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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 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  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 rescinded,  consistent  with  the  stated  objectives  of  section  610  of  the  RFA,  to  minimize  any  significant  economic  impact  of  such  rules  upon  a 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. 
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 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:  Establishes  procedure  for  filing  of  applications  for  undersea  cable  landing  licenses. 
 Need:  Establishes  proper  procedure  for  submitting  the  correct  information  to  comply  with  requirements  for  the  licensing  of  undersea  cable  landing  stations. 
 Legal  Basis:  47  U.  S.  C.  34  39  and  Executive  Order  No.  10530,  dated  May  10,  1954. 
 Section  Number  and  Title:  1.767(  e),  (f)  Cable  landing  licenses. 


 SUBPART  G    SCHEDULE  OF  STATUTORY  CHARGES  AND  PROCEDURES  FOR  PAYMENT 
 Brief  Description:  Schedule  of  charges  for  applications. 
 Need:  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:  47  U.  S.  C.  158(  b). 
 Section  Number  and  Title:  1.113(  d)  Return  or  refund  of  charges. 


 Brief  Description:  Petitions  and  applications  for  review. 
 Need:  These  rules  describe  how  fees  may  be  waived  or  deferred  for  good  cause,  or  if  would  promote  the  public  interest. 


 Legal  Basis:  47  U.  S.  C.  158(  d)(  1). 
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 Section  Number  and  Title:  1.1117(  f)  Petitions  and  applications  for  review. 
 Brief  Description:  Schedule  of  annual  regulatory  fees  and  filing  locations. 
 Need:  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:  47  U.  S.  C.  159(  a). 
 Section  Number  and  Title:  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:  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  Commissions  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:  The  purpose  of  the  regulation  is  to  preempt  regulation  by  a  state  or  local  government  (or  instrumentality  thereof)  regarding  this  subject. 


 Legal  Basis:  47  U.  S.  C.  154,  303,  332(  c)(  7). 
 Section  Number  and  Title:  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:  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  manufacturers  or  suppliers  declaration  that  the  computer  product 
 conforms  with  all  FCC  requirements. 
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 Need:  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  FCCs  equipment  authorization  requirements  for  personal  computers 
 with  those  used  in  other  parts  of  the  world. 
 Legal  Basis:  47  U.  S.  C.  154,  302,  303,  307. 
 Section  Number  and  Title:  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:  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  manufacturers  or  suppliers  declaration  that  the  computer  product  conforms  with  all  FCC  requirements. 


 Need:  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  FCCs  equipment  authorization  requirements  for  personal  computers 
 with  those  used  in  other  parts  of  the  world. 
 Legal  Basis:  47  U.  S.  C.  154,  302,  303,  304,  307. 
 Section  Number  and  Title:  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. 
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 SUBPART  B  UNINTENTIONAL  RADIATORS 
 Brief  Description:  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  manufacturers  or  suppliers  declaration  that  the  computer  product  conforms  with  all  FCC  requirements. 


 Need:  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  FCCs  equipment  authorization  requirements  for  personal  computers 
 with  those  used  in  other  parts  of  the  world. 
 Legal  Basis:  47  U.  S.  C.  154,  302,  303,  304,  307. 
 Section  Number  and  Title:  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:  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:  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:  47  U.  S.  C.  154,  303.  Interpret  or  apply  47  U.  S.  C.  301,  309. 
 Section  Number  and  Title:  17.2(  c)  Antenna  Structure  Owner. 
 17.2(  d)  Antenna  structure  registration  number.  17.5  Commission  consideration  of  applications  for  station  authorization. 
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 17.6  Responsibility  of  Commission  licensees  and  permittees. 
 SUBPART  C    SPECIFICATIONS  FOR  OBSTRUCTION  MARKING  AND  LIGHTING  OF  ANTENNA  STRUCTIONS 
 Brief  Description:  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:  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  lights  return  to  functionality.  Documentation  of  correction  of  the  problem  (and  compliance  with  the  rules)  promotes  the  safety  of  air  navigation. 


 Legal  Basis:  47  U.  S.  C.  154,  303.  Interpret  or  apply  47  U.  S.  C.  301,  309. 
 Section  Number  and  Title:  17.49(  d)  Recording  of  antenna  structure  light  inspections  in  the  owner  record. 


 PART  20    COMMERCIAL  MOBILE  RADIO  SERVICES 
 Brief  Description:  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:  To  ensure  that  carriers,  particularly  new  entrants  and  small  entities,  can  interconnect  on  reasonable  terms. 


 Legal  Basis:  47  U.  S.  C.  154,  160,  201,  251-  254,  303,  and  332. 
 Section  Number  and  Title:  20.11(  c)  Interconnection  to  facilities  of  local  exchange  carriers. 


 PART  23  INTERNATIONAL  FIXED  PUBLIC  RADIOCOMMUNICATION  SERVICES 
 Brief  Description:  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:  Establishes  proper  procedure  for  submitting  the  correct  information  to  establish  compliance  with  Federal  Aviation  Administration  antenna  requirements. 


 Legal  Basis:  47  U.  S.  C.  154,  303.  Interprets  or  applies  47  U.  S.  C.  301. 
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 Section  Number  and  Title:  23.28(  c)  Special  temporary  authorization. 
 PART  24    PERSONAL  COMMUNICATIONS  SERVICES 
 SUBPART  C    TECHNICAL  STANDARDS 
 Brief  Description:  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:  The  identified  rule  is  needed  to  increase  air  navigation  safety  by  assigning  responsibility  for  registering,  maintaining,  and  marking  and  lighting  antenna  structures. 
 Legal  Basis:  47  U.  S.  C.  154(  i),  154(  j),  and  303(  r). 
 Section  Number  and  Title:  24.55  Antenna  structures;  air  navigation  safety. 


 PART  25  SATELLITE  COMMUNICATIONS 
 SUBPART  A  GENERAL 
 Brief  Description:  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:  Preempts  restrictions  impairing  reception  of  direct  broadcast  satellite  services. 
 Legal  Basis:  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  701-  744,  554. 
 Section  Number  and  Title:  25.104(  f)  Preemption  of  local  zoning  of  earth  stations. 


 SUBPART  B  APPLICATIONS  AND  LICENSES 
 Brief  Description:  Establishes  antenna  painting  and  lighting  and  antenna  structure  requirements. 


 Need:  Compliance  with  Federal  Aviation  Administration  antenna  requirements. 
 Legal  Basis:  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  701-  744,  554. 
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 Section  Number  and  Title:  25.113(  d),  (e)  Construction  permits,  station  licenses,  launch  authority. 
 Brief  Description:  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:  Establishes  proper  procedure  for  submitting  the  correct  information  to  establish  compliance  with  Federal  Aviation  Administration  antenna  requirements. 


 Legal  Basis:  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  701-  744,  554. 
 Section  Number  and  Title:  25.120(  c)  Application  for  special  temporary  authorization. 


 Brief  Description:  Establishes  procedure  for  filing  of  applications  for  transmitting  earth  station  antennas  where  compliance  with  Federal  Aviation  Administration  requirements  may  be  required. 
 Need:  Establishes  proper  procedure  for  submitting  the  correct  information  to  establish  compliance  with  Federal  Aviation  Administration  antenna  requirements. 
 Legal  Basis:  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  701-  744,  554. 
 Section  Number  and  Title:  25.130(  e)  Filing  requirements  for  transmitting  earth  stations. 


 Brief  Description:  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:  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:  47  U.  S.  C.  701  744;  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  303. 
 Section  Number  and  Title:  25.143(  h)  Licensing  provisions  for  the  1.6/  2.4  GHz  mobile-  satellite  service  and  2 
 GHz  mobile-  satellite  service. 
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 SUBPART  C  TECHNICAL  STANDARDS 
 Brief  Description:  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:  Provides  space  station  and  earth  station  operators  with  standards  and  operating  procedures  to  minimize  interference. 


 Legal  Basis:  47  U.  S.  C.  701  744;  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  303. 
 Section  Number  and  Title:  25.203(  h)  Choice  of  sites  and  frequencies. 


 Brief  Description:  Establishes  technical  standards  for  operation  of  fixed  satellite  service  earth  stations  operating  in  the  13.75-  14  GHz  frequency  band. 
 Need:  Provides  space  station  and  earth  station  operators  with  standards  and  operating  procedures  to  minimize  interference. 
 Legal  Basis:  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  701-  744,  554. 
 Section  Number  and  Title:  25.204(  f)  Power  Limits. 


 Brief  Description:  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:  Provides  space  station  and  earth  station  operators  with  standards  and  operating  procedures  to  minimize  interference. 


 Legal  Basis:  47  U.  S.  C.  701  744;  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  303. 
 Section  Number  and  Title:  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:  Establishes  technical  standards  operations  in  the  band  29.1  29.25  GHz  For  non-  geostationary  mobile  satellite  service  operators. 
 Need:  Provides  space  station  and  earth  station  operators  with  standards  and  operating  procedures  to  minimize  interference  with  respect  to  the  local  multipoint  distribution  service. 
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 Legal  Basis:  47  U.  S.  C.  701  744;  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  303. 
 Section  Number  and  Title:  25.257  Special  requirements  for  operations  in  the  band  29.1  29.25  GHz  between 
 NGSO  MSS  and  LMDS. 


 Brief  Description:  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:  Provides  space  station  and  earth  station  operators  with  standards  and  operating  procedures  to  minimize  interference. 


 Legal  Basis:  47  U.  S.  C.  701  744;  47  U.  S.  C.  154.  Interprets  or  applies  47  U.  S.  C.  303. 
 Section  Number  and  Title:  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:  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:  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:  47  U.  S.  C.  154(  i),  219,  220. 
 Section  Number  and  Title: 
 42.11  Retention  of  information  concerning  detariffed  interexchange  services. 
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 PART  43    REPORTS  OF  COMMUNICATION  COMMON  CARRIERS  AND  CERTAIN  AFFILIATES 
 Brief  Description:  These  rules  require  common  carriers  to  report  transactions  with  affiliates  and  to  allocate  operating  revenues  between  regulated  and  unregulated  activities. 


 Need:  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:  47  U.  S.  C.  154. 
 Section  Numbers  and  Title:  43.21(  f)  Transactions  with  affiliates. 


 Brief  Description:  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:  Provides  data  that  enables  the  Commission  to  assess  compliance  with  the  Commissions  international  settlements  policy  and  to  assess  industry  use  of  international  transmission  facilities. 


 Legal  Basis:  47  U.  S.  C.  154,  211,  219,  and  220. 
 Section  Number  and  Title:  43.51(  d)  Contracts  and  concessions. 


 PART  51    INTERCONNECTION 
 SUBPART  A  --  GENERAL  INFORMATION 
 Brief  Description:  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:  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:  47  U.  S.  C.  251,  252. 
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 Section  Number  and  Title:  51.1  Basis  and  purpose. 
 51.3  Applicability  to  negotiated  agreements.  51.5  Terms  and  definitions. 


 SUBPART  B  --  TELECOMMUNICATIONS  CARRIERS 
 Brief  Description:  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:  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:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  51.100  General  duty. 


 SUBPART  C  --  OBLIGATIONS  OF  ALL  LOCAL  EXCHANGE  CARRIERS 
 Brief  Description:  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:  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:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  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. 
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 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:  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  Commissions  network  change  disclosure  rules. 


 Need:  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  incumbents  network. 


 Legal  Basis:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  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. 
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 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:  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:  These  rules  ensure  appropriate  adjustments  are  made  for  smaller  incumbent  LECs  in  order  to  avoid  applying  unduly  burdensome  requirements. 
 Legal  Basis:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  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:  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:  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:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  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. 
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 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:  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:  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:  47  U.  S.  C.  251,  252. 
 Section  Number  and  Title:  51.801  Commission  action  upon  a  state  commissions  failure  to  act  to  carry  out  its 
 responsibility  under  section  252  of  the  Act.  51.803  Procedures  for  Commission  notification  of  a  state  commissions  failure  to 
 act.  51.805  The  Commissions  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:  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:  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:  47  U.  S.  C.  251. 
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 Section  Numbers  and  Titles:  52.1  Basis  and  purpose. 
 52.3  General.  52.5  Definitions. 


 SUBPART  B    ADMINISTRATION 
 Brief  Description:  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:  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:  47  U.  S.  C.  251. 
 Section  Numbers  and  Titles:  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:  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:  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:  47  U.  S.  C.  251. 
 Section  Numbers  and  Titles:  52.21  Definitions. 
 52.23  Deployment  of  long-  term  database  methods  for  number  portability  by  LECs. 
 52.25  Database  architecture  and  administration. 
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 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:  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:  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:  47  U.  S.  C.  151,  154(  i),  154(  j),  201-  205,  403. 
 Section  Number  and  Title:  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:  Establishes  content  requirements  for  filing  of  applications  for  international  common  carriers. 
 Need:  Establishes  proper  procedure  for  submitting  the  correct  information  to  process  applications  to  provide  US  international  telecommunications  services. 
 Legal  Basis:  47  U.  S.  C.  151,  154(  i),  154(  j),  201  205,  218,  403,  and  533. 
 Section  Number  and  Title:  63.18  Contents  of  applications  for  international  common  carriers. 


 Brief  Description:  Establishes  procedure  for  the  discontinuance  of  international  service. 
 Need:  Establishes  procedure  to  ensure  that  customers  of  international  carriers  have  adequate  notice  of  discontinuation  of  service  to  obtain  service  from  alternative  carriers. 
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 Legal  Basis:  47  U.  S.  C.  151,  154(  i),  154(  j),  201  205,  218,  403,  and  533. 
 Section  Number  and  Title:  63.19  Special  procedures  for  discontinuances  of  international  services. 


 Brief  Description:  Establishes  procedure  for  the  filing  of  applications  for  international  common  carriers,  including  fees  and  filing  periods  associated  with  such  applications. 
 Need:  Ensures  that  applications  are  complete  and  establishes  timeline  for  processing  of  applications. 
 Legal  Basis:  47  U.  S.  C.  151,  154(  i),  154(  j),  201  205,  218,  403,  and  533. 
 Section  Number  and  Title:  63.20  Copies  required;  fees;  and  filing  periods  for  international  service 
 providers. 


 Brief  Description:  Establishes  requirements  and  prohibitions  applicable  to  all  US  international  common  carriers. 
 Need:  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:  47  U.  S.  C.  151,  154(  i),  154(  j),  201  205,  214,  218,  403,  and  533. 
 Section  Number  and  Title:  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:  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 
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 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:  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:  47  U.  S.  C.  225. 
 Section  Numbers  and  Title:  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:  This  rule  requires  that  each  payphone  clearly  indicate  the  local  coin  rate  within  the  informational  placard  on  each  payphone. 


 Need:  This  rule  ensures  that  consumers  have  the  information  in  every  instance  about  the  price  of  the  calls  they  make  from  payphones. 
 Legal  Basis:  47  U.  S.  C.  276. 
 Section  Number  and  Title:  64.703(  b)(  3)  Consumer  information. 


 SUBPART  M  --  PROVISION  OF  PAYPHONE  SERVICE 
 Brief  Description:  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. 
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 Need:  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:  47  U.  S.  C.  276. 
 Section  Number  and  Title:  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:  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:  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:  47  U.  S.  C.  228. 
 Section  Numbers  and  Titles:  64.1501  Definitions. 
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 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:  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:  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:  47  U.  S.  C.  273. 
 Section  Number  and  Title:  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:  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 
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 interexchange  telecommunications  services  to  charge  subscribers  geographically  averaged  and  integrated  rates. 
 Need:  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:  47  U.  S.  C.  151,  154(  i),  201-  205,  214(  e),  215,  254(  g). 
 Section  Number  and  Title:  64.1801  Geographic  rate  averaging  and  rate  integration. 


 SUBPART  S    NONDOMINANT  INTEREXCHANGE  CARRIER  CERTIFICATIONS  REGARDING  GEOGRAPHIC  RATE  AVERAGING  AND  RATE  INTEGRATION 
 REQUIREMENTS 
 Brief  Description:  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:  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:  47  U.  S.  C.  154,  201,  218,  226,  228,  254. 
 Section  Number  and  Title:  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:  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. 
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 Need:  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:  47  U.  S.  C.  151-  154,  201-  205,  303(  r)  &  610. 
 Section  Number  and  Title:  68.3  Definitions. 


 SUBPART  C    TERMINAL  EQUIPMENT  APPROVAL  PROCEDURES 
 Brief  Description:  Part  68  governs  the  connection  of  terminal  equipment  (TE),  e.  g.,  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:  The  rules  set  forth  the  grounds  and  process  for  revoking  TE  approval. 
 Legal  Basis:  47  U.  S.  C.  151,  154,  155,  201-  205,  218,  220,  313,  403,  412. 


 Section  Numbers  and  Title:  68.211  Terminal  equipment  approval  revocation  procedures. 


 PART  73    RADIO  BROADCAST  SERVICES 
 SUBPART  H    RULES  APPLICABLE  TO  ALL  BROADCAST  STATIONS 
 Brief  Description:  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:  This  rule  ensures  the  antenna  structures  are  registered  prior  to  staff  consideration  of  the  construction  permit  or  license  application. 


 Legal  Basis:  47  U.  S.  C.  154. 
 Section  Number  and  Title:  73.3533(  c)  Application  for  construction  permit  or  modification  of  construction 
 permit. 
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 PART  76    MULTICHANNEL  VIDEO  AND  CABLE  TELEVISION  SERVICE 
 SUBPART  J    OWNERSHIP  OF  CABLE  SYSTEMS 
 Brief  Description:  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:  This  rules  implements  Section  302(  a)  of  the  Telecommunications  Act  of  1996,  which 
 created  a  new  Section  652  of  the  Communications  Act. 
 Legal  Basis:  47  U.  S.  C.  572. 
 Section  Number  and  Title:  76.505  Prohibition  on  buy  outs. 


 SUBPART  N    CABLE  RATE  REGULATION 
 Brief  Description:  This  rule  provides  an  additional  prong  to  the  definition  of  cable  systems  subject  to  effective  competition. 


 Need:  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:  47  U.  S.  C.  543. 
 Section  Number  and  Title:  76.905  Standards  for  identification  of  cable  systems  subject  to  effective 
 competition. 


 SUBPART  R    TELECOMMUNICATIONS  ACT  IMPLEMENTATION 
 Brief  Description:  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:  These  rules  implement  Section  301(  b)  of  the  Telecommunications  Act  of  1996. 
 Legal  Basis:  47  U.  S.  C.  543. 
 Section  Number  and  Title:  76.1400  Purpose. 
 76.1402  CPST  rate  complaints.  76.1404  Use  of  cable  facilities  by  local  exchange  carriers. 
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 SUBPART  S    OPEN  VIDEO  SYSTEMS 
 Brief  Description:  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:  These  rules  implement  Section  302(  a)  of  the  Telecommunications  Act  of  1996. 
 Legal  Basis:  47  U.  S.  C.  154(  i),  154(  j),  303(  r)  and  573. 
 Section  Number  and  Title:  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:  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:  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. 
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 Legal  Basis:  47  U.  S.  C.  154(  i),  161,  303(  g),  303(  r),  332(  c)(  7). 
 Section  Number  and  Title:  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:  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:  These  rules  are  needed  to  provide  a  framework  for  auctions. 
 Legal  Basis:  47  U.  S.  C.  154(  i),  161,  303(  g),  303(  r),  332(  c)(  7). 
 Section  Number  and  Title:  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:  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:  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 
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 impose  limitations  on  the  use  of  the  Family  Radio  Service,  including  specification  of  permissible  communications. 
 Legal  Basis:  47  U.  S.  C.  154,  303. 
 Section  Number  and  Title:  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:  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:  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:  47  U.  S.  C.  154,  303. 
 Section  Number  and  Title:  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:  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 
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 sets  forth  the  rules  governing  the  licensing  and  operations  of  those  fixed  microwave  operations  subject  to  part  101. 
 Need:  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:  47  U.  S.  C.  151,  154(  i),  157(  a),  301,  303(  f),  303(  g),  303(  r),  307,  316. 
 Section  Number  and  Title:  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:  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:  The  identified  rule  is  necessary  to  promote  efficient  utilization  of  the  spectrum  allocated  for  fixed  microwave  services. 


 Legal  Basis:  47  U.  S.  C.  154,  303. 
 Section  Number  and  Title:  101.151  Use  of  signal  boosters. 
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