Rule2023-07066
Establishment of the Space Bureau and the Office of International Affairs and Reorganization of the Consumer and Governmental Affairs Bureau and the Office of the Managing Director
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 10, 2023
Effective
April 10, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (the Commission or FCC) takes action to modernize and streamline its operations by making changes to its International Bureau as well as certain parts of the Consumer and Governmental Affairs Bureau (CGB) and Office of Managing Director (OMD). In addition, we make other non- substantive rule revisions to reflect changes in Commission procedures and to modernize certain references to the Chairperson of the FCC.
Full Text
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Pages 21424-21451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07066]
[[Page 21423]]
Vol. 88
Monday,
No. 68
April 10, 2023
Part IV
Federal Communications Commission
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47 CFR Parts 0, 1, 19, et al.
Establishment of the Space Bureau and the Office of International
Affairs and Reorganization of the Consumer and Governmental Affairs
Bureau and the Office of the Managing Director; Final Rule
Federal Register / Vol. 88 , No. 68 / Monday, April 10, 2023 / Rules
and Regulations
[[Page 21424]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 19, 20, 25, 27, 43, 52, 54, 63, 64, 67, 68, 73,
74, 76, 79, 80, 87, 90, 95, 97, and 101
[MD Docket No. 23-12; FCC 23-1; FR ID 134869]
Establishment of the Space Bureau and the Office of International
Affairs and Reorganization of the Consumer and Governmental Affairs
Bureau and the Office of the Managing Director
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission (the
Commission or FCC) takes action to modernize and streamline its
operations by making changes to its International Bureau as well as
certain parts of the Consumer and Governmental Affairs Bureau (CGB) and
Office of Managing Director (OMD). In addition, we make other non-
substantive rule revisions to reflect changes in Commission procedures
and to modernize certain references to the Chairperson of the FCC.
DATES: Effective April 10, 2023. The incorporation by reference of
material listed in this rule was approved by the Director before
February 1, 2017.
FOR FURTHER INFORMATION CONTACT: Daniel Daly, Office of Managing
Director at (202) 418-1832.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
FCC 23-1, MD Docket No. 23-12, adopted on January 4, 2023 and released
on January 9, 2023, which is the subject of this rulemaking. The full
text of this document is available for public inspection and copying by
downloading the text from the Commission's website at <a href="https://www.fcc.gov/document/fcc-votes-establish-space-bureau-office-international-affairs">https://www.fcc.gov/document/fcc-votes-establish-space-bureau-office-international-affairs</a>.
I. Procedural Matters
A. Final Regulatory Flexibility Analysis
1. No Final Regulatory Flexibility Analysis is required under the
Regulatory Flexibility Act, 5 U.S.C. 604, because the amendments
adopted herein pertain to agency organization, procedure, and practice,
or because there is ``good cause'' to conclude that notice and comment
and delayed effectiveness are unnecessary for non-substantive,
editorial revisions.
B. Final Paperwork Reduction Act of 1995 Analysis
2. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198 see 44 U.S.C. 3506(c)(4).
C. Congressional Review Act
3. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that these rules are non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission has sent a copy of this
Order to Congress and the Government Accountability office, pursuant to
5 U.S.C. 801(a)(1)(A).
II. Introduction
4. In this Order, the Federal Communications Commission (the
Commission or FCC) takes action to modernize and streamline its
operations by making changes to its International Bureau as well as
certain parts of the Consumer and Governmental Affairs Bureau (CGB) and
Office of Managing Director (OMD). In this Order, we amend the
Commission's rules to reflect these new organizational structures and
describe the functions being realigned. We find it appropriate to make
these organizational changes to strengthen the efficiency and
effectiveness of the Commission's activities and operations. In
addition, we make other non-substantive rule revisions to reflect
changes in Commission procedures and to modernize certain references to
the Chairperson of the FCC.
5. First, to better support United States leadership in the
emerging space economy, to promote long-term technical capacity within
the FCC to address non-federal satellite programs and policies, and to
improve coordination with other agencies on issues related to space, we
conclude that the proper dispatch of our business and the public
interest will be served by reorganizing the International Bureau into:
(1) a Space Bureau to handle policy and licensing matters related to
satellite communications and other in-space activities under the
Commission's jurisdiction; and (2) an Office of International Affairs
to handle issues involving foreign and international regulatory
authorities as well as international telecommunications and submarine
cable licensing. We find these organizational changes will provide the
FCC with the updated structure it needs to provide essential
international leadership in the ever-evolving global telecommunications
marketplace.
6. In addition, to improve the efficiency of the agency's
operations, bolster the Commission's records and document management
systems, and enhance public access to critical public records, the
Commission has concluded that the proper dispatch of its business and
the public interest will be served by taking the following actions:
a. Transfer the Reference Information Center (RIC) from CGB to the
Office of the Secretary in OMD;
b. Merge the records management program in OMD's Performance
Evaluation and Records Management (PERM) group with OMD's Information
Technology (IT) group;
c. Rename PERM to be the Performance and Program Management (PPM)
group in OMD; and
d. Transfer the Enterprise Acquisition Center (EAC) in the Front
Office of OMD to a new stand-alone group in OMD.
III. Discussion
A. Establishment of Space Bureau and Office of International Affairs
and Elimination of International Bureau
7. Under this reorganization, the Space Bureau will promote a
competitive and innovative global telecommunications marketplace via
space services. The Space Bureau will do so by undertaking policy
analysis and rulemakings as well as authorizing satellite systems for
the purpose of facilitating the deployment of satellite services,
streamlining regulatory processes and maximizing flexibility for
operators to meet customer needs, and fostering the efficient use of
spectrum and orbital resources. The Space Bureau will also serve as a
focal point for coordination with other U.S. government agencies on
matters of space policy and governance, and will support the Office of
International Affairs for meetings with other countries, international
organizations and foreign government officials that involve space
policy matters.
8. The Office of International Affairs will develop international
telecommunications policy to facilitate competition in the provision of
international services and further U.S. strategic objectives in global
telecommunications policy. The Office of International Affairs will be
responsible for policy development and
[[Page 21425]]
licensing for international telecommunications facilities and services,
submarine cables, and advising and making recommendations to the
Commission on foreign ownership issues. The Office of International
Affairs will also have responsibility for all intergovernmental
leadership, negotiation, and representational functions. The Office of
International Affairs will oversee and coordinate the FCC's global
participation in international organizations and multilateral
conferences, regional organizations, cross-border negotiations, and
international standard setting efforts. The Office of International
Affairs will also oversee bilateral meetings with other countries and
foreign government officials.
9. To further these objectives and functions, the Space Bureau and
the Office of International Affairs will utilize professional staff
from within the Commission's current International Bureau as well as
other parts of the Commission as needed.
10. To accomplish this organizational change, the following actions
are taken.
<bullet> The Commission will eliminate the International Bureau and
generally reallocate the International Bureau's authorities and
functions between the Space Bureau and Office of International Affairs.
<bullet> The Space Bureau will consist of three divisions: the
Satellite Programs and Policy Division, the Satellite Licensing
Division, and the Earth Station Licensing Division. These new divisions
will have responsibilities and authorities for the analysis and
functions currently housed within the Satellite Division of the
International Bureau, including its branches, the Policy Branch, the
Engineering Branch, and the System Analysis Branch.
<bullet> The Office of International Affairs will consist of the
Global Strategy and Negotiation Division and the Telecommunications and
Analysis Division. The Global Strategy and Negotiation Division will be
moved to the Office of International Affairs from the International
Bureau as currently organized, including each of its existing Branches
and will maintain its current responsibilities and authorities.
Similarly, the Telecommunications and Analysis Division will be moved
to the Office of International Affairs from the International Bureau as
currently organized and will maintain its current responsibilities and
authorities.
<bullet> The International Bureau's front office staff, including
management and administrative staff within the front office, will be
reassigned to the Space Bureau or the Office of International Affairs
depending upon their roles and responsibilities.
11. Furthermore, to implement these changes, we delegate the
authority to the Space Bureau and the Office of International Affairs
to make any necessary edits and updates to the Commission's rules and
any forms, policies, web addresses, systems, or other documents
associated with the International Bureau to ensure all relevant
references and procedures are updated consistent with the provisions of
this Order, including any changes needed for renaming the International
Bureau Filing System (IBFS) to the International Communications Filing
System (ICFS). Any previous delegation to the International Bureau also
is transferred to the Satellite Bureau and/or the Office of
International Affairs, as appropriate.
B. Reorganization of the Consumer and Governmental Affairs Bureau and
the Office of Managing Director
12. The key objectives of this reorganization are to strengthen the
effectiveness and efficiency of the Commission's operations and
management of prominent public-facing functions as well as vital
internal information management operations.
1. Transfer the Reference Information Center to the Office of the
Secretary
13. The RIC serves as the FCC custodian for designated public
records, with functions including intake of records, file maintenance,
reference services, retrieval of records, and retirement or archiving
of files in accordance with record retention schedules approved by the
National Archives and Records Administration (NARA). The RIC is also
currently responsible for managing the Commission's Electronic Comment
Filing System (ECFS) and scanning and uploading documents filed on
paper into ECFS as needed.
14. Section 0.11 of the Commission's Rules instructs OMD to
``direct agency efforts to improve management effectiveness,
operational efficiency, employee productivity, and service to the
public.'' Pursuant to Section 0.11(b), the Secretary of the Commission
is designated the ``official custodian of the Commission's documents.''
The Office of the Secretary in OMD oversees prompt and orderly
processing of all matters presented to the Commission and supports the
Commission decision-making process to ensure efficient operations. To
preserve the integrity of the Commission's records, the Office of the
Secretary supervises the receipt and distribution of documents filed by
the public through electronic and paper filing systems. In addition,
the Office of the Secretary gives effective legal notice of Commission
decisions by publishing them in the Federal Register and the FCC
Record. The Secretary serves as legal custodian of the Commission's
official records and publishes official documents to the agency's
website.
15. After this reorganization, the Office of the Secretary will be
responsible for the management of ECFS in addition to the document
custodial functions it performs today. Since the Office of the
Secretary currently manages both electronic documents (EDOCS) and the
Electronic Commission's Lifecycle Agenda Tracking System (ECLAS), the
addition of ECFS to its list of responsibilities will create further
efficiencies in the management and planning of these important internal
and public facing systems.
16. In addition to giving it responsibility over ECFS, we transfer
administration and management of the RIC from CGB to the Office of the
Secretary. By taking this action, we locate the Commission's public
records reference functions with the internal organization that
currently carries out other reference functions, including management
of the FCC Library.
17. We also update the Commission's rules to reflect the revised
procedures for the public to access the RIC. Due to the updated
security protocols associated with the FCC's new headquarters, all
visitors to the RIC will be required to have a scheduled appointment in
advance of accessing the facility.
2. Transfer of Records Management From PERM to IT
18. In OMD, the PERM group has responsibility for the
administration and implementation of the FCC's agency-wide records
management program, as opposed to the RIC which oversees an important
subset of publicly available FCC records. PERM's records management
program develops policies, procedures and processes to facilitate
retrieval, selection, retention, and disposition of record and non-
record materials and coordinates the records management program
throughout the FCC and with NARA. The FCC's Agency Records Officer in
PERM is responsible for complying with and updating the records
schedules set by NARA.
19. As discussed at the outset of this Order, with our actions
today, we merge and relocate the records management program and
functions into OMD's IT group. The IT group is currently responsible
for providing support and
[[Page 21426]]
services for the information technology component of records
management. Thus, merging the implementation and information technology
components of these programs within the IT group will facilitate
internal coordination and create additional efficiencies by eliminating
unnecessary redundant oversight and management. Furthermore,
integrating records management considerations into the development and
implementation of the FCC's information systems will facilitate the
records retention and disposal process, and strengthen compliance with
records schedules.
20. As a result of this transfer, PERM will be renamed as the
Performance and Program Management (PPM) group in OMD. The PPM group
will retain all of PERM's previous functions with the exception of
records management as described above.
3. Establish a Stand-Alone Enterprise Acquisition Center in OMD
21. To reflect the Commission's focus on strengthening all aspects
of its procurement process, we conclude that the proper, efficient and
effective dispatch of our business will be served by moving the EAC
staff from the OMD Front Office and establishing EAC as a stand-alone
group within OMD dedicated to the FCC's procurement activities. By
establishing this group as a stand-alone entity, it is the Commission's
objective to continue to improve efficiencies, independence,
accountability and performance in the management of its acquisition
strategy, planning and procurement activities.
C. Other Rule Changes
22. In addition to the changes otherwise identified herein, we
update the Commission's rules by replacing the references to the
agency's Chairman with references instead to the Chairperson throughout
and revise other rules that refer to ``chairman'' to instead specify
``chairperson.''
23. We also make minor modifications to reflect slight changes to
procedures related to Privacy Act requests, to update rule 0.460
concerning requests for inspection and copies of records which are
routinely available for public inspection to reflect current
procedures, and to remove from the Code of Federal Regulations a
display of approved information collections that is no longer updated
and has become obsolete. We also eliminate certain Notes to rules and
instead move the language from the Note into a subsection of the
relevant rule to conform to the publishing conventions of the National
Archives and Records Administration's Office of the Federal Register.
IV. Ordering Clauses
24. Accordingly, it is ordered that, pursuant to sections 4, 5(b),
5(c), and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154, 155(b), 155(c), 303(r), this Order is adopted.
25. It is further ordered that Parts 0, 1, 19, 20, 25, 27, 43, 52,
54, 63, 64, 67, 68, 73, 74, 76, 79, 80, 87, 90, 95, 97, and 101 of the
Commission rules are amended as set forth in the Appendix.
26. It is further ordered that this Order will become effective on
the date this Order is published in the Federal Register following the
appropriate clearance in accordance with the Consolidated
Appropriations Act, Public Law 117-103, at Division E, Title VI, Sec.
608, 136 Stat. 287 (2022).
27. It is further ordered, that pursuant to section 801(a)(1)(A) of
the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission
shall send a copy of this Order to Congress and to the Government
Accountability Office.
List of Subjects
47 CFR Part 0
Authority delegations (Government agencies), Organization and
functions.
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 19
Conflict of interest.
47 CFR Part 20
Administrative practice and procedure, Incorporation by reference.
47 CFR Part 25
Administrative practice and procedure, Incorporation by reference.
47 CFR Part 27
Administrative practice and procedure, Incorporation by reference.
47 CFR Part 43
Communications common carriers.
47 CFR Part 52
Communications common carriers, Incorporation by reference.
47 CFR Part 54
Communications common carriers.
47 CFR Part 63
Communications common carriers.
47 CFR Part 64
Communications common carriers, Incorporation by reference.
47 CFR Part 67
Incorporation by reference.
47 CFR Part 68
Administrative practice and procedure, Incorporation by reference.
47 CFR Part 73
Television.
47 CFR Part 74
Incorporation by reference, Telecommunications.
47 CFR Part 76
Incorporation by reference, Television.
47 CFR Part 79
Incorporation by reference, Telecommunications.
47 CFR Part 80
Incorporation by reference, Telephone.
47 CFR Part 87
Incorporation by reference, Reporting and recordkeeping
requirements.
47 CFR Part 90
Administrative practice and procedure, Incorporation by reference.
47 CFR Part 95
Incorporation by reference, Telecommunications.
47 CFR Part 97
Satellites.
47 CFR Part 101
Administrative practice and procedure.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR chapter I as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Amend Sec. 0.3 by revising the section heading and paragraphs (a)
introductory txt and (b) to read as follows:
Sec. 0.3 The Chairperson.
(a) One of the members of the Commission is designated by the
President to serve as Chairperson, or
[[Page 21427]]
chief executive officer, of the Commission. As Chairperson, he/she has
the following duties and responsibilities:
* * * * *
(b) The Commission will, in the case of a vacancy in the Office of
the Chairperson of the Commission, or in the absence or inability of
the Chairperson to serve, temporarily designate one of its members to
act as Chairperson until the cause or circumstance requiring such
designation has been eliminated or corrected.
0
3. Amend section Sec. 0.5 by revising paragraphs (a) introductory text
and (a)(11) through (17) and adding paragraph (a)(18) to read as
follows:
Sec. 0.5 General description of Commission organization and
operations.
(a) Principal staff units. The Commission is assisted in the
performance of its responsibilities by its staff, which is divided into
the following principal units:
* * * * *
(11) Office of International Affairs.
(12) Wireline Competition Bureau.
(13) Wireless Telecommunications Bureau.
(14) Space Bureau.
(15) Media Bureau.
(16) Enforcement Bureau.
(17) Consumer and Governmental Affairs Bureau.
(18) Public Safety and Homeland Security Bureau.
* * * * *
0
4. Amend Sec. 0.11 by revising paragraphs (a) introductory text,
(a)(2) through (4) and (11), and (b) to read as follows:
Sec. 0.11 Functions of the Office.
(a) The Managing Director is appointed by the Chairperson with the
approval of the Commission. Under the supervision and direction of the
Chairperson, the Managing Director shall serve as the Commission's
chief operating and executive official with the following duties and
responsibilities:
* * * * *
(2) Formulate and administer all management and administrative
policies, programs, and directives for the Commission consistent with
authority delegated by the Commission and the Chairperson and recommend
to the Chairperson and the Commission major changes in such policies
and programs.
(3) Assist the Chairperson in carrying out the administrative and
executive responsibilities delegated to the Chairperson as the
administrative head of the agency.
(4) Advise the Chairperson and Commission on management,
administrative, and related matters; review and evaluate the programs
and procedures of the Commission; initiate action or make
recommendations as may be necessary to administer the Communications
Act most effectively in the public interest. Assess the management,
administrative, and resource implications of any proposed action or
decision to be taken by the Commission or by a Bureau or Office under
delegated authority; recommend to the Chairperson and Commission
program priorities, resource and position allocations, management, and
administrative policies.
* * * * *
(11) Advise the Chairperson, Commission, and Commission Bureaus and
Offices on matters concerning the development, administration, and
management of the Affordable Connectivity Outreach Grant Program.
(b) The Secretary is the official custodian of the Commission's
documents. The Office of the Secretary also serves as the official FCC
records custodian for designated records, including intake processing,
organization and file maintenance, reference services, and retirement
and retrieval of records; manages the Electronic Comment Filing System
and certifies records for adjudicatory and court proceedings; maintains
manual and computerized files that provide for the public inspection of
public record materials concerning Broadcast Ownership, AM/FM/TV, TV
translators, FM Translators, Cable TV, Wireless, Auction, Common
Carrier Tariff matters, International space station files, earth
station files, DBS files, and other miscellaneous international files;
maintains for public inspection Time Brokerage and Affiliation
Agreements, court citation files, and legislative histories concerning
telecommunications dockets and provides the public and Commission staff
prompt access to manual and computerized records and filing systems.
* * * * *
0
5. Amend Sec. 0.13 by revising the introductory text and paragraph (d)
to read as follows:
Sec. 0.13 Functions of the Office.
The Office of Inspector General is directly responsible to the
Chairperson as head of the agency. However, the Chairperson may not
prevent or prohibit the Office of Inspector General from carrying out
its duties and responsibilities as mandated by the Inspector General
Act Amendments of 1988 (Pub. L. 100-504) and the Inspector General Act
of 1978 (5 U.S.C. Appendix 3), as amended.
* * * * *
(d) Keep the Chairperson of the Commission--and through him or her
the other Commissioners--and the Congress fully and currently informed
concerning fraud and other serious problems, abuses, and deficiencies
relating to the administration of Commission programs and operations;
recommend corrective action and report on the progress made in
implementing such corrective action. In addition to providing the
Chairperson with the results of completed audits and inspections, the
Inspector General shall prepare statutorily required reports,
identified as such, to include:
(1) Semiannual reports summarizing activities of the office during
the preceding six-month period (due to the Chairperson by April 30 and
October 31);
(2) Special reports specifically identifying any serious or
flagrant problems, abuses or deficiencies (due to the Chairperson
immediately upon discovery of these matters by the Inspector General).
0
6. Amend Sec. 0.17 by revising paragraph (d) to read as follows:
Sec. 0.17 Functions of the Office.
* * * * *
(d) Assist the Chairperson and Commissioners in preparation for,
and the coordination of their appearances before the Committees of
Congress.
* * * * *
0
7. Add Sec. 0.19 before the undesignated center heading ``Office of
Economics and Analytics'' to read as follows:
Sec. 0.19 Functions of the Office.
The Office of International Affairs has the following duties and
responsibilities:
(a) To initiate and direct the development and articulation of
international telecommunications policies, consistent with the
priorities of the Commission.
(b) To advise the Chairperson and Commissioners on matters of
international telecommunications policy, and on the adequacy of the
Commission's actions to promote the vital interests of the American
public in international commerce, national defense, and foreign policy.
(c) To represent the Commission on international communications
matters, including matters involving international, regional, and cross
border spectrum allocation and frequency
[[Page 21428]]
coordination at both domestic and international conferences and
meetings, and to direct and coordinate the Commission's preparation for
such conferences and meetings.
(d) To direct and coordinate, in consultation with other Bureaus
and Offices as appropriate, negotiation of international agreements to
provide for arrangements and procedures for coordination of radio
frequency assignments to prevent or resolve international radio
interference involving U.S. licensees.
(e) To ensure fulfillment of the Commission's responsibilities
under international agreements and treaty obligations, and consistent
with Commission policy, in coordination with other Bureaus and Offices
as appropriate, to ensure that the Commission's regulations,
procedures, and frequency allocations comply with the mandatory
requirements of all applicable international and bilateral agreements.
(f) To serve as the single focal point within the Commission for
cooperation and consultation on international telecommunications
matters with other Federal agencies, international or foreign
organizations, and appropriate regulatory bodies and officials of
foreign governments.
(g) To develop, recommend, and administer policies, rules,
standards, and procedures regarding the authorization and regulation of
international telecommunications facilities and services, submarine
cables, international broadcast services, and foreign ownership issues.
(h) To develop, recommend, and administer policies, rules,
standards, and procedures regarding coordination with Executive Branch
agencies on national security, law enforcement, foreign policy, trade
policy, or concerns.
(i) To monitor compliance with the terms and conditions of
authorizations and licenses and pursue enforcement actions in
conjunction with appropriate bureaus and offices.
(j) To develop, coordinate with other Federal agencies, and
administer the regulatory assistance and training programs for foreign
administrations to promote telecommunications development.
(k) To provide advice and technical assistance to U.S. trade
officials in the negotiation and implementation of communications trade
agreements, and consult with other bureaus and offices as appropriate
with respect thereto.
(l) To conduct economic, legal, technical, statistical, and other
appropriate studies, surveys, and analyses in support of international
telecommunications policies and programs.
(m) To collect and disseminate within the Commission information
and data on international communications policies, regulatory and
market developments in other countries, and international
organizations.
(n) To work with the Office of Legislative Affairs to coordinate
the Commission's activities on significant matters of international
policy with appropriate Congressional offices.
(o) To advise the Chairperson on priorities for international
travel and develop, coordinate, and administer the international travel
plan.
(p) Managing efforts across the Bureaus and Offices to participate
in international standards activities and serving as the FCC's senior
representative at in-person standards meetings around the world in
conjunction with staff from other Bureaus and Offices as needed.
(q) To issue orders revoking a common carrier's operating authority
pursuant to section 214 of the Act, and issue orders to cease and
desist such operations, in cases where the presiding officer has issued
a certification order to the Commission that the carrier has waived its
opportunity for hearing under that section.
(r) To exercise the authority to issue non-hearing related
subpoenas for the attendance and testimony of witnesses and the
production of books, papers, correspondence, memoranda, schedules of
charges, contracts, agreements, and any other records deemed relevant
to the investigation of matters within the jurisdiction of the Office
of International Affairs. Before issuing a subpoena, the Office of
International Affairs shall obtain the approval of the Office of
General Counsel.
(s) To assist the Consumer and Governmental Affairs Bureau on
issues involving informal consumer complaints and other general
inquiries by consumers.
(t) To coordinate with the Public Safety and Homeland Security
Bureau on all matters affecting public safety, homeland security,
national security, emergency management, disaster management, and
related issues.
0
8. Amend Sec. 0.31 by revising paragraph (b) to read as follows:
Sec. 0.31 Functions of the Office.
* * * * *
(b) Represent the Commission at various national conferences and
meetings (and, in consultation with the Office of International
Affairs, at various international conferences and meetings) devoted to
the progress of communications and the development of technical and
other information and standards, and serve as Commission coordinator
for the various national conferences when appropriate.
* * * * *
0
9. Amend Sec. 0.41 by revising paragraph (h) to read as follows:
Sec. 0.41 Functions of the Office.
* * * * *
(h) To cooperate with the Space Bureau on all matters pertaining to
space policy and satellite communications.
* * * * *
0
10. Revise Sec. 0.51 to read as follows:
Sec. 0.51 Functions of the Bureau.
The Space Bureau has the following duties and responsibilities:
(a) To develop, recommend, and administer policies, rules,
standards, and procedures for the authorization and regulation of
domestic and international satellite systems.
(b) To monitor compliance with the terms and conditions of
authorizations and licenses granted by the Bureau, and to pursue
enforcement actions in conjunction with appropriate bureaus and
offices.
(c) To facilitate the international coordination of U.S. spectrum
allocations for space-based services and frequency and orbital
assignments so as to minimize cases of international radio interference
involving U.S. licensees.
(d) To coordinate, in consultation with other Bureaus and Offices
as appropriate, negotiation of arrangements and procedures for
coordination of radio frequency assignments for space-based services to
prevent or resolve international radio interference involving U.S.
space station and/or earth station licensees.
(e) To ensure fulfillment of the Commission's responsibilities
under international agreements and treaty obligations in coordination
with the Office of International Affairs, and, consistent with
Commission policy, to ensure that the Commission's regulations,
procedures, and frequency allocations comply with the mandatory
requirements of all applicable international and bilateral agreements
involving space-based services.
(f) In coordination with the Office of International Affairs, to
oversee and, as appropriate, administer activities pertaining to the
international consultation, coordination, and notification of U.S.
frequency and orbital assignments, including activities required by
bilateral agreements, the international Radio Regulations, and other
international agreements.
[[Page 21429]]
(g) To serve as a focal point for coordination with other U.S.
government agencies on matters of space policy, licensing and
governance and, to support the Office of International Affairs with
other Federal agencies, international or foreign organizations, and
appropriate regulatory bodies and officials of foreign governments for
meetings that involve space policy matters.
(h) To exercise authority to issue non-hearing related subpoenas
for the attendance and testimony of witnesses and the production of
books, papers, correspondence, memoranda, schedules of charges,
contracts, agreements, and any other records deemed relevant to the
investigation of matters within the jurisdiction of the Space Bureau.
Before issuing a subpoena, the Space Bureau shall obtain the approval
of the Office of General Counsel.
(i) To assist the Consumer and Governmental Affairs Bureau on
issues involving informal consumer complaints and other general
inquiries by consumers.
(j) To coordinate with the Public Safety and Homeland Security
Bureau on all matters affecting public safety, homeland security,
national security, emergency management, disaster management, and
related issues.
0
11. Amend Sec. 0.81 by revising paragraphs (b)(1) and (9) to read as
follows:
Sec. 0.81 Functions of the Office.
* * * * *
(b) * * *
(1) Through its Director, serves as the principal advisor to the
Chairperson and Commission officials on all aspects of workplace
diversity, affirmative recruitment, equal employment opportunity, non-
discrimination, and civil rights;
* * * * *
(9) Manages the Commission's equal employment opportunity
compliance program. Responsibilities in this area include processing
complaints alleging discrimination, recommending to the Chairperson
final decisions on EEO complaints within the Commission, and providing
counseling services to employees and applicants on EEO matters;
* * * * *
0
12. Amend Sec. 0.111 by:
0
a. Redesignating Note to paragraph (a)(1) as Note 1 to paragraph
(a)(1);
0
b. Revising the second sentence of newly redesignated Note 1 to
paragraph (a)(1);
0
c. Redesignating the following notes:
0
i. Note to paragraph (a)(2) as Note 2 to paragraph (a)(2);
0
ii. Note to paragraph (a)(4) as Note 3 to paragraph (a)(4);
0
iii. Note to paragraph (a)(6) as Note 4 to paragraph (a)(6);
0
iv. Note to paragraph (a)(8) as Note 5 to paragraph (a)(8);
0
v. Note to paragraph (a)(11) as Note 6 to paragraph (a)(11); and
0
vi. Note to paragraph (a)(13) as Note 7 to paragraph (a)(13); and
0
c. Revising paragraph (c).
The revisions read as follows:
Sec. 0.111 Functions of the Bureau.
(a) * * *
Note 1 to paragraph (a)(1): * * * The Office of International
Affairs has primary responsibility for complaints regarding
international settlements rules and policies.
* * * * *
(c) In coordination with the Office of International Affairs,
participate in international conferences dealing with monitoring and
measurement; serve as the point of contact for the U.S. Government in
matters of international monitoring, fixed and mobile direction-finding
and interference resolution; and oversee coordination of non-routine
communications and materials between the Commission and international
or regional public organizations or foreign administrations.
* * * * *
0
13. Amend Sec. 0.131 by revising paragraphs (e) and (k) to read as
follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(e) Develops and recommends policy, rules, standards, procedures
and forms for the authorization and regulation of wireless
telecommunications facilities and services, including all facility
authorization applications involving domestic terrestrial transmission
facilities. Coordinates with and assists the Space Bureau regarding
frequency assignment, coordination and interference matters.
* * * * *
(k) Coordinates with and assists the Office of International
Affairs with respect to treaty activities and international conferences
concerning wireless telecommunications and standards.
* * * * *
0
14. Amend Sec. 0.141 by revising paragraph (h) to read as follows:
Sec. 0.141 Functions of the Bureau.
* * * * *
(h) Periodically reviews the status of open docketed proceedings,
and following:
(1) Consultation with and concurrence from the relevant bureau or
office with responsibility for a particular proceeding,
(2) The issuance of a public notice listing proceedings under
consideration for termination, and,
(3) A reasonable period during which interested parties may
comment, closes any docket in which no further action is required or
contemplated (with termination constituting a final determination in
any such proceeding).
* * * * *
0
15. Amend Sec. 0.181 by revising paragraph (g) to read as follows:
Sec. 0.181 The Defense Commissioner.
* * * * *
(g) In the event of enemy attack, or the imminent threat thereof,
or other disaster resulting in the inability of the Commission to
function at its offices in Washington, DC, to assume all of the duties
and responsibilities of the Commission and the Chairperson, until
relieved or augmented by other Commissioners or members of the staff,
as set forth in Sec. Sec. 0.186 and 0.383.
* * * * *
0
16. Amend Sec. 0.186 by revising paragraph (b) to read as follows:
Sec. 0.186 Emergency Relocation Board.
* * * * *
(b) The Board shall comprise such Commissioners as may be present
(including Commissioners available through electronic communications or
telephone) and able to act. In the absence of the Chairperson, the
Commissioner present with the longest seniority in office will serve as
acting Chairperson. If no Commissioner is present and able to act, the
person designated as next most senior official in the Commission's
Continuity of Operations Plan will head the Board.
0
17. Amend Sec. 0.204 by revising paragraphs (b) and (c)(3) to read as
follows:
Sec. 0.204 The exercise of delegated authority.
* * * * *
(b) Authority of subordinate officials. Authority delegated to any
official to issue orders or to enter into correspondence under
paragraph (a) of this section may be exercised by that official or by
appropriate subordinate officials acting for him/her.
(c) * * *
(3) General correspondence by a committee or board is signed by the
committee or board chairperson.
* * * * *
0
18. Amend Sec. 0.211 by revising the section heading, introductory
text, and paragraphs (a) through (c) to read as follows:
[[Page 21430]]
Sec. 0.211 Chairperson.
The responsibility for the general administration of internal
affairs of the Commission is delegated to the Chairperson of the
Commission. The Chairperson will keep the Commission advised concerning
his actions taken under this delegation of authority. This authority
includes:
(a) Actions of routine character as to which the Chairperson may
take final action.
(b) Actions of non-routine character which do not involve policy
determinations. The Chairperson may take final action on these matters
but shall specifically advise the Commission on these actions.
(c) Actions of an important character or those which involve policy
determinations. In these matters the Chairperson will develop proposals
for presentation to the Commission.
* * * * *
0
19. Amend Sec. 0.212 by revising the first sentence of paragraph (a)
to read as follows:
Sec. 0.212 Board of Commissioners.
(a) Whenever the Chairperson or Acting Chairperson of the
Commission determines that a quorum of the Commission is not present or
able to act, he/she may convene a Board of Commissioners. * * *
* * * * *
0
20. Amend Sec. 0.231 by revising paragraph (g) to read as follows:
Sec. 0.231 Authority delegated.
* * * * *
(g) The Managing Director, after consultation with the Chairperson
shall establish, renew, and terminate all Federal advisory committees.
He/She shall also exercise all management responsibilities under the
Federal Advisory Committee Act as amended (Pub. L. No. 92-463, 5 U.S.C.
App.).
* * * * *
0
21. Amend Sec. 0.251 by revising paragraph (e) to read as follows:
Sec. 0.251 Authority delegated.
* * * * *
(e) The official record of all actions taken by the General Counsel
pursuant to paragraphs (c) and (d) of this section is contained in the
original docket folder, which is maintained by the Reference
Information Center.
* * * * *
0
22. Revise Sec. 0.261 to read as follows:
Sec. 0.261 Authority delegated.
(a) Subject to the limitations set forth in paragraph (b) of this
section, the Chief, Space Bureau, is hereby delegated the authority to
perform the functions and activities described in Sec. 0.51, including
without limitation the following:
(1) To recommend rulemakings, studies, and analyses (legal,
engineering, social, and economic) of various petitions for policy or
rule changes submitted by industry or the public, and to assist the
Commission in conducting the same.
(2) To act upon applications for satellite systems and earth
stations pursuant to part 25 of this chapter.
(3) In conjunction with the Office of International Affairs, to
notify the International Telecommunication Union (ITU) of the United
States' terrestrial and satellite assignments for inclusion in the
Master International Frequency Register.
(4) To interpret and enforce rules and regulations pertaining to
matters under its jurisdiction and not within the jurisdiction of the
Enforcement Bureau.
(b) Notwithstanding the authority delegated in paragraph (a) of
this section, the Chief, Space Bureau, shall not have authority:
(1) To act on any application, petition, pleading, complaint,
enforcement matter, or other request that:
(i) Presents new or novel arguments not previously considered by
the Commission;
(ii) Presents facts or arguments which appear to justify a change
in Commission policy; or
(iii) Cannot be resolved under outstanding precedents and
guidelines after consultation with appropriate Bureaus or Offices.
(2) To issue notices of proposed rulemaking, notices of inquiry, or
reports or orders arising from rulemaking or inquiry proceedings;
(3) To act upon any application for review of actions taken by the
Chief, Space Bureau, pursuant to delegated authority, except that the
Chief of the Space Bureau may dismiss any such application that does
not contain any statement required under Sec. 1.115(a) or (b) of this
chapter, or does not comply with the filing requirements of Sec.
1.115(d) or (f) of this chapter;
(4) To act upon any formal or informal radio application which is
in hearing status;
(5) To designate for hearing any applications except:
(i) Mutually exclusive applications for radio facilities filed
pursuant to part 25, of this chapter; and
(ii) Applications for facilities where the issues presented relate
solely to whether the applicant has complied with outstanding
precedents and guidelines; or
(6) To impose, reduce, or cancel forfeitures pursuant to section
203 or section 503(b) of the Communications Act of 1934, as amended, in
amounts of more than $80,000 for common carrier providers and $20,000
for non-common carrier providers.
0
23. Revise Sec. 0.262 to read as follows:
Sec. 0.262 Record of actions taken.
The application and authorization files in the appropriate central
files of the Space Bureau are designated as the Commission's official
records of actions by the Chief, Space Bureau, pursuant to authority
delegated to the Chief. The official records of action are maintained
in the Reference Information Center.
0
24. Revise Sec. 0.272 to read as follows:
Sec. 0.272 Record of actions taken.
The application and authorization files and other appropriate files
of the Office of Economics and Analytics are designated as the
Commission's official records of action of the Chief, Office of
Economics and Analytics, pursuant to authority delegated to the Chief.
The official records of action are maintained by the Reference
Information Center.
0
25. Revise Sec. 0.285 to read as follows:
Sec. 0.285 Record of actions taken.
The history card, the station file, and other appropriate files are
designated to be the official records of action taken by the Chief of
the Media Bureau. The official records of action are maintained by the
Reference Information Center.
0
26. Amend Sec. 0.291 by revising paragraph (e) to read as follows:
Sec. 0.291 Authority delegated.
* * * * *
(e) Authority concerning rulemaking and investigatory proceedings.
The Chief, Wireline Competition Bureau, shall not have authority to
issue notices of proposed rulemaking, notices of inquiry, or reports or
orders arising from either of the foregoing, except that the Chief,
Wireline Competition Bureau, shall have authority, in consultation and
coordination with the Chief, Office of International Affairs, to issue
and revise a manual on the details of the reporting requirements for
international carriers referenced in Sec. 43.61(a)(3) of this chapter.
* * * * *
0
27. Revise Sec. 0.302 to read as follows:
Sec. 0.302 Record of actions taken.
The application and authorization files are designated as the
Commission's official records of action of the Chief, Wireline
Competition Bureau pursuant to authority delegated to the Chief. The
[[Page 21431]]
official records of action are maintained by the Reference Information
Center.
0
28. Revise Sec. 0.317 to read as follows:
Sec. 0.317 Record of action taken.
The application, authorization, and other appropriate files of the
Enforcement Bureau are designated as the Commission's official records
of action taken pursuant to authority delegated under Sec. Sec. 0.311
and 0.314, and shall constitute the official Commission minutes entry
of such actions. The official records of action are maintained by the
Reference Information Center.
0
29. Add Sec. 0.351 before the undesignated center heading ``Consumer
and Governmental Affairs Bureau'' to read as follows:
Sec. 0.351 Authority delegated.
(a) The Chief, Office of International Affairs, is hereby delegated
the authority to perform the functions and activities described in
Sec. 0.19, including without limitation the following:
(1) To assume the principal representational role on behalf of the
Commission in international conferences, meetings, and negotiations,
and direct Commission preparation for such conferences, meetings, and
negotiations with other Bureaus and Offices, as appropriate.
(2) To administer Commission participation in the International
Telecommunication Union (ITU) Fellowship telecommunication training
program for foreign officials offered through the U.S.
Telecommunications Training Institute.
(3) In consultation with the affected Bureaus and Offices, to
recommend revision of Commission rules and procedures as appropriate to
conform to the outcomes of international conferences, agreements, or
treaties.
(4) To recommend rulemakings, studies, and analyses (legal,
engineering, social, and economic) of various petitions for policy or
rule changes submitted by industry or the public, and to assist the
Commission in conducting the same.
(5) To administer and enforce the policies and rules on
international settlements under part 64 of this chapter.
(6) To interpret and enforce rules and regulations pertaining to
matters under its jurisdiction and not within the jurisdiction of the
Enforcement Bureau.
(7) To conduct studies and compile such data relating to
international telecommunications as may be necessary for the Commission
to develop and maintain an adequate regulatory program.
(8) To act upon applications for international telecommunications
and services pursuant to relevant portions of part 63 of this chapter,
and coordinate with the Wireline Competition Bureau as appropriate.
(9) To act upon applications for cable landing licenses pursuant to
Sec. 1.767 of this chapter.
(10) To act upon applications relating to international broadcast
station operations, or for permission to deliver programming to foreign
stations, under part 73 of this chapter.
(11) To administer and make available on a public website, a
standardized set of national security and law enforcement questions for
the categories of information set forth in part 1, subpart CC, of this
chapter.
(12) To act upon requests for designation of Recognized Private
Operating Agency (RPOA) status under part 63 of this chapter.
(13) Overseeing a team of staff from the FCC's Bureaus and Offices
for the purposes of developing Commission positions related to
international standard setting issues; collaborating on behalf of the
FCC with other Federal agencies on international standard setting
issues; and serving as the Chairperson's primary point of contact to
develop goals and facilitate strategic decisions about FCC engagement
in international standard setting efforts.
(14) To administer portions of part 2 of this chapter dealing with
international treaties and call sign provisions, and to make call sign
assignments, individually and in blocks, to U.S. government agencies
and FCC operating bureaus.
(15) To make technical and ministerial edits to the rules adopted
in the 2016 Report and Order in the review of foreign ownership
policies for broadcast, common carrier, and aeronautical radio
licensees to ensure that the Commission's rules continue to refer to
the correct Securities and Exchange Commission rules and forms. 31 FCC
Rcd 11272.
(b) Notwithstanding the authority delegated in paragraph (a) of
this section, the Chief, Office of International Affairs, shall not
have authority:
(1) To act on any application, petition, pleading, complaint,
enforcement matter, or other request that:
(i) Presents new or novel arguments not previously considered by
the Commission;
(ii) Presents facts or arguments which appear to justify a change
in Commission policy; or
(iii) Cannot be resolved under outstanding precedents and
guidelines after consultation with appropriate Bureaus or Offices.
(2) To issue notices of proposed rulemaking, notices of inquiry, or
reports or orders arising from rulemaking or inquiry proceedings;
(3) To act upon any application for review of actions taken by the
Chief, Office of International Affairs, pursuant to delegated
authority, except that the Chief of the Office of International Affairs
may dismiss any such application that does not contain any statement
required under Sec. 1.115(a) or (b) of this chapter, or does not
comply with the filing requirements of Sec. 1.115(d) or (f) of this
chapter;
(4) To act upon any formal or informal radio application or section
214 application for common carrier services which is in hearing status;
(5) To designate for hearing any applications except applications
for facilities where the issues presented relate solely to whether the
applicant has complied with outstanding precedents and guidelines; or
(6) To impose, reduce, or cancel forfeitures pursuant to section
203 or section 503(b) of the Communications Act of 1934, as amended, in
amounts of more than $80,000 for common carrier providers and $20,000
for non-common carrier providers.
0
30. Add Sec. 0.352 to read as follows:
Sec. 0.352 Record of actions taken.
The application and authorization files and other appropriate files
of the Office of International Affairs are designated as the
Commission's official records of action of the Chief, Office of
International Affairs, pursuant to authority delegated to the Chief.
The official records of action are maintained in the Reference
Information Center.
0
31. Amend Sec. 0.391 by revising paragraph (a) to read as follows:
Sec. 0.391 Authority delegated.
* * * * *
(a) Manage the Commission's internal EEO compliance program
pursuant to Title VII of the Civil Rights Act of 1964, as amended, the
Rehabilitation Act of 1973, as amended, the Age Discrimination in
Employment Act of 1967, as amended, the Equal Pay Act, and other
applicable laws, rules, regulations, and Executive Orders, with
authority that includes appointing EEO counselors, investigators, and
mediators; investigating complaints of employment discrimination, and
recommending to the Chairperson final agency decisions on EEO
complaints;
* * * * *
0
32. Revise Sec. 0.408 to read as follows:
[[Page 21432]]
Sec. 0.408 OMB Control Numbers and expiration dates assigned pursuant
to the Paperwork Reduction Act of 1995.
OMB control numbers and expiration dates for the Commission
information collection requirements assigned by the Office of
Management and Budget (``OMB'') pursuant to the Paperwork Reduction Act
of 1995, Public Law 104-13 can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. The Commission intends that this posting comply with
the requirement that agencies ``display'' current OMB control numbers
and expiration dates assigned by the Director, OMB, for each approved
information collection requirement. Notwithstanding any other
provisions of law, no person shall be subject to any penalty for
failing to comply with a collection of information subject to the
Paperwork Reduction Act (PRA) that does not display a currently valid
OMB control number. Questions concerning the OMB control numbers and
expiration dates should be directed to the Secretary, Office of the
Secretary, Office of Managing Director, Federal Communications
Commission, Washington, DC 20554 by sending an email to <a href="/cdn-cgi/l/email-protection#83d3d1c2c3e5e0e0ade4ecf5"><span class="__cf_email__" data-cfemail="15454754557376763b727a63">[email protected]</span></a>.
0
33. Revise Sec. 0.434 to read as follows:
Sec. 0.434 Data bases and lists of authorized broadcast stations and
pending broadcast applications.
Periodically the FCC makes available copies of its data bases and
lists containing information about authorized broadcast stations,
pending applications for such stations, and rulemaking proceedings
involving amendments to the TV and FM Table of Allotments. The data
bases, and the lists prepared from the data bases, contain frequencies,
station locations, and other particulars. The lists are available for
public inspection at the FCC's main office, located at the address
indicated in Sec. 0.401(a). Many of the databases may be viewed at the
Commission's website at <a href="http://www.fcc.gov">www.fcc.gov</a> and <a href="ftp.fcc.gov">ftp.fcc.gov</a> under mass media
services. Copies of these lists are maintained by the Reference
Information Center. These lists are derived from the data bases and can
be used as an alternative research source to the Broadcast Application
Processing System (BAPS).
0
34. Amend Sec. 0.441 by revising paragraphs (a)(5) and (d) to read as
follows:
Sec. 0.441 General.
(a) * * *
(5) Visiting the Reference Information Center located at the
address indicated in Sec. 0.401(a).
* * * * *
(d) The General Counsel shall, subject to the authority of the
Chairperson, exercise the responsibilities of the Chief FOIA Officer
specified in 5 U.S.C. 552(j).
0
35. Amend Sec. 0.445 by revising the second sentence of paragraph (c)
to read as follows:
Sec. 0.445 Publication, availability, and use of opinions, orders,
policy statements, interpretations, administrative manuals, staff
instructions, and frequently requested records.
* * * * *
(c) * * * The complete text of the Commission decision also is
released by the Commission and is available for inspection through the
Reference Information Center, via the Electronic Document Management
System (EDOCS), or as otherwise specified in the rulemaking document
published in the Federal Register.
* * * * *
0
36. Amend Sec. 0.453 by revising the second sentence of the
introductory text and the first sentence of paragraph (a) to read as
follows:
Sec. 0.453 Public reference rooms.
* * * The Commission also maintains the FCC Reference Information
Center at its offices in Washington, DC.
(a) The Reference Information Center provides access to files
containing the record of all docketed cases, petitions for rulemaking
and related papers. * * *
* * * * *
0
37. Amend Sec. 0.457 by revising the first sentence of paragraph
(d)(1)(v) to read as follows:
Sec. 0.457 Records not routinely available for public inspection.
* * * * *
(d) * * *
(1) * * *
(v) The rates, terms and conditions in any agreement between a U.S.
carrier and a foreign carrier that govern the settlement of U.S.-
international traffic, including the method for allocating return
traffic, except as otherwise specified by the Commission by order or by
the Office of International Affairs under delegated authority. * * *
* * * * *
0
38. Revise Sec. 0.460 to read as follows:
Sec. 0.460 Requests for inspection of records which are routinely
available for public inspection.
(a) Section 0.453 specifies those Commission records which are
routinely available for public inspection and the places at which those
records may be inspected. Subject to the limitations set out in this
section, a person who wants to inspect such records must submit a
request to the Reference Information Center. Many records also are
available on the Commission's website, <a href="https://www.fcc.gov">https://www.fcc.gov</a> and the
Commission's electronic reading room, <a href="https://www.fcc.gov/general/freedom-information-act-electronic-reading-room">https://www.fcc.gov/general/freedom-information-act-electronic-reading-room</a>. Commission documents
are generally published in the FCC Record, and many of these documents
or summaries thereof are also published in the Federal Register.
(b) Arrangements to review records must be made in advance, by
telephone or by correspondence, by contacting the Reference Information
Center.
(c) The records in question must be reasonably described by the
person requesting them to permit their location by staff personnel. The
information needed to locate the records will vary, depending on the
records requested. Advice concerning the kind of information needed to
locate particular records will be furnished in advance upon request.
Members of the public will not be given access to the area in which
records are kept and will not be permitted to search the files.
(d) If it appears that there will be an appreciable delay in
locating or producing the records (as where a large number of documents
is the subject of a single request or where an extended search for a
document appears to be necessary), the requester may be directed to
submit or confirm the request in writing.
(e)(1) Written requests for records routinely available for public
inspection under Sec. 0.453 shall be directed to the Commission's
Reference Information Center pursuant to the procedures set forth in
Sec. 0.465. Requests shall set out all information known to the person
making the request which would be helpful in identifying and locating
the document, including the date range of the records sought, if
applicable. Upon request by Commission staff, the requester shall
provide his or her street address, phone number (if any), and email
address (if any). Written requests shall, in addition, specify the
maximum search fee the person making the request is prepared to pay
(see Sec. 0.467).
(2) Written requests shall be delivered or mailed directly to the
Commission's Reference Information Center (see Sec. 0.465(a)).
(f) When a written request is received by the Reference Information
Center, it will be date-stamped.
[[Page 21433]]
(g) All requests limited to records listed in Sec. 0.453 will be
granted, subject to paragraph (j) of this section.
(h) The records will be produced for inspection at the earliest
possible time.
(i) If the requester is provided access to a physical copy, records
shall be inspected within 7 days after notice is given that they have
been located and are available for inspection. After that period, they
will be returned to storage and additional charges may be imposed for
again producing them.
(j) In addition to the other requirements of this section, the
following provisions apply to the reports filed with the Commission
pursuant to 5 CFR parts 2634 and 3902.
(1) Such reports shall not be obtained or used:
(i) For any unlawful purpose;
(ii) For any commercial purpose, other than by news and
communications media for dissemination to the general public;
(iii) For determining or establishing the credit rating of any
individual; or
(iv) For use, directly or indirectly, in the solicitation of money
for any political, charitable, or other purpose.
(2) Such reports may not be made available to any person nor may
any copy thereof be provided to any person except upon a written
application by such person stating:
(i) That person's name, occupation and address;
(ii) The name and address of any other person or organization on
whose behalf the inspection or copying is requested; and
(iii) That such person is aware of the prohibitions on the
obtaining or use of the report. Further, any such application for
inspection shall be made available to the public throughout the period
during which the report itself is made available to the public.
0
39. Amend Sec. 0.461 by revising paragraph (d)(1)(i) to read as
follows:
Sec. 0.461 Requests for inspection of materials not routinely
available for public inspection.
* * * * *
(d)(1) * * *
(i) Filed electronically through the internet at <a href="https://www.foiaonline.gov/foiaonline/action/public/home">https://www.foiaonline.gov/foiaonline/action/public/home</a>; or
* * * * *
0
40. Amend Sec. 0.504 by revising the first sentence of paragraph (d)
to read as follows:
Sec. 0.504 Processing requests for declassification.
* * * * *
(d) The Commission's Classification Review Committee, consisting of
the Managing Director (Chairperson), the General Counsel or his/her
designee, and the Chief, Internal Review and Security Division, shall
have authority to act, within 30 days, upon all appeals regarding
denials of requests for mandatory declassification of Commission-
originated classifications. * * *
* * * * *
0
41. Amend Sec. 0.557 by revising the third sentence of paragraph (b)
to read as follows:
Sec. 0.557 Administrative review of an initial decision not to amend
a record.
* * * * *
(b) * * * Final administrative review shall be completed not later
than 30 days (excluding Saturdays, Sundays and legal public holidays)
from the date on which the individual requests such review unless the
Chairperson determines that a fair and equitable review cannot be made
within the 30-day period. * * *
* * * * *
0
42. Revise Sec. 0.558 to read as follows:
Sec. 0.558 Advice and assistance.
(a) Individuals who have questions regarding the procedures
contained in this subpart for gaining access to a particular system of
records or for contesting the contents of a record, either
administratively or judicially, should contact the Privacy Analyst at
<a href="/cdn-cgi/l/email-protection#a0f0d2c9d6c1c3d9e0c6c3c38ec7cfd6"><span class="__cf_email__" data-cfemail="bdedcfd4cbdcdec4fddbdede93dad2cb">[email protected]</span></a> or at the address indicated in Sec. 0.401(a), Attn:
Office of General Counsel.
(b) Individuals who request clarification of the Notice described
in Sec. 0.552 or who have questions concerning the characterization of
specific systems of records as set forth therein, should contact the
Privacy Analyst at <a href="/cdn-cgi/l/email-protection#a4f4d6cdd2c5c7dde4c2c7c78ac3cbd2"><span class="__cf_email__" data-cfemail="5000223926313329103633337e373f26">[email protected]</span></a> or at the address indicated in Sec.
0.401(a), Attn: Office of the Managing Director.
0
43. Amend Sec. 0.701 by revising the third sentence of paragraph (a),
the third sentence of paragraph (b), the second sentence of paragraph
(c), the third sentence of paragraph (d) and the first sentence of
paragraph (e) to read as follows:
Sec. 0.701 Intergovernmental Advisory Committee.
* * * * *
(a) * * * At his/her discretion, the Chairperson of the Federal
Communications Commission may extend the IAC's term of operations for
an additional two years, for which new members will be appointed as set
forth in paragraph (b) of this section. * * *
(b) * * * The Chairperson of the Commission will appoint members
through an application process initiated by a Public Notice, and will
select a Chairperson and a Vice Chairperson to lead the IAC. The
Chairperson of the Commission will also appoint members to fill any
vacancies and may replace an IAC member, at his or her discretion,
using the appointment process. * * *
(c) * * * Members must attend a minimum of fifty percent of the
IAC's yearly meetings and may be removed by the Chairperson of the IAC
for failure to comply with this requirement.
(d) * * * Members unable to attend an IAC meeting should notify the
IAC Chairperson a reasonable time in advance of the meeting and provide
the name of the employee designated on their behalf. * * *
(e) * * * The Chairperson of the Commission, or Commissioner
designated by the Chairperson for such purpose, will serve as a liaison
between the IAC and the Commission and provide general oversight for
its activities. * * *
PART 1--PRACTICE AND PROCEDURE
0
44. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note,
unless otherwise noted.
0
45. Amend Sec. 1.57 by revising paragraph (a) to read as follows:
Sec. 1.57 Circulation and voting of petitions for forbearance.
(a) If a petition for forbearance includes novel questions of fact,
law or policy which cannot be resolved under outstanding precedents and
decisions, the Chairperson will circulate a draft order no later than
28 days prior to the statutory deadline, unless all Commissioners agree
to a shorter period.
* * * * *
0
46. Amend Sec. 1.403 by revising the second sentence to read as
follows:
Sec. 1.403 Notice and availability.
* * * Petitions for rulemaking are available through the
Commission's Reference Information Center at the FCC's main office, and
may also be available electronically at <a href="https://www.fcc.gov/">https://www.fcc.gov/</a>.
0
47. Amend Sec. 1.767 by:
0
a. Removing the note to paragraph (g)(5):
0
b. Adding paragraph (g)(5)(iii); and
0
c. Revising paragraph (n)(1).
The addition and revision read as follows:
Sec. 1.767 Cable landing licenses.
* * * * *
[[Page 21434]]
(g) * * *
(5) * * *
(iii) Licensees may rely on the Commission's list of foreign
carriers that do not qualify for the presumption that they lack market
power in particular foreign points for purposes of determining which
foreign carriers are the subject of the requirements of this section.
The Commission's list of foreign carriers that do not qualify for the
presumption that they lack market power is available from the Office of
International Affairs' website at: <a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>.
* * * * *
(n)(1) With the exception of submarine cable outage reports, and
subject to the availability of electronic forms, all applications and
notifications described in this section must be filed electronically
through the International Communications Filing System (ICFS). A list
of forms that are available for electronic filing can be found on the
ICFS homepage. For information on electronic filing requirements, see
subpart Y of this part, and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53 of this chapter.
* * * * *
0
48. Amend Sec. 1.768 by revising paragraph (j) to read as follows:
Sec. 1.768 Notification by and prior approval for submarine cable
landing licensees that are or propose to become affiliated with a
foreign carrier.
* * * * *
(j) Subject to the availability of electronic forms, all
notifications described in this section must be filed electronically
through the International Communications Filing System (ICFS). A list
of forms that are available for electronic filing can be found on the
ICFS homepage. For information on electronic filing requirements, see
Sec. Sec. 1.1000 through 1.10018 and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53 of this chapter.
* * * * *
0
49. Revise Sec. 1.1202 to read as follows:
Sec. 1.1202 Definitions.
For the purposes of this subpart, the following definitions apply:
(a) Presentation. A communication directed to the merits or outcome
of a proceeding, including any attachments to a written communication
or documents shown in connection with an oral presentation directed to
the merits or outcome of a proceeding. Excluded from this term are
communications which are inadvertently or casually made, inquiries
concerning compliance with procedural requirements if the procedural
matter is not an area of controversy in the proceeding, statements made
by decisionmakers that are limited to providing publicly available
information about pending proceedings, and inquiries relating solely to
the status of a proceeding, including inquiries as to the approximate
time that action in a proceeding may be taken. However, a status
inquiry which states or implies a view as to the merits or outcome of
the proceeding or a preference for a particular party, which states why
timing is important to a particular party or indicates a view as to the
date by which a proceeding should be resolved, or which otherwise is
intended to address the merits or outcome or to influence the timing of
a proceeding is a presentation. A communication expressing concern
about administrative delay or expressing concern that a proceeding be
resolved expeditiously will be treated as a permissible status inquiry
so long as no reason is given as to why the proceeding should be
expedited other than the need to resolve administrative delay, no view
is expressed as to the merits or outcome of the proceeding, and no view
is expressed as to a date by which the proceeding should be resolved. A
presentation by a party in a restricted proceeding not designated for
hearing requesting action by a particular date or giving reasons that a
proceeding should be expedited other than the need to avoid
administrative delay (and responsive presentations by other parties)
may be made on an ex parte basis subject to the provisions of Sec.
1.1204(a)(11).
(b) Ex parte presentation. Any presentation which:
(1) If written (including electronic submissions transmitted in the
form of texts, such as for internet electronic mail), is not served on
the parties to the proceeding; or
(2) If oral, is made without advance notice to the parties and
without opportunity for them to be present.
(c) Decision-making personnel. Any member, officer, or employee of
the Commission, or, in the case of a Joint Board, its members or their
staffs, who is or may reasonably be expected to be involved in
formulating a decision, rule, or order in a proceeding. Any person who
has been made a party to a proceeding or who otherwise has been
excluded from the decisional process shall not be treated as a
decision-maker with respect to that proceeding. Thus, any person
designated as part of a separate trial staff shall not be considered a
decision-making person in the designated proceeding. Unseparated Bureau
or Office staff shall be considered decision-making personnel with
respect to decisions, rules, and orders in which their Bureau or Office
participates in enacting, preparing, or reviewing. Commission staff
serving as the case manager in a hearing proceeding in which the
Commission is the presiding officer shall be considered decision-making
personnel with respect to that hearing proceeding.
(d) Party. Unless otherwise ordered by the Commission, the
following persons are parties:
(1)(i) In a proceeding not designated for hearing, any person who
files an application, waiver request, petition, motion, request for a
declaratory ruling, or other filing seeking affirmative relief
(including a Freedom of Information Act request), and any person (other
than an individual viewer or listener filing comments regarding a
pending broadcast application or members of Congress or their staffs or
branches of the Federal Government or their staffs) filing a written
submission referencing and regarding such pending filing which is
served on the filer, or, in the case of an application, any person
filing a mutually exclusive application;
(ii) Persons who file mutually exclusive applications for services
that the Commission has announced will be subject to competitive
bidding or lotteries shall not be deemed parties with respect to each
others' applications merely because their applications are mutually
exclusive. Therefore, such applicants may make presentations to the
Commission about their own applications provided that no one has become
a party with respect to their application by other means, e.g., by
filing a petition or other opposition against the applicant or an
associated waiver request, if the petition or opposition has been
served on the applicant.
(iii) Individual listeners or viewers submitting comments regarding
a pending broadcast application pursuant to Sec. 1.1204(a)(8) will not
become parties simply by service of the comments. The Media Bureau may,
in its discretion, make such a commenter a party, if doing so would be
conducive to the Commission's consideration of the application or would
otherwise be appropriate.
(2) Any person who files a complaint or request to revoke a license
or other authorization or for an order to show cause which shows that
the complainant has served it on the subject of the complaint or which
is a formal
[[Page 21435]]
complaint under 47 U.S.C. 208 and Sec. 1.721 or 47 U.S.C. 255 and
either Sec. 6.21 or Sec. 7.21 of this chapter, and the person who is
the subject of such a complaint or request that shows service or is a
formal complaint under 47 U.S.C. 208 and Sec. 1.721 or 47 U.S.C. 255
and either Sec. 6.21 or Sec. 7.21 of this chapter;
(3) The subject of an order to show cause, hearing designation
order, notice of apparent liability, or similar notice or order, or
petition for such notice or order;
(4) In a proceeding designated for hearing, any person who has been
given formal party status; and
(5) In an informal rulemaking proceeding conducted under section
553 of the Administrative Procedure Act (other than a proceeding for
the allotment of a broadcast channel) or a proceeding before a Joint
Board or before the Commission to consider the recommendation of a
Joint Board, members of the general public after the issuance of a
notice of proposed rulemaking or other order as provided under Sec.
1.1206(a)(1) or (2).
(6) To be deemed a party, a person must make the relevant filing
with the Secretary, the relevant Bureau or Office, or the Commission as
a whole. Written submissions made only to the Chairperson or individual
Commissioners will not confer party status.
(7) The fact that a person is deemed a party for purposes of this
subpart does not constitute a determination that such person has
satisfied any other legal or procedural requirements, such as the
operative requirements for petitions to deny or requirements as to
timeliness. Nor does it constitute a determination that such person has
any other procedural rights, such as the right to intervene in hearing
proceedings. The Commission or the staff may also determine in
particular instances that persons who qualify as ``parties'' under this
paragraph (d) should nevertheless not be deemed parties for purposes of
this subpart.
(8) A member of Congress or his or her staff, or other agencies or
branches of the federal government or their staffs will not become a
party by service of a written submission regarding a pending proceeding
that has not been designated for hearing unless the submission
affirmatively seeks and warrants grant of party status.
(e) Matter designated for hearing. Any matter that has been
designated for hearing before a presiding officer.
0
50. Amend Sec. 1.1901 by revising paragraph (c) to read as follows:
Sec. 1.1901 Definitions and construction.
* * * * *
(c) The term agency head means the Chairperson of the Federal
Communications Commission.
* * * * *
0
51. Amend Sec. 1.4000 by revising paragraph (h) to read as follows:
Sec. 1.4000 Restrictions impairing reception of television broadcast
signals, direct broadcast satellite services or multichannel multipoint
distribution services.
* * * * *
(h) All allegations of fact contained in petitions and related
pleadings before the Commission must be supported by affidavit of a
person or persons with actual knowledge thereof. An original and two
copies of all petitions and pleadings should be addressed to the
Secretary at the FCC's main office, located at the address indicated in
47 CFR 0.401(a). Copies of the petitions and related pleadings will be
available for public inspection through the Reference Information
Center.
0
52. Amend Sec. 1.5000 by revising the first two sentences of paragraph
(b) to read as follows:
Sec. 1.5000 Citizenship and filing requirements under section 310(b)
of the Communications Act of 1934, as amended.
* * * * *
(b) Except for petitions involving broadcast stations only, the
petition for declaratory ruling required by paragraph (a) of this
section shall be filed electronically through the International
Communications Filing System (ICFS) or any successor system thereto.
For information on filing a petition through ICFS, see subpart Y of
this part and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. * * *
* * * * *
0
53. Amend Sec. 1.5004 by revising the first and third sentences of
paragraph (c)(2) introductory text and the first and third sentences of
paragraph (d)(2) to read as follows:
Sec. 1.5004 Routine terms and conditions.
* * * * *
(c) * * *
(2) Where a previously unapproved foreign-organized entity is
inserted into the vertical ownership chain of a licensee, or its
controlling U.S.-organized parent, without prior Commission approval
pursuant to paragraph (c)(1) of this section, the licensee shall file a
letter to the attention of the Chief, Office of International Affairs,
within 30 days after the insertion of the new, foreign-organized
entity. * * * The letter must also reference the licensee's foreign
ownership ruling(s) by ICFS File No. and FCC Record citation, if
available. * * *
* * * * *
(d) * * *
(2) Where a previously unapproved foreign-organized entity is
inserted into the vertical ownership chain of a licensee, or its
controlling U.S.-organized parent, without prior Commission approval
pursuant to paragraph (d)(1) of this section, the licensee shall file a
letter to the attention of the Chief, Office of International Affairs,
within 30 days after the insertion of the new, foreign-organized
entity; or in the case of a broadcast licensee, the licensee shall file
a letter to the attention of the Chief, Media Bureau, within 30 days
after the insertion of the new, foreign-organized entity. * * * The
letter must also reference the licensee's foreign ownership ruling(s)
by ICFS File No. and FCC Record citation, if available; or, if a
broadcast licensee, the letter must reference the licensee's foreign
ownership ruling(s) by CDBS File No., Docket No., call sign(s),
facility identification number(s), and FCC Record citation, if
available. * * *
* * * * *
0
54. Amend Sec. 1.7001 by revising paragraph (d)(4) introductory text
to read as follows:
Sec. 1.7001 Scope and content of filed reports.
* * * * *
(d) * * *
(4) The Commission shall make all decisions regarding non-
disclosure of provider-specific information, except that the Chiefs of
the Office of International Affairs, Space Bureau, Wireless
Telecommunications Bureau, Wireline Competition Bureau, or Office of
Economics and Analytics may release provider-specific information to:
* * * * *
0
55. Revise Sec. 1.7003 to read as follows:
Sec. 1.7003 Authority to update FCC Form 477.
The Office of International Affairs, Space Bureau, Wireless
Telecommunications Bureau, Wireline Competition Bureau, and Office of
Economics and Analytics may update the specific content of data to be
submitted on FCC Form 477 as necessary to reflect changes over time in
transmission technologies, spectrum usage, Geographical Information
Systems (GIS) and other data storage and processing functionalities,
and other related matters; and may implement any technical improvements
[[Page 21436]]
or other clarifications to the filing mechanism and forms.
0
56. Revise Sec. 1.7010 to read as follows:
Sec. 1.7010 Authority to update the Digital Opportunity Data
Collection.
The Office of International Affairs, Space Bureau, Wireless
Telecommunications Bureau, Wireline Competition Bureau, and Office of
Economics and Analytics may update the specific format of data to be
submitted pursuant to the Digital Opportunity Data Collection to
reflect changes over time in Geographical Information Systems (GIS) and
other data storage and processing functionalities and may implement any
technical improvements or other clarifications to the filing mechanism
and forms.
0
57. Revise the heading for subpart Y to read as follows:
Subpart Y--International Communications Filing System
* * * * *
0
58. Amend Sec. 1.10000 by revising the section heading and paragraph
(b) to read as follows:
Sec. 1.10000 What is the purpose of the requirements related to the
International Communications Filing System?
* * * * *
(b) This subpart describes procedures for electronic filing of
International and Satellite Services applications using the
International Communications Filing System.
* * * * *
0
59. Revise Sec. 1.10001 to read as follows:
Sec. 1.10001 Definitions.
All other applications. We consider all other applications
officially filed once you file the application in the International
Communications Filing System (ICFS) and applicable filing fees are
received and approved by the FCC, unless the application is determined
to be fee-exempt. We determine your official filing date based on one
of the following situations:
(1)(i) You file your Satellite Space Station Application or your
Application for Earth Stations to Access a Non-U.S. Satellite Not
Currently Authorized to provide the Proposed Service in the Proposed
Frequencies in the United States in ICFS.
(ii) Your official filing date is the date and time (to the
millisecond) you file your application and receive a confirmation of
filing and submission ID.
(2) You file all other applications in ICFS and then do one of the
following:
(i)(A) Pay by online Automatic Clearing House (ACH) payment, online
Visa, MasterCard, American Express, or Discover credit card payment, or
wire transfer payment denominated in U.S. dollars and drawn on a United
States financial institution and made payable to the Federal
Communications Commission (through ICFS)
(B) Your official filing date is the date your online payment is
approved. (Note: You will receive a remittance ID and an authorization
number if your transaction is successful).
(ii)(A) Determine your application type is fee-exempt or your
application qualifies for exemption to charges as provided in this part
(B) Your official filing date is the date you file in ICFS and
receive a confirmation of filing and submission ID.
Application. A request for an earth or space station radio station
license, an international cable landing license, or an international
service authorization, or a request to amend a pending application or
to modify or renew licenses or authorizations. The term also includes
the other requests that may be filed in ICFS such as transfers of
control and assignments of license applications, earth station
registrations, and foreign carrier affiliation notifications.
Authorizations. Generally, a written document or oral statement
issued by us giving authority to operate or provide service.
International Communications Filing System. The International
Communications Filing System (ICFS) is a database, application filing
system, and processing system for all International and Satellite
services. ICFS supports electronic filing of many applications and
related documents in the Space Bureau and Office of International
Affairs, and provides public access to this information.
International services. All international services authorized under
this part and parts 63 and 64 of this chapter.
Satellite services. All satellite services authorized under part 25
of this chapter.
Satellite Space Station Applications (other than DBS and DARS) and
Applications for Earth Stations to Access a Non-U.S. Satellite Not
Currently Authorized to Provide the Proposed Service in the Proposed
Frequencies in the United States. We consider a Satellite Space Station
application (other than DBS and DARS) and an Application for an Earth
Station to Access a Non-U.S. Satellite Not Currently Authorized to
Provide the Proposed Service in the Proposed Frequencies in the United
States officially filed the moment you file them through ICFS. The
system tracks the date and time of filing (to the millisecond). For
purposes of the queue discussed in Sec. 25.158 of this chapter, we
will base the order of the applications in the queue on the date and
time the applications are filed, rather than the ``Official Filing
Date'' as defined here.
Submission ID. The Submission ID is the confirmation number you
receive from ICFS once you have successfully filed your application. It
is also the number we use to match your filing to your payment.
Us. In this subpart, ``us'' refers to the Commission.
We. In this subpart, ``we'' refers to the Commission.
You. In this subpart, ``you'' refers to applicants, licensees, your
representatives, or other entities authorized to provide services.
0
60. Revise Sec. 1.10005 to read as follows:
Sec. 1.10005 What is ICFS?
(a) The International Communications Filing System (ICFS) is a
database, application filing system, and processing system for all
International and Satellite Services. ICFS supports electronic filing
of many applications and related documents in the Space Bureau and
Office of International Affairs, and provides public access to this
information.
(b) We maintain applications, notifications, correspondence, and
other materials filed electronically with the Space Bureau and Office
of International Affairs in IICFS.
0
61. Revise Sec. 1.10006 to read as follows:
Sec. 1.10006 Is electronic filing mandatory?
Electronic filing is mandatory for all applications for
international and satellite services for which an International
Communications Filing System (ICFS) form is available. Applications for
which an electronic form is not available must be filed through the
Electronic Comment Filing System (ECFS) in PDF format until new forms
are introduced. See Sec. Sec. 63.20 and 63.53 of this chapter. As each
new ICFS form becomes available for electronic filing, the Commission
will issue a public notice announcing the availability of the new form
and the effective date of mandatory filing for this particular type of
filing. As each new form becomes effective, manual filings will not be
accepted by the Commission and the filings will be returned to the
applicant without processing. Mandatory electronic filing requirements
for applications for
[[Page 21437]]
international and satellite services are set forth in this part and
parts 25, 63, and 64 of this chapter. A list of forms that are
available for electronic filing can be found on the ICFS homepage. For
information on electronic filing requirements, see Sec. Sec. 1.1000
through 1.10018 and the ICFS homepage at <a href="https://licensing.fcc.gov/icfs">https://licensing.fcc.gov/icfs</a>.
0
62. Amend Sec. 1.10007 by revising paragraph (a) to read as follows:
Sec. 1.10007 What applications can I file electronically?
(a) For a complete list of applications or notifications that must
be filed electronically, log in to the ICFS website at <a href="http://licensing.fcc.gov/icfs">http://licensing.fcc.gov/icfs</a>.
* * * * *
0
63. Amend Sec. 1.10008 by revising the section heading to read as
follows:
Sec. 1.10008 What are ICFS file numbers?
* * * * *
0
64. Amend Sec. 1.10009 by revising paragraphs (a)(2), (a)(3)(v), and
(a)(4), the paragraph (b) heading, paragraphs (b)(1) and (2) and (4)
and (5), (c) introductory text, (c)(2)(i), (d), (e)(1)(iii), (e)(2),
(e)(3)(i), and (e)(4) and (5) to read as follows:
Sec. 1.10009 What are the steps for electronic filing?
* * * * *
(a) * * *
(2) In order to process your electronic application, you must have
an FRN. You may obtain an FRN either directly from the Commission
Registration System (CORES) at <a href="https://www.fcc.gov/licensing-databases/online-filing">https://www.fcc.gov/licensing-databases/online-filing</a>, or through ICFS as part of your filing process. If you
need to know more about who needs an FRN, visit CORES at <a href="https://www.fcc.gov/licensing-databases/online-filing">https://www.fcc.gov/licensing-databases/online-filing</a>.
* * * * *
(3) * * *
(v) Payer, you are required to have and use an FRN when filing
applications and/or paying fees through ICFS.
(4) We use your FRN to give you secured access to ICFS and to pre-
fill the application you file.
(b) Step 2: Register with ICFS. (1) If you are already registered
with ICFS, go to Step 3.
(2) In order to complete and file your electronic application, you
must register in ICFS, located at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>.
* * * * *
(4) ICFS will issue you an account number as part of the
registration process. You will create your own password.
(5) If you forget your password, send an email to the ICFS helpline
at <a href="/cdn-cgi/l/email-protection#68010b0e1b01060e07280e0b0b460f071e"><span class="__cf_email__" data-cfemail="92fbf1f4e1fbfcf4fdd2f4f1f1bcf5fde4">[email protected]</span></a> or contact the helpline at (202) 418-2222 for
assistance.
(c) Step 3: Log into ICFS, select the application you want to file,
provide the required FRN(s) and password(s) and fill out your
application. You must completely fill out forms and provide all
requested information as provided in parts 1, 25, 63, and 64 of this
chapter.
* * * * *
(2) * * *
(i) The referenced information is filed in ICFS.
* * * * *
(d) Step 4: File your application. If you file your application
successfully through ICFS, a confirmation screen will appear showing
you the date and time of your filing and your submission ID. Print this
verification for your records as proof of online filing.
(e) * * *
(1) * * *
(iii) You can run a draft electronic submission of payment online
form through ICFS, in association with a filed application, and the
system will automatically enter your required fee on the form.
(2)(i) A complete FCC electronic submission of payment online form
must accompany all fee payments. You must provide the FRN for both the
applicant and the payer. You also must include your submission ID
number on the electronic submission of payment online form in the box
labeled ``FCC Code 2.'' In addition, for applications for transfer of
control or assignment of license, call signs involved in the
transaction must be entered into the ``FCC Code 1'' box on the FCC
electronic submission of payment online form. (This may require the use
of multiple rows on the electronic submission of payment online form
for a single application where more than one call sign is involved.)
(ii) You can generate a pre-filled FCC electronic submission of
payment online form from ICFS using your IB submission ID. For specific
instructions on using ICFS to generate your FCC electronic submission
of payment online form, go to the ICFS website (<a href="http://licensing.fcc.gov/icfs">http://licensing.fcc.gov/icfs</a>) and click on the ``Getting Started'' button.
(3) * * *
(i) Pay by credit card (through ICFS);
* * * * *
(4) You must electronically submit payment o within fourteen (14)
calendar days of the date that you file your application in ICFS. If
not, we will dismiss your application.
(5) For more information on fee payments, refer to Payment
Instructions found on the ICFS internet site at <a href="http://licensing.fcc.gov/icfs">http://licensing.fcc.gov/icfs</a>, under the Using ICFS link.
0
65. Revise Sec. 1.10010 to read as follows:
Sec. 1.10010 Do I need to send paper copies with my electronic
applications?
When you file electronically through ICFS, the electronic record is
the official record. You do not need to submit paper copies of your
application.
0
66. Amend Sec. 1.10011 by revising paragraph (a) to read as follows:
Sec. 1.10011 Who may sign applications?
(a) The Commission only accepts electronic applications. An
electronic application is ``signed'' when there is an electronic
signature. An electronic signature is the typed name of the person
``signing'' the application, which is then electronically transmitted
via ICFS.
* * * * *
0
67. Revise Sec. 1.10012 to read as follows:
Sec. 1.10012 When can I file on ICFS?
ICFS is available 24 hours a day, seven (7) days a week for filing.
0
68. Revise Sec. 1.10013 to read as follows:
Sec. 1.10013 How do I check the status of my application after I file
it?
You can check the status of your application through the ``Search
Tools'' on the ICFS homepage. The ICFS homepage is located at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>.
0
69. Amend Sec. 1.10014 by:
0
a. Revising paragraph (a), the second sentence of paragraph (e), the
second sentence of paragraph (g), and the second sentence of paragraph
(h) introductory text; and
0
b. In the table in paragraph (h):
0
i. Under the heading ``International Telecommunications--Section 214'',
revising entry 1; and
0
ii. Under the heading ``Submarine Cable Landing License Application'',
revising entry 1.
The revisions read as follows:
Sec. 1.10014 What happens after officially filing my application?
(a) We give you an ICFS file number.
* * * * *
(e) * * * Grants, denials and any other necessary actions are noted
in the ICFS database. * * *
* * * * *
(g) * * * In all cases, the action dates are available online
through the ICFS system.
(h) * * * Not all applications handled through ICFS and granted by
[[Page 21438]]
the Commission result in the issuance of a paper license or
authorization. * * *
------------------------------------------------------------------------
Type of license/authorization
Type of application issued
------------------------------------------------------------------------
* * * * * * *
International Telecommunications--
Section 214:
1. Streamlined (New, Transfer of 1. Action Taken Public Notice
Control, Assignment). serves as the authorization
document. This notice is
issued weekly and is available
online both at IBFS (<a href="http://www.fcc.gov/icfs">http://www.fcc.gov/icfs</a>) and the
Electronic Document Management
System (EDOCS) (<a href="http://www.fcc.gov/edocs">http://www.fcc.gov/edocs</a>).
* * * * * * *
Submarine Cable Landing License
Application:
1. Streamlined (New, Transfer of 1. Action Taken Public Notice
Control, Assignment). serves as the authorization
document. This notice is
issued weekly and is available
online both at IBFS, which can
be found at <a href="http://www.fcc.gov/icfs">http://www.fcc.gov/icfs</a> icfs, and the Electronic
Document Management System
(EDOCS), which can be found at
<a href="http://www.fcc.gov/edocs">http://www.fcc.gov/edocs</a>.
* * * * * * *
------------------------------------------------------------------------
0
70. Amend Sec. 1.10016 by revising paragraph (a) to read as follows:
Sec. 1.10016 How do I apply for special temporary authority?
(a) Requests for Special Temporary Authority (STA) may be filed via
ICFS for most services. We encourage you to file STA applications
through ICFS as it will ensure faster receipt of your request.
* * * * *
0
71. Revise Sec. 1.10017 to read as follows:
Sec. 1.10017 How can I submit additional information?
In response to an official request for information from the Space
Bureau and Office of International Affairs, you can submit additional
information electronically directly to the requestor, or by mail to the
Office of the Secretary, Attention: Space Bureau, or Office of
International Affairs, as appropriate.
0
72. Amend Sec. 1.10018 by revising paragraph (b) to read as follows:
Sec. 1.10018 May I amend my application?
* * * * *
(b) If an electronic version of an amendment application is
available in ICFS, you may file your amendment electronically through
ICFS.
0
73. Amend appendix A to part 1:
0
a. Under the section entitled ``procedure governing joint hearings,''
by:
0
i. Designating the text of paragraph (d) as paragraph (d)(1) and the
undesignated paragraph that follows as paragraph (d)(2); and
0
ii. Revising newly designated paragraph (d)(2) and the first sentence
in paragraph (e);
0
b. Under the section entitled ``tenure of cooperators'', by revising
paragraph (d); and
0
c. By revising the last sentence in the section entitled ``construction
hereof in certain respects expressly provided''.
The revisions read as follows:
Appendix A to Part 1--A Plan of Cooperative Procedure in Matters and
Cases Under the Provisions of Section 410 of the Communications Act of
1934.
* * * * *
Procedure Governing Joint Hearings
* * * * *
(d) * * *
(2) The president of the association shall have the authority to
accept or to decline said invitation for the association, and to
determine the number of commissioners who shall be named on the
cooperating committee, provided that his action shall be concurred
in by the chairperson of the association's executive committee. In
the event of any failure of the president of the association and
chairperson of its executive committee to agree, the second vice
president of the association (or the chairperson of its committee on
cooperation between State and Federal commissions, if there shall be
no second vice president) shall be consulted, and the majority
opinion of the three shall prevail. Consultations and expressions of
opinion may be by mail or telegraph.
(e) If any proceeding, involving more than eight States, is
pending before the Federal Commission, in which cooperation has not
been invited by that Commission, which the association's president
and the first and second vice presidents, or any two of them,
consider should be made a cooperating proceeding, they may instruct
the general solicitor to suggest to the Federal Commission that the
proceeding be made a cooperative proceeding; and any State
commission considering that said proceeding should be made
cooperative may request the president of the association or the
chairperson of its executive committee to make such suggestion after
consideration with the executive officers above named. * * *
* * * * *
Tenure of Cooperators
* * * * *
(d) Should a vacancy occur upon any cooperating committee, in a
proceeding involving more than eight States, by reason of the death
of any cooperating commissioner, or of his ceasing to be a State
commissioner, or of other inability to serve, it shall be the duty
of the president of the association to fill the vacancy by
appointment, if, after communication with the chairperson of the
cooperating committee, it be deemed necessary to fill such vacancy.
* * * * *
Construction Hereof in Certain Respect Expressly Provided
* * * With respect to any such State or States, all negotiations
herein specified to be carried on between the Federal Commission and
any officer of such association shall be conducted by the Federal
Commission directly with the chairperson of the commission of such
State or States.
PART 19--EMPLOYEE RESPONSIBILITIES AND CONDUCT
0
74. The authority citation for part 19 continues to read as follows:
Authority: 5 U.S.C. 7301; 47 U.S.C. 154 (b), (i), (j), and
303(r), unless otherwise noted.
0
75. Amend Sec. 19.735-104 by revising paragraphs (a), (b)(2)((i)(B),
(b)(2)(ii), (c)(2)(i)(B), and (c)(2)(ii) to read as follows:
Sec. 19.735-104 Delegations.
(a) The Commission has delegated to the Chairperson responsibility
for the detection and prevention of acts, short of criminal violations,
which could
[[Page 21439]]
bring discredit upon the Commission and the Federal service.
(b) * * *
(2)(i) * * *
(B) In the case of Heads of Offices and Bureaus, to the
Chairperson; and
* * * * *
(ii) An official (other than the Chairperson or another
Commissioner) to whom a request for approval under 18 U.S.C. 205(e) is
submitted shall forward it to the Designated Agency Ethics Official
with the official's recommendation as to whether the request should be
granted.
* * * * *
(c) * * *
(2)(i) * * *
(B) In the case of Heads of Offices and Bureaus, to the
Chairperson; and
* * * * *
(ii) An official (other than the Chairperson or another
Commissioner) to whom a waiver request is submitted shall forward it to
the Designated Agency Ethics Official with the official's
recommendation as to whether the waiver should be granted.
* * * * *
0
76. Amend Sec. 19.735-107 by revising paragraph (b), the fifth
sentence of paragraph (c), the second sentence of paragraph (d)
introductory text, paragraph (d)(3)(i), the first sentence of paragraph
(d)(3)(iii), and paragraphs (d)(3)(iv) and (d)(3)(v)(A) introductory
text to read as follows:
Sec. 19.735-107 Disciplinary and other remedial action.
* * * * *
(b) The Chairperson will designate an officer or employee of the
Commission who will promptly investigate all incidents or situations in
which it appears that employees may have engaged in improper conduct.
Such investigation will be initiated in all cases where complaints are
brought to the attention of the Chairperson, including: Adverse comment
appearing in publications; complaints from members of Congress, private
citizens, organizations, other government employees or agencies; and
formal complaints referred to the Chairperson by the Designated Agency
Ethics Official.
(c) * * * Should the Inspector General choose to conduct the
investigation, he will promptly notify the Chairperson. * * *
(d) * * * When, after consideration of the employee's explanation,
the Chairperson decides that remedial action is required, he or she
shall take remedial action. * * *
(3) * * *
(i) When investigation reveals that the charges are groundless, the
person designated by the Chairperson to assist in administration of the
program may give a letter of clearance to the employee concerned, and
the case will not be recorded in his or her Official Personnel Folder;
* * * * *
(iii) If the case administrator considers the problem to be of
sufficient importance, he or she may call it to the attention of the
Chairperson, who in turn may notify the employee of the seriousness of
his or her act and warn him of the consequences of a repetition. * * *
(iv) The Chairperson may, when in his or her opinion circumstances
warrant, establish a special review board to investigate the facts in a
case and to make a full report thereon, including recommended action;
or
(v)(A) If the Chairperson decides that formal disciplinary action
should be taken, he or she may prepare for Commission consideration a
statement of facts and recommend one of the following:
* * * * *
0
77. Amend Sec. 19.735-203 by revising paragraphs (a) introductory text
and (b) to read as follows:
Sec. 19.735-203 Nonpublic information.
(a) Except as authorized in writing by the Chairperson pursuant to
paragraph (b) of this section, or otherwise as authorized by the
Commission or its rules, nonpublic information shall not be disclosed,
directly or indirectly, to any person outside the Commission. Such
information includes, but is not limited to, the following:
* * * * *
(b) An employee engaged in outside teaching, lecturing, or writing
shall not use nonpublic information obtained as a result of his or her
government employment in connection with such teaching, lecturing, or
writing except when the Chairperson gives written authorization for the
use of that nonpublic information on the basis that its use is in the
public interest.
* * * * *
PART 20--COMMERCIAL MOBILE SERVICES
0
78. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 155, 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, 615a, 615b, and 615c, unless
otherwise noted.
0
79. Amend Sec. 20.19 by revising paragraph (l) introductory text to
read as follows:
Sec. 20.19 Hearing aid-compatible mobile handsets.
* * * * *
(l) Incorporation by reference. The standards required in this
section are incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the Federal Communications
Commission (FCC) and the National Archives and Records Administration
(NARA). Contact the FCC through the Federal Communications Commission's
Reference Information Center, phone: (202) 418-0270. For information on
the availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#88eefaa6e1e6fbf8edebfce1e7e6c8e6e9fae9a6efe7fe"><span class="__cf_email__" data-cfemail="cdabbfe3a4a3bebda8aeb9a4a2a38da3acbface3aaa2bb">[email protected]</span></a>. The material may be obtained from the following
sources in this paragraph (l):
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
80. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319,
332, 605, and 721, unless otherwise noted.
0
81. Amend Sec. 25.108 by revising paragraph (a) and adding paragraphs
(c)(10) and (d) to read as follows:
Sec. 25.108 Incorporation by reference.
(a) 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. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#365044185f5845465355425f5958765857445718515940"><span class="__cf_email__" data-cfemail="a6c0d488cfc8d5d6c3c5d2cfc9c8e6c8c7d4c788c1c9d0">[email protected]</span></a> or go to. The material
may be obtained from the sources in the following paragraphs of this
section.
* * * * *
(c) * * *
(10) Recommendation ITU-R M.1186 ``Technical Considerations for the
Coordination Between Mobile Satellite Service (MSS) Networks Utilizing
Code
[[Page 21440]]
Division Multiple Access (CDMA) and Other Spread Spectrum Techniques in
the 1-3 GHz Band'' (1995). Incorporation by reference approved for
Sec. 25.254(c).
(d) Radio Technical Commission for Maritime Services (RTCM). 1611
N. Kent St., Suite 605, Arlington, VA 22209; email: <a href="/cdn-cgi/l/email-protection#7e171018113e0c0a1d1350110c19"><span class="__cf_email__" data-cfemail="e28b8c848da29096818fcc8d9085">[email protected]</span></a>;
website: <a href="http://www.rtcm.org">www.rtcm.org</a>.
(1) RTCM 12800.0, ``Satellite Emergency Notification Devices
(SENDs),'' dated August 1, 2011. Incorporation by reference approved
for Sec. 25.301.
(2) [Reserved]
0
82. Amend Sec. 25.110 by revising paragraphs (a) and (d) to read as
follows:
Sec. 25.110 Filing of applications, fees, and number of copies.
(a) Filing. Applications may be filed by going online at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a> and submitting the application through the
International Communications Filing System (ICFS).
* * * * *
(d) Copies. Applications must be filed electronically though ICFS.
The Commission will not accept any paper version of any application.
* * * * *
0
83. Amend Sec. 25.111 by revising the second sentence of paragraph (d)
to read as follows:
Sec. 25.111 Additional information, ITU filings, and ITU cost
recovery.
* * * * *
(d) * * * Applicants and licensees must file the declaration
electronically in the application file in the International
Communications Filing System (ICFS). * * *
* * * * *
0
84. Amend Sec. 25.113 by revising the fifth sentence of paragraph (b)
to read as follows:
Sec. 25.113 Station construction, deployment approval, and operation
of spare satellites.
* * * * *
(b) * * * This notification must be filed electronically in the
appropriate file in the International Communications Filing System
database. * * *
* * * * *
0
85. Amend Sec. 25.115 by revising the last sentence of paragraph (b)
introductory text to read as follows:
Sec. 25.115 Applications for earth station authorizations.
* * * * *
(b) * * * Such applications must be filed electronically through
the International Communications Filing System (ICFS) in accordance
with the applicable provisions of part 1, subpart Y, of this chapter.
* * * * *
0
86. Amend Sec. 25.116 by revising the first sentence of paragraph (e)
to read as follows:
Sec. 25.116 Amendments to applications.
* * * * *
(e) Any amendment to an application shall be filed electronically
through the International Communications Filing System (ICFS) in
accordance with the applicable provisions of part 1, subpart Y of this
chapter. * * *
0
87. Amend Sec. 25.117 by revising paragraph (b) to read as follows:
Sec. 25.117 Modification of station license.
* * * * *
(b) Both earth station and space station modification applications
must be filed electronically through the International Communications
Filing System (ICFS) in accordance with the applicable provisions of
part 1, subpart Y, of this chapter.
* * * * *
0
88. Amend Sec. 25.118 by revising the second sentence of paragraph (a)
introductory text, the second sentence of paragraph (e) introductory
text, and the first sentence of paragraph (f) introductory text to read
as follows:
Sec. 25.118 Modifications not requiring prior authorization.
* * * * *
(a) * * * The notification must be filed electronically through the
International Communications Filing System (ICFS) in accordance with
the applicable provisions of part 1, subpart Y of this chapter.
* * * * *
(e) * * * The notification must be filed electronically on FCC Form
312 through the International Communications Filing System (ICFS) in
accordance with the applicable provisions of part 1, subpart Y of this
chapter:
* * * * *
(f) * * * A licensee may reposition NGSO space stations within an
authorized orbital plane without prior Commission approval, provided
the licensee notifies the Commission of the repositioning 10 days in
advance by electronic filing on Form 312 in the International
Communications Filing System. * * *
* * * * *
0
89. Amend Sec. 25.119 by revising the second sentence of paragraph (c)
and the second sentence of paragraph (d) to read as follows:
Sec. 25.119 Assignment or transfer of control of station
authorization.
* * * * *
(c) * * * You must file these forms electronically through ICFS.
(d) * * * You must file these forms electronically through ICFS. *
* *
* * * * *
0
90. Amend Sec. 25.136 by revising the last sentence of paragraph (h)
to read as follows:
Sec. 25.136 Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz,
37.5-40 GHz, 47.2-48.2, GHz and 50.4-51.4 GHz bands.
* * * * *
(h) * * * A re-coordination notice must be filed in ICFS before
commencement of earth station operations.
0
91. Amend Sec. 25.137 by revising the first sentence of paragraph (b)
to read as follows:
Sec. 25.137 Requests for U.S. market access through non-U.S.-licensed
space stations.
* * * * *
(b) Any request pursuant to paragraph (a) of this section must be
filed electronically through the International Communications Filing
System and must include an exhibit providing legal and technical
information for the non-U.S.-licensed space station of the kind that
Sec. 25.114, Sec. 25.122, or Sec. 25.123 would require in a license
application for that space station, including but not limited to,
information required to complete Schedule S. * * *
* * * * *
0
92. Amend Sec. 25.138 by revising paragraphs (b) and (c)(2) to read as
follows:
Sec. 25.138 Earth Stations in the 3.7-4.2 GHz band.
* * * * *
(b) Applications for new earth station licenses or registrations
within CONUS in the 4.0-4.2 GHz portion of the band will not be
accepted until the transition is completed and upon announcement by the
Space Bureau via Public Notice that applications may be filed.
(c) * * *
(2) Were licensed or registered (or had a pending application for
license or registration) in the ICFS database on November 7, 2018; and
* * * * *
0
93. Amend Sec. 25.154 by revising paragraphs (a)(3), (c), (d), and the
second sentence of paragraph (e) to read as follows:
Sec. 25.154 Opposition to applications and other pleadings.
* * * * *
(a) * * *
[[Page 21441]]
(3) Filed in accordance with the pleading limitations, periods and
other applicable provisions of Sec. Sec. 1.41 through 1.52 of this
chapter, except that such petitions must be filed electronically
through the International Communications Filing System (ICFS) in
accordance with the applicable provisions of part 1, subpart Y, of this
chapter;
* * * * *
(c) Except for opposition to petitions to deny an application filed
pursuant to Sec. 25.220, oppositions to petitions to deny an
application or responses to comments and informal objections regarding
an application may be filed within 10 days after the petition, comment,
or objection is filed and must be in accordance with other applicable
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that
such oppositions must be filed electronically through the International
Communications Filing System (ICFS) in accordance with the applicable
provisions of part 1, subpart Y, of this chapter.
(d) Reply comments by a party that filed a petition to deny may be
filed in response to pleadings filed pursuant to paragraph (c) or (e)
of this section within 5 days after expiration of the time for filing
oppositions unless the Commission extends the filing deadline and must
be in accordance with other applicable provisions of Sec. Sec. 1.41
through 1.52 of this chapter, except that such reply comments must be
filed electronically through the International Communications Filing
System (ICFS) in accordance with the applicable provisions of part 1,
subpart Y, of this chapter.
(e) * * * This statement and any conjoined opposition must be in
accordance with the provisions of Sec. Sec. 1.41 through 1.52 of this
chapter applicable to oppositions to petitions to deny, except that
such reply comments must be filed electronically through the
International Communications Filing System (ICFS) in accordance with
the applicable provisions of part 1, subpart Y, of this chapter.
0
94. Amend Sec. 25.171 by revising paragraph (c) to read as follows:
Sec. 25.171 Space station point of contact reporting requirements.
* * * * *
(c) Electronic filing. Filings under paragraph (a) or (b) of this
section must be made electronically in the Commission's International
Communications Filing System (ICFS) in the ``Other Filings'' tab of the
station's current authorization file.
0
95. Amend Sec. 25.172 by revising the first sentence of paragraph (b)
to read as follows:
Sec. 25.172 Requirements for reporting space station control
arrangements.
* * * * *
(b) The information required by paragraph (a) of this section must
be filed electronically in the Commission's International
Communications Filing System (ICFS), in the ``Other Filings'' tab of
the space station's current authorization file. * * *
0
96. Amend Sec. 25.228 by revising the second sentence of paragraph
(h)(5), the second through seventh sentences of paragraph (j)(1), the
third and fourth sentences of paragraph (j)(3) introductory text, and
the first four sentences of paragraph (j)(4) to read as follows:
Sec. 25.228 Operating and coordination requirements for earth
stations in motion (ESIMs).
* * * * *
(h) * * *
(5) * * * The coordination method and the interference criteria
objective will be determined by the frequency coordinator. The details
of the coordination must be maintained and available at the frequency
coordinator, and must be filed with the Commission electronically via
the International Communications Filing System (<a href="http://licensing.fcc.gov/icfs/">http://licensing.fcc.gov/icfs/</a>) to be placed on public notice. * * *
* * * * *
(j) * * *
(1) * * * Licensees must notify the Space Bureau once they have
completed coordination. Upon receipt of such notification from a
licensee, the Space Bureau will issue a public notice stating that the
licensee may commence operations within the coordination zone in 30
days if no party has opposed the operations. When NTIA seeks to provide
similar protection to future TDRSS sites that have been coordinated
through the IRAC Frequency Assignment Subcommittee process, NTIA will
notify the Commission's Space Bureau that the site is nearing
operational status. Upon public notice from the Space Bureau, all Ku-
band ESIM licensees must cease operations in the 14.0-14.2 GHz band
within 125 km (for ESVs and VMESs) or within radio line of sight (for
ESAAs) of the new TDRSS site until the licensees complete coordination
with NTIA/IRAC for the new TDRSS facility. Licensees must notify the
Space Bureau once they have completed coordination for the new TDRSS
site. Upon receipt of such notification from a licensee, the Space
Bureau will issue a public notice stating that the licensee may
commence operations within the coordination zone in 30 days if no party
has opposed the operations. * * *
* * * * *
(3) * * * Licensees must notify the Space Bureau once they have
completed coordination. Upon receipt of the coordination agreement from
a licensee, the Space Bureau will issue a public notice stating that
the licensee may commence operations within the coordination zone in 30
days if no party has opposed the operations. * * *
(4) When NTIA seeks to provide similar protection to future RAS
sites that have been coordinated through the IRAC Frequency Assignment
Subcommittee process, NTIA will notify the Commission's Space Bureau
that the site is nearing operational status. Upon public notice from
the Space Bureau, all Ku-band ESIMs licensees must cease operations in
the 14.47-14.5 GHz band within the relevant geographic zone (160 kms
for single-dish radio observatories and Very Large Array antenna
systems and 50 kms for Very Long Baseline Array antenna systems for
ESVs and VMESs, radio line of sight for ESAAs) of the new RAS site
until the licensees complete coordination for the new RAS facility.
Licensees must notify the Space Bureau once they have completed
coordination for the new RAS site and must submit the coordination
agreement to the Commission. Upon receipt of such notification from a
licensee, the Space Bureau will issue a public notice stating that the
licensee may commence operations within the coordination zone in 30
days if no party opposed the operations. * * *
* * * * *
0
97. Amend Sec. 25.254 by revising paragraph (c) to read as follows:
Sec. 25.254 Special requirements for ancillary terrestrial components
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
* * * * *
(c) Applicants for an ancillary terrestrial component to be used in
conjunction with a Mobile-Satellite Service system using CDMA
technology shall coordinate the use of the 1.6/2.4 GHz Mobile-Satellite
Service spectrum designated for CDMA systems using the framework
established by the ITU in Recommendation ITU-R M.1186 (incorporated by
reference, see Sec. 25.108).
* * * * *
0
98. Amend Sec. 25.263 by revising the fourth sentence of paragraph (e)
to read as follows:
[[Page 21442]]
Sec. 25.263 Information sharing requirements for SDARS terrestrial
repeater operators.
* * * * *
(e) * * * If the licensees are unable to do so, the Space Bureau,
in consultation with the Office of Engineering and Technology and the
Wireless Telecommunications Bureau, will consider the actions taken by
the parties to mitigate the risk of and remedy any alleged
interference. * * *
0
99. Amend Sec. 25.271 by revising the second sentence of paragraph (f)
to read as follows:
Sec. 25.271 Control of transmitting stations.
* * * * *
(f) * * * The updated information must be filed electronically in
the ``Other Filings'' tab of the station's current authorization file
in the International Communications Filing System.
* * * * *
0
100. Revise Sec. 25.301 to read as follows:
Sec. 25.301 Satellite Emergency Notification Devices (SENDs).
No device described by the marketer or seller using the terms
``SEND'' or ``Satellite Emergency Notification Device'' may be marketed
or sold in the United States unless it complies with the requirements
of RTCM 12800.0 (incorporated by reference, see Sec. 25.108).
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
101. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
102. Amend Sec. 27.6 by revising paragraph (c)(3) introductory text to
read as follows:
Sec. 27.6 Service areas.
* * * * *
(c) * * *
(3) Service areas for Block D in the 716-722 MHz band are based on
Economic Area Groupings (EAGs) as defined by the Federal Communications
Commission. See 62 FR 15978 (April 3, 1997) extended with the Gulf of
Mexico. See also paragraphs (a)(1) and (2) of this section and 62 FR
9636 (March 3, 1997), in which the Commission created an additional
four economic area-like areas for a total of 176. Maps of the EAGs and
the Federal Register Notice that established the 172 Economic Areas
(EAs) are available for public inspection through the Federal
Communications Commission's Reference Information Center. These maps
and data are also available on the FCC website at <a href="https://www.fcc.gov/oet/info/maps/areas/">https://www.fcc.gov/oet/info/maps/areas/</a>.
* * * * *
0
103. Amend Sec. 27.72 by revising the fifth sentence of paragraph (e)
to read as follows:
Sec. 27.72 Information sharing requirements.
* * * * *
(e) * * * If the licensees are unable to do so, the Wireless
Telecommunications Bureau, in consultation with the Office of
Engineering and Technology and the Space Bureau, will consider the
actions taken by the parties to mitigate the risk of and remedy any
alleged interference. * * *
0
104. Amend Sec. 27.73 by revising the last four sentences of paragraph
(a) to read as follows:
Sec. 27.73 WCS, AMT, and Goldstone coordination requirements.
* * * * *
(a) * * * ITU-R M.1459 is incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference
(IBR) material is available for inspection at the FCC and at the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#fb9d89d59295888b9e988f929495bb959a899ad59c948d"><span class="__cf_email__" data-cfemail="c4a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2">[email protected]</span></a>. The material may be
obtained from ITU, Place des Nations, 1211 Geneva 20, Switzerland;
website: <a href="http://www.itu.int/en/publications/Pages/default.aspx">www.itu.int/en/publications/Pages/default.aspx</a>.
* * * * *
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF
INTERNATIONAL SERVICES AND CERTAIN AFFILIATES
0
105. The authority citation for part 43 continues to read as follows:
Authority: 47 U.S.C. 35-39, 154, 211, 219, 220; sec.
402(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 129.
0
106. Amend Sec. 43.82 by revising the first sentence of paragraph (c)
to read as follows:
Sec. 43.82 Circuit capacity reports.
* * * * *
(c) * * * Authority is delegated to the Chief of the Office of
International Affairs to prepare instructions and reporting
requirements for the filing of these reports prepared and published as
a Filing Manual. * * *
PART 52--NUMBERING
0
107. The authority citation for part 52 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209,
218, 225-227, 251-252, 271, 303, 332, unless otherwise noted.
0
108. Amend Sec. 52.26 by:
0
a. In paragraph (a), removing the text ``, which are incorporated by
reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51''; and
0
b. Revising paragraph (c).
The revision reads as follows:
Sec. 52.26 NANC Recommendations on Local Number Portability
Administration.
* * * * *
(c) The NANC Working Group Report is incorporated by reference into
this section with the approval of the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This
incorporation by reference (IBR) material is available for public
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#83e5f1adeaedf0f3e6e0f7eaecedc3ede2f1e2ade4ecf5"><span class="__cf_email__" data-cfemail="3a5c48145354494a5f594e5355547a545b485b145d554c">[email protected]</span></a>. The material is available at <a href="https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf">https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf</a>.
PART 54--UNIVERSAL SERVICE
0
109. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
229, 254, 303(r), 403, 1004, 1302, 1601-1609, and 1752, unless
otherwise noted.
0
110. Amend Sec. 54.704 by revising the second sentence of paragraph
(b)(1) and revising paragraphs (b)(2) and (3) to read as follows:
Sec. 54.704 The Administrator's Chief Executive Officer.
* * * * *
(b) * * *
(1) * * * The Board of Directors shall submit the name of its
nominee for Chief Executive Officer, along with relevant professional
and biographical information about the nominee, to the Chairperson of
the Federal Communications Commission.
(2) The Chairperson of the Federal Communications Commission shall
[[Page 21443]]
review the nomination submitted by the Administrator's Board of
Directors. Subject to the Chairperson's approval, the nominee shall be
appointed as the Administrator's Chief Executive Officer.
(3) If the Board of Directors does not reach consensus on a nominee
or fails to submit a nomination for the Chief Executive Officer, the
Chairperson of the Federal Communications Commission shall select a
Chief Executive Officer.
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
0
111. The authority citation for part 63 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214,
218, 403, 571, unless otherwise noted.
0
112. Amend Sec. 63.10 by revising paragraph (d) and (e) to read as
follows:
Sec. 63.10 Regulatory classification of U.S. international carriers.
* * * * *
(d) A carrier classified as dominant under this section shall file
electronically each report required by paragraphs (c)(2) through (4) of
this section in the International Communications Filing System (ICFS).
Each report filed in ICFS shall clearly identify the report as
responsive to paragraph of (c) of this section.
(e) Except as otherwise ordered by the Commission, a carrier that
is classified as dominant under this section for the provision of
facilities-based services on a particular route and that is affiliated
with a carrier that collects settlement payments for terminating U.S.
international switched traffic at the foreign end of that route may not
provide switched facilities-based service on that route unless the
current rates the affiliate charges U.S. international carriers to
terminate traffic are at or below the Commission's relevant benchmark
adopted in IB Docket No. 96-261. See FCC 97-280 (rel. Aug. 18, 1997)
(available at the FCC's Reference Information Center located at the
address indicated in Sec. 0.401(a) and on the FCC's website at <a href="https://www.fcc.gov">https://www.fcc.gov</a>).
0
113. Amend Sec. 63.11 by revising paragraph (j) to read as follows:
Sec. 63.11 Notification by and prior approval for U.S. international
carriers that are or propose to become affiliated with a foreign
carrier.
* * * * *
(j) Subject to the availability of electronic forms, notifications
described in this section must be filed electronically through the
International Communications Filing System (ICFS). A list of forms that
are available for electronic filing can be found on the ICFS homepage.
For information on electronic filing requirements, see Sec. Sec.
1.10000 through 1.10018 of this chapter and the ICFS homepage at
<a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53.
0
114. Amend Sec. 63.14 by revising paragraph (a) to read as follows:
Sec. 63.14 Prohibition on agreeing to accept special concessions.
(a) Any carrier authorized to provide international communications
service under this part shall be prohibited, except as provided in
paragraph (c) of this section, from agreeing to accept special
concessions directly or indirectly from any foreign carrier with
respect to any U.S. international route where the foreign carrier
possesses sufficient market power on the foreign end of the route to
affect competition adversely in the U.S. market and from agreeing to
accept special concessions in the future. Carriers may rely on the
Commission's list of foreign carriers that do not qualify for the
presumption that they lack market power in particular foreign points
for purposes of determining which foreign carriers are the subject of
the prohibitions contained in this section. The Commission's list of
foreign carriers that do not qualify for the presumption that they lack
market power is available from the Office of International Affairs'
website at <a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>.
* * * * *
0
115. Amend Sec. 63.17 by designating the note to paragraph (b) as note
1 and revising it to read as follows:
Sec. 63.17 Special provisions for U.S. international common carriers.
* * * * *
(b) * * *
Note 1 to paragraph (b): The Commission's list of international
routes exempted from the international settlements policy is available
on the Office of International Affairs website at <a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>.
* * * * *
0
116. Amend Sec. 63.18 by revising paragraph (r) to read as follows:
Sec. 63.18 Contents of applications for international common
carriers.
* * * * *
(r) Subject to the availability of electronic forms, all
applications described in this section must be filed electronically
through the International Communications Filing System (ICFS). A list
of forms that are available for electronic filing can be found on the
ICFS homepage. For information on electronic filing requirements, see
Sec. Sec. 1.1000 through 1.10018 of this chapter and the ICFS homepage
at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53.
0
117. Amend Sec. 63.19 by revising the second sentence of paragraph
(a)(2) and revising paragraph (d) to read as follows:
Sec. 63.19 Special procedures for discontinuances of international
services.
* * * * *
(a) * * *
(2) * * * The filing may be made by letter (sending an original and
five copies to the Office of the Secretary, and a copy to the Chief,
Office of International Affairs) and shall identify the geographic
areas of the planned discontinuance, reduction or impairment and the
authorization(s) pursuant to which the carrier provides service.
* * * * *
(d) Subject to the availability of electronic forms, all filings
described in this section must be filed electronically through the
International Communications Filing System (ICFS). A list of forms that
are available for electronic filing can be found on the ICFS homepage.
For information on electronic filing requirements, see Sec. Sec.
1.1000 through 1.10018 of this chapter and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53.
0
118. Amend Sec. 63.20 by revising the first three sentences of
paragraph (a) to read as follows:
Sec. 63.20 Electronic filing, copies required; fees; and filing
periods for international service providers.
(a) Subject to the availability of electronic forms, all filings
described in this section must be filed electronically through the
International Communications Filing System (ICFS). A list of forms that
are available for electronic filing can be found on the ICFS homepage.
For information on electronic filing requirements, see Sec. Sec.
1.1000 through 1.10018 of this chapter and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. * * *
* * * * *
[[Page 21444]]
0
119. Amend Sec. 63.21 by revising paragraph (j) to read as follows:
Sec. 63.21 Conditions applicable to all international Section 214
authorizations.
* * * * *
(j) Subject to the availability of electronic forms, all
notifications and other filings described in this section must be filed
electronically through the International Communications Filing System
(ICFS). A list of forms that are available for electronic filing can be
found on the ICFS homepage. For information on electronic filing
requirements, see Sec. Sec. 1.1000 through 1.10018 of this chapter and
the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec.
63.20 and 63.53.
0
120. Amend Sec. 63.22 by:
0
a. Revising the last sentence of paragraph (b);
0
b. Revising paragraph (g);
0
c. Revising the last sentence of paragraph (h);
0
d. Adding paragraph (j); and
0
e. Removing notes 1 and 2 to Sec. 63.22.
The revisions and addition read as follows:
Sec. 63.22 Facilities-based international common carriers.
* * * * *
(b) * * * The exclusion list is available from the Office of
International Affairs' website at <a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>.
* * * * *
(g) A carrier or other party may request Commission intervention on
any U.S. international route for which competitive problems are alleged
by filing with the Office of International Affairs a petition, pursuant
to this section, demonstrating anticompetitive behavior by foreign
carriers that is harmful to U.S. customers. The Commission may also act
on its own motion. Carriers and other parties filing complaints must
support their petitions with evidence, including an affidavit and
relevant commercial agreements. The Office of International Affairs
will review complaints on a case-by-case basis and take appropriate
action on delegated authority pursuant to Sec. 0.261 of this chapter.
Interested parties will have 10 days from the date of issuance of a
public notice of the petition to file comments or oppositions to such
petitions and subsequently 7 days for replies. In the event
significant, immediate harm to the public interest is likely to occur
that cannot be addressed through post facto remedies, the Office of
International Affairs may impose temporary requirements on carriers
authorized pursuant to Sec. 63.18 without prejudice to its findings on
such petitions.
(h) * * * The list shall be filed electronically in accordance with
instructions from the Office of International Affairs.
* * * * *
(j) For purposes of this section, foreign carrier is defined in
Sec. 63.09. For purposes of this section, a foreign carrier shall be
considered to possess market power if it appears on the Commission's
list of foreign carriers that do not qualify for the presumption that
they lack market power in particular foreign points. This list is
available on the Office of International Affairs' website at <a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>. The Commission will include on the
list of foreign carriers that do not qualify for the presumption that
they lack market power in particular foreign points any foreign carrier
that has 50 percent or more market share in the international transport
or local access markets of a foreign point. A party that seeks to
remove such a carrier from the Commission's list bears the burden of
submitting information to the Commission sufficient to demonstrate that
the foreign carrier lacks 50 percent market share in the international
transport and local access markets on the foreign end of the route or
that it nevertheless lacks sufficient market power on the foreign end
of the route to affect competition adversely in the U.S. market. A
party that seeks to add a carrier to the Commission's list bears the
burden of submitting information to the Commission sufficient to
demonstrate that the foreign carrier has 50 percent or more market
share in the international transport or local access markets on the
foreign end of the route or that it nevertheless has sufficient market
power to affect competition adversely in the U.S. market.
0
121. Amend Sec. 63.23 by designating the note immediately following
paragraph (d)(2) as note 2 to paragraph (d) and revising it to read as
follows:
Sec. 63.23 Resale-based international common carriers.
* * * * *
(d) * * *
Note 2 to paragraph (d): The Commission's list of international
routes exempted from the international settlements policy, and the
Commission's list of foreign carriers that do not qualify for the
presumption that they lack market power in particular foreign points
are available on the Office of International Affairs' website at
<a href="https://www.fcc.gov/international-affairs">https://www.fcc.gov/international-affairs</a>.
* * * * *
0
122. Amend Sec. 63.24 by revising paragraph (h) to read as follows:
Sec. 63.24 Assignments and transfers of control.
* * * * *
(h) Electronic filing. Subject to the availability of electronic
forms, all applications and notifications described in this section
must be filed electronically through the International Communications
Filing System (ICFS). A list of forms that are available for electronic
filing can be found on the ICFS homepage. For information on electronic
filing requirements, see Sec. Sec. 1.10000 through 1.10018 of this
chapter and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also
Sec. Sec. 63.20 and 63.53.
0
123. Amend Sec. 63.25 by revising paragraph (e) to read as follows:
Sec. 63.25 Special provisions relating to temporary or emergency
service by international carriers.
* * * * *
(e) Subject to the availability of electronic forms, all
applications and notifications described in this section must be filed
electronically through the International Communications Filing System
(ICFS). A list of forms that are available for electronic filing can be
found on the ICFS homepage. For information on electronic filing
requirements, see Sec. Sec. 1.1000 through 1.10018 of this chapter and
the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec.
63.20 and 63.53.
* * * * *
0
124. Amend Sec. 63.51 by revising the second sentence of paragraph (c)
to read as follows:
Sec. 63.51 Additional information.
* * * * *
(c) * * * For information on filing requirements, see Sec. Sec.
1.1000 through 1.10018 of this chapter and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>, and Sec. 63.20.
0
125. Amend Sec. 63.53 by revising the second, third, and fourth
sentences of paragraph (a) to read as follows:
Sec. 63.53 Form.
(a) * * * Subject to the availability of electronic forms, all
applications and other filings described in this section must be filed
electronically through the International Communications Filing System
(ICFS). A list of forms that are available for electronic filing can be
found on the ICFS homepage. For information on electronic filing
[[Page 21445]]
requirements, see Sec. Sec. 1.10000 through 1.10018 of this chapter
and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. * * *
* * * * *
0
126. Amend Sec. 63.701 by revising paragraph (j) to read as follows:
Sec. 63.701 Contents of application.
* * * * *
(j) Subject to the availability of electronic forms, all filings
described in this section must be filed electronically through the
International Communications Filing System (ICFS). A list of forms that
are available for electronic filing can be found on the ICFS homepage.
For information on electronic filing requirements, see Sec. Sec.
1.1000 through 1.10018 of this chapter and the ICFS homepage at <a href="https://www.fcc.gov/icfs">https://www.fcc.gov/icfs</a>. See also Sec. Sec. 63.20 and 63.53.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
127. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220,
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262,
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise
noted; Public Law 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.
0
128. Amend Sec. 64.604 by revising paragraph (c)(5)(iii)(C)(2)(ii) to
read as follows.
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(C) * * *
(2) * * *
(ii) The names and business addresses of the provider's chief
executive officer, chairperson, and president, or, in the event that a
provider does not have such executives, three similarly senior-level
officials of the provider;
* * * * *
0
129. Amend Sec. 64.621 by revising paragraph (c) introductory text to
read as follows:
Sec. 64.621 Interoperability and portability.
* * * * *
(c) Incorporation by reference. The material listed in this
paragraph (c) is incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the FCC and the National
Archives and Records Administration (NARA). Contact the FCC through the
Federal Communications Commission's Reference Information Center,
phone: (202) 418-0270. For information on the availability of this
material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#1b7d69357275686b7e786f7274755b757a697a357c746d"><span class="__cf_email__" data-cfemail="4f293d6126213c3f2a2c3b2620210f212e3d2e61282039">[email protected]</span></a>. The material may be
obtained from the following sources in this paragraph (c):
* * * * *
0
130. Amend Sec. 64.1195 by revising paragraph (b)(2) to read as
follows:
Sec. 64.1195 Registration requirement.
* * * * *
(b) * * *
(2) The names and business addresses of the carrier's chief
executive officer, chairperson, and president, or, in the event that a
company does not have such executives, three similarly senior-level
officials of the company;
* * * * *
PART 67--REAL-TIME TEXT
0
131. The authority citation for part 67 continues to read as follows:
Authority: 47 U.S.C. 151-154, 225, 251, 255, 301, 303, 307,
309, 316, 615c, 616, 617, unless otherwise noted.
0
132. Amend Sec. 67.3 by revising paragraph (a) to read as follows:
Sec. 67.3 Incorporation by reference.
(a) 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. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#accade82c5c2dfdcc9cfd8c5c3c2ecc2cddecd82cbc3da"><span class="__cf_email__" data-cfemail="3c5a4e1255524f4c595f485553527c525d4e5d125b534a">[email protected]</span></a>. The material may be
obtained from the source in the following paragraph of this section.
* * * * *
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
0
133. The authority citation for part 68 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 610, unless otherwise noted.
0
134. Amend Sec. 68.160 by revising paragraph (d)(1) to read as
follows:
Sec. 68.160 Designation of Telecommunication Certification Bodies
(TCBs).
* * * * *
(d) * * *
(1) The material listed in this paragraph (d) is incorporated by
reference in this section with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To enforce any edition other than that specified in this section, the
FCC must publish a document in the Federal Register and the material
must be available to the public. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#4026326e292e3330252334292f2e002e2132216e272f36"><span class="__cf_email__" data-cfemail="a9cfdb87c0c7dad9cccaddc0c6c7e9c7c8dbc887cec6df">[email protected]</span></a>. The material may be
obtained from the source in paragraph (d)(2) of this section.
* * * * *
0
135. Amend Sec. 68.162 by revising paragraph (i) introductory text to
read as follows:
Sec. 68.162 Requirements for Telecommunication Certification Bodies.
* * * * *
(i) Incorporation by reference. The material listed in this
paragraph (i) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#93f5e1bdfafde0e3f6f0e7fafcfdd3fdf2e1f2bdf4fce5"><span class="__cf_email__" data-cfemail="dfb9adf1b6b1acafbabcabb6b0b19fb1beadbef1b8b0a9">[email protected]</span></a>. The material may be obtained from the following
source in this paragraph (i):
* * * * *
0
136. Amend Sec. 68.317 by revising paragraph (i) introductory text to
read as follows:
[[Page 21446]]
Sec. 68.317 Hearing aid compatibility volume control: technical
standards.
* * * * *
(i) Incorporation by reference. The material listed in this
paragraph (i) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#91f7e3bff8ffe2e1f4f2e5f8feffd1fff0e3f0bff6fee7"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>. The material may be
obtained from the following source in this paragraph (i):
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
137. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
138. Amend Sec. 73.622 by revising the fifth sentence of paragraph
(c)(1) to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(c)(1) * * * Copies of the Memorandum Opinion and Order are
available for public inspection through the Federal Communications
Commission's Reference Information Center. This document is also
available on the FCC homepage at <a href="https://www.fcc.gov">https://www.fcc.gov</a>. * * *
* * * * *
0
139. Amend Sec. 73.683 by revising the last sentence of paragraph (d)
to read as follows:
Sec. 73.683 Field strength contours and presumptive determination of
field strength at individual locations.
* * * * *
(d) * * * OET Bulletin No. 72 and OET Bulletin No. 73 are available
through the Federal Communications Commission's Reference Information
Center, or at the FCC's Office of Engineering and Technology (OET)
website: <a href="https://www.fcc.gov/oet/info/documents/bulletins/">https://www.fcc.gov/oet/info/documents/bulletins/</a>.
* * * * *
0
140. Amend Sec. 73.702 by:
0
a. Revising the second sentence of paragraph (a), the second sentence
of paragraph (b), and the first and third sentences of paragraph (c);
0
b. Revising paragraph (d); and
0
c. Removing the first sentence of paragraph (e) and the third sentence
of paragraph (h)(2); and
0
d. Revising paragraphs (i) and (j) and the third sentence of paragraph
(m) introductory text.
The revisions read as follows:
Sec. 73.702 Assignment and use of frequencies.
(a) * * * Six months prior to the start of each season, licensees
and permittees shall by informal written request, submitted to the
Commission electronically in the International Communications Filing
System (ICFS), indicate for the season the frequency or frequencies
desired for transmission to each zone or area of reception specified in
the license or permit, the specific hours during which it desires to
transmit to such zones or areas on each frequency, and the power,
antenna gain, and antenna bearing it desires to use. * * *
(b) * * * After receipt of such notification, the licensee or
permittee shall, in writing, not later than two months before the start
of the season in question, electronically inform the Commission in ICFS
either that it plans to operate in accordance with the authorization
which the Commission intends to issue, or that it plans to operate in
another manner. * * *
(c) If after submitting the request required under the provisions
of paragraph (a) of this section, but before receipt of the
Commission's notification referred to in paragraph (b) of this section,
the licensee or permittee submits a request for changes of its original
request electronically in ICFS such requests will be accepted for
consideration only if accompanied by statements showing good cause
therefor and will be honored only if conditions permit. * * * If after
the licensee or permittee submits the information required under the
provisions of paragraph (b) of this section, but before the start of
the season in question, the licensee or permittee submits
electronically in ICFS a request for changes in its manner of operation
for the season in question, the request will be accepted for
consideration only if accompanied by statements showing good cause
therefor and will be honored only if conditions permit. * * *
(d) The provisions of paragraphs (a), (b), and (c) of the section
shall apply to licensees, to permittees operating under program test
authority, and to permittees who anticipate applying for and receiving
program test authority for operation during the specified season.
Permittees who during the process of construction wish to engage in
equipment tests shall by informal written request, submitted to the
Commission electronically in ICFS not less than 30 days before they
desire to begin such testing, indicate the frequencies they desire to
use for testing and the hours they desire to use those frequencies. No
equipment testing shall occur until the Commission has authorized
frequencies and hours for such testing. Such authorizations shall be
only for one season, and if it is desired to continue equipment testing
in a following season, new requests for frequencies and hours must be
submitted at least 30 days before it is desired to begin testing in the
following season.
(e) Within 14 days after the end of each season, a report shall be
filed with the Commission electronically in ICFS by each licensee or
permittee operating under program test authority who has been issued a
seasonal schedule for that season. * * *
* * * * *
(h) * * *
(2) * * * Stations desiring to operate in this band must submit
sufficient antenna performance information electronically in ICFS to
ensure compliance with these restrictions. * * *
* * * * *
(i) Frequencies requested for assignment must be as near as
practicable to the optimum working frequency (unless otherwise
justified) for the zone or area of reception for the period and path of
transmission, and should be chosen so that a given frequency will
provide the largest period of reliable transmission to the selected
zone or area of reception. Moreover, at the zone or area of reception
frequencies shall provide protection to the transmissions of other
broadcasting stations which, in the opinion of the Commission, have
priority of assignment.
(1) Requests for frequency-hours shall be accompanied by all
pertinent technical data with reference to the frequencies and hours of
operation, including calculated field strengths delivered to the zones
or areas of reception.
(2) It is preferable that calculated field strengths delivered to
zones or areas of reception be equal to or greater than those required
by I.F.R.B. Technical Standards, Series A (and supplements thereto), in
order for the I.F.R.B. to afford the notified assignment protection
from interference.
[[Page 21447]]
Nevertheless, calculated field strengths less than those required by
the I.F.R.B. standards for protection will be acceptable to the
Commission. However, licensees should note that if such lesser field
strengths are submitted no protection from interference will be
provided by the I.F.R.B. if their technical examination of such
notifications show incompatibilities with other notified assignments
fully complying with I.F.R.B. technical standards.
(3) Licensees are permitted to engage in multiple operation as
defined in Sec. 73.701(d).
(4) Seasonal requests for frequency-hours will be only for
transmissions to zones or areas of reception specified in the basic
instrument of authorization. Changes in such zones or areas will be
made only on separate application for modification of such instruments
made electronically in ICFS.
(j) Not more than one frequency will be assigned for use at any one
time for any one program transmission except in instances where a
program is intended for reception in more than one zone or area of
reception and the intended zones or areas cannot be served by a single
frequency: Provided, however, That on a showing of good cause made
electronically in ICFS a licensee may be authorized to operate on more
than one frequency at any one time to transmit any one program to a
single zone or area of reception.
* * * * *
(m) * * * If for a forthcoming season the total of the requests for
daily frequency-hours of all licensees exceeds 100, all licensees will
be notified and each licensee that makes an adequate showing
electronically in ICFS that good cause exists for not having its
requested number of frequency-hours reduced and that operation of its
station without such reduction would be consistent with the public
interest may be authorized the frequency-hours requested.
* * * * *
0
141. Amend Sec. 73.713 by revising the second sentence of paragraph
(a) to read as follows:
Sec. 73.713 Program tests.
* * * * *
(a) * * * Such request shall be electronically filed with the FCC
in the International Communications Filing System (ICFS) at least 10
days prior to the date on which it is desired to begin such operation.
* * *
* * * * *
0
142. Revise Sec. 73.732 to read as follows:
Sec. 73.732 Authorizations.
Authorizations issued to international broadcasting stations by the
Commission will be authorizations to permit the construction or use of
a particular transmitting equipment combination and related antenna
systems for international broadcasting, and to permit broadcasting to
zones or areas of reception specified on the instrument of
authorization. The authorizations will not specify the frequencies to
be used or the hours of use. Requests for frequencies and hours of use
will be made by electronic filing in the International Communications
Filing System (ICFS) as provided in Sec. 73.702. Seasonal schedules,
when issued pursuant to the provisions of Sec. 73.702, will become
attachments to and part of the instrument of authorization, replacing
any such prior attachments.
0
143. Amend Sec. 73.759 by revising the last sentence of paragraph
(c)(2) to read as follows:
Sec. 73.759 Auxiliary transmitters.
* * * * *
(c) * * *
(2) * * * Where such operation is required for periods in excess of
5 days, request therefor shall be made electronically in the
International Communications Filing System (ICFS) in accordance with
Sec. 73.3542).
* * * * *
0
144. Amend Sec. 73.761 by revising the introductory text and paragraph
(g) to read as follows:
Sec. 73.761 Modification of transmission systems.
Specific authority, upon electronic filing of a formal application
(FCC Form 309) therefor in the International Communications Filing
System (ICFS), is required for any of the following changes:
* * * * *
(g) Other changes, not specified above in this section, may be made
at any time without the authority of the Commission: Provided, That the
Commission shall be immediately notified electronically in ICFS thereof
and such changes shall be shown in the next application for renewal of
license.
0
145. Amend Sec. 73.762 by revising the second sentence of paragraph
(b) and the first two sentences of paragraph (c) to read as follows:
Sec. 73.762 Time of operation.
* * * * *
(b) * * * However, in such cases, the FCC shall be immediately
notified by electronic filing in the International Communications
Filing System (ICFS) of such limitation or discontinuance of operation
and shall subsequently be notified by electronic filing in ICFS when
the station resumes regular operation.
(c) In the event that causes beyond a licensee's control make it
impossible to adhere to the seasonal schedule or to continue operating
for a temporary period of more than 10 days, the station may not limit
or discontinue operation until it requests and receives specific
authority to do so from the FCC by electronic filing in ICFS. When the
station subsequently resumes regular operation after such limited
operation or discontinuance of operation, it shall notify the FCC in
Washington, DC by electronic filing in ICFS. * * *
0
146. Amend Sec. 73.1212 by revising the second and fifth sentences of
paragraph (k) to read as follows:
Sec. 73.1212 Sponsorship identification; list retention; related
requirements.
* * * * *
(k) * * * A section 325(c) permit holder shall place copies of the
disclosures required along with the name of the program to which the
disclosures were appended in the International Communications public
filing System (ICFS) under the relevant ICFS section 325(c) permit
file. * * * Where an aural announcement was made, its contents must be
reduced to writing and placed in the ICFS in the same manner.
0
147. Amend Sec. 73.1650 by designating the undesignated paragraph
following paragraph (b)(6) as paragraph (b)(7) and revising it to read
as follows:
Sec. 73.1650 International agreements.
* * * * *
(b) * * *
(7) The documents listed in this paragraph (b) are available for
inspection in the office of the Chief, Office of International Affairs,
FCC, Washington, DC.
0
148. Amend Sec. 73.3533 by revising the second sentence of paragraph
(a)(2) to read as follows:
Sec. 73.3533 Application for construction permit or modification of
construction permit.
* * * * *
(a) * * *
(2) * * * For International Broadcast Stations, applications shall
be filed electronically in the International Communications Filing
System (ICFS).
* * * * *
0
149. Amend Sec. 73.3539 by revising the last sentence of paragraph (a)
to read as follows:
[[Page 21448]]
Sec. 73.3539 Application for renewal of license.
(a) * * * For International Broadcast Stations, applications shall
be filed electronically in the International Communications Filing
System (ICFS).
* * * * *
0
150. Amend Sec. 73.3540 by revising the second sentence of paragraph
(c) and the second sentence of paragraph (d) to read as follows:
Sec. 73.3540 Application for voluntary assignment or transfer of
control.
* * * * *
(c) * * * For International Broadcast Stations, the application
shall be filed electronically in the International Communications
Filing System (ICFS).
(d) * * * For International Broadcast Stations, applications shall
be filed electronically in ICFS.
* * * * *
0
151. Amend Sec. 73.3545 by revising the last sentence to read as
follows:
Sec. 73.3545 Application for permit to deliver programs to foreign
stations.
* * * All applications must be filed electronically in the
International Communications Filing System (ICFS).
0
152. Amend Sec. 73.3580 by revising paragraph (b)(2)(i) to read as
follows:
Sec. 73.3580 Local public notice of filing of broadcast applications.
* * * * *
(b) * * *
(2) * * *
(i) Content. The online notice shall be in the following form:
On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL
SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S
TRANSMISSION FACILITIES ARE LOCATED], filed an application with the
Federal Communications Commission for [TYPE OF APPLICATION]. Members of
the public wishing to view this application or obtain information about
how to file comments and petitions on the application can visit [INSERT
HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION
FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN
THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL
BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF
INTERNATIONAL AFFAIRS' ICFS DATABASE].
An applicant for a proposed but not authorized station shall post
the following online notice:
On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE)
STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR
INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S
TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with
the Federal Communications Commission for [TYPE OF APPLICATION].
Members of the public wishing to view this application or obtain
information about how to file comments and petitions on the application
can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA
BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST
STATION, TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL
AFFAIRS' ICFS DATABASE].
An applicant for an authorization under section 325(c) of the
Communications Act (Studio Delivering Programs to a Foreign Station)
shall post the following online notice:
On [DATE], [APPLICANT NAME] filed an application with the Federal
Communications Commission for a permit to deliver programs to foreign
station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY],
[FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO
BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view
this application or obtain information about how to file comments and
petitions on the application can visit [INSERT HYPERLINK TO APPLICATION
LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE].
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
153. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336
and 554, unless otherwise noted.
0
154. Amend Sec. 74.703 by revising the fourth and fifth sentences of
paragraph (a) to read as follows:
Sec. 74.703 Interference.
(a) * * * Copies of OET Bulletin No. 69 are available for
inspection through the Federal Communications Commission's Reference
Information Center. This document is also available on the FCC homepage
at <a href="https://www.fcc.gov/oet/info/documents/bulletins/#69">https://www.fcc.gov/oet/info/documents/bulletins/#69</a>.
* * * * *
0
155. Amend Sec. 74.861 by revising paragraph (i) introductory text to
read as follows:
Sec. 74.861 Technical requirements.
* * * * *
(i) Incorporation by reference. The material listed in this
paragraph (i) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#c7a1b5e9aea9b4b7a2a4b3aea8a987a9a6b5a6e9a0a8b1"><span class="__cf_email__" data-cfemail="563024783f3825263335223f3938163837243778313920">[email protected]</span></a>. The material may be obtained from the following
source in this paragraph (i):
* * * * *
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
0
156. The authority citation for part 76 continues to read as follows:
Authority: 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, 573, unless otherwise
noted.
0
157. Amend Sec. 76.602 by revising paragraph (a) to read as follows:
Sec. 76.602 Incorporation by reference.
(a) 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. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at
[[Page 21449]]
the FCC and the National Archives and Records Administration (NARA).
Contact the FCC through the Federal Communications Commission's
Reference Information Center, phone: (202) 418-0270. For information on
the availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#670115490e0914170204130e0809270906150649000811"><span class="__cf_email__" data-cfemail="9bfde9b5f2f5e8ebfef8eff2f4f5dbf5fae9fab5fcf4ed">[email protected]</span></a>. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING
0
158. The authority citation for part 79 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 544a, 613, 617, unless otherwise noted.
0
159. Amend Sec. 79.100 by revising paragraph (a) to read as follows:
Sec. 79.100 Incorporation by reference.
(a) 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. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#b2d4c09cdbdcc1c2d7d1c6dbdddcf2dcd3c0d39cd5ddc4"><span class="__cf_email__" data-cfemail="0365712d6a6d70736660776a6c6d436d6271622d646c75">[email protected]</span></a>. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
0
160. The authority citation for part 80 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T.
4726, 12 U.S.T. 2377, unless otherwise noted.
0
161. Amend Sec. 80.7 by revising paragraph (a) to read as follows:
Sec. 80.7 Incorporation by reference.
(a) 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. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac"><span class="__cf_email__" data-cfemail="d9bfabf7b0b7aaa9bcbaadb0b6b799b7b8abb8f7beb6af">[email protected]</span></a>. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
0
162. Amend Sec. 80.371 by revising the fifth sentence of paragraph
(c)(1)(ii) introductory text to read as follows:
Sec. 80.371 Public correspondence frequencies.
* * * * *
(c) * * *
(1) * * *
(ii) * * * Maps of the EAs and VPCSAs are available for public
inspection through the Federal Communications Commission's Reference
Information Center, Tel: 1-888-225-5322. * * *
* * * * *
0
163. Amend Sec. 80.385 by revising the sixth sentence of paragraph
(a)(3) introductory text to read as follows:
Sec. 80.385 Frequencies for automated systems.
* * * * *
(a) * * *
(3) * * * Maps of the EAs and AMTSAs are available for public
inspection through the Federal Communications Commission's Reference
Information Center. These maps and data are also available on the FCC
website at <a href="http://www.fcc.gov/oet/info/maps/areas/">www.fcc.gov/oet/info/maps/areas/</a>. * * *
* * * * *
PART 87--AVIATION SERVICES
0
164. The authority citation for part 87 continues to read as follows:
Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.
0
165. Amend Sec. 87.199 by revising paragraph (a) to read as follows:
Sec. 87.199 Special requirements for 406.0-406.1 MHz ELTs.
(a) 406.0-406.1 MHz ELTs use G1D emission. Except for the spurious
emission limits specified in Sec. 87.139(h), 406.0-406.1 MHz ELTs must
meet all the technical and performance standards contained in the Radio
Technical Commission for Aeronautics document titled ``Minimum
Operational Performance Standards 406 MHz Emergency Locator
Transmitters (ELT)'' Document No. RTCA/DO-204 dated September 29, 1989.
Document No. RTCA/DO-204 is incorporated by reference into this the
section with the approval of the Director of the Federal Register in
accordance with 5 U.S.C 552(a) and 1 CFR part 51. This incorporation by
reference (IBR) material is available for inspection at the FCC and at
the National Archives and Records Administration (NARA). Contact the
FCC through the Federal Communications Commission's Reference
Information Center, phone: (202) 418-0270. For information on the
availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#5f392d7136312c2f3a3c2b3630311f313e2d3e71383029"><span class="__cf_email__" data-cfemail="4b2d39652225383b2e283f2224250b252a392a652c243d">[email protected]</span></a>. The
material may be obtained from the Radio Technical Commission for
Aeronautics (RTCA), Inc., 1150 18th Street NW, Suite 910, Washington,
DC 20036; phone: (202) 833-9339; email: <a href="/cdn-cgi/l/email-protection#6f060109002f1d1b0c0e41001d08"><span class="__cf_email__" data-cfemail="cba2a5ada48bb9bfa8aae5a4b9ac">[email protected]</span></a>; website:
<a href="http://www.rtca.org">www.rtca.org</a>.
* * * * *
0
166. Revise Sec. 87.285 to read as follows:
Sec. 87.285 Scope of service.
(a) Frequencies. The frequencies indicated in Sec. 87.287 may be
used to test aircraft data link systems on a secondary basis to other
licensed stations. Equipment must be designed so that it will engage in
data link exchange only with the aircraft whose identification has been
programmed into the device, and must comply with the applicable
specifications for VDL Mode 2 operation set forth in the ICAO ``Manual
on VHF Digital Link (VDL) Mode 2'' and RTCA DO-281A.
(b) Incorporation by reference. The material listed in this
paragraph (b) is incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. This incorporation by reference (IBR) material is
available for inspection at the FCC and at the National Archives and
Records Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#4127336f282f3231242235282e2f012f2033206f262e37"><span class="__cf_email__" data-cfemail="dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac">[email protected]</span></a>. The material
[[Page 21450]]
may be obtained from the following sources in this paragraph (b):
(1) ICAO, Customer Services Unit, 999 University Street,
Montr[eacute]al, Quebec H3C 5H7, Canada; email: <a href="/cdn-cgi/l/email-protection#365f5557595e47765f555759185f5842"><span class="__cf_email__" data-cfemail="1f767c7e70776e5f767c7e703176716b">[email protected]</span></a>;
website: <a href="http://www.ICAO.int">www.ICAO.int</a>.
(i) ICAO ``Manual on VHF Digital Link (VDL) Mode 2'' First Edition-
2001.
(ii) [Reserved]
(2) Radio Technical Commission for Aeronautics (RTCA), Inc., 1150
18th Street NW, Suite 910, Washington, DC 20036; phone: (202) 833-9339;
email: <a href="/cdn-cgi/l/email-protection#325b5c545d72404651531c5d4055"><span class="__cf_email__" data-cfemail="1a73747c755a686e797b3475687d">[email protected]</span></a>; website: <a href="http://www.rtca.org">www.rtca.org</a>.
(i) RTCA DO-281A, ``Minimum Operational Performance Standards for
Aircraft VDL Mode 2 Physical, Link and Network Layer'', November 8,
2005.
(ii) [Reserved]
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
167. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
* * * * *
0
168. Amend Sec. 90.7 by revising paragraph (2) of the definition of
``900 MHz SMR MTA-based license or MTA license'' and revising the
definitions of ``EA-based or EA license'' and ``MTA-based license or
MTA license'' to read as follows:
Sec. 90.7 Definitions.
* * * * *
900 MHz SMR MTA-based license or MTA license * * *
(2) The MTA map is available for public inspection through the
Federal Communications Commission's Reference Information Center.
* * * * *
EA-based or EA license. A license authorizing the right to use a
specified block of SMR or LMS spectrum within one of the 175 Economic
Areas (EAs) as defined by the Department of Commerce Bureau of Economic
Analysis. The EA Listings and the EA Map are available for public
inspection through the Federal Communications Commission's Reference
Information Center.
* * * * *
MTA-based license or MTA license. A license authorizing the right
to use a specified block of SMR spectrum within one of the 51 Major
Trading Areas (``MTAs''), as embodied in Rand McNally's Trading Area
System MTA Diskette and geographically represented in the map contained
in Rand McNally's Commercial Atlas & Marketing Guide (the ``MTA Map'').
The MTA Listings, the MTA Map and the Rand McNally/AMTA license
agreement are available for public inspection through the Reference
Information Center.
* * * * *
0
169. Amend Sec. 90.20 by revising the fifth sentence of paragraph
(g)(1) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(g) * * *
(1) * * * Maps of the EAs and VPCSAs are available for inspection
through the Federal Communications Commission's Reference Information
Center. These maps and data are also available on the FCC website at
<a href="https://www.fcc.gov/oet/info/maps/areas/">https://www.fcc.gov/oet/info/maps/areas/</a>. * * *
* * * * *
0
170. Amend Sec. 90.265 by revising paragraph (f) introductory text to
read as follows:
Sec. 90.265 Assignment and use of frequencies in the bands allocated
for Federal use.
* * * * *
(f) Incorporation by reference. The material listed in this
paragraph (f) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the FCC must publish a document in the
Federal Register and the material must be available to the public. All
approved incorporation by reference (IBR) material is available for
inspection at the FCC and the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#8ceafea2e5e2fffce9eff8e5e3e2cce2edfeeda2ebe3fa"><span class="__cf_email__" data-cfemail="2345510d4a4d50534640574a4c4d634d4251420d444c55">[email protected]</span></a>. The material may be obtained from the following
source in this paragraph (f):
* * * * *
0
171. Amend Sec. 90.548 by revising paragraph (b) introductory text to
read as follows:
Sec. 90.548 Interoperability Technical Standards.
* * * * *
(b) Incorporation by reference. The material listed in this
paragraph (b) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#563024783f3825263335223f3938163837243778313920"><span class="__cf_email__" data-cfemail="c4a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2">[email protected]</span></a>. The material may be
obtained from the following source in this paragraph (b):
* * * * *
0
172. Amend Sec. 90.553 by revising paragraphs (b) and (c) to read as
follows:
Sec. 90.553 Encryption.
* * * * *
(b) If encryption is employed, then transmitters manufactured after
August 11, 2014 must use the Advanced Encryption Standard (AES)
specified in ANSI/TIA-102.AAAD-A. Until 2030, manufacturers may also
include the Digital Encryption Standard (DES) or Triple Data Encryption
Algorithm (TDEA), in addition to but not in place of AES, for
compatibility with legacy radios that lack AES capability.
(c) ANSI/TIA-102.AAAD-A: Project 25 Digital Land Mobile Radio-Block
Encryption Protocol, approved August 20, 2009 is incorporated by
reference into this section with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
This incorporation by reference (IBR) material is available for
inspection at the FCC and at the National Archives and Records
Administration (NARA). Contact the FCC through the Federal
Communications Commission's Reference Information Center, phone: (202)
418-0270. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email
<a href="/cdn-cgi/l/email-protection#96f0e4b8fff8e5e6f3f5e2fff9f8d6f8f7e4f7b8f1f9e0"><span class="__cf_email__" data-cfemail="4e283c6027203d3e2b2d3a2721200e202f3c2f60292138">[email protected]</span></a>. The material may be obtained from the following
sources:
(1) Telecommunications Industry Association (TIA), 2500 Wilson
Boulevard, Arlington, VA 22201; website: <a href="https://tiaonline.org">https://tiaonline.org</a>.
(2) S&P Global Standards Store, 15 Inverness Way East, Englewood,
CO 80112; website: <a href="https://global.ihs.com">https://global.ihs.com</a>.
(3) American National Standards Institute (ANSI), 25 West 43rd
Street, Fourth Floor, New York, NY 10036; website: <a href="http://www.ansi.org">www.ansi.org</a>.
PART 95--PERSONAL RADIO SERVICES
0
173. The authority citation for part 95 continues to read as follows:
[[Page 21451]]
Authority: 47 U.S.C. 154, 303, 307, unless otherwise noted.
0
174. Amend Sec. 95.2989 by revising paragraph (b) introductory text to
read as follows:
Sec. 95.2989 PLB and MSLD technical standards.
* * * * *
(b) Incorporation by reference. The material listed in this
paragraph (b) is incorporated by reference in this section with the
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the FCC and the
National Archives and Records Administration (NARA). Contact the FCC
through the Federal Communications Commission's Reference Information
Center, phone: (202) 418-0270. For information on the availability of
this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#aaccd884c3c4d9dacfc9dec3c5c4eac4cbd8cb84cdc5dc"><span class="__cf_email__" data-cfemail="7d1b0f5314130e0d181e091412133d131c0f1c531a120b">[email protected]</span></a>. The material may be
obtained from the following source in this paragraph (b):
* * * * *
PART 97--AMATEUR RADIO SERVICE
0
175. The authority citation for part 97 continues to read as follows:
Authority: 47 U.S.C. 151-155, 301-609, unless otherwise noted.
0
176. Amend Sec. 97.207 by revising paragraphs (g) introductory text
and (g)(1)(viii) to read as follows:
Sec. 97.207 Space station.
* * * * *
(g) The license grantee of each space station must make the
following written notifications to the Space Bureau, FCC, Washington,
DC 20554.
(1) * * *
(viii) If any material item described in this notification changes
before launch, a replacement pre-space notification shall be filed with
the Space Bureau no later than 90 days before integration of the space
station into the launch vehicle.
* * * * *
PART 101--FIXED MICROWAVE SERVICES
0
177. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
178. Amend Sec. 101.21 by revising the last sentence of paragraph (f)
to read as follows:
Sec. 101.21 Technical content of applications.
* * * * *
(f) * * * (Technical characteristics of the Earth stations on file
and coordination contour maps for those Earth stations will be kept on
file for public inspection in the offices of the Commission's Space
Bureau in Washington, DC.)
* * * * *
0
179. Amend Sec. 101.523 by revising the third sentence of paragraph
(a)(4) to read as follows:
Sec. 101.523 Service areas.
* * * * *
(a) * * *
(4) * * * Maps of the EAs and the Federal Register Notice that
established the 172 Economic Areas (EAs) are available for public
inspection through the Federal Communications Commission's Reference
Information Center. These maps and data are also available on the FCC
website at <a href="http://www.fcc.gov/oet/info/maps/areas/">www.fcc.gov/oet/info/maps/areas/</a>.
* * * * *
[FR Doc. 2023-07066 Filed 4-7-23; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on April 10, 2023.
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