24164 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.771(a) is revised to

read as follows:

§ 117.771 Bronx River.

(a) The draw of the Bruckner

Boulevard Bridge, mile 1.1, at the

Bronx, New York, shall open on signal

if at least a two-hour advance notice is

given to the New York City Department

of Transportation (NYCDOT) Radio

Hotline, or the NYCDOT Bridge

Operations Office. From 7 a.m. to 9 a.m.

and 4 p.m. to 6 p.m., Monday through

Friday, the bridge need not be opened

for the passage of vessels.

* * * * *

3. Section 117.793(b) is revised to

read as follows:

§ 117.793 Hutchinson River (Eastchester

Creek).

* * * * *

(b) The draw of the Hutchinson River

Parkway Bridge, mile 0.9, at the Bronx,

New York shall open on signal if at least

a two-hour notice is given to the New

York City Department of Transportation

(NYCDOT) Radio Hotline, or the

NYCDOT Bridge Operations Office.

* * * * *

4. Section 117.815 is revised to read

as follows:

§ 117.815 Westchester Creek.

The draw of the Bruckner Boulevard/

Unionport Bridge, mile 1.7, at the

Bronx, New York, shall open on signal

if at least a two-hour advance notice is

given to the New York City Department

of Transportation (NYCDOT) radio

hotline, or the NYCDOT Bridge

Operations Office. The draw need not be

opened for vessel traffic from 7 a.m. to

9 a.m. and 4 p.m. to 6 p.m., Monday

through Friday. The owner of the bridge

shall provide clearance gauges

according to the provisions of § 118.160

of this chapter.

Dated: April 12, 2000.

Robert F. Duncan,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–10266 Filed 4–24–00; 8:45 am]

BILLING CODE 4910–15–U

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1258

RIN 3095–AA87

NARA Reproduction Fee Schedule

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice of proposed rulemaking.

SUMMARY: NARA proposes to revise its

schedule of fees for reproduction of

records and other materials in the

custody of the Archivist of the United

States. This proposed rule covers

reproduction of Federal records created

by other agencies that are in the

National Archives of the United States,

donated historical materials,

Presidential records, Nixon Presidential

historical materials, certain Federal

agency records in NARA Federal

records centers, and records filed with

the Office of the Federal Register. The

fees are being changed to reflect current

costs of providing the reproductions.

This rule will affect members of the

public and Federal agencies who order

reproductions from NARA.

DATES: Comments must be received by

June 26, 2000.

ADDRESSES: Submit comments to the

Regulation Comment Desk (NPLN),

Room 4100, National Archives at

College Park, 8601 Adelphi Road,

College Park, MD 20740–6001.

Comments may also be faxed to

(301)713–7270.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard on (301)713–7360.

SUPPLEMENTARY INFORMATION:

Background

The fees for reproduction of records

in 36 CFR Part 1258 are set under the

Archivist’s authority in 44 U.S.C.

2116(c). That statute requires that, to the

extent possible, NARA recover the

actual cost of making copies of records

and other materials transferred to the

custody of the Archivist of the United

States. In determining these costs,

NARA has considered only the order

handling, materials and equipment,

shipping, and the labor costs directly

associated with making the

reproduction.

NARA last revised the reproduction

fee schedule in 1997 on the basis of a

cost study conducted in 1995 and 1996.

Since 1997, NARA costs have increased

because of higher materials and

shipping costs and mandatory cost of

living adjustments to staff salaries.

Despite these increases, the proposed

fees for many products fulfilled by mail

order will remain the same or increase

only slightly. The following sections of

this SUPPLEMENTARY INFORMATION

discuss where we are proposing

significant changes in fees.

Fees for Self-service Copies

Fees for self-service paper-to-paper

and microfilm-to-paper copies, which

represent approximately 46 percent of

our reproduction volume, must increase

by 5 cents each to recover NARA’s costs.

This is the first such increase in 10

years. The fee for self-service paper-topaper copies will be 15 cents per copy.

The fee for self-service microfilm-topaper copies will be 30 cents per copy.

Electrostatic and Microfilm Orders at

Washington, DC, Area Facilities

We are discontinuing ‘‘block’’ pricing

for standard electrostatic copy and

camera microfilm image reproduction

orders at Washington, DC, area facilities.

With this pricing, the customer paid one

fee for the initial block of copies and a

separate fee for each additional block of

copies. Unit pricing (per page)

continued to be used at all regional

facilities and Presidential libraries. This

pricing structure, imposed with the July

1997 revision of the fee schedule, was

intended to reduce the amount of time

spent by archival staff estimating the

number of pages to be copied when

preparing quotes for researchers and to

reduce the amount of time spent by the

Trust Fund staff in processing refunds

for overestimated copy counts and in

pursuing debt collection for

underestimated copy counts. However,

after years of unit pricing, our customers

found block pricing to be confusing.

Staff members found that they were now

dependent upon charts to calculate

quotes and the block sizes were not

large enough to significantly reduce the

need for accurate page counts. Finally,

NARA’s new order fulfillment system

will not support block pricing without

extensive, and expensive, customization

that would be passed on to customers.

We propose to revert to unit pricing

for these products nationwide. The

proposed unit pricing for both

electrostatic copies (50 cents per copy)

and camera microfilm images (70 cents

per image) is not changed from the 1997

unit cost on which the block prices were

based. For camera microfilm images,

there will be no significant change in

cost. Most camera microfilm customers

will pay the same or slightly less than

they pay with block pricing.

The proposed pricing for electrostatic

copies signifies no change in fee for 90

percent of the copies sold nationwide.

Customers who ordered copies from the

two NARA archival facilities in the

Washington, DC, area (10 percent of the

total copies sold nationwide) are the

only customers affected by the proposed

return to unit pricing. Under block

pricing, some orders had a discounted

per unit cost because of the way that the

blocks were priced. Generally, only

customers with larger orders (more than

40 copies) will have an increase in the

cost of their orders.

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24165

Fixed-fee Orders

NARA uses specialized forms (NATF–

80 series of forms) to handle requests for

reproductions of certain types of records

with high reference volume. Each of

these forms is used as part of a two-step

process: (1) To search for the requested

file and, if found, make copies; and (2)

to bill the requesting researcher for the

copies of the records when the search is

successful. Approximately 125,000 of

these requests are submitted to NARA

each year, of which 76,000 result in

reproductions.

We are making three changes in this

fixed fee order program. First, we

propose to discontinue the practice of

selecting documents and providing only

partial files. Now all fixed fee orders

will include the entire file. The most

dramatic impact of this change will be

that people who order military pension

files will receive much larger full files

that average 105 pages instead of a

selection of 14–20 pages. When searches

based on the current NATF Form 80,

Order for Copies of Veterans Records,

are successful, NARA’s practice has

been to select and reproduce up to 20

pages which would be of most use for

genealogical research from the file. In

order to obtain a copy of the full file, the

customer has had to prepare and send

a separate request for the remaining

documents in the file, which was

charged at the per-page price. While full

bounty land warrant application records

and military service records generally

fall within the 20-page limit, the average

military pension file is 105 pages.

Our intent is to provide all customers

with access to the complete record

responsive to their request. The

selection process is not consistent with

NARA’s overall reference practices, and

misleads some researchers that the

selected pages constitute the entire file.

Increasing numbers of genealogical

researchers have recognized that the

selected documents do not meet their

needs. Receipt of copies of selected

records often leads to requests for the

remaining pages in a file. This results in

many researchers submitting two

separate requests, doubling both the

researcher’s and NARA’s time spent on

the reference transaction and increasing

potential damage to the fragile records

through the more frequent handling.

The new procedure will immediately

give the researcher all the information

about the soldier or sailor contained in

the file. While the 14 to 20 pages that

were normally selected contained much

useful biographical information (such as

general statement of service, the names

of wives and children, birth dates, and

death dates), they by no means tell the

full story of a pensioner’s case. Medical

information about continuing ailments

resulting from war wounds or illnesses

and prolonged battles to obtain benefits

are also of great interest to family

historians. These additional records

round out the portrait of the veteran and

his family.

Second, we are replacing the NATF

Form 80, Order for Copies of Veterans

Records, with two separate new forms to

facilitate more efficient service. NATF

Form 85 (Order for Copies of Federal

Pension or Bounty Land Warrant

Applications) and NATF Form 86

(Order for Copies of Military Service

Records) will replace NATF Form 80.

This change will also help researchers

to understand the distinctions among

the three types of records. The military

service records (ordered on NATF Form

86), the bounty land warrant application

files (NATF Form 85), and the pension

files (also on NATF Form 85) share

some of the same basic facts about the

person. But military service files rarely

contain personal information other than

a physical description of the soldier

and/or medical information. They

document the soldier’s movements

during the war. Bounty land warrant

applications and pension files contain

basically the same type of information

because they were applications for the

same type of benefit. The soldier or

widow provided a statement of service

that would qualify them for the bounty

or the pension. The claim may or may

not include information about when the

soldier was married, the names and ages

of children, etc. However, the pension

files are on average larger since they

often cover a longer period of

government payments and they often

have more supporting documents over

time. In addition, the bounty land

warrant application files start after the

Revolutionary War and end in 1855.

Bounty land applications for the

Revolutionary War are combined in the

pension files and do not exist as a

separate series. The average

Revolutionary War pension file is 40

pages, including the bounty land

warrant application. Unlike the other

pension files, Revolutionary War

pension files are only available on

microfilm, which contributes to a higher

labor cost for reproduction. Each type of

file is different because it was created

for a different purpose, at a different

time, and in response to different laws

with different requirements.

In the third change, the fees for fixed

fee orders will increase for the first time

since 1991. In past fee schedules, NARA

has set a uniform fee for the NATF

Forms 80, 81, 83 and 84 that represents

a blending of the actual costs for

providing those orders. In this fee

schedule we propose to set the fees for

each type of order separately to reflect

the cost of each individual type of order.

We specifically invite your comments

on this change.

By pricing each type of file separately,

the ship passenger arrival records

(NATF Form 81) and the full bounty

land warrant application files (NATF

Form 85) are $17.25, while the land

records on the NATF Form 84 are

$17.75. Federal Census orders (NATF

Form 82) and Eastern Cherokee

applications to the Court of Claims

(NATF Form 83) are $17.50. The fee for

copies of full military service records

(NATF Form 86) will be $17.00 and the

fee for copies of full federal pension

files (NATF Form 85) will be $40.

If we set blended fees, the fee for

orders on NATF Forms 81, 82, 83, 84,

and 86 would be $17.50. The fee for

orders for full bounty land warrants on

NATF Form 85 would also be $17.50.

The fee for orders for federal pension

files on NATF Form 85 would be $40.00

under either the blended pricing or the

individual pricing approach.

Finally, we propose to make this fee

schedule effective September 1, 2000, as

we indicate in proposed § 1258.16.

Other Changes to Part 1258

We have rewritten Part 1258 in plain

language in accordance with the

Presidential Memorandum of June 1,

1998, Plain Language in Government

Writing. No substantive changes have

been made to NARA’s current policies

in proposed § § 1258.1, 1258.2, 1258.6,

1258.8, 1258.10, and 1258.14, although

existing § § 1258.4 and 1258.6 have been

combined in proposed § 1258.6.

Paperwork Reduction Act

NATF Forms 81 through 86 in this

proposed rule have been approved by

the Office of Management and Budget

under the Paperwork Reduction Act and

bear current approval numbers on the

face of the forms.

This proposed rule is a significant

regulatory action for purposes of

Executive Order 12866 of September 30,

1993, and has been reviewed by the

Office of Management and Budget. This

proposed rule does not have federalism

implications. As required by the

Regulatory Flexibility Act, it is hereby

certified that this rule will not have a

significant impact on a substantial

number of small entities because the

affected public is primarily individuals.

List of Subjects in 36 CFR Part 1258

Archives and records.

For the reasons set forth in the

preamble, NARA proposes to revise Part

24166 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

1258 of title 36, Code of Federal

Regulations, to read as follows:

PART 1258—FEES

Sec.

1258.1 What is the authority for this part?

1258.2 What does the NARA reproduction

fee schedule cover?

1258.4 What reproductions are not covered

by the NARA fee schedule?

1258.6 When does NARA provide

reproductions without charge?

1258.8 Who pays to have a copy negative

made?

1258.10 What is NARA’s mail order policy?

1258.12 NARA reproduction fee schedule.

1258.14 What is NARA’s payment policy?

1258.16 Effective date.

Authority: 44 U.S.C. 2116(c) and 2307.

§ 1258.1 What is the authority for this

part?

(a) 44 U.S.C. 2116(c) authorizes

NARA to charge a fee for making or

authenticating copies or reproductions

of materials transferred to the

Archivist’s custody.

(b) 44 U.S.C. 2307 authorizes the

Archivist of the United States, as

Chairman of the National Archives

Trust Fund Board, to prepare and

publish special works and collections of

sources and to prepare, duplicate, edit,

and release historical photographic

materials and sound recordings and sell

those publications and releases at a

price that will cover their cost, plus 10

percent.

§ 1258.2 What does the NARA

reproduction fee schedule cover?

The NARA reproduction fee schedule

in § 1258.12 covers reproduction of:

(a) NARA archival records, donated

historical materials, Presidential

records, and Nixon Presidential

historical materials except as otherwise

provided in § § 1258.4 and 1258.6. Some

reproduction services listed in § 1258.12

may not be available at all NARA

facilities;

(b) Other Federal records stored in

NARA Federal records centers, except

when NARA and the agency that

transferred the records have agreed to

apply that agency’s fee schedule; and

(c) Records filed with the Office of the

Federal Register.

§ 1258.4 What reproductions are not

covered by the NARA fee schedule?

The following categories are not

covered by the NARA fee schedule in

§ 1258.12.

(a) Still photography, including aerial

film, and oversize maps and drawings.

Information on the availability and

prices of reproductions of records held

in the Special Media Archives Services

Division (NWCS), 8601 Adelphi Rd.,

College Park, MD 20740–6001, and in

the Presidential libraries and regional

archives (see 36 CFR 1253.3 and 36 CFR

1253.7 for addresses) may be obtained

from the unit which has the original

records.

(b) Motion picture, sound recording,

and video holdings of the National

Archives and Presidential libraries.

Information on the availability of and

prices for reproduction of these

materials are available from the Special

Media Archives Services Division

(NWCS), 8601 Adelphi Rd., Room 3340,

College Park, MD 20740–6001, or from

the Presidential library which has such

materials (see 36 CFR 1253.3 for

addresses).

(c) Electronic records. Information on

the availability of and prices for

duplication are available from the

Electronic and Special Media Records

Services Division (NWME), 8601

Adelphi Rd., Room 5320, College Park,

MD 20740–6001, or from the

Presidential library which has such

materials (see 36 CFR 1253.3 for

addresses).

(d) Reproduction of the following

types of records using the specified

order form:

Type of record and order form Price

(1) Passenger arrival lists (order form NATF Form 81) .............................................................................................................................. $17.25

(2) Federal Census requests (order form NATF Form 82) ......................................................................................................................... 17.50

(3) Eastern Cherokee applications to the Court of Claims (order form NATF Form 83) ........................................................................... 17.50

(4) Land entry records (order form NATF 84) ............................................................................................................................................. 17.75

(5) Bounty land warrant application files (order form NATF Form 85) ....................................................................................................... 17.25

(6) Pension files more than 75 years old (order form NATF Form 85) ...................................................................................................... 40

(7) Military service files more than 75 years old (order form NATF Form 86) ........................................................................................... 17

(e) National Archives Trust Fund

Board publications, including microfilm

publications. Prices are available from

the Customer Service Center (NWCC2),

8601 Adelphi Rd., Room 1000, College

Park, MD 20740–6001.

(f) Reproductions of NARA

operational records made in response to

FOIA requests under part 1250 of this

chapter.

(g) Orders for expedited service

(‘‘rush’’ orders) for reproduction of still

pictures and motion picture and video

recordings among the holdings of a

Presidential library. Orders may be

accepted on an expedited basis by the

library when the library determines that

sufficient personnel are available to

handle such orders or that the NARA

contractor making the reproduction can

provide the service. Rush orders are

subject to a surcharge to cover the

additional cost of providing expedited

service.

(h) Orders requiring additional

expense to meet unusual customer

specifications such as the use of special

techniques to make a photographic copy

more legible than the original

document, or unusual format or

background requirement for negative

microfilm. Fees for these orders are

computed for each order.

§ 1258.6 When does NARA provide

reproductions without charge?

NARA does not charge a fee for

reproduction or certification in the

instances described in this section, if

the reproduction is not a color

reproduction. Color reproductions are

furnished to the public and the

Government only on a fee basis.

(a) When NARA furnishes copies of

documents to other elements of the

Federal Government. However, a fee

may be charged if the appropriate

director determines that the service

cannot be performed without

reimbursement;

(b) When NARA wishes to

disseminate information about its

activities to the general public through

press, radio, television, and newsreel

representatives;

(c) When the reproduction is to

furnish the donor of a document or

other gift with a copy of the original;

(d) When the reproduction is for

individuals or associations having

official voluntary or cooperative

relations with NARA in its work;

(e) When the reproduction is for a

foreign, State, or local government or an

international agency and furnishing it

without charge is an appropriate

courtesy;

(f) For records of other Federal

agencies in NARA Federal records

centers only:

(1) When furnishing the service free

conforms to generally established

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24167

business custom, such as furnishing

personal reference data to prospective

employers of former Government

employees;

(2) When the reproduction of not

more than one copy of the document is

required to obtain from the Government

financial benefits to which the

requesting person may be entitled (e.g.,

veterans or their dependents, employees

with workmen’s compensation claims,

or persons insured by the Government);

(3) When the reproduction of not

more than one copy of a hearing or other

formal proceeding involving security

requirements for Federal employment is

requested by a person directly

concerned in the hearing or proceeding;

and

(4) When the reproduction of not

more than one copy of a document is for

a person who has been required to

furnish a personal document to the

Government (e.g., a birth certificate

required to be given to an agency where

the original cannot be returned to the

individual).

§ 1258.8 Who pays to have a copy

negative made?

Requests for photographs of materials

for which no copy negative is on file are

handled as follows:

(a) The customer is charged to make

the copy negative, except in cases where

NARA wishes to retain the negative for

its own use.

(b) When no fee is charged the

negative becomes the property of

NARA. When a fee is charged the

negative becomes the property of the

customer.

§ 1258.10 What is NARA’s mail order

policy?

(a) There is a minimum fee of $10.00

per order for reproductions that are sent

by mail to the customer.

(b) Orders to addresses in the United

States are sent either first class or UPS

depending on the weight of the order

and availability of UPS service. When a

customer requests special mailing

services (such as Express Mail or

registered mail) and/or shipment to a

foreign address, the cost of the special

service and/or additional postage for

foreign mail is added to the cost of the

reproductions.

§ 1258.12 NARA fee schedule.

(a) Certification: $6.

(b) Electrostatic copying (in order to

preserve certain records which are in

poor physical condition, NARA may

restrict customers to photographic or

microfilm copies instead of electrostatic

copies):

Service Fee

(1) Paper-to-paper copies (up to and including 11 in. by 17 in.) made by the customer on a NARA self-service

copier.

$0.15 per copy.

(2) Paper-to-paper copies (up to and including 11 in. by 17 in.) made by NARA staff ............................................ $0.50 per copy.

(3) Oversized electrostatic copies .............................................................................................................................. $2.70 per linear foot.

(4) Electrostatic copies (22 in. by 34 in.) ................................................................................................................... $2.70 per copy.

(5) Microfilm or microfiche to paper copies made by the customer on a NARA self-service copier ......................... $0.30 per copy.

(6) Microfilm or microfiche to paper copies made by NARA staff ............................................................................. $1.90 per copy.

(c) Original negative microfilm (paper-to-microfilm): $0.70 per image.

(d) Diazo microfiche duplication: $2.50 per fiche.

(e) Self-service video copying in the Motion Picture, Sound and Video Research Room:

Service Fee

(1) Initial 90-min use of video copying station with 120-minute videocassette ......................................................... $9.75.

(2) Additional 90-minute use of video copying station with no videocassette ........................................................... $6.25.

(3) Blank 120-minute VHS videocassette .................................................................................................................. $3.50.

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