Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 14871 

distributor attempted in good faith to 

resolve the dispute with the 

complainant. 

(3) The Commission will review all 

relevant information provided by the 

complainant and the video 

programming distributor and will 

request additional information from 

either or both parties when needed for 

a full resolution of the complaint. 

(i) The Commission may rely on 

certifications from programming 

suppliers, including programming 

producers, programming owners, 

networks, syndicators and other 

distributors, to demonstrate compliance. 

The Commission will not hold the video 

programming distributor responsible for 

situations where a program source 

falsely certifies that programming that it 

delivered to the video programming 

distributor meets our video description 

requirements if the video programming 

distributor is unaware that the 

certification is false. Appropriate action 

may be taken with respect to deliberate 

falsifications. 

(ii) If the Commission finds that a 

video programming distributor has 

violated the video description 

requirements of this section, it may 

impose penalties, including a 

requirement that the video programming 

distributor deliver video programming 

containing video description in excess 

of its requirements. 

(f) Private rights of action are 

prohibited. Nothing in this section shall 

be construed to authorize any private 

right of action to enforce any 

requirement of this section. The 

Commission shall have exclusive 

jurisdiction with respect to any 

complaint under this section. 

[FR Doc. 2011–6240 Filed 3–17–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[DA 11–412] 

Possible Revision or Elimination of 

Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Review of regulations; 

comments requested. 

SUMMARY: This document invites 

members of the public to comment on 

the Federal Communication 

Commission’s (FCC’s or Commission’s) 

rules to be reviewed pursuant to section 

610 of the Regulatory Flexibility Act of 

1980, as amended (RFA). The purpose 

of the review is to determine whether 

Commission rules whose ten-year 

anniversary dates are in the year 2009, 

as contained in the Appendix, should be 

continued without change, amended, or 

rescinded in order to minimize any 

significant impact the rules may have on 

a substantial number of small entities. 

Upon receipt of comments from the 

public, the Commission will evaluate 

those comments and consider whether 

action should be taken to rescind or 

amend the relevant rule(s). 

DATES: Comments may be filed on or 

before May 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sharon K. Stewart, Chief of Staff, Office 

of Communications Business 

Opportunities (OCBO), Federal 

Communications Commission, (202) 

418–0990. People with disabilities may 

contact the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. 

SUPPLEMENTARY INFORMATION: Each year 

the Commission will publish a list of 

ten-year old rules for review and 

comment by interested parties pursuant 

to the requirements of section 610 of the 

RFA. 

Public Notice 

FCC Seeks Comment Regarding Possible 

Revision or Elimination of Rules Under 

the Regulatory Flexibility Act, 5 U.S.C. 

610 

CB Docket No. 09–229 

Released: 

1. Pursuant to the Regulatory 

Flexibility Act (RFA), see 5 U.S.C. 610, 

the FCC hereby publishes a plan for the 

review of rules adopted by the agency 

in calendar year 1999 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 objective 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 in a manner 

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 (proceeding) and 

‘‘DA’’ 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, 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. 

Again, please include the docket 

(proceeding) and ‘‘DA’’ 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. All 

hand-delivered or messenger-delivered 

paper filings for the Commission’s 

Secretary must be delivered to FCC 

Headquarters at 445 12th St., SW., Room 

TW–A325, Washington, DC 20554. 

Again, please include the docket 

(proceeding) and ‘‘DA’’ number. 

The filing hours at this location are 

8 a.m. to 7 p.m. 


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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, DC 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. To request materials 

in accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e-mail to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

For information on the requirements 

of the RFA, the public may contact 

Carolyn Fleming Williams, Senior 

Deputy Director, Office of 

Communications Business 

Opportunities, 202–418–0990 or visit 

http://www.fcc.gov/ocbo. 

Federal Communications Commission. 

Thomas A. Reed, 

Director, Office of Communications Business 

Opportunities. 

Appendix 

List of rules for review pursuant to the 

Regulatory Flexibility Act of 1980, 5 U.S.C. 

610, for the ten-year period beginning in the 

year 1999 and ending in the year 2009. 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: The rules in Part 1, 

Subpart E, prescribe the procedures, format, 

and content of complaints, applications, 

tariffs, and reports involving common 

carriers. Section 1.774 sets forth procedures 

for petitions for pricing flexibility. This rule 

establishes the content of such petitions and 

sets forth the procedures for opposing such 

petitions and for requesting confidentiality. 

The rule also establishes the time period after 

which various petitions will be deemed 

granted if the Commission has not denied the 

petition. 

Need: Section 1.774 was adopted to 

establish procedures to implement the 

Commission’s pricing flexibility framework 

by ensuring that the Commission’s 

regulations did not interfere with the 

operation of competitive markets by 

removing services from price cap regulation 

as competition develops. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

155, 225 and 303(r). 

Section Number and Title: 

1.774 Pricing flexibility. 

Subpart F—Wireless Radio Services 

Applications and Proceedings 

Brief Description: Part 1 contains rules 

pertaining to Commission practices and 

procedures. Subpart F sets forth the rules 

governing the authorization and licensing of 

Wireless Radio Services. 

Need: These rules are needed to set forth 

the general application process and licensing 

rules for the Wireless Radio Services, 

including requirements for submitting 

applications that specify a mailing address 

for receiving service and correspondence and 

coordinating the assignment of frequencies 

near the Canada-United States borders. 

Legal Basis: 47 U.S.C. 154, 161, 303 and 

332. 

Section Number and Title: 

1.923(i) Content of applications. 

1.928 Frequency coordination, Canada. 

Subpart Z—Communications 

Assistance for Law Enforcement Act 

[CALEA] 

Brief Description: Part 1 contains rules 

pertaining to Commission practices and 

procedures. Subpart Z specifies that all 

carriers subject to CALEA must comply with 

the assistance capability requirements of 

CALEA section 103 and the systems security 

and integrity requirements of CALEA section 

105, and also lists the specific capability 

requirements pertaining to cellular, PCS, and 

wireline carriers. This subpart contains inter 

alia, rules that require a telecommunications 

carrier to ensure that any interception of 

communications or access to call-identifying 

information effected within its switching 

premises can be activated only in accordance 

with appropriate legal authorization, 

appropriate carrier authorization, and with 

the affirmative intervention of an individual 

officer or employee of the carrier acting in 

accordance with regulations prescribed by 

the Commission. 

Need: These rules implement provisions of 

the Communications Assistance for Law 

Enforcement Act (CALEA), Public Law 103– 

414, 108 Stat. 4279 (1994) (codified as 

amended in sections of 18 U.S.C. and 47 

U.S.C.). In 1999 the CALEA rules were added 

to Parts 22, 24 and 64. In 2006, the 

Commission consolidated the CALEA rules 

in new Subpart Z. The Commission also 

substantially modified the CALEA rules in 

2006 in order to implement the statutory 

requirements of Section 103. 

Legal Basis: 47 U.S.C. 151, 154(i), 157(a), 

229, 301, 303 and 332. 

Section Number and Title: 

1.20000 Purpose. 

1.20001 Scope. 

1.20002 Definitions. 

1.20003 Policies and provisions for 

employee control. 

1.20004 Maintaining secure and accurate 

records. 

1.20005 Submission of policies and 

procedures and Commission review. 

1.20006 Assistance capability requirements. 

1.20007 Additional assistance capability 

requirements for wireline, cellular, and 

PCS telecommunications carriers. 

1.20008 Penalties. 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

Subpart J—Equipment Authorization 

Procedures 

Brief Description: These rules specify 

conditions associated with grant of 

equipment authorization under the 

Commission’s rules. 

Need: The rules provide procedures and 

conditions under which grants can be 

dismissed, limited and revoked. The rules 

also specify measurement procedures to be 

applied generally for radiofrequency devices. 

Legal Basis: 47 U.S.C. 154, 302a, 303 and 

336. 

Section Number and Title: 

2.960 Designation of Telecommunications 

Certification Bodies (TCBs). 

2.962 Requirements for 

Telecommunications Certification 

Bodies. 

2.1033 Application for certification. 

2.1204 Import conditions. 

2.1205 Filing of required declaration. 

PART 5—EXPERIMENTAL RADIO 

SERVICE (OTHER THAN BROADCAST) 

Subpart A—General 

Brief Description: The Part 5 rules 

prescribe the manner in which eligibility, 

application, licensing and operating 

procedures and requirements of the radio 

frequency spectrum may be made available 

for experimentation. 

Need: These rules permit experimentation 

in new radio technology and applications 

while ensuring the protection of incumbent 

services. 

Legal Basis: 47 U.S.C. 154, 302 and 303. 

Section Number and Title: 

5.3 Scope of service. 

Subpart B—Applications and Licenses 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

5.59 Forms to be used. 


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5.61 Procedure for obtaining a special 

temporary authorization. 

5.89 School and student authorizations. 

5.105 Authorized bandwidth. 

5.109 Antenna and tower requirements. 

PART 6—ACCESS TO 

TELECOMMUNICATIONS SERVICE, 

TELECOMMUNICATIONS EQUIPMENT 

AND CUSTOMER PREMISES 

EQUIPMENT BY PERSONS WITH 

DISABILITIES 

Subpart A—Scope—Who Must Comply 

With These Rules? 

Brief Description: Part 6 of the 

Commission’s rules was adopted in 1999. 

These rules set forth the scope of the 

manufacturers and telecommunications 

providers which shall ensure that their 

equipment and services are accessible to and 

usable by persons with disabilities, if readily 

achievable; and define the types of 

accessibility obligations and processes for 

enforcement. 

Need: Under section 255 of the 

Communications Act of 1934, as amended, 

manufacturers and telecommunications 

service providers shall ensure that people 

with disabilities have access to 

telecommunications services and related 

equipment, if readily achievable. 

Furthermore, where it is not readily 

achievable for equipment or services to be 

made accessible to and usable by individuals 

with disabilities, the manufacturer or service 

provider shall ensure that the equipment or 

services are compatible with existing 

peripheral devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to secure access, 

if readily achievable. The rules implementing 

section 255 are designed to increase the 

accessible products and services available in 

the marketplace. 

Legal Basis: 47 U.S.C. 151–154, 201(b), 

208, 251(a)(2), 255 and 303(r). 

Section Number and Title: 

6.1 Applicability. 

Subpart B—Definitions 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

6.3 Definitions. 

Subpart C—Obligations—What Must 

Covered Entities Do? 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

6.5 General obligations. 

6.7 Product design, development and 

evaluation. 

6.9 Information pass through. 

6.11 Information, documentation, and 

training. 

Subpart D—Enforcement 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

6.15 Generally. 

6.16 Informal or formal complaints. 

6.17 Informal complaints; form and content. 

6.18 Procedure; designation of agents for 

service. 

6.19 Answers to informal complaints. 

6.20 Review and disposition of informal 

complaints. 

6.21 Formal complaints, applicability of 

1.720 through 1.736 of this chapter. 

6.22 Formal complaints based on 

unsatisfied informal complaints. 

6.23 Actions by the Commission on its own 

motion. 

PART 7—ACCESS TO VOICEMAIL AND 

INTERACTIVE MENU SERVICES AND 

EQUIPMENT BY PEOPLE WITH 

DISABILITIES 

Subpart A—Scope—Who Must Comply 

With These Rules? 

Brief Description: Part 7 of the 

Commission’s rules was adopted in 1999. 

These rules set forth the scope of 

manufacturers and information service 

providers which shall ensure that their 

voicemail and interactive menu equipment 

and services are accessible to and usable by 

persons with disabilities, if readily 

achievable; and define the types of 

accessibility obligations and processes for 

enforcement. 

Need: Under section 255 of the 

Communications Act, manufacturers and 

telecommunications service providers shall 

ensure that people with disabilities have 

access to telecommunications services and 

related equipment, if readily achievable. 

Furthermore, where it is not readily 

achievable for equipment or services to be 

made accessible to and usable by individuals 

with disabilities, the manufacturer or service 

provider shall ensure that the equipment or 

services are compatible with existing 

peripheral devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to secure access, 

if readily achievable. The Commission 

asserted its ancillary jurisdiction to apply 

section 255 to providers of voicemail and 

interactive menu service, and to the 

manufacturers of equipment that perform 

those functions. In doing so, the Commission 

recognized that in order to carry out 

meaningfully the accessibility requirements 

of section 255, requirements comparable to 

those under section 255 should apply to 

these two information services, which are 

critical to making telecommunications 

accessible to and usable by people with 

disabilities. 

Legal Basis: 47 U.S.C. 151–154, 201(b), 

208, 251(a)(2), 255 and 303(r). 

Section Number and Title: 

7.1 Who must comply with these rules? 

Subpart B—Definitions 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

7.3 Definitions. 

Subpart C—Obligations—What Must 

Covered Entities Do? 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

7.5 General obligations. 

7.7 Product design, development, and 

evaluation. 

7.9 Information pass through. 

7.11 Information, documentation and 

training. 

Subpart D—Enforcement 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

7.15 Generally. 

7.16 Informal or formal complaints. 

7.17 Informal complaints; form and content. 

7.18 Procedure; designation of agents for 

service. 

7.19 Answers to informal complaints. 

7.20 Review and disposition of informal 

complaints. 

7.21 Formal complaints, applicability of 

1.720 through 1.736 of this chapter. 

7.22 Formal complaints based on 

unsatisfied informal complaints. 

7.23 Actions by the Commission on its own 

motion 

PART 13—COMMERCIAL RADIO 

OPERATORS 

Brief Description: The Part 13 rules 

prescribe the manner and conditions under 

which commercial radio operators are 

licensed by the Commission. 

Need: These rules specify the authority 

conveyed by Part 13 Commercial Radio 

Operator licenses and require applicants for 

Commercial Radio Operator licenses (except 

applicants for a Restricted Radiotelephone 

Operator Permit and Restricted 

Radiotelephone Operator Permit—Limited 

Use) to specify a mailing address. 

Legal Basis: 47 U.S.C. 154 and 303, and 

applicable treaties and agreements to which 

the United States is a party. 

Section Number and Title: 

13.8 Authority conveyed. 

13.10 Licensee address. 

PART 15—RADIO FREQUENCY 

DEVICES 

Subpart A—General 

Brief Description: These rules sets out the 

regulations under which an intentional, 

unintentional, or incidental radiator may be 

operated without an individual license. 

These rules contain the technical 

specifications, administrative requirements 

and other conditions relating to the 

marketing of part 15 devices. 

Need: These rules are necessary to promote 

the efficient use of the radio spectrum by 

preventing harmful interference to licensed 

radio services that share the same spectrum 

or nearby spectrum as unlicensed devices. 

Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 

307, 336 and 544a. 

Section Number and Title: 


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15.3 Definitions. 

15.37 Transition provisions for compliance 

with the rules. 

Subpart B—Unintentional Radiators 

Brief Description, Need and Legal Basis: 

See Subpart A above. 

Section Number and Title: 

15.101 Equipment authorization of 

unintentional radiators. 

15.121 Scanning receivers and frequency 

converters used with scanning receivers. 

PART 18—INDUSTRIAL, SCIENTIFIC, 

AND MEDICAL EQUIPMENT 

Subpart B—Applications and 

Authorizations General 

Brief Description: These rules specify the 

technical standards and other requirements 

for certain equipment or appliances that 

generate and use locally radiofrequency 

energy for industrial, scientific, medical 

purposes, excluding telecommunications 

applications, to be marketed and operated 

within the United States. 

Need: These rules are needed to regulate 

industrial, scientific and medical (ISM) 

equipment that emits electromagnetic energy 

on frequencies within the radiofrequency 

spectrum in order to prevent harmful 

interference to authorized radio 

communications services. 

Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 

and 307. 

Section Number and Title: 

18.213 Information to the user. 

Subpart C—Technical Standards 

Brief Description, Need and Legal Basis: 

See entry immediately above. 

Section Number and Title: 

18.307 Conduction limits. 

PART 20—COMMERCIAL MOBILE 

RADIO SERVICES 

Subpart B—Common Carrier Services 

Brief Description: These rules set forth the 

requirements and conditions applicable to 

commercial mobile radio service providers. 

Need: This rule establishes the 218–219 

MHz Service as a commercial mobile radio 

service. 

Legal Basis: 47 U.S.C. 154, 160, 201, 251– 

254, 303 and 332. 

Section Number and Title: 

20.9(a)(12) Commercial mobile radio 

service. 

PART 22—PUBLIC MOBILE SERVICES 

Subpart B—Licensing Requirements 

and Procedures 

Brief Description: The Part 22 rules state 

the conditions under which radio stations 

may be licensed and used in the Paging and 

Rural, Air-Ground, Cellular and Offshore 

Radiotelephone Services. Subpart B sets forth 

rules governing the licensing requirements 

and procedures regarding the operation of 

cellular radiotelephone systems. 

Need: These rules are needed to implement 

the Commission’s competitive bidding 

authority under 47 U.S.C. 309(j). Section 

22.213 informs the public that, after an 

auction, the Commission will accept long 

form applications for paging geographic 

authorizations only from the auction winners 

and parties seeking partitioned 

authorizations with auction winners. 

Legal Basis: 47 U.S.C. 154, 310, 302, 303, 

309 and 332. 

Section Number and Title: 

22.213 Filing of long-form applications. 

Subpart E—Paging and 

Radiotelephone Service 

Brief Description: The Part 22 rules state 

the conditions under which radio stations 

may be licensed and used in the Paging and 

Rural, Air-Ground, Cellular and Offshore 

Radiotelephone Services. Subpart E sets forth 

rules governing the licensing and operations 

of paging and radiotelephone service. 

Need: These rules establish requirement for 

partitioning licenses and disaggregating 

spectrum, and permit Part 22 licensees to 

keep certain antenna information on file and 

produce it upon request, instead of requiring 

mandatory filing with the Commission. 

Legal Basis: 47 U.S.C. 154, 310, 302, 303, 

309 and 332. 

Section Number and Title: 

22.513 Partitioning and disaggregation. 

22.529(c) Applications requirements for the 

Paging and Radiotelephone Service. 

Subpart F—Rural Radiotelephone 

Service 

Brief Description: The Part 22 rules state 

the conditions under which radio stations 

may be licensed and used in the Paging and 

Rural, Air-Ground, Cellular and Offshore 

Radiotelephone Services. Subpart F sets forth 

rules governing the licensing and operations 

of rural radiotelephone service. 

Need: This rule permits Part 22 licensees 

to keep certain antenna information on file 

and produce it upon request, instead of 

requiring mandatory filing with the 

Commission. 

Legal Basis: 47 U.S.C. 154, 310, 302, 303, 

309 and 332. 

Section Number and Title: 

22.709(f) Rural radiotelephone service 

application requirements. 

Subpart H—Cellular Radiotelephone 

Service 

Brief Description: The Part 22 rules state 

the conditions under which radio stations 

may be licensed and used in the Paging and 

Rural, Air-Ground, Cellular and Offshore 

Radiotelephone Services. Subpart H sets 

forth rules governing the licensing and 

operations of cellular radiotelephone service. 

Need: These rules require that analog 

cellular phones include a separate capability 

for processing 911 calls that permits those 

calls to be handled, where necessary, by 

either cellular carrier in the area, and permit 

Part 22 licensees to keep certain antenna 

information on file and produce it upon 

request, instead of requiring mandatory filing 

with the Commission. 

Legal Basis: 47 U.S.C. 154, 310, 302, 303, 

309 and 332. 

Section Number and Title: 

22.921 911 Call processing procedures; 911- 

only calling mode. 

22.929(d) Application requirements for the 

Cellular Radiotelephone Service. 

PART 25—SATELLITE 

COMMUNICATIONS 

Brief Description: Section 25.200 created a 

voluntary equipment authorization 

procedure for certain kinds of mobile earth 

station terminals. 

Need: This rule is not needed. It was 

removed from the CFR in 2002. 

Legal Basis: 47 U.S.C. 701–744. 

Section Number and Title: 

25.200 Interim Equipment Authorization. 

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 42.10 requires non-dominant 

interexchange carriers to make available to 

any member of the public in at least one 

location, during normal business hours 

information concerning the rates, terms, and 

conditions for their international and 

interstate, domestic, interexchange services. 

Section 42.10 also requires that nondominant interexchange carriers that 

maintain Internet Web sites make this 

information available online. Section 42.10 

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. Although it 

might be preferable merely to require that the 

information be made available on the 

Internet, until such a rule is promulgated, 

Section 42.10 ensures that the information is 

available to consumers. 

Legal Basis: 47 U.S.C. 154(i), 219 and 220. 

Section Number and Title: 

42.10 Public availability of information 

concerning interexchange services. 

PART 43—REPORTS OF 

COMMUNICATION COMMON 

CARRIERS AND CERTAIN AFFILIATES 

Brief Description: Section 43.51(f) provides 

the procedures for carriers to request 

confidential treatment of the filing of 

contracts covering service on an international 

route and the rates, terms, and conditions 


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that govern the settlement of U.S. 

international traffic. 

Need: The filing of contracts by U.S. 

carriers provides a valuable tool to the 

Commission to ensure that U.S. carriers do 

not enter into arrangements that would allow 

the foreign carrier to exercise its market 

power to the detriment of U.S. consumers. 

Public disclosure of such contracts, however, 

may have a chilling effect on pro-competitive 

termination arrangements because parties 

may be more reluctant to conclude 

arrangements that must be disclosed 

publicly. This rule balances these two 

competing concerns of promoting 

competition, while precluding the abuse of 

foreign market power by allowing 

confidential treatment of the contracts. 

Legal Basis: 47 U.S.C. 154. 

Section Number and Title: 

43.51(f) Contracts and concessions. 

PART 51—INTERCONNECTION 

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. 

Section 51.321 requires incumbent local 

exchange carriers to provide any technically 

feasible method of obtaining interconnection 

or access to unbundled network elements at 

a particular point upon request by a 

telecommunications carrier, on terms and 

conditions that are just, reasonable, and nondiscriminatory. Paragraph (h) establishes the 

parameters for the available collocation space 

reports that incumbent LECs must provide to 

requesting carriers seeking collocation. 

Paragraph (i) requires incumbent LECs to 

remove obsolete, unused equipment upon 

request in order to make more collocation 

space available. 

Need: 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: 47 U.S.C. 251(a), 251(c)(2) and 

(3) and 251(d). 

Section Number and Title: 

51.321(h), (i) Methods of obtaining 

interconnection and access to unbundled 

elements under section 251 of the Act. 

Brief Description: This subsection 

generally implements section 251(c) of the 

Communications Act of 1934, as amended. 

Section 51.323 establishes the standards 

incumbent LECs must meet in order to 

comply with their obligation to provide 

physical and virtual collocation. Paragraph k 

enumerates the requirements for physical 

collocation via caged, cageless, and adjacent 

space arrangements. 

Need: 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: 47 U.S.C. 251(a), 251(c)(2) and 

(6) and 251(d). 

Section Number and Title: 

51.323(k) Standards for physical collocation 

and virtual collocation. 

Brief Description: This subsection 

generally implements section 251(c) of the 

Communications Act of 1934, as amended. 

Section 51.325 requires incumbent LECs to 

provide public notice regarding network 

changes generally, and paragraph (a)(3) 

specifically requires public notice of network 

changes that will affect the manner in which 

customer premises equipment is attached to 

the interstate network. 

Need: 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: 47 U.S.C. 251(a), 251(c)(6) and 

251(d). 

Section Number and Title: 

51.325(a)(3) Notice of network changes: 

Public notice requirement. 

PART 54—UNIVERSAL SERVICE 

Subpart D—Universal Service Support 

for High Cost Areas 

Brief Description: These rules specify the 

requirements for the high-cost support 

mechanism. These rules establish how highcost support will be calculated and 

distributed to eligible telecommunications 

providers. 

Need: In implementing statutory 

requirements for the high-cost program of the 

universal service support mechanism, these 

rules ensure that rates in rural, insular and 

high-cost areas are ‘‘reasonably comparable’’ 

to rates charged for similar services in urban 

areas. 

Legal Basis: 47 U.S.C. 254(b). 

Section Number and Title: 

54.307(c) Support to a competitive eligible 

telecommunications carrier. 

54.309 Calculation and distribution of 

forward-looking support for non- rural 

carriers. 

54.311 Interim hold-harmless support for 

non-rural carriers. 

54.313 State certification of support for 

non-rural carriers. 

Subpart G—Universal Service Support 

for Health Care Providers 

Brief Description: These rules specify the 

requirements for participation in the Rural 

Health Care Program of the universal service 

support mechanism. The rules establish the 

requirements for eligible health care 

providers, and the services eligible for 

discounted support. The rules also establish 

procedures for the application process, 

competitive bidding process, and the 

distribution of support. Finally, these rules 

establish recordkeeping and auditing 

requirements. 

Need: In implementing statutory 

requirements for the Rural Health Care 

support mechanism, these rules ensure that 

discounts are available to eligible rural health 

care providers for telecommunications 

services and monthly Internet access service 

charges. 

Legal Basis: 47 U.S.C. 254(h)(2)(A). 

Section Number and Title: 

54.609(a)(1) and (2) Calculating support. 

54.613 Limitations on supported services 

for rural health care providers. 

Subpart H—Administration 

Brief Description: These rules specify the 

requirements regarding the Universal Service 

Administrative Company, as the permanent 

Administrator for the universal service 

support mechanism. These rules establish the 

Administrator’s functions and 

responsibilities, as well as the composition of 

the Administrator’s Board of Directors and 

Committees. These rules also establish 

requirements regarding contributions and 

contributor reporting requirements. 

Need: In implementing statutory 

requirements for the universal service 

support mechanism, these rules provide the 

framework and requirements for the 

administration of the program. 

Legal Basis: 47 U.S.C. 254. 

Section Number and Title: 

54.706(d) Contributions. 

54.708 De minimis exemption. 

54.711 Contributor reporting requirements. 

PART 61—TARIFFS 

Subpart A—General 

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: Section 61.3 (nn), (oo), and (pp) 

were adopted to define terms used elsewhere 

in the Commission’s tariff regulations 

applicable to interstate, domestic, 

interexchange services. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.3(nn), (oo), and (pp) Definitions. 

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 Part 61, Subpart C rules apply 

to non-dominant carriers. Section 61.18 sets 


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forth the scope of the Subpart C rules. 

Section 61.22(c)(2) and (e) were adopted to 

allow carriers to reduce the administrative 

burden associated with tariff filings. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.18 Scope. 

61.22(c)(2), and (e) Composition of tariffs. 

Subpart D—General Tariff Rules for 

International Dominant 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 Part 61, Subpart D rules apply 

to international dominant carriers. Section 

61.28 was adopted to specify tariff filing 

requirements for such carriers to ensure rates 

are just, reasonable, and not unjustly or 

unreasonably discriminatory. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.28 International dominant carrier tariff 

filing requirements. 

Subpart E—General Rules for 

Dominant 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 Part 61, Subpart E rules apply 

to dominant carriers. Section 61.31 sets forth 

the scope of the Subpart E rules. Section 

61.38(g) and (f) specify tariff filing 

procedures designed to allow consumers to 

determine with which tariffs supporting 

information is associated. Section 

61.42(d)(4)(ii) allows carriers to remove 

certain tolls from their interexchange baskets 

under certain conditions. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.31 Scope. 

61.38(g) and (f) Supporting information to 

be submitted with letters of transmittal. 

61.42(d)(4)(ii) Price cap baskets and service 

categories. 

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: Section 61.46 was adopted to specify 

to carriers how, in connection with any price 

cap tariff filing proposing rate changes, the 

carrier must calculate its Actual Price Index 

(API) for each affected basket and what 

revenues and elements must be included in 

the calculation and appropriate 

methodologies to be used in making the 

required calculations. Section 61.47 was 

adopted to specify the appropriate 

calculation methodology to determine the 

Service Band Index (SBI) value for each 

affected service category, subcategory or 

density zone when a price cap tariff filing 

proposes changes to such categories. Section 

61.47 also limits the data that may be 

included in the required calculations. 

Section 61.49 was adopted to assist carriers 

by detailing the information to be filed with 

each price cap tariff filing as appropriate. 

Section 61.54 was adopted to inform tariff 

filers of formatting requirements for each 

tariff filing. Section 61.55 was adopted to 

provide the detailed information required 

when price cap carriers file contract-based 

tariffs pursuant to section 69.727(a). Section 

61.58 was adopted to detail the specific 

number of days required to provide adequate 

notice of various types of tariff filings. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.46(i) Adjustments to the API. 

61.47(k) Adjustment to the SBI; pricing 

bands. 

61.49(f)(3), (f)(4), (l) Supporting information 

to be submitted with letters of 

transmittal for tariffs of carriers subject 

to price cap regulation. 

61.54(c)(1)(ii), (c)(3)(ii) Composition of 

tariffs. 

61.55 Contract-based tariffs. 

61.58(b), (c), (d), (e)(3) Notice requirements. 

Subpart F—Specific Rules for Tariff 

Publications of Dominant and 

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: Section 61.66 was adopted to set 

forth the carriers to which Part 61, Subpart 

F applies. Section 61.69 was adopted to 

detail consequences when the Commission 

rejects a tariff. Section 61.74 was adopted to 

assist carriers by detailing the limited 

instances when a tariff filing entity may make 

reference to any other tariff, document or 

instrument in a tariff publication. 

Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 

201–205 and 403. 

Section Number and Title: 

61.66 Scope. 

61.69 Rejection. 

61.74(e), (f) References to other 

instruments. 

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: Part 63 implements 

Section 214 of the Act, which provides that 

no carrier shall undertake the construction of 

a new line or extension of any line, or shall 

acquire or operate any line, or extension 

thereof, without first having obtained a 

certificate from the Commission that the 

present or future public convenience and 

necessity require the construction and/or 

operation of such extended line. Section 

402(b)(2)(a) of the Telecommunications Act 

of 1996 exempted line extensions and video 

programming systems from this requirement, 

and subsection 63.02 implements this 

exemption. 

Need: The purpose of the 1996 Act is ‘‘to 

promote competition and reduce regulation 

in order to secure lower prices and higher 

quality services for American 

telecommunications consumers and 

encourage the rapid deployment of new 

telecommunications technologies.’’ 

Consistent with this broad purpose, Congress 

enacted Section 402(b)(2)(A), intending to 

‘‘eliminate the Section 214 approval 

requirement for extension of lines.’’ 

Legal Basis: 47 U.S.C. 214. 

Section Number and Title: 

63.02 Exemptions for extensions of lines 

and for systems for the delivery of video 

programming. 

Brief Description: These rules set forth 

definitions, requirements, and conditions 

applicable to international Section 214 

applications and authorizations to provide 

global facilities-based and global resale 

services, including specific information 

requirements for applications to provide 

service and required certifications thereof. 

The rules establish the procedures for 

streamlined processing of international 

Section 214 applications, state specific 

prohibitions to the acceptance of, or the 

agreement to accept in the future, special 

concessions by an international Section 214 

authorized carrier from a foreign carrier that 

holds sufficient market power on the foreign 

end of the route to affect competition 

adversely in the U.S., and establish a 

requirement for an authorized carrier or a 

subsidiary to notify the Commission of name 

change. The rules also state the requirements 

and procedures pertinent to pro forma and 

substantial assignment and transfer of control 

transactions of international section 214 

authorizations. The rules require carriers to 

file all notifications and other filings 

electronically through the International 

Bureau Filing System (IBFS). 

Need: These rules are needed to provide 

the framework applicable to international 

Section 214 authorizations and establish the 

general applications, procedures, conditions 

and restrictions to ensure that carriers and 

affiliates providing services on international 

routes meet statutory requirements for 

designated global facilities-based and global 

resale telecommunication services. 


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Legal Basis: 47 U.S.C. 151, 154, 160, 201– 

205, 214, 218 and 403. 

Section Number and Title: 

63.09 Definitions applicable to 

international Section 214 authorizations. 

63.10 (c)(5) and (e) Regulatory classification 

of U.S. international carriers. 

63.12(a), (b), (c)(1) Processing of 

international Section 214 applications. 

63.18 (j) through (n) Contents of 

applications for international common 

carriers. 

63.21(h) and (i) Conditions applicable to all 

international Section 214 authorizations. 

63.22 Facilities-based international 

common carriers. 

63.23 Resale-based international common 

carriers. 

63.24 Assignments and transfers of control. 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

Subpart G—Furnishing of Enhanced 

Services and Customer-Premises 

Equipment By Communications 

Common Carriers; Telephone Operator 

Services 

Brief Description: The Part 64, Subpart G 

rules are designed to protect consumers. 

These rules help ensure that carriers provide 

end users with the information necessary, in 

a clear format, to make informed decisions 

about their service options. 

Need: Section 64.709 was adopted to 

ensure that operator service providers meet 

the specific requirements of section 

226(h)(1)(A) of the Communications Act of 

1934, as amended, when they file 

informational tariffs detailing their rates and 

that parties are not exposed to undue risk of 

fraud. 

Legal Basis: 47 U.S.C. 154, 201, 218, 222, 

225, 226, 228, 254(k) and 403(b)(2)(B), (c). 

Section Number and Title: 

64.709 Informational tariffs. 

Subpart I—Allocation of Costs 

Brief Description: The Part 64, Subpart I 

rules detail the acceptable cost allocation 

processes for carriers required to separate 

their regulated costs from nonregulated costs. 

These rules help to ensure that carriers 

compete fairly in nonregulated markets and 

that regulated ratepayers do not bear the risks 

and burdens of the carriers’ competitive, or 

nonregulated, ventures. 

Need: Section 64.904 was adopted to detail 

acceptable methods of compliance with the 

requirement that carriers that must file cost 

allocation manuals have those filings 

reviewed by an independent auditor every 

two years. 

Legal Basis: 47 U.S.C. 154, 201, 218, 222, 

225, 226, 228, 254(k) and 403(b)(2)(B), (c). 

Section Number and Title: 

64.904(b) Independent audits. 

Subpart K—Changes in Preferred 

Telecommunications Service Providers 

Brief Description: These rules govern the 

unauthorized switching of subscribers’ 

preferred telecommunications carriers, an 

activity more commonly known as 

‘‘slamming.’’ These rules are designed to take 

the profit out of slamming, and to protect 

consumers and authorized carriers from 

unauthorized carrier changes by ensuring 

that consumers have verified their intent to 

switch providers when authorizing a carrier 

change. In 1999, the Commission bolstered 

its efforts to combat slamming by adding four 

sections to the slamming rules (section 

64.1180 was subsequently removed). Section 

64.1130, originally promulgated as 64.1160, 

details the use of letters of agency as a form 

of authorizing and/or verifying a subscriber’s 

request to change his or her preferred carrier 

selection. Section 64.1170 sets forth 

procedures for reimbursing subscribers who 

have already paid charges to an unauthorized 

carrier. Section 64.1190 provides further 

protection against slamming by enabling a 

subscriber to ‘‘freeze’’ his or her preferred 

carrier selection, unless the subscriber gives 

the carrier from whom the freeze was 

requested his or her express consent to a 

change. 

Need: These rules are intended to deter 

and ultimately eliminate unauthorized 

changes in subscribers telecommunications 

carriers. The rules absolve subscribers of 

liability for slamming charges in order to 

ensure that carriers do not profit from 

slamming activities, and seek to protect 

consumers from the confusion and 

inconvenience they would experience as a 

result of being slammed. 

Legal Basis: 47 U.S.C. 151, 154, 201–205, 

258 and 303(r). 

Section Number and Title: 

64.1130 Letter of agency form and content. 

64.1170 Reimbursement procedures where 

the subscriber has paid charges. 

64.1190 Preferred carrier freezes. 

Subpart U—Customer Proprietary 

Network Information 

Brief Description: Subpart U implements 

the provisions of section 222 of the Act 

concerning customer proprietary network 

information (CPNI). Section 64.2005 

describes the circumstances under which 

carriers may, and may not, use, disclose or 

permit access to customer CPNI without prior 

customer approval. Paragraph (d) allows 

carriers to use, disclose, or permit access to 

CPNI to protect the rights or property of the 

carrier, or to protect users of the carrier’s 

services and other carriers from fraudulent, 

abusive, or unlawful use of or subscription to 

such services. 

Need: The CPNI regulations in section 222 

are largely consumer protection provisions 

that establish restrictions on carrier use and 

disclosure of personal customer information. 

The statutory design expressly recognizes the 

duty of all carriers to protect customer 

information and embodies the principle that 

customers must be able to control 

information they view as sensitive and 

personal from use, disclosure, and access by 

carriers. These rules further Congress’ goals 

of fostering competition in 

telecommunications markets and ensuring 

the privacy of customer information. 

Legal Basis: 47 U.S.C. 222. 

Section Number and Title: 

64.2005(d) Use of customer proprietary 

network information without customer 

approval. 

Subpart X—Subscriber List 

Information 

Brief Description: Section 222(e) of the 

Communications Act requires carriers 

providing telephone exchange service to 

provide subscriber list information to 

requesting directory publishers ‘‘on a timely 

and unbundled basis, under 

nondiscriminatory and reasonable rates, 

terms, and conditions.’’ Subpart X 

implements this statutory provision, 

addressing third-party rights to subscriber list 

information, which includes listed 

subscribers’ names, addresses and telephone 

numbers, as well as headings under which 

businesses are listed in yellow pages 

directories. Subsection 64.2301 lays out the 

basis and purpose of the rules in this 

Subpart, and subsection 64.2305 defines the 

relevant terms referenced in Subpart X. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2301 Basis and purpose. 

64.2305 Definitions. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2309 requires telecommunications carriers 

that provide telephone exchange service to 

provide subscriber list information gathered 

in its capacity as a provider of such service 

on a timely and unbundled basis, under 

nondiscriminatory and reasonable rates, 

terms, and conditions, to any person upon 

request for the purpose of publishing 

directories in any format. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2309 Provision of subscriber list 

information. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2313 establishes what constitutes 

providing subscriber list information on a 

‘‘timely’’ basis for the purposes of Subsection 

64.2309. Subsection 64.2317 establishes the 

parameters for providing subscriber list 

information on an ‘‘unbundled’’ basis for the 

purposes of Subsection 64.2309. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 


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development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2313 Timely basis. 

64.2317 Unbundled basis. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2321 establishes that telephone exchange 

service providers meet the 

‘‘nondiscriminatory rates, terms, and 

conditions’’ provision of subsection 64.2309 

only if the carrier provides such information 

at the same rates, terms, and conditions that 

the carrier provides the information to its 

own directory publishing operation, its 

directory publishing affiliate, or other 

directory publishers. Subsection 64.2325 

establishes the requirements for telephone 

exchange service providers to meet the 

‘‘reasonable rates, terms, and conditions’’ 

provision of Subsection 64.2309. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2321 Nondiscriminatory rates, terms, 

and conditions. 

64.2325 Reasonable rates, terms, and 

conditions. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2329 establishes the format in which 

carriers must provide subscriber list 

information to a requesting directory 

publisher. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222. 

Section Number and Title: 

64.2329 Format. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2333 establishes who bears the burden of 

proof in proceedings to resolve disputes over 

the rates, terms, or conditions that a 

telephone exchange carrier seeks to impose 

on a requesting directory publisher. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2333 Burden of proof. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2337 requires third-party directory 

publishers to use subscriber list information 

only for the purpose of publishing 

directories, and defines the term ‘‘for the 

purpose of publishing directories. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2337 Directory publishing purposes. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2341 sets retention periods for carriers to 

retain written contracts executed for the 

provision of subscriber list information for 

directory publishing and to maintain records 

of any of their rates, terms, and conditions for 

providing subscriber list information which 

are not set forth in a written contract. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2341 Record keeping. 

Brief Description: Subpart X implements 

Section 222(e) of the Act, addressing thirdparty rights to subscriber list information, 

which includes listed subscribers’ names, 

addresses and telephone numbers, as well as 

headings under which businesses are listed 

in yellow pages directories. Subsection 

64.2345 describes primary advertising 

classifications and when such classifications 

apply. 

Need: Subpart X is intended to implement 

Section 222(e) of the Act and encourage the 

development of competition in directory 

publishing by ensuring that competing 

directory publishers can obtain subscriber 

list information from LECs. 

Legal Basis: 47 U.S.C. 222(e). 

Section Number and Title: 

64.2345 Primary advertising classification. 

Subpart Y—Truth-In-Billing 

Requirements for Common Carriers 

Brief Description: These rules govern the 

billing practices of telecommunications 

service providers. The rules provide that 

consumer telephone bills must be clearly 

organized, clearly identify the service 

provider, and highlight any new providers. In 

addition, the rules require that bills contain 

full and non-misleading descriptions of 

charges that appear therein. Where a bill 

contains charges for basic local service in 

addition to other charges, the rules require 

that the bill distinguish between charges for 

which non-payment will result in 

disconnection of basic, local service, and 

charges for which non-payment will not 

result in such disconnection. Bills must also 

contain clear and conspicuous disclosure of 

any information the consumer may need to 

make inquiries about, or contest, charges on 

the bill, including a toll-free number by 

which subscribers may inquire about or 

dispute any charges on the bill. 

Need: These rules are intended to reduce 

‘‘slamming’’ and other telecommunications 

fraud by setting standards for bills for 

telecommunications service. They are 

designed to ensure that consumers are 

provided with the basic information they 

need to understand their telecommunications 

bills. They are also intended to provide 

consumers with the tools they need to make 

informed choices in a competitive 

telecommunications marketplace. 

Legal Basis: 47 U.S.C. 151, 154(i) and (j), 

201–209, 254, 258 and 403. 

Section Number and Title: 

64.2400 Purpose and scope. 

64.2401 Truth-in-Billing Requirements. 

PART 68—CONNECTION OF 

TERMINAL EQUIPMENT TO THE 

TELEPHONE NETWORK 

Subpart D—Conditions for Terminal 

Equipment Approval 

Brief Description: This rule requires that 

certain telephone handsets sold in the United 

States that are hearing aid compatible be 

labeled with the letters ‘‘HAC’’ permanently 

affixed to them. 

Need: The label is necessary to advise 

consumers before the purchase of a telephone 

whether it will be compatible with a hearing 

aid. 

Legal Basis: 47 U.S.C. 151, 154, 201–205, 

218, 255 and 610. 

Section Number and Title: 

68.300(b) Labeling requirements. 

PART 69—ACCESS CHARGES 

Subpart A—General 

Brief Description: The Part 69 rules are 

designed to implement sections 201 and 202 

of the Communications Act of 1934, as 

amended, and protect consumers by 

preventing the exercise of market power by 

incumbent local exchange carriers (LECs). 

These rules help ensure that rates are just, 

reasonable, and not unjustly or unreasonably 

discriminatory. 


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Need: Section 69.4 was adopted to foster 

competition, move access charges over time 

to more economically efficient levels and rate 

structures, preserve universal service, and 

lower rates by listing the charges to be 

included in the carrier’s carrier charges for 

access services that are filed by price cap 

LECs. 

Legal Basis: 47 U.S.C. 154, 201–203, 205, 

218, 220, 254 and 403. 

Section Number and Title: 

69.4(d), (i) Charges to be filed. 

Subpart H—Pricing Flexibility 

Brief Description: The Part 69 rules are 

designed to implement sections 201 and 202 

of the Communications Act of 1934, as 

amended, and protect consumers by 

preventing the exercise of market power by 

incumbent local exchange carriers. These 

rules help ensure that rates are just, 

reasonable, and not unjustly or unreasonably 

discriminatory. 

Need: Part 69, Subpart H was adopted to 

codify the Commission’s new pricing 

flexibility rules. The pricing flexibility rules 

apply to price cap local exchange carriers 

and were adopted to ensure that the 

Commission’s regulations did not interfere 

with the operation of competitive markets by 

removing services from price cap regulation 

as competition develops. These rules also 

were adopted to detail the prerequisites to a 

grant of pricing flexibility. 

Legal Basis: 47 U.S.C. 154, 201–203, 205, 

218, 220, 254 and 403. 

Section Number and Title: 

69.701 Application of rules in this subpart. 

69.703 Definitions. 

69.705 Procedure. 

69.707 Geographic scope of petition. 

69.709 Dedicated transport and special 

access service other than channel 

terminations between LEC end offices 

and customer premises. 

69.711 Channel terminations between LEC 

end offices and customer premises. 

69.713 Common line, traffic-sensitive, and 

tandem-switched transport services. 

69.725 Attribution of revenues to particular 

wire centers. 

69.727 Regulatory relief. 

69.729 New services. 

69.731 Low-end adjustment mechanism. 

PART 73—RADIO BROADCAST 

SERVICES 

Subpart E—Television Broadcast 

Stations 

Brief Description: This rule requires 

applicants who request a DTV allotment on 

channel 6 to submit an engineering study 

that demonstrates no interference will be 

caused by the allotment to FM radio stations 

on FM channels 200–220. 

Need: This rule prevents unwanted 

interference in FM channels 200–220. 

Legal Basis: 47 U.S.C. 154, 303, 334 and 

336. 

Section Number and Title: 

73.623(f) DTV applications and changes to 

DTV allotments. 

Brief Description: This rule sets forth 

standards for collecting field strength data to 

determine television signal intensity at a 

specific location. 

Need: This rule is needed to ensure 

standard data collection methodology by 

parties submitting field strength 

measurements to the Commission. 

Legal Basis: 47 U.S.C. 154, 303, 334 and 

336. 

Section Number and Title: 

73.686(d) Field strength measurements. 

Subpart H—Rules Applicable to All 

Broadcast Stations 

Brief Description: This rule sets forth 

standards for filing contingent applications 

under specific circumstances. 

Need: This rule is needed to ensure that 

frivolous and unacceptable applications are 

not submitted for processing by the 

Commission. 

Legal Basis: 47 U.S.C. 154, 303, 334 and 

336. 

Section Number and Title: 

73.3517(e) Contingent applications. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

Subpart A—General 

Brief Description: This rule sets forth the 

requirements for pleadings in multichannel 

video and cable television service 

proceedings. 

Need: This rule simplifies the 

Commission’s procedural rules for filing 

petitions and complaints pursuant to part 76. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.6 General pleadings requirements. 

Subpart D—Carriage of Television 

Broadcast Signals 

Brief Description: This rule sets forth the 

requirements for complaints regarding 

carriage. 

Need: This rule simplifies the 

Commission’s procedural rules for filing 

petitions and complaints pursuant to part 76. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.61(a)(5) Disputes concerning carriage. 

Subpart J—Ownership of Cable 

Systems 

Brief Description: This rule sets forth the 

standard for determining attribution of 

ownership interests. 

Need: This rule clarifies the attribution 

standards applicable to cable systems. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.501 Note 6 Cross-ownership. 

Brief Description: This rule sets forth the 

standard for determining attribution of 

ownership interests in vertically integrated 

programming. 

Need: This rule clarifies the attribution 

standards. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.504 Note 1 Limits on carriage of 

vertically integrated programming. 

Brief Description: These rules set forth the 

standard for determining attribution of 

ownership interests when determining the 

ownership interests of local exchange carriers 

in a cable operator. 

Need: This rule clarifies the attribution 

standards. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.505 (f) and (g) Prohibition on buy outs. 

Subpart N—Cable Rate Regulation 

Brief Description: These rules set forth 

definitions to be used throughout Subpart N. 

Need: Subsection (F) defines a small cable 

operator. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.901(f) Definitions. 

Brief Description: These rules set forth the 

standards for affiliation and attributable 

interest for the purposes of the conditions in 

76.905(b). 

Need: This rule clarifies the attribution and 

affiliation standards. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.905(h) and (i) Standards for 

identification of cable systems subject to 

effective competition. 

Brief Description: This rule sets forth the 

standards for filing a petition for a 

determination of effective competition by a 

cable operator. 

Need: This rule implements provisions of 

the 1996 Telecommunications Act that 


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reform several parts of Title VI of the 

Communications Act of 1934. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.907 Petition for a determination of 

effective competition. 

Brief Description: This rule sets forth the 

standards for filing a petition for a 

determination of effective competition by a 

cable operator. 

Need: This rule adopts amendments to the 

cable attribution and affiliation rules, which 

determine whether an entity is subject to the 

Commission’s cable regulations, in order to 

more accurately identify interests that confer 

on their holders the ability to influence or 

control the operations of a held entity or 

create the type of economic incentives that 

the Commission’s rules relating to the 

provision of cable television services are 

designed to address. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.922(f)(6)(i) and (ii) Rates for basic service 

tier and cable programming service tiers. 

Brief Description: This rule sets forth the 

standards for transactions and affiliates when 

making adjustments on account of external 

costs and rates set on a cost-of-service basis. 

Need: This rule adopts amendments to the 

cable attribution and affiliation rules, which 

determine whether an entity is subject to the 

Commission’s cable regulations, in order to 

more accurately identify interests that confer 

on their holders the ability to influence or 

control the operations of a held entity or 

create the type of economic incentives that 

the Commission’s rules relating to the 

provision of cable television services are 

designed to address. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.924(i)(6) and (7) Allocation to service 

cost categories. 

Brief Description: This rule sets forth the 

standards commercial leased access rates. 

Need: This rule adopts amendments to the 

cable attribution and affiliation rules, which 

determine whether an entity is subject to the 

Commission’s cable regulations, in order to 

more accurately identify interests that confer 

on their holders the ability to influence or 

control the operations of a held entity or 

create the type of economic incentives that 

the Commission’s rules relating to the 

provision of cable television services are 

designed to address. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.970(c) Commercial leased access rates. 

Brief Description: This rule sets forth the 

standards for geographically uniform cable 

rates. 

Need: This rule implements provisions of 

the 1996 Telecommunications Act that 

reform several parts of Title VI of the 

Communications Act of 1934, including 

sections on effective competition to a cable 

system, small cable operator rules, uniform 

rate requirements, technical standards, and 

the sunset of the Commission’s role in 

regulating rates on the cable service 

programming tier. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.984(c)(3) Geographically uniform rate 

structure. 

Brief Description: This rule sets forth the 

standards for small cable operators to claim 

exemption from rate regulation. 

Need: This rule implements provisions of 

the 1996 Telecommunications Act which 

exempt small cable operators meeting certain 

criteria from some rate regulation. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.990 Small cable operators. 

Subpart P—Competitive Availability of 

Navigation Devices 

Brief Description: This rule exempts 

certain navigation devices from the 

requirements of sections (a)(1), (b), and (c) of 

the rule. 

Need: This rule implements Section 629 of 

the Communications Act to achieve 

commercial availability of set top boxes and 

other consumer equipment used to receive 

video signals and other services. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.1204(f) Availability of equipment 

performing conditional access or security 

functions. 

Subpart Q—Regulation of Carriage 

Agreements 

Brief Description: These rules set forth 

definitions to be used throughout Subpart Q. 

Need: Subsection (b) clarifies the 

attribution and affiliation standards for 

program carriage. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.1300(b) Definitions. 

Subpart S—Open Video Systems 

Brief Description: These rules set forth 

definitions to be used throughout Subpart S. 

Need: Subsection (h) clarifies the 

attribution and affiliation standards for open 

video systems. 

Legal Basis: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 503, 521, 522, 531, 532, 533, 534, 

535, 536, 537, 543, 544, 544a, 545, 548, 549, 

552, 554, 556, 558, 560, 561, 571, 572 and 

573. 

Section Number and Title: 

76.1500(h) Definitions. 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

Subpart P—Standards for Computing 

Public Coast Station VHF Coverage 

Brief Description: The Part 80 rules set 

forth the conditions under which portions of 

the radio spectrum are made available and 

licensed for stations in the maritime services. 

Subpart P sets forth the standards for 

computing public coast station VHF 

coverage. 

Need: This rule clarifies the co-channel 

interference protection standards for VHF 

public coast geographic licensees by limiting 

a field strength at their service area 

boundaries to +5 dBu, unless a higher field 

strength is agreed upon by all the affected 

VHF public coast station geographic area 

licensees. 

Legal Basis: 47 U.S.C. 154, 303, 307, 309 

and 332. 

Section Number and Title: 

80.773(c) Co-channel interference 

protection. 

PART 87—AVIATION SERVICES 

Subpart D—Technical Requirements 

Brief Description: The Part 87 rules set 

forth the conditions under which portions of 

the radio spectrum are made available and 

licensed for stations in the aviation services. 

Subpart D sets forth technical requirements 

for such stations. 

Need: This rule sets forth emission 

limitations for differential GPS ground 

stations transmitting in the 112–118 MHz 

band in order to avoid harmful interference 

to existing VHF omni-range (VOR) 

transmissions in the band. 

Legal Basis: 47 U.S.C. 154, 303 and 307(e). 

Section Number and Title: 

87.139(j) Emission limitations. 

Subpart G—Aeronautical Multicom 

Stations 

Brief Description: The Part 87 rules set 

forth the conditions under which portions of 

the radio spectrum are made available and 


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licensed for stations in the aviation services. 

Subpart G sets forth requirements for 

aeronautical multicom stations. 

Need: This rule permits the operation of 

unicom stations in an unattended, automatic 

mode, because automated unicoms have the 

potential to promote air safety and reduce 

congestion on unicom frequencies. 

Legal Basis: 47 U.S.C. 154, 303 and 307(e). 

Section Number and Title: 

87.219 Automatic operations. 

Subpart Q—Stations in the 

Radiodetermination Service 

Brief Description: The Part 87 rules set 

forth the conditions under which portions of 

the radio spectrum are made available and 

licensed for stations in the aviation services. 

Subpart Q sets forth requirements for stations 

in the radiodetermination service. 

Need: This rule allows entities 

participating in the FAA’s SCAT–I landing 

and approach system to use unassigned VOR 

frequencies in the 112–118 MHz band to 

transmit differential GPS augmentation data 

to aircraft. Permitting such use improves 

safety in air navigation by promoting the use 

of satellite technology for the precision 

landing of aircraft. 

Legal Basis: 47 U.S.C. 154, 303 and 307(e). 

Section Number and Title: 

87.475(e) Frequencies. 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

Subpart B—Public Safety Radio Pool 

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 B sets forth 

requirements for entities holding 

authorizations in the Public Safety Pool. As 

a general matter, Section 90.20(d)(66) 

specifies frequency pairs and equipment 

requirements for the delivery of medical care 

services. 

Need: In 1999 the Commission ‘‘added’’ 

subparagraph (v) and (vi) to Section 

90.20(d)(66). Subparagraph (v) exempts 

portable (hand-held) units operated with a 

maximum output power of 2.5 watts from the 

multi-channel equipment requirements 

specified in Sections 90.20(d)(66)(ii), (iii) and 

(iv). Subparagraph (vi) requires stations 

located in areas above line A to meet multichannel equipment requirements only for 

those frequencies up to the number specified 

in Section 90.20(d)(66)(ii), (d)(66)(iii), and 

(d)(66)(iv) that have been assigned and 

coordinates with Canada in accordance with 

the applicable U.S.-Canada agreement. We 

note that the general content of 

90.20(d)(66)(v) and (vi), had been codified 

under 90.20(c) in 1993 when the Commission 

established the Emergency Medical Service. 

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

332(a)(2). 

Section Number and Title: 

90.20(d)(66)(v) and (vi) Public Safety Pool. 

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 B sets forth 

requirements for entities holding 

authorizations in the Public Safety Pool. This 

rule prohibits paging operations on certain 

public safety frequencies. 

Need: This rule describes an assignment 

limitation. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.20(d)(78) Public Safety Pool. 

Subpart C—Industrial/Business Radio 

Pool 

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 C sets forth 

requirements for entities holding 

authorizations in the Industrial/Business 

Pool. 

Need: These rules state that applications 

for certain frequencies in the Industrial/ 

Business Pool require concurrence from the 

Petroleum Coordinator only if authorization 

is requested for transmitters in certain states. 

They also permit railroad licensees in the 

Industrial/Business Radio Pool to utilize 

24.10 GHz to operate safety warning 

transmitters on locomotives or near railroad 

crossings for the purpose of alerting motorists 

to the presence of an approaching train. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.35(c)(80), (c)(81), and (d)(7) Industrial/ 

Business Pool. 

Subpart H—Policies Governing the 

Assignment of Frequencies 

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 H sets forth the 

policies governing the assignment of 

frequencies. 

Need: These rules specify the policies 

governing the assignment of frequencies. The 

rules also limit the number of channels for 

trunked operations applicants can apply for. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.173(j) Policies governing the assignment 

of frequencies. 

90.187(e) and (f) Trunking in the bands 

between 150 and 512 MHz. 

Subpart I—General Technical 

Standards 

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 I sets forth the rules 

governing the general technical standards. 

Need: This rule sets forth power and 

antenna height limits. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.205(q) Power and antenna height limits. 

Subpart K—Standards for Special 

Frequencies or Frequency Bands 

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 K sets forth the rules 

governing the standards for special 

frequencies or frequency bands. 

Need: This rule governs the assignment 

and use of frequencies in the 450–470 MHz 

band for low power use. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.267(b), (c) and (d) Assignment and use of 

frequencies in the 450–470 MHz band for 

low power use. 

Subpart M—Intelligent Transportation 

Systems 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 M sets forth 

requirements for stations in the intelligent 

transportation systems radio service. 

Need: This rule defines Dedicated ShortRange Communications Service (DSRCS) and 

specifies the coordination requirements for 

such services. 

Legal Basis: 47 U.S.C. 154, 303, 309 and 

332. 

Section Number and Title: 

90.371 Dedicated short range 

communications service. 

PART 95—PERSONAL RADIO 

SERVICES 

Subpart A—General Mobile Radio 

Service (GMRS) 

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 A applies to the 

General Mobile Radio Service. 

Need: The rule specifies what a General 

Mobile Radio Service license authorizes. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

95.101(d) What the license authorizes. 


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Subpart D—Citizens Band (CB) Radio 

Service 

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 D applies to the 

Citizens Band (CB) Radio Service. 

Need: The rule defines the Citizens Band 

Radio Services. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

95.401(d) (CB Rule 1) What are the Citizens 

Band Radio Services? 

Subpart E—Technical Regulations 

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 E contains technical 

regulations. 

Need: The rules specify technical 

standards for Medical Implant 

Communications Service transmitters. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

95.603(f) Certification required. 

95.628 MICS transmitter. 

95.631(h) Emission types. 

95.633(e) Emission bandwidth. 

95.639(f) Maximum transmitter power. 

Subpart F—218–219 MHz Service 

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 F sets out regulations 

governing the licensing and operation of a 

218–219 MHz system. 

Need: Section 95.807 requires applicants 

seeking authorizations for systems in the 

218–219 MHz Service to specify the 

regulatory status requested. Section 95.812 

specifies the term of a 218–219 MHz service 

system license. Section 95.823 sets forth 

rules pertaining to geographic partitioning 

and spectrum disaggregation of such licenses. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

95.807 Requesting regulatory status. 

95.812 License term. 

95.823 Geographic partitioning and 

spectrum disaggregation. 

Subpart I—Medical Implant 

Communications (MICS) 

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 I sets forth regulations 

governing the operation of Medical Implant 

Communications Service transmitters. 

Need: These rules implement the majority 

of MICS requirements. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

95.1201 Eligibility. 

95.1203 Authorized locations. 

95.1205 Station identification. 

95.1207 Station inspection. 

95.1209 Permissible communications. 

95.1211 Channel use policy. 

95.1213 Antennas. 

95.1215 Disclosure policies. 

95.1217 Labeling requirements. 

[FR Doc. 2011–6444 Filed 3–17–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

RIN 0648–XZ59 

Endangered and Threatened Species; 

Proposed Threatened Status for 

Subspecies of the Ringed Seal 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearing. 

SUMMARY: On December 10, 2010, we, 

NMFS, published a proposed rule to list 

the Arctic (Phoca hispida hispida), 

Okhotsk (Phoca hispida ochotensis), 

Baltic (Phoca hispida botnica), and 

Ladoga (Phoca hispida ladogensis) 

subspecies of the ringed seal as 

threatened under the Endangered 

Species Act of 1973, as amended (ESA). 

As part of that proposal, we announced 

a public comment period to end on 

February 8, 2011, and then extended the 

comment period to March 25, 2011. 

NMFS has received requests for public 

hearings on this issue. In response, in a 

previous notice we announced public 

hearings to be held in Anchorage and 

Barrow, AK. In addition, in this notice 

NMFS is announcing a separate hearing 

that will be held in Nome, AK, to 

provide greater opportunity for public 

comment. 

DATES: A hearing will be held on April 

5, 2011, from 4 p.m. to 7 p.m. in Nome, 

AK. Written comments must be received 

on or before March 25, 2011, or during 

the hearing in Nome. 

ADDRESSES: The April 5, 2011, hearing 

will be held at the Mini-Convention 

Center, 409 River Street, Nome, AK. 

Send written comments to Kaja Brix, 

Assistant Regional Administrator, 

Protected Resources Division, Alaska 

Region, NMFS, Attn: Ellen Sebastian. 

You may submit comments, identified 

by RIN 0648–XZ59, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. Comments will 

generally be posted without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

We will accept anonymous comments 

(enter N/A in the required fields, if you 

wish to remain anonymous). You may 

submit attachments to electronic 

comments in Microsoft Word, Excel, 

WordPerfect, or Adobe PDF file formats 

only. 

The proposed rule, status review 

report, and other materials relating to 

this proposal can be found on the 

Alaska Region Web site at: http:// 

alaskafisheries.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Tamara Olson, NMFS Alaska Region, 

(907) 271–5006; Kaja Brix, NMFS 

Alaska Region, (907) 586–7235; or Marta 

Nammack, Office of Protected 

Resources, Silver Spring, MD (301) 713– 

1401. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2010 (75 FR 77476), 

we published a proposed rule to list the 

Arctic, Okhotsk, Baltic, and Ladoga 

subspecies of the ringed seal as 

threatened under the ESA. Based on the 

status of these subspecies, we also 

proposed protective regulations 

pursuant to section 4(d) of the ESA for 

these subspecies to include all of the 

prohibitions in section 9(a)(1) of the 

ESA. The original due date for 

comments on these proposed actions 

(February 8, 2011) was extended to 

March 25, 2011 (76 FR 6754; February 

8, 2011). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS