**GAO-02-990R**                      Jul 25, 2002                  

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## Highlights

GAO reviewed the Federal Communications Commission (FCC) new rule on ultra-wideband transmission systems. GAO noted that: (1) the final rule revises the FCC's rules to permit the marketing and operation of certain types of new products incorporating ultra-wideband technology; and (2) with the exception of a 60-day delay in the effective date, FCC complied with applicable requirements in promulgating the rule.

##  Federal Communications Commission: Ultra-Wideband Transmission Systems, GAO-02-990R, July 25, 2002

B-290985July 25, 2002The Honorable Ernest F. Hollings     Chairman     The Honorable John McCain     Ranking Minority Member     Committee on Commerce, Science, and Transportation     United States SenateThe Honorable W.J. Billy Tauzin     Chairman     The Honorable John D. Dingell     Ranking Minority Member     Committee on Energy and Commerce     House of Representatives     Subject:Federal Communications Commission: Ultra-Wideband Transmission SystemsPursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Communications    Commission (FCC), entitled Ultra-Wideband Transmission Systems (ET Docket No. 98-153; FCC 02-48).  We received the rule on July 11, 2002.  It was published in the Federal    Register as a final rule on May 16, 2002.  67 Fed. Reg. 34852.     The final rule revises the FCC's rules to permit the marketing and operation of certain types of new products incorporating ultra-wideband technology.     The final rule has an announced effective date of July 15, 2002.  The Congressional Review Act requires a 60-day delay in the effective date of a major rule from the date of publication in    the Federal Register or receipt of the rule by Congress, whichever is later.  5 U.S.C. 801(a)(3)(A).  The Senate did not receive the rule until July 11, 2002.  Therefore, the rule    does not have the required 60-day delay in its effective date for congressional review.     Enclosed is our assessment of the FCC's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.  Our review indicates    that, with the exception of the 60-day delay in the effective date, the FCC complied with the applicable requirements.     If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210.  The official responsible for GAO evaluation work relating to the    subject matter of the rule is John Anderson, Managing Director, Physical Infrastructure.  Mr. Anderson can be reached at (202) 512-2834.                 signed     Kathleen E. Wannisky     Managing Associate General Counsel     Enclosurecc: Geraldine Matise     Deputy Chief, Policy and Rules Division     Federal Communications Commission            ENCLOSURE     ANALYSIS UNDER 5 U.S.C.  801(a)(1)(B)(i)-(iv) OF A MAJOR RULE     ISSUED BY THE     FEDERAL COMMUNICATIONS COMMISSION     ENTITLED     "ULTRA-WIDEBAND TRANSMISSION SYSTEMS"     (ET DOCKET NO. 98-153; FCC 02-48)(i) Cost-benefit analysis     The FCC's submission to our Office stated that it was not required to prepare and did not prepare a cost-benefit analysis of the final rule.(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C.  603-605, 607, and 609     The FCC has certified that the final rule will not have a significant economic impact on a substantial number of small entities.(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.  1532-1535     As an independent regulatory agency, the FCC is not subject to title II of the Unfunded Mandates Reform Act of 1995.(iv) Other relevant information or requirements under acts and executive orders     Administrative Procedure Act, 5 U.S.C.  551 etseq.     The FCC promulgated the final rule using the notice and comment procedures found at 5 U.S.C. 553.  A notice of proposed rulemaking was published in the Federal Register on June 14,    2000.  65 Fed. Reg. 37332.  In response to the notice, the FCC received 159 comments and 80 reply comments, which comments were considered in the issuance of the final rule.     Paperwork Reduction Act, 44 U.S.C.  3501-3520     The information collection contained in the final rule has been approved by the Office of Management and Budget and assigned OMB Control No. 3060-1015.     Statutory authorization for the rule     The final rule is issued pursuant to the authority contained in sections 4(i), 302, 303(e), 303(f), 303(r), 304, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),    302, 303(e), 303(f), 303(r), 304, and 307.     Executive Order No. 12866     As the rule is promulgated by an independent regulatory agency, it is not subject to the review requirements of the order.

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