**DA 02-2152**

**FCC SEEKS COMMENT REGARDING POSSIBLE**

**REVISION OR ELIMINATION OF RULES UNDER**

**THE REGULATORY FLEXIBILITY ACT, 5 U.S.C. § 610**

**Released:** September 6, 2002

**Comment Period Closes**: November 8, 2002

1.  Pursuant to the Regulatory Flexibility Act of 1980, *see* 5 U.S.C.
    §610, the Federal Communications Commission (FCC) hereby publishes a
    plan for the review of rules issued by the agency in calendar years
    2000, 2001 and 2002 which have, or might have, a significant
    economic impact on a substantial number of small entities. The
    purpose of the review will be to determine whether such rules should
    be continued without change or should be amended or rescinded,
    consistent with the stated objectives of applicable statutes, to
    minimize any significant economic impact of such rules upon a
    substantial number of small entities.

2.  The accompanying Appendix lists the FCC regulations to be reviewed
    during the next twelve months. In succeeding years, as here, lists
    will be published for the review of regulations promulgated ten
    years proceeding the year of review.

3.  In reviewing each rule under this plan, in order to minimize the
    possible significant economic impact on small entities, consistent
    with the stated objectives of the applicable statues, the FCC will
    consider the following factors:

    a.  The continued need for the rule;

    b.  The nature of complaints or comments received concerning the
        rule from the public;

    c.  The complexity of the rule;

    d.  The extent to which the rule overlaps, duplicates, or conflicts
        with other Federal rules, and, to the extent feasible, with
        State and local governmental rules; and

    e.  The length of time since the rule has been evaluated or the
        degree to which technology, economic conditions, or other
        factors have changed in the area affected by the rule.

4.  Appropriate information has been provided for each rule, including a
    brief description of the rule and the need for and legal basis of
    the rule. The public is invited to comment on the rules chosen for
    review by November 8, 2002. All relevant and timely comments will be
    considered by the FCC before final action is taken in this
    proceeding. To file formally in this proceeding, participants should
    file an original and four copies of all comments. Comments will be
    available for public inspection during regular business hours in the
    FCC Reference Center of the Federal Communications Commission, 445
    12^th^ Street, SW, Washington, DC 20554.

> For additional information, contact Carolyn Fleming Williams at (202)
> 418-1026.

#  {#section .unnumbered}

#  {#section-1 .unnumbered}

#  {#section-2 .unnumbered}

#  {#section-3 .unnumbered}

#  {#section-4 .unnumbered}

**APPENDIX**

**PART 25 -- SATELLITE COMMUNICATIONS**

**SUBPART B -- APPLICATIONS AND LICENSES**

**Brief Description:** These rules establish the requirements and
conditions under which space and earth stations may be licensed.

**Need:** To establish proper procedures for submitting the correct
information for filing space and earth stations applications.

**Legal Basis:** 47 USC §§ 154, 301, 302, 303, 307, 309, 332.

**Section Number and Title:**

25.110 Filing of applications, fees, and number of copies.

25.111 Additional information.

25.112 Defective applications.

25.113 Construction permits, station licenses, launch authority.

25.114 Applications for space station authorizations.

25.115 Application for earth station authorizations.

25.116 Amendments to applications.

25.117 Modification of station license.

25.118 Modifications not requiring prior authorization.

25.119 Assignment or transfer of control of station authorization.

25.120 Application for special temporary authorization.

25.121 License term and renewals.

25.130 Filing requirements for transmitting earth stations.

25.131 Filing requirements for receive-only earth stations.

25.132 Verification of earth station antenna performance standards.

> 25.133 Period of construction; certification of commencement of
> operation.
>
> 25.134 Licensing provisions of Very Small Aperture Terminal (VSAT)
> networks.
>
> 25.135 Licensing provisions for earth station networks in the
> non-voice, non-geostationary mobile-satellite service.
>
> 25.136 Operating provisions for earth station networks in the 1.6/2.4
> GHz mobile-satellite service.
>
> 25.137 Application requirements for earth stations operating with
> non-U.S. licensed space stations.
>
> 25.138 Blanket licensing provisions of GSO FSS Earth Stations in the
> 18.58-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth),
> 28.35-28.6 GHz (Earth-to-space) and 29.5-30.0 GHz (Earth-to-space)
> bands.

25.140 Qualifications of fixed-satellite space station licensees.

25.141 Licensing provisions for the radiodetermination satellite
service.

> 25.142 Licensing provisions for the non-voice, non-geostationary
> mobile-satellite service.
>
> 25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite
> service.
>
> 25.144 Licensing provisions for the 2.3 GHz satellite digital audio
> radio service.
>
> 25.145 Licensing conditions for the Fixed-Satellite Service in the
> 20/30 GHz bands.
>
> 25.150 Receipt of applications.

25.151 Public notice period.

25.152 Dismissal and return of applications.

25.153 Repetitious applications.

25.154 Opposition to applications and other pleadings.

25.155 Mutually exclusive applications.

25.156 Consideration of applications.

25.160 Administrative sanctions.

25.161 Automatic termination of station authorization.

25.162 Cause for termination of interference protection.

25.163 Reinstatement.

**SUBPART D -- TECHNIAL OPERATIONS**

**Brief Description:** This rule requires that all video satellite
uplink transmissions, licensed under Part 25 be encoded with a signal to
identify the station. The rule specifies that a subcarrier based system
will be used to transmit the identification.

**Need:** The need for better radio spectrum management to control
interference, allow flexibility to deal with new technology and
standardize the proliferating number of pseudo-automatic identification
systems now coming into use make this item necessary. The intended
effect is improved radio spectrum management.

**Legal Basis:** 47 USC §§ 154, 301, 302, 303, 307, 309, 332.

**Section Number and Title:**

25.281 Automatic Transmitter Identification System (ATIS).

**PART 43 -- REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES**

**Brief Description:** The rule sets forth the requirements and
procedures for carriers to file information on their U.S. international
telecommunications traffic including minutes and revenues.

**Need:** The rule provides essential data that is used by both the
agency and carriers for international facilities planning, facility
authorization, monitoring emerging developments in communications
services, analyzing market structures, tracking the balance of payments
in international communications services, and market analysis purposes.

**Legal Basis:**. 47 USC §§ 154, 201, 203, 219.

**Section Number and Title:**

43.61 Reports of international telecommunications traffic.

# 

# 

# PART 64 -- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS {#part-64-miscellaneous-rules-relating-to-common-carriers .unnumbered}

**Brief Description:** The rule sets forth the procedures for U.S.
carriers, engaged in international telecommunications, seeking approval
to make changes in accounting rates.

**Need:** The rule provides U.S. carriers with a mechanism to quickly
seek agency approval to implement simple accounting rate changes. The
rule also enables the Commission to monitor the international accounting
rates of carriers to ensure consistency with agency policies and the
public interest.

**Legal Basis:** 47 USC §§ 154, 201, 211.

**Section Number and Title:**

64.1001 International settlements policy and modification requests.

[Rule]{.underline} [Year Added]{.underline} [Bureau or
Office]{.underline}

1.17 1990 EB

1.65(c) 1990, 1991 EB

1.80(a)(4), (b)(3) 1990 EB

1.791 1990 CCB

1.824 1991 MMB

1.931(a) 1991 WTB

attachments

**OFFICE OF GENERAL COUNSEL**

**SUBPART I -- PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969**

**Brief Description**: These rules implement the National Environmental
Policy Act of 1969, including actions that may have a significant impact
on the environment and require the preparation of an Environmental
Assessment (EA), and the determination of environmental impacts for the
construction of facilities where no preconstruction authorization from
the Commission is required.

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

**Legal Basis:** 42 U.S.C. §§ 4321-4335.

**Section Number and Title:**

1.1307(b) notes 1, 2, 3 Actions that may have a significant
environmental effect for which Environmental Assessments (EAs) must be
prepared

1.1312 Facilities for which no preconstruction authorization is
required.

**SUBPART P -- IMPLEMENTATION OF THE ANTI-DRUG ABUSE ACT OF 1988**

**Brief Description:** These rules implement the Anti-Drug Abuse Act of
1988 to determine the eligibility for professional and commercial
licenses issued by the Commission with respect to any denials of Federal
benefits imposed by Federal or state courts.

**Need:** These rules implement the Anti-Drug Abuse Act of 1988.

**Legal Basis:** 21 U.S.C. § 862.

**Section Number and Title:**

1.2001 Purpose

1.2002 Applicants Required to submit information

1.2003 Applications affected.

# PART 22 -- PUBLIC MOBILE SERVICES

**SUBPART H -- CELLULAR RADIOTELEPHONE SERVICE**

**Brief Description:** These rules prescribe procedures for Cellular
Radiotelephone Service licensees in the public mobile services.

**Need:** These rules are established to provide procedures for cellular
licensees. The rules govern licensing, technical standards, and other
matters relating to cellular service.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 309, 332.

**Section Number and Title:**

> 22.911 Cellular geographic service area.

22.943(b) Limitations on assignments and transfers of cellular
authorizations.

> 22.945(c) Interests in multiple applications.
>
> 22.947(c) Five year build-out period.
>
> 22.949 Unserved area licensing process.
>
> 22.951 Minimum coverage requirement.

953. Content and form of applications.

# PART 80 -- STATIONS IN THE MARITIME SERVICES

**Brief Description:** These rules include radio services in the
Maritime Mobile Service, the Maritime Mobile-Satellite Service, the
Maritime Radiodetermination Service, and stations in the Fixed Service
that support maritime operations. Regardless of service, marine stations
are either considered to be stations on shipboard or stations on land. A
license is required for each land station. Ship stations are licensed by
rule (no individual license needed) when they operate only on domestic
voyages and are not required by law to carry a radio. Rules concerning
domestic marine communications are matched to requirements of the U.S.
Coast Guard, which monitors marine distress frequencies continuously in
U.S. waters.

**Need:** These marine radio service rules are promulgated to promote
safety and operational activities of nonfederal maritime activities,
including U.S. vessels that traverse international waters. The rules
also reduce radio interference among radio users by promoting the
efficient use of the radio spectrum.

**Legal Basis:** Secs. 4, 303, 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:**

# SUBPART B -- APPLICATIONS AND LICENSES

54. Automated Maritime Telecommunications System (AMTS) -- system
    licensing.

# SUBPART C -- OPERATING REQUIREMENTS AND PROCEDURES

1.  Public coast stations using facsimile and data.

80.141 General provisions for ship stations.

**SUBPART E -- GENERAL TECHNICAL STANDARDS**

80.203 Authorization of transmitters for licensing.

80.205 Bandwidths.

80.207 Classes of emission.

80.211 Emission limitations.

80.213 Modulation requirements.

80.223 Special requirements for survival craft stations.

# SUBPART G -- SAFETY WATCH REQUIREMENTS AND PROCEDURES

1.  Watch required by voluntary vessels.

# SUBPART H -- FREQUENCIES 

80.355 Distress, urgency, safety, call and reply Morse code frequencies.

80.357 Morse code working frequencies.

80.363 Frequencies for facsimile.

80.371 Public correspondence frequencies.

80.373 Private communications frequencies.

1.  Special provisions for frequencies in the 4000-4063 kHz and the
    8100-8195 kHz bands shared with the fixed service.

80.375 Radiodetermination frequencies.

80.385 Frequencies for automated systems.

80.387 Frequencies for Alaska fixed stations.

**SUBPART K -- PRIVATE COAST STATIONS AND MARINE UTILITY STATIONS**

80.514 Marine VHF frequency coordinating committee(s).

**SUBPART Q -- COMPULSORY RADIOTELEGRAPH INSTALLATIONS FOR VESSELS 1600
GROSS TONS**

80.802 Inspection of Stations.

80.836 General Exemptions.

**SUBPART S -- COMPULSORY RADIOTELEPHONE INSTALLATIONS FOR SMALL
PASSENGER BOATS**

1.  Radiotelephone transmitter.

80.913 Radiotelephone receivers.

80.923 Antenna system.

80.931 Test of radiotelephone installation.

SUBPART U -- RADIOTELEPHONE INSTALLATIONS REQUIRED BY THE
BRIDGE-TO-BRIDGE ACT

80.1001 Applicability.

1.  Transmitter.

> 80.1013 Receiver.

**SUBPART V -- EMERGENCY POSITION INDICATING RADIOBEACONS (EPIRB'S)**

80.1059 Special Requirements for Class S EPIRB stations.

80.1061 Special Requirements for 406.025 MHz EPIRBs.

SUBPART W -- GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM

(GMDSS)

1.  Applicability.

> 80.1067 Inspection of station.
>
> 80.1069 Maritime sea areas.
>
> 80.1071 Exemptions.
>
> 80.1073 Radio operator requirements for ship stations.
>
> 80.1074 Radio maintenance personnel for at-sea maintenance.
>
> 80.1075 Radio records.
>
> 80.1077 Frequencies.
>
> 80.1081 Functional Requirements.
>
> 80.1083 Ship radio installations.
>
> 80.1085 Ship radio equipment-General.
>
> 80.1087 Ship radio equipment-Sea area A1.
>
> 80.1089 Ship radio equipment-Sea areas A1 and A2.
>
> 80.1091 Ship radio equipment-Sea areas A1, A2 and A3.
>
> 80.1093 Ship radio equipment-Sea areas A1, A2, A3 and A4.
>
> 80.1095 Survival craft equipment.
>
> 80.1099 Ship sources of energy.

1.  Performance standards.

> 80.1103 Equipment authorization.
>
> 80.1105 Maintenance Requirements.
>
> 80.1109 Distress, urgency, and safety communications.
>
> 80.1111 Distress alerting.
>
> 80.1113 Transmission of a distress alert.
>
> 80.1115 Transmission of a distress alert by a station not itself in
> distress.
>
> 80.1117 Procedure for receipt and acknowledgment of distress alerts.
>
> 80.1119 Receipt and acknowledgement of distress alerts by coast
> stations and coast earth stations.
>
> 80.1121 Receipt and acknowledgement of distress alerts by ship
> stations and ship earth stations.
>
> 80.1123 Watch requirements for ship stations.
>
> 80.1125 Search and rescue coordinating communications.
>
> 80.1127 On-scene communications.
>
> 80.1129 Locating and homing signals.
>
> 80.1131 Transmissions of urgency communications.
>
> 80.1133 Transmissions of safety communications.
>
> 80.1135 Transmissions of maritime safety information.

# PART 87 -- AVIATION SERVICES

**Brief Description:** The Aviation Services consist of three
internationally-allocated services. (1) The Aeronautical Mobile Service
includes aeronautical advisory stations, aeronautical enroute stations,
airport control stations, and automatic weather observation stations.
(2) The Aeronautical Radionavigation Service includes stations used for
navigation, obstruction warning, instrument landing, and measurement of
altitude and range. (3) The Aeronautical Fixed Service is a system of
fixed stations used for point-to-point communications for aviation
safety, navigation, or preparation for flight. The Commission regulates
the Aviation Services in cooperation with the Federal Aviation
Administration.

**Need:** These aviation radio services rules are promulgated to promote
safety and provide systems of non-governmental use of radio for
aeronautical communications, aeronautical radio navigation, and search
and rescue operations. The rules also reduce radio interference among
radio users by promoting the efficient use of the radio spectrum.

**Legal Basis:** 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. §§
151, 152, 153, 154, 155, 156, 301 through 609.

Section Number and Title:

SUBPART A -- GENERAL INFORMATION

87.5 Definitions.

SUBPART B -- APPLICATIONS AND LICENSES

87.51 Aircraft earth station commissioning.

SUBPART D -- TECHNICAL REQUIREMENTS

87.131 Power and emissions.

87.133 Frequency stability.

87.137 Types of emission.

87.139 Emission limitations.

87.141 Modulation requirements.

87.145 Acceptability of transmitters for licensing.

87.147 Authorization of equipment.

SUBPART E -- FREQUENCIES

87.171 Class of station symbols.

87.173 Frequencies.

SUBPART F -- AIRCRAFT STATIONS

87.175 Scope of Service.

87.187 Frequencies.

87.189 Requirements for public correspondence equipment and operations.

SUBPART G -- AERONAUTICAL ADVISORY STATIONS (UNICOMS)

87.213 Scope of Service.

87.215 Supplemental Eligibility.

87.217 Frequencies.

SUBPART I -- AERONAUTICAL ENROUTE AND AERONAUTICAL FIXED STATIONS

87.263 Frequencies.

SUBPART J -- FLIGHT TEST STATIONS

87.303 Frequencies.

# SUBPART L -- AERONAUTICAL UTILITY MOBILE STATIONS

87.347 Supplemental Eligibility.

87.349 Frequencies.

# SUBPART O -- AIRPORT CONTROL TOWER STATIONS

87.419 Supplemental Eligibility.

87.421 Frequencies.

87.425 Interference.

# PART 90 -- PRIVATE LAND MOBILE RADIO SERVICES

**Brief Description:** These services include both Private Land Mobile
Radio (PLMR) services and Commercial Mobile Radio Services (CMRS). PLMR
services allow businesses, local governments, public safety entities,
educational institutions, hospitals, service providers and utilities to
build their own internal communication systems to meet specialized
needs. CMRS provides service to customers. CMRS services regulated under
Part 90 include the provision of service to Industrial/Business Pool
below 470 MHz on a for-profit basis, the Specialized Mobile Radio
Service, the 220 MHz Service, the Location and Monitoring Service, and
Private Paging. Channels are in the 30-50, 150-170, 220-222, 420-512,
700, 800, and 900 MHz bands. Some channels are shared; others are
exclusive. Frequencies are often assigned in pairs for use in two-way
communications. Common uses are for dispatch communications, alerting,
monitoring, alarms, operational communications, and the provision of
service (either on a private carriage basis or as a Commercial Mobile
Radio Service) to others.

**Need:** These land mobile radio services rules are promulgated to
promote flexibility to radio users in meeting their communications needs
where communications are used as a tool for businesses to provide their
products and services more economically.

**Legal Basis:** Secs. 4, 303; 48 Stat., as amended 1066, 1082; 47
U.S.C. §§ 154, 303.

Section Number and Title:

**SUBPART G -- APPLICATIONS AND AUTHORIZATIONS**

90.127 Submission and filing of applications.

90.135 Modification of license.

**SUBPART J -- NON-VOICE AND OTHER SPECIALIZED OPERATIONS**

90.235 Secondary fixed signaling operations.

**SUBPART K -- STANDARDS FOR SPECIAL FREQUENCIES OR FREQUENCY BANDS**

90.257 Assignment and use of frequencies in the band 72-76 MHz.

**SUBPART L -- AUTHORIZING IN THE BAND 470-512 MHz (UHF-TV SHARING)**

1.  Fixed ancillary signaling and data transmissions.

**SUBPART S -- REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN
THE 806-824, 851-869, 896-901, AND 935-940 MHz BANDS.**

90.609 Special limitations on amendment of applications for assignment
or transfer of authorizations for radio systems above 800 MHz.

90.619 Frequencies available for use in the U.S./Mexico and U.S./Canada
border areas.

90.621 Selection and assignment of frequencies.

90.637 Restrictions on operational fixed stations.

90.655 Special licensing requirements for Specialized Mobile Radio
systems.

90.656 Responsibilities of base station licensees of Specialized Mobile
Radio systems.

90.658 Loading data required for base station licensees of trunked
Specialized Mobile Radio systems to acquire additional channels or to
renew trunked systems licensed before June 1, 1993.

PART 95 -- PERSONAL RADIO SERVICES

Brief Description: The Personal Radio Services provide the general
public with short-range wireless communications for a variety of
activities. The services include the General Mobile Radio Service
(GMRS), the Family Radio Service (FRS), the Radio Control Radio Service
(R/C Service), the Citizens Band Radio Service, the 218-219 MHz Service,
the Low Power Radio Service (LPRS), the Wireless Medical Telemetry
Service (WMTS), and the Medical Implant Communications Service (MICS).
GMRS allows short-range two-way communications to facilitate the
activities of the licensee and their immediate family members. FRS
allows short-range voice communications. The R/C Service allows the
remote operation and control devices such as model airplanes and
aircraft. The 218-219 MHz Service is a two-way radio service that allows
licensees to provide communications services to subscribers in a
specific service area. LPRS is used to provide auditory assistance
communications for people with disabilities or people requiring language
translation, health care related communications, and law enforcement
tracking signals. WMTS is used to measure and record physiological
parameters and other patient-related information. MICS is used to
transmit operational, diagnostic, or therapeutic information concerning
medical implant devices to health care professionals.

Need: These personal radio services rules are promulgated to promote
flexibility of users to take advantage of new technology and equipment.

Legal Basis: Secs. 4, 303; 48 Stat. 1066, 1082, as amended; 47 U.S.C. §§
154, 303.

Section Number and Title:

SUBPART D -- CITIZENS BAND (CB) RADIO SERVICE

95.418 (CB Rule 18) How do I use my CB station in an emergency or to
assist a traveler?

SUBPART E -- TECHNICAL REGULATIONS

95.623 R/C transmitter channel frequencies.

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

**SUBPART A -- TERMINOLOGY**

**Brief Description:** This rule provides definitions for terms used in
rules.

**Need:** This rule is essential for the implementation and
understanding of other rule sections.

**Legal Basis:** 47 U.S.C. § 302

2.1(c) Definitions

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

**SUBPART B -- ALLOCATION, ASIGNMENT AND USE OF RADIO FREQUENCIES**

**Brief Description:** These rules display the Table of Frequency
Allocations, which sets forth a "road map" of the service allocations of
radio frequency spectrum throughout the world. The Table of Allocations
also indicates how spectrum is allocated among Federal Government users,
who are subject to the regulatory jurisdiction of the Department of
Commerce's National Telecommunications and Information Administration,
and non-Federal users, who are subject to the Commission's jurisdiction.
The table further shows the services to which the various spectrum bands
are allocated. The precise technical rules governing each service
regulated by the Commission, however, are set forth in the several other
parts of the Commission's rules.

**Need:** These rules are promulgated to promote the efficient use of
the radio spectrum in order to prevent harmful interference among users
of radio frequencies, to ensure safety of life and property, and to
promote interoperability among radio frequencies throughout the world.

**Legal Basis:** 47 U.S.C. §§ 154, 303.

**Section Number and Title:**

1.  Table of Frequency Allocations

**SUBPART J -- EQUIPMENT AUTHORIZATION PROCEDURES**

**Brief Description:** These rules provide technical standards for radio
equipment and their parts and components.

**Need:** These rules permit the Commission to carry out its
responsibilities under the Communications Act and the various treaties
and international regulations, and to promote the efficient utilization
of the spectrum.

**Legal Basis:** 47 U.S.C. §§ 154, 303.

**Section Number and Title:**

2.948 Description of measurement facilities.

2.1033(b)(11) Application for certification.

2.1055(a)(2) Measurements required; Frequency stability.

**SUBPART K -- IMPORTATION OF DEVICES CAPABLE OF CAUSING HARMFUL
INTERFERENCE**

**Brief Description:** These rules are designed to prevent interference
from radio-frequency devices and to facilitate the filing of FCC Form
740 information regarding equipment importation.

**Need:** These rules control technical criteria, reducing filing and
handling burden on both importers and the federal government, including
the U.S. Customs Service.

**Legal Basis:** 27 U.S.C. §§ 154(I), 302, 303(r).

**Section Number and Title:**

2.1201 Purpose.

2.1202 Exclusions.

2.1203 General requirement for entry into the U.S.A.

2.1204 Import conditions.

2.1205 Filing of required declaration.

2.1207 Examination of imported equipment.

**SUBPART N \-- FCC Procedure for Testing Class A, B, and S Emergency
Position Indicating Radiobeacons (EPIRBs)**

**Brief Description:** These rules set standards for testing Class A, B,
and S Emergency Position Indicating Radiobeacons (EPIRBs)

**Need:** These rules are necessary to provide manufacturers with
information necessary to develop EPIRB equipment that will comply with
technical standards, and to ensure the appropriate measurement of such
equipment to determine its compliance with our technical rules.

**Legal Basis:** 47 U.S.C. §§ 154, 302

**Section Number and Title:**

1.  Introduction.

2.1503 Test environment.

1.  Test instrumentation and equipment.

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1.  Test frequencies.

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1.  Environmental and duration tests.

    1.  Measurements of radiated emissions.

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1.  Measurements of modulation characteristics.

    1.  Spectral Measurements.

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1.  Data recording/reporting requirements.

**PART 5 -- experimental radio service (other than broadcast)**

**subpart b -- applications and licenses**

**Brief Description:** These rules set out eligibility, application,
licensing and operating procedures and requirements for experimental
stations.

**Need:** These rules permit the experimentation in new radio technology
and applications while ensuring the protection of incumbent services.

**Legal Basis:** 47 U.S.C. §§ 154, 302, 307.

**Section Number and Title:**

5.51(c) Eligibility of license.

5.53(b) Stations authorization required.

**PART 15 -- RADIOFREQUENCY DEVICES**

**Brief Description:** These rules provide the parameters necessary to
permit the unlicensed operation of radiofrequency devices, including
specification of the levels of wanted and unwanted emissions and
frequencies of permitted operation

**Need:** These rules are necessary to promote the efficient use of the
radio spectrum by preventing harmful interference to licensed radio
services that share the same or nearby spectrum as unlicensed devices.
Such licensed services include broadcast, cellular, safety-of-life
communications, U.S. Government operations, and others.

**Legal Basis:** 47 U.S.C. §§ 154, 302, 307.

**Section Number and Title:**

**SUBPART A -- GENERAL**

1.  Definitions.

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1.  Measurement standards.

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1.  Measurement detector functions and bandwidths.

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1.  Transition provisions for compliance with the rules.

**SUBPART B -- UNINTENTIONAL RADIATORS**

1.  Conducted limits.

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1.  Radiated emission limits.

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1.  TV interface devices, including cable system terminal devices.

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1.  Closed caption decoder requirements for analog television receivers

**SUBPART C -- INTENTIONAL RADIATORS**

1.  Antenna requirement

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1.  Restricted bands of operation

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1.  Conducted limits

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1.  Radiated emission limits; general requirements

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1.  Cordless telephones

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1.  Operation in the band 525-1705 kHz

15.229 Operation in the band 40.66-40.70 MHz

1.  Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0
    MHz

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1.  Operation within the bands 902-928 MHz, 2435-2465 MHz, 5785-5815
    MHz,

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245. 10500-10550 MHz, and 14075-14175 MHz

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1.  Operation within the bands 902-928 MHz, 2400-2483.5 MHz, and
    5725-5850 MHz

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1.  Operations within the bands 902-928 MHz, 2400-2483.5 MHz, 5725-2875
    MHz,

and 24.0-24.25 GHz

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

**SUBPART A -- TERMINOLOGY**

**Brief Description:** This rule provides definitions for terms used in
rules.

**Need:** This rule is essential for the implementation and
understanding of other rule sections.

**Legal Basis:** 47 U.S.C. § 302

2.1(c) Definitions

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

**SUBPART B -- ALLOCATION, ASIGNMENT AND USE OF RADIO FREQUENCIES**

**Brief Description:** These rules display the Table of Frequency
Allocations, which sets forth a "road map" of the service allocations of
radio frequency spectrum throughout the world. The Table of Allocations
also indicates how spectrum is allocated among Federal Government users,
who are subject to the regulatory jurisdiction of the Department of
Commerce's National Telecommunications and Information Administration,
and non-Federal users, who are subject to the Commission's jurisdiction.
The table further shows the services to which the various spectrum bands
are allocated. The precise technical rules governing each service
regulated by the Commission, however, are set forth in the several other
parts of the Commission's rules.

**Need:** These rules are promulgated to promote the efficient use of
the radio spectrum in order to prevent harmful interference among users
of radio frequencies, to ensure safety of life and property, and to
promote interoperability among radio frequencies throughout the world.

**Legal Basis:** 47 U.S.C. §§ 154, 303.

**Section Number and Title:**

106. Table of Frequency Allocations.

**SUBPART J -- EQUIPMENT AUTHORIZATION PROCEDURES**

**Brief Description:** These rules provide technical standards for radio
equipment and their part and components.

**Need:** These rules permit the Commission to carry out its
responsibilities under the Communications Act and the various treaties
and international regulations, and to promote the efficient utilization
of the spectrum.

**Legal Basis:** 47 U.S.C. §§ 154, 303.

**Section Number and Title:**

2.948 Description of measurement facilities

2.1033(b) (11) Application for certification.

2.1055(a) (2) Measurements required; Frequency stability.

**SUBPART K -- IMPORTATION OF DEVICES CAPABLE OF CAUSING HARMFUL
INTERFERENCE**

**Brief Description:** These rules are designed to prevent interference
from radio-frequency devices and to facilitate the filing of FCC Form
740 information regarding equipment importation.

**Need:** These rules control technical criteria, reducing filing and
handling burden on both importers and the federal government, including
the U.S. Customs Service.

**Legal Basis:** 27 U.S.C. §§ 154(I), 302, 303(r).

**Section Number and Title:**

2.1201 Purpose.

2.1202 Exclusions.

2.1203 General requirement for entry into the U.S.A.

2.1204 Import conditions.

2.1205 Filing of required declaration.

2.1207 Examination of imported equipment.

**SUBPART N \-- FCC Procedure for Testing Class A, B, and S Emergency
Position Indicating Radiobeacons (EPIRBs)**

**Brief Description:** These rules set standards for testing Class A, B,
and S Emergency Position Indicating Radiobeacons (EPIRBs)

**Need:** These rules are necessary to provide manufacturers with
information necessary to develop EPIRB equipment that will comply with
technical standards and to ensure the appropriate measurement of such
equipment to determine its compliance with our technical rules.

**Legal Basis:** 47 U.S.C. §§ 154, 302

**Section Number and Title:**

1501. Introduction.

2.1503 Test environment.

1505. Test instrumentation and equipment.

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1507. Test frequencies.

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1509. Environmental and duration tests.

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1511. Measurements of radiated emissions

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1513. Measurements of modulation characteristics.

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1515. Spectral Measurements.

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1517. Data recording/reporting requirements.

**PART 5 -- experimental radio service (other than broadcast)**

**subpart b -- applications and licenses**

**Brief Description:** These rules set out eligibility, application,
licensing and operating procedures and requirements for experimental
stations.

**Need:** These rules permit the experimentation in new radio technology
and applications while ensuring the protection of incumbent services.

**Legal Basis:** 47 U.S.C. §§ 154, 302, 307.

**Section Number and Title:**

5.51(c) Eligibility of license.

5.53(b) Stations authorization required.

**PART 15 -- RADIOFREQUENCY DEVICES**

**Brief Description:** These rules provide the parameters necessary to
permit the unlicensed operation of radiofrequency devices, including
specification of the levels of wanted and unwanted emissions and
frequencies of permitted operation.

**Need:** These rules are necessary to promote the efficient use of the
radio spectrum by preventing harmful interference to licensed radio
services that share the same or nearby spectrum as unlicensed devices.
Such licensed services include broadcast, cellular, safety-of-life
communications, U.S. Government operations, and others.

**Legal Basis:** 47 U.S.C. §§ 154, 302, 307.

**Section Number and Title:**

**SUBPART A -- GENERAL**

3.  Definitions.

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31. Measurement standards.

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35. Measurement detector functions and bandwidths.

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37. Transition provisions for compliance with the rules.

**SUBPART B -- UNINTENTIONAL RADIATORS**

107. Conducted limits.

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109. Radiated emission limits.

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115. TV interface devices, including cable system terminal devices.

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119. Closed caption decoder requirements for analog television
     receivers.

**SUBPART C -- INTENTIONAL RADIATORS**

203. Antenna requirement.

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205. Restricted bands of operation.

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207. Conducted limits.

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209. Radiated emission limits; general requirements.

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214. Cordless telephones.

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221. Operation in the band 525-1705 kHz.

15.229 Operation in the band 40.66-40.70 MHz.

237. Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0
     MHz.

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246. Operation within the bands 902-928 MHz, 2435-2465 MHz, 5785-5815
     MHz,

> 10500-10550 MHz, and 14075-14175 MHz.

247. Operation within the bands 902-928 MHz, 2400-2483.5 MHz, and
     5725-5850

> GHz.

15.249 Operations within the bands 902-928 MHz, 2400-2483.5 MHz,
5725-2875 MHz, and 24.0-24.25 GHz.

# TITLE 47 OF THE CODE OF FEDERAL REGULATIONS {#title-47-of-the-code-of-federal-regulations .unnumbered}

**\[TELECOMMUNICATION.\]**

**PART 76 MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE**

# SUBPART A -- GENERAL

**Brief Description:** The rules and regulations set forth in this
section provide for the certification of cable television systems and
for their operation in conformity with standards for carriage of
television broadcast signals, program exclusivity, cablecasting, access
channels, and related matters.

**Need:** Theses rules prescribe definitions of cable television terms
and requirements for waivers for special relief, enforcement,
complaints, as well as declaratory ruling procedures.

**Legal basis:** 47 U.S.C. § 154, 303, 339

**Section Number** **and** **Title:**

76.5 (jj) Definitions: *Rural area.*

76.5 (kk) Definitions: *Technically integrated.*

76.7 (e) General special relief, waiver, enforcement, complaint, show
cause, forfeiture, and declaratory ruling procedures. *Additional
procedures and written submissions.*

**SUBPART D -- CARRIAGE OF TELEVISION BROADCAST SIGNALS**

**Brief Description:** These rules provide for the carriage of
television broadcast signals on cable television systems. Subject to the
Commission's network nonduplication, syndicated exclusivity and sports
broadcasting rules, cable systems must carry the entirety of the program
schedule of every local television station carried pursuant to the
Commission's mandatory carriage provisions or the retransmission consent
provisions. A broadcaster and a cable operator may negotiate for partial
carriage of the signal where the station is not eligible for must-carry
rights, either because of the station's failure to meet the requisite
definitions or because the cable system is outside the station's market
area.

**Need:** These rules prescribe requirements and obligations concerning
cable television system carriage of television broadcast signals.

**Legal basis:** 47 U.S.C. § 154

**Section Number and Title:**

> 76.54 (c) Significantly viewed signals, method to be followed for
> special showings.

**SUBPART G -- CABLECASTING**

**Brief Description:** These rules provide for origination cablecasting
concerning legally qualified candidates for public office, and rates
charged for use of cable television systems by candidates in connection
with campaign activities, including political files and fairness
doctrines. Also, the rules include information concerning the rates,
terms, conditions and all discounts and privileges offered to commercial
advertisers should be disclosed and made available to candidates They
also prescribe provisions for

origination cablecasting for any advertisements of or information
concerning any lottery, gift, enterprise, or similar scheme offering
prizes dependent in whole or in part upon lot of chance.

**Need:** These rules prescribe requirements that enable legally
qualified political candidates to use cable television facilities.

**Legal basis:** 47 U.S.C. § 154

**Section Number and Title:**

> 76.205 Origination cablecasts by legally qualified candidates for
> public office; equal opportunities.
>
> 76.206 (a)(1)(i)(ii) Candidates Rates. *Charges for use of cable
> television systems.*
>
> 76.206 (2) Candidates Rates. *Charges for use of cable television
> systems.*

1.  Political file (This section was renumbered as Section 76.1701
    pursuant to the Commission's reorganization and renumbering of
    Section 76 as part of the *1998 Biennial Review- Multichannel Video
    and Cable Television Service,* 65 FR 53610).

76.213 (c) Lotteries.

76.213 (e) Lotteries.

> 76.221 (a) Sponsorship identification. (This section was renumbered as
> Section 76.1715 pursuant to the Commission's reorganization and
> renumbering of Section 76 as part of the *1998 Biennial Review-
> Multichannel Video and Cable Television Service,* 65 FR 53610).

76.225 Commercial limits in children's programs

**SUBPART H -- GENERAL OPERATING REQUIREMENTS**

**Brief Description:** These rules provide guidelines for general
operation requirements including customer service obligations and cable
records which must be made available to the public for inspection are
provided for in this section.

**Need:** These rules prescribe general operating and recordkeeping
requirements for cable television systems.

**Legal basis:** 47 U.S.C. § 154, 521

**Section number and Title:**

> 76.305(a) Records to be maintained locally by cable system operators.
> *Recordkeeping requirements.* (This section was renumbered as
> 76.1700(a) pursuant to the Commission's reorganization and renumbering
> of Section 76 as part of the *1998 Biennial Review -- Multichannel
> Video and Cable Television Service,* 65 FR 53610).
>
> 76.305(c) Records to be maintained locally by cable system operators.
>
> (This section was renumbered as 76.1700(c) pursuant to the
> Commission's reorganization and renumbering of Section 76 as part of
> the *1998 Biennial Review -- Multichannel Video and Cable Television
> Service*)*.* (65 FR 53610)

**SUBPART J -- OWNERSHIP OF CABLE SYSTEMS**

**Brief Description:** The Commission rules restrict the ability of
television broadcast stations, national television networks, MMDS, and
SMATV systems to own or control interests in cable systems. These rules
also restrict the ownership interest of cable operators and their
ability to own or control video programming services. While there are no
prohibitions on foreign ownership of cable television systems, foreign
governments or their representatives may not own CARS stations.

**Need:** This section prescribes rules for the diversity of cable
television system ownership and restrictions on ownership interests by
video programming providers.

**Legal basis:** 47 U.S.C. § 154, 533

**Section Number and Title:**

76.501 Cross-ownership.

# 

# 

# SUBPART K -- TECHNICAL STANDARDS

**Brief description:** These rules provide technical performance
standards for the operation of cable television systems to ensure the
delivery of satisfactory television signals to cable subscribers. Local
franchising authorities are generally authorized to enforce these
technical standards through their franchising process.

**Need:** These rules prescribe technical standards applicable to cable
television service.

**Legal basis:** 47 U.S.C. §§ 154, 303, and 601

**Section Number and Title:**

76.601 (c)(1) Performance Tests.

76.601 (c)(2) Performance Tests.

76.601 (c)(4) Performance Tests.

76.601 Note Performance Tests.

> 76.605 (a) Technical Standards.
>
> 76.605 (b) Technical Standards.
>
> 76.605 (Note 1) Note 1.
>
> 76.605 (Note 2) Note 2.
>
> 76.605 (Note 3) Note 3.
>
> 76.605 (Note 4) Note 4.
>
> 76.605 (Note 5) Note 5.
>
> 76.605 (Note 6) Note 6.

76.606 Closed Captioning.

> 76.607 Complaint Resolution (This section was renumbered as Section
> 76.1713 pursuant to the Commission's reorganization and renumbering of
> Section 76 as part of the *1998 Biennial Review -- Multichannel Video
> and Cable Television Service,* 65 FR 53610).
>
> 76.609 (d)(2) Measurements.
>
> 76.609 (e) Measurements.
>
> 76.609 (g) Measurements.
>
> 76.609 (h)(2) Measurements.
>
> 76.609 (j) Measurements.

**PART 78 SUBPART A -- GENERAL**

**Brief Description:** The rules and regulations prescribe regulations,
definitions and other pertinent rules relating to cable television relay
service (CARS).

**Need:** These rules set forth guidelines for the licensing and
operation of fixed or mobile cable television relay service stations
(CARS) used for the transmission of television and related audio
signals, signals of standard and FM broadcast stations, signals of
instructional television fixed stations, and cablecasting from the point
of reception to a terminal point from which the signals are distributed
to the public by cable.

**Legal basis:** 47 U.S.C. § 154, 303

**Section Number and Title:**

78.3 Other pertinent rules.

78.5 (g) Definitions: *Unattended operation.*

**PART 78 SUBPART B -- APPLICATIONS AND LICENSES**

**Brief Description:** These rules set forth procedures for applying for
licenses to operate cable antenna relay service stations. Cable systems
uses these microwave relay stations to obtain certain signals when it is
impractical to use cable delivery. Cable operators may purchase
microwave relay service from companies providing such common carrier
services, or they may operate their own relay stations licensed by the
Commission.

**Need:** These rules prescribe application and licensing requirements
applicable to cable television relay service.

**Legal basis:** 47 U.S.C. §§ 154, 303.

## Section Number and Title: 

78.11 (a) Permissible service.

78.11 (c) Permissible service.

78.11 (d) Permissible service.

78.11 (e) Permissible service.

78.11 (f) Permissible service

78.11 (g) Permissible service.

78.13 (d) Eligibility for license.

78.15 (c) Contents of applications.

78.27 (a) License conditions.

78.33 (b) Special temporary authority.

78.105 (a)(1) Antenna systems.

78.105 (b) Antenna systems.

## Title 47\--Telecommunication 

# TITLE 47 OF THE CODE OF FEDERAL REGULATIONS

**\[TELECOMMUNICATION\]**

# PART 1 \-- PRACTICE AND PROCEDURE 

# SUBPART C \-- RULEMAKING PROCEEDINGS

**Brief Description**: This rule requires that, whenever an expression
of interest has been filed in a proceeding to amend the FM or TV Table
of Allotments, and the filing party seeks to dismiss or withdraw the
expression of interest, the party must file with the Commission a
request for approval of the dismissal or withdrawal.

**Need:** Without the requirement, the Commission could not monitor the
Tables.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307.

**Section Number and Title**:

> 1.420 (j) Additional procedures in proceedings for amendment of the FM
> or TV Tables of Allotments.

# PART 21 \-- DOMESTIC PUBLIC FIXED RADIO SERVICES 

# SUBPART K -- MULTIPOINT DISTRIBUTION SERVICE

**Brief Description:** These rules prescribe procedures for Multipoint
Distribution Service (MDS) licensees in the domestic public fixed radio
services.

**Need:** These rules are established to provide procedures for common
carrier MDS licensees. These rules supply requirements for cable
television and the competitive bidding process; instructions for
specific application forms, partitioned service areas, basic trading
areas, and all other procedures applicable to MDS.

**Legal Basis:** 47 U.S.C. §§ 151, 154, 201, 202, 203 204, 205, 208,
215, 218, 303, 307, 313, 314, 403, 404, 552, 554, 602.

**Section Number and Title:**

21.911 Annual reports.

21.914 Mutually-exclusive MDS applications.

# PART 73\--RADIO BROADCAST SERVICES 

# SUBPART A -- AM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of AM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for AM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.35 Calculation of improvement factors.

> 73.151 Field strength measurements to establish performance of
> directional antennas.

73.152 Modification of directional antenna data.

73.183 Groundwave signals.

# SUBPART B -- FM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of FM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for FM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.208 Reference points and distance computations.

73.215 Contour protection for short-spaced stations.

# SUBPART E -- TELEVISION BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of television broadcast equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
operating procedures for television broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 155, 303, 334, 336.

**Section Number and Title**:

73.670 Commercial limits in children's programs.

73.687 Transmission system requirements.

# SUBPART H -- RULES APPLICABLE TO ALL BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of all broadcast services.

**Need:** These rules prescribe operating procedures applicable to all
broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title**:

73.1212 Sponsorship identification; list retention; related
requirements.

73.1217 Broadcast hoaxes.

73.1942 Candidate rates.

73.1943 Political file.

73.1944 Reasonable access.

> 73.3556 Duplication of programming on commonly owned or time brokered
> stations.
>
> 73.3588 Dismissal of petitions to deny or withdrawal of informal
> objections.

73.3589 Threats to file petitions to deny or informal objections.

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

# SUBPART D -- REMOTE PICKUP BROADCAST STATIONS

Brief Description: This rule prescribes the frequency, type of equipment
and method that a remote pickup broadcast station shall use when
identifying itself on the air.

Need: Operators identify their remote pickup broadcast stations using
the means described in this rule. Without this rule, the Commission and
the public would be unable to identify the station.

Legal Basis: 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.482 Station identification.

# SUBPART E -- AURAL BROADCAST AUXILIARY STATIONS

**Brief Description**: This rule assists in prescribing operating
procedures exclusive to aural broadcast auxiliary stations.

**Need:** This rule describes the different classes of aural broadcast
auxiliary stations, which assists parties in determining which operating
procedures apply to a particular station.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

# SUBPART I -- INSTRUCTIONAL TELEVISION FIXED SERVICE

**Brief Description:** These rules prescribe operating procedure
exclusive to instructional television fixed service stations.

**Need:** These rules promote procedures for instructional television
fixed service (ITFS) broadcasting stations, frequencies on fixed
broadcast stations, fixed service applications, multi-channel
distribution and all other procedures applicable to television fixed
service.

**Legal Basis**: 47 U.S.C. §§ 154, 303, 307, 554.

**Section Number and Title:**

74.986 Involuntary ITFS station modifications.

> 74.990 Use of available instructional television fixed service
> frequencies by wireless cable entities.

74.991 Wireless cable application procedures.

74.992 Access to channels licensed to wireless cable entities.

SUBPART L -- FM BROADCAST TRANSLATOR STATIONS AND FM BROADCAST BOOSTER
STATIONS

**Brief Description:** These rules prescribe operating procedures
exclusive to FM broadcast translator and FM broadcast booster stations.

**Need:** These rules provide procedures pertaining to transmitting FM
signal channels for primary stations, FM radio broadcast stations, and
FM booster stations.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.1201 Definitions.

74.1205 Protection of channel 6 TV broadcast stations.

## Title 47\--Telecommunication 

# TITLE 47 OF THE CODE OF FEDERAL REGULATIONS

**\[TELECOMMUNICATION\]**

# PART 1 \-- PRACTICE AND PROCEDURE 

# SUBPART C \-- RULEMAKING PROCEEDINGS

**Brief Description**: This rule requires that, whenever an expression
of interest has been filed in a proceeding to amend the FM or TV Table
of Allotments, and the filing party seeks to dismiss or withdraw the
expression of interest, the party must file with the Commission a
request for approval of the dismissal or withdrawal.

**Need:** Without the requirement, the Commission could not monitor the
Tables.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307.

**Section Number and Title**:

> 1.420 (j) Additional procedures in proceedings for amendment of the FM
> or TV Tables of Allotments.

# PART 21 \-- DOMESTIC PUBLIC FIXED RADIO SERVICES 

# SUBPART K -- MULTIPOINT DISTRIBUTION SERVICE

**Brief Description:** These rules prescribe procedures for Multipoint
Distribution Service (MDS) licensees in the domestic public fixed radio
services.

**Need:** These rules are established to provide procedures for common
carrier MDS licensees. These rules supply requirements for cable
television and the competitive bidding process; instructions for
specific application forms, partitioned service areas, basic trading
areas, and all other procedures applicable to MDS.

**Legal Basis:** 47 U.S.C. §§ 151, 154, 201, 202, 203 204, 205, 208,
215, 218, 303, 307, 313, 314, 403, 404, 552, 554, 602.

**Section Number and Title:**

21.911 Annual reports.

21.914 Mutually-exclusive MDS applications.

# PART 73\--RADIO BROADCAST SERVICES 

# SUBPART A -- AM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of AM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for AM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.35 Calculation of improvement factors.

> 73.151 Field strength measurements to establish performance of
> directional antennas.

73.152 Modification of directional antenna data.

73.183 Groundwave signals.

# SUBPART B -- FM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of FM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for FM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.208 Reference points and distance computations.

73.215 Contour protection for short-spaced stations.

# SUBPART E -- TELEVISION BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of television broadcast equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
operating procedures for television broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 155, 303, 334, 336.

**Section Number and Title**:

73.670 Commercial limits in children's programs.

73.687 Transmission system requirements.

# SUBPART H -- RULES APPLICABLE TO ALL BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of all broadcast services.

**Need:** These rules prescribe operating procedures applicable to all
broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title**:

73.1212 Sponsorship identification; list retention; related
requirements.

73.1217 Broadcast hoaxes.

73.1942 Candidate rates.

73.1943 Political file.

73.1944 Reasonable access.

> 73.3556 Duplication of programming on commonly owned or time brokered
> stations.
>
> 73.3588 Dismissal of petitions to deny or withdrawal of informal
> objections.

73.3589 Threats to file petitions to deny or informal objections.

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

# SUBPART D -- REMOTE PICKUP BROADCAST STATIONS

Brief Description: This rule prescribes the frequency, type of equipment
and method that a remote pickup broadcast station shall use when
identifying itself on the air.

Need: Operators identify their remote pickup broadcast stations using
the means described in this rule. Without this rule, the Commission and
the public would be unable to identify the station.

Legal Basis: 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.482 Station identification.

# SUBPART E -- AURAL BROADCAST AUXILIARY STATIONS

**Brief Description**: This rule assists in prescribing operating
procedures exclusive to aural broadcast auxiliary stations.

**Need:** This rule describes the different classes of aural broadcast
auxiliary stations, which assists parties in determining which operating
procedures apply to a particular station.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

# SUBPART I -- INSTRUCTIONAL TELEVISION FIXED SERVICE

**Brief Description:** These rules prescribe operating procedure
exclusive to instructional television fixed service stations.

**Need:** These rules promote procedures for instructional television
fixed service (ITFS) broadcasting stations, frequencies on fixed
broadcast stations, fixed service applications, multi-channel
distribution and all other procedures applicable to television fixed
service.

**Legal Basis**: 47 U.S.C. §§ 154, 303, 307, 554.

**Section Number and Title:**

74.986 Involuntary ITFS station modifications.

> 74.990 Use of available instructional television fixed service
> frequencies by wireless cable entities.

74.991 Wireless cable application procedures.

74.992 Access to channels licensed to wireless cable entities.

SUBPART L -- FM BROADCAST TRANSLATOR STATIONS AND FM BROADCAST BOOSTER
STATIONS

**Brief Description:** These rules prescribe operating procedures
exclusive to FM broadcast translator and FM broadcast booster stations.

**Need:** These rules provide procedures pertaining to transmitting FM
signal channels for primary stations, FM radio broadcast stations, and
FM booster stations.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.1201 Definitions.

74.1205 Protection of channel 6 TV broadcast stations.

**Title 47\--Telecommunication**

# TITLE 47 OF THE CODE OF FEDERAL REGULATIONS

**\[TELECOMMUNICATION\]**

# PART 1 \-- PRACTICE AND PROCEDURE 

# SUBPART C \-- RULEMAKING PROCEEDINGS

**Brief Description**: This rule requires that, whenever an expression
of interest has been filed in a proceeding to amend the FM or TV Table
of Allotments, and the filing party seeks to dismiss or withdraw the
expression of interest, the party must file with the Commission a
request for approval of the dismissal or withdrawal.

**Need:** Without the requirement, the Commission could not monitor the
Tables.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307.

**Section Number and Title**:

> 1.420 (j) Additional procedures in proceedings for amendment of the FM
> or TV Tables of Allotments.

# PART 21 \-- DOMESTIC PUBLIC FIXED RADIO SERVICES 

# SUBPART K -- MULTIPOINT DISTRIBUTION SERVICE

**Brief Description:** These rules prescribe procedures for Multipoint
Distribution Service (MDS) licensees in the domestic public fixed radio
services.

**Need:** These rules are established to provide procedures for common
carrier MDS licensees. These rules supply requirements for cable
television and the competitive bidding process; instructions for
specific application forms, partitioned service areas, basic trading
areas, and all other procedures applicable to MDS.

**Legal Basis:** 47 U.S.C. §§ 151, 154, 201, 202, 203 204, 205, 208,
215, 218, 303, 307, 313, 314, 403, 404, 552, 554, 602.

**Section Number and Title:**

21.911 Annual reports.

21.914 Mutually-exclusive MDS applications.

# PART 73\--RADIO BROADCAST SERVICES 

# SUBPART A -- AM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of AM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for AM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.35 Calculation of improvement factors.

> 73.151 Field strength measurements to establish performance of
> directional antennas.

73.152 Modification of directional antenna data.

73.183 Groundwave signals.

# SUBPART B -- FM BROADCAST STATIONS

**Brief Description**: These rules provide for compliance and
authorization of FM radio equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
procedures for FM broadcast radio services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title:**

73.208 Reference points and distance computations.

73.215 Contour protection for short-spaced stations.

# SUBPART E -- TELEVISION BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of television broadcast equipment and licenses.

**Need:** These rules prescribe certain technical requirements and
operating procedures for television broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 155, 303, 334, 336.

**Section Number and Title**:

73.670 Commercial limits in children's programs.

73.687 Transmission system requirements.

# SUBPART H -- RULES APPLICABLE TO ALL BROADCAST STATIONS

**Brief Description:** These rules provide for compliance and
authorization of all broadcast services.

**Need:** These rules prescribe operating procedures applicable to all
broadcast services.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 334, 336.

**Section Number and Title**:

73.1212 Sponsorship identification; list retention; related
requirements.

73.1217 Broadcast hoaxes.

73.1942 Candidate rates.

73.1943 Political file.

73.1944 Reasonable access.

> 73.3556 Duplication of programming on commonly owned or time brokered
> stations.
>
> 73.3588 Dismissal of petitions to deny or withdrawal of informal
> objections.

73.3589 Threats to file petitions to deny or informal objections.

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

# SUBPART D -- REMOTE PICKUP BROADCAST STATIONS

Brief Description: This rule prescribes the frequency, type of equipment
and method that a remote pickup broadcast station shall use when
identifying itself on the air.

Need: Operators identify their remote pickup broadcast stations using
the means described in this rule. Without this rule, the Commission and
the public would be unable to identify the station.

Legal Basis: 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.482 Station identification.

# SUBPART E -- AURAL BROADCAST AUXILIARY STATIONS

**Brief Description**: This rule assists in prescribing operating
procedures exclusive to aural broadcast auxiliary stations.

**Need:** This rule describes the different classes of aural broadcast
auxiliary stations, which assists parties in determining which operating
procedures apply to a particular station.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.501 Classes of aural broadcast auxiliary stations.

# SUBPART I -- INSTRUCTIONAL TELEVISION FIXED SERVICE

**Brief Description:** These rules prescribe operating procedure
exclusive to instructional television fixed service stations.

**Need:** These rules promote procedures for instructional television
fixed service (ITFS) broadcasting stations, frequencies on fixed
broadcast stations, fixed service applications, multi-channel
distribution and all other procedures applicable to television fixed
service.

**Legal Basis**: 47 U.S.C. §§ 154, 303, 307, 554.

**Section Number and Title:**

74.986 Involuntary ITFS station modifications.

> 74.990 Use of available instructional television fixed service
> frequencies by wireless cable entities.

74.991 Wireless cable application procedures.

74.992 Access to channels licensed to wireless cable entities.

SUBPART L -- FM BROADCAST TRANSLATOR STATIONS AND FM BROADCAST BOOSTER
STATIONS

**Brief Description:** These rules prescribe operating procedures
exclusive to FM broadcast translator and FM broadcast booster stations.

**Need:** These rules provide procedures pertaining to transmitting FM
signal channels for primary stations, FM radio broadcast stations, and
FM booster stations.

**Legal Basis:** 47 U.S.C. §§ 154, 303, 307, 554.

Section Number and Title:

74.1201 Definitions.

74.1205 Protection of channel 6 TV broadcast stations.

COMMON CARRIER BUREAU'S LIST OF RULES FOR REVIEW PURSUANT TO THE
REGULATORY FLEXIBILITY ACT OF 1980, 5 U.S.C. § 610 for 2000, 2001, 2002.

All listed rules are in Title 47 of the Code of Federal Regulations.

# 

# TITLE 47 OF THE CODE OF FEDERAL REGULATIONS

**\[TELECOMMUNICATION\]**

**PART 1 -- PRACTICE AND PROCEDURE**

SUBPART I -- PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969

**Brief Description:** The rules contained in subpart 1 implement the
requirements of the National Environmental Policy Act (NEPA) as well as
a series of other federal environmental laws, such as the Endangered
Species Act of 1973, as amended, the National Historic Preservation Act
of 1966, the Wilderness Act of 1964, as amended, laws relating to Indian
Ceremonial Sites and the Wildlife Refuge Laws. In addition the
Commission's environmental rules implement Executive Orders regarding
flood plains and wetlands regulation. By statute and/or as set forth in
the regulations of the Council on Environmental Quality (CEQ), the
Commission is responsible for ensuring compliance with these laws. The
rules also identify certain special issues for consideration, including
the impact of high-intensity white lights on towers in residential
neighborhoods and the effect of radiofrequency emissions on the human
environment.

**Need:** The Commission's environmental rules identify those sensitive
environmental issues which Commission licensees must address. As the
primary Federal agency managing and licensing radio spectrum
broadcasters, wireless telephone carriers and other public and private
radio users, the Commission complies with NEPA by requiring its
licensees to assess and, if found, report the potential environmental
consequences of their proposed projects.

**Legal Basis:** 47 U.S.C. §§ 154(i), 154(j), and 303(r).

**Section Number and Title:**

1.1303 Scope.

1.1306 Actions which are categorically excluded from environmental

> processing.

1.1307 Actions that may have a significant environmental effect, for

> which Environmental Assessments (EAs) must be prepared.

1.1312 Facilities for which no preconstruction authorization is
required.

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

**Brief Description:** This rule contains procedures and standards for
allocating telephone company investment, expenses, taxes, and reserves
between the state and federal jurisdictions.

**Need:** This rule permits carriers that serve high-cost areas to
allocate additional local loop costs to the interstate jurisdiction and
recover those costs through the universal service mechanism.

**Legal Basis:** Sec. 4; 48 Stat. 1066, as amended, 47 U.S.C. § 154.
Sec. 205, 219, 220, 221(c), 48 Stat. 1077 as amended, 1078; 47 U.S.C. §§
154, 205, 219, 220, 221(c).

**SUBPART F -- UNIVERSAL SERVICE FUND**

**Section Number and Title**

36.601 General.

36.621 Study area total unseparated loop cost.

1.  National and study area average unseparated loop costs.

**PART 61 -- TARIFFS**

**SUBPART H -- APPLICATIONS FOR SPECIAL PERMISSION**

**Brief Description:** The Part 61 rules are designed to implement the
provisions of sections 201, 202, 203 and 204 of the Communications Act
and ensure that rates are just, reasonable, and not unjustly or
unreasonably discriminatory. The Part 61 rules govern the filing, form,
content, public notice periods, and accompanying support materials for
tariffs. Part 61 rules also establish the pricing rules and related
requirements that apply to incumbent local exchange carriers that are
subject to price cap regulation.

**Need:** At the time the Commission implemented the Treasury Department
Lockbox Collection Program for all fees, requiring that submissions with
fees be filed only with the lockbox bank in Pittsburgh, the tariff rules
were revised to specify that any special permission application must be
filed with the fee payment at the lockbox bank, while the attachments
must be filed at the Office of the Secretary.

**Legal Basis: 47** U.S.C. §§ 154, 201, 202, 203, 205, 403.

**Section Numbers and Titles:**

61.151 Scope.

61.152 Terms of applications and grants.

**PART 64 -- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS**

SUBPART I -- PROCEDURES IMPLEMENTING THE TELECOMMUNICATION RELAY
SERVICES AND RELATED CUSTOMER PREMISES EQUIPMENT FOR PERSONS WITH
DISABILITIES

**Brief Description:** Title IV of the Americans with Disabilities Act
(ADA), which is codified at section 225 of the Communications Act of
1934, as amended (the Act), mandates that the Commission ensure that
interstate and intrastate telecommunications relay services (TRS) are
available, to the extent possible and in the most efficient manner, to
individuals in the United States with hearing and speech disabilities.
Title IV aims to further the Act's goal of universal service by
providing to individuals with hearing or speech disabilities, telephone
services that are functionally equivalent to those available to
individuals without such disabilities. The ADA requires the Commission
to establish functional requirements, guidelines, and operational
procedures for TRS, and to establish minimum standards for carriers'
provisioning of TRS. To establish a TRS that provides services which are
functionally equivalent to telephone services available to voice users,
Congress directed, among other things, that the Commission prohibit TRS
providers from "failing to fulfill the obligations of common carriers by
refusing calls.

On July 26, 1991, the Commission released its First Report and Order on
TRS. This item stated that, "the Commission is amending its rules to
require that each common carrier providing telephone voice transmission
services shall, no later than July 26, 1993, provide throughout the area
in which it offers service, telecommunications relay services (TRS),
individually, through designees, through a competitively selected
vendor, or in concert with other carriers."[^1] This report and order
adopted the Commission's Part 64, subpart F, rules.

In addition, one part of payphone service within the purview of NSD
(Part 64, Subpart F) concerns TRS. In its First Report and order on TRS
(1991), the Commission interpreted the ADA to require TRS providers to
handle any type of call normally provided by common carriers, including
coin sent paid TRS calls. Due to technical concerns, the Commission has
not been able to enforce this requirement. Presently, a Report and Order
is being written which would eliminate this requirement

**Need:** This rule implements the provisions of the ADA of 1990.

**Legal Basis:** 47 U.S.C. §§ 51, 54(I), 54(j), 201-205, and 403.

**PART 64 -- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS**

**SUBPART B -- RESTRICTIONS ON INDECENT TELEPHONE MESSAGE SERVICES**

**Brief Description:** This rule implements the provisions of section
223(b) of the Act relating to defenses to prosecution for indecent
commercial communications.

**Need:** This rule is intended to implement the statutory restrictions
on commercial provision by telephone of indecent communications.

**Legal Basis:** Sec. 1, 4, 218-220, 223, 48 Stat. 1070, as amended; 47
U.S.C. §§ 151, 154, 218-220, 223.

**Section Number and Title:**

64.201 Restrictions on indecent telephone message services.

**SUBPART G -- FURNISHING OF ENHANCED SERVICES AND CUSTOMER-PREMISES
EQUIPMENT BY BELL OPERATING COMPANIES; TELEPHONE OPERATOR SERVICES**

**Brief Description:** This rule sets forth information that must be
made available by operator service providers to consumers.

**Need:** This rule protects consumers by ensuring that they have access
to useful information about the rates charged by operator service
providers, and that they are able to reach the operator service provider
of their choice.

**Legal Basis:** Sec. 1, 4, 218-220, 226, 48 Stat. 1070, as amended; 47
U.S.C. §§ 151, 154, 218-220, 226.

**Section Number and Title:**

64.703 Consumer information.

> 64.707 Public dissemination of information by providers of operating
> services.

64.708 Definitions.

**SUBPART L \-- RESTRICTIONS ON TELEPHONE SOLICITATION**

**Brief Description:** This rule imposes restrictions on telephone
solicitation.

**Need:** This rule adopts measures to implement requirements designed
to protect telephone subscribers from unsolicited telephone calls
without unnecessarily restricting legitimate telephone marketing and
sales.

**Legal Basis:** Sec. 1, 4, 218-220, 227, 48 Stat. 1070, as amended; 47
U.S.C. §§ 151, 154, 218-220, 227.

**Section Number ant Title:**

64.1200 Delivery restrictions.

# 

# PART 64 \-- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

# 

# SUBPART N \-- EXPANDED INTERCONNECTION

**Brief Description:** This rule requires that larger incumbent local
exchange carriers (LECs), which do not participate in the National
Exchange Carrier Association tariff, must provide expanded
interconnection. Subpart N requires these incumbent LECs to allow other
parties to interconnect with their networks through physical or virtual
collocation for the provision of interstate access and switched
transport services. Any interested party, including competitive LECs,
interexchange carriers, and end users may take expanded interconnection
from the LECs subject to this rule.

**Need:** This rule promotes increased competition in the provision of
interstate services by removing barriers to competitive provision of
special access and switched transport services. In particular, subpart N
makes collocation and interconnection available to parties not covered
by Part 51 of the Commission's rules such as large businesses and
universities.

**Legal Basis:** 47 U.S.C. §§ 151, 154, and 201-205

# Section Number and Title: 

1.  Expanded interconnection.

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1401. Rights and responsibilities of interconnectors.

**PART 68 -- CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK**

**SUBPART A -- GENERAL**

**Brief Description**: This rule defines the point of demarcation
between customer premises telephone wiring and the line owned and/or
controlled by the local exchange carrier.

**Need**: This rule is necessary to establish competition in the
provision and maintenance of inside wire.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

68.3 Definitions (*Demarcation Point*).

68.105 Minimum Point of Entry and Demarcation Point.

**Brief Description**: This rule requires that all telephones be
compatible with hearing aid devices.

**Need**: This rule implements the provisions of the Hearing Aid
Compatibility Act of 1988.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

68.4 Hearing-aid Compatible Telephones.

# SUBPART B---CONDITIONS ON USE OF TERMINAL EQUIPMENT

**Brief Description**: This rule authorizes telecommunications common
carriers to discontinue service when harm occurs originating from
customer-installed equipment.

**Need**: This rule allows telecommunications common carriers to avoid
harm to the public switched telephone network and to other customers'
service originating from customer-installed wiring or equipment.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

68.108 Incidence of harm.

**Brief Description**: This rule requires the public locations that are
required to have hearing-aid compatible telephones, and describes the
extent to which they are required to have such telephones. In addition,
it sets the times by which these telephones must be available.

**Need**: This rule specifies that public buildings and businesses must
make available hearing aid compatible telephones, and by what date.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

68.112 Hearing aid-compatibility.

# SUBPART C---TERMINAL EQUIPMENT APPROVAL PROCEDURES

**Brief Description**: This rule states the requirements pertaining to
customer installation of inside wire that will protect the public
switched telephone network.

**Need**: The rule directs customer premises wiring to be installed in
such a way that it will not harm the public switched telephone network.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

> 68.213 Installation of other than "fully protected" non-system simple
> customer premises wiring.

# SUBPART D---CONDITIONS FOR TERMINAL EQUIPMENT APPROVAL

**Brief Description**: This rule requires automatic dialing devices that
deliver a recorded message to release the called party's telephone line
promptly.

**Need**: Prior to this rule, automatic dialing devices delivering a
recorded message could and did prevent a called party from acquiring a
dial tone for an extended period of time. This rule avoids situations in
which a called party cannot access his telephone line to make emergency
and other calls.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

68.318(c) Line seizure by automatic telephone dialing systems.

**Brief Description**: This rule requires that all customer premises
equipment and software be capable of accessing operator service
providers using equal access codes.

**Need**: This rule facilitates competition among operator service
providers by requiring that all callers have access to 10XXX code
services.

**Legal Basis**: 47 U.S.C. §§ 151-154, 201-205, and 303(r).

**Section Number and Title**:

> 68.318(e) Requirement that registered equipment allow access to common
> carriers.

**PART 69 -- ACCESS CHARGES**

**SUBPART B -- COMPUTATION OF CHARGES**

**Brief Description: The** Part 69 rules are designed to implement the
provisions of sections 201 and 202 of the Communications Act and protect
consumers by preventing the exercise of market power by incumbent local
exchange carriers by ensuring that rates are just, reasonable, and not
unjustly or unreasonably discriminatory. The requirement for a certain
minimum set of access charge rate elements and the rate calculation
rules for rate-of-return carriers also greatly reduce the resources
required in the tariff review process.

**Need:** Section 69.101 was adopted to replace rate-of-return
regulation with a form of incentive regulation, one that directly limits
rates by means of price caps, for the largest local exchange carriers.
Section 69.119 was adopted to stimulate the introduction of innovative
new enhanced services. Section 69.120 established a new switched access
element for queries by interexchange carriers to local exchange carrier
line information databases. Section 69.127 was adopted to encourage
efficient use of transport facilities by allowing pricing that reflects
costs, creating a rate structure conducive to interexchange competition,
and avoiding interference with the development of interstate access
competition.

**Legal Basis: 47** U.S.C. §§ 154, 201, 202, 203, 205, 403.

**Section Numbers and Titles:**

69.101 General.

69.119 Basic service element expedited approval process.

> 69.120 Line information database.

69.127 Transitional equal charge rule.

# SUBPART D \-- APPORTIONMENT OF NET INVESTMENT

**Brief Description:** The Part 69 rules protect customers from the
exercise of market power by incumbent local exchange carriers. The
requirement for a minimum set of access charge rate elements and the
pricing rules for both rate-of-return and price-cap LECs greatly reduce
the Commission resources required to ensure carrier compliance with
sections 201 and 202 of the Communications Act. These requirements also
greatly facilitate analysis of access charges by other interested
parties.

**Need:** Section 69.301 was adopted to facilitate more cost-based
pricing and greater efficiency in the provision of transport service.

**Legal Basis:** 47 U.S.C. §§ 154, 201, 202, 203, 205, 218, 220, 403.

**Section Number and Title:**

69.301 General.

**SUBPART G -- EXCHANGE CARRIER ASSOCIATION**

**Brief Description:** The Part 69 rules also provide for the
establishment of the National Exchange Carrier Association (NECA), which
files tariffs on behalf of many of the smaller, rate-of-return local
exchange carriers. Annual access tariff filings, including the average
schedule formula changes filed by the National Exchange Carrier
Association, were adopted to assure that rates would be reasonable,
would reflect rules changes, and would become more closely aligned with
costs.

**Need:** Previously, the National Exchange Carrier Association was
required to file updates to its average schedule formula, or certify
that no change was required, by June 30 each year, which was six months
before the January 1 effective date of the annual access tariffs. In the
same rulemaking that changed the effective date for annual access
tariffs from January 1 to July 1, the average schedule formula filing
deadline was extended from June 30 to December 31 each year, six months
before the effective date for annual access tariffs.

**Legal Basis:** 47 U.S.C. 154, 201, 202, 203, 205, 218, and 403 and 5
U.S.C. 553.

**Section Numbers and Titles:**

#  {#section-12 .unnumbered}

#  69.606 computation of average schedule company payments.  {#computation-of-average-schedule-company-payments. .unnumbered}

[^1]: Telecommunications Services for Individuals with Hearing and
    Speech Disabilities, and the Americans with Disabilities Act of
    1990, *Report and Order and Request for Comments*, CC Docket No.
    90-571, 6 FCC Rcd 4657 (1991) (*1991 Report and Order* ). *See* 47
    C.F.R. § 64.604(a)(3).