26202 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices

FEDERAL COMMUNICATIONS

COMMISSION

[DA 00–912]

Year 2000 Deadline for Compliance

With Commission’s Regulations

Regarding Human Exposure to

Radiofrequency Emissions

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: The Commission released a

document on April 27, 2000, that

reminds all of the Commission’s

licensees and grantees of the impending

deadline for ensuring compliance with

provisions of the Commission’s rules. It

is the responsibility of the licensee or

grantee to either take action to bring the

facility, operation or device into

compliance or file an Environmental

Assessment (EA) with the Commission

no later than September 1, 2000. After

September 1, 2000, if any facility,

operation or device is found not to be

in compliance with the Commission’s

RF exposure guidelines, and if the

required EA has not been filed, the

Commission will consider this to be a

violation of its rules resulting in

possible fines, forfeiture or other actions

deemed appropriate by the Commission.

FOR FURTHER INFORMATION CONTACT:

Robert Cleveland, Office of Engineering

and Technology, (202) 418–2422.

SUPPLEMENTARY INFORMATION: This is a

summary of the text of the Public

Notice, DA 00–912, released April 27,

2000. The document is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center, Room CY–A257,

445 12th Street, SW, Washington, DC,

and also may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

(202) 857–3800, 1231 20th Street, NW

Washington, DC 20036.

Summary of Public Notice

1. On August 25, 1997, the

Commission adopted the second of two

Orders finalizing its rules regarding

compliance with safety limits for human

exposure to radiofrequency (RF)

emissions, 62 FR 47960, September 12,

1997. The effective dates for

implementation of the revised rules

were August 1, 1996, for devices subject

to equipment authorization, such as

cellular and PCS telephones, and

October 15, 1997, for other transmitting

facilities and operations (except the

Amateur Radio Service for which the

effective date was January 1, 1998). For

devices, facilities and operations

authorized or licensed by the

Commission prior to the appropriate

effective date, the following provision

was adopted in reference to 47 CFR

1.1307(b)(1) through 1.1307(b)(3): ‘‘All

existing transmitting facilities,

operations and devices regulated by the

Commission must be in compliance

with the requirements of paragraphs

(b)(1) through (b)(3) of this section by

September 1, 2000, or, if not in

compliance, file an Environmental

Assessment as specified in

§ § 1.1307(b)(5) and 1.1311.’’ If such an

Environmental Assessment (‘‘EA’’) is

required, the obligation to file it would

fall upon the licensee presently holding

the permit or license to transmit, or the

party presently holding the grant of

equipment authorization.

2. An EA is a formal document

required by the National Environmental

Policy Act whenever an action may

have a significant environmental

impact. Section 1.1311 of the

Commission’s rules, 47 CFR 1.1311,

explains what information must be

included in an EA. The Commission’s

rules require that EAs accompany

applications for licenses, renewals or

other Commission actions when there is

evidence of environmental impact for a

variety of categories. An EA would be

considered by the Commission to

determine whether the environmental

impact described is significant and

whether further action is needed to

minimize or eliminate the

environmental effect. Filing procedures

for EAs may vary depending on the

specific authorizing bureau or office.

Information on specific filing

procedures can be obtained at the

appropriate Web site address or phone

number found at the end of this notice.

With respect to antennas located on

fixed structures, filers of EAs should be

aware that non-RF environmental issues

must be addressed in any EA filed with

the Commission in accordance with the

requirements of § 1.1311 and the

Commission’s environmental rules in

§ § 1.1301 thorugh 1.1319.

3. The purpose of this Public Notice

is to remind all of the Commission’s

licensees and grantees of the impending

September 1 deadline for ensuring

compliance with these provisions of its

rules. Therefore, if an existing facility,

operation or device of a licensee or

grantee is not in compliance with the

provisions of 47 CFR 1.1307(b)(1)

through (b)(3), it is the responsibility of

the licensee or grantee to either take

action to bring the facility, operation or

device into compliance or file an EA

with the Commission no later than

September 1, 2000. After September 1,

2000, if any facility, operation or device

is found not to be in compliance with

the Commission’s RF exposure

guidelines, and if the required EA has

not been filed, the Commission will

consider this to be a violation of its

rules resulting in possible fines,

forfeiture or other actions deemed

appropriate by the Commission. With

respect to antennas located on fixed

structures, it is the responsibility of the

respective licensees, not tower owners,

to undertake an environmental

evaluation and file EAs, if required, due

to non-compliance with our RF rules.

4. It is important to note that the

Commission’s RF exposure rules apply

to all facilities, operations and devices

regulated by the Commission. While a

given facility, operation or device might

be categorically excluded from routine

evaluation for RF exposure by

§ 1.1307(b)(1) of our rules, it must still

comply with the FCC’s exposure

guidelines.

5. Consumers should be aware that

hand-held cellular and PCS telephones

that were authorized by the FCC after

the August 1, 1996, effective date have

been evaluated for compliance with FCC

guidelines for safe exposure.

Furthermore, PCS devices subject to

equipment authorization have been

required to comply with our RF

guidelines since 1994. This means that

a large number, if not the majority, of

cellular and PCS telephones now in use

in the United States have already been

evaluated for compliance with the FCC’s

RF exposure limits. To the extent that a

wireless handset received an FCC

authorization prior to the August 1,

1996, effective date, and is still being

produced and marketed, manufacturers

of such handsets will be required to file

EAs if the handset in question is not in

compliance with the FCC’s RF

guidelines.

6. Further information on the

Commission’s RF exposure rules and on

evaluating compliance with FCC RF

guidelines may be found at the

Commission’s RF Safety Web page:

www.fcc.gov/oet/rfsafety. In particular,

the Office of Engineering and

Technology’s OET Bulletin 65 and

supplements to this bulletin (all

available at the Web Site for viewing

and downloading) offer detailed

guidance on evaluating compliance.

Requests for information or copies of

these documents can also be directed to

the FCC’s RF Safety Program in the

Office of Engineering and Technology,

(202) 418–2464 or by e-mail to:

rfsafety@fcc.gov.

7. For information on specific filing

procedures for EAs, licensees and

grantees should consult the following

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices 26203

Web Sites or contact the appropriate

FCC office or bureau:

• Wireless Telecommunications

Bureau: www.fcc.gov/wtb; Irene

Griffith: (202) 418–1315.

• Mass Media Bureau: www.fcc.gov/

mmb; FM (Brian Butler): (202) 418–

2700;

• AM (Joseph Szczesny): (202) 418–

2700; TV (John Morgan): (202) 418–

1600.

• International Bureau: www.fcc.gov/

ib; (202) 418–2222.

• Office of Engineering and

Technology: www.fcc.gov/oet; (202)

418–2464.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–11237 Filed 5–4–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

[CC Docket No. 96–237; FCC 00–140]

Implementation of Infrastructure

Sharing Provisions in the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: In this document, the Federal

Communications Commission affirms in

part and modifies in part its original

Report and Order implementing section

259 of the Telecommunications Act of

1996 (‘‘1996 Act’’). This action is taken

to respond to Petitions for

Reconsideration that were received by

the Commission following release of its

original Report and Order. By affirming

and clarifying its original Report and

Order, the Commission provides parties

negotiating section 259 arrangements

with a better understanding of their

responsibilities.

FOR FURTHER INFORMATION CONTACT:

Gregory Guice, Industry Analysis

Division, Common Carrier Bureau, at

(202) 418–0095.

SUPPLEMENTARY INFORMATION: This is a

summary of the Order on

Reconsideration released April 27, 2000

(FCC 00–140). The full text of the Order

on Reconsideration is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room CY–A257, 445 12th Street,

SW, Washington, DC 20554. The

complete text also may be purchased

from the Commission’s copy contractor,

International Transcription Service, Inc.

(202) 857–3800, 1231 20th Street, NW,

Washington, DC 20037. Additionally,

the complete item is available on the

Commission’s website at <http://

www.fcc.gov/Bureaus/

CommonlCarrier/Orders/2000>.

Synopsis of the Inquiry

1. In the document summarized here,

the Federal Communications

Commission affirms in part and clarifies

in part its original Report and Order

implementing section 259 of the

Telecommunications Act of 1996 (‘‘1996

Act’’). In the 1996 Act, Congress moved

to restructure the local

telecommunications market by

removing legal, regulatory, and

economic impediments to competition

that sustain a monopoly environment.

As part of this restructuring, Congress

adopted section 259, which requires

incumbent LECs to make available,

under certain conditions, public

switched network infrastructure and

other capabilities to a carrier requesting

access, or a ‘‘qualifying carrier,’’ that is

providing telephone exchange service

outside the incumbent LEC’s area. On

February 7, 1997, the Commission

promulgated general rules and

guidelines to define the obligations

imposed by section 259.

Implementation of Infrastructure

Sharing Provisions in the

Telecommunications Act of 1996, 62 FR

9704 (Mar. 4, 1997) (‘‘Infrastructure

Sharing Order’’). Recognizing that a

qualifying carrier may not use the

facilities or functions of the incumbent

LEC to compete in the incumbent’s

telephone exchange area, as is the case

in other market opening provisions of

the 1996 Act such as sections 251 and

252, the Infrastructure Sharing Order

adopted an approach that depends in

large part on negotiations among the

interested parties.

2. Specifically in this Order on

Reconsideration, the Commission

affirms its decision to implement

section 259 through a negotiation-driven

approach that relies on parties to reach

mutually-satisfactory terms for

infrastructure sharing. It further affirms

its decision to not rely on definitions

that are restrictively based on

perceptions of present network

requirements, and therefore, affirms that

things which might be characterized as

‘‘services’’ by the incumbent LEC are

not per se excluded from section 259

arrangements.

3. The Commission modifies,

however, the Infrastructure Sharing

Order in the following manner. First,

the Commission clarifies that because

259(b)(6) prevents qualifying carriers

from using section 259-requested

infrastructure to compete with the

providing incumbent LEC in its

telephone exchange area, ‘‘resale,’’ as

that term is used in conjunction with

section 251 of the 1996 Act, is not

permitted under section 259

arrangements. Second, the Commission

clarifies that nothing in its rules would

require an incumbent LEC to make

available the intellectual property of

third parties without necessary

licensing or in violation of existing

licensing agreements. Third, the

Commission modifies the Infrastructure

Sharing Order by placing the primary

burden to obtain third-party intellectual

property and licensing rights on the

carrier requesting access to the

incumbent LECs infrastructure.

However, the Commission requires that

incumbent LECs engage in good faith

efforts, whenever requested, to help

resolve intellectual property and

licensing disputes between qualifying

carriers and third-party vendors.

4. Finally, the Commission rejects a

petition by MCI requesting the

Commission exercise pricing authority

and mandate particular prices for shared

infrastructure obtained by qualifying

carriers pursuant to section 259.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–11238 Filed 5–4–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request

ACTION: Notice and request for

comments.

SUMMARY: The Federal Emergency

Management Agency has submitted the

following proposed information

collection to the Office of Management

and Budget for review and clearance in

accordance with the requirements of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507).

Title: Make Your Mark on the

Floodplain—High Water Mark Form.

Type of Information Collection:

Extension of a currently approved

collection.

OMB Number: 3067–0268.

Abstract: The Federal Emergency

Management Agency (FEMA) has

entered into a partnership with the U.S.

Army Corps of Engineers (COE) in the

Portland District to assist the Agency in

providing floodplain management

assistance at the most basic and needed

level, that of local floodplain managers