[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Proposed Rules]
[Pages 40808-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19066]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 3

[IB Docket No. 98-96, FCC 99-150]


Biennial Review

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document examines the development of a transition plan to 
ensure that the transition from the Commission to privately owned 
accounting authorities in the settlement of accounts for maritime 
mobile, maritime satellite, aircraft and hand-held terminal radio 
services. The Commission seeks further comment in this proceeding on 
how best to implement this privatization. The Commission initiated this 
proceeding pursuant to the Telecommunications Act of 1996, which 
directs the Commission to undertake a review every even-numbered year 
of all regulations that apply to providers of telecommunications 
services to determine whether any such regulation is no longer 
necessary.

DATES: Comments are due on or before August 23, 1999; and reply 
comments are due on or before September 8, 1999. Written comments by 
the public on the proposed information collections are due September 
27, 1999.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 12th St., SW, Washington, DC 20554. A copy of any comments on the 
proposed information collection contained herein should be submitted to 
Judy Boley, Federal Communications Commission, Room 1-C804, 445 12th 
St., SW, Washington, DC 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 proposed information collection contained in the FNPRM 
contact John Copes at (202) 418-1478, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's FNPRM, 
FCC 99-150, adopted on June 21, 1999, and released on July 13, 1999. 
The full test of the FNPRM is available for inspection and copying 
during normal business hours in the Federal Communications Commission, 
Reference Information Center (Room CY-A257), 445 12th St., SW, 
Washington, DC 20554 The complete text of the FNPRM may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th St., NW Washington, DC 20036, 
(202) 857-3800. The FNPRM contains proposed information collections 
subject to the Paperwork Reduction Act of 1995 (PRA). It has been 
submitted to the Office of Management and Budget (OMB) for review under 
the PRA. OMB, the general public and other Federal agencies are invited 
to comment on the proposed information collections contained in this 
proceeding.

Summary of FNPRM

    1. In July 1998, the Commission adopted a Notice of Proposed 
Rulemaking (63 FR 39800, July 24, 1998) (NPRM) to streamline further 
the regulations and authorization of privately owned accounting 
authorities that settle accounts in the maritime mobile and maritime 
mobile-satellite radio services.
    2. On June 21, 1999, the Commission adopted a Report and Order and 
Further Notice of Proposed Rulemaking (FCC 99-150) to make final the 
proposals in its July 1999 NPRM and to institute a transition period 
leading to the handing over of its functions to private accounting 
authorities. A final rule relating to this proceeding is published 
elsewhere in this issue of the Federal Register. In the Report and 
Order (R&O) portion of the document, the Commission affirmed its 
proposal to withdraw from performing the functions of an accounting 
authority and to rely solely upon the private accounting authorities to 
provide account-settlement services for maritime and satellite 
communications.
    3. In the FNPRM, the Commission declined to appoint another 
accounting authority to take over the function of ``accounting 
authority of last resort'' that the Commission has traditionally 
performed. The Commission has traditionally not required U.S. users of 
maritime and satellite communications to designate a specific 
accounting authority to settle its accounts with foreign cost stations. 
Rather, the Commission has been willing to accept accounts from such 
foreign coast stations and to attempt to locate the user, send them the 
bill and remit their payment. The Commission noted that, upon the 
Commission's withdrawal as an accounting authority, there would be no 
one to accept such accounts and that it would be necessary to designate 
someone as the new accounting authority of last resort or to provide 
some other alternative, such as a formula to divide undesignated

[[Page 40809]]

accounts among certified authorities or to require customers to 
designate an accounting authority at the time they send the 
communications. No one volunteered to perform the function, though the 
Commission concluded that it would not designate anyone as the 
accounting authority of last resort. The Commission also concluded that 
a formula would require someone to administer it and would probably be 
difficult to administer. The Commission concluded that it would be 
better to require users to designate an accounting authority for each 
call. Such a requirement would eliminate undesignated calls or the need 
to designate someone to handle them. The Commission noted that another 
way to accomplish the same end would be to require users to 
presubscribe to the services of an accounting authority in the same 
manner that users are now required to presubscribe to a carrier to 
handle their long-distance telephone calls.
    4. In the FNPRM the Commission also tentatively concluded to delay 
its withdrawal as an accounting authority for three years and to 
institute a transition period to ensure an orderly transition to 
reliance solely upon private accounting authorities. The Commission was 
responding to arguments by the Federal governmental agencies for which 
it provides account-settlement services, who argued that they need 
three years to budget for the increased costs that they will face once 
the Commission withdraws as an accounting authority. The Commission now 
settles accounts for government agencies at no charge. Because private 
accounting authorities typically charge a fee for service, the agencies 
will need to budget for money to pay the fees. The Commission noted 
that during the transition period it would notify other users of their 
need to find an alternative accounting authority. Finally, the 
Commission asks interested persons to identify any areas where they 
believe Commission withdrawal would cause problems, so that they may be 
addressed and resolved.

Regulatory Flexibility Act

    5. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, we 
are required to prepare an Initial Regulatory Flexibility Analysis 
(IRFA) for the proposals contained in the FNPRM, unless we certify that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The purpose of this FNPRM 
is to seek comment on how best to implement the proposals adopted in 
the R&O. The proposals in the FNPRM do not impose any additional 
compliance burden on small entities dealing with the Commission. 
Rather, the FNPRM seeks comment on a proposed transition period and any 
problem areas that should be addressed during this transition period. 
The transition period is intended to ensure that the Commission's 
withdrawal as an accounting authority shall be as smooth as possible. 
We anticipate that the proposals will reduce any regulatory and 
procedural burdens on small entities. Accordingly, we certify, pursuant 
to Section 605(b) of the Regulatory Flexibility Act, that the rules 
proposed in this FNPRM will not, if promulgated, have a significant 
economic impact upon a substantial number of small business entities, 
as that term is defined by the Regulatory Flexibility Act. The 
Commission's Office of Public Affairs, Reference Operations Division, 
shall send a copy of this document, including this certification, to 
the Chief Counsel for Advocacy of the Small Business Administrations in 
accordance with the Regulatory Flexibility Act. We shall analyze the 
information submitted during the comment period and, if we determine at 
the time that we issue a final rule that such final rule changes will 
have a significant economic impact on a significant number of small 
business entities, we shall prepare a Final Regulatory Flexibility 
Analysis.

Copies to Private Accounting Authorities and Governmental Users

    6. The Commission's Office of Public Affairs, Reference Operations 
Division, shall send a copy of this FNPRM, including the Initial 
Regulatory Flexibility Analysis, to the current U.S.-certified private 
accounting authorities (Mackay Communications Inc.; Radio-Holland 
Communications, Inc.; Seven Seas Communications, Inc.; KFS World 
Communications (d/b/a Globe Wireless); 7 Cs Ltd; Mobile Marine Radio, 
Inc.; EXXON Communications Company; Raytheon Service Company; and 
Global Communications Corporation) and to the current governmental 
users (U.S. Coast Guard, Department of Defense). A list of those 
agencies is in an Attachment to this summary.

Initial Paperwork Reduction Act of 1995 Analysis

    7. The FNPRM contains a proposed information collection. As part of 
our continuing effort to reduce paperwork burdens, we invite the 
general public and the Office of Management and Budget (OMB) to comment 
on the proposed information collections contained in this FNPRM, as 
required by the Paperwork Reduction Act of 1995, Pub. L. 104-13. Public 
and agency comments are due on September 27, 1999. Comments should 
address: (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (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. Persons 
wishing to comment on the proposed and/or modified information 
collections should file written comments on or before August 23, 1999. 
The Office of Management and Budget (OMB) must submit its written 
comments on the proposed and/or modified information collections, if 
any, on or before 60 days after the date of publication of the summary 
of this FNPRM 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 to Judy Boley, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW, 
Washington, DC 20554, or via the Internet to [email protected] and to 
Virginia Huth, OMB Desk Officer, 10236 NEOB, 725-17th Street, NW, 
Washington, DC 20503.
    8. 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, parties 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, 445 12th St., SW, 
Washington, DC 20554. Those filing written pleadings in person should 
file them at the counter TW-A325 located in the lobby of 445 12th 
Street, SW. 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., NW, 
Washington, DC 20036. Comments and reply comments

[[Page 40810]]

will be available for public inspection during regular business hours 
in the FCC Reference Information Center (Room CY-A257) at 445 12th St. 
SW. For additional information about this proceeding, please contact 
John Copes at (202) 418-1478.

Supplementary Information Regarding Paperwork Reduction Act 
Analysis

    OMB Control Number: 3060-XXXX.
    Title: Designation of Accounting Authority for Maritime Mobile and 
Maritime Mobile-Satellite Radio Communications.
    Form Number: N/A.
    Respondents: Federal Government; State, local or tribal 
governments; businesses or other for profit entities; individuals or 
households.
    Number of Respondents: 2,600.
    Estimated Time per Response: 1.0 hour.
    Frequency of Response: One-time reporting requirement; Third Party 
Disclosure.
    Total Annual Burden: 2,600 hours.
    Total Annual Cost: None.
    Needs and Uses: When the Commission withdraws as an accounting 
authority, it will be necessary for those users who rely upon the 
Commission to settle their maritime and satellite radio accounts. As a 
result of this FNPRM, the Commission may decide the best way to 
accomplish this is to require all users to designate a particular 
accounting authority to settle their radio accounts.

Electronic Filing of Comments

    9. 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 Section 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.
    10. 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 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 electronic file. The party should submit one 
copy of the diskette to John Copes, International Bureau, 
Telecommunications Division, 445--12th St., SW, Room 6-C847, 
Washington, DC 20554. The party should file an exact copy of the 
diskette, identically marked, with the Commission's copy contractor, 
International Transcription Service, Inc., at 1231 20th St., NW, 
Washington, DC 20036.

Conclusion

    11. 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. 154(i), 
154(j), 161, 201-205 and 303(r), that this FNPRM Is hereby adopted and 
comments Are requested as described above.
    12. It is further ordered that the Office of Public Affairs, 
Reference Operations Division, Shall send a Copy of this FNPRM, 
including the regulatory flexibility certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 3

    Accounting.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Attachment--Government Agencies Who Use the Federal Communications 
Commission as an Accounting Authority

Department of Agriculture
Department of Air Force
Department of the Army
Coast Guard
Department of Commerce
Defense Information Systems Agency
Department of Energy
Federal Aviation Administration
Federal Emergency Management Agency
Department of Health and Human Services
Department of the Interior
Department of Justice
Department of the Navy
Department of Navy--Command
National Aeronautics and Space Administration
National Science Foundation
Office of Secretary of Defense
On-Site Inspection Agency
Department of State
Department of Treasury
United States Information Agency
U.S. Postal Service
Department of Veteran Affairs

[FR Doc. 99-19066 Filed 7-27-99; 8:45 am]
BILLING CODE 6712-01-P