[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Proposed Rules]
[Pages 32093-32102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15928]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[DA 09-1307]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations; 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 
year 2008, 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change, amended, or rescinded in order to minimize any significant 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 8, 2009.

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

FOR FURTHER INFORMATION CONTACT: Sharon K. Stewart, Special Assistant 
to the Director, Office of Communications Business Opportunities 
(OCBO), 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.

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.
    CB Docket No. 09-102.

Released: June 24, 2009

    1. Pursuant to the Regulatory Flexibility Act (RFA), see 5 U.S.C. 
section 610, the FCC hereby publishes a plan for the review of rules 
adopted by the agency in calendar year 1998 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 in a manner 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 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

[[Page 32094]]

will be considered by the FCC before final action is taken in this 
proceeding.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (``ECFS'') or by filing paper copies. Comments filed 
through the ECFS may be sent as an electronic file via the Internet to 
http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic 
submission must be filed. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number.
    Parties may also submit an electronic comment by Internet e-mail. 
To obtain filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message: ``get form.'' A sample form and directions 
will be sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002.
    The filing hours at this location are 8 a.m. to 7 p.m.
    All hand deliveries must be held together with rubber bands or 
fasteners.
     Any envelopes must be disposed of before entering the 
building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
DC 20554.
     All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    Comments in this proceeding will be 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. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300 or 800-
378-3160, facsimile 202-488-5563, or via e-mail at [email protected]. To 
request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an e-mail 
to [email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    For additional information on the requirements of the RFA, the 
public may contact Eric Malinen, Attorney Advisor, Office of 
Communications Business Opportunities, 202-418-0990 or visit http://www.fcc.gov/ocbo.

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

Appendix

    List of rules for review pursuant to the Regulatory Flexibility Act 
of 1980, 5 U.S.C. 610, for the ten-year period beginning in the year 
1998 and ending in the year 2008. All listed rules are in Title 47 of 
the Code of Federal Regulations.

Part 1--Practice and Procedure

Subpart F--Wireless Radio Services Applications and Proceedings

    Brief Description: Part 1 contains rules pertaining to Commission 
practices and procedures. Subpart F sets forth the rules governing the 
authorization and licensing of Wireless Radio Services.
    Need: These rules are needed to set forth the general application 
process and licensing rules for the Wireless Radio Services, including 
requirements concerning specific forms, electronic filing, application 
content, ownership information, waivers, and public notice.
    Legal Basis: 47 U.S.C. 154, 161, 303 and 332.
    Section Number and Title:

1.901 Basis and purpose.
1.902 Scope.
1.903 Authorization required.
1.907 Definitions.
1.911 Station files.
1.913 Application and notification forms; electronic and manual 
filing.
1.915 General application requirements.
1.917 Who may sign applications.
1.919 Ownership information.
1.923 Content of applications.
1.924 Quiet zones.
1.925 Waivers.
1.926 Application processing; initial procedures.
1.927 Amendment of applications.
1.929 Classification of filings as major or minor.
1.931 Application for special temporary authority.
1.933 Public notices.
1.934 Defective applications and dismissal.
1.935 Agreements to dismiss applications, amendments or pleadings.
1.937 Repetitious or conflicting applications.
1.939 Petitions to deny.
1.945 License grants.
1.946 Construction and coverage requirements.
1.947 Modification of licenses.
1.948 Assignment of authorization or transfer of control, 
notification of consummation.
1.949 Application for renewal of license.
1.951 Duty to respond to official communications.
1.955 Termination of authorizations.
1.956 Settlement conferences.
1.957 Procedure with respect to amateur radio operator license.
1.981 Reports, annual and semiannual.

Subpart Q--Competitive Bidding Proceedings

    Brief Description: The Part 1 rules state the general rules of 
practice and procedure before the Federal Communications Commission. 
Subpart Q sets forth the provisions implementing Section 309(j) of the 
Communications Act of 1934, as amended, authorizing the Commission to 
employ competitive bidding procedures to resolve mutually exclusive 
applications for certain initial licenses.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under Section 309(j) of the 
Communications Act of 1934, as amended.
    Legal Basis: 47 U.S.C. 154, 303, and 309(j).
    Section Number and Title:

1.2102 Eligibility of applications for competitive bidding.
1.2103 Competitive bidding design options.
1.2105 Bidding application and certification procedures; prohibition 
of collusion.
1.2107 Submission of down payment and filing of long-form 
applications.
1.2111 Assignment or transfer of control; unjust enrichment.

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

Subpart I--Marketing of Radiofrequency Devices

    Brief Description: The rules in part 2, subpart I, define 
radiofrequency devices and specify the requirements for marketing of 
such devices.
    Need: These rules provide exemption for certain transmitters and 
amplifiers as required by the Act or are under close control of the 
licensed user. The rules allow marketing and operation of Radio 
frequency devices under specific conditions prior to approval of the 
radio frequency device. The rules are needed to allow manufacturers to 
evaluate, test

[[Page 32095]]

and demonstrate the device for product suitability.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:

2.803 Marketing of radio frequency devices prior to equipment 
authorization.

Subpart J--Equipment Authorization Procedures

    Brief Description: These rules specify conditions associated with 
grant of equipment authorization under the Commission's rules.
    Need: The rules provide procedures and conditions under which 
grants can be dismissed, limited and revoked. The rules also specify 
measurement procedures to be applied generally for radio frequency 
devices. The rules are needed to ensure devices are properly authorized 
and are operating in accordance with FCC rules to prevent interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:

2.901 Basis and purpose.
2.924 Marketing of electrically identical equipment having multiple 
trade names and models or type numbers under the same FCC 
identifier.
2.931 Responsibility of the grantee.
2.933 Change in identification of equipment.
2.938 Retention of records.
2.943 Submission of equipment for testing.
2.946 Penalty for failure to provide test samples and data.
2.1041 Measurement procedure.
2.1046 Measurements required: RF power output.
2.1407 Measurements required: Modulation characteristics.
2.1049 Measurements required: Occupied bandwidth.
2.1051 Measurements required: Spurious emissions at antenna 
terminals.
2.1053 Measurements required: Field strength of spurious radiation.
2.1057 Frequency spectrum to be investigated.

Part 11--Emergency Alert System (EAS)

Subpart D--Emergency Operations

Subpart E--Tests

    Brief Description: These rules state certain technical and 
operational procedures for Emergency Alert System (EAS) Participants.
    Need: The identified rules, which govern EAS tests as well as how 
an EAS Participant should respond to the receipt of an Emergency Action 
Notification, are necessary to ensure the proper functioning of the 
Emergency Alert System. The EAS may be used to provide the heads of 
state and local governments, or their designated representatives, with 
a means to communicate emergency information with the public.
    Legal Basis: Sections 1, 4(i) and (o), 303(r), 624(g) and 706 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and 
(o), 303(r), 544(g) and 606.
    Section Number and Title:

11.54(b) EAS operation during a National Level emergency.
    [Subpart D]
11.61 Tests of EAS procedures. [Subpart E]

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 provide conditional temporary operating authority 
during which a person who has passed the necessary examination(s) can 
operate while an application is pending before the Commission.
    Legal Basis: 47 U.S.C. 154 and 303, and applicable treaties and 
agreements to which the United States is a party.
    Section Number and Title:

13.9(e) Eligibility and application for new license or endorsement.
13.13(d) Application for a renewed or modified license.

    Note: Currently effective 13.9(e) was adopted in 1998 as 
13.9(d).

Part 15--Radio Frequency Devices

Subpart A--General

    Brief Description: These rules specify the regulations under which 
certain radio frequency equipment may be operated without an individual 
license.
    Need: These rules provide technical specifications, administrative 
requirements and other conditions relating to the marketing and 
operations of Part 15 devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:

15.17 Susceptibility to interference.
15.25 Kits.
15.33 Frequency range of radiated measurements.

Subpart C--Intentional Radiators

    Brief Description: These rules specify the regulations under which 
certain radio frequency equipment may be operated without an individual 
license.
    Need: These rules provide technical specifications, administrative 
requirements and other conditions relating to the marketing and 
operations of Part 15 devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:

15.253 Operation within the bands 46.7-46.9 GHz and 76.0-77.0 GHz.

Part 18--Industrial, Scientific, and Medical Equipment

Subpart B--Applications and Authorizations

    Brief Description: These rules specify the technical standards and 
other requirements for certain equipment or appliances that generate 
and use local radiofrequency energy for industrial, scientific, medical 
purposes, excluding telecommunications applications, to be marketed and 
operated within the United States.
    Need: These rules are needed to regulate industrial, scientific and 
medical (ISM) equipment that emits electromagnetic energy on 
frequencies within the radiofrequency spectrum in order to prevent 
harmful interference to authorized radio communications services.
    Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304, 307.
    Section Number and Title:

18.203 Equipment authorization.
18.207 Technical report.
18.209 Identification of authorized equipment.
18.211 Multiple listing of equipment.
18.212 Compliance information.

Part 20--Commercial Mobile Radio Services

    Brief Description: These rules set forth the requirements and 
conditions applicable to commercial mobile radio service providers as 
they pertain to the transmission of wireless 911 calls to Public Safety 
Answering Points (PSAP).
    Need: The identified rules require the provision of automatic 
numbering information and automatic location information and are 
intended to ensure that PSAPs receive adequate information in order to 
respond to 911 emergencies.
    Legal Basis: Sections 4, 251-2, 303, and 332, 48 Stat. 1066, 1062, 
as amended; 47 U.S.C. 154, 251-4, 303, and 332.
    Section Number and Title:

20.3 Definitions.
20.18 911 Service. [Excluding 47 CFR 20.18(h).]

Part 22--Public Mobile Services

Subpart H--Cellular Radiotelephone Service

    Brief Description: The Part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and Rural, 
Air-Ground, Cellular and Offshore Radiotelephone Services. Subpart H 
sets forth rules governing the licensing and operation of cellular 
radiotelephone systems.

[[Page 32096]]

    Need: This rule informs the public about the notification and 
filing requirements when a licensee makes minor modifications that 
result in a change to the station's cellular geographical service area 
(CGSA) or involve a contract service area boundary (SAB) extension.
    Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
    Section Number and Title:

22.953(c) Content and form of applications.

Part 24--Personal Communications Services

Subpart I--Interim Application, Licensing and Processing Rules for 
Broadband PCS

    Brief Description: The Part 24 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for personal communications services (PCS). Subpart I sets forth rules 
governing the submission of applications for broadband PCS licenses.
    Need: These rules establish restrictions on assignments and 
transfers of control of licenses for frequency blocks C and F.
    Legal Basis: 47 U.S.C. 154, 301, 303, 308, 309 and 332.
    Section Number and Title:

24.839(a)(1) and (2) Transfer of control or assignment of license.

Part 52--Numbering

Subpart C--Number Portability

    Brief Description: Section 52.33 permits incumbent local exchange 
carriers to file tariffs with the Commission establishing a monthly 
number-portability charge, a number-portability query-service charge, 
and a number-portability query/administration charge, to recover 
carrier-specific costs directly related to providing long-term number 
portability. The rule also allows all interconnected VoIP providers and 
telecommunications carriers that are not incumbent local exchange 
carriers to recover such costs in any manner consistent with state and 
federal law and regulation.
    Need: In implementing the statutory requirements for number 
portability and the promotion of local exchange competition, this rule 
permits telecommunications carriers to recover costs of providing long-
term number portability in a competitively neutral manner, as required 
by section 251(e).
    Legal Basis: 47 U.S.C. 251(b)(2), 251(d)(1), and 251(e)(2).
    Section Number and Title:

52.33(a)(1)-(2), (b) Recovery of carrier-specific costs directly 
related to providing long-term number portability.

Subpart D--Toll Free Numbers

    Brief Description: This rule provides that toll free numbers shall 
be made available to subscribers on a first-come, first-served basis, 
unless otherwise directed by the Commission.
    Need: The toll free number rules enable the Commission to ensure 
the efficient, fair, and orderly allocation of toll free numbers, as it 
is required to do under section 251(e) of the Communications Act, as 
amended. The Commission has determined that a first-come, first-served 
reservation process ensures an orderly allocation of toll free numbers, 
avoids the need to resolve competing claims among subscribers to 
assignment of particular numbers, and avoids problems of accelerated 
number depletion and subscriber disputes about reservation priority.
    Legal Basis: 47 U.S.C. 154(i), 154(j), 251(e).
    Section Number and Title:

52.111 Toll free number assignment.

Part 54--Universal Service

Subpart A--General Information

    Brief Description: These rules provide general information 
regarding the Universal Service Fund, including various terms and 
definitions that are referenced throughout section 54 of the 
Commission's rules.
    Need: In implementing statutory requirements for the Universal 
Service Fund, these rules provide necessary information regarding terms 
that may have different definitions outside the universal service 
context.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.5 Terms and definitions.

Subpart B--Services Designated for Support

    Brief Description: These rules specify the supported services for 
rural, insular and high-cost areas. These rules also specify the 
requirement to offer all designated services, as well as provide 
additional time for telecommunications carriers to complete network 
upgrades.
    Need: These rules ensure that rural, insular and high-cost areas 
receive support for the specified designated telecommunications 
services.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.101 Supported services for rural, insular and high-cost areas.

Subpart C--Carriers Eligible for Universal Service Support

    Brief Description: These rules specify the requirements for the 
designation of eligible telecommunications carriers. Congress has 
established that only those entities designated as eligible 
telecommunications carriers may receive support under the Universal 
Service support mechanism. These rules include the requirements 
regarding the relinquishment of designation as an eligible 
telecommunications carrier.
    Need: These rules ensure that the designation process for eligible 
telecommunications carriers meets the statutory requirements for the 
Universal Service support mechanism.
    Legal Basis: 47 U.S.C. 214(e)(2), 214(e)(4), 214(e)(6), 254(e).
    Section Number and Title:

54.201 Definition of eligible telecommunications carriers, 
generally.

Subpart D--Universal Service Support for High-Cost Areas

    Brief Description: These rules specify the requirements for the 
high-cost support mechanism. These rules provide requirements for how 
high-cost support will be calculated and distributed to eligible 
telecommunications providers.
    Need: In implementing statutory requirements for the high-cost 
program of the universal service support mechanism, these rules ensure 
that rates in rural, insular and high-cost areas, are ``reasonably 
comparable'' to rates charged for similar services in urban areas.
    Legal Basis: 47 U.S.C. 254(b).
    Section Number and Title:

54.301 Local switching support.
54.303 Long term support.
54.307 Support to a competitive eligible telecommunications carrier.

Subpart E--Universal Service Support for Low-Income Consumers

    Brief Description: These rules specify the requirements for the 
Lifeline and Linkup Program of the universal service support mechanism. 
The rules establish the requirements for eligible consumers and 
eligible telecommunications carriers. The rules also establish 
certification and verification requirements, as well as recordkeeping 
and auditing requirements.
    Need: In implementing statutory requirements for the Lifeline and 
Linkup Program of the universal service support mechanism, these rules 
ensure that quality telecommunications services are available to low-
income consumers at reasonable and affordable rates.
    Legal Basis: 47 U.S.C. 254(b).
    Section Number and Title:

54.400 Terms and definitions.
54.401 Lifeline defined.
54.403 Lifeline support amount.

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Subpart F--Universal Service Support for Schools and Libraries

    Brief Description: These rules specify the requirements for 
participation in the Schools and Libraries Program of the universal 
service support mechanism. The rules describe requirements regarding 
eligible entities, and the services eligible for discounted support. 
The rules also establish procedures for the application process, 
competitive bidding process, and the distribution of support. Finally, 
these rules establish recordkeeping and auditing requirements.
    Need: In implementing statutory requirements for the Schools and 
Libraries support mechanism, these rules ensure that eligible schools, 
libraries, and consortia that include eligible schools and libraries 
receive discounts for eligible telecommunications services, Internet 
access, and internal connections.
    Legal Basis: 47 U.S.C. 254(h)(1)(B).
    Section Number and Title:

54.502 Supported telecommunications services.
54.503 Other supported special services.
54.504 Requests for services.
54.505 Discounts.
54.506 Internal connections.
54.507 Cap.
54.509 Adjustments to the discount matrix.
54.511 Ordering services.
54.515 Distributing support.
54.516 Auditing.
54.517 Services provided by non-telecommunications carriers.
54.518 Support for wide area networks.
54.519 State telecommunications networks.

Subpart G--Universal Service Support for Health Care Providers

    Brief Description: These rules specify the requirements for 
participation in the Rural Health Care Program of the universal service 
support mechanism. The rules establish the requirements for eligible 
health care providers, and the services eligible for discounted 
support. The rules also establish procedures for the application 
process, competitive bidding process, and the distribution of support. 
Finally, these rules establish recordkeeping and auditing requirements.
    Need: In implementing statutory requirements for the Rural Health 
Care support mechanism, these rules ensure that discounts are available 
to eligible rural health care providers for telecommunications services 
and monthly Internet access service charges.
    Legal Basis: 47 U.S.C. 254(h)(2)(A).
    Section Number and Title:

54.603 Competitive bid requirements.
54.604 Existing contracts.
54.605 Determining the urban rate.
54.609 Calculating support.
54.619 Audits and recordkeeping.
54.623 Cap.
54.625 Support for services beyond the maximum supported distance 
for rural health care providers.

Subpart H--Administration

    Brief Description: These rules specify the requirements regarding 
the Universal Service Administrative Company, as the permanent 
Administrator for the universal service support mechanism. These rules 
establish the Administrator's functions and responsibilities, as well 
as the composition of the Administrator's Board of Directors and 
Committees. These rules also establish requirements regarding 
contributions and contributor reporting requirements.
    Need: In implementing statutory requirements for the universal 
service support mechanism, these rules provide the framework and 
requirements for the administration of the program.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.701 Administrator of universal service support mechanisms.
54.702 Administrator's functions and responsibilities.
54.703 The Administrator's Board of Directors.
54.704 The Administrator's Chief Executive Officer.
54.705 Committees of the Administrator's Board of Directors.
54.706 Contributions.
54.708 De minimis exemption.
54.709 Computations of required contributions to universal service 
support mechanisms.
54.711 Contributor reporting requirements.
54.715 Administrative expenses of the Administrator.

Subpart I--Review of Decisions Issued by the Administrator

    Brief Description: These rules specify the requirements regarding 
review of decisions issued by the Universal Service Administrative 
Company. These rules establish the filing requirements, review process, 
and the treatment of disbursements during the pending review process.
    Need: In implementing statutory requirements for the universal 
service support mechanism, these rules provide the framework and 
requirements for the review of decisions issued by the Administrator.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.719 Parties permitted to seek review of Administrator decisions.
54.720 Filing deadlines.
54.721 General filing requirements.
54.722 Review by the Wireline Competition Bureau or the Commission.
54.723 Standard of review.
54.724 Time periods for Commission approval of Administrator 
decisions.
54.725 Universal service disbursements during pendency of a request 
for review and Administrator decision.

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 help ensure that rates are just, reasonable, 
and not unjustly or unreasonably discriminatory. The rules govern the 
filing, form, content, public notice periods, and accompanying support 
materials for tariffs. Section 61.52(c) requires incumbent local 
exchange carriers to file tariffs and associated documents 
electronically.
    Need: This rule makes the filing of tariffs and associated 
documents easier and less expensive for carriers, and expedites the 
availability of tariffs and associated documents for public inspection.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, and 403.
    Section Number and Title:

61.52(c) Form, size, type, legibility, etc.

    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 help ensure that rates are just, reasonable, 
and not unjustly or unreasonably discriminatory. The rules govern the 
filing, form, content, public notice periods, and accompanying support 
materials for tariffs. Section 61.58 establishes notice requirements 
for filed tariffs. Section 61.58(e) provides notice requirements for 
tariffs filed by non-price cap carriers.
    Need: Section 61.58(e) was adopted to provide adequate opportunity 
for review of tariffs filed by non-price cap carriers. The periods were 
shortened to reduce carriers' regulatory burden without restricting the 
Commission's ability to perform its statutory duty.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205, and 403.
    Section Number and Title:

61.58(e) Notice requirements.

Part 64--Miscellaneous Rules Relating to Common Carriers

Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment by Communications Common Carriers; Telephone Operator 
Services

    Brief Description: This rule specifies that providers of operator 
services must

[[Page 32098]]

disclose to the consumer, at no charge and before connecting any 
interstate non-access code operator service call, how to obtain the 
total cost of the call before providing further oral advice to the 
consumer on how to proceed to make the call.
    Need: These provisions address the problem of widespread consumer 
dissatisfaction with the high rates charged by many operator services 
providers for calls from public phones and other aggregator locations 
such as hotels, hospitals, and educational institutions. The rules were 
designed to ensure that consumers receive sufficient information about 
the rates they will pay for operator services at public phones and 
other aggregator locations, thereby fostering a more competitive 
operator service provider marketplace.
    Legal Basis: 47 U.S.C. 151, 154, 160, 201-205, 215, 218, 226, 254.
    Section Number and Title:

64.703(a)(4) Consumer information.

    Brief Description: These rules exempt Commercial Mobile Radio 
Service (CMRS) aggregators (entities that make telephones available to 
the public or to transient users of the entity's premises for 
interstate calls using a provider of CMRS operator services) and 
providers of CMRS operator services from the general rules (a) 
prohibiting aggregators from blocking consumers from calling 800 and 
950 access code numbers to access the consumer's choice of operator 
services providers; and (b) restricting charges related to the 
provision of operator services (e.g., prohibiting operator service 
providers from billing for unanswered telephone calls).
    Need: The Commission has determined that the equal access and 
unblocking regulations established in this section are generally 
unnecessary to protect consumers of CMRS, and would increase the cost 
of CMRS service without producing any identifiable benefits.
    Legal Basis: 47 U.S.C. 154, 201, 218, 226(e).
    Section Number and Title:

64.704(e) Call blocking prohibition/exemption for CMRS aggregators 
and CMRS operator services providers.
64.705(c) Restrictions on charges related to the provision of 
operator services/exemption for CMRS aggregators and CMRS operator 
services providers.

    Brief Description: These rules define a ``CMRS aggregator'' as ``an 
aggregator that, in the ordinary course of its operations, makes 
telephones available to the public or to transient users of its 
premises for interstate telephone calls using a provider of CMRS 
operator services;'' ``CMRS operator services'' as operator services 
provided by means of a commercial mobile radio service; and ``Provider 
of CMRS operator services'' as a provider of operator services that 
provides CMRS operator services.
    Need: These rules define and provide necessary information 
regarding specific types of service providers that are exempt from 
certain portions of the rules in this subpart and that may have 
different definitions outside of this context.
    Legal Basis: 47 U.S.C. 154, 201, 202, 218, 226, 332.
    Section Number and Title:

64.708(d) Definitions: CMRS aggregator.
64.708(e) Definitions: CMRS operator services.
64.708(k) Definitions: Provider of CMRS operator services.

    Brief Description: Section 64.709 provides for the filing of 
operator service informational tariffs, and requires that such tariffs 
must include specific rates expressed in dollars and cents, as well as 
applicable per-call aggregator surcharges or other per-call fees, if 
any, that are collected from consumers.
    Need: This provision seeks to make operator service provider 
informational tariffs more useful to consumers, allowing them to make 
rational purchasing decisions, and impose market-based discipline on 
operator service providers.
    Legal Basis: 47 U.S.C. 226(h)(1)(A).
    Section Number and Title:

64.709 Informational tariffs.

    Brief Description: This rule establishes certain requirements for 
operator services providers serving prison inmates, such as required 
disclosures concerning call rates and total costs, and requiring 
service providers to allow prisoners to terminate a call at no charge 
before the call is connected.
    Need: This provision furthers the Commission's statutory obligation 
to ``ensur[e] that consumers have the opportunity to make informed 
choices'' in using operator services to place interstate telephone 
calls. The Commission adopted price disclosure rules for providers of 
inmate operator services that are similar to those applicable to 
operator service providers in order to ``eliminate some of the abusive 
practices that have led to complaints'' and to protect recipients of 
collect calls from inmates from being charged excessive rates by a 
monopoly provider.
    Legal Basis: 47 U.S.C. 47 U.S.C. 151, 154, 160, 201-205, 215, 218, 
226, 254.
    Section Number and Title:

64.710 Operator services for prison inmate phones.

Subpart U--Customer Proprietary Network Information

    Brief Description: These rules provide general information, 
including various terms and definitions referenced throughout subpart 
U, regarding the proper use of customer proprietary network information 
(CPNI), and the duty of telecommunications carriers to protect the 
confidentiality of CPNI.
    Need: Congress recognized that the new competitive market forces 
and technology ushered in by the 1996 Act had the potential to threaten 
consumer privacy interests, and therefore enacted section 222 to 
prevent consumer privacy protections from being inadvertently swept 
away along with the prior limits on competition. The CPNI regulations 
in section 222 are largely consumer protection provisions that 
establish restrictions on carrier use and disclosure of personal 
customer information. The statutory design expressly recognizes the 
duty of all carriers to protect customer information and embodies the 
principle that customers must be able to control information they view 
as sensitive and personal from use, disclosure, and access by carriers.
    Legal Basis: 47 U.S.C. 154, 222, 254(k).
    Section Number and Title:

64.2001 Basis and purpose.
64.2003 Definitions.

    Brief Description: This rule describes the circumstances under 
which telecommunications carriers may, and may not, use, disclose or 
permit access to CPNI without prior customer approval.
    Need: These rules further Congress' goals of fostering competition 
in telecommunications markets and ensuring the privacy of customer 
information.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
    Section Number and Title:

64.2005 Use of customer proprietary network information without 
customer approval.

    Brief Description: This rule establishes the methods 
telecommunications carriers may use to obtain valid prior customer 
approval for the use of CPNI; requires carriers to maintain the 
customer's approval or disapproval in effect until the customer revokes 
or limits it; and requires carriers to maintain records of customer 
approval for at least one year.
    Need: These rules further Congress' goals of fostering competition 
in

[[Page 32099]]

telecommunications markets and ensuring the privacy of customer 
information.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
    Section Number and Title:

64.2007 Approval required for use of customer proprietary network 
information.

    Brief Description: This rule requires carriers to provide notice to 
customers of their right to restrict the use of, disclosure of, and 
access to the customer's CPNI, establishes the methods for providing 
and the required content of such notice, and requires carriers to 
maintain records of this notification for at least one year.
    Need: These rules further Congress' goals of fostering competition 
in telecommunications markets and ensuring the privacy of customer 
information.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
    Section Number and Title:

64.2008 Notice required for use of customer proprietary network 
information.

    Brief Description: This rule establishes safeguards that carriers 
must implement to ensure compliance with the Commission's CPNI 
regulations, including specific record keeping, personnel training, and 
disciplinary, compliance and certification processes.
    Need: These rules further Congress' goals of fostering competition 
in telecommunications markets and ensuring the privacy of customer 
information.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 254(k).
    Section Number and Title:

64.2009 Safeguards required for use of customer proprietary network 
information.

Part 69--Access Charges

Subpart C--Computation of Charges for Price Cap Local Exchange Carriers

    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 to protect consumers by helping to prevent the exercise 
of market power by incumbent local exchange carriers. Section 69.153 
allows price cap LECs to assess a per-line charge on multi-line 
business subscribers' presubscribed interexchange carriers. This charge 
is designed to reflect the non-traffic sensitive nature of local loop 
costs. Section 69.153(e) establishes the maximum monthly presubscribed 
interexchange carrier charge (PICC) price cap LECs may assess for 
Centrex lines, adopting a ratio of up to nine Centrex lines for one 
private branch exchange (PBX) trunk.
    Need: Section 69.153(e) provides similar regulatory treatment with 
regard to PICC between the functionally equivalent Centrex and PBX 
trunk services.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.
    Section Number and Title:

69.153 Presubscribed interexchange carrier charge (PICC).

Part 73--Broadcast Radio Services

Subpart E--Television Broadcast Stations

    Brief Description: These rules specify showings that must be made 
in applications filed by TV broadcast stations who wish to use 
electrical beam tilt.
    Need: In implementing statutory requirements for the transition to 
digital broadcasting, these rules set forth technical showings that 
applicants must provide when applying to use electrical beam tilt to 
increase the power of an UHF DTV station. These showings are necessary 
for Commission staff evaluation of competing applications for DTV 
stations.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336.
    Section Number and Title:

73.625(c)(5) DTV coverage of principal community and antenna system.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: The Part 73 rules state the general rules 
applicable to all broadcast services. Subpart H sets forth the rules 
common to all AM, FM, TV and Class A TV broadcast services, commercial 
and noncommercial. This rule applies the prohibition of collusion to 
all broadcast services subject to competitive bidding.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority for broadcast services under Section 
309(j) of the Communications Act of 1934, as amended, and to confirm 
that the Commission's rules prohibiting collusion applies to all 
broadcast services subject to competitive bidding. This section 
conforms the auction rules and procedures for broadcast construction 
permits with the Commission's Part 1 auction rules.
    Legal Basis: 47 U.S.C. 154, 303, 309(j), 334 and 336.
    Section Number and Title:

73.3525(1) Agreements for removing application conflicts.

    Brief Description: This rule applies subsections (c) and (d) of 
Section 73.3597 to mutually exclusive noncommercial applications filed 
after the release of 1998 Biennial Regulatory Review, Streamlining of 
Mass Media Applications, Rules, and Processes, MM Docket 98-43, 13 FCC 
Rcd 23056 (Nov. 25, 1998).
    Need: This section clarifies which applications are subject to 
subsections (c) and (d) of this rule.
    Legal Basis: 47 U.S.C. 154, 301, 303, 307, 308, and 309.
    Section Number and Title:

73.3597(c)(1)(iii) Procedures on transfer and assignment 
applications.

    Brief Description: This rule eliminates the requirement that sales 
agreements and contracts be filed with the Commission within thirty 
days of execution, where the reporting entity has already filed the 
sales contract with an assignment or transfer application. Need: This 
section reduces the filing burdens on licensees.
    Legal Basis: 47 U.S.C. 154, 301, 303, 307, 308, and 309.
    Section Number and Title:

    73.3613(b)(7) Filing of contracts.

Subpart I--Procedures for Competitive Bidding and for Applications for 
Noncommercial Educational Broadcast Stations on Non-Reserved Channels

    Brief Description: The Part 73 rules state the general rules for 
broadcast services. Subpart I sets forth the procedures for competitive 
bidding and applications for non-commercial educational broadcast 
stations on non-reserved channels. The rules below implement amended 
Section 309(j) of the Communications Act, which requires the Commission 
to use auctions to select from among all mutually exclusive 
applications broadcast construction permits.
    Need: These rules amend the disparate application procedures for 
the various broadcast services to establish a uniform window filing 
approach. These rules also conform the procedures for auctioning 
mutually exclusive applications for broadcast construction permits to 
the Commission's Part 1 auction rules.
    Legal Basis: 47 U.S.C. 154, 301, 303, 309 (j), 334, and 336.
    Section Number and Title:

73.5000 Services subject to competitive bidding.
73.5002 Application and certification procedures; return of mutually 
exclusive applications not subject to competitive bidding 
procedures; prohibition of collusion.
73.5003 Submission of full payments.

[[Page 32100]]

73.5005 Filing of long-form applications.
73.5006 Filing of petitions to deny against long-form applications.
73.5007 Designated entity provisions.
73.5008 Definitions applicable for designated entity provisions.
73.5009 Assignment of transfer of control.

Part 74--Experimental Radio, Auxiliary, Special Broadcast and Other 
Program Distributional Services

Subpart L--FM Broadcast Translator Stations and FM Broadcast Booster 
Stations

    Brief Description: These rules set forth technical standards for FM 
translator and booster stations along the United States borders.
    Need: These rules are necessary to prevent interference with 
Canadian and Mexican broadcast stations.
    Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
    Section Number and Title:

74.1235(d)(1), (2) and (3) Power limitations and antenna systems.

Part 79--Closed Captioning and Video Description of Video Programming

    Brief Description: In 1996, Congress added section 713 to the 
Communications Act of 1934, as amended (the Act), requiring the 
Commission to adopt rules for the closed captioning of video 
programming. Among other things, these rules establish implementation 
schedules, provide for who is responsible for compliance and how 
compliance is determined, and set forth categorical, self-implementing 
exemptions from the rules. In 1998, the Commission added another self-
implementing exemption to those it adopted the previous year. This one, 
found at 79.1(d)(13), covers instructional programming that is locally 
produced by public television stations for use in grades K-12 and post 
secondary schools. Regarding how compliance is determined, the 
Commission also added a provision to the rules that recognizes that 
there may be times when the captioning requirements can be problematic 
due to a variety of factors. As such, 79.1(e)(10) states that the 
Commission will consider showings that any lack of captioning was de 
minimis and reasonable under the circumstances.
    Need: Closed captioning is the visual display of the audio portion 
of video programming. These rules implement section 713 of the Act, 
through which Congress required that video programming be closed 
captioned in order to ensure access by persons with hearing 
disabilities to video programming. The 1998 rule changes allow for 
certain educational programming to be exempt from the closed captioning 
rules, because such programming is not intended for widespread 
distribution, and it is subject anyway to other Federal requirements 
that ensure that adequate efforts will be taken to make it accessible 
on a case by case basis. The rule changes also provide guidance as to 
how the Commission will address complaints regarding lack of closed 
captioning where the lack of captioning arguably was de minimis and 
reasonable under the circumstances.
    Legal Basis: 47 U.S.C. 613
    Section Number and Title:

79.1(d)(13), (e)(10) Closed captioning of video programming.

Part 80--Stations in the Maritime Services

Subpart B--Applications and Licenses

    Brief Description: The Part 80 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for stations in the maritime services. Subpart B sets forth the 
procedures and requirements for the filing of applications for license 
to operate radio facilities in the maritime services.
    Need: These rules establish an exemption for certain vessels from 
annual inspection and requirements for partitioning licenses and 
disaggregating spectrum.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
    Section Number and Title:

80.59(d)(2) Compulsory ship inspections.
80.60 Partitioned licenses and disaggregated spectrum.

Subpart C--Operating Requirements and Procedures

    Brief Description: The Part 80 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for stations in the maritime services. Subpart C sets forth the 
technical, operational, and administrative requirements for use of the 
spectrum and equipment for stations in the maritime services.
    Need: This rule permits certain VHF public coast licensees and 
certain automated maritime telecommunications system (AMTS) coast 
licensees to transfer or assign their channel(s) or channel block(s) to 
another entity.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
    Section Number and Title:

80.70(c) Special conditions relative to coast station VHF 
facilities.

Subpart H--Frequencies

    Brief Description: The Part 80 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for stations in the maritime services. Subpart H describes the carrier 
frequencies and general uses of radiotelegraphy for distress, urgency, 
safety, call and reply; working; digital selective calling; narrow-band 
direct-printing; and facsimile for stations within the maritime 
services.
    Need: These rules list and establish requirements for the 
radiotelephony working frequencies assignable to Marine VHF 156-162 MHz 
band public coast stations for public correspondence communications 
with ship stations and units on land.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
    Section Number and Title:

80.371(c)(1)(i), (ii), (iii), (2), (3), and (4) Public 
correspondence frequencies.

Subpart Y--Competitive Bidding Procedures

    Brief Description: The Part 80 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for stations in the maritime services. Subpart Y sets forth the rules 
governing the use of competitive bidding to resolve mutually exclusive 
VHF Public Coast Service Area (VPCSA) and automated maritime 
telecommunications system (AMTS) applications for initial licenses.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j). The provisions in 
80.1252 are necessary to administer the Commission's designated entity 
program under which small businesses meeting certain eligibility 
criteria may receive bidding credits on their winning bids.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, and 332.
    Section Number and Title:

80.1251 Maritime communications [services] subject to competitive 
bidding.
80.1252 Designated entities.

Part 90--Private Land Mobile Radio Services

Subpart J--Non-Voice and Other Specialized Operations

    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 J sets forth requirements and standards for licensing 
and operation of non-voice and other specialized radio uses,

[[Page 32101]]

including secondary signaling, telemetry, radioteleprinter, 
radiofacsimile, automatic vehicle monitoring, radio call box, relay, 
vehicular repeater, and control station operations.
    Need: This rule permits the use of 40.66-40.70 MHz and 216-220 MHz 
frequency bands for the tracking of, and the telemetry of scientific 
data from ocean buoys and animal wildlife.
    Legal Basis: 47 U.S.C. 154, 303, and 332.
    Section Number and Title:

90.248 Wildlife and ocean buoy tracking.

    Subpart M--Intelligent Transportation Systems Radio Service
    Brief Description: The Part 90 rules state the conditions under 
which radio communications systems may be licensed and used in the 
Public Safety Pool, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart M governs Intelligent Transportation Systems 
radio services, which include the Location and Monitoring Service (LMS) 
and Dedicated Short Range Communications Service (DSRCS).
    Need: The rule, permits LMS licensees to partition licenses and 
disaggregate spectrum, and is intended to allow auction winners of LMS 
spectrum to customize their LMS systems to suit their business plans 
and helps remove entry barriers for small businesses. Legal Basis: 47 
U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.365 Partitioned licenses and disaggregated spectrum.

Subpart R--Regulations Governing the Licensing and Use of Frequencies 
in the 764-776 and 794-806 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 Pool, Industrial/Business Radio Pool, and Radiolocation 
Radio Services. Subpart R sets forth the regulations governing the 
licensing and operations of all systems operating in the 763-775 MHz 
and 793-805 MHz frequency bands.
    Need: The identified rules govern eligibility as well as 
operational, planning and licensing requirements and standards for 
stations licensed in the 763-775 MHz and 793-805 MHz bands.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
    Section Number and Title:

90.521 Scope.
90.523 Eligibility.
90.527 Regional plan requirements.
90.531 Band plan.
90.533 Transmitting sites near the U.S./Canada or U.S./Mexico 
border.
90.535 Modulation and spectrum usage efficiency requirements.
90.537 Trunking requirement.
90.539 Frequency stability.
90.541 Transmitting power limits.
90.543 Emission limitations.
90.545 TV/DTV interference protection criteria.
90.549 Transmitter certification.
90.551 Construction requirements.

Subpart T--Regulations Governing Licensing and Use of Frequencies in 
the 220-222 MHz Band

    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 T sets forth the administrative, operational, and 
technical rules governing licensing and use of frequencies in the 220-
222 MHz Band, including eligibility, frequency and channel 
availability, permissible operations, frequency selection and 
assignment, and construction requirements.
    Need: These rules calculate Phase I licensee service areas based on 
predicted service contours; inform Phase I licensees when they may add, 
remove, or modify a transmitter site within their existing service area 
without prior notification to the Commission; when they may exchange 
multiple licenses for a single authorization and when adding, removing 
or modifying a site requires coordination of those actions to avoid and 
resolve issues of harmful interference.
    Legal Basis: 47 U.S.C. 154, 303, and 332.
    Section Number and Title:

90.723(g) and (h) Selection and assignment of frequencies.
90.745 Phase I licensee service areas.

Subpart X--Competitive Bidding Procedures for Location and Monitoring 
Service

    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 X sets forth the rules governing the use of 
competitive bidding to resolve mutually exclusive multilateration 
Location and Monitoring Service applications for initial licenses.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j). The provisions in 
90.1103 are necessary to administer the Commission's designated entity 
program under which small businesses meeting certain eligibility 
criteria may receive bidding credits on their winning bids.
    Legal Basis: 47 U.S.C. 154, 161, 303, 309, and 332.
    Section Number and Title:

90.1101 Location and monitoring service subject to competitive 
bidding.
90.1103 Designated entities.

Part 95--Personal Radio Services

Subpart A--General Mobile Radio Service (GMRS)

    Brief Description: The Part 95 rules govern the Personal Radio 
Services, including the General Mobile Radio Service, Family Radio 
Service, Radio Control Radio Service, Citizens Band Radio Service, 218-
219 MHz Service, Low Power Radio Service, Wireless Medical Telemetry 
Service, Medical Implant Communications Service, and Multi-Use Radio 
Service. Subpart A applies to the General Mobile Radio Service.
    Need: The rule informs station operators which communications are 
prohibited, including messages for hire, false or deceptive messages, 
and messages in connection with any illegal activity.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

95.183 Prohibited communications.

Part 97--Amateur Radio Service

Subpart A--General Provisions

    Brief Description: The Part 97 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for amateur radio service. Subpart A contains administrative, 
technical, and operational requirements for use of the spectrum and 
equipment in the amateur radio service.
    Need: This rule provides guidance on the issuance of International 
Amateur Radio Permits (IARP).
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

97.5(e) Station license required.

Subpart D--Technical Standards

    Brief Description: The Part 97 rules set forth the conditions under 
which portions of the radio spectrum are made available and licensed 
for amateur radio service. Subpart D outlines technical standards for 
the frequency bands available to amateur stations.
    Need: The rule suspends amateur station transmitting in the 76-77 
GHz segment of the 4 mm band.

[[Page 32102]]

    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

97.303(r) Frequency sharing requirements.

Part 101--Fixed Microwave Services

Subpart A--General

    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, Local Television Transmission Service 
(LTTS), 24 GHz Service, Local Multipoint Distribution Service (LMDS), 
39 GHz, Multiple Address Service (MAS), Multichannel Video Distribution 
and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave operations 
that require transmitting facilities on land or in specified offshore 
coastal areas within the continental shelf. Subpart A sets forth the 
scope of and authority for the remaining rules in Part 101, as well as 
setting forth definitions of certain terms used in the remaining rules.
    Need: The identified rule is necessary to refer to the rules of 
practice and procedure in Part 1 of the rules that are applicable to 
services regulated under Part 101 of the rules.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

101.1(a) Scope and authority.

Subpart B--Applications and Licenses

    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, Local Television Transmission Service 
(LTTS), 24 GHz Service, Local Multipoint Distribution Service (LMDS), 
39 GHz, Multiple Address Service (MAS), Multichannel Video Distribution 
and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave operations 
that require transmitting facilities on land or in specified offshore 
coastal areas within the continental shelf. Subpart B sets forth the 
rules governing applications and licenses in those fixed microwave 
services subject to Part 101.
    Need: The identified rules are necessary to establish service areas 
and performance requirements for the 38.6-40.0 GHz band, allow 
partitioning and disaggregation in that band, define the general filing 
requirements for licensees in the private operational, common carrier, 
LTTS, 24 GHz, LMDS, MAS, MVDDS and 70-80-90 GHz Services and to provide 
specific procedures for the licensing, operation, and modification of 
facilities in those services.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

101.17 Performance requirements for the 38.6-40.0 GHz frequency 
band.
101.31(e)(1)(viii) Temporary and conditional authorizations.
101.56 Partitioned service areas (PSAs) and disaggregated spectrum.
101.64 Service areas.

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, Local Television Transmission Service 
(LTTS), 24 GHz Service and Local Multipoint Distribution Service 
(LMDS), 39 GHz, Multiple Address Service (MAS), Multichannel Video 
Distribution and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave 
operations that require transmitting facilities on land or in specified 
offshore coastal areas within the continental shelf. Subpart C sets 
forth the technical requirements for such services.
    Need: The identified rules are necessary to assign frequencies for 
systems in the 38.6-40 GHz band on an Economic Area service area basis 
and to clarify that non-LMDS operations in the 31,000-31,300 MHz band 
licensed after March 11, 1997 are secondary to Local Multipoint 
Distribution Service operations and are unprotected with respect to 
each other.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:

101.103(b)(3) Frequency coordination procedures.
101.147(v)(2) Frequency assignments.

Subpart N--Competitive Bidding Procedures for the 38.6-40.0 GHz Band

    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, Local Television Transmission Service 
(LTTS), 24 GHz Service and Local Multipoint Distribution Service 
(LMDS), 39 GHz, Multiple Address Service (MAS), Multichannel Video 
Distribution and Data Service (MVDDS) and 70-80-90 GHz fixed, microwave 
operations that require transmitting facilities on land or in specified 
offshore coastal areas within the continental shelf. Subpart N sets 
forth the rules governing the use of competitive bidding to resolve 
mutually exclusive applications for initial licenses in the 38.6-40.0 
GHz Band.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j). The provisions in 
47 CFR 101.1208 and 101.1209 are necessary to administer the 
Commission's designated entity program under which small businesses 
meeting certain eligibility criteria may receive bidding credits on 
their winning bids.
    Legal Basis: 47 U.S.C. 154, 303, and 309.
    Section Number and Title:

101.1201 38.6-40.0 GHz subject to competitive bidding.
101.1208 Bidding credits for small businesses.
101.1209 Definitions.

[FR Doc. E9-15928 Filed 7-6-09; 8:45 am]
BILLING CODE 6712-01-P