service, 1231 20th Street, N.W., Washington, DC 20036, 
phone: 202-857-3800; facsimile: 202-857-3805.
    To file formally in this proceeding, comments can be filed using 
the Commission's Electronic Comment Filing System (``ECFS'') or by 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (May 1, 1998). Comments filed through the ECFS 
can be sent as an electronic file via the Internet to <http://
www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an 
electronic submission must be filed. If multiple docket or rulemaking 
numbers appear in the caption of this proceeding, however, commenters 
must transmit one electronic copy of the comments to each docket or 
rulemaking number referenced in the caption. In completing the 
transmittal screen, commenters should include their full name, Postal 
Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form .'' A 
sample form and directions will be sent in reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appear in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. All 
filings must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, The 
Portals, 445 Twelfth Street, S.W., Room TW-A325, Washington, DC 20554.
    Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Paul 
Gordon, Office of the Secretary, Federal Communications Commission, The 
Portals, 445 Twelfth Street, S.W., Room 2C223, Washington, DC 20554. 
Such a submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WordPerfect 5.1 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labelled with the commenter's name, proceeding (including the 
lead docket number in this case [IB Docket No. 99-67]), type of 
pleading (comment or reply comment), date of submission, and the name 
of the electronic file on the diskette. The label should also include 
the following phrase ``Disk Copy--Not an Original.'' Each diskette 
should contain only one party's pleading, preferably in a single 
electronic file. In addition, commenters must send diskette copies to 
the Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, DC 20037. Comments and reply 
comments should be captioned using the docket number in this proceeding 
only.
    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 
suggested in this document.

Summary of Notice of Proposed Rulemaking

    The Commission's proposed rulemaking (1) outlines the provisions of 
the GMPCS MoU and recognizes the need to facilitate transport terminals 
delivering new international voice, data and broadband services across 
national borders; (2) seeks comment on the categories of GMPCS 
terminals that should fall under the ITU definition for purposes of 
equipment certification; (3) seeks comment on the requirement to 
certify terminals for sale or lease and use in the United States and 
how to treat terminals brought into the United States as personal 
effects for temporary use or transit; (4) seeks comment on the current 
technical requirements and procedures for earth station licensing under 
Part 25 and whether to expand those requirements for certification; (5) 
proposes to adopt NTIA's out-of-band emission proposal for terminals 
operating in the 1610-1660.5 MHz range; and (6) seeks comment on how 
best to implement and enforce our new procedures in conjunction with 
the Commission's Compliance and Information Bureau and the U.S. Customs 
Service.

Administrative Matters

    This is a non-restricted notice and comment rulemaking proceeding. 
Ex parte presentations are permitted, except during the Sunshine Agenda 
period, provided they are disclosed as provided in the Commission's 
rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a). The Sunshine 
Agenda period is the period of time that commences with the release of 
public notice that a matter has been placed on the Sunshine Agenda and 
terminates when the Commission (1) releases the text of a decision or 
order in the matter; (2) issues a public notice stating that the matter 
has been deleted from the Sunshine Agenda; or (3) issues a public 
notice stating that the matter has been returned to the staff for 
further consideration, whichever occurs first. 47 CFR 1.1202(f). During 
the Sunshine Agenda period, no presentations, ex parte or otherwise, 
are permitted unless specifically exempted. 47 CFR 1.1203. Pursuant to 
applicable procedures set forth in Sections 1.415 and 1.419 of the 
Commission's Rules, 47 CFR 1.415 and 1.419, interested parties may file 
comments on or before May 3, 1999 and reply comments on or before May 
18, 1999.
    To file formally in this proceeding, you must file an original and 
five copies of all comments, reply comments, and supporting comments. 
If you want each Commissioner to receive a personal copy of your 
comments send additional copies to Office of the Secretary, Federal 
Communications Commission, Washington, DC 20554. Comments and reply 
comments will be available for public inspection during regular 
business hours in the Federal Communications Commission, Reference 
Information Center, Room CYA257, Twelfth Street, S.W., Washington, DC 
20554.

[[Page 16689]]

Initial Regulatory Flexibility Act Statement

    As required by the Regulatory Flexibility Act,1 the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis of the possible significant economic impact on small entities 
by the policies and rules proposed in this Notice of Proposed Rule 
Making (``Notice''). Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on the Notice provided above. The 
Commission will send a copy of this Notice, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the Notice and IRFA will be published in the Federal 
Register.
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    \1\ 5 U.S.C. 603.
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Need for and Objectives of the Proposed Rules

    This Notice proposes to extend the FCC's current equipment 
certification procedure to GMPCS terminals that are to be sold for use 
in the United States, while allowing terminals manufactured and sold 
elsewhere to enter the United States for transit or temporary use if 
they have complied with the GMPCS-MoU notification process and bear the 
``GMPCS-MoU ITU Registry'' mark.

Legal Basis

    This action is taken pursuant to Sections 4(i), 7(a), 303(c), 
303(f), 303(g), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 157(a), 303(c), 303(f), 303(g), and 
303(r), 307, 309, and 310.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    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 proposed rules, if adopted. 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 Small Business 
Administration (SBA).
    The Commission has not developed a definition of small entities 
applicable to geostationary or non-geostationary orbit fixed-satellite, 
mobile satellite operators or terminal manufacturers. Therefore, the 
applicable definition of small entity in the satellite services 
industry is the definition under the Small Business Administration 
(SBA) rules applicable to Communications Services ``Not Elsewhere 
Classified.'' 2 This definition provides that a small entity 
is expressed as one with $11.0 million or less in annual receipts. 
According to Census Bureau data, there are 848 firms that fall under 
the category of Communications Services, Not Elsewhere Classified. Of 
those, approximately 775 reported annual receipts of $11 million or 
less and qualify as small entities.3 The Census Bureau 
category is very broad and commercial satellite services constitute 
only a subset of its total. Although it is difficult to estimate the 
number of entities that will be required to or choose to comply with 
the procedures proposed in this Notice, we note that the Commission has 
licensed 12 entities to provide GMPCS in the United States. Of these 
licensees, only VITA and LEO One qualify as small 
businesses.4 The other entities are not small businesses 
because they each have revenues in excess of $11 million annually or 
have parent companies or investors that have revenues in excess of $11 
million annually. We request comment on the description and number of 
small entities that are significantly impacted by this proposal.
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    \2\ See 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \3\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992 
Census of Transportation, Communications, and Utilities, UC92-S-1, 
Subject Series, Establishment and Firm Size, Table 2D, Employment 
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
    \4\ See Notice of Proposed Rulemaking, IB Docket No. 96-426, 11 
FCC Rcd 19841 (1996) at 44.
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Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    In this proceeding, we are proposing to use current forms and 
procedures to implement new proposed requirements. Therefore, this 
proposed action may create minimal additional mandatory reporting 
requirements for license applications and/or new equipment 
certification requirements for certain sectors of the satellite 
operator, service provider and equipment manufacturing industry.

Steps Taken to Minimize Significant Economic Impact on Small Entities 
and Significant Alternatives Considered

    It should be noted that the Commission received a petition from the 
National Telecommunications and Information Agency regarding 
establishment of an out-of-band emission limit for certain GMPCS 
terminals in 1998 and comments were later filed by several entities. 
However, no Petitions for Rulemaking were filed to initiate the MoU 
portion of this proceeding, and there have been no comments in this 
proceeding that suggest alternatives to the proposed procedure. 
Therefore, we request comment on alternative licensing and equipment 
certification procedures that might minimize the amount of economic 
impact on small entities.

Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rules

    None.

Ordering Clauses

    Accordingly, It is Ordered that, pursuant to Sections 4(i), 7(a), 
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 157(a), 303(c), 303(f), 303(g), and 
303(r), 307, 309(a), 310, NOTICE IS HEREBY GIVEN of our intent to adopt 
these proposed rule revisions. It is Further Ordered that the 
Commission's Office of Public Affairs, Reference Operations Division, 
shall send a copy of this Notice of Proposed Rulemaking, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration, in accordance with 
Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq. 
(1981).

List of Subjects

47 CFR Part 2

    Communications equipment.

47 CFR Part 25

    Communications equipment, Satellites.

    Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-8499 Filed 4-5-99; 8:45 am]
BILLING CODE 6712-01-P