Proposed Rule2023-20561
Possible Revision or Elimination of Rules
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
September 26, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communication Commission (FCC or Commission) invites the general public to comment on the Commission's rules to be reviewed pursuant to the Regulatory Flexibility Act of 1980, as amended. The purpose of the review is to determine whether Commission rules that the FCC adopted in calendar years 2007-2012 should be continued without change, amended, or rescinded in order to minimize any significant impact the rule(s) may have on a substantial number of small entities. Upon receiving comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s), or retain the rule(s) without modification.
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Proposed Rules]
[Pages 66232-66262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20561]
[[Page 66231]]
Vol. 88
Tuesday,
No. 185
September 26, 2023
Part III
Federal Communications Commission
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47 CFR Chapter I
Possible Revision or Elimination of Rules; Proposed Rule
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 /
Proposed Rules
[[Page 66232]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[CB Docket No. 23-283; DA 23-710; FR ID 170395]
Possible Revision or Elimination of Rules
AGENCY: Federal Communications Commission.
ACTION: Regulatory review; comments requested.
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SUMMARY: In this document, the Federal Communication Commission (FCC or
Commission) invites the general public to comment on the Commission's
rules to be reviewed pursuant to the Regulatory Flexibility Act of
1980, as amended. The purpose of the review is to determine whether
Commission rules that the FCC adopted in calendar years 2007-2012
should be continued without change, amended, or rescinded in order to
minimize any significant impact the rule(s) may have on a substantial
number of small entities. Upon receiving comments from the public, the
Commission will evaluate those comments and consider whether action
should be taken to rescind or amend the relevant rule(s), or retain the
rule(s) without modification.
DATES: Comments may be filed on or before November 27, 2023.
ADDRESSES: You may submit comments, identified by CB Docket No. 23-283
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). See <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#187e7b7b2d282c587e7b7b367f776e"><span class="__cf_email__" data-cfemail="64020707515450240207074a030b12">[email protected]</span></a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Joy Ragsdale, Director, Office of Communications Business
Opportunities, 202-418-1697, <a href="/cdn-cgi/l/email-protection#57181415181e3931381731343479303821"><span class="__cf_email__" data-cfemail="2d626e6f6264434b426d4b4e4e034a425b">[email protected]</span></a> or visit <a href="http://www.fcc.gov/ocbo">www.fcc.gov/ocbo</a>.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Public Notice document in CB Docket No. 23-283, DA 23-710, released on
August 17, 2023. The full version of this document can be located at
<a href="https://docs.fcc.gov/public/attachments/DA-23-710A1.pdf">https://docs.fcc.gov/public/attachments/DA-23-710A1.pdf</a>.
Annually, the Commission will publish a list of 10-year-old rules
for review and comment by interested parties pursuant to section 610 of
the RFA.
Synopsis
By the Public Notice document, the Office of Communications
Business Opportunities announces the Federal Communications
Commission's (Commission) plan to review rules the agency adopted in
calendar years 2007-2012 that have or will have a significant economic
impact on a substantial number of small entities. Section 610 of the
Regulatory Flexibility Act (RFA), 5 U.S.C. 610, requires the Commission
to determine whether such rules should be continued without change,
amended, or rescinded, consistent with the stated objectives of
applicable statutes, to minimize any significant economic impact of the
rules upon a substantial number of small entities. The Appendix of the
Public Notice document lists the rules the Commission will review
during the next 12 months. Annually, the Commission will publish a list
for the review of rules promulgated 10 years preceding the year of
review.
The Commission will consider the following factors in reviewing
each rule in a manner consistent with section 610(b) of the RFA:
(a) The continued need for the rule;
(b) The nature of complaints or comments from the public concerning
the rule;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts
with other Federal rules, and, to the extent feasible, with State and
local governmental rules; and
(e) The length of time since the rule has been evaluated or the
degree to which technology, economic conditions, or other factors have
changed in the area affected by the rule.
The Appendix of the Public Notice document includes a brief
description, the need for and legal basis of each rule. The Commission
invites the general public to comment on these rules in accordance with
the instructions below. The Commission will consider all relevant and
timely filed comments before it takes final action in this proceeding.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
The proceeding this document initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules.\1\ Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to
[[Page 66233]]
be written ex parte presentations and must be filed consistent with
rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which
the Commission has made available a method of electronic filing,
written ex parte presentations and memoranda summarizing oral ex parte
presentations, and all attachments thereto, must be filed through the
electronic comment filing system available for that proceeding, and
must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize
themselves with the Commission's ex parte rules.
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\1\ 47 CFR 1.1200 et seq.
Federal Communications Commission.
Joy Ragsdale,
Director, Office of Communications Business Opportunities.
0
The Federal Communications Commission (Commission) will review the
rules below pursuant to the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 610, for the 10-year period beginning in January 2007
and ending December 2012. All of the rules listed below are in Title 47
of the Code of Federal Regulations.
PART 1--PRACTICE AND PROCEDURE
Subpart A--General Rules of Practice and Procedures--Forbearance
Proceedings
Brief Description: These rules establish procedures for the
submission and handling of petitions for forbearance filed pursuant to
section 10 of the Communications Act of 1934, as amended.\2\ In
particular, the rules require that forbearance petitions be ``complete
as filed'' and establish procedures to ensure that forbearance
petitions are addressed in a timely, equitable, and predictable manner.
Further, a forbearance petition may no longer be withdrawn or
significantly narrowed by the petitioner without Commission
authorization after the tenth business day after the due date for reply
comments.
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\2\ 47 U.S.C. 160(c) (``Any telecommunications carrier, or class
of telecommunications carriers, may submit a petition to the
Commission requesting that the Commission exercise the authority
granted under this section with respect to that carrier or those
carriers, or any service offered by that carrier or carriers.'').
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Need: These rules implement procedures for handling forbearance
petitions in a manner that is front-loaded, actively managed,
transparent, and fair.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155(c), 160, 201, and
303(r).
Section Number and Title:
1.55 Public notice of petitions for forbearance.
1.56 Motions for summary denial of petitions for forbearance.
1.57 Circulation and voting of petitions for forbearance.
1.58 Forbearance petition quiet period prohibition.
1.59 Withdrawal or narrowing of petitions for forbearance.
Brief Description: These rule sections implement the Truth in
Caller ID Act of 2009,\3\ and prohibit any person or entity from
knowingly spoofing caller identification information with the intent to
defraud, cause harm, or wrongfully obtain anything of value. Sections
1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for
violations of the Truth in Caller ID Act or the Commission's rules
under the Truth in Caller ID Act.
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\3\ The President signed the Truth in Caller ID Act into law on
December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-
331, codified at 47 U.S.C. 227(e).
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Need: These rule sections carry out the Commission's statutory
obligation to implement the Truth in Caller ID Act.
Legal Basis: Section 2 of the Truth in Caller ID Act of 2009,
Public Law 11-331. 47 U.S.C. 151, 154(i), 154(j), 227, and 303(r).
Section Number and Title:
1.80(a)(4), (b)(3), (c) Forfeiture Proceedings.
Subpart E--Complaints, Applications, Tariffs, and Reports Involving
Common Carriers
Brief Description: Section 1.767 of the Commission's rules sets
forth the application filing requirements for submarine cable landing
licenses. During the relevant review period, the Commission amended the
cable landing license application rules and application procedures to
require applicants to certify their compliance with the Coastal Zone
Management Act of 1972 (CZMA).
Need: The rules are needed to ensure that Commission processing of
certain submarine cable landing license applications comports with the
consistency review procedures specified in the CZMA.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r),
and 309.
Section Number and Title:
1.767(a)(10) note, (j), (k)(4) Cable landing licenses.
Subpart G--Schedule of Statutory Charges and Procedures for Payment
Brief Description: These rules specify the schedule of annual
regulatory fees and filing locations for the designated payors.
Need: Congress sets the amount the Commission must collect each
year in the Commission's fiscal year appropriations. Section 9(a)(2) of
the Communications Act of 1934, as amended (Act) requires the
Commission to collect fees sufficient to offset the amount
appropriated.\4\ These rules specify the fees for the Commission's
regulatees.
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\4\ 47 U.S.C. 159(a)(2).
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Legal Basis: 47 U.S.C. 159.
Section Number and Title:
1.1102 Revised--Schedule of charges for applications and other
filings in the wireless telecommunications services.
1.1103 Revised--Schedule of charges for experimental radio
services.
1.1104 Revised--Schedule of charges for applications and other
filings for media services.
1.1105 Revised--Schedule of charges for applications and other
filings for the wireline competition services.
1.1106 Revised--Schedule of charges for applications and other
filings for the enforcement services.
1.1107 Revised--Schedule of charges for applications and other
filings for the international services.
1.1108 Reserved.
1.1109 Revised--Schedule of charges for applications and other
filings for the Homeland services.
1.1110 [correctly redesignated as 1.112]; new 1.1110 correctly
added Attachment of charges.
1.1111 [correctly redesignated as 1.113]; new 1.1111 correctly
added Payment of charges.
1.1112 [correctly redesignated as 1.114]; new 1.1112 correctly
added Form of payment.
1.1113 [correctly redesignated as 1.115]; new 1.1113 correctly
added Filing locations.
1.1114 Conditionality of Commission or staff authorizations.
1.1115 Return or refund of charges.
1.1116 General exemptions to charges.
1.1117 Adjustments to charges.
1.1118 Penalty for late or insufficient payments.
1.1119 Petitions and applications for review.
1.1120 [correctly redesignated from 1.1118]; (a) revised Error
claims.
1.1121 [correctly redesignated from 1.1119]; (b) revised Billing
procedures.
1.1152 Revised--Schedule of annual regulatory fees for wireless
radio services.
[[Page 66234]]
1.1153 Revised--Schedule of annual regulatory fees and filing
locations for mass media services.
1.1154 Revised--Schedule of annual regulatory charges for common
carrier services.
1.1155 Revised--Schedule of regulatory fees for cable television
services.
1.1156 Revised; Eff. Date corrected; Revised--Schedule of
regulatory fees for international services.
1.1164 (c) Revised--Penalties for late or insufficient regulatory
fee payments.
1.1166 (b) Revised--Waivers, reductions and deferrals of regulatory
fees.
1.1166 (d) Amended--Waivers, reductions and deferrals of regulatory
fees.
Subpart X--Spectrum Leasing
Brief Description: These rules pertain to spectrum leasing
arrangements between licensees in the services identified in this
subpart and spectrum lessees.
Need: These rules extend the Commission's secondary market spectrum
manager spectrum leasing policies, procedures, and rules that apply to
wireless terrestrial services to terrestrial services provided using
the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service
(MSS) system.
Legal Basis: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
Section Number and Title:
1.9001 Purpose and scope.
1.9005 Included services.
1.9020 Spectrum manager leasing arrangements.
1.9049 Special Provisions relating to spectrum leasing arrangements
involving the Ancillary Terrestrial Component of Mobile Satellite
Services.
Subpart AA--Competitive Bidding for Universal Service Support
Brief Description: These rules set forth procedures for competitive
bidding to determine the recipients of universal service support
pursuant to part 54 and the amount(s) of support that each recipient
respectively may receive, subject to post-auction procedures, when the
Commission directs that such support shall be determined through
competitive bidding. The rules establish requirements for applications
to participate in competitive bidding, restrict certain communications
during the competitive process, and establish a winning bidder's
obligation to apply for support.
Need: These rules implement competitive bidding processes for the
allocation of high-cost universal service support, helping to ensure
the most efficient and effective use of public resources.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303(r), 332, 403, and 1302.
Section Number and Title:
1.21000 Purpose.
1.21001 Participation in competitive bidding for support.
1.21002 Prohibition of certain communications during the
competitive bidding process.
1.21003 Competitive bidding process.
1.21004 Winning bidder's obligation to apply for support.
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
Subpart B--Allocation, Assignment, and Use of Radio Frequencies
Brief Description: Section 2.106 contains the Table of Frequency
Allocations, which specifies the Federal and non-Federal radio services
that may operate in certain frequency bands, as well as the operating
conditions for each service, including power limits and coordination
procedures. Footnote US23 governs Amateur Radio Service operations in
the 5330.5-5406.4 kHz band. Footnote US64 governs Medical Device
Radiocommunication Service (MedRadio) operations in the 401-406 MHz,
413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Footnote
US338 governs Wireless Communications Service (WCS) operations in the
2305-2320 MHz band.
Need: The Table of Frequency Allocations is needed to allow Federal
and non-Federal services to operate safely and without causing harmful
interference. The Table is amended frequently to revise existing
allocations and add new allocations, generally promoting more efficient
and productive use of radio spectrum.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.106 US23, US64, US338 Table of Frequency Allocations.
Brief Description: Part 2 contains the Commission's Table of
Frequency Allocations as well as terminology and rules governing
bandwidths, call signs, and other transmission identifiers, distress,
disaster and emergency communications, prohibition against use of radio
devices for eavesdropping, and marketing of radio-frequency devices.
Need: Part 2 rules establish the allocations for spectrum use.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.106 Table of Frequency Allocations.
Subpart J--Equipment Authorization Procedures
Brief Description: Section 2.1093 specifies which portable devices
must undergo radiofrequency (RF) radiation exposure evaluation and
2.1093(c) specifies how that evaluation must be done.
Need: These rules are needed to satisfy the Commission's
responsibilities under the National Environmental Policy Act to
evaluate the environmental significance of its actions and to minimize
the chance of harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.1093(c) Radiofrequency radiation exposure evaluation: portable
devices.
Subpart K--Importation of Devices Capable of Causing Harmful
Interference
Brief Description: Section 2.1204 specifies the conditions under
which RF devices may be imported into the United States. Section
2.1204(a)(9) governs medical implant transmitters, specifying that
these devices must either comply with the Part 95 rules or be only for
the personal use of the person in whom the device has been inserted or
on whom the body-worn device is applied.
Need: These rules are needed to prevent unauthorized and non-
complaint RF devices from being imported into the United States and
causing harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, and 336.
Section Number and Title:
2.1204(a)(9) Import conditions.
PART 4--DISRUPTIONS TO COMMUNICATIONS
Brief Description: These rules expanded the Commission's existing
Part 4 outage reporting requirement to include a new class of
providers--Interconnected Voice over internet Protocol. They also
provide for the appropriate thresholds for outage impact and duration
to trigger reporting obligations to the Commission.
Need: These provisions support the Commission's statutory
obligations to ensure the public safety can make
[[Page 66235]]
emergency calls by ensuring the integrity and reliability of the
Nation's communications networks and the service those in need use to
reach 911. The expansion and continued use of IP-based voice protocols
for consumer calling, particularly in emergencies, underscores the
relevance of these provisions.
Legal Basis: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155,
201, 251, 307, 316, 615a-1, 1302(a), and 1302(b).
Section Number and Title:
4.3 Communications Providers Covered by the Requirements of this
Part.
4.7 Definitions of metrics used to determine the general outage-
reporting threshold criteria.
4.9 Outage reporting requirements--threshold criteria.
PART 6--ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS
EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH
DISABILITIES
Subpart A--Scope--Who must comply with these rules?
Brief Description: Part 6, subpart A implements section 255 of the
Telecommunications Act to ensure that people with disabilities have
access to telecommunications services and related equipment, if readily
achievable. These rules increase the accessible products and services
available in the marketplace. section 255 of the Act requires
manufacturers of ``telecommunications equipment or customer premises
equipment'' to ensure that such equipment is accessible to and usable
by individuals with disabilities, if readily achievable, and requires
providers of a ``telecommunications service'' to ensure that the
service is accessible to and usable by individuals with disabilities,
if readily achievable. In 2007, the rules were amended by adding
paragraphs (d) and (e) to Sec. 6.1, extending those disability access
requirements that applied to telecommunications service providers and
equipment manufacturers under section 255 of the Act and 47 CFR part 6,
to providers of ``interconnected Voice over internet Protocol (VoIP)
services,'' as defined by the Commission, and to manufacturers of
specially designed equipment used to provide those services.
Need: The added rules extend the disability access requirements
that applied to telecommunications service providers and equipment
manufacturers under section 255 of the Communications Act of 1934, as
amended, to providers of ``interconnected Voice over internet Protocol
services,'' as defined by the Commission, and to manufacturers of
specially designed equipment used to provide those services.
Legal Basis: 47 U.S.C. 151-154, 251, 255, and 303(r).
Section Number and Title:
6.1(d) Applicability.
6.1(e) Applicability.
Subpart B--Definitions
Brief Description: Part 6, Subpart B implements sections 251 and
255 of the Communications Act of 1934, as amended. In adopting section
255, Congress sought to ensure that all Americans, including Americans
with disabilities, benefit from advances in telecommunications services
and equipment. Section 255 requires providers of telecommunications
services and manufacturers of telecommunications equipment or customer
premises equipment to ensure that such services and equipment are
accessible to and usable by individuals with disabilities, if readily
achievable. Section 251(a)(2) of the Act prohibits telecommunications
carriers from installing network features, functions, or capabilities
that do not comply with the guidelines and standards established
pursuant to section 255. These rules clarify who must comply with
requirements covering telecommunications equipment and services and
define certain terms related to those manufacturers and service
providers to which the rules apply.
Need: The rules are intended to facilitate communication by persons
with disabilities by ensuring that all commonly used communications
equipment and services are available to and accessible by individuals
with disabilities, including recently developed equipment and services,
such as equipment and service used with Voice over internet Protocol
(VoIP).
Legal Basis: 47 U.S.C. 151, 152, 251, 255, and 303(r).
Section Number and Titles:
6.3(c), (e), (j), (k) Definitions.
PART 8--INTERNET FREEDOM
Brief Description: Section 8.11(a) provides a definition of
``broadband internet access service;'' Sec. 8.11(d) provides a
definition of ``reasonable network management practices.''
Need: These definitions are needed in connection with Commission
programs such as the Broadband Data Collection.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 201, 218, 230, 251, 254,
256, 257, 301, 303, 304, 307, 309, 316, 332, 403, 503, 522, 536, 548,
and 1302.
Section Number and Title:
8.11(a), (d) Transparency.
PART 10--WIRELESS EMERGENCY ALERTS
Subpart A--General Information
Brief Description: These rules provide the parameters for wireless
service providers to implement the statutory Commercial Mobile Alert
System (CMAS), now referred to as Wireless Emergency Alerts (WEA),
including relevant timeframes and technical parameters associated with
WEA infrastructure, messaging support, alert tones and similar.
Need: These provisions support the operation of WEA--a statutory
component of the Nation's alert and warning system and help ensure the
timely and accurate transmission of wireless alerts and warnings.
Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the
WARN Act.
Section Number and Title:
10.20 Purpose.
10.10 Definitions.
10.11 CMAS Implementation Timeline.
Subpart C--System Architecture
10.320 Provider Alert Gateway Requirements.
10.330 Provider Infrastructure Requirements.
Brief Description: These rules support the operational changes
necessary and the implementation/testing requirements for the
Commercial Mobile Alert System (CMAS), now known as Wireless Emergency
Alerts (WEA)--a statutory component of the Nation's alert and warning
system. They direct the installation of necessary equipment, and
prescribe the parameters for testing the system and keeping record of
its operation.
Need: These provisions support the operation of WEA--a statutory
component of the Nation's alert and warning system and help ensure the
timely and accurate transmission of wireless alerts and warnings.
Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the
WARN Act.
Section Number and Title:
10.340 Digital Television Transmission Towers Retransmission
Capability
10.350 CMAS Testing Requirements
[[Page 66236]]
Subpart D--Alert Message Requirements
Brief Description: These rules provide the parameters for wireless
service providers to implement the statutory Commercial Mobile Alert
System (CMAS), now referred to as Wireless Emergency Alerts (WEA),
including relevant timeframes and technical parameters associated with
WEA infrastructure, messaging support, alert tones and similar.
Need: These provisions support the operation of WEA--a statutory
component of the Nation's alert and warning system and help ensure the
timely and accurate transmission of wireless alerts and warnings.
Legal Basis: 47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and
606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the
WARN Act.
Section Number and Title:
10.400 Classification.
10.410 Prioritization.
10.420 Message Elements.
10.430 Character Limit.
10.440 Embedded Reference Prohibition.
10.450 Geographic Targeting.
10.470 Roaming.
Subpart E--Equipment Requirements
Section Number and Title:
10.500 General Requirements.
10.510 Call preemption prohibition.
10.520 Common Audio Attention Signal.
10.530 Common Vibration Cadence.
PART 11--EMERGENCY ALERT SYSTEM (EAS)
Subpart A--General
Brief Description: Part 11 sets forth the rules governing the
Emergency Alert System (EAS).
Need: The rules are needed to implement the Commission's policies
and requirements concerning the EAS, which provides Federal, State,
local, territorial, and Tribal government agencies with the capability
to provide immediate communications and information to the general
public regarding emergency situations. EAS is a system for distributing
emergency alerts by transmitting audio and visual messages over the
facilities of radio and television broadcasters, cable service
providers, direct broadcast satellite providers, and other
participating entities.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, and 1206.
Section Number and Title:
11.2 Definitions.
11.11(a), (d) The Emergency Alert System (EAS).
11.21(a) State and Local Area Plans and FCC Mapbook.
Subpart B--Equipment Requirements
Brief Description: EAS uses a four-part message for an emergency
activation of the EAS. The four parts are: Preamble and EAS Header
Codes; audio Attention Signal; message; and Preamble and EAS End of
Message (EOM) Codes. Subpart B outlines the equipment requirements to
provide the service.
Need: These amendments specify up-to-date technology to ensure that
EAS messages are provided seamlessly, promptly, and accurately.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, and 1206.
Section Number and Title:
11.31 (c), (e), (f) EAS Protocol.
11.32 (a)(2), (a)(3), (a)(9)(iv) EAS Encoder.
11.33 (a) introductory text, (a)(1), (a)(4), (a)(7), (a)(11) EAS
Decoder.
11.34(d) Acceptability of the equipment.
11.35(a), (b) Equipment operational readiness.
Subpart C--Organization
Brief Description: Entities that wish to voluntarily participate in
the national level EAS may submit a written request to the Chief,
Public Safety and Homeland Security Bureau. Subpart C provides the
regulatory organization for EAS.
Need: The revision provides that All EAS Participants specified in
Sec. 11.11 are categorized as Participating National (PN) sources and
must have immediate access to an EAS Operating Handbook.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, and 1206.
Section Number and Title:
11.41 Participation in EAS.
Subpart D--Emergency Operations
Brief Description: Analog and digital broadcast stations must
transmit, either automatically or manually, national level EAS messages
and required tests by sending the EAS header codes, Attention Signal,
emergency message and End of Message (EOM) codes using the EAS
Protocol. Subpart D outlines Emergency operations.
Need: The revisions provide for modernizing the EAS to make it
capable of processing Common Alerting Protocol (CAP) formatted alert
messages is necessary and consistent with the Commission's statutory
goals, because a CAP-based EAS will be more flexible and robust than
the current system. In this regard, we observe that the rules we adopt
today will integrate the EAS with the Federal Emergency Management
Agency's (FEMA) Integrated Public Alert and Warning System (IPAWS).
This will allow authorized alert initiators to issue alerts that will
be delivered simultaneously by the EAS as well as the Personal
Localized Alerting Network (PLAN). A CAP-based EAS will also be
compatible with the many State alerting systems that are switching to
CAP.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, and 1206.
Section Number and Title:
11.51(a), (c), (d), (g)(3), (h)(3), (i), (j) introductory text,
(j)(2), (m), (p) EAS code and Attention Signal Transmission
requirements.
11.52(a), (d), (e) introductory text, (e)(2) EAS code and Attention
Signal Monitoring requirements.
11.54 EAS operation during a National Level emergency.
11.55(a), (c) introductory text, (c)(3) and (4), (c)(7) and (8),
(d) EAS operation during a State or Local Area emergency.
11.56 Obligation to process CAP-formatted EAS messages.
Subpart E--Tests
Brief Description: Subpart E sets forth the rules governing testing
of the Emergency Alert System (EAS).
Need: The EAS is subject to weekly and monthly tests at the State
and local level, such tests may not expose vulnerabilities in
functioning or gaps in nationwide coverage. For example, EAS PEP
station operational and maintenance requirements are the responsibility
of FEMA, which tests the PEP stations but typically does not test other
stations. The NWS tests its own National Weather Radio (NWR) facilities
independently or as integrated with State and local level emergency
alert delivery architectures, but again, its focus is solely on the
proper operation of NWS/NWR facilities as those facilities interact
with State and local EAS architectures. State EOC facilities are
maintained by their respective State officials. None of these entities
has been responsible for ``top-to-bottom'' national testing of EAS.
Sections 11.61 (a), (a)(1)(i), (a)(2)(ii), (a)(3), and (b) provide for
more complete testing including end to end testing.
Legal Basis: 47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606,
1201, and 1206.
Section Number and Title:
11.61(a) introductory text, (a)(1)(i), (a)(2)(ii), (a)(3), (b)
Tests of EAS procedures.
[[Page 66237]]
PART 14--ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT
BY PEOPLE WITH DISABILITIES
Subpart A--Scope
Brief Description: Part 14 implements the requirements of section
716 of the Communications Act of 1934, as amended, which requires
providers of advanced communication services (ACS) and manufacturers of
equipment used for ACS to make their products accessible to people with
disabilities, unless accessibility is not achievable. The Commission
also adopts rules to implement section 717 of the Communications Act of
1934, as amended, which requires the Commission to establish new
recordkeeping and enforcement procedures for manufacturers and
providers subject to sections 255, 716 and 718. Part 14 requires
manufacturers and service providers subject to section 716 to comply
with the requirements of section 716 either by building accessibility
features into their equipment or service or by relying on third party
applications or other accessibility solutions. If accessibility is not
achievable by building in accessibility or relying on third party
applications or other accessibility solutions, manufacturers and
service providers must make their products compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless that is
not achievable. Part 14 includes a temporary self-executing exemption
for small businesses to avoid the possibility of unreasonably burdening
small and entrepreneurial innovators during the initial compliance
period. Part 14 also establishes procedures to facilitate the filing of
formal and informal complaints.
Need: Part 14 implements Congress' mandate that people with
disabilities have access to advanced communications services (ACS) and
ACS equipment. Specifically, these rules implement sections 716 and 717
of the Communications Act of 1934, as amended, which were added by the
``Twenty-First Century Communications and Video Accessibility Act of
2010'' (CVAA). ACS plays a fundamental role in today's world, and these
rules remain necessary to ensure that people with disabilities can
access ACS services and equipment to fully participate in business,
family, social, and other activities. The temporary self-executing
exemption for small businesses expired on October 8, 2013, is no longer
needed and may be deleted.
Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616,
617, and 618.
Section Number and Titles:
14.1 Applicability.
14.2 Limitations.
14.3 Exemption for Customized Equipment or Services.
14.4 Exemption for Small Entities.
14.5 Waivers--Multi-purpose Services and Equipment.
Subpart B--Definitions
Brief Description: Part 14 implements the requirements of section
716 of the Communications Act of 1934, as amended, which requires
providers of advanced communication services (ACS) and manufacturers of
equipment used for ACS to make their products accessible to people with
disabilities, unless accessibility is not achievable. The Commission
also adopts rules to implement section 717 of the Communications Act of
1934, as amended, which requires the Commission to establish new
recordkeeping and enforcement procedures for manufacturers and
providers subject to sections 255, 716 and 718. Part 14 requires
manufacturers and service providers subject to section 716 to comply
with the requirements of section 716 either by building accessibility
features into their equipment or service or by relying on third party
applications or other accessibility solutions. If accessibility is not
achievable by building in accessibility or relying on third party
applications or other accessibility solutions, manufacturers and
service providers must make their products compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless that is
not achievable. Part 14 also establishes procedures to facilitate the
filing of formal and informal complaints.
Need: Part 14 implements Congress' mandate that people with
disabilities have access to advanced communications services (``ACS'')
and ACS equipment. Specifically, these rules implement sections 716 and
717 of the Communications Act of 1934, as amended, which were added by
the ``Twenty-First Century Communications and Video Accessibility Act
of 2010'' (CVAA). ACS plays a fundamental role in today's world, and
these rules remain necessary to ensure that people with disabilities
can access ACS services and equipment to fully participate in business,
family, social, and other activities.
Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616,
617, and 618.
Section Number and Titles:
14.10 Definitions.
Subpart C--Implementation Requirements--What must covered entities
do?
Brief Description: Part 14 implements the requirements of section
716 of the Communications Act of 1934, as amended, which requires
providers of advanced communication services (ACS) and manufacturers of
equipment used for ACS to make their products accessible to people with
disabilities, unless accessibility is not achievable. The Commission
also adopts rules to implement section 717 of the Communications Act of
1934, as amended, which requires the Commission to establish new
recordkeeping and enforcement procedures for manufacturers and
providers subject to sections 255, 716 and 718. Part 14 requires
manufacturers and service providers subject to section 716 to comply
with the requirements of section 716 either by building accessibility
features into their equipment or service or by relying on third party
applications or other accessibility solutions. If accessibility is not
achievable by building in accessibility or relying on third party
applications or other accessibility solutions, manufacturers and
service providers must make their products compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless that is
not achievable. Part 14 also establishes procedures to facilitate the
filing of formal and informal complaints.
Need: Part 14 implements Congress' mandate that people with
disabilities have access to advanced communications services (ACS) and
ACS equipment. Specifically, these rules implement sections 716 and 717
of the Communications Act of 1934, as amended, which were added by the
``Twenty-First Century Communications and Video Accessibility Act of
2010'' (CVAA). ACS plays a fundamental role in today's world, and these
rules remain necessary to ensure that people with disabilities can
access ACS services and equipment to fully participate in business,
family, social, and other activities.
Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616,
617, and 618.
Section Number and Titles:
14.20 Obligations.
14.21 Performance Objectives.
[[Page 66238]]
Subpart D--Recordkeeping, Consumer Dispute Assistance, and
Enforcement
Brief Description: Part 14 implements the requirements of section
716 of the Communications Act of 1934, as amended, which requires
providers of advanced communication services (ACS) and manufacturers of
equipment used for ACS to make their products accessible to people with
disabilities, unless accessibility is not achievable. The Commission
also adopts rules to implement section 717 of the Communications Act of
1934, as amended, which requires the Commission to establish new
recordkeeping and enforcement procedures for manufacturers and
providers subject to sections 255, 716 and 718. Part 14 requires
manufacturers and service providers subject to section 716 to comply
with the requirements of section 716 either by building accessibility
features into their equipment or service or by relying on third party
applications or other accessibility solutions. If accessibility is not
achievable by building in accessibility or relying on third party
applications or other accessibility solutions, manufacturers and
service providers must make their products compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless that is
not achievable. Part 14 also establishes procedures to facilitate the
filing of formal and informal complaints.
Need: Part 14 implements Congress' mandate that people with
disabilities have access to advanced communications services (``ACS'')
and ACS equipment. Specifically, these rules implement sections 716 and
717 of the Communications Act of 1934, as amended, which were added by
the ``Twenty-First Century Communications and Video Accessibility Act
of 2010'' (CVAA). ACS plays a fundamental role in today's world, and
these rules remain necessary to ensure that people with disabilities
can access ACS services and equipment to fully participate in business,
family, social, and other activities.
Legal Basis: 47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616,
617, and 618.
Section Number and Titles:
14.30 Generally.
14.31 Recordkeeping.
14.32 Consumer Dispute Assistance.
14.33 Informal or formal complaints.
14.34 Informal complaints; form, filing, content, and consumer
assistance.
14.35 Procedure; designation of agents for service.
14.36 Answers and replies to informal complaints.
14.37 Review and disposition of informal complaints.
14.38 Formal Complaints; General pleading requirements.
14.39 [superseded by subpart E of part 1, 1.722] Format and content
of formal complaints.
14.40 [superseded by subpart E of part 1, 1.723] Damages.
14.41 [superseded by subpart E of part 1, 1.725] Joinder of
complainants and causes of action.
14.42 [superseded by subpart E of part 1, 1.726]
14.43 [superseded by subpart E of part 1, 1.727] Cross-complaints
and counterclaims.
14.44 [superseded by subpart E of part 1, 1.728] Replies.
14.45 [superseded by subpart E of part 1, 1.729] Motions.
14.46 [superseded by subpart E of part 1, 1.721(r) and (s)] Formal
complaints not stating a cause of action; defective pleadings.
14.47 [superseded by subpart E of part 1, 1.730] Discovery.
14.48 [superseded by subpart E of part 1, 1.731] Confidentiality of
information produced or exchanged by the parties.
14.49 [superseded by subpart E of part 1, 1.732] Other required
written submissions.
14.50 [superseded by subpart E of part 1, 1.733] Status conference.
14.51 [superseded by subpart E of part 1, 1.49 through 1.52]
Specifications as to pleadings, briefs, and other documents;
subscription.
14.52 [superseded by subpart E of part 1, 1.734] Copies; service;
separate filings against multiple defendants.
PART 15--RADIO FREQUENCY DEVICES
Subpart A--General
Brief Description: These rules set forth the definitions for
various terms and the measurement procedures that must be used to
determine whether devices comply with the Commission's RF emissions
limits. These rules cover, among other devices, Broadband Power Line
(BPL) devices, Unlicensed Personal Communications Service (UPCS)
devices, and field disturbance sensors.
Need: These rules are needed to allow operators of devices,
including Broadband Power Line (BPL) devices, Unlicensed Personal
Communications Service (UPCS) devices, and field disturbance sensors,
to accurately measure and determine whether their devices comply with
the Commission's RF emissions limits.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
Section Number and Title:
15.3(hh) Definitions.
15.31(a)(2), (f)(2) and (3) Measurement standards.
15.35(b) Measurement detector functions and bandwidths.
15.38 Incorporation by reference.
Subpart C--Intentional Radiators
Brief Description: Section 15.212 defines the different types of
modular transmitters and sets forth the requirements for obtaining
approval for these devices under Part 15 of the Commission's rules.
Need: These rules are needed to provide efficient equipment
authorization procedures for modular transmitter devices, enabling
manufacturers to develop more advanced unlicensed transmitter
technologies without causing harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
Section Number and Title:
15.212 Modular transmitters.
Subpart D--Unlicensed Personal Communications Service Devices
Brief Description: These rules set forth general technical
requirements for Unlicensed Personal Communications Service (UPCS)
devices, and specific requirements for UPCS devices operating in the
1920-1930 MHz band.
Need: These rules are needed to ensure UPCS devices operate as
intended and do not cause harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
Section Number and Title:
15.319(b) General technical requirements.
15.323(a), (c)(5), (d), (e) Specific requirements for devices
operating in the 1920-1930 MHz band.
Subpart G--Access Broadband Over Power Line (Access BPL)
Brief Description: Section 15.611 sets forth general technical
requirements for Broadband Power Line (BPL) systems. Paragraph (c) of
this section specifies the interference mitigation and avoidance
requirements for BPL systems. Paragraph (c)(1)(i) of this section
clarifies that for frequencies below 30 MHz, when a notch filter is
used to avoid interference to a specific band, the BPL system must be
capable of attenuating emissions within that band to a level at least
25 dB below the applicable part 15 limits.
[[Page 66239]]
Need: This rule clarifies what steps a Broadband Power Line (BPL)
system operator must take to avoid causing harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and
549.
Section Number and Title:
15.611(c)(1)(i) General technical requirements.
Subpart H--White Space Devices
Brief Description: These rules specify how White Space Devices may
operate safely in certain bands. These rules cover the scope of subpart
H, definitions, cross references, user information, permissible
channels of operation, general technical requirements, interference
avoidance methods, interference protection requirements, white space
databases, database administration fees, database administrators, and
white space devices that rely on spectrum sensing.
Need: These rules enable white space devices to operate on an
unlicensed basis using television channels that are vacant in certain
markets without causing harmful interference.
Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
Section Number and Title:
15.701 Scope.
15.703 Definitions.
15.705 Cross reference.
15.706 Information to the user.
15.707 Permissible channels of operation.
15.709 General technical requirements.
15.711 Interference avoidance methods.
15.712 Interference protection requirements.
15.713 White space database.
15.714 White space database administration fees.
15.715 White space database administrator.
15.717 White space devices that rely on spectrum sensing.
PART 20--COMMERICAL MOBILE SERVICES
Brief Description: Part 20 rules set forth the Commission's
requirements and conditions for commercial mobile radio service
providers under the Communications Act of 1934, as amended. Section
20.12(d) requires host carriers to provide automatic roaming to
technologically compatible, facilities-based CMRS carriers on
reasonable and not unreasonably discriminatory terms and conditions.
Sections 20.12(a)(3) and (e) require facilities-based providers of
commercial mobile data services to offer roaming arrangements to other
such providers on commercially reasonable terms, subject to certain
limitations. Section 20.19 requires wireless handset manufacturers and
terrestrial mobile service providers to make available to consumers a
minimum number of handsets that meet specified technical criteria for
hearing aid compatibility and to disclose certain information to
consumers about a handset's hearing aid compatibility.
Need: Section 20.12 is needed on an ongoing basis to implement the
Commission's interconnection regulations between local exchange
carriers and commercial mobile radio providers. Section 20.19 is needed
on an ongoing basis to ensure reasonable access to commercial mobile
services by persons with impaired hearing, as required under 47 U.S.C.
610.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214,
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309,
309(j)(3), 316, 316(a), 332, 610, 615, 615(a), 615(b), and 615(c),
unless otherwise noted.
Section Number and Title:
20.12(a)(3), (d), (e) Resale and roaming.
20.19(a)(3)(i), (b)(3), (c) introductory text, (c)(1)(ii)(C),
(e)(1)(ii) and (iii), (f)(2) introductory text, (f)(2)(iii), (f)(3),
(l) Hearing aid-compatible mobile handsets.
PART 25--SATELLITE COMMUNICATIONS
Subpart B--Applications and Licenses
Brief Description: Part 25 contains the Commission's rules
governing the licensing and operation of space stations and earth
stations. It includes application requirements, technical requirements,
operational requirements, and coordination requirements for various
satellite services. The rules also define the Commission's processing
of applications.
Need: Part 25 rules are needed to ensure that satellite services
may be provided without harmful interference and consistent with the
public interest.
Legal Basis: 47 U.S.C. 154, 157, 301, 302, 303, 307, 309, 310, 316,
319, 332, 605, and 701-744.
Section Number and Title:
25.114 Applications for space station authorizations.
25.115 Applications for earth station authorizations,
25.130 Filing requirements for transmitting earth stations.
25.132 Verification of earth station antenna performance standards.
25.134 Licensing provisions of Very Small Aperture Terminal (VSAT)
and C-band Small Aperture Terminal (CSAT) networks.
25.138 Blanket Licensing provisions of GSO FSS Earth Stations in
18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-
28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.
25.149 Application requirements for ancillary terrestrial
components in Mobile-Satellite Service networks operating in the 1.5/
1.6 GHz and 1.62/2.4 GHz Mobile Satellite Service.
25.201 Definitions.
Subpart C--Technical Standards
25.202 Frequencies, frequency tolerance and emission limits.
25.203 Choice of sites and frequencies.
25.204 Power limits for earth stations.
25.205 Minimum antenna elevation angle.
25.209 Earth station antenna performance standards.
25.212 Narrowband analog transmissions, digital transmissions, and
video transmissions in the GSO Fixed-Satellite Services.
25.218 Off-axis EIRP density envelopes for FSS earth station
transmitting in certain frequency bands.
25.220 Non-routine transmit/receive earth station operations.
25.221 Blanket Licensing provisions for Earth Stations on Vessels
(ESVs) receiving in the 3700-4200 MHz (space-to-Earth) band and
transmitting in the 5925-6425 MHz (Earth-to-space) band, operating with
GSO Satellites in the Fixed-Satellite Service.
25.222 Blanket Licensing provisions for Earth Station on Vessels
(ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and
transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band,
operating with Geostationary Orbit (GSO) Satellites in the Fixed-
Satellite Service.
25.226 Blanket licensing provisions for domestic, U.S. VMESs
operating with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7
GHz, 11.7-12.2 GHz, and 14.0-14.5 GHz bands.
25.254 Special requirements for ancillary terrestrial components
operating in the 1610-1626.5 MHz/2483-2500 MHz bands.
25.264 Requirements to facilitate reverse-band operation in the
17.3-17.8 GHz band of 17/24 GHz BSS and DBS Service space stations.
Subpart D--Technical Operations
25.271 Control of transmitting stations.
[[Page 66240]]
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
Subpart B--Applications and Licenses
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart B establishes
application and licensing requirements applicable to a number of
spectrum bands, including among others, 700 MHz (698-746, 746-758, 775-
788, and 805-806 MHz); Advanced Wireless Service (AWS) (1710-1755,
2110-2155, 1695-1710, 1755-1780, and 2155-2180 MHz); Broadband Radio
Service (BRS) and Educational Broadband Service (EBS) (2150-2160 and
2496-2690 MHz); and Wireless Communications Service (WCS) (2305-2320
and 2345-2360 MHz).
Need: The revised rules specify license periods for BRS and EBS
(27.13 (h)); construction requirements for 700 MHz, BRS and EBS, and
WCS (27.14 (g)-(p)); and network access requirements for Block C in the
746-757 and 776-787 MHz bands (27.16). The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.
Section Number and Title:
27.13(h) License period.
27.14(g) through (p) Construction requirements.
27.16 Network access requirements for Block C in the 746-757 and
776-787 MHz bands.
Subpart C--Technical Standards
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart C contains
technical standards applicable to a number of services and frequency
bands.
Need: The additional rules provide for: (1) permissible power and
antenna heights; (2) emission limitations; (3) Power flux density
limits; (4) efficient deployment of and coexistence between WCS
licensees and SDARS licensees; and (5) WCS licensees to take all
practicable steps necessary to minimize the risk of harmful
interference to AMT and DSN facilities. The need for these rules is on-
going.
Legal Basis: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452.
Section Number and Title:
27.50 Table 2, Table 3, Table 4--Permissible Power and Antenna
Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-
763 MHz, 776-787 MHz and 788-793 MHz Bands.
27.53(d), (e)(1) through (5) Emission limits.
27.55(c) Power strength limits.
27.72 Information sharing requirements.
27.73 WCS, AMT, and Goldstone coordination requirements.
Subpart M--Broadband Radio Service and Educational Broadband
Service
Brief Description: Part 27 contains service and licensing rules for
Miscellaneous Wireless Communications Services. Subpart M contains
specific rules applicable to the Broadband Radio Service (BRS) and
Educational Broadband Service (EBS) that operate in the 2500-2690 MHz
band.
Need: The rules establish competitive bidding and designated entity
rules for BRS and EBS. The need for these rules is ongoing.
Legal Basis: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.
Section Number and Title:
27.1217 Competitive bidding procedures for the Broadband Radio
Service and the Educational Broadband Service.
27.1218 Broadband Radio Service designated entity provisions.
PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES,
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES
Subpart A--General
Brief Description: Section 36.4 sets out streamlining procedures
for processing petitions for waiver of the Commission's freeze of Local
Exchange Carrier study area boundaries.
Need: These rules enable the Commission to more efficiently and
effectively process petitions for waiver of the study area freeze.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303(r), 332, 403, and 1302, and Sec. Sec. 1.1 and
1.1421 of the Commission's rules, 47 CFR 1.1, 1.421.
Section Number and Title:
36.4 Streamlining procedures for processing petitions for waiver of
study area boundaries.
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF
INTERNATIONAL INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES
AND CERTAIN AFFILIATES
Brief Description: Part 43 sets forth reporting requirements for
common carriers. During the relevant review period, the Commission
eliminated the following outdated and unnecessary reporting
requirements related to international telecommunications traffic for
which the burdens on U.S. international service providers now outweigh
the benefits: (1) the quarterly traffic and revenue reports for large
carriers; (2) the quarterly traffic and revenue reports for foreign-
affiliated switched resale carriers; (3) the circuit-addition report
for carriers that have been certified as resellers of private lines;
(4) the telegraph toll division report for carriers that provide
international telegraph service; and (5) the requirement for carriers
holding international section 214 authorizations to file a traffic and
revenue report or circuit-status report for traffic between the
continental United States and off-shore U.S. points (e.g., Guam or the
U.S. Virgin Islands) or between off-shore U.S. points, or to file
separate reports for off-shore U.S. points.
Need: In modifying its rules, the Commission ensures that its data
collections match its data needs while avoiding unnecessary or
excessive burdens on entities subject to Commission authority.
Legal Basis: 47 U.S.C. 35-39, 154, 211, 219, and 220.
43.53 [Removed] Reports regarding division of international toll
communication charges.
43.61(a) through (c) [Removed] Reports of international
telecommunications traffic.
43.82(a) International circuit status report.
PART 51--INTERCONNECTION
Subpart H--Reciprocal Compensation for Transport and Termination of
Telecommunications Traffic
Brief Description: The purpose of Subpart H is to establish rules
governing the transition of intercarrier compensation from a calling-
party's-network pays system to a default bill-and-keep methodology--and
confirms that, after the transition, the exchange of telecommunications
traffic between and among service providers will, by default, be
governed by bill-and-keep arrangements.
[[Page 66241]]
Need: Theses rules establish the context for Subpart H and support
the implementation of bill-and-keep as the ultimate uniform, national
methodology for all telecommunications traffic exchanged with a Local
Exchange Carrier.
Legal Basis: 47 U.S.C. 151-55, 157, 201-05, 207-09, 218, 220, 225-
227, 251-254, 256, 271, 303(r), 332, and 1302, 47 U.S.C. 157 note,
unless otherwise noted.
Section Number and Title:
51.700 Purpose of this subpart.
51.701(b)(3) Scope of transport and termination pricing rules.
Subpart J--Transitional Access Service Pricing
Brief Description: Sections 51.901 through 51.919 govern the
transition of intercarrier compensation from a calling-party's-network
pays system to a default bill-and-keep methodology for
telecommunications traffic exchanged between telecommunications
providers; that is interstate or intrastate exchange access,
information access, or exchange services for such access, other than
special access.
Need: Theses rules facilitate implementation of bill-and-keep as
the national methodology for all telecommunications traffic exchanged
between telecommunications providers; that is interstate or intrastate
exchange access, information access, or exchange services for such
access, other than special access.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303(r), 332, 403, and 1302; 47 CFR 1.1, 1.421
Section Number and Title:
51.901 Purpose and scope of transitional access service pricing
rules.
51.903 Definitions.
51.905 Implementation.
51.907 Transition of price cap carrier access charges.
51.909 Transition of rate-of-return carrier access charges.
51.911 Access reciprocal compensation rates for competitive LECs.
51.913 Transition for VoIP-PSTN traffic.
51.915 Recovery mechanism for price cap carriers.
51.917 Revenue recovery for Rate-of-Return Carriers.
51.919 Reporting and monitoring.
PART 52--NUMBERING
Subpart C--Number Portability
Brief Description: Section 52.23(h) establishes requirements for
porting telephone numbers from a wireline carrier to a wireless
carrier. Section 52.34 establishes obligations regarding local number
porting to and from interconnected VoIP or internet-based TRS
providers. Section 52.35 establishes porting intervals when
transferring a customer's telephone number between two wireline
providers; a wireline and wireless provider; or an interconnected Voice
over internet Protocol (VoIP) provider and any other service provider.
Section 52.36 specifies standard data fields that may be required from
customers for simple port order processing.
Need: These rules facilitate prompt transfers of telephone numbers
by standardizing the data to be exchanged when transferring a
customer's telephone number between two wireline providers; a wireline
and wireless provider; or an interconnected Voice over internet
Protocol (VoIP) provider and any other service provider. The rules also
mandate one-business day porting intervals to ensure that consumers are
able to port their telephone numbers efficiently and to enhance
competition for all communications services.
Legal Basis: 47 U.S.C. 151, 154(i)-(j), 251, and 303(r).
Section Number and Title:
52.23(h) Deployment of long-term database methods for number
portability by LECs.
52.35 Porting intervals.
52.36 Standard data fields for simple port order processing.
PART 54--UNIVERSAL SERVICE
Subpart D--Universal Service Support for High Cost Areas
Brief Description: Section 54.302 establishes a per-line limit on
universal service monthly support. The provisions in section 54.304
govern data submission requirements for, and payment of CAF ICC support
to, eligible rate-of-return and price-cap carriers. Section 54.307(e)
establishes the current methodology for determining Competitive
Eligible Telecommunications Carrier high-cost support. Section 54.312
sets out rules for legacy high-cost support in price-cap territories
before, during and after the Connect America Fund Phase II and Rural
Digital Opportunity Fund Phase I auctions.
Need: These rule sections specify reporting and payment processes
integral to the Commission's high-cost program.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303I, 332, 403, and 1302.
Section Number and Title:
54.302 Monthly per-line limit on universal service support.
54.304 Administration of Connect America Fund Intercarrier
Compensation Replacement.
54.307(e) Support to a competitive eligible telecommunications
carrier.
54.312 Connect America Fund for Price Cap Territories--Phase I.
Subpart E--Universal Service Support for Low-Income Consumers
Brief Description: Section 54.404 details requirements and
processes applicable to the National Lifeline Accountability Database,
which allows service providers to enroll Lifeline eligible consumers in
the program and manage their subscribers. Section 54.405(e) details the
process for Eligible Telecommunications Carriers to de-enroll a
Lifeline subscriber where there is a reasonable basis for the ETC to
believe that the subscriber no longer meets the criteria to be
considered a qualifying low-income consumer for purposes of the
Lifeline program. Section 54.414 provides that only ETCs that receive
high-cost support may receive Link Up, specifies requirements for
determining a resident of rural Tribal lands' initial eligibility for
Link Up, and establishes recordkeeping requirements that must be met
for ETCs to receive reimbursement for providing Tribal Link Up. Section
54.419 provides that electronic signatures have the same legal effect
as written signatures for purposes of Subpart E. Section 54.420 sets
out requirements for obtaining third-party biennial audits of their
compliance with subpart E requirements. Section 54.422 establishes
annual reporting requirements applicable to ETC receiving low-income
support.
Need: These rules comprise key elements of the Lifeline and Tribal
Link Up programs, including provisions for verification of eligibility
for the programs and auditing and reporting requirements to support
Commission oversight.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303(r), 332, 403, and 1302.
Section Number and Title:
54.404 The National Lifeline Accountability Database.
54.405(e) Carrier obligation to offer Lifeline.
54.414 Reimbursement for Tribal Link Up.
54.419 Validity of electronic signatures.
54.420 Low income program audits.
[[Page 66242]]
54.422 Annual reporting for eligible telecommunications carriers
that receive. low-income support.
Subpart F--Universal Service for Rural Health Care Program
Brief Description: These rules establish the framework for the
Healthcare Connect Fund of the Rural Health Care Program, including the
criteria for what recipients, services, and equipment are deemed
eligible in the program, the requirement that health care providers
contribute to the total cost of eligible expenses, and requirements for
data collection and reporting.
Need: These rules facilitate the administration of the Health Care
Connect Fund, which provides support for high-capacity broadband
connectivity to eligible health care providers and encourages the
formation of State and regional broadband health care provider
networks.
Legal Basis: 47 U.S.C. 151, 152, 154(i)-(j), 201(b), and 254.
Section Number and Title:
54.600 Terms and definitions.
54.601(b) Health care provider eligibility.
54.602 Health care support mechanism.
54.607 (formerly 54.630) Eligible recipients.
54.609 (formerly 54.631) Designation of consortium leader.
54.610 (formerly 54.632) Letters of agency (LOA).
54.611 (formerly 54.633) Health care provider contribution.
54.612 (formerly 54.634) Eligible services.
54.613 (formerly 54.635) Eligible equipment.
54.614 (formerly 54.636) Eligible participant-constructed and owned
network facilities for consortium applicants.
54.615 (formerly 54.637) Off-site data centers and off-site
administrative offices.
54.616 (formerly 54.638) Upfront payments.
54.617 (formerly 54.639) Ineligible expenses.
54.618 (formerly 54.640) Data collection and reporting.
54.622 (formerly 54.642) Competitive bidding requirement and
exemptions.
Subpart L--Mobility Fund and 5G Fund
Brief Description: Sections 54.1001 through 54.1010 establish the
regulatory framework for the Mobility Fund--Phase I, the first
universal service mechanism dedicated to ensuring availability of
mobile broadband networks in areas where a private-sector business case
is lacking. These rules established necessary elements of the Mobility
Fund--Phase I, including the geographic areas eligible for support, the
application process, public interest obligations, and record retention
and reporting requirements.
Need: These rules were necessary to facilitate the administration
of the Mobility Fund--Phase I, which provided immediate one-time
support to accelerate the deployment of mobile broadband and voice
service to unserved areas.
Legal Basis: 47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220,
251, 252, 254, 256, 303(r), 332, 403, and 1302.
Section Number and Title:
54.1001 Mobility Fund--Phase I.
54.1002 Geographic areas eligible for support.
54.1003 Provider eligibility.
54.1004 Service to Tribal Lands.
54.1005 Application process.
54.1006 Public interest obligations.
54.1007 Letter of credit.
54.1008 Mobility Fund Phase I disbursements.
54.1009 Annual reports.
54.1010 Record retention for Mobility Fund Phase I.
PART 61--TARIFFS
Subpart B--Rules for Electronic Filing
Brief Description: These rules require electronic tariff filing,
using the Commission's Electronic Tariff Filing System, for all tariff
filers for their tariffs, tariff revisions, Base Documents, and
associated documents, including applications for special permission,
and petitions and replies to petitions against tariff filings. Sections
61.13 and 61.51 define the scope of electronic filing requirements to
apply to all issuing carries that file tariffs. Sections 61.14-61.17
establish procedures applicable to tariff filings to which electronic
filing requirements apply.
Need: By requiring all tariff filers to file electronically, these
rules create a more open, transparent, and efficient flow of
information to the public, and benefit the public, carriers, and the
Commission by creating a uniform system providing online access to all
carrier tariffs filed with the Commission.
Legal Basis: 47 U.S.C. 151, 154(i), 201-205, and 226(h)(1)(A).
Section Number and Title:
61.13 Scope.
61.14 Method of filing publications.
61.15 Letters of transmittal and cover letters.
61.16 Base documents.
61.17 Applications for special permission.
PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS
Brief Description: Part 63 sets forth, among other things, the
processes, requirements, and conditions applicable to international
section 214 applications and authorizations to provide global
facilities-based and global resale services. During the relevant review
period, the Commission modified the rules and procedures to, among
other things, reduce the notice period for the discontinuance of
international services, clarified the rules governing the provision of
international roaming service by U.S. Commercial Mobile Radio Service
(CMRS) carriers, and made changes to the de jure control of an
international section 214 authorization holder and the treatment of
asset acquisitions. The Commission also eliminated the requirement to
submit circuit-additions report.
Need: These rules provide the applicable framework and establish
the general applications, procedures, conditions, and restrictions for
the provision of U.S.-international telecommunications services.
Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218,
403, and 571, unless otherwise noted.
Section Number and Title:
63.18(e)(2) introductory text Contents of applications for
international common carriers.
63.19(a)(1) and (2) Special procedures for discontinuances of
international services.
63.23(c); (e) [Removed]; (f) redesignated as new (e) Resale-based
international common carriers.
63.24(b) note; (c) Assignments and transfers of control.
Brief Description: Sections 63.60(a), (b)(3), (e) and (g) extend to
providers of interconnected VoIP service the discontinuance obligations
that apply to domestic non-dominant telecommunications carriers under
section 214 of the Communications Act.
Need: These rule sections protect consumers of interconnected VoIP
service from abrupt discontinuance, reduction, or impairment of their
service without notice.
Legal Basis: 47 U.S.C. 151, 154(i)-(j), 214, and 303(r).
Section Number and Title:
[[Page 66243]]
63.60(a), (b)(3), (e), (g) Definitions.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Subpart F--Telecommunications Relay Services and Related Customer
Premises Equipment for Persons With Disabilities
Brief Description: Part 64, Subpart F implements section 225 of the
Communications Act of 1934, as amended. Section 225 codifies Title IV
of the Americans with Disabilities Act of 1990 (ADA) which requires
that the Commission ensure telecommunications relay services (TRS) are
available, ``to the extent possible and in the most efficient manner,''
to individuals with hearing or speech disabilities in the United
States. Section 225 defines ``TRS'' as telephone transmission services
that provide the ability for an individual who is deaf, hard of
hearing, deaf-blind, or who has a speech disability to engage in
communication by wire or radio with one or more individuals, in a
manner functionally equivalent to the ability of a hearing individual
who does not have a speech disability to communicate using voice
communication services by wire or radio. The rules provide minimum
functional, operational, and technical standards for TRS programs. The
rules give states a significant role in ensuring the availability of
TRS by treating carriers as compliant with their statutory obligations
if they operate in a state that has a relay program certified as
compliant by the Commission. The rules also establish a cost recovery
and a carrier contribution mechanism (TRS Fund) for the provision of
interstate TRS and require states to establish cost recovery mechanisms
for the provision of intrastate TRS. In 2007 and 2008, the rules were
amended by adding paragraphs (a)(3), (a)(9) (which has been
redesignated as (a)(10)), (a)(11) (which has been redesignated as
(a)(13)), (a)(12) (which has been redesignated as (a)(14)), (a)(13)
(which has been redesignated as (a)(17)), (a)(15) (which has been
redesignated as (a)(21)), (a)(17) (which has been redesignated as
(a)(22)), (a)(18) (which has been redesignated as (a)(22)), (a)(24)
(which has been redesignated as (a)(27)), (a)(25) (which has been
redesignated as (a)(28)), and (b) to Sec. 64.601 defining terms and
extending the TRS requirements contained in Sec. 64.601 to providers
of interconnected VoIP services. Section 64.605 (which has been
redesignated as Sec. 9.14) was also added to ensure that emergency
calls placed by internet-based TRS users will be routed directly and
automatically to the appropriate emergency services authorities by
internet-based TRS providers. Section 64.611 was added to (1) allow the
internet-based TRS provider to take steps to associate the internet-
based TRS user's telephone number with their IP address to allow for
the routing and completion of calls; (2) to facilitate the provision of
911 service; and (3) to facilitate the implementation of appropriate
network security measures. Furthermore, section 64.613 was added in
order to establish a uniform ten-digit numbering system for internet-
based forms of TRS: (1) a means for NANP numbers to be assigned to
internet-based TRS users and (2) a central numbering directory
mechanism that maps each NANP telephone number assigned to an internet-
based TRS user to the appropriate internet address.
Section 64.610 of Part 64, Subpart F implements the pilot National
Deaf-Blind Equipment Distribution Program (NDBEDP). The NDBEDP was
established to enable low-income individuals who are deafblind to
access Twenty-First Century communications services. The two-year pilot
program, which was extended for three additional years, helped ensure
that qualified individuals who are deafblind have specialized customer
premises equipment designed to access the internet and advanced
communications. Section 64.611(e) prohibits Video Relay Service and IP
Relay providers from assigning or issuing toll-free numbers to their
customers and requires that, upon request of a customer, VRS and IP
Relay providers transfer any already assigned toll-free numbers to a
toll-free service provider or Responsible Organization (RespOrg).
Need: The rules implementing section 225 are intended to facilitate
communication by persons with hearing or speech disabilities in order
to give full effect to the accessibility policies embodied in section
225, and to ensure that individuals with hearing or speech disabilities
receive the same quality of service as hearing individuals when they
make TRS calls, regardless of where their calls originate or terminate.
Further, the rules are designed to further the TRS functional
equivalency mandate by ensuring that internet-based TRS users can be
reached by voice telephone users in the same way that voice telephone
users are called. These rules also are intended to ensure that
emergency calls placed by internet-based TRS users will be routed
directly and automatically to the appropriate emergency services
authorities by internet-based TRS providers.
Section 64.610 implemented a provision of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (CVAA), which
allocated $10 million annually from the Interstate Telecommunications
Relay Service (TRS) Fund for this nationwide equipment distribution
effort. These rules were adopted to govern a pilot program to support
the distribution of such specialized CPE and the provision of
associated services. With the establishment of a permanent NDBEDP in
2016, 47 CFR 64.6201-64.6219, the pilot program ended, and final
accounting was completed. As a result, section 64.610 is no longer
needed and may be repealed. Section 64.611(e) promotes the use of
geographically appropriate numbers and provide iTRS customers with
access functionally equivalent to that enjoyed by hearing customers.
Legal Basis: 47 U.S.C. 151, 152, 225, and 620.
Section Number and Title:
64.601(a)(3) American Sign Language (ASL).
64.601(a)(9) [redesignated as 64.601(a)(10)] Common carrier or
carrier.
64.601(a)(11) [redesignated as 64.601(a)(13)] Default provider.
64.601(a)(12) [redesignated as 64.601(a)(14)] Default provider
change order.
64.601(a)(13) [redesignated as 64.601(a)(17)] Hearing carry over
(HCO).
64.601(a)(15) [redesignated as 64.601(a)(22)] Internet Protocol
Captioned Telephone Service (IP CTS).
64.601(a)(17) [redesignated as 64.601(a)(24)] IP Relay access
technology.
64.601(a)(18) [redesignated as 64.601(a)(25)] iTRS access
technology.
64.601(a)(24) [redesignated as 64.601(a)(30)] Original default
provider.
64.601(a)(25) [redesignated as 64.601(a)(31)] Point-to-point video
call.
64.601(b) Definitions and provisions of general applicability.
64.603(a) [cross-reference updated] Provision of Services.
64.604(a)(4) [redesignated as 47 CFR 9.14(a)], (a)(6) and (7),
(c)(5)(ii), (c)(5)(iii)(C) redesignated as (c)(5)(iii)(D)],
(c)(5)(iii)(F)(1) [cross-references updated], (c)(5)(iii)(F)(4) [cross-
references updated], (c)(5)(iii)(L) through (N), (c)(6)(i) [cross-
references updated], (c)(6)(iii)(B) [cross-references updated]
Mandatory minimum standards.
64.605 [redesignated as 47 CFR 9.14(b)] Additional Operational
[[Page 66244]]
Standards Applicable to internet-Based TRS Providers; Emergency Calling
Requirements.
64.606 [renumbered; previously 64.605] Internet-based TRS provider
and TRS program Certification.
64.607 [renumbered; previously 64.606] Furnishing related customer
premises Equipment.
64.608 [renumbered; previously 64.607] Provision of hearing aid
compatible telephones by exchange carriers.
64.609 [renumbered; previously 64.608; cross-references updated]
Enforcement of related consumer premises equipment rules.
64.610 [superseded by 64.6201 through 64.6219] Establishment of a
National Deaf-Blind Equipment Distribution Program.
64.611 internet-based TRS registration.
64.613 Numbering directory for internet-based TRS users.
Subpart L--Restrictions on Telemarketing, Telephone Solicitation,
and Facsimile Advertising
Brief Description: In compliance with the requirements of the Junk
Fax Prevention Act, the Commission amends Sec. 64.1200(a)(3) of the
Commission's rules to expressly recognize an EBR exemption from the
prohibition on sending unsolicited facsimile advertisements. (The
Commission correspondingly withdraws Sec. 64.1200(a)(3)(i) of its
rules from its existing rules, as facsimile senders will now be
permitted to send facsimile advertisements to recipients with whom they
have an EBR without first securing the recipient's written permission.)
Need: Congress mandated that the Commission issue regulations
implementing the Junk Fax Prevention Act of 2005. As set forth in the
statute, the Commission: (1) codified an established business
relationship (EBR) exemption to the prohibition on sending unsolicited
facsimile advertisements; (2) provided a definition of an EBR to be
used in the context of unsolicited facsimile advertisements that is not
limited in duration; (3) required the sender of a facsimile
advertisement to provide specified notice and contact information on
the facsimile that allows recipients to ``opt-out'' of any future
facsimile transmissions from the sender; and (4) specified the
circumstances under which a request to ``opt-out'' complies with the
Junk Fax Prevention Act of 2005.
Legal Basis: 47 U.S.C. 154, 254(k) secs. 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225,
226, 228, and 254(k) unless otherwise noted.
Section Number and Title(s):
64.1200(a), (f) revised Delivery Restrictions.
Brief Description: In a Report and Order, Rules and Regulations
Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Do-
Not-Call Registry, the Commission amends its rules under the TCPA to
require sellers and/or telemarketers to honor registrations with the
National Do-Not-Call Registry so that registrations will not
automatically expire based on the current five-year registration
period. Consistent with the Do Not Call Improvement Act of 2007 (DNC
Act), the Commission extends this requirement indefinitely to minimize
the inconvenience to consumers of having to re-register their
preferences not to receive telemarketing calls and to further the
underlying goal of the National Registry to protect consumer privacy
rights. The Commission concludes that eliminating the need for
consumers to re-register their numbers will enhance consumer privacy
protections and benefit the Federal government in administering the
National Registry. Making registrations permanent adequately balances
the need to maintain a high level of accuracy in the National Registry
with the desire to have a simple and effective means to limit unwanted
telemarketing calls.
Need: The DNC Report and Order amends the Commission's rules so
that registrations with the National Do-Not-Call Registry will not
expire after a period of five years, consistent with the DNC Act and
FTC policy. This action will benefit consumers, who will no longer be
required to re-register every five years, thereby reducing any burdens
on consumers in terms of the time and effort required to register and
the need to remember when to re-register.
Legal Basis: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub.
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 228, and 254 (k), unless otherwise noted.
Section Number and Titles:
64.1200(c)(2) introductory text revised Delivery Restrictions.
Brief Description: In this Report and Order, Rules and Regulations
Implementing the Telephone Consumer Protection Act of 1991, the
Commission requires prior express written consent for autodialed or
prerecorded telemarketing calls to wireless numbers and for prerecorded
telemarketing calls to residential lines. Second, the Commission
eliminates the ``established business relationship'' exemption as it
previously applied to prerecorded telemarketing calls to residential
lines. Third, the Commission requires telemarketers to implement an
automated, interactive opt-out mechanism for autodialed or prerecorded
telemarketing calls to wireless numbers and for prerecorded
telemarketing calls to residential lines, which would allow a consumer
to opt out of receiving additional calls immediately during a
telemarketing robocall. Fourth, the Commission requires that the
permissible three percent call abandonment rate be calculated for each
calling campaign, so that telemarketers cannot shift more abandoned
calls to certain campaigns, as is possible if calculation is made
across multiple calling campaigns. Finally, the Commission adopts an
exemption to its implementing rules under the Telephone Consumer
Protection Act (TCPA) for prerecorded health care-related calls to
residential lines, which are already regulated by the Federal Health
Insurance Portability and Accountability Act.
Need: The Commission adopts prior express written consent for
autodialed or prerecorded telemarketing calls to wireless numbers and
for prerecorded telemarketing calls to residential lines only. Limiting
the written consent requirement to telemarketing calls significantly
reduces the compliance burden for all entities, including small
entities. In adopting the written consent requirement for autodialed or
prerecorded telemarketing calls to wireless numbers and for prerecorded
telemarketing calls to residential lines, the Commission also concluded
that consent obtained pursuant to the E-SIGN Act will satisfy the
requirement of its revised rule, including permission obtained via an
email, website form, text message, telephone keypress, or voice
recording. Accepting consent pursuant to the E-SIGN Act relieves all
businesses, including small entities, from the economic impact of
generating and retaining a paper document to evidence their compliance.
Legal Basis: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L. 104-
104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225,
226, 227, 228, 254(k), 616, and 620 unless otherwise noted.
Section Number and Titles:
64.1200(a) through (c), (f) revised Delivery Restrictions. [note
that the 64.1200(a)(4)(iv) opt out requirement has been removed if
permission/consent is for the fax].
[[Page 66245]]
Subpart P--Calling Party Telephone Number; Privacy
Brief Description: These rule sections implement the Truth in
Caller ID Act of 2009,\5\ and prohibit any person or entity from
knowingly spoofing caller identification information with the intent to
defraud, cause harm, or wrongfully obtain anything of value. Sections
1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for
violations of the Truth in Caller ID Act or the Commission's rules
under the Truth in Caller ID Act. Sections 64.1600(c), (d), (g) and (h)
set out definitions used in connection with the Truth in Caller ID
rules. Section 64.1604 establishes the rule against transmission of
inaccurate or misleading caller identification information and
exceptions to the rule.
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\5\ The President signed the Truth in Caller ID Act into law on
December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-
331, codified at 47 U.S.C. 227(e).
---------------------------------------------------------------------------
Need: These rule sections carry out the Commission's statutory
obligation to implement the Truth in Caller ID Act.
Legal Basis: Section 2 of the Truth in Caller ID Act of 2009, Pub.
L. 11-331; 47 U.S.C. 151, 154(i), 154(j), 227, and 303 (r).
Section Number and Title:
64.1600(c), (d), (g), (h) Definitions.
64.1604 Prohibition on transmission of inaccurate or misleading
caller identification information.
Subpart U--Customer Proprietary Network Information
Brief Description: These rules implement increased safeguards to
the Commission's customer proprietary network information (CPNI) rule
to protect customers' CPNI against unauthorized access and disclosure.
Sections 64.2003(a), (b), (d), (m), (q), and (r) set out definitions of
key terms used in the Commission's CPNI rules. Section 64.2003(k)
extends the application of the Commission's CPNI rules to providers of
interconnected VoIP service. Section 64.2009(e) requires carriers to
file with the Commission an annual certification, including an
explanation of any actions taken against data brokers and a summary of
all consumer complaints received in the previous year regarding the
unauthorized release of CPNI. Sections 64.2010(b), (c) and (d) restrict
the release of call detail information in customer-initiated telephone
contacts, requires mandatory password protection for online account
access, and permits carriers to provide CPNI to customers based on in-
store contact with a valid photo ID, respectively.\6\ Section 64.2011
establishes a notification process for both law enforcement and
customers in the event of a CPNI breach.\7\
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\6\ The Commission proposed to amend Sec. 64.2010 to require
wireless carriers to adopt secure methods of authenticating a
customer before redirecting a customer's phone number to a new
device and to immediately notify customers whenever a subscriber
identity module (SIM) change request is made on a customers'
accounts, and sought comment on other ways to protect customers from
fraud related to SIM changes. Protecting Customers from SIM Swap and
Port-Out Fraud, WC Docket No. 21-341, Notice of Proposed Rulemaking,
36 FCC Rcd 14120 (2021).
\7\ The Commission has proposed updates to Sec. 64.2011
addressing telecommunications carriers' breach notification duties
to ensure that affected customers, the Commission, and other Federal
law enforcement agencies receive the information they need to
mitigate and prevent harm due to a breach and take action to deter
future breaches. Data Breach Reporting Requirements, WC Docket No.
22-21, Notice of Proposed Rulemaking, FCC 22-102 (2023).
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Need: These rules limit pretexters' ability to obtain unauthorized
access to personal customer information from carriers the Commission
regulates.
Legal Basis: 47 U.S.C. 151, 154(i)-(j), 222, and 303(r).
Section Number and Title:
64.2003(a), (b), (d), (m), (q), (r) Definitions.
64.2005(c)(3) Use of customer proprietary network information
without customer approval.
64.2009(e) Safeguards required for use of customer proprietary
network information.
64.2010 Safeguards on the disclosure of customer proprietary
network information.
64.2011 Notification of customer proprietary network information
security breaches.
PART 69--ACCESS CHARGES
Subpart A--General
Brief Description: These rules implement measures to address the
artificial stimulation of interstate switched access charges by
requiring carriers, or groups of carriers, that engage in access
stimulation to refile their tariffs to reflect lower rates for these
services. Sections 69.3(e)(12)(i)-(iii) require local exchange
carriers, or groups that include at least one local exchange carrier
engaged in access stimulation, to: (1) file their own access tariffs,
(2) withdraw from interstate access tariffs issued by the National
Exchange Carrier Association, and (3) give notice of their intent to
withdraw from the National Exchange Carrier Association tariffs within
45 days of beginning access stimulation. Section 69.1(d) provides that
the provisions of Part 51--Interconnection, subparts H (Reciprocal
Compensation for Transport and Termination of Telecommunications
Traffic) and J (Transitional Access Service Pricing) control in the
event of a conflict between those provisions and the provisions of part
69.
Need: These rules help to curtail access stimulation, which imposes
undue costs on consumers and inefficiently diverts capital away from
more productive uses such as broadband deployment.
Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, and
403.
Section Number and Title:
69.1(d) Application of access charges.
69.3(e)(12)(i) through (iii) Filing of access service tariffs.
PART 73--RADIO BROADCAST SERVICES
Subpart A--AM Broadcast Stations
Brief Description: These rules permit the use of computer modeling
techniques to verify that directional AM antennas perform as authorized
and reduce the time and expense associated with the license application
for a directional AM station. They were adopted collectively by the
Commission. (An Inquiry Into the Commission's Policies and Rules
Regarding AM Radio Service Directional Antenna Performance
Verification, Second Report and Order and Second Further Notice of
Proposed Rulemaking, FCC 08-228).
Need: These rules are necessary because they are consistent with
the Commission's streamlining initiatives, reduce the regulatory burden
upon directional AM stations to the extent possible while maintaining
the integrity of the service.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.61(a), (b) AM directional antenna field strength measurements.
Brief Description: This rule addresses corrective actions an AM
broadcast station licensee must take when encountering certain
difficulties in the operation of a station's AM directional antenna.
(Amendment of the Commission's Rules Regarding AM Directional Antennas,
Report and Order, FCC 07-97)
Need: These rules provide AM licensees with explicit guidance on
operating AM broadcast stations with directional antennas.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
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73.62 Directional antenna system operation and tolerances.
Brief Description: These rules permit the use of computer modeling
techniques to verify that directional AM antennas perform as authorized
and reduce the time and expense associated with the license application
for a directional AM station. They were adopted collectively by the
Commission. (An Inquiry Into the Commission's Policies and Rules
Regarding AM Radio Service Directional Antenna Performance
Verification, Second Report and Order and Second Further Notice of
Proposed Rulemaking, FCC 08-228).
Need: These rules are necessary because they are consistent with
the Commission's streamlining initiatives, reduce the regulatory burden
upon directional AM stations to the extent possible while maintaining
the integrity of the service.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.68(a) revised, (b) Sampling systems for antenna monitors.
Brief Description: These rules permit the use of computer modeling
techniques to verify that directional AM antennas perform as authorized
and reduce the time and expense associated with the license application
for a directional AM station. They were adopted collectively by the
Commission. (An Inquiry Into the Commission's Policies and Rules
Regarding AM Radio Service Directional Antenna Performance
Verification, Second Report and Order and Second Further Notice of
Proposed Rulemaking, FCC 08-228).
Need: These rules are necessary because they are consistent with
the Commission's streamlining initiatives, reduce the regulatory burden
upon directional AM stations to the extent possible while maintaining
the integrity of the service.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.151 introductory text and (c) Field strength measurements to
establish performance of directional antennas.
73.155 Directional antenna performance recertification.
Subpart B--FM Broadcast Stations
Brief Description: This rule implements procedures for allocating
new FM channels and modifying the communities of license of existing
radio stations. (Revision of Procedures Governing Amendments to FM
Table of Allotments and Changes of Community of License in the Radio
Broadcast Services, Second Report and Order, FCC 06-163).
Need: These rules are necessary to streamline the process of
allocating new FM channels, modifying the communities of existing radio
stations, and to reduce backlogs in proceedings to amend the FM Table
of Allotments.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.202 Table of Allotments.
73.203 Availability of Channels.
Subpart C--Digital Audio Broadcasting
Brief Description: These rules foster the development of a vibrant
terrestrial digital radio service for the public and ensures that radio
stations are able to successfully implement digital audio broadcasting.
(Digital Audio Broadcasting Systems and Their Impact on the Terrestrial
Radio Broadcast Service, Second Report and Order, FCC 07-33).
Need: These rules are necessary for the operation of a terrestrial
digital radio service.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
73.404 Interim hybrid IOBC DAB operation.
Subpart E--Television Broadcast Stations
Brief Description: These rules provide procedures necessary to
ensure that broadcasters were able to timely complete their transitions
from analog to digital service and are able to continue to provide
digital television service. They were adopted collectively by the
Commission. (Third Periodic Review of the Commission's Rules and
Policies Affecting the Conversion to Digital Television, Report and
Order, FCC 07-228).
Need: These rules ensured that full power broadcasters met their
statutory obligation and deadline to convert to digital technology and
viewers did not and do not lose service.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.616 Post-transition DTV station interference protection.
73.622(f)(4) Digital television table of allotments.
73.623(a) DTV applications and changes to DTV allotments.
73.624(d)(1) introductory text, (d)(1)(v) through (vii), (d)(3),
(g) introductory text, (g)(2) Digital television broadcast stations.
Brief Description: This rule extends the duration of certain
licenses and construction permits, to conform to the new, June 12,
2009, digital television transition date. (Implementation of the DTV
Delay Act, Second Report and Order, FCC 09-11).
Need: These rules modify the tolling standard to extend to
construction deadline if a station is unable to meet the digital
television transition deadline due to international coordination with
Mexico and Canada.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.624(d)(1)(vii), (3)(ii) and (iii) Digital television broadcast
stations.
Brief Description: This rule establishes an annual fee for the
provision of certain ancillary and supplementary service provided by
low power television stations converting to digital operations.
(Digital Low Power Television, Television Translator, and Television
Booster Stations and To Amend Rules for Digital Class A Television
Stations, Second Report and Order, FCC 11-110).
Need: This rule is necessary to fulfill the requirements of section
336 of the Communications Act of 1934 that the public recover a portion
of the value of the public spectrum resource made available for
commercial use, as well as to avoid unjust enrichment of broadcasters
that use that resource.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.624(g) Digital television broadcast stations.
Brief Description: These rules permit the use of distributed
transmission system technologies in the digital television service. The
rules allow DTV station licensees and permittees to use DTS
technologies where feasible in place of a single transmitter to provide
service as authorized. (Digital Television Distributed Transmission
System Technologies, Report and Order, FCC 08-256).
Need: These rules will help improve some DTV stations' ability to
serve more of their viewers within their service areas. For example, we
expect that DTS will be especially useful in mountainous areas where
single transmitters have been unable to reach viewers in valleys or
those blocked by elevated terrain.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.626 DTV distributed transmission systems.
Brief Description: These rules modernize rules concerning
children's
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programming to include restrictions on displaying internet website
addresses. They were adopted collectively by the Commission to
modernize its rules implementing the Act in light of the Digital TV
Transition. (In the Matter of Children's Television Obligations Of
Digital Television Broadcasters, Second Order on Reconsideration and
Second Report and Order, FCC 06-143).
Need: These rules are necessary to ensure that the Commission's
rules continue to respond the Congressional mandate in the Children's
Television Act by protecting children from advertising directing them
to internet sites.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.670(b) through (d), Note 1 Commercial limits in children's
programs.
Brief Description: These rules provide procedures necessary to
ensure that broadcasters were able to timely complete their transitions
from analog to digital service and are able to continue to provide
digital television service. They were adopted collectively by the
Commission. (Third Periodic Review of the Commission's Rules and
Policies Affecting the Conversion to Digital Television, Report and
Order, FCC 07-228).
Need: These rules ensured that full power broadcasters met their
statutory obligation and deadline to convert to digital technology and
viewers did not and do not lose service.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.682(d) TV transmission standards.
Brief Description: This rule makes mandatory a technical standard,
developed by an industry standards development body, that is designed
to prevent digital television commercial advertisements from being
transmitted at louder volumes than the program material they accompany.
(Implementation of the Commercial Advertisement Loudness Mitigation
(CALM) Act, Report and Order, FCC 11-182).
Need: This rule is necessary to implement the Commercial
Advertisement Loudness Mitigation Act to protect viewers from
excessively loud commercials.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.682(e), Note TV Transmission standards.
Brief Description: This rule adopts a predictive model for
determining the ability of individual locations to receive an over-the-
air digital television broadcast signal at the intensity level needed
for service through the use of an antenna. (Satellite Television
Extension and Localism Act of 2010 and Satellite Home Viewer Extension
and Reauthorization Act of 2004, Report and Order and Further Notice of
Proposed Rulemaking, FCC 10-194).
Need: This rule is necessary to fulfill the requirement of the
Satellite Television Extension and Localism Act of 2010.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.683(d), (e) Field strength contours and presumptive
determination of field strength at individual locations.
Brief Description: This rule establishes measurement procedures for
determining the strength of a digital broadcast television (DTV) signal
at any specific location. These procedures are used for determining
whether households are eligible to receive distant DTV network signals
retransmitted by satellite carriers. (Digital Television Signals
Pursuant to the Satellite Home Viewer Extension and Reauthorization Act
of 2004, Report and Order, FCC 10-195).
Need: These rules are necessary to fulfill the requirement of the
Satellite Television Extension and Localism Act of 2010.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.684(d), (e) Field strength measurements.
Brief Description: Section 73.686 sets forth the procedures for
measuring the field strength of television broadcast stations.
Paragraph (d) of this section governs the measurement of NTSC
television signal intensity while paragraph (e) of this section governs
the measurement of digital television (DTV) signal intensity.
Need: These rules specify how field strength data must be collected
for different types of television broadcast stations. This data is then
used for propagation analysis. Accurate field strength measurement and
propagation analysis are necessary to ensure that television broadcast
stations operate as intended and do not cause harmful interference.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.686(d), (e) Field strength measurements.
Subpart G--Low Power FM Broadcast Stations (LPFM)
Brief Description: These rules provide procedures and guidance to
promote the operation and expansion of the low power FM (LPFM) service
through its technical and ownership rules. (Creation of a Low Power
Radio Service, Third Report and Order, FCC 07-204).
Need: These rules help ensure the viability and success of the LPFM
service.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.809(a), (b) Inference protection to full service FM stations.
73.853(b)(1) through (3) Licensing requirements and service.
73.865 Assignment and transfer of LPFM licenses.
73.870(f) Processing of LPFM broadcast station applications.
73.871(c)(2) through (4) Amendment of LPFM broadcast station
applications.
73.872(c)(1) through (3) Selection procedure for mutually exclusive
LPFM applications.
Subpart H--Rules Applicable to All Broadcast Stations
Brief Description: This rule provides the required content that
must be provided by a station as part of a broadcaster's official
station identification. (Digital Audio Broadcasting Systems and Their
Impact on the Terrestrial Radio Broadcast Service, Second Report and
Order, First Order on Reconsideration, and Second Further Notice of
Proposed Rulemaking, FCC 07-33).
Need: These rules are necessary to ensure broadcast stations,
including digital radio and television stations, properly identify
themselves to the public.
Legal Basis: 47 U.S.C. 154 and 303.
Section Number and Title:
73.1201(b) Station identification.
Brief Description: These rules require that television station
public inspection files be made available in an online public file that
is hosted on the Commission's website. (Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public
Interest Obligations; Extension of the Filing Requirement for
Children's Television Programming Report (FCC Form 398), Second Report
and Order, FCC 12-44).
Need: These rules are necessary to provide guidance as to what
documents must be maintained in a television station's online public
file.
Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
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Section Number and Title:
73.1212(e) Sponsorship identification; list retention; related
requirements.
Brief Description: This rule addresses transmission system
operations for broadcast television and radio stations. (Amendment of
the Commission's Rules Regarding AM Directional Antennas, Report and
Order, FCC 07-97)
Need: These rules are necessary to ensure licenses maintain and
operate a broadcast station in a manner that is consistent with the
Commission's rules.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
73.1350 (b)(2), (d), and (e) Transmission System Operation.
Brief Description: These rules provide procedures for processing
and allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments. They
were adopted collectively by the Commission. (Revision of Procedures
Governing Amendments to FM Table of Allotments and Changes of Community
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
Need: These rules are necessary to provide streamlined processes
for allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
73.1690(b)(9) Modification of transmission systems.
Brief Description: These rules require that television station
public inspection files be made available in an online public file that
is hosted on the Commission's website. (Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public
Interest Obligations; Extension of the Filing Requirement for
Children's Television Programming Report (FCC Form 398), Second Report
and Order, FCC 12-44).
Need: These rules are necessary to provide guidance as to what
documents must be maintained in a television station's online public
file.
Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
Section Number and Title:
73.1943(d) Political file.
Brief Description: There rules afford eligible entities that
acquire an expiring construction permit additional time to build out,
revises the Commission's equity/debt plus attribution standard to
facilitate investment in eligible entities, and adopts other policies
to prevent discrimination in transactions and encourage diverse
ownership in the broadcast industry. (In the Matter of Promoting
Diversification of Ownership in the Broadcasting Services, Report and
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
Need: These rules were adopted to expand opportunities for
participation in the broadcasting industry by new entrants and small
businesses, including minority- and women-owned businesses.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.2090 Ban on discrimination in broadcast transactions.
Brief Description: These rules require that television station
public inspection files be made available in an online public file that
is hosted on the Commission's website. (Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public
Interest Obligations; Extension of the Filing Requirement for
Children's Television Programming Report (FCC Form 398), Second Report
and Order, FCC 12-44).
Need: These rules are necessary to provide guidance as to what
documents must be maintained in a television station's online public
file.
Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
Section Number and Title:
73.2526(b), (e)(11)(i) Online public inspection file of commercial
stations.
73.3527(b), (e)(8) Online public inspection file of noncommercial.
educational stations.
Brief Description: There rules afford eligible entities that
acquire an expiring construction permit additional time to build out,
revises the Commission's equity/debt plus attribution standard to
facilitate investment in eligible entities, and adopts other policies
to prevent discrimination in transactions and encourage diverse
ownership in the broadcast industry. (In the Matter of Promoting
Diversification of Ownership in the Broadcasting Services, Report and
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
Need: These rules were adopted to expand opportunities for
participation in the broadcasting industry by new entrants and small
businesses, including minority- and women-owned businesses.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3555 Note 2 Multiple ownership.
Brief Description: This rule adopts a maximum aggregate national
audience reach of any single television station owner and sets for
procedures for divestiture in the even the specified national
television ownership limit is reached. (Implementation of section 629
of the Consolidated Appropriations Act, 2004 (National Broadcast
Television Ownership), Order, FCC 06-117).
Need: These rules are necessary in furtherance of statute and to
promote localism, competition, and diversity.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.3555 (e)(1), (e)(3) Multiple ownership.
Brief Description: These rules provide procedures for processing
and allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments. They
were adopted collectively by the Commission. (Revision of Procedures
Governing Amendments to FM Table of Allotments and Changes of Community
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
Need: These rules are necessary to provide streamlined processes
for allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
73.3571(a)(1), (j) Processing of AM broadcast station applications.
Brief Description: This rule implements procedures designed to
promote ownership and programming diversity, especially by Native
American tribes, and to streamline processing of AM radio applications.
(Policies To Promote Rural Radio Service and To Streamline Allotment
and Assignment Procedures, Second Report and Order, FCC 11-28).
Need: This rule is necessary to provide a process for filing and
processing certain AM radio applications.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3571(h)(1)(ii) and note Processing of AM broadcast station
applications.
Brief Description: This rule implements procedures designed to
promote ownership and programming diversity, especially by Native
American tribes, and to streamline processing of AM radio applications.
(Policies To Promote Rural Radio Service and To Streamline Allotment
and Assignment Procedures, Report and Order and Further Notice of
Proposed Rulemaking, FCC 10-24).
Need: This rule is necessary to provide a process for filing and
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processing certain AM radio applications.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3571(h)(4)(iii), (k) Processing of AM broadcast station
applications.
Brief Description: This rule implements a process to enable Class A
television stations to complete the digital transition process.
(Digital Low Power Television, Television Translator, and Television
Booster Stations and To Amend Rules for Digital Class A Television
Stations, Second Report and Order, FCC 11-110).
Need: The rule is necessary to enable Class A stations to complete
their transition from analog to digital operations.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3572(h) Processing of TV broadcast, Class A TV broadcast, low
power TV, TV translators, and TV booster applications.
Brief Description: These rules provide procedures for processing
and allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments. They
were adopted collectively by the Commission. (Revision of Procedures
Governing Amendments to FM Table of Allotments and Changes of Community
of License in the Radio Broadcast Services, Report and Order, FCC 06-
163).
Need: This rule is necessary to provide streamlined processes for
allocating new FM channels, modifying the communities of license of
existing radio stations, and amending the FM Table of allotments.
Legal Basis: 47 U.S.C. 154, 303, 309, 310, 334, and 336.
Section Number and Title:
73.3573(a)(1), Note 1, (g) Processing of FM broadcast station
applications.
Brief Description: These rules require that television station
public inspection files be made available in an online public file that
is hosted on the Commission's website. (Standardized and Enhanced
Disclosure Requirements for Television Broadcast Licensee Public
Interest Obligations; Extension of the Filing Requirement for
Children's Television Programming Report (FCC Form 398), Second Report
and Order, FCC 12-44).
Need: These rules are necessary to provide guidance as to what
documents must be maintained in a television station's online public
file.
Legal Basis: 47 U.S.C. 154, 303, 307, and 554.
Section Number and Title:
73.3580(d)(4)(i) and (ii) Local public notice of filing of
broadcast applications.
Brief Description: The rule provides for the construction period
and manner of extending a construction permit for LPFM stations.
(Creation of a Low Power Radio Service, Third Report and Order, FCC 07-
204).
Need: The rule was adopted to ensure the timely construction of
LPFM stations while providing necessary flexibility.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3598(a) introductory text Period of construction.
Brief Description: There rules afford eligible entities that
acquire an expiring construction permit additional time to build out,
revises the Commission's equity/debt plus attribution standard to
facilitate investment in eligible entities, and adopts other policies
to prevent discrimination in transactions and encourage diverse
ownership in the broadcast industry. (In the Matter of Promoting
Diversification of Ownership in the Broadcasting Services, Report and
Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).
Need: These rules were adopted to expand opportunities for
participation in the broadcasting industry by new entrants and small
businesses, including minority- and women-owned businesses.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3598(a)(1) through (3) Period of construction.
Brief Description: These rules provide procedures necessary to
ensure that broadcasters were able to timely complete their transitions
from analog to digital service and are able to continue to provide
digital television service. They were adopted collectively by the
Commission. (Third Periodic Review of the Commission's Rules and
Policies Affecting the Conversion to Digital Television, Report and
Order, FCC 07-228).
Need: These rules ensure that full power broadcasters met their
statutory obligation and deadline to convert to digital technology and
viewers did not and do not lose service.
Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
Section Number and Title:
73.3598(a), (b) Period of construction.
Brief Description: This rule extends the duration of certain
licenses and construction permits, to conform to the new, June 12,
2009, digital television transition date. (Implementation of the DTV
Delay Act, Second Report and Order, FCC 09-11).
Need: These rules modify the tolling standard to extend to
construction deadline if a station is unable to meet the digital
television transition deadline due to international coordination with
Mexico and Canada.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.3598(b)(3) Construction Period
Brief Description: This rule includes reporting requirements on FCC
Form 323, ``Ownership Report for Commercial Broadcast Stations'' to
improve Form 323 data collection in order to obtain an accurate,
reliable, and comprehensive assessment of minority and female broadcast
ownership in the United States. (Promoting Diversification of Ownership
in the Broadcasting Services, Report and Order, FCC 09-33).
Need: These rules help improve Form 323 data collection in order to
obtain an accurate, reliable, and comprehensive broadcast ownership in
the United States.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.3615(a) Ownership reports.
Subpart I--Procedurs for Competitive Bidding and for Applications
for Noncommerical Educational Broadcast Stations on Non-Reserved
Channels
Brief Description: These rules implement procedures designed to
promote ownership and programming diversity, especially by Native
American tribes, and to streamline processing of AM and FM
applications. (Policies To Promote Rural Radio Service and To
Streamline Allotment and Assignment Procedures, Report and Order and
Further Notice of Proposed Rulemaking, FCC 10-24).
Need: These rules are necessary in order to set procedures for
competitive bidding and applications for noncommercial educational
broadcast stations on non-reserved channels.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.5002(c) Application and certification procedures; return of
mutually exclusive applications not subject to competitive bidding
procedures; prohibition of collusion.
73.5005(a) Filing of long-form applications.
73.5007(a), Note 1 Designated entity provisions.
Brief Description: The rule implements methods to facilitate
[[Page 66250]]
investment in eligible entities and encourage diverse ownership in the
broadcast industry. (In the Matter of Promoting Diversification of
Ownership in the Broadcasting Services, Report and Order and Third
Further Notice of Proposed Rulemaking, FCC 07-217).
Need: These rules were adopted to expand opportunities for
participation in the broadcasting industry by new entrants and small
businesses, including minority- and women-owned businesses.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.5008(c) Definitions applicable for designated entity provisions.
Subpart J--Class A Television Broadcast Stations
Brief Description: These rules permit the use of distributed
transmission system technologies in the digital television service. The
rules allow DTV station licensees and permittees to use DTS
technologies where feasible in place of a single transmitter to provide
service as authorized. (Digital Television Distributed Transmission
System Technologies, Report and Order, FCC 08-256).
Need: These rules will help improve some DTV stations' ability to
serve more of their viewers within their service areas. For example, we
expect that DTS will be especially useful in mountainous areas where
single transmitters have been unable to reach viewers in valleys or
those blocked by elevated terrain.
Legal Basis: 47 U.S.C. 154, 303, 334, and 336.
Section Number and Title:
73.6023 Distributed transmission systems.
Brief Description: This rule extends FCC Form 323 ownership
reporting requirements to low power television stations, including
Class A stations, to file biennially. (Promoting Diversification of
Ownership in the Broadcasting Services, Report and Order, FCC 09-33).
Need: These rules help improve Form 323 data collection in order to
obtain an accurate, reliable, and comprehensive assessment of broadcast
ownership in the United States.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.6026 Broadcast regulations applicable to Class A televisions
stations.
Subpart K--Application and Selection Procedures for Reserved
Noncommercial Educational Channels, and for Certain Applications
for Noncommercial Educational Stations on Non-Reserved Channels
Brief Description: These rules implement procedures designed to
promote ownership and programming diversity, especially by Native
American tribes, and to streamline processing of AM and FM
applications. (Policies To Promote Rural Radio Service and To
Streamline Allotment and Assignment Procedures, Report and Order, FCC
11-28).
Need: These rules are necessary to help promote access to radio
services in rural areas.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
73.7000 Definition of terms (as used in subpart K only).
73.7002(b) Fair distribution of service on reserved band FM
channels.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIUBTIONAL SERVICES
Subpart--General; Rules Applicable to All Services in Part 74
Brief Description: This rule reduces the regulatory burden for the
18 GHz band by adding new channel-size options for FS operations along
with channelization and emission flexibility for multichannel video
programming distributors below 18.3 GHz, thereby facilitating the
relocation to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz.
(Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed
Microwave Services, Report and Order, FCC 06-141).
Need: These rules are necessary to encourage efficient use of the
spectrum by all FS licensees and provide a regulatory environment that
will allow MVPDs to provide competitive services while protecting
Federal earth stations.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
Section Number and Title:
74.25(c)(3) Temporary conditional operating authority.
74.32(a) Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz Bands.
Subpart E--Aural Broadcast Auxilliary Stations
Brief Description: This rule provides for the use of the 942-944
MHz band. (Non-Substantive Revisions to the Table of Frequency
Allocations, Memorandum Opinion and Order, FCC 08-530).
Need: These rules ensure consistency with worldwide spectrum
allocations.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
Section Number and Title:
74.502(a) and Note Frequency assignment.
Subpart F--Television Broadcast Auxiliary Stations
Brief Description: These rules reflect what frequencies are
available for assignment to television pickup, television STL,
television relay and television translator relay stations, and require
registration of TV pickup stations in certain spectrum bands.
(Facilitating the Use of Microwave for Wireless Backhaul and Other Uses
and Providing Additional Flexibility To Broadcast Auxiliary Service and
Operational Fixed Microwave Licensees, Report and Order, Further Notice
of Proposed Rulemaking, and Memorandum Opinion and Order, FCC 11-120).
Need: These rules are necessary to prevent interference with
licensed users of the same and adjacent spectrum bands.
Legal Basis: 47 U.S.C. 154, 302a, 303, 307, 336(f), 336(h), and
554.
Section Number and Title:
74.602(a) introductory text Frequency assignment.
74.605 Registration of stationary television pickup receive sites.
Brief Description: Section 74.638 sets forth the frequency
coordination procedures between terrestrial Broadcast Auxiliary Service
and Cable Television Relay Service (BAS/CARS) operations and
geostationary satellite orbit (GSO) or non-geostationary satellite
orbit (NGSO) fixed-satellite service (FSS) operations in the 6875-7075
MHz (7 GHz) and 12750-13250 MHz (13 GHz) bands. (Coordination Between
the NonGeostationary and Geostationary Satellite Orbit, Report and
Order, FCC 10-15).
Need: These rules are necessary to ensure proper coordination of
frequency assignments among Television Broadcast Auxiliary Station
licensees, which minimizes the chances of harmful interference.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
Section Number and Title:
74.638(a) through (d) Frequency coordination.
Brief Description: This rule waives the deadline by which Sprint
Nextel must complete relocation of the broadcast auxiliary service
(BAS) to frequencies above 2025 MHz until February 8, 2010. The rule
also eliminates the requirement
[[Page 66251]]
that MSS entrants to the 2000-2020 MHz band may not begin operations
until the BAS incumbents in the top 30 markets by population and all
fixed BAS links in the 1990-2025 MHz band have been relocated. MSS
entrants will be allowed to conduct operations in markets where the BAS
incumbents have not been relocated only if they successfully coordinate
with the BAS incumbents. (Relocation of 2 GHz Broadcast Auxiliary
Service, Report and Order and Further Notice of Proposed Rulemaking,
FCC 09-49).
Need: These rules helped to coordinate the timely relocation of BAS
licensees in order to implement new services in the 1990-2025 MHz band.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
Section Number and Title:
74.690(e)(1)(i) Transition of the 1990-2025 MHz band from the Cable
Television Relay Service to emerging technologies.
Subpart G--Low Power TV and TV Translator Stations
Brief Description: These rules establish processes to facilitate
and enable low power television and television translator stations to
transition from analog to digital operations. (Digital Low Power
Television, Television Translator, and Television Booster Stations and
To Amend Rules for Digital Class A Television Stations, Second Report
and Order, FCC 11-110).
Need: These rules are necessary to enable low power television and
television translator stations to conduct digital operations.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, 336, and 554.
Section Number and Title:
74.735(b)(1) Power Emissions.
Brief Description: This rule creates a new ``replacement'' digital
television translator service to permit full-service television
stations to continue to provide service to viewers within their analog
coverage areas who have lost service as a result of those stations'
digital transition. The replacement digital television translator
license will be associated with the full-service station's main license
and will have the same four letter call sign as its associated main
station. As a result, a replacement digital television translator
license may not be separately assigned or transferred and will be
renewed or assigned along with the full-service station's main license.
Almost all other rules associated with television translator stations
are applied to replacement digital television translators. (Replacement
Digital Television Translator Service, Report and Order, FCC 09-36).
Need: These rules help preserve service to viewers who have lost
television service as a result of a station's digital transition.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
Section Number and Title:
74.787(a)(5) Digital licensing.
Brief Description: These rules establish processes to facilitate
and enable low power television and television translator stations to
transition from analog to digital operations. (Digital Low Power
Television, Television Translator, and Television Booster Stations and
To Amend Rules for Digital Class A Television Stations, Second Report
and Order, FCC 11-110).
Need: These rules are necessary to enable low power television and
television translator stations to conduct digital operations.
Legal Basis: 47 U.S.C. 154, 303, 307, 309, 336, and 554.
Section Number and Title:
74.787(b)(1) Digital Licensing.
74.794(a)(1), (a)(2)(iii) Digital Emissions.
Brief Description: This rule extends FCC Form 323 ownership
reporting requirements to low power television stations to file
biennially. (Promoting Diversification of Ownership in the Broadcasting
Services, Report and Order, FCC 09-33).
Need: These rules help improve Form 323 data collection in order to
obtain an accurate, reliable, and comprehensive assessment of broadcast
ownership in the United States.
Legal Basis: 47 U.S.C. 154, 303, 334 336, and 339.
Section Number and Title:
74.797 Biennial Ownership Reports
Subpart L--FM Broadcast Translator Stations and FM Broadcast
Booster Stations
Brief Description: These rules modified the FM translator rules to
allow AM stations to use currently authorized FM translators for
``fill-in'' service within their current coverage areas. (Amendment of
Service and Eligibility Rules for FM Broadcast Translator Stations,
Report and Order, FCC 09-59).
Need: These rules were implemented to help AM radio stations
provide a listenable signal to their listeners and better serve their
local communities.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
Section Number and Title:
74.1201(a) through (e), (g), (j) Definitions.
74.1231(a), (b), (h) Purpose and permissible service.
74.1232(d) Eligibility and licensing requirements.
74.1263(b) Time of operation.
74.1284(b), (c) Rebroadcasts.
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
Subpart A--General
Brief Description: This rule establishes a definition for the term
``significantly viewed.'' (Implementation of Section 203 of the
Satellite Television Extension and Localism Act of 2010 (STELA);
Amendments to Section 340 of the Communications Act, Report and Order
and Order on Reconsideration, FCC 10-193).
Need: This rule is necessary to implement Section 203 of the
Satellite Television Extension and Localism Act of 2010.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.5(i) Definitions.
Brief Description: This rule establishes procedures related to
program carriage complaints and entities that elect to resolve a
dispute through alternative dispute resolution. (Leased Commercial
Access; Development of Competition and Diversity in Video Programming
Distribution and Carriage, Second Report and Order, FCC 11-119).
Need: This rule is necessary to establish procedures for resolving
program carriage disputes.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.7(g)(2) General special relief, waiver, enforcement, complaint,
show cause, forfeiture, and declaratory ruling procedures.
Subpart C--Cable Franchising
Brief Description: These rules address provide guidance and
implement section 621(a)(1) of the Communications Act of 1934, which
prohibits franchising authorities from unreasonably refusing
[[Page 66252]]
to award competitive franchises for the provision of cable services.
(Implementation of Section 621(a)(1) of the Cable Communications Policy
Act of 1984 as amended by the Cable Television Consumer Protection and
Competition Act of 1992, Report and Order and Further Notice of
Proposed Rulemaking, FCC 06-180).
Need: These rules are necessary for carrying out the Congressional
mandate of section 621(a)(1) of the Communications Act of 1934.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 521,
522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552,
554, 556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.41 Franchise application process.
Subpart D--Carriage of Television Broadcast Signals
Brief Description: This rule provides satellite carriers the
authority to offer out-of-market, but ``significantly viewed''
broadcast television network stations as part of their local service to
subscribers. (Implementation of Section 203 of the Satellite Television
Extension and Localism Act of 2010 (STELA); Amendments to Section 340
of the Communications Act, Report and Order and Order on
Reconsideration, FCC 10-193).
Need: This rule is necessary to implement Section 203 of the
Satellite Television Extension and Localism Act of 2010.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.54(c),(g), (i) Significantly viewed signals; method to be
followed for special showings.
Brief Description: This rule establishes the standard for which is
considered a good quality signal delivered by broadcasters to MVPDS.
(Third Periodic Review of the Commission's Rules and Policies Affecting
the Conversion to Digital Television, Report and Order, FCC 07-228).
Need: This rule ensures that MVPDs and their subscribers are able
to receive clear, high quality broadcast signals.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531,
532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.55(c)(3) Definitions Applicable to the Must-Carry Rules.
Brief Description: This rule addresses the responsibilities of
cable television operators with respect to carriage of digital
broadcasters in light of the significant changes to the broadcasting
and cable television industries resulting from the digital television
transition. (Carriage of Digital Television Broadcast Signals:
Amendment to Part 76 of the Commission's Rules, Third Report and Order
and Third Notice of Proposed Rulemaking, FCC 07-170).
Need: This rule ensures that cable subscribers will continue to be
able to view broadcast stations after the digital transition, and that
they will be able to view those broadcast signals at the same level of
quality in which they are delivered to the cable system.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531,
532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.56(d) Signal carriage obligations.
76.56(f) Signal carriage obligations.
76.62(b), (h) Manner of Carriage.
Brief Description: This rule requires satellite carriers to carry
digital-only stations upon request in markets in which they are
providing any local-into-local service pursuant to the statutory
copyright license, and to require carriage of all high-definition
signals in a market in which any station's signals are carried in HD.
(Carriage of Digital Television Broadcast Signals: Amendment to Part 76
of the Commission's Rules; Implementation of the Satellite Home Viewer
Improvement Act of 1999: Local Broadcast Signal Carriage Issues and
Retransmission Consent Issues, Second Report and Order, Memorandum
Opinion and Order, and Second Further Notice of Proposed Rulemaking,
FCC 08-86).
Need: This rule ensures that satellite subscribers will continue to
be able to view broadcast stations after the digital transition and
receive high-definition signals.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 336, 339, 503, 521, 522, 531, 532,
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556,
558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.66(b)(1), (d)(2)(vi), (k) Satellite Broadcast Signal Carriage.
Brief Description: These rules set forth carriage rights for
stations that elected as part of the broadcast television incentive
auction to relinquish their spectrum usage rights and engage in a
channel sharing arrangement. (Innovation in the Broadcast Television
Bands: Allocations, Channel Sharing and Improvements to VHF, Report and
Order, Report and Order, FCC 12-45).
Need: These rules are necessary to establish carriage rights for
broadcast television stations that relinquished their spectrum in the
broadcast television incentive auction in order to share a television
channel with another television broadcaster.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.66(n) Satellite broadcast signal carriage.
Subpart G--Cablecasting
Brief Description: These rules modernize rules concerning
children's programming to include restrictions on displaying internet
website addresses. They were adopted collectively by the Commission to
modernize its rules implementing the Act in light of the Digital TV
Transition. (In the Matter of Children's Television Obligations of
Digital Television Broadcasters, Second Order on Reconsideration and
Second Report and Order, FCC 06-143).
Need: These rules are necessary to ensure that the Commission's
rules continue to respond the Congressional mandate in the Children's
Television Act by protecting children from advertising directing them
to internet sites.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 533,
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558,
560, 561, 571, 572, and 573.
Section Number and Title:
76.225(b) through (e), Note 1 Commercial Limits in Children's
Programs.
SUBPART J--OWNERSHIP OF CABLE SYSTEMS
Brief Description: This rule prohibits cable operators from owning
or having an attributable interest in cable systems serving more than
30 percent of multichannel video programming subscribers nationwide. It
also eliminates the overbuilder exception.
[[Page 66253]]
(The Commission's Cable Horizontal and Vertical Ownership Limits;
Implementation of Section 11 of the Cable Television Consumer
Protection and Competition Act of 1992; Implementation of Cable Act
Reform Provisions of the Telecommunications Act of 1996; Review of the
Commission's Regulations Governing Attribution of Broadcast and Cable/
MDS Interests; Review of the Commission's Regulations and Policies
Affecting Investment in the Broadcast Industry; Reexamination of the
Commission's Cross-Interest Policy, Fourth Report and Order and Further
Notice of Proposed Rulemaking, FCC 07-219).
Need: This rule balances the need to ensure that cable operators
cannot use their dominant position in the multichannel video
programming distribution market to impede unfairly the flow of video
programming to consumers with consideration of the efficiencies and
other benefits that might be gained through increased ownership or
control.
Legal Basis: 47 U.S.C. 152(a), 154(i), 303, 307, 309, 310, and 533.
Section Number and Title:
76.503(a) National Subscriber Limits.
Subpart K--Technical Standards
Brief Description: This rule incorporates by reference the
technical standard, developed by an industry standards development
body, that was designed to prevent digital television commercial
advertisements from being transmitted at louder volumes than the
program material they accompany. (Implementation of the Commercial
Advertisement Loudness Mitigation (CALM) Act, Report and Order, FCC 11-
182).
Need: This rule is necessary to implement the Commercial
Advertisement Loudness Mitigation Act to protect viewers from
excessively loud commercials.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.607 Transmission of commercial advertisements.
Brief Description: This rule implements requirements for digital
cable systems to support unidirectional digital cable products.
(Implementation of Section 304 of the Telecommunications Act of 1996:
Commercial Availability of Navigation Devices; Compatibility Between
Cable Systems and Consumer Electronics Equipment, Third Report and
Order and Order on Reconsideration, FCC 10-181). These rules are
necessary to improve the operation of the CableCARDs and bolster
support for retail CableCARD devices so that consumers may access cable
services without the need to lease a set-top box from their cable
operator.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.640(b)(4)(ii) and (iii) Support for unidirectional digital cable
products on digital cable systems.
Subpart O--Competitive Access To Cable Programming
Brief Description: These rules establish policies and procedures
for the consideration of complaints alleging unfair acts involving
terrestrially delivered, cable-affiliated programming in violation of
section 628(b) of the Communications Act of 1934. These rules will
provide competitors to incumbent cable operators with an opportunity to
obtain access to certain cable-affiliated programming that they are
currently unable to offer their subscribers, thereby promoting
competition in the delivery of video to consumer. (Review of the
Commission's Program Access Rules and Examination of Programming Tying
Arrangements, First Report and Order, FCC 10-17).
Need: These rules are necessary to promote competition in the video
distribution market.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.1000 (b), (c)(1), (j), (l), (m) Definitions.
76.1001 Unfair practices generally.
76.1002(b)(2) Specific unfair practices prohibited.
76.1003(c)(3), (e)(1), (g)(1) and (2), (l) Program access
proceedings.
76.1004(a) Applicability of program access rules to common carriers
and affiliates.
Brief Description: These rules set forth the Commission's program
access complaint procedures. (Implementation of the Cable Television
Consumer Protection and Competition Act of 1992; Development of
Competition and Diversity in Video Programming Distribution: Section
628(c)(5) of the Communications Act; Sunset of Exclusive Contract
Prohibition; Review of the Commission's Program Access Rules and
Examination of Programming Tying Arrangements, Report and Order and
Notice of Proposed Rulemaking, FCC 07-169).
Need: These rules provide procedures for resolving program access
disputes in furtherance of section 628 of the Communications Act.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 503, 521, 522,
531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552,
554, 556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.1003(i) through (k) Program access proceedings.
Subpart P--Competitive Availability of Navigation Devices
Brief Description: These rules provide for the commercial
availability of set top boxes and other consumer equipment used to
receive video signals and other services. (Commercial Availability of
Navigation Devices, Report and Order, FCC 98-116).
Need: The intended effect of these rules is to expand opportunities
for consumers to purchase this equipment from sources other than the
service provider.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534,
535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560,
561, 571, 572, and 573.
Section Number and Title:
76.1200 Definitions.
76.1201 Rights of Subscribers to Use or Attach Navigation Devices.
76.1202 Availability of Navigations Devices.
76.1203 Incidence of Harm.
76.1206 Equipment Sale or Lease Charged Subsidy Prohibition.
76.1207 Waivers.
76.1208 Sunset of Regulations.
76.1209 Theft of Services.
76.1210 Effect on Other Rules.
Subpart Q--Regulation of Carriage Agreements
Brief Description: This rule pertains to carriage of video
programming vendors by multichannel video programming distributors
(MVPDs) and the procedures for addressing complaints alleging
violations of the Commission's program carriage rules. (Leased
Commercial Access; Development of
[[Page 66254]]
Competition and Diversity in Video Programming Distribution and
Carriage, Second Report and Order, FCC 11-119).
Need: These rules are necessary to promote competition and
diversity in the video programming and video distribution markets.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.1302(c) through (k) Support for unidirectional digital cable
products on digital cable systems.
Subpart T--Notices
Brief Description: This rule establishes annual consumer notice
requirements with regards to cable operators charging fees for the
rental of navigation devices and CableCARDs. (Implementation of Section
304 of the Telecommunications Act of 1996: Commercial Availability of
Navigation Devices; Compatibility Between Cable Systems and Consumer
Electronics Equipment, Third Report and Order and Order on
Reconsideration, FCC 10-181).
Need: These rules are designed to protect consumers and ensure they
are fully informed about fees related to the rental of navigation
deices and CableCARDs from cable operators.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.1602(b)(7) and (8) Customer service--general information.
Subpart W--Encoding Rules
Brief Description: These rules establish a definition of
``unencrypted broadcast television'' and make clear what practices with
regards to encoding, storing or managing commercial audiovisual content
are not prohibited. (Implementation of Section 304 of the
Telecommunications Act of 1996: Commercial Availability of Navigation
Devices; Compatibility Between Cable Systems and Consumer Electronics
Equipment, Report and Order, FCC 10-181).
Need: These rules are necessary to improve the operation of the
CableCARDs and bolster support for retail CableCARD devices so that
consumers may access cable services without leasing a set-top box from
their cable operators.
Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522,
531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554,
556, 558, 560, 561, 571, 572, and 573.
Section Number and Title:
76.1902(s) Definitions.
76.1908(a) Certain practices not prohibited.
PART 78--CABLE TELEVISION RELAY SERVICE
Subpart B--Applications and Licenses
Brief Description: This rule reduces the regulatory burden for the
18 GHz band by adding new channel-size options for FS operations along
with channelization and emission flexibility for multichannel video
programming distributors below 18.3 GHz, thereby facilitating the
relocation to spectrum at 17.7-18.3 GHz and 19.3-19.7 GHz.
(Rechannelization of the 17.7-19.7 GHz Frequency Band for Fixed
Microwave Services, Report and Order, FCC 06-141).
Need: These rules are necessary to encourage efficient use of the
spectrum by all FS licensees and provide a regulatory environment that
will allow MVPDs to provide competitive services while protecting
Federal earth stations.
Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, and 309.
Section Number and Title:
78.19(f) introductory text, (f)(2) Interference.
Brief Description: This rule establishes procedures to be used for
frequency coordination between terrestrial Broadcast Auxiliary Service
and Cable Television Relay Service (BAS/CARS) operations and
geostationary satellite orbit (GSO) or non-geostationary satellite
orbit (NGSO) fixed-satellite service (FSS) operations in certain
spectrum bands. (Coordination Between the NonGeostationary and
Geostationary Satellite Orbit, Report and Order, FCC 10-15).
Need: These rules are necessary to ensure coordination of frequency
assignments and prevent interference among users of certain spectrum
bands.
Legal Basis: 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, and 309.
Section Number and Title:
78.36(a) through (d) Frequency Coordination.
Brief Description: This rule waives the deadline by which Sprint
Nextel must complete relocation of the broadcast auxiliary service
(BAS) to frequencies above 2025 MHz until February 8, 2010. The rule
also eliminates the requirement that MSS entrants to the 2000-2020 MHz
band may not begin operations until the BAS incumbents in the top 30
markets by population and all fixed BAS links in the 1990-2025 MHz band
have been relocated. MSS entrants will be allowed to conduct operations
in markets where the BAS incumbents have not been relocated only if
they successfully coordinate with the BAS incumbents. (Replacement
Digital Television Translator Service, Report and Order, FCC 09-36).
Need: These rules helped to coordinate the timely relocation of BAS
licensees in order to implement new services in the 1990-2025 MHz band.
Legal Basis: 47 U.S.C. 154, 303, 307, 336(f), 336(h), and 554.
Section Number and Title:
78.40(f)(1)(i) Transition of the 1990-2025 MHz Band from the Cable
Television Relay Service to Emerging Technologies.
PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING
Subpart A--Video Programming Owners, Providers, and Distributors
Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on
television with captions. The FCC also imposes closed captioning
requirements on certain apparatus that receive or play back video
programming, and on certain recording devices. (Closed Captioning of
internet Protocol Delivered Video Programming: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of
2010, Report and Order, FCC 12-9).
Need: These rules are necessary to enable individuals who are deaf
or hard of hearing to have access to captioned IP-delivered video
programming pursuant to the Twenty-First Century Communications and
Video Accessibility Act of 2010.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 544a, 613, and 617.
Section Number and Title:
79.1(a)(4), (c) Closed captioning of televised video programming.
Brief Description: This rule establishes certain requirements for
video programming distributors to caption television programming and
establishes a standard for exemption from the requirement. (Closed
Captioning and Video Description of Video Programming, Report and
Order, FCC 12-83).
[[Page 66255]]
Need: This rule is necessary to implement section 613 of the
Communications Act of 1934 and establishing a process by which video
programming distributors may seek an exemption from the Commission's
closed captioning requirements.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 309, 310, 330,
544a, 613, and 617.
Section Number and Title:
79.1(d)(2), (f)(1) through (4), (f)(10) and (11) Closed captioning
of televised video programming.
Brief Description: These rules establish the requirement for
certain television broadcasters and multichannel video programming
distributor systems to provide video description services. (Video
Description: Implementation of the Twenty-First Century Communications
and Video Accessibility Act of 2010, Report and Order, FCC 11-126).
Need: These rules are necessary to implement the requirements of
the Twenty-First Century Communications and Video Accessibility Act of
2010.
Legal Basis: 47 U.S.C. 154, 303, 334, 336, and 339.
Section Number and Title:
79.1(i)(1) and (2) Closed captioning of televised video
programming.
79.3 Audio description of video programming.
Brief Description: This rule establishes a means by which video
programming distributors are permitted to provide contact information
to the Commission for the handling of closed captioning questions and
complaints. (Closed Captioning of Video Programming, Order, FCC 09-
109).
Need: This rule is necessary to ensure the Commission has necessary
contact information for video programming distributors in order to
promptly address closed captioning concerns and complaints.
Legal Basis: 47 U.S.C. 154(i), 303I, and 613.
Section Number and Title:
79.1(i)(3) Closed captioning of televised video programming.
Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on
television with captions. The FCC also imposes closed captioning
requirements on certain apparatus that receive or play back video
programming, and on certain recording devices. (Closed Captioning of
internet Protocol Delivered Video Programming: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of
2010, Report and Order, FCC 12-9).
Need: These rules are necessary to enable individuals who are deaf
or hard of hearing to have access to captioned IP-delivered video
programming pursuant to the Twenty-First Century Communications and
Video Accessibility Act of 2010.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 544a, 613, and 617.
Section Number and Title:
79.4 Closed captioning of video programming delivered using
internet protocol.
Brief Description: Part 79, Subpart A implements section 713 of the
Communications Act of 1934, as amended. Section 713, Video Programming
Accessibility, was added to the Communications Act by section 305 of
the Telecommunications Act of 1996 and directed the Commission to adopt
rules that generally require the closed captioning of video programming
shown on television. In 2009, the rules were amended by adding
paragraphs (a)(5)(i) and (ii) to Sec. 79.1 defining what constitutes
``new programming,'' subject to captioning requirements for both analog
and digital video programming shown on television. Paragraph (i) of
this section, which was also added to Sec. 79.1, adopted requirements
for video programming distributors to make their contact information
available to consumers.
Need: Closed captioning is an assistive technology that provides
persons with hearing disabilities access to television programs. Closed
captioning displays the audio portion of a television signal as printed
words on the television screen. Congress has directed the Commission to
prescribe and maintain regulation to implement the provision of closed
captioning for video programming shown on television.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 330, 544a, 613,
and 617.
Section Number and Title:
79.1(a)(5)(i) and (ii) New Programming.
79.1(i) Contact information.
Brief Description: These rules require closed captioning of IP-
delivered video programming that is published or exhibited on
television with captions. The FCC also imposes closed captioning
requirements on certain apparatus that receive or play back video
programming, and on certain recording devices. (Closed Captioning of
internet Protocol Delivered Video Programming: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of
2010, Report and Order, FCC 12-9).
Need: These rules are necessary to enable individuals who are deaf
or hard of hearing to be able to have access to captioned IP-delivered
video programming pursuant to the Twenty-First Century Communications
and Video Accessibility Act of 2010.
Legal Basis: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 544a, 613, and 617.
Section Number and Title:
79.100 Incorporation by reference.
79.101 Closed caption decoder requirements for analog television
receivers.
79.102 Closed caption decoder requirements for digital television
receivers and converter boxes.
79.103 Closed caption d[eacute]cor requirements for apparatus.
79.104 Closed caption decoder requirements for recording devices.
PART 80--STATIONS IN THE MARITIME SERVICES
Subpart A--General Information
Brief Description: Part 80 rules set forth the conditions under
which radio stations may be licensed and used in the maritime services.
Subpart A contains the statutory basis for this part of the rules and
provides the purpose for which this part is issued.
Need: Section 80.7 provides that certain material is incorporated
by reference into this part with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. In order to
enforce any edition other than that specified in this section, the
Federal Communications Commission must publish notice of the change in
the Federal Register and the material must be available to the public.
The need to continue the coordination with the Federal Register is
ongoing.
Legal Basis: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T.
4726, 12 U.S.T. 2377.
Section Number and Title:
80.7 Incorporation by reference.
Subpart E--General Technical Standards
Brief Description: The part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
E rules prescribe the general technical requirements for the use of
frequencies and equipment in the maritime services.
Need: Section 80.203(b)(4) provides for authorized channels to be
programmed via computerized remote control, while Sec. 80.231 sets out
the technical requirements for a class of equipment used to locate a
survival craft or distressed vessel. The need for these rules is
ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as
[[Page 66256]]
amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise
noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.
Section Number and Title:
80.203(b)(4) Authorization of transmitters for licensing.
80.231 Technical Requirements for Class B Automatic Identification
System (AIS) equipment.
Subpart F--Equipment Authorization For Compulsory Ships
Brief Description: The part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
F rules prescribe the general technical requirements for certification
of equipment used on compulsory ships.
Need: Section 80.277 specifies the equipment that may be used by
Ship Security Alert Systems (SSAS). The need for this rule is ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.277 Ship Security Alert System (SASS).
Subpart G--Safety Watch Requirements And Procedures
Brief Description: Part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
G rules set out the procedures for Coast Station safety watches.
Need: Section 80.314(d) describes the procedures for canceling
false distress alerts. Section 80.327(e), (f), and (g) prescribe
procedures for sending, receiving, and canceling of urgency signals.
Section 80.329 (g) sets out requirements for stations hearing a safety
signal. The need for these rules is ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.314(d) Distress communications.
80.327(e), (f), (g) Urgency signals and messages.
80.329(g) Safety signals and messages.
Subpart H--Frequencies
Brief Description: The part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
H describes the carrier frequencies and general conditions of use for
the types of radiotelephony governed by 47 CFR part 80, and Sec.
80.373 specifically describes the carrier frequency pairs assignable
for private on-board mobile radiotelephony communications.
Need: Section 80.373(g)(2) allows, where needed, equipment designed
for 12.5 kHz channel spacing using the additional frequencies 457.5375
MHz, 457.5625 MHz, 467.5375 MHz, and 467.5625 MHz to be introduced for
on-board communications. The need for this section is ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.373(g)(2) Private communications frequencies.
Subpart I--Station Documents
Brief Description: Part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
I requires that licensees of radio stations have current station
documents.
Need: Section 80.409(e)(6) requires a weekly entry that verifies
that certain safety devices have been tested and inspected.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.409(e)(6) Station logs.
Subpart J--Public Coast Stations
Brief Description: Part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
J sets out the requirements and parameters for public coast stations.
Need: Section 80.475(d) sets out requirements for when certain AMTS
systems are required to connect to the public switched telephone
network. The need for this rule is ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.475(d) Scope of service of the Automated Maritime
Telecommunications System (AMTS).
Subpart R--Technical Equipment Requirements for Cargo Vessels not
Subject to Subpart W
Brief Description: The Part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
R rules provide the radiotelephone requirements for cargo ships of 300
to 1600 gross tons.
Need: Section 80.882 requires ships subject to this subpart of
maintain a watch on the frequency 2182 kHz. The need for this rule is
ongoing.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.882 2182 kHz watch.
Subpart S--Compulsory Radiotelephone Installations for Small
Passenger Boats
Brief Description: Part 80 rules set forth the conditions under
which radio stations may be licensed and used in the maritime services.
Subpart S provides that the provisions of Part III of Title III of the
Communication Act require United States vessels which transport more
than six passengers for hire while such vessels are being navigated on
any tidewater within the jurisdiction of the United States adjacent or
contiguous to the open sea, or in the open sea to carry a
radiotelephone installation complying with this subpart.
Need: Section 80.917(h) sets forth the conditions by which any
small passenger vessel, the keel of which was laid after March 1, 1957,
must have a reserve power supply located on the same deck as the main
wheelhouse or at least one deck above the vessel's main deck, unless
the main power supply is so situated. Further, beginning January 2,
2013, any small passenger vessel that does not carry a reserve power
supply must carry at least one VHF handheld radiotelephone. The need
for this section is ongoing.
[[Page 66257]]
Legal Basis: 47 U.S.C. 151-155, 301-609; 3 U.S.T. 3450, 3 U.S.T.
4726, 12 U.S.T. 2377.
Section Number and Title:
80.917(h) Reserve power supply.
Subpart W--Global Maritime Distress and Safety System (GMDSS)
Brief Description: Part 80 rules set forth the conditions under
which radio may be licensed and used in the maritime services. Subpart
W rules apply to all passenger ships regardless of size and cargo ships
of 300 tons gross tonnage and upwards, mostly fishing vessels, with
some exceptions.
Need: The rules in this subpart require that all compulsory
vessels, including fishing vessels of 300 gross tons or more, must
comply with all the GMDSS requirements appropriate to their area of
operation. A separate safety system for fishing vessels would be
expensive, difficult to administer, and would cause confusion during a
distress incident. Sections 80.1101(c)(2)(iii), (c)(3)(iii),
(c)(12)(vi),and (c)(13)(x) specify the appropriate performance
standards to which listed equipment must conform, as well as applicable
testing requirements.
Legal Basis: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as
amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST
2377.
Section Number and Title:
80.1101(c)(2)(iii), (c)(3)(iii), (c)(12)(vi), (c)(13)(x)
Performance standards.
Brief Description: Part 80 rules set forth the conditions under
which radio stations may be licensed and used in the maritime services.
Subpart W contains the rules applicable to the Global Maritime Distress
and Safety System (GMDSS). Every ship of the United States subject to
part II of title III of the Communications Act or the Safety Convention
must comply with the provisions of this subpart. The rules in this
subpart are to be read in conjunction with the applicable requirements
contained elsewhere in this part; however, in case of conflict, the
provisions of this subpart shall govern with respect to the GMDSS. For
the purposes of this subpart, distress and safety communications
include distress, urgency, and safety calls and messages.
Need: Section 80.1107 provides that unless the normal use of the
required radiotelephone station demonstrates that the equipment is
operating, a test communication on a required or working frequency must
be made each day the ship is navigated. Further, when this test is
performed by a person other than the master and the equipment is found
to be defective, the master must be promptly notified. The need for
this section is ongoing.
Legal Basis: 47 U.S.C. 151-155, and 301-609; 3 U.S.T. 3450, 3
U.S.T. 4726, 12 U.S.T. 2377.
Section Number and Title:
80.1107 Test of radiotelephone station.
PART 87--AVIATION SERVICES
Subpart D--Technical Requirements
Brief Description: Part 87 states the conditions under which radio
stations may be licensed and used in the aviation services. Some
maritime frequencies are authorized for use by aircraft stations for
safety and distress, public correspondence and for operational
communications. Subpart D provides for the technical requirements under
which radio stations may be licensed and used in the aviation services.
Need: Section 87.133(g) sets forth the carrier frequency tolerances
each station operating under this subpart must maintain. Any
aeronautical enroute service transmitter operating in U.S. controlled
airspace with 8.33 kHz channel spacing (except equipment being tested
by avionics equipment manufacturers and flight test stations prior to
delivery to their customers for use outside U.S. controlled airspace)
must achieve 0.0005% frequency stability when operating in that mode.
The need for this section is ongoing.
Legal Basis: 47 U.S.C. 154, 303, and 307(e), unless otherwise
noted.
Section Number and Title:
87.133(g) Frequency stability.
Subpart F--Aircraft Stations
Brief Description: Part 87 states the conditions under which radio
stations may be licensed and used in the aviation services. Some
maritime frequencies are authorized for use by aircraft stations for
safety and distress, public correspondence and for operational
communications. Subpart F provides that aircraft stations must limit
their communications to the necessities of safe, efficient, and
economic operation of aircraft and the protection of life and property
in the air, except as otherwise specifically provided in this part.
Contact with an aeronautical land station must only be attempted when
the aircraft is within the service area of the land station.
Need: Sections 87.187(gg) and (hh) provide that the frequencies
used for air-ground communications are listed in subpart E and that
aircraft stations may use frequencies assigned to Government or non-
Government aeronautical stations or radionavigation land stations if
the communications are within the aeronautical or radionavigation land
station scope of service, including specified frequencies in the
Hawaiian islands and other specified coordinate locations.
Further, transmissions by emergency locator transmitters (ELTs) are
intended to be actuated manually or automatically and operated
automatically as part of an aircraft or a survival craft station as a
locating aid for survival purposes. Section 87.195 provides that ELTs
that operate only on frequency 121.5 MHz will no longer be certified
and that the manufacture, importation, and sale of ELTs that operate
only on frequency 121.5 MHz is prohibited beginning July 10, 2019. The
need for this section is ongoing.
Legal Basis: 47 U.S.C. 154, 303, and 307(e)., unless otherwise
noted.
Section Number and Title:
87.187(gg) and (hh) Frequencies.
87.195 121.5 MHz ELTs.
Subpart J--Flight Test Stations
Brief Description: Part 87 states the conditions under which radio
stations may be licensed and used in the aviation services. Some
maritime frequencies are authorized for use by aircraft stations for
safety and distress, public correspondence and for operational
communications. Subpart J provides that the use of flight test stations
is restricted to the transmission of necessary information or
instructions relating directly to tests of aircraft or components
thereof.
Need: Section 87.303(f) denotes the frequencies available for
assignment to flight test land and aircraft stations and additional
frequencies available for assignment only to flight test stations of
aircraft manufacturers. Further, frequency assignments for Flight Test
VHF Stations may be based on either 8.33 kHz or 25 kHz spacing. The
need for this section is ongoing.
Legal Basis: 47 U.S.C. 154, 303, and 307(e), unless otherwise
noted.
Section Number and Title:
87.303(f) Frequencies.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
Subpart A--General Information
Brief Description: Part 90 sets forth the conditions under which
radio
[[Page 66258]]
communications systems may be licensed and used in the Public Safety,
Industrial/Business Radio Pool, and Radiolocation Radio Services. These
rules do not govern the licensing of radio systems belonging to and
operated by the United States. Sets forth the rules governing the
Emergency Alert System (EAS).
Need: Further clarified that and the environmental processing
requirements that, together with the procedures specified in Sec.
17.4(c) of this chapter, if applicable, must be complied with prior to
initiating construction.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
90.5(b) and (f) Other applicable rule parts.
Brief Description: The Part 90 rules set forth the conditions under
which radio communications systems may be licensed and used in the
Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio
Services. Subpart A rules inform the general basis, purposes, and
definitions of the rules.
Need: Section 90.5 lists other rule parts of importance that may be
referred to with respect to licensing and operations in radio services
governed under this part. Section 90.5(n) provides a cross-reference to
Part 101, which governs the operation of fixed microwave services. The
need for this rule is ongoing for clarity and to prevent confusion.
Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.5(n) Other applicable rule parts.
Subpart B--Public Safety Pool
Brief Description: Subpart B addresses the Public Safety Radio
Pool.
Need: Pursuant to the Middle Class Tax Relief and Job Creation Act
of 2012, Public Law 112-96, 126 Stat. 156 (2012), this provision
allocates the 758-769 MHz and 788-799 MHz bands for use by the First
Responder Network Authority to deploy a nationwide public safety
broadband network as prescribed by statute.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
Section Numbers and Title:
90.19 Nationwide Public Safety Broadband Network.
Brief Description: Subpart B outlines regulations for frequencies
the Public Safety Radio Pool.
Need: For administrative convenience and clarity assigned channel
names for the thirty-two frequency pairs listed in paragraph
(d)(66)(i).
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Numbers and Title:
90.20(d)(66)(i) Public Safety Pool.
Brief Description: These rules set forth the conditions under which
radio communications systems may be licensed and used in the Public
Safety, I. These rules do not govern the licensing of radio systems
belonging to and operated by the United States.
Need: The rules were amended to clarify the frequencies available
to Public Safety Entities.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Numbers and Title:
90.20(c)(7) Additional frequencies available.
Brief Description: Subpart B concerns the frequencies generally
available to Public Safety Entitles.
Need: Grandfathered public safety licensees licensed to operate on
157.225 MHz/161.825 MHz and 157.275 MHz/161.875 MHz.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
90.20(g)(2)(ii) Additional frequencies available.
Brief Description: This part states the conditions under which
radio communications systems may be licensed and used in the Public
Safety Pool. These rules do not govern the licensing of radio systems
belonging to and operated by the United States.
Need: This part states the conditions under which radio
communications systems may be licensed and used in the Public Safety
Pool. These rules do not govern the licensing of radio systems
belonging to and operated by the United States.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Title:
90.20(g)(3)(i) and (ii), (g)(3)(iii)(B) and (D), and (g)(3)(vi)
Public Safety Pool.
Subpart C--Industrial/Business Radio Pool
Brief Description: Subpart addresses the Industrial/Business Pool
including the entities eligible for licensure in the pool.
Need: The rules were amended to increase the availability of
frequencies in the Industrial/Business Pool to Public Safety licensees.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Numbers and Titles:
90.35(a)(5) Eligibility.
Brief Description: Part 90 rules set forth the conditions under
which radio communications systems may be licensed and used in the
Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio
Services. Subpart C rules set forth the rules specific to the
Industrial/Business Radio Pool.
Need: Section 90.35(c)(91) explains assignment limitations to the
frequency table, specifically a cross-reference that Subpart M of this
part contains rules for assignment of frequencies in the 5850-5925 MHz
band. This reference is necessary for clarity of the section.
Legal Basis: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.35(c)(91) Industrial/Business Pool (title of 90.35).
Subpart F--Radiolocation Service
Brief Description: The Radiolocation Service accommodates the use
of radio methods for determination of direction, distance, speed, or
position for purposes other than navigation. Rules as to eligibility
for licensing, permissible communications, frequency available, and any
special requirements are set forth in this subpart.
Need: Clarifies that the frequency band set forth in the table in
103(b) is shared with and stations operating in this frequency band in
this service are on a secondary basis to stations licensed in the
Maritime Mobile Service.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Titles:
90.103(c)(1) Radiolocation Service.
Brief Description: Part 90 sets forth the conditions under which
radio communications systems may be licensed and used in the Public
Safety, Industrial/Business Radio Pool, and Radiolocation Radio
Services. These rules do not govern the licensing of radio systems
belonging to and operated by the United States.
Need: The rules are needed to implement the Commission's authority
under Title III of the Communications Act of 1934, as amended which
vests authority in the Federal Communications Commission to regulate
radio transmission and to issue licenses for radio stations.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
[[Page 66259]]
90.103(c)(21) Radiolocation Service.
Subpart G--Supplemental Information to be Routinely Submitted With
Applications.
Brief Description: Outlines the information that must be routinely
provided with any application for licensure in the Public Safety,
Industrial/Business Radio Pool, and Radiolocation Radio Services.
Need: Further clarified that applicants must comply with the
environmental provisions of Sec. 17.4(c).
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
90.129(g) Supplemental information to be routinely submitted with
applications.
Subpart H--Policies Governing the Assignment of Frequencies
Brief Description: Part 90 rules set forth the conditions under
which radio communications systems may be licensed and used in the
Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio
Services. Subpart H rules inform about the policies under which the
Commission assigns frequencies for the use of licensees under this
part, frequency coordination procedures, and procedures under which
licensees may cooperatively share radio facilities.
Need: Sections 90.175(j)(18)-(22) provide types of applications
that need not be accompanied by evidence of frequency coordination,
including applications for frequencies in the 4940-4990 MHz band. This
rule allows for efficiency and streamlining; the need for this rule is
ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7),
and Title VI of the Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.175(j)(18) through (21) Frequency coordinator requirements.
90.175(j)(22) Frequency coordinator requirements (title of 90.175).
Subpart I--General Technical Standards
Brief Description: Part 90 states the conditions under which radio
communications systems may be licensed and used in the Public Safety,
Industrial/Business Radio Pool, and Radiolocation Radio Services.
Subpart I sets forth the general technical requirements for use of
frequencies and equipment in the radio services governed by this part.
Such requirements include standards for acceptability of equipment,
frequency tolerance, modulation, emissions, power, and bandwidths.
Need: These technical standards are needed to ensure that public
safety communications devices are interoperable and do not cause
harmful interference to other authorized communications. Section
90.205(j) specifies the rules for power and height limitations between
758-775 MHz and 788-805 MHz. Section 90.209(b)(5) Table 1, footnote 6
provides that operations using equipment designed to operate with a 25
kilohertz channel bandwidth may be authorized up to a 20 kilohertz
bandwidth unless the equipment meets the Adjacent Channel Power limits
of 90.221 in which case operations may be authorized up to a 22
kilohertz bandwidth. Section 90.209(b)(7) provides the conditions in
which Economic Area (EA)-based licensees in frequencies 817-824/862-869
MHz (813.5-824/858.5-869 MHz) may exceed the standard channel spacing
and authorized bandwidth. Section 90.210 Table 1, footnote 5 provides
that equipment designed to operate on 25 kilohertz bandwidth channels
must meet the requirements of either Emission Mask B or G, whichever is
applicable, while equipment designed to operate on 12.5 kilohertz
bandwidth channels must meet the requirements of Emission Mask D.
Section 90.221 specifies the frequencies and adjacent channel power
limits equipment designed to operate with a 25 kHz channel bandwidth
may be authorized up to a 22 kHz bandwidth. The need for these rules is
ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7),
1401-1473, and Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012, Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.205(j) Power and antenna height limits.
90.209(b)(5) Table 1, fn 6 Bandwidth limitations.
90.209(b)(7) Bandwidth limitations.
90.210 Table 1, fn 5 Emission masks.
90.221 Adjacent channel power limits.
Subpart J--NON-Voice and Other Specialized Operations
Brief Description: This subpart sets forth requirements and
standards for licensing and operation of non-voice and other
specialized radio uses (other than radiolocation, including mobile
relay stations.
Need: Describes the policies, duties and requirements for frequency
coordinators.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Title:
90.243(b)(1) Mobile relay stations.
Brief Description: Subpart J sets forth requirements and standards
for licensing and operation of non-voice and other specialized radio
uses (other than radiolocation). Such uses include secondary signaling,
telemetry, radioteleprinter, radiofacsimile, automatic vehicle
monitoring (AVM), radio call box, relay, vehicular repeater, and
control station operations.
Need: Amended provision to allow mobile repeaters to use either
analog or digital control tones.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
90.247(f) Mobile repeater stations.
Subpart K--Standards for Special Frequencies or Frequency Bands
Brief Description: Sets Forth the policies under which the
Commission assigns frequencies for the use of licensees under this
part, frequency coordination procedures, and procedures under which
licensees may cooperatively share radio facilities.
Need: Describes the policies, duties and requirements for frequency
coordinators.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Title:
90.528(d) Public Safety Broadband License.
Subpart R--Regulations Governing Licensing and Use of Frequencies
in the 763-775 and 793-805 MHZ Bands
Brief Description: This subpart regulates licensing and operations
of all systems operating in the in the 763-775 and 793-805 MHz bands.
It includes eligibility, operational, planning and licensing
requirements and technical standards for stations licensed in these
bands. Stations eligible to hold authorizations in these bands are
State or local government entities, and nongovernmental organizations
that provide services, the sole or principal purpose of which is to
protect the safety of life, health, or property.
Need: Sections 90.542 and 90.543(e), respectively, set the
broadband transmitting power limits and emission limits for this
subpart. The need for these rules is ongoing.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7);
Title VI of the Middle Class Tax Relief and Job
[[Page 66260]]
Creation Act of 2012, Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.542 Broadband transmitting power limits.
90.543(e) Emission limitations.
Subpart S--Regulations Governing Licensing and Use of Frequencies
in the 806-824, 851-869, 896-901, and 935-940 MHZ Bands
Brief Description: Subpart S regulates the frequencies in the 800
MHz band in order to foster the Provision of ``Enhanced Specialized
Mobile Radio,'' a term used to designate 800 MHz systems that employ
cellular system architecture.
Need: Revised the 800 MHz band plan for the U.S. Virgin Islands
(USVI) in order to accomplish the Commission's goals for 800 MHz band
reconfiguration. Created consistency between Puerto Rico and USV.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473.
Section Number and Title:
90.617(k)(1) through (4) Frequencies in the 809.750-824/854.750-869
MHz, and 896-901/935-940 MHz bands available for trunked, conventional
or cellular system use in non-border areas.
Brief Description: This subpart regulates licensing and operations
of all systems operating in the 806-824/851-869 MHz and 896-901/935-940
MHz bands. It includes eligibility requirements, and operational and
technical standards for stations licensed in these bands and also
supplements the Commission's Part 1 rules regarding application
procedures.
Need: Sections 90.617 (k)(3) and (4) set the minimum required
median desired signal for mobile units and portable units for purposes
of determining unacceptable interference. These rules result in
efficient use of the spectrum regardless of the reconfiguration status
of the band while preventing interference along the border and
protecting operations by non-cellular licensees.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7);
Title VI of the Middle Class Tax Relief and Job Creation Act of 2012,
Public Law 112-96, 126 Stat. 156.
Section Number and Title:
90.617(k)(3) and (4) Frequencies in the 809.750-824/854.750-869
MHz, and 896-901/935-940 MHz bands available for trunked, conventional
or cellular system use in non-border areas (title of 90.617).
Brief Description: This subpart sets out the regulations governing
the licensing and operations of all systems operating in the 806-824/
851-869 MHz and 896-901/935-940 MHz bands. It includes eligibility
requirements, and operational and technical standards for stations
licensed in these bands. It also supplements the rules regarding
application procedures contained in part 1, subpart F of this chapter.
The rules in this subpart are to be read in conjunction with the
applicable requirements contained elsewhere in this part; however, in
case of conflict, the provisions of this subpart shall govern with
respect to licensing and operation in these frequency bands.
Need: Implements bilateral agreements with Canada and Mexico.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Title:
90.619(c)(2) introductory text, (c)(2) Table C3, (c)(5)
introductory text, (c)(5) Table C5, (c)(7) introductory text, (c)(7)
Table C7, (c)(11) introductory text Operations within the U.S./Mexico
and U.S./Canada border areas.
Brief Description: Subpart S provides for the selection and
assignment of frequencies in the 800 MHz band.
Need: Amended the provision to restore language that was
inadvertently deleted when the rule was amended in another proceeding.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), and
1401-1473
Section Number and Title:
90.621(a) Selection and assignment of frequencies.
Subpart Y--Regulations Governing Licensing and Use of Frequencies
in yhe 4940-4990 MHZ Band
Brief Description: This subpart sets out the regulations governing
use of the 4940-4990 MHz (4.9 GHz) band. It includes eligibility
requirements, and specific operational and technical standards for
stations licensed in this band. The rules in this subpart are to be
read in conjunction with the applicable requirements contained
elsewhere in this part; however, in case of conflict, the provisions of
this subpart shall govern with respect to licensing and operation in
this band.
Need: Implements bilateral agreements with Canada and Mexico.
Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7).
Section Number and Title:
90.1207(d) Licensing.
PART 95--PERSONAL RADIO SERVICES
Subpart H--Wireless Medical Telemetry Service
Brief Description: Part 95 contains the Commission rules relating
to personal radio services. Rules in subpart H contains rules that
apply to the Wireless Medical Telemetry Service (WMTS) operating in the
608-614 MHz, 1395-1400 MHz, and 1427-1432 MHz frequency bands. WMTS
devices are used for remote monitoring of patients in thousands of
health care facilities across the country.
Need: Section 95.2309(b) governs the initial registration
requirements prior to the first use of a WMTS device by an authorized
health care provider. The need for this rule is ongoing.
Legal Basis: 47 U.S.C. 154, 301, 302(a), 303, and 307.
Section Number and Title:
95.2309(b) WM
[…truncated; see source link]Indexed from Federal Register on September 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.