[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Proposed Rules]
[Pages 66232-66262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20561]



[[Page 66231]]

Vol. 88

Tuesday,

No. 185

September 26, 2023

Part III





 Federal Communications Commission





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47 CFR Chapter I





Possible Revision or Elimination of Rules; Proposed Rule

  Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / 
Proposed Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CB Docket No. 23-283; DA 23-710; FR ID 170395]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Regulatory review; comments requested.

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SUMMARY: In this document, the Federal Communication Commission (FCC or 
Commission) invites the general public to comment on the Commission's 
rules to be reviewed pursuant to the Regulatory Flexibility Act of 
1980, as amended. The purpose of the review is to determine whether 
Commission rules that the FCC adopted in calendar years 2007-2012 
should be continued without change, amended, or rescinded in order to 
minimize any significant impact the rule(s) may have on a substantial 
number of small entities. Upon receiving 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), or retain the 
rule(s) without modification.

DATES: Comments may be filed on or before November 27, 2023.

ADDRESSES: You may submit comments, identified by CB Docket No. 23-283 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). See https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Joy Ragsdale, Director, Office of Communications Business 
Opportunities, 202-418-1697, [email protected] or visit www.fcc.gov/ocbo.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Public Notice document in CB Docket No. 23-283, DA 23-710, released on 
August 17, 2023. The full version of this document can be located at 
https://docs.fcc.gov/public/attachments/DA-23-710A1.pdf.
    Annually, the Commission will publish a list of 10-year-old rules 
for review and comment by interested parties pursuant to section 610 of 
the RFA.

Synopsis

    By the Public Notice document, the Office of Communications 
Business Opportunities announces the Federal Communications 
Commission's (Commission) plan to review rules the agency adopted in 
calendar years 2007-2012 that have or will have a significant economic 
impact on a substantial number of small entities. Section 610 of the 
Regulatory Flexibility Act (RFA), 5 U.S.C. 610, requires the Commission 
to determine whether such rules should be continued without change, 
amended, or rescinded, consistent with the stated objectives of 
applicable statutes, to minimize any significant economic impact of the 
rules upon a substantial number of small entities. The Appendix of the 
Public Notice document lists the rules the Commission will review 
during the next 12 months. Annually, the Commission will publish a list 
for the review of rules promulgated 10 years preceding the year of 
review.
    The Commission will consider the following factors in reviewing 
each rule in a manner consistent with section 610(b) of the RFA:
    (a) The continued need for the rule;
    (b) The nature of complaints or comments from the public concerning 
the rule;
    (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.
    The Appendix of the Public Notice document includes a brief 
description, the need for and legal basis of each rule. The Commission 
invites the general public to comment on these rules in accordance with 
the instructions below. The Commission will consider all relevant and 
timely filed comments before it takes final action in this proceeding.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    The proceeding this document initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules.\1\ Persons making ex parte presentations must file a 
copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to

[[Page 66233]]

be written ex parte presentations and must be filed consistent with 
rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which 
the Commission has made available a method of electronic filing, 
written ex parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.
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    \1\ 47 CFR 1.1200 et seq.

Federal Communications Commission.
Joy Ragsdale,
Director, Office of Communications Business Opportunities.


0
The Federal Communications Commission (Commission) will review the 
rules below pursuant to the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 610, for the 10-year period beginning in January 2007 
and ending December 2012. All of the rules listed below are in Title 47 
of the Code of Federal Regulations.

PART 1--PRACTICE AND PROCEDURE

Subpart A--General Rules of Practice and Procedures--Forbearance 
Proceedings

    Brief Description: These rules establish procedures for the 
submission and handling of petitions for forbearance filed pursuant to 
section 10 of the Communications Act of 1934, as amended.\2\ In 
particular, the rules require that forbearance petitions be ``complete 
as filed'' and establish procedures to ensure that forbearance 
petitions are addressed in a timely, equitable, and predictable manner. 
Further, a forbearance petition may no longer be withdrawn or 
significantly narrowed by the petitioner without Commission 
authorization after the tenth business day after the due date for reply 
comments.
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    \2\ 47 U.S.C. 160(c) (``Any telecommunications carrier, or class 
of telecommunications carriers, may submit a petition to the 
Commission requesting that the Commission exercise the authority 
granted under this section with respect to that carrier or those 
carriers, or any service offered by that carrier or carriers.'').
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    Need: These rules implement procedures for handling forbearance 
petitions in a manner that is front-loaded, actively managed, 
transparent, and fair.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155(c), 160, 201, and 
303(r).
    Section Number and Title:
    1.55 Public notice of petitions for forbearance.
    1.56 Motions for summary denial of petitions for forbearance.
    1.57 Circulation and voting of petitions for forbearance.
    1.58 Forbearance petition quiet period prohibition.
    1.59 Withdrawal or narrowing of petitions for forbearance.
    Brief Description: These rule sections implement the Truth in 
Caller ID Act of 2009,\3\ and prohibit any person or entity from 
knowingly spoofing caller identification information with the intent to 
defraud, cause harm, or wrongfully obtain anything of value. Sections 
1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for 
violations of the Truth in Caller ID Act or the Commission's rules 
under the Truth in Caller ID Act.
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    \3\ The President signed the Truth in Caller ID Act into law on 
December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-
331, codified at 47 U.S.C. 227(e).
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    Need: These rule sections carry out the Commission's statutory 
obligation to implement the Truth in Caller ID Act.
    Legal Basis: Section 2 of the Truth in Caller ID Act of 2009, 
Public Law 11-331. 47 U.S.C. 151, 154(i), 154(j), 227, and 303(r).
    Section Number and Title:
    1.80(a)(4), (b)(3), (c) Forfeiture Proceedings.

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

    Brief Description: Section 1.767 of the Commission's rules sets 
forth the application filing requirements for submarine cable landing 
licenses. During the relevant review period, the Commission amended the 
cable landing license application rules and application procedures to 
require applicants to certify their compliance with the Coastal Zone 
Management Act of 1972 (CZMA).
    Need: The rules are needed to ensure that Commission processing of 
certain submarine cable landing license applications comports with the 
consistency review procedures specified in the CZMA.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), 
and 309.
    Section Number and Title:
    1.767(a)(10) note, (j), (k)(4) Cable landing licenses.

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

    Brief Description: These rules specify the schedule of annual 
regulatory fees and filing locations for the designated payors.
    Need: Congress sets the amount the Commission must collect each 
year in the Commission's fiscal year appropriations. Section 9(a)(2) of 
the Communications Act of 1934, as amended (Act) requires the 
Commission to collect fees sufficient to offset the amount 
appropriated.\4\ These rules specify the fees for the Commission's 
regulatees.
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    \4\ 47 U.S.C. 159(a)(2).
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    Legal Basis: 47 U.S.C. 159.
    Section Number and Title:
    1.1102 Revised--Schedule of charges for applications and other 
filings in the wireless telecommunications services.
    1.1103 Revised--Schedule of charges for experimental radio 
services.
    1.1104 Revised--Schedule of charges for applications and other 
filings for media services.
    1.1105 Revised--Schedule of charges for applications and other 
filings for the wireline competition services.
    1.1106 Revised--Schedule of charges for applications and other 
filings for the enforcement services.
    1.1107 Revised--Schedule of charges for applications and other 
filings for the international services.
    1.1108 Reserved.
    1.1109 Revised--Schedule of charges for applications and other 
filings for the Homeland services.
    1.1110 [correctly redesignated as 1.112]; new 1.1110 correctly 
added Attachment of charges.
    1.1111 [correctly redesignated as 1.113]; new 1.1111 correctly 
added Payment of charges.
    1.1112 [correctly redesignated as 1.114]; new 1.1112 correctly 
added Form of payment.
    1.1113 [correctly redesignated as 1.115]; new 1.1113 correctly 
added Filing locations.
    1.1114 Conditionality of Commission or staff authorizations.
    1.1115 Return or refund of charges.
    1.1116 General exemptions to charges.
    1.1117 Adjustments to charges.
    1.1118 Penalty for late or insufficient payments.
    1.1119 Petitions and applications for review.
    1.1120 [correctly redesignated from 1.1118]; (a) revised Error 
claims.
    1.1121 [correctly redesignated from 1.1119]; (b) revised Billing 
procedures.
    1.1152 Revised--Schedule of annual regulatory fees for wireless 
radio services.

[[Page 66234]]

    1.1153 Revised--Schedule of annual regulatory fees and filing 
locations for mass media services.
    1.1154 Revised--Schedule of annual regulatory charges for common 
carrier services.
    1.1155 Revised--Schedule of regulatory fees for cable television 
services.
    1.1156 Revised; Eff. Date corrected; Revised--Schedule of 
regulatory fees for international services.
    1.1164 (c) Revised--Penalties for late or insufficient regulatory 
fee payments.
    1.1166 (b) Revised--Waivers, reductions and deferrals of regulatory 
fees.
    1.1166 (d) Amended--Waivers, reductions and deferrals of regulatory 
fees.

Subpart X--Spectrum Leasing

    Brief Description: These rules pertain to spectrum leasing 
arrangements between licensees in the services identified in this 
subpart and spectrum lessees.
    Need: These rules extend the Commission's secondary market spectrum 
manager spectrum leasing policies, procedures, and rules that apply to 
wireless terrestrial services to terrestrial services provided using 
the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service 
(MSS) system.
    Legal Basis: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 303(r), and 309.
    Section Number and Title:
    1.9001 Purpose and scope.
    1.9005 Included services.
    1.9020 Spectrum manager leasing arrangements.
    1.9049 Special Provisions relating to spectrum leasing arrangements 
involving the Ancillary Terrestrial Component of Mobile Satellite 
Services.

Subpart AA--Competitive Bidding for Universal Service Support

    Brief Description: These rules set forth procedures for competitive 
bidding to determine the recipients of universal service support 
pursuant to part 54 and the amount(s) of support that each recipient 
respectively may receive, subject to post-auction procedures, when the 
Commission directs that such support shall be determined through 
competitive bidding. The rules establish requirements for applications 
to participate in competitive bidding, restrict certain communications 
during the competitive process, and establish a winning bidder's 
obligation to apply for support.
    Need: These rules implement competitive bidding processes for the 
allocation of high-cost universal service support, helping to ensure 
the most efficient and effective use of public resources.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303(r), 332, 403, and 1302.
    Section Number and Title:
    1.21000 Purpose.
    1.21001 Participation in competitive bidding for support.
    1.21002 Prohibition of certain communications during the 
competitive bidding process.
    1.21003 Competitive bidding process.
    1.21004 Winning bidder's obligation to apply for support.

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

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

    Brief Description: Section 2.106 contains the Table of Frequency 
Allocations, which specifies the Federal and non-Federal radio services 
that may operate in certain frequency bands, as well as the operating 
conditions for each service, including power limits and coordination 
procedures. Footnote US23 governs Amateur Radio Service operations in 
the 5330.5-5406.4 kHz band. Footnote US64 governs Medical Device 
Radiocommunication Service (MedRadio) operations in the 401-406 MHz, 
413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Footnote 
US338 governs Wireless Communications Service (WCS) operations in the 
2305-2320 MHz band.
    Need: The Table of Frequency Allocations is needed to allow Federal 
and non-Federal services to operate safely and without causing harmful 
interference. The Table is amended frequently to revise existing 
allocations and add new allocations, generally promoting more efficient 
and productive use of radio spectrum.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:
    2.106 US23, US64, US338 Table of Frequency Allocations.
    Brief Description: Part 2 contains the Commission's Table of 
Frequency Allocations as well as terminology and rules governing 
bandwidths, call signs, and other transmission identifiers, distress, 
disaster and emergency communications, prohibition against use of radio 
devices for eavesdropping, and marketing of radio-frequency devices.
    Need: Part 2 rules establish the allocations for spectrum use.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:
    2.106 Table of Frequency Allocations.

Subpart J--Equipment Authorization Procedures

    Brief Description: Section 2.1093 specifies which portable devices 
must undergo radiofrequency (RF) radiation exposure evaluation and 
2.1093(c) specifies how that evaluation must be done.
    Need: These rules are needed to satisfy the Commission's 
responsibilities under the National Environmental Policy Act to 
evaluate the environmental significance of its actions and to minimize 
the chance of harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:
    2.1093(c) Radiofrequency radiation exposure evaluation: portable 
devices.

Subpart K--Importation of Devices Capable of Causing Harmful 
Interference

    Brief Description: Section 2.1204 specifies the conditions under 
which RF devices may be imported into the United States. Section 
2.1204(a)(9) governs medical implant transmitters, specifying that 
these devices must either comply with the Part 95 rules or be only for 
the personal use of the person in whom the device has been inserted or 
on whom the body-worn device is applied.
    Need: These rules are needed to prevent unauthorized and non-
complaint RF devices from being imported into the United States and 
causing harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
    Section Number and Title:
    2.1204(a)(9) Import conditions.

PART 4--DISRUPTIONS TO COMMUNICATIONS

    Brief Description: These rules expanded the Commission's existing 
Part 4 outage reporting requirement to include a new class of 
providers--Interconnected Voice over internet Protocol. They also 
provide for the appropriate thresholds for outage impact and duration 
to trigger reporting obligations to the Commission.
    Need: These provisions support the Commission's statutory 
obligations to ensure the public safety can make

[[Page 66235]]

emergency calls by ensuring the integrity and reliability of the 
Nation's communications networks and the service those in need use to 
reach 911. The expansion and continued use of IP-based voice protocols 
for consumer calling, particularly in emergencies, underscores the 
relevance of these provisions.
    Legal Basis: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155, 
201, 251, 307, 316, 615a-1, 1302(a), and 1302(b).
    Section Number and Title:
    4.3 Communications Providers Covered by the Requirements of this 
Part.
    4.7 Definitions of metrics used to determine the general outage-
reporting threshold criteria.
    4.9 Outage reporting requirements--threshold criteria.

PART 6--ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS 
EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH 
DISABILITIES

Subpart A--Scope--Who must comply with these rules?

    Brief Description: Part 6, subpart A implements section 255 of the 
Telecommunications Act to ensure that people with disabilities have 
access to telecommunications services and related equipment, if readily 
achievable. These rules increase the accessible products and services 
available in the marketplace. section 255 of the Act requires 
manufacturers of ``telecommunications equipment or customer premises 
equipment'' to ensure that such equipment is accessible to and usable 
by individuals with disabilities, if readily achievable, and requires 
providers of a ``telecommunications service'' to ensure that the 
service is accessible to and usable by individuals with disabilities, 
if readily achievable. In 2007, the rules were amended by adding 
paragraphs (d) and (e) to Sec.  6.1, extending those disability access 
requirements that applied to telecommunications service providers and 
equipment manufacturers under section 255 of the Act and 47 CFR part 6, 
to providers of ``interconnected Voice over internet Protocol (VoIP) 
services,'' as defined by the Commission, and to manufacturers of 
specially designed equipment used to provide those services.
    Need: The added rules extend the disability access requirements 
that applied to telecommunications service providers and equipment 
manufacturers under section 255 of the Communications Act of 1934, as 
amended, to providers of ``interconnected Voice over internet Protocol 
services,'' as defined by the Commission, and to manufacturers of 
specially designed equipment used to provide those services.
    Legal Basis: 47 U.S.C. 151-154, 251, 255, and 303(r).
    Section Number and Title:
    6.1(d) Applicability.
    6.1(e) Applicability.

Subpart B--Definitions

    Brief Description: Part 6, Subpart B implements sections 251 and 
255 of the Communications Act of 1934, as amended. In adopting section 
255, Congress sought to ensure that all Americans, including Americans 
with disabilities, benefit from advances in telecommunications services 
and equipment. Section 255 requires providers of telecommunications 
services and manufacturers of telecommunications equipment or customer 
premises equipment to ensure that such services and equipment are 
accessible to and usable by individuals with disabilities, if readily 
achievable. Section 251(a)(2) of the Act prohibits telecommunications 
carriers from installing network features, functions, or capabilities 
that do not comply with the guidelines and standards established 
pursuant to section 255. These rules clarify who must comply with 
requirements covering telecommunications equipment and services and 
define certain terms related to those manufacturers and service 
providers to which the rules apply.
    Need: The rules are intended to facilitate communication by persons 
with disabilities by ensuring that all commonly used communications 
equipment and services are available to and accessible by individuals 
with disabilities, including recently developed equipment and services, 
such as equipment and service used with Voice over internet Protocol 
(VoIP).
    Legal Basis: 47 U.S.C. 151, 152, 251, 255, and 303(r).
    Section Number and Titles:
    6.3(c), (e), (j), (k) Definitions.

PART 8--INTERNET FREEDOM

    Brief Description: Section 8.11(a) provides a definition of 
``broadband internet access service;'' Sec.  8.11(d) provides a 
definition of ``reasonable network management practices.''
    Need: These definitions are needed in connection with Commission 
programs such as the Broadband Data Collection.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 201, 218, 230, 251, 254, 
256, 257, 301, 303, 304, 307, 309, 316, 332, 403, 503, 522, 536, 548, 
and 1302.
    Section Number and Title:
    8.11(a), (d) Transparency.

PART 10--WIRELESS EMERGENCY ALERTS

Subpart A--General Information

    Brief Description: These rules provide the parameters for wireless 
service providers to implement the statutory Commercial Mobile Alert 
System (CMAS), now referred to as Wireless Emergency Alerts (WEA), 
including relevant timeframes and technical parameters associated with 
WEA infrastructure, messaging support, alert tones and similar.
    Need: These provisions support the operation of WEA--a statutory 
component of the Nation's alert and warning system and help ensure the 
timely and accurate transmission of wireless alerts and warnings.
    Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the 
WARN Act.
    Section Number and Title:
    10.20 Purpose.
    10.10 Definitions.
    10.11 CMAS Implementation Timeline.

Subpart C--System Architecture

    10.320 Provider Alert Gateway Requirements.
    10.330 Provider Infrastructure Requirements.
    Brief Description: These rules support the operational changes 
necessary and the implementation/testing requirements for the 
Commercial Mobile Alert System (CMAS), now known as Wireless Emergency 
Alerts (WEA)--a statutory component of the Nation's alert and warning 
system. They direct the installation of necessary equipment, and 
prescribe the parameters for testing the system and keeping record of 
its operation.
    Need: These provisions support the operation of WEA--a statutory 
component of the Nation's alert and warning system and help ensure the 
timely and accurate transmission of wireless alerts and warnings.
    Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the 
WARN Act.
    Section Number and Title:
    10.340 Digital Television Transmission Towers Retransmission 
Capability
    10.350 CMAS Testing Requirements

[[Page 66236]]

Subpart D--Alert Message Requirements

    Brief Description: These rules provide the parameters for wireless 
service providers to implement the statutory Commercial Mobile Alert 
System (CMAS), now referred to as Wireless Emergency Alerts (WEA), 
including relevant timeframes and technical parameters associated with 
WEA infrastructure, messaging support, alert tones and similar.
    Need: These provisions support the operation of WEA--a statutory 
component of the Nation's alert and warning system and help ensure the 
timely and accurate transmission of wireless alerts and warnings.
    Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the 
WARN Act.
    Section Number and Title:
    10.400 Classification.
    10.410 Prioritization.
    10.420 Message Elements.
    10.430 Character Limit.
    10.440 Embedded Reference Prohibition.
    10.450 Geographic Targeting.
    10.470 Roaming.

Subpart E--Equipment Requirements

    Section Number and Title:
    10.500 General Requirements.
    10.510 Call preemption prohibition.
    10.520 Common Audio Attention Signal.
    10.530 Common Vibration Cadence.

PART 11--EMERGENCY ALERT SYSTEM (EAS)

Subpart A--General

    Brief Description: Part 11 sets forth the rules governing the 
Emergency Alert System (EAS).
    Need: The rules are needed to implement the Commission's policies 
and requirements concerning the EAS, which provides Federal, State, 
local, territorial, and Tribal government agencies with the capability 
to provide immediate communications and information to the general 
public regarding emergency situations. EAS is a system for distributing 
emergency alerts by transmitting audio and visual messages over the 
facilities of radio and television broadcasters, cable service 
providers, direct broadcast satellite providers, and other 
participating entities.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 
1201, and 1206.
    Section Number and Title:
    11.2 Definitions.
    11.11(a), (d) The Emergency Alert System (EAS).
    11.21(a) State and Local Area Plans and FCC Mapbook.

Subpart B--Equipment Requirements

    Brief Description: EAS uses a four-part message for an emergency 
activation of the EAS. The four parts are: Preamble and EAS Header 
Codes; audio Attention Signal; message; and Preamble and EAS End of 
Message (EOM) Codes. Subpart B outlines the equipment requirements to 
provide the service.
    Need: These amendments specify up-to-date technology to ensure that 
EAS messages are provided seamlessly, promptly, and accurately.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 
1201, and 1206.
    Section Number and Title:
    11.31 (c), (e), (f) EAS Protocol.
    11.32 (a)(2), (a)(3), (a)(9)(iv) EAS Encoder.
    11.33 (a) introductory text, (a)(1), (a)(4), (a)(7), (a)(11) EAS 
Decoder.
    11.34(d) Acceptability of the equipment.
    11.35(a), (b) Equipment operational readiness.

Subpart C--Organization

    Brief Description: Entities that wish to voluntarily participate in 
the national level EAS may submit a written request to the Chief, 
Public Safety and Homeland Security Bureau. Subpart C provides the 
regulatory organization for EAS.
    Need: The revision provides that All EAS Participants specified in 
Sec.  11.11 are categorized as Participating National (PN) sources and 
must have immediate access to an EAS Operating Handbook.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 
1201, and 1206.
    Section Number and Title:
    11.41 Participation in EAS.

Subpart D--Emergency Operations

    Brief Description: Analog and digital broadcast stations must 
transmit, either automatically or manually, national level EAS messages 
and required tests by sending the EAS header codes, Attention Signal, 
emergency message and End of Message (EOM) codes using the EAS 
Protocol. Subpart D outlines Emergency operations.
    Need: The revisions provide for modernizing the EAS to make it 
capable of processing Common Alerting Protocol (CAP) formatted alert 
messages is necessary and consistent with the Commission's statutory 
goals, because a CAP-based EAS will be more flexible and robust than 
the current system. In this regard, we observe that the rules we adopt 
today will integrate the EAS with the Federal Emergency Management 
Agency's (FEMA) Integrated Public Alert and Warning System (IPAWS). 
This will allow authorized alert initiators to issue alerts that will 
be delivered simultaneously by the EAS as well as the Personal 
Localized Alerting Network (PLAN). A CAP-based EAS will also be 
compatible with the many State alerting systems that are switching to 
CAP.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 
1201, and 1206.
    Section Number and Title:
    11.51(a), (c), (d), (g)(3), (h)(3), (i), (j) introductory text, 
(j)(2), (m), (p) EAS code and Attention Signal Transmission 
requirements.
    11.52(a), (d), (e) introductory text, (e)(2) EAS code and Attention 
Signal Monitoring requirements.
    11.54 EAS operation during a National Level emergency.
    11.55(a), (c) introductory text, (c)(3) and (4), (c)(7) and (8), 
(d) EAS operation during a State or Local Area emergency.
    11.56 Obligation to process CAP-formatted EAS messages.

Subpart E--Tests

    Brief Description: Subpart E sets forth the rules governing testing 
of the Emergency Alert System (EAS).
    Need: The EAS is subject to weekly and monthly tests at the State 
and local level, such tests may not expose vulnerabilities in 
functioning or gaps in nationwide coverage. For example, EAS PEP 
station operational and maintenance requirements are the responsibility 
of FEMA, which tests the PEP stations but typically does not test other 
stations. The NWS tests its own National Weather Radio (NWR) facilities 
independently or as integrated with State and local level emergency 
alert delivery architectures, but again, its focus is solely on the 
proper operation of NWS/NWR facilities as those facilities interact 
with State and local EAS architectures. State EOC facilities are 
maintained by their respective State officials. None of these entities 
has been responsible for ``top-to-bottom'' national testing of EAS. 
Sections 11.61 (a), (a)(1)(i), (a)(2)(ii), (a)(3), and (b) provide for 
more complete testing including end to end testing.
    Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 
1201, and 1206.
    Section Number and Title:
    11.61(a) introductory text, (a)(1)(i), (a)(2)(ii), (a)(3), (b) 
Tests of EAS procedures.

[[Page 66237]]

PART 14--ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT 
BY PEOPLE WITH DISABILITIES

Subpart A--Scope

    Brief Description: Part 14 implements the requirements of section 
716 of the Communications Act of 1934, as amended, which requires 
providers of advanced communication services (ACS) and manufacturers of 
equipment used for ACS to make their products accessible to people with 
disabilities, unless accessibility is not achievable. The Commission 
also adopts rules to implement section 717 of the Communications Act of 
1934, as amended, which requires the Commission to establish new 
recordkeeping and enforcement procedures for manufacturers and 
providers subject to sections 255, 716 and 718. Part 14 requires 
manufacturers and service providers subject to section 716 to comply 
with the requirements of section 716 either by building accessibility 
features into their equipment or service or by relying on third party 
applications or other accessibility solutions. If accessibility is not 
achievable by building in accessibility or relying on third party 
applications or other accessibility solutions, manufacturers and 
service providers must make their products compatible with existing 
peripheral devices or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, unless that is 
not achievable. Part 14 includes a temporary self-executing exemption 
for small businesses to avoid the possibility of unreasonably burdening 
small and entrepreneurial innovators during the initial compliance 
period. Part 14 also establishes procedures to facilitate the filing of 
formal and informal complaints.
    Need: Part 14 implements Congress' mandate that people with 
disabilities have access to advanced communications services (ACS) and 
ACS equipment. Specifically, these rules implement sections 716 and 717 
of the Communications Act of 1934, as amended, which were added by the 
``Twenty-First Century Communications and Video Accessibility Act of 
2010'' (CVAA). ACS plays a fundamental role in today's world, and these 
rules remain necessary to ensure that people with disabilities can 
access ACS services and equipment to fully participate in business, 
family, social, and other activities. The temporary self-executing 
exemption for small businesses expired on October 8, 2013, is no longer 
needed and may be deleted.
    Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 
617, and 618.
    Section Number and Titles:
    14.1 Applicability.
    14.2 Limitations.
    14.3 Exemption for Customized Equipment or Services.
    14.4 Exemption for Small Entities.
    14.5 Waivers--Multi-purpose Services and Equipment.

Subpart B--Definitions

    Brief Description: Part 14 implements the requirements of section 
716 of the Communications Act of 1934, as amended, which requires 
providers of advanced communication services (ACS) and manufacturers of 
equipment used for ACS to make their products accessible to people with 
disabilities, unless accessibility is not achievable. The Commission 
also adopts rules to implement section 717 of the Communications Act of 
1934, as amended, which requires the Commission to establish new 
recordkeeping and enforcement procedures for manufacturers and 
providers subject to sections 255, 716 and 718. Part 14 requires 
manufacturers and service providers subject to section 716 to comply 
with the requirements of section 716 either by building accessibility 
features into their equipment or service or by relying on third party 
applications or other accessibility solutions. If accessibility is not 
achievable by building in accessibility or relying on third party 
applications or other accessibility solutions, manufacturers and 
service providers must make their products compatible with existing 
peripheral devices or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, unless that is 
not achievable. Part 14 also establishes procedures to facilitate the 
filing of formal and informal complaints.
    Need: Part 14 implements Congress' mandate that people with 
disabilities have access to advanced communications services (``ACS'') 
and ACS equipment. Specifically, these rules implement sections 716 and 
717 of the Communications Act of 1934, as amended, which were added by 
the ``Twenty-First Century Communications and Video Accessibility Act 
of 2010'' (CVAA). ACS plays a fundamental role in today's world, and 
these rules remain necessary to ensure that people with disabilities 
can access ACS services and equipment to fully participate in business, 
family, social, and other activities.
    Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 
617, and 618.
    Section Number and Titles:
    14.10 Definitions.

Subpart C--Implementation Requirements--What must covered entities 
do?

    Brief Description: Part 14 implements the requirements of section 
716 of the Communications Act of 1934, as amended, which requires 
providers of advanced communication services (ACS) and manufacturers of 
equipment used for ACS to make their products accessible to people with 
disabilities, unless accessibility is not achievable. The Commission 
also adopts rules to implement section 717 of the Communications Act of 
1934, as amended, which requires the Commission to establish new 
recordkeeping and enforcement procedures for manufacturers and 
providers subject to sections 255, 716 and 718. Part 14 requires 
manufacturers and service providers subject to section 716 to comply 
with the requirements of section 716 either by building accessibility 
features into their equipment or service or by relying on third party 
applications or other accessibility solutions. If accessibility is not 
achievable by building in accessibility or relying on third party 
applications or other accessibility solutions, manufacturers and 
service providers must make their products compatible with existing 
peripheral devices or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, unless that is 
not achievable. Part 14 also establishes procedures to facilitate the 
filing of formal and informal complaints.
    Need: Part 14 implements Congress' mandate that people with 
disabilities have access to advanced communications services (ACS) and 
ACS equipment. Specifically, these rules implement sections 716 and 717 
of the Communications Act of 1934, as amended, which were added by the 
``Twenty-First Century Communications and Video Accessibility Act of 
2010'' (CVAA). ACS plays a fundamental role in today's world, and these 
rules remain necessary to ensure that people with disabilities can 
access ACS services and equipment to fully participate in business, 
family, social, and other activities.
    Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 
617, and 618.
    Section Number and Titles:
    14.20 Obligations.
    14.21 Performance Objectives.

[[Page 66238]]

Subpart D--Recordkeeping, Consumer Dispute Assistance, and 
Enforcement

    Brief Description: Part 14 implements the requirements of section 
716 of the Communications Act of 1934, as amended, which requires 
providers of advanced communication services (ACS) and manufacturers of 
equipment used for ACS to make their products accessible to people with 
disabilities, unless accessibility is not achievable. The Commission 
also adopts rules to implement section 717 of the Communications Act of 
1934, as amended, which requires the Commission to establish new 
recordkeeping and enforcement procedures for manufacturers and 
providers subject to sections 255, 716 and 718. Part 14 requires 
manufacturers and service providers subject to section 716 to comply 
with the requirements of section 716 either by building accessibility 
features into their equipment or service or by relying on third party 
applications or other accessibility solutions. If accessibility is not 
achievable by building in accessibility or relying on third party 
applications or other accessibility solutions, manufacturers and 
service providers must make their products compatible with existing 
peripheral devices or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, unless that is 
not achievable. Part 14 also establishes procedures to facilitate the 
filing of formal and informal complaints.
    Need: Part 14 implements Congress' mandate that people with 
disabilities have access to advanced communications services (``ACS'') 
and ACS equipment. Specifically, these rules implement sections 716 and 
717 of the Communications Act of 1934, as amended, which were added by 
the ``Twenty-First Century Communications and Video Accessibility Act 
of 2010'' (CVAA). ACS plays a fundamental role in today's world, and 
these rules remain necessary to ensure that people with disabilities 
can access ACS services and equipment to fully participate in business, 
family, social, and other activities.
    Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 
617, and 618.
    Section Number and Titles:
    14.30 Generally.
    14.31 Recordkeeping.
    14.32 Consumer Dispute Assistance.
    14.33 Informal or formal complaints.
    14.34 Informal complaints; form, filing, content, and consumer 
assistance.
    14.35 Procedure; designation of agents for service.
    14.36 Answers and replies to informal complaints.
    14.37 Review and disposition of informal complaints.
    14.38 Formal Complaints; General pleading requirements.
    14.39 [superseded by subpart E of part 1, 1.722] Format and content 
of formal complaints.
    14.40 [superseded by subpart E of part 1, 1.723] Damages.
    14.41 [superseded by subpart E of part 1, 1.725] Joinder of 
complainants and causes of action.
    14.42 [superseded by subpart E of part 1, 1.726]
    14.43 [superseded by subpart E of part 1, 1.727] Cross-complaints 
and counterclaims.
    14.44 [superseded by subpart E of part 1, 1.728] Replies.
    14.45 [superseded by subpart E of part 1, 1.729] Motions.
    14.46 [superseded by subpart E of part 1, 1.721(r) and (s)] Formal 
complaints not stating a cause of action; defective pleadings.
    14.47 [superseded by subpart E of part 1, 1.730] Discovery.
    14.48 [superseded by subpart E of part 1, 1.731] Confidentiality of 
information produced or exchanged by the parties.
    14.49 [superseded by subpart E of part 1, 1.732] Other required 
written submissions.
    14.50 [superseded by subpart E of part 1, 1.733] Status conference.
    14.51 [superseded by subpart E of part 1, 1.49 through 1.52] 
Specifications as to pleadings, briefs, and other documents; 
subscription.
    14.52 [superseded by subpart E of part 1, 1.734] Copies; service; 
separate filings against multiple defendants.

PART 15--RADIO FREQUENCY DEVICES

Subpart A--General

    Brief Description: These rules set forth the definitions for 
various terms and the measurement procedures that must be used to 
determine whether devices comply with the Commission's RF emissions 
limits. These rules cover, among other devices, Broadband Power Line 
(BPL) devices, Unlicensed Personal Communications Service (UPCS) 
devices, and field disturbance sensors.
    Need: These rules are needed to allow operators of devices, 
including Broadband Power Line (BPL) devices, Unlicensed Personal 
Communications Service (UPCS) devices, and field disturbance sensors, 
to accurately measure and determine whether their devices comply with 
the Commission's RF emissions limits.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.
    Section Number and Title:
    15.3(hh) Definitions.
    15.31(a)(2), (f)(2) and (3) Measurement standards.
    15.35(b) Measurement detector functions and bandwidths.
    15.38 Incorporation by reference.

Subpart C--Intentional Radiators

    Brief Description: Section 15.212 defines the different types of 
modular transmitters and sets forth the requirements for obtaining 
approval for these devices under Part 15 of the Commission's rules.
    Need: These rules are needed to provide efficient equipment 
authorization procedures for modular transmitter devices, enabling 
manufacturers to develop more advanced unlicensed transmitter 
technologies without causing harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:
    15.212 Modular transmitters.

Subpart D--Unlicensed Personal Communications Service Devices

    Brief Description: These rules set forth general technical 
requirements for Unlicensed Personal Communications Service (UPCS) 
devices, and specific requirements for UPCS devices operating in the 
1920-1930 MHz band.
    Need: These rules are needed to ensure UPCS devices operate as 
intended and do not cause harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:
    15.319(b) General technical requirements.
    15.323(a), (c)(5), (d), (e) Specific requirements for devices 
operating in the 1920-1930 MHz band.

Subpart G--Access Broadband Over Power Line (Access BPL)

    Brief Description: Section 15.611 sets forth general technical 
requirements for Broadband Power Line (BPL) systems. Paragraph (c) of 
this section specifies the interference mitigation and avoidance 
requirements for BPL systems. Paragraph (c)(1)(i) of this section 
clarifies that for frequencies below 30 MHz, when a notch filter is 
used to avoid interference to a specific band, the BPL system must be 
capable of attenuating emissions within that band to a level at least 
25 dB below the applicable part 15 limits.

[[Page 66239]]

    Need: This rule clarifies what steps a Broadband Power Line (BPL) 
system operator must take to avoid causing harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.
    Section Number and Title:
    15.611(c)(1)(i) General technical requirements.

Subpart H--White Space Devices

    Brief Description: These rules specify how White Space Devices may 
operate safely in certain bands. These rules cover the scope of subpart 
H, definitions, cross references, user information, permissible 
channels of operation, general technical requirements, interference 
avoidance methods, interference protection requirements, white space 
databases, database administration fees, database administrators, and 
white space devices that rely on spectrum sensing.
    Need: These rules enable white space devices to operate on an 
unlicensed basis using television channels that are vacant in certain 
markets without causing harmful interference.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
    Section Number and Title:
    15.701 Scope.
    15.703 Definitions.
    15.705 Cross reference.
    15.706 Information to the user.
    15.707 Permissible channels of operation.
    15.709 General technical requirements.
    15.711 Interference avoidance methods.
    15.712 Interference protection requirements.
    15.713 White space database.
    15.714 White space database administration fees.
    15.715 White space database administrator.
    15.717 White space devices that rely on spectrum sensing.

PART 20--COMMERICAL MOBILE SERVICES

    Brief Description: Part 20 rules set forth the Commission's 
requirements and conditions for commercial mobile radio service 
providers under the Communications Act of 1934, as amended. Section 
20.12(d) requires host carriers to provide automatic roaming to 
technologically compatible, facilities-based CMRS carriers on 
reasonable and not unreasonably discriminatory terms and conditions. 
Sections 20.12(a)(3) and (e) require facilities-based providers of 
commercial mobile data services to offer roaming arrangements to other 
such providers on commercially reasonable terms, subject to certain 
limitations. Section 20.19 requires wireless handset manufacturers and 
terrestrial mobile service providers to make available to consumers a 
minimum number of handsets that meet specified technical criteria for 
hearing aid compatibility and to disclose certain information to 
consumers about a handset's hearing aid compatibility.
    Need: Section 20.12 is needed on an ongoing basis to implement the 
Commission's interconnection regulations between local exchange 
carriers and commercial mobile radio providers. Section 20.19 is needed 
on an ongoing basis to ensure reasonable access to commercial mobile 
services by persons with impaired hearing, as required under 47 U.S.C. 
610.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316, 316(a), 332, 610, 615, 615(a), 615(b), and 615(c), 
unless otherwise noted.
    Section Number and Title:
    20.12(a)(3), (d), (e) Resale and roaming.
    20.19(a)(3)(i), (b)(3), (c) introductory text, (c)(1)(ii)(C), 
(e)(1)(ii) and (iii), (f)(2) introductory text, (f)(2)(iii), (f)(3), 
(l) Hearing aid-compatible mobile handsets.

PART 25--SATELLITE COMMUNICATIONS

Subpart B--Applications and Licenses

    Brief Description: Part 25 contains the Commission's rules 
governing the licensing and operation of space stations and earth 
stations. It includes application requirements, technical requirements, 
operational requirements, and coordination requirements for various 
satellite services. The rules also define the Commission's processing 
of applications.
    Need: Part 25 rules are needed to ensure that satellite services 
may be provided without harmful interference and consistent with the 
public interest.
    Legal Basis: 47 U.S.C. 154, 157, 301, 302, 303, 307, 309, 310, 316, 
319, 332, 605, and 701-744.
    Section Number and Title:
    25.114 Applications for space station authorizations.
    25.115 Applications for earth station authorizations,
    25.130 Filing requirements for transmitting earth stations.
    25.132 Verification of earth station antenna performance standards.
    25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) 
and C-band Small Aperture Terminal (CSAT) networks.
    25.138 Blanket Licensing provisions of GSO FSS Earth Stations in 
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-
28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.
    25.149 Application requirements for ancillary terrestrial 
components in Mobile-Satellite Service networks operating in the 1.5/
1.6 GHz and 1.62/2.4 GHz Mobile Satellite Service.
    25.201 Definitions.

Subpart C--Technical Standards

    25.202 Frequencies, frequency tolerance and emission limits.
    25.203 Choice of sites and frequencies.
    25.204 Power limits for earth stations.
    25.205 Minimum antenna elevation angle.
    25.209 Earth station antenna performance standards.
    25.212 Narrowband analog transmissions, digital transmissions, and 
video transmissions in the GSO Fixed-Satellite Services.
    25.218 Off-axis EIRP density envelopes for FSS earth station 
transmitting in certain frequency bands.
    25.220 Non-routine transmit/receive earth station operations.
    25.221 Blanket Licensing provisions for Earth Stations on Vessels 
(ESVs) receiving in the 3700-4200 MHz (space-to-Earth) band and 
transmitting in the 5925-6425 MHz (Earth-to-space) band, operating with 
GSO Satellites in the Fixed-Satellite Service.
    25.222 Blanket Licensing provisions for Earth Station on Vessels 
(ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz 
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and 
transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band, 
operating with Geostationary Orbit (GSO) Satellites in the Fixed-
Satellite Service.
    25.226 Blanket licensing provisions for domestic, U.S. VMESs 
operating with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 
GHz, 11.7-12.2 GHz, and 14.0-14.5 GHz bands.
    25.254 Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483-2500 MHz bands.
    25.264 Requirements to facilitate reverse-band operation in the 
17.3-17.8 GHz band of 17/24 GHz BSS and DBS Service space stations.

Subpart D--Technical Operations

    25.271 Control of transmitting stations.

[[Page 66240]]

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

Subpart B--Applications and Licenses

    Brief Description: Part 27 contains service and licensing rules for 
Miscellaneous Wireless Communications Services. Subpart B establishes 
application and licensing requirements applicable to a number of 
spectrum bands, including among others, 700 MHz (698-746, 746-758, 775-
788, and 805-806 MHz); Advanced Wireless Service (AWS) (1710-1755, 
2110-2155, 1695-1710, 1755-1780, and 2155-2180 MHz); Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (2150-2160 and 
2496-2690 MHz); and Wireless Communications Service (WCS) (2305-2320 
and 2345-2360 MHz).
    Need: The revised rules specify license periods for BRS and EBS 
(27.13 (h)); construction requirements for 700 MHz, BRS and EBS, and 
WCS (27.14 (g)-(p)); and network access requirements for Block C in the 
746-757 and 776-787 MHz bands (27.16). The need for these rules is 
ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.
    Section Number and Title:
    27.13(h) License period.
    27.14(g) through (p) Construction requirements.
    27.16 Network access requirements for Block C in the 746-757 and 
776-787 MHz bands.

Subpart C--Technical Standards

    Brief Description: Part 27 contains service and licensing rules for 
Miscellaneous Wireless Communications Services. Subpart C contains 
technical standards applicable to a number of services and frequency 
bands.
    Need: The additional rules provide for: (1) permissible power and 
antenna heights; (2) emission limitations; (3) Power flux density 
limits; (4) efficient deployment of and coexistence between WCS 
licensees and SDARS licensees; and (5) WCS licensees to take all 
practicable steps necessary to minimize the risk of harmful 
interference to AMT and DSN facilities. The need for these rules is on-
going.
    Legal Basis: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452.
    Section Number and Title:
    27.50 Table 2, Table 3, Table 4--Permissible Power and Antenna 
Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-
763 MHz, 776-787 MHz and 788-793 MHz Bands.
    27.53(d), (e)(1) through (5) Emission limits.
    27.55(c) Power strength limits.
    27.72 Information sharing requirements.
    27.73 WCS, AMT, and Goldstone coordination requirements.

Subpart M--Broadband Radio Service and Educational Broadband 
Service

    Brief Description: Part 27 contains service and licensing rules for 
Miscellaneous Wireless Communications Services. Subpart M contains 
specific rules applicable to the Broadband Radio Service (BRS) and 
Educational Broadband Service (EBS) that operate in the 2500-2690 MHz 
band.
    Need: The rules establish competitive bidding and designated entity 
rules for BRS and EBS. The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.
    Section Number and Title:
    27.1217 Competitive bidding procedures for the Broadband Radio 
Service and the Educational Broadband Service.
    27.1218 Broadband Radio Service designated entity provisions.

PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES 
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, 
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES

Subpart A--General

    Brief Description: Section 36.4 sets out streamlining procedures 
for processing petitions for waiver of the Commission's freeze of Local 
Exchange Carrier study area boundaries.
    Need: These rules enable the Commission to more efficiently and 
effectively process petitions for waiver of the study area freeze.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303(r), 332, 403, and 1302, and Sec. Sec.  1.1 and 
1.1421 of the Commission's rules, 47 CFR 1.1, 1.421.
    Section Number and Title:
    36.4 Streamlining procedures for processing petitions for waiver of 
study area boundaries.

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF 
INTERNATIONAL INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES 
AND CERTAIN AFFILIATES

    Brief Description: Part 43 sets forth reporting requirements for 
common carriers. During the relevant review period, the Commission 
eliminated the following outdated and unnecessary reporting 
requirements related to international telecommunications traffic for 
which the burdens on U.S. international service providers now outweigh 
the benefits: (1) the quarterly traffic and revenue reports for large 
carriers; (2) the quarterly traffic and revenue reports for foreign-
affiliated switched resale carriers; (3) the circuit-addition report 
for carriers that have been certified as resellers of private lines; 
(4) the telegraph toll division report for carriers that provide 
international telegraph service; and (5) the requirement for carriers 
holding international section 214 authorizations to file a traffic and 
revenue report or circuit-status report for traffic between the 
continental United States and off-shore U.S. points (e.g., Guam or the 
U.S. Virgin Islands) or between off-shore U.S. points, or to file 
separate reports for off-shore U.S. points.
    Need: In modifying its rules, the Commission ensures that its data 
collections match its data needs while avoiding unnecessary or 
excessive burdens on entities subject to Commission authority.
    Legal Basis: 47 U.S.C. 35-39, 154, 211, 219, and 220.
    43.53 [Removed] Reports regarding division of international toll 
communication charges.
    43.61(a) through (c) [Removed] Reports of international 
telecommunications traffic.
    43.82(a) International circuit status report.

PART 51--INTERCONNECTION

Subpart H--Reciprocal Compensation for Transport and Termination of 
Telecommunications Traffic

    Brief Description: The purpose of Subpart H is to establish rules 
governing the transition of intercarrier compensation from a calling-
party's-network pays system to a default bill-and-keep methodology--and 
confirms that, after the transition, the exchange of telecommunications 
traffic between and among service providers will, by default, be 
governed by bill-and-keep arrangements.

[[Page 66241]]

    Need: Theses rules establish the context for Subpart H and support 
the implementation of bill-and-keep as the ultimate uniform, national 
methodology for all telecommunications traffic exchanged with a Local 
Exchange Carrier.
    Legal Basis: 47 U.S.C. 151-55, 157, 201-05, 207-09, 218, 220, 225-
227, 251-254, 256, 271, 303(r), 332, and 1302, 47 U.S.C. 157 note, 
unless otherwise noted.
    Section Number and Title:
    51.700 Purpose of this subpart.
    51.701(b)(3) Scope of transport and termination pricing rules.

Subpart J--Transitional Access Service Pricing

    Brief Description: Sections 51.901 through 51.919 govern the 
transition of intercarrier compensation from a calling-party's-network 
pays system to a default bill-and-keep methodology for 
telecommunications traffic exchanged between telecommunications 
providers; that is interstate or intrastate exchange access, 
information access, or exchange services for such access, other than 
special access.
    Need: Theses rules facilitate implementation of bill-and-keep as 
the national methodology for all telecommunications traffic exchanged 
between telecommunications providers; that is interstate or intrastate 
exchange access, information access, or exchange services for such 
access, other than special access.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303(r), 332, 403, and 1302; 47 CFR 1.1, 1.421
    Section Number and Title:
    51.901 Purpose and scope of transitional access service pricing 
rules.
    51.903 Definitions.
    51.905 Implementation.
    51.907 Transition of price cap carrier access charges.
    51.909 Transition of rate-of-return carrier access charges.
    51.911 Access reciprocal compensation rates for competitive LECs.
    51.913 Transition for VoIP-PSTN traffic.
    51.915 Recovery mechanism for price cap carriers.
    51.917 Revenue recovery for Rate-of-Return Carriers.
    51.919 Reporting and monitoring.

PART 52--NUMBERING

Subpart C--Number Portability

    Brief Description: Section 52.23(h) establishes requirements for 
porting telephone numbers from a wireline carrier to a wireless 
carrier. Section 52.34 establishes obligations regarding local number 
porting to and from interconnected VoIP or internet-based TRS 
providers. Section 52.35 establishes porting intervals when 
transferring a customer's telephone number between two wireline 
providers; a wireline and wireless provider; or an interconnected Voice 
over internet Protocol (VoIP) provider and any other service provider. 
Section 52.36 specifies standard data fields that may be required from 
customers for simple port order processing.
    Need: These rules facilitate prompt transfers of telephone numbers 
by standardizing the data to be exchanged when transferring a 
customer's telephone number between two wireline providers; a wireline 
and wireless provider; or an interconnected Voice over internet 
Protocol (VoIP) provider and any other service provider. The rules also 
mandate one-business day porting intervals to ensure that consumers are 
able to port their telephone numbers efficiently and to enhance 
competition for all communications services.
    Legal Basis: 47 U.S.C. 151, 154(i)-(j), 251, and 303(r).
    Section Number and Title:
    52.23(h) Deployment of long-term database methods for number 
portability by LECs.
    52.35 Porting intervals.
    52.36 Standard data fields for simple port order processing.

PART 54--UNIVERSAL SERVICE

Subpart D--Universal Service Support for High Cost Areas

    Brief Description: Section 54.302 establishes a per-line limit on 
universal service monthly support. The provisions in section 54.304 
govern data submission requirements for, and payment of CAF ICC support 
to, eligible rate-of-return and price-cap carriers. Section 54.307(e) 
establishes the current methodology for determining Competitive 
Eligible Telecommunications Carrier high-cost support. Section 54.312 
sets out rules for legacy high-cost support in price-cap territories 
before, during and after the Connect America Fund Phase II and Rural 
Digital Opportunity Fund Phase I auctions.
    Need: These rule sections specify reporting and payment processes 
integral to the Commission's high-cost program.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303I, 332, 403, and 1302.
    Section Number and Title:
    54.302 Monthly per-line limit on universal service support.
    54.304 Administration of Connect America Fund Intercarrier 
Compensation Replacement.
    54.307(e) Support to a competitive eligible telecommunications 
carrier.
    54.312 Connect America Fund for Price Cap Territories--Phase I.

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

    Brief Description: Section 54.404 details requirements and 
processes applicable to the National Lifeline Accountability Database, 
which allows service providers to enroll Lifeline eligible consumers in 
the program and manage their subscribers. Section 54.405(e) details the 
process for Eligible Telecommunications Carriers to de-enroll a 
Lifeline subscriber where there is a reasonable basis for the ETC to 
believe that the subscriber no longer meets the criteria to be 
considered a qualifying low-income consumer for purposes of the 
Lifeline program. Section 54.414 provides that only ETCs that receive 
high-cost support may receive Link Up, specifies requirements for 
determining a resident of rural Tribal lands' initial eligibility for 
Link Up, and establishes recordkeeping requirements that must be met 
for ETCs to receive reimbursement for providing Tribal Link Up. Section 
54.419 provides that electronic signatures have the same legal effect 
as written signatures for purposes of Subpart E. Section 54.420 sets 
out requirements for obtaining third-party biennial audits of their 
compliance with subpart E requirements. Section 54.422 establishes 
annual reporting requirements applicable to ETC receiving low-income 
support.
    Need: These rules comprise key elements of the Lifeline and Tribal 
Link Up programs, including provisions for verification of eligibility 
for the programs and auditing and reporting requirements to support 
Commission oversight.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303(r), 332, 403, and 1302.
    Section Number and Title:
    54.404 The National Lifeline Accountability Database.
    54.405(e) Carrier obligation to offer Lifeline.
    54.414 Reimbursement for Tribal Link Up.
    54.419 Validity of electronic signatures.
    54.420 Low income program audits.

[[Page 66242]]

    54.422 Annual reporting for eligible telecommunications carriers 
that receive. low-income support.

Subpart F--Universal Service for Rural Health Care Program

    Brief Description: These rules establish the framework for the 
Healthcare Connect Fund of the Rural Health Care Program, including the 
criteria for what recipients, services, and equipment are deemed 
eligible in the program, the requirement that health care providers 
contribute to the total cost of eligible expenses, and requirements for 
data collection and reporting.
    Need: These rules facilitate the administration of the Health Care 
Connect Fund, which provides support for high-capacity broadband 
connectivity to eligible health care providers and encourages the 
formation of State and regional broadband health care provider 
networks.
    Legal Basis: 47 U.S.C. 151, 152, 154(i)-(j), 201(b), and 254.
    Section Number and Title:
    54.600 Terms and definitions.
    54.601(b) Health care provider eligibility.
    54.602 Health care support mechanism.
    54.607 (formerly 54.630) Eligible recipients.
    54.609 (formerly 54.631) Designation of consortium leader.
    54.610 (formerly 54.632) Letters of agency (LOA).
    54.611 (formerly 54.633) Health care provider contribution.
    54.612 (formerly 54.634) Eligible services.
    54.613 (formerly 54.635) Eligible equipment.
    54.614 (formerly 54.636) Eligible participant-constructed and owned 
network facilities for consortium applicants.
    54.615 (formerly 54.637) Off-site data centers and off-site 
administrative offices.
    54.616 (formerly 54.638) Upfront payments.
    54.617 (formerly 54.639) Ineligible expenses.
    54.618 (formerly 54.640) Data collection and reporting.
    54.622 (formerly 54.642) Competitive bidding requirement and 
exemptions.

Subpart L--Mobility Fund and 5G Fund

    Brief Description: Sections 54.1001 through 54.1010 establish the 
regulatory framework for the Mobility Fund--Phase I, the first 
universal service mechanism dedicated to ensuring availability of 
mobile broadband networks in areas where a private-sector business case 
is lacking. These rules established necessary elements of the Mobility 
Fund--Phase I, including the geographic areas eligible for support, the 
application process, public interest obligations, and record retention 
and reporting requirements.
    Need: These rules were necessary to facilitate the administration 
of the Mobility Fund--Phase I, which provided immediate one-time 
support to accelerate the deployment of mobile broadband and voice 
service to unserved areas.
    Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 
251, 252, 254, 256, 303(r), 332, 403, and 1302.
    Section Number and Title:
    54.1001 Mobility Fund--Phase I.
    54.1002 Geographic areas eligible for support.
    54.1003 Provider eligibility.
    54.1004 Service to Tribal Lands.
    54.1005 Application process.
    54.1006 Public interest obligations.
    54.1007 Letter of credit.
    54.1008 Mobility Fund Phase I disbursements.
    54.1009 Annual reports.
    54.1010 Record retention for Mobility Fund Phase I.

PART 61--TARIFFS

Subpart B--Rules for Electronic Filing

    Brief Description: These rules require electronic tariff filing, 
using the Commission's Electronic Tariff Filing System, for all tariff 
filers for their tariffs, tariff revisions, Base Documents, and 
associated documents, including applications for special permission, 
and petitions and replies to petitions against tariff filings. Sections 
61.13 and 61.51 define the scope of electronic filing requirements to 
apply to all issuing carries that file tariffs. Sections 61.14-61.17 
establish procedures applicable to tariff filings to which electronic 
filing requirements apply.
    Need: By requiring all tariff filers to file electronically, these 
rules create a more open, transparent, and efficient flow of 
information to the public, and benefit the public, carriers, and the 
Commission by creating a uniform system providing online access to all 
carrier tariffs filed with the Commission.
    Legal Basis: 47 U.S.C. 151, 154(i), 201-205, and 226(h)(1)(A).
    Section Number and Title:
    61.13 Scope.
    61.14 Method of filing publications.
    61.15 Letters of transmittal and cover letters.
    61.16 Base documents.
    61.17 Applications for special permission.

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

    Brief Description: Part 63 sets forth, among other things, the 
processes, requirements, and conditions applicable to international 
section 214 applications and authorizations to provide global 
facilities-based and global resale services. During the relevant review 
period, the Commission modified the rules and procedures to, among 
other things, reduce the notice period for the discontinuance of 
international services, clarified the rules governing the provision of 
international roaming service by U.S. Commercial Mobile Radio Service 
(CMRS) carriers, and made changes to the de jure control of an 
international section 214 authorization holder and the treatment of 
asset acquisitions. The Commission also eliminated the requirement to 
submit circuit-additions report.
    Need: These rules provide the applicable framework and establish 
the general applications, procedures, conditions, and restrictions for 
the provision of U.S.-international telecommunications services.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 
403, and 571, unless otherwise noted.
    Section Number and Title:
    63.18(e)(2) introductory text Contents of applications for 
international common carriers.
    63.19(a)(1) and (2) Special procedures for discontinuances of 
international services.
    63.23(c); (e) [Removed]; (f) redesignated as new (e) Resale-based 
international common carriers.
    63.24(b) note; (c) Assignments and transfers of control.
    Brief Description: Sections 63.60(a), (b)(3), (e) and (g) extend to 
providers of interconnected VoIP service the discontinuance obligations 
that apply to domestic non-dominant telecommunications carriers under 
section 214 of the Communications Act.
    Need: These rule sections protect consumers of interconnected VoIP 
service from abrupt discontinuance, reduction, or impairment of their 
service without notice.
    Legal Basis: 47 U.S.C. 151, 154(i)-(j), 214, and 303(r).
    Section Number and Title:

[[Page 66243]]

    63.60(a), (b)(3), (e), (g) Definitions.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

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

    Brief Description: Part 64, Subpart F implements section 225 of the 
Communications Act of 1934, as amended. Section 225 codifies Title IV 
of the Americans with Disabilities Act of 1990 (ADA) which requires 
that the Commission ensure telecommunications relay services (TRS) are 
available, ``to the extent possible and in the most efficient manner,'' 
to individuals with hearing or speech disabilities in the United 
States. Section 225 defines ``TRS'' as telephone transmission services 
that provide the ability for an individual who is deaf, hard of 
hearing, deaf-blind, or who has a speech disability to engage in 
communication by wire or radio with one or more individuals, in a 
manner functionally equivalent to the ability of a hearing individual 
who does not have a speech disability to communicate using voice 
communication services by wire or radio. The rules provide minimum 
functional, operational, and technical standards for TRS programs. The 
rules give states a significant role in ensuring the availability of 
TRS by treating carriers as compliant with their statutory obligations 
if they operate in a state that has a relay program certified as 
compliant by the Commission. The rules also establish a cost recovery 
and a carrier contribution mechanism (TRS Fund) for the provision of 
interstate TRS and require states to establish cost recovery mechanisms 
for the provision of intrastate TRS. In 2007 and 2008, the rules were 
amended by adding paragraphs (a)(3), (a)(9) (which has been 
redesignated as (a)(10)), (a)(11) (which has been redesignated as 
(a)(13)), (a)(12) (which has been redesignated as (a)(14)), (a)(13) 
(which has been redesignated as (a)(17)), (a)(15) (which has been 
redesignated as (a)(21)), (a)(17) (which has been redesignated as 
(a)(22)), (a)(18) (which has been redesignated as (a)(22)), (a)(24) 
(which has been redesignated as (a)(27)), (a)(25) (which has been 
redesignated as (a)(28)), and (b) to Sec.  64.601 defining terms and 
extending the TRS requirements contained in Sec.  64.601 to providers 
of interconnected VoIP services. Section 64.605 (which has been 
redesignated as Sec.  9.14) was also added to ensure that emergency 
calls placed by internet-based TRS users will be routed directly and 
automatically to the appropriate emergency services authorities by 
internet-based TRS providers. Section 64.611 was added to (1) allow the 
internet-based TRS provider to take steps to associate the internet-
based TRS user's telephone number with their IP address to allow for 
the routing and completion of calls; (2) to facilitate the provision of 
911 service; and (3) to facilitate the implementation of appropriate 
network security measures. Furthermore, section 64.613 was added in 
order to establish a uniform ten-digit numbering system for internet-
based forms of TRS: (1) a means for NANP numbers to be assigned to 
internet-based TRS users and (2) a central numbering directory 
mechanism that maps each NANP telephone number assigned to an internet-
based TRS user to the appropriate internet address.
    Section 64.610 of Part 64, Subpart F implements the pilot National 
Deaf-Blind Equipment Distribution Program (NDBEDP). The NDBEDP was 
established to enable low-income individuals who are deafblind to 
access Twenty-First Century communications services. The two-year pilot 
program, which was extended for three additional years, helped ensure 
that qualified individuals who are deafblind have specialized customer 
premises equipment designed to access the internet and advanced 
communications. Section 64.611(e) prohibits Video Relay Service and IP 
Relay providers from assigning or issuing toll-free numbers to their 
customers and requires that, upon request of a customer, VRS and IP 
Relay providers transfer any already assigned toll-free numbers to a 
toll-free service provider or Responsible Organization (RespOrg).
    Need: The rules implementing section 225 are intended to facilitate 
communication by persons with hearing or speech disabilities in order 
to give full effect to the accessibility policies embodied in section 
225, and to ensure that individuals with hearing or speech disabilities 
receive the same quality of service as hearing individuals when they 
make TRS calls, regardless of where their calls originate or terminate. 
Further, the rules are designed to further the TRS functional 
equivalency mandate by ensuring that internet-based TRS users can be 
reached by voice telephone users in the same way that voice telephone 
users are called. These rules also are intended to ensure that 
emergency calls placed by internet-based TRS users will be routed 
directly and automatically to the appropriate emergency services 
authorities by internet-based TRS providers.
    Section 64.610 implemented a provision of the Twenty-First Century 
Communications and Video Accessibility Act of 2010 (CVAA), which 
allocated $10 million annually from the Interstate Telecommunications 
Relay Service (TRS) Fund for this nationwide equipment distribution 
effort. These rules were adopted to govern a pilot program to support 
the distribution of such specialized CPE and the provision of 
associated services. With the establishment of a permanent NDBEDP in 
2016, 47 CFR 64.6201-64.6219, the pilot program ended, and final 
accounting was completed. As a result, section 64.610 is no longer 
needed and may be repealed. Section 64.611(e) promotes the use of 
geographically appropriate numbers and provide iTRS customers with 
access functionally equivalent to that enjoyed by hearing customers.
    Legal Basis: 47 U.S.C. 151, 152, 225, and 620.
    Section Number and Title:
    64.601(a)(3) American Sign Language (ASL).
    64.601(a)(9) [redesignated as 64.601(a)(10)] Common carrier or 
carrier.
    64.601(a)(11) [redesignated as 64.601(a)(13)] Default provider.
    64.601(a)(12) [redesignated as 64.601(a)(14)] Default provider 
change order.
    64.601(a)(13) [redesignated as 64.601(a)(17)] Hearing carry over 
(HCO).
    64.601(a)(15) [redesignated as 64.601(a)(22)] Internet Protocol 
Captioned Telephone Service (IP CTS).
    64.601(a)(17) [redesignated as 64.601(a)(24)] IP Relay access 
technology.
    64.601(a)(18) [redesignated as 64.601(a)(25)] iTRS access 
technology.
    64.601(a)(24) [redesignated as 64.601(a)(30)] Original default 
provider.
    64.601(a)(25) [redesignated as 64.601(a)(31)] Point-to-point video 
call.
    64.601(b) Definitions and provisions of general applicability.
    64.603(a) [cross-reference updated] Provision of Services.
    64.604(a)(4) [redesignated as 47 CFR 9.14(a)], (a)(6) and (7), 
(c)(5)(ii), (c)(5)(iii)(C) redesignated as (c)(5)(iii)(D)], 
(c)(5)(iii)(F)(1) [cross-references updated], (c)(5)(iii)(F)(4) [cross-
references updated], (c)(5)(iii)(L) through (N), (c)(6)(i) [cross-
references updated], (c)(6)(iii)(B) [cross-references updated] 
Mandatory minimum standards.
    64.605 [redesignated as 47 CFR 9.14(b)] Additional Operational

[[Page 66244]]

Standards Applicable to internet-Based TRS Providers; Emergency Calling 
Requirements.
    64.606 [renumbered; previously 64.605] Internet-based TRS provider 
and TRS program Certification.
    64.607 [renumbered; previously 64.606] Furnishing related customer 
premises Equipment.
    64.608 [renumbered; previously 64.607] Provision of hearing aid 
compatible telephones by exchange carriers.
    64.609 [renumbered; previously 64.608; cross-references updated] 
Enforcement of related consumer premises equipment rules.
    64.610 [superseded by 64.6201 through 64.6219] Establishment of a 
National Deaf-Blind Equipment Distribution Program.
    64.611 internet-based TRS registration.
    64.613 Numbering directory for internet-based TRS users.

Subpart L--Restrictions on Telemarketing, Telephone Solicitation, 
and Facsimile Advertising

    Brief Description: In compliance with the requirements of the Junk 
Fax Prevention Act, the Commission amends Sec.  64.1200(a)(3) of the 
Commission's rules to expressly recognize an EBR exemption from the 
prohibition on sending unsolicited facsimile advertisements. (The 
Commission correspondingly withdraws Sec.  64.1200(a)(3)(i) of its 
rules from its existing rules, as facsimile senders will now be 
permitted to send facsimile advertisements to recipients with whom they 
have an EBR without first securing the recipient's written permission.)
    Need: Congress mandated that the Commission issue regulations 
implementing the Junk Fax Prevention Act of 2005. As set forth in the 
statute, the Commission: (1) codified an established business 
relationship (EBR) exemption to the prohibition on sending unsolicited 
facsimile advertisements; (2) provided a definition of an EBR to be 
used in the context of unsolicited facsimile advertisements that is not 
limited in duration; (3) required the sender of a facsimile 
advertisement to provide specified notice and contact information on 
the facsimile that allows recipients to ``opt-out'' of any future 
facsimile transmissions from the sender; and (4) specified the 
circumstances under which a request to ``opt-out'' complies with the 
Junk Fax Prevention Act of 2005.
    Legal Basis: 47 U.S.C. 154, 254(k) secs. 403(b)(2)(B), (c), Pub. L. 
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 
226, 228, and 254(k) unless otherwise noted.
    Section Number and Title(s):
    64.1200(a), (f) revised Delivery Restrictions.
    Brief Description: In a Report and Order, Rules and Regulations 
Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Do-
Not-Call Registry, the Commission amends its rules under the TCPA to 
require sellers and/or telemarketers to honor registrations with the 
National Do-Not-Call Registry so that registrations will not 
automatically expire based on the current five-year registration 
period. Consistent with the Do Not Call Improvement Act of 2007 (DNC 
Act), the Commission extends this requirement indefinitely to minimize 
the inconvenience to consumers of having to re-register their 
preferences not to receive telemarketing calls and to further the 
underlying goal of the National Registry to protect consumer privacy 
rights. The Commission concludes that eliminating the need for 
consumers to re-register their numbers will enhance consumer privacy 
protections and benefit the Federal government in administering the 
National Registry. Making registrations permanent adequately balances 
the need to maintain a high level of accuracy in the National Registry 
with the desire to have a simple and effective means to limit unwanted 
telemarketing calls.
    Need: The DNC Report and Order amends the Commission's rules so 
that registrations with the National Do-Not-Call Registry will not 
expire after a period of five years, consistent with the DNC Act and 
FTC policy. This action will benefit consumers, who will no longer be 
required to re-register every five years, thereby reducing any burdens 
on consumers in terms of the time and effort required to register and 
the need to remember when to re-register.
    Legal Basis: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 
225, 226, 228, and 254 (k), unless otherwise noted.
    Section Number and Titles:
    64.1200(c)(2) introductory text revised Delivery Restrictions.
    Brief Description: In this Report and Order, Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, the 
Commission requires prior express written consent for autodialed or 
prerecorded telemarketing calls to wireless numbers and for prerecorded 
telemarketing calls to residential lines. Second, the Commission 
eliminates the ``established business relationship'' exemption as it 
previously applied to prerecorded telemarketing calls to residential 
lines. Third, the Commission requires telemarketers to implement an 
automated, interactive opt-out mechanism for autodialed or prerecorded 
telemarketing calls to wireless numbers and for prerecorded 
telemarketing calls to residential lines, which would allow a consumer 
to opt out of receiving additional calls immediately during a 
telemarketing robocall. Fourth, the Commission requires that the 
permissible three percent call abandonment rate be calculated for each 
calling campaign, so that telemarketers cannot shift more abandoned 
calls to certain campaigns, as is possible if calculation is made 
across multiple calling campaigns. Finally, the Commission adopts an 
exemption to its implementing rules under the Telephone Consumer 
Protection Act (TCPA) for prerecorded health care-related calls to 
residential lines, which are already regulated by the Federal Health 
Insurance Portability and Accountability Act.
    Need: The Commission adopts prior express written consent for 
autodialed or prerecorded telemarketing calls to wireless numbers and 
for prerecorded telemarketing calls to residential lines only. Limiting 
the written consent requirement to telemarketing calls significantly 
reduces the compliance burden for all entities, including small 
entities. In adopting the written consent requirement for autodialed or 
prerecorded telemarketing calls to wireless numbers and for prerecorded 
telemarketing calls to residential lines, the Commission also concluded 
that consent obtained pursuant to the E-SIGN Act will satisfy the 
requirement of its revised rule, including permission obtained via an 
email, website form, text message, telephone keypress, or voice 
recording. Accepting consent pursuant to the E-SIGN Act relieves all 
businesses, including small entities, from the economic impact of 
generating and retaining a paper document to evidence their compliance.
    Legal Basis: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L. 104-
104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 
226, 227, 228, 254(k), 616, and 620 unless otherwise noted.
    Section Number and Titles:
    64.1200(a) through (c), (f) revised Delivery Restrictions. [note 
that the 64.1200(a)(4)(iv) opt out requirement has been removed if 
permission/consent is for the fax].

[[Page 66245]]

Subpart P--Calling Party Telephone Number; Privacy

    Brief Description: These rule sections implement the Truth in 
Caller ID Act of 2009,\5\ and prohibit any person or entity from 
knowingly spoofing caller identification information with the intent to 
defraud, cause harm, or wrongfully obtain anything of value. Sections 
1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for 
violations of the Truth in Caller ID Act or the Commission's rules 
under the Truth in Caller ID Act. Sections 64.1600(c), (d), (g) and (h) 
set out definitions used in connection with the Truth in Caller ID 
rules. Section 64.1604 establishes the rule against transmission of 
inaccurate or misleading caller identification information and 
exceptions to the rule.
---------------------------------------------------------------------------

    \5\ The President signed the Truth in Caller ID Act into law on 
December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-
331, codified at 47 U.S.C. 227(e).
---------------------------------------------------------------------------

    Need: These rule sections carry out the Commission's statutory 
obligation to implement the Truth in Caller ID Act.
    Legal Basis: Section 2 of the Truth in Caller ID Act of 2009, Pub. 
L. 11-331; 47 U.S.C. 151, 154(i), 154(j), 227, and 303 (r).
    Section Number and Title:
    64.1600(c), (d), (g), (h) Definitions.
    64.1604 Prohibition on transmission of inaccurate or misleading 
caller identification information.

Subpart U--Customer Proprietary Network Information

    Brief Description: These rules implement increased safeguards to 
the Commission's customer proprietary network information (CPNI) rule 
to protect customers' CPNI against unauthorized access and disclosure. 
Sections 64.2003(a), (b), (d), (m), (q), and (r) set out definitions of 
key terms used in the Commission's CPNI rules. Section 64.2003(k) 
extends the application of the Commission's CPNI rules to providers of 
interconnected VoIP service. Section 64.2009(e) requires carriers to 
file with the Commission an annual certification, including an 
explanation of any actions taken against data brokers and a summary of 
all consumer complaints received in the previous year regarding the 
unauthorized release of CPNI. Sections 64.2010(b), (c) and (d) restrict 
the release of call detail information in customer-initiated telephone 
contacts, requires mandatory password protection for online account 
access, and permits carriers to provide CPNI to customers based on in-
store contact with a valid photo ID, respectively.\6\ Section 64.2011 
establishes a notification process for both law enforcement and 
customers in the event of a CPNI breach.\7\
---------------------------------------------------------------------------

    \6\ The Commission proposed to amend Sec.  64.2010 to require 
wireless carriers to adopt secure methods of authenticating a 
customer before redirecting a customer's phone number to a new 
device and to immediately notify customers whenever a subscriber 
identity module (SIM) change request is made on a customers' 
accounts, and sought comment on other ways to protect customers from 
fraud related to SIM changes. Protecting Customers from SIM Swap and 
Port-Out Fraud, WC Docket No. 21-341, Notice of Proposed Rulemaking, 
36 FCC Rcd 14120 (2021).
    \7\ The Commission has proposed updates to Sec.  64.2011 
addressing telecommunications carriers' breach notification duties 
to ensure that affected customers, the Commission, and other Federal 
law enforcement agencies receive the information they need to 
mitigate and prevent harm due to a breach and take action to deter 
future breaches. Data Breach Reporting Requirements, WC Docket No. 
22-21, Notice of Proposed Rulemaking, FCC 22-102 (2023).
---------------------------------------------------------------------------

    Need: These rules limit pretexters' ability to obtain unauthorized 
access to personal customer information from carriers the Commission 
regulates.
    Legal Basis: 47 U.S.C. 151, 154(i)-(j), 222, and 303(r).
    Section Number and Title:
    64.2003(a), (b), (d), (m), (q), (r) Definitions.
    64.2005(c)(3) Use of customer proprietary network information 
without customer approval.
    64.2009(e) Safeguards required for use of customer proprietary 
network information.
    64.2010 Safeguards on the disclosure of customer proprietary 
network information.
    64.2011 Notification of customer proprietary network information 
security breaches.

PART 69--ACCESS CHARGES

Subpart A--General

    Brief Description: These rules implement measures to address the 
artificial stimulation of interstate switched access charges by 
requiring carriers, or groups of carriers, that engage in access 
stimulation to refile their tariffs to reflect lower rates for these 
services. Sections 69.3(e)(12)(i)-(iii) require local exchange 
carriers, or groups that include at least one local exchange carrier 
engaged in access stimulation, to: (1) file their own access tariffs, 
(2) withdraw from interstate access tariffs issued by the National 
Exchange Carrier Association, and (3) give notice of their intent to 
withdraw from the National Exchange Carrier Association tariffs within 
45 days of beginning access stimulation. Section 69.1(d) provides that 
the provisions of Part 51--Interconnection, subparts H (Reciprocal 
Compensation for Transport and Termination of Telecommunications 
Traffic) and J (Transitional Access Service Pricing) control in the 
event of a conflict between those provisions and the provisions of part 
69.
    Need: These rules help to curtail access stimulation, which imposes 
undue costs on consumers and inefficiently diverts capital away from 
more productive uses such as broadband deployment.
    Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, and 
403.
    Section Number and Title:
    69.1(d) Application of access charges.
    69.3(e)(12)(i) through (iii) Filing of access service tariffs.

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

    Brief Description: These rules permit the use of computer modeling 
techniques to verify that directional AM antennas perform as authorized 
and reduce the time and expense associated with the license application 
for a directional AM station. They were adopted collectively by the 
Commission. (An Inquiry Into the Commission's Policies and Rules 
Regarding AM Radio Service Directional Antenna Performance 
Verification, Second Report and Order and Second Further Notice of 
Proposed Rulemaking, FCC 08-228).
    Need: These rules are necessary because they are consistent with 
the Commission's streamlining initiatives, reduce the regulatory burden 
upon directional AM stations to the extent possible while maintaining 
the integrity of the service.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.61(a), (b) AM directional antenna field strength measurements.
    Brief Description: This rule addresses corrective actions an AM 
broadcast station licensee must take when encountering certain 
difficulties in the operation of a station's AM directional antenna. 
(Amendment of the Commission's Rules Regarding AM Directional Antennas, 
Report and Order, FCC 07-97)
    Need: These rules provide AM licensees with explicit guidance on 
operating AM broadcast stations with directional antennas.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:

[[Page 66246]]

    73.62 Directional antenna system operation and tolerances.
    Brief Description: These rules permit the use of computer modeling 
techniques to verify that directional AM antennas perform as authorized 
and reduce the time and expense associated with the license application 
for a directional AM station. They were adopted collectively by the 
Commission. (An Inquiry Into the Commission's Policies and Rules 
Regarding AM Radio Service Directional Antenna Performance 
Verification, Second Report and Order and Second Further Notice of 
Proposed Rulemaking, FCC 08-228).
    Need: These rules are necessary because they are consistent with 
the Commission's streamlining initiatives, reduce the regulatory burden 
upon directional AM stations to the extent possible while maintaining 
the integrity of the service.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.68(a) revised, (b) Sampling systems for antenna monitors.
    Brief Description: These rules permit the use of computer modeling 
techniques to verify that directional AM antennas perform as authorized 
and reduce the time and expense associated with the license application 
for a directional AM station. They were adopted collectively by the 
Commission. (An Inquiry Into the Commission's Policies and Rules 
Regarding AM Radio Service Directional Antenna Performance 
Verification, Second Report and Order and Second Further Notice of 
Proposed Rulemaking, FCC 08-228).
    Need: These rules are necessary because they are consistent with 
the Commission's streamlining initiatives, reduce the regulatory burden 
upon directional AM stations to the extent possible while maintaining 
the integrity of the service.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.151 introductory text and (c) Field strength measurements to 
establish performance of directional antennas.
    73.155 Directional antenna performance recertification.

Subpart B--FM Broadcast Stations

    Brief Description: This rule implements procedures for allocating 
new FM channels and modifying the communities of license of existing 
radio stations. (Revision of Procedures Governing Amendments to FM 
Table of Allotments and Changes of Community of License in the Radio 
Broadcast Services, Second Report and Order, FCC 06-163).
    Need: These rules are necessary to streamline the process of 
allocating new FM channels, modifying the communities of existing radio 
stations, and to reduce backlogs in proceedings to amend the FM Table 
of Allotments.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.202 Table of Allotments.
    73.203 Availability of Channels.

Subpart C--Digital Audio Broadcasting

    Brief Description: These rules foster the development of a vibrant 
terrestrial digital radio service for the public and ensures that radio 
stations are able to successfully implement digital audio broadcasting. 
(Digital Audio Broadcasting Systems and Their Impact on the Terrestrial 
Radio Broadcast Service, Second Report and Order, FCC 07-33).
    Need: These rules are necessary for the operation of a terrestrial 
digital radio service.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:
    73.404 Interim hybrid IOBC DAB operation.

Subpart E--Television Broadcast Stations

    Brief Description: These rules provide procedures necessary to 
ensure that broadcasters were able to timely complete their transitions 
from analog to digital service and are able to continue to provide 
digital television service. They were adopted collectively by the 
Commission. (Third Periodic Review of the Commission's Rules and 
Policies Affecting the Conversion to Digital Television, Report and 
Order, FCC 07-228).
    Need: These rules ensured that full power broadcasters met their 
statutory obligation and deadline to convert to digital technology and 
viewers did not and do not lose service.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.616 Post-transition DTV station interference protection.
    73.622(f)(4) Digital television table of allotments.
    73.623(a) DTV applications and changes to DTV allotments.
    73.624(d)(1) introductory text, (d)(1)(v) through (vii), (d)(3), 
(g) introductory text, (g)(2) Digital television broadcast stations.
    Brief Description: This rule extends the duration of certain 
licenses and construction permits, to conform to the new, June 12, 
2009, digital television transition date. (Implementation of the DTV 
Delay Act, Second Report and Order, FCC 09-11).
    Need: These rules modify the tolling standard to extend to 
construction deadline if a station is unable to meet the digital 
television transition deadline due to international coordination with 
Mexico and Canada.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.624(d)(1)(vii), (3)(ii) and (iii) Digital television broadcast 
stations.
    Brief Description: This rule establishes an annual fee for the 
provision of certain ancillary and supplementary service provided by 
low power television stations converting to digital operations. 
(Digital Low Power Television, Television Translator, and Television 
Booster Stations and To Amend Rules for Digital Class A Television 
Stations, Second Report and Order, FCC 11-110).
    Need: This rule is necessary to fulfill the requirements of section 
336 of the Communications Act of 1934 that the public recover a portion 
of the value of the public spectrum resource made available for 
commercial use, as well as to avoid unjust enrichment of broadcasters 
that use that resource.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.624(g) Digital television broadcast stations.
    Brief Description: These rules permit the use of distributed 
transmission system technologies in the digital television service. The 
rules allow DTV station licensees and permittees to use DTS 
technologies where feasible in place of a single transmitter to provide 
service as authorized. (Digital Television Distributed Transmission 
System Technologies, Report and Order, FCC 08-256).
    Need: These rules will help improve some DTV stations' ability to 
serve more of their viewers within their service areas. For example, we 
expect that DTS will be especially useful in mountainous areas where 
single transmitters have been unable to reach viewers in valleys or 
those blocked by elevated terrain.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.626 DTV distributed transmission systems.
    Brief Description: These rules modernize rules concerning 
children's

[[Page 66247]]

programming to include restrictions on displaying internet website 
addresses. They were adopted collectively by the Commission to 
modernize its rules implementing the Act in light of the Digital TV 
Transition. (In the Matter of Children's Television Obligations Of 
Digital Television Broadcasters, Second Order on Reconsideration and 
Second Report and Order, FCC 06-143).
    Need: These rules are necessary to ensure that the Commission's 
rules continue to respond the Congressional mandate in the Children's 
Television Act by protecting children from advertising directing them 
to internet sites.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.670(b) through (d), Note 1 Commercial limits in children's 
programs.
    Brief Description: These rules provide procedures necessary to 
ensure that broadcasters were able to timely complete their transitions 
from analog to digital service and are able to continue to provide 
digital television service. They were adopted collectively by the 
Commission. (Third Periodic Review of the Commission's Rules and 
Policies Affecting the Conversion to Digital Television, Report and 
Order, FCC 07-228).
    Need: These rules ensured that full power broadcasters met their 
statutory obligation and deadline to convert to digital technology and 
viewers did not and do not lose service.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.682(d) TV transmission standards.
    Brief Description: This rule makes mandatory a technical standard, 
developed by an industry standards development body, that is designed 
to prevent digital television commercial advertisements from being 
transmitted at louder volumes than the program material they accompany. 
(Implementation of the Commercial Advertisement Loudness Mitigation 
(CALM) Act, Report and Order, FCC 11-182).
    Need: This rule is necessary to implement the Commercial 
Advertisement Loudness Mitigation Act to protect viewers from 
excessively loud commercials.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.682(e), Note TV Transmission standards.
    Brief Description: This rule adopts a predictive model for 
determining the ability of individual locations to receive an over-the-
air digital television broadcast signal at the intensity level needed 
for service through the use of an antenna. (Satellite Television 
Extension and Localism Act of 2010 and Satellite Home Viewer Extension 
and Reauthorization Act of 2004, Report and Order and Further Notice of 
Proposed Rulemaking, FCC 10-194).
    Need: This rule is necessary to fulfill the requirement of the 
Satellite Television Extension and Localism Act of 2010.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.683(d), (e) Field strength contours and presumptive 
determination of field strength at individual locations.
    Brief Description: This rule establishes measurement procedures for 
determining the strength of a digital broadcast television (DTV) signal 
at any specific location. These procedures are used for determining 
whether households are eligible to receive distant DTV network signals 
retransmitted by satellite carriers. (Digital Television Signals 
Pursuant to the Satellite Home Viewer Extension and Reauthorization Act 
of 2004, Report and Order, FCC 10-195).
    Need: These rules are necessary to fulfill the requirement of the 
Satellite Television Extension and Localism Act of 2010.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.684(d), (e) Field strength measurements.
    Brief Description: Section 73.686 sets forth the procedures for 
measuring the field strength of television broadcast stations. 
Paragraph (d) of this section governs the measurement of NTSC 
television signal intensity while paragraph (e) of this section governs 
the measurement of digital television (DTV) signal intensity.
    Need: These rules specify how field strength data must be collected 
for different types of television broadcast stations. This data is then 
used for propagation analysis. Accurate field strength measurement and 
propagation analysis are necessary to ensure that television broadcast 
stations operate as intended and do not cause harmful interference.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.686(d), (e) Field strength measurements.

Subpart G--Low Power FM Broadcast Stations (LPFM)

    Brief Description: These rules provide procedures and guidance to 
promote the operation and expansion of the low power FM (LPFM) service 
through its technical and ownership rules. (Creation of a Low Power 
Radio Service, Third Report and Order, FCC 07-204).
    Need: These rules help ensure the viability and success of the LPFM 
service.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.809(a), (b) Inference protection to full service FM stations.
    73.853(b)(1) through (3) Licensing requirements and service.
    73.865 Assignment and transfer of LPFM licenses.
    73.870(f) Processing of LPFM broadcast station applications.
    73.871(c)(2) through (4) Amendment of LPFM broadcast station 
applications.
    73.872(c)(1) through (3) Selection procedure for mutually exclusive 
LPFM applications.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: This rule provides the required content that 
must be provided by a station as part of a broadcaster's official 
station identification. (Digital Audio Broadcasting Systems and Their 
Impact on the Terrestrial Radio Broadcast Service, Second Report and 
Order, First Order on Reconsideration, and Second Further Notice of 
Proposed Rulemaking, FCC 07-33).
    Need: These rules are necessary to ensure broadcast stations, 
including digital radio and television stations, properly identify 
themselves to the public.
    Legal Basis: 47 U.S.C. 154 and 303.
    Section Number and Title:
    73.1201(b) Station identification.
    Brief Description: These rules require that television station 
public inspection files be made available in an online public file that 
is hosted on the Commission's website. (Standardized and Enhanced 
Disclosure Requirements for Television Broadcast Licensee Public 
Interest Obligations; Extension of the Filing Requirement for 
Children's Television Programming Report (FCC Form 398), Second Report 
and Order, FCC 12-44).
    Need: These rules are necessary to provide guidance as to what 
documents must be maintained in a television station's online public 
file.
    Legal Basis: 47 U.S.C. 154, 303, 307, and 554.

[[Page 66248]]

    Section Number and Title:
    73.1212(e) Sponsorship identification; list retention; related 
requirements.
    Brief Description: This rule addresses transmission system 
operations for broadcast television and radio stations. (Amendment of 
the Commission's Rules Regarding AM Directional Antennas, Report and 
Order, FCC 07-97)
    Need: These rules are necessary to ensure licenses maintain and 
operate a broadcast station in a manner that is consistent with the 
Commission's rules.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:
    73.1350 (b)(2), (d), and (e) Transmission System Operation.
    Brief Description: These rules provide procedures for processing 
and allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments. They 
were adopted collectively by the Commission. (Revision of Procedures 
Governing Amendments to FM Table of Allotments and Changes of Community 
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
    Need: These rules are necessary to provide streamlined processes 
for allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:
    73.1690(b)(9) Modification of transmission systems.
    Brief Description: These rules require that television station 
public inspection files be made available in an online public file that 
is hosted on the Commission's website. (Standardized and Enhanced 
Disclosure Requirements for Television Broadcast Licensee Public 
Interest Obligations; Extension of the Filing Requirement for 
Children's Television Programming Report (FCC Form 398), Second Report 
and Order, FCC 12-44).
    Need: These rules are necessary to provide guidance as to what 
documents must be maintained in a television station's online public 
file.
    Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
    Section Number and Title:
    73.1943(d) Political file.
    Brief Description: There rules afford eligible entities that 
acquire an expiring construction permit additional time to build out, 
revises the Commission's equity/debt plus attribution standard to 
facilitate investment in eligible entities, and adopts other policies 
to prevent discrimination in transactions and encourage diverse 
ownership in the broadcast industry. (In the Matter of Promoting 
Diversification of Ownership in the Broadcasting Services, Report and 
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
    Need: These rules were adopted to expand opportunities for 
participation in the broadcasting industry by new entrants and small 
businesses, including minority- and women-owned businesses.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.2090 Ban on discrimination in broadcast transactions.
    Brief Description: These rules require that television station 
public inspection files be made available in an online public file that 
is hosted on the Commission's website. (Standardized and Enhanced 
Disclosure Requirements for Television Broadcast Licensee Public 
Interest Obligations; Extension of the Filing Requirement for 
Children's Television Programming Report (FCC Form 398), Second Report 
and Order, FCC 12-44).
    Need: These rules are necessary to provide guidance as to what 
documents must be maintained in a television station's online public 
file.
    Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
    Section Number and Title:
    73.2526(b), (e)(11)(i) Online public inspection file of commercial 
stations.
    73.3527(b), (e)(8) Online public inspection file of noncommercial. 
educational stations.
    Brief Description: There rules afford eligible entities that 
acquire an expiring construction permit additional time to build out, 
revises the Commission's equity/debt plus attribution standard to 
facilitate investment in eligible entities, and adopts other policies 
to prevent discrimination in transactions and encourage diverse 
ownership in the broadcast industry. (In the Matter of Promoting 
Diversification of Ownership in the Broadcasting Services, Report and 
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
    Need: These rules were adopted to expand opportunities for 
participation in the broadcasting industry by new entrants and small 
businesses, including minority- and women-owned businesses.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3555 Note 2 Multiple ownership.
    Brief Description: This rule adopts a maximum aggregate national 
audience reach of any single television station owner and sets for 
procedures for divestiture in the even the specified national 
television ownership limit is reached. (Implementation of section 629 
of the Consolidated Appropriations Act, 2004 (National Broadcast 
Television Ownership), Order, FCC 06-117).
    Need: These rules are necessary in furtherance of statute and to 
promote localism, competition, and diversity.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.3555 (e)(1), (e)(3) Multiple ownership.
    Brief Description: These rules provide procedures for processing 
and allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments. They 
were adopted collectively by the Commission. (Revision of Procedures 
Governing Amendments to FM Table of Allotments and Changes of Community 
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
    Need: These rules are necessary to provide streamlined processes 
for allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:
    73.3571(a)(1), (j) Processing of AM broadcast station applications.
    Brief Description: This rule implements procedures designed to 
promote ownership and programming diversity, especially by Native 
American tribes, and to streamline processing of AM radio applications. 
(Policies To Promote Rural Radio Service and To Streamline Allotment 
and Assignment Procedures, Second Report and Order, FCC 11-28).
    Need: This rule is necessary to provide a process for filing and 
processing certain AM radio applications.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3571(h)(1)(ii) and note Processing of AM broadcast station 
applications.
    Brief Description: This rule implements procedures designed to 
promote ownership and programming diversity, especially by Native 
American tribes, and to streamline processing of AM radio applications. 
(Policies To Promote Rural Radio Service and To Streamline Allotment 
and Assignment Procedures, Report and Order and Further Notice of 
Proposed Rulemaking, FCC 10-24).
    Need: This rule is necessary to provide a process for filing and

[[Page 66249]]

processing certain AM radio applications.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3571(h)(4)(iii), (k) Processing of AM broadcast station 
applications.
    Brief Description: This rule implements a process to enable Class A 
television stations to complete the digital transition process. 
(Digital Low Power Television, Television Translator, and Television 
Booster Stations and To Amend Rules for Digital Class A Television 
Stations, Second Report and Order, FCC 11-110).
    Need: The rule is necessary to enable Class A stations to complete 
their transition from analog to digital operations.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3572(h) Processing of TV broadcast, Class A TV broadcast, low 
power TV, TV translators, and TV booster applications.
    Brief Description: These rules provide procedures for processing 
and allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments. They 
were adopted collectively by the Commission. (Revision of Procedures 
Governing Amendments to FM Table of Allotments and Changes of Community 
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
    Need: This rule is necessary to provide streamlined processes for 
allocating new FM channels, modifying the communities of license of 
existing radio stations, and amending the FM Table of allotments.
    Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
    Section Number and Title:
    73.3573(a)(1), Note 1, (g) Processing of FM broadcast station 
applications.
    Brief Description: These rules require that television station 
public inspection files be made available in an online public file that 
is hosted on the Commission's website. (Standardized and Enhanced 
Disclosure Requirements for Television Broadcast Licensee Public 
Interest Obligations; Extension of the Filing Requirement for 
Children's Television Programming Report (FCC Form 398), Second Report 
and Order, FCC 12-44).
    Need: These rules are necessary to provide guidance as to what 
documents must be maintained in a television station's online public 
file.
    Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
    Section Number and Title:
    73.3580(d)(4)(i) and (ii) Local public notice of filing of 
broadcast applications.
    Brief Description: The rule provides for the construction period 
and manner of extending a construction permit for LPFM stations. 
(Creation of a Low Power Radio Service, Third Report and Order, FCC 07-
204).
    Need: The rule was adopted to ensure the timely construction of 
LPFM stations while providing necessary flexibility.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3598(a) introductory text Period of construction.
    Brief Description: There rules afford eligible entities that 
acquire an expiring construction permit additional time to build out, 
revises the Commission's equity/debt plus attribution standard to 
facilitate investment in eligible entities, and adopts other policies 
to prevent discrimination in transactions and encourage diverse 
ownership in the broadcast industry. (In the Matter of Promoting 
Diversification of Ownership in the Broadcasting Services, Report and 
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
    Need: These rules were adopted to expand opportunities for 
participation in the broadcasting industry by new entrants and small 
businesses, including minority- and women-owned businesses.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3598(a)(1) through (3) Period of construction.
    Brief Description: These rules provide procedures necessary to 
ensure that broadcasters were able to timely complete their transitions 
from analog to digital service and are able to continue to provide 
digital television service. They were adopted collectively by the 
Commission. (Third Periodic Review of the Commission's Rules and 
Policies Affecting the Conversion to Digital Television, Report and 
Order, FCC 07-228).
    Need: These rules ensure that full power broadcasters met their 
statutory obligation and deadline to convert to digital technology and 
viewers did not and do not lose service.
    Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
    Section Number and Title:
    73.3598(a), (b) Period of construction.
    Brief Description: This rule extends the duration of certain 
licenses and construction permits, to conform to the new, June 12, 
2009, digital television transition date. (Implementation of the DTV 
Delay Act, Second Report and Order, FCC 09-11).
    Need: These rules modify the tolling standard to extend to 
construction deadline if a station is unable to meet the digital 
television transition deadline due to international coordination with 
Mexico and Canada.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.3598(b)(3) Construction Period
    Brief Description: This rule includes reporting requirements on FCC 
Form 323, ``Ownership Report for Commercial Broadcast Stations'' to 
improve Form 323 data collection in order to obtain an accurate, 
reliable, and comprehensive assessment of minority and female broadcast 
ownership in the United States. (Promoting Diversification of Ownership 
in the Broadcasting Services, Report and Order, FCC 09-33).
    Need: These rules help improve Form 323 data collection in order to 
obtain an accurate, reliable, and comprehensive broadcast ownership in 
the United States.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.3615(a) Ownership reports.

Subpart I--Procedurs for Competitive Bidding and for Applications 
for Noncommerical Educational Broadcast Stations on Non-Reserved 
Channels

    Brief Description: These rules implement procedures designed to 
promote ownership and programming diversity, especially by Native 
American tribes, and to streamline processing of AM and FM 
applications. (Policies To Promote Rural Radio Service and To 
Streamline Allotment and Assignment Procedures, Report and Order and 
Further Notice of Proposed Rulemaking, FCC 10-24).
    Need: These rules are necessary in order to set procedures for 
competitive bidding and applications for noncommercial educational 
broadcast stations on non-reserved channels.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.5002(c) Application and certification procedures; return of 
mutually exclusive applications not subject to competitive bidding 
procedures; prohibition of collusion.
    73.5005(a) Filing of long-form applications.
    73.5007(a), Note 1 Designated entity provisions.
    Brief Description: The rule implements methods to facilitate

[[Page 66250]]

investment in eligible entities and encourage diverse ownership in the 
broadcast industry. (In the Matter of Promoting Diversification of 
Ownership in the Broadcasting Services, Report and Order and Third 
Further Notice of Proposed Rulemaking, FCC 07-217).
    Need: These rules were adopted to expand opportunities for 
participation in the broadcasting industry by new entrants and small 
businesses, including minority- and women-owned businesses.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.5008(c) Definitions applicable for designated entity provisions.

Subpart J--Class A Television Broadcast Stations

    Brief Description: These rules permit the use of distributed 
transmission system technologies in the digital television service. The 
rules allow DTV station licensees and permittees to use DTS 
technologies where feasible in place of a single transmitter to provide 
service as authorized. (Digital Television Distributed Transmission 
System Technologies, Report and Order, FCC 08-256).
    Need: These rules will help improve some DTV stations' ability to 
serve more of their viewers within their service areas. For example, we 
expect that DTS will be especially useful in mountainous areas where 
single transmitters have been unable to reach viewers in valleys or 
those blocked by elevated terrain.
    Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
    Section Number and Title:
    73.6023 Distributed transmission systems.
    Brief Description: This rule extends FCC Form 323 ownership 
reporting requirements to low power television stations, including 
Class A stations, to file biennially. (Promoting Diversification of 
Ownership in the Broadcasting Services, Report and Order, FCC 09-33).
    Need: These rules help improve Form 323 data collection in order to 
obtain an accurate, reliable, and comprehensive assessment of broadcast 
ownership in the United States.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.6026 Broadcast regulations applicable to Class A televisions 
stations.

Subpart K--Application and Selection Procedures for Reserved 
Noncommercial Educational Channels, and for Certain Applications 
for Noncommercial Educational Stations on Non-Reserved Channels

    Brief Description: These rules implement procedures designed to 
promote ownership and programming diversity, especially by Native 
American tribes, and to streamline processing of AM and FM 
applications. (Policies To Promote Rural Radio Service and To 
Streamline Allotment and Assignment Procedures, Report and Order, FCC 
11-28).
    Need: These rules are necessary to help promote access to radio 
services in rural areas.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    73.7000 Definition of terms (as used in subpart K only).
    73.7002(b) Fair distribution of service on reserved band FM 
channels.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIUBTIONAL SERVICES

Subpart--General; Rules Applicable to All Services in Part 74

    Brief Description: This rule reduces the regulatory burden for the 
18 GHz band by adding new channel-size options for FS operations along 
with channelization and emission flexibility for multichannel video 
programming distributors below 18.3 GHz, thereby facilitating the 
relocation to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz. 
(Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed 
Microwave Services, Report and Order, FCC 06-141).
    Need: These rules are necessary to encourage efficient use of the 
spectrum by all FS licensees and provide a regulatory environment that 
will allow MVPDs to provide competitive services while protecting 
Federal earth stations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
    Section Number and Title:
    74.25(c)(3) Temporary conditional operating authority.
    74.32(a) Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz Bands.

Subpart E--Aural Broadcast Auxilliary Stations

    Brief Description: This rule provides for the use of the 942-944 
MHz band. (Non-Substantive Revisions to the Table of Frequency 
Allocations, Memorandum Opinion and Order, FCC 08-530).
    Need: These rules ensure consistency with worldwide spectrum 
allocations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
    Section Number and Title:
    74.502(a) and Note Frequency assignment.

Subpart F--Television Broadcast Auxiliary Stations

    Brief Description: These rules reflect what frequencies are 
available for assignment to television pickup, television STL, 
television relay and television translator relay stations, and require 
registration of TV pickup stations in certain spectrum bands. 
(Facilitating the Use of Microwave for Wireless Backhaul and Other Uses 
and Providing Additional Flexibility To Broadcast Auxiliary Service and 
Operational Fixed Microwave Licensees, Report and Order, Further Notice 
of Proposed Rulemaking, and Memorandum Opinion and Order, FCC 11-120).
    Need: These rules are necessary to prevent interference with 
licensed users of the same and adjacent spectrum bands.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 307, 336(f), 336(h), and 
554.
    Section Number and Title:
    74.602(a) introductory text Frequency assignment.
    74.605 Registration of stationary television pickup receive sites.
    Brief Description: Section 74.638 sets forth the frequency 
coordination procedures between terrestrial Broadcast Auxiliary Service 
and Cable Television Relay Service (BAS/CARS) operations and 
geostationary satellite orbit (GSO) or non-geostationary satellite 
orbit (NGSO) fixed-satellite service (FSS) operations in the 6875-7075 
MHz (7 GHz) and 12750-13250 MHz (13 GHz) bands. (Coordination Between 
the NonGeostationary and Geostationary Satellite Orbit, Report and 
Order, FCC 10-15).
    Need: These rules are necessary to ensure proper coordination of 
frequency assignments among Television Broadcast Auxiliary Station 
licensees, which minimizes the chances of harmful interference.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
    Section Number and Title:
    74.638(a) through (d) Frequency coordination.
    Brief Description: This rule waives the deadline by which Sprint 
Nextel must complete relocation of the broadcast auxiliary service 
(BAS) to frequencies above 2025 MHz until February 8, 2010. The rule 
also eliminates the requirement

[[Page 66251]]

that MSS entrants to the 2000-2020 MHz band may not begin operations 
until the BAS incumbents in the top 30 markets by population and all 
fixed BAS links in the 1990-2025 MHz band have been relocated. MSS 
entrants will be allowed to conduct operations in markets where the BAS 
incumbents have not been relocated only if they successfully coordinate 
with the BAS incumbents. (Relocation of 2 GHz Broadcast Auxiliary 
Service, Report and Order and Further Notice of Proposed Rulemaking, 
FCC 09-49).
    Need: These rules helped to coordinate the timely relocation of BAS 
licensees in order to implement new services in the 1990-2025 MHz band.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
    Section Number and Title:
    74.690(e)(1)(i) Transition of the 1990-2025 MHz band from the Cable 
Television Relay Service to emerging technologies.

Subpart G--Low Power TV and TV Translator Stations

    Brief Description: These rules establish processes to facilitate 
and enable low power television and television translator stations to 
transition from analog to digital operations. (Digital Low Power 
Television, Television Translator, and Television Booster Stations and 
To Amend Rules for Digital Class A Television Stations, Second Report 
and Order, FCC 11-110).
    Need: These rules are necessary to enable low power television and 
television translator stations to conduct digital operations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, 336, and 554.
    Section Number and Title:
    74.735(b)(1) Power Emissions.
    Brief Description: This rule creates a new ``replacement'' digital 
television translator service to permit full-service television 
stations to continue to provide service to viewers within their analog 
coverage areas who have lost service as a result of those stations' 
digital transition. The replacement digital television translator 
license will be associated with the full-service station's main license 
and will have the same four letter call sign as its associated main 
station. As a result, a replacement digital television translator 
license may not be separately assigned or transferred and will be 
renewed or assigned along with the full-service station's main license. 
Almost all other rules associated with television translator stations 
are applied to replacement digital television translators. (Replacement 
Digital Television Translator Service, Report and Order, FCC 09-36).
    Need: These rules help preserve service to viewers who have lost 
television service as a result of a station's digital transition.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
    Section Number and Title:
    74.787(a)(5) Digital licensing.
    Brief Description: These rules establish processes to facilitate 
and enable low power television and television translator stations to 
transition from analog to digital operations. (Digital Low Power 
Television, Television Translator, and Television Booster Stations and 
To Amend Rules for Digital Class A Television Stations, Second Report 
and Order, FCC 11-110).
    Need: These rules are necessary to enable low power television and 
television translator stations to conduct digital operations.
    Legal Basis: 47 U.S.C. 154, 303, 307, 309, 336, and 554.
    Section Number and Title:
    74.787(b)(1) Digital Licensing.
    74.794(a)(1), (a)(2)(iii) Digital Emissions.
    Brief Description: This rule extends FCC Form 323 ownership 
reporting requirements to low power television stations to file 
biennially. (Promoting Diversification of Ownership in the Broadcasting 
Services, Report and Order, FCC 09-33).
    Need: These rules help improve Form 323 data collection in order to 
obtain an accurate, reliable, and comprehensive assessment of broadcast 
ownership in the United States.
    Legal Basis: 47 U.S.C. 154, 303, 334 336, and 339.
    Section Number and Title:
    74.797 Biennial Ownership Reports

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

    Brief Description: These rules modified the FM translator rules to 
allow AM stations to use currently authorized FM translators for 
``fill-in'' service within their current coverage areas. (Amendment of 
Service and Eligibility Rules for FM Broadcast Translator Stations, 
Report and Order, FCC 09-59).
    Need: These rules were implemented to help AM radio stations 
provide a listenable signal to their listeners and better serve their 
local communities.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
    Section Number and Title:
    74.1201(a) through (e), (g), (j) Definitions.
    74.1231(a), (b), (h) Purpose and permissible service.
    74.1232(d) Eligibility and licensing requirements.
    74.1263(b) Time of operation.
    74.1284(b), (c) Rebroadcasts.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

Subpart A--General

    Brief Description: This rule establishes a definition for the term 
``significantly viewed.'' (Implementation of Section 203 of the 
Satellite Television Extension and Localism Act of 2010 (STELA); 
Amendments to Section 340 of the Communications Act, Report and Order 
and Order on Reconsideration, FCC 10-193).
    Need: This rule is necessary to implement Section 203 of the 
Satellite Television Extension and Localism Act of 2010.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.5(i) Definitions.
    Brief Description: This rule establishes procedures related to 
program carriage complaints and entities that elect to resolve a 
dispute through alternative dispute resolution. (Leased Commercial 
Access; Development of Competition and Diversity in Video Programming 
Distribution and Carriage, Second Report and Order, FCC 11-119).
    Need: This rule is necessary to establish procedures for resolving 
program carriage disputes.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.7(g)(2) General special relief, waiver, enforcement, complaint, 
show cause, forfeiture, and declaratory ruling procedures.

Subpart C--Cable Franchising

    Brief Description: These rules address provide guidance and 
implement section 621(a)(1) of the Communications Act of 1934, which 
prohibits franchising authorities from unreasonably refusing

[[Page 66252]]

to award competitive franchises for the provision of cable services. 
(Implementation of Section 621(a)(1) of the Cable Communications Policy 
Act of 1984 as amended by the Cable Television Consumer Protection and 
Competition Act of 1992, Report and Order and Further Notice of 
Proposed Rulemaking, FCC 06-180).
    Need: These rules are necessary for carrying out the Congressional 
mandate of section 621(a)(1) of the Communications Act of 1934.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 521, 
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 
554, 556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.41 Franchise application process.

Subpart D--Carriage of Television Broadcast Signals

    Brief Description: This rule provides satellite carriers the 
authority to offer out-of-market, but ``significantly viewed'' 
broadcast television network stations as part of their local service to 
subscribers. (Implementation of Section 203 of the Satellite Television 
Extension and Localism Act of 2010 (STELA); Amendments to Section 340 
of the Communications Act, Report and Order and Order on 
Reconsideration, FCC 10-193).
    Need: This rule is necessary to implement Section 203 of the 
Satellite Television Extension and Localism Act of 2010.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.54(c),(g), (i) Significantly viewed signals; method to be 
followed for special showings.
    Brief Description: This rule establishes the standard for which is 
considered a good quality signal delivered by broadcasters to MVPDS. 
(Third Periodic Review of the Commission's Rules and Policies Affecting 
the Conversion to Digital Television, Report and Order, FCC 07-228).
    Need: This rule ensures that MVPDs and their subscribers are able 
to receive clear, high quality broadcast signals.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531, 
532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.55(c)(3) Definitions Applicable to the Must-Carry Rules.
    Brief Description: This rule addresses the responsibilities of 
cable television operators with respect to carriage of digital 
broadcasters in light of the significant changes to the broadcasting 
and cable television industries resulting from the digital television 
transition. (Carriage of Digital Television Broadcast Signals: 
Amendment to Part 76 of the Commission's Rules, Third Report and Order 
and Third Notice of Proposed Rulemaking, FCC 07-170).
    Need: This rule ensures that cable subscribers will continue to be 
able to view broadcast stations after the digital transition, and that 
they will be able to view those broadcast signals at the same level of 
quality in which they are delivered to the cable system.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531, 
532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.56(d) Signal carriage obligations.
    76.56(f) Signal carriage obligations.
    76.62(b), (h) Manner of Carriage.
    Brief Description: This rule requires satellite carriers to carry 
digital-only stations upon request in markets in which they are 
providing any local-into-local service pursuant to the statutory 
copyright license, and to require carriage of all high-definition 
signals in a market in which any station's signals are carried in HD. 
(Carriage of Digital Television Broadcast Signals: Amendment to Part 76 
of the Commission's Rules; Implementation of the Satellite Home Viewer 
Improvement Act of 1999: Local Broadcast Signal Carriage Issues and 
Retransmission Consent Issues, Second Report and Order, Memorandum 
Opinion and Order, and Second Further Notice of Proposed Rulemaking, 
FCC 08-86).
    Need: This rule ensures that satellite subscribers will continue to 
be able to view broadcast stations after the digital transition and 
receive high-definition signals.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 336, 339, 503, 521, 522, 531, 532, 
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 
558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.66(b)(1), (d)(2)(vi), (k) Satellite Broadcast Signal Carriage.
    Brief Description: These rules set forth carriage rights for 
stations that elected as part of the broadcast television incentive 
auction to relinquish their spectrum usage rights and engage in a 
channel sharing arrangement. (Innovation in the Broadcast Television 
Bands: Allocations, Channel Sharing and Improvements to VHF, Report and 
Order, Report and Order, FCC 12-45).
    Need: These rules are necessary to establish carriage rights for 
broadcast television stations that relinquished their spectrum in the 
broadcast television incentive auction in order to share a television 
channel with another television broadcaster.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.66(n) Satellite broadcast signal carriage.

Subpart G--Cablecasting

    Brief Description: These rules modernize rules concerning 
children's programming to include restrictions on displaying internet 
website addresses. They were adopted collectively by the Commission to 
modernize its rules implementing the Act in light of the Digital TV 
Transition. (In the Matter of Children's Television Obligations of 
Digital Television Broadcasters, Second Order on Reconsideration and 
Second Report and Order, FCC 06-143).
    Need: These rules are necessary to ensure that the Commission's 
rules continue to respond the Congressional mandate in the Children's 
Television Act by protecting children from advertising directing them 
to internet sites.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 533, 
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 
560, 561, 571, 572, and 573.
    Section Number and Title:
    76.225(b) through (e), Note 1 Commercial Limits in Children's 
Programs.

SUBPART J--OWNERSHIP OF CABLE SYSTEMS

    Brief Description: This rule prohibits cable operators from owning 
or having an attributable interest in cable systems serving more than 
30 percent of multichannel video programming subscribers nationwide. It 
also eliminates the overbuilder exception.

[[Page 66253]]

(The Commission's Cable Horizontal and Vertical Ownership Limits; 
Implementation of Section 11 of the Cable Television Consumer 
Protection and Competition Act of 1992; Implementation of Cable Act 
Reform Provisions of the Telecommunications Act of 1996; Review of the 
Commission's Regulations Governing Attribution of Broadcast and Cable/
MDS Interests; Review of the Commission's Regulations and Policies 
Affecting Investment in the Broadcast Industry; Reexamination of the 
Commission's Cross-Interest Policy, Fourth Report and Order and Further 
Notice of Proposed Rulemaking, FCC 07-219).
    Need: This rule balances the need to ensure that cable operators 
cannot use their dominant position in the multichannel video 
programming distribution market to impede unfairly the flow of video 
programming to consumers with consideration of the efficiencies and 
other benefits that might be gained through increased ownership or 
control.
    Legal Basis: 47 U.S.C. 152(a), 154(i), 303, 307, 309, 310, and 533.
    Section Number and Title:
    76.503(a) National Subscriber Limits.

Subpart K--Technical Standards

    Brief Description: This rule incorporates by reference the 
technical standard, developed by an industry standards development 
body, that was designed to prevent digital television commercial 
advertisements from being transmitted at louder volumes than the 
program material they accompany. (Implementation of the Commercial 
Advertisement Loudness Mitigation (CALM) Act, Report and Order, FCC 11-
182).
    Need: This rule is necessary to implement the Commercial 
Advertisement Loudness Mitigation Act to protect viewers from 
excessively loud commercials.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.607 Transmission of commercial advertisements.
    Brief Description: This rule implements requirements for digital 
cable systems to support unidirectional digital cable products. 
(Implementation of Section 304 of the Telecommunications Act of 1996: 
Commercial Availability of Navigation Devices; Compatibility Between 
Cable Systems and Consumer Electronics Equipment, Third Report and 
Order and Order on Reconsideration, FCC 10-181). These rules are 
necessary to improve the operation of the CableCARDs and bolster 
support for retail CableCARD devices so that consumers may access cable 
services without the need to lease a set-top box from their cable 
operator.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.640(b)(4)(ii) and (iii) Support for unidirectional digital cable 
products on digital cable systems.

Subpart O--Competitive Access To Cable Programming

    Brief Description: These rules establish policies and procedures 
for the consideration of complaints alleging unfair acts involving 
terrestrially delivered, cable-affiliated programming in violation of 
section 628(b) of the Communications Act of 1934. These rules will 
provide competitors to incumbent cable operators with an opportunity to 
obtain access to certain cable-affiliated programming that they are 
currently unable to offer their subscribers, thereby promoting 
competition in the delivery of video to consumer. (Review of the 
Commission's Program Access Rules and Examination of Programming Tying 
Arrangements, First Report and Order, FCC 10-17).
    Need: These rules are necessary to promote competition in the video 
distribution market.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.1000 (b), (c)(1), (j), (l), (m) Definitions.
    76.1001 Unfair practices generally.
    76.1002(b)(2) Specific unfair practices prohibited.
    76.1003(c)(3), (e)(1), (g)(1) and (2), (l) Program access 
proceedings.
    76.1004(a) Applicability of program access rules to common carriers 
and affiliates.
    Brief Description: These rules set forth the Commission's program 
access complaint procedures. (Implementation of the Cable Television 
Consumer Protection and Competition Act of 1992; Development of 
Competition and Diversity in Video Programming Distribution: Section 
628(c)(5) of the Communications Act; Sunset of Exclusive Contract 
Prohibition; Review of the Commission's Program Access Rules and 
Examination of Programming Tying Arrangements, Report and Order and 
Notice of Proposed Rulemaking, FCC 07-169).
    Need: These rules provide procedures for resolving program access 
disputes in furtherance of section 628 of the Communications Act.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 503, 521, 522, 
531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 
554, 556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.1003(i) through (k) Program access proceedings.

Subpart P--Competitive Availability of Navigation Devices

    Brief Description: These rules provide for the commercial 
availability of set top boxes and other consumer equipment used to 
receive video signals and other services. (Commercial Availability of 
Navigation Devices, Report and Order, FCC 98-116).
    Need: The intended effect of these rules is to expand opportunities 
for consumers to purchase this equipment from sources other than the 
service provider.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 
535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 
561, 571, 572, and 573.
    Section Number and Title:
    76.1200 Definitions.
    76.1201 Rights of Subscribers to Use or Attach Navigation Devices.
    76.1202 Availability of Navigations Devices.
    76.1203 Incidence of Harm.
    76.1206 Equipment Sale or Lease Charged Subsidy Prohibition.
    76.1207 Waivers.
    76.1208 Sunset of Regulations.
    76.1209 Theft of Services.
    76.1210 Effect on Other Rules.

Subpart Q--Regulation of Carriage Agreements

    Brief Description: This rule pertains to carriage of video 
programming vendors by multichannel video programming distributors 
(MVPDs) and the procedures for addressing complaints alleging 
violations of the Commission's program carriage rules. (Leased 
Commercial Access; Development of

[[Page 66254]]

Competition and Diversity in Video Programming Distribution and 
Carriage, Second Report and Order, FCC 11-119).
    Need: These rules are necessary to promote competition and 
diversity in the video programming and video distribution markets.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.1302(c) through (k) Support for unidirectional digital cable 
products on digital cable systems.

Subpart T--Notices

    Brief Description: This rule establishes annual consumer notice 
requirements with regards to cable operators charging fees for the 
rental of navigation devices and CableCARDs. (Implementation of Section 
304 of the Telecommunications Act of 1996: Commercial Availability of 
Navigation Devices; Compatibility Between Cable Systems and Consumer 
Electronics Equipment, Third Report and Order and Order on 
Reconsideration, FCC 10-181).
    Need: These rules are designed to protect consumers and ensure they 
are fully informed about fees related to the rental of navigation 
deices and CableCARDs from cable operators.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.1602(b)(7) and (8) Customer service--general information.

Subpart W--Encoding Rules

    Brief Description: These rules establish a definition of 
``unencrypted broadcast television'' and make clear what practices with 
regards to encoding, storing or managing commercial audiovisual content 
are not prohibited. (Implementation of Section 304 of the 
Telecommunications Act of 1996: Commercial Availability of Navigation 
Devices; Compatibility Between Cable Systems and Consumer Electronics 
Equipment, Report and Order, FCC 10-181).
    Need: These rules are necessary to improve the operation of the 
CableCARDs and bolster support for retail CableCARD devices so that 
consumers may access cable services without leasing a set-top box from 
their cable operators.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.
    Section Number and Title:
    76.1902(s) Definitions.
    76.1908(a) Certain practices not prohibited.

PART 78--CABLE TELEVISION RELAY SERVICE

Subpart B--Applications and Licenses

    Brief Description: This rule reduces the regulatory burden for the 
18 GHz band by adding new channel-size options for FS operations along 
with channelization and emission flexibility for multichannel video 
programming distributors below 18.3 GHz, thereby facilitating the 
relocation to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz. 
(Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed 
Microwave Services, Report and Order, FCC 06-141).
    Need: These rules are necessary to encourage efficient use of the 
spectrum by all FS licensees and provide a regulatory environment that 
will allow MVPDs to provide competitive services while protecting 
Federal earth stations.
    Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, and 309.
    Section Number and Title:
    78.19(f) introductory text, (f)(2) Interference.
    Brief Description: This rule establishes procedures to be used for 
frequency coordination between terrestrial Broadcast Auxiliary Service 
and Cable Television Relay Service (BAS/CARS) operations and 
geostationary satellite orbit (GSO) or non-geostationary satellite 
orbit (NGSO) fixed-satellite service (FSS) operations in certain 
spectrum bands. (Coordination Between the NonGeostationary and 
Geostationary Satellite Orbit, Report and Order, FCC 10-15).
    Need: These rules are necessary to ensure coordination of frequency 
assignments and prevent interference among users of certain spectrum 
bands.
    Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, and 309.
    Section Number and Title:
    78.36(a) through (d) Frequency Coordination.
    Brief Description: This rule waives the deadline by which Sprint 
Nextel must complete relocation of the broadcast auxiliary service 
(BAS) to frequencies above 2025 MHz until February 8, 2010. The rule 
also eliminates the requirement that MSS entrants to the 2000-2020 MHz 
band may not begin operations until the BAS incumbents in the top 30 
markets by population and all fixed BAS links in the 1990-2025 MHz band 
have been relocated. MSS entrants will be allowed to conduct operations 
in markets where the BAS incumbents have not been relocated only if 
they successfully coordinate with the BAS incumbents. (Replacement 
Digital Television Translator Service, Report and Order, FCC 09-36).
    Need: These rules helped to coordinate the timely relocation of BAS 
licensees in order to implement new services in the 1990-2025 MHz band.
    Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
    Section Number and Title:
    78.40(f)(1)(i) Transition of the 1990-2025 MHz Band from the Cable 
Television Relay Service to Emerging Technologies.

PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING

Subpart A--Video Programming Owners, Providers, and Distributors

    Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on 
television with captions. The FCC also imposes closed captioning 
requirements on certain apparatus that receive or play back video 
programming, and on certain recording devices. (Closed Captioning of 
internet Protocol Delivered Video Programming: Implementation of the 
Twenty-First Century Communications and Video Accessibility Act of 
2010, Report and Order, FCC 12-9).
    Need: These rules are necessary to enable individuals who are deaf 
or hard of hearing to have access to captioned IP-delivered video 
programming pursuant to the Twenty-First Century Communications and 
Video Accessibility Act of 2010.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 544a, 613, and 617.
    Section Number and Title:
    79.1(a)(4), (c) Closed captioning of televised video programming.
    Brief Description: This rule establishes certain requirements for 
video programming distributors to caption television programming and 
establishes a standard for exemption from the requirement. (Closed 
Captioning and Video Description of Video Programming, Report and 
Order, FCC 12-83).

[[Page 66255]]

    Need: This rule is necessary to implement section 613 of the 
Communications Act of 1934 and establishing a process by which video 
programming distributors may seek an exemption from the Commission's 
closed captioning requirements.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 309, 310, 330, 
544a, 613, and 617.
    Section Number and Title:
    79.1(d)(2), (f)(1) through (4), (f)(10) and (11) Closed captioning 
of televised video programming.
    Brief Description: These rules establish the requirement for 
certain television broadcasters and multichannel video programming 
distributor systems to provide video description services. (Video 
Description: Implementation of the Twenty-First Century Communications 
and Video Accessibility Act of 2010, Report and Order, FCC 11-126).
    Need: These rules are necessary to implement the requirements of 
the Twenty-First Century Communications and Video Accessibility Act of 
2010.
    Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
    Section Number and Title:
    79.1(i)(1) and (2) Closed captioning of televised video 
programming.
    79.3 Audio description of video programming.
    Brief Description: This rule establishes a means by which video 
programming distributors are permitted to provide contact information 
to the Commission for the handling of closed captioning questions and 
complaints. (Closed Captioning of Video Programming, Order, FCC 09-
109).
    Need: This rule is necessary to ensure the Commission has necessary 
contact information for video programming distributors in order to 
promptly address closed captioning concerns and complaints.
    Legal Basis: 47 U.S.C. 154(i), 303I, and 613.
    Section Number and Title:
    79.1(i)(3) Closed captioning of televised video programming.
    Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on 
television with captions. The FCC also imposes closed captioning 
requirements on certain apparatus that receive or play back video 
programming, and on certain recording devices. (Closed Captioning of 
internet Protocol Delivered Video Programming: Implementation of the 
Twenty-First Century Communications and Video Accessibility Act of 
2010, Report and Order, FCC 12-9).
    Need: These rules are necessary to enable individuals who are deaf 
or hard of hearing to have access to captioned IP-delivered video 
programming pursuant to the Twenty-First Century Communications and 
Video Accessibility Act of 2010.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 544a, 613, and 617.
    Section Number and Title:
    79.4 Closed captioning of video programming delivered using 
internet protocol.
    Brief Description: Part 79, Subpart A implements section 713 of the 
Communications Act of 1934, as amended. Section 713, Video Programming 
Accessibility, was added to the Communications Act by section 305 of 
the Telecommunications Act of 1996 and directed the Commission to adopt 
rules that generally require the closed captioning of video programming 
shown on television. In 2009, the rules were amended by adding 
paragraphs (a)(5)(i) and (ii) to Sec.  79.1 defining what constitutes 
``new programming,'' subject to captioning requirements for both analog 
and digital video programming shown on television. Paragraph (i) of 
this section, which was also added to Sec.  79.1, adopted requirements 
for video programming distributors to make their contact information 
available to consumers.
    Need: Closed captioning is an assistive technology that provides 
persons with hearing disabilities access to television programs. Closed 
captioning displays the audio portion of a television signal as printed 
words on the television screen. Congress has directed the Commission to 
prescribe and maintain regulation to implement the provision of closed 
captioning for video programming shown on television.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 330, 544a, 613, 
and 617.
    Section Number and Title:
    79.1(a)(5)(i) and (ii) New Programming.
    79.1(i) Contact information.
    Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on 
television with captions. The FCC also imposes closed captioning 
requirements on certain apparatus that receive or play back video 
programming, and on certain recording devices. (Closed Captioning of 
internet Protocol Delivered Video Programming: Implementation of the 
Twenty-First Century Communications and Video Accessibility Act of 
2010, Report and Order, FCC 12-9).
    Need: These rules are necessary to enable individuals who are deaf 
or hard of hearing to be able to have access to captioned IP-delivered 
video programming pursuant to the Twenty-First Century Communications 
and Video Accessibility Act of 2010.
    Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 544a, 613, and 617.
    Section Number and Title:
    79.100 Incorporation by reference.
    79.101 Closed caption decoder requirements for analog television 
receivers.
    79.102 Closed caption decoder requirements for digital television 
receivers and converter boxes.
    79.103 Closed caption d[eacute]cor requirements for apparatus.
    79.104 Closed caption decoder requirements for recording devices.

PART 80--STATIONS IN THE MARITIME SERVICES

Subpart A--General Information

    Brief Description: Part 80 rules set forth the conditions under 
which radio stations may be licensed and used in the maritime services. 
Subpart A contains the statutory basis for this part of the rules and 
provides the purpose for which this part is issued.
    Need: Section 80.7 provides that certain material is incorporated 
by reference into this part with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. In order to 
enforce any edition other than that specified in this section, the 
Federal Communications Commission must publish notice of the change in 
the Federal Register and the material must be available to the public. 
The need to continue the coordination with the Federal Register is 
ongoing.
    Legal Basis: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T. 
4726, 12 U.S.T. 2377.
    Section Number and Title:
    80.7 Incorporation by reference.

Subpart E--General Technical Standards

    Brief Description: The part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
E rules prescribe the general technical requirements for the use of 
frequencies and equipment in the maritime services.
    Need: Section 80.203(b)(4) provides for authorized channels to be 
programmed via computerized remote control, while Sec.  80.231 sets out 
the technical requirements for a class of equipment used to locate a 
survival craft or distressed vessel. The need for these rules is 
ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as

[[Page 66256]]

amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise 
noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.
    Section Number and Title:
    80.203(b)(4) Authorization of transmitters for licensing.
    80.231 Technical Requirements for Class B Automatic Identification 
System (AIS) equipment.

Subpart F--Equipment Authorization For Compulsory Ships

    Brief Description: The part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
F rules prescribe the general technical requirements for certification 
of equipment used on compulsory ships.
    Need: Section 80.277 specifies the equipment that may be used by 
Ship Security Alert Systems (SSAS). The need for this rule is ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.277 Ship Security Alert System (SASS).

Subpart G--Safety Watch Requirements And Procedures

    Brief Description: Part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
G rules set out the procedures for Coast Station safety watches.
    Need: Section 80.314(d) describes the procedures for canceling 
false distress alerts. Section 80.327(e), (f), and (g) prescribe 
procedures for sending, receiving, and canceling of urgency signals. 
Section 80.329 (g) sets out requirements for stations hearing a safety 
signal. The need for these rules is ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.314(d) Distress communications.
    80.327(e), (f), (g) Urgency signals and messages.
    80.329(g) Safety signals and messages.

Subpart H--Frequencies

    Brief Description: The part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
H describes the carrier frequencies and general conditions of use for 
the types of radiotelephony governed by 47 CFR part 80, and Sec.  
80.373 specifically describes the carrier frequency pairs assignable 
for private on-board mobile radiotelephony communications.
    Need: Section 80.373(g)(2) allows, where needed, equipment designed 
for 12.5 kHz channel spacing using the additional frequencies 457.5375 
MHz, 457.5625 MHz, 467.5375 MHz, and 467.5625 MHz to be introduced for 
on-board communications. The need for this section is ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.373(g)(2) Private communications frequencies.

Subpart I--Station Documents

    Brief Description: Part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
I requires that licensees of radio stations have current station 
documents.
    Need: Section 80.409(e)(6) requires a weekly entry that verifies 
that certain safety devices have been tested and inspected.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.409(e)(6) Station logs.

Subpart J--Public Coast Stations

    Brief Description: Part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
J sets out the requirements and parameters for public coast stations.
    Need: Section 80.475(d) sets out requirements for when certain AMTS 
systems are required to connect to the public switched telephone 
network. The need for this rule is ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.475(d) Scope of service of the Automated Maritime 
Telecommunications System (AMTS).

Subpart R--Technical Equipment Requirements for Cargo Vessels not 
Subject to Subpart W

    Brief Description: The Part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
R rules provide the radiotelephone requirements for cargo ships of 300 
to 1600 gross tons.
    Need: Section 80.882 requires ships subject to this subpart of 
maintain a watch on the frequency 2182 kHz. The need for this rule is 
ongoing.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.882 2182 kHz watch.

Subpart S--Compulsory Radiotelephone Installations for Small 
Passenger Boats

    Brief Description: Part 80 rules set forth the conditions under 
which radio stations may be licensed and used in the maritime services. 
Subpart S provides that the provisions of Part III of Title III of the 
Communication Act require United States vessels which transport more 
than six passengers for hire while such vessels are being navigated on 
any tidewater within the jurisdiction of the United States adjacent or 
contiguous to the open sea, or in the open sea to carry a 
radiotelephone installation complying with this subpart.
    Need: Section 80.917(h) sets forth the conditions by which any 
small passenger vessel, the keel of which was laid after March 1, 1957, 
must have a reserve power supply located on the same deck as the main 
wheelhouse or at least one deck above the vessel's main deck, unless 
the main power supply is so situated. Further, beginning January 2, 
2013, any small passenger vessel that does not carry a reserve power 
supply must carry at least one VHF handheld radiotelephone. The need 
for this section is ongoing.

[[Page 66257]]

    Legal Basis: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T. 
4726, 12 U.S.T. 2377.
    Section Number and Title:
    80.917(h) Reserve power supply.

Subpart W--Global Maritime Distress and Safety System (GMDSS)

    Brief Description: Part 80 rules set forth the conditions under 
which radio may be licensed and used in the maritime services. Subpart 
W rules apply to all passenger ships regardless of size and cargo ships 
of 300 tons gross tonnage and upwards, mostly fishing vessels, with 
some exceptions.
    Need: The rules in this subpart require that all compulsory 
vessels, including fishing vessels of 300 gross tons or more, must 
comply with all the GMDSS requirements appropriate to their area of 
operation. A separate safety system for fishing vessels would be 
expensive, difficult to administer, and would cause confusion during a 
distress incident. Sections 80.1101(c)(2)(iii), (c)(3)(iii), 
(c)(12)(vi),and (c)(13)(x) specify the appropriate performance 
standards to which listed equipment must conform, as well as applicable 
testing requirements.
    Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as 
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 
2377.
    Section Number and Title:
    80.1101(c)(2)(iii), (c)(3)(iii), (c)(12)(vi), (c)(13)(x) 
Performance standards.
    Brief Description: Part 80 rules set forth the conditions under 
which radio stations may be licensed and used in the maritime services. 
Subpart W contains the rules applicable to the Global Maritime Distress 
and Safety System (GMDSS). Every ship of the United States subject to 
part II of title III of the Communications Act or the Safety Convention 
must comply with the provisions of this subpart. The rules in this 
subpart are to be read in conjunction with the applicable requirements 
contained elsewhere in this part; however, in case of conflict, the 
provisions of this subpart shall govern with respect to the GMDSS. For 
the purposes of this subpart, distress and safety communications 
include distress, urgency, and safety calls and messages.
    Need: Section 80.1107 provides that unless the normal use of the 
required radiotelephone station demonstrates that the equipment is 
operating, a test communication on a required or working frequency must 
be made each day the ship is navigated. Further, when this test is 
performed by a person other than the master and the equipment is found 
to be defective, the master must be promptly notified. The need for 
this section is ongoing.
    Legal Basis: 47 U.S.C. 151-155, and 301-609; 3 U.S.T. 3450, 3 
U.S.T. 4726, 12 U.S.T. 2377.
    Section Number and Title:
    80.1107 Test of radiotelephone station.

PART 87--AVIATION SERVICES

Subpart D--Technical Requirements

    Brief Description: Part 87 states the conditions under which radio 
stations may be licensed and used in the aviation services. Some 
maritime frequencies are authorized for use by aircraft stations for 
safety and distress, public correspondence and for operational 
communications. Subpart D provides for the technical requirements under 
which radio stations may be licensed and used in the aviation services.
    Need: Section 87.133(g) sets forth the carrier frequency tolerances 
each station operating under this subpart must maintain. Any 
aeronautical enroute service transmitter operating in U.S. controlled 
airspace with 8.33 kHz channel spacing (except equipment being tested 
by avionics equipment manufacturers and flight test stations prior to 
delivery to their customers for use outside U.S. controlled airspace) 
must achieve 0.0005% frequency stability when operating in that mode. 
The need for this section is ongoing.
    Legal Basis: 47 U.S.C. 154, 303, and 307(e), unless otherwise 
noted.
    Section Number and Title:
    87.133(g) Frequency stability.

Subpart F--Aircraft Stations

    Brief Description: Part 87 states the conditions under which radio 
stations may be licensed and used in the aviation services. Some 
maritime frequencies are authorized for use by aircraft stations for 
safety and distress, public correspondence and for operational 
communications. Subpart F provides that aircraft stations must limit 
their communications to the necessities of safe, efficient, and 
economic operation of aircraft and the protection of life and property 
in the air, except as otherwise specifically provided in this part. 
Contact with an aeronautical land station must only be attempted when 
the aircraft is within the service area of the land station.
    Need: Sections 87.187(gg) and (hh) provide that the frequencies 
used for air-ground communications are listed in subpart E and that 
aircraft stations may use frequencies assigned to Government or non-
Government aeronautical stations or radionavigation land stations if 
the communications are within the aeronautical or radionavigation land 
station scope of service, including specified frequencies in the 
Hawaiian islands and other specified coordinate locations.
    Further, transmissions by emergency locator transmitters (ELTs) are 
intended to be actuated manually or automatically and operated 
automatically as part of an aircraft or a survival craft station as a 
locating aid for survival purposes. Section 87.195 provides that ELTs 
that operate only on frequency 121.5 MHz will no longer be certified 
and that the manufacture, importation, and sale of ELTs that operate 
only on frequency 121.5 MHz is prohibited beginning July 10, 2019. The 
need for this section is ongoing.
    Legal Basis: 47 U.S.C. 154, 303, and 307(e)., unless otherwise 
noted.
    Section Number and Title:
    87.187(gg) and (hh) Frequencies.
    87.195 121.5 MHz ELTs.

Subpart J--Flight Test Stations

    Brief Description: Part 87 states the conditions under which radio 
stations may be licensed and used in the aviation services. Some 
maritime frequencies are authorized for use by aircraft stations for 
safety and distress, public correspondence and for operational 
communications. Subpart J provides that the use of flight test stations 
is restricted to the transmission of necessary information or 
instructions relating directly to tests of aircraft or components 
thereof.
    Need: Section 87.303(f) denotes the frequencies available for 
assignment to flight test land and aircraft stations and additional 
frequencies available for assignment only to flight test stations of 
aircraft manufacturers. Further, frequency assignments for Flight Test 
VHF Stations may be based on either 8.33 kHz or 25 kHz spacing. The 
need for this section is ongoing.
    Legal Basis: 47 U.S.C. 154, 303, and 307(e), unless otherwise 
noted.
    Section Number and Title:
    87.303(f) Frequencies.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

Subpart A--General Information

    Brief Description: Part 90 sets forth the conditions under which 
radio

[[Page 66258]]

communications systems may be licensed and used in the Public Safety, 
Industrial/Business Radio Pool, and Radiolocation Radio Services. These 
rules do not govern the licensing of radio systems belonging to and 
operated by the United States. Sets forth the rules governing the 
Emergency Alert System (EAS).
    Need: Further clarified that and the environmental processing 
requirements that, together with the procedures specified in Sec.  
17.4(c) of this chapter, if applicable, must be complied with prior to 
initiating construction.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:
    90.5(b) and (f) Other applicable rule parts.
    Brief Description: The Part 90 rules set forth 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 A rules inform the general basis, purposes, and 
definitions of the rules.
    Need: Section 90.5 lists other rule parts of importance that may be 
referred to with respect to licensing and operations in radio services 
governed under this part. Section 90.5(n) provides a cross-reference to 
Part 101, which governs the operation of fixed microwave services. The 
need for this rule is ongoing for clarity and to prevent confusion.
    Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.5(n) Other applicable rule parts.

Subpart B--Public Safety Pool

    Brief Description: Subpart B addresses the Public Safety Radio 
Pool.
    Need: Pursuant to the Middle Class Tax Relief and Job Creation Act 
of 2012, Public Law 112-96, 126 Stat. 156 (2012), this provision 
allocates the 758-769 MHz and 788-799 MHz bands for use by the First 
Responder Network Authority to deploy a nationwide public safety 
broadband network as prescribed by statute.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 
1401-1473.
    Section Numbers and Title:
    90.19 Nationwide Public Safety Broadband Network.
    Brief Description: Subpart B outlines regulations for frequencies 
the Public Safety Radio Pool.
    Need: For administrative convenience and clarity assigned channel 
names for the thirty-two frequency pairs listed in paragraph 
(d)(66)(i).
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Numbers and Title:
    90.20(d)(66)(i) Public Safety Pool.
    Brief Description: These rules set forth the conditions under which 
radio communications systems may be licensed and used in the Public 
Safety, I. These rules do not govern the licensing of radio systems 
belonging to and operated by the United States.
    Need: The rules were amended to clarify the frequencies available 
to Public Safety Entities.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Numbers and Title:
    90.20(c)(7) Additional frequencies available.
    Brief Description: Subpart B concerns the frequencies generally 
available to Public Safety Entitles.
    Need: Grandfathered public safety licensees licensed to operate on 
157.225 MHz/161.825 MHz and 157.275 MHz/161.875 MHz.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:
    90.20(g)(2)(ii) Additional frequencies available.
    Brief Description: This part states the conditions under which 
radio communications systems may be licensed and used in the Public 
Safety Pool. These rules do not govern the licensing of radio systems 
belonging to and operated by the United States.
    Need: This part states the conditions under which radio 
communications systems may be licensed and used in the Public Safety 
Pool. These rules do not govern the licensing of radio systems 
belonging to and operated by the United States.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
    Section Number and Title:
    90.20(g)(3)(i) and (ii), (g)(3)(iii)(B) and (D), and (g)(3)(vi) 
Public Safety Pool.

Subpart C--Industrial/Business Radio Pool

    Brief Description: Subpart addresses the Industrial/Business Pool 
including the entities eligible for licensure in the pool.
    Need: The rules were amended to increase the availability of 
frequencies in the Industrial/Business Pool to Public Safety licensees.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Numbers and Titles:
    90.35(a)(5) Eligibility.
    Brief Description: Part 90 rules set forth 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 C rules set forth the rules specific to the 
Industrial/Business Radio Pool.
    Need: Section 90.35(c)(91) explains assignment limitations to the 
frequency table, specifically a cross-reference that Subpart M of this 
part contains rules for assignment of frequencies in the 5850-5925 MHz 
band. This reference is necessary for clarity of the section.
    Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.35(c)(91) Industrial/Business Pool (title of 90.35).

Subpart F--Radiolocation Service

    Brief Description: The Radiolocation Service accommodates the use 
of radio methods for determination of direction, distance, speed, or 
position for purposes other than navigation. Rules as to eligibility 
for licensing, permissible communications, frequency available, and any 
special requirements are set forth in this subpart.
    Need: Clarifies that the frequency band set forth in the table in 
103(b) is shared with and stations operating in this frequency band in 
this service are on a secondary basis to stations licensed in the 
Maritime Mobile Service.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Titles:
    90.103(c)(1) Radiolocation Service.
    Brief Description: Part 90 sets forth the conditions under which 
radio communications systems may be licensed and used in the Public 
Safety, Industrial/Business Radio Pool, and Radiolocation Radio 
Services. These rules do not govern the licensing of radio systems 
belonging to and operated by the United States.
    Need: The rules are needed to implement the Commission's authority 
under Title III of the Communications Act of 1934, as amended which 
vests authority in the Federal Communications Commission to regulate 
radio transmission and to issue licenses for radio stations.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:

[[Page 66259]]

    90.103(c)(21) Radiolocation Service.

Subpart G--Supplemental Information to be Routinely Submitted With 
Applications.

    Brief Description: Outlines the information that must be routinely 
provided with any application for licensure in the Public Safety, 
Industrial/Business Radio Pool, and Radiolocation Radio Services.
    Need: Further clarified that applicants must comply with the 
environmental provisions of Sec.  17.4(c).
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:
    90.129(g) Supplemental information to be routinely submitted with 
applications.

Subpart H--Policies Governing the Assignment of Frequencies

    Brief Description: Part 90 rules set forth 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 H rules inform about the policies under which the 
Commission assigns frequencies for the use of licensees under this 
part, frequency coordination procedures, and procedures under which 
licensees may cooperatively share radio facilities.
    Need: Sections 90.175(j)(18)-(22) provide types of applications 
that need not be accompanied by evidence of frequency coordination, 
including applications for frequencies in the 4940-4990 MHz band. This 
rule allows for efficiency and streamlining; the need for this rule is 
ongoing.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), 
and Title VI of the Middle Class Tax Relief and Job Creation Act of 
2012, Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.175(j)(18) through (21) Frequency coordinator requirements.
    90.175(j)(22) Frequency coordinator requirements (title of 90.175).

Subpart I--General Technical Standards

    Brief Description: Part 90 states the conditions under which radio 
communications systems may be licensed and used in the Public Safety, 
Industrial/Business Radio Pool, and Radiolocation Radio Services. 
Subpart I sets forth the general technical requirements for use of 
frequencies and equipment in the radio services governed by this part. 
Such requirements include standards for acceptability of equipment, 
frequency tolerance, modulation, emissions, power, and bandwidths.
    Need: These technical standards are needed to ensure that public 
safety communications devices are interoperable and do not cause 
harmful interference to other authorized communications. Section 
90.205(j) specifies the rules for power and height limitations between 
758-775 MHz and 788-805 MHz. Section 90.209(b)(5) Table 1, footnote 6 
provides that operations using equipment designed to operate with a 25 
kilohertz channel bandwidth may be authorized up to a 20 kilohertz 
bandwidth unless the equipment meets the Adjacent Channel Power limits 
of 90.221 in which case operations may be authorized up to a 22 
kilohertz bandwidth. Section 90.209(b)(7) provides the conditions in 
which Economic Area (EA)-based licensees in frequencies 817-824/862-869 
MHz (813.5-824/858.5-869 MHz) may exceed the standard channel spacing 
and authorized bandwidth. Section 90.210 Table 1, footnote 5 provides 
that equipment designed to operate on 25 kilohertz bandwidth channels 
must meet the requirements of either Emission Mask B or G, whichever is 
applicable, while equipment designed to operate on 12.5 kilohertz 
bandwidth channels must meet the requirements of Emission Mask D.
    Section 90.221 specifies the frequencies and adjacent channel power 
limits equipment designed to operate with a 25 kHz channel bandwidth 
may be authorized up to a 22 kHz bandwidth. The need for these rules is 
ongoing.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), 
1401-1473, and Title VI of the Middle Class Tax Relief and Job Creation 
Act of 2012, Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.205(j) Power and antenna height limits.
    90.209(b)(5) Table 1, fn 6 Bandwidth limitations.
    90.209(b)(7) Bandwidth limitations.
    90.210 Table 1, fn 5 Emission masks.
    90.221 Adjacent channel power limits.

Subpart J--NON-Voice and Other Specialized Operations

    Brief Description: This subpart sets forth requirements and 
standards for licensing and operation of non-voice and other 
specialized radio uses (other than radiolocation, including mobile 
relay stations.
    Need: Describes the policies, duties and requirements for frequency 
coordinators.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
    Section Number and Title:
    90.243(b)(1) Mobile relay stations.
    Brief Description: Subpart J sets forth requirements and standards 
for licensing and operation of non-voice and other specialized radio 
uses (other than radiolocation). Such uses include secondary signaling, 
telemetry, radioteleprinter, radiofacsimile, automatic vehicle 
monitoring (AVM), radio call box, relay, vehicular repeater, and 
control station operations.
    Need: Amended provision to allow mobile repeaters to use either 
analog or digital control tones.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:
    90.247(f) Mobile repeater stations.

Subpart K--Standards for Special Frequencies or Frequency Bands

    Brief Description: Sets Forth the policies under which the 
Commission assigns frequencies for the use of licensees under this 
part, frequency coordination procedures, and procedures under which 
licensees may cooperatively share radio facilities.
    Need: Describes the policies, duties and requirements for frequency 
coordinators.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
    Section Number and Title:
    90.528(d) Public Safety Broadband License.

Subpart R--Regulations Governing Licensing and Use of Frequencies 
in the 763-775 and 793-805 MHZ Bands

    Brief Description: This subpart regulates licensing and operations 
of all systems operating in the in the 763-775 and 793-805 MHz bands. 
It includes eligibility, operational, planning and licensing 
requirements and technical standards for stations licensed in these 
bands. Stations eligible to hold authorizations in these bands are 
State or local government entities, and nongovernmental organizations 
that provide services, the sole or principal purpose of which is to 
protect the safety of life, health, or property.
    Need: Sections 90.542 and 90.543(e), respectively, set the 
broadband transmitting power limits and emission limits for this 
subpart. The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7); 
Title VI of the Middle Class Tax Relief and Job

[[Page 66260]]

Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.542 Broadband transmitting power limits.
    90.543(e) Emission limitations.

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

    Brief Description: Subpart S regulates the frequencies in the 800 
MHz band in order to foster the Provision of ``Enhanced Specialized 
Mobile Radio,'' a term used to designate 800 MHz systems that employ 
cellular system architecture.
    Need: Revised the 800 MHz band plan for the U.S. Virgin Islands 
(USVI) in order to accomplish the Commission's goals for 800 MHz band 
reconfiguration. Created consistency between Puerto Rico and USV.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473.
    Section Number and Title:
    90.617(k)(1) through (4) Frequencies in the 809.750-824/854.750-869 
MHz, and 896-901/935-940 MHz bands available for trunked, conventional 
or cellular system use in non-border areas.
    Brief Description: This subpart regulates licensing and operations 
of all systems operating in the 806-824/851-869 MHz and 896-901/935-940 
MHz bands. It includes eligibility requirements, and operational and 
technical standards for stations licensed in these bands and also 
supplements the Commission's Part 1 rules regarding application 
procedures.
    Need: Sections 90.617 (k)(3) and (4) set the minimum required 
median desired signal for mobile units and portable units for purposes 
of determining unacceptable interference. These rules result in 
efficient use of the spectrum regardless of the reconfiguration status 
of the band while preventing interference along the border and 
protecting operations by non-cellular licensees.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7); 
Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, 
Public Law 112-96, 126 Stat. 156.
    Section Number and Title:
    90.617(k)(3) and (4) Frequencies in the 809.750-824/854.750-869 
MHz, and 896-901/935-940 MHz bands available for trunked, conventional 
or cellular system use in non-border areas (title of 90.617).
    Brief Description: This subpart sets out the regulations governing 
the licensing and operations of all systems operating in the 806-824/
851-869 MHz and 896-901/935-940 MHz bands. It includes eligibility 
requirements, and operational and technical standards for stations 
licensed in these bands. It also supplements the rules regarding 
application procedures contained in part 1, subpart F of this chapter. 
The rules in this subpart are to be read in conjunction with the 
applicable requirements contained elsewhere in this part; however, in 
case of conflict, the provisions of this subpart shall govern with 
respect to licensing and operation in these frequency bands.
    Need: Implements bilateral agreements with Canada and Mexico.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
    Section Number and Title:
    90.619(c)(2) introductory text, (c)(2) Table C3, (c)(5) 
introductory text, (c)(5) Table C5, (c)(7) introductory text, (c)(7) 
Table C7, (c)(11) introductory text Operations within the U.S./Mexico 
and U.S./Canada border areas.
    Brief Description: Subpart S provides for the selection and 
assignment of frequencies in the 800 MHz band.
    Need: Amended the provision to restore language that was 
inadvertently deleted when the rule was amended in another proceeding.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and 
1401-1473
    Section Number and Title:
    90.621(a) Selection and assignment of frequencies.

Subpart Y--Regulations Governing Licensing and Use of Frequencies 
in yhe 4940-4990 MHZ Band

    Brief Description: This subpart sets out the regulations governing 
use of the 4940-4990 MHz (4.9 GHz) band. It includes eligibility 
requirements, and specific operational and technical standards for 
stations licensed in this band. The rules in this subpart are to be 
read in conjunction with the applicable requirements contained 
elsewhere in this part; however, in case of conflict, the provisions of 
this subpart shall govern with respect to licensing and operation in 
this band.
    Need: Implements bilateral agreements with Canada and Mexico.
    Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
    Section Number and Title:
    90.1207(d) Licensing.

PART 95--PERSONAL RADIO SERVICES

Subpart H--Wireless Medical Telemetry Service

    Brief Description: Part 95 contains the Commission rules relating 
to personal radio services. Rules in subpart H contains rules that 
apply to the Wireless Medical Telemetry Service (WMTS) operating in the 
608-614 MHz, 1395-1400 MHz, and 1427-1432 MHz frequency bands. WMTS 
devices are used for remote monitoring of patients in thousands of 
health care facilities across the country.
    Need: Section 95.2309(b) governs the initial registration 
requirements prior to the first use of a WMTS device by an authorized 
health care provider. The need for this rule is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307.
    Section Number and Title:
    95.2309(b) WMTS frequency coordination.

Subpart I--Medical Device Radio Communications Service

    Brief Description: Part 95 establishes the requirements and 
conditions under which stations and devices incorporating radio 
transmitters may be designed, manufactured, certified, marketed, 
operated and used in the Personal Radio Services. Subpart I contains 
rules that apply only to the Medical Device Radio Communications 
(MedRadio) Service.
    Need: Section 95.2509 provides that the operation of Medical Body 
Area Network (MBAN) devices is subject to the frequency coordination 
procedures in this section. Section 95.2525 provides that to reduce 
interference and make the most efficient use of the authorized 
facilities, MedRadio transmitters must share the spectrum in accordance 
with other specified provisions within this subpart. Section 95.2533(c) 
provides that MedRadio programmer/control transmitters and medical 
implant transmitters may not be used to relay information in the 413-
419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands to a receiver 
that is not a part of the same Medical Micropower Network (MMN). 
Section 95.2533(d) provides that medical body-worn transmitters may 
relay only information in the 2360-2400 MHz band to a MedRadio 
programmer/control transmitter or another medical body-worn transmitter 
device that is part of the same Medical Body Area Network (MBAN). 
Section 95.2557(d) provides that MedRadio programmer/control 
transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, 
and 451-457 MHz bands shall not transmit with a duty cycle greater than 
3 percent. Section 95.2559 provides that to reduce interference and 
make the most effective use of the MedRadio frequency bands, MedRadio 
transmitter types must be

[[Page 66261]]

designed to operate in accordance with the rules in this section. 
Section 95.2563(e) provides that only MedRadio transmitters that are 
part of a Medical Micropower Network (MMN) may operate in the 413-419 
MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Section 95.2565 
provides that each MedRadio transmitter type must be designed to 
maintain a frequency stability of 100 ppm of the operating 
frequency over the applicable temperature range set forth in this 
section. Section 95.2567 provides that each MedRadio transmitter type 
must be designed such that the MedRadio equivalent isotropically 
radiated power (M-EIRP) does not exceed the limits in this section. 
Section 95.2567(e) provides that for MedRadio transmitters operating in 
the 2360-2390 MHz band, the M-EIRP over the bands of operation must not 
exceed the lesser of zero dBm (1 mW) or 10 log (B) dBm, where B is the 
MedRadio 20 dB emission bandwidth in megahertz. Section 95.2567(f) 
provides that for MedRadio transmitters operating in the 2390-2400 MHz 
band, the M-EIRP over the bands of operation must not exceed the lesser 
of 13 dBm (20 mW) or 16 + 10 log (B) dBm, where B is the MedRadio 20 dB 
emission bandwidth in megahertz. Section 95.2569 provides that 
compliance with MedRadio equivalent isotropic radiated power (M-EIRP) 
limits can be determined by measuring the radiated field strength from 
the transmitter type, in accordance with the rules in this section. 
Section 95.2573 provides that each MedRadio transmitter type must be 
designed such that the MedRadio emission bandwidth (as defined in 
95.2503) does not exceed the applicable limits set forth in this 
section. Section 95.2579(a)(5) provides that The field strengths of 
unwanted emissions from each MedRadio transmitter type, measured at a 
distance of 3 meters, must not exceed the field strength limits shown 
in the table in this paragraph for the indicated frequency ranges, if 
the frequencies of these emissions are, among other things, more than 
2.5 MHz outside of the 2360-2400 MHz band (for devices designed to 
operate in the 2360-2400 MHz band). Section 95.2579(f) provides that 
for MedRadio transmitter types designed to operate in the 2360-2400 MHz 
band: In the first 2.5 megahertz above or below any of the frequency 
bands authorized for MBAN operation, the EIRP of any unwanted emission 
must be attenuated within a 1 megahertz bandwidth by at least 20 dB 
relative to the maximum EIRP within any 1 megahertz bandwidth of the 
fundamental emission. Section 95.2587 provides that the antenna 
associated with any MedRadio transmitter must be supplied with the 
transmitter and is considered part of the transmitter subject to 
equipment authorization and that MedRadio transmitters shall be tested 
for frequency stability, radiated emissions and EIRP limit compliance 
in accordance with applicable rules. Section 95.2593(c) provides that 
MedRadio programmer/control transmitters operating in the 2360-2400 MHz 
band shall bear the following statement in a conspicuous location on 
the device: ``This device may not interfere with stations authorized to 
operate on a primary basis in the 2360-2400 MHz band, and must accept 
any interference received, including interference that may cause 
undesired operation.'' Section 95.2595(c) provides that manufacturers 
of MedRadio transmitters must include with each transmitting device a 
disclosure that states that the transmitter must not cause harmful 
interference to stations operating in the 400.150-406.000 MHz band.
    The need for these sections is ongoing.
    Legal Basis: 47 U.S.C. 154, 303, and 307.
    Section Number and Title:
    95.2509 MBAN registration and frequency coordination.
    95.2525 MedRadio interference.
    95.2533(c), (d) Prohibited MedRadio uses.
    95.2557(d) MedRadio duration of transmission.
    95.2559 MedRadio channel access requirements.
    95.2563(e) MedRadio frequency bands.
    95.2565 MedRadio frequency accuracy.
    95.2567 MedRadio radiated power limits.
    95.2567(e) Transmitters--2360-2390 MHz band.
    95.2567(f) Transmitters--2390-2400 MHz band.
    95.2569 MedRadio field strength measurements.
    95.2573 MedRadio authorized bandwidths.
    95.2579(a)(5), (f) MedRadio unwanted emissions limits.
    95.2587 MedRadio additional requirements.
    95.2593(c) MedRadio labeling requirements.
    95.2595(c) MedRadio disclosures.

PART 97--AMATEUR RADIO SERVICE

Subpart A--General Provisions

    Brief Description: Part 97 provides the rules and regulations for 
the amateur radio service. Subpart A provides general provisions for 
the service, including requirements, restrictions, and definitions.
    Need: Section 97.3(a)(27) provides the definition of a licensee's 
``in-law.'' Section 97.31 provides the method and documentation 
required for requesting cancellation of a license grant on account of 
the licensee's death. The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 151-155, and 301-609.
    Section Number and Title:
    97.3(a)(27) Definitions.
    97.31 Cancellation on account of the license's death.

Subpart C--Special Operations

    Brief Description: Section 97.221 specifies the conditions under 
which a digital Amateur Radio Service station may be automatically 
controlled. Section 97.221(c) clarifies when a station may be 
automatically controlled while emitting a RTTY or data emission.
    Need: These rules are needed to ensure that Amateur Radio Service 
stations operate as intended and do not cause harmful interference, 
including while being automatically controlled.
    Legal Basis: 47 U.S.C. 151-155, and 301-609.
    Section Number and Title:
    97.221(c) Automatically controlled digital station.

Subpart D--Technical Standards

    Brief Description: These rules specify various technical rules for 
operation of Amateur Radio Service stations, including frequency 
sharing requirements, authorized emission types, emission standards, 
and transmitter power standards.
    Need: These rules are needed to ensure that Amateur Radio Service 
stations operate as intended and do not cause harmful interference.
    Legal Basis: 47 U.S.C. 151-155, and 301-609.
    Section Number and Title:
    97.303(h) Frequency sharing requirements.
    97.305(c) Authorized emission types.
    Brief Description: The rules and regulations of Part 97 are 
designed to provide for an amateur radio service having, among other 
principles, (1) recognition and enhancement of the value of the amateur 
service to the public as a voluntary noncommercial communication 
service, particularly with respect to providing emergency 
communications, (2) continuation and extension of the amateur's proven 
ability to contribute to the advancement

[[Page 66262]]

of the radio art, and (3) encouragement and improvement of the amateur 
service through rules which provide for advancing skills in both the 
communication and technical phases of the art.
    Subpart D sets forth the technical standards for equipment 
operating under this part including authorized frequency bands, 
emission standards and transmitter power standards.
    Need: Section 97.307(f)(14) sets forth the emission standards for 
the 60 m amateur band. Section 97.313(j) states that no station may 
transmit with a transmitter output exceeding 10 W PEP when the station 
is transmitting a SS emission type. The need for these sections is 
ongoing.
    Legal Basis: 47 U.S.C. 151-155, and 301-609, unless otherwise 
noted.
    Section Number and Title:
    97.307(f)(14) Emission standards.
    97.313(f), (i), (j) Transmitter power standards.

PART 101--FIXED MICROWAVE SERVICES

Subpart C--Technical Standards

    Brief Description: Part 101 contains service and licensing rules 
for Fixed Microwave Services. Subpart C sets forth technical standards 
for these services.
    Need: The revised rules establish antenna standards in the 10,700-
11,700 MHz band (101.115(f)) and assignments and conditions for 30 
megahertz bandwidth channels in the 6,525-6,875 MHz band (101.147(a) 
n.33 and (k)(8)). The need for these rules is ongoing.
    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, and 309.
    Section Number and Title:
    101.115(f) Emission limitations.
    101.147(a) n.33, (k)(8) Frequency assignments.
    101.147(a) note (34), (i)(9), (l), (o)(8) Frequency assignments.

[FR Doc. 2023-20561 Filed 9-25-23; 8:45 am]
BILLING CODE 6712-01-P