DA 08-157

December 18, 2008

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules

Under The Regulatory Flexibility Act, 5 U.S.C. 610

CB Docket No. 08-21

COMMENT PERIOD CLOSES: 60 Days After Date of Publication in the Federal
Register.

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without change, or should be amended or rescinded, consistent with the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

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

3\. In reviewing each rule under this plan to minimize the possible
significant economic impact on a substantial number of small entities,
consistent with the requirements of section 610, the FCC will consider
the following factors:

\(a\) the continued need for the rule;

\(b\) the nature of complaints or comments received concerning the rule
from the public;

\(c\) the complexity of the rule;

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

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

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

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

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

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission\'s contractor, Natek, Inc., will receive
hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 20002.

The filing hours at this location are 8:00 a.m. to 7:00 p.m.

-   All hand deliveries must be held together with rubber bands or
    fasteners.

-   Any envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class mail, Express Mail, and Priority
    Mail should be addressed to 445 12th Street, SW, Washington, D.C.
    20554.

-   All filings must be addressed to the Commission\'s Secretary, Office
    of the Secretary, Federal Communications Commission.

Comments in this proceeding will be available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, SW, Room CY-A257, Washington, DC,
20554. They may also be purchased from the Commission\'s duplicating
contractor, Best Copy and Printing, Inc., 445 12th Street, SW, Room
CY-B402, Washington, DC, 20554, telephone 202-488-5300 or 800-378-3160,
facsimile 202-488-5563, or via e-mail at [fcc@bcniweb.com]{.underline}.
To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to
[fcc504@fcc.gov]{.underline} or call the Consumer & Governmental Affairs
Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

For additional information on the requirements of the RFA visit
www.fcc.gov/ocbo.

FEDERAL COMMUNICATIONS COMMISSION.

**APPENDIX**

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

**PART 1---PRACTICE AND PROCEDURE**

**SUBPART A**---**GENERAL RULES OF PRACTICE AND PROCEDURE**

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

**[Need]{.underline}:** The note to section 1.80(b)(4) incorporates the
Commission's policy statement regarding forfeitures and a suggested
schedule of base forfeiture amounts. This rule section provides a
measure of predictability and uniformity to the process of assessing
forfeitures, while still preserving the Commission's discretion to
depart from the guidelines where warranted by the facts of a particular
case. Section 1.80(b)(5) implements inflation adjustments, pursuant to
the Debt Collection Improvement Act of 1996 ("DCIA"), Public Law 104-134
(110 Stat. 1321-358), which amends the Federal Civil Monetary Penalty
Inflation Adjustment Act of 1990, Public Law 101-410 (104 Stat. 890; 28
U.S.C. 2461 note), to monetary forfeiture penalties that may be assessed
by the Commission. The DCIA requires that the statutory maximum
forfeiture penalties assessed by the Commission be adjusted for
inflation at least once every four years using the method specified in
the statute.

**[Legal Basis]{.underline}:** 47 U.S.C. 154 (i), 303(r); Debt
Collection Improvement Act of 1996, Pub. Law 104-134, 110 Stat.
1321-358.

**[Section Number and Title]{.underline}:**

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

1.80(b)(5) Forfeiture proceedings, Inflation adjustments to the maximum
forfeiture amount.

**Subpart E**---**Complaints, Applications, Tariffs, and Reports**

**Involving Common Carriers**

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

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

**[Legal Basis]{.underline}:** 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]{.underline}:**

1.773(a)(2)(i) Petition -- When filed.

1.773(b)(1)(i) Reply -- When filed.

**[Brief Description]{.underline}:** These rules specify how to file
petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 203.

**[Section Number and Title]{.underline}:**

1.773 Petitions for suspension or rejection of new tariff filings.

**SUBPART G---SCHEDULE OF STATUTORY CHARGES AND PROCEDURES FOR PAYMENT**

**[Brief Description]{.underline}:** These rules provide the schedule of
charges for applications for media services.

**[Need]{.underline}:** These rules identify the application fees
charged by the Commission for applications and other filings for media
services.

**[Legal Basis]{.underline}:** 47 U.S.C. 158(b).

**[Section Number and Title]{.underline}:**

1104. Schedule of charges for applications and other filings for media
      services.

**[Brief Description]{.underline}:** These rules provide the schedule of
annual regulatory fees and filings for various services.

**[Need]{.underline}:** These rules identify the annual regulatory fees
and filing locations for various services.

**[Legal Basis]{.underline}:** 47 U.S.C. 159.

**[Section Number and Title]{.underline}:**

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

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

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

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

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

1.1157 Payment of charges for regulatory fees.

1.1159 Filing locations and receipts for regulatory fees.

1.1162 General exemptions from regulatory fees.

**SUBPART I---PROCEDURES IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY
ACT OF 1069**

**[Brief Description]{.underline}:** These rules apply to all Commission
actions that may impact the quality of the human environment.

**[Need]{.underline}:** These rules implement subchapter I of the
National Environmental Policy Act of 1069.

**[Legal Basis]{.underline}:** 42 U.S.C. 4321-4335.

**[Section Number and Title]{.underline}:**

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

1.1319 Consideration of the environmental impact statements.

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

**SUBPART I---MARKETING OF RADIOFREQUENCY DEVICES**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 302a, 302c, 303, and 336.

**[Section Number and Title]{.underline}:**

2.807 Statutory exceptions.

2.811 Transmitters operated under part 73 of this chapter.

2.813 Transmitters operated in the Instructional Television Fixed
Service.

2.815 External radio frequency power amplifiers.

**SUBPART J---EQUIPMENT AUTHORIZATION PROCEDURES**

**[Brief Description]{.underline}:** These rules specify conditions
associated with grant of equipment authorization under the Commission's
rules.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 302a, 303, and 336.

**[Section Number and Title]{.underline}:**

2.917 Dismissal of application.

2.927 Limitations on grants.

2.937 Equipment defect and/or design change.

2.939 Revocation or withdrawal of equipment authorization.

2.941 Availability of information relating to grants.

2.945 Sampling tests of equipment compliance.

2.947 Measure procedure.

2.952 Limitation on verification.

2.953 Responsibility for compliance.

2.954 Identification.

2.955 Retention of records.

2.956 FCC inspection and submission of equipment for testing.

**PART 15 RADIO FREQUENCY DEVICES**

**SUBPART C---INTENTIONAL RADIATORS**

**[Brief Description]{.underline}:** The rule specifies radiated
emission limits for intentional radiators for which no other
requirements identified in this part.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 302a, 303, 304, 307, 336,
and 544a.

**[Section Number and Title]{.underline}:**

15.209 Radiated emission limits; general requirements.

**PART 22---PUBLIC MOBILE SERVICES**

**SUBPART B---LICENSING REQUIREMENTS AND PROCEDURES**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 222, 303, 309 and 332.

**[Section Number and Title]{.underline}:**

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

22.201 Paging geographic area authorizations are subject to competitive
bidding.

22.217 Bidding credit for small businesses.

22.221 Eligibility for partitioned licenses.

22.223 Designated entities.

22.225 Certifications, disclosures, records maintenance, and
definitions.

22.227 Petitions to deny and limitations on settlements.

**SUBPART C---OPERATIONAL AND TECHNICAL REQUIREMENTS**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 222, 303, 309, and 332.

**[Section Number and Title]{.underline}:**

22.313(a)(6) Station identification.

**SUBPART E---PAGING AND RADIOTELEPHONE SERVICE**

**[Brief Description]{.underline}:** The part 22 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for Public Mobile Services. Subpart E sets forth the
technical and operational parameters for paging, one-way or two-way,
point-to-point, point-to-multi-point, and 470-512 MHz trunked mobile
operations within the Public Mobile Services.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 222, 303, 309, and 332.

**[Section Number and Title]{.underline}:**

22.503 Paging geographic area authorizations.

22.531(f) Channels for paging operation.

**SUBPART F---RURAL RADIOTELEPHONE SERVICE**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 222, 303, 309, and 332.

**[Section Number and Title]{.underline}:**

22.721 Geographic area authorizations.

22.723 Secondary site-by-site authorizations.

**PART 23---INTERNATIONAL FIXED RADIOCOMMUNICATION SERVICES**

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

**[Need]{.underline}:** To prevent interference from International Fixed
Radiocommunication Services operations to Arecibo Observatory in Puerto
Rico.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 303. Interprets or applies
47 U.S.C. 301.

**[Section Number and Title]{.underline}:**

23.20(f) Assignment of frequencies.

**PART 24---PERSONAL COMMUNICATIONS SERVICES**

**SUBPART H---COMPETITIVE BIDDING PROCEDURES FOR BROADBAND PCS**

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

**[Need]{.underline}:** These rules establish eligibility rules for
broadband PCS licensees disaggregating or returning certain spectrum in
the C block.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 309 and
332.

**[Section Number and Title]{.underline}:**

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

**PART 25---SATELLITE COMMUNICATIONS**

**SUBPART B---APPLICATIONS AND LICENSES**

**[Brief Description]{.underline}:** Establishes that launch
authorization and station license (i.e., operating authority) must be
applied for and granted before a space station may be launched and
operated in orbit. Establishes procedure for consideration of
applications to launch and operate on-ground spare satellites.

**[Need]{.underline}:** Explains to applicants the authorizations
required to launch and operate space stations, and the process for
obtaining launch and operation authority for on-ground spare satellites.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.113(g) Station licenses and launch authority.

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

**[Need]{.underline}:** Provides earth and space station licensees with
flexibility to effectuate certain modifications without obtaining prior
approval.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

118. Modifications not requiring prior authorization.

**[Brief Description]{.underline}:** Establishes application procedures
for licensing of very small aperture terminal earth station networks.

**[Need]{.underline}:** Instructs licensees on the process for obtaining
authorizations for very small aperture terminal earth station networks.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

**[Brief Description]{.underline}:** Establishes application
requirements for earth stations operating with non-U.S. licensed space
stations.

**[Need]{.underline}:** Instructs licensees on the process for obtaining
authorization to operate earth stations with non-U.S. licensed space
stations.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

137. Application requirements for earth stations operating with non-U.S.
     licensed space stations.

**[Brief Description]{.underline}:** Establishes application, technical,
construction, operating, and reporting requirements for the satellite
digital audio radio service.

**[Need]{.underline}:** Instructs licensees on the process for obtaining
authorization and the operating requirements for the satellite digital
audio radio service.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

**[Brief Description]{.underline}:** Establishes application, technical,
construction, operating, and reporting requirements for satellites in
the Fixed-Satellite Service in the 20/30 GHz bands.

**[Need]{.underline}:** Instructs licensees on the process for obtaining
authorization and operating requirements for satellites in the
Fixed-Satellite Service in the 20/30 GHz bands.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

145. Licensing conditions for the Fixed-Satellite Service in the 20/30
     GHz bands.

**SUBPART C---TECHNICAL STANDARDS**

**[Brief Description]{.underline}:** Establishes spectrum frequencies
available for exclusive use by the satellite

digital audio radio service.

**[Need]{.underline}:** Instructs licensees on the availability of
spectrum frequencies for exclusive use by the satellite digital audio
radio service.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

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

**[Need]{.underline}:** To prevent interference from earth station
operations to Arecibo Observatory in Puerto Rico.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.203(i) Choice of sites and frequencies.

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

**[Need]{.underline}:** To prevent interference between networks
operating in the Fixed Satellite Service in the 20/30 GHz band.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.204(g) Power limits.

**[Brief Description]{.underline}:** Establishes requirement that all
space stations in the Fixed-Satellite Service in the 20/30 GHz band use
either orthogonal linear or orthogonal circular polarization.

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

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

**[Brief Description]{.underline}:** Establishes requirement that all
space stations in the Fixed-Satellite Service in the 20/30 GHz band use
state-of-the-art full frequency reuse either through the use of
orthogonal polarizations within the same beam and/or through the use of
spatially independent beams.

**[Need]{.underline}:** To facilitate efficient use of satellite
spectrum in the Fixed Satellite Service in the 20/30 GHz band.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

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

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

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.211(d) Analog video transmissions in the Fixed-Satellite Services.

**[Brief Description]{.underline}:** Establishes technical standards for
routine licensing of earth stations in the Fixed Satellite Service in
the 14.0--14.5 GHz band for transmission of narrowband analog services.

**[Need]{.underline}:** To instruct licensees of the technical standards
that must be met to obtain routine licensing of earth stations in the
Fixed Satellite Service in the 14.0--14.5 GHz band for transmission of
narrowband analog services.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

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

**[Need]{.underline}:** To instruct licensees of the technical standards
that must be met to obtain routine licensing of earth stations in the
Fixed Satellite Service in the 5925--6425 MHz band for transmission of
single channel per carrier services.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

**[Brief Description]{.underline}:** Establishes technical standards for
construction, launch and operation of space stations in the satellite
digital audio radio service.

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

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

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

**[Brief Description]{.underline}:** Establishes procedures for
time-sharing spectrum in the 137--138 MHz frequency band between
non-voice, non-geostationary mobile-satellite service system licensees
and National Oceanic and Atmospheric Administration satellite systems.

**[Need]{.underline}:** To prevent intersystem interference between
non-voice, non-geostationary mobile-satellite service system licensees
and National Oceanic and Atmospheric Administration satellite systems
time-sharing spectrum in the 137--138 MHz frequency band.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.259 Time sharing between NOAA meteorological satellite systems and
non- voice, non-geostationary satellite systems in the 137-138 MHz band.

**[Brief Description]{.underline}:** Establishes procedures for
time-sharing spectrum in the 400.15-401 MHz frequency band between
non-voice, non-geostationary mobile-satellite service system licensees
and Department of Defense satellite systems.

**[Need]{.underline}:** To prevent intersystem interference between
non-voice, non-geostationary mobile-satellite service system licensees
and Department of Defense satellite systems time-sharing spectrum in the
400.15-401 MHz frequency band.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.260 Time sharing between DoD meteorological satellite systems and
non-voice, non-geostationary satellite systems in the 400.15-401 MHz
band.

**SUBPART D---TECHNICAL OPERATIONS**

**[Brief Description]{.underline}:** Establishes process for operating
satellites in inclined orbit.

**[Need]{.underline}:** Informs licensees of process for operating
satellites in inclined orbit mode.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.280 Inclined orbit operations.

**SUBPART F---COMPETITIVE BIDDING PROCEDURES FOR DARS**

**[Brief Description]{.underline}:** Establishes that mutually exclusive
initial applications for the satellite digital audio radio service are
subject to competitive bidding.

**[Need]{.underline}:** Informs licensees of process for operating
satellite digital audio radio service licenses.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

401. Satellite DARS applications subject to competitive bidding.

**[Brief Description]{.underline}:** Establishes application process for
eligibility to bid on satellite digital audio radio service licenses.

**[Need]{.underline}:** Informs licensees of process for establishing
eligibility to bid on satellite digital audio radio service licenses.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.403 Bidding application and certification procedures.

**[Brief Description]{.underline}:** Establishes process for submitting
down payment and long form application for high bidders in satellite
digital audio radio service auctions.

**[Need]{.underline}:** Informs licensees of process for submitting down
payment and long form application for high bidders in satellite digital
audio radio service auctions.

**[Legal Basis]{.underline}:** Interprets or applies 47 U.S.C. 154, 301,
302, 303, 307, 309 and 332.

**[Section Number and Title]{.underline}:**

25.404 Submission of down payment and filing of long-form applications.

**PART 27---MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES**

**SUBPART A---GENERAL INFORMATION**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 307, 309,
332, 336, and 337.

**[Section Number and Title]{.underline}:**

27.1 Basis and purpose.

27.2 Permissible communications.

27.3 Other applicable rule parts.

27.4 Terms and definitions.

27.5 Frequencies.

27.6 Service areas.

**SUBPART B---APPLICATIONS AND LICENSES**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 307, 309,
332, 336, and 337.

**[Section Number and Title]{.underline}:**

27.11 Initial authorization.

27.12 Eligibility.

27.13 License period.

27.14 Construction requirements; Criteria for comparative renewal
proceedings.

27.15 Geographic partitioning and spectrum disaggregation.

**SUBPART C---TECHNICAL STANDARDS**

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

**[Need]{.underline}:** The identified rules are necessary to set forth
the technical standards for WCS.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 307, 309,
332, 336, and 337.

**[Section Number and Title]{.underline}:**

27.50 Power and antenna height limits.

27.51 Equipment authorization.

27.52 RF safety.

27.53 Emission limits.

27.54 Frequency stability.

27.55 Signal strength limits.

27.56 Antenna structures; air navigation safety.

27.57 International coordination.

27.58 Interference to BRS/EBS receivers.

27.63 Disturbance of AM broadcast station antenna patterns.

27.64 Protection from interference.

**SUBPART D---COMPETITIVE BIDDING PROCEDURES FOR THE 2305-2320 MHz AND
2345-2360 MHz BANDS**

**[Brief Description]{.underline}:** The part 27 rules state the
conditions under which spectrum is made available and licensed for the
provision of wireless communications services (WCS) in specified bands.
Subpart D sets forth the rules governing the use of competitive bidding
to resolve mutually exclusive applications for initial WCS licenses in
the 2305-2320 and 2345-2360 MHz bands.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 307, 309,
332, 336, and 337.

**[Section Number and Title]{.underline}:**

27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to
competitive bidding.

27.209 Designated entities; bidding credits; unjust enrichment.

27.210 Definitions.

**SUBPART E---APPLICATION, LICENSING, AND PROCESSING RULES FOR WCS**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 301, 302, 303, 307, 309,
332, 336, and 337.

**[Section Number and Title]{.underline}:**

27.302 Eligibility.

27.305 Reserved.

27.308 Technical content of applications.

27.321 Mutually exclusive applications.

27.323 Reserved.

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

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 211, 219, 220.

**[Section Number and Title]{.underline}:**

43.01 (c) Applicability.

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

**[Need]{.underline}:** The ARMIS reports were designed to provide
policymakers information regarding revenues, expenses, and investment
for incumbent providers.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 211, 219, 220.

**[Section Number and Title]{.underline}:**

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

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

**[Need]{.underline}:** To permit the monitoring of compliance with
Commission rules and competition on international telecommunications
routes in the public interest.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 211, 219, and 220.

**[Section Number and Title]{.underline}:**

43.61(b) Reports of international telecommunications traffic.

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

**[Need]{.underline}:** To permit the monitoring of compliance with
Commission rules and competition on international telecommunications
routes in the public interest.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 211, 219, and 220.

**[Section Number and Title]{.underline}:**

43.61(c) Reports of international telecommunications traffic.

**PART 52 - NUMBERING**

**SUBPART D---TOLL-FREE NUMBERS**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 152, 154, 155, 251(e).

**[Section Number and Title]{.underline}:**

103. Lag times.

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 152, 154, 155, 251(e).

**[Section Number and Title]{.underline}:**

105. Warehousing.

**[Brief Description]{.underline}:** This rule defines and prohibits the
practices of hoarding and brokering toll-free numbers, and requires
specific language to be included in the SMS tariff stating that hoarding
is contrary to the public interest.

**[Need]{.underline}:** The toll-free number rules enable the Commission
to ensure the efficient, fair, and

orderly allocation of toll-free numbers, as it is required to do under
section 251(e) of the Communications Act, as amended. Hoarding causes
toll-free numbers to remain inactive and unavailable for subscribers who
need working toll-free numbers, which can exacerbate toll-free number
shortage and exhaustion issues.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 152, 154, 155, 251(e).

**[Section Number and Title]{.underline}:**

52.107 Hoarding.

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 152, 154, 155, 251(e).

**[Section Number and Title]{.underline}:**

109. Permanent cap on number reservations.

**PART 54---UNIVERSAL SERVICE**

**SUBPART A---GENERAL INFORMATION**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 254.

**[Section Numbers and Titles]{.underline}:**

54.1 Basis and purpose.

54.5 Terms and definitions.

**SUBPART B---SERVICES DESIGNATED FOR SUPPORT**

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

**[Need]{.underline}:** These rules ensure that rural, insular and high
cost areas receive support for the specified designated
telecommunications services.

**[Legal Basis]{.underline}:** 47 U.S.C. 254.

**[Section Number and Title]{.underline}:**

101. Supported services for rural, insular and high cost areas.

**SUBPART C---CARRIERS ELIGIBLE FOR UNIVERSAL SERVICE SUPPORT**

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

**[Need]{.underline}:** These rules ensure that the designation process
for eligible telecommunications carriers meets the statutory
requirements for the Universal Service support mechanism.

**[Legal Basis]{.underline}:** 47 U.S.C. 214(e)(2), 214(e)(4),
214(e)(6), 254(e).

**[Section Numbers and Titles]{.underline}:**

54.201 Definition of eligible telecommunications carriers, generally.

54.203 Designation of eligible telecommunications carriers for unserved
areas. 54.205 Relinquishment of universal service.

54.207 Service areas.

**SUBPART D---UNIVERSAL SERVICE SUPPORT FOR HIGH COST AREAS**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 254(b).

**[Section Numbers and Titles]{.underline}:**

54.301 Local switching support.

54.303 Long term support.

54.305 Sale or transfer of exchanges.

54.307 Support to a competitive eligible telecommunications carrier.

**SUBPART E---UNIVERSAL SERVICE SUPPORT FOR LOW INCOME**

**CONSUMERS**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 254(b).

**[Section Numbers and Titles]{.underline}:**

54.400 Terms and definitions.

54.401 Lifeline defined.

54.403 Lifeline support amount.

54.405 Carrier obligation to offer Lifeline.

54.407 Reimbursement for offering Lifeline.

54.409 Consumer qualification for Lifeline.

54.411 Link Up program defined.

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

54.415 Consumer qualification for Link Up.

54.417 Recordkeeping requirements.

**SUBPART F---UNIVERSAL SERVICE SUPPORT FOR SCHOOLS AND LIBRARIES**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 254(h)(1)(B).

**[Section Numbers and Titles]{.underline}:**

54.500 Terms and definitions.

54.501 Eligibility for services provided by telecommunications carriers.

54.502 Supported telecommunications services.

54.503 Other supported special services.

54.504 Requests for services.

54.505 Discounts.

54.507 Cap.

54.509 Adjustments to the discount matrix.

54.511 Ordering services.

54.513 Resale and transfer of services.

54.515 Distributing support.

54.516 Auditing.

54.517 Services provided by non-telecommunications carriers.

**SUBPART G---UNIVERSAL SERVICE SUPPORT FOR HEALTH CARE**

**PROVIDERS**

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

**[Need]{.underline}:** In implementing statutory requirements for the
Rural Health Care support mechanism,

these rules ensure that discounts are available to eligible rural health
care providers for telecommunications services and monthly Internet
access service charges.

**[Legal Basis]{.underline}:** 47 U.S.C. 254(h)(2)(A).

**[Section Numbers and Titles]{.underline}:**

54.601 Eligibility.

54.603 Competitive bid requirements.

54.605 Determining the urban rate.

54.607 Determining the rural rate.

54.609 Calculating support.

54.611 Distributing support.

54.613 Limitations o0n supported services for rural health care
providers.

54.615 Obtaining services.

54.617 Resale.

54.619 Audits and recordkeeping.

54.621 Access to advanced telecommunications and information services.

54.623 Cap.

**SUBPART H \-- ADMINISTRATION**

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

**[Need]{.underline}:** In implementing statutory requirements for the
Universal Service support mechanism, these rules provide the framework
and requirements for the administration of the program.

**[Legal Basis]{.underline}:** 47 U.S.C. 254.

**[Section Numbers and Titles]{.underline}:**

54.701 Administrator of universal service support mechanisms.

54.703 The Administrator's Board of Directors.

54.705 Committees of the Administrator's Board of Directors.

54.707 Audit controls.

54.709 Computations of required contributions to universal service
support mechanisms.

54.711 Contributor reporting requirements.

713. Contributor's failure to report or to contribute.

**PART 59---INFRASTRUCTURE SHARING**

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

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

**[Legal Basis]{.underline}:** 47 U.S.C. 154(i), 154(j), 201-205, 259,
303(r), 403.

**[Section Number and Title]{.underline}:**

1.  General duty.

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

**[Need]{.underline}**: These rules promote universal service in areas
that may be without competitive service providers, without restricting
the development of competition.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 201-205, 259,
303(r), 403.

**[Section Number and Title]{.underline}**:

2.  Terms and Conditions of infrastructure sharing.

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

**[Need]{.underline}**: These rules promote universal service in areas
that may be without competitive service providers, without restricting
the development of competition.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 201-205, 259,
303(r), 403.

**[Section Number and Title]{.underline}**:

3.  Information concerning deployment of new services and equipment.

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 201-205, 259,
303(r), 403.

**[Section Number and Title]{.underline}**:

4.  Definition of "qualifying carrier."

**PART 61---TARIFFS**

**Subpart E---General Rules for Dominant Carriers**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 201-205,
403.

**[Section Number and Title]{.underline}**:

61.33(d) Letters of transmittal;

61.45(d)(1)(ix) Adjustments to the PCI for Local Exchange Carriers.

**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]{.underline}**: Establishes process for requesting
streamlined processing for applications for international common
carriers.

**[Need]{.underline}**: Informs licensees on the process for requesting
streamlined processing for applications for international common
carriers.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 160,
201--205, 214, 218, 403, and 571.

**[Section Number and Title]{.underline}**:

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

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

**[Need]{.underline}**: Protects against carrier anticompetitive conduct
on U.S.-international telecommunications

routes.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 160,
201--205, 214, 218, 403, and 571.

**[Section Number and Title]{.underline}**:

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

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

**[Need]{.underline}**: Protects against carrier anticompetitive conduct
on U.S.-international telecommunications routes.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 160,
201--205, 214, 218, 403, and 571.

**[Section Number and Title]{.underline}**:

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

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

**SUBPART I---ALLOCATION OF COSTS**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 201-205,
254(k), 259, 303(r), 403.

**[Section Number and Title]{.underline}**:

64.901(c) Carriers may not use services that are not competitive to
subsidize services subject to competition.

**SUBPART T---SEPARATE AFFILIATE REQUIREMENTS FOR INCUMBENT INDEPENDENT
LOCAL EXCHANGE CARRIERS THAT PROVIDE IN-REGION, INTERSTATE DOMESTIC
INTEREXCHANGE SERVICES OR IN-REGION, INTERNATIONAL INTEREXCHANGE
SERVICES**

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

**[Need]{.underline}**: This provision furthers the pro-competitive,
deregulatory objectives of the 1996 Act by promoting increased
competition in the interexchange market and the development of
competitive, deregulated markets envisioned by Congress.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 152, 154, 201, 202, 251,
271, 272, 303(r).

**[Section Number and Title]{.underline}**:

1903. Obligations of all incumbent independent local exchange carriers.

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

**SUBPART B---CONDITIONS ON THE USE OF TERMINAL EQUIPMENT**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 155, 303.

**[Section Number and Title]{.underline}**:

68.110 (c) Compatibility of the public switched telephone network and
terminal equipment.

**PART 69---ACCESS CHARGES**

**Subpart A---GENERAL**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 201-203, 205, 218, 220,
254, and 403.

**[Section Number and Title]{.underline}**:

69.4(h) Charges to be filed.

**Subpart B---CompUTATION OF CHARGES**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 201-203, 205, 218, 220,
254, and 403.

**[Section Number and Title]{.underline}**:

69.106(f) Local switching.

69.111(l) Tandem-switched transport and tandem charge.

69.123(f)(2), (3) Density pricing zones for special access and switched
transport.

**Subpart C---Computation of Charges for Price Cap Local Exchange
Carriers**

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

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

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 201-203, 205, 218, 220,
254, and 403.

**[Section Number and Title]{.underline}**:

69.154(a)(2), (b), (c) Per-minute carrier common line charge.

69.155 Per-minute residual interconnection charge.

**Subpart D---Apportionment of Net Investment**

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

**[Need]{.underline}**: Sections 69.305 and 69.307 establish, for cost
allocation purposes, category revenue requirements that include
overheads allocated generally based on relative costs. These rules help
ensure that rates are just, reasonable, and not unjustly or unreasonably
discriminatory.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 201-203, 205, 218, 220,
254, and 403.

**[Section Number and Title]{.underline}**:

69.305(e) Carrier cable and wire facilities (C&WF).

69.307(d) General support facilities.

**PART 73---RADIO BROADCAST SERVICES**

**SUBPART B---FM BROADCAST STATIONS**

**[Brief Description]{.underline}**: This rule and process change
eliminates the construction permit requirement for certain minor changes
to broadcast facilities, specifically codifying the policy which
requires that the measured FM directional pattern be at least 85% of the
authorized composite FM directional pattern for contour protection
stations authorized under 73.215 or 73.509.

**[Need]{.underline}**: This rule is intended to reduce the amount of
processing time, cost, and burden on both applicants and the Commission.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 334, 336.

**[Section Number and Title]{.underline}**:

73.316(c)(2)(ix) FM antenna systems.

**SUBPART E---TELEVISION BROADCAST STATIONS**

**[Brief Description]{.underline}**: These rules adopt policies,
procedures, and technical criteria for the use in conjunction with
broadcast digital television (DTV), a DTV Table of Allotments, a plan
for the recovery of a portion of the spectrum currently allocated to TV
broadcasting, and provides procedures for assigning DTV frequencies.

**[Need]{.underline}**: These rules are intended to allot DTV channels
in a manner that is most efficient for broadcasters and the public, and
least disruptive to broadcast television service during the period of
transition from NTSC to DTV service.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 157, 301, 302, 303,
307, 336.

**[Section Number and Title]{.underline}**:

73.622 Digital television table of allotments.

73.623 DTV applications and changes to DTV allotments.

73.624 Digital television broadcast stations.

73.625 DTV coverage of principal community and antenna system.

**[Brief Description]{.underline}**: This rule adds a transmission
standard for digital broadcast television signals.

**[Need]{.underline}**: This rule is necessary to ensure that the
benefits of digital technology are available to terrestrial television
broadcasting and to the American public. The rule is designed to provide
the certainty that many broadcasters, equipment manufacturers, and
consumers need to invest in new technology.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), (j), 303(r).

**[Section Number and Title]{.underline}**:

73.682(d) TV transmission standards.

**SUBPART H---RULES APPLICABLE TO ALL BOADCAST STATIONS**

**[Brief Description]{.underline}**: This rule and process change
eliminates the construction permit requirement for certain minor changes
to broadcast facilities, specifically codifying the current conditions
imposed on construction permits for AM, FM, and TV stations which are
authorized to construct on or near AM stations.

**[Need]{.underline}**: This rule is intended to reduce the amount of
processing time, cost, and burden on both applicants and the Commission.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 334, 336.

**[Section Number and Title]{.underline}**:

73.1692 Broadcast station construction near or installation on an AM
broadcast tower.

**PART 74---EXPERIMENTAL RADIO, AUXILARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES**

**SUBPART G---LOW POWER TV, TV TRANSLATOR, AND TV BOOSTER STATIONS**

**[Brief Description]{.underline}**: These rules adopt policies,
procedures, and technical criteria for the use in conjunction with
broadcast digital television (DTV), and provide procedures for assigning
DTV frequencies.

**[Need]{.underline}**: These rules are intended to allot DTV channels
in a manner that is most efficient for broadcasters and the public, and
least disruptive to broadcast television service during the period of
transition from NTSC to DTV service.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 336, 554.

**[Section Number and Title]{.underline}**:

74.705(e) TV broadcast analog station protection.

74.706 Digital TV (DTV) station protection.

74.707(e) Low power TV and TV translator.

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

**[Brief Description]{.underline}**: This rule and process change
eliminates the construction permit requirement for certain minor changes
to broadcast facilities, and requires a translator or booster station to
be located on an AM antenna tower or located within 3.2 km of an AM
antenna tower to comply with 73.1692.

**[Need]{.underline}**: The rule permits certain types of modifications
to ensure that interference with other facilities would not be created
by minor changes to broadcast facilities.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 307, 554.

**[Section Number and Title]{.underline}**:

74.1237(e) Antenna location.

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

**SUBPART M---CABLE INSIDE WIRING**

**[Brief Description]{.underline}**: These rules establish regulations
for the disposition of home run wiring and related issues including the
sharing of molding, the demarcation point for multiple dwelling unit
buildings ("MDUs"), loop-through cable wiring configurations, customer
access to cable home wiring before termination of service, and signal
leakage.

**[Need]{.underline}**: These rules are necessary because competition is
being deterred by disputes over control and use of the wires necessary
to reach each unit in an MDU. The intended effect of this action is to
expand opportunities for new entrants seeking to compete in distributing
video programming and to broaden consumers' ability to install and
maintain their own wiring.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 152, 153, 154, 301, 302,
202, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532,
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 552, 554, 556, 558,
560, 561, 571, 572, 573.

**[Section Number and Title]{.underline}**:

76.800 Definitions.

76.802(l) Disposition of cable home wiring.

76.804 Disposition of home run wiring.

76.805 Access to molding.

76.806 Pre-termination access to cable home wiring.

**SUBPART N---CABLE RATE REGULATION**

**[Brief Description]{.underline}**: This rule amends the Commission's
regulations to permit the establishment by a cable operator of uniform
rates for uniform services offered across multiple franchise areas on a
case-by-case basis upon the Commission\'s finding that the cable
operator\'s submission of a proposed uniform rate proposal and
supporting justification demonstrates that the proposed rate structure
is reasonable, so long as the rate is determined in accordance with the
Commission\'s procedures and requirements set forth in CS Docket No.
95-174.

**[Need]{.underline}**: The rule fulfills Congress\' preference that
rates be set pursuant to competition rather than regulation.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 303(r), 543.

**[Section Number and Title]{.underline}**:

76.922(n) Rates for the basic service tier and cable programming service
tiers.

**[Brief Description]{.underline}**: This rule amends the rules to
reflect that a system that is eligible to establish its rates in
accordance with the small system cost-of-service approach shall remain
eligible for so long as the system serves no more than 15,000
subscribers. When a system that has established rates in accordance with
the small system cost-of-service approach exceeds 15,000 subscribers,
the system may maintain its then existing rates. After exceeding the
15,000 subscriber limit, any further rate adjustments shall not reflect
increases in external costs, inflation or channel additions until the
system has re-established initial permitted rates in accordance with
some other method of rate regulation prescribed in this subpart.

**[Need]{.underline}**: The rule was amended in order to codify existing
Commission policy.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 303(r), 543.

**[Section Number and Title]{.underline}**:

76.934(h)(11) Small systems and small cable companies.

**[Brief Description]{.underline}**: These rules require cable operators
to prorate their maximum full-time rate when determining their maximum
permitted part-time rate, and to allow operators to adjust part-time
rates according to time-of-day pricing, requires cable operators to
produce leased access information within a certain time period to
prospective leased access programmers, permits cable operators to
negotiate rates below the maximum leased access rates, prohibits cable
operators from reselling leased access capacity to persons unaffiliated
with the operator, permits them to note in their leased access contracts
that any sublessees will be subject to the non-price terms and
conditions that apply to the initial lessee, and that, if the capacity
is resold, the rate for the capacity shall be the maximum permissible
rate.

**[Need]{.underline}**: These rules implement the leased commercial
access provisions of the 1992 Cable Act.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 532.

**[Section Number and Title]{.underline}**:

76.970(h), (i) Commercial leased access rates.

76.971(h) Commercial leased access terms and conditions.

**SUBPART S---OPEN VIDEO SYSTEMS**

**[Brief Description]{.underline}**: These rules amend the process by
which open video system certifications are handled by the Commission,
and impose additional requirements on the content of open video system
complaints.

**[Need]{.underline}**: These rules further Congress\' mandate in
adopting the 1996 Act and provide guidance to open video system
certification applicants, open video system operators, video programming
providers and consumers concerning open video systems.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 154(j), 303(r), 573.

**[Section Number and Title]{.underline}**:

76.1502(f) Certification.

76.1513(d)(8) and (9) Open video dispute resolution.

**PART 79---CLOSED CAPTIONING AND VIDEO DESCRIPTION OF VIDEO
PROGRAMMING**

**[Brief Description]{.underline}**: These rules generally assign
responsibility for compliance with the closed captioning video
programming requirements to the entity which delivers the programming to
the consumer, establish separate transition schedules for programming
first published or exhibited on or after the effective date of these
rules and for programming first published or exhibited prior to the
effective date of the rules, provide for a number of exemptions
authorized by Congress, and establish mechanisms for enforcement and
compliance review.

**[Need]{.underline}**: These rules implement statutory requirements
that generally require the closed captioning of video programming, and
are intended to increase the accessibility of video programming for
persons with hearing disabilities.

**[Legal Basis]{.underline}**: 47 U.S.C. 154(i), 303(r), 613.

**[Section Number and Title]{.underline}**:

1.  Closed captioning of video programming.

**PART 80---STATIONS IN THE MARITIME SERVICES**

**SUBPART C---OPERATING REQUIREMENTS AND PROCEDURES**

**[Brief Description]{.underline}**: The part 80 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for stations in the maritime services. Subpart C sets forth
the technical, operational, and administrative requirements for use of
the spectrum and equipment for stations in the maritime services.

**[Need]{.underline}**: These rules inform the public of the parameters
under which Marine VHF public coast stations, including automated
maritime telecommunications system (AMTS) coast stations, may provide
public correspondence service to stations on land, and establish the
procedure for Alaskan private coast stations use of facsimile
operations.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 307, 309, and 332.

**[Section Number and Title]{.underline}**:

80.123 Service to stations on land.

80.133 Private coast stations using facsimile in Alaska.

**SUBPART E---GENERAL TECHNICAL STANDARDS**

**[Brief Description]{.underline}**: The part 80 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for stations in the maritime services. Subpart E sets forth
the general technical standards for use of frequencies and equipment in
the maritime services, including standards for equipment authorization,
frequency tolerance, modulation, emission, power, and bandwidth.

**[Need]{.underline}**: The rules inform licensees that marine radio
transmitter type-acceptance applications must have a compliant digital
selective calling (DSC) capability (this does not apply to AMTS or
hand-held portable transmitters), and establish the conditions under
which brief signaling, for the purposes of measuring radio channel
quality and subsequently establishing communications in the 2 MHz -- 30
MHz band, may be used.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 307, 309, and 332.

**[Section Number and Title]{.underline}**:

80.203(n) Authorization of transmitters for licensing.

80.229 Special requirements for automatic link establishment (ALE).

**SUBPART H---FREQUENCIES**

**[Brief Description]{.underline}**: The part 80 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for stations in the maritime services. Subpart H describes
the carrier frequencies and general uses of radiotelegraphy for
distress, urgency, safety, call and reply; working; digital selective
calling; narrow-band direct-printing; and facsimile, for stations within
the maritime services.

**[Need]{.underline}**: This rule informs licensees of the frequencies,
and attendant conditions, that ship and coast stations may use for
facsimile transmission.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 307, 309, and 332.

**[Section Number and Title]{.underline}**:

80.363(c) Frequencies for facsimile.

**SUBPART J---PUBLIC COAST STATIONS**

**[Brief Description]{.underline}**: The part 80 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for stations in the maritime services. Subpart J sets forth
certain technical and operational requirements for Public Coast stations
within the maritime

services.

**[Need]{.underline}**: This rule informs licensees that public coast
stations are authorized to communicate with units on land in accordance
with 47 C.F.R. 80.123.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 307, 309, and 332.

**[Section Number and Title]{.underline}**:

80.453(a)(4) Scope of communications.

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

**[Brief Description]{.underline}**: The part 80 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for stations in the maritime services. Subpart K sets forth
the operational and technical requirements for Private Coast and Marine
Utility Stations within the maritime services.

**[Need]{.underline}**: This rule informs licensees that a private coast
station is authorized to use hand-held marine radios for conforming
communications in the vicinity of the station's fixed transmitter site
on the frequencies assigned to the private coast station.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, 307, 309, and 332.

**[Section Number and Title]{.underline}**:

80.507(d) Scope of service.

**PART 87---AVIATION SERVICES**

**SUBPART D---TECHNICAL REQUIREMENTS**

**[Brief Description]{.underline}**: The part 87 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for aviation services. Subpart D sets forth the technical
requirements for licensees operating in the aviation services, including
power and emissions, modulation and transmitter control requirements,
and equipment authorization.

**[Need]{.underline}**: The rule establishes the conditions under which
brief signaling for the purposes of measuring radio channel quality and
subsequently establishing communications in the 2 MHz -- 30 MHz band.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, and 307.

**[Section Number and Title]{.underline}**:

149. Special requirements for automatic link establishment (ALE).

**PART 90---PRIVATE LAND MOBILE RADIO SERVICES**

**SUBPART B---PUBLIC SAFETY RADIO POOL**

**[Brief Description]{.underline}**: The part 90 rules state 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 B indicates that the Public Safety
Radio Pool encompasses the radio communications licensing of
governmental entities and entities engaged in medical services, rescue
organizations, school buses, beach patrols, persons with disabilities,
veterinarians, and disaster relief organizations, establishments in
isolated places, communications standby facilities, and emergency repair
of public communications facilities.

**[Need]{.underline}**: These rules note the scope of the Public Safety
Radio Pool, the establishment of a Public Safety National Plan, and
various eligibility requirements for entities seeking to hold
authorizations in the Public Safety Radio Pool.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.15 Scope.

90.16 Public Safety National Plan.

90.20 Public Safety Pool.

90.22 Paging operations.

**SUBPART C---INDUSTRIAL/BUSINESS RADIO POOL**

**[Brief Description]{.underline}**: The part 90 rules state 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 states that the
Industrial/Business radio Pool covers licensing of those engaged in
clerical or commercial activities; educational, philanthropic, or
ecclesiastical institutions; and hospitals, clinics, and medical
associations.

**[Need]{.underline}**: These rules concern the establishment of, the
scope of, and eligibility for the Industrial/Business Radio Pool,
including availability of certain frequencies, and attendant
administrative, technical and operational obligations.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.31 Scope.

90.33 General eligibility.

90.35 Industrial/Business Pool.

**SUBPART G---APPLICATIONS AND AUTHORIZATIONS**

**[Brief Description]{.underline}**: The part 90 rules state 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 G governs the application
procedures and terms of authorizations in these services.

**[Need]{.underline}**: The identified rule is necessary to ensure that
certain part 90 licensees have disaster communications plans in place
prior to requesting on certain frequencies for disaster communications
purposes.

**[Legal Basis]{.underline}**: 47 U.S.C. §§ 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.129(m) Supplemental information to be routinely submitted with
applications.

**SUBPART H---POLICIES GOVERNING THE ASSIGNMENT OF FREQUENCIES**

**[Brief Description]{.underline}**: The part 90 rules state 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 sets forth the rules and
policies governing how the Commission assigns frequencies for use by
licensees operating in the Private Land Mobile Services, as well as
frequency coordination procedures, and procedures whereby licensees may
cooperatively share radio facilities.

**[Need]{.underline}**: The rules note that part 90 applications for new
frequencies, for major license modification, and for certain temporary
locations must be frequency-coordinated, and that all applicants for
trunked systems between 150 MHz and 512 MHz must indicate on their
applications that their systems will be trunked; a non-trunked system
may be trunked only after filing a major modification application.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.173(h) Policies governing the assignment of frequencies.

90.175(a), (c)-(d) Frequency coordinator requirements.

90.176(a)(3), (b) Coordinator notification requirements on frequencies
below 512

MHz or at 764-776/794-806 MHz.

90.187 Trunking in the bands between 150 and 512 MHz.

**SUBPART I---GENERAL TECHNICAL STANDARDS**

**[Brief Description]{.underline}**: The part 90 rules state 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 Private Land
Mobile Radio Services, including standards for acceptability of
equipment, frequency tolerance, modulation, emissions, power, and
bandwidths.

**[Need]{.underline}**: The rules inform licensees that each transmitter
operating under part 90 must be of a type that has been certificated for
use, and that certification for 220-222 MHz band transmitters have
unique requirements; they also advise state that applicants request only
such power output as they need for operations; and lists the attenuation
standards for Location Monitoring Service (LMS) sub-band edges for
non-multilateration systems.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.203(k) Certification required.

90.205(r) Power and antenna height limits.

90.210(k)(6) Emission masks.

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

**[Brief Description]{.underline}**: The part 90 rules state 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 J sets forth requirements and
standards for licensing and operation of non-voice and other specialized
radio uses.

**[Need]{.underline}**: The rules inform licensees of the conditions
that allow authorization, on a secondary basis for voice, tone or
impulse signaling on a licensee's mobile service frequencies above 25
MHz within the area normally covered by the licensee's mobile system;
the rules governing telemetry operations; the rules governing radio call
box operations; mobile relay stations; and control stations.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.235(d) Secondary fixed signaling operations.

90.238(d), (h) Telemetry operations.

90.241(a), (c), (d), (e) Radio call box operations.

90.243(b)(1) Mobile relay stations.

90.249(a)(3) Radio call box operations.

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

**[Brief Description]{.underline}**: The part 90 rules state 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 K set forth special requirements
applicable to the use of certain frequencies or frequency bands.

**[Need]{.underline}**: The rule governs the availability and use of
frequencies in the 421-430 MHz band.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.273(a) Availability and use of frequencies in the 421-430 MHz band.

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

**[Brief Description]{.underline}**: The part 90 rules state 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 L governs the authorization and
use of frequencies by land mobile stations in the 470-512 MHz band on a
geographically shared basis with television broadcast stations.

**[Need]{.underline}**: The rule notes that when frequencies are be
assigned under this part, channel loading should comply with 47 C.F.R.
90.313.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.311(a)(3) Frequencies.

**SUBPART M---INTELLIGENT TRANSPORTATION SYSTEMS RADIO SERVICE**

**[Brief Description]{.underline}**: The part 90 rules state 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 M contains the rules governing the
Intelligent Transportation Systems Radio Service, including the Location
Monitoring and the Dedicated Short Range Communications Services.

**[Need]{.underline}**: The rules will assist in integrating radio-based
technologies into the nation's intelligent transportation systems.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.353(i) LMS operations in the 902-928 MHz band.

**SUBPART N -- OPERATING REQUIREMENTS**

**[Brief Description]{.underline}**: The part 90 rules state 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 N prescribes general operating
requirements for stations licensed under this part.

**[Need]{.underline}**: The rules note that what uses are prohibited;
rules governing interstation communications; operation of mobile station
units not under the control of the licensee; and station identification
procedures.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.415(b) Prohibited uses.

90.417(b) Interstation communication.

90.419(a) Points of communication.

90.421(a) Operation of mobile station units not under the control of the
licensee.

90.425(a) Station identification.

**SUBPART P---PAGING OPERATIONS**

**[Brief Description]{.underline}**: The part 90 rules state 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 P sets forth the technical and
operational requirements for certain paging operations with the Private
Land Mobile Radio service, including one-way paging operations in the
private services; one-way paging operations in the 806-824/851-869 MHz
and 896-901/935-940 MHz bands; paging operations on exclusive channels
in the 929-930 MHz band; and paging operations on shared channels in the
929-930 MHz band.

**[Need]{.underline}**: The rule establishes administrative, technical,
and operational conditions under which a paging licensee can operate on
the 929-930 MHz band exclusive channels.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

493. Paging operations on exclusive channels in the 929-930 MHz band.

**SUBPART T---REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN
THE 220-222 MHz BAND**

**[Brief Description]{.underline}**: The part 90 rules state 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 T sets forth the administrative,
operational, and technical rules governing licensing and use of
frequencies in the 220-222 MHz Band, including eligibility, frequency
and channel availability, permissible operations, frequency selection
and assignment, and construction requirements.

**[Need]{.underline}**: The rules assist applicants and licensees in
understanding the requirements and various obligations in order to
operate in the 220-222 MHz band, including what types of operations are
allowed; the conditions under which a licensee can reasonably expect its
license to be renewed; where and under what conditions they may operate;
and various build-out requirements.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, and 332.

**[Section Number and Title]{.underline}**:

90.709(e) Special limitations on amendment of applications and on
assignment or transfer of authorizations licensed under this subpart.

90.733(d), (e)-(i) Permissible operations.

90.743 Renewal expectancy.

90.761 EA and Regional licenses.

90.763 EA, Regional and nationwide system operations.

90.765 Licenses term for Phase II licenses.

90.767 Construction and implementation of EA and Regional licenses.

90.769 Construction and implementation of Phase II nationwide licenses.

90.771 Field strength limits.

**SUBPART W---COMPETITIVE BIDDING PROCEDURES FOR THE 220 MHz SERVICE**

**[Brief Description]{.underline}**: The part 90 rules state 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 W sets forth the rules governing
the use of competitive bidding to resolve mutually exclusive 220 MHz
applications for initial licenses.

**[Need]{.underline}**: These rules are needed to implement the
Commission's competitive bidding authority under 47 U.S.C. 309(j). The
provisions in 47 C.F.R. 90.1017, 90.1021 and 90.1023 are necessary to
administer the Commission's designated entity program under which small
businesses meeting certain eligibility criteria may receive bidding
credits on their winning bids.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 161, 303, 309, and 332.

**[Section Number and Title]{.underline}**:

90.1001 220 MHz service subject to competitive bidding.

90.1017 Bidding credits for small businesses and very small businesses.

90.1019 Eligibility for partitioned licenses.

90.1021 Definitions concerning competitive bidding process.

90.1023 Records maintenance and definitions.

90.1025 Limitations on settlements.

**PART 95---PERSONAL RADIO SERVICES**

**SUBPART B---FAMILY RADIO SERVICE (FRS)**

**[Brief Description]{.underline}**: The part 95 rules govern the
Personal Radio Services, including the General Mobile Radio Service,
Family Radio Service, Radio Control Radio Service, Citizens Band Radio
Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical
Telemetry Service, Medical Implant Communications Service, and Multi-Use
Radio Service. Subpart B applies to the Family Radio Service, a very
short distance, unlicensed, two-way voice radio service in the Ultra
High Frequency (UHF) portion of the radio spectrum.

**[Need]{.underline}**: The rule alerts any party operating or intending
to operate an FRS station in certain areas of Puerto Rico to be aware of
potential interference that station operations may cause the Arecibo
Observatory.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

95.192(d) (FRS Rule 2) Authorized locations.

**SUBPART C---RADIO CONTROL (R/C) RADIO SERVICE**

**[Brief Description]{.underline}**: The part 95 rules govern the
Personal Radio Services, including the General Mobile Radio Service,
Family Radio Service, Radio Control Radio Service, Citizens Band Radio
Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical
Telemetry Service, Medical Implant Communications Service, and Multi-Use
Radio Service. Subpart C applies to the Radio Control (R/C) radio
service, a private, one-way, short distance non-voice communications
service for the operation of devices at remote locations.

**[Need]{.underline}**: The subpart provides a radio service to meet the
needs of licensees requiring private, one-way, short-distance non-voice
communications to operate devices at remote locations. The rule alerts
any party operating or intending to operate an R/C station in certain
areas of Puerto Rico to be aware of potential interference that station
operations may cause the Arecibo Observatory.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

95.206(c) (R/C Rule 6) Are there any special restrictions on the
location of my R/C station?

**SUBPART D---CITIZENS BAND (CB) RADIO SERVICE**

**[Brief Description]{.underline}**: The part 95 rules govern the
Personal Radio Services, including the General Mobile Radio Service,
Family Radio Service, Radio Control Radio Service, Citizens Band Radio
Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical
Telemetry Service, Medical Implant Communications Service, and Multi-Use
Radio Service. Subpart D applies to the Citizens Band (CB) Radio
Services, private two-way, short-distance voice communications services
for personal or business activities of the general public. The CB Radio
Services include the Family Radio Service; the Low Power Radio Service;
the Medical Implant communications Service; the Wireless Medical
Telemetry Service; the Multi-Use Radio Service; and the Dedicated
Short-Range Communications On-Board Units.

**[Need]{.underline}**: The rule alerts any party operating or intending
to operate a CB station in certain areas of Puerto Rico to be aware of
potential interference that station operations may cause the Arecibo
Observatory.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

95.405(d) (CB Rule 5) Where may I operate my CB station?

**SUBPART G---LOW POWER RADIO SERVICE (LPRS)**

**[Brief Description]{.underline}**: The part 95 rules govern the
Personal Radio Services, including the General Mobile Radio Service,
Family Radio Service, Radio Control Radio Service, Citizens Band Radio
Service, 218-219 MHz Service, Low Power Radio Service, Wireless Medical
Telemetry Service, Medical Implant Communications Service, and Multi-Use
Radio Service. Subpart G applies to the Low Power Radio Service, a low
power radio service sharing use of the 216-217 MHz band. Subpart G
applies to the Low Power Radio Service (LPRS), a private, short-distance
communication service providing auditory assistance to persons with
disabilities, persons who require language translation, and persons in
educational settings, health care assistance to the ill, law enforcement
tracking in cooperation with law enforcement, and point-to-point control
communications for automated Marine Telecommunications System coast
stations.

**[Need]{.underline}**: The rule alerts any party operating or intending
to operate a LPRS station in certain areas of Puerto Rico to be aware of
potential interference that station operations may cause the Arecibo
Observatory.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

95.1003(c) Authorized locations.

**PART 97---AMATEUR RADIO SERVICE**

**SUBPART A---GENERAL PROVISIONS**

**[Brief Description]{.underline}**: The part 97 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for amateur radio service. Subpart A contains
administrative, technical, and operational requirements for use of the
spectrum and equipment in the amateur radio service.

**[Need]{.underline}**: The rules provide guidance on the acquisition
of, and administrative parameters for, a special event call sign, and
advises amateur licensees on steps they must take to minimize human
exposure to elevated radio frequency electromagnetic field levels.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

97.3(a)(11)(iii) Definitions.

97.13(c) and (c)(1) Restrictions on station location.

**SUBPART B---STATION OPERATION STANDARDS**

**[Brief Description]{.underline}**: The part 97 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for amateur radio service. Subpart B sets forth the general
operational standards for licensees operating in the amateur radio
service, including station licensees responsibilities; control operator
duties; reciprocal operating authority; station control; authorized and
prohibited transmissions; station identification; and restricted
operations.

**[Need]{.underline}**: The rule is needed to alert licensees that, in
conjunction with a special event, they may substitute a special event
call sign for their regular assigned call sign.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

97.119(d) Station identification.

**SUBPART C---SPECIAL OPERATIONS**

**[Brief Description]{.underline}**: The part 97 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for amateur radio service. Subpart C applies to special
operations in the amateur service, including auxiliary, beacon, repeater
space, earth, and space telecommand stations.

**[Need]{.underline}**: The rule alerts certain licensees operating in
Puerto Rico that, prior to establishing a repeater station in proximity
to the Arecibo Observatory, they must notify the Observatory of such
action.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

97.205(h) Repeater station.

**SUBPART F---QUALIFYING EXAMINATION SYSTEMS**

**[Brief Description]{.underline}**: The part 97 rules set forth the
conditions under which portions of the radio spectrum are made available
and licensed for amateur radio service. Subpart F details the qualifying
standards an applicant must meet in order to become licensed in the
amateur radio service.

**[Need]{.underline}**: The rule details certain criteria for selecting
a volunteer examiner (VE).

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

513. VE session manager requirements.

**PART 101---FIXED MICROWAVE SERVICES**

**SUBPART B---APPLICATIONS AND LICENSES**

**[Brief Description]{.underline}**: The part 101 rules prescribe the
manner in which portions of the radio spectrum may be made available for
private operational, common carrier, 24 GHz Service and Local Multipoint
Distribution Service fixed, microwave operations that require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf. Subpart B sets forth the rules governing
the licensing and operations of those fixed microwave operations subject
to part 101.

**[Need]{.underline}**: The identified rules are necessary to define the
general filing requirements for licensees in the Local Multipoint
Distribution Service and for public safety licensees, and to provide
specific procedures for the licensing, operation, and modification of
facilities in the Local Multipoint Distribution Service.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154, 157, 301, 303, 307,
and 316.

**[Section Number and Title]{.underline}**:

101.21(g) Technical content of applications.

101.31(a)(3) Temporary and conditional authorizations.

101.61 Certain modifications not requiring prior authorization in the
Local Multipoint Distribution Service and 24 GHz Service.

101.77(a)(1) Public safety licensees in the 1850-1990 MHz, 2110-2150
MHz,

and 2160-2200 MHz bands.

**SUBPART C---TECHNICAL STANDARDS**

**[Brief Description]{.underline}**: The part 101 rules prescribe the
manner in which portions of the radio spectrum may be made available for
private operational, common carrier, 24 GHz Service and Local Multipoint
Distribution Service fixed, microwave operations that require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf. Subpart C sets forth the technical
requirements for such services.

**[Need]{.underline}**: The identified rules are necessary to assign
frequencies for LMDS systems on a BTA service area basis, clarify that
the assigned spectrum may be subdivided as desired by the licensee, and
provide specific frequency coordination procedures applicable to the
operation of such systems on the assigned frequencies.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

101.103(g)-(h) Frequency coordination procedures.

101.147(t) Frequency assignments.

**SUBPART L---LOCAL MULTIPOINT DISTRIBUTION SERVICE**

**[Brief Description]{.underline}**: The part 101 rules prescribe the
manner in which portions of the radio spectrum may be made available for
private operational, common carrier, 24 GHz Service and Local Multipoint
Distribution Service fixed, microwave operations that require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf. Subpart L sets forth specific rules
pertaining to the Local Multipoint Distribution Service.

**[Need]{.underline}**: The identified rules are necessary to define
requirements and procedures specific to the licensing and operation of
LMDS systems.

**[Legal Basis]{.underline}**: 47 U.S.C. 154 and 303.

**[Section Number and Title]{.underline}**:

101.1001 Eligibility.

101.1005 Frequencies available.

101.1007 Geographic service areas and number of licenses.

101.1009 System operations.

101.1011 Construction requirements and criteria for renewal expectancy.

101.1013 Permissible communications services.

101.1017 Requesting regulatory status.

**SUBPART M---COMPETITIVE BIDDING PROCEDURES FOR LMDS**

**[Brief Description]{.underline}**: The part 101 rules prescribe the
manner in which portions of the radio spectrum may be made available for
private operational, common carrier, 24 GHz Service and Local Multipoint
Distribution Service (LMDS) fixed, microwave operations that require
transmitting facilities on land or in specified offshore coastal areas
within the continental shelf. Subpart M sets forth the rules governing
the use of competitive bidding to resolve mutually exclusive LMDS
applications for initial licenses.

**[Need]{.underline}**: These rules are needed to implement the
Commission's competitive bidding authority under 47 U.S.C. 309(j). The
provisions in 47 C.F.R. 101.1107, 101.1109 and 101.1112 are necessary to
administer the Commission's designated entity program under which small
businesses meeting certain eligibility criteria may receive bidding
credits on their winning bids.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303, and 309.

**[Section Number and Title]{.underline}**:

101.1101 LMDS service subject to competitive bidding.

101.1107 Bidding credits for very small businesses, small businesses,
and entrepreneurs.

101.1109 Records maintenance.

101.1111 Partitioning and disaggregation.

101.1112 Definitions.