[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Proposed Rules]
[Pages 64968-64980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26429]



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Part II





Federal Communications Commission





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47 CFR Chapter I



Possible Revision or Elimination of Rules; Proposed Rule

  Federal Register / Vol. 67, No. 204 / Tuesday, October 22, 2002 / 
Proposed Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations under the Regulatory Flexibility Act; 
comments requested.

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SUMMARY: This document invites members of the public to comment on the 
Commission's rules to be reviewed pursuant to Section 610 of the 
Regulatory Flexibility Act of 1980. The purpose of the review is to 
determine whether Commission rules whose ten-year anniversary dates are 
in the years 2000 through 2002, as contained in the Appendix, should be 
continued without change, amended, or rescinded in order to minimize 
any significant impact the rules may have on a substantial number of 
small entities. Upon receipt of comments from the public, comments will 
be evaluated and action may be taken to rescind or amend the 
Commission's rules.

DATES: Comments may be filed on or before November 8, 2002.

FOR FURTHER INFORMATION CONTACT: Carolyn Fleming Williams or Karen 
Beverly, Office of Communications Business Opportunities, Federal 
Communications Commission, (202) 418-0990.

ADDRESSES: Federal Communications Commission, Office of Secretary, 445 
12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: Each year an opportunity will be created for 
review and comment by interested parties on the Commission's rules that 
may require amendment or rescission.
    1. Pursuant to the Regulatory Flexibility Act of 1980, see 5 U.S.C. 
section 610, the Federal Communications Commission (FCC) hereby 
publishes a plan for the review of rules issued by the agency in 
calendar years 1990, 1991 and 1992 which have, or might have, a 
significant economic impact on a substantial number of small entities. 
The purpose of the review will be to determine whether such rules 
should be continued without change, or should be amended or rescinded, 
consistent with the stated objectives of applicable statutes, to 
minimize any significant economic impact of such rules upon a 
substantial number of small entities.
    2. This document lists the FCC regulations to be reviewed during 
the next twelve months. In succeeding years, as here, lists will be 
published for the review of regulations promulgated ten years 
proceeding the year of review.
    3. In reviewing each rule under this plan to minimize the possible 
significant economic impact on small entities, consistent with the 
stated objectives of the applicable statutes, the FCC will consider the 
following factors:
    (a) The continued need for the rule;
    (b) The nature of complaints or comments received concerning the 
rule from the public;
    (c) The complexity of the rule;
    (d) The extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and
    (e) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    4. Appropriate information has been provided for each rule, 
including a brief description of the rule and the need for and legal 
basis of the rule. The public is invited to comment on the rules chosen 
for review by. All relevant and timely comments will be considered by 
the FCC before final action is taken in this proceeding. To file 
formally in this proceeding, participants should file an original and 
four copies of all comments. Comments will be available for public 
inspection during regular business hours in the FCC Reference Center of 
the Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    List of Rules for Review Pursuant to the Regulatory Flexibility Act 
of 1980, 5 U.S.C. 610, for 1990, 1991, 1992. All listed rules are in 
Title 47 of the Code of Federal Regulations.

PART 25--SATELLITE COMMUNICATIONS

Subpart B--Application and Licenses

    Brief Description: These rules establish the requirements and 
conditions under which space and earth stations may be licensed.
    Need: To establish proper procedures for submitting the correct 
information for filing space and earth stations applications.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332.
    Section Number and Title:

25.110 Filing of applications, fees, and number of copies.
25.111 Additional information.
25.112 Defective applications.
25.113 Construction permits, station licenses, launch authority.
25.114 Applications for space station authorizations.
25.115 Application for earth station authorizations.
25.116 Amendments to applications.
25.117 Modification of station license.
25.118 Modifications not requiring prior authorization.
25.119 Assignment or transfer of control of station authorization.
25.120 Application for special temporary authorization.
25.121 License term and renewals.
25.130 Filing requirements for transmitting earth stations.
25.131 Filing requirements for receive-only earth stations.
25.132 Verification of earth station antenna performance standards.
25.133 Period of construction; certification of commencement of 
operation.
25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) 
networks.
25.135 Licensing provisions for earth station networks in the non-
voice, non-geostationary mobile-satellite service.
25.136 Operating provisions for earth station networks in the 1.6/
2.4 GHz mobile-satellite service.
25.137 Application requirements for earth stations operating with 
non-U.S. licensed space stations.
25.138 Blanket licensing provisions of GSO FSS Earth Stations in the 
18.58-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space) and 29.5-30.0 GHz (Earth-to-space) 
bands.
25.140 Qualifications of fixed-satellite space station licensees.
25.141 Licensing provisions for the radio determination satellite 
service.
25.142 Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.
25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
service.
25.144 Licensing provisions for the 2.3 GHz satellite digital audio 
radio service.
25.145 Licensing conditions for the Fixed-Satellite Service in the 
20/30 GHz bands.
25.150 Receipt of applications.
25.151 Public notice period.
25.152 Dismissal and return of applications.
25.153 Repetitious applications.
25.154 Opposition to applications and other pleadings.
25.155 Mutually exclusive applications.
25.156 Consideration of applications.
25.160 Administrative sanctions.
25.161 Automatic termination of station authorization.
25.162 Cause for termination of interference protection.
25.163 Reinstatement.

Subpart D--Technical Operations

    Brief Description: This rule requires that all video satellite 
uplink transmissions, licensed under Part 25 be encoded with a signal 
to identify the

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station. The rules specifies that a subcarrier based system will be 
used to transmit the identification.
    Need: The need for better radio spectrum management to control 
interference, allow flexibility to deal with new technology and 
standardize the proliferating number of pseudo-automatic identification 
systems now coming into use make this item necessary. The intended 
effect is improved radio spectrum management.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332.
    Section Number and Title:

25.281 Automatic Transmitter Identification System (ATIS).

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    Brief Description: The rule sets forth the requirements and 
procedures for carriers to file information on their U.S. international 
telecommunications traffic including minutes and revenues.
    Need: The rule provides essential data that is used by both the 
agency and carriers for international facilities planning, facility 
authorization, monitoring emerging developments in communications 
services, analyzing market structures, tracking the balance of payments 
in international communications services, and market analysis purposes.
    Legal Basis: 47 U.S.C. 154, 201, 203, 219.
    Section Number and Title:

43.61 Reports of international telecommunications traffic.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    Brief Description: The rule sets forth the procedures for U.S. 
carriers, engaged in international telecommunications, seeking approval 
to make changes in accounting rates.
    Need: The rule provides U.S. carriers with a mechanism to quickly 
seek agency approval to implement simple accounting rate changes. The 
rule also enables the Commission to monitor the international 
accounting rates of carriers to ensure consistency with agency policies 
and the public interest.
    Legal Basis: 47 U.S.C. 154, 201, 211.
    Section Number and Title:

64.1001 International settlements policy and modification requests.

------------------------------------------------------------------------
                                           Year
                  Rule                    added      Bureau or  office
------------------------------------------------------------------------
1.17...................................     1990  EB
1.65(c)................................    1990,  EB
                                            1991
1.80(a)(4), (b)(3).....................     1990  EB
1.791..................................     1990  CCB
1.824..................................     1991  MMB
1.931(a)...............................     1991  WTB
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Office of General Counsel

Subpart I--Procedures Implementing the National Environmental 
Policy Act of 1969

    Brief Description: These rules implement the National Environmental 
Policy Act of 1969, including actions that may have a significant 
impact on the environment and require the preparation of an 
Environmental Assessment (EA), and the determination of environmental 
impacts for the construction of facilities where no preconstruction 
authorization from the Commission is required.
    Need: These rules implement the National Environmental Policy Act 
of 1969.
    Legal Basis: 42 U.S.C. 4321-4335.
    Section Number and Title:

1.1307(b) notes 1, 2, 3 Actions that may have a significant 
environmental effect for which Environmental Assessments (EAs) must 
be prepared
1.1312 Facilities for which no preconstruction authorization is 
required.

Subpart P--Implementation of the Anti-Drug Abuse Act of 1988

    Brief Description: These rules implement the Anti-Drug Abuse Act of 
1988 to determine the eligibility for professional and commercial 
licenses issued by the Commission with respect to any denials of 
Federal benefits imposed by Federal or state courts.
    Need: These rules implement the Anti-Drug Abuse Act of 1988.
    Legal Basis: 21 U.S.C. 862.
    Section Number and Title:

1.2001 Purpose.
1.2002 Applicants Required to submit information.
1.2003 Applications affected.

PART 22--PUBLIC MOBILE SERVICES

Subpart H--Cellular Radiotelephone Service

    Brief Description: These rules prescribe procedures for Cellular 
Radiotelephone Service licensees in the public mobile services.
    Need: These rules are established to provide procedures for 
cellular licensees. The rules govern licensing, technical standards, 
and other matters relating to cellular service.
    Legal Basis: 47 U.S.C. 154, 303, 309, 332.
    Section Number and Title:

22.911 Cellular geographic service area.
22.943(b) Limitations on assignments and transfers of cellular 
authorizations.
22.945(c) Interests in multiple applications.
22.947(c) Five year build-out period.
22.949 Unserved area licensing process.
22.951 Minimum coverage requirement.
22.953 Conten and form of applications.

PART 80--STATIONS IN THE MARITIME SERVICES

    Brief Description: These rules include radio services in the 
Maritime Mobile Service, the Maritime Mobile-Satellite Service, the 
Maritime Radiodetermination Service, and stations in the Fixed Service 
that support maritime operations. Regardless of service, marine 
stations are either considered to be stations on shipboard or stations 
on land. A license is required for each land station. Ship stations are 
licensed by rule (no individual license needed) when they operate only 
on domestic voyages and are not required by law to carry a radio. Rules 
concerning domestic marine communications are matched to requirements 
of the U.S. Coast Guard, which monitors marine distress frequencies 
continuously in U.S. waters.
    Need: These marine radio service rules are promulgated to promote 
safety and operational activities of nonfederal maritime activities, 
including U.S. vessels that traverse international waters. The rules 
also reduce radio interference among radio users by promoting the 
efficient use of the radio spectrum.
    Legal Basis: Secs. 4, 303, 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450; 3 UST 4726; 12 UST 
2377.
    Section Number and Title:

Subpart B--Applications and Licenses

80.54 Automated Maritime Telecommunications System (AMTS)--system 
licensing.

Subpart C--Operating Requirements and Procedures

80.122 Public coast stations using facsimile and data.
80.141 General provisions for ship stations.

Subpart E--General Technical Standards

80.203 Authorization of transmitters for licensing.
80.205 Bandwidths.
80.207 Classes of emission.
80.211 Emission limitations.
80.213 Modulation requirements.

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80.223 Special requirements for survival craft stations.

Subpart G--Safety Watch Requirements and Procedures

80.310 Watch required by voluntary vessels.

Subpart H--Frequencies

80.355 Distress, urgency, safety, call and reply Morse code 
frequencies.
80.357 Morse code working frequencies.
80.363 Frequencies for facsimile.
80.371 Public correspondence frequencies.
80.373 Private communications frequencies.
80.374 Special provisions for frequencies in the 4000-4063 kHz and 
the 8100-8195 kHz bands shared with the fixed service.
80.375 Radiodetermination frequencies.
80.385 Frequencies for automated systems.
80.387 Frequencies for Alaska fixed stations.

Subpart K--Private Coast Stations and Marine Utility Stations

80.514 Marine VHF frequency coordinating committee(s).

Subpart Q--Compulsory Radiotelegraph Installations for Vessels 1600 
Gross Tons

80.802 Inspection of Stations.
80.836 General Exemptions.

Subpart S--Compulsory Radiotelephone Installations for Small 
Passenger Boats

80.909 Radiotelephone transmitter.
80.913 Radiotelephone receivers.
80.923 Antenna system.
80.931 Test of radiotelephone installation.

Subpart U--Radiotelephone Installations Required by the Bridge-to-
Bridge Act

80.1001 Applicability.
80.1011 Transmitter.
80.1013 Receiver.

Subpart V--Emergency Position Indicating Radiobeacons (EPIRB'S)

80.1059 Special Requirements for Class S EPIRB stations.
80.1061 Special Requirements for 406.025 MHz EPIRBs.

Subpart W--Global Maritime Distress and Safety System (GMDSS)

80.1065 Applicability.
80.1067 Inspection of station.
80.1069 Maritime sea areas.
80.1071 Exemptions.
80.1073 Radio operator requirements for ship stations.
80.1074 Radio maintenance personnel for at-sea maintenance.
80.1075 Radio records.
80.1077 Frequencies.
80.1081 Functional Requirements.
80.1083 Ship radio installations.
80.1085 Ship radio equipment-General.
80.1087 Ship radio equipment-Sea area A1.
80.1089 Ship radio equipment-Sea areas A1 and A2.
80.1091 Ship radio equipment-Sea areas A1, A2 and A3.
80.1093 Ship radio equipment-Sea areas A1, A2, A3 and A4.
80.1095 Survival craft equipment.
80.1099 Ship sources of energy.
80.1101 Performance standards.
80.1103 Equipment authorization.
80.1105 Maintenance Requirements.
80.1109 Distress, Urgency, and safety communications.
80.1111 Distress alerting.
80.1113 Transmission of a distress alert.
80.1115 Transmission of a distress alert by a station not itself in 
distress.
80.1117 Procedure for receipt and acknowledgment of distress alerts.
80.1119 Receipt and acknowledgement of distress alerts by coast 
stations and coast earth stations.
80.1121 Receipt and acknowledgement of distress alerts by ship 
stations and ship earth stations.
80.1123 Watch requirements for ship stations.
80.1125 Search and rescue coordinating communications.
80.1127 On-scene communications.
80.1129 Locating and homing signals.
80.1131 Transmissions of urgency communications.
80.1133 Transmissions of safety communications.
80.1135 Transmissions of maritime safety information.

PART 87--AVIATION SERVICES

    Brief Description: The Aviation Services consist of three 
internationally-allocated services. (1) The Aeronautical Mobile Service 
includes aeronautical advisory stations, aeronautical enroute stations, 
airport control stations, and automatic weather observation stations. 
(2) The Aeronautical Radio Navigation Service includes stations used 
for navigation, obstruction warning, instrument landing, and 
measurement of altitude and range. (3) The Aeronautical Fixed Service 
is a system of fixed stations used for point-to-point communications 
for aviation safety, navigation, or preparation for flight. The 
Commission regulates the Aviation Services in cooperation with the 
Federal Aviation Administration.
    Need: These aviation radio services rules are promulgated to 
promote safety and provide systems of non-governmental use of radio for 
aeronautical communications, aeronautical radio navigation, and search 
and rescue operations. The rules also reduce radio interference among 
radio users by promoting the efficient use of the radio spectrum.
    Legal Basis: 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 
151, 152, 153, 154, 155, 156, 301 through 609.
    Section Number and Title:

Subpart A-General Information

87.5 Definitions.

Subpart B-Applications and Licenses

87.51 Aircraft earth station commissioning.

Subpart D-Technical Requirements

87.131 Power and emissions.
87.133 Frequency stability.
87.137 Types of emission.
87.139 Emission limitations.
87.141 Modulation requirements.
87.145 Acceptability of transmitters for licensing.
87.147 Authorization of equipment.

Subpart E-Frequencies

87.171 Class of station symbols.
87.173 Frequencies.

Subpart F-Aircraft Stations

87.175 Scope of Service.
87.187 Frequencies.
87.189 Requirements for public correspondence equipment and 
operations.

Subpart G-Aeronautical Advisory Stations (UNICOMS)

87.213 Scope of Service.
87.215 Supplemental Eligibility.
87.217 Frequencies.

Subpart I-Aeronautical Enroute and Aeronautical Fixed Stations

87.263 Frequencies.

Subpart J-Flight Test Stations

87.303 Frequencies.

Subpart L-Aeronautical Utility Mobile Stations

87.347 Supplemental Eligibility.
87.349 Frequencies.

Subpart O-Airport Control Tower Stations

87.419 Supplemental Eligibility.
87.421 Frequencies.
87.425 Interference.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    Brief Description: These services include both Private Land Mobile 
Radio (PLMR) services and Commercial Mobile Radio Services (CMRS). PLMR 
services allow businesses, local governments, public safety entities, 
educational institutions, hospitals,

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service providers and utilities to build their own internal 
communication systems to meet specialized needs. CMRS provides service 
to customers. CMRS services regulated under Part 90 include the 
provision of service to Industrial/Business Pool below 470 MHz on a 
for-profit basis, the Specialized Mobile Radio Service, the 220 MHz 
Service, the Location and Monitoring Service, and Private Paging. 
Channels are in the 30-50, 150-170, 220-222, 420-512, 700, 800, and 900 
MHz bands. Some channels are shared; others are exclusive. Frequencies 
are often assigned in pairs for use in two-way communications. Common 
uses are for dispatch communications, alerting, monitoring, alarms, 
operational communications, and the provision of service (either on a 
private carriage basis or as a Commercial Mobile Radio Service) to 
others.
    Need: These land mobile radio services rules are promulgated to 
promote flexibility to radio users in meeting their communications 
needs where communications are used as a tool for businesses to provide 
their products and services more economically.
    Legal Basis: Secs. 4, 303; 48 Stat., as amended 1066, 1082; 47 
U.S.C. 154, 303.
    Section Number and Title:

Subpart G--Applications and Authorizations

90.127 Submission and filing of applications.
90.135 Modification of license.

Subpart J--Non-Voice and Other Specialized Operations

90.235 Secondary fixed signaling operations.

Subpart K--Standards for Special Frequencies or Frequency Bands

90.257 Assignment and use of frequencies in the band 72-76 MHz.

Subpart L--Authorizing in the Band 470-512 MHz (UHF-TV Sharing)

90.317 Fixed ancillary signaling and data transmissions.

Subpart S--Regulations Governing Licensing and Use of Frequencies 
in the 806-824, 851-869, 896-901, and 935-940 MHZ Bands.

90.609 Special limitations on amendment of applications for 
assignment or transfer of authorizations for radio systems above 800 
MHz.
90.619 Frequencies available for use in the U.S./Mexico and U.S./
Canada border areas.
90.621 Selection and assignment of frequencies.
90.637 Restrictions on operational fixed stations.
90.655 Special licensing requirements for Specialized Mobile Radio 
systems.
90.656 Responsibilities of base station licensees of Specialized 
Mobile Radio systems.
90.658 Loading data required for base station licensees of trunked 
Specialized Mobile Radio systems to acquire additional channels or 
to renew trunked systems licensed before June 1, 1993.

PART 95--PERSONAL RADIO SERVICES

    Brief Description: The Personal Radio Services provide the general 
public with short-range wireless communications for a variety of 
activities. The services include the General Mobile Radio Service 
(GMRS), the Family Radio Service (FRS), the Radio Control Radio Service 
(R/C Service), the Citizens Band Radio Service, the 218-219 MHz 
Service, the Low Power Radio Service (LPRS), the Wireless Medical 
Telemetry Service (WMTS), and the Medical Implant Communications 
Service (MICS). GMRS allows short-range two-way communications to 
facilitate the activities of the licensee and their immediate family 
members. FRS allows short-range voice communications. The R/C Service 
allows the remote operation and control devices such as model airplanes 
and aircraft. The 218-219 MHz Service is a two-way radio service that 
allows licensees to provide communications services to subscribers in a 
specific service area. LPRS is used to provide auditory assistance 
communications for people with disabilities or people requiring 
language translation, health care related communications, and law 
enforcement tracking signals. WMTS is used to measure and record 
physiological parameters and other patient-related information. MICS is 
used to transmit operational, diagnostic, or therapeutic information 
concerning medical implant devices to health care professionals.
    Need: These personal radio services rules are promulgated to 
promote flexibility of users to take advantage of new technology and 
equipment.
    Legal Basis: Secs. 4, 303; 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.
    Section Number and Title:

Subpart D--Citizens Band (CB) Radio Service

95.418 (CB Rule 18) How do I use my CB station in an emergency or to 
assist a traveler?

Subpart E--Technical Regulations

95.623 R/C transmitter channel frequencies.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart A--Terminology

    Brief Description: This rule provides definitions for terms used in 
rules.
    Need: This rule is essential for the implementation and 
understanding of other rule sections.
    Legal Basis: 47 U.S.C. 302.
2.1(c) Definitions.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart B--Allocation, Assignment and Use of Radio Frequencies

    Brief Description: These rules display the Table of Frequency 
Allocations, which sets forth a ``road map'' of the service allocations 
of radio frequency spectrum throughout the world. The Table of 
Allocations also indicates how spectrum is allocated among Federal 
Government users, who are subject to the regulatory jurisdiction of the 
Department of Commerce's National Telecommunications and Information 
Administration, and non-Federal users, who are subject to the 
Commission's jurisdiction. The table further shows the services to 
which the various spectrum bands are allocated. The precise technical 
rules governing each service regulated by the Commission, however, are 
set forth in the several other parts of the Commission's rules.
    Need: These rules are promulgated to promote the efficient use of 
the radio spectrum in order to prevent harmful interference among users 
of radio frequencies, to ensure safety of life and property, and to 
promote interoperability among radio frequencies throughout the world.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

2.106 Table of Frequency Allocations

Subpart J--Equipment Authorization Procedures

    Brief Description: These rules provide technical standards for 
radio equipment and their part and components.
    Need: These rules permit the Commission to carry out its 
responsibilities under the Communications Act and the various treaties 
and international regulations, and to promote the efficient utilization 
of the spectrum.
    Legal Basis: 47 U.S.C. 154, 303.

[[Page 64972]]

    Section Number and Title:

2.948 Description of measurement facilities
2.1033(b)(11) Application for certification
2.1055(a)(2) Measurements required; Frequency stability

Subpart K--Importation of Devices Capable of Causing Harmful 
Interference

    Brief Description: These rules are designed to prevent interference 
from radio-frequency devices and to facilitate the filing of FCC Form 
740 information regarding equipment importation.
    Need: These rules control technical criteria, reducing filing and 
handling burden on both importers and the federal government, including 
the U.S. Customs Service.
    Legal Basis: 27 U.S.C. 154(I), 302, 303(r).
    Section Number and Title:

2.1201 Purpose
2.1202 Exclusions
2.1203 General requirement for entry into the U.S.A.
2.1204 Import conditions
2.1205 Filing of required declaration
2.1207 Examination of imported equipment

Subpart N--FCC Procedure for Testing Class A, B, and S Emergency 
Position Indicating Radiobeacons (EPIRBs)

    Brief Description: These rules set standards for testing Class A, 
B, and S Emergency Position Indicating Radiobeacons (EPIRBs)
    Need: These rules are necessary to provide manufacturers with 
information necessary to develop EPIRB equipment that will comply with 
technical standards, and to ensure the appropriate measurement of such 
equipment to determine its compliance with our technical rules.
    Legal Basis: 47 U.S.C. 154, 302
    Section Number and Title:

2.1 Introduction
2.1503 Test environment
2.1505 Test instrumentation and equipment
2.1507 Test frequencies
2.1509 Environmental and duration tests
2.1511 Measurements of radiated emissions
2.1513 Measurements of modulation characteristics
2.151 Spectral Measurements
2.1517 Data recording/reporting requirements

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

Subpart B--Applications and Licenses

    Brief Description: These rules set out eligibility, application, 
licensing and operating procedures and requirements for experimental 
stations.
    Need: These rules permit the experimentation in new radio 
technology and applications while ensuring the protection of incumbent 
services.
    Legal Basis: 47 U.S.C. 154, 302, 307.
    Section Number and Title:

5.51(c) Eligibility of license
5.53(b) Stations authorization required

PART 15--RADIOFREQUENCY DEVICES

    Brief Description: These rules provide the parameters necessary to 
permit the unlicensed operation of radiofrequency devices, including 
specification of the levels of wanted and unwanted emissions and 
frequencies of permitted operation
    Need: These rules are necessary to promote the efficient use of the 
radio spectrum by preventing harmful interference to licensed radio 
services that share the same or nearby spectrum as unlicensed devices. 
Such licensed services include broadcast, cellular, safety-of-life 
communications, U.S. Government operations, and others.
    Legal Basis: 47 U.S.C. 154, 302, 307.
    Section Number and Title:

Subpart A--General

15.3 Definitions
15.31 Measurement standards
15.35 Measurement detector functions and bandwidths
15.13 Transition provisions for compliance with the rules

Subpart B--Unintentional Radiators

15.107 Conducted limits
15.109 Radiated emission limits
15.115 TV interface devices, including cable system terminal devices
15.119 Closed caption decoder requirements for analog television 
receivers

Subpart C--Intentional Radiators

15.203 Antenna requirement
15.205 Restricted bands of operation
15.207 Conducted limits
15.209 Radiated emission limits; general requirements
15.214 Cordless telephones
15.221 Operation in the band 525-1705 kHz
15.229 Operation in the band 40.66-40.70 MHz
15.237 Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz, and 
75.2-76.0 MHz
15.245 Operation within the bands 902-928 MHz, 2435-2465 MHz, 5785-
5815 MHz, 10500-10550 MHz, and 14075-14175 MHz
15.247 Operation within the bands 902-928 MHz, 2400-2483.5 MHz, and 
5725-5850 MHz
15.249 Operations within the bands 902-928 MHz, 2400-2483.5 MHz, 
5725-2875 MHz, and 24.0-24.25 GHz 6

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart A-- Terminology

    Brief Description: This rule provides definitions for terms used in 
rules.
    Need: This rule is essential for the implementation and 
understanding of other rule sections.
    Legal Basis: 47 U.S.C. 302
    Section Number and Title:

2.1(c) Definitions

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart B--Allocation, Asignment and Use of Radio Frequencies

    Brief Description: These rules display the Table of Frequency 
Allocations, which sets forth a ``road map'' of the service allocations 
of radio frequency spectrum throughout the world. The Table of 
Allocations also indicates how spectrum is allocated among Federal 
Government users, who are subject to the regulatory jurisdiction of the 
Department of Commerce's National Telecommunications and Information 
Administration, and non-Federal users, who are subject to the 
Commission's jurisdiction. The table further shows the services to 
which the various spectrum bands are allocated. The precise technical 
rules governing each service regulated by the Commission, however, are 
set forth in the several other parts of the Commission's rules.
    Need: These rules are promulgated to promote the efficient use of 
the radio spectrum in order to prevent harmful interference among users 
of radio frequencies, to ensure safety of life and property, and to 
promote interoperability among radio frequencies throughout the world.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

2.107 Table of Frequency Allocations

Subpart J--Equipment Authorization Procedures

    Brief Description: These rules provide technical standards for 
radio equipment and their part and components.
    Need: These rules permit the Commission to carry out its 
responsibilities under the Communications Act and the various treaties 
and international regulations, and to promote the efficient utilization 
of the spectrum.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

2.948 Description of measurement facilities

[[Page 64973]]

2.1033(b)(11) Application for certification
2.1055(a)(2) Measurements required; Frequency stability

Subpart K--Importation of Devices Capable of Causing Harmful 
Interference

    Brief Description: These rules are designed to prevent interference 
from radio-frequency devices and to facilitate the filing of FCC Form 
740 information regarding equipment importation.
    Need: These rules control technical criteria, reducing filing and 
handling burden on both importers and the federal government, including 
the U.S. Customs Service.
    Legal Basis: 27 U.S.C. 154(I), 302, 303(r).
    Section Number and Title:

2.1201 Purpose
2.1202 Exclusions
2.1203 General requirement for entry into the U.S.A.
2.1204 Import conditions
2.1205 Filing of required declaration
2.1207 Examination of imported equipment

Subpart N--FCC Procedure for Testing Class A, B, and S Emergency 
Position Indicating Radiobeacons (EPIRBs)

    Brief Description: These rules set standards for testing Class A, 
B, and S Emergency Position Indicating Radiobeacons (EPIRBs)
    Need: These rules are necessary to provide manufacturers with 
information necessary to develop EPIRB equipment that will comply with 
technical standards, and to ensure the appropriate measurement of such 
equipment to determine its compliance with our technical rules.
    Legal Basis: 47 U.S.C. 154, 302
    Section Number and Title:

2.1502 Introduction
2.1503 Test environment
2.1506 Test instrumentation and equipment
2.1508 Test frequencies
2.1510 Environmental and duration tests
2.1512 Measurements of radiated emissions
2.1514 Measurements of modulation characteristics
2.1516 Spectral Measurements
2.1518 Data recording/reporting requirements

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

Subpart B--Applications and Licenses

    Brief Description: These rules set out eligibility, application, 
licensing and operating procedures and requirements for experimental 
stations.
    Need: These rules permit the experimentation in new radio 
technology and applications while ensuring the protection of incumbent 
services.
    Legal Basis: 47 U.S.C. 154, 302, 307.
    Section Number and Title:

5.51(c) Eligibility of license
5.53(b) Stations authorization required

PART 15--RADIO FREQUENCY DEVICES

    Brief Description: These rules provide the parameters necessary to 
permit the unlicensed operation of radiofrequency devices, including 
specification of the levels of wanted and unwanted emissions and 
frequencies of permitted operation.
    Need: These rules are necessary to promote the efficient use of the 
radio spectrum by preventing harmful interference to licensed radio 
services that share the same or nearby spectrum as unlicensed devices. 
Such licensed services include broadcast, cellular, safety-of-life 
communications, U.S. Government operations, and others.
    Legal Basis: 47 U.S.C. 154, 302, 307.
    Section Number and Title:

Subpart A--General

15.4 Definitions
15.32 Measurement standards
15.36 Measurement detector functions and bandwidths
15.38 Transition provisions for compliance with the rules

Subpart B--Unintentional Radiators

15.108 Conducted limits
15.110 Radiated emission limits
15.116 TV interface devices, including cable system terminal devices
15.120 Closed caption decoder requirements for analog television 
receivers

Subpart C--Intentional Radiators

15.204 Antenna requirement
15.206 Restricted bands of operation
15.208 Conducted limits
15.210 Radiated emission limits; general requirements
15.215 Cordless telephones
15.222 Operation in the band 525-1705 kHz
15.229 Operation in the band 40.66-40.70 MHz
15.238 Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz, and 
75.2-76.0 MHz
15.246 Operation within the bands 902-928 MHz, 2435-2465 MHz, 5785-
5815 MHz, 10500-10550 MHz, and 14075-14175 MHz
15.248 Operation within the bands 902-928 MHz, 2400-2483.5 MHz, and 
5725-5850 MHz
15.250 Operations within the bands 902-928 MHz, 2400-2483.5 MHz, 
5725-2875 MHz, and 24.0-24.25 GHz

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

Subpart A--General

    Brief Description: The rules and regulations set forth in this 
section provide for the certification of cable television systems and 
for their operation in conformity with standards for carriage of 
television broadcast signals, program exclusivity, cablecasting, access 
channels, and related matters.
    Need: Theses rules prescribe definitions of cable television terms 
and requirements for waivers for special relief, enforcement, 
complaints, as well as declaratory ruling procedures.
    Legal basis: 47 U.S.C. 154, 303, 339
    Section Number and Title:

76.5(jj) Definitions: Rural area.
76.5(kk) Definitions: Technically integrated.
76.7(e) General special relief, waiver, enforcement, complaint, show 
cause, forfeiture, and declaratory ruling procedures. Additional 
procedures and written submissions.

Subpart D--Carriage of Television Broadcast Signals

    Brief Description: These rules provide for the carriage of 
television broadcast signals on cable television systems. Subject to 
the Commission's network nonduplication, syndicated exclusivity and 
sports broadcasting rules, cable systems must carry the entirety of the 
program schedule of every local television station carried pursuant to 
the Commission's mandatory carriage provisions or the retransmission 
consent provisions. A broadcaster and a cable operator may negotiate 
for partial carriage of the signal where the station is not eligible 
for must-carry rights, either because of the station's failure to meet 
the requisite definitions or because the cable system is outside the 
station's market area.
    Need: These rules prescribe requirements and obligations concerning 
cable television system carriage of television broadcast signals.
    Legal basis: 47 U.S.C. 154
    Section Number and Title:

76.54(c) Significantly viewed signals, method to be followed for 
special showings.

Subpart G--Cablecasting

    Brief Description: These rules provide for origination cablecasting 
concerning legally qualified candidates for public office, and rates 
charged for use of cable television systems by candidates in connection 
with campaign activities, including political files and fairness 
doctrines. Also, the rules include

[[Page 64974]]

information concerning the rates, terms, conditions and all discounts 
and privileges offered to commercial advertisers be disclosed and made 
available to candidates They also prescribe provisions for origination 
cablecasting for any advertisements of or information concerning any 
lottery, gift, enterprise, or similar scheme offering prizes dependent 
in whole or in part upon lot of chance.
    Need: These rules prescribe requirements that enable legally 
qualified political candidates to use cable television facilities.
    Legal basis: 47 U.S.C. 154
    Section Number and Title:

76.205 Origination cablecasts by legally qualified candidates for 
public office; equal opportunities.
76.206(a)(1)(i)(ii) Candidates Rates. Charges for use of cable 
television systems.
76.206(2) Candidates Rates. Charges for use of cable television 
systems.
76.207 Political file (This section was renumbered as Section 
76.1701 pursuant to the Commission's reorganization and renumbering 
of Section 76 as part of the 1998 Biennial Review-Multichannel Video 
and Cable Television Service, 65 FR 53610).
76.213(c) Lotteries.
76.213(e) Lotteries.
76.221(a) Sponsorship identification. (This section was renumbered 
as Section 76.1715 pursuant to the Commission's reorganization and 
renumbering of Section 76 as part of the 1998 Biennial Review-
Multichannel Video and Cable Television Service, 65 FR 53610).
76.225 Commercial limits in children's programs

Subpart H--General Operating Requirements

    Brief Description: These rules provide guidelines for general 
operation requirements including customer service obligations and cable 
records which must be made available to the public for inspection are 
provided for in this section.
    Need: These rules prescribe general operating and recordkeeping 
requirements for cable television systems.
    Legal basis: 47 U.S.C. 154, 521
    Section number and Title:

76.305(a) Records to be maintained locally by cable system 
operators. Recordkeeping requirements. (This section was renumbered 
as 76.1700(a) pursuant to the Commission's reorganization and 
renumbering of Section 76 as part of the 1998 Biennial Review--
Multichannel Video and Cable Television Service, 65 FR 53610).
76.305(c) Records to be maintained locally by cable system 
operators. (This section was renumbered as 76.1700(c) pursuant to 
the Commission's reorganization and renumbering of Section 76 as 
part of the 1998 Biennial Review--Multichannel Video and Cable 
Television Service). (65 FR 53610)

Subpart J--Ownership of Cable Systems

    Brief Description: The Commission rules restrict the ability of 
television broadcast stations, national television networks, MMDS, and 
SMATV systems to own or control interests in cable systems. These rules 
also restrict the ownership interest of cable operators and their 
ability to own or control video programming services. While there are 
no prohibitions on foreign ownership of cable television systems, 
foreign governments or their representatives may not own CARS stations.
    Need: This section prescribes rules for the diversity of cable 
television system ownership and restrictions on ownership interests by 
video programming providers.
    Legal basis: 47 U.S.C. 154, 533
    Section Number and Title:

76.501 Cross-ownership.

Subpart K--Technical Standards

    Brief description: These rules provide technical performance 
standards for the operation of cable television systems to ensure the 
delivery of satisfactory television signals to cable subscribers. Local 
franchising authorities are generally authorized to enforce these 
technical standards through their franchising process.
    Need: These rules prescribe technical standards applicable to cable 
television service.
    Legal basis: 47 U.S.C. 154, 303, and 601
    Section Number and Title:

76.601 (c)(1) Performance Tests
76.601 (c)(2) Performance Tests
76.601 (c)(4) Performance Tests
76.601 Note Performance Tests
76.605 (a) Technical Standards
76.605 (b) Technical Standards
76.605 (Note 1) Note 1
76.605 (Note 2) Note 2
76.605 (Note 3) Note 3
76.605 (Note 4) Note 4
76.605 (Note 5) Note 5
76.605 (Note 6) Note 6
76.606 Closed Captioning
76.607 Complaint Resolution (This section was renumbered as Section 
76.1713 pursuant to the Commission's reorganization and renumbering 
of Section 76 as part of the 1998 Biennial Review--Multichannel 
Video and Cable Television Service, 65 FR 53610).
76.609 (d)(2) Measurements
76.609 (e) Measurements
76.609 (g) Measurements
76.609 (h)(2) Measurements
76.609 (j) Measurements

PART 78--CABLE TELEVISION RELAY SERVICE

Subpart A--General

    Brief Description: The rules and regulations prescribe regulations, 
definitions and other pertinent rules relating to cable television 
relay service (CARS).
    Need: These rules set forth guidelines for the licensing and 
operation of fixed or mobile cable television relay service stations 
(CARS) used for the transmission of television and related audio 
signals, signals of standard and FM broadcast stations, signals of 
instructional television fixed stations, and cablecasting from the 
point of reception to a terminal point from which the signals are 
distributed to the public by cable.
    Legal basis: 47 U.S.C. 154, 303
    Section Number and Title:

78.3 Other pertinent rules
78.5 (g) Definitions: Unattended operation.

Subpart B--Applications and Licenses

    Brief Description: These rules set forth procedures for applying 
for licenses to operate cable antenna relay service stations. Cable 
systems uses these microwave relay stations to obtain certain signals 
when it is impractical to use cable delivery. Cable operators may 
purchase microwave relay service from companies providing such common 
carrier services, or they may operate their own relay stations licensed 
by the Commission.
    Need: These rules prescribe application and licensing requirements 
applicable to cable television relay service.
    Legal basis: 47 U.S.C. 154, 303.
    Section Number and Title:

78.11 (a) Permissible service
78.11 (c) Permissible service
78.11 (d) Permissible service
78.11 (e) Permissible service
78.11 (f) Permissible service
78.11 (g) Permissible service
78.13 (d) Eligibility for license
78.15 (c) Contents of applications
78.27 (a) License conditions
78.33 (b) Special temporary authority
78.105 (a)(1) Antenna systems
78.105 (b) Antenna systems

PART 1--PRACTICE AND PROCEDURE

Subpart C--Rulemaking Proceedings

    Brief Description: This rule requires that, whenever an expression 
of interest has been filed in a proceeding to amend the FM or TV Table 
of Allotments, and the filing party seeks to dismiss or withdraw the 
expression of interest, the party must file with the Commission a

[[Page 64975]]

request for approval of the dismissal or withdrawal.
    Need: Without the requirement, the Commission could not monitor the 
Tables.
    Legal Basis: 47 U.S.C. 154, 303, 307.
    Section Number and Title:

1.420 (j) Additional procedures in proceedings for amendment of the 
FM or TV Tables of Allotments.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

Subpart K--Multipoint Distribution Service

    Brief Description: These rules prescribe procedures for Multipoint 
Distribution Service (MDS) licensees in the domestic public fixed radio 
services.
    Need: These rules are established to provide procedures for common 
carrier MDS licensees. These rules supply requirements for cable 
television and the competitive bidding process; instructions for 
specific application forms, partitioned service areas, basic trading 
areas, and all other procedures applicable to MDS.
    Legal Basis: 47 U.S.C. 151, 154, 201, 202, 203 204, 205, 208, 215, 
218, 303, 307, 313, 314, 403, 404, 552, 554, 602.
    Section Number and Title:

21.911 Annual reports.
21.914 Mutually-exclusive MDS applications.

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of AM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for AM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.35 Calculation of improvement factors.
73.151 Field strength measurements to establish performance of 
directional antennas.
73.152 Modification of directional antenna data.
73.183 Groundwave signals.

Subpart B--FM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of FM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for FM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.208 Reference points and distance computations.
73.215 Contour protection for short stations.

Subpart E--Television Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of television broadcast equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
operating procedures for television broadcast services.
    Legal Basis: 47 U.S.C. 154, 155, 303, 334, 336.
    Section Number and Title:

73.670 Commercial limits in children's programs.
73.687 Transmission system requirements.

Subpart H--Rules Applicable to all Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of all broadcast services.
    Need: These rules prescribe operating procedures applicable to all 
broadcast services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.1212 Sponsorship identification; list retention; related 
requirements.
73.1217 Broadcast hoaxes.
73.1942 Candidate rates.
73.1943 Political file.
73.1944 Reasonable access.
73.3556 Duplication of programming on commonly owned or time 
brokered stations.
73.3588 Dismissal of petitions to deny or withdrawal of informal 
objections.
73.3589 Threats to file petitions to deny or informal objections.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

Subpart D--Remote Pickup Broadcast Stations

    Brief Description: This rule prescribes the frequency, type of 
equipment and method that a remote pickup broadcast station shall use 
when identifying itself on the air.
    Need: Operators identify their remote pickup broadcast stations 
using the means described in this rule. Without this rule, the 
Commission and the public would be unable to identify the station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.482 Station identification.

Subpart E--Aural Broadcast Auxiliary Stations

    Brief Description: This rule assists in prescribing operating 
procedures exclusive to aural broadcast auxiliary stations.
    Need: This rule describes the different classes of aural broadcast 
auxiliary stations, which assists parties in determining which 
operating procedures apply to a particular station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

Subpart I--Instructional Television Fixed Service

    Brief Description: These rules prescribe operating procedure 
exclusive to instructional television fixed service stations.
    Need: These rules promote procedures for instructional television 
fixed service (ITFS) broadcasting stations, frequencies on fixed 
broadcast stations, fixed service applications, multi-channel 
distribution and all other procedures applicable to television fixed 
service.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.986 Involuntary ITFS station modifications.
74.990 Use of available instructional television fixed service 
frequencies by wireless cable entities.
74.991 Wireless cable application procedures.
74.992 Access to channels licensed to wireless cable entities.

Subpart L--FM Broadcast Translator Stations and FM Broadcast 
Booster Stations

    Brief Description: These rules prescribe operating procedures 
exclusive to FM broadcast translator and FM broadcast booster stations.
    Need: These rules provide procedures pertaining to transmitting FM 
signal channels for primary stations, FM radio broadcast stations, and 
FM booster stations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.1201 Definitions.
74.1205 Protection of channel 6 TV broadcast stations.

PART 1--PRACTICE AND PROCEDURE

Subpart C--Rulemaking Proceedings

    Brief Description: This rule requires that, whenever an expression 
of interest

[[Page 64976]]

has been filed in a proceeding to amend the FM or TV Table of 
Allotments, and the filing party seeks to dismiss or withdraw the 
expression of interest, the party must file with the Commission a 
request for approval of the dismissal or withdrawal.
    Need: Without the requirement, the Commission could not monitor the 
Tables.
    Legal Basis: 47 U.S.C. 154, 303, 307.
    Section Number and Title:

1.420 (j) Additional procedures in proceedings for amendment of the 
FM or TV Tables of Allotments.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

Subpart K--Multipoint Distribution Service

    Brief Description: These rules prescribe procedures for Multipoint 
Distribution Service (MDS) licensees in the domestic public fixed radio 
services.
    Need: These rules are established to provide procedures for common 
carrier MDS licensees. These rules supply requirements for cable 
television and the competitive bidding process; instructions for 
specific application forms, partitioned service areas, basic trading 
areas, and all other procedures applicable to MDS.
    Legal Basis: 47 U.S.C. 151, 154, 201, 202, 203, 204, 205, 208, 215, 
218, 303, 307, 313, 314, 403, 404, 552, 554, 602.
    Section Number and Title:

21.911 Annual reports.
21.914 Mutually-exclusive MDS applications.

PART 73--RADIO BROADCAST SERVICES

Subpart A-AM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of AM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for AM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.35 Calculation of improvement factors.
73.151 Field strength measurements to establish performance of 
directional antennas.
73.152 Modification of directional antenna data.
73.183 Groundwave signals.

Subpart B--FM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of FM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for FM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.208 Reference points and distance computations.
73.215 Contour protection for short-spaced stations.

Subpart E--Television Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of television broadcast equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
operating procedures for television broadcast services.
    Legal Basis: 47 U.S.C. 154, 155, 303, 334, 336.
    Section Number and Title:

73.670 Commercial limits in children's programs.
73.687 Transmission system requirements.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of all broadcast services.
    Need: These rules prescribe operating procedures applicable to all 
broadcast services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.1212 Sponsorship identification; list retention; related 
requirements.
73.1217 Broadcast hoaxes.
73.1942 Candidate rates.
73.1943 Political file.
73.1944 Reasonable access.
73.3556 Duplication of programming on commonly owned or time 
brokered stations.
73.3588 Dismissal of petitions to deny or withdrawal of informal 
objections.
73.3589 Threats to file petitions to deny or informal objections.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

Subpart D--Remote Pickup Broadcast Stations

    Brief Description: This rule prescribes the frequency, type of 
equipment and method that a remote pickup broadcast station shall use 
when identifying itself on the air.
    Need: Operators identify their remote pickup broadcast stations 
using the means described in this rule. Without this rule, the 
Commission and the public would be unable to identify the station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.482 Station identification.

Subpart E--Aural Broadcast Auxiliary Stations

    Brief Description: This rule assists in prescribing operating 
procedures exclusive to aural broadcast auxiliary stations.
    Need: This rule describes the different classes of aural broadcast 
auxiliary stations, which assists parties in determining which 
operating procedures apply to a particular station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

Subpart I--Instructional Television Fixed Service

    Brief Description: These rules prescribe operating procedure 
exclusive to instructional television fixed service stations.
    Need: These rules promote procedures for instructional television 
fixed service (ITFS) broadcasting stations, frequencies on fixed 
broadcast stations, fixed service applications, multi-channel 
distribution and all other procedures applicable to television fixed 
service.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.986 Involuntary ITFS station modifications.
74.990 Use of available instructional television fixed service 
frequencies by wireless cable entities.
74.991 Wireless cable application procedures.
74.992 Access to channels licensed to wireless cable entities.

Subpart L--FM Broadcast Translator Stations and FM Broadcast 
Booster Stations

    Brief Description: These rules prescribe operating procedures 
exclusive to FM broadcast translator and FM broadcast booster stations.
    Need: These rules provide procedures pertaining to transmitting FM 
signal channels for primary stations, FM radio broadcast stations, and 
FM booster stations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.1201 Definitions.
74.1205 Protection of channel 6 TV broadcast stations.

[[Page 64977]]

PART 1--PRACTICE AND PROCEDURE

Subpart C--Rulemaking Proceedings

    Brief Description: This rule requires that, whenever an expression 
of interest has been filed in a proceeding to amend the FM or TV Table 
of Allotments, and the filing party seeks to dismiss or withdraw the 
expression of interest, the party must file with the Commission a 
request for approval of the dismissal or withdrawal.
    Need: Without the requirement, the Commission could not monitor the 
Tables.
    Legal Basis: 47 U.S.C. 154, 303, 307.
    Section Number and Title:

1.420(j) Additional procedures in proceedings for amendment of the 
FM or TV Tables of Allotments.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

Subpart K--Multipoint Distribution Service

    Brief Description: These rules prescribe procedures for Multipoint 
Distribution Service (MDS) licensees in the domestic public fixed radio 
services.
    Need: These rules are established to provide procedures for common 
carrier MDS licensees. These rules supply requirements for cable 
television and the competitive bidding process; instructions for 
specific application forms, partitioned service areas, basic trading 
areas, and all other procedures applicable to MDS.
    Legal Basis: 47 U.S.C. 151, 154, 201, 202, 203 204, 205, 208, 215, 
218, 303, 307, 313, 314, 403, 404, 552, 554, 602.
    Section Number and Title:

21.911 Annual reports.
21.914 Mutually-exclusive MDS applications.

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of AM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for AM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.35 Calculation of improvement factors.
73.151 Field strength measurements to establish performance of 
directional antennas.
73.152 Modification of directional antenna data.
73.183 Groundwave signals.

Subpart B--FM Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of FM radio equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
procedures for FM broadcast radio services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.208 Reference points and distance computations.
73.215 Contour protection for short-spaced stations.

Subpart E--Television Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of television broadcast equipment and licenses.
    Need: These rules prescribe certain technical requirements and 
operating procedures for television broadcast services.
    Legal Basis: 47 U.S.C. 154, 155, 303, 334, 336.
    Section Number and Title:

73.670 Commercial limits in children's programs.
73.687 Transmission system requirements.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: These rules provide for compliance and 
authorization of all broadcast services.
    Need: These rules prescribe operating procedures applicable to all 
broadcast services.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.1212 Sponsorship identification; list retention; related 
requirements.
73.1217 Broadcast hoaxes.
73.1942 Candidate rates.
73.1943 Political file.
73.1944 Reasonable access.
73.3556 Duplication of programming on commonly owned or time 
brokered stations.
73.3588 Dismissal of petitions to deny or withdrawal of informal 
objections.
73.3589 Threats to file petitions to deny or informal objections.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

Subpart D--Remote Pickup Broadcast Stations

    Brief Description: This rule prescribes the frequency, type of 
equipment and method that a remote pickup broadcast station shall use 
when identifying itself on the air.
    Need: Operators identify their remote pickup broadcast stations 
using the means described in this rule. Without this rule, the 
Commission and the public would be unable to identify the station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.482 Station identification.

Subpart E--Aural Broadcast Auxiliary Stations

    Brief Description: This rule assists in prescribing operating 
procedures exclusive to aural broadcast auxiliary stations.
    Need: This rule describes the different classes of aural broadcast 
auxiliary stations, which assists parties in determining which 
operating procedures apply to a particular station.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

Subpart I--Instructional Television Fixed Service

    Brief Description: These rules prescribe operating procedure 
exclusive to instructional television fixed service stations.
    Need: These rules promote procedures for instructional television 
fixed service (ITFS) broadcasting stations, frequencies on fixed 
broadcast stations, fixed service applications, multi-channel 
distribution and all other procedures applicable to television fixed 
service.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.
    Section Number and Title:

74.986 Involuntary ITFS station modifications.
74.990 Use of available instructional television fixed service 
frequencies by wireless cable entities.
74.991 Wireless cable application procedures.
74.992 Access to channels licensed to wireless cable entities.

Subpart L--FM Broadcast Translator Stations and FM Broadcast 
Booster Stations

    Brief Description: These rules prescribe operating procedures 
exclusive to FM broadcast translator and FM broadcast booster stations.
    Need: These rules provide procedures pertaining to transmitting FM 
signal channels for primary stations, FM radio broadcast stations, and 
FM booster stations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 554.

[[Page 64978]]

    Section Number and Title:

74.1201 Definitions.
74.1205 Protection of channel 6 TV broadcast stations.

Common Carrier Bureau's List of Rules for Review Pursuant to the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 610 for 2000, 2001, 2002

    All listed rules are in Title 47 of the Code of Federal 
Regulations.

PART 1--PRACTICE AND PROCEDURE

Subpart I--Procedures Implementing the National Environmental 
Policy Act of 1969

    Brief Description: The rules contained in subpart 1 implement the 
requirements of the National Environmental Policy Act (NEPA) as well as 
a series of other federal environmental laws, such as the Endangered 
Species Act of 1973, as amended, the National Historic Preservation Act 
of 1966, the Wilderness Act of 1964, as amended, laws relating to 
Indian Ceremonial Sites and the Wildlife Refuge Laws. In addition the 
Commission's environmental rules implement Executive Orders regarding 
flood plains and wetlands regulation. By statute and/or as set forth in 
the regulations of the Council on Environmental Quality (CEQ), the 
Commission is responsible for ensuring compliance with these laws. The 
rules also identify certain special issues for consideration, including 
the impact of high-intensity white lights on towers in residential 
neighborhoods and the effect of radiofrequency emissions on the human 
environment.
    Need: The Commission's environmental rules identify those sensitive 
environmental issues which Commission licensees must address. As the 
primary Federal agency managing and licensing radio spectrum 
broadcasters, wireless telephone carriers and other public and private 
radio users, the Commission complies with NEPA by requiring its 
licensees to assess and, if found, report the potential environmental 
consequences of their proposed projects.
    Legal Basis: 47 U.S.C. 154(i), 154(j), and 303(r).
    Section Number and Title:

1.1303 Scope.
1.1306 Actions which are categorically excluded from environmental 
processing.
1.1307 Actions that may have a significant environmental effect, for 
which Environmental Assessments (EAs) must be prepared.
1.1312 Facilities for which no preconstruction authorization is 
required.

PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES 
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, 
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES

    Brief Description: This rule contains procedures and standards for 
allocating telephone company investment, expenses, taxes, and reserves 
between the state and federal jurisdictions.
    Need: This rule permits carriers that serve high-cost areas to 
allocate additional local loop costs to the interstate jurisdiction and 
recover those costs through the universal service mechanism.
    Legal Basis: Sec. 4; 48 Stat. 1066, as amended, 47 U.S.C. 154. Sec. 
205, 219, 220, 221(c), 48 Stat. 1077 as amended, 1078; 47 U.S.C. 154, 
205, 219, 220, 221(c).

Subpart F--Universal Service Fund

    Section Number and Title:

36.601 General.
36.621 Study area total unseparated loop cost.
36.622 National and study area average unseparated loop costs.

PART 61--TARIFFS

Subpart H--Applications for Special Permission

    Brief Description: The Part 61 rules are designed to implement the 
provisions of sections 201, 202, 203 and 204 of the Communications Act 
and ensure that rates are just, reasonable, and not unjustly or 
unreasonably discriminatory. The Part 61 rules govern the filing, form, 
content, public notice periods, and accompanying support materials for 
tariffs. Part 61 rules also establish the pricing rules and related 
requirements that apply to incumbent local exchange carriers that are 
subject to price cap regulation.
    Need: At the time the Commission implemented the Treasury 
Department Lockbox Collection Program for all fees, requiring that 
submissions with fees be filed only with the lockbox bank in 
Pittsburgh, the tariff rules were revised to specify that any special 
permission application must be filed with the fee payment at the 
lockbox bank, while the attachments must be filed at the Office of the 
Secretary.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 403.
    Section Numbers and Titles:

61.151 Scope.
61.152 Terms of applications and grants.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart I--Procedures Implementing the Telecommunication Relay 
Services and Related Customer Premises Equipment for Persons With 
Disabilities

    Brief Description: Title IV of the Americans with Disabilities Act 
(ADA), which is codified at section 225 of the Communications Act of 
1934, as amended (the Act), mandates that the Commission ensure that 
interstate and intrastate telecommunications relay services (TRS) are 
available, to the extent possible and in the most efficient manner, to 
individuals in the United States with hearing and speech disabilities. 
Title IV aims to further the Act's goal of universal service by 
providing to individuals with hearing or speech disabilities, telephone 
services that are functionally equivalent to those available to 
individuals without such disabilities. The ADA requires the Commission 
to establish functional requirements, guidelines, and operational 
procedures for TRS, and to establish minimum standards for carriers' 
provisioning of TRS. To establish a TRS that provides services which 
are functionally equivalent to telephone services available to voice 
users, Congress directed, among other things, that the Commission 
prohibit TRS providers from ``failing to fulfill the obligations of 
common carriers by refusing calls.''
    On July 26, 1991, the Commission released its First Report and 
Order on TRS. This item stated that, ``the Commission is amending its 
rules to require that each common carrier providing telephone voice 
transmission services shall, no later than July 26, 1993, provide 
throughout the area in which it offers service, telecommunications 
relay services (TRS), individually, through designees, through a 
competitively selected vendor, or in concert with other carriers.''\1\ 
This Report and Order adopted the Commission's Part 64, subpart F, 
rules.
---------------------------------------------------------------------------

    \1\ Telecommunications Services for Individuals with Hearing and 
Speech Disabilities, and the Americans with Disabilities Act of 
1990, Report and Order and Request for Comments, CC Docket No. 90-
571, 6 FCC Red 4657 (1991) (1991 Report and Order). See 47 CFR Sec.  
64.604(a)(3).
---------------------------------------------------------------------------

    In addition, one part of payphone service within the purview of NSD 
(Part 64, Subpart F) concerns TRS. In its First Report and Order on TRS 
(1991), the

[[Page 64979]]

Commission interpreted the ADA to require TRS providers to handle any 
type of call normally provided by common carriers, including coin sent 
paid TRS calls. Due to technical concerns, the Commission has not been 
able to enforce this requirement. Presently, a Report and Order is 
being written which would eliminate this requirement.
    Need: This rule implements the provisions of the ADA of 1990.
    Legal Basis: 47 U.S.C. 51, 54(I), 54(j), 201-205, and 403.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart B--Restrictions on Indecent Telephone Message Services

    Brief Description: This rule implements the provisions of section 
223(b) of the Act relating to defenses to prosecution for indecent 
commercial communications.
    Need: This rule is intended to implement the statutory restrictions 
on commercial provision by telephone of indecent communications.
    Legal Basis: Sec. 1, 4, 218-220, 223, 48 Stat. 1070, as amended; 47 
U.S.C. 151, 154, 218-220, 223.
    Section Number and Title:

64.201 Restrictions on indecent telephone message services.

Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment by Bell Operating Companies; Telephone Operator Services

    Brief Description: This rule sets forth information that must be 
made available by operator service providers to consumers.
    Need: This rule protects consumers by ensuring that they have 
access to useful information about the rates charged by operator 
service providers, and that they are able to reach the operator service 
provider of their choice.
    Legal Basis: Sec. 1, 4, 218-220, 226, 48 Stat. 1070, as amended; 47 
U.S.C. 151, 154, 218-220, 226.
    Section Number and Title:

64.703 Consumer information.
64.707 Public dissemination of information by providers of operating 
services.
64.708 Definitions.

Subpart L--Restrictions on Telephone Solicitation

    Brief Description: This rule imposes restrictions on telephone 
solicitation.
    Need: This rule adopts measures to implement requirements designed 
to protect telephone subscribers from unsolicited telephone calls 
without unnecessarily restricting legitimate telephone marketing and 
sales.
    Legal Basis: Sec. 1, 4, 218-220, 227, 48 Stat. 1070, as amended; 47 
U.S.C. 151, 154, 218-220, 227.
    Section Number ant Title:

64.1200 Delivery restrictions.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart N--Expanded Interconnection

    Brief Description: This rule requires that larger incumbent local 
exchange carriers (LECs), which do not participate in the National 
Exchange Carrier Association tariff, must provide expanded 
interconnection. Subpart N requires these incumbent LECs to allow other 
parties to interconnect with their networks through physical or virtual 
collocation for the provision of interstate access and switched 
transport services. Any interested party, including competitive LECs, 
interexchange carriers, and end users may take expanded interconnection 
from the LECs subject to this rule.
    Need: This rule promotes increased competition in the provision of 
interstate services by removing barriers to competitive provision of 
special access and switched transport services. In particular, subpart 
N makes collocation and interconnection available to parties not 
covered by Part 51 of the Commission's rules such as large businesses 
and universities.
    Legal Basis: 47 U.S.C. 151, 154, and 201-205.
    Section Number and Title:

64.1401 Expanded interconnection.
64.1402 Rights and responsibilities of interconnectors.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

Subpart A--General

    Brief Description: This rule defines the point of demarcation 
between customer premises telephone wiring and the line owned and/or 
controlled by the local exchange carrier.
    Need: This rule is necessary to establish competition in the 
provision and maintenance of inside wire.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.3 Definitions (Demarcation Point).
68.105 Minimum Point of Entry and Demarcation Point.

    Brief Description: This rule requires that all telephones be 
compatible with hearing aid devices.
    Need: This rule implements the provisions of the Hearing Aid 
Compatibility Act of 1988.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.4 Hearing-aid Compatible Telephones.

Subpart B--Conditions on Use of Terminal Equipment

    Brief Description: This rule authorizes telecommunications common 
carriers to discontinue service when harm occurs originating from 
customer-installed equipment.
    Need: This rule allows telecommunications common carriers to avoid 
harm to the public switched telephone network and to other customers' 
service originating from customer-installed wiring or equipment.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.108 Incidence of harm.

    Brief Description: This rule requires the providers of wireline 
telecommunications notify customers that a temporary discontinuance of 
service may be required; afford the customer the opportunity to take 
corrective action; and, inform the customer of his right to file a 
complaint with the Commission.
    Need: This rule specifies that public buildings and businesses must 
make available hearing aid compatible telephones, and by what date.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.112 Hearing aid-compatibility.

Subpart C--Terminal Equipment Approval Procedures

    Brief Description: This rule states the requirements pertaining to 
customer installation of inside wire that will protect the public 
switched telephone network.
    Need: The rule directs customer premises wiring to be installed in 
such a way that it will not harm the public switched telephone network.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.213 Installation of other than ``fully protected'' non-system 
simple customer premises wiring.

Subpart D--Conditions for Terminal Equipment Approval

    Brief Description: This rule requires automatic dialing devices 
that deliver a recorded message to release the called party's telephone 
line promptly.

[[Page 64980]]

    Need: Prior to this rule, automatic dialing devices delivering a 
recorded message could and did prevent a called party from acquiring a 
dial tone for an extended period of time. This rule avoids situations 
in which a called party cannot access his telephone line to make 
emergency and other calls.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.318(c) Line seizure by automatic telephone dialing systems.

    Brief Description: This rule requires that all customer premises 
equipment and software be capable of accessing operator service 
providers using equal access codes.
    Need: This rule facilitates competition among operator service 
providers by requiring that all callers have access to 10XXX code 
services.
    Legal Basis: 47 U.S.C. 151-154, 201-205, and 303(r).
    Section Number and Title:

68.318(e) Requirement that registered equipment allow access to 
common carriers.

PART 69--ACCESS CHARGES

Subpart B--Computation of Charges

    Brief Description: The Part 69 rules are designed to implement the 
provisions of sections 201 and 202 of the Communications Act and 
protect consumers by preventing the exercise of market power by 
incumbent local exchange carriers by ensuring that rates are just, 
reasonable, and not unjustly or unreasonably discriminatory. The 
requirement for a certain minimum set of access charge rate elements 
and the rate calculation rules for rate-of-return carriers also greatly 
reduce the resources required in the tariff review process.
    Need: Section 69.101 was adopted to replace rate-of-return 
regulation with a form of incentive regulation, one that directly 
limits rates by means of price caps, for the largest local exchange 
carriers. Section 69.119 was adopted to stimulate the introduction of 
innovative new enhanced services. Section 69.120 established a new 
switched access element for queries by interexchange carriers to local 
exchange carrier line information databases. Section 69.127 was adopted 
to encourage efficient use of transport facilities by allowing pricing 
that reflects costs, creating a rate structure conducive to 
interexchange competition, and avoiding interference with the 
development of interstate access competition.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 403.
    Section Numbers and Titles:

69.101 General.
69.119 Basic service element expedited approval process.
69.120 Line information database.
69.127 Transitional equal charge rule.

Subpart D--Apportionment of Net Investment

    Brief Description: The Part 69 rules protect customers from the 
exercise of market power by incumbent local exchange carriers. The 
requirement for a minimum set of access charge rate elements and the 
pricing rules for both rate-of-return and price-cap LECs greatly reduce 
the Commission resources required to ensure carrier compliance with 
sections 201 and 202 of the Communications Act. These requirements also 
greatly facilitate analysis of access charges by other interested 
parties.
    Need: Section 69.301 was adopted to facilitate more cost-based 
pricing and greater efficiency in the provision of transport service.
    Legal Basis: 47 U.S.C. z154, 201, 202, 203, 205, 218, 220, 403.
    Section Number and Title:

69.301 General.

Subpart G--Exchange Carrier Association

    Brief Description: The Part 69 rules also provide for the 
establishment of the National Exchange Carrier Association (NECA), 
which files tariffs on behalf of many of the smaller, rate-of-return 
local exchange carriers. Annual access tariff filings, including the 
average schedule formula changes filed by the National Exchange Carrier 
Association, were adopted to assure that rates would be reasonable, 
would reflect rules changes, and would become more closely aligned with 
costs.
    Need: Previously, the National Exchange Carrier Association was 
required to file updates to its average schedule formula, or certify 
that no change was required, by June 30 each year, which was six months 
before the January 1 effective date of the annual access tariffs. In 
the same rulemaking that changed the effective date for annual access 
tariffs from January 1 to July 1, the average schedule formula filing 
deadline was extended from June 30 to December 31 each year, six months 
before the effective date for annual access tariffs.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, and 403 and 5 
U.S.C. 553.
    Section Numbers and Titles:

69.606 Computation of average schedule company payments.

[FR Doc. 02-26429 Filed 10-21-02; 8:45 am]
BILLING CODE 6712-01-P