24168 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

1 In re Amendment of Part 22 of the Commission’s

Rules to Provide for Filing and Processing of

Applications for Unserved Areas in the Cellular

Service and to Modify Other Cellular Rules, CC

Docket 90–6, Third Report and Order and

Memorandum Opinion and Order on

Reconsideration, 7 FCC Rcd 7183 (1992).

(f) Self-service Polaroid prints: $5.75

per print.

(g) Unlisted processes: For

reproductions not covered by this fee

schedule, see also § 1258.4. Fees for

other reproduction processes are

computed upon request.

§ 1258.14 What is NARA’s payment

policy?

(a) Form of payment. Fees may be

paid in cash, by check or money order

made payable to the National Archives

Trust Fund, or by selected credit cards.

Payments from outside the United

States must be made by international

money order payable in U.S. dollars or

a check drawn on a U.S. bank.

(b) Timing. Fees must be paid in

advance except when the appropriate

director approves a request for handling

them on an account receivable basis.

Purchasers with special billing

requirements must state them when

placing orders and must complete any

special forms for NARA approval in

advance.

§ 1258.16 Effective date.

The fees in this part are effective on

September 1, 2000.

Dated: February 28, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–10248 Filed 4–24–00; 8:45 am]

BILLING CODE 7515–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 22

[FCC 97–110]

Cellular Service and Other Commercial

Mobile Radio Services in the Gulf of

Mexico

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Federal Communications

Commission proposes changes to its

cellular service rules for the Gulf of

Mexico Service Area (‘‘GMSA’’) and

proposes licensing and service rules for

operations in the Gulf of Mexico by

other commercial mobile radio service

providers. The proposed rule changes

should facilitate ubiquitous cellular

service along the coast of the Gulf of

Mexico and minimize interference

disputes between terrestrial and waterbased carriers.

DATES: Comments are due on or before

May 15, 2000. Reply comments are due

on or before May 30, 2000. Written

comments by the public on the

proposed information collections, are

due June 26, 2000. The Office of

Management and Budget (‘‘OMB’’) must

submit written comments on the

proposed information collection(s) on or

before June 26, 2000.

ADDRESSES: All Comments and reply

comments may be filed with Magalie

Roman Salas, Office of the Secretary,

TW–A306, Federal Communications

Commission, 445 12th Street, SW.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Davida Grant, Commercial Wireless

Division, Wireless Telecommunications

Bureau, Federal Communications

Commission, 202–418–7050, or via the

Internet at dgrant@fcc.gov. For

additional information concerning the

information collection(s) contained in

this document, contact Judy Boley at

202–418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: We

created the Gulf of Mexico Service Area

(‘‘GMSA’’) in 1983 for the provision of

cellular service in the Gulf of Mexico,

and two cellular carriers, PetroCom and

Bachow/Coastel, currently are providing

service. The rules applying to cellular

service in the Gulf have been subject to

controversy and litigation, however,

because of conflicts between the two

Gulf licensees and land-based cellular

carriers in markets adjacent to the Gulf.

These controversies have focused on the

water-based licensees’ desire to locate

their transmitters on land as well as on

attempts by land-based licensees to

extend their coverage into the Gulf. In

addition, the Gulf carriers are subject to

unique operational requirements

because their transmitters are located on

offshore oil and natural gas drilling

platforms that move from time to time.

Thus, when the platforms are relocated,

the carriers must move their

transmitters as well, thereby causing the

coverage provided by these systems to

change.

In 1992,1 the Commission determined

that the boundaries of the Gulf carriers’

service areas should be defined by the

actual coverage of their cell sites. This

approach was the same as the approach

applied to land-based cellular systems.

Thus, any area where coverage is not

provided would be considered unserved

area that could be made available for

licensing to others. The Gulf carriers

appealed this decision to the Court of

Appeals, arguing that a coverage-based

service area definition should not be

applied to them, because the platforms

on which their transmitters operate

move from location to location, unlike

land-based sites. The Gulf carriers

contended that they should be allowed

to operate throughout the Gulf without

regard to the location of their sites at

any given time.

In 1994, in response to the Gulf

carriers’ concerns, the Court of Appeals

vacated the Commission’s service area

definition insofar as it applies to the

Gulf licensees. The court held that the

Commission failed to take the Gulf

carriers’ arguments into account, and

that the Commission had failed to

adequately support its decision to apply

the same rules to water-based carriers as

it did to land-based carriers in light of

the operational challenges faced by the

Gulf carriers. In this proposed

rulemaking, we propose a new approach

to licensing in the Gulf to address the

court’s concerns. Specifically, we

propose to address the remand issue by

dividing the GMSA into two areas: a

GMSA Exclusive Zone and a GMSA

Coastal Zone. The Exclusive Zone

would consist of the majority of the

GMSA, except for coastal waters from

the shoreline to approximately 12 miles

offshore, which would be defined as the

Coastal Zone.

In the proposed Exclusive Zone, the

existing Gulf carriers would be licensed

on an exclusive basis and would be

permitted to move their transmitters

freely and modify their coverage

without having uncovered areas deemed

‘‘unserved.’’ Areas within the proposed

Coastal Zone would be available for

licensing under the Commission’s

unserved area auction rules. Thus,

under this proposal, both Gulf-based

and land-based carriers could apply to

serve an unserved portion of the Coastal

Zone, and could locate sites either on

land or on water to do so. Areas with

mutually exclusive applications would

be subject to auction. We tentatively

conclude that this approach will best

ensure that customers in coastal areas

receive seamless cellular coverage.

Filing Information

Comments and reply comments may

be filed with the FCC using the

Commission’s Electronic Comment

Filing System (‘‘ECFS’’) or by filing

paper copies. See Electronic Filing of

Documents in Rulemaking Proceedings,

63 FR 24121 (1998). Parties may also

submit an electronic comment by

Internet e-mail. Parties who choose to

file by paper must file an original and

four copies of each filing. If you want

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24169

each Commissioner to receive a copy of

your comments, you must file an

original plus eleven copies. All filings

must be sent to the Commission’s

Secretary, with Magalie Roman Salas,

Office of the Secretary, TW–A306,

Federal Communications Commission,

445 12th Street, SW., Washington, DC

20554.

Parties who choose to file by paper

should also submit their comments on

diskette. A 3.5-inch diskette formatted

in an IBM compatible format using

Microsoft Word for Windows or

compatible software Diskettes should be

submitted to: Davida Grant, Federal

Communications Commission, Wireless

Telecommunications Bureau, 445 12th

Street, SW., Room 4C–241, Washington,

DC 20554. The diskette should be

accompanied by a cover letter and

should be submitted in ‘‘read only’’

mode. The diskette should be clearly

labeled with the commenter’s name,

proceeding (including the docket

number in this case—WT Docket No.

97–112), type of pleading (comments or

reply comments), date of submission,

and the name of the electronic file on

the diskette. The label also should

include the following phrase, ‘‘Disk

Copy—Not an Original.’’ Each diskette

should contain only one party’s

pleadings, perferably in a single

electronic file. In addition, commenters

must send diskette copies to the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036.

In addition to filing comments with

the Secretary, a copy of any comments

on the information collections

contained herein should be submitted to

Judy Boley, Federal Communications

Commission, Room 1C–804, 445 12th

Street, SW., Washington, DC 20554, or

via the Internet to jboley@fcc.gov, and to

Viriginia Huth, OMB Desk Officer,

10236 NEOB, 725 17th Street, NW.,

Washington, DC 20503 or via the

Internet to vhuth@omb.eop.gov.

Paperwork Reduction Act

This rulemaking contains proposed

information collection(s) subject to the

Paperwork Reduction Act of 1995

(‘‘PRA’’). As part of its continuing effort

to reduce paperwork burden, the

Commission invites the general public

and other Federal agencies to take this

opportunity to comment on the

following information collection, as

required by the Paperwork Reduction

Act of 1995, Public Law 104–13. An

agency may not conduct or sponsor a

collection of information unless it

displays a currently valid control

number. No person shall be subject to

any penalty for failing to comply with

a collection of information subject to the

Paperwork Reduction Act (PRA) that

does not display a valid control number.

Comments are requested concerning: (a)

Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimate; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

OMB Control No.: 3060–XXXX.

Title: Notice of Public Information

Collection.

Form No.: N/A.

Type of Review: New Collection.

Respondents: Business or other forprofit.

Number of Respondents: 30.

Estimated Time Per Response: 1.25

hour.

Frequency of Response: The

frequency will vary. Respondents may

apply for unserved territory as it

becomes available.

Total Annual Burden: 37.50 hours.

Total Annual Cost: $7,500.

Needs and Uses: Two carriers are

authorized to provide cellular service in

the Gulf of Mexico. However, due to the

transitory nature of their water-based

sites and our interference rules, service

along coastal areas in the Gulf of Mexico

has been unreliable. In this rulemaking,

we propose a regulatory licensing

scheme to facilitate ubiquitous, reliable

cellular coverage along coastal areas. As

part of this scheme, we propose to

bifurcate the Gulf of Mexico into a

Coastal Zone and Exclusive Zone, and

allow both water and land-based

carriers the opportunity to provide

cellular service in the Coastal Zone.

Further, we propose to license any

unserved areas in the Coastal Zone

under our Phase II licensing rules,

which require the filing of an

application. The information collected

pursuant to this collection request will

be used to license unserved areas in the

Coastal Zone for the provision of

cellular service.

List of Subjects in 47 CFR Part 22

Communications common carriers.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

Part 22 as follows:

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for Part 22

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1083, as amended; 47 U.S.C. 154 and 303.

2. Section 22.99 is amended by

adding a definitions in alphabetical

order:

§ 22.99 Definitions.

* * * * *

GMSA Coastal Zone. The

geographical area within the Gulf of

Mexico Service Area that lies between

the coast line and a line defined by

Great Circle arcs connecting the

following points (geographical

coordinates listed as North Latitude,

West Longitude) consecutively in the

order listed:

(1) 26°00′ 97°00′

(2) 27°30′ 97°00′

(3) 28°00′ 96°30′

(4) 28°30′ 95°30′

(5) 29°00′ 94°30′

(6) 29°30′ 93°30′

(7) 29°30′ 93°30′

(8) 29°20′ 92°30′

(9) 29°20′ 91°40′

(10) 29°00′ 91°10′

(11) 28°50′ 90°50′

(12) 29°00′ 89°40′

(13) 28°40′ 89°30′

(14) 29°00′ 88°40′

(15) 30°00′ 88°30′

(16) 30°00′ 86°00′

(17) 29°10′ 85°00′

(18) 29°30′ 84°00′

(19) 28°30′ 83°00′

(20) 28°00′ 83°15′

(21) 27°00′ 83°00′

(22) 26°00′ 82°20′

(23) 25°00′ 81°30′

(24) 24°40′ 83°00′

(25) 24°00′ 83°00′

Gulf of Mexico Service Area (GMSA).

The cellular market comprising the

water area of the Gulf of Mexico,

bounded on the West, North and East by

the coast line. Coast line, for this

purpose, means the line of ordinary low

water along that portion of the coast

which is in direct contact with the open

sea, and the line marking the seaward

limit of inland waters. Inland waters

include bays, historic inland waters and

waters circumscribed by a fringe of

24170 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

islands within the immediate vicinity of

the shoreline.

* * * * *

3. Section 22.131 is amended by

revising paragraph (d)(2)(iv) to read as

follows:

§ 22.131 Procedures for mutually

exclusive applications.

* * * * *

(d) * * *

(2) * * *

(iv) Any application to expand the

CGSA of a cellular system (as defined in

§ 22.911) into unserved area, unless the

proposed expansion would be into

unserved area where the licensee

applying has, on the filing date, the

exclusive right to expand or modify its

CGSA pursuant to § 22.947 or § 22.948.

* * * * *

(1) Section 22.911 is amended by

removing the note following paragraph

(a)(6) and adding paragraph (c)(4) to

read as follows:

§ 22.911 Cellular geographic service area.

* * * * *

(c) * * *

(4) During the term of the

authorization of the first-authorized

cellular system on each channel block

in the GMSA, the licensee of that system

and the licensee of any adjacent market

cellular system on the same channel

block may agree that any service area

boundary extending into any portion of

the GMSA other than the GMSA Coastal

Zone is a part of the CGSA of the

extending system.

* * * * *

5. Section 22.912 is amended by

adding a sentence at the end of

paragraphs (b) and (c) to read as follows:

§ 22.912 Service area boundary

extensions.

* * * * *

(b) * * * Except as restricted in

paragraph (d) of this section, licensees

of the first authorized cellular systems

in the GMSA may allow SAB extensions

from the adjacent market system on the

same channel block into their CGSA

and/or unserved area in the GMSA,

other than in the GMSA Coastal Zone,

during the term of their GMSA cellular

system authorizations.

(c) * * * Except as restricted in

paragraph (d) of this section, licensees

of the first authorized cellular systems

in the GMSA that also are the applicant

or licensee on the same channel block

in the adjacent market may allow or

propose SAB extensions from their

adjacent market system into their CGSA

and/or unserved area in the GMSA,

other than in the GMSA Coastal Zone,

during the term of their GMSA cellular

system authorization.

* * * * *

6. Section 22.948 is added to read as

follows:

§ 22.948 Exclusive right to expand or

modify CGSA within the GMSA.

The licensee of the first authorized

cellular system on each channel block

in the Gulf of Mexico Service Area

(GMSA) is afforded, for the full term of

its authorization, an exclusive right to

expand or modify its CGSA anywhere

within the GMSA, other than within the

GMSA Coastal Zone.

(a) Except as provided in paragraph

(b) of this section, the FCC does not

accept applications for authority to

operate a new cellular system in any

unserved area in the GMSA, other than

unserved area within the GMSA Coastal

Zone.

(b) During the term of its

authorization, the licensee of the first

authorized cellular system on each

channel block in the GMSA may enter

into contracts with eligible parties,

allowing such parties to apply (FCC

Form 600) for a new cellular system on

that channel block in any area within

the GMSA, other than the GMSA

Coastal Zone. The FCC may grant such

applications if they are in compliance

with the rules in this part.

(1) The contracts must define the

CGSA of the subsequent cellular system

in accordance with § 22.911, including

any expansion rights ceded. If not

exercised, any such expansion rights

terminate when the authorization of the

first cellular system expires.

(2) The license term of the first

authorized cellular system on each

channel block in the GMSA is not

extended or affected in any way by the

initial authorization of any subsequent

cellular systems pursuant to paragraph

(b) of this section.

(3) The FCC will accept applications

for assignment of authorization or

consent to transfer of control of the

GMSA systems.

[FR Doc. 00–10221 Filed 4–24–00; 8:45 am]

BILLING CODE 6712–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1828 and 1852

Insurance—Partial or Total Immunity

from Tort Liability for State Agencies

and Charitable Institutions

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Proposed rule.

SUMMARY: This is a proposed rule

amending the NASA FAR Supplement

(NFS) to allow State agencies and

charitable institutions partial or total

immunity from tort liability on NASA

contracts.

DATES: Comments should be submitted

on or before June 26, 2000.

ADDRESSES: Interested parties should

submit written comments to Richard

Kall, NASA Headquarters, Office of

Procurement, Contract Management

Division (Code HK), Washington, DC

20546. Comments may also be

submitted by e-mail to

r.kall@hq.nasa.gov.

FOR FURTHER INFORMATION CONTACT:

Richard Kall, NASA, Office of

Procurement, Contract Management

Division (Code HK), (202) 358–0459.

SUPPLEMENTARY INFORMATION:

A. Background

The 1990 edition of the Federal

Acquisition Regulation (FAR) provided

in Subpart 28.311–2, Contract clause,

the use of Alternates I and II to clause

52.228–7, Insurance—Liability to Third

Persons, to allow State agencies and

charitable institutions partial or total

immunity from tort liability. The

appropriate alternate could be used

when provision 52.228–6, Insurance—

Immunity From Tort Liability, was

included in the solicitation. However,

the 1997 edition of the FAR deleted all

references in 28.311–2 relating to tort

liability, and also deleted the provision

and clause alternates. NASA now finds

that the Agency has a need for these

clauses and provision.

B. Regulatory Flexibility Act

NASA certifies that this proposed rule

will not have a significant economic

impact on a substantial number of small

business entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.)

because it does not impose any new

requirements.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed changes

to the NFS do not impose any record

keeping or information collection

requirements, or collections of

information from offerors, contractors,

or members of the public that require

the approval of the Office of

Management and Budget under 44

U.S.C. 3501, et seq.