[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Proposed Rules]
[Pages 56620-56621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19160]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 23

[IB Docket No. 05-216; FCC 05-130]


Elimination of Part 23 of the Commission's Rules and Spectrum 
Usage by Satellite Network Earth Stations and Space Stations

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Communications Commission (FCC) proposed to 
eliminate part 23 of the Commission's rules, governing International 
Fixed Public Radiocommunication Services (IFPRS). We instead propose to 
regulate IFPRS services pursuant to part 101, which includes rules 
applicable to other fixed services. This should simplify the 
Commission's rules and eliminate necessary burdens on IFPRS licenses.

DATES: Comments are due on or before October 28, 2005 and reply 
comments are due on or before November 14, 2005.

ADDRESSES: You may submit comment, identified by [docket number and/or 
rulemaking number], by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     People with Disabilities: 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.
    For detail instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth (202) 418-1539, 
Satellite Division, International Bureau, Federal Communications 
Commission, Washington, DC 20554. For additional information concerning 
the information collection(s) contained in this document, contact 
Judith B. Herman at 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in IB Docket No. 05-216, adopted June 20, 
2005 and released on June 24, 2005. The full text of the Notice of 
Proposed Rulemaking is available for public inspection and copying 
during regular business hours at the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
This document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, 
facsimile 202-488-5563, or via e-mail [email protected].
    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. Public and agency comments 
are due November 28, 2005. Comments should address; (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''

Summary of Notice of Proposed Rulemaking

A. Elimination of Part 23

    1. At this time, we initiate a new proceeding to propose 
eliminating part 23 completely and applying the requirements of part 
101 of the Commission's rules to IFPRS services. Part 101 establishes 
procedures for many terrestrial fixed services other than IFPRS. The 
Commission created part 101 in 1996, to replace parts 21 and 94 of the 
Commission's rules. Eliminating part 23 of the Commission's rules and 
including IFPRS services in the part 101 framework might serve the same 
purposes. In addition, eliminating distinctions in regulation between 
international and domestic fixed public radio services would be 
consistent with the Commission's elimination of such distinctions in 
fixed satellite service regulations.
    2. Specifically, we proposed allowing future IFPRS licensees to 
apply for a license pursuant to the rules in part 1, subpart F, 
``Wireless Telecommunications Services Applications and Proceedings.'' 
In addition, we invite comments on revising Sec.  101.147 of the 
Commission's rules to require any future IFPRS licenses to operate in 
the 3700-4200 MHz and the 10,700-11,700 MHz bands. These bands are 
available for fixed microwave services, and are currently shared with 
IFPRS. The 2110-2130 MHz and 2160-2180 MHz bands are also currently 
assigned to fixed microwave services and shared with IFPRS, but we 
proposed eliminating the assignment of these bands to IFPRS in part 101 
of the Commissions' rules because these bands are in the process of a 
transition to a reassignment to emerging technology (ET). Together with 
these revisions to part 101 of the Commission's rules, we also propose 
revising the Table of Frequency of Allocation to eliminate reference to 
part 23 in Column 6 and to

[[Page 56621]]

revise footnote NG41 to reflect the decision we make this proceeding.
    3. Moreover, we seek comment on applying the requirements of part 
101, subpart C, ``Technical Standards,'' to IFPRS licensees to the 
extent that those requirements apply to the frequency bands in which 
they are authorized to operate. We also prose applying part 101, 
subpart I, ``Common Carrier Fixed Point-to-Point Microwave Service,'' 
and subpart E, ``Miscellaneous Common Carrier Provisions,'' to IFPRS 
licensees. Finally, we request comments to propose any revision to part 
101 they believe may be necessary to include IFPRS among the service 
subject to part 101, in the event that we decide to eliminate part 23.

B. Transition

    4. One of the three IFPRS licensees operating in 2000, Interisland, 
has since stopped providing IFPRS service. Only AT&T of the Virgin 
Island (AT&T) and Broadcast Media Satellite, Inc. (BMS) remain in 
operation. AT&T is licensed to transmit at 6256.54 and 6375.14 MHz, and 
to receive at 5974.85 and 6093.45 MHz. BMS is licensed to transmit at 
6695 and 6226.89 MHz, and receive at 6855 and 6004.5 MHz. The AT&T and 
BMS licenses are scheduled to expire on December 1, 2008 and December 
1, 2009, respectively.
    5. Abruptly requiring AT&T and BMS to comply with part 101 of the 
Commission's rules requirement might be disruptive to them and their 
customers. Therefore, we seek comment on whether to adopt transition 
provisions for these licensees. Specifically, we propose allowing these 
licensees to continue operating pursuant to part 23 of the Commission's 
rules until the date that their licensees are schedule to expire. At 
that time, we propose permitting AT&T and BMD to apply for a fixed 
point-to-point microwave license pursuant to the relevant provisions of 
parts 1 and 101 of the Commission's rules. If either licensee chooses 
to apply for such a fixed point-to-point microwave license, we proposed 
grandfathering their use of the frequency band on which they are 
currently operating. We seek comment on considering any such 
application under the rules applicable to microwave renewal 
applications, but only if the licensee applies to continue its use of 
the frequency bands it is licensed to use now. Finally, we propose 
limiting this transition to AT7T and BMS, or their successors in 
interest. In the event that may other IFPRM operator is licensed under 
part 23 of the Commission's rules before this rulemaking is completed, 
that operate is on notice that we are considering applying part 101 
requirements to IFPRS, and should be prepared to comply with those 
requirements immediately, should we decide to eliminate part 23.

Procedural Matters

    6. Initial Regulatory Flexibility Certification. The Regulatory 
Flexibility Act of 1980, as amended (RFA) requires that a regulatory 
flexibility analysis be prepared for rulemaking proceedings, unless the 
agency certifies that ``the rule will not have a significant economic 
impact on a substantial number of small entities.'' The RFA generally 
defines ``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).
    7. In this Notice of Proposed Rulemaking, the Commission proposes 
to eliminate part 23 of the Commission's rules, and apply the rules in 
part 101 to the IFPRS licensees currently subject to part 23. We expect 
that the change from the licensing procedure in part 101 of the 
Commission's rules to the licensing procedure in part 23 of the 
Commission's rules would have little effect from IFPRS licensees' 
perspective. Furthermore, the Commission proposes grandfathering 
measures to lessen any impact that current part 23 licensees might 
otherwise experience as a result of the application of part 101 of the 
Commission's rules. Therefore, we certify that the requirements of this 
Notice of Proposed Rulemaking, if adopted, will not have a significant 
economic impact on a substantial number of small entities. The 
Commission will send a copy of the Notice of Proposed Rulemaking, 
including a copy of this certification, in a report to Congress 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In 
addition, the Notice of Proposed Rulemaking and this certification will 
be sent to the Chief Counsel for Advocacy of the Small Business 
Administration, and will be published in the Federal Register. See 5 
U.S.C. 605(b).

Ordering Clauses

    8. Accordingly, it is pursuant to section 1, 4(i), 4(j), 7(a), 301, 
303(c), 303(f), 303(g), 303(r), 303(y), and 308 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 157(a), 301, 
303(c), 303(f), 303(g), 303(r), 303(y), and 308, that is Notice of 
Proposed Rulemaking in IB Docket No. 05-216 is hereby adopted.
    9. It is furthered ordered that the Consumer Information Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-19160 Filed 9-27-05; 8:45 am]
BILLING CODE 6712-01-P