Federal Register: December 30, 2008 (Volume 73, Number 250)

DOCID: fr30de08-20 FR Doc E8-31007

FEDERAL COMMUNICATIONS COMMISSION

Federal Communications Commission

CFR Citation: 47 CFR Chapter I

DA ID: [DA 08-157]

NOTICE: RULES

DOCID: fr30de08-20

DOCUMENT ACTION: Review of regulations; comments requested.

SUBJECT CATEGORY:

Possible Revision or Elimination of Rules

DATES: Comments may be filed on or before March 2, 2009.

DOCUMENT SUMMARY:

This document invites members of the public to comment on the Federal Communication Commission's (FCC's or Commission's) rules to be reviewed pursuant to section 610 of the Regulatory Flexibility Act of 1980, as amended (RFA). The purpose of the review is to determine whether Commission rules whose tenyear anniversary dates are in the year 2007, as contained in the Appendix, should be continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities. Upon receipt of comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s).

SUMMARY:

Possible Revision or Elimination of Rules,

SUPPLEMENTAL INFORMATION

Each year the Commission will publish a list of tenyearold rules for review and comment by interested parties pursuant to the requirements of section 610 of the RFA.
Public Notice
FCC Seeks Comment Regarding Possible Revision or Elimination of Rules Under the Regulatory Flexibility Act, 5 U.S.C. 610 CB Docket No. 0821

Released: December 18, 2008.

1. Pursuant to the RFA, see 5 U.S.C. section 610, the FCC hereby publishes a plan for the review of rules adopted by the agency in calendar year 1997 which have, or might have, a significant economic impact on a substantial number of small entities. The purpose of the review is to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of section 610 of the RFA, to minimize any significant economic impact of such rules upon a substantial number of small entities.

2. This document lists the FCC regulations to be reviewed during the next twelve months. In succeeding years, as here, the Commission will publish a list for the review of regulations promulgated ten years preceding the year of review.

3. In reviewing each rule under this plan to minimize the possible significant economic impact on a substantial number of small entities, consistent with the requirements of section 610, the FCC will consider the following factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, to the extent feasible, with State and local governmental rules; and
(e) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

4. Appropriate information has been provided for each rule, including a brief description of the rule and the need for and legal basis of the rule. The public is invited to comment on the rules chosen for review by the FCC according to the requirements of section 610 of the RFA. All relevant and timely comments will be considered by the FCC before final action is taken in this proceeding.

Comments may be filed using the Commission's Electronic Comment Filing System (``ECFS'') or by filing paper copies. Comments filed through the ECFS may be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number.

Parties may also submit an electronic comment by Internet email. To obtain filing instructions for email comments, commenters should send an email to ecfs@fcc.gov, and should include the following words in the body of the message, ``get form.'' A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by firstclass or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive handdelivered or messengerdelivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002.

The filing hours at this location are 8 a.m. to 7 p.m.

  • All hand deliveries must be held together with rubber bands or fasteners.
  • Any envelopes must be disposed of before entering the building.
  • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
  • U.S. Postal Service firstclass mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
  • All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    Comments in this proceeding will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CYA257, Washington, DC 20554. They may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CYB402, Washington, DC, 20554, telephone 2024885300 or 8003783160, facsimile 2024885563, or via email at fcc@bcniweb.com. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 2024180530 (voice), 2024180432 (TTY).

    For additional information on the requirements of the RFA visit http://www.fcc.gov/ocbo. [[Page 79668]]
    Federal Communications Commission.
    Carolyn Fleming Williams,
    Director, Office of Communications Business Opportunities.

    Appendix

    List of rules for review pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 610, for the year 1997. All listed rules are in Title 47 of the Code of Federal Regulations.
    PART 1PRACTICE AND PROCEDURE

    Subpart AGeneral Rules of Practice and Procedure

    Brief Description: Section 1.80 of the Commission's rules sets forth who may be subject to a forfeiture penalty for violation of the provisions of the Communications Act of 1934, as amended, or of any rule, regulation or order issued by the Commission, the limits on the amount of the forfeitures that may be assessed, guidelines for determining the amount of such forfeitures, and the procedures for imposing such forfeitures.

    Need: The note to section 1.80(b)(4) incorporates the Commission's policy statement regarding forfeitures and a suggested schedule of base forfeiture amounts. This rule section provides a measure of predictability and uniformity to the process of assessing forfeitures, while still preserving the Commission's discretion to depart from the guidelines where warranted by the facts of a particular case. Section 1.80(b)(5) implements inflation adjustments, pursuant to the Debt Collection Improvement Act of 1996 (``DCIA''), Public Law 104134 (110 Stat. 1321358), which amends the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, Public Law 101410 (104 Stat. 890; 28 U.S.C. 2461 note), to monetary forfeiture penalties that may be assessed by the Commission. The DCIA requires that the statutory maximum forfeiture penalties assessed by the Commission be adjusted for inflation at least once every four years using the method specified in the statute.

    Legal Basis: 47 U.S.C. 154(i), 303(r); Debt Collection Improvement Act of 1996, Pub. Law 104134, 110 Stat. 1321358.

    Section Number and Title:

    1.80(b)(4) Note to Paragraph (b)(4) Forfeiture proceedings, Factors considered in determining the amount of the forfeiture penalty.

    1.80(b)(5) Forfeiture proceedings, Inflation adjustments to the maximum forfeiture amount.
    Subpart EComplaints, Applications, Tariffs, and Reports Involving Common Carriers

    Brief Description: The rules in part 1, subpart E, prescribe the procedures, format, and content of complaints, applications, tariffs, and reports involving common carriers. Section 1.773 sets forth the procedures for filing petitions and replies to petitions seeking investigation, suspension, or rejection of new tariff filings.

    Need: Section 1.773 revised the filing periods within which to file petitions to investigate, suspend or reject LEC tariff transmittals filed on 7days' notice. Section 1.773 provides the public with deadlines by which to participate in the tariff process, specifically, the means by which to challenge LEC's new tariff filings.

    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:

    1.773(a)(2)(i) PetitionWhen filed.

    1.773(b)(1)(i) ReplyWhen filed.

    Brief Description: These rules specify how to file petitions seeking investigation, suspension, or rejection of a new or revised tariff filing.

    Need: These rules advise petitioners how to file a petition seeking investigation, suspension, or rejection of a tariff, explain how to calculate filing dates, and provide the number of copies needed and where the copies must be served.

    Legal Basis: 47 U.S.C. 203.

    Section Number and Title:

    1.773 Petitions for suspension or rejection of new tariff filings. Subpart GSchedule of Statutory Charges and Procedures for Payment

    Brief Description: These rules provide the schedule of charges for applications for media services.

    Need: These rules identify the application fees charged by the Commission for applications and other filings for media services.

    Legal Basis: 47 U.S.C. 158(b).

    Section Number and Title:

    1.1104 Schedule of charges for applications and other filings for media services.

    Brief Description: These rules provide the schedule of annual regulatory fees and filings for various services.

    Need: These rules identify the annual regulatory fees and filing locations for various services.

    Legal Basis: 47 U.S.C. 159.

    Section Number and Title:

    1.1152 Schedule of annual regulatory fees and filing locations for wireless radio services.

    1.1153 Schedule of annual regulatory fees and filing locations for mass media services.

    1.1154 Schedule of annual regulatory charges and filing locations for common carrier services.

    1.1155 Schedule of annual regulatory fees and filing locations for cable television services.

    1.1156 Schedule of annual regulatory fees and filing locations for international services.

    1.1157 Payment of charges for regulatory fees.

    1.1159 Filing locations and receipts for regulatory fees.

    1.1162 General exemptions from regulatory fees.
    Subpart IProcedures Implementing the National Environmental Policy Act of 1969

    Brief Description: These rules apply to all Commission actions that may impact the quality of the human environment.

    Need: These rules implement subchapter I of the National Environmental Policy Act of 1969.

    Legal Basis: 42 U.S.C. 43214335.

    Section Number and Title:

    1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared;

    1.1319 Consideration of the environmental impact statements. PART 2FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS

    Subpart IMarketing of Radiofrequency Devices

    Brief Description: The rules in part 2, subpart I, define radiofrequency devices and specify the requirements for marketing of such devices. Section 2.807 restates certain exemptions specified in section 302(c) of the Communications Act of 1934, as amended. Sections 2.811, 2.813 and 2.815 specify special requirements for specific devices.

    Need: These rules provide exemption for certain transmitters and amplifiers as required by the Act or are under close control of the licensed user.

    Legal Basis: 47 U.S.C. 154, 302a, 302c, 303, and 336.

    Section Number and Title:

    2.807 Statutory exceptions.

    2.811 Transmitters operated under part 73 of this chapter.

    2.813 Transmitters operated in the Instructional Television Fixed Service.

    2.815 External radio frequency power amplifiers. [[Page 79669]]

    Subpart JEquipment Authorization Procedures

    Brief Description: These rules specify conditions associated with grant of equipment authorization under the Commission's rules.

    Need: The rules provide procedures and conditions under which grants can be dismissed, limited and revoked. The rules also specify measurement procedures to be applied generally for radiofrequency devices.

    Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.

    Section Number and Title:

    2.917 Dismissal of application.

    2.927 Limitations on grants.

    2.937 Equipment defect and/or design change.

    2.939 Revocation or withdrawal of equipment authorization.

    2.941 Availability of information relating to grants.

    2.945 Sampling tests of equipment compliance.

    2.947 Measure procedure.

    2.952 Limitation on verification.

    2.953 Responsibility for compliance.

    2.954 Identification.

    2.955 Retention of records.

    2.956 FCC inspection and submission of equipment for testing. PART 15RADIO FREQUENCY DEVICES

    Subpart CIntentional Radiators

    Brief Description: The rule specifies radiated emission limits for intentional radiators for which no other requirements are identified in this part.

    Need: The limits specified in this section cover emission from intentional radiators which are not explicitly identified in other rule parts and form the technical basis for other technical requirements.

    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.

    Section Number and Title:

    15.209 Radiated emission limits; general requirements. PART 22PUBLIC MOBILE SERVICES

    Subpart BLicensing Requirements and Procedures

    Brief Description: The part 22 rules state the conditions under which radio stations may be licensed and used in the Paging and Rural, AirGround, Cellular and Offshore Radiotelephone Services. Subpart B sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial licenses.

    Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j). The provisions in 47 CFR 22.217, 22.223, and 22.225 are necessary to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids.

    Legal Basis: 47 U.S.C. 154, 222, 303, 309 and 332.

    Section Number and Title:

    22.131(d)(2)(v) Procedures for mutually exclusive applications.

    22.201 Paging geographic area authorizations are subject to competitive bidding.

    22.217 Bidding credit for small businesses.

    22.221 Eligibility for partitioned licenses.

    22.223 Designated entities.

    22.225 Certifications, disclosures, records maintenance, and definitions.

    22.227 Petitions to deny and limitations on settlements. Subpart COperational and Technical Requirements

    Brief Description: The part 22 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for Public Mobile Services. Subpart C sets forth the technical and operational requirements for use of the spectrum and equipment in the Public Mobile Services.

    Need: The rule informs licensees that, while most Public Mobile Service licensees must ensure that station transmissions are properly identified, station identification is not required for paging geographic area licensees.

    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.

    Section Number and Title:

    22.313(a)(6) Station identification.

    Subpart EPaging and Radiotelephone Service

    Brief Description: The part 22 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for Public Mobile Services. Subpart E sets forth the technical and operational parameters for paging, oneway or twoway, pointtopoint, pointtomultipoint, and 470512 MHz trunked mobile operations within the Public Mobile Services.

    Need: These rules establish the channels available for paging use, as well as the parameters under which the Commission considers and issues paging geographic area authorizations.

    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.

    Section Number and Title:

    22.503 Paging geographic area authorizations.

    22.531(f) Channels for paging operation.

    Subpart FRural Radiotelephone Service

    Brief Description: The part 22 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for Public Mobile Services. Subpart F sets forth the technical and operational parameters for conventional rural radiotelephone stations and basic exchange telephone radio systems within the Public Mobile Services.

    Need: These rules inform the public that eligible persons may apply for paging geographic area authorizations in the Rural Radiotelephone Service, and that authorizations for new facilities in the Rural Radiotelephone Service will be granted only on a secondary basis to existing or future cochannel paging geographic area authorization in the Paging and Radiotelephone Service or the Rural Radiotelephone Service.

    Legal Basis: 47 U.S.C. 154, 222, 303, 309, and 332.

    Section Number and Title:

    22.721 Geographic area authorizations.

    22.723 Secondary sitebysite authorizations.

    PART 23INTERNATIONAL FIXED RADIOCOMMUNICATION SERVICES

    Brief Description: Outlines procedures for applicants for new stations to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization that would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, to notify the Arecibo Observatory in Puerto Rico.

    Need: To prevent interference from International Fixed Radiocommunication Services operations to Arecibo Observatory in Puerto Rico.

    Legal Basis: 47 U.S.C. 154, 303. Interprets or applies 47 U.S.C. 301.

    Section Number and Title:

    23.20(f) Assignment of frequencies.
    PART 24PERSONAL COMMUNICATIONS SERVICES

    Subpart HCompetitive Bidding Procedures for Broadband PCS

    Brief Description: The part 24 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for personal communications services (PCS). Subpart
    [[Page 79670]]
    H sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial broadband PCS licenses.

    Need: These rules establish eligibility rules for broadband PCS licensees disaggregating or returning certain spectrum in the C block.

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

    Section Number and Title:

    24.709(a)(5)(i) and (iv) Eligibility for licenses for frequency Blocks C or F.
    PART 25SATELLITE COMMUNICATIONS

    Subpart BApplications and Licenses

    Brief Description: Establishes that launch authorization and station license (i.e., operating authority) must be applied for and granted before a space station may be launched and operated in orbit. Establishes procedure for consideration of applications to launch and operate onground spare satellites.

    Need: Explains to applicants the authorizations required to launch and operate space stations, and the process for obtaining launch and operation authority for onground spare satellites.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.113(g) Station licenses and launch authority.

    Brief Description: Establishes procedures to permit earth and space station licensees to make certain modifications to their licenses without obtaining prior approval. Establishes process for providing Commission with notification of such modifications.

    Need: Provides earth and space station licensees with flexibility to effectuate certain modifications without obtaining prior approval.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.118 Modifications not requiring prior authorization.

    Brief Description: Establishes application procedures for licensing of very small aperture terminal earth station networks.

    Need: Instructs licensees on the process for obtaining authorizations for very small aperture terminal earth station networks.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.134(d) Licensing provisions of Very Small Aperture Terminal (VSAT) and Cband Small Aperture Terminal (CSAT) networks.

    Brief Description: Establishes application requirements for earth stations operating with nonU.S. licensed space stations.

    Need: Instructs licensees on the process for obtaining authorization to operate earth stations with nonU.S. licensed space stations.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.137 Application requirements for earth stations operating with nonU.S. licensed space stations.

    Brief Description: Establishes application, technical, construction, operating, and reporting requirements for the satellite digital audio radio service.

    Need: Instructs licensees on the process for obtaining authorization and the operating requirements for the satellite digital audio radio service.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service.

    Brief Description: Establishes application, technical, construction, operating, and reporting requirements for satellites in the FixedSatellite Service in the 20/30 GHz bands.

    Need: Instructs licensees on the process for obtaining authorization and operating requirements for satellites in the Fixed Satellite Service in the 20/30 GHz bands.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.145 Licensing conditions for the FixedSatellite Service in the 20/30 GHz bands.

    Subpart CTechnical Standards

    Brief Description: Establishes spectrum frequencies available for exclusive use by the satellite digital audio radio service.

    Need: Instructs licensees on the availability of spectrum frequencies for exclusive use by the satellite digital audio radio service.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.202(a)(6) Frequencies, frequency tolerance and emission limitations.

    Brief Description: Outlines procedures for applicants for new permanent transmitting fixed earth stations to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization that would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, to notify the Arecibo Observatory in Puerto Rico.

    Need: To prevent interference from earth station operations to Arecibo Observatory in Puerto Rico.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.203(i) Choice of sites and frequencies.

    Brief Description: Establishes requirement that all earth stations in the Fixed Satellite Service in the 20/30 GHz band employ uplink adaptive power control or other methods of fade compensation so that earth station transmissions meet the desired link performance while reducing interference between networks.

    Need: To prevent interference between networks operating in the Fixed Satellite Service in the 20/30 GHz band.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.204(g) Power limits.

    Brief Description: Establishes requirement that all space stations in the FixedSatellite Service in the 20/30 GHz band use either orthogonal linear or orthogonal circular polarization.

    Need: To facilitate efficient use of satellite spectrum and prevent interference between networks operating in the Fixed Satellite Service in the 20/30 GHz band.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.210(b) Technical requirements for space stations in the Fixed Satellite Service.

    Brief Description: Establishes requirement that all space stations in the FixedSatellite Service in the 20/30 GHz band use stateofthe art full frequency reuse either through the use of orthogonal polarizations within the same beam and/or through the use of spatially independent beams.

    Need: To facilitate efficient use of satellite spectrum in the Fixed Satellite Service in the 20/30 GHz band.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.
    [[Page 79671]]

    Section Number and Title:

    25.210(d) Technical requirements for space stations in the Fixed Satellite Service.

    Brief Description: Establishes technical standards for routine licensing of earth stations in the Fixed Satellite Service to provide transmission of full transponder analog video services.

    Need: To instruct licensees of the technical standards that must be met to obtain routine licensing of earth stations in the Fixed Satellite Service to provide full transponder analog video services.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.211(d) Analog video transmissions in the FixedSatellite Services.

    Brief Description: Establishes technical standards for routine licensing of earth stations in the Fixed Satellite Service in the 14.0 14.5 GHz band for transmission of narrowband analog services.

    Need: To instruct licensees of the technical standards that must be met to obtain routine licensing of earth stations in the Fixed Satellite Service in the 14.014.5 GHz band for transmission of narrowband analog services.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.212(c) Narrowband analog transmissions, digital transmissions, and video transmissions in the GSO FixedSatellite Service.

    Brief Description: Establishes technical standards for routine licensing of earth stations in the Fixed Satellite Service in the 5925 6425 MHz band for transmission of single channel per carrier services.

    Need: To instruct licensees of the technical standards that must be met to obtain routine licensing of earth stations in the Fixed Satellite Service in the 59256425 MHz band for transmission of single channel per carrier services.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.212(d) Narrowband analog transmissions, digital transmissions, and video transmissions in the GSO FixedSatellite Service.

    Brief Description: Establishes technical standards for construction, launch and operation of space stations in the satellite digital audio radio service.

    Need: To instruct licensees of the technical standards for construction, launch and operation of space stations in the satellite digital audio radio service.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.214 Technical requirements for space stations in the satellite digital audio radio service.

    Brief Description: Establishes procedures for timesharing spectrum in the 137138 MHz frequency band between nonvoice, nongeostationary mobilesatellite service system licensees and National Oceanic and Atmospheric Administration satellite systems.

    Need: To prevent intersystem interference between nonvoice, non geostationary mobilesatellite service system licensees and National Oceanic and Atmospheric Administration satellite systems timesharing spectrum in the 137138 MHz frequency band.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.259 Time sharing between NOAA meteorological satellite systems and nonvoice, nongeostationary satellite systems in the 137138 MHz band.

    Brief Description: Establishes procedures for timesharing spectrum in the 400.15401 MHz frequency band between nonvoice, non
    geostationary mobilesatellite service system licensees and Department of Defense satellite systems.

    Need: To prevent intersystem interference between nonvoice, non geostationary mobilesatellite service system licensees and Department of Defense satellite systems timesharing spectrum in the 400.15401 MHz frequency band.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.260 Time sharing between DoD meteorological satellite systems and nonvoice, nongeostationary satellite systems in the 400.15401 MHz band.

    Subpart DTechnical Operations

    Brief Description: Establishes process for operating satellites in inclined orbit.

    Need: Informs licensees of process for operating satellites in inclined orbit mode.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.280 Inclined orbit operations.

    Subpart FCompetitive Bidding Procedures for DARS

    Brief Description: Establishes that mutually exclusive initial applications for the satellite digital audio radio service are subject to competitive bidding.

    Need: Informs licensees of process for operating satellite digital audio radio service licenses.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.401 Satellite DARS applications subject to competitive bidding.

    Brief Description: Establishes application process for eligibility to bid on satellite digital audio radio service licenses.

    Need: Informs licensees of process for establishing eligibility to bid on satellite digital audio radio service licenses.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.403 Bidding application and certification procedures.

    Brief Description: Establishes process for submitting downpayment and longform application for high bidders in satellite digital audio radio service auctions.

    Need: Informs licensees of process for submitting downpayment and longform application for high bidders in satellite digital audio radio service auctions.

    Legal Basis: Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

    Section Number and Title:

    25.404 Submission of downpayment and filing of longform applications.
    PART 27MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    Subpart AGeneral Information

    Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS).

    Need: The identified rules in this subpart set forth the services and frequencies governed by the part 27 rules, which include Advanced Wireless Services (AWS), the Broadband Radio Service (BRS), and the Educational Broadband Service (EBS).

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337.

    Section Number and Title:

    27.1 Basis and purpose.

    27.2 Permissible communications.

    27.3 Other applicable rule parts.
    [[Page 79672]]

    27.4 Terms and definitions.

    27.5 Frequencies.

    27.6 Service areas.

    Subpart BApplications and Licenses

    Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS). Subpart B sets out the regulations governing the authorization and licensing of WCS.

    Need: The identified rules in this subpart are needed to set forth the application process and licensing rules for WCS, including construction requirements, criteria for renewal, and partitioning and disaggregation rules.

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337.

    Section Number and Title:

    27.11 Initial authorization.

    27.12 Eligibility.

    27.13 License period.

    27.14 Construction requirements; Criteria for comparative renewal proceedings.

    27.15 Geographic partitioning and spectrum disaggregation. Subpart CTechnical Standards

    Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS). Subpart C sets out the technical standards regarding WCS.

    Need: The identified rules are necessary to set forth the technical standards for WCS.

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337.

    Section Number and Title:

    27.50 Power and antenna height limits.

    27.51 Equipment authorization.

    27.52 RF safety.

    27.53 Emission limits.

    27.54 Frequency stability.

    27.55 Signal strength limits.

    27.56 Antenna structures; air navigation safety.

    27.57 International coordination.

    27.58 Interference to BRS/EBS receivers.

    27.63 Disturbance of AM broadcast station antenna patterns.

    27.64 Protection from interference.
    Subpart DCompetitive Bidding Procedures for the 23052320 MHz and 23452360 MHz Bands

    Brief Description: The part 27 rules state the conditions under which portions of the radio spectrum are made available and licensed for the provision of wireless communications services (WCS) in specified bands. Subpart D sets forth the rules governing the use of competitive bidding to resolve mutually exclusive applications for initial WCS licenses in the 23052320 and 23452360 MHz bands.

    Need: These rules are needed to implement the Commission's competitive bidding authority under 47 U.S.C. 309(j), and to administer the Commission's designated entity program under which small businesses meeting certain eligibility criteria may receive bidding credits on their winning bids.

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337.

    Section Number and Title:

    27.201 WCS in the 23052320 MHz and 23452360 MHz bands subject to competitive bidding.

    27.209 Designated entities; bidding credits; unjust enrichment.

    27.210 Definitions.
    Subpart EApplication, Licensing, and Processing Rules for WCS

    Brief Description: The part 27 rules set forth the conditions under which portions of the radio spectrum are made available and licensed for wireless communications services (WCS). Subpart E sets forth the application, licensing, and processing rules for WCS.

    Need: The identified rules in this subpart are needed to set forth the application, licensing, and processing rules for WCS, including the technical requirements that must be included in license applications and what constitutes mutually exclusive applications.

    Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337.

    Section Number and Title:

    27.302 Eligibility.

    27.305 Reserved.

    27.308 Technical content of applications.

    27.321 Mutually exclusive applications.

    27.323 Reserved.
    PART 43REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES

    Brief Description: These rules specify reporting requirements for local exchange carriers subject to sections 43.21 and 43.43 for the first time because their annual operating revenues equal or exceed the indexed revenue threshold used for classifying carrier categories for various accounting and reporting purposes for a given year. These carriers shall collect data for reporting purposes for the calendar year following the publication of the indexed revenue threshold in the Federal Register.

    Need: These rules provide filing guidelines for local exchange carriers subject to sections 43.21 and 43.43. These rules facilitate the Commission's collection of information necessary to monitor activities associated with the provision of telecommunications services and the development of the telecommunications infrastructure.

    Legal Basis: 47 U.S.C. 154, 211, 219, 220.

    Section Number and Title:

    43.01(c) Applicability.

    Brief Description: These rules pertain to periodic reporting requirements of large incumbent local exchange carriers and certain of their affiliates. Communications common carriers having annual operating revenues in excess of the indexed revenue threshold, as defined in section 32.9000, are required to file annual reports described in these rules. The Commission's Automated Reporting Management Information System (ARMIS) was initiated to collect financial and operational data from the largest incumbent local exchange carriers. Additional ARMIS reports were added to collect service quality and network infrastructure information from local exchange carriers subject to price cap regulations. ARMIS currently consists of ten (10) reports filed pursuant to sections 43.21(d) through (j).

    Need: The ARMIS reports were designed to provide policymakers information regarding revenues, expenses, and investment for incumbent providers.

    Legal Basis: 47 U.S.C. 154, 211, 219, 220.

    Section Number and Title:

    43.21(d) through (j) Transactions with affiliates.

    Brief Description: Establishes conditions under which common carriers engaged in providing international telecommunications service between the area comprising the continental United States, Alaska, Hawaii, and offshore U.S. points and any country or point outside that area must file with the Commission quarterly traffic and revenue data. Establishes process for filing quarterly reports.

    Need: To permit the monitoring of compliance with Commission rules and competition on international telecommunications routes in the public interest.

    Legal Basis: 47 U.S.C. 154, 211, 219, and 220.

    Section Number and Title:

    [[Page 79673]]

    43.61(b) Reports of international telecommunications traffic.

    Brief Description: Establishes that common carriers engaged in the resale of international switched services that are also affiliated with a foreign carrier that has sufficient market power on the foreign end of an international route to affect competition adversely in the U.S. market and that collects settlement payments from U.S. carriers must file a quarterly traffic and revenue report for switched resale services on the dominant route.

    Need: To permit the monitoring of compliance with Commission rules and competition on international telecommunications routes in the public interest.

    Legal Basis: 47 U.S.C. 154, 211, 219, and 220.

    Section Number and Title:

    43.61(c) Reports of international telecommunications traffic. PART 52NUMBERING

    Subpart D TOLLFREE NUMBERS

    Brief Description: These rules define the categories, by status, of tollfree numbers, and specify the interval between a tollfree number's reservation in the Service Management System (SMS) database and its conversion to working status, as well as the time between disconnection or cancellation of a tollfree number and the point when that tollfree number may be reassigned to another subscriber.

    Need: The tollfree number rules enable the Commission to ensure the efficient, fair, and orderly allocation of tollfree numbers, as it is required to do under section 251(e) of the Communications Act, as amended. Inordinately long lag times between the withdrawal of a number from the SMS database and the conversion of that number to working status can exacerbate tollfree number shortage and exhaustion issues.

    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).

    Section Number and Title:

    52.103 Lag times.

    Brief Description: This rule makes the act of reserving a tollfree number serve as a certification by a Responsible Organization, or ``RespOrg'' (the entity responsible for managing tollfree subscribers' records in the tollfree database) that there is an identified subscriber agreeing to be billed for service associated with the toll free number, and that the RespOrg is not warehousing numbers. It requires specific language to be included in the SMS tariff stating that warehousing is an unreasonable practice under the Communications Act, and that RespOrgs warehousing numbers will be subject to penalties.

    Need: The tollfree number rules enable the Commission to ensure the efficient, fair, and orderly allocation of tollfree numbers, as it is required to do under section 251(e) of the Communications Act, as amended. When RespOrgs hold more tollfree numbers than they need, these numbers cannot be distributed to RespOrgs with actual subscribers, who are ready to use the numbers. This can exacerbate tollfree number shortage and exhaustion issues.

    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).

    Section Number and Title:

    52.105 Warehousing.

    Brief Description: This rule defines and prohibits the practices of hoarding and brokering tollfree numbers, and requires specific language to be included in the SMS tariff stating that hoarding is contrary to the public interest.

    Need: The tollfree number rules enable the Commission to ensure the efficient, fair, and orderly allocation of tollfree numbers, as it is required to do under section 251(e) of the Communications Act, as amended. Hoarding causes tollfree numbers to remain inactive and unavailable for subscribers who need working tollfree numbers, which can exacerbate tollfree number shortage and exhaustion issues.

    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).

    Section Number and Title:

    52.107 Hoarding.

    Brief Description: This rule caps the total number of tollfree numbers a RespOrg may have in reserved status to the greater of 7.5 percent of the RespOrg's total working numbers or 2000 numbers, and concludes that no RespOrg may have in reserved status, at any time, more than 3 percent of the numbers that were in the spare pool for general reservation from the database at 12:01 a.m. ET of the preceding Sunday.

    Need: The tollfree number rules enable the Commission to ensure the efficient, fair, and orderly allocation of tollfree numbers, as it is required to do under section 251(e) of the Communications Act, as amended. Without any market mechanism to discourage warehousing, a cap on a RespOrg's ability to reserve numbers is necessary to assure all RespOrgs that other RespOrgs cannot stockpile large quantities of numbers through the reservation process.

    Legal Basis: 47 U.S.C. 151, 152, 154, 155, 251(e).

    Section Number and Title:

    52.109 Permanent cap on number reservations.
    PART 54UNIVERSAL SERVICE

    Subpart AGeneral Information

    Brief Description: These rules provide general information regarding the Universal Service Fund, including various terms and definitions that are referenced throughout section 54 of the Commissions rules.

    Need: In implementing statutory requirements for the Universal Service Fund, these rules provide necessary information regarding terms that may have different definitions outside the universal service context.

    Legal Basis: 47 U.S.C. 254.

    Section Numbers and Titles:

    54.1 Basis and purpose.

    54.5 Terms and definitions.

    Subpart BServices Designated for Support

    Brief Description: These rules specify the supported services for rural, insular and high cost areas. These rules also specify the requirement to offer all designated services, as well as to provide additional time for telecommunications carriers to complete network upgrades.

    Need: These rules ensure that rural, insular and high cost areas receive support for the specified designated telecommunications services.

    Legal Basis: 47 U.S.C. 254.

    Section Number and Title:

    54.101 Supported services for rural, insular and high cost areas. Subpart CCarriers Eligible for Universal Service Support

    Brief Description: These rules specify the requirements for the designation of eligible telecommunications carriers. Congress has established that only those entities designated as eligible telecommunications carriers may receive support under the Universal Service support mechanism. These rules include the requirements regarding the relinquishment of designation as an eligible telecommunications carrier.

    Need: These rules ensure that the designation process for eligible telecommunications carriers meets the statutory requirements for the Universal Service support mechanism.

    Legal Basis: 47 U.S.C. 214(e)(2), 214(e)(4), 214(e)(6), 254(e).

    Section Numbers and Titles:

    54.201 Definition of eligible telecommunications carriers, generally.

    54.203 Designation of eligible telecommunications carriers for unserved areas.
    [[Page 79674]]

    54.205 Relinquishment of universal service.

    54.207 Service areas.

    Subpart DUniversal Service Support for High Cost Areas

    Brief Description: These rules specify the requirements for the High Cost support mechanism. These rules provide requirements for how High Cost support will be calculated and distributed to eligible telecommunications providers.

    Need: In implementing statutory requirements for the High Cost Program of the Universal Service support mechanism, these rules ensure that rates in rural, insular and high cost areas, are ``reasonably comparable'' to rates charged for similar services in urban areas.

    Legal Basis: 47 U.S.C. 254(b).

    Section Numbers and Titles:

    54.301 Local switching support.

    54.303 Long term support.

    54.305 Sale or transfer of exchanges.

    54.307 Support to a competitive eligible telecommunications carrier.
    Subpart EUniversal Service Support for Low Income Consumers

    Brief Description: These rules specify the requirements for the Lifeline and Link Up Program of the Universal Service support mechanism. The rules establish the requirements for eligible consumers and eligible telecommunications carriers. The rules also establish certification and verification requirements, as well as recordkeeping and auditing requirements.

    Need: In implementing statutory requirements for the Lifeline and Linkup Program of the Universal Service support mechanism, these rules ensure that quality telecommunications services are available to low income consumers at reasonable and affordable rates.

    Legal Basis: 47 U.S.C. 254(b).

    Section Numbers and Titles:

    54.400 Terms and definitions.

    54.401 Lifeline defined.

    54.403 Lifeline support amount.

    54.405 Carrier obligation to offer Lifeline.

    54.407 Reimbursement for offering Lifeline.

    54.409 Consumer qualification for Lifeline.

    54.411 Link Up program defined.

    54.413 Reimbursement for revenue forgone in offering a Link Up program.

    54.415 Consumer qualification for Link Up.

    54.417 Recordkeeping requirements.
    Subpart FUniversal Service Support for Schools and Libraries

    Brief Description: These rules specify the requirements for participation in the Schools and Libraries Program of the Universal Service support mechanism. The rules describe requirements regarding eligible entities, and the services eligible for discounted support. The rules also establish procedures for the application process, competitive bidding process, and the distribution of support. Finally, these rules establish recordkeeping and auditing requirements.

    Need: In implementing statutory requirements for the Schools and Libraries support mechanism, these rules ensure that eligible schools, libraries, and consortia that include eligible schools and libraries receive discounts for eligible telecommunications services, Internet access, and internal connections.

    Legal Basis: 47 U.S.C. 254(h)(1)(B).

    Section Numbers and Titles:

    54.500 Terms and definitions.

    54.501 Eligibility for services provided by telecommunications carriers.

    54.502 Supported telecommunications services.

    54.503 Other supported special services.

    54.504 Requests for services.

    54.505 Discounts.

    54.507 Cap.

    54.509 Adjustments to the discount matrix.

    54.511 Ordering services.

    54.513 Resale and transfer of services.

    54.515 Distributing support.

    54.516 Auditing.

    54.517 Services provided by nontelecommunications carriers. Subpart GUniversal Service Support for Health Care Providers

    Brief Description: These rules specify the requirements for participation in the Rural Health Program of the Universal Service support mechanism. The rules establish the requirements for eligible health care providers, and the services eligible for discounted support. The rules also establish procedures for the application process, competitive bidding process, and the distribution of support. Finally, these rules establish recordkeeping and auditing requirements.

    Need: In implementing statutory requirements for the Rural Health Care support mechanism, these rules ensure that discounts are available to eligible rural health care providers for telecommunications services and monthly Internet access service charges.

    Legal Basis: 47 U.S.C. 254(h)(2)(A).

    Section Numbers and Titles:

    54.601 Eligibility.

    54.603 Competitive bid requirements.

    54.605 Determining the urban rate.

    54.607 Determining the rural rate.

    54.609 Calculating support.

    54.611 Distributing support.

    54.613 Limitations on supported services for rural health care providers.

    54.615 Obtaining services.

    54.617 Resale.

    54.619 Audits and recordkeeping.

    54.621 Access to advanced telecommunications and information services.

    54.623 Cap.

    Subpart HAdministration

    Brief Description: These rules specify the requirements regarding the Universal Service Administrative Company, as the permanent Administrator for the Universal Service support mechanism. These rules establish the Administrator's functions and responsibilities, as well as, the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements.

    Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program.

    Legal Basis: 47 U.S.C. 254.

    Section Numbers and Titles:

    54.701 Administrator of universal service support mechanisms.

    54.703 The Administrator's Board of Directors.

    54.705 Committees of the Administrator's Board of Directors.

    54.707 Audit controls.

    54.709 Computations of required contributions to universal service support mechanisms.

    54.711 Contributor reporting requirements.

    54.713 Contributor's failure to report or to contribute. PART 59INFRASTRUCTURE SHARING

    Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities and functions used to provide telecommunications services, or access to information services, and set forth general terms and conditions for such sharing.

    [[Page 79675]]

    Need: These rules provide qualifying carriers with a flexible means of obtaining needed infrastructure from incumbents, and of doing so in ways that take advantage of the economies of scope and scale enjoyed by incumbents. The rules particularly benefit smaller local service providers.

    Legal Basis: 47 U.S.C. 154(i), 154(j), 201205, 259, 303(r), 403.

    Section Number and Title:

    59.1 General duty.

    Brief Description: These rules specify that incumbent LECs subject to this section: Shall not be required to take any action that is economically unreasonable or contrary to the public interest; may, but are not required to, enter into joint ownership or operation of the infrastructure to be shared with a qualifying carrier; shall not be treated as a common carrier or as offering common carrier services with respect to any shared infrastructure; shall make the infrastructure to be shared available to a qualifying carrier on just and reasonable terms and pursuant to conditions that permit the qualifying carrier to benefit fully from the economies of scale and scope of the LEC; must give notice to the qualifying carrier at least sixty days before terminating an infrastructure sharing agreement; shall not be required to share infrastructure for any services or access which are to be provided by the qualifying carrier in the LEC's telephone exchange area; and shall file for public inspection any tariffs, contracts, or other arrangements showing the rates, terms, and conditions under which the LEC is making such infrastructure available pursuant to this part.

    Need: These rules promote universal service in areas that may be without competitive service providers, without restricting the development of competition.

    Legal Basis: 47 U.S.C. 154(i), 154(j), 201205, 259, 303(r), 403.

    Section Number and Title:

    59.2 Terms and Conditions of infrastructure sharing.

    Brief Description: These rules specify that an incumbent LEC that has entered into an infrastructure sharing agreement under this section shall provide to each party to such agreement timely information on the planned deployment of telecommunications services and equipment, including any software or upgrades of software integral to the use or operation of such telecommunications equipment.

    Need: These rules promote universal service in areas that may be without competitive service providers, without restricting the development of competition.

    Legal Basis: 47 U.S.C. 154(i), 154(j), 201205, 259, 303(r), 403.

    Section Number and Title:

    59.3 Information concerning deployment of new services and equipment.

    Brief Description: This rule defines the term ``qualifying carrier'' for the purposes of infrastructure sharing pursuant to this subpart. A ``qualifying carrier'' means a telecommunications carrier that lacks economies of scale or scope and offers telephone exchange service, exchange access, and any other service that is included in universal service, to all consumers without preference throughout the service area for which such carrier has been designated as an eligible telecommunications carrier under 47 U.S.C. section 214(e).

    Need: These rules are designed to promote universal service in areas that may be without competitive service providers, without restricting the development of competition.

    Legal Basis: 47 U.S.C. 154(i), 154(j), 201205, 259, 303(r), 403.

    Section Number and Title:

    59.4 Definition of ``qualifying carrier.''
    PART 61TARIFFS

    Subpart EGeneral Rules for Dominant Carriers

    Brief Description: The part 61 rules are designed to implement the provisions of sections 201, 202, 203, and 204 of the Communications Act of 1934, as amended, and ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory. These rules govern the filing, form, content, public notice periods, and accompanying support materials for tariffs.

    Need: Section 61.33 facilitates tariff transmittals filed on 7 or 15days' notice and to clearly identify such transmittals for the ease and convenience of those who may want to comment on the filings. Section 61.45 was adopted to avoid unfairly imposing a subsidy burden on ratepayers and will align charges more closely with LECs' costs.

    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201205, 403.

    Section Number and Title:

    61.33(d) Letters of transmittal;

    61.45(d)(1)(ix) Adjustments to the PCI for Local Exchange Carriers. PART 63EXTENSION 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: Establishes process for requesting streamlined processing for applications for international common carriers.

    Need: Informs licensees on the process for requesting streamlined processing for applications for international common carriers.

    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201205, 214, 218, 403, and 571.

    Section Number and Title:

    63.18(p) Contents of applications for international common carriers.

    Brief Description: Establishes that authorized carriers may not receive from a foreign carrier any proprietary or confidential information pertaining to a competing U.S. carrier, obtained by the foreign carrier in the course of its normal business dealings, unless the competing U.S. carrier provides its permission in writing.

    Need: Protects against carrier anticompetitive conduct on U.S. international telecommunications routes.

    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201205, 214, 218, 403, and 571.

    Section Number and Title:

    63.21(f) Conditions applicable to all international section 214 authorizations.

    Brief Description: Establishes that the Commission reserves the right to review a carrier's authorization, and, if warranted, impose additional requirements on U.S. international carriers in circumstances where it appears that harm to competition is occurring on one or more U.S. international routes.

    Need: Protects against carrier anticompetitive conduct on U.S. international telecommunications routes.

    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201205, 214, 218, 403, and 571.

    Section Number and Title:

    63.21(g) Conditions applicable to all international section 214 authorizations.
    PART 64MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    Subpart IAllocation of Costs

    Brief Description: These rules specify that a telecommunications carrier may not use services that are not competitive to subsidize services subject to
    [[Page 79676]]
    competition, and that services included in the definition of universal service shall bear no more than a reasonable share of the joint and common costs of facilities used to provide those services.

    Need: This provision implements the statutory requirement that carriers, in setting their rates, not attempt to gain an unfair market advantage in competitive markets by allocating to their less competitive services, for which subscribers have no available alternative, an excessive portion of the costs incurred by their competitive operations.

    Legal Basis: 47 U.S.C. 154(i), 154(j), 201205, 254(k), 259, 303(r), 403.

    Section Number and Title:

    64.901(c) Carriers may not use services that are not competitive to subsidize services subject to competition.
    Subpart TSeparate Affiliate Requirements for Incumbent
    Independent Local Exchange Carriers That Provide InRegion, Interstate Domestic Interexchange Services or InRegion,

    International Interexchange Services

    Brief Description: These rules require incumbent independent LECs that provide inregion, interstate, interexchange services or inregion international interexchange services to do so through a separate affiliate as defined in section 64.1903 of the Commission's rules. The separate affiliate must maintain separate books of account, may not jointly own transmission or switching facilities with the LEC, must acquire tariffed services from the LEC at tariffed rates, and must be a separate legal entity (or, in some circumstances, separate corporate division) of the LEC.

    Need: This provision furthers the procompetitive, deregulatory objectives of the 1996 Act by promoting increased competition in the interexchange market and the development of competitive, deregulated markets envisioned by Congress.

    Legal Basis: 47 U.S.C. 151, 152, 154, 201, 202, 251, 271, 272, 303(r).

    Section Number and Title:

    64.1903 Obligations of all incumbent independent local exchange carriers.
    PART 68CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK Subpart BConditions on the Use of Terminal Equipment

    Brief Description: These rules specify that wireline carriers may not bar connection of terminal equipment (TE) to the Public Switched Telephone Network (PSTN) provided the TE would not cause harm to the PSTN. Part 68 requires that TE be tested to show that it will not harm the PSTN or carrier personnel, and then be listed with the Administrative Council for Terminal Attachments (ACTA) which maintains a database of all TE approved for connection to the PSTN. Carriers are obligated to permit the free connection of approved TE to the PSTN, but they can require disconnection of TE that is not approved or that causes harm to the PSTN. Part 68 provides for the identification, review and publication of technical criteria used in testing CPE for part 68 compliance. Part 68 also establishes the right of customers to use competitively provided inside wiring.

    Need: These rules foster competition in the provision of TE and inside wiring by permitting the connection of competitively provided TE and inside wiring to the PSTN. Part 68 is also intended to ensure that the connection of TE and inside wiring does not harm the PSTN or injure carrier personnel.

    Legal Basis: 47 U.S.C. 154, 155, 303.

    Section Number and Title:

    68.110(c) Compatibility of the public switched telephone network and terminal equipment.
    PART 69ACCESS CHARGES

    Subpart AGeneral

    Brief Description: The part 69 rules are designed to implement the provisions of sections 201 and 202 of the Communications Act of 1934, as amended, and protect consumers by preventing the exercise of market power by incumbent LECs.

    Need: Section 69.4 was adopted to foster competition, move access charges over time to more economically efficient levels and rate structures, preserve universal service, and lower rates by listing the charges to be included in the carrier's carrier charges for access service that are filed by price cap LECs. These rules help ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory.

    Legal Basis: 47 U.S.C. 154, 201203, 205, 218, 220, 254, and 403.

    Section Number and Title:

    69.4(h) Charges to be filed.

    Subpart BComputation of Charges

    Brief Description: The part 69 rules are designed to implement the provisions of sections 201 and 202 of the Communications Act of 1934, as amended, and protect consumers by preventing the exercise of market power by incumbent LECs.

    Need: Section 69.106 permits, but does not require, price cap LECs to establish a separate percall setup charge assessed on IXCs for all calls handed off to the IXC's point of presence. Section 69.111 lays out a clear transport rate structure transition plan that describes all the steps necessary to achieve costbased transport rates. Section 69.123 to ensure that access charges more closely reflect the costs imposed by individual access customers. These rules help to ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory.

    Legal Basis: 47 U.S.C. 154, 201203, 205, 218, 220, 254, and 403.

    Section Number and Title:

    69.106(f) Local switching.

    69.111(l) Tandemswitched transport and tandem charge.

    69.123(f)(2), (3) Density pricing zones for special access and switched transport.
    Subpart CComputation of Charges for Price CAP Local Exchange Carriers

    Brief Description: The part 69 rules are designed to implement the provisions of sections 201 and 202 of the Communications Act of 1934, as amended, and protect consumers by preventing the exercise of market power by incumbent LECs.

    Need: Sections 69.154 and 69.155 phase out significant implicit subsidies in the access charge rate structure, while taking into account universal service concerns of affordability and access. The resulting rate structure is more closely aligned with cost principles. These rules help ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory.

    Legal Basis: 47 U.S.C. 154, 201203, 205, 218, 220, 254, and 403.

    Section Number and Title:

    69.154(a)(2), (b), (c) Perminute carrier common line charge.

    69.155 Perminute residual interconnection charge. Subpart DApportionment of Net Investment

    Brief Description: The part 69 rules are designed to implement the provisions of sections 201 and 202 of the Communications Act of 1934, as amended, and protect consumers by preventing the exercise of market power by incumbent LECs.

    Need: Sections 69.305 a

    FOR FURTHER INFORMATION CONTACT

    Office of Communications Business Opportunities (OCBO), Federal Communications Commission, (202) 418 0990. People with disabilities may contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202418 0530 or TTY: 2024180432.