[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Proposed Rules]
[Pages 52843-52847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19743]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 11

[EB Docket No. 04-296; FCC 04-189]


Review of the Emergency Alert System

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document examines the Emergency Alert System (EAS), and 
seeks comment on whether EAS in its present form is the most effective 
mechanism for warning the American public of an emergency and, if not, 
on how EAS can be improved. The Notice of Proposed Rule Making (NPRM) 
is the most recent in a series of proceedings in which the Federal 
Communications Commission has sought to contribute to an efficient and 
technologically current public alert and warning system.

DATES: Comments are due on or before October 29, 2004 and reply 
comments are due on or before November 29, 2004.
    Written comments on the Paperwork Reduction Act proposed 
information collection requirements must be submitted to the public, 
Office of Management and Budget (OMB), and other interested parties on 
or before October 29, 2004.

ADDRESSES: Send comments and reply comments to the Office of the 
Secretary, Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554. See SUPPLEMENTARY INFORMATION for 
further filing instructions.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to Judith B. Herman, 
Federal Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected], 
and to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th 
Street, NW., Washington, DC 20503, via the Internet to [email protected], or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Jean Ann Collins, Enforcement Bureau, 
Office of Homeland Security, at (202) 418-1199, or via the Internet at 
[email protected]. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, contact Judith B. Herman at 202-418-0214, or via the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, EB Docket No. 04-296, FCC 04-189, adopted 
August 4, 2004, and released August 12, 2004. The complete text of this 
NPRM is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. This document may also be purchased 
from the Commission's duplicating contractor, Qualex International, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-
863-2893, facsimile 202-863-2898, or via e-mail [email protected]. It 
is also available on the Commission's Web site at http://www.fcc.gov. 
Initial Paperwork Reduction Act of 1995 Analysis. This document 
contains proposed or modified information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public and the Office of Management and 
Budget (OMB) to comment on the information collection requirements 
contained in this document, as required by the Paperwork Reduction Act 
of 1995, Pub. L. 104-13. Public and agency comments are due October 29, 
2004. Comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Pub. L. 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks 
specific comment on how the Commission might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    OMB Control Number: 3060-0207.
    Title: Part 11--Emergency Alert System (EAS).
    Form No.: Not applicable.
    Type of Review: Revision of currently approved collection.
    Respondents: Business or other for-profit; not-for-profit 
institutions; State, local or tribal governments.
    Estimated Number of Respondents: 22,000.
    Estimated Time Per Response: Range from 0.017-40 hours.
    Frequency of Response: On occasion reporting requirement and 
recordkeeping requirement.
    Estimated Total Annual Burden: 38,585 hours.
    Estimated Total Annual Costs: $8,250,000.
    Privacy Act Impact Assessment: Not applicable.
    Needs and Uses: As currently approved by OMB and reflected in the 
information above, Part 11 contains rules and regulations providing for 
an emergency alert system. The EAS provides the President with the 
capability to provide immediate communications and information to the 
general public during periods of national emergency. The EAS also 
provides state and local governments including the National Weather 
Service with the capability to provide immediate communications and 
information to the general public concerning emergency situations 
posing a threat to life and property. With the adoption of the NPRM, 
the Commission seeks comment on whether the EAS in its present form is 
the most efficient mechanism for warning the American public of an 
emergency and, if not, on how the EAS can be improved. Upon adoption of 
a final order, the Commission will submit to OMB for approval any 
revisions to the existing collection. The main objective of the NPRM is 
to seek comment on whether EAS as currently constituted is the most 
effective and efficient public warning system that best takes advantage 
of appropriate technological advances and best responds to the public's 
need to obtain timely emergency information. One of the main central 
issues on which the NPRM seeks comment is the current efficacy of EAS 
in an age when the communications landscape has evolved from what it 
was when EAS predecessors, and EAS itself, were originally conceived.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. All filings should 
refer to EB Docket No. 04-296. Comments filed through the ECFS can be 
sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Only one copy of an electronic submission must be 
filed. In completing the transmittal screen, commenters should include 
their full name, postal service mailing address, and the applicable 
docket number, which in this instance is EB Docket No. 04-296. Parties 
may also submit an electronic comment by Internet e-mail. To get filing 
instruction for e-mail comments, commenters should send an e-mail to

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[email protected], and should include the following words in the 
regarding line of the message: ``get form.'' A 
sample form and directions will be sent in reply. A copy of the ASCII 
Electronic Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.
    Parties who choose to file by paper must file an original and four 
copies of each filing. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although the Commission continues 
to experience delays in receiving U.S. Postal Service mail).
    For hand deliveries, the Commission contractor, Natek, Inc., will 
receive hand-delivered or messenger-delivered paper filings for the 
Commission Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission Secretary, Office of the Secretary, Federal Communications 
Commission.
    Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with 47 CFR 1.48 and all other 
applicable sections of the Commission's rules. The Commission directs 
all interested parties to include the name of the filing party and the 
date of the filing on each page of their comments and reply comments. 
All parties are encouraged to utilize a table of contents, regardless 
of the length of their submission. The Commission also strongly 
encourages that parties track the organization set forth in this NPRM 
in order to facilitate the Commission's internal review process.
    To request materials in accessible formats (such as Braille, large 
print, electronic files, or audio format), send an e-mail to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
(202) 418-0531 (voice) or (202) 418-7365 (TTY). This Public Notice can 
also be downloaded in Word and Portable Document Format at http://www.fcc.gov/cgb.dro.

Synopsis of the Notice of Proposed Rulemaking

    1. Since the tragic events of September 11, 2001, an expanding 
circle of interested parties, including individual citizens, public/
private groups, and our federal, state, and local partners, have raised 
issues about the efficacy of EAS as a public warning mechanism. Some of 
these issues are rooted in the fact that EAS mandates only delivery of 
a ``Presidential message.'' The Commission's EAS rules primarily are 
concerned with the implementation of EAS in this national role. The 
Commission seeks comment on the threshold question of whether the 
current EAS infrastructure is the best mechanism for delivering a 
national level message.
    2. Along with its primary role as a national public warning system, 
EAS and other emergency notification mechanisms are part of an overall 
public alert and warning system, over which the Federal Emergency 
Management Agency (FEMA) exercises jurisdiction. EAS use as part of 
such a public warning system at the state and local levels, while 
encouraged, is merely voluntary. Thus, although Federal, state, and 
local governments, and the consumer electronics industry have taken 
steps to ensure that alert and warning messages are delivered by a 
responsive, robust and redundant system, the permissive nature of EAS 
at the state and local level has resulted in an inconsistent 
application of EAS as an effective component of overall public alert 
and warning system. Accordingly, the Commission believes that it should 
now consider whether permissive state and local EAS participation is 
appropriate in today's world.
    3. There are similar questions about the technical capabilities of 
EAS. For example, should the Commission extend its EAS requirement to 
include other digital broadcast media, such as IBOC DAB, DBS, DTV, and 
satellite DARS. Also, the Commission seeks comment on the extent to 
which EAS can be coordinated with other public alert and warning 
systems, such as those based on wireless technologies.
    4. It is the Commission's intention in this proceeding to seek 
comment on these and an array of other questions and potential rule 
changes. The Commission has already begun--and will continue throughout 
this proceeding--to coordinate carefully with the Department of 
Homeland Security (DHS), its component, FEMA, and the Department of 
Commerce and its component, the National Oceanic and Atmospheric 
Administration's (NOAA's) National Weather Service (NWS). The 
Commission anticipates these federal partners will be active 
participants in the proceeding. In addition to seeking comments from 
all interested individuals and federal entities on the issues raised in 
this NPRM, we also specifically seek the participation of state and 
local emergency planning organizations and solicit their views. 
Finally, the Commission seeks input from all telecommunications 
industries concerned about developing a more effective EAS.

Initial Regulatory Flexibility Analysis

    5. With respect to this NPRM, an Initial Regulatory Flexibility 
Analysis (IRFA) is contained in Appendix A. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission 
has prepared an IRFA of the possible significant economic impact on a 
substantial number of small entities by 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 as described above. The Commission will 
send a copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA).

Need for, and Objectives of, the Proposed Rules

    6. In this NPRM, the Commission solicits comment on whether EAS in 
its present form is the most effective mechanism for warning the 
American public of an emergency and, if not, on how EAS can be 
improved.

Legal Basis

    7. Authority for the actions proposed in this NPRM may be found in 
sections 1, 4(i) and (o), 303(r), 403, 624(g) and 706 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and (o), 
303(r), 403, 554(g) and 606.

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

    8. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that will be 
affected by the proposed rules. 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

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Small Business Act. A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' The arts, entertainment, 
and recreations sector had 96,497 small firms.
    9. Television Broadcasting. The SBA has developed a small business 
sized standard for television broadcasting, which consists of all such 
firms having $12 million or less in annual receipts. Business concerns 
included in this industry are those ``primarily engaged in broadcasting 
images together with sound.'' According to Commission staff review of 
BIA Publications, Inc. Master Access Television Analyzer Database as of 
May 16, 2003, about 814 of the 1,220 commercial television stations in 
the United States had revenues of $12 million or less. We note, 
however, that, in assessing whether a business concern qualifies as 
small under the above definition, business (control) affiliations must 
be included. Our estimate, therefore, likely overstates the number of 
small entities that might be affected by our action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies. There are also 2,127 low power 
television stations (LPTV). Given the nature of this service, we will 
presume that all LPTV licensees qualify as small entities under the SBA 
size standard.
    10. Radio Stations. The SBA has developed a small business size 
standard for Radio Stations, which consists of all such firms having $6 
million or less in annual receipts. Business concerns included in this 
industry are those ``primarily engaged in broadcasting aural programs 
by radio to the public.'' According to Commission staff review of BIA 
Publications, Inc., Master Access Radio Analyzer Database, as of May 
16, 2003, about 10,427 of the 10,945 commercial radio stations in the 
United States had revenue of $6 million or less. We note, however, that 
many radio stations are affiliated with much larger corporations with 
much higher revenue, and, that in assessing whether a business concern 
qualifies as small under the above definition, such business (control) 
affiliations are included. Our estimate, therefore, likely overstates 
the number of small businesses that might be affected by our action.
    11. Cable and Other Program Distribution. The SBA has developed a 
small business size standard for Cable and Other Program Distribution, 
which consists of all such firms having $12.5 million or less in annual 
receipts. According to Census Bureau data for 1997, in this category 
there was a total of 1,311 firms that operated for the entire year. Of 
this total, 1,180 firms had annual receipts of under $10 million, and 
an additional 52 firms had receipts of $10 million to $24,999,999. 
Thus, under this size standard, the majority of firms can be considered 
small.
    12. Multipoint Distribution Systems. The proposed rules would apply 
to Multipoint Distribution Systems (MDS) operated as part of a wireless 
cable system. The Commission has defined ``small entity'' for purposes 
of the auction of MDS frequencies as an entity that, together with its 
affiliates, has average gross annual revenues that are not more than 
$40 million for the preceding three calendar years. This definition of 
small entity in the context of MDS auctions has been approved by the 
SBA. The Commission completed its MDS auction in March 1996 for 
authorizations in 493 basic trading areas. Of 67 winning bidders, 61 
qualified as small entities. At this time, we estimate that of the 61 
small business MDS auction winners, 48 remain small business licensees.
    13. MDS also includes licensees of stations authorized prior to the 
auction. As noted, the SBA has developed a definition of small entities 
for pay television services, Cable and Other Subscription Programming, 
which includes all such companies generating $12.5 million or less in 
annual receipts. This definition includes MDS and thus applies to MDS 
licensees that did not participate in the MDS auction. Information 
available to us indicates that there are approximately 392 incumbent 
MDS licensees that do not generate revenue in excess of $11 million 
annually. Therefore, the Commission finds that there are approximately 
440 (392 pre-auction plus 48 auction licensees) small MDS providers as 
defined by the SBA and the Commission's auction rules which may be 
affected by the rules proposed herein.
    14. Instructional Television Fixed Service. The proposed rules 
would also apply to Instructional Television Fixed Service facilities 
operated as part of a wireless cable system. The SBA definition of 
small entities for pay television services also appears to apply to 
ITFS. There are presently 2,032 ITFS licensees. All but 100 of these 
licenses are held by educational institutions. Educational institutions 
are included in the definition of a small business. However, we do not 
collect annual revenue data for ITFS licensees, and are not able to 
ascertain how many of the 100 non-educational licensees would be 
categorized as small under the SBA definition. Thus, we tentatively 
conclude that at least 1,932 ITFS are small businesses and may be 
affected by the proposed rules.
    15. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless small businesses within the two 
separate categories of Paging and Cellular and Other Wireless 
Telecommunications. Under both SBA categories, a wireless business is 
small if it has 1,500 or fewer employees. According to the Commission's 
most recent data, 1,761 companies reported that they were engaged in 
the provision of wireless service. Of these 1,761 companies, an 
estimated 1,175 have 1,500 or fewer employees and 586 have more than 
1,500 employees. This SBA size standard also applies to wireless 
telephony. Wireless telephony includes cellular, personal 
communications services, and specialized mobile radio telephony 
carriers. According to the most recent Trends in Telephone Service 
data, 719 carriers reported that they were engaged in the provision of 
wireless telephony. The Commission has estimated that 294 of these are 
small under the SBA small business size standard.
    16. Broadband Personal Communications Service. The broadband 
personal communications services (PCS) spectrum is divided into six 
frequency blocks designated A through F, and the Commission has held 
auctions for each block. The Commission has created a small business 
size standard for Blocks C and F as an entity that has average gross 
revenues of less than $40 million in the three previous calendar years. 
For Block F, an additional small business size standard for ``very 
small business'' was added and is defined as an entity that, together 
with its affiliates, has average gross revenues of not more than $15 
million for the preceding three calendar years. These small business 
size standards, in the context of broadband PCS auctions, have been 
approved by the SBA. No small businesses within the SBA-approved small 
business size standards bid successfully for licenses in Blocks A and 
B. There were 90 winning bidders that qualified as small entities in 
the Block C auctions. A total of 93 ``small'' and ``very small'' 
business bidders won approximately 40 percent of the 1,479 licenses for 
Blocks D, E, and F. On March 23, 1999, the Commission

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re-auctioned 155 C, D, E, and F Block licenses; there were 113 small 
business winning bidders. On January 26, 2001, the Commission completed 
the auction of 422 C and F Broadband PCS licenses in Auction No. 35. Of 
the 35 winning bidders in this auction, 29 qualified as ``small'' or 
``very small'' businesses. Subsequent events, concerning Auction 35, 
including judicial and agency determinations, resulted in a total of 
163 C and F Block licenses being available for grant.
    17. Incumbent Local Exchange Carriers (Incumbent LECs). The 
Commission has included small incumbent local exchange carriers in this 
present IRFA analysis. As noted above, a ``small business'' under the 
RFA is one that, inter alia, meets the pertinent small business size 
standard (e.g., a telephone communications business having 1,500 or 
fewer employees), and ``is not dominant in its field of operation.'' 
The SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent LECs are not dominant in their field of operation because any 
such dominance is not ``national'' in scope. The Commission has 
therefore included small incumbent local exchange carriers in this RFA 
analysis, although we emphasize that this RFA action has no effect on 
Commission analyses and determinations in other, non-RFA contexts. 
Neither the Commission nor the SBA has developed a small business size 
standard specifically for incumbent local exchange services. The 
appropriate size standard under SBA rules is for the category Wired 
Telecommunications Carriers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. According to Commission 
data, 1,337 carriers have reported that they are engaged in the 
provision of incumbent local exchange services. Of these 1,337 
carriers, an estimated 1,032 have 1,500 or fewer employees and 305 have 
more than 1,500 employees. Consequently, the Commission estimates that 
most providers of incumbent local exchange service are small businesses 
that may be affected by our proposed rules.
    18. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), ``Shared-Tenant Service 
Providers,'' and ``Other Local Service Providers.'' Neither the 
Commission nor the SBA has developed a small business size standard 
specifically for these service providers. The appropriate size standard 
under SBA rules is for the category Wired Telecommunications Carriers. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees. According to Commission data, 609 carriers have 
reported that they are engaged in the provision of either competitive 
access provider services or competitive local exchange carrier 
services. Of these 609 carriers, an estimated 458 have 1,500 or fewer 
employees and 151 have more than 1,500 employees. In addition, 16 
carriers have reported that they are ``Shared-Tenant Service 
Providers,'' and all 16 are estimated to have 1.500 or fewer employees. 
In addition, 35 carriers have reported that they are ``Other Local 
Service Providers.'' Of the 35, an estimated 34 have 1,500 or fewer 
employees and one has more than 1,500 employees. Consequently, the 
Commission estimates that most providers of competitive local exchange 
service, competitive access providers, ``Shared-Tenant Service 
Providers,'' and ``Other Local Service Providers'' are small entities 
that may be affected by our proposed rules.
    19. Satellite Telecommunications and Other Telecommunications. The 
Commission has not developed a small business size standard 
specifically for providers of international service. The appropriate 
size standards under SBA rules are for the two broad categories of 
Satellite Telecommunications and Other Telecommunications. Under both 
categories, such a business is small if it has $12.5 or less in average 
annual receipts. For the first category of Satellite 
Telecommunications, Census Bureau data for 1997 show that there were a 
total of 324 firms that operated for the entire year. Of this total, 
273 firms had annual receipts of under $10 million, and an additional 
twenty-four firms had receipts of $10 million to $24,999,999. Thus, the 
majority of Satellite Telecommunications firms can be considered small.
    20. The second category--Other Telecommunications--includes 
``establishments primarily engaged in * * * providing satellite 
terminal stations and associated facilities operationally connected 
with one or more terrestrial communications systems and capable of 
transmitting telecommunications to or receiving telecommunications from 
satellite systems.'' According to Census Bureau data for 1997, there 
were 439 firms in this category that operated for the entire year. Of 
this total, 424 firms had annual receipts of $5 million to $9,999,999 
and an additional 6 firms had annual receipts of $10 million to 
$24,999,990. Thus, under this second size standard, the majority of 
firms can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    21. There are potential reporting or recordkeeping requirements 
proposed in this NPRM, particularly with regard to state and local EAS 
participation and participation by digital broadcasters. The proposals 
set forth in the NPRM are intended to enhance the performance of the 
EAS while reducing regulatory burdens wherever possible.

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

    22. 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: (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.
    23. In setting forth the proposals contained in the NPRM, the 
Commission has attempted to minimize the burdens on all entities. The 
Commission seeks comment on the impact of our proposals on small 
entities and on any possible alternatives that would minimize the 
impact on small entities.

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

    24. None.

Ex Parte Rules

    25. These matters shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. Other requirements 
pertaining to oral and written presentations are set forth in section 
1.1206(b) of the Commission's rules.

Ordering Clauses

    26. Accordingly, pursuant to the authority contained in sections 1, 
4(i) and (o), 303[reg], 403, 624(g) and 706 of the

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Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (o), 
303(r), 403, 554(g), and 606, Notice is Hereby Given of the proposals 
described in the Notice of Proposed Rulemaking.
    27. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of the Notice of 
Proposed Rulemaking, including the Initial Regulatory Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration in 
accordance with the Regulatory Flexibility Act.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-19743 Filed 8-27-04; 8:45 am]
BILLING CODE 6712-01-P