[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7971-7974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3262]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2, and 23

[IB Docket No. 05-216; FCC 10-7]


Elimination of the Commission's Rules Governing International 
Fixed Public Radiocommunication Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission (FCC) 
adopts the proposal in the Notice of Proposed Rulemaking in this 
proceeding, to eliminate that portion of the Commission's rules 
governing International Fixed Public Radiocommunication Services 
(IFPRS). The elimination of these rules is to facilitate coordination 
of facilities and services in the C-band (3700-4200 MHz and 5926-6425 
MHz).

DATES: Effective March 25, 2010.

FOR FURTHER INFORMATION CONTACT: Steven Spaeth (202) 418-1539, 
International Bureau, Federal Communications Commission, Washington, DC 
20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket 05-216, adopted January 6, 2010, and released 
January 14, 2010. The full text of the Report and Order 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 20054. 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]. It is also available on the Commission's Web site at 
http://www.fcc.gov.
    Paperwork Reduction Act Analysis: The actions taken in the Report 
and Order have been analyzed with respect to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3501-3520), and found 
to impose no new or modified requirements.
    Regulatory Flexibility Analysis Certification:
    The Regulatory Flexibility Act of 1980, as amended, 5 USC 601 et 
seq., (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).
    In the Report and Order, the Commission decides to eliminate the 
part 23 rules applicable to International Fixed Public Radio Service 
(IFPRS) licensees, because there are no IFPRS licensees in operation. 
Therefore, we certify that the actions in this Report and Order will 
not have a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of the Report and Order, 
including a copy of this certification, in a report to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 USC 801(a)(1)(A). In addition, the Report and Order 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 USC 605(b).

Summary of Report and Order

    In the Report and Order, the Commission observed that there are no 
licensees currently offering IFPRS, and there is no basis in the record 
for assuming that anyone will apply for a license to operate facilities 
to provide this service in the future. Accordingly, the Commission 
found that there is no need for part 23, and removed it from the 
Commission's rules. In addition, the Commission found that issues 
related to the regulation of IFPRS and the transition from part 23 to 
part 101 raised in the Notice of Proposed Rulemaking in this 
proceeding, 70 FR 56620 (Sept. 20, 2005), are moot. Finally, the 
Commission eliminated the allocations for IFPRS in the Table of 
Frequency Allocations, 47 CFR 2.106, in order to simplify the planning 
and coordination of facilities in services that have a co-primary 
allocation in the C-band.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 4(i), 7(a), 11, 
303(c), 303(f), 303(g), and 303(r) of the

[[Page 7972]]

Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 161, 
303(c), 303(f), 303(g), 303(r), that this Report and Order in IB Docket 
No. 05-216 is hereby adopted.
    It is further ordered that parts 0, 2, and 23 of the Commission's 
rules are amended as set forth in the Appendix to this Order. An 
announcement of the effective date of these rule revisions will be 
published in the Federal Register.
    It is further ordered that the Consumer and Governmental Affairs 
Bureau, Reference Information Center, shall send a copy of this Order, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 2

    Telecommunications.

47 CFR Part 23

    Communications common carriers, Equal employment opportunity, 
Radio, Reporting and recordkeeping requirements, Telegraph, Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.


0
For the reasons discussed in the preamble, and under the authority of 
47 U.S.C. 154(i), 303(r), the Federal Communications Commission amends 
47 CFR chapter I as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority:  Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.


0
2. Section 0.261 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  0.261  Authority delegated.

    (a) * * *
    (3) To act upon applications for international telecommunications 
and services pursuant to relevant portions of part 63 of this chapter, 
and coordinate with the Wireline Competition Bureau as appropriate;
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
4. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Pages 38 and 41 are revised.
0
b. In the list of Non-Federal Government (NG) Footnotes, footnote NG41 
is removed.


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 7973]]

[GRAPHIC] [TIFF OMITTED] TR23FE10.001


[[Page 7974]]


[GRAPHIC] [TIFF OMITTED] TR23FE10.002

* * * * *

PART 23--[REMOVED]

0
5. In Title 47, remove part 23.

[FR Doc. 2010-3262 Filed 2-22-10; 8:45 am]
BILLING CODE 6712-01-C