DA-05-1524

May 31, 2005

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules

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

COMMENT PERIOD CLOSES: SEPTEMBER 1, 2005

1\. Pursuant to the RFA, *see* 5 U.S.C. section 610, the FCC hereby
publishes a plan for the review of rules adopted by the agency in
calendar years 1993, 1994 and 1995 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continued without change, or should be amended or rescinded, consistent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. To file formally in this proceeding,
participants should file an original and four copies of all comments
with the Office of the Secretary, ATTN: OCBO. Comments will be available
for public inspection during regular business hours in the FCC's
Reference Information Center, Rm. CY-A257, 445 12^th^ Street, S.W.,
Washington, DC 20554. For additional information on the requirements of
the RFA visit [www.fcc.gov/ocbo](http://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 1993, 1994 and 1995. 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}:** These rules provide that
non-licensee tower owners may be subject to forfeiture for violations of
the painting and/or lighting requirements for radio towers as prescribed
by the Commission without a prior citation under certain conditions.
These rules also extend the statute of limitations for issuing
forfeitures to broadcast station licensees to encompass the entire
current license term and clarify the meaning of "current license term."

**[Need]{.underline}:** These rules restate the statutory language of 47
U.S.C. 503(b)(5)(6) and 47 U.S.C. 503(b)(6).

**[Legal Basis]{.underline}:** Secs. 4, 202, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303; 5 U.S.C. 552; 21 U.S.C. 853a.

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

1.80(c)(1), 1.80(d) Forfeiture Proceedings.

**SUBPART E \-- COMPLAINTS, APPLICATIONS, TARIFFS, AND REPORTS INVOLVING
COMMON CARRIERS**

**[Brief Description]{.underline}:** Part 1, subpart E implements
section 208 of the Communications Act of 1934, as amended. Section 208
permits any person to lodge a complaint with the Commission against a
common carrier alleging a violation of the Act. Section 208 places a
duty on the Commission to forward the complaint to the common carrier(s)
involved which, in turn, must either satisfy the complaint or answer it
in writing within a time period specified by the Commission. Subpart E
establishes the rules for the submission and treatment of two categories
of complaints: (1) formal complaints, governed by sections 1.720 --
1.736; and (2) informal complaints, governed by sections 1.716-1.719.
The informal complaint rules emphasize ease of filing by consumers and
voluntary cooperative efforts by consumers and affected companies to
resolve their differences informally. The Consumer & Governmental
Affairs Bureau's analysis of part 1, subpart E will be limited to
informal complaints.

**[Need]{.underline}:** The informal complaint rules are designed to
facilitate the efficient and expeditious processing of informal consumer
complaints in order to promote maximum compliance with the requirements
of the Act and the Commission's rules and implementing orders. To ensure
access

and ease of use by individual consumers, the informal complaint rules do
not contain the

procedural, evidentiary, and fee requirements prescribed for formal
complaints. A person not satisfied with the carrier's response to an
informal complaint or with the Commission's disposition of the informal
complaint may file a formal complaint on the same cause of action
subject to certain limitations.

The Commission added a new section to the informal complaint rules in
2000 in response to the enactment of section 258 of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996,
broadening the Commission's authority to combat "slamming," the
submission or execution of an unauthorized change in a subscriber's
selection of a provider of telecommunications service. The new section
of the informal complaint rules cross-referenced the Commission's
slamming liability rules at part 64, subpart K, and provided that a
subscriber unsatisfied with the resolution of an informal slamming
complaint had 45 days to file a formal complaint.

**[Legal Basis]{.underline}:** 47 U.S.C. 208, 258.

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

1.716 Form.

1.717 Procedure.

1.718 Unsatisfied informal complaints; formal complaints relating back
to the filing dates of informal complaints.

1.719 Informal complaints filed pursuant to section 258.

**[Brief Description]{.underline}:** These rules set forth many of the
procedures that must be followed in order to prosecute and/or defend a
formal complaint filed against a common carrier pursuant to section 208
of the Communications Act (47 U.S.C. 208) alleging a violation of the
Communications Act.

**[Need]{.underline}:** These rules result in the effective, efficient,
and timely resolution of formal complaints.

**[Legal Basis]{.underline}:** 47 U.S.C. 154(i), 154(u)(j), 208, 303(r).

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

1.720 General pleading requirements.

1.724 Answers.

1.726 Replies.

1.727 Motions.

1.729 Interrogatories to parties.

1.731 Confidentiality of information produced through discovery.

1.732 Other required written submissions.

1.733 Status conference.

1.734 Specification as to pleadings, briefs, and other documents;

subscription.

1.735 Copies; service; separate filings against multiple defendants.

**[Brief Description]{.underline}:** Directions on how to file
applications, including the place of filing, the amount of fees, who may
sign the application, and the number of copies required.

**[Need]{.underline}:** These rules provide general directions on where
to file applications, the amount of fees, the number of copies and who
may sign the application.

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

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

1.742 Place of filing, fees, and number of copies.

1.743 Who may sign applications.

**[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}:** Sections 1.773(a)(2)(ii), 1.773(a)(4), and
1.773(b)(1)(ii) were adopted to adjust the pleading cycle for petitions
seeking investigation, suspension, or rejection of tariff filings made
on 14 days' notice. They are intended to provide the Commission with
additional time to review pleadings filed in 14-day tariff proceedings
and to ensure notice to the filing carrier.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201-205, 303.

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

1.773(a)(2)(ii), 1.773(a)(4), and 1.773(b)(1)(ii) Petitions for
suspension or rejection of new tariff filings.

**[Brief Description]{.underline}:** Annual financial filing report by
telephone carriers and affiliates as required by part 43.

**[Need]{.underline}:** These rules provide a filing requirement to the
Commission per part 43 of the Commission's rules.

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

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

1.785 (a) Annual financial reports.

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

**[Brief Description]{.underline}:** Schedule of charges for
applications.

**[Need]{.underline}:** Section 1.1102 through 1.1107 rules are tables
that identify the application fees that are charged by the Commission
for renewing, modifying, or when applying for a new license. These fees
are adjusted periodically to incorporate cost-of-living increases, and
or other increases in fees. Section 1.1108 through 1.1119 rules describe
the type and form of payment, where it should be sent and how the
payment should be processed, as well as rules governing exemptions,
refunds, and penalties associated with the charges in sections 1.1102
through 1.1107.

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

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

1.1102 Schedule of charges for applications and other filings in the
wireless

telecommunications services.

1.1103 Schedule of charges for equipment approval, experimental radio

services, and international telecommunications settlement services.

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

1.1105 Schedule of charges for applications and other filings for the
wireline competition service.

1.1106 Schedule of charges for applications and other filings for the
enforcement service.

1.1107 Schedule of charges for applications and other filings for the

international service.

1.1108 Attachment of charges.

1.1109 Payment of charges.

1.1110 Form of payment.

1.1111 Filing locations.

1.1112 Conditionality of Commission or staff authorizations.

1.1113 Return or refund of charges.

1.1114 General exemptions to charges.

1.1115 Adjustments to charges.

1.1116 Penalty for late or insufficient payments.

1.1117 Petitions and applications for review.

1.1118 Error claims.

1.1119 Billing procedures.

**[Brief Description]{.underline}:** Schedule of annual regulatory fees
and filing locations.

**[Need]{.underline}:** These rules provide the authority for the
Commission to impose and collect regulatory fees, as well as identify
possible exemptions, adjustments, penalties, and waivers of these fees.

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

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

1.1151 Authority to prescribe and collect regulatory fees.

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.

1.1158 Form of payment for regulatory fees.

1.1159 Filing locations and receipts for regulatory fees.

1.1160 Refunds of regulatory fees.

1.1161 Conditional license grants and delegated authorizations.

1.1162 General exemptions from regulatory fees.

1.1163 Adjustments to regulatory fees.

1.1164 Penalties for late or insufficient regulatory fee payments.

1.1165 Payment by cashier's check for regulatory fees.

1.1166 Waivers, reductions and deferrals of regulatory fees.

1.1167 Error claims related to regulatory fees.

**SUBPART H \-- EX PARTE COMMUNICATIONS**

**[Brief Description]{.underline}:** General instructions on exempt ex
parte presentations and proceedings as they relate to new factual
information that becomes available in presentations made to the U.S.
Department of Justice and the Federal Trade Commission involving
telecommunications competition matters.

**[Need]{.underline}:** These rules provide guidance on what types of ex
parte presentations are exempt.

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

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

1.1204 Exempt ex parte presentations and proceedings.

**SUBPART Q \-- COMPETITIVE BIDDING PROCEEDINGS**

**[Brief Description]{.underline}:** These rules provide competitive
bidding procedures to choose from among two or more mutually exclusive
applications for an initial license.

**[Need]{.underline}:** The subpart Q rules establish a uniform set of
competitive bidding rules and procedures for use in licensing of all
services that are subject to licensing by auction. The rules in this
subpart: (1) describe which services are subject to competitive bidding;
(2) provide competitive bidding mechanisms and design options; (3)
establish application, disclosure and certification procedures for
short- and long-form applications; and (4) specify down payment,
withdrawal and default mechanisms. In addition, subpart Q contains rules
by which the Commission determines eligibility for "designated entity"
status (*i.e.*, small business, minority- and women-owned business, and
rural telephone companies), and includes a schedule of bidding credits
for which designated entities may qualify in those auctions in which
special provisions are made for designated entities. The purpose of the
designated entity provisions is to implement section 309(j)(3)(B) of the
Communications Act of 1934, as amended, which states that an objective
of designing and implementing the competitive bidding system is to
"promot\[e\] economic opportunity and competition and ensur\[e\] that
new and innovative technologies are readily accessible to the American
people by avoiding excessive concentration in licenses and disseminating
licenses among a wide variety of applicants, including small businesses,
rural telephone companies, and businesses owned by members of minority
groups and women."

**[Legal Basis]{.underline}:** 47 U.S.C. 309(j).

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

1.2101 Purpose.

1.2102 Eligibility of applications for competitive bidding.

1.2103 Competitive bidding design options.

1.2104 Competitive bidding mechanisms.

1.2105 Bidding application and certification procedures; prohibition of

collusion.

1.2106 Submission of upfront payments.

1.2107 Submission of down payment and filing of long-form

applications.

1.2108 Procedures for filing petitions to deny against long-form

applications.

1.2109 License grant, denial, default, and disqualifications.

1.2110 Designated entities.

1.2111 Assignment or transfer of control: unjust enrichment.

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

**SUBPART B \-- ALLOCATION, ASSIGNMENT, AND USE OF RADIO FREQUENCIES**

**[Brief Description]{.underline}:** Footnote US315 states that, in the
frequency bands 1530-1544 MHz and 1626.5-1645.5 MHz, maritime
mobile-satellite distress and safety communications, *e.g.*, the Global
Maritime Distress and Safety System (GMDSS), have priority access with
real-time preemptive capability in the mobile-satellite service; that
communications of mobile-satellite system stations not participating in
the GMDSS will operate on a secondary basis to distress and safety
communications of stations operating in the GMDSS; and that account must
be taken of the priority of safety-related communications in the
mobile-satellite service.

**[Need]{.underline}:** Footnote US315 provides maritime
mobile-satellite distress and safety communications with priority access
and real-time preemptive capability in the specified bands over routine,
non‑safety related public correspondence.

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

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

2.106, footnote US315 Table of Frequency Allocations.

**[Brief Description]{.underline}:** Footnote US237 states that the band
2310-2360 MHz is allocated to the broadcasting-satellite service (sound)
and complementary terrestrial broadcasting service on a primary basis;
and that use is limited to digital audio broadcasting and is subject to
the provisions of Resolution 528 of the International Telecommunication
Union's *Radio Regulations*.

**[Need]{.underline}:** Footnote US327 expands the
broadcasting-satellite service in the band 2310-2360 MHz to include the
complementary terrestrial broadcasting service and limits these uses to
digital audio broadcasting.

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

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

2.106, footnote US327 Table of Frequency Allocations.

**[Brief Description]{.underline}:** Footnote NG152 states that the band
219-220 MHz is also allocated to the amateur service on a secondary
basis for stations participating, as forwarding stations, in
point-to-point fixed digital message forwarding systems, including
intercity packet backbone networks.

**[Need]{.underline}:** Footnote NG152 helps alleviate congestion that
amateurs experience in certain areas of the country in the band 222-225
MHz and facilitates establishment of regional and nationwide networks
for amateur digital packet communications.

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

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

2.106, footnote NG152 Table of Frequency Allocations.

**PART 11 \-- EMERGENCY ALERT SYSTEM (EAS)**

**SUBPART A \-- GENERAL**

**[Brief Description]{.underline}:** These rules describe the required
technical standards and operational procedures of EAS for AM, FM, and TV
broadcast stations, cable systems, and other participating entities.

**[Need]{.underline}:** In employing consistent technical standards and
operational procedures for all participating entities, these rules will
result in orderly distribution of emergency messaging in the event an
emergency is activated.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154 (i) and (o), 303(r),
544(g) and 606.

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

11.1 Purpose.

11.11 The Emergency Alert System (EAS).

11.12 Two-tone Attention Signal encoder and decoder.

11.13 Emergency Action Notification (EAN) and Emergency Action

Termination (EAT).

11.14 Primary Entry Point (PEP) System.

11.15 EAS Operating Handbook.

11.16 National Control Point Procedures.

11.18 EAS Designations.

11.19 EAS Non-participating National Authorization Letter.

11.20 State Relay Network.

11.21 State and Local Area Plans and FCC Mapbook.

**SUBPART B \-- EQUIPMENT REQUIREMENTS**

**[Brief Description]{.underline}:** These rules describe EAS protocol
for emergency event codes and EAS equipment requirements.

**[Need]{.underline}:** Establishing quality and compatibility standards
for EAS equipment will ensure technological interoperability and result
in delivery of responsive, robust, and redundant emergency messaging.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154 (i) and (o), 303(r),
544(g) and 606.

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

11.31 EAS Protocol.

11.32 EAS Encoder.

11.33 EAS Decoder.

11.34 Acceptability of the Equipment.

11.35 Equipment operational readiness.

**SUBPART C \-- ORGANIZATION**

**[Brief Description]{.underline}:** These rules describe participation
standards and acceptable uses of EAS for all participating entities. The
rules also set message priorities from the Presidential level down to
the state and local levels.

**[Need]{.underline}:** By setting participation standards and
acceptable uses, these rules ensure the integrity of EAS for the
Presidential message priority in the event of a national emergency.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154 (i) and (o), 303(r),
544(g) and 606.

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

11.41 Participation in EAS.

11.42 Participation by communications common carriers.

11.43 National level participation.

11.44 EAS message priorities.

11.45 Prohibition of false or deceptive EAS transmissions.

11.46 EAS public service announcements.

11.47 Optional use of other communications methods and systems.

**SUBPART D -- EMERGENCY OPERATIONS**

**[Brief Description]{.underline}:** These rules describe procedures for
monitoring key EAS sources. Once EAS has been activated, these rules set
operation and transmission guidelines for national, state, and local
level messaging.

**[Need]{.underline}:** These rules describe how a national, state, or
local emergency is activated, and upon activation, provide guidelines
for all participating entities to follow during national, state, and
local-level emergencies.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154 (i) and (o), 303(r),
544(g) and 606.

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

11.51 EAS code and Attention Signal Transmission requirements.

11.52 EAS code and Attention Signal Monitoring requirements.

11.53 Dissemination of Emergency Action Notification

11.54 EAS operation during a National Level emergency.

11.55 EAS operation during a State or Local Area emergency.

**SUBPART E \-- TESTS**

**[Brief Description]{.underline}:** These rules describe EAS testing
protocols for all participating entities.

**[Need]{.underline}:** Regular testing of EAS equipment will ensure
operational readiness in the event of an emergency.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154 (i) and (o), 303(r),
544(g) and 606.

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

11.61 Tests of EAS procedures.

**PART 13 \-- COMMERCIAL RADIO OPERATORS**

**[Brief Description]{.underline}:** The part 13 rules prescribe the
manner and conditions under which commercial radio operators are
licensed by the Commission.

**[Need]{.underline}:** These rules identify the different classes of
commercial radio operator licenses and permits, set forth eligibility
requirements, and establish a regulatory framework for the privatized
commercial radio operator license examination process. They are
necessary to ensure that certain tasks pertaining to the operation and
maintenance of radio equipment used in the maritime, aviation, and
international fixed public radio communication services are performed
only by qualified persons, and to ensure the integrity of the
examination process by which such qualifications are established.

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

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

13.1 Basis and purpose.

13.3 Definitions.

13.5 Licensed commercial radio operator required.

13.7 Classification of operator licenses and endorsements.

13.8 Authority conveyed.

13.9 Eligibility and application for new license or endorsement.

13.10 Licensee address.

13.11 Holding more than one commercial radio operator license.

13.13 Application for a renewed or modified license.

13.15 License term.

13.17 Replacement license.

13.19 Operator's responsibility.

13.201 Qualifying for a commercial operator license or endorsement.

13.203 Examination elements.

13.207 Preparing an examination.

13.209 Examination procedures.

13.211 Commercial radio operator license examination.

13.213 COLEM qualifications.

13.215 Question pools.

13.217 Records.

**PART 15 \-- RADIO FREQUENCY DEVICES**

**SUBPART B \-- UNINTENTIONAL RADIATORS**

**[Brief Description]{.underline}:** This rule specifies the isolation
standards for TV interface device antenna transfer switches.

**[Need]{.underline}:** This rule prevents excessive leakage through the
TV broadcast antenna of signals generated by TV interface devices,
reducing the potential that harmful interference would be caused to
television broadcast reception and other radio services.

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

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

15.115(c)(1)(i) TV interface devices, including cable system terminal

devices.

**[Brief Description]{.underline}:** This rule specifies the isolation
standards for switches that are used to alternate between cable service
and a TV broadcast antenna.

**[Need]{.underline}:** This rule prevents excessive leakage through the
TV broadcast antenna of signals generated by a cable system terminal
devices, reducing the potential that harmful interference would be
caused to television broadcast reception and other radio services.

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

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

15.115(h) TV interface devices, including cable system terminal devices.

**[Brief Description]{.underline}:** This rule specifies the standards
for closed caption reception that is required for all analog TV
broadcast receivers with picture screens 13 inches or larger.

**[Need]{.underline}:** Absent this regulation, analog TV broadcast
receivers would not be required to display closed caption transmissions.

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

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

15.119 Closed caption decoder requirements for analog television
receivers.

**SUBPART C \-- INTENTIONAL RADIATORS**

**[Brief Description]{.underline}:** These rules specify the emission
standards and frequencies of operation for cordless telephones that
operate in the 46-50 MHz band.

**[Need]{.underline}:** These rules permit cordless telephones to
operate without individual licensing in the 46-50 MHz band.

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

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

15.233 Operation within the bands 43.71-44.49 MHz, 46.60-46.98 MHz,

48.75-49.51 MHz and 49.66-50.0 MHz.

**PART 18 \-- INDUSTRIAL, SCIENTIFIC AND MEDICAL EQUIPMENT**

**[Brief Description]{.underline}:** This rule specifies the definition
for non-consumer Magnetic Resonance Equipment (MRE), which is a category
of Industrial, Scientific and Medical (ISM) equipment in which radio
frequency (RF) energy is used to create images and data representing
spatially resolved density of transient atomic resources within an
object. MRE devices are still used extensively in health care facilities
today.

**[Need]{.underline}:** In adopting the statutory definition for MRE
devices, the rule clarifies the type of ISM devices that would be
subject to specific requirements of part 18 of the Commission's rules,
as enumerated in Section 18.121, *infra*. Part 18 sets forth
requirements designed to minimize the potential for interference to
radio and TV services from ISM equipment. ISM equipment generates RF
energy in order to perform a non-communications related function. Common
examples of consumer ISM devices are microwave ovens and RF lighting
devices. Common examples of non-consumer ISM devices include industrial
heaters and ultrasonic equipment. Before ISM equipment can be marketed
in the United States, it must comply with the technical standards and
equipment authorization procedure specified in part 18 of the
Commission's rules.

**[Legal Basis]{.underline}:** 47 U.S.C. 4, 301, 302, 303, 304 and 307.

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

18.107(j) Definitions, Magnetic Resonance Equipment.

**[Brief Description]{.underline}:** This rule relates to the exemptions
from the part 18 requirements for non-consumer ultrasonic equipment or
non-consumer magnetic resonance equipment (MRE) used for medical
diagnostic and monitoring applications. MRE is a category of Industrial,
Scientific and Medical (ISM) equipment in which RF energy is used to
create images and data representing spatially resolved density of
transient atomic resources within an object. MRE devices are still used
extensively in health care facilities today.

**[Need]{.underline}:** This rule already existed for non-consumer
ultrasonic equipment, which are only subject to certain sections of part
18 of the Commission's rules. The adopted change to the rule (as
published in 59 FR 39472) applied the same exemptions for non-consumer
ultrasonic equipment to the then-new category of non-consumer MRE
devices (as defined in section 18.107(j), *supra.*) This rule in effect
exempts non-consumer MRE devices from the part 18 technical standards
and authorization requirements in order to remove regulations that
unnecessarily increase the amount of time and cost required to bring
these new non-consumer MRE devices to market. However, the rule retains
certain critical part 18 standards applicable to MRE devices, such as
general importation requirements and frequencies available for ISM use.

**[Legal Basis]{.underline}:** 47 U.S.C. 4, 301, 302, 303, 304 and 307.

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

18.12 Exemptions.

**Note**: In 1995, Section 18.121 was *editorially* revised to correct
the omission of the word "ONLY" in the above adopted rule. As published
in the CFR, the final regulations contained errors that might have
proven to be misleading and were in need of correction (*see* 60 FR
47302)(September 12, 1995.) This rule revision is not substantive.

**PART 25 \-- SATELLITE COMMUNICATIONS**

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

**[Brief Description]{.underline}:** This subpart includes procedures
for the filing of earth station applications. The information
requirements in these rules allow for frequency coordination analysis to
reduce interference and the verification of earth station antenna
performance standards. Provisions in subpart B also provide for the
timely construction and operation of earth stations.

**[Need]{.underline}:** To establish proper procedures for submitting
the correct information for filing earth station applications.

**[Legal Basis]{.underline}:** 47 U.S.C. 154. Interprets or applies 47
U.S.C. 701-744.

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

25.130 Filing requirements for transmitting earth stations.

25.132 Verification of earth station antenna performance standards.

25.133 Period of construction; certification of commencement of
operation.

25.135 Licensing provisions for earth station networks in the non-voice,

non-geostationary mobile-satellite service.

**[Brief Description]{.underline}:** This subpart includes rules to
facilitate coordination to avoid harmful interference to other satellite
systems. These rules also outline conditions for qualification as an
applicant, which enhances the likelihood that the proposed systems will
be constructed, launched, and operated if licensed.

**[Need]{.underline}:** To establish proper procedures for submitting
the correct information for filing space station applications.

**[Legal Basis]{.underline}:** 47 U.S.C. 154. Interprets or applies 47
U.S.C. 701-744.

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

25.142 Licensing provisions for the non-voice, non-geostationary mobile-

satellite service.

25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service

and 2 GHz mobile-satellite service.

**[Brief Description]{.underline}:** This subpart includes well-defined
procedures for processing applications including the requirement for
public notice.

**[Need]{.underline}:** To establish proper procedures for submitting
the correct information for filing space station applications and to
allow for public notice of such applications.

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

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

25.151 Public notice period.

**SUBPART C \-- TECHNICAL STANDARDS**

**[Brief Description]{.underline}:** This subpart provides clear and
predictable technical standards to minimize interference.

**[Need]{.underline}:** To provide space station and earth station
operators a universal set of standards and operating procedures.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 701-744. Interprets or
applies 47 U.S.C. 303.

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

25.201 Definitions.

25.202 Frequencies, frequency tolerance and emission limitations.

25.203 Choice of sites and frequencies.

25.204 Power limits.

25.208 Power flux density limits.

25.209 Antenna performance standards.

25.210 Technical requirements for space stations in the Fixed-Satellite

Service.

25.211 Video transmissions in the Fixed-Satellite Service.

25.212 Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite

Service.

25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz
Mobile-

Satellite Service.

**SUBPART D \-- TECHNICAL OPERATIONS**

**[Brief Description]{.underline}:** This subpart provide clear and
predictable operating rules to minimize interference.

**[Need]{.underline}:** To provide space station and earth station
operators a universal set of standards and operating procedures.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 701-744.

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

25.271 Control of transmitting stations.

25.272 General inter-system coordination procedures.

25.273 Duties regarding space communications transmissions.

25.274 Procedures to be followed in the event of harmful interference.

25.275 Particulars of operation.

25.276 Points of communication.

25.277 Temporary fixed earth station operations.

25.278 Additional Coordination Obligation for Non-Geostationary and

Geostationary Satellite Systems In Frequencies Allocated to the

Fixed-Satellite Service.

25.279 Inter-satellite service.

**SUBPART I \-- EQUAL EMPLOYMENT OPPORTUNITIES**

**[Brief Description]{.underline}:** Section 25.601 requires entities
that use a fixed satellite service or direct broadcast satellite service
facility to provide video programming to the public on a subscription
basis to comply with the equal opportunity requirements set forth in
part 76 of the Commission's rules.

**[Need]{.underline}:** To implement the equal opportunity provisions of
the Cable Television Consumer Protection and Competition Act of 1992.

**[Legal Basis]{.underline}:** 47 U.S.C. 154. Interprets or applies 47
U.S.C. 701-744, 554.

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

25.601 Equal employment opportunity requirements.

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

**SUBPART M \-- BROADBAND RADIO SERVICE AND EDUCATIONAL BROADBAND
SERVICE**

**[Brief Description]{.underline}:** These rules state the conditions
under which spectrum is made available and licensed for the provision of
the Broadband Radio Service and the Educational Broadband Service
(previously the Multipoint Distribution Service and Instructional
Television Fixed Service, respectively) in the 2495-2690 MHz band. These
four rules were originally published in part 21.

**[Need]{.underline}:** These rules provide a regulatory framework for
the Broadband Radio Service and Educational Broadband Service,
particularly with respect to licensing and auctions.

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

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

27.1201(a)(3) EBS eligibility.

27.1208 Service areas.

27.1212 License term.

27.1213 Designated entity provisions for BRS in Commission auctions
commencing prior to January 1, 2004.

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

**[Brief Description]{.underline}:** The rule sets forth the
requirements and procedures for carriers to file information on how U.S.
international carriers use their circuits.

**[Need]{.underline}:** The rule provides essential data that enables
the Commission to discharge its obligations to authorize the
construction and use of international common carrier transmission
facilities. The information is used by the agency and industry to
determine whether an international common carrier is providing direct or
indirect service to countries and to assess industry trends in the use
of international transmission facilities. The data is extremely valuable
because it is not available from any other source.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 214, 219, 303, 403.

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

43.82 International Circuit Status Reports.

**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. Part 61 rules also establish
the pricing rules and related requirements that apply to incumbent local
exchange carriers.

**[Need]{.underline}:** Section 61.33(e) requires all letters of
transmittal for 14-day tariff filings to include an address and
designated individual for personal service and a number for facsimile
service. Sections 61.39(d) and 61.39(e) give smaller carriers providing
service primarily to rural areas optional regulatory reforms that
compliment the price cap system. These reforms are intended to reduce
administrative burdens and increase flexibility, while continuing to
ensure high service quality and universal service at reasonable rates.
Sections 61.42(e)(1)(iii) and 61.42(e)(1)(iv) establish the price cap
baskets for 800 data base access services and for billing name and
address information.

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

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

61.33(e) Letters of transmittal.

61.39 Optional supporting information to be submitted with letters of

transmittal for Access Tariff filings effective on or after April 1,
1989, by local exchange carriers serving 50,000 or fewer access

lines in a given study area that are described as subset 3 carriers in

69.602.

61.42 Price cap baskets and service categories.

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

**SUBPART F \-- TELECOMMUNICATIONS RELAY SERVICES AND RELATED CUSTOMER
PREMISES EQUIPMENT FOR PERSONS WITH DISABILITIES.**

**[Brief Description]{.underline}:** Part 64, subpart F implements
section 225 of the Communications Act of 1934, as amended. Section 225
codifies Title IV of the Americans with Disabilities Act of 1990 (ADA)
which requires that the Commission ensure that telecommunications relay
services (TRS) are available, "to the extent possible and in the most
efficient manner," to individuals with hearing or speech disabilities in
the United States. Section 225 defines TRS as telephone transmission
services that make it possible for an individual with a hearing or
speech disability to engage in communication by wire or radio with a
hearing individual in a manner functionally equivalent to that available
to persons who do not have such a disability. The rules provide minimal
functional, operational, and technical standards for TRS programs. The
rules give states a significant role in ensuring the availability of TRS
by treating carriers as compliant with their statutory obligations if
they operate in a state that has a relay program certified as compliant
by the Commission. The rules also establish a cost recovery and a
carrier contribution mechanism (TRS Fund) for the provision of
interstate TRS and require states to establish cost recovery mechanisms
for the provision of intrastate TRS.

**[Need]{.underline}:** Part 64, subpart F is intended to facilitate
communication by persons with hearing or speech disabilities by ensuring
that interstate and intrastate TRS are available throughout the country,
and by ensuring uniform minimum functional, operational, and technical
standards for TRS programs. The TRS rules ensure that individuals with
hearing or speech disabilities receive the same quality of service when
they make TRS calls, regardless of where their calls originate or
terminate.

**[Legal Basis]{.underline}:** 47 U.S.C. 225.

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

64.604(a)(2) Operational Standards, Confidentiality and conversation
content. 64.604(c)(ii) Jurisdictional separation of costs, Cost
Recovery, 47 CFR. 64.604(c)(iii) Jurisdictional separation of costs, TRS
Fund.

**SUBPART K \-- CHANGES IN PREFERRED TELECOMMUNICATIONS SERVICE
PROVIDERS**

**[Brief Description]{.underline}:** Part 64, subpart K implements
section 258 of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996. This section provides the Commission
authority to deter and punish "slamming," the submission or execution of
an unauthorized change in a subscriber's selection of a provider of
telecommunications service. The rules prescribe verification procedures
for telecommunications carriers to use in confirming subscribers'
decisions to change telecommunications carriers. A carrier that fails to
comply with the Commission's verification procedures is liable to the
subscriber's authorized carrier for all amounts paid by the subscriber
after the violation. The rules absolve subscribers of liability for
charges billed by unauthorized carriers in certain cases, impose
liability on unauthorized carriers for all charges collected from
subscribers, and establish procedures to govern preferred carrier
freezes.

In 1992 the Commission first adopted rules requiring interexchange
carriers to obtain verification from customers acquired through
telemarketing before submitting a preferred interexchange carrier change
order to a local exchange carrier (LEC). Verification could be in one of
four allowable forms: (1) written authorization; (2) electronic
authorization, i.e., by placing a call to an 800 number established to
obtain verification; (3) oral authorization taken by an independent
third party; and (4) sending of a "welcome package" including a prepaid
postcard usable to deny, cancel or confirm a change order. The
Commission subsequently revised these rules, then numbered 47 CFR
64.1100 and now numbered 47 CFR 64.1100-64.1196, several times in
response to consumer complaints and industry changes.

In 1995, the Commission established requirements for the form and
content of the written authorization or Letter of Agency (LOA) used to
verify a change, and prohibited "negative option" LOAs that demanded an
affirmative act by the customer to prevent a change. The Commission
again revised the rules in 1999 in response to a provision of the
Telecommunications Act of 1996 making it unlawful to "submit or execute
a change in a subscriber's selection of a provider of telephone exchange
service or telephone toll service except in accordance with such
verification procedures as the Commission shall prescribe." In addition
to absolving subscribers from liability for certain slamming charges,
the revised rules: (1) extended the verification requirements to all
telecommunications carriers; (2) toughened the LOA requirements and
eliminated the "welcome package"; (3) set rules for "preferred carrier
freezes" requiring the customer to contact the LEC to consent to a
change; and (4) allowed states to establish their own rules for
intrastate presubscription. Many of these revised rules did not take
effect until 2000 due to petitions for stay and waiver.

In 2001, the Commission amended the rules to permit LOAs submitted via
the internet, expanded registration requirements for interstate
telecommunications carriers, and provided for a streamlined process in
situations involving carrier-to-carrier sale or transfer of subscriber
bases. Finally, in 2003 the Commission clarified that LECs executing
carrier change requests can be held liable for unauthorized carrier
changes to their affiliates, and modified the "drop-off" requirement to
allow sales agents, in certain circumstances, to remain silently on the
line during verification.

**[Need]{.underline}:** Part 64, subpart K attempts to eliminate the
fraudulent practice of "slamming," foster consumer choice, and
facilitate competition in the market for telecommunications services.
Establishing verification requirements, liability rules, and complaint
resolution procedures assists the Commission in preventing slamming.

**[Legal Basis]{.underline}:** 47 U.S.C. 258.

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

64.1100 Definitions.

64.1110 State notification of election to administer FCC rules.

64.1120 Verification of orders for telecommunications service.

64.1130 Letter of agency form and content.

64.1140 Carrier liability for slamming.

64.1150 Procedures for resolution of unauthorized changes in preferred c
carrier.

64.1160 Absolution procedures where the subscriber has not paid charges.

64.1170 Reimbursement procedures where the subscriber has paid charges.

64.1190 Preferred carrier freezes.

64.1195 Registration requirement.

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

**[Brief Description]{.underline}:** Part 64, subpart L implements
Section 227 of the Communications Act of 1934 as amended. Section 227
codifies the Telephone Consumer Protection Act of 1991 (TCPA), which was
enacted to address certain telemarketing practices thought to be an
invasion of consumer privacy and a risk to public safety. The TCPA
imposes restrictions on the use of automatic telephone dialing systems
(autodialers), artificial or prerecorded messages, and telephone
facsimile machines, and requires the Commission to adopt rules to
implement these protections. Pursuant to the Commission\'s rules
implementing the TCPA, a person or entity engaged in telemarketing is
required to maintain a record of a called party\'s request not to
receive future solicitations for a period of five years. Telemarketers
must develop and maintain written policies for maintaining their lists,
and they are required to inform their employees of the list\'s existence
and train them to use the list. The rules prohibit telemarketers from
calling residential telephone subscribers before 8 a.m. or after 9 p.m.
and require telemarketers to identify themselves to called parties.

The Commission first adopted rules to implement the TCPA in 1992, and
amended them in 1995 to prohibit telemarketers from providing a 900
number or any other number for which charges exceed local or long
distance transmission charges for purposes of identification. In 2003,
the Commission further amended the TCPA rules to establish, in
conjunction with the FTC, a national Do-Not-Call Registry (Registry) for
consumers who wish to avoid telemarketing calls. The Registry is
nationwide in scope, includes all telemarketers (with the exception of
certain non-profit organizations) and covers both interstate and
intrastate telemarketing calls. The Commission also adopted restrictions
on the use of predictive dialers, and tightened existing rules on
unsolicited faxes to require that companies obtain express permission in
writing before sending unsolicited facsimile advertisements. Most
recently, the Commission delayed the effective date of the written
consent requirement for sending unsolicited facsimile advertisements
until July 1, 2005, created a limited "safe harbor" from liability for
placing autodialed and prerecorded message calls when such calls are
made to a wireless number ported from a wireline service within the
previous 15 days, and required telemarketers to access the Do-Not-Call
Registry and scrub their call lists every 31 days rather than every
three months.

**[Need]{.underline}:** Part 64, subpart L is intended to protect
subscriber privacy and public safety without unnecessarily restricting
legitimate telephone marketing and sales.

**[Legal Basis]{.underline}:** 47 U.S.C. 227.

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

64.1200, generally, 64.1200(e)(2)(iv), (vi) and (f)(3)(iii) Delivery
Restrictions.

**[Brief Description]{.underline}:** This rule imposes restrictions on
the use of billing name and address information by telecommunications
service providers and their authorized billing and collection agents.
Section 64.1201 requires local exchange carriers (LECs) to provide
interstate common carriers non-discriminatory access to the billing name
and address (BNA) of LEC subscribers who use a LEC calling card or
authorize collect and third party calls to pay for a carrier\'s
services. The rule also includes safeguards protecting the privacy
interests of end users.

**[Need]{.underline}:** The Commission adopted this rule to limit
billing name and address disclosure to telecommunications service
providers and to prohibit use of billing name and address information
for purposes other than billing for telecommunications services. This
rule is designed to protect the privacy of end users.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201-205.

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

64.1201 Restrictions on billing name and address disclosure.

**SUBPART N \-- EXPANDED INTERCONNECTION**

**[Brief Description]{.underline}:** This rule requires that larger
incumbent local exchange carriers (LECs) that do not participate in the
National Exchange Carrier Association tariff provide expanded
interconnection. subpart N requires that these incumbent LECs allow
other parties to interconnect with their networks through physical or
virtual collocation for the provision of special access and switched
transport services. Interested parties including competitive LECs,
interexchange carriers and end users can take expanded interconnection
from the incumbent LECs subject to this rule.

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

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154, and 201-205.

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

64.1401 Expanded Interconnection.

**SUBPART O \-- INTERSTATE PAY-PER-CALL AND OTHER INFORMATION SERVICES**

**[Brief Description]{.underline}:** Part 64, subpart O implements
section 228 of the Communications Act of 1934, as amended. Subpart O
mandates that common carriers assigning telephone numbers to providers
of interstate pay-per-call services require that the provider comply
with the subpart O rules as well as certain other laws and regulations.
Subpart O restricts the provision of pay-per-call services over 800 and
"toll free" numbers and bars the provision of interstate pay-per-call
services on a collect basis. It provides for 900 service access code
assignment to pay-per-call services, and requires local exchange
carriers to offer subscribers the option of blocking access to 900
numbers from their telephones. Subpart O establishes conditions for
common carrier provision of billing and collection for pay-per-call
services and bars the disconnection or interruption of local exchange or
long-distance service for the non-payment of charges for interstate
pay-per-call and certain information services.

In 1993, the Commission promulgated the pay-per-call rules summarized
above to implement the Telephone Disclosure and Dispute Resolution Act
and replace prior pay-per-call rules adopted in 1991. In 1996, the
Commission amended the rules to incorporate expanded consumer
protections enacted in the Telecommunications Act of 1996. These
additional protections included a prohibition on charging callers for
calls to toll-free numbers without a written presubscription agreement,
a requirement for use of personal identification numbers to prevent
unauthorized access, and certain required billing disclosures. The
amended rules also permitted alternatives to written presubscription
such as payment by prepaid account, debit, credit, charge, or calling
card. In July 2004, the Commission released a *Notice of Proposed
Rulemaking* seeking comment on possible modifications to address
circumvention of the pay-per-call rules.

**[Need]{.underline}:** Part 64, subpart O is intended both to promote
the legitimate development of pay-per-call services and protect
consumers from the fraudulent or unscrupulous provision of pay-per-call
services.

**[Legal Basis]{.underline}:** 47 U.S.C. 228.

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

64.1501 Definitions.

64.1502 Limitations on the provision of pay-per-call services.

64.1503 Termination of pay-per-call and other information programs.

64.1504 Restrictions on the use of toll-free numbers.

64.1505 Restrictions on collect telephone calls.

64.1506 Number designation.

64.1507 Prohibition on disconnection or interruption of service for
failure to

remit pay-per-call and similar service charges.

64.1508 Blocking access to 900 service.

64.1509 Disclosure and dissemination of pay-per-call information.

64.1510 Billing and collection of pay-per-call and similar service
charges.

64.1511 Forgiveness of charges and refunds.

64.1512 Involuntary blocking of pay-per-call services.

64.1513 Verification of charitable status.

64.1514 Generation of signaling tones.

64.1515 Recovery of costs.

**SUBPART P \-- CALLING PARTY TELEPHONE NUMBER; PRIVACY**

**[Brief Description]{.underline}:** The requirements in part 64,
subpart P are based on the Commission's authority under sections 1, 4,
201-205, and 218 of the Communications Act of 1934, as amended. Subpart
P covers Calling Party Number (CPN) services, including "Caller ID,"
which depend on capabilities that use out-of-band signaling techniques
such as "Signaling System Seven (SS7)." Subpart P provides that common
carriers using SS7 must, subject to certain exceptions, transmit the CPN
associated with interstate calls to interconnecting carriers without
additional charge. Originating carriers using SS7 must recognize \*67 as
a caller's request for privacy when dialed as the first three digits of
an interstate call. Carriers providing line blocking services are
required to recognize \*82 as a caller's request that privacy not be
provided and that the CPN be passed on an interstate call. Subpart P
requires carriers to notify customers of their \*67 and \* 82
capabilities and restricts the use of telephone subscriber information.
Finally subpart P restricts the reuse or sale of telephone numbers by
subscribers to Automatic Number Identification (ANI) absent affirmative
subscriber consent.

The Commission adopted the CPN rules in 1994, but stayed the effective
date of portions of the rules regarding CPN passage, privacy, and
education in March 1995. In May 1995, the Commission amended the rules
to resolve uncertainties regarding financial arrangements and varying
state privacy rights, and to prescribe an education program to support
consumer use of Caller ID services. In 1997, the Commission amended the
rules to exempt payphones from blocking and unblocking requirements, and
to require private branch exchanges (PBXs) to provide blocking and
unblocking if they passed CPN to the public switched network. In 2003,
the Commission amended the rules to prohibit telemarketers from blocking
Caller ID information.

**[Need]{.underline}:** The purpose of part 64, subpart P is to protect
subscriber privacy while fostering the development of new and innovative
services.

**[Legal Basis]{.underline}:** 47 U.S.C. 1, 4, 201-205, 218.

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

64.1600 Definitions.

64.1601 Delivery requirements and privacy restrictions.

64.1602 Restrictions on use and sale of telephone subscriber information

provided pursuant to automatic number identification or charge

number services.

64.1603 Customer notification.

64.1604 Effective date.

**PART 65 \-- INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND
METHODOLOGIES**

**SUBPART C \-- EXCHANGE CARRIERS**

**[Brief Description]{.underline}:** Part 65 sets forth procedures and
methodologies for prescribing and enforcing the rate of return certain
LECs may earn on interstate access service. These rules establish that
the composite weighted average cost of capital is the sum of the cost of
debt, the cost of preferred stock, and the cost of equity, each weighted
by its proportion in the capital structure of the telephone companies,
and the final determinations of the cost of equity, cost of debt, cost
of preferred stock and their capital structure weights shall be accurate
to two decimal places.

**[Need]{.underline}:** The continued use of the weighted average cost
of capital calculation allows us to estimate the cost of capital for LEC
interstate access service. Previous cost of capital calculations were
required to be carried out to the eighth decimal place. We stated that
this degree of specificity was unnecessary and concluded that cost of
capital calculations need only be carried out to two decimal places.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154, 201-205, 218-220,
403.

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

65.305 Calculation of the weighted average cost of capital.

65.306 Calculation accuracy.

**SUBPART F \-- MAXIMUM ALLOWABLE RATES OF RETURN**

**[Brief Description]{.underline}:** This rule establishes that the
maximum allowable rate of return for rates filed by LECs subject to
61.50 shall be determined by adding a fixed increment of one and
one-half percent to the carriers prescribed rate of return.

**[Need]{.underline}:** In designing an optional incentive-based
regulatory system for the smaller carriers, we proposed to establish an
earnings band similar to the price cap earnings band. In the Notice of
Proposed Rulemaking (NPRM), the Commission proposed that incentive plan
LECs be permitted to earn up to 1 percent (100 basis points) above the
prescribed rate of return. In the final rule, to better balance the
risks and rewards of the incentive plan, the Commission increased the
permissible earnings zone for incentive plan carriers from a 100 to a
150 basis point maximum

**[Legal Basis]{.underline}:** 47 U.S.C. 51, 154, 201-205, 218-220, 403.

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

65.700(c) Determining the maximum allowable rate of return.

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

**SUBPART A -- GENERAL**

**[Brief Description]{.underline}:** Part 68 implements the Hearing Aid
Compatibility Act of 1988 (HAC Act). The HAC Act requires that, unless
exempt, all essential telephones and all telephones manufactured in or
imported into the United States after August 16, 1989 must "provide
internal means for effective use with hearing aids that are designed to
be compatible with telephones which meet established technical standards
for hearing aid compatibility." The scope of this discussion is limited
to part 68 as it applies to telephone compatibility with hearing aids.

**[Need]{.underline}:** Part 68 establishes conditions for direct
connection to the network of registered terminal equipment to prevent
network harm and ensure that telephones are compatible with hearing
aids. The purpose of part 68 is, in part, to provide for uniform
standards for the compatibility of hearing aids and telephones to ensure
that persons with hearing aids have reasonable access to the telephone
network.

**[Legal Basis]{.underline}:** 47 U.S.C. 151-154, 201-205, 303(r), 610.

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

68.3 Definitions.

**SUBPART D \-- CONDITIONS FOR TERMINAL EQUIPMENT APPROVAL**

**[Brief Description]{.underline}:** Among its many provisions, part 68
includes certain requirements for terminal equipment which implement the
Telephone Consumer Protection Act of 1991 (TCPA). Congress enacted the
TCPA in an effort to address telephone marketing calls and certain
telemarketing practices thought to be an invasion of consumer privacy
and a risk to public safety. The TCPA imposes, among other things,
certain restrictions on the use of automatic dialing machines and the
use of telephone facsimile machines to send unsolicited advertisements.
These restrictions include a requirement that addresses line seizure by
automatic telephone dialing systems and a requirement that all facsimile
transmissions include source labeling (47 CFR 68.318(c) and 68.318(d)
respectively).

In 1995, the Commission amended section 68.318(c) to prohibit senders of
unsolicited facsimiles from providing a 900 number or any other number
for which charges exceed local or long distance transmission charges for
purposes of identification. In 1997, the Commission redesignated section
68.318(c) as section 68.318(d), and added a new section 68.318(c)
restricting the use of automatic dialers. In 2003, the Commission
amended section 68.318(d) to require a facsimile broadcaster with a high
degree of involvement in a sender's facsimile message to provide on the
facsimile the name under which it is registered to conduct business with
the State Corporation Commission or comparable regulatory authority.

**[Need]{.underline}:** The purpose of sections 68.318(c) and 68.318(d)
is to implement the TCPA to address telephone marketing calls and
certain telemarketing practices related to the sending of unsolicited
facsimile advertisements thought to be an invasion of consumer privacy
and a risk to public safety.

**[Legal Basis]{.underline}:** 47 U.S.C. 227.

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

68.318(c)-(d) Additional limitations.

**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 local exchange carriers by
ensuring that rates are just, reasonable, and not unjustly or
unreasonably discriminatory. These rules also provide definitions for
terms used in rules.

**[Need]{.underline}:** Sections 69.2(uu) and (vv) define the terms
"price cap regulation" and "signalling for tandem switching" and are
essential for the implementation and understanding of other rule
sections. Section 69.4(b)(9) was added to help correct the misallocation
of general support facility investment and related expenses among the
part 69 cost categories for local exchange carriers.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201, 202, 203, 205, 218,
403.

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

69.2 Definitions.

69.4 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 by ensuring that rates are
just, reasonable, and not unjustly or unreasonably discriminatory.

**[Need]{.underline}:** Sections 69.110(f)-(h) were adopted to allow
telephone companies to offer term and volume discounts for entrance
facilities charges after certain conditions are met. Sections
69.111(i)-(k) were adopted to grant LECs additional flexibility in the
form of density zone pricing, and volume and term discounts. Section
69.112(e) was adopted to provide LECs that did not have DS3 or DS1
special access rates in effect a means to determine appropriate rates.
Sections 69.112(f)-(h) were adopted to allow telephone companies to
offer term and volume discounts in direct-trunked transport charges
after meeting certain conditions. Section 69.123(d) was adopted to grant
LECs additional flexibility in the form of density zone pricing, and
volume and term discounts. Section 69.128 enables telecommunications
service providers without billing and collection agreements with LECs to
perform their own billing and collection, thus improving competition in
the market for billing and collection services. Section 69.129 was
adopted to enable interested third parties, including competitive access
providers, interexchange carriers (IXCs), and end users to carry traffic
of multiple IXCs from local exchange carrier end offices to their own
tandems, switch traffic at that point, and deliver the traffic to the
appropriate IXC.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201, 202, 203, 205, 218,
403.

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

69.110 Entrance facilities.

69.111 Tandem-switched transport and tandem charge.

69.112 Direct-trunked transport.

69.123 Density pricing zones for special access and switched transport.

69.128 Billing name and address.

69.129 Signalling for tandem switching.

**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 local exchange carries by ensuring that
rates are just, reasonable, and not unjustly or unreasonably
discriminatory.

**[Need]{.underline}:** Section 69.307(b) was adopted to enable
telecommunications service providers without billing and collection
agreements with local exchange carriers to perform their own billing and
collection, thus improving competition in the market for billing and
collection services.

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

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

69.307(b) General support facilities.

**SUBPART E \-- APPORTIONMENT OF EXPENSES**

**[Brief Description]{.underline}:** The part 69 rules are designed to
implement the provisions of Sections 201 and 202 of the Communications
Act and protect consumers by preventing the exercise of market power by
incumbent local exchange carriers by ensuring that rates are just,
reasonable, and not unjustly or unreasonably discriminatory.

**[Need]{.underline}:** Section 69.407(c) was adopted to assign a
portion of Customer Operations Expense to the Billing Name and Address
rate element.

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

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

69.407(c) Revenue accounting expenses in Account 6620.

**SUBPART G \-- EXCHANGE CARRIER ASSOCIATION**

**[Brief Description]{.underline}:** The part 69 rules also provide for
the establishment and operation of the National Exchange Carrier
Association (NECA), which files tariffs on behalf of many of the
smaller, rate-of-return local exchange carriers.

**[Need]{.underline}:** Section 69.601(c) was adopted to ensure that
data provided by the member telephone companies to NECA are complete,
accurate, and consistent with FCC rules.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201, 202, 203, 205, 218,
403.

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

69.601(c) Exchange carrier association.

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

**SUBPART H \-- RULES APPLICABLE TO ALL BROADCAST STATIONS**

**[Brief Description]{.underline}:** These rules describe authority to
rebroadcast emergency communications and priority for EAS broadcasts at
the national level.

**[Need]{.underline}:** In setting priority for national EAS messaging
and allowing for rebroadcast of emergency communications, these rules
facilitate the EAS process.

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

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

73.1207 Rebroadcasts.

73.1250 Broadcasting emergency information.

**[Brief Description]{.underline}:** These rules provide compliance and
authorization provisions for all broadcast services.

**[Need]{.underline}:** These rules prescribe common operating
procedures for all broadcast services.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 303 and
[304](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

73.1300 Unattended station operation.

73.1350 Transmission system operation.

**[Brief Description]{.underline}:** Under Section 73.3545 of the
Commission\'s rules and section 325(c) the Communications Act of 1934,
as amended, FCC Form 308 is used to apply for authority to locate, use,
or maintain a studio in the United States for the purpose of supplying
program material to a foreign radio or TV broadcast station, whose
signals are consistently received in the United States, or for extension
of existing authority. An informal application for a permit of this
nature may also be used by applicants holding an AM, FM or TV broadcast
station license or construction permit, so long as applications contain
a description of the nature and character of the programming proposed,
the applicant\'s ownership, and an explanation of the legal relationship
between the applicant and foreign station(s) involved.

**[Need]{.underline}:** Protects domestic broadcasters from interference
from foreign station (*i.e*. TV, AM and FM).

**[Legal Basis]{.underline}:** 47 U.S.C. 325.

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

73.3545 Application for permit to deliver programs to foreign stations.

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

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

**[Brief Description]{.underline}:** These rules provide for the
carriage of television broadcast signals on cable television systems.

**[Need]{.underline}:** These rules implement sections 4 and 5 of the
Cable Television Consumer Protection and Competition Act of 1992.

**[Legal Basis]{.underline}:** 47 U.S.C.
[154(i)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[154(j)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
and
[303](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

76.55 Definitions applicable to the must-carry rules.

76.56 Signal carriage obligations.

76.57 Channel positioning.

76.59 Modification of television markets.

76.61 Disputes concerning carriage.

76.62 Manner of carriage.

76.64 Retransmission consent.

**SUBPART H \-- GENERAL OPERATING REQUIREMENTS**

**[Brief Description]{.underline}:** These rules prescribe customer
service standards for cable operators.

**[Need]{.underline}:** These rules implement section 8 of the Cable
Television Consumer Protection and Competition Act of 1992.

**[Legal Basis]{.underline}:** 47 U.S.C.
[154(i)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[154(j)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
and
[303](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

76.309 Customer service obligations.

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

**[Brief Description]{.underline}:** These rules restrict the ownership
interests of cable operators and their ability to own or control video
programming services.

**[Need]{.underline}:** These rules provide for diversity in the
ownership of cable television systems and video programming providers.

**[Legal Basis]{.underline}:** 47 U.S.C.
[154(i)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[154(j)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
and
[303(r)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

76.501 Cross-ownership.

76.502 Time limits applicable to franchise authority consideration of

transfer applications.

76.503 National subscriber limits.

76.504 Limits on carriage of vertically integrated programming.

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

**[Brief Description]{.underline}:** These rules allow subscribers the
opportunity to acquire cable home wiring upon voluntary termination of
service in order to use it for alternative providers and to avoid the
disruption of having the wiring removed.

**[Need]{.underline}:** These rules are required by section 16(d) of the
Cable Television Consumer Protection and Competition Act of 1992.

**[Legal Basis]{.underline}:** 47 U.S.C.
[154(i)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[154(j)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
and
[303(r)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

76.801 Scope.

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

**[Brief Description]{.underline}:** These rules provides for regulation
of cable rates by local franchising authorities and the Commission.

**[Need]{.underline}:** The rules ensure that subscribers pay reasonable
rates for regulated cable services with minimum regulatory and
administrative burden on cable entities.

**[Legal Basis]{.underline}:** 47 U.S.C.
[154(j)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS154&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[303(r)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS303&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[532](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS532&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
[542(c)](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS542&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04),
and
[543](http://web2.westlaw.com/find/default.wl?DB=1000546&DocName=47USCAS543&FindType=L&AP=&mt=Westlaw&fn=_top&sv=Split&vr=2.0&rs=WLW5.04).

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

76.901 Definitions.

76.905 Standards for identification of cable systems subject to
effective

competition.

76.906 Presumption of no effective competition.

76.907 Petition for a determination of effective competition.

76.910 Franchising authority certification.

76.911 Petition for reconsideration of certification.

76.912 Joint certification.

76.913 Assumption of jurisdiction by the Commission.

76.914 Revocation of certification.

76.916 Petition for recertification.

76.917 Notification of certification withdrawal.

76.920 Composition of the basic tier.

76.921 Buy-through of other tiers prohibited.

76.922 Rates for the basic service tier and cable programming services
tiers.

76.923 Rates for equipment and installation used to receive the basic

service tier.

76.924 Allocation to service cost categories.

76.925 Costs of franchise requirements.

76.930 Initiation of review of basic cable service and equipment rates.

76.933 Franchising authority review of basic cable rates and equipment

costs.

76.934 Small systems and small cable companies.

76.935 Participation of interested parties.

76.936 Written decision.

76.937 Burden of proof.

76.938 Proprietary information.

76.939 Truthful written statements and responses to requests of
franchising

authority.

76.940 Prospective rate reduction.

76.941 Rate prescription.

76.942 Refunds.

76.943 Fines.

76.944 Commission review of franchising authority decisions on rates for

the basic service tier and associated equipment.

76.945 Procedures for Commission review of basic service rates.

76.946 Advertising of rates.

76.950 Complaints regarding cable programming service rates.

76.951 Standard complaint form; other filing requirements.

76.952 Information to be provided by cable operator on monthly
subscriber

bills.

76.953 Limitation on filing a complaint.

76.954 Initial review of complaint; minimum showing requirement;

dismissal of defective complaints.

76.955 Additional opportunity to file corrected complaint.

76.956 Cable operator response.

76.957 Commission adjudication of the complaint.

76.960 Prospective rate reductions.

76.961 Refunds.

76.962 Implementation and certification of compliance.

76.963 Forfeiture.

76.970 Commercial leased access rates.

76.971 Commercial leased access terms and conditions.

76.975 Commercial leased access dispute resolution.

76.977 Minority and educational programming used in lieu of designated

commercial leased access capacity.

76.980 Charges for customer changes.

76.981 Negative option billing.

76.982 Continuation of rate agreements.

76.983 Discrimination.

76.984 Geographically uniform rate structure.

76.985 Subscriber bill itemization.

76.986 \"A la carte\" offerings.

76.987 New product tiers.

76.990 Small cable operators.

**SUBPART O \-- COMPETITIVE ACCESS TO CABLE PROGRAMMING**

**[Brief Description]{.underline}:** These rules prescribe regulations
that govern the access by competing multichannel video programming
distributors to satellite cable and satellite broadcast programming.

**[Need]{.underline}:** These rules implement section 19 of the Cable
Television Consumer Protection and Competition Act of 1992, which adds
section 628 to the Communications Act of 1934.

**[Legal Basis]{.underline}:** 47 U.S.C. 152(a), 154(i), and 303(r).

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

76.1000 Definitions.

76.1001 Unfair practices generally.

76.1002 Specific unfair practices prohibited.

76.1003 Program access proceedings.

**SUBPART Q \-- REGULATION OF CARRIAGE AGREEMENTS**

**[Brief Description]{.underline}:** These rules govern agreements
between multichannel video programming distributors and video
programming vendors.

**[Need]{.underline}:** These rules implement section 12 of the Cable
Television Consumer Protection and Competition Act of 1992, which adds a
new section 616 to the Communications Act of 1934.

**[Legal Basis]{.underline}:** 47 U.S.C. 152(a), 154(i), and 303(r).

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

76.1300 Definitions.

76.1301 Prohibited practices.

76.1302 Carriage agreement proceedings.

**PART 87 \-- AVIATION SERVICES**

**SUBPART F \-- AIRCRAFT STATIONS**

**[Brief Description]{.underline}:** This part states the conditions
under which radio stations may be licensed and used in the aviation
services. Subpart F sets forth, among other things, the requirements for
emergency locator transmitters (ELTs) that operate in the 406.0-406.1
MHz band. An ELT is a transmitter of an aircraft or a survival craft
actuated manually or automatically that is used as an alerting and
locating aid for survival purposes.

**[Need]{.underline}:** The specification of technical requirements for
406.0-406.1 MHz ELTs is intended to ensure that these devices, which are
vital to aviation safety, perform effectively and reliably in
transmitting information to search and rescue personnel in the event of
an emergency.

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

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

87.199 Special requirements for 406.0-406.1 MHz ELTs.

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

**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 in place an effective equal employment
opportunity program and do not discriminate against qualified persons in
employment because of sex, race, color, religion, or national origin.

**[Legal Basis]{.underline}:** 47 U.S.C. 154(i), 161, 303(g), 303(r),
332(c)(7).

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

90.168 Equal employment opportunities.

**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 radio services
governed by part 90.

**[Need]{.underline}:** Technical standards are needed for part 90
equipment in part to ensure that part 90 devices are interoperable and
do not cause harmful interference to other authorized communications.

**[Legal Basis]{.underline}:** 47 U.S.C. 154(i), 161, 303(g), 303(r),
332(c)(7).

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

90.210 Emission masks.

90.214 Transient frequency behavior.

**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 provides rules specific to the
Intelligent Transportation Systems Radio Service.

**[Need]{.underline}:** These rules provide a regulatory framework for
the Intelligent Transportation Systems radio service, which was
established for the purpose of integrating radio-based technologies into
the nation's transportation infrastructure and to develop and implement
the nation's intelligent transportation systems. Rules as to eligibility
for licensing, frequencies available, and any special requirements for
services in the Intelligent Transportation Systems Radio Service are set
forth in this subpart.

**[Legal Basis]{.underline}:** 47 U.S.C. 154(i), 161, 303(g), 303(r),
332(c)(7).

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

90.350 Scope.

90.351 Location and Monitoring Service.

90.353 LMS Operations in the 902-928 MHz band.

90.355 LMS Operations below 512 MHz.

90.357 Frequencies for LMS systems in the 902-928 MHz band.

90.359 Field Strength Limits for MTA-licensed LMS systems.

90.361 Interference from part 15 devices \[now titled, "Interference
from part

15 and Amateur operations."\]

90.363 Grandfathering provisions for existing AVM Licensees.

**SUBPART S \-- REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES
IN THE 806-824, 851-869, 896-901, AND 935-940 MHZ 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 S sets forth the rules governing
the licensing and operations of all systems operating in the
806--824/851--869 MHz and 896--901/935--940 MHz bands. It includes
eligibility requirements, and operational and technical standards for
stations licensed in these bands.

**[Need]{.underline}:** Among other things, these rules establish
requirements for Specialized Mobile Radio (SMR) licensees with MTA-based
service areas to ensure that such licensees construct the authorized
facilities in a timely manner, provide substantial service within their
service areas, and do not cause harmful interference to site-based
incumbent SMR licensees or other entities.

**[Legal Basis]{.underline}:** 47 U.S.C. 54(i), 161, 303(g), 303(r),
332(c)(7).

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

90.663 MTA-based SMR system operations.

90.665 Authorization, construction and implementation of MTA licenses.

90.669 Emission limits.

90.671 Field strength limits.

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

**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 governs the technical
requirements set forth for these services.

**[Need]{.underline}:** The identified rule is necessary to promote
efficient utilization of the spectrum used for fixed microwave services.

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

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

101.139(f) (adopted as 21.120(e) (1993)) Authorization of transmitters.