[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Proposed Rules]
[Pages 37750-37752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13298]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB DOCKET NO. 02-30; FCC 02-37]


Licensing Domestic Satellite Earth Stations in the Bush 
Communities of Alaska

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Communications Commission (FCC) is proposing to 
terminate its Alaska Bush Earth Station Policy. The policy bars 
telephone carriers from obtaining licenses to install and operate 
satellite earth stations to provide interexchange service in any rural 
Alaskan community of less than 1,000 population where such service is 
already available through a satellite link provided by another carrier. 
The Bush Policy, which stems from a 1972 decision, is an exception to 
the FCC's current general policy of allowing facilities-based 
competition in carriage of interstate, interexchange telephone calls. 
Last year the Regulatory Commission of Alaska repealed a mirror-image 
regulation barring facilities-based competition in carriage of 
intrastate calls to or from Bush communities. The Commission contends 
that no showing has ever been made that the Bush exception to the

[[Page 37751]]

general pro-competition policy is necessary to protect the public 
interest. The intended effect is to invites public comment on this 
proposal.

DATES: Comment are due on or before July 1, 2002 and reply comment are 
due on or before July 15, 2002.

ADDRESSES: Electronic comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS). Comments filed though the ECFS 
can be sent as an electronic file via Internet to http://www.fcc.gov/e-file/ecfs.html. All other filing must be sent to Office of Secretary, 
Federal Communications Commission, 445 12th St., SW., Room TW-A325, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: William Bell at (202) 418-0771. 
Internet: [email protected], International Bureau, Federal Communications 
Commission, Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) CC Docket No. 92-297, FCC 01-164, adopted 
May 22, 2001 and released on May 24, 2001. The complete text of this 
NPRM is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room), 445 12th Street, SW., 
Washington, DC 20554, and also may be purchased from the Commission's 
copy contractor, Qualex International, Portals II, 445 12th St., SW., 
Room CY-B402, Washington, DC 20554, telephone (202) 863-2893, facsimile 
(202) 863-2898 or via e-mail [email protected]. It is also available on 
the commission's Web site at http://www.fcc.gov.

Summary of the Notice of Proposed Rulemaking

    The Bush Policy is an isolated exception to the Commission's 
interstate MTS open-entry policy. The Commission adopted the 
restrictive Bush Policy on the basis of a finding that applications for 
``duplicative'' Bush earth stations were mutually exclusive. The 
finding was made before the advent of MTS competition, and was based on 
a regulatory policy designed to prevent monopoly carriers from building 
unneeded facilities in order to obtain larger disbursements from pooled 
MTS revenues at the expense of other carriers and ratepayers. We see no 
reason to continue to prevent non-dominant carriers from investing in 
facilities at their own expense to compete with a carrier with an 
established facilities monopoly.
    We believe that in the current environment--particularly now that 
the Alaska Commission has eliminated the parallel intrastate entry 
barrier--it is time to remove the remaining barrier against facilities-
based interstate MTS competition in Bush Alaska. We expect that 
facilities-based competition in the provision of interstate MTS in Bush 
communities will produce public interest benefits of the same kind that 
the Commission envisioned when it adopted the general open-entry policy 
for the interstate MTS market, that the Bureau envisioned when granting 
GCI's waiver request, and that the Alaska Commission envisioned when it 
repealed [sect][sect] 52.355 of the Commission's rules. As the 
Commission observed in the MTS-WATS Second Report and Order, 47 FR 
54944-01, November 30, 1982 moreover, even the mere possibility of 
facilities-based competition would establish an incentive for Alascom 
to operate more efficiently. The potential for such competition would 
also tend to deter Alascom from overcharging for use of its facilities 
to provide interstate MTS to subscribers in Bush communities or to 
complete calls to Bush residents from subscribers in other states.
    We invite comment from interested members of the public on our 
proposal to eliminate the Bush Policy. Any commenter advocating 
retention of the Policy should demonstrate with clear and convincing 
evidence that allowing installation and operation of Bush earth 
stations for facilities-based interstate MTS competition would result 
in impairment of the quality of service, reduction of the availability 
of service, or increased cost burdens for ratepayers.

I. Conclusion

    Accordingly, we propose to abolish the Alaska Bush Policy. This 
will eliminate a significant regulatory entry barrier to facilities-
based competition in provision of interstate MTS service, advancing a 
deregulatory process begun two decades ago that has proven enormously 
beneficial to the general public.

II. Procedural Matters

A. Ex Parte Presentations

    This is a 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 
Commission rules.

B. Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended, (``RFA''), 5 
U.S.C. 601, et seq. requires preparation of an Initial Regulatory 
Flexibility Analysis (``IRFA'') for comments on proposed rulemaking 
proceedings, unless the agency certifies that the proposed rules would 
not have significant economic impact on ``a substantial number'' of 
``small entities.'' The RFA generally defines ``small entity'' as 
having the same meaning as the term ``small business concern'' under 
the Small Business Act--i.e., a business firm that: (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). Such analysis or certifications 
need only address the impact on small businesses that would be directly 
regulated under the proposed rules.
    In this Notice of Proposed Rulemaking, the Commission proposes to 
repeal a regulatory policy that prevents companies from obtaining 
licenses to operate earth stations in rural Alaska that would carry 
telephone calls between users in certain Alaskan communities and users 
in other states if such service is already available in those 
communities via facilities provided by an established carrier. Because 
this proposed policy change would not impose any regulatory burden, we 
certify that it would not have a significant direct impact on a 
substantial number of small businesses. Anyone who believes that the 
proposal discussed in this NPRM requires additional RFA analysis may 
raise that contention in comments filed pursuant to the procedure 
specified in the next paragraph, labeling the discussion on point as 
``RFA Comments.'' The Commission will send a copy of this Notice of 
Proposed Rulemaking, including this initial certification, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy will 
also be published in the Federal Register. See 5 U.S.C. 605(b).

C. Deadlines and Instructions for Filing Comments

    Members of the public may file comments on the Further Notice of 
Proposed Rulemaking. Pursuant to [sect][sect] 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 July 1, 2002, and reply comments are due on or 
before July 15, 2002. Comments may be filed using the Commission's 
electronic comment Filing System (ECFS) or be filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 
24121 (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

[[Page 37752]]

an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, however, 
commenters must transmit one electric 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, U.S. 
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, send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``et 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. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8:00 a.m. 
to 7:00 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes must be disposed of before entering 
the filing. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capital Heights, MD 20743. U.S. Postal Service first-class mail, 
Express mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission.
    Interested parties may file comments by using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. The 
Commission will consider all relevant and timely comments prior to 
taking final action in this proceeding. To file formally, interested 
persons must file an original and four copies of all comments, reply 
comments, and supporting comments. Those who want each Commissioner to 
receive a personal copy of their comments should file an original plus 
nine copies. Comments and reply comments should be sent to the Office 
of the Secretary, Federal Communications Commission, 445 12th Street, 
SW., Washington, DC 20554. Persons not filing via ECFS are encouraged 
to file a copy of all pleadings on a 3.5-inch diskette in Word 97 
format.
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.html. Only one copy 
of an electronic submission must be filed. In completing the 
transmittal screen, commenters should include their full name, Postal 
Service mailing address, and the applicable docket or rulemaking 
number. Interested persons may also submit electronic comments by 
Internet e-mail. To receive filing instructions for e-mail comments, 
send an e-mail to [email protected], including the following words in the 
body of the message: ``get form .'' A 
sample form and directions will be sent in reply.
    Those filing paper comments must submit an original and four copies 
of each filing. All filings must be sent to the Commission's Secretary, 
Marlene H. Dortch, and Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554.
    Comments and reply comments will be available for public inspection 
during regular business hours in the FCC Reference Center, 445 12th 
Street, SW., Washington, DC 20554. Comments are also available on the 
ECFS, at https://gullfoss2.fcc.gov/cgi-bin/websql/prod/ecfs/comsrch_v2.hts.

III. Ordering Clauses

    Pursuant to the authority contained in sections 1, 4(i), 4(j), 
7(a), 301, 303(f), 303(g), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 303(f), 
303(g), and 303(r), GCI's Petition for Rulemaking filed on January 10, 
1990 is granted and this Notice of Proposed Rulemaking is adopted.
    It is further ordered that the Commission's Consumer Information 
Bureau, Reference Information Center, shall send a copy of this Notice 
of Proposed Rulemaking to the Chief Counsel for Advocacy of the Small 
Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-13298 Filed 5-29-02; 8:45 am]
BILLING CODE 6712-01-P