DA-06-1863

November 22, 2006

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules

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

CB Docket No. 06-208

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 1996 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without change, or should be amended or rescinded, consistent with the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/>. 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](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 the year 1996. All listed rules are in Title 47
of the Code of Federal Regulations.

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

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

**[Brief Description]{.underline}:** Establishes procedure for filing of
applications for undersea cable landing licenses.

**[Need]{.underline}:** Establishes proper procedure for submitting the
correct information to comply with requirements for the licensing of
undersea cable landing stations.

**[Legal Basis]{.underline}**: 47 U.S.C. 34--39 and Executive Order No.
10530, dated May 10, 1954.

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

1.767(e), (f) Cable landing licenses.

**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 1.1118 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}**:

1.113(d) Return or refund of charges.

**[Brief Description]{.underline}**: Petitions and applications for
review.

**[Need]{.underline}**: These rules describe how fees may be waived or
deferred for good cause, or if would promote the public interest.

**[Legal Basis]{.underline}**: 47 U.S.C. 158(d)(1).

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

1.1117(f) Petitions and applications for review.

**[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}**:

1.1164(f)(5) Penalties for late or insufficient regulatory fee payments.

1.1166(e) Waivers, reductions and deferrals of regulatory fees.

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

**[Brief Description]{.underline}**: This rule provides that no state or
local government (or instrumentality thereof) may regulate the
placement, construction, and modification of personal wireless service
facilities based upon the environmental effects of radio frequency
emissions, as long as such facilities comply with the Commission's
environmental rules. Personal wireless service means commercial mobile
services, unlicensed wireless services, and common carrier wireless
exchange access services. Personal wireless facilities are facilities
for the provision of personal wireless services.

**[Need]{.underline}:** The purpose of the regulation is to preempt
regulation by a state or local government (or instrumentality thereof)
regarding this subject.

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

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

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

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

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

**[Brief Description]{.underline}**: These rules streamline the
equipment authorization requirements for personal computers and personal
computer peripherals. These rules provide for a new equipment
authorization procedure, "Declaration of Conformity" (DoC), which
permits these devices to be authorized based on a manufacturer's or
supplier's declaration that the computer product conforms with all FCC
requirements.

**[Need]{.underline}**: The streamlined DoC equipment authorization
procedure saves industry a significant amount of administrative
expenses, while continuing to provide the same level of protection
against harmful interference from personal computing devices to radio
communications services. These rules eliminate the need for
manufacturers to obtain FCC approval before marketing new personal
computer products and thus allow such products to reach the marketplace
more quickly. These rules all align the FCC's equipment authorization
requirements for personal computers with those used in other parts of
the world.

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

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

2.906 Declaration of Conformity.

2.909 Responsible Party.

2.1071 Cross Reference.

2.1072 Limitation on Declaration of Conformity.

2.1073 Responsibilities.

2.1074 Identification.

2.1075 Retention of Records.

2.1076 FCC inspection and submission of equipment for testing.

2.1077 Compliance information.

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

**SUBPART A---GENERAL**

**[Brief Description]{.underline}**: These rules specify the testing and
labeling requirements for the "Declaration of Conformity" (DoC)
procedure which permits these devices to be authorized based on a
manufacturer's or supplier's declaration that the computer product
conforms with all FCC requirements.

**[Need]{.underline}**: The streamlined DoC equipment authorization
procedure saves industry a significant amount of administrative
expenses, while continuing to provide the same level of protection
against harmful interference from personal computing devices to radio
communications services. These rules eliminate the need for
manufacturers to obtain FCC approval before marketing new personal
computer products and thus allow such products to reach the marketplace
more quickly. These rules all align the FCC's equipment authorization
requirements for personal computers with those used in other parts of
the world.

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

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

15.3(bb) Definition of CPU Board.

15.19(b) Labelling requirements.

15.32 Test procedures for CPU boards and computer power supplies.

15.37(g) Transition provisions for compliance with the rules.

**SUBPART B---UNINTENTIONAL RADIATORS**

**[Brief Description]{.underline}**: These rules specify the testing and
labeling requirements for the "Declaration of Conformity" (DoC)
procedure which permits these devices to be authorized based on a
manufacturer's or supplier's declaration that the computer product
conforms with all FCC requirements.

**[Need]{.underline}**: The streamlined DoC equipment authorization
procedure saves industry a significant amount of administrative
expenses, while continuing to provide the same level of protection
against harmful interference from personal computing devices to radio
communications services. These rules eliminate the need for
manufacturers to obtain FCC approval before marketing new personal
computer products and thus allow such products to reach the marketplace
more quickly. These rules all align the FCC's equipment authorization
requirements for personal computers with those used in other parts of
the world.

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

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

15.102 CPU boards and power supplies used in personal computers.

**PART 17 -- CONSTRUCTION, MARKING AND LIGHTING OF ANTENNA STRUCTURES**

**SUBPART A --- GENERAL INFORMATION**

**[Brief Description]{.underline}**: The purpose of these rules is to
establish procedures for antenna registration and to set standards for
consideration of proposed antenna structures. The rules establish the
responsibilities of antenna structure owners, licensees and permittees
for maintaining the painting and lighting of antenna structures in
accordance with part 17.

**[Need]{.underline}:** Under part 17, the Commission has implemented an
antenna structure registration (ASR) program to promote the safety of
air navigation. These rules are necessary to: 1) establish definitions;
2) explain how the ASR program interrelates with the processing of
applications for station authorizations that utilize such antenna
structures; 3) establish responsibility for painting and lighting
antenna structures; 4) establish the steps that must be taken if
licensees or permittees become aware that a structure they are using is
not properly painted or lighted; and 5) provide an alternate method for
registering an antenna structure that is a potential hazard to air
navigation when the antenna structure owner cannot register the
structure due to provisions of the Anti-Drug Abuse Act of 1988.

**[Legal Basis]{.underline}**: 47 U.S.C. 154, 303. Interpret or apply 47
U.S.C. 301, 309.

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

17.2(c) Antenna Structure Owner.

17.2(d) Antenna structure registration number.

17.5 Commission consideration of applications for station authorization.

17.6 Responsibility of Commission licensees and permittees.

**SUBPART C --- SPECIFICATIONS FOR OBSTRUCTION MARKING AND LIGHTING OF
ANTENNA STRUCTIONS**

**[Brief Description]{.underline}**: Section 17.49(d) provides that
owners of antenna structures must maintain records of any extinguishment
or malfunctioning of a structure light, including the date, time and
nature of adjustments, repairs, or replacements made.

**[Need]{.underline}**: This rule is needed as the logical conclusion to
the balance of the rule requirements in part 17, providing that a record
be kept of any malfunctioning of a structure light, to assist in
ensuring the light's return to functionality. Documentation of
correction of the problem (and compliance with the rules) promotes the
safety of air navigation.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 303. Interpret or apply 47
U.S.C. 301, 309.

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

17.49(d) Recording of antenna structure light inspections in the owner
record.

**PART 20 -- COMMERCIAL MOBILE RADIO SERVICES**

**[Brief Description]{.underline}:** This rule specifies that local
exchange carriers and commercial mobile radio service providers shall
comply with applicable provisions of part 51, which establishes
interconnection rules.

**[Need]{.underline}:** To ensure that carriers, particularly new
entrants and small entities, can interconnect on reasonable terms.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 160, 201, 251-254, 303,
and 332.

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

20.11(c) Interconnection to facilities of local exchange carriers.

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

**[Brief Description:]{.underline}** Establishes procedure for filing of
applications for special temporary authority involving construction or
alteration of antennas where compliance with Federal Aviation
Administration requirements may be required.

**[Need]{.underline}**: Establishes proper procedure for submitting the
correct information to establish compliance with Federal Aviation
Administration antenna requirements.

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

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

23.28(c) Special temporary authorization.

**PART 24 -- PERSONAL COMMUNICATIONS SERVICES**

**SUBPART C --- TECHNICAL STANDARDS**

**[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 C sets
forth the technical requirements for use of the spectrum and equipment
in the personal communications services.

**[Need]{.underline}:** The identified rule is needed to increase air
navigation safety by assigning responsibility for registering,
maintaining, and marking and lighting antenna structures.

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

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

24.55 Antenna structures; air navigation safety.

**PART 25---SATELLITE COMMUNICATIONS**

**SUBPART A---GENERAL**

**[Brief Description:]{.underline}** Establishes conditions for
preemption of local zoning regulation of earth stations designed to
receive direct broadcast satellite service, including direct-to-home
satellite services, that are one meter or less in diameter or located in
Alaska.

**[Need]{.underline}**: Preempts restrictions impairing reception of
direct broadcast satellite services.

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

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

25.104(f) Preemption of local zoning of earth stations.

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

**[Brief Description:]{.underline}** Establishes antenna painting and
lighting and antenna structure requirements.

**[Need]{.underline}**: Compliance with Federal Aviation Administration
antenna requirements.

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

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

25.113(d), (e) Construction permits, station licenses, launch authority.

**[Brief Description:]{.underline}** Establishes procedure for filing of
applications for special temporary authority involving construction or
alteration of earth station antennas where compliance with Federal
Aviation Administration requirements may be required.

**[Need]{.underline}**: Establishes proper procedure for submitting the
correct information to establish compliance with Federal Aviation
Administration antenna requirements.

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

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

25.120(c) Application for special temporary authorization.

**[Brief Description:]{.underline}** Establishes procedure for filing of
applications for transmitting earth station antennas where compliance
with Federal Aviation Administration requirements may be required.

**[Need]{.underline}**: Establishes proper procedure for submitting the
correct information to establish compliance with Federal Aviation
Administration antenna requirements.

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

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

25.130(e) Filing requirements for transmitting earth stations.

**[Brief Description:]{.underline}** Prohibits the grant of a license
for a space station in the mobile satellite service operating in the
1610--1626.5/2483.5--2500 MHz frequency bands to applicants who have
acquired concessions for the handling of traffic to or from the United
States or to interchange traffic that are denied to any other United
States company.

**[Need]{.underline}**: Prohibits applicants for a space station in the
mobile satellite service listed above from obtaining special concessions
for the handling of traffic that are not available to United States
companies.

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

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

25.143(h) Licensing provisions for the 1.6/2.4 GHz mobile-satellite
service and 2

GHz mobile-satellite service.

**SUBPART C---TECHNICAL STANDARDS**

**[Brief Description:]{.underline}** Establishes technical standards for
coordination of sites and frequencies for geostationary orbiting and
non-geostationary orbiting earth stations operating in a frequency band
where both have a co-primary allocation.

**[Need]{.underline}**: Provides space station and earth station
operators with standards and operating procedures to minimize
interference.

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

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

25.203(h) Choice of sites and frequencies.

**[Brief Description:]{.underline}** Establishes technical standards for
operation of fixed satellite service earth stations operating in the
13.75-14 GHz frequency band.

**[Need]{.underline}**: Provides space station and earth station
operators with standards and operating procedures to minimize
interference.

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

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

25.204(f) Power Limits.

**[Brief Description:]{.underline}** Establishes technical standards for
sharing between non-geostationary orbiting mobile satellite service
feeder links earth stations in the 19.3--19.7 GHz and 29.1--29.5 GHz
frequency bands.

**[Need]{.underline}**: Provides space station and earth station
operators with standards and operating procedures to minimize
interference.

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

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

25.250 Sharing between NGSO MSS Feeder links Earth Stations in the
19.3--19.7 GHz and 29.1--29.5 GHz Bands.

**[Brief Description:]{.underline}** Establishes technical standards
operations in the band 29.1--29.25 GHz

For non-geostationary mobile satellite service operators.

**[Need]{.underline}**: Provides space station and earth station
operators with standards and operating procedures to minimize
interference with respect to the local multipoint distribution service.

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

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

25.257 Special requirements for operations in the band 29.1--29.25 GHz
between

NGSO MSS and LMDS.

**[Brief Description:]{.underline}** Establishes technical standards
sharing between non-geostationary orbiting mobile satellite service
feeder links earth stations and geostationary orbiting fixed satellite
service feeder link earth stations in the 29.25--29.5 GHz frequency
band.

**[Need]{.underline}**: Provides space station and earth station
operators with standards and operating procedures to minimize
interference.

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

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

25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS
services

in the 29.25--29.5 GHz Bands.

**PART 42 -- PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS**

**[Brief Description]{.underline}:** Part 42 implements sections 219 and
220 of the Communications Act of 1934, as amended, which authorize the
Commission to require communications common carriers to keep records and
file reports. The part 42 rules facilitate enforcement of the
Communications Act by ensuring the availability of communication common
carrier records needed by the Commission to meet its regulatory
obligations.

**[Need]{.underline}:** Section 42.11 requires non-dominant
interexchange carriers to maintain and to make available to the
Commission certain information concerning the rates, terms, and
conditions for detariffed service offerings. The Commission adopted this
rule when it ordered detariffing of all domestic, interstate,
interexchange services offered by non-dominant carriers. Rule 42.11 was
adopted to enable the Commission to meet its statutory duty of ensuring
that rates, terms and conditions for these services are just,
reasonable, and not unreasonably discriminatory and to investigate and
resolve complaints about such services.

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

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

42.11 Retention of information concerning detariffed interexchange
services.

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

**[Brief Description]{.underline}:** These rules require common carriers
to report transactions with affiliates and to allocate operating
revenues between regulated and unregulated activities.

**[Need]{.underline}**: The rules implement the Telecommunications Act
of 1996\'s directive that incumbent local exchange carriers file annual
reports showing, for the previous calendar year, their revenues,
expenses, taxes, plant in service, and other investment and depreciation
reserves.

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

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

43.21(f) Transactions with affiliates.

**[Brief Description:]{.underline}** Requires U.S. carriers that
interconnect to the U.S. public switched network international private
lines that extends between the United States and a country that the
Commission has not exempted from the international settlements policy to
file a certified statement containing the number and type of private
lines interconnected on a country specific basis.

**[Need]{.underline}**: Provides data that enables the Commission to
assess compliance with the Commission's international settlements policy
and to assess industry use of international transmission facilities.

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

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

43.51(d) Contracts and concessions.

**PART 51 -- INTERCONNECTION**

**SUBPART A \-- GENERAL INFORMATION**

**[Brief Description]{.underline}:** The purpose of this subpart is to
implement sections 251 and 252 of the Communications Act of 1934, as
amended. These rules address the authority of the state commissions to
approve interconnection agreements adopted by negotiation and define
specific terms applicable to part 51.

**[Need]{.underline}:** These rules explain industry terms and lay the
groundwork for the following subparts of these rules. Additionally, the
rules authorize state commissions to approve negotiated interconnection
agreements regardless of whether the terms are otherwise compliant with
the Commission rules, thereby fostering competition in the local
exchange and exchange access markets and encouraging market-based,
rather than regulatory, dispute resolutions.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.1 Basis and purpose.

51.3 Applicability to negotiated agreements.

51.5 Terms and definitions.

**SUBPART B \--TELECOMMUNICATIONS CARRIERS**

**[Brief Description]{.underline}:** Subpart B implements section 251(a)
of the Communications Act of 1934, as amended, and addresses the general
interconnection duties of telecommunication carriers.  For certain
section 251 interconnection arrangements, under these rules, a carrier
may also offer information services so long as it offers
telecommunications services through the same arrangement as well.

**[Need]{.underline}:** These rules are intended to foster competition
in the local exchange and exchange access markets by requiring that all
telecommunications carriers interconnect directly or indirectly with
other carriers.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.100 General duty.

**SUBPART C \-- OBLIGATIONS OF ALL LOCAL EXCHANGE CARRIERS**

**[Brief Description]{.underline}:** These rules implement section
251(b) of the Communications Act of 1934, as amended, and include
requirements for all LECs in the areas of dialing parity and
nondiscriminatory access to telephone numbers, operator services,
directory assistance services and directory listings. The rules also
address the authority of states to apply obligations on LECs not
classified as an incumbent and the process for petitioning the
Commission for classifying a LEC as an incumbent.

**[Need]{.underline}:** These rules are intended to foster competition
in the local exchange and exchange access markets by removing
operational barriers to competition and by requiring incumbent LECs to
provide nondiscriminatory access to services.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.201 Resale (cross-reference to Part 51 subpart G).

51.203 Number Portability (cross-reference to Part 52 subpart C).

51.205 Dialing parity: General.

51.207 Local dialing parity.

51.209 Toll dialing parity.

51.211 Toll dialing parity implementation schedule.

51.213 Toll dialing parity implementation plans.

51.215 Dialing parity: Cost recovery.

51.217 Nondiscriminatory access: Telephone numbers, operator services,
directory assistance services, and directory listings.

51.219 Access to rights of way (cross-reference to Part 1 subpart J).

51.221 Reciprocal compensation (cross-reference to Part 51 subpart H).

51.223 Application of additional requirements.

**SUBPART \-- D \-- ADDITIONAL OBLIGATIONS OF INCUMBENT LOCAL EXCHANGE
CARRIERS**

**[Brief Description]{.underline}:** This subsection generally
implements section 251(c) of the Communications Act of 1934, as amended,
which imposes additional obligations on incumbent LECs. Under this
subpart, incumbent LECs must negotiate interconnection agreements with
requesting telecommunications carriers in good faith, and file the terms
and conditions of these agreements with state commissions. Additionally,
incumbent LECs must comply with various obligations to interconnect with
requesting carriers, including the unbundling of certain elements of
their networks, and allowing such carriers to collocate certain
equipment on the incumbents' premises. This subpart also describes the
Commission's network change disclosure rules.

**[Need]{.underline}:** The Commission found that these rules are
necessary to foster a competitive market in the telecommunications
industry, and to promote the deployment of broadband infrastructure and
other network investment. These rules also ensure that competitors
receive prompt and accurate notice of changes that could affect their
ability to interconnect with the incumbent's network.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.301 Duty to Negotiate.

51.303 Preexisting agreements.

51.305 Interconnection.

51.307 Duty to provide access on an unbundled basis to network elements.
51.309 Use of unbundled network elements.

51.311 Nondiscriminatory access to unbundled network elements.

51.313 Just, reasonable and nondiscriminatory terms and conditions for
the

provision of unbundled network elements.

51.315 Combination of unbundled network elements.

51.317 Standards for requiring the unbundling of network elements.

51.319 Specific unbundling requirements.

51.321 Methods of obtaining interconnection and access to unbundled
elements

under section 251 of the Act.

51.323 Standards for physical collocation and virtual collocation.

51.325 Notice of network changes: Public notice requirement.

51.327 Notice of network changes: Content of notice.

51.329 Notice of network changes: Methods for providing notice.

51.331 Notice of network changes: Timing of notice.

51.333 Notice of Network Changes: Short term notice, objections thereto
and

objections to retirement of copper loops or copper subloops.

51.335 Notice of network changes: Confidential or proprietary
information.

**SUBPART \-- E \-- EXEMPTIONS, SUSPENSIONS, AND MODIFICATIONS OF
REQUIREMENTS OF SECTION 251 OF THE ACT**

**[Brief Description]{.underline}:** These rules implement section
251(f) of the Communications Act of 1934, as amended, which provides
state commissions with the ability to determine if a telephone company
is entitled to exemptions, suspensions or modifications of the
requirements of that section, and place the burden of proof upon the
telephone company to justify continued exemption from these
requirements. Additionally, these rules specifically identify the
subscriber line threshold for LEC eligibility for exemptions,
suspensions or modifications.

**[Need]{.underline}:** These rules ensure appropriate adjustments are
made for smaller incumbent LECs in order to avoid applying unduly
burdensome requirements.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.401 State authority.

51.403 Carriers eligible for suspension or modification under section
251(f)(2) of

the Act.

51.405 Burden of Proof.

**SUBPART \-- G -- RESALE**

**[Brief Description]{.underline}:** The subpart implements section
251(b)(1) and 251(c)(4) of the Communications Act of 1934, as amended,
which governs the terms and conditions under which LECs offer
telecommunications services to requesting telecommunications carriers
for resale.

**[Need]{.underline}:** Resale has been an important entry strategy both
in the short term for many new entrants as they build out their own
facilities and for small businesses that cannot afford to compete in the
local exchange market. These rules are designed to foster competition
and ensure that new entrants have access to the resale services and
ensure that they are offered on a reasonable and nondiscriminatory basis
as required by section 251(b)(1) and 251(c)(4).

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.601 Scope of Resale Rules.

51.603 Resale obligation of all local exchange carriers.

51.605 Additional obligations of incumbent local exchange carriers.

51.607 Wholesale pricing standard.

51.609 Determination of avoided retail costs.

51.611 Interim wholesale rates.

51.613 Restrictions on resale.

51.615 Withdrawal of services.

51.617 Assessment of end user common line charge on resellers.

**SUBPART I \-- PROCEDURES FOR IMPLEMENTATION OF SECTION 252 OF THE
ACT**

**[Brief Description]{.underline}:** This subpart establishes
regulations to carry out our obligations under section 252(e)(5), which
authorizes the Commission to preempt a state commission in any
proceeding or matter in which the state commission "fails to act to
carry out its responsibility" under section 252. Section 252 sets out
the procedures by which telecommunications carriers may request and
obtain interconnection, resale services or unbundled network elements
from an incumbent LEC.

**[Need]{.underline}:** These rules foster competition by allowing the
Commission to intervene if a state does not carry out its
responsibilities concerning interconnection, resale, or access to
unbundled network elements under section 252.

**[Legal Basis]{.underline}:** 47 U.S.C. 251, 252.

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

51.801 Commission action upon a state commission's failure to act to
carry out its responsibility under section 252 of the Act.

51.803 Procedures for Commission notification of a state commission's
failure to

act.

51.805 The Commission's authority over proceedings and matters.

51.807 Arbitration and mediation of agreements by the Commission
pursuant to section 252(e)(5) of the Act.

51.809 Availability of provisions of agreements to other
telecommunications

carriers under section 252(i) of the Act.

**PART 52 -- NUMBERING**

**SUBPART A \-- SCOPE AND AUTHORITY**

**[Brief Description]{.underline}:** These rules implement the
requirements of section 251(e) of the Communications Act of 1934, as
amended, which gives the Commission exclusive jurisdiction over those
portions of the North American Numbering Plan that pertain to the United
States.

**[Need]{.underline}:** The rules provide a framework for ensuring fair
and impartial access to numbering resources, which is a critical
component of encouraging a competitive telecommunications market in the
United States.

**[Legal Basis]{.underline}:** 47 U.S.C. 251.

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

52.1 Basis and purpose.

52.3 General.

52.5 Definitions.

**SUBPART B -- ADMINISTRATION**

**[Brief Description]{.underline}:** These rules implement the
requirements of section 251(e) of the Communications Act of 1934, as
amended, which gives the Commission exclusive jurisdiction over those
portions of the North American Numbering Plan that pertain to the United
States.

**[Need]{.underline}:** The rules provide a framework for ensuring fair
and impartial access to numbering resources, which is a critical
component of encouraging a competitive telecommunications market in the
United States.

**[Legal Basis]{.underline}:** 47 U.S.C. 251.

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

52.7 Definitions.

52.9 General requirements.

52.11 North American Numbering Council.

52.13 North American Numbering Plan Administrator.

52.15 Central office code administration.

52.17 Costs of number administration.

52.19 Area code relief.

**SUBPART C \-- NUMBER PORTABILITY**

**[Brief Description]{.underline}:** These rules implement the
requirements of section 251(b)(2) of the Communications Act of 1934, as
amended, which requires all LECs "to provide, to the extent technically
feasible, number portability in accordance with the requirements
prescribed by the Commission."

**[Need]{.underline}:** This subpart provides rules that are designed to
ensure that users of telecommunications services can retain, at the same
location, their existing telephone numbers when they switch from one
local exchange telecommunications carrier to another.

**[Legal Basis]{.underline}:** 47 U.S.C. 251.

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

52.21 Definitions.

52.23 Deployment of long-term database methods for number portability by
LECs.

52.25 Database architecture and administration.

52.27 Deployment of transitional measures for number portability.

52.29 Cost recovery for transitional measures for number portability.

52.31 Deployment of long-term database methods for number portability by
CMRS providers.

**PART 61 --- TARIFFS**

**Subpart c --- GENERAL RULES FOR NONDOMINANT 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}:** The rules in Subpart C apply to nondominant
carriers. Section 61.19(a) was adopted to require mandatory detariffing
of interstate, domestic, interexchange services.

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

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

61.19(a) Detariffing of international and interstate, domestic,
interexchange services.

**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 content requirements
for filing of applications for international common carriers.

**[Need]{.underline}**: Establishes proper procedure for submitting the
correct information to process applications to provide US international
telecommunications services.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 201--205,
218, 403, and 533.

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

63.18 Contents of applications for international common carriers.

**[Brief Description:]{.underline}** Establishes procedure for the
discontinuance of international service.

**[Need]{.underline}**: Establishes procedure to ensure that customers
of international carriers have adequate notice of discontinuation of
service to obtain service from alternative carriers.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 201--205,
218, 403, and 533.

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

63.19 Special procedures for discontinuances of international services.

**[Brief Description:]{.underline}** Establishes procedure for the
filing of applications for international common carriers, including fees
and filing periods associated with such applications.

**[Need]{.underline}**: Ensures that applications are complete and
establishes timeline for processing of applications.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 201--205,
218, 403, and 533.

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

63.20 Copies required; fees; and filing periods for international
service

providers.

**[Brief Description:]{.underline}** Establishes requirements and
prohibitions applicable to all US international common carriers.

**[Need]{.underline}**: Ensures that international common carriers are
on notice of all necessary filing requirements, requirements relating to
the confidential treatment of customer proprietary information, and
other requirements necessary to protect the interest of U.S. consumers
of international services.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154(i), 154(j), 201--205,
214, 218, 403, and 533.

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

63.21 Conditions applicable to all international Section 214
authorizations.

**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 Numbers and Title]{.underline}**:

64.604(a)(2) Operational Standards, Confidentiality and conversation
content.

64.604(c)(ii) Jurisdictional separation of costs, Cost Recovery.

64.604(c)(iii) Jurisdictional separation of costs, TRS Fund.

**SUBPART G \-- FURNISHING OF ENHANCED SERVICES AND CUSTOMER-PREMISES
EQUIPMENT BY COMMUNICATIONS COMMON CARRIERS; TELEPHONE OPERATOR
SERVICES**

**[Brief Description]{.underline}:** This rule requires that each
payphone clearly indicate the local coin rate within the informational
placard on each payphone.

**[Need]{.underline}:** This rule ensures that consumers have the
information in every instance about the price of the calls they make
from payphones.

**[Legal Basis]{.underline}:** 47 U.S.C. 276.

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

64.703(b)(3) Consumer information.

**SUBPART M \-- PROVISION OF PAYPHONE SERVICE**

**[Brief Description]{.underline}:** This subpart implements section 276
of the Communications Act of 1934, as amended, concerning the provision
of payphone service. These rules ensure that payphone providers are
fairly compensated for each and every completed payphone originated
call, establish a default per-call rate, and give payphone providers the
right to negotiate with location providers. These rules require states
to review and remove regulations that impose payphone market entry and
exit requirements and ensure that all payphones provide free access to
dialtone, emergency calls, and telecommunications relay service calls
for the hearing disabled.

**[Need]{.underline}:** This subpart encourages competition in the
payphone industry and promotes the deployment of payphone services as
directed by section 276 of the Communications Act.

**[Legal Basis]{.underline}:** 47 U.S.C. 276.

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

64.1300 Payphone compensation obligation.

64.1310 Payphone compensation procedures.

64.1320 Payphone call tracking system audits.

64.1330 State review of payphone entry and exit regulations and public
interest

payphones.

64.1340 Right to negotiate.

**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 Numbers and Titles]{.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 Q \-- IMPLEMENTATION OF SECTION 273(d)(5) OF THE
COMMUNICATIONS ACT: DISPUTE RESOLUTION REGARDING EQUIPMENT STANDARDS**

**[Brief Description]{.underline}:** These rules implement section
273(d) of the Communications Act of 1934, as amended by setting forth
procedures to be followed when organizations set industry-wide standards
for telecommunications equipment or customer premises equipment. These
rules establish a default dispute resolution process to be used when
technical disputes arise between a non-accredited standards development
organization (NASDO) and any party who funds the activities of the
NASDO.

**[Need]{.underline}:** As intended by Congress, these rules ensure that
disputes can be resolved in an open, non-discriminatory, and unbiased
fashion and that these dispute resolution procedures will be used only
when all of the parties are unable to agree on a process for resolving
their disputes.

**[Legal Basis]{.underline}:** 47 U.S.C. 273.

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

64.1700 Purpose and scope.

64.1701 Definitions.

64.1702 Procedures.

64.1703 Dispute resolution default process.

64.1704 Frivolous disputes/penalties.

**Subpart R --- GEOGRAPHIC RATE AVERAGING AND RATE INTEGRATION**

**[Brief Description]{.underline}:** Part 64, subpart R implements
section 254(g) of the Communications Act of 1934, as amended (Act),
which requires the Commission to adopt rules requiring providers of
interexchange telecommunications services to charge subscribers
geographically averaged and integrated rates.

**[Need]{.underline}:** Section 64.1801 was adopted to enable the
Commission to meet its duty, in compliance with section 254(g) of the
Act, to adopt rules requiring providers of interexchange
telecommunications services to charge subscribers geographically
averaged and integrated rates.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154(i), 201-205, 214(e),
215, 254(g).

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

64.1801 Geographic rate averaging and rate integration.

**Subpart S --- nONDOMINANT INTEREXCHANGE CARRIER CERTIFICATIONS
REGARDING GEOGRAPHIC RATE AVERAGING AND RATE INTEGRATION REQUIREMENTS**

**[Brief Description]{.underline}:** Part 64, subpart S facilitates
Commission oversight and enforcement of section 254(g) of the
Communications Act of 1934, as amended (Act), which requires providers
of interexchange telecommunications services to charge subscribers
geographically averaged and integrated rates.

**[Need]{.underline}:** Section 64.1900 requires each nondominant
provider of interexchange telecommunications service that provides
detariffed interstate, domestic, interexchange services to file an
annual certification with the Commission that it is in compliance with
the geographic rate averaging and rate integration requirements of
section 254(g) of the Act. This rule was adopted to enable the
Commission to meet its statutory duty of ensuring that rates for these
services comply with section 254(g) and to investigate and resolve
related complaints.

**[Legal Basis]{.underline}:** 47 U.S.C. 154, 201, 218, 226, 228, 254.

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

64.1900 Nondominant interexchange carrier certifications regarding
geographic

rate averaging and rate integration requirements.

**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 C -- TERMINAL EQUIPMENT APPROVAL PROCEDURES**

**[Brief Description]{.underline}:** Part 68 governs the connection of
terminal equipment (TE), *[e.g.]{.underline},* telephones, fax machines,
and computer modems, to the Public Switched Telephone Network (PSTN) and
to wireline carrier-provided private lines. Part 68 requires responsible
parties, as defined in Section 68.3, to have their TE formally approved
for such connection. Subpart C identifies the processes for obtaining TE
approvals, and for the Commission revoking them.

**[Need]{.underline}:** The rules set forth the grounds and process for
revoking TE approval.

**[Legal Basis]{.underline}**: 47 U.S.C. 151, 154, 155, 201-205, 218,
220, 313, 403, 412.

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

68.211 Terminal equipment approval revocation procedures.

**PART 73 -- RADIO BROADCAST SERVICES**

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

**[Brief Description]{.underline}:** This rule requires applications for
a construction permit, or modification of a construction permit, for a
new facility or change in an existing facility, for any AM, FM, TV and
Class A TV broadcast service, to include the Antenna Structure
Registration Number.

**[Need]{.underline}:** This rule ensures the antenna structures are
registered prior to staff consideration of the construction permit or
license application.

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

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

73.3533(c) Application for construction permit or modification of
construction permit.

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

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

**[Brief Description]{.underline}:** This rule generally prohibits a
local exchange carrier (\"LEC\") or its affiliate from acquiring a cable
company within the LEC\'s telephone service area, and prohibits a cable
company or its affiliate from acquiring a LEC within the cable
company\'s franchise area.

**[Need]{.underline}:** This rules implements Section 302(a) of the
Telecommunications Act of 1996, which created a new Section 652 of the
Communications Act.

**[Legal Basis]{.underline}**: 47 U.S.C. 572.

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

76.505 Prohibition on buy outs.

**SUBPART N -- CABLE RATE REGULATION**

**[Brief Description]{.underline}:** This rule provides an additional
prong to the definition of cable systems subject to effective
competition.

**[Need]{.underline}:** This rules implements Section 303(b)(3) of the
Telecommunications Act of 1996, which was codified at 623(1)(l)(D) of
the Communications Act.

**[Legal Basis]{.underline}**: 47 U.S.C. 543.

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

76.905 Standards for identification of cable systems subject to
effective competition.

**SUBPART R -- TELECOMMUNICATIONS ACT IMPLEMENTATION**

**[Brief Description]{.underline}:** These rules provide interim
procedures for administering certain aspects of cable regulation. These
rules are interim because the Commission has solicited comment regarding
the specific matters addressed in these rules and may modify their
operation when they are promulgated in final form.

**[Need]{.underline}:** These rules implement Section 301(b) of the
Telecommunications Act of 1996.

**[Legal Basis]{.underline}**: 47 U.S.C. 543.

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

76.1400 Purpose.

76.1402 CPST rate complaints.

76.1404 Use of cable facilities by local exchange carriers.

**SUBPART S -- OPEN VIDEO SYSTEMS**

**[Brief Description]{.underline}:** These rules establish the framework
for entry into the video programming delivery marketplace as an open
video system operator. The open video framework provides an option for
the distribution of video programming other than as a cable system
governed by the provisions of Title VI. A service provider certified as
an operator of an open video system is subject to streamlined regulation
under Title VI.

**[Need]{.underline}:** These rules implement Section 302(a) of the
Telecommunications Act of 1996.

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

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

76.1500 Definitions.

76.1501 Qualifications to be an open video system operator.

76.1502 Certification.

76.1503 Carriage of video programming providers on open video systems.

76.1504 Rates, terms and condition of carriage on open video systems.

76.1505 Public, educational and governmental access.

76.1506 Carriage of television broadcast signals.

76.1507 Competitive access to satellite cable programming.

76.1508 Network non-duplication.

76.1509 Syndicated program exclusivity.

76.1510 Application of certain Title VI provisions.

76.1511 Fees.

76.1512 Programming information.

76.1513 Open video dispute resolution.

76.1514 Bundling of video and local exchange services.

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

**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 rules governing
the licensing and operations of all systems operating in the 220-222 MHz
band. Among other things, it sets forth policies governing the
construction and modification of 220-222 MHz stations.

**[Need]{.underline}:** These rules are needed to provide 220-222 MHz
licensees with flexibility to modify their authorized facilities, and to
provide a safeguard against the warehousing of 220-222 MHz spectrum.

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

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

90.751 Minor modifications of Phase I, non-nationwide licenses.

90.753 Conditions of license modification.

90.757 Construction requirements.

**SUBPART V -- COMPETITIVE BIDDING PROCEDURES FOR 800 MHz SPECIALIZED
MOBILE 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 V sets forth the rules governing
the use of competitive bidding to choose among mutually exclusive 800
MHz SMR applicants.

**[Need]{.underline}:** These rules are needed to provide a framework
for auctions.

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

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

90.901 800 MHz SMR spectrum subject to competitive bidding.

90.903 Competitive bidding mechanisms.

90.904 Aggregation of EA licenses.

90.909 License grants.

90.910 Bidding credits.

90.911 Partitioned licenses and disaggregated spectrum.

90.912 Definitions.

90.913 Record maintenance and definitions.

**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}:** These rules provide a radio service to meet the
needs of families and other small groups for a good quality voice radio
communication service having a very short range. The Family Radio
Service provides group members with the ability to use palm size radio
units to communicate while on outings, such as visiting shopping malls
and amusement parks, attending sporting events, camping, and taking part
in other recreational activities. These rules also impose limitations on
the use of the Family Radio Service, including specification of
permissible communications.

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

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

95.191 (FRS Rule 1) Eligibility and responsibility.

95.192 (FRS Rule 2) Authorized locations.

95.193 (FRS Rule 3) Types of communications.

95.194 (FRS Rule 4) FRS units.

**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.

**[Need]{.underline}:** These rules provide a regulatory framework
accommodating, for example, auditory assistance devices, health care
assistance devices, and law enforcement tracking systems. These rules
also impose limitations on the use of the Low Power Radio Service,
including specification of permissible communications.

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

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

95.1001 Eligibility.

95.1003 Authorized locations.

95.1005 Station identification.

95.1007 Station inspection.

95.1009 Permissible communications.

95.1011 Channel use policy.

95.1015 Disclosure policies.

95.1017 Labeling requirements.

95.1019 Marketing limitations.

**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
rights and obligations of licensees in those portions of the band that
have been reallocated from fixed microwave services to other services.

**[Legal Basis]{.underline}:** 47 U.S.C. 151, 154(i), 157(a), 301,
303(f), 303(g), 303(r), 307, 316.

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

101.71 Voluntary negotiations.

101.73 Mandatory negotiations.

101.75 Involuntary relocation procedures.

101.77 Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and
2160-2200 MHz bands.

101.79 Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150
MHz, and 2160-2200 MHz bands.

101.81 Future licensing 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
fixed microwave services. Subpart C sets forth the technical
requirements for such services.

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

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

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

101.151 Use of signal boosters.