[Federal Register Volume 68, Number 143 (Friday, July 25, 2003)]
[Proposed Rules]
[Pages 44003-44011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18643]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22 and 90

[WT Docket No. 03-103; FCC 03-95]


Rules To Benefit the Consumers of Air-Ground Telecommunications 
Services; Biennial Regulatory Review

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on its rules 
governing the provision of air-ground telecommunications services on 
commercial airplanes in order to enhance the options available to the 
public. The Commission also proposes to revise or eliminate certain 
Public Mobile Services (PMS) rules that have become obsolete as the 
result of technological change, increased competition in the Commercial 
Mobile Radio Services (CMRS), supervening changes to related rules, or 
a combination of these factors. In addition, the Commission proposes to 
recodify and amend several rules, and make several conforming 
amendments to the Commission's rules. The Commission also seeks comment 
on providing licensees of nationwide paging channels flexibility to 
provide other services and on whether rules limiting the provision of 
dispatch service by paging licensees are too restrictive.

DATES: Comments are due on or before September 23, 2003, and reply 
comments are due on or before October 23, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., TW-
A325, Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Richard Arsenault, Commercial Wireless 
Division, Wireless Telecommunications Bureau, at (202) 418-0920, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 03-95, in WT Docket No. 03-103, adopted on 
April 17, 2003, and released on April 28, 2003. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the FCC's 
copy contractor, Qualex International, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554. The full text may also be downloaded at: 
http://www.fcc.gov. Alternative formats are available to persons with 
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 
418-7365 or at [email protected].
    1. In this Notice of Proposed Rulemaking (NPRM), the Commission 
undertakes a fundamental reexamination of its rules governing the

[[Page 44004]]

provision of air-ground telecommunications services on commercial 
airplanes (i.e., those rules affecting the availability of wireless 
services to passengers on commercial aircraft) in order to enhance the 
options available to the public. The Commission's goal is to promote 
service provision that better meets the needs of the public for 
wireless air-ground communications services. At present, only one of 
the six available licenses in this service is used to serve the public. 
In this NPRM, the Commission seeks comment on whether any changes to 
its rules could provide greater opportunities for the competitive 
provision of these services, leading to lower prices to consumers and 
increased choices in wireless services and enhancements while traveling 
by commercial airliner. To this end, the Commission is open to all 
possible suggestions for fundamental reform. In addition, in this 
context, the Commission seeks comment regarding whether the commercial 
air-ground spectrum is being efficiently used, since there is now only 
one operating licensee in a regulatory plan that originally 
contemplated six competing service providers. The Commission also seeks 
comment on possible amendment of rules for other wireless services to 
permit the provision of commercial air-ground service by licensees of 
such spectrum.
    2. The Commission initiates this proceeding partly in furtherance 
of its biennial review of regulations pursuant to section 11 of the 
Communications Act of 1934, as amended. Section 11 requires the 
Commission to review its regulations applicable to providers of 
telecommunications service and to ``determine whether any such 
regulation is no longer necessary in the public interest as the result 
of meaningful economic competition between providers of such service,'' 
and to repeal or modify any regulation that the Commission finds no 
longer necessary in the public interest. This NPRM, in part, is one of 
the steps in the Commission's implementation of staff recommendations 
under section 11 for deleting or modifying various part 22 rules. In 
addition, this NPRM considers other proposals submitted to the 
Commission by members of the public regarding changes to the part 22 
regulations, including those that do not fall within the scope of 
section 11. The Commission accordingly seeks comment on changes to 
rules for each of the part 22 services--Paging and Radiotelephone, 
Rural Radiotelephone, Air-Ground Radiotelephone, and Offshore 
Radiotelephone--other than cellular as well as its rules governing 
developmental authorizations. In addition to eliminating unnecessary 
regulatory hurdles, many of these proposals provide licensees with 
greater flexibility regarding the use of their spectrum, which in turn 
leads to greater technical, economic, and marketplace efficiency.
    3. In this NPRM, the Commission also proposes to revise or 
eliminate certain part 22 Public Mobile Services (PMS) rules that may 
have become obsolete as the result of technological change, increased 
competition in the Commercial Mobile Radio Services (CMRS), supervening 
changes to related Commission rules, or a combination of these factors. 
This NPRM in addition proposes to recodify certain part 22 PMS rules to 
part 1 of the Commission's rules, amend several of the part 1 rules, 
and make several conforming amendments to the Commission's part 90 
rules.
    4. In this NPRM, the Commission also seeks comment on ways to 
increase flexibility to enable licensees to better serve the public. 
For example, the Commission seeks comment on providing licensees of 
nationwide paging channels flexibility to provide other services and on 
whether its rules limiting the provision of dispatch service by paging 
licensees are too restrictive.
    5. Specifically, to illustrate the proposals outlined above, the 
NPRM seeks comment on elimination or modification of numerous part 22 
technical, operational and service rules. For example, the NPRM 
tentatively concludes that the directional antenna requirements set 
forth in Sec.  22.363 and Table C-2 to Sec.  22.361 should be 
eliminated. In addition to these rule changes, the NPRM seeks comment 
on elimination of the requirement to file FCC Form 409 (Airborne Mobile 
RadioTelephone License Application) to apply for authority to operate 
an airborne station. The NPRM also seeks comment regarding whether 
Sec.  1.929(c)(1) of the Commission's rules should be amended to 
specify that expansion of a composite interference contour (CIC) of a 
site-based licensee in the Paging and Radiotelephone Service--as well 
as the Rural Radiotelephone Service and 800 MHz Specialized Mobile 
Radio Service--over water, on a secondary, non interference basis, 
should be classified as a minor (rather than major) modification of 
license. Such reclassification would substantially reduce the filing 
requirements associated with these license modifications. Finally, the 
NPRM seeks comment on recodification of Sec.  22.157 (computation of 
distance) and Sec.  22.159 (computation of terrain elevation) to part 1 
of the Commission's rules. Subject to several exceptions, 
recodification of these rules to part 1 would harmonize the methods for 
computing distance and terrain elevation applicable to Wireless Radio 
Services described in parts 1, 20, 21, 22, 24, 27, 80, 87, 90, 95, 97, 
and 101 so that they are subject to the same requirements.

Procedural Matters

Initial Regulatory Flexibility Analysis

    6. As required by section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. Below contains the IRFA. The Commission 
requests written public comments on the IRFA. In order to fulfill the 
mandate of the Contract with America Advancement Act of 1996 regarding 
the Final Regulatory Flexibility Analysis, the Commission asks a number 
of questions regarding the prevalence of small businesses in the 
affected industries.
    7. Interested parties must file comments in accordance with the 
same filing deadlines as comments filed in this NPRM, but they must 
have a separate and distinct heading designating them as responses to 
the IRFA. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this NPRM, including the IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration 
in accordance with section 603(a) of the Regulatory Flexibility Act.

Ex Parte Rules--Permit-but-Disclose Proceedings

    8. This is a permit-but-disclose notice and comment rulemaking 
proceeding. The Commission's rules permit ex parte presentations, 
except during the Sunshine Agenda period, provided they are disclosed 
as provided in the Commission's rules. See generally 47 CFR 1.1202, 
1.1203, and 1.2306(a).

Comment Dates

    9. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments on or before September 23, 
2003, and reply comments October 23, 2003. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS), http://www.fcc.gov/e-file/ecfs.html, or by filing paper copies.

[[Page 44005]]

    10. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, 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, commenters should send an e-mail to [email protected], and 
should including the following words in the body of the message, ``get 
form [email protected].
    13. Alternative formats (computer diskette, large print, audio 
cassette, and Braille) are available to persons with disabilities by 
contacting Brian Millin at (202) 418-7426, TTY (202) 418-7365 or via e-
mail to [email protected]. This NPRM can also be downloaded at http://www.fcc.gov/wtb.

Further Information

    14. The World Wide Web addresses/URLs that the Commission gives 
here were correct at the time this document was prepared but may change 
over time. They are included herein in addition to the conventional 
citations as a convenience to readers. The Commission is unable to 
update these URLs after adoption of this NPRM, and readers may find 
some URLs to be out of date as time progresses. The Commission also 
advises readers that the only definitive text of FCC documents is the 
one that is published in the FCC Record. In case of discrepancy between 
the electronic documents cited here and the FCC Record, the version in 
the FCC Record is definitive.

Initial Paperwork Reduction Act of 1995 Analysis

    15. This NPRM contains either a proposed or modified information 
collection. As part of its continuing effort to reduce paperwork 
burdens, the Commission invites the general public and the Office of 
Management and Budget (OMB) to take this opportunity to comment on the 
information collections contained in this NPRM, as required by the 
Paperwork Reduction Act of 1995. Public, agency, and OMB comments are 
due at the same time as other comments on this NPRM (which are due 60 
days from the date of publication of this NPRM in the Federal 
Register). Comments should address: (a) Whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) the accuracy of the Commission's burden 
estimates; (c) ways to enhance the quality, utility, and clarity of the 
information collection; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of technology.
    16. Written comments by the public on the proposed and/or modified 
information collections are due September 23, 2003. Written comments 
must be submitted by the Office of Management and Budget (OMB) on the 
proposed and/or modified information collections on or before September 
23, 2003. In addition to filing comments with the Secretary, a copy of 
any comments on the information(s) contained herein should be submitted 
to Judy Boley, Federal Communications Commission, Room 1-C804, 445 12th 
Street, SW., Washington, DC 20554, or via the Internet to 
[email protected], and to Kim Johnson, OMB Desk Officer, 10236 NEOB, 725 
17th Street, NW., Washington, DC 20503, or via the Internet to [email protected].

Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities of the 
policies and rules proposed in this NPRM. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the NPRM, 
provided in paragraph 79 of the item. The Commission will send a copy 
of this NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA).

Need for, and Objectives of, the Proposed Rules

    18. In this NPRM, the Commission undertakes a fundamental 
reexamination of its rules governing the provision of air-ground 
telecommunications services on commercial airplanes (i.e., those rules 
affecting the availability of wireless services to passengers on 
commercial aircraft) in order to enhance the options available to the 
public. The Commission's goal is to promote service provision that 
better meets the needs of

[[Page 44006]]

the public for wireless air-ground communications services. At present, 
only one of the six available licenses in this service is used to serve 
the public. In this NPRM, the Commission seeks comment on whether any 
changes to its rules could provide greater opportunities for the 
competitive provision of these services, leading to lower prices to 
consumers and increased choices in wireless services and enhancements 
while traveling by commercial airliner. To this end, the Commission is 
open to all possible suggestions for fundamental reform. In addition, 
in this context, the Commission seeks comment regarding whether the 
commercial air-ground spectrum is being efficiently used, since there 
is now only one operating licensee in a regulatory plan that originally 
contemplated six competing service providers. The Commission also seeks 
comment on possible amendment of rules for other wireless services to 
permit the provision of commercial air-ground service by licensees of 
such spectrum.
    19. The Commission initiates this proceeding partly in furtherance 
of its biennial review of regulations pursuant to section 11 of the 
Communications Act of 1934, as amended. Section 11 requires the 
Commission to review its regulations applicable to providers of 
telecommunications service and to ``determine whether any such 
regulation is no longer necessary in the public interest as the result 
of meaningful economic competition between providers of such service,'' 
and to repeal or modify any regulation that the Commission finds no 
longer necessary in the public interest. This NPRM, in part, is one of 
the steps in the Commission's implementation of staff recommendations 
under section 11 for deleting or modifying various part 22 rules. In 
addition, this NPRM considers other proposals submitted to the 
Commission by members of the public regarding changes to the part 22 
regulations, including those that do not fall within the scope of 
section 11. The Commission accordingly seeks comment on changes to 
rules for each of the part 22 services--Paging and Radiotelephone, 
Rural Radiotelephone, Air-Ground Radiotelephone, and Offshore 
Radiotelephone--other than cellular as well as its rules governing 
developmental authorizations. In addition to eliminating unnecessary 
regulatory hurdles, many of these proposals provide licensees with 
greater flexibility regarding the use of their spectrum, which in turn 
leads to greater technical, economic, and marketplace efficiency.
    20. In this NPRM, the Commission also proposes to revise or 
eliminate certain part 22 Public Mobile Services (PMS) rules that may 
have become obsolete as the result of technological change, increased 
competition in the Commercial Mobile Radio Services (CMRS), supervening 
changes to related Commission rules, or a combination of these factors. 
This NPRM in addition proposes to recodify certain part 22 PMS rules to 
part 1 of the Commission's rules, amend several of the part 1 rules, 
and make several conforming amendments to the Commission's part 90 
rules.
    21. In this NPRM, the Commission also seeks comment on ways to 
increase flexibility to enable licensees to better serve the public. 
For example, the Commission seeks comment on providing licensees of 
nationwide paging channels flexibility to provide other services and on 
whether its rules limiting the provision of dispatch service by paging 
licensees are too restrictive.
    22. Specifically, to illustrate the proposals outlined above, the 
NPRM seeks comment on elimination or modification of numerous part 22 
technical, operational and service rules. For example, the NPRM 
tentatively concludes that the directional antenna requirements set 
forth in Sec.  22.363 and Table C-2 to Sec.  22.361 should be 
eliminated. In addition to these rule changes, the NPRM seeks comment 
on elimination of the requirement to file FCC Form 409 (Airborne Mobile 
RadioTelephone License Application) to apply for authority to operate 
an airborne station. The NPRM also seeks comment regarding whether 
Sec.  1.929(c)(1) of the Commission's rules should be amended to 
specify that expansion of a composite interference contour (CIC) of a 
site-based licensee in the Paging and Radiotelephone Service--as well 
as the Rural Radiotelephone Service and 800 MHz Specialized Mobile 
Radio Service--over water, on a secondary, non interference basis, 
should be classified as a minor (rather than major) modification of 
license. Such reclassification would substantially reduce the filing 
requirements associated with these license modifications. Finally, the 
NPRM seeks comment on recodification of Sec.  22.157 (computation of 
distance) and Sec.  22.159 (computation of terrain elevation) to part 1 
of the Commission's rules. Subject to several exceptions, 
recodification of these rules to part 1 would harmonize the methods for 
computing distance and terrain elevation applicable to Wireless Radio 
Services described in parts 1, 20, 21, 22, 24, 27, 80, 87, 90, 95, 97, 
and 101 so that they are subject to the same requirements.

Legal Basis

    23. The potential actions on which comment is sought in this NPRM 
would be authorized under sections 1, 4(i), 11, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 161, and 
303(r).

Description and Estimate of the Number of Small Entities Subject to the 
Rules

    24. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    25. This NPRM could result in rule changes that, if adopted, would 
affect small businesses that currently are or may become Paging and 
Radiotelephone, Rural Radiotelephone, Air-Ground Radiotelephone, or 
Offshore Radiotelephone service providers regulated under subparts E, 
F, G, and I of part 22 of the Commission's rules, respectively. The 
proposed changes to Sec.  22.7 of the Commission's rules would, if 
adopted, affect Cellular Radiotelephone Service providers that are 
regulated under subpart H of part 22 of the Commission's rules. In 
addition, pursuant to Sec.  90.493(b) of the Commission's rules, paging 
licensees on exclusive channels in the 929-930 MHz bands are subject to 
the licensing, construction, and operation rules set forth in part 22. 
As this rulemaking proceeding applies to multiple services, the 
Commission will analyze the number of small entities affected on a 
service-by-service basis, and discuss the number of small equipment 
manufacturing entities that are potentially affected by the proposed 
rule changes.
    26. Cellular Radiotelephone Service. Neither the Commission nor the 
SBA has developed a definition of small entities applicable to cellular 
licensees. Therefore, the applicable definition of small entity is the 
definition under the

[[Page 44007]]

SBA rules applicable to radiotelephone (wireless) companies. This 
provides that a small entity is a radiotelephone company employing no 
more than 1,500 persons. There are 1,758 cellular licenses; however, a 
cellular licensee may own several licenses. According to the most 
recent Trends in Telephone Service data, 858 carriers reported that 
they were engaged in the provision of cellular service, PCS, or SMR 
telephony, which are grouped together in the data. Of these, 567 have 
more than 1,500 employees; the remaining 291 are small business 
concerns under the SBA's definition. However, because data for cellular 
service, PCS, and SMR telephony are reported collectively, the 
Commission is unable at this time to estimate how many of the 291 small 
business concerns are cellular service carriers. Consequently, the 
Commission estimates that there are 291 or fewer small cellular service 
carriers that may be affected by the proposal to amend Sec.  22.7, if 
adopted.
    27. Paging and Radiotelephone Service. The Commission has defined a 
``small business'' as an entity that, together with its affiliates and 
controlling principals, has average gross revenues for the three 
preceding years of not more than $15 million. A ``very small business'' 
is defined as an entity that, together with affiliates and controlling 
principals, has average gross revenues for the three preceding calendar 
years of not more than $3 million. The SBA has approved these 
definitions. An auction of MEA licenses commenced on February 24, 2000, 
and closed on March 2, 2000. Of the 985 licenses auctioned, 440 were 
sold. Fifty-seven companies claiming small business status won 
licenses. An auction of MEA and EA paging licenses commenced on October 
30, 2001, and closed on December 5, 2001. Of the 15,514 licenses 
auctioned, 5,323 were sold. In this auction, high bids were placed by 
130 entities that qualify as small businesses under the Commission's 
definition. Licenses have been granted to 128 of these entities, and 
the applications of the other entities remain pending. Thus, in 
addition to existing licensees, should the Commission adopt the rule 
changes proposed in the NPRM, 130 license winners in the recent auction 
would be affected small entities.
    28. In addition, the SBA defines small paging companies as an 
entity employing no more than 1,500 persons. At present, there are 
approximately 24,000 Private Paging licenses and 74,000 Common Carrier 
Paging licenses. According to the most recent Trends in Telephone 
Service data, 576 carriers reported that they were engaged in the 
provision of paging and messaging service. Only 19 of the 576 carriers 
have more than 1,500 employees; the remaining 557 are small business 
concerns under the SBA's definition. Consequently, the Commission 
estimates that there are 557 small paging carriers that may be affected 
by the proposed rules, if adopted. The Commission estimates that the 
majority of private and common carrier paging providers would qualify 
as small entities under the SBA definition.
    29. Air-Ground Radiotelephone Service. The Commission has not 
adopted a definition of small business specific to the Air-Ground 
Radiotelephone Service. Accordingly, the Commission uses the SBA 
definition applicable to cellular and other wireless telecommunication 
companies, i.e., an entity employing no more than 1,500 persons. There 
are approximately 100 licensees in the Air-Ground Radiotelephone 
Service, and the Commission estimates that almost all of them qualify 
as small entities under the SBA definition.
    30. Offshore Radiotelephone Service. This service operates on 
several ultra high frequency (UHF) TV broadcast channels that are not 
used for TV broadcasting in the coastal area of the states bordering 
the Gulf of Mexico. At present, there are approximately 55 licensees in 
this service. The Commission has not adopted a definition of small 
business specific to the Offshore Radiotelephone Service. Accordingly, 
the Commission uses the SBA definition applicable to cellular and other 
wireless telecommunication companies, i.e., an entity employing no more 
than 1,500 persons. The Commission is unable at this time to estimate 
the number of licensees that would qualify as small entities under the 
SBA definition. The Commission assumes, for purposes of this IRFA, that 
all of the 55 licensees are small entities, as that term is defined by 
the SBA.
    31. Rural Radiotelephone Service. The Commission has not adopted a 
definition of small entity specific to the Rural Radiotelephone 
Service. A significant subset of the Rural Radiotelephone Service is 
the Basic Exchange Telephone Radio Systems (BETRS). The Commission 
therefore uses the SBA definition applicable to cellular and other 
wireless telecommunication companies, i.e., an entity employing no more 
than 1,500 persons. There are approximately 1000 licensees in the Rural 
Radiotelephone Service, and the Commission estimates that almost all of 
them qualify as small entities under the SBA definition.
    32. Equipment Manufacturers. Some of the proposed actions in the 
NPRM could also affect equipment manufacturers. The Commission does not 
know how many equipment manufacturers are in the current market. The 
1994 County Business Patterns Report of the Bureau of the Census 
estimates that there are 920 companies that make communications 
subscriber equipment. This category includes not only cellular, paging, 
air-ground, offshore, and rural radiotelephone equipment manufacturers, 
but television and AM/FM radio manufacturers as well. Thus, the number 
of cellular, paging, air-ground, offshore, and rural radiotelephone 
equipment manufacturers is lower than 920. Under SBA regulations, a 
``communications equipment manufacturer'' must have a total of 1000 or 
fewer employees in order to qualify as a small business concern. Census 
Bureau data from 1992 indicate that at that time there were an 
estimated 858 such U.S. manufacturers and that 778 (91 percent) of 
these firms had 750 or fewer employees and would therefore be 
classified as small entities. Using the Commission's current estimate 
of equipment manufacturers and the previous percentage estimate of 
small entities, the Commission estimates that this current action may 
affect approximately 837 small equipment manufacturers.
    33. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements.
    34. This NPRM neither proposes nor anticipates any additional 
reporting, recordkeeping, or other compliance measures. If certain of 
the proposals in the NPRM (e.g., eliminating the Sec.  22.655 
requirement that certain paging licensees file channel usage reports, 
or elimination of the requirement to file FCC Form 409 (Airborne Mobile 
Radiotelephone License Application) to apply for authority to operate 
an airborne station) are adopted as a result of this proceeding, then 
the Commission contemplates a reduction in these requirements. The 
reduction would be the same for all entities.
    35. In addition to these rule changes, the NPRM also seeks comment 
regarding whether Sec.  1.929(c)(1) of the Commission's rules should be 
amended to specify that expansion of a composite interference contour 
(CIC) of a site-based licensee in the Paging and Radiotelephone 
Service--as well as the Rural Radiotelephone Service and 800 MHz 
Specialized Mobile Radio Service--over water on a secondary, non 
interference basis should be classified as a minor (rather than major) 
modification of license. Such

[[Page 44008]]

reclassification, if adopted, would substantially reduce the filing 
requirements associated with these license modifications.

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

    36. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    37. As stated earlier, a number of the Commission's part 22 
technical, operational and service rules may be determined to be 
outdated. Therefore, modifying or eliminating these rules should 
decrease the costs associated with regulatory compliance for service 
providers, provide additional flexibility in the provision of service 
and manufacturing of equipment, and enhance the market demand for some 
services. The Commission therefore anticipates that, although it seems 
likely that there will be a significant economic impact on a 
substantial number of small entities, there will be no adverse economic 
impact on small entities. In fact, certain of the proposed rule changes 
may particularly benefit small entities. For example, the NPRM proposes 
that Sec.  1.929(c)(1) should be amended to specify that expansion of 
the composite interference contour (CIC) of a site-based licensee in 
the Paging and Radiotelephone Service--as well as the Rural 
Radiotelephone Service and 800 MHz Specialized Mobile Radio Service--
over water, on a secondary, non interference basis to any geographic 
area licensee in the same area, is a minor, not a major, modification 
of license. Although adoption of such an amendment would benefit both 
small and large entities (because minor modifications are self-
effectuating, while major modifications require FCC approval), the 
majority of businesses in these three radio services are small 
entities. The NPRM further proposes that a site-based licensee 
expanding its CIC over water as defined above could do so on a 
permissive basis, with no notification to the Commission required. Many 
licensees in these services are small entities that could benefit from 
this rule change.
    38. In the NPRM, then, the Commission has set forth various options 
it is considering for each rule, from modifying rules to eliminating 
them altogether. As discussed in the NPRM, the effect of any rule 
change on the regulatory burden of licensees will be a significant 
criterion in determining appropriate Commission action. With the 
exception of the reexamination of the rules governing the provision of 
air-ground telecommunications services on commercial airplanes in order 
to enhance the options available to the public, the entire intent 
underlying the Commission's actions here is to lessen the levels of 
regulation, consistent with its mandate for undertaking biennial 
reviews. The Commission seeks comment on any additional appropriate 
alternatives and especially alternatives that may further reduce 
economic impacts on small entities.

Federal Rules That May Duplicate, Overlap or Conflict With the Proposed 
Rules

    39. None.

Ordering Clauses

    40. Pursuant to the authority contained in sections 1, 4(i), 11, 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 161, and 303(r), this Notice of Proposed Rulemaking is 
adopted.
    41. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with section 603(a) of the Regulatory 
Flexibility Act, 5 U.S.C. 603(a).

List of Subjects in 47 CFR Parts 1, 22 and 90

    42. Administrative practice and procedure, Communications common 
carriers, Communications equipment, Metric system , Radio, Reporting 
and recordkeeping requirements, Rural areas, Telecommunications.

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

Rule Changes

    For the reasons stated in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR parts 1, 22, and 90 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).

    2. Section 1.903 is amended by revising paragraph (c) to read as 
follows:


Sec.  1.903  Authorization required.

* * * * *
    (c) Subscribers. Authority for subscribers to operate mobile or 
fixed stations in the Wireless Radio Services, except for certain 
stations in the Rural Radiotelephone Service, is included in the 
authorization held by the licensee providing service to them. 
Subscribers are not required to apply for, and the Commission does not 
accept, applications from subscribers for individual mobile or fixed 
station authorizations in the Wireless Radio Services. Individual 
authorizations are required to operate rural subscriber stations in the 
Rural Radiotelephone Service, except as provided in Sec.  22.703 of 
this chapter. Individual authorizations are required for end users of 
certain Specialized Mobile Radio Systems as provided in Sec.  90.655 of 
this chapter. In addition, certain ships and aircraft are required to 
be individually licensed under Parts 80 and 87 of this chapter. See 
Sec. Sec.  80.13, 87.18 of this chapter.
    3. Section 1.929 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  1.929  Classification of filings as major or minor.

* * * * *
    (c) * * *
    (1) In the Paging and Radiotelephone Service, Rural Radiotelephone 
Service and 800 MHz Specialized Mobile Radio Service (SMR), any change 
that would increase or expand the applicant's existing composite 
interference contour, except extensions of a composite interference 
contour over bodies of water that extend beyond county boundaries 
(i.e., including but not limited to oceans, the Gulf of Mexico, and the 
Great Lakes) on a secondary basis.
* * * * *
    4. Section 1.958 is added to subpart F of part 1 to read as 
follows:


Sec.  1.958  Distance computation.

    The method given in this section must be used to compute the 
distance between any two locations, except that, for computation of 
distance involving stations in Canada and Mexico, methods for distance 
computation specified in

[[Page 44009]]

the applicable international agreement, if any, must be used instead. 
The result of a distance calculation under parts 21 and 101 of this 
chapter must be rounded to the nearest tenth of a kilometer. The method 
set forth in this paragraph is considered to be sufficiently accurate 
for distances not exceeding 475 km (295 miles).
    (a) Convert the latitudes and longitudes of each reference point 
from degree-minute-second format to degree-decimal format by dividing 
minutes by 60 and seconds by 3600, then adding the results to degrees.
[GRAPHIC] [TIFF OMITTED] TP25JY03.001

    (b) Calculate the mean geodetic latitude between the two reference 
points by averaging the two latitudes:
[GRAPHIC] [TIFF OMITTED] TP25JY03.002

    (c) Calculate the number of kilometers per degree latitude 
difference for the mean geodetic latitude calculated in paragraph (b) 
of this section as follows:

KPD sublat = 111.13209-0.56605 cos 2ML +0.00120 cos 4ML

    (d) Calculate the number of kilometers per degree of longitude 
difference for the mean geodetic latitude calculated in paragraph (b) 
of this section as follows:

KPD sublon = 111.41513 cos ML-0.09455 cos 3ML +0.00012 cos 5ML

    (e) Calculate the North-South distance in kilometers as follows:

NS = KPD sublat x (LAT1 subdd-LAT2 subdd)

    (f) Calculate the East-West distance in kilometers as follows:

EW = KPD sublon x (LON1 subdd-LON2 subdd)

    (g) Calculate the distance between the locations by taking the 
square root of the sum of the squares of the East-West and North-South 
distances:
[GRAPHIC] [TIFF OMITTED] TP25JY03.003

    (h) Terms used in this section are defined as follows:
    (1) LAT1 subdd and LON1 subdd are the coordinates of the first 
location in degree-decimal format.
    (2) LAT2 subdd and LON2 subdd are the coordinates of the second 
location in degree-decimal format.
    (3) ML is the mean geodetic latitude in degree-decimal format.
    (4) KPD sublat is the number of kilometers per degree of latitude 
at a given mean geodetic latitude.
    (5) KPD sublon is the number of kilometers per degree of longitude 
at a given mean geodetic latitude.
    (6) NS is the North-South distance in kilometers.
    (7) DIST is the distance between the two locations, in kilometers.
    5. Section 1.959 is added to subpart F of part 1 to read as 
follows:


Sec.  1.959  Computation of average terrain elevation.

    Except as otherwise specified in Sec.  90.309(a)(4) of this 
chapter, average terrain elevation must be calculated by computer using 
elevations from a 30 second point or better topographic data file. The 
file must be identified. If a 30 second point data file is used, the 
elevation data must be processed for intermediate points using 
interpolation techniques; otherwise, the nearest point may be used. In 
cases of dispute, average terrain elevation determinations can also be 
done manually, if the results differ significantly from the computer 
derived averages.
    (a) Radial average terrain elevation is calculated as the average 
of the elevation along a straight line path from 3 to 16 kilometers (2 
and 10 miles) extending radially from the antenna site. If a portion of 
the radial path extends over foreign territory or water, such portion 
must not be included in the computation of average elevation unless the 
radial path again passes over United States land between 16 and 134 
kilometers (10 and 83 miles) away from the station. At least 50 evenly 
spaced data points for each radial should be used in the computation.
    (b) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (c) For locations in Dade and Broward Counties, Florida, the method 
prescribed above may be used or average terrain elevation may be 
assumed to be 3 meters (10 feet).


Sec.  1.1102  [Amended]

    6. Section 1.1102 is revised by removing paragraph (16)(h).


Sec.  1.2003  [Amended]

    7. Section 1.2003 is revised by removing the phrase ``FCC 409 
Airborne Mobile Radio Telephone License Application;''

PART 22--PUBLIC MOBILE SERVICES

    8. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
    9. Section 22.1 is amended by revising paragraph (b) to read as 
follows:


Sec.  22.1  Basis and purpose.

* * * * *
    (b) Purpose. The purpose of these rules is to establish the 
requirements and conditions under which domestic radio stations may be 
licensed and used in the Public Mobile Services.
    10. Section 22.3 is amended by revising paragraph (b) to read as 
follows:


Sec.  22.3  Authorization required.

* * * * *
    (b) Authority for subscribers to operate mobile or fixed stations 
in the Public Mobile Services, except for certain stations in the Rural 
Radiotelephone Service, is included in the authorization held by the 
licensee providing service to them. Subscribers are not required to 
apply for, and the FCC does not accept applications from subscribers 
for, individual mobile or fixed station authorizations in the Public 
Mobile Services, except that individual authorizations are required to 
operate rural subscriber stations in the Rural Radiotelephone Service, 
except as provided in Sec.  22.703.
    11. Section 22.7 is revised to read as follows:


Sec.  22.7  General eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to 
hold a license under this part. Applications are granted only if the 
applicant is legally, financially, technically and otherwise qualified 
to render the proposed service.
    12. Amend Sec.  22.99 as follows:
    a. Revise the definitions of Air-Ground Radiotelephone Service, 
Cellular Radiotelephone Service, Channel, Communications channel, 
Control channel, Ground station, Offshore Radiotelephone Service, 
Public Mobile Services, and Rural Radiotelephone Service.
    b. Remove the definitions of ``Meteor burst propagation mode,'' 
``Radio Common Carrier,'' and ``Wireline Common Carrier.''
    c. Remove the reference to ``Air-ground Radiotelephone Service'' 
and add in its place ``Air-Ground Radiotelephone Service'' wherever it 
appears.
    The revisions read as follows:


Sec.  22.99  Definitions.

* * * * *
    Air-Ground Radiotelephone Service. A radio service in which 
licensee are authorized to offer and provide radio telecommunications 
service for hire to subscribers in aircraft.
* * * * *

[[Page 44010]]

    Cellular Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide cellular service for hire 
to the general public. This service was formerly titled Domestic 
Public.
* * * * *
    Channel. The portion of the electromagnetic spectrum assigned by 
the FCC for one emission. In certain circumstances, however, more than 
one emission may be transmitted on a channel.
* * * * *
    Communications channel. In the Cellular Radiotelephone and Air-
Ground Radiotelephone Services, a channel used to carry subscriber 
communications.
* * * * *
    Control channel. In the Cellular Radiotelephone Service and the 
Air-Ground Radiotelephone Service, a channel used to transmit 
information necessary to establish or maintain communications. In the 
other Public Mobile Services, a channel that may be assigned to a 
control transmitter.
* * * * *
    Ground station. In the Air-Ground Radiotelephone Service, a 
stationary transmitter that provides service to airborne mobile 
stations.
* * * * *
    Offshore Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers on structures in the offshore coastal 
waters of the Gulf of Mexico.
* * * * *
    Public Mobile Services. Radio services in which common carriers are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
* * * * *
    Rural Radiotelephone Service. A radio service in which licensee are 
authorized to offer and provide radio telecommunication services for 
hire to subscribers in areas where it is not feasible to provide 
communication services by wire or other means.
* * * * *
    13. Section 22.143 is amended by revising paragraph (d)(4) to read 
as follows:


Sec.  22.143  Construction prior to grant of application.

* * * * *
    (d) * * *
    (4) For any construction or alteration that would exceed the 
requirements of Sec.  17.7 of this chapter, the licensee has notified 
the appropriate Regional Office of the Federal Aviation Administration 
(FAA Form 7460-1), filed a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC at WTB, Database Management Division, Analysis and Development 
Branch, 1120 Fairfield Road, Gettysburg, PA 17325 or electronically via 
the FCC Antenna Structure Registration homepage, http://wireless.fcc.gov/antenna/;
* * * * *


Sec.  22.157  [Removed]

    14. Remove Sec.  22.157.


Sec.  22.159  [Removed]

    15. Remove Sec.  22.159.


Sec.  22.161  [Removed]

    16. Remove Sec.  22.161.
    17. Section 22.351 is revised to read as follows:


Sec.  22.351  Channel assignment policy.

    The channels allocated for use in the Public Mobile Services are 
listed in the applicable subparts of this part. Channels and channel 
blocks are assigned in such a manner as to facilitate the rendition of 
service on an interference-free basis in each service area. Except as 
otherwise provided in this part, each channel or channel block is 
assigned exclusively to one licensee in each service area. All 
applicants for, and licensees of, stations in the Public Mobile 
Services shall cooperate in the selection and use of channels in order 
to minimize interference and obtain the most efficient use of the 
allocated spectrum.
    18. Section 22.352 is amended by revising the undesignated 
paragraph and paragraph (c)(7) to read as follows:


Sec.  22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with 
applicable FCC rules and the terms and conditions of their 
authorizations are normally considered to be non-interfering.
* * * * *
    (c) * * *
    (7) In-building radiation systems. No protection is provided 
against interference to the service of in-building radiation systems.


Sec.  22.361  [Removed]

    19. Section 22.361 is removed.


Sec.  22.363  [Removed]

    20. Section 22.363 is removed.


Sec.  22.373  [Removed]

    21. Section 22.373 is removed.


Sec.  22.379  [Removed]

    22. Section 22.379 is removed.


Sec.  22.381  [Removed]

    23. Section 22.381 is removed.


Sec.  22.383  [Removed]

    24. Section 22.383 is removed.


Sec.  22.415  [Removed]

    25. Section 22.415 is removed.
    26. Section 22.503 is amended by adding paragraph (g)(4) to read as 
follows:


Sec.  22.503  Paging geographic area authorizations.

* * * * *
    (g) * * *
    (4) The application is for a minor modification of license to 
expand a licensee's composite interference contour over water on a 
secondary, non-interference basis under Sec.  1.929(c)(1) of this 
chapter.
* * * * *


Sec.  22.539  [Removed]

    27. Section 22.539 is removed.
    28. Section 22.563 is revised to read as follows:


Sec.  22.563  Provision of rural radiotelephone service.

    Channels in the frequency ranges 152.03-152.81, 157.77-158.67, 
454.025-454.650 and 459.025-459.650 MHz, inclusive, are also allocated 
for assignment in the Rural Radiotelephone Service.


Sec.  22.569  [Removed]

    29. Section 22.569 is removed.


Sec.  22.591  [Amended]

    30. Section 22.591 is amended by removing the table entitled 
``Microwave channels,'' and by removing and reserving paragraph (b).
    31. Section 22.593 is revised to read as follows:


Sec.  22.593  Effective radiated power limits.

    The effective radiated power of fixed stations operating on the 
channels listed in Sec.  22.591 must not exceed 150 Watts.
    32. Section 22.601 is amended by revising the undesignated 
paragraph to read as follows:


Sec.  22.601  Assignment of microwave channels.

    Assignment of the 2110-2130 and 2160-2180 MHz channels (formerly 
listed in Sec.  22.591) is subject to the transition rules in Sec.  
22.602. No new systems will be authorized under this part.
* * * * *

[[Page 44011]]

    33. Section 22.602 is amended by revising the undesignated 
paragraph to read as follows:


Sec.  22.602  Transition of the 2110-2130 and 2160-2180 MHz channels to 
emerging technologies.

    The 2110-2130 and 2160-2180 MHz microwave channels (formerly listed 
in Sec.  22.591) have been allocated for use by emerging technologies 
(ET) services. No new systems will be authorized under this part. The 
rules in this section provide for a transition period during which 
existing Paging and Radiotelephone Service (PARS) licensees using these 
channels may relocate operations to other media or to other fixed 
channels, including those in other microwave bands. For PARS licensees 
relocating operations to other microwave bands, authorization must be 
obtained under Part 101 of this chapter.
* * * * *
    34. Section 22.625 is amended by revising paragraph (a) to read as 
follows:


Sec.  22.625  Transmitter locations.

* * * * *
    (a) 928-960 MHz. In this frequency range, the required minimum 
distance separation between co-channel fixed transmitters is 113 
kilometers (70 miles).
* * * * *
    35. Section 22.655 is amended by revising paragraph (a) to read as 
follows:


Sec.  22.655  Channel usage.

* * * * *
    (a) In Alaska, channels 42.40, 44.10, 44.20 and 45.90 MHz are 
allocated for assignment to transmitters providing rural radiotelephone 
service using meteor burst propagation modes, subject to the provisions 
of Sec.  22.729.
* * * * *
    36. Section 22.725 is amended by revising the section heading and 
the text of the undesignated paragraph to read as follows:


Sec.  22.725  Channels for conventional rural radiotelephone stations 
and basic exchange telephone radio systems.

    The following channels are allocated for paired assignment to 
transmitters that provide conventional rural radiotelephone service and 
to transmitters in basic exchange telephone radio systems. These 
channels may be assigned for use by central office or rural subscriber 
stations as indicated, and interoffice stations. These channels may be 
assigned also for use by relay stations in systems where it would be 
impractical to provide rural radiotelephone service without the use of 
relay stations. All channels have a bandwidth of 20 kHz and are 
designated by their center frequencies in MegaHertz.
* * * * *
    37. Section 22.757 is revised to read as follows:


Sec.  22.757  Channels for basic exchange telephone radio systems.

    The channels listed in Sec.  22.725 are also allocated for paired 
assignment to transmitters in basic exchange telephone radio systems.


Sec.  22.805  [Removed]

    38. Section 22.805 is removed.
    39. Section 22.815 is revised to read as follows:


Sec.  22.815  Construction period for general aviation ground stations.

    The construction period (see Sec.  1.946) for general aviation 
ground stations is 12 months.


Sec.  22.871  [Removed]

    40. Section 22.871 is removed.
    41. Section 22.1003 is revised to read as follows:


Sec.  22.1003  General eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to 
hold a license under this subpart. Applications are granted only if the 
applicant is legally, financially, technically and otherwise qualified 
to render the proposed service.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    42. The authority citation for Part 90 continues to read as 
follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    43. Section 90.309 is amended by revising paragraph (a)(1) to read 
as follows:


Sec.  90.309  Tables and figures.

    (a) * * *
    (1) Using the method specified in Sec.  1.958 of this chapter, 
determine the distances (i) between the proposed land mobile base 
station and the protected cochannel television station and (ii) between 
the proposed land mobile base station and the protected adjacent 
channel television station. If the exact mileage does not appear in 
table A for protected cochannel television stations (or table B for 
channel 15 in New York and Cleveland and channel 16 in Detroit) or 
table E for protected adjacent channel television stations, the next 
lower mileage separation figure is to be used.
* * * * *
[FR Doc. 03-18643 Filed 7-24-03; 8:45 am]
BILLING CODE 6712-01-P