[Federal Register Volume 70, Number 70 (Wednesday, April 13, 2005)]
[Proposed Rules]
[Pages 19377-19381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6950]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket Nos. 03-103, 05-42; FCC 04-287]


Air-Ground Telecommunications Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission requests comment on 
competitive bidding procedures for commercial and general aviation Air-
Ground Radiotelephone Service licenses. In a related document, the 
Commission has revised the rules and band plan governing the commercial 
Air-Ground Radiotelephone Service. If mutually exclusive applications 
are filed for the new commercial Air-Ground Radiotelephone Service 
licenses that are made available, the Commission will resolve such 
applications by competitive bidding. The Commission also will resolve 
by competitive bidding pending mutually exclusive applications for 
general aviation Air-Ground Radiotelephone Service licenses. To date, 
the Commission has accepted for filing nine groups of mutually 
exclusive general aviation applications, which are currently pending. 
An auction will be scheduled to resolve these applications. The auction 
will be limited to the parties in each of the nine groups of applicants 
that have filed mutually exclusive applications, which constitute 
closed filing groups.

DATES: Submit comments on or before May 3, 2005, and submit reply 
comments on or before May 13, 2005. For detailed instructions for 
submitting comments and additional information on the rulemaking 
process, see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynne Milne, Auctions and Spectrum 
Access Division, Wireless Telecommunications Bureau, at 202-418-7055. 
or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed 
Rulemaking (NPRM) portion of the Commission's Report and Order and 
Notice of Proposed Rulemaking, FCC 04-287, in WT Docket Nos. 03-103 and 
05-42, adopted December 15, 2004, and released February 22, 2005. The 
Commission is concurrently publishing a summary of the Report and Order 
in the Federal Register. The full text of the document is available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, 445 12th St., SW., Room CY-A257, 
Washington, DC 20554. The complete text may be purchased from the 
Commission's duplicating contractor: Best Copy & Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 800-
378-3160, facsimile 202-488-5563, or via e-mail at [email protected]. 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].

Synopsis of the Notice of Proposed Rulemaking

A. Incorporation by Reference of the Part 1 Standardized Auction Rules

    1. In this NPRM, we propose to conduct auctions of both commercial 
and general aviation Air-Ground Radiotelephone Service licenses in 
conformity with the general competitive bidding rules set forth in part 
1, subpart Q, of the Commission's Rules, and substantially consistent 
with the bidding procedures that have been employed in previous 
Commission auctions.
    2. Specifically, we propose to employ the part 1 rules governing, 
among other

[[Page 19378]]

things, designated entities, application and payment procedures, 
collusion issues, and unjust enrichment. Under this proposal, such 
rules would be subject to any modifications that the Commission may 
adopt in its part 1 Competitive Bidding proceeding. In addition, 
consistent with current practice, matters such as the appropriate 
competitive bidding design, as well as minimum opening bids and reserve 
prices, would be determined by the Wireless Telecommunications Bureau 
(``WTB'') pursuant to its delegated authority. We seek comment on this 
proposal. In particular, we request comment on whether any of our part 
1 competitive bidding rules would be inappropriate, or should be 
modified, for auctions of either commercial or general aviation air-
ground licenses.
    3. With respect to the commercial air-ground licenses we are making 
available, we are providing applicants with the opportunity to bid on 
licenses constituting different band configurations. Accordingly, the 
determination of whether individual commercial air-ground license 
applications are mutually exclusive for purposes of section 309(j) will 
be based on whether different applicants have applied for licenses in 
different band plan license configurations as well as on whether 
different applicants have applied for the same licenses. In other 
words, because only one band configuration will be implemented, 
applicants that apply for licenses in different configurations will be 
considered to have filed mutually exclusive applications. We 
tentatively conclude, however, that this and any other differences from 
our past auctions do not necessitate any changes to our part 1 
competitive bidding rules, and that WTB can address such differences 
through its standard practice of seeking comment on and adopting 
procedures for specific auctions. We seek comment on this tentative 
conclusion.

B. Provisions for Designated Entities

    4. In authorizing the Commission to use competitive bidding via 
section 309(j), Congress mandated that the Commission ``ensure that 
small businesses, rural telephone companies, and businesses owned by 
members of minority groups and women are given the opportunity to 
participate in the provision of spectrum-based services.'' In addition, 
section 309(j)(3)(B) of the Communications Act requires that in 
establishing eligibility criteria and bidding methodologies, the 
Commission promote ``economic opportunity and competition * * * by 
avoiding excessive concentration of licenses and by disseminating 
licenses among a wide variety of applicants, including small 
businesses, rural telephone companies, and businesses owned by members 
of minority groups and women.'' One of the principal means by which the 
Commission furthers these statutory goals is the award of bidding 
credits to small businesses. The Commission defines eligibility 
requirements for small business bidding credits on a service-specific 
basis, taking into account the capital requirements and other 
characteristics of the particular service.
    5. We tentatively conclude that small business bidding credits are 
appropriate for commercial Air-Ground Radiotelephone Service licenses. 
We base this conclusion on the fact that no commercial air-ground 
license will authorize the use of as much spectrum as other nationwide 
services for which the Commission has declined to adopt small business 
bidding credits. In addition, we believe that the operation of a 
commercial air-ground service may require lower capital expenditures 
than other nationwide services, such as satellite services, because the 
necessary infrastructure may be less costly. Thus, we tentatively 
conclude that small businesses may be able to attract the necessary 
capital to provide commercial air-ground service, particularly if they 
are assisted by bidding credits. We seek comment on these tentative 
conclusions.
    6. Having tentatively concluded that small businesses may be able 
to provide commercial air-ground service, we nonetheless recognize that 
such operations may be very capital-intensive relative to other 
services provided to smaller geographic areas. We therefore propose to 
use the same small business definitions we have adopted for other 
capital-intensive services that serve large geographic areas. 
Specifically, we propose to define a small business as an entity with 
average annual gross revenues for the three preceding years not 
exceeding $40 million, and to define a very small business as an entity 
with average annual gross revenues for the three preceding years not 
exceeding $15 million. We also propose a 15 percent bidding credit for 
small businesses and a 25 percent bidding credit for very small 
businesses, as set forth in our standardized schedule at 47 CFR 
1.2110(f)(2).
    7. We request comment on these proposals. In particular, we invite 
commenters to discuss the expected capital requirements and other 
characteristics of the commercial air-ground operations that may be 
provided using the licenses made available by the Report and Order, and 
the relationship of such requirements and characteristics to small 
business definitions and bidding credits. We invite commenters to 
provide comparisons with other services for which the Commission has 
established bidding credits. To the extent commenters support a 
different bidding credit regime than the one proposed here, they should 
support their proposals with relevant information. Such comments should 
provide information on, for example, the technology that a commercial 
air-ground licensee is likely to employ, the cost of deployment, and 
other factors that may affect capital requirements for commercial air-
ground operations.
    8. We also seek comment on whether our proposed designated entity 
provisions, if applied to the commercial Air-Ground Radiotelephone 
Service, would promote participation by businesses owned by minorities 
and by women, as well as participation by rural telephone companies. To 
the extent that commenters propose additional provisions to enhance 
participation by minority-owned or women-owned businesses, commenters 
should address how we should craft such provisions to meet the relevant 
standards of judicial review.
    9. In contrast to the commercial air-ground licenses made available 
by the Report and Order, general aviation air-ground licenses are 
specialized licenses that are generally valued by relatively small 
businesses. For this reason, we expect that small businesses interested 
in acquiring these licenses are unlikely to have difficulty obtaining 
the capital needed to participate in an auction. We seek comment on 
whether small business bidding credits would be appropriate for the 
general aviation Air-Ground Radiotelephone Service.

Procedural Matters

A. Initial Regulatory Flexibility Analysis

    10. 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 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 on or before May 3, 2005. Reply comments must be 
filed on or before May 13, 2005. The Commission will send a copy of 
this NPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration (SBA).

[[Page 19379]]

1. Need for, and Objectives of, the Proposed Rules
    11. The Report and Order addresses revisions to the rules and 
spectrum band plan for the 800 MHz commercial Air-Ground Radiotelephone 
Service spectrum. The Report and Order makes available new nationwide 
air-ground licenses in three band configurations: (1) Band plan 1, 
comprised of two overlapping, shared, cross-polarized 3 MHz licenses 
(licenses A and B, respectively), (2) band plan 2, comprised of an 
exclusive 3 MHz license and an exclusive 1 MHz license (licenses C and 
D, respectively), and (3) band plan 3, comprised of an exclusive 1 MHz 
license and an exclusive 3 MHz license (licenses E and F, 
respectively), with the blocks at opposite ends of the band from the 
second configuration. Licenses will have a ten-year term. Licenses will 
be awarded to winning bidders for the licenses comprising the 
configuration that receives the highest aggregate gross bid, subject to 
long-form license application review.
    12. If mutually exclusive applications are filed for the commercial 
air-ground licenses that comprise the three band configurations defined 
in the Report and Order, the Commission will be required to resolve 
such applications by competitive bidding pursuant to the requirements 
of section 309(j) of the Communications Act. Similarly, the Commission 
is required to resolve by competitive bidding mutually exclusive 
general aviation air-ground applications. To date, the Commission has 
accepted for filing nine groups of mutually exclusive general aviation 
applications, which are currently pending. Therefore, WTB will, 
pursuant to its delegated authority, schedule an auction to resolve 
these applications.
    13. In the NPRM, we request comment on a number of issues relating 
to competitive bidding procedures for both commercial air-ground and 
general aviation licenses. We propose to conduct auctions of both 
commercial and general aviation air-ground licenses in conformity with 
the general competitive bidding rules set forth in part 1, subpart Q, 
of the Commission's Rules, and substantially consistent with the 
bidding procedures that have been employed in previous Commission 
auctions. Specifically, we propose to employ the part 1 rules 
governing, among other things, designated entities, application and 
payment procedures, collusion issues, and unjust enrichment. Under this 
proposal, such rules would be subject to any modifications that the 
Commission may adopt in its part 1 Competitive Bidding proceeding. In 
addition, consistent with current practice, matters such as the 
appropriate competitive bidding design, as well as minimum opening bids 
and reserve prices, would be determined by WTB pursuant to its 
delegated authority. We seek comment on this proposal as well as on 
whether any of our Part 1 competitive bidding rules would be 
inappropriate, or should be modified, for auctions of either commercial 
or general aviation air-ground licenses.
    14. With respect to the commercial air-ground licenses we are 
making available, we are providing applicants with the opportunity to 
bid on licenses constituting different band configurations. 
Accordingly, the determination of whether individual commercial air-
ground license applications are mutually exclusive for purposes of 
section 309(j) will be based on whether different applicants have 
applied for licenses in different band plan license configurations as 
well as on whether different applicants have applied for the same 
licenses. In other words, because only one band configuration will be 
implemented, applicants that apply for licenses in different 
configurations will be considered to have filed mutually exclusive 
applications. We tentatively conclude, however, that this and any other 
differences from our past auctions do not necessitate any changes to 
our part 1 competitive bidding rules, and that WTB can address such 
differences through its standard practice of seeking comment on and 
adopting procedures for specific auctions. We seek comment on this 
tentative conclusion.
    15. We tentatively conclude that small business bidding credits are 
appropriate for the commercial air-ground service. We base this 
conclusion on the fact that no commercial air-ground license will 
authorize the use of as much spectrum as other nationwide services for 
which the Commission has declined to adopt small business bidding 
credits. In addition, we believe that the operation of a commercial 
air-ground service may require lower capital expenditures than other 
nationwide services, such as satellite services, because the necessary 
infrastructure may be less costly. Thus, we tentatively conclude that 
small businesses may be able to attract the necessary capital to 
provide commercial air-ground service, particularly if they are 
assisted by bidding credits. We seek comment on these tentative 
conclusions.
    16. Having tentatively concluded that small businesses may be able 
to provide commercial air-ground service, we nonetheless recognize that 
such operations may be very capital-intensive relative to other 
services provided to smaller geographic areas. We therefore propose to 
use the same small business definitions we have adopted for other 
capital-intensive services that serve large geographic areas. 
Specifically, we propose to define a small business as an entity with 
average annual gross revenues for the three preceding years not 
exceeding $40 million, and to define a very small business as an entity 
with average annual gross revenues for the three preceding years not 
exceeding $15 million. (We are coordinating these size standards with 
the U.S. Small Business Administration.) We also propose a 15 percent 
bidding credit for small businesses and a 25 percent bidding credit for 
very small businesses, as set forth in our standardized schedule at 47 
CFR 1.2110(f)(2).
    17. We request comment on these proposals. In particular, we invite 
commenters to discuss the expected capital requirements and other 
characteristics of the commercial air-ground operations that may be 
provided using the licenses made available by the Report and Order, and 
the relationship of such requirements and characteristics to small 
business definitions and bidding credits. We invite commenters to 
provide comparisons with other services for which the Commission has 
established bidding credits. To the extent commenters support a 
different bidding credit regime than the one proposed here, they should 
support their proposals with relevant information. Such comments should 
provide information on, for example, the technology that a commercial 
air-ground licensee is likely to employ, the cost of deployment, and 
other factors that may affect capital requirements for commercial air-
ground operations.
    18. We also seek comment on whether our proposed designated entity 
provisions, if applied to the commercial air-ground service, would 
promote participation by businesses owned by minorities and by women, 
as well as participation by rural telephone companies. To the extent 
that commenters propose additional provisions to enhance participation 
by minority-owned or women-owned businesses, commenters should address 
how we should craft such provisions to meet the relevant standards of 
judicial review.
    19. In contrast to the commercial air-ground licenses made 
available by the Report and Order, general aviation air-ground licenses 
are specialized licenses that are generally valued by relatively small 
businesses. For this reason, we expect that small businesses interested 
in acquiring these licenses are unlikely

[[Page 19380]]

to have difficulty obtaining the capital needed to participate in an 
auction. We seek comment on whether small business bidding credits 
would be appropriate for the general aviation air-ground service.
2. Legal Basis
    20. The proposed action is authorized under Sec. Sec.  1, 4(i), 11, 
303(r) and (y), 308, 309, and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 161, 303(r), 303(y), 308, 309, and 332.
3. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply
    21. 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 rules adopted herein. 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 Small Business 
Administration (SBA).
    22. Wireless Service Providers. The SBA has developed a small 
business size standard for wireless firms within the two broad economic 
census 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. For the census category of 
Paging, Census Bureau data for 1997 show that there were 1,320 firms in 
this category, total, that operated for the entire year. Of this total, 
1,303 firms had employment of 999 or fewer employees, and an additional 
17 firms had employment of 1,000 employees or more. Thus, under this 
category and associated small business size standard, the great 
majority of firms can be considered small. For the census category 
Cellular and Other Wireless Telecommunications, Census Bureau data for 
1997 show that there were 977 firms in this category, total, that 
operated for the entire year. Of this total, 965 firms had employment 
of 999 or fewer employees, and an additional 12 firms had employment of 
1,000 employees or more. Thus, under this second category and size 
standard, the great majority of firms can, again, be considered small. 
According to the most recent Trends in Telephone Service data, 719 
carriers reported that they were engaged in the provision of cellular 
service, personal communications service, or specialized mobile radio 
telephony services, which are placed together in the data. We have 
estimated that 294 of these are small, under the SBA small business 
size standard.
    23. Air-Ground Radiotelephone Service. The Commission has not 
adopted a small business size standard specific to the Air-Ground 
Radiotelephone Service. Again, we note that SBA has a small business 
size standard applicable to ``Cellular and Other Wireless 
Telecommunications,'' i.e., an entity employing no more than 1,500 
persons. There are approximately 100 licensees in the Air-Ground 
Radiotelephone Service, and we estimate that almost all of them qualify 
as small under the SBA small business size standard. See also paragraph 
19, supra, which describes two proposed small business size standards 
for the commercial Air-Ground Radiotelephone Service.
4. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    24. This NPRM does not propose any new reporting, recordkeeping, or 
other compliance requirements but merely proposes to extend the 
Commission's existing part 1 competitive bidding and application 
requirements to the commercial and general aviation Air-Ground 
Radiotelephone Service.
5. Steps Taken to Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    25. 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) and 
exemption from coverage of the rule, or any part thereof, for small 
entities.''
    26. Specifically to assist small businesses, the NPRM proposes to 
establish the same small business size standards and associated small 
business bidding credits for the commercial Air-Ground Radiotelephone 
Service as the Commission has adopted for a number of other wireless 
services, and also asks whether small business bidding credits would be 
appropriate for the general aviation Air-Ground Radiotelephone Service. 
The Commission will continue to examine alternatives in the future with 
the objectives of eliminating unnecessary regulations and minimizing 
any significant economic impact on small entities. We invite comment on 
any additional significant alternatives parties believe should be 
considered and on how the approach outlined in the NPRM will impact 
small entities, including small non-profits and small governmental 
entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    27. None.

Initial Paperwork Reduction Act of 1995 Analysis

    28. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    29. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before May 3, 2005, and reply comments 
on or before May 13, 2005. Comments and reply comments should be filed 
in both WT Docket Nos. 03-103 and 05-42. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding.
    30. Comments may be filed either by filing electronically, such as 
by using the Commission's Electronic Comment Filing System (ECFS), or 
by filing paper copies. Parties are strongly urged to file their 
comments using ECFS. 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, the electronic filer should include 
its full name, Postal Service mailing address, and the applicable 
docket or rulemaking number, WT Docket Nos. 03-103 and 05-42. Parties 
also may submit comments electronically by Internet e-mail. To receive 
filing instructions for e-mail comments, commenters should send an e-
mail to [email protected], and

[[Page 19381]]

should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply.
    31. Parties who choose to file by paper may submit such filings by 
hand or messenger delivery, by U.S. Postal Service mail (First Class, 
Priority, or Express Mail), or by commercial overnight courier. Parties 
must file an original and four copies of each filing in WT Docket Nos. 
03-103 and 05-42. Parties that want each Commissioner to receive a 
personal copy of their comments must file an original plus nine copies. 
If paper filings are hand-delivered or messenger-delivered for the 
Commission's Secretary, they must be delivered to the Commission's 
contractor at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002-4913. To receive an official ``Office of the Secretary'' date 
stamp, documents must be addressed to Marlene H. Dortch, Secretary, 
Federal Communications Commission. (The filing hours at this facility 
are 8 a.m. to 7 p.m.) If paper filings are submitted by mail though the 
U.S. Postal Service (First Class mail, Priority Mail, and Express 
Mail), they must be sent to the Commission's Secretary, Marlene H. 
Dortch, Federal Communications Commission, Office of the Secretary, 445 
12th Street, SW., Washington, DC 20554. If paper filings are submitted 
by commercial overnight courier (i.e., by overnight delivery other than 
through the U.S. Postal Service), such as by Federal Express or United 
Parcel Service, they must be sent to the Commission's Secretary, 
Marlene H. Dortch, Federal Communications Commission, Office of the 
Secretary, 9300 East Hampton Drive, Capitol Heights, MD 20743. (The 
filing hours at this facility are 8 a.m. to 5:30 p.m.)
    32. Parties may also file with the Commission some form of 
electronic media submission (e.g., diskettes, CDs, tapes, etc.) as part 
of their filings. In order to avoid possible adverse affects on such 
media submissions (potentially caused by irradiation techniques used to 
ensure that mail is not contaminated), the Commission advises that they 
should not be sent through the U.S. Postal Service. Hand-delivered or 
messenger-delivered electronic media submissions should be delivered to 
the Commission's contractor at 236 Massachusetts Avenue, NE., Suite 
110, Washington, DC 20002-4913. Electronic media sent by commercial 
overnight courier should be sent to the Commission's Secretary, Marlene 
H. Dortch, Federal Communications Commission, Office of the Secretary, 
9300 East Hampton Drive, Capitol Heights, MD 20743.
    33. Regardless of whether parties choose to file electronically or 
by paper, they should also send one copy of any documents filed, either 
by paper or by e-mail, to each of the following: (1) Best Copy & 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC, 20554, facsimile (202) 488-5563, or e-mail at 
www.[email protected]; and (2) Richard Arsenault, Mobility Division, 
Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, 
DC 20554, or e-mail at [email protected].
    34. Comments, reply comments, and ex parte submissions will be 
available for public inspection during regular business hours in the 
FCC Reference Information Center, Federal Communications Commission, 
445 12th Street, SW., Room CY-A257, Washington, DC 20554. These 
documents also will be available electronically at the Commission's 
Disabilities Issues Task Force Web site, http://www.fcc.gov/dtf, and 
from the Commission's Electronic Comment Filing System. Documents are 
available electronically in ASCII text, Word 97, and Adobe Acrobat. 
Copies of filings in this proceeding may be obtained from Best Copy & 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone (800) 378-3160, facsimile (202) 488-
5563, or via e-mail at www.[email protected]. This document is also 
available in alternative formats (computer diskette, large print, audio 
cassette, and Braille). Persons who need documents in such formats may 
contact Brian Millin at (202) 418-7426, TTY (202) 418-7365, 
[email protected], or send an e-mail to [email protected].

C. Ex Parte Rules Regarding the NPRM--Permit-But-Disclose Comment 
Proceeding

    35. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided that they are disclosed in accordance 
with Commission rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206.

Ordering Clauses

    36. Pursuant to the authority contained in sections 1, 4(i), 11, 
and 303(r) and (y), 308, 309, and 332 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 161, 303(r), (y), 308, 309, 
and 332, this Notice of Proposed Rulemaking is hereby adopted, and 
parts 1 and 22 of the Commission's rules are amended accordingly.
    37. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of this NPRM, including 
the IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects 47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Radio, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-6950 Filed 4-12-05; 8:45 am]
BILLING CODE 6712-01-P