[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Proposed Rules]
[Pages 33416-33426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11170]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[DA-05-1524]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations under the Regulatory Flexibility Act of 
1980; comments requested.

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SUMMARY: This document invites members of the public to comment on the 
Federal Communication Commission's (FCC's or Commission's) rules to be 
reviewed pursuant to Section 610 of the Regulatory Flexibility Act of 
1980, as amended (RFA). The purpose of the review is to determine 
whether Commission rules whose ten-year anniversary dates are in the 
years 2002 through 2005, as contained in the Appendix, should be 
continued without change, amended, or rescinded in order to minimize 
any significant impact the rules may have on a substantial number of 
small entities. Upon receipt of comments from the public, the 
Commission will evaluate those comments and consider whether action 
should be taken to rescind or amend the relevant rule(s).

DATES: Comments may be filed on or before September 1, 2005.

FOR FURTHER INFORMATION CONTACT: Eric Malinen or Allan Manuel, Office 
of Communications Business Opportunities, Federal Communications 
Commission, (202) 418-0990. People with disabilities may contact the 
FCC to request reasonable accommodations (accessible format documents, 
sign language interpreters, CART, etc.) by e-mail: [email protected] or 
phone: 202-418-0530 or TTY: 202-418-0432.

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

SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list 
of ten-year old rules for review and comment by interested parties 
pursuant to the requirements of Section 610 of the RFA.

Public Notice--FCC Seeks Comment Regarding Possible Revision or 
Elimination of Rules Under the Regulatory Flexibility Act, 5 U.S.C. 610

Released: May 31, 2005

    1. Pursuant to the RFA, see 5 U.S.C. 610, the FCC hereby publishes 
a plan for the review of rules adopted by the agency in calendar years 
1993, 1994 and 1995 which have, or might have, a significant economic 
impact on a substantial number of small entities. The purpose of the 
review is to determine whether such rules should be continued without 
change, or should be amended or rescinded, consistent with the stated 
objectives of Section 610 of the RFA, to minimize any significant 
economic impact of such rules upon a substantial number of small 
entities.
    2. This document lists the FCC regulations to be reviewed during 
the next twelve months. In succeeding years, as here, the Commission 
will publish a list for the review of regulations promulgated ten years 
preceding the year of review.
    3. In reviewing each rule under this plan to minimize the possible 
significant economic impact on a substantial number of small entities, 
consistent with the requirements of Section 610, the FCC will consider 
the following factors:
    (a) The continued need for the rule;
    (b) The nature of complaints or comments received concerning the 
rule from the public;
    (c) The complexity of the rule;
    (d) The extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules and, to the extent feasible, with State and 
local governmental rules; and
    (e) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    4. Appropriate information has been provided for each rule, 
including a brief

[[Page 33417]]

description of the rule and the need for and legal basis of the rule. 
The public is invited to comment on the rules chosen for review by the 
FCC according to the requirements of Section 610 of the RFA. All 
relevant and timely comments will be considered by the FCC before final 
action is taken in this proceeding. To file formally in this 
proceeding, participants should file an original and four copies of all 
comments with the Office of the Secretary, ATTN: OCBO. Comments will be 
available for public inspection during regular business hours in the 
FCC's Reference Information Center, Rm. CY-A257, 445 12th Street, S.W., 
Washington, DC 20554. For additional information on the requirements of 
the RFA visit www.fcc.gov/ocbo.

Federal Communications Commission.
Carolyn Fleming Williams,
Director, Office of Communications and Business Opportunities.

Appendix

    List of rules for review pursuant to the Regulatory Flexibility 
Act of 1980, 5 U.S.C. 610, for 1993, 1994 and 1995. All listed rules 
are in Title 47 of the Code of Federal Regulations.

Part 1--Practice and Procedure

Subpart A--General Rules of Practice and Procedure

    Brief Description: These rules provide that non-licensee tower 
owners may be subject to forfeiture for violations of the painting 
and/or lighting requirements for radio towers as prescribed by the 
Commission without a prior citation under certain conditions. These 
rules also extend the statute of limitations for issuing forfeitures 
to broadcast station licensees to encompass the entire current 
license term and clarify the meaning of ``current license term.''
    Need: These rules restate the statutory language of 47 U.S.C. 
503(b)(5)(6) and 47 U.S.C. 503(b)(6).
    Legal Basis: Secs. 4, 202, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303; 5 U.S.C. 552; 21 U.S.C. 853a.
    Section Number and Title:

1.80(c)(1), 1.80(d) Forfeiture Proceedings.

Subpart E--Complaints, Applications, Tariffs, and Reports Involving 
Common Carriers

    Brief Description: Part 1, subpart E implements section 208 of 
the Communications Act of 1934, as amended. Section 208 permits any 
person to lodge a complaint with the Commission against a common 
carrier alleging a violation of the Act. Section 208 places a duty 
on the Commission to forward the complaint to the common carrier(s) 
involved which, in turn, must either satisfy the complaint or answer 
it in writing within a time period specified by the Commission. 
Subpart E establishes the rules for the submission and treatment of 
two categories of complaints: (1) Formal complaints, governed by 
Sec. Sec.  1.720-1.736; and (2) informal complaints, governed by 
Sec. Sec.  1.716-1.719. The informal complaint rules emphasize ease 
of filing by consumers and voluntary cooperative efforts by 
consumers and affected companies to resolve their differences 
informally. The Consumer & Governmental Affairs Bureau's analysis of 
part 1, subpart E will be limited to informal complaints.
    Need: The informal complaint rules are designed to facilitate 
the efficient and expeditious processing of informal consumer 
complaints in order to promote maximum compliance with the 
requirements of the Act and the Commission's rules and implementing 
orders. To ensure access and ease of use by individual consumers, 
the informal complaint rules do not contain the procedural, 
evidentiary, and fee requirements prescribed for formal complaints. 
A person not satisfied with the carrier's response to an informal 
complaint or with the Commission's disposition of the informal 
complaint may file a formal complaint on the same cause of action 
subject to certain limitations.
    The Commission added a new section to the informal complaint 
rules in 2000 in response to the enactment of section 258 of the 
Communications Act of 1934, as amended by the Telecommunications Act 
of 1996, broadening the Commission's authority to combat 
``slamming,'' the submission or execution of an unauthorized change 
in a subscriber's selection of a provider of telecommunications 
service. The new section of the informal complaint rules cross-
referenced the Commission's slamming liability rules at part 64, 
subpart K, and provided that a subscriber unsatisfied with the 
resolution of an informal slamming complaint had 45 days to file a 
formal complaint.
    Legal Basis: 47 U.S.C. 208, 258.
    Section Number and Title:

1.716 Form.
1.717 Procedure.
1.718 Unsatisfied informal complaints; formal complaints relating 
back to the filing dates of informal complaints.
1.719 Informal complaints filed pursuant to section 258.

    Brief Description: These rules set forth many of the procedures 
that must be followed in order to prosecute and/or defend a formal 
complaint filed against a common carrier pursuant to section 208 of 
the Communications Act (47 U.S.C. 208) alleging a violation of the 
Communications Act.
    Need: These rules result in the effective, efficient, and timely 
resolution of formal complaints.
    Legal Basis: 47 U.S.C. 154(i), 154(u)(j), 208, 303(r).
    Section Number and Title:

1.720 General pleading requirements.
1.724 Answers.
1.726 Replies.
1.727 Motions.
1.729 Interrogatories to parties.
1.731 Confidentiality of information produced through discovery.
1.732 Other required written submissions.
1.733 Status conference.
1.734 Specification as to pleadings, briefs, and other documents; 
subscription.
1.735 Copies; service; separate filings against multiple defendants.
    Brief Description: Directions on how to file applications, 
including the place of filing, the amount of fees, who may sign the 
application, and the number of copies required.
    Need: These rules provide general directions on where to file 
applications, the amount of fees, the number of copies and who may 
sign the application.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

1.742 Place of filing, fees, and number of copies.
1.743 Who may sign applications.

    Brief Description: The rules in part 1, subpart E, prescribe the 
procedures, format, and content of complaints, applications, 
tariffs, and reports involving common carriers. Section 1.773 sets 
forth the procedures for filing petitions and replies to petitions 
seeking investigation, suspension, or rejection of new tariff 
filings.
    Need: Sections 1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii) 
were adopted to adjust the pleading cycle for petitions seeking 
investigation, suspension, or rejection of tariff filings made on 14 
days' notice. They are intended to provide the Commission with 
additional time to review pleadings filed in 14-day tariff 
proceedings and to ensure notice to the filing carrier.
    Legal Basis: 47 U.S.C. 154, 201-205, 303.
    Section Number and Title:

1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii) Petitions for 
suspension or rejection of new tariff filings.

    Brief Description: Annual financial filing report by telephone 
carriers and affiliates as required by part 43.
    Need: These rules provide a filing requirement to the Commission 
per part 43 of the Commission's rules.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

    1.785 (a) Annual financial reports.

Subpart G--Schedule of Statutory Charges and Procedures for Payment

    Brief Description: Schedule of charges for applications.
    Need: Section 1.1102 through 1.1107 rules are tables that 
identify the application fees that are charged by the Commission for 
renewing, modifying, or when applying for a new license. These fees 
are adjusted periodically to incorporate cost-of-living increases, 
and or other increases in fees. Section 1.1108 through 1.1119 rules 
describe the type and form of payment, where it should be sent and 
how the payment should be processed, as well as rules governing 
exemptions, refunds, and penalties associated with the charges in 
Sec. Sec.  1.1102 through 1.1107.
    Legal Basis: 47 U.S.C. 158(b).
    Section Number and Title:

1.1102 Schedule of charges for applications and other filings in the 
wireless telecommunications services.
1.1103 Schedule of charges for equipment approval, experimental 
radio services, and international telecommunications settlement 
services.

[[Page 33418]]

1.1104 Schedule of charges for applications and other filings for 
media services.
1.1105 Schedule of charges for applications and other filings for 
the wireline competition service.
1.1106 Schedule of charges for applications and other filings for 
the enforcement service.
1.1107 Schedule of charges for applications and other filings for 
the international service.
1.1108 Attachment of charges.
1.1109 Payment of charges.
1.1110 Form of payment.
1.1111 Filing locations.
1.1112 Conditionality of Commission or staff authorizations.
1.1113 Return or refund of charges.
1.1114 General exemptions to charges.
1.1115 Adjustments to charges.
1.1116 Penalty for late or insufficient payments.
1.1117 Petitions and applications for review.
1.1118 Error claims.
1.1119 Billing procedures.

    Brief Description: Schedule of annual regulatory fees and filing 
locations.
    Need: These rules provide the authority for the Commission to 
impose and collect regulatory fees, as well as identify possible 
exemptions, adjustments, penalties, and waivers of these fees.
    Legal Basis: 47 U.S.C. 159(a).
    Section Number and Title:

1.1151 Authority to prescribe and collect regulatory fees.
1.1152 Schedule of annual regulatory fees and filing locations for 
wireless radio services.
1.1153 Schedule of annual regulatory fees and filing locations for 
mass media services.
1.1154 Schedule of annual regulatory charges and filing locations 
for common carrier services.
1.1155 Schedule of annual regulatory fees and filing locations for 
cable television services.
1.1156 Schedule of annual regulatory fees and filing locations for 
international services.
1.1157 Payment of charges for regulatory fees.
1.1158 Form of payment for regulatory fees.
1.1159 Filing locations and receipts for regulatory fees.
1.1160 Refunds of regulatory fees.
1.1161 Conditional license grants and delegated authorizations.
1.1162 General exemptions from regulatory fees.
1.1163 Adjustments to regulatory fees.
1.1164 Penalties for late or insufficient regulatory fee payments.
1.1165 Payment by cashier's check for regulatory fees.
1.1166 Waivers, reductions and deferrals of regulatory fees.
1.1167 Error claims related to regulatory fees.

Subpart H--Ex Parte Communications

    Brief Description: General instructions on exempt ex parte 
presentations and proceedings as they relate to new factual 
information that becomes available in presentations made to the U.S. 
Department of Justice and the Federal Trade Commission involving 
telecommunications competition matters.
    Need: These rules provide guidance on what types of ex parte 
presentations are exempt.
    Legal Basis: 47 U.S.C 154(i), 154(i)(j), and 303(r).
    Section Number and Title:

1.1204 Exempt ex parte presentations and proceedings.

Subpart Q--Competitive Bidding Proceedings

    Brief Description: These rules provide competitive bidding 
procedures to choose from among two or more mutually exclusive 
applications for an initial license.
    Need: The subpart Q rules establish a uniform set of competitive 
bidding rules and procedures for use in licensing of all services 
that are subject to licensing by auction. The rules in this subpart: 
(1) Describe which services are subject to competitive bidding; (2) 
provide competitive bidding mechanisms and design options; (3) 
establish application, disclosure and certification procedures for 
short- and long-form applications; and (4) specify down payment, 
withdrawal and default mechanisms. In addition, subpart Q contains 
rules by which the Commission determines eligibility for 
``designated entity'' status (i.e., small business, minority- and 
women-owned business, and rural telephone companies), and includes a 
schedule of bidding credits for which designated entities may 
qualify in those auctions in which special provisions are made for 
designated entities. The purpose of the designated entity provisions 
is to implement section 309(j)(3)(B) of the Communications Act of 
1934, as amended, which states that an objective of designing and 
implementing the competitive bidding system is to ``promot[e] 
economic opportunity and competition and ensur[e] that new and 
innovative technologies are readily accessible to the American 
people by avoiding excessive concentration in licenses and 
disseminating licenses among a wide variety of applicants, including 
small businesses, rural telephone companies, and businesses owned by 
members of minority groups and women.''
    Legal Basis: 47 U.S.C. 309(j).
    Section Number and Title:

1.2101 Purpose.
1.2102 Eligibility of applications for competitive bidding.
1.2103 Competitive bidding design options.
1.2104 Competitive bidding mechanisms.
1.2105 Bidding application and certification procedures; prohibition 
of collusion.
1.2106 Submission of upfront payments.
1.2107 Submission of down payment and filing of long-form 
applications.
1.2108 Procedures for filing petitions to deny against long-form 
applications.
1.2109 License grant, denial, default, and disqualifications.
1.2110 Designated entities.
1.2111 Assignment or transfer of control: unjust enrichment.

Part 2--Frequency Allocations and Radio Treaty Matters; General Rules 
and Regulations

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

    Brief Description: Footnote US315 states that, in the frequency 
bands 1530-1544 MHz and 1626.5-1645.5 MHz, maritime mobile-satellite 
distress and safety communications, e.g., the Global Maritime 
Distress and Safety System (GMDSS), have priority access with real-
time preemptive capability in the mobile-satellite service; that 
communications of mobile-satellite system stations not participating 
in the GMDSS will operate on a secondary basis to distress and 
safety communications of stations operating in the GMDSS; and that 
account must be taken of the priority of safety-related 
communications in the mobile-satellite service.
    Need: Footnote US315 provides maritime mobile-satellite distress 
and safety communications with priority access and real-time 
preemptive capability in the specified bands over routine, non-
safety related public correspondence.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:

2.106, footnote US315 Table of Frequency Allocations.
    Brief Description: Footnote US237 states that the band 2310-2360 
MHz is allocated to the broadcasting-satellite service (sound) and 
complementary terrestrial broadcasting service on a primary basis; 
and that use is limited to digital audio broadcasting and is subject 
to the provisions of Resolution 528 of the International 
Telecommunication Union's Radio Regulations.
    Need: Footnote US327 expands the broadcasting-satellite service 
in the band 2310-2360 MHz to include the complementary terrestrial 
broadcasting service and limits these uses to digital audio 
broadcasting.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:

2.106, footnote US327 Table of Frequency Allocations.

    Brief Description: Footnote NG152 states that the band 219-220 
MHz is also allocated to the amateur service on a secondary basis 
for stations participating, as forwarding stations, in point-to-
point fixed digital message forwarding systems, including intercity 
packet backbone networks.
    Need: Footnote NG152 helps alleviate congestion that amateurs 
experience in certain areas of the country in the band 222-225 MHz 
and facilitates establishment of regional and nationwide networks 
for amateur digital packet communications.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:

2.106, footnote NG152 Table of Frequency Allocations.

Part 11--Emergency Alert System (EAS)

Subpart A--General

    Brief Description: These rules describe the required technical 
standards and operational

[[Page 33419]]

procedures of EAS for AM, FM, and TV broadcast stations, cable 
systems, and other participating entities.
    Need: In employing consistent technical standards and 
operational procedures for all participating entities, these rules 
will result in orderly distribution of emergency messaging in the 
event an emergency is activated.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.
    Section Number and Title:

11.1 Purpose.
11.11 The Emergency Alert System (EAS).
11.12 Two-tone Attention Signal encoder and decoder.
11.13 Emergency Action Notification (EAN) and Emergency Action 
Termination (EAT).
11.14 Primary Entry Point (PEP) System.
11.15 EAS Operating Handbook.
11.16 National Control Point Procedures.
11.18 EAS Designations.
11.19 EAS Non-participating National Authorization Letter.
11.20 State Relay Network.
11.21 State and Local Area Plans and FCC Mapbook.

Subpart B--Equipment Requirements

    Brief Description: These rules describe EAS protocol for 
emergency event codes and EAS equipment requirements.
    Need: Establishing quality and compatibility standards for EAS 
equipment will ensure technological interoperability and result in 
delivery of responsive, robust, and redundant emergency messaging.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.
    Section Number and Title:

11.31 EAS Protocol.
11.32 EAS Encoder.
11.33 EAS Decoder.
11.34 Acceptability of the Equipment.
11.35 Equipment operational readiness.

Subpart C--Organization

    Brief Description: These rules describe participation standards 
and acceptable uses of EAS for all participating entities. The rules 
also set message priorities from the Presidential level down to the 
state and local levels.
    Need: By setting participation standards and acceptable uses, 
these rules ensure the integrity of EAS for the Presidential message 
priority in the event of a national emergency.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.
    Section Number and Title:

11.41 Participation in EAS.
11.42 Participation by communications common carriers.
11.43 National level participation.
11.44 EAS message priorities.
11.45 Prohibition of false or deceptive EAS transmissions.
11.46 EAS public service announcements.
11.47 Optional use of other communications methods and systems.

Subpart D--Emergency Operations

    Brief Description: These rules describe procedures for 
monitoring key EAS sources. Once EAS has been activated, these rules 
set operation and transmission guidelines for national, state, and 
local level messaging.
    Need: These rules describe how a national, state, or local 
emergency is activated, and upon activation, provide guidelines for 
all participating entities to follow during national, state, and 
local-level emergencies.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.
    Section Number and Title:

11.51 EAS code and Attention Signal Transmission requirements.
11.52 EAS code and Attention Signal Monitoring requirements.
11.53 Dissemination of Emergency Action Notification
11.54 EAS operation during a National Level emergency.
11.55 EAS operation during a State or Local Area emergency.

Subpart E--Tests

    Brief Description: These rules describe EAS testing protocols 
for all participating entities.
    Need: Regular testing of EAS equipment will ensure operational 
readiness in the event of an emergency.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g) and 
606.
    Section Number and Title:

11.61 Tests of EAS procedures.

Part 13--Commercial Radio Operators

    Brief Description: The part 13 rules prescribe the manner and 
conditions under which commercial radio operators are licensed by 
the Commission.
    Need: These rules identify the different classes of commercial 
radio operator licenses and permits, set forth eligibility 
requirements, and establish a regulatory framework for the 
privatized commercial radio operator license examination process. 
They are necessary to ensure that certain tasks pertaining to the 
operation and maintenance of radio equipment used in the maritime, 
aviation, and international fixed public radio communication 
services are performed only by qualified persons, and to ensure the 
integrity of the examination process by which such qualifications 
are established.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

13.1 Basis and purpose.
13.3 Definitions.
13.5 Licensed commercial radio operator required.
13.7 Classification of operator licenses and endorsements.
13.8 Authority conveyed.
13.9 Eligibility and application for new license or endorsement.
13.10 Licensee address.
13.11 Holding more than one commercial radio operator license.
13.13 Application for a renewed or modified license.
13.15 License term.
13.17 Replacement license.
13.19 Operator's responsibility.
13.201 Qualifying for a commercial operator license or endorsement.
13.203 Examination elements.
13.207 Preparing an examination.
13.209 Examination procedures.
13.211 Commercial radio operator license examination.
13.213 COLEM qualifications.
13.215 Question pools.
13.217 Records.

Part 15--Radio Frequency Devices

Subpart B--Unintentional Radiators

    Brief Description: This rule specifies the isolation standards 
for TV interface device antenna transfer switches.
    Need: This rule prevents excessive leakage through the TV 
broadcast antenna of signals generated by TV interface devices, 
reducing the potential that harmful interference would be caused to 
television broadcast reception and other radio services.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
    Section Number and Title:

15.115(c)(1)(i) TV interface devices, including cable system 
terminal devices.

    Brief Description: This rule specifies the isolation standards 
for switches that are used to alternate between cable service and a 
TV broadcast antenna.
    Need: This rule prevents excessive leakage through the TV 
broadcast antenna of signals generated by a cable system terminal 
devices, reducing the potential that harmful interference would be 
caused to television broadcast reception and other radio services.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
    Section Number and Title:

15.115(h) TV interface devices, including cable system terminal 
devices.

    Brief Description: This rule specifies the standards for closed 
caption reception that is required for all analog TV broadcast 
receivers with picture screens 13 inches or larger.
    Need: Absent this regulation, analog TV broadcast receivers 
would not be required to display closed caption transmissions.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
    Section Number and Title:

15.119 Closed caption decoder requirements for analog television 
receivers.

Subpart C--Intentional Radiators

    Brief Description: These rules specify the emission standards 
and frequencies of operation for cordless telephones that operate in 
the 46-50 MHz band.
    Need: These rules permit cordless telephones to operate without 
individual licensing in the 46-50 MHz band.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544A.
    Section Number and Title:

15.233 Operation within the bands 43.71-44.49 MHz, 46.60-46.98 MHz, 
48.75-49.51 MHz and 49.66-50.0 MHz.

Part 18--Industrial, Scientific and Medical Equipment

    Brief Description: This rule specifies the definition for non-
consumer Magnetic Resonance Equipment (MRE), which is a category of 
Industrial, Scientific and Medical (ISM) equipment in which radio 
frequency (RF) energy is used to create images and data representing 
spatially resolved density of

[[Page 33420]]

transient atomic resources within an object. MRE devices are still 
used extensively in health care facilities today.
    Need: In adopting the statutory definition for MRE devices, the 
rule clarifies the type of ISM devices that would be subject to 
specific requirements of part 18 of the Commission's rules, as 
enumerated in section 18.121, infra. Part 18 sets forth requirements 
designed to minimize the potential for interference to radio and TV 
services from ISM equipment. ISM equipment generates RF energy in 
order to perform a non-communications related function. Common 
examples of consumer ISM devices are microwave ovens and RF lighting 
devices. Common examples of non-consumer ISM devices include 
industrial heaters and ultrasonic equipment. Before ISM equipment 
can be marketed in the United States, it must comply with the 
technical standards and equipment authorization procedure specified 
in part 18 of the Commission's rules.
    Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 and 307.
    Section Number and Title:

18.107(j) Definitions, Magnetic Resonance Equipment.

    Brief Description: This rule relates to the exemptions from the 
part 18 requirements for non-consumer ultrasonic equipment or non-
consumer magnetic resonance equipment (MRE) used for medical 
diagnostic and monitoring applications. MRE is a category of 
Industrial, Scientific and Medical (ISM) equipment in which RF 
energy is used to create images and data representing spatially 
resolved density of transient atomic resources within an object. MRE 
devices are still used extensively in health care facilities today.
    Need: This rule already existed for non-consumer ultrasonic 
equipment, which are only subject to certain sections of part 18 of 
the Commission's rules. The adopted change to the rule (as published 
in 59 FR 39472) applied the same exemptions for non-consumer 
ultrasonic equipment to the then-new category of non-consumer MRE 
devices (as defined in section 18.107(j), supra.) This rule in 
effect exempts non-consumer MRE devices from the part 18 technical 
standards and authorization requirements in order to remove 
regulations that unnecessarily increase the amount of time and cost 
required to bring these new non-consumer MRE devices to market. 
However, the rule retains certain critical part 18 standards 
applicable to MRE devices, such as general importation requirements 
and frequencies available for ISM use.
    Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 and 307.
    Section Number and Title:

18.12 Exemptions.

    Note: In 1995, Section 18.121 was editorially revised to correct 
the omission of the word ``ONLY'' in the above adopted rule. As 
published in the CFR, the final regulations contained errors that 
might have proven to be misleading and were in need of correction 
(see 60 FR 47302)(September 12, 1995.) This rule revision is not 
substantive.

Part 25--Satellite Communications

Subpart B--Applications and Licenses

    Brief Description: This subpart includes procedures for the 
filing of earth station applications. The information requirements 
in these rules allow for frequency coordination analysis to reduce 
interference and the verification of earth station antenna 
performance standards. Provisions in subpart B also provide for the 
timely construction and operation of earth stations.
    Need: To establish proper procedures for submitting the correct 
information for filing earth station applications.
    Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744.
    Section Number and Title:

25.130 Filing requirements for transmitting earth stations.
25.132 Verification of earth station antenna performance standards.
25.133 Period of construction; certification of commencement of 
operation.
25.135 Licensing provisions for earth station networks in the non-
voice, non-geostationary mobile-satellite service.

    Brief Description: This subpart includes rules to facilitate 
coordination to avoid harmful interference to other satellite 
systems. These rules also outline conditions for qualification as an 
applicant, which enhances the likelihood that the proposed systems 
will be constructed, launched, and operated if licensed.
    Need: To establish proper procedures for submitting the correct 
information for filing space station applications.
    Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744.
    Section Number and Title:

25.142 Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.
25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
service and 2 GHz mobile-satellite service.
    Brief Description: This subpart includes well-defined procedures 
for processing applications including the requirement for public 
notice.
    Need: To establish proper procedures for submitting the correct 
information for filing space station applications and to allow for 
public notice of such applications.
    Legal Basis: 47 U.S.C. 154, 301,302, 303, 307, 309, 332.
    Section Number and Title:

25.151 Public notice period.

Subpart C--Technical Standards

    Brief Description: This subpart provides clear and predictable 
technical standards to minimize interference.
    Need: To provide space station and earth station operators a 
universal set of standards and operating procedures.
    Legal Basis: 47 U.S.C. 154, 701-744. Interprets or applies 47 
U.S.C. 303.
    Section Number and Title:

25.201 Definitions.
25.202 Frequencies, frequency tolerance and emission limitations.
25.203 Choice of sites and frequencies.
25.204 Power limits.
25.208 Power flux density limits.
25.209 Antenna performance standards.
25.210 Technical requirements for space stations in the Fixed-
Satellite Service.
25.211 Video transmissions in the Fixed-Satellite Service.
25.212 Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite 
Service.
25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz 
Mobile-Satellite Service.

Subpart D--Technical Operations

    Brief Description: This subpart provide clear and predictable 
operating rules to minimize interference.
    Need: To provide space station and earth station operators a 
universal set of standards and operating procedures.
    Legal Basis: 47 U.S.C. 154, 701-744.
    Section Number and Title:

25.271 Control of transmitting stations.
25.272 General inter-system coordination procedures.
25.273 Duties regarding space communications transmissions.
25.274 Procedures to be followed in the event of harmful 
interference.
25.275 Particulars of operation.
25.276 Points of communication.
25.277 Temporary fixed earth station operations.
25.278 Additional Coordination Obligation for Non-Geostationary and 
Geostationary Satellite Systems in Frequencies Allocated to the 
Fixed-Satellite Service.
25.279 Inter-satellite service.

Subpart I--Equal Employment Opportunities

    Brief Description: Section 25.601 requires entities that use a 
fixed satellite service or direct broadcast satellite service 
facility to provide video programming to the public on a 
subscription basis to comply with the equal opportunity requirements 
set forth in part 76 of the Commission's rules.
    Need: To implement the equal opportunity provisions of the Cable 
Television Consumer Protection and Competition Act of 1992.
    Legal Basis: 47 U.S.C. 154. Interprets or applies 47 U.S.C. 701-
744, 554.
    Section Number and Title:

25.601 Equal employment opportunity requirements.

Part 27--Miscellaneous Wireless Communications Services

Subpart M--Broadband Radio Service and Educational Broadband 
Service

    Brief Description: These rules state the conditions under which 
spectrum is made available and licensed for the provision of the 
Broadband Radio Service and the Educational Broadband Service 
(previously the Multipoint Distribution Service and Instructional 
Television Fixed Service, respectively) in the 2495-2690 MHz band. 
These four rules were originally published in part 21.
    Need: These rules provide a regulatory framework for the 
Broadband Radio Service and Educational Broadband Service, 
particularly with respect to licensing and auctions.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, 
337.

[[Page 33421]]

    Section Number and Title:

27.1201(a)(3) EBS eligibility.
27.1208 Service areas.
27.1212 License term.
27.1213 Designated entity provisions for BRS in Commission auctions 
commencing prior to January 1, 2004.

Part 43--Reports of Communication Common Carriers and Certain 
Affiliates

    Brief Description: The rule sets forth the requirements and 
procedures for carriers to file information on how U.S. 
international carriers use their circuits.
    Need: The rule provides essential data that enables the 
Commission to discharge its obligations to authorize the 
construction and use of international common carrier transmission 
facilities. The information is used by the agency and industry to 
determine whether an international common carrier is providing 
direct or indirect service to countries and to assess industry 
trends in the use of international transmission facilities. The data 
is extremely valuable because it is not available from any other 
source.
    Legal Basis: 47 U.S.C. 154, 214, 219, 303, 403.
    Section Number and Title:

43.82 International Circuit Status Reports.

Part 61--Tariffs

Subpart E--General Rules for Dominant Carriers

    Brief Description: The part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs. Part 61 rules also 
establish the pricing rules and related requirements that apply to 
incumbent local exchange carriers.
    Need: Section 61.33(e) requires all letters of transmittal for 
14-day tariff filings to include an address and designated 
individual for personal service and a number for facsimile service. 
Sections 61.39(d) and 61.39(e) give smaller carriers providing 
service primarily to rural areas optional regulatory reforms that 
compliment the price cap system. These reforms are intended to 
reduce administrative burdens and increase flexibility, while 
continuing to ensure high service quality and universal service at 
reasonable rates. Sections 61.42(e)(1)(iii) and 61.42(e)(1)(iv) 
establish the price cap baskets for 800 data base access services 
and for billing name and address information.
    Legal Basis: 47 U.S.C. 154, 201-205, and 403.
    Section Number and Title:

61.33(e) Letters of transmittal.
61.39 Optional supporting information to be submitted with letters 
of transmittal for Access Tariff filings effective on or after April 
1, 1989, by local exchange carriers serving 50,000 or fewer access 
lines in a given study area that are described as subset 3 carriers 
in 69.602.
61.42 Price cap baskets and service categories.

Part 64--Miscellaneous Rules Relating to Common Carriers

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities.

    Brief Description: Part 64, subpart F implements section 225 of 
the Communications Act of 1934, as amended. Section 225 codifies 
Title IV of the Americans with Disabilities Act of 1990 (ADA) which 
requires that the Commission ensure that telecommunications relay 
services (TRS) are available, ``to the extent possible and in the 
most efficient manner,'' to individuals with hearing or speech 
disabilities in the United States. Section 225 defines TRS as 
telephone transmission services that make it possible for an 
individual with a hearing or speech disability to engage in 
communication by wire or radio with a hearing individual in a manner 
functionally equivalent to that available to persons who do not have 
such a disability. The rules provide minimal functional, 
operational, and technical standards for TRS programs. The rules 
give states a significant role in ensuring the availability of TRS 
by treating carriers as compliant with their statutory obligations 
if they operate in a state that has a relay program certified as 
compliant by the Commission. The rules also establish a cost 
recovery and a carrier contribution mechanism (TRS Fund) for the 
provision of interstate TRS and require states to establish cost 
recovery mechanisms for the provision of intrastate TRS.
    Need: Part 64, subpart F is intended to facilitate communication 
by persons with hearing or speech disabilities by ensuring that 
interstate and intrastate TRS are available throughout the country, 
and by ensuring uniform minimum functional, operational, and 
technical standards for TRS programs. The TRS rules ensure that 
individuals with hearing or speech disabilities receive the same 
quality of service when they make TRS calls, regardless of where 
their calls originate or terminate.
    Legal Basis: 47 U.S.C. 225.
    Section Number and Title:

64.604(a)(2) Operational Standards, Confidentiality and conversation 
content.
64.604(c)(ii) Jurisdictional separation of costs, Cost Recovery, 47 
CFR.
64.604(c)(iii) Jurisdictional separation of costs, TRS Fund.

Subpart K--Changes in Preferred Telecommunications Service 
Providers

    Brief Description: Part 64, subpart K implements section 258 of 
the Communications Act of 1934, as amended by the Telecommunications 
Act of 1996. This section provides the Commission authority to deter 
and punish ``slamming,'' the submission or execution of an 
unauthorized change in a subscriber's selection of a provider of 
telecommunications service. The rules prescribe verification 
procedures for telecommunications carriers to use in confirming 
subscribers' decisions to change telecommunications carriers. A 
carrier that fails to comply with the Commission's verification 
procedures is liable to the subscriber's authorized carrier for all 
amounts paid by the subscriber after the violation. The rules 
absolve subscribers of liability for charges billed by unauthorized 
carriers in certain cases, impose liability on unauthorized carriers 
for all charges collected from subscribers, and establish procedures 
to govern preferred carrier freezes.
    In 1992 the Commission first adopted rules requiring 
interexchange carriers to obtain verification from customers 
acquired through telemarketing before submitting a preferred 
interexchange carrier change order to a local exchange carrier 
(LEC). Verification could be in one of four allowable forms: (1) 
Written authorization; (2) electronic authorization, i.e., by 
placing a call to an 800 number established to obtain verification; 
(3) oral authorization taken by an independent third party; and (4) 
sending of a ``welcome package'' including a prepaid postcard usable 
to deny, cancel or confirm a change order. The Commission 
subsequently revised these rules, then numbered 47 CFR 64.1100 and 
now numbered 47 CFR 64.1100-64.1196, several times in response to 
consumer complaints and industry changes.
    In 1995, the Commission established requirements for the form 
and content of the written authorization or Letter of Agency (LOA) 
used to verify a change, and prohibited ``negative option'' LOAs 
that demanded an affirmative act by the customer to prevent a 
change. The Commission again revised the rules in 1999 in response 
to a provision of the Telecommunications Act of 1996 making it 
unlawful to ``submit or execute a change in a subscriber's selection 
of a provider of telephone exchange service or telephone toll 
service except in accordance with such verification procedures as 
the Commission shall prescribe.'' In addition to absolving 
subscribers from liability for certain slamming charges, the revised 
rules: (1) Extended the verification requirements to all 
telecommunications carriers; (2) toughened the LOA requirements and 
eliminated the ``welcome package''; (3) set rules for ``preferred 
carrier freezes'' requiring the customer to contact the LEC to 
consent to a change; and (4) allowed states to establish their own 
rules for intrastate presubscription. Many of these revised rules 
did not take effect until 2000 due to petitions for stay and waiver.
    In 2001, the Commission amended the rules to permit LOAs 
submitted via the internet, expanded registration requirements for 
interstate telecommunications carriers, and provided for a 
streamlined process in situations involving carrier-to-carrier sale 
or transfer of subscriber bases. Finally, in 2003 the Commission 
clarified that LECs executing carrier change requests can be held 
liable for unauthorized carrier changes to their affiliates, and 
modified the ``drop-off'' requirement to allow sales agents, in 
certain circumstances, to remain silently on the line during 
verification.
    Need: Part 64, subpart K attempts to eliminate the fraudulent 
practice of ``slamming,'' foster consumer choice, and facilitate 
competition in the market for telecommunications services. 
Establishing verification requirements, liability rules, and

[[Page 33422]]

complaint resolution procedures assists the Commission in preventing 
slamming.
    Legal Basis: 47 U.S.C. 258.
    Section Number and Title:

64.1100 Definitions.
64.1110 State notification of election to administer FCC rules.
64.1120 Verification of orders for telecommunications service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of unauthorized changes in 
preferred carrier.
64.1160 Absolution procedures where the subscriber has not paid 
charges.
64.1170 Reimbursement procedures where the subscriber has paid 
charges.
64.1190 Preferred carrier freezes.
64.1195 Registration requirement.

Subpart L--Restrictions on Telemarketing and Telephone Solicitation

    Brief Description: Part 64, subpart L implements Section 227 of 
the Communications Act of 1934 as amended. Section 227 codifies the 
Telephone Consumer Protection Act of 1991 (TCPA), which was enacted 
to address certain telemarketing practices thought to be an invasion 
of consumer privacy and a risk to public safety. The TCPA imposes 
restrictions on the use of automatic telephone dialing systems 
(autodialers), artificial or prerecorded messages, and telephone 
facsimile machines, and requires the Commission to adopt rules to 
implement these protections. Pursuant to the Commission's rules 
implementing the TCPA, a person or entity engaged in telemarketing 
is required to maintain a record of a called party's request not to 
receive future solicitations for a period of five years. 
Telemarketers must develop and maintain written policies for 
maintaining their lists, and they are required to inform their 
employees of the list's existence and train them to use the list. 
The rules prohibit telemarketers from calling residential telephone 
subscribers before 8 a.m. or after 9 p.m. and require telemarketers 
to identify themselves to called parties.
    The Commission first adopted rules to implement the TCPA in 
1992, and amended them in 1995 to prohibit telemarketers from 
providing a 900 number or any other number for which charges exceed 
local or long distance transmission charges for purposes of 
identification. In 2003, the Commission further amended the TCPA 
rules to establish, in conjunction with the FTC, a national Do-Not-
Call Registry (Registry) for consumers who wish to avoid 
telemarketing calls. The Registry is nationwide in scope, includes 
all telemarketers (with the exception of certain non-profit 
organizations) and covers both interstate and intrastate 
telemarketing calls. The Commission also adopted restrictions on the 
use of predictive dialers, and tightened existing rules on 
unsolicited faxes to require that companies obtain express 
permission in writing before sending unsolicited facsimile 
advertisements. Most recently, the Commission delayed the effective 
date of the written consent requirement for sending unsolicited 
facsimile advertisements until July 1, 2005, created a limited 
``safe harbor'' from liability for placing autodialed and 
prerecorded message calls when such calls are made to a wireless 
number ported from a wireline service within the previous 15 days, 
and required telemarketers to access the Do-Not-Call Registry and 
scrub their call lists every 31 days rather than every three months.
    Need: Part 64, subpart L is intended to protect subscriber 
privacy and public safety without unnecessarily restricting 
legitimate telephone marketing and sales.
    Legal Basis: 47 U.S.C. 227.
    Section Number and Title:

64.1200, generally, 64.1200(e)(2)(iv), (vi) and (f)(3)(iii) Delivery 
Restrictions.

    Brief Description: This rule imposes restrictions on the use of 
billing name and address information by telecommunications service 
providers and their authorized billing and collection agents. 
Section 64.1201 requires local exchange carriers (LECs) to provide 
interstate common carriers non-discriminatory access to the billing 
name and address (BNA) of LEC subscribers who use a LEC calling card 
or authorize collect and third party calls to pay for a carrier's 
services. The rule also includes safeguards protecting the privacy 
interests of end users.
    Need: The Commission adopted this rule to limit billing name and 
address disclosure to telecommunications service providers and to 
prohibit use of billing name and address information for purposes 
other than billing for telecommunications services. This rule is 
designed to protect the privacy of end users.
    Legal Basis: 47 U.S.C. 154, 201-205.
    Section Number and Title:

64.1201 Restrictions on billing name and address disclosure.

Subpart N--Expanded Interconnection

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

64.1401 Expanded Interconnection.

Subpart O--Interstate Pay-Per-Call and Other Information Services

    Brief Description: Part 64, subpart O implements section 228 of 
the Communications Act of 1934, as amended. Subpart O mandates that 
common carriers assigning telephone numbers to providers of 
interstate pay-per-call services require that the provider comply 
with the subpart O rules as well as certain other laws and 
regulations. Subpart O restricts the provision of pay-per-call 
services over 800 and ``toll free'' numbers and bars the provision 
of interstate pay-per-call services on a collect basis. It provides 
for 900 service access code assignment to pay-per-call services, and 
requires local exchange carriers to offer subscribers the option of 
blocking access to 900 numbers from their telephones. Subpart O 
establishes conditions for common carrier provision of billing and 
collection for pay-per-call services and bars the disconnection or 
interruption of local exchange or long-distance service for the non-
payment of charges for interstate pay-per-call and certain 
information services.
    In 1993, the Commission promulgated the pay-per-call rules 
summarized above to implement the Telephone Disclosure and Dispute 
Resolution Act and replace prior pay-per-call rules adopted in 1991. 
In 1996, the Commission amended the rules to incorporate expanded 
consumer protections enacted in the Telecommunications Act of 1996. 
These additional protections included a prohibition on charging 
callers for calls to toll-free numbers without a written 
presubscription agreement, a requirement for use of personal 
identification numbers to prevent unauthorized access, and certain 
required billing disclosures. The amended rules also permitted 
alternatives to written presubscription such as payment by prepaid 
account, debit, credit, charge, or calling card. In July 2004, the 
Commission released a Notice of Proposed Rulemaking seeking comment 
on possible modifications to address circumvention of the pay-per-
call rules.
    Need: Part 64, subpart O is intended both to promote the 
legitimate development of pay-per-call services and protect 
consumers from the fraudulent or unscrupulous provision of pay-per-
call services.
    Legal Basis: 47 U.S.C. 228.
    Section Number and Title:

64.1501 Definitions.
64.1502 Limitations on the provision of pay-per-call services.
64.1503 Termination of pay-per-call and other information programs.
64.1504 Restrictions on the use of toll-free numbers.
64.1505 Restrictions on collect telephone calls.
64.1506 Number designation.
64.1507 Prohibition on disconnection or interruption of service for 
failure to remit pay-per-call and similar service charges.
64.1508 Blocking access to 900 service.
64.1509 Disclosure and dissemination of pay-per-call information.
64.1510 Billing and collection of pay-per-call and similar service 
charges.
64.1511 Forgiveness of charges and refunds.
64.1512 Involuntary blocking of pay-per-call services.
64.1513 Verification of charitable status.
64.1514 Generation of signaling tones.
64.1515 Recovery of costs.

[[Page 33423]]

Subpart P--Calling Party Telephone Number; Privacy

    Brief Description: The requirements in part 64, subpart P are 
based on the Commission's authority under sections 1, 4, 201-205, 
and 218 of the Communications Act of 1934, as amended. Subpart P 
covers Calling Party Number (CPN) services, including ``Caller ID,'' 
which depend on capabilities that use out-of-band signaling 
techniques such as ``Signaling System Seven (SS7).'' Subpart P 
provides that common carriers using SS7 must, subject to certain 
exceptions, transmit the CPN associated with interstate calls to 
interconnecting carriers without additional charge. Originating 
carriers using SS7 must recognize *67 as a caller's request for 
privacy when dialed as the first three digits of an interstate call. 
Carriers providing line blocking services are required to recognize 
*82 as a caller's request that privacy not be provided and that the 
CPN be passed on an interstate call. Subpart P requires carriers to 
notify customers of their *67 and * 82 capabilities and restricts 
the use of telephone subscriber information. Finally subpart P 
restricts the reuse or sale of telephone numbers by subscribers to 
Automatic Number Identification (ANI) absent affirmative subscriber 
consent.
    The Commission adopted the CPN rules in 1994, but stayed the 
effective date of portions of the rules regarding CPN passage, 
privacy, and education in March 1995. In May 1995, the Commission 
amended the rules to resolve uncertainties regarding financial 
arrangements and varying state privacy rights, and to prescribe an 
education program to support consumer use of Caller ID services. In 
1997, the Commission amended the rules to exempt payphones from 
blocking and unblocking requirements, and to require private branch 
exchanges (PBXs) to provide blocking and unblocking if they passed 
CPN to the public switched network. In 2003, the Commission amended 
the rules to prohibit telemarketers from blocking Caller ID 
information.
    Need: The purpose of part 64, subpart P is to protect subscriber 
privacy while fostering the development of new and innovative 
services.
    Legal Basis: 47 U.S.C. 1, 4, 201-205, 218.
    Section Number and Title:

64.1600 Definitions.
64.1601 Delivery requirements and privacy restrictions.
64.1602 Restrictions on use and sale of telephone subscriber 
information provided pursuant to automatic number identification or 
charge number services.
64.1603 Customer notification.
64.1604 Effective date.

Part 65--Interstate Rate of Return Prescription Procedures and 
Methodologies

Subpart C--Exchange Carriers

    Brief Description: Part 65 sets forth procedures and 
methodologies for prescribing and enforcing the rate of return 
certain LECs may earn on interstate access service. These rules 
establish that the composite weighted average cost of capital is the 
sum of the cost of debt, the cost of preferred stock, and the cost 
of equity, each weighted by its proportion in the capital structure 
of the telephone companies, and the final determinations of the cost 
of equity, cost of debt, cost of preferred stock and their capital 
structure weights shall be accurate to two decimal places.
    Need: The continued use of the weighted average cost of capital 
calculation allows us to estimate the cost of capital for LEC 
interstate access service. Previous cost of capital calculations 
were required to be carried out to the eighth decimal place. We 
stated that this degree of specificity was unnecessary and concluded 
that cost of capital calculations need only be carried out to two 
decimal places.
    Legal Basis: 47 U.S.C. 151, 154, 201-205, 218-220, 403.
    Section Number and Title:

65.305 Calculation of the weighted average cost of capital.
65.306 Calculation accuracy.

Subpart F--Maximum Allowable Rates of Return

    Brief Description: This rule establishes that the maximum 
allowable rate of return for rates filed by LECs subject to 61.50 
shall be determined by adding a fixed increment of one and one-half 
percent to the carriers prescribed rate of return.
    Need: In designing an optional incentive-based regulatory system 
for the smaller carriers, we proposed to establish an earnings band 
similar to the price cap earnings band. In the Notice of Proposed 
Rulemaking (NPRM), the Commission proposed that incentive plan LECs 
be permitted to earn up to 1 percent (100 basis points) above the 
prescribed rate of return. In the final rule, to better balance the 
risks and rewards of the incentive plan, the Commission increased 
the permissible earnings zone for incentive plan carriers from a 100 
to a 150 basis point maximum.
    Legal Basis: 47 U.S.C. 51, 154, 201-205, 218-220, 403.
    Section Number and Title:

65.700(c) Determining the maximum allowable rate of return.

Part 68--Connection of Terminal Equipment to the Telephone Network

Subpart A--General

    Brief Description: Part 68 implements the Hearing Aid 
Compatibility Act of 1988 (HAC Act). The HAC Act requires that, 
unless exempt, all essential telephones and all telephones 
manufactured in or imported into the United States after August 16, 
1989 must ``provide internal means for effective use with hearing 
aids that are designed to be compatible with telephones which meet 
established technical standards for hearing aid compatibility.'' The 
scope of this discussion is limited to part 68 as it applies to 
telephone compatibility with hearing aids.
    Need: Part 68 establishes conditions for direct connection to 
the network of registered terminal equipment to prevent network harm 
and ensure that telephones are compatible with hearing aids. The 
purpose of part 68 is, in part, to provide for uniform standards for 
the compatibility of hearing aids and telephones to ensure that 
persons with hearing aids have reasonable access to the telephone 
network.
    Legal Basis: 47 U.S.C. 151-154, 201-205, 303(r), 610.
    Section Number and Title:

68.3 Definitions.

Subpart D--Conditions for Terminal Equipment Approval

    Brief Description: Among its many provisions, part 68 includes 
certain requirements for terminal equipment which implement the 
Telephone Consumer Protection Act of 1991 (TCPA). Congress enacted 
the TCPA in an effort to address telephone marketing calls and 
certain telemarketing practices thought to be an invasion of 
consumer privacy and a risk to public safety. The TCPA imposes, 
among other things, certain restrictions on the use of automatic 
dialing machines and the use of telephone facsimile machines to send 
unsolicited advertisements. These restrictions include a requirement 
that addresses line seizure by automatic telephone dialing systems 
and a requirement that all facsimile transmissions include source 
labeling (47 CFR 68.318(c) and 68.318(d) respectively).
    In 1995, the Commission amended Sec.  68.318(c) to prohibit 
senders of unsolicited facsimiles from providing a 900 number or any 
other number for which charges exceed local or long distance 
transmission charges for purposes of identification. In 1997, the 
Commission redesignated Sec.  68.318(c) as Sec.  68.318(d), and 
added a new Sec.  68.318(c) restricting the use of automatic 
dialers. In 2003, the Commission amended Sec.  68.318(d) to require 
a facsimile broadcaster with a high degree of involvement in a 
sender's facsimile message to provide on the facsimile the name 
under which it is registered to conduct business with the State 
Corporation Commission or comparable regulatory authority.
    Need: The purpose of Sec. Sec.  68.318(c) and 68.318(d) is to 
implement the TCPA to address telephone marketing calls and certain 
telemarketing practices related to the sending of unsolicited 
facsimile advertisements thought to be an invasion of consumer 
privacy and a risk to public safety.
    Legal Basis: 47 U.S.C. 227.
    Section Number and Title:

68.318(c)-(d) Additional limitations.

Part 69--Access Charges

Subpart A--General

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201 and 202 of the Communications Act of 
1934, as amended, and protect consumers by preventing the exercise 
of market power by incumbent local exchange carriers by ensuring 
that rates are just, reasonable, and not unjustly or unreasonably 
discriminatory. These rules also provide definitions for terms used 
in rules.
    Need: Sections 69.2(uu) and (vv) define the terms ``price cap 
regulation'' and ``signalling for tandem switching'' and are 
essential for the implementation and understanding of other rule 
sections. Section 69.4(b)(9) was added to help correct the 
misallocation of

[[Page 33424]]

general support facility investment and related expenses among the 
part 69 cost categories for local exchange carriers.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403.
    Section Number and Title:

69.2 Definitions.
69.4 Charges to be filed.

Subpart B--Computation of Charges

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201 and 202 of the Communications Act of 
1934, as amended, and protect consumers by preventing the exercise 
of market power by incumbent LECs by ensuring that rates are just, 
reasonable, and not unjustly or unreasonably discriminatory.
    Need: Sections 69.110(f)-(h) were adopted to allow telephone 
companies to offer term and volume discounts for entrance facilities 
charges after certain conditions are met. Sections 69.111(i)-(k) 
were adopted to grant LECs additional flexibility in the form of 
density zone pricing, and volume and term discounts. Section 
69.112(e) was adopted to provide LECs that did not have DS3 or DS1 
special access rates in effect a means to determine appropriate 
rates. Sections 69.112(f)-(h) were adopted to allow telephone 
companies to offer term and volume discounts in direct-trunked 
transport charges after meeting certain conditions. Section 
69.123(d) was adopted to grant LECs additional flexibility in the 
form of density zone pricing, and volume and term discounts. Section 
69.128 enables telecommunications service providers without billing 
and collection agreements with LECs to perform their own billing and 
collection, thus improving competition in the market for billing and 
collection services. Section 69.129 was adopted to enable interested 
third parties, including competitive access providers, interexchange 
carriers (IXCs), and end users to carry traffic of multiple IXCs 
from local exchange carrier end offices to their own tandems, switch 
traffic at that point, and deliver the traffic to the appropriate 
IXC.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403.
    Section Number and Title:

69.110 Entrance facilities.
69.111 Tandem-switched transport and tandem charge.
69.112 Direct-trunked transport.
69.123 Density pricing zones for special access and switched 
transport.
69.128 Billing name and address.
69.129 Signalling for tandem switching.

Subpart D--Apportionment of Net Investment

    Brief Description: The part 69 rules are designed to implement 
the provisions of sections 201 and 202 of the Communications Act of 
1934, as amended and protect consumers by preventing the exercise of 
market power by incumbent local exchange carries by ensuring that 
rates are just, reasonable, and not unjustly or unreasonably 
discriminatory.
    Need: Section 69.307(b) was adopted to enable telecommunications 
service providers without billing and collection agreements with 
local exchange carriers to perform their own billing and collection, 
thus improving competition in the market for billing and collection 
services.
    Legal Basis: 47 U.S.C. 154, 220.
    Section Number and Title:

69.307(b) General support facilities.

Subpart E--Apportionment of Expenses

    Brief Description: The part 69 rules are designed to implement 
the provisions of Sections 201 and 202 of the Communications Act and 
protect consumers by preventing the exercise of market power by 
incumbent local exchange carriers by ensuring that rates are just, 
reasonable, and not unjustly or unreasonably discriminatory.
    Need: Section 69.407(c) was adopted to assign a portion of 
Customer Operations Expense to the Billing Name and Address rate 
element.
    Legal Basis: 47 U.S.C. 154, 220.
    Section Number and Title:

69.407(c) Revenue accounting expenses in Account 6620.

Subpart G--Exchange Carrier Association

    Brief Description: The part 69 rules also provide for the 
establishment and operation of the National Exchange Carrier 
Association (NECA), which files tariffs on behalf of many of the 
smaller, rate-of-return local exchange carriers.
    Need: Section 69.601(c) was adopted to ensure that data provided 
by the member telephone companies to NECA are complete, accurate, 
and consistent with FCC rules.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403.
    Section Number and Title:

69.601(c) Exchange carrier association.

Part 73--Radio Broadcast Services

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: These rules describe authority to rebroadcast 
emergency communications and priority for EAS broadcasts at the 
national level.
    Need: In setting priority for national EAS messaging and 
allowing for rebroadcast of emergency communications, these rules 
facilitate the EAS process.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:

73.1207 Rebroadcasts.
73.1250 Broadcasting emergency information.

    Brief Description: These rules provide compliance and 
authorization provisions for all broadcast services.
    Need: These rules prescribe common operating procedures for all 
broadcast services.
    Legal Basis: 47 U.S.C. 154, 303 and 304.
    Section Number and Title:

73.1300 Unattended station operation.
73.1350 Transmission system operation.

    Brief Description: Under section 73.3545 of the Commission's 
rules and section 325(c) the Communications Act of 1934, as amended, 
FCC Form 308 is used to apply for authority to locate, use, or 
maintain a studio in the United States for the purpose of supplying 
program material to a foreign radio or TV broadcast station, whose 
signals are consistently received in the United States, or for 
extension of existing authority. An informal application for a 
permit of this nature may also be used by applicants holding an AM, 
FM or TV broadcast station license or construction permit, so long 
as applications contain a description of the nature and character of 
the programming proposed, the applicant's ownership, and an 
explanation of the legal relationship between the applicant and 
foreign station(s) involved.
    Need: Protects domestic broadcasters from interference from 
foreign station (i.e., TV, AM and FM).
    Legal Basis: 47 U.S.C. 325.
    Section Number and Title:

73.3545 Application for permit to deliver programs to foreign 
stations.

Part 76--Multichannel Video and Cable Television Service

Subpart D--Carriage of Television Broadcast Signals

    Brief Description: These rules provide for the carriage of 
television broadcast signals on cable television systems.
    Need: These rules implement sections 4 and 5 of the Cable 
Television Consumer Protection and Competition Act of 1992.
    Legal Basis: 47 U.S.C. 154(i), 154(j), and 303.
    Section Number and Title:

76.55 Definitions applicable to the must-carry rules.
76.56 Signal carriage obligations.
76.57 Channel positioning.
76.59 Modification of television markets.
76.61 Disputes concerning carriage.
76.62 Manner of carriage.
76.64 Retransmission consent.

Subpart H--General Operating Requirements

    Brief Description: These rules prescribe customer service 
standards for cable operators.
    Need: These rules implement section 8 of the Cable Television 
Consumer Protection and Competition Act of 1992.
    Legal Basis: 47 U.S.C. 154(i), 154(j), and 303.
    Section Number and Title:

76.309 Customer service obligations.

Subpart J--Ownership of Cable Systems

    Brief Description: These rules restrict the ownership interests 
of cable operators and their ability to own or control video 
programming services.
    Need: These rules provide for diversity in the ownership of 
cable television systems and video programming providers.
    Legal Basis: 47 U.S.C. 154(i), 154(j), and 303(r).
    Section Number and Title:

76.501 Cross-ownership.
76.502 Time limits applicable to franchise authority consideration 
of transfer applications.
76.503 National subscriber limits.
76.504 Limits on carriage of vertically integrated programming.

[[Page 33425]]

Subpart M--Cable Inside Wiring

    Brief Description: These rules allow subscribers the opportunity 
to acquire cable home wiring upon voluntary termination of service 
in order to use it for alternative providers and to avoid the 
disruption of having the wiring removed.
    Need: These rules are required by section 16(d) of the Cable 
Television Consumer Protection and Competition Act of 1992.
    Legal Basis: 47 U.S.C. 154(i), 154(j), and 303(r).
    Section Number and Title:

76.801 Scope.

Subpart N--Cable Rate Regulation

    Brief Description: These rules provides for regulation of cable 
rates by local franchising authorities and the Commission.
    Need: The rules ensure that subscribers pay reasonable rates for 
regulated cable services with minimum regulatory and administrative 
burden on cable entities.
    Legal Basis: 47 U.S.C. 154(j), 303(r), 532, 542(c), and 543.
    Section Number and Title:

76.901 Definitions.
76.905 Standards for identification of cable systems subject to 
effective competition.
76.906 Presumption of no effective competition.
76.907 Petition for a determination of effective competition.
76.910 Franchising authority certification.
76.911 Petition for reconsideration of certification.
76.912 Joint certification.
76.913 Assumption of jurisdiction by the Commission.
76.914 Revocation of certification.
76.916 Petition for recertification.
76.917 Notification of certification withdrawal.
76.920--Composition of the basic tier.
76.921--Buy-through of other tiers prohibited.
76.922--Rates for the basic service tier and cable programming 
services tiers.
76.923--Rates for equipment and installation used to receive the 
basic service tier.
76.924--Allocation to service cost categories.
76.925--Costs of franchise requirements.
76.930--Initiation of review of basic cable service and equipment 
rates.
76.933--Franchising authority review of basic cable rates and 
equipment costs.
76.934--Small systems and small cable companies.
76.935--Participation of interested parties.
76.936--Written decision.
76.937--Burden of proof.
76.938--Proprietary information.
76.939--Truthful written statements and responses to requests of 
franchising authority.
76.940--Prospective rate reduction.
76.941--Rate prescription.
76.942--Refunds.
76.943--Fines.
76.944--Commission review of franchising authority decisions on 
rates for the basic service tier and associated equipment.
76.945--Procedures for Commission review of basic service rates.
76.946--Advertising of rates.
76.950--Complaints regarding cable programming service rates.
76.951--Standard complaint form; other filing requirements.
76.952--Information to be provided by cable operator on monthly 
subscriber bills.
76.953--Limitation on filing a complaint.
76.954--Initial review of complaint; minimum showing requirement; 
dismissal of defective complaints.
76.955--Additional opportunity to file corrected complaint.
76.956--Cable operator response.
76.957--Commission adjudication of the complaint.
76.960--Prospective rate reductions.
76.961--Refunds.
76.962--Implementation and certification of compliance.
76.963--Forfeiture.
76.970--Commercial leased access rates.
76.971--Commercial leased access terms and conditions.
76.975--Commercial leased access dispute resolution.
76.977--Minority and educational programming used in lieu of 
designated commercial leased access capacity.
76.980--Charges for customer changes.
76.981--Negative option billing.
76.982--Continuation of rate agreements.
76.983--Discrimination.
76.984--Geographically uniform rate structure.
76.985--Subscriber bill itemization.
76.986--``A la carte'' offerings.
76.987--New product tiers.
76.990--Small cable operators.

Subpart O--Competitive Access to Cable Programming

    Brief Description: These rules prescribe regulations that govern 
the access by competing multichannel video programming distributors 
to satellite cable and satellite broadcast programming.
    Need: These rules implement section 19 of the Cable Television 
Consumer Protection and Competition Act of 1992, which adds section 
628 to the Communications Act of 1934.
    Legal Basis: 47 U.S.C. 152(a), 154(i), and 303(r).
    Section Number and Title:

76.1000 Definitions.
76.1001 Unfair practices generally.
76.1002 Specific unfair practices prohibited.
76.1003 Program access proceedings.

Subpart Q--Regulation of Carriage Agreements

    Brief Description: These rules govern agreements between 
multichannel video programming distributors and video programming 
vendors.
    Need: These rules implement section 12 of the Cable Television 
Consumer Protection and Competition Act of 1992, which adds a new 
section 616 to the Communications Act of 1934.
    Legal Basis: 47 U.S.C. 152(a), 154(i), and 303(r).
    Section Number and Title:

76.1300 Definitions.
76.1301 Prohibited practices.
76.1302 Carriage agreement proceedings.

Part 87--Aviation Services

Subpart F--Aircraft Stations

    Brief Description: This part states the conditions under which 
radio stations may be licensed and used in the aviation services. 
Subpart F sets forth, among other things, the requirements for 
emergency locator transmitters (ELTs) that operate in the 406.0-
406.1 MHz band. An ELT is a transmitter of an aircraft or a survival 
craft actuated manually or automatically that is used as an alerting 
and locating aid for survival purposes.
    Need: The specification of technical requirements for 406.0-
406.1 MHz ELTs is intended to ensure that these devices, which are 
vital to aviation safety, perform effectively and reliably in 
transmitting information to search and rescue personnel in the event 
of an emergency.
    Legal Basis: 47 U.S.C. 154, 303 and 307(e).
    Section Number and Title:

87.199 Special requirements for 406.0-406.1 MHz ELTs.

Part 90--Private Land Mobile Radio Services

Subpart G--Applications and Authorizations

    Brief Description: The part 90 rules state the conditions under 
which radio communications systems may be licensed and used in the 
Public Safety, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart G governs the application procedures and 
terms of authorizations in these services.
    Need: The identified rule is necessary to ensure that certain 
part 90 licensees have in place an effective equal employment 
opportunity program and do not discriminate against qualified 
persons in employment because of sex, race, color, religion, or 
national origin.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.168 Equal employment opportunities.

Subpart I--General Technical Standards

    Brief Description: The part 90 rules state the conditions under 
which radio communications systems may be licensed and used in the 
Public Safety, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart I sets forth the general technical 
requirements for use of frequencies and equipment in the radio 
services governed by part 90.
    Need: Technical standards are needed for part 90 equipment in 
part to ensure that part 90 devices are interoperable and do not 
cause harmful interference to other authorized communications.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.210 Emission masks.
90.214 Transient frequency behavior.

Subpart M--Intelligent Transportation Systems Radio Service

    Brief Description: The part 90 rules state the conditions under 
which radio

[[Page 33426]]

communications systems may be licensed and used in the Public 
Safety, Industrial/Business Radio Pool, and Radiolocation Radio 
Services. Subpart M provides rules specific to the Intelligent 
Transportation Systems Radio Service.
    Need: These rules provide a regulatory framework for the 
Intelligent Transportation Systems radio service, which was 
established for the purpose of integrating radio-based technologies 
into the nation's transportation infrastructure and to develop and 
implement the nation's intelligent transportation systems. Rules as 
to eligibility for licensing, frequencies available, and any special 
requirements for services in the Intelligent Transportation Systems 
Radio Service are set forth in this subpart.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.350 Scope.
90.351 Location and Monitoring Service.
90.353 LMS Operations in the 902-928 MHz band.
90.355 LMS Operations below 512 MHz.
90.357 Frequencies for LMS systems in the 902-928 MHz band.
90.359 Field Strength Limits for MTA-licensed LMS systems.
90.361 Interference from part 15 devices [now titled, ``Interference 
from part 15 and Amateur operations.'']
90.363 Grandfathering provisions for existing AVM Licensees.

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

    Brief Description: The part 90 rules state the conditions under 
which radio communications systems may be licensed and used in the 
Public Safety, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart S sets forth the rules governing the 
licensing and operations of all systems operating in the 806-824/
851-869 MHz and 896-901/935-940 MHz bands. It includes eligibility 
requirements, and operational and technical standards for stations 
licensed in these bands.
    Need: Among other things, these rules establish requirements for 
Specialized Mobile Radio (SMR) licensees with MTA-based service 
areas to ensure that such licensees construct the authorized 
facilities in a timely manner, provide substantial service within 
their service areas, and do not cause harmful interference to site-
based incumbent SMR licensees or other entities.
    Legal Basis: 47 U.S.C. 54(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.663 MTA-based SMR system operations.
90.665 Authorization, construction and implementation of MTA 
licenses.
90.669 Emission limits.
90.671 Field strength limits.

Part 101--Fixed Microwave Services

Subpart C--Technical Standards

    Brief Description: The part 101 Rules prescribe the manner in 
which portions of the radio spectrum may be made available for 
private operational, common carrier, 24 GHz Service and Local 
Multipoint Distribution Service fixed, microwave operations that 
require transmitting facilities on land or in specified offshore 
coastal areas within the continental shelf. Subpart C governs the 
technical requirements set forth for these services.
    Need: The identified rule is necessary to promote efficient 
utilization of the spectrum used for fixed microwave services.
    Legal Basis: 47 U.S.C. 154, 303.
    Section Number and Title:

101.139(f) (adopted as 21.120(e)(1993)) Authorization of 
transmitters.

[FR Doc. 05-11170 Filed 6-7-05; 8:45 am]
BILLING CODE 6712-01-P