[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Rules and Regulations]
[Pages 38793-38794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13727]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[RM No. 11355; FCC 07-103]


Cellular Radiotelephone Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission denies a petition for 
rulemaking seeking a two-year extension, until February 18, 2010, of 
the requirement that all cellular licensees provide analog service to 
subscribers and roamers whose equipment conforms to the Advanced Mobile 
Phone Service standard. It also adopts related measures to ensure the 
continuity of wireless coverage to affected consumers following sunset 
of the analog service requirement and to ensure that interested parties 
are fully informed of the sunset.

DATES: Effective June 15, 2007, except for the implementation of new 
reporting and recordkeeping requirements imposed by this action pending 
approval by the Office of Management and Budget.

FOR FURTHER INFORMATION CONTACT: Richard Arsenault, Wireless 
Telecommunications Bureau at (202) 418-0920, TTY (202) 418-7233, or via 
the Internet at [email protected]; for additional information 
concerning the information collections contained in this document, 
contact Judith Boley-Herman at (202) 418-0214, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, in RM No. 11355; FCC 07-103, adopted May 
25, 2007, and released June 15, 2007. The complete text of this 
document is available for inspection and copying during normal business 
hours in the FCC's Reference Information Center, 445 12th Street SW., 
Room CY-A257, Washington, DC. Alternative formats (Braille, large 
print, electronic files, audio format) are available for people with 
disabilities by sending an e-mail to [email protected] or, calling the 
Consumer and Government Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (TTY). The Order also may be downloaded from the Commission's 
Web site at http://www.fcc.gov/.
    1. In this Memorandum Opinion and Order the Commission denies a 
Petition for Rulemaking filed by the Alarm Industry Communications 
Committee (AICC) and ADT Security Services, Inc. (ADT), seeking a two-
year extension, until February 18, 2010, of the requirement that all 
cellular licensees provide analog service to subscribers and roamers 
whose equipment conforms to the Advanced Mobile Phone Service (AMPS) 
standard. This requirement will sunset on February 18, 2008 (the 
``analog sunset date''), but cellular licensees may continue to provide 
AMPS-compatible service after that date. The Commission finds that the 
alarm industry has sufficient time and equipment to replace all analog 
alarm radios that are used as a primary communications path before the 
analog sunset date and that the public interest would not be served by 
extending the analog service requirement beyond February 18, 2008. The 
overall effect of

[[Page 38794]]

this action is to further the public interest by maintaining, and 
ensuring a smooth transition to, the scheduled analog sunset date for 
the public. The Commission received and considered over 70 comments on 
the Petition for Rulemaking in this proceeding.
    2. The Commission also takes three related actions to ensure the 
continuity of wireless coverage to affected consumers following sunset 
of the analog service requirement and to ensure that interested parties 
are fully informed of the sunset. First, it requires all cellular 
licensees to notify any remaining analog service subscribers of the 
analog sunset. At a minimum, licensees must notify each analog-only 
subscriber individually of their intention to discontinue analog 
service at least four months before such discontinuance, and a second 
time, at least 30 days before such discontinuance. Second, in order to 
reduce the financial, administrative, and technical burdens that would 
be associated with filing a revised Cellular Geographic Service Area 
(CGSA) determination with the Commission when a carrier decommissions 
analog service in a CGSA, it permits licensees, in lieu of making a 
revised CGSA showing, to certify that the discontinuance of AMPS 
service will not result in any loss of wireless coverage throughout the 
carrier's CGSA. If a licensee cannot so certify, it must file a revised 
determination, and any area no longer covered by a CGSA would be 
forfeited and available for immediate reassignment by the Commission 
under its cellular unserved area rules. Third, it directs the 
Commission's Consumer and Governmental Affairs Bureau, in conjunction 
with the Wireless Telecommunications Bureau, to initiate a public 
outreach campaign to ensure that consumers, public safety groups, and 
other interested parties are aware of, and prepared for, the analog 
sunset in February 2008.

I. Procedural Matters

A. Paperwork Reduction Act

    3. This document contains new information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. Specifically, it requires all cellular radiotelephone service 
licensees to notify each analog-only subscriber individually of their 
intention to discontinue analog service at least four months before 
such discontinuance (by a billing insert, for example), and again, at 
least 30 days before such discontinuance (by separate letter or direct 
customer contact, for example). The Commission, as part of its 
continuing efforts to reduce paperwork burdens, invites the general 
public, the Office of Management and Budget (OMB) and other Federal 
agencies to comment on the information collection requirements 
contained in this Memorandum Opinion and Order, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due September 14, 2007. 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.'' We do not believe that the information 
collection burdens herein will affect a significant number of small 
businesses as defined in the SBPRA.
    OMB Control Number: 3060-xxxx.
    Title: Sunset of the Cellular Radiotelephone Service Analog Service 
Requirement and Related Matters.
    Type of Review: New collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 452.
    Estimated Time Per Response: 12 hours.
    Frequency of Response: Twice.
    Obligation to Respond: Mandatory.
    Total Annual Burden: 10,848 hours.
    Total Annual Costs: $None.
    Privacy Act Impact Assessment: None.
    Nature and Extent of Confidentiality: None.
    Needs and Uses: The third-party consumer notices will ensure that 
remaining analog-only cellular service subscribers are adequately 
notified of the potential loss of analog service and the need to make 
alternative service arrangements.

B. Report to Congress

    4. The Commission will send a copy of the Memorandum Opinion and 
Order in a report to be sent to Congress and the Congressional Budget 
Office pursuant to the Congressional Review Act.

C. Ordering Clauses

    Pursuant to sections 1, 2, 4(i), 4(j) and 309 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j) and 309, 
and Sec. Sec.  1.403 and 22.901 of the Commission's rules, the Petition 
for Rulemaking filed by the Alarm Industry Communications Committee and 
ADT Security Services, Inc. on November 30, 2006, is denied.
    Pursuant to sections 4(i), 201, and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 201, and 303(r); and section 
5(d) of the Administrative Procedure Act, 5 U.S.C. 554(e), each 
cellular radiotelephone service licensee must notify each analog-only 
subscriber individually of their intention to discontinue Advanced 
Mobile Phone Service (AMPS) compatible analog service at least four 
months before such discontinuance, and a second time, at least 30 days 
before such discontinuance.
    Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and sections 
0.131, 0.201 and 0.331 of the Commission's rules, the Consumer and 
Governmental Affairs Bureau, in conjunction with the Wireless 
Telecommunications Bureau, shall commence a public outreach campaign to 
ensure public awareness of the sunset of the analog service 
requirement.

List of Subjects in 47 CFR Part 22

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E7-13727 Filed 7-13-07; 8:45 am]
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