66232 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

1 47 CFR 1.1200 et seq. 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[CB Docket No. 23–283; DA 23–710; FR ID 

170395] 

Possible Revision or Elimination of 

Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Regulatory review; comments 

requested. 

SUMMARY: In this document, the Federal 

Communication Commission (FCC or 

Commission) invites the general public 

to comment on the Commission’s rules 

to be reviewed pursuant to the 

Regulatory Flexibility Act of 1980, as 

amended. The purpose of the review is 

to determine whether Commission rules 

that the FCC adopted in calendar years 

2007–2012 should be continued without 

change, amended, or rescinded in order 

to minimize any significant impact the 

rule(s) may have on a substantial 

number of small entities. Upon 

receiving 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), or retain the rule(s) 

without modification. 

DATES: Comments may be filed on or 

before November 27, 2023. 

ADDRESSES: You may submit comments, 

identified by CB Docket No. 23–283 by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

See https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Joy 

Ragsdale, Director, Office of 

Communications Business 

Opportunities, 202–418–1697, 

OCBOInfo@fcc.gov or visit www.fcc.gov/ 

ocbo. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Public 

Notice document in CB Docket No. 23– 

283, DA 23–710, released on August 17, 

2023. The full version of this document 

can be located at https://docs.fcc.gov/ 

public/attachments/DA-23-710A1.pdf. 

Annually, the Commission will 

publish a list of 10-year-old rules for 

review and comment by interested 

parties pursuant to section 610 of the 

RFA. 

Synopsis 

By the Public Notice document, the 

Office of Communications Business 

Opportunities announces the Federal 

Communications Commission’s 

(Commission) plan to review rules the 

agency adopted in calendar years 2007– 

2012 that have or will have a significant 

economic impact on a substantial 

number of small entities. Section 610 of 

the Regulatory Flexibility Act (RFA), 5 

U.S.C. 610, requires the Commission to 

determine whether such rules should be 

continued without change, amended, or 

rescinded, consistent with the stated 

objectives of applicable statutes, to 

minimize any significant economic 

impact of the rules upon a substantial 

number of small entities. The Appendix 

of the Public Notice document lists the 

rules the Commission will review 

during the next 12 months. Annually, 

the Commission will publish a list for 

the review of rules promulgated 10 

years preceding the year of review. 

The Commission will consider the 

following factors in reviewing each rule 

in a manner consistent with section 

610(b) of the RFA: 

(a) The continued need for the rule; 

(b) The nature of complaints or 

comments from the public concerning 

the rule; 

(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. 

The Appendix of the Public Notice 

document includes a brief description, 

the need for and legal basis of each rule. 

The Commission invites the general 

public to comment on these rules in 

accordance with the instructions below. 

The Commission will consider all 

relevant and timely filed comments 

before it takes final action in this 

proceeding. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

The proceeding this document 

initiates shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules.1

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 


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2 47 U.S.C. 160(c) (‘‘Any telecommunications 

carrier, or class of telecommunications carriers, may 

submit a petition to the Commission requesting that 

the Commission exercise the authority granted 

under this section with respect to that carrier or 

those carriers, or any service offered by that carrier 

or carriers.’’). 

3The President signed the Truth in Caller ID Act 

into law on December 22, 2010. Truth in Caller ID 

Act of 2009, Public Law 111–331, codified at 47 

U.S.C. 227(e). 4 47 U.S.C. 159(a)(2). 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Federal Communications Commission. 

Joy Ragsdale, 

Director, Office of Communications Business 

Opportunities. 

■ The Federal Communications 

Commission (Commission) will review 

the rules below pursuant to the 

Regulatory Flexibility Act of 1980, as 

amended, 5 U.S.C. 610, for the 10-year 

period beginning in January 2007 and 

ending December 2012. All of the rules 

listed below are in Title 47 of the Code 

of Federal Regulations. 

PART 1—PRACTICE AND 

PROCEDURE 

Subpart A—General Rules of Practice 

and Procedures—Forbearance 

Proceedings 

Brief Description: These rules 

establish procedures for the submission 

and handling of petitions for 

forbearance filed pursuant to section 10 

of the Communications Act of 1934, as 

amended.2 In particular, the rules 

require that forbearance petitions be 

‘‘complete as filed’’ and establish 

procedures to ensure that forbearance 

petitions are addressed in a timely, 

equitable, and predictable manner. 

Further, a forbearance petition may no 

longer be withdrawn or significantly 

narrowed by the petitioner without 

Commission authorization after the 

tenth business day after the due date for 

reply comments. 

Need: These rules implement 

procedures for handling forbearance 

petitions in a manner that is frontloaded, actively managed, transparent, 

and fair. 

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

154(j), 155(c), 160, 201, and 303(r). 

Section Number and Title: 

1.55 Public notice of petitions for 

forbearance. 

1.56 Motions for summary denial of 

petitions for forbearance. 

1.57 Circulation and voting of 

petitions for forbearance. 

1.58 Forbearance petition quiet 

period prohibition. 

1.59 Withdrawal or narrowing of 

petitions for forbearance. 

Brief Description: These rule sections 

implement the Truth in Caller ID Act of 

2009,3 and prohibit any person or entity 

from knowingly spoofing caller 

identification information with the 

intent to defraud, cause harm, or 

wrongfully obtain anything of value. 

Sections 1.80(a)(4), (b)(3) and (c) 

establish forfeiture provisions for 

violations of the Truth in Caller ID Act 

or the Commission’s rules under the 

Truth in Caller ID Act. 

Need: These rule sections carry out 

the Commission’s statutory obligation to 

implement the Truth in Caller ID Act. 

Legal Basis: Section 2 of the Truth in 

Caller ID Act of 2009, Public Law 11– 

331. 47 U.S.C. 151, 154(i), 154(j), 227, 

and 303(r). 

Section Number and Title: 

1.80(a)(4), (b)(3), (c) Forfeiture 

Proceedings. 

Subpart E—Complaints, Applications, 

Tariffs, and Reports Involving 

Common Carriers 

Brief Description: Section 1.767 of the 

Commission’s rules sets forth the 

application filing requirements for 

submarine cable landing licenses. 

During the relevant review period, the 

Commission amended the cable landing 

license application rules and 

application procedures to require 

applicants to certify their compliance 

with the Coastal Zone Management Act 

of 1972 (CZMA). 

Need: The rules are needed to ensure 

that Commission processing of certain 

submarine cable landing license 

applications comports with the 

consistency review procedures specified 

in the CZMA. 

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

154(j), 155, 157, 225, 303(r), and 309. 

Section Number and Title: 

1.767(a)(10) note, (j), (k)(4) Cable 

landing licenses. 

Subpart G—Schedule of Statutory 

Charges and Procedures for Payment 

Brief Description: These rules specify 

the schedule of annual regulatory fees 

and filing locations for the designated 

payors. 

Need: Congress sets the amount the 

Commission must collect each year in 

the Commission’s fiscal year 

appropriations. Section 9(a)(2) of the 

Communications Act of 1934, as 

amended (Act) requires the Commission 

to collect fees sufficient to offset the 

amount appropriated.4 These rules 

specify the fees for the Commission’s 

regulatees. 

Legal Basis: 47 U.S.C. 159. 

Section Number and Title: 

1.1102 Revised—Schedule of 

charges for applications and other 

filings in the wireless 

telecommunications services. 

1.1103 Revised—Schedule of 

charges for experimental radio services. 

1.1104 Revised—Schedule of 

charges for applications and other 

filings for media services. 

1.1105 Revised—Schedule of 

charges for applications and other 

filings for the wireline competition 

services. 

1.1106 Revised—Schedule of 

charges for applications and other 

filings for the enforcement services. 

1.1107 Revised—Schedule of 

charges for applications and other 

filings for the international services. 

1.1108 Reserved. 

1.1109 Revised—Schedule of 

charges for applications and other 

filings for the Homeland services. 

1.1110 [correctly redesignated as 

1.112]; new 1.1110 correctly added

Attachment of charges. 

1.1111 [correctly redesignated as 

1.113]; new 1.1111 correctly added

Payment of charges. 

1.1112 [correctly redesignated as 

1.114]; new 1.1112 correctly added

Form of payment. 

1.1113 [correctly redesignated as 

1.115]; new 1.1113 correctly added

Filing locations. 

1.1114 Conditionality of 

Commission or staff authorizations. 

1.1115 Return or refund of charges. 

1.1116 General exemptions to 

charges. 

1.1117 Adjustments to charges. 

1.1118 Penalty for late or 

insufficient payments. 

1.1119 Petitions and applications for 

review. 

1.1120 [correctly redesignated from 

1.1118]; (a) revised Error claims. 

1.1121 [correctly redesignated from 

1.1119]; (b) revised Billing procedures. 

1.1152 Revised—Schedule of annual 

regulatory fees for wireless radio 

services. 


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1.1153 Revised—Schedule of annual 

regulatory fees and filing locations for 

mass media services. 

1.1154 Revised—Schedule of annual 

regulatory charges for common carrier 

services. 

1.1155 Revised—Schedule of 

regulatory fees for cable television 

services. 

1.1156 Revised; Eff. Date corrected; 

Revised—Schedule of regulatory fees for 

international services. 

1.1164 (c) Revised—Penalties for 

late or insufficient regulatory fee 

payments. 

1.1166 (b) Revised—Waivers, 

reductions and deferrals of regulatory 

fees. 

1.1166 (d) Amended—Waivers, 

reductions and deferrals of regulatory 

fees. 

Subpart X—Spectrum Leasing 

Brief Description: These rules pertain 

to spectrum leasing arrangements 

between licensees in the services 

identified in this subpart and spectrum 

lessees. 

Need: These rules extend the 

Commission’s secondary market 

spectrum manager spectrum leasing 

policies, procedures, and rules that 

apply to wireless terrestrial services to 

terrestrial services provided using the 

Ancillary Terrestrial Component (ATC) 

of a Mobile Satellite Service (MSS) 

system. 

Legal Basis: 15 U.S.C. 79 et seq.; 47 

U.S.C. 151, 154(i), 154(j), 155, 157, 225, 

303(r), and 309. 

Section Number and Title: 

1.9001 Purpose and scope. 

1.9005 Included services. 

1.9020 Spectrum manager leasing 

arrangements. 

1.9049 Special Provisions relating to 

spectrum leasing arrangements 

involving the Ancillary Terrestrial 

Component of Mobile Satellite Services. 

Subpart AA—Competitive Bidding for 

Universal Service Support 

Brief Description: These rules set forth 

procedures for competitive bidding to 

determine the recipients of universal 

service support pursuant to part 54 and 

the amount(s) of support that each 

recipient respectively may receive, 

subject to post-auction procedures, 

when the Commission directs that such 

support shall be determined through 

competitive bidding. The rules establish 

requirements for applications to 

participate in competitive bidding, 

restrict certain communications during 

the competitive process, and establish a 

winning bidder’s obligation to apply for 

support. 

Need: These rules implement 

competitive bidding processes for the 

allocation of high-cost universal service 

support, helping to ensure the most 

efficient and effective use of public 

resources. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303(r), 332, 403, and 1302. 

Section Number and Title: 

1.21000 Purpose. 

1.21001 Participation in competitive 

bidding for support. 

1.21002 Prohibition of certain 

communications during the competitive 

bidding process. 

1.21003 Competitive bidding 

process. 

1.21004 Winning bidder’s obligation 

to apply for support. 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

Subpart B—Allocation, Assignment, 

and Use of Radio Frequencies 

Brief Description: Section 2.106 

contains the Table of Frequency 

Allocations, which specifies the Federal 

and non-Federal radio services that may 

operate in certain frequency bands, as 

well as the operating conditions for each 

service, including power limits and 

coordination procedures. Footnote US23 

governs Amateur Radio Service 

operations in the 5330.5–5406.4 kHz 

band. Footnote US64 governs Medical 

Device Radiocommunication Service 

(MedRadio) operations in the 401–406 

MHz, 413–419 MHz, 426–432 MHz, 

438–444 MHz, and 451–457 MHz bands. 

Footnote US338 governs Wireless 

Communications Service (WCS) 

operations in the 2305–2320 MHz band. 

Need: The Table of Frequency 

Allocations is needed to allow Federal 

and non-Federal services to operate 

safely and without causing harmful 

interference. The Table is amended 

frequently to revise existing allocations 

and add new allocations, generally 

promoting more efficient and 

productive use of radio spectrum. 

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

and 336. 

Section Number and Title: 

2.106 US23, US64, US338 Table of 

Frequency Allocations. 

Brief Description: Part 2 contains the 

Commission’s Table of Frequency 

Allocations as well as terminology and 

rules governing bandwidths, call signs, 

and other transmission identifiers, 

distress, disaster and emergency 

communications, prohibition against 

use of radio devices for eavesdropping, 

and marketing of radio-frequency 

devices. 

Need: Part 2 rules establish the 

allocations for spectrum use. 

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

and 336. 

Section Number and Title: 

2.106 Table of Frequency 

Allocations. 

Subpart J—Equipment Authorization 

Procedures 

Brief Description: Section 2.1093 

specifies which portable devices must 

undergo radiofrequency (RF) radiation 

exposure evaluation and 2.1093(c) 

specifies how that evaluation must be 

done. 

Need: These rules are needed to 

satisfy the Commission’s 

responsibilities under the National 

Environmental Policy Act to evaluate 

the environmental significance of its 

actions and to minimize the chance of 

harmful interference. 

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

and 336. 

Section Number and Title: 

2.1093(c) Radiofrequency radiation 

exposure evaluation: portable devices. 

Subpart K—Importation of Devices 

Capable of Causing Harmful 

Interference 

Brief Description: Section 2.1204 

specifies the conditions under which RF 

devices may be imported into the 

United States. Section 2.1204(a)(9) 

governs medical implant transmitters, 

specifying that these devices must either 

comply with the Part 95 rules or be only 

for the personal use of the person in 

whom the device has been inserted or 

on whom the body-worn device is 

applied. 

Need: These rules are needed to 

prevent unauthorized and noncomplaint RF devices from being 

imported into the United States and 

causing harmful interference. 

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

and 336. 

Section Number and Title: 

2.1204(a)(9) Import conditions. 

PART 4—DISRUPTIONS TO 

COMMUNICATIONS 

Brief Description: These rules 

expanded the Commission’s existing 

Part 4 outage reporting requirement to 

include a new class of providers— 

Interconnected Voice over internet 

Protocol. They also provide for the 

appropriate thresholds for outage 

impact and duration to trigger reporting 

obligations to the Commission. 

Need: These provisions support the 

Commission’s statutory obligations to 

ensure the public safety can make 


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emergency calls by ensuring the 

integrity and reliability of the Nation’s 

communications networks and the 

service those in need use to reach 911. 

The expansion and continued use of IPbased voice protocols for consumer 

calling, particularly in emergencies, 

underscores the relevance of these 

provisions. 

Legal Basis: Sec. 5, 48 Stat. 1068, as 

amended; 47 U.S.C. 154, 155, 201, 251, 

307, 316, 615a–1, 1302(a), and 1302(b). 

Section Number and Title: 

4.3 Communications Providers 

Covered by the Requirements of this 

Part. 

4.7 Definitions of metrics used to 

determine the general outage-reporting 

threshold criteria. 

4.9 Outage reporting requirements— 

threshold criteria. 

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, subpart A 

implements section 255 of the 

Telecommunications Act to ensure that 

people with disabilities have access to 

telecommunications services and 

related equipment, if readily achievable. 

These rules increase the accessible 

products and services available in the 

marketplace. section 255 of the Act 

requires manufacturers of 

‘‘telecommunications equipment or 

customer premises equipment’’ to 

ensure that such equipment is 

accessible to and usable by individuals 

with disabilities, if readily achievable, 

and requires providers of a 

‘‘telecommunications service’’ to ensure 

that the service is accessible to and 

usable by individuals with disabilities, 

if readily achievable. In 2007, the rules 

were amended by adding paragraphs (d) 

and (e) to § 6.1, extending those 

disability access requirements that 

applied to telecommunications service 

providers and equipment manufacturers 

under section 255 of the Act and 47 CFR 

part 6, to providers of ‘‘interconnected 

Voice over internet Protocol (VoIP) 

services,’’ as defined by the 

Commission, and to manufacturers of 

specially designed equipment used to 

provide those services. 

Need: The added rules extend the 

disability access requirements that 

applied to telecommunications service 

providers and equipment manufacturers 

under section 255 of the 

Communications Act of 1934, as 

amended, to providers of 

‘‘interconnected Voice over internet 

Protocol services,’’ as defined by the 

Commission, and to manufacturers of 

specially designed equipment used to 

provide those services. 

Legal Basis: 47 U.S.C. 151–154, 251, 

255, and 303(r). 

Section Number and Title: 

6.1(d) Applicability. 

6.1(e) Applicability. 

Subpart B—Definitions 

Brief Description: Part 6, Subpart B 

implements sections 251 and 255 of the 

Communications Act of 1934, as 

amended. In adopting section 255, 

Congress sought to ensure that all 

Americans, including Americans with 

disabilities, benefit from advances in 

telecommunications services and 

equipment. Section 255 requires 

providers of telecommunications 

services and manufacturers of 

telecommunications equipment or 

customer premises equipment to ensure 

that such services and equipment are 

accessible to and usable by individuals 

with disabilities, if readily achievable. 

Section 251(a)(2) of the Act prohibits 

telecommunications carriers from 

installing network features, functions, or 

capabilities that do not comply with the 

guidelines and standards established 

pursuant to section 255. These rules 

clarify who must comply with 

requirements covering 

telecommunications equipment and 

services and define certain terms related 

to those manufacturers and service 

providers to which the rules apply. 

Need: The rules are intended to 

facilitate communication by persons 

with disabilities by ensuring that all 

commonly used communications 

equipment and services are available to 

and accessible by individuals with 

disabilities, including recently 

developed equipment and services, such 

as equipment and service used with 

Voice over internet Protocol (VoIP). 

Legal Basis: 47 U.S.C. 151, 152, 251, 

255, and 303(r). 

Section Number and Titles: 

6.3(c), (e), (j), (k) Definitions. 

PART 8—INTERNET FREEDOM 

Brief Description: Section 8.11(a) 

provides a definition of ‘‘broadband 

internet access service;’’ § 8.11(d) 

provides a definition of ‘‘reasonable 

network management practices.’’ 

Need: These definitions are needed in 

connection with Commission programs 

such as the Broadband Data Collection. 

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

154, 201, 218, 230, 251, 254, 256, 257, 

301, 303, 304, 307, 309, 316, 332, 403, 

503, 522, 536, 548, and 1302. 

Section Number and Title: 

8.11(a), (d) Transparency. 

PART 10—WIRELESS EMERGENCY 

ALERTS 

Subpart A—General Information 

Brief Description: These rules provide 

the parameters for wireless service 

providers to implement the statutory 

Commercial Mobile Alert System 

(CMAS), now referred to as Wireless 

Emergency Alerts (WEA), including 

relevant timeframes and technical 

parameters associated with WEA 

infrastructure, messaging support, alert 

tones and similar. 

Need: These provisions support the 

operation of WEA—a statutory 

component of the Nation’s alert and 

warning system and help ensure the 

timely and accurate transmission of 

wireless alerts and warnings. 

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

(o), 201, 303(r), 403, and 606, as well as 

sections 602(a),(b),(c), (f), 603, 604 and 

606 of the WARN Act. 

Section Number and Title: 

10.20 Purpose. 

10.10 Definitions. 

10.11 CMAS Implementation 

Timeline. 

Subpart C—System Architecture 

10.320 Provider Alert Gateway 

Requirements. 

10.330 Provider Infrastructure 

Requirements. 

Brief Description: These rules support 

the operational changes necessary and 

the implementation/testing 

requirements for the Commercial Mobile 

Alert System (CMAS), now known as 

Wireless Emergency Alerts (WEA)—a 

statutory component of the Nation’s 

alert and warning system. They direct 

the installation of necessary equipment, 

and prescribe the parameters for testing 

the system and keeping record of its 

operation. 

Need: These provisions support the 

operation of WEA—a statutory 

component of the Nation’s alert and 

warning system and help ensure the 

timely and accurate transmission of 

wireless alerts and warnings. 

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

(o), 201, 303(r), 403, and 606, as well as 

sections 602(a),(b),(c), (f), 603, 604 and 

606 of the WARN Act. 

Section Number and Title: 

10.340 Digital Television 

Transmission Towers Retransmission 

Capability 

10.350 CMAS Testing Requirements 


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66236 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

Subpart D—Alert Message 

Requirements 

Brief Description: These rules provide 

the parameters for wireless service 

providers to implement the statutory 

Commercial Mobile Alert System 

(CMAS), now referred to as Wireless 

Emergency Alerts (WEA), including 

relevant timeframes and technical 

parameters associated with WEA 

infrastructure, messaging support, alert 

tones and similar. 

Need: These provisions support the 

operation of WEA—a statutory 

component of the Nation’s alert and 

warning system and help ensure the 

timely and accurate transmission of 

wireless alerts and warnings. 

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

(o), 201, 303(r), 403, and 606, as well as 

sections 602(a),(b),(c), (f), 603, 604 and 

606 of the WARN Act. 

Section Number and Title: 

10.400 Classification. 

10.410 Prioritization. 

10.420 Message Elements. 

10.430 Character Limit. 

10.440 Embedded Reference 

Prohibition. 

10.450 Geographic Targeting. 

10.470 Roaming. 

Subpart E—Equipment Requirements 

Section Number and Title: 

10.500 General Requirements. 

10.510 Call preemption prohibition. 

10.520 Common Audio Attention 

Signal. 

10.530 Common Vibration Cadence. 

PART 11—EMERGENCY ALERT 

SYSTEM (EAS) 

Subpart A—General 

Brief Description: Part 11 sets forth 

the rules governing the Emergency Alert 

System (EAS). 

Need: The rules are needed to 

implement the Commission’s policies 

and requirements concerning the EAS, 

which provides Federal, State, local, 

territorial, and Tribal government 

agencies with the capability to provide 

immediate communications and 

information to the general public 

regarding emergency situations. EAS is 

a system for distributing emergency 

alerts by transmitting audio and visual 

messages over the facilities of radio and 

television broadcasters, cable service 

providers, direct broadcast satellite 

providers, and other participating 

entities. 

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

(o), 303(r), 544(g), 606, 1201, and 1206. 

Section Number and Title: 

11.2 Definitions. 

11.11(a), (d) The Emergency Alert 

System (EAS). 

11.21(a) State and Local Area Plans 

and FCC Mapbook. 

Subpart B—Equipment Requirements 

Brief Description: EAS uses a fourpart message for an emergency 

activation of the EAS. The four parts 

are: Preamble and EAS Header Codes; 

audio Attention Signal; message; and 

Preamble and EAS End of Message 

(EOM) Codes. Subpart B outlines the 

equipment requirements to provide the 

service. 

Need: These amendments specify upto-date technology to ensure that EAS 

messages are provided seamlessly, 

promptly, and accurately. 

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

(o), 303(r), 544(g), 606, 1201, and 1206. 

Section Number and Title: 

11.31 (c), (e), (f) EAS Protocol. 

11.32 (a)(2), (a)(3), (a)(9)(iv) EAS 

Encoder. 

11.33 (a) introductory text, (a)(1), 

(a)(4), (a)(7), (a)(11) EAS Decoder. 

11.34(d) Acceptability of the 

equipment. 

11.35(a), (b) Equipment operational 

readiness. 

Subpart C—Organization 

Brief Description: Entities that wish to 

voluntarily participate in the national 

level EAS may submit a written request 

to the Chief, Public Safety and 

Homeland Security Bureau. Subpart C 

provides the regulatory organization for 

EAS. 

Need: The revision provides that All 

EAS Participants specified in § 11.11 are 

categorized as Participating National 

(PN) sources and must have immediate 

access to an EAS Operating Handbook. 

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

(o), 303(r), 544(g), 606, 1201, and 1206. 

Section Number and Title: 

11.41 Participation in EAS. 

Subpart D—Emergency Operations 

Brief Description: Analog and digital 

broadcast stations must transmit, either 

automatically or manually, national 

level EAS messages and required tests 

by sending the EAS header codes, 

Attention Signal, emergency message 

and End of Message (EOM) codes using 

the EAS Protocol. Subpart D outlines 

Emergency operations. 

Need: The revisions provide for 

modernizing the EAS to make it capable 

of processing Common Alerting Protocol 

(CAP) formatted alert messages is 

necessary and consistent with the 

Commission’s statutory goals, because a 

CAP-based EAS will be more flexible 

and robust than the current system. In 

this regard, we observe that the rules we 

adopt today will integrate the EAS with 

the Federal Emergency Management 

Agency’s (FEMA) Integrated Public 

Alert and Warning System (IPAWS). 

This will allow authorized alert 

initiators to issue alerts that will be 

delivered simultaneously by the EAS as 

well as the Personal Localized Alerting 

Network (PLAN). A CAP-based EAS will 

also be compatible with the many State 

alerting systems that are switching to 

CAP. 

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

(o), 303(r), 544(g), 606, 1201, and 1206. 

Section Number and Title: 

11.51(a), (c), (d), (g)(3), (h)(3), (i), (j) 

introductory text, (j)(2), (m), (p) EAS 

code and Attention Signal Transmission 

requirements. 

11.52(a), (d), (e) introductory text, 

(e)(2) EAS code and Attention Signal 

Monitoring requirements. 

11.54 EAS operation during a 

National Level emergency. 

11.55(a), (c) introductory text, (c)(3) 

and (4), (c)(7) and (8), (d) EAS 

operation during a State or Local Area 

emergency. 

11.56 Obligation to process CAPformatted EAS messages. 

Subpart E—Tests 

Brief Description: Subpart E sets forth 

the rules governing testing of the 

Emergency Alert System (EAS). 

Need: The EAS is subject to weekly 

and monthly tests at the State and local 

level, such tests may not expose 

vulnerabilities in functioning or gaps in 

nationwide coverage. For example, EAS 

PEP station operational and 

maintenance requirements are the 

responsibility of FEMA, which tests the 

PEP stations but typically does not test 

other stations. The NWS tests its own 

National Weather Radio (NWR) facilities 

independently or as integrated with 

State and local level emergency alert 

delivery architectures, but again, its 

focus is solely on the proper operation 

of NWS/NWR facilities as those 

facilities interact with State and local 

EAS architectures. State EOC facilities 

are maintained by their respective State 

officials. None of these entities has been 

responsible for ‘‘top-to-bottom’’ national 

testing of EAS. Sections 11.61 (a), 

(a)(1)(i), (a)(2)(ii), (a)(3), and (b) provide 

for more complete testing including end 

to end testing. 

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

(o), 303(r), 544(g), 606, 1201, and 1206. 

Section Number and Title: 

11.61(a) introductory text, (a)(1)(i), 

(a)(2)(ii), (a)(3), (b) Tests of EAS 

procedures. 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 66237 

PART 14—ACCESS TO ADVANCED 

COMMUNICATIONS SERVICES AND 

EQUIPMENT BY PEOPLE WITH 

DISABILITIES 

Subpart A—Scope 

Brief Description: Part 14 implements 

the requirements of section 716 of the 

Communications Act of 1934, as 

amended, which requires providers of 

advanced communication services 

(ACS) and manufacturers of equipment 

used for ACS to make their products 

accessible to people with disabilities, 

unless accessibility is not achievable. 

The Commission also adopts rules to 

implement section 717 of the 

Communications Act of 1934, as 

amended, which requires the 

Commission to establish new 

recordkeeping and enforcement 

procedures for manufacturers and 

providers subject to sections 255, 716 

and 718. Part 14 requires manufacturers 

and service providers subject to section 

716 to comply with the requirements of 

section 716 either by building 

accessibility features into their 

equipment or service or by relying on 

third party applications or other 

accessibility solutions. If accessibility is 

not achievable by building in 

accessibility or relying on third party 

applications or other accessibility 

solutions, manufacturers and service 

providers must make their products 

compatible with existing peripheral 

devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to achieve 

access, unless that is not achievable. 

Part 14 includes a temporary selfexecuting exemption for small 

businesses to avoid the possibility of 

unreasonably burdening small and 

entrepreneurial innovators during the 

initial compliance period. Part 14 also 

establishes procedures to facilitate the 

filing of formal and informal 

complaints. 

Need: Part 14 implements Congress’ 

mandate that people with disabilities 

have access to advanced 

communications services (ACS) and 

ACS equipment. Specifically, these 

rules implement sections 716 and 717 of 

the Communications Act of 1934, as 

amended, which were added by the 

‘‘Twenty-First Century Communications 

and Video Accessibility Act of 2010’’ 

(CVAA). ACS plays a fundamental role 

in today’s world, and these rules remain 

necessary to ensure that people with 

disabilities can access ACS services and 

equipment to fully participate in 

business, family, social, and other 

activities. The temporary self-executing 

exemption for small businesses expired 

on October 8, 2013, is no longer needed 

and may be deleted. 

Legal Basis: 47 U.S.C. 151–154, 251, 

255, 303(r), 403, 503, 616, 617, and 618. 

Section Number and Titles: 

14.1 Applicability. 

14.2 Limitations. 

14.3 Exemption for Customized 

Equipment or Services. 

14.4 Exemption for Small Entities. 

14.5 Waivers—Multi-purpose 

Services and Equipment. 

Subpart B—Definitions 

Brief Description: Part 14 implements 

the requirements of section 716 of the 

Communications Act of 1934, as 

amended, which requires providers of 

advanced communication services 

(ACS) and manufacturers of equipment 

used for ACS to make their products 

accessible to people with disabilities, 

unless accessibility is not achievable. 

The Commission also adopts rules to 

implement section 717 of the 

Communications Act of 1934, as 

amended, which requires the 

Commission to establish new 

recordkeeping and enforcement 

procedures for manufacturers and 

providers subject to sections 255, 716 

and 718. Part 14 requires manufacturers 

and service providers subject to section 

716 to comply with the requirements of 

section 716 either by building 

accessibility features into their 

equipment or service or by relying on 

third party applications or other 

accessibility solutions. If accessibility is 

not achievable by building in 

accessibility or relying on third party 

applications or other accessibility 

solutions, manufacturers and service 

providers must make their products 

compatible with existing peripheral 

devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to achieve 

access, unless that is not achievable. 

Part 14 also establishes procedures to 

facilitate the filing of formal and 

informal complaints. 

Need: Part 14 implements Congress’ 

mandate that people with disabilities 

have access to advanced 

communications services (‘‘ACS’’) and 

ACS equipment. Specifically, these 

rules implement sections 716 and 717 of 

the Communications Act of 1934, as 

amended, which were added by the 

‘‘Twenty-First Century Communications 

and Video Accessibility Act of 2010’’ 

(CVAA). ACS plays a fundamental role 

in today’s world, and these rules remain 

necessary to ensure that people with 

disabilities can access ACS services and 

equipment to fully participate in 

business, family, social, and other 

activities. 

Legal Basis: 47 U.S.C. 151–154, 251, 

255, 303(r), 403, 503, 616, 617, and 618. 

Section Number and Titles: 

14.10 Definitions. 

Subpart C—Implementation 

Requirements—What must covered 

entities do? 

Brief Description: Part 14 implements 

the requirements of section 716 of the 

Communications Act of 1934, as 

amended, which requires providers of 

advanced communication services 

(ACS) and manufacturers of equipment 

used for ACS to make their products 

accessible to people with disabilities, 

unless accessibility is not achievable. 

The Commission also adopts rules to 

implement section 717 of the 

Communications Act of 1934, as 

amended, which requires the 

Commission to establish new 

recordkeeping and enforcement 

procedures for manufacturers and 

providers subject to sections 255, 716 

and 718. Part 14 requires manufacturers 

and service providers subject to section 

716 to comply with the requirements of 

section 716 either by building 

accessibility features into their 

equipment or service or by relying on 

third party applications or other 

accessibility solutions. If accessibility is 

not achievable by building in 

accessibility or relying on third party 

applications or other accessibility 

solutions, manufacturers and service 

providers must make their products 

compatible with existing peripheral 

devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to achieve 

access, unless that is not achievable. 

Part 14 also establishes procedures to 

facilitate the filing of formal and 

informal complaints. 

Need: Part 14 implements Congress’ 

mandate that people with disabilities 

have access to advanced 

communications services (ACS) and 

ACS equipment. Specifically, these 

rules implement sections 716 and 717 of 

the Communications Act of 1934, as 

amended, which were added by the 

‘‘Twenty-First Century Communications 

and Video Accessibility Act of 2010’’ 

(CVAA). ACS plays a fundamental role 

in today’s world, and these rules remain 

necessary to ensure that people with 

disabilities can access ACS services and 

equipment to fully participate in 

business, family, social, and other 

activities. 

Legal Basis: 47 U.S.C. 151–154, 251, 

255, 303(r), 403, 503, 616, 617, and 618. 

Section Number and Titles: 

14.20 Obligations. 

14.21 Performance Objectives. 


lotter on DSK11XQN23PROD with PROPOSALS2
66238 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

Subpart D—Recordkeeping, Consumer 

Dispute Assistance, and Enforcement 

Brief Description: Part 14 implements 

the requirements of section 716 of the 

Communications Act of 1934, as 

amended, which requires providers of 

advanced communication services 

(ACS) and manufacturers of equipment 

used for ACS to make their products 

accessible to people with disabilities, 

unless accessibility is not achievable. 

The Commission also adopts rules to 

implement section 717 of the 

Communications Act of 1934, as 

amended, which requires the 

Commission to establish new 

recordkeeping and enforcement 

procedures for manufacturers and 

providers subject to sections 255, 716 

and 718. Part 14 requires manufacturers 

and service providers subject to section 

716 to comply with the requirements of 

section 716 either by building 

accessibility features into their 

equipment or service or by relying on 

third party applications or other 

accessibility solutions. If accessibility is 

not achievable by building in 

accessibility or relying on third party 

applications or other accessibility 

solutions, manufacturers and service 

providers must make their products 

compatible with existing peripheral 

devices or specialized customer 

premises equipment commonly used by 

individuals with disabilities to achieve 

access, unless that is not achievable. 

Part 14 also establishes procedures to 

facilitate the filing of formal and 

informal complaints. 

Need: Part 14 implements Congress’ 

mandate that people with disabilities 

have access to advanced 

communications services (‘‘ACS’’) and 

ACS equipment. Specifically, these 

rules implement sections 716 and 717 of 

the Communications Act of 1934, as 

amended, which were added by the 

‘‘Twenty-First Century Communications 

and Video Accessibility Act of 2010’’ 

(CVAA). ACS plays a fundamental role 

in today’s world, and these rules remain 

necessary to ensure that people with 

disabilities can access ACS services and 

equipment to fully participate in 

business, family, social, and other 

activities. 

Legal Basis: 47 U.S.C. 151–154, 251, 

255, 303(r), 403, 503, 616, 617, and 618. 

Section Number and Titles: 

14.30 Generally. 

14.31 Recordkeeping. 

14.32 Consumer Dispute Assistance. 

14.33 Informal or formal complaints. 

14.34 Informal complaints; form, 

filing, content, and consumer assistance. 

14.35 Procedure; designation of 

agents for service. 

14.36 Answers and replies to 

informal complaints. 

14.37 Review and disposition of 

informal complaints. 

14.38 Formal Complaints; General 

pleading requirements. 

14.39 [superseded by subpart E of 

part 1, 1.722] Format and content of 

formal complaints. 

14.40 [superseded by subpart E of 

part 1, 1.723] Damages. 

14.41 [superseded by subpart E of 

part 1, 1.725] Joinder of complainants 

and causes of action. 

14.42 [superseded by subpart E of 

part 1, 1.726] 

14.43 [superseded by subpart E of 

part 1, 1.727] Cross-complaints and 

counterclaims. 

14.44 [superseded by subpart E of 

part 1, 1.728] Replies. 

14.45 [superseded by subpart E of 

part 1, 1.729] Motions. 

14.46 [superseded by subpart E of 

part 1, 1.721(r) and (s)] Formal 

complaints not stating a cause of action; 

defective pleadings. 

14.47 [superseded by subpart E of 

part 1, 1.730] Discovery. 

14.48 [superseded by subpart E of 

part 1, 1.731] Confidentiality of 

information produced or exchanged by 

the parties. 

14.49 [superseded by subpart E of 

part 1, 1.732] Other required written 

submissions. 

14.50 [superseded by subpart E of 

part 1, 1.733] Status conference. 

14.51 [superseded by subpart E of 

part 1, 1.49 through 1.52] Specifications 

as to pleadings, briefs, and other 

documents; subscription. 

14.52 [superseded by subpart E of 

part 1, 1.734] Copies; service; separate 

filings against multiple defendants. 

PART 15—RADIO FREQUENCY 

DEVICES 

Subpart A—General 

Brief Description: These rules set forth 

the definitions for various terms and the 

measurement procedures that must be 

used to determine whether devices 

comply with the Commission’s RF 

emissions limits. These rules cover, 

among other devices, Broadband Power 

Line (BPL) devices, Unlicensed Personal 

Communications Service (UPCS) 

devices, and field disturbance sensors. 

Need: These rules are needed to allow 

operators of devices, including 

Broadband Power Line (BPL) devices, 

Unlicensed Personal Communications 

Service (UPCS) devices, and field 

disturbance sensors, to accurately 

measure and determine whether their 

devices comply with the Commission’s 

RF emissions limits. 

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

304, 307, 336, 544a, and 549. 

Section Number and Title: 

15.3(hh) Definitions. 

15.31(a)(2), (f)(2) and (3)

Measurement standards. 

15.35(b) Measurement detector 

functions and bandwidths. 

15.38 Incorporation by reference. 

Subpart C—Intentional Radiators 

Brief Description: Section 15.212 

defines the different types of modular 

transmitters and sets forth the 

requirements for obtaining approval for 

these devices under Part 15 of the 

Commission’s rules. 

Need: These rules are needed to 

provide efficient equipment 

authorization procedures for modular 

transmitter devices, enabling 

manufacturers to develop more 

advanced unlicensed transmitter 

technologies without causing harmful 

interference. 

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

304, 307, 336, and 544a. 

Section Number and Title: 

15.212 Modular transmitters. 

Subpart D—Unlicensed Personal 

Communications Service Devices 

Brief Description: These rules set forth 

general technical requirements for 

Unlicensed Personal Communications 

Service (UPCS) devices, and specific 

requirements for UPCS devices 

operating in the 1920–1930 MHz band. 

Need: These rules are needed to 

ensure UPCS devices operate as 

intended and do not cause harmful 

interference. 

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

304, 307, 336, and 544a. 

Section Number and Title: 

15.319(b) General technical 

requirements. 

15.323(a), (c)(5), (d), (e) Specific 

requirements for devices operating in 

the 1920–1930 MHz band. 

Subpart G—Access Broadband Over 

Power Line (Access BPL) 

Brief Description: Section 15.611 sets 

forth general technical requirements for 

Broadband Power Line (BPL) systems. 

Paragraph (c) of this section specifies 

the interference mitigation and 

avoidance requirements for BPL 

systems. Paragraph (c)(1)(i) of this 

section clarifies that for frequencies 

below 30 MHz, when a notch filter is 

used to avoid interference to a specific 

band, the BPL system must be capable 

of attenuating emissions within that 

band to a level at least 25 dB below the 

applicable part 15 limits. 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 66239 

Need: This rule clarifies what steps a 

Broadband Power Line (BPL) system 

operator must take to avoid causing 

harmful interference. 

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

304, 307, 336, 544a, and 549. 

Section Number and Title: 

15.611(c)(1)(i) General technical 

requirements. 

Subpart H—White Space Devices 

Brief Description: These rules specify 

how White Space Devices may operate 

safely in certain bands. These rules 

cover the scope of subpart H, 

definitions, cross references, user 

information, permissible channels of 

operation, general technical 

requirements, interference avoidance 

methods, interference protection 

requirements, white space databases, 

database administration fees, database 

administrators, and white space devices 

that rely on spectrum sensing. 

Need: These rules enable white space 

devices to operate on an unlicensed 

basis using television channels that are 

vacant in certain markets without 

causing harmful interference. 

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

304, 307, 336, and 544a. 

Section Number and Title: 

15.701 Scope. 

15.703 Definitions. 

15.705 Cross reference. 

15.706 Information to the user. 

15.707 Permissible channels of 

operation. 

15.709 General technical 

requirements. 

15.711 Interference avoidance 

methods. 

15.712 Interference protection 

requirements. 

15.713 White space database. 

15.714 White space database 

administration fees. 

15.715 White space database 

administrator. 

15.717 White space devices that rely 

on spectrum sensing. 

PART 20—COMMERICAL MOBILE 

SERVICES 

Brief Description: Part 20 rules set 

forth the Commission’s requirements 

and conditions for commercial mobile 

radio service providers under the 

Communications Act of 1934, as 

amended. Section 20.12(d) requires host 

carriers to provide automatic roaming to 

technologically compatible, facilitiesbased CMRS carriers on reasonable and 

not unreasonably discriminatory terms 

and conditions. Sections 20.12(a)(3) and 

(e) require facilities-based providers of 

commercial mobile data services to offer 

roaming arrangements to other such 

providers on commercially reasonable 

terms, subject to certain limitations. 

Section 20.19 requires wireless handset 

manufacturers and terrestrial mobile 

service providers to make available to 

consumers a minimum number of 

handsets that meet specified technical 

criteria for hearing aid compatibility 

and to disclose certain information to 

consumers about a handset’s hearing aid 

compatibility. 

Need: Section 20.12 is needed on an 

ongoing basis to implement the 

Commission’s interconnection 

regulations between local exchange 

carriers and commercial mobile radio 

providers. Section 20.19 is needed on an 

ongoing basis to ensure reasonable 

access to commercial mobile services by 

persons with impaired hearing, as 

required under 47 U.S.C. 610. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 157, 160, 201, 214, 222, 251(e), 

301, 302, 303, 303(b), 303(r), 307, 

307(a), 309, 309(j)(3), 316, 316(a), 332, 

610, 615, 615(a), 615(b), and 615(c), 

unless otherwise noted. 

Section Number and Title: 

20.12(a)(3), (d), (e) Resale and 

roaming. 

20.19(a)(3)(i), (b)(3), (c) introductory 

text, (c)(1)(ii)(C), (e)(1)(ii) and (iii), (f)(2) 

introductory text, (f)(2)(iii), (f)(3), (l)

Hearing aid-compatible mobile 

handsets. 

PART 25—SATELLITE 

COMMUNICATIONS 

Subpart B—Applications and Licenses 

Brief Description: Part 25 contains the 

Commission’s rules governing the 

licensing and operation of space stations 

and earth stations. It includes 

application requirements, technical 

requirements, operational requirements, 

and coordination requirements for 

various satellite services. The rules also 

define the Commission’s processing of 

applications. 

Need: Part 25 rules are needed to 

ensure that satellite services may be 

provided without harmful interference 

and consistent with the public interest. 

Legal Basis: 47 U.S.C. 154, 157, 301, 

302, 303, 307, 309, 310, 316, 319, 332, 

605, and 701–744. 

Section Number and Title: 

25.114 Applications for space 

station authorizations. 

25.115 Applications for earth station 

authorizations, 

25.130 Filing requirements for 

transmitting earth stations. 

25.132 Verification of earth station 

antenna performance standards. 

25.134 Licensing provisions of Very 

Small Aperture Terminal (VSAT) and Cband Small Aperture Terminal (CSAT) 

networks. 

25.138 Blanket Licensing provisions 

of GSO FSS Earth Stations in 18.3–18.8 

GHz (space-to-Earth), 19.7–20.2 GHz 

(space-to-Earth), 28.35–28.6 GHz (Earthto-space), and 29.25–30.0 GHz (Earth-tospace) bands. 

25.149 Application requirements for 

ancillary terrestrial components in 

Mobile-Satellite Service networks 

operating in the 1.5/1.6 GHz and 1.62/ 

2.4 GHz Mobile Satellite Service. 

25.201 Definitions. 

Subpart C—Technical Standards 

25.202 Frequencies, frequency 

tolerance and emission limits. 

25.203 Choice of sites and 

frequencies. 

25.204 Power limits for earth 

stations. 

25.205 Minimum antenna elevation 

angle. 

25.209 Earth station antenna 

performance standards. 

25.212 Narrowband analog 

transmissions, digital transmissions, 

and video transmissions in the GSO 

Fixed-Satellite Services. 

25.218 Off-axis EIRP density 

envelopes for FSS earth station 

transmitting in certain frequency bands. 

25.220 Non-routine transmit/receive 

earth station operations. 

25.221 Blanket Licensing provisions 

for Earth Stations on Vessels (ESVs) 

receiving in the 3700–4200 MHz (spaceto-Earth) band and transmitting in the 

5925–6425 MHz (Earth-to-space) band, 

operating with GSO Satellites in the 

Fixed-Satellite Service. 

25.222 Blanket Licensing provisions 

for Earth Station on Vessels (ESVs) 

receiving in the 10.95–11.2 GHz (spaceto-Earth), 11.45–11.7 GHz (space-toEarth), 11.7–12.2 GHz (space-to-Earth) 

frequency bands and transmitting in the 

14.0–14.5 GHz (Earth-to-space) 

frequency band, operating with 

Geostationary Orbit (GSO) Satellites in 

the Fixed-Satellite Service. 

25.226 Blanket licensing provisions 

for domestic, U.S. VMESs operating 

with GSO FSS space stations in the 

10.95–11.2 GHz, 11.45–11.7 GHz, 11.7– 

12.2 GHz, and 14.0–14.5 GHz bands. 

25.254 Special requirements for 

ancillary terrestrial components 

operating in the 1610–1626.5 MHz/ 

2483–2500 MHz bands. 

25.264 Requirements to facilitate 

reverse-band operation in the 17.3–17.8 

GHz band of 17/24 GHz BSS and DBS 

Service space stations. 

Subpart D—Technical Operations 

25.271 Control of transmitting 

stations. 


lotter on DSK11XQN23PROD with PROPOSALS2
66240 Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 / Proposed Rules 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICES 

Subpart B—Applications and Licenses 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart B 

establishes application and licensing 

requirements applicable to a number of 

spectrum bands, including among 

others, 700 MHz (698–746, 746–758, 

775–788, and 805–806 MHz); Advanced 

Wireless Service (AWS) (1710–1755, 

2110–2155, 1695–1710, 1755–1780, and 

2155–2180 MHz); Broadband Radio 

Service (BRS) and Educational 

Broadband Service (EBS) (2150–2160 

and 2496–2690 MHz); and Wireless 

Communications Service (WCS) (2305– 

2320 and 2345–2360 MHz). 

Need: The revised rules specify 

license periods for BRS and EBS (27.13 

(h)); construction requirements for 700 

MHz, BRS and EBS, and WCS (27.14 

(g)–(p)); and network access 

requirements for Block C in the 746–757 

and 776–787 MHz bands (27.16). The 

need for these rules is ongoing. 

Legal Basis: 47 U.S.C. 154, 301, 302, 

303, 307, 309, and 332. 

Section Number and Title: 

27.13(h) License period. 

27.14(g) through (p) Construction 

requirements. 

27.16 Network access requirements 

for Block C in the 746–757 and 776–787 

MHz bands. 

Subpart C—Technical Standards 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart C 

contains technical standards applicable 

to a number of services and frequency 

bands. 

Need: The additional rules provide 

for: (1) permissible power and antenna 

heights; (2) emission limitations; (3) 

Power flux density limits; (4) efficient 

deployment of and coexistence between 

WCS licensees and SDARS licensees; 

and (5) WCS licensees to take all 

practicable steps necessary to minimize 

the risk of harmful interference to AMT 

and DSN facilities. The need for these 

rules is on-going. 

Legal Basis: 47 U.S.C. 154, 301, 302a, 

303, 307, 309, 332, 336, 337, 1403, 1404, 

1451, and 1452. 

Section Number and Title: 

27.50 Table 2, Table 3, Table 4— 

Permissible Power and Antenna Heights 

for Base and Fixed Stations in the 600 

MHz, 698–757 MHz, 758–763 MHz, 

776–787 MHz and 788–793 MHz Bands. 

27.53(d), (e)(1) through (5) Emission 

limits. 

27.55(c) Power strength limits. 

27.72 Information sharing 

requirements. 

27.73 WCS, AMT, and Goldstone 

coordination requirements. 

Subpart M—Broadband Radio Service 

and Educational Broadband Service 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart M 

contains specific rules applicable to the 

Broadband Radio Service (BRS) and 

Educational Broadband Service (EBS) 

that operate in the 2500–2690 MHz 

band. 

Need: The rules establish competitive 

bidding and designated entity rules for 

BRS and EBS. The need for these rules 

is ongoing. 

Legal Basis: 47 U.S.C. 154, 301, 302, 

303, 307, 309, and 332. 

Section Number and Title: 

27.1217 Competitive bidding 

procedures for the Broadband Radio 

Service and the Educational Broadband 

Service. 

27.1218 Broadband Radio Service 

designated entity provisions. 

PART 36—JURISDICTIONAL 

SEPARATIONS PROCEDURES; 

STANDARD PROCEDURES FOR 

SEPARATING 

TELECOMMUNICATIONS PROPERTY 

COSTS, REVENUES, EXPENSES, 

TAXES AND RESERVES FOR 

TELECOMMUNICATIONS COMPANIES 

Subpart A—General 

Brief Description: Section 36.4 sets 

out streamlining procedures for 

processing petitions for waiver of the 

Commission’s freeze of Local Exchange 

Carrier study area boundaries. 

Need: These rules enable the 

Commission to more efficiently and 

effectively process petitions for waiver 

of the study area freeze. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303(r), 332, 403, and 1302, and 

§§ 1.1 and 1.1421 of the Commission’s 

rules, 47 CFR 1.1, 1.421. 

Section Number and Title: 

36.4 Streamlining procedures for 

processing petitions for waiver of study 

area boundaries. 

PART 43—REPORTS OF 

COMMUNICATION COMMON 

CARRIERS, PROVIDERS OF 

INTERNATIONAL INTERCONNECTED 

VOICE OVER INTERNET PROTOCOL 

SERVICES AND CERTAIN AFFILIATES 

Brief Description: Part 43 sets forth 

reporting requirements for common 

carriers. During the relevant review 

period, the Commission eliminated the 

following outdated and unnecessary 

reporting requirements related to 

international telecommunications traffic 

for which the burdens on U.S. 

international service providers now 

outweigh the benefits: (1) the quarterly 

traffic and revenue reports for large 

carriers; (2) the quarterly traffic and 

revenue reports for foreign-affiliated 

switched resale carriers; (3) the circuitaddition report for carriers that have 

been certified as resellers of private 

lines; (4) the telegraph toll division 

report for carriers that provide 

international telegraph service; and (5) 

the requirement for carriers holding 

international section 214 authorizations 

to file a traffic and revenue report or 

circuit-status report for traffic between 

the continental United States and offshore U.S. points (e.g., Guam or the U.S. 

Virgin Islands) or between off-shore U.S. 

points, or to file separate reports for offshore U.S. points. 

Need: In modifying its rules, the 

Commission ensures that its data 

collections match its data needs while 

avoiding unnecessary or excessive 

burdens on entities subject to 

Commission authority. 

Legal Basis: 47 U.S.C. 35–39, 154, 

211, 219, and 220. 

43.53 [Removed] Reports regarding 

division of international toll 

communication charges. 

43.61(a) through (c) [Removed]

Reports of international 

telecommunications traffic. 

43.82(a) International circuit status 

report. 

PART 51—INTERCONNECTION 

Subpart H—Reciprocal Compensation 

for Transport and Termination of 

Telecommunications Traffic 

Brief Description: The purpose of 

Subpart H is to establish rules governing 

the transition of intercarrier 

compensation from a calling-party’snetwork pays system to a default billand-keep methodology—and confirms 

that, after the transition, the exchange of 

telecommunications traffic between and 

among service providers will, by 

default, be governed by bill-and-keep 

arrangements. 


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Need: Theses rules establish the 

context for Subpart H and support the 

implementation of bill-and-keep as the 

ultimate uniform, national methodology 

for all telecommunications traffic 

exchanged with a Local Exchange 

Carrier. 

Legal Basis: 47 U.S.C. 151–55, 157, 

201–05, 207–09, 218, 220, 225–227, 

251–254, 256, 271, 303(r), 332, and 

1302, 47 U.S.C. 157 note, unless 

otherwise noted. 

Section Number and Title: 

51.700 Purpose of this subpart. 

51.701(b)(3) Scope of transport and 

termination pricing rules. 

Subpart J—Transitional Access 

Service Pricing 

Brief Description: Sections 51.901 

through 51.919 govern the transition of 

intercarrier compensation from a 

calling-party’s-network pays system to a 

default bill-and-keep methodology for 

telecommunications traffic exchanged 

between telecommunications providers; 

that is interstate or intrastate exchange 

access, information access, or exchange 

services for such access, other than 

special access. 

Need: Theses rules facilitate 

implementation of bill-and-keep as the 

national methodology for all 

telecommunications traffic exchanged 

between telecommunications providers; 

that is interstate or intrastate exchange 

access, information access, or exchange 

services for such access, other than 

special access. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303(r), 332, 403, and 1302; 47 CFR 

1.1, 1.421 

Section Number and Title: 

51.901 Purpose and scope of 

transitional access service pricing rules. 

51.903 Definitions. 

51.905 Implementation. 

51.907 Transition of price cap 

carrier access charges. 

51.909 Transition of rate-of-return 

carrier access charges. 

51.911 Access reciprocal 

compensation rates for competitive 

LECs. 

51.913 Transition for VoIP–PSTN 

traffic. 

51.915 Recovery mechanism for 

price cap carriers. 

51.917 Revenue recovery for Rate-ofReturn Carriers. 

51.919 Reporting and monitoring. 

PART 52—NUMBERING 

Subpart C—Number Portability 

Brief Description: Section 52.23(h) 

establishes requirements for porting 

telephone numbers from a wireline 

carrier to a wireless carrier. Section 

52.34 establishes obligations regarding 

local number porting to and from 

interconnected VoIP or internet-based 

TRS providers. Section 52.35 establishes 

porting intervals when transferring a 

customer’s telephone number between 

two wireline providers; a wireline and 

wireless provider; or an interconnected 

Voice over internet Protocol (VoIP) 

provider and any other service provider. 

Section 52.36 specifies standard data 

fields that may be required from 

customers for simple port order 

processing. 

Need: These rules facilitate prompt 

transfers of telephone numbers by 

standardizing the data to be exchanged 

when transferring a customer’s 

telephone number between two wireline 

providers; a wireline and wireless 

provider; or an interconnected Voice 

over internet Protocol (VoIP) provider 

and any other service provider. The 

rules also mandate one-business day 

porting intervals to ensure that 

consumers are able to port their 

telephone numbers efficiently and to 

enhance competition for all 

communications services. 

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

251, and 303(r). 

Section Number and Title: 

52.23(h) Deployment of long-term 

database methods for number portability 

by LECs. 

52.35 Porting intervals. 

52.36 Standard data fields for simple 

port order processing. 

PART 54—UNIVERSAL SERVICE 

Subpart D—Universal Service Support 

for High Cost Areas 

Brief Description: Section 54.302 

establishes a per-line limit on universal 

service monthly support. The provisions 

in section 54.304 govern data 

submission requirements for, and 

payment of CAF ICC support to, eligible 

rate-of-return and price-cap carriers. 

Section 54.307(e) establishes the current 

methodology for determining 

Competitive Eligible 

Telecommunications Carrier high-cost 

support. Section 54.312 sets out rules 

for legacy high-cost support in price-cap 

territories before, during and after the 

Connect America Fund Phase II and 

Rural Digital Opportunity Fund Phase I 

auctions. 

Need: These rule sections specify 

reporting and payment processes 

integral to the Commission’s high-cost 

program. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303I, 332, 403, and 1302. 

Section Number and Title: 

54.302 Monthly per-line limit on 

universal service support. 

54.304 Administration of Connect 

America Fund Intercarrier 

Compensation Replacement. 

54.307(e) Support to a competitive 

eligible telecommunications carrier. 

54.312 Connect America Fund for 

Price Cap Territories—Phase I. 

Subpart E—Universal Service Support 

for Low-Income Consumers 

Brief Description: Section 54.404 

details requirements and processes 

applicable to the National Lifeline 

Accountability Database, which allows 

service providers to enroll Lifeline 

eligible consumers in the program and 

manage their subscribers. Section 

54.405(e) details the process for Eligible 

Telecommunications Carriers to deenroll a Lifeline subscriber where there 

is a reasonable basis for the ETC to 

believe that the subscriber no longer 

meets the criteria to be considered a 

qualifying low-income consumer for 

purposes of the Lifeline program. 

Section 54.414 provides that only ETCs 

that receive high-cost support may 

receive Link Up, specifies requirements 

for determining a resident of rural Tribal 

lands’ initial eligibility for Link Up, and 

establishes recordkeeping requirements 

that must be met for ETCs to receive 

reimbursement for providing Tribal 

Link Up. Section 54.419 provides that 

electronic signatures have the same 

legal effect as written signatures for 

purposes of Subpart E. Section 54.420 

sets out requirements for obtaining 

third-party biennial audits of their 

compliance with subpart E 

requirements. Section 54.422 establishes 

annual reporting requirements 

applicable to ETC receiving low-income 

support. 

Need: These rules comprise key 

elements of the Lifeline and Tribal Link 

Up programs, including provisions for 

verification of eligibility for the 

programs and auditing and reporting 

requirements to support Commission 

oversight. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303(r), 332, 403, and 1302. 

Section Number and Title: 

54.404 The National Lifeline 

Accountability Database. 

54.405(e) Carrier obligation to offer 

Lifeline. 

54.414 Reimbursement for Tribal 

Link Up. 

54.419 Validity of electronic 

signatures. 

54.420 Low income program audits. 


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54.422 Annual reporting for eligible 

telecommunications carriers that 

receive. low-income support. 

Subpart F—Universal Service for Rural 

Health Care Program 

Brief Description: These rules 

establish the framework for the 

Healthcare Connect Fund of the Rural 

Health Care Program, including the 

criteria for what recipients, services, 

and equipment are deemed eligible in 

the program, the requirement that health 

care providers contribute to the total 

cost of eligible expenses, and 

requirements for data collection and 

reporting. 

Need: These rules facilitate the 

administration of the Health Care 

Connect Fund, which provides support 

for high-capacity broadband 

connectivity to eligible health care 

providers and encourages the formation 

of State and regional broadband health 

care provider networks. 

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

154(i)–(j), 201(b), and 254. 

Section Number and Title: 

54.600 Terms and definitions. 

54.601(b) Health care provider 

eligibility. 

54.602 Health care support 

mechanism. 

54.607 (formerly 54.630) Eligible 

recipients. 

54.609 (formerly 54.631)

Designation of consortium leader. 

54.610 (formerly 54.632) Letters of 

agency (LOA). 

54.611 (formerly 54.633) Health care 

provider contribution. 

54.612 (formerly 54.634) Eligible 

services. 

54.613 (formerly 54.635) Eligible 

equipment. 

54.614 (formerly 54.636) Eligible 

participant-constructed and owned 

network facilities for consortium 

applicants. 

54.615 (formerly 54.637) Off-site 

data centers and off-site administrative 

offices. 

54.616 (formerly 54.638) Upfront 

payments. 

54.617 (formerly 54.639) Ineligible 

expenses. 

54.618 (formerly 54.640) Data 

collection and reporting. 

54.622 (formerly 54.642)

Competitive bidding requirement and 

exemptions. 

Subpart L—Mobility Fund and 5G Fund 

Brief Description: Sections 54.1001 

through 54.1010 establish the regulatory 

framework for the Mobility Fund— 

Phase I, the first universal service 

mechanism dedicated to ensuring 

availability of mobile broadband 

networks in areas where a private-sector 

business case is lacking. These rules 

established necessary elements of the 

Mobility Fund—Phase I, including the 

geographic areas eligible for support, the 

application process, public interest 

obligations, and record retention and 

reporting requirements. 

Need: These rules were necessary to 

facilitate the administration of the 

Mobility Fund—Phase I, which 

provided immediate one-time support to 

accelerate the deployment of mobile 

broadband and voice service to 

unserved areas. 

Legal Basis: 47 U.S.C. 151, 152, 154(i), 

201–206, 214, 218–220, 251, 252, 254, 

256, 303(r), 332, 403, and 1302. 

Section Number and Title: 

54.1001 Mobility Fund—Phase I. 

54.1002 Geographic areas eligible for 

support. 

54.1003 Provider eligibility. 

54.1004 Service to Tribal Lands. 

54.1005 Application process. 

54.1006 Public interest obligations. 

54.1007 Letter of credit. 

54.1008 Mobility Fund Phase I 

disbursements. 

54.1009 Annual reports. 

54.1010 Record retention for 

Mobility Fund Phase I. 

PART 61—TARIFFS 

Subpart B—Rules for Electronic Filing 

Brief Description: These rules require 

electronic tariff filing, using the 

Commission’s Electronic Tariff Filing 

System, for all tariff filers for their 

tariffs, tariff revisions, Base Documents, 

and associated documents, including 

applications for special permission, and 

petitions and replies to petitions against 

tariff filings. Sections 61.13 and 61.51 

define the scope of electronic filing 

requirements to apply to all issuing 

carries that file tariffs. Sections 61.14– 

61.17 establish procedures applicable to 

tariff filings to which electronic filing 

requirements apply. 

Need: By requiring all tariff filers to 

file electronically, these rules create a 

more open, transparent, and efficient 

flow of information to the public, and 

benefit the public, carriers, and the 

Commission by creating a uniform 

system providing online access to all 

carrier tariffs filed with the 

Commission. 

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

201–205, and 226(h)(1)(A). 

Section Number and Title: 

61.13 Scope. 

61.14 Method of filing publications. 

61.15 Letters of transmittal and 

cover letters. 

61.16 Base documents. 

61.17 Applications for special 

permission. 

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 sets forth, 

among other things, the processes, 

requirements, and conditions applicable 

to international section 214 applications 

and authorizations to provide global 

facilities-based and global resale 

services. During the relevant review 

period, the Commission modified the 

rules and procedures to, among other 

things, reduce the notice period for the 

discontinuance of international services, 

clarified the rules governing the 

provision of international roaming 

service by U.S. Commercial Mobile 

Radio Service (CMRS) carriers, and 

made changes to the de jure control of 

an international section 214 

authorization holder and the treatment 

of asset acquisitions. The Commission 

also eliminated the requirement to 

submit circuit-additions report. 

Need: These rules provide the 

applicable framework and establish the 

general applications, procedures, 

conditions, and restrictions for the 

provision of U.S.-international 

telecommunications services. 

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

154(j), 160, 201–205, 214, 218, 403, and 

571, unless otherwise noted. 

Section Number and Title: 

63.18(e)(2) introductory text

Contents of applications for 

international common carriers. 

63.19(a)(1) and (2) Special 

procedures for discontinuances of 

international services. 

63.23(c); (e) [Removed]; (f) 

redesignated as new (e) Resale-based 

international common carriers. 

63.24(b) note; (c) Assignments and 

transfers of control. 

Brief Description: Sections 63.60(a), 

(b)(3), (e) and (g) extend to providers of 

interconnected VoIP service the 

discontinuance obligations that apply to 

domestic non-dominant 

telecommunications carriers under 

section 214 of the Communications Act. 

Need: These rule sections protect 

consumers of interconnected VoIP 

service from abrupt discontinuance, 

reduction, or impairment of their 

service without notice. 

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

214, and 303(r). 

Section Number and Title: 


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63.60(a), (b)(3), (e), (g) Definitions. 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

Subpart F—Telecommunications Relay 

Services and Related Customer 

Premises Equipment for Persons With 

Disabilities 

Brief Description: Part 64, Subpart F 

implements section 225 of the 

Communications Act of 1934, as 

amended. Section 225 codifies Title IV 

of the Americans with Disabilities Act 

of 1990 (ADA) which requires that the 

Commission ensure telecommunications 

relay services (TRS) are available, ‘‘to 

the extent possible and in the most 

efficient manner,’’ to individuals with 

hearing or speech disabilities in the 

United States. Section 225 defines 

‘‘TRS’’ as telephone transmission 

services that provide the ability for an 

individual who is deaf, hard of hearing, 

deaf-blind, or who has a speech 

disability to engage in communication 

by wire or radio with one or more 

individuals, in a manner functionally 

equivalent to the ability of a hearing 

individual who does not have a speech 

disability to communicate using voice 

communication services by wire or 

radio. The rules provide minimum 

functional, operational, and technical 

standards for TRS programs. The rules 

give states a significant role in ensuring 

the availability of TRS by treating 

carriers as compliant with their 

statutory obligations if they operate in a 

state that has a relay program certified 

as compliant by the Commission. The 

rules also establish a cost recovery and 

a carrier contribution mechanism (TRS 

Fund) for the provision of interstate TRS 

and require states to establish cost 

recovery mechanisms for the provision 

of intrastate TRS. In 2007 and 2008, the 

rules were amended by adding 

paragraphs (a)(3), (a)(9) (which has been 

redesignated as (a)(10)), (a)(11) (which 

has been redesignated as (a)(13)), (a)(12) 

(which has been redesignated as (a)(14)), 

(a)(13) (which has been redesignated as 

(a)(17)), (a)(15) (which has been 

redesignated as (a)(21)), (a)(17) (which 

has been redesignated as (a)(22)), (a)(18) 

(which has been redesignated as (a)(22)), 

(a)(24) (which has been redesignated as 

(a)(27)), (a)(25) (which has been 

redesignated as (a)(28)), and (b) to 

§ 64.601 defining terms and extending 

the TRS requirements contained in 

§ 64.601 to providers of interconnected 

VoIP services. Section 64.605 (which 

has been redesignated as § 9.14) was 

also added to ensure that emergency 

calls placed by internet-based TRS users 

will be routed directly and 

automatically to the appropriate 

emergency services authorities by 

internet-based TRS providers. Section 

64.611 was added to (1) allow the 

internet-based TRS provider to take 

steps to associate the internet-based TRS 

user’s telephone number with their IP 

address to allow for the routing and 

completion of calls; (2) to facilitate the 

provision of 911 service; and (3) to 

facilitate the implementation of 

appropriate network security measures. 

Furthermore, section 64.613 was added 

in order to establish a uniform ten-digit 

numbering system for internet-based 

forms of TRS: (1) a means for NANP 

numbers to be assigned to internetbased TRS users and (2) a central 

numbering directory mechanism that 

maps each NANP telephone number 

assigned to an internet-based TRS user 

to the appropriate internet address. 

Section 64.610 of Part 64, Subpart F 

implements the pilot National DeafBlind Equipment Distribution Program 

(NDBEDP). The NDBEDP was 

established to enable low-income 

individuals who are deafblind to access 

Twenty-First Century communications 

services. The two-year pilot program, 

which was extended for three additional 

years, helped ensure that qualified 

individuals who are deafblind have 

specialized customer premises 

equipment designed to access the 

internet and advanced communications. 

Section 64.611(e) prohibits Video Relay 

Service and IP Relay providers from 

assigning or issuing toll-free numbers to 

their customers and requires that, upon 

request of a customer, VRS and IP Relay 

providers transfer any already assigned 

toll-free numbers to a toll-free service 

provider or Responsible Organization 

(RespOrg). 

Need: The rules implementing section 

225 are intended to facilitate 

communication by persons with hearing 

or speech disabilities in order to give 

full effect to the accessibility policies 

embodied in section 225, and to ensure 

that individuals with hearing or speech 

disabilities receive the same quality of 

service as hearing individuals when 

they make TRS calls, regardless of 

where their calls originate or terminate. 

Further, the rules are designed to further 

the TRS functional equivalency 

mandate by ensuring that internet-based 

TRS users can be reached by voice 

telephone users in the same way that 

voice telephone users are called. These 

rules also are intended to ensure that 

emergency calls placed by internetbased TRS users will be routed directly 

and automatically to the appropriate 

emergency services authorities by 

internet-based TRS providers. 

Section 64.610 implemented a 

provision of the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010 (CVAA), 

which allocated $10 million annually 

from the Interstate Telecommunications 

Relay Service (TRS) Fund for this 

nationwide equipment distribution 

effort. These rules were adopted to 

govern a pilot program to support the 

distribution of such specialized CPE and 

the provision of associated services. 

With the establishment of a permanent 

NDBEDP in 2016, 47 CFR 64.6201– 

64.6219, the pilot program ended, and 

final accounting was completed. As a 

result, section 64.610 is no longer 

needed and may be repealed. Section 

64.611(e) promotes the use of 

geographically appropriate numbers and 

provide iTRS customers with access 

functionally equivalent to that enjoyed 

by hearing customers. 

Legal Basis: 47 U.S.C. 151, 152, 225, 

and 620. 

Section Number and Title: 

64.601(a)(3) American Sign 

Language (ASL). 

64.601(a)(9) [redesignated as 

64.601(a)(10)] Common carrier or 

carrier. 

64.601(a)(11) [redesignated as 

64.601(a)(13)] Default provider. 

64.601(a)(12) [redesignated as 

64.601(a)(14)] Default provider change 

order. 

64.601(a)(13) [redesignated as 

64.601(a)(17)] Hearing carry over 

(HCO). 

64.601(a)(15) [redesignated as 

64.601(a)(22)] Internet Protocol 

Captioned Telephone Service (IP CTS). 

64.601(a)(17) [redesignated as 

64.601(a)(24)] IP Relay access 

technology. 

64.601(a)(18) [redesignated as 

64.601(a)(25)] iTRS access technology. 

64.601(a)(24) [redesignated as 

64.601(a)(30)] Original default 

provider. 

64.601(a)(25) [redesignated as 

64.601(a)(31)] Point-to-point video 

call. 

64.601(b) Definitions and provisions 

of general applicability. 

64.603(a) [cross-reference updated]

Provision of Services. 

64.604(a)(4) [redesignated as 47 CFR 

9.14(a)], (a)(6) and (7), (c)(5)(ii), 

(c)(5)(iii)(C) redesignated as 

(c)(5)(iii)(D)], (c)(5)(iii)(F)(1) [crossreferences updated], (c)(5)(iii)(F)(4) 

[cross-references updated], (c)(5)(iii)(L) 

through (N), (c)(6)(i) [cross-references 

updated], (c)(6)(iii)(B) [cross-references 

updated] Mandatory minimum 

standards. 

64.605 [redesignated as 47 CFR 

9.14(b)] Additional Operational 


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Standards Applicable to internet-Based 

TRS Providers; Emergency Calling 

Requirements. 

64.606 [renumbered; previously 

64.605] Internet-based TRS provider 

and TRS program Certification. 

64.607 [renumbered; previously 

64.606] Furnishing related customer 

premises Equipment. 

64.608 [renumbered; previously 

64.607] Provision of hearing aid 

compatible telephones by exchange 

carriers. 

64.609 [renumbered; previously 

64.608; cross-references updated]

Enforcement of related consumer 

premises equipment rules. 

64.610 [superseded by 64.6201 

through 64.6219] Establishment of a 

National Deaf-Blind Equipment 

Distribution Program. 

64.611 internet-based TRS 

registration. 

64.613 Numbering directory for 

internet-based TRS users. 

Subpart L—Restrictions on 

Telemarketing, Telephone Solicitation, 

and Facsimile Advertising 

Brief Description: In compliance with 

the requirements of the Junk Fax 

Prevention Act, the Commission 

amends § 64.1200(a)(3) of the 

Commission’s rules to expressly 

recognize an EBR exemption from the 

prohibition on sending unsolicited 

facsimile advertisements. (The 

Commission correspondingly withdraws 

§ 64.1200(a)(3)(i) of its rules from its 

existing rules, as facsimile senders will 

now be permitted to send facsimile 

advertisements to recipients with whom 

they have an EBR without first securing 

the recipient’s written permission.) 

Need: Congress mandated that the 

Commission issue regulations 

implementing the Junk Fax Prevention 

Act of 2005. As set forth in the statute, 

the Commission: (1) codified an 

established business relationship (EBR) 

exemption to the prohibition on sending 

unsolicited facsimile advertisements; (2) 

provided a definition of an EBR to be 

used in the context of unsolicited 

facsimile advertisements that is not 

limited in duration; (3) required the 

sender of a facsimile advertisement to 

provide specified notice and contact 

information on the facsimile that allows 

recipients to ‘‘opt-out’’ of any future 

facsimile transmissions from the sender; 

and (4) specified the circumstances 

under which a request to ‘‘opt-out’’ 

complies with the Junk Fax Prevention 

Act of 2005. 

Legal Basis: 47 U.S.C. 154, 254(k) 

secs. 403(b)(2)(B), (c), Pub. L. 104–104, 

110 Stat. 56. Interpret or apply 47 U.S.C. 

201, 218, 222, 225, 226, 228, and 254(k) 

unless otherwise noted. 

Section Number and Title(s): 

64.1200(a), (f) revised Delivery 

Restrictions. 

Brief Description: In a Report and 

Order, Rules and Regulations 

Implementing the Telephone Consumer 

Protection Act (TCPA) of 1991, Do-NotCall Registry, the Commission amends 

its rules under the TCPA to require 

sellers and/or telemarketers to honor 

registrations with the National Do-NotCall Registry so that registrations will 

not automatically expire based on the 

current five-year registration period. 

Consistent with the Do Not Call 

Improvement Act of 2007 (DNC Act), 

the Commission extends this 

requirement indefinitely to minimize 

the inconvenience to consumers of 

having to re-register their preferences 

not to receive telemarketing calls and to 

further the underlying goal of the 

National Registry to protect consumer 

privacy rights. The Commission 

concludes that eliminating the need for 

consumers to re-register their numbers 

will enhance consumer privacy 

protections and benefit the Federal 

government in administering the 

National Registry. Making registrations 

permanent adequately balances the need 

to maintain a high level of accuracy in 

the National Registry with the desire to 

have a simple and effective means to 

limit unwanted telemarketing calls. 

Need: The DNC Report and Order 

amends the Commission’s rules so that 

registrations with the National Do-NotCall Registry will not expire after a 

period of five years, consistent with the 

DNC Act and FTC policy. This action 

will benefit consumers, who will no 

longer be required to re-register every 

five years, thereby reducing any burdens 

on consumers in terms of the time and 

effort required to register and the need 

to remember when to re-register. 

Legal Basis: 47 U.S.C. 154, 254(k); 

secs. 403(b)(2)(B), (c), Pub. L. 104–104, 

110 Stat. 56. Interpret or apply 47 U.S.C. 

201, 218, 222, 225, 226, 228, and 254 

(k), unless otherwise noted. 

Section Number and Titles: 

64.1200(c)(2) introductory text revised

Delivery Restrictions. 

Brief Description: In this Report and 

Order, Rules and Regulations 

Implementing the Telephone Consumer 

Protection Act of 1991, the Commission 

requires prior express written consent 

for autodialed or prerecorded 

telemarketing calls to wireless numbers 

and for prerecorded telemarketing calls 

to residential lines. Second, the 

Commission eliminates the ‘‘established 

business relationship’’ exemption as it 

previously applied to prerecorded 

telemarketing calls to residential lines. 

Third, the Commission requires 

telemarketers to implement an 

automated, interactive opt-out 

mechanism for autodialed or 

prerecorded telemarketing calls to 

wireless numbers and for prerecorded 

telemarketing calls to residential lines, 

which would allow a consumer to opt 

out of receiving additional calls 

immediately during a telemarketing 

robocall. Fourth, the Commission 

requires that the permissible three 

percent call abandonment rate be 

calculated for each calling campaign, so 

that telemarketers cannot shift more 

abandoned calls to certain campaigns, 

as is possible if calculation is made 

across multiple calling campaigns. 

Finally, the Commission adopts an 

exemption to its implementing rules 

under the Telephone Consumer 

Protection Act (TCPA) for prerecorded 

health care-related calls to residential 

lines, which are already regulated by the 

Federal Health Insurance Portability and 

Accountability Act. 

Need: The Commission adopts prior 

express written consent for autodialed 

or prerecorded telemarketing calls to 

wireless numbers and for prerecorded 

telemarketing calls to residential lines 

only. Limiting the written consent 

requirement to telemarketing calls 

significantly reduces the compliance 

burden for all entities, including small 

entities. In adopting the written consent 

requirement for autodialed or 

prerecorded telemarketing calls to 

wireless numbers and for prerecorded 

telemarketing calls to residential lines, 

the Commission also concluded that 

consent obtained pursuant to the E– 

SIGN Act will satisfy the requirement of 

its revised rule, including permission 

obtained via an email, website form, text 

message, telephone keypress, or voice 

recording. Accepting consent pursuant 

to the E–SIGN Act relieves all 

businesses, including small entities, 

from the economic impact of generating 

and retaining a paper document to 

evidence their compliance. 

Legal Basis: 47 U.S.C. 154, 254(k); 

403(b)(2)(B), (c), Pub. L. 104–104, 110 

Stat. 56. Interpret or apply 47 U.S.C. 

201, 218, 222, 225, 226, 227, 228, 

254(k), 616, and 620 unless otherwise 

noted. 

Section Number and Titles: 

64.1200(a) through (c), (f) revised

Delivery Restrictions. [note that the 

64.1200(a)(4)(iv) opt out requirement 

has been removed if permission/consent 

is for the fax]. 


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5The President signed the Truth in Caller ID Act 

into law on December 22, 2010. Truth in Caller ID 

Act of 2009, Public Law 111–331, codified at 47 

U.S.C. 227(e). 

6The Commission proposed to amend § 64.2010 

to require wireless carriers to adopt secure methods 

of authenticating a customer before redirecting a 

customer’s phone number to a new device and to 

immediately notify customers whenever a 

subscriber identity module (SIM) change request is 

made on a customers’ accounts, and sought 

comment on other ways to protect customers from 

fraud related to SIM changes. Protecting Customers 

from SIM Swap and Port-Out Fraud, WC Docket No. 

21–341, Notice of Proposed Rulemaking, 36 FCC 

Rcd 14120 (2021). 

7The Commission has proposed updates to 

§ 64.2011 addressing telecommunications carriers’ 

breach notification duties to ensure that affected 

customers, the Commission, and other Federal law 

enforcement agencies receive the information they 

need to mitigate and prevent harm due to a breach 

and take action to deter future breaches. Data 

Breach Reporting Requirements, WC Docket No. 

22–21, Notice of Proposed Rulemaking, FCC 22–102 

(2023). 

Subpart P—Calling Party Telephone 

Number; Privacy 

Brief Description: These rule sections 

implement the Truth in Caller ID Act of 

2009,5 and prohibit any person or entity 

from knowingly spoofing caller 

identification information with the 

intent to defraud, cause harm, or 

wrongfully obtain anything of value. 

Sections 1.80(a)(4), (b)(3) and (c) 

establish forfeiture provisions for 

violations of the Truth in Caller ID Act 

or the Commission’s rules under the 

Truth in Caller ID Act. Sections 

64.1600(c), (d), (g) and (h) set out 

definitions used in connection with the 

Truth in Caller ID rules. Section 64.1604 

establishes the rule against transmission 

of inaccurate or misleading caller 

identification information and 

exceptions to the rule. 

Need: These rule sections carry out 

the Commission’s statutory obligation to 

implement the Truth in Caller ID Act. 

Legal Basis: Section 2 of the Truth in 

Caller ID Act of 2009, Pub. L. 11–331; 

47 U.S.C. 151, 154(i), 154(j), 227, and 

303 (r). 

Section Number and Title: 

64.1600(c), (d), (g), (h) Definitions. 

64.1604 Prohibition on transmission 

of inaccurate or misleading caller 

identification information. 

Subpart U—Customer Proprietary 

Network Information 

Brief Description: These rules 

implement increased safeguards to the 

Commission’s customer proprietary 

network information (CPNI) rule to 

protect customers’ CPNI against 

unauthorized access and disclosure. 

Sections 64.2003(a), (b), (d), (m), (q), 

and (r) set out definitions of key terms 

used in the Commission’s CPNI rules. 

Section 64.2003(k) extends the 

application of the Commission’s CPNI 

rules to providers of interconnected 

VoIP service. Section 64.2009(e) 

requires carriers to file with the 

Commission an annual certification, 

including an explanation of any actions 

taken against data brokers and a 

summary of all consumer complaints 

received in the previous year regarding 

the unauthorized release of CPNI. 

Sections 64.2010(b), (c) and (d) restrict 

the release of call detail information in 

customer-initiated telephone contacts, 

requires mandatory password protection 

for online account access, and permits 

carriers to provide CPNI to customers 

based on in-store contact with a valid 

photo ID, respectively.6 Section 64.2011 

establishes a notification process for 

both law enforcement and customers in 

the event of a CPNI breach.7

Need: These rules limit pretexters’ 

ability to obtain unauthorized access to 

personal customer information from 

carriers the Commission regulates. 

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

222, and 303(r). 

Section Number and Title: 

64.2003(a), (b), (d), (m), (q), (r)

Definitions. 

64.2005(c)(3) Use of customer 

proprietary network information 

without customer approval. 

64.2009(e) Safeguards required for 

use of customer proprietary network 

information. 

64.2010 Safeguards on the 

disclosure of customer proprietary 

network information. 

64.2011 Notification of customer 

proprietary network information 

security breaches. 

PART 69—ACCESS CHARGES 

Subpart A—General 

Brief Description: These rules 

implement measures to address the 

artificial stimulation of interstate 

switched access charges by requiring 

carriers, or groups of carriers, that 

engage in access stimulation to refile 

their tariffs to reflect lower rates for 

these services. Sections 69.3(e)(12)(i)– 

(iii) require local exchange carriers, or 

groups that include at least one local 

exchange carrier engaged in access 

stimulation, to: (1) file their own access 

tariffs, (2) withdraw from interstate 

access tariffs issued by the National 

Exchange Carrier Association, and (3) 

give notice of their intent to withdraw 

from the National Exchange Carrier 

Association tariffs within 45 days of 

beginning access stimulation. Section 

69.1(d) provides that the provisions of 

Part 51—Interconnection, subparts H 

(Reciprocal Compensation for Transport 

and Termination of 

Telecommunications Traffic) and J 

(Transitional Access Service Pricing) 

control in the event of a conflict 

between those provisions and the 

provisions of part 69. 

Need: These rules help to curtail 

access stimulation, which imposes 

undue costs on consumers and 

inefficiently diverts capital away from 

more productive uses such as 

broadband deployment. 

Legal Basis: 47 U.S.C. 154, 201, 202, 

203, 205, 218, 220, 254, and 403. 

Section Number and Title: 

69.1(d) Application of access 

charges. 

69.3(e)(12)(i) through (iii) Filing of 

access service tariffs. 

PART 73—RADIO BROADCAST 

SERVICES 

Subpart A—AM Broadcast Stations 

Brief Description: These rules permit 

the use of computer modeling 

techniques to verify that directional AM 

antennas perform as authorized and 

reduce the time and expense associated 

with the license application for a 

directional AM station. They were 

adopted collectively by the 

Commission. (An Inquiry Into the 

Commission’s Policies and Rules 

Regarding AM Radio Service Directional 

Antenna Performance Verification, 

Second Report and Order and Second 

Further Notice of Proposed Rulemaking, 

FCC 08–228). 

Need: These rules are necessary 

because they are consistent with the 

Commission’s streamlining initiatives, 

reduce the regulatory burden upon 

directional AM stations to the extent 

possible while maintaining the integrity 

of the service. 

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

336, and 339. 

Section Number and Title: 

73.61(a), (b) AM directional antenna 

field strength measurements. 

Brief Description: This rule addresses 

corrective actions an AM broadcast 

station licensee must take when 

encountering certain difficulties in the 

operation of a station’s AM directional 

antenna. (Amendment of the 

Commission’s Rules Regarding AM 

Directional Antennas, Report and Order, 

FCC 07–97) 

Need: These rules provide AM 

licensees with explicit guidance on 

operating AM broadcast stations with 

directional antennas. 

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

310, 334, and 336. 

Section Number and Title: 


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73.62 Directional antenna system 

operation and tolerances. 

Brief Description: These rules permit 

the use of computer modeling 

techniques to verify that directional AM 

antennas perform as authorized and 

reduce the time and expense associated 

with the license application for a 

directional AM station. They were 

adopted collectively by the 

Commission. (An Inquiry Into the 

Commission’s Policies and Rules 

Regarding AM Radio Service Directional 

Antenna Performance Verification, 

Second Report and Order and Second 

Further Notice of Proposed Rulemaking, 

FCC 08–228). 

Need: These rules are necessary 

because they are consistent with the 

Commission’s streamlining initiatives, 

reduce the regulatory burden upon 

directional AM stations to the extent 

possible while maintaining the integrity 

of the service. 

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

336, and 339. 

Section Number and Title: 

73.68(a) revised, (b) Sampling 

systems for antenna monitors. 

Brief Description: These rules permit 

the use of computer modeling 

techniques to verify that directional AM 

antennas perform as authorized and 

reduce the time and expense associated 

with the license application for a 

directional AM station. They were 

adopted collectively by the 

Commission. (An Inquiry Into the 

Commission’s Policies and Rules 

Regarding AM Radio Service Directional 

Antenna Performance Verification, 

Second Report and Order and Second 

Further Notice of Proposed Rulemaking, 

FCC 08–228). 

Need: These rules are necessary 

because they are consistent with the 

Commission’s streamlining initiatives, 

reduce the regulatory burden upon 

directional AM stations to the extent 

possible while maintaining the integrity 

of the service. 

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

336, and 339. 

Section Number and Title: 

73.151 introductory text and (c)

Field strength measurements to 

establish performance of directional 

antennas. 

73.155 Directional antenna 

performance recertification. 

Subpart B—FM Broadcast Stations 

Brief Description: This rule 

implements procedures for allocating 

new FM channels and modifying the 

communities of license of existing radio 

stations. (Revision of Procedures 

Governing Amendments to FM Table of 

Allotments and Changes of Community 

of License in the Radio Broadcast 

Services, Second Report and Order, FCC 

06–163). 

Need: These rules are necessary to 

streamline the process of allocating new 

FM channels, modifying the 

communities of existing radio stations, 

and to reduce backlogs in proceedings 

to amend the FM Table of Allotments. 

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

and 336. 

Section Number and Title: 

73.202 Table of Allotments. 

73.203 Availability of Channels. 

Subpart C—Digital Audio Broadcasting 

Brief Description: These rules foster 

the development of a vibrant terrestrial 

digital radio service for the public and 

ensures that radio stations are able to 

successfully implement digital audio 

broadcasting. (Digital Audio 

Broadcasting Systems and Their Impact 

on the Terrestrial Radio Broadcast 

Service, Second Report and Order, FCC 

07–33). 

Need: These rules are necessary for 

the operation of a terrestrial digital radio 

service. 

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

310, 334, and 336. 

Section Number and Title: 

73.404 Interim hybrid IOBC DAB 

operation. 

Subpart E—Television Broadcast 

Stations 

Brief Description: These rules provide 

procedures necessary to ensure that 

broadcasters were able to timely 

complete their transitions from analog 

to digital service and are able to 

continue to provide digital television 

service. They were adopted collectively 

by the Commission. (Third Periodic 

Review of the Commission’s Rules and 

Policies Affecting the Conversion to 

Digital Television, Report and Order, 

FCC 07–228). 

Need: These rules ensured that full 

power broadcasters met their statutory 

obligation and deadline to convert to 

digital technology and viewers did not 

and do not lose service. 

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

and 336. 

Section Number and Title: 

73.616 Post-transition DTV station 

interference protection. 

73.622(f)(4) Digital television table 

of allotments. 

73.623(a) DTV applications and 

changes to DTV allotments. 

73.624(d)(1) introductory text, 

(d)(1)(v) through (vii), (d)(3), (g) 

introductory text, (g)(2) Digital 

television broadcast stations. 

Brief Description: This rule extends 

the duration of certain licenses and 

construction permits, to conform to the 

new, June 12, 2009, digital television 

transition date. (Implementation of the 

DTV Delay Act, Second Report and 

Order, FCC 09–11). 

Need: These rules modify the tolling 

standard to extend to construction 

deadline if a station is unable to meet 

the digital television transition deadline 

due to international coordination with 

Mexico and Canada. 

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

and 336. 

Section Number and Title: 

73.624(d)(1)(vii), (3)(ii) and (iii)

Digital television broadcast stations. 

Brief Description: This rule 

establishes an annual fee for the 

provision of certain ancillary and 

supplementary service provided by low 

power television stations converting to 

digital operations. (Digital Low Power 

Television, Television Translator, and 

Television Booster Stations and To 

Amend Rules for Digital Class A 

Television Stations, Second Report and 

Order, FCC 11–110). 

Need: This rule is necessary to fulfill 

the requirements of section 336 of the 

Communications Act of 1934 that the 

public recover a portion of the value of 

the public spectrum resource made 

available for commercial use, as well as 

to avoid unjust enrichment of 

broadcasters that use that resource. 

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

and 336. 

Section Number and Title: 

73.624(g) Digital television 

broadcast stations. 

Brief Description: These rules permit 

the use of distributed transmission 

system technologies in the digital 

television service. The rules allow DTV 

station licensees and permittees to use 

DTS technologies where feasible in 

place of a single transmitter to provide 

service as authorized. (Digital Television 

Distributed Transmission System 

Technologies, Report and Order, FCC 

08–256). 

Need: These rules will help improve 

some DTV stations’ ability to serve more 

of their viewers within their service 

areas. For example, we expect that DTS 

will be especially useful in 

mountainous areas where single 

transmitters have been unable to reach 

viewers in valleys or those blocked by 

elevated terrain. 

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

and 336. 

Section Number and Title: 

73.626 DTV distributed transmission 

systems. 

Brief Description: These rules 

modernize rules concerning children’s 


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programming to include restrictions on 

displaying internet website addresses. 

They were adopted collectively by the 

Commission to modernize its rules 

implementing the Act in light of the 

Digital TV Transition. (In the Matter of 

Children’s Television Obligations Of 

Digital Television Broadcasters, Second 

Order on Reconsideration and Second 

Report and Order, FCC 06–143). 

Need: These rules are necessary to 

ensure that the Commission’s rules 

continue to respond the Congressional 

mandate in the Children’s Television 

Act by protecting children from 

advertising directing them to internet 

sites. 

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

and 336. 

Section Number and Title: 

73.670(b) through (d), Note 1

Commercial limits in children’s 

programs. 

Brief Description: These rules provide 

procedures necessary to ensure that 

broadcasters were able to timely 

complete their transitions from analog 

to digital service and are able to 

continue to provide digital television 

service. They were adopted collectively 

by the Commission. (Third Periodic 

Review of the Commission’s Rules and 

Policies Affecting the Conversion to 

Digital Television, Report and Order, 

FCC 07–228). 

Need: These rules ensured that full 

power broadcasters met their statutory 

obligation and deadline to convert to 

digital technology and viewers did not 

and do not lose service. 

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

and 336. 

Section Number and Title: 

73.682(d) TV transmission 

standards. 

Brief Description: This rule makes 

mandatory a technical standard, 

developed by an industry standards 

development body, that is designed to 

prevent digital television commercial 

advertisements from being transmitted 

at louder volumes than the program 

material they accompany. 

(Implementation of the Commercial 

Advertisement Loudness Mitigation 

(CALM) Act, Report and Order, FCC 11– 

182). 

Need: This rule is necessary to 

implement the Commercial 

Advertisement Loudness Mitigation Act 

to protect viewers from excessively loud 

commercials. 

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

and 336. 

Section Number and Title: 

73.682(e), Note TV Transmission 

standards. 

Brief Description: This rule adopts a 

predictive model for determining the 

ability of individual locations to receive 

an over-the-air digital television 

broadcast signal at the intensity level 

needed for service through the use of an 

antenna. (Satellite Television Extension 

and Localism Act of 2010 and Satellite 

Home Viewer Extension and 

Reauthorization Act of 2004, Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 10–194). 

Need: This rule is necessary to fulfill 

the requirement of the Satellite 

Television Extension and Localism Act 

of 2010. 

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

336, and 339. 

Section Number and Title: 

73.683(d), (e) Field strength 

contours and presumptive 

determination of field strength at 

individual locations. 

Brief Description: This rule 

establishes measurement procedures for 

determining the strength of a digital 

broadcast television (DTV) signal at any 

specific location. These procedures are 

used for determining whether 

households are eligible to receive 

distant DTV network signals 

retransmitted by satellite carriers. 

(Digital Television Signals Pursuant to 

the Satellite Home Viewer Extension 

and Reauthorization Act of 2004, Report 

and Order, FCC 10–195). 

Need: These rules are necessary to 

fulfill the requirement of the Satellite 

Television Extension and Localism Act 

of 2010. 

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

336, and 339. 

Section Number and Title: 

73.684(d), (e) Field strength 

measurements. 

Brief Description: Section 73.686 sets 

forth the procedures for measuring the 

field strength of television broadcast 

stations. Paragraph (d) of this section 

governs the measurement of NTSC 

television signal intensity while 

paragraph (e) of this section governs the 

measurement of digital television (DTV) 

signal intensity. 

Need: These rules specify how field 

strength data must be collected for 

different types of television broadcast 

stations. This data is then used for 

propagation analysis. Accurate field 

strength measurement and propagation 

analysis are necessary to ensure that 

television broadcast stations operate as 

intended and do not cause harmful 

interference. 

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

and 336. 

Section Number and Title: 

73.686(d), (e) Field strength 

measurements. 

Subpart G—Low Power FM Broadcast 

Stations (LPFM) 

Brief Description: These rules provide 

procedures and guidance to promote the 

operation and expansion of the low 

power FM (LPFM) service through its 

technical and ownership rules. 

(Creation of a Low Power Radio Service, 

Third Report and Order, FCC 07–204). 

Need: These rules help ensure the 

viability and success of the LPFM 

service. 

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

336, and 339. 

Section Number and Title: 

73.809(a), (b) Inference protection to 

full service FM stations. 

73.853(b)(1) through (3) Licensing 

requirements and service. 

73.865 Assignment and transfer of 

LPFM licenses. 

73.870(f) Processing of LPFM 

broadcast station applications. 

73.871(c)(2) through (4) Amendment 

of LPFM broadcast station applications. 

73.872(c)(1) through (3) Selection 

procedure for mutually exclusive LPFM 

applications. 

Subpart H—Rules Applicable to All 

Broadcast Stations 

Brief Description: This rule provides 

the required content that must be 

provided by a station as part of a 

broadcaster’s official station 

identification. (Digital Audio 

Broadcasting Systems and Their Impact 

on the Terrestrial Radio Broadcast 

Service, Second Report and Order, First 

Order on Reconsideration, and Second 

Further Notice of Proposed Rulemaking, 

FCC 07–33). 

Need: These rules are necessary to 

ensure broadcast stations, including 

digital radio and television stations, 

properly identify themselves to the 

public. 

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

Section Number and Title: 

73.1201(b) Station identification. 

Brief Description: These rules require 

that television station public inspection 

files be made available in an online 

public file that is hosted on the 

Commission’s website. (Standardized 

and Enhanced Disclosure Requirements 

for Television Broadcast Licensee Public 

Interest Obligations; Extension of the 

Filing Requirement for Children’s 

Television Programming Report (FCC 

Form 398), Second Report and Order, 

FCC 12–44). 

Need: These rules are necessary to 

provide guidance as to what documents 

must be maintained in a television 

station’s online public file. 

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

and 554. 


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Section Number and Title: 

73.1212(e) Sponsorship 

identification; list retention; related 

requirements. 

Brief Description: This rule addresses 

transmission system operations for 

broadcast television and radio stations. 

(Amendment of the Commission’s Rules 

Regarding AM Directional Antennas, 

Report and Order, FCC 07–97) 

Need: These rules are necessary to 

ensure licenses maintain and operate a 

broadcast station in a manner that is 

consistent with the Commission’s rules. 

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

310, 334, and 336. 

Section Number and Title: 

73.1350 (b)(2), (d), and (e)

Transmission System Operation. 

Brief Description: These rules provide 

procedures for processing and allocating 

new FM channels, modifying the 

communities of license of existing radio 

stations, and amending the FM Table of 

allotments. They were adopted 

collectively by the Commission. 

(Revision of Procedures Governing 

Amendments to FM Table of Allotments 

and Changes of Community of License 

in the Radio Broadcast Services, Report 

and Order, FCC 06–163). 

Need: These rules are necessary to 

provide streamlined processes for 

allocating new FM channels, modifying 

the communities of license of existing 

radio stations, and amending the FM 

Table of allotments. 

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

310, 334, and 336. 

Section Number and Title: 

73.1690(b)(9) Modification of 

transmission systems. 

Brief Description: These rules require 

that television station public inspection 

files be made available in an online 

public file that is hosted on the 

Commission’s website. (Standardized 

and Enhanced Disclosure Requirements 

for Television Broadcast Licensee Public 

Interest Obligations; Extension of the 

Filing Requirement for Children’s 

Television Programming Report (FCC 

Form 398), Second Report and Order, 

FCC 12–44). 

Need: These rules are necessary to 

provide guidance as to what documents 

must be maintained in a television 

station’s online public file. 

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

and 554. 

Section Number and Title: 

73.1943(d) Political file. 

Brief Description: There rules afford 

eligible entities that acquire an expiring 

construction permit additional time to 

build out, revises the Commission’s 

equity/debt plus attribution standard to 

facilitate investment in eligible entities, 

and adopts other policies to prevent 

discrimination in transactions and 

encourage diverse ownership in the 

broadcast industry. (In the Matter of 

Promoting Diversification of Ownership 

in the Broadcasting Services, Report and 

Order and Third Further Notice of 

Proposed Rulemaking, FCC 07–217). 

Need: These rules were adopted to 

expand opportunities for participation 

in the broadcasting industry by new 

entrants and small businesses, including 

minority- and women-owned 

businesses. 

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

336, and 339. 

Section Number and Title: 

73.2090 Ban on discrimination in 

broadcast transactions. 

Brief Description: These rules require 

that television station public inspection 

files be made available in an online 

public file that is hosted on the 

Commission’s website. (Standardized 

and Enhanced Disclosure Requirements 

for Television Broadcast Licensee Public 

Interest Obligations; Extension of the 

Filing Requirement for Children’s 

Television Programming Report (FCC 

Form 398), Second Report and Order, 

FCC 12–44). 

Need: These rules are necessary to 

provide guidance as to what documents 

must be maintained in a television 

station’s online public file. 

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

and 554. 

Section Number and Title: 

73.2526(b), (e)(11)(i) Online public 

inspection file of commercial stations. 

73.3527(b), (e)(8) Online public 

inspection file of noncommercial. 

educational stations. 

Brief Description: There rules afford 

eligible entities that acquire an expiring 

construction permit additional time to 

build out, revises the Commission’s 

equity/debt plus attribution standard to 

facilitate investment in eligible entities, 

and adopts other policies to prevent 

discrimination in transactions and 

encourage diverse ownership in the 

broadcast industry. (In the Matter of 

Promoting Diversification of Ownership 

in the Broadcasting Services, Report and 

Order and Third Further Notice of 

Proposed Rulemaking, FCC 07–217). 

Need: These rules were adopted to 

expand opportunities for participation 

in the broadcasting industry by new 

entrants and small businesses, including 

minority- and women-owned 

businesses. 

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

336, and 339. 

Section Number and Title: 

73.3555 Note 2 Multiple ownership. 

Brief Description: This rule adopts a 

maximum aggregate national audience 

reach of any single television station 

owner and sets for procedures for 

divestiture in the even the specified 

national television ownership limit is 

reached. (Implementation of section 629 

of the Consolidated Appropriations Act, 

2004 (National Broadcast Television 

Ownership), Order, FCC 06–117). 

Need: These rules are necessary in 

furtherance of statute and to promote 

localism, competition, and diversity. 

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

and 336. 

Section Number and Title: 

73.3555 (e)(1), (e)(3) Multiple 

ownership. 

Brief Description: These rules provide 

procedures for processing and allocating 

new FM channels, modifying the 

communities of license of existing radio 

stations, and amending the FM Table of 

allotments. They were adopted 

collectively by the Commission. 

(Revision of Procedures Governing 

Amendments to FM Table of Allotments 

and Changes of Community of License 

in the Radio Broadcast Services, Report 

and Order, FCC 06–163). 

Need: These rules are necessary to 

provide streamlined processes for 

allocating new FM channels, modifying 

the communities of license of existing 

radio stations, and amending the FM 

Table of allotments. 

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

310, 334, and 336. 

Section Number and Title: 

73.3571(a)(1), (j) Processing of AM 

broadcast station applications. 

Brief Description: This rule 

implements procedures designed to 

promote ownership and programming 

diversity, especially by Native American 

tribes, and to streamline processing of 

AM radio applications. (Policies To 

Promote Rural Radio Service and To 

Streamline Allotment and Assignment 

Procedures, Second Report and Order, 

FCC 11–28). 

Need: This rule is necessary to 

provide a process for filing and 

processing certain AM radio 

applications. 

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

336, and 339. 

Section Number and Title: 

73.3571(h)(1)(ii) and note Processing 

of AM broadcast station applications. 

Brief Description: This rule 

implements procedures designed to 

promote ownership and programming 

diversity, especially by Native American 

tribes, and to streamline processing of 

AM radio applications. (Policies To 

Promote Rural Radio Service and To 

Streamline Allotment and Assignment 

Procedures, Report and Order and 

Further Notice of Proposed Rulemaking, 

FCC 10–24). 

Need: This rule is necessary to 

provide a process for filing and 


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processing certain AM radio 

applications. 

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

336, and 339. 

Section Number and Title: 

73.3571(h)(4)(iii), (k) Processing of 

AM broadcast station applications. 

Brief Description: This rule 

implements a process to enable Class A 

television stations to complete the 

digital transition process. (Digital Low 

Power Television, Television Translator, 

and Television Booster Stations and To 

Amend Rules for Digital Class A 

Television Stations, Second Report and 

Order, FCC 11–110). 

Need: The rule is necessary to enable 

Class A stations to complete their 

transition from analog to digital 

operations. 

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

336, and 339. 

Section Number and Title: 

73.3572(h) Processing of TV 

broadcast, Class A TV broadcast, low 

power TV, TV translators, and TV 

booster applications. 

Brief Description: These rules provide 

procedures for processing and allocating 

new FM channels, modifying the 

communities of license of existing radio 

stations, and amending the FM Table of 

allotments. They were adopted 

collectively by the Commission. 

(Revision of Procedures Governing 

Amendments to FM Table of Allotments 

and Changes of Community of License 

in the Radio Broadcast Services, Report 

and Order, FCC 06–163). 

Need: This rule is necessary to 

provide streamlined processes for 

allocating new FM channels, modifying 

the communities of license of existing 

radio stations, and amending the FM 

Table of allotments. 

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

310, 334, and 336. 

Section Number and Title: 

73.3573(a)(1), Note 1, (g) Processing 

of FM broadcast station applications. 

Brief Description: These rules require 

that television station public inspection 

files be made available in an online 

public file that is hosted on the 

Commission’s website. (Standardized 

and Enhanced Disclosure Requirements 

for Television Broadcast Licensee Public 

Interest Obligations; Extension of the 

Filing Requirement for Children’s 

Television Programming Report (FCC 

Form 398), Second Report and Order, 

FCC 12–44). 

Need: These rules are necessary to 

provide guidance as to what documents 

must be maintained in a television 

station’s online public file. 

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

and 554. 

Section Number and Title: 

73.3580(d)(4)(i) and (ii) Local public 

notice of filing of broadcast 

applications. 

Brief Description: The rule provides 

for the construction period and manner 

of extending a construction permit for 

LPFM stations. (Creation of a Low Power 

Radio Service, Third Report and Order, 

FCC 07–204). 

Need: The rule was adopted to ensure 

the timely construction of LPFM 

stations while providing necessary 

flexibility. 

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

336, and 339. 

Section Number and Title: 

73.3598(a) introductory text Period 

of construction. 

Brief Description: There rules afford 

eligible entities that acquire an expiring 

construction permit additional time to 

build out, revises the Commission’s 

equity/debt plus attribution standard to 

facilitate investment in eligible entities, 

and adopts other policies to prevent 

discrimination in transactions and 

encourage diverse ownership in the 

broadcast industry. (In the Matter of 

Promoting Diversification of Ownership 

in the Broadcasting Services, Report and 

Order and Third Further Notice of 

Proposed Rulemaking, FCC 07–217). 

Need: These rules were adopted to 

expand opportunities for participation 

in the broadcasting industry by new 

entrants and small businesses, including 

minority- and women-owned 

businesses. 

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

336, and 339. 

Section Number and Title: 

73.3598(a)(1) through (3) Period of 

construction. 

Brief Description: These rules provide 

procedures necessary to ensure that 

broadcasters were able to timely 

complete their transitions from analog 

to digital service and are able to 

continue to provide digital television 

service. They were adopted collectively 

by the Commission. (Third Periodic 

Review of the Commission’s Rules and 

Policies Affecting the Conversion to 

Digital Television, Report and Order, 

FCC 07–228). 

Need: These rules ensure that full 

power broadcasters met their statutory 

obligation and deadline to convert to 

digital technology and viewers did not 

and do not lose service. 

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

and 336. 

Section Number and Title: 

73.3598(a), (b) Period of 

construction. 

Brief Description: This rule extends 

the duration of certain licenses and 

construction permits, to conform to the 

new, June 12, 2009, digital television 

transition date. (Implementation of the 

DTV Delay Act, Second Report and 

Order, FCC 09–11). 

Need: These rules modify the tolling 

standard to extend to construction 

deadline if a station is unable to meet 

the digital television transition deadline 

due to international coordination with 

Mexico and Canada. 

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

and 336. 

Section Number and Title: 

73.3598(b)(3) Construction Period 

Brief Description: This rule includes 

reporting requirements on FCC Form 

323, ‘‘Ownership Report for Commercial 

Broadcast Stations’’ to improve Form 

323 data collection in order to obtain an 

accurate, reliable, and comprehensive 

assessment of minority and female 

broadcast ownership in the United 

States. (Promoting Diversification of 

Ownership in the Broadcasting Services, 

Report and Order, FCC 09–33). 

Need: These rules help improve Form 

323 data collection in order to obtain an 

accurate, reliable, and comprehensive 

broadcast ownership in the United 

States. 

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

336, and 339. 

Section Number and Title: 

73.3615(a) Ownership reports. 

Subpart I—Procedurs for Competitive 

Bidding and for Applications for 

Noncommerical Educational Broadcast 

Stations on Non-Reserved Channels 

Brief Description: These rules 

implement procedures designed to 

promote ownership and programming 

diversity, especially by Native American 

tribes, and to streamline processing of 

AM and FM applications. (Policies To 

Promote Rural Radio Service and To 

Streamline Allotment and Assignment 

Procedures, Report and Order and 

Further Notice of Proposed Rulemaking, 

FCC 10–24). 

Need: These rules are necessary in 

order to set procedures for competitive 

bidding and applications for 

noncommercial educational broadcast 

stations on non-reserved channels. 

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

336, and 339. 

Section Number and Title: 

73.5002(c) Application and 

certification procedures; return of 

mutually exclusive applications not 

subject to competitive bidding 

procedures; prohibition of collusion. 

73.5005(a) Filing of long-form 

applications. 

73.5007(a), Note 1 Designated entity 

provisions. 

Brief Description: The rule 

implements methods to facilitate 


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investment in eligible entities and 

encourage diverse ownership in the 

broadcast industry. (In the Matter of 

Promoting Diversification of Ownership 

in the Broadcasting Services, Report and 

Order and Third Further Notice of 

Proposed Rulemaking, FCC 07–217). 

Need: These rules were adopted to 

expand opportunities for participation 

in the broadcasting industry by new 

entrants and small businesses, including 

minority- and women-owned 

businesses. 

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

336, and 339. 

Section Number and Title: 

73.5008(c) Definitions applicable for 

designated entity provisions. 

Subpart J—Class A Television 

Broadcast Stations 

Brief Description: These rules permit 

the use of distributed transmission 

system technologies in the digital 

television service. The rules allow DTV 

station licensees and permittees to use 

DTS technologies where feasible in 

place of a single transmitter to provide 

service as authorized. (Digital Television 

Distributed Transmission System 

Technologies, Report and Order, FCC 

08–256). 

Need: These rules will help improve 

some DTV stations’ ability to serve more 

of their viewers within their service 

areas. For example, we expect that DTS 

will be especially useful in 

mountainous areas where single 

transmitters have been unable to reach 

viewers in valleys or those blocked by 

elevated terrain. 

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

and 336. 

Section Number and Title: 

73.6023 Distributed transmission 

systems. 

Brief Description: This rule extends 

FCC Form 323 ownership reporting 

requirements to low power television 

stations, including Class A stations, to 

file biennially. (Promoting 

Diversification of Ownership in the 

Broadcasting Services, Report and 

Order, FCC 09–33). 

Need: These rules help improve Form 

323 data collection in order to obtain an 

accurate, reliable, and comprehensive 

assessment of broadcast ownership in 

the United States. 

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

336, and 339. 

Section Number and Title: 

73.6026 Broadcast regulations 

applicable to Class A televisions 

stations. 

Subpart K—Application and Selection 

Procedures for Reserved 

Noncommercial Educational Channels, 

and for Certain Applications for 

Noncommercial Educational Stations 

on Non-Reserved Channels 

Brief Description: These rules 

implement procedures designed to 

promote ownership and programming 

diversity, especially by Native American 

tribes, and to streamline processing of 

AM and FM applications. (Policies To 

Promote Rural Radio Service and To 

Streamline Allotment and Assignment 

Procedures, Report and Order, FCC 11– 

28). 

Need: These rules are necessary to 

help promote access to radio services in 

rural areas. 

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

336, and 339. 

Section Number and Title: 

73.7000 Definition of terms (as used 

in subpart K only). 

73.7002(b) Fair distribution of 

service on reserved band FM channels. 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIUBTIONAL SERVICES 

Subpart—General; Rules Applicable to 

All Services in Part 74 

Brief Description: This rule reduces 

the regulatory burden for the 18 GHz 

band by adding new channel-size 

options for FS operations along with 

channelization and emission flexibility 

for multichannel video programming 

distributors below 18.3 GHz, thereby 

facilitating the relocation to spectrum at 

17.7–18.3 GHz and 19.3–19.7 GHz. 

(Rechannelization of the 17.7–19.7 GHz 

Frequency Band for Fixed Microwave 

Services, Report and Order, FCC 06– 

141). 

Need: These rules are necessary to 

encourage efficient use of the spectrum 

by all FS licensees and provide a 

regulatory environment that will allow 

MVPDs to provide competitive services 

while protecting Federal earth stations. 

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

336(f), 336(h), and 554. 

Section Number and Title: 

74.25(c)(3) Temporary conditional 

operating authority. 

74.32(a) Operation in the 17.7–17.8 

GHz and 17.8–19.7 GHz Bands. 

Subpart E—Aural Broadcast Auxilliary 

Stations 

Brief Description: This rule provides 

for the use of the 942–944 MHz band. 

(Non-Substantive Revisions to the Table 

of Frequency Allocations, Memorandum 

Opinion and Order, FCC 08–530). 

Need: These rules ensure consistency 

with worldwide spectrum allocations. 

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

336(f), 336(h), and 554. 

Section Number and Title: 

74.502(a) and Note Frequency 

assignment. 

Subpart F—Television Broadcast 

Auxiliary Stations 

Brief Description: These rules reflect 

what frequencies are available for 

assignment to television pickup, 

television STL, television relay and 

television translator relay stations, and 

require registration of TV pickup 

stations in certain spectrum bands. 

(Facilitating the Use of Microwave for 

Wireless Backhaul and Other Uses and 

Providing Additional Flexibility To 

Broadcast Auxiliary Service and 

Operational Fixed Microwave Licensees, 

Report and Order, Further Notice of 

Proposed Rulemaking, and 

Memorandum Opinion and Order, FCC 

11–120). 

Need: These rules are necessary to 

prevent interference with licensed users 

of the same and adjacent spectrum 

bands. 

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

307, 336(f), 336(h), and 554. 

Section Number and Title: 

74.602(a) introductory text

Frequency assignment. 

74.605 Registration of stationary 

television pickup receive sites. 

Brief Description: Section 74.638 sets 

forth the frequency coordination 

procedures between terrestrial 

Broadcast Auxiliary Service and Cable 

Television Relay Service (BAS/CARS) 

operations and geostationary satellite 

orbit (GSO) or non-geostationary 

satellite orbit (NGSO) fixed-satellite 

service (FSS) operations in the 6875– 

7075 MHz (7 GHz) and 12750–13250 

MHz (13 GHz) bands. (Coordination 

Between the NonGeostationary and 

Geostationary Satellite Orbit, Report 

and Order, FCC 10–15). 

Need: These rules are necessary to 

ensure proper coordination of frequency 

assignments among Television 

Broadcast Auxiliary Station licensees, 

which minimizes the chances of 

harmful interference. 

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

336(f), 336(h), and 554. 

Section Number and Title: 

74.638(a) through (d) Frequency 

coordination. 

Brief Description: This rule waives the 

deadline by which Sprint Nextel must 

complete relocation of the broadcast 

auxiliary service (BAS) to frequencies 

above 2025 MHz until February 8, 2010. 

The rule also eliminates the requirement 


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that MSS entrants to the 2000–2020 

MHz band may not begin operations 

until the BAS incumbents in the top 30 

markets by population and all fixed 

BAS links in the 1990–2025 MHz band 

have been relocated. MSS entrants will 

be allowed to conduct operations in 

markets where the BAS incumbents 

have not been relocated only if they 

successfully coordinate with the BAS 

incumbents. (Relocation of 2 GHz 

Broadcast Auxiliary Service, Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 09–49). 

Need: These rules helped to 

coordinate the timely relocation of BAS 

licensees in order to implement new 

services in the 1990–2025 MHz band. 

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

336(f), 336(h) and 554. 

Section Number and Title: 

74.690(e)(1)(i) Transition of the 

1990–2025 MHz band from the Cable 

Television Relay Service to emerging 

technologies. 

Subpart G—Low Power TV and TV 

Translator Stations 

Brief Description: These rules 

establish processes to facilitate and 

enable low power television and 

television translator stations to 

transition from analog to digital 

operations. (Digital Low Power 

Television, Television Translator, and 

Television Booster Stations and To 

Amend Rules for Digital Class A 

Television Stations, Second Report and 

Order, FCC 11–110). 

Need: These rules are necessary to 

enable low power television and 

television translator stations to conduct 

digital operations. 

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

309, 336, and 554. 

Section Number and Title: 

74.735(b)(1) Power Emissions. 

Brief Description: This rule creates a 

new ‘‘replacement’’ digital television 

translator service to permit full-service 

television stations to continue to 

provide service to viewers within their 

analog coverage areas who have lost 

service as a result of those stations’ 

digital transition. The replacement 

digital television translator license will 

be associated with the full-service 

station’s main license and will have the 

same four letter call sign as its 

associated main station. As a result, a 

replacement digital television translator 

license may not be separately assigned 

or transferred and will be renewed or 

assigned along with the full-service 

station’s main license. Almost all other 

rules associated with television 

translator stations are applied to 

replacement digital television 

translators. (Replacement Digital 

Television Translator Service, Report 

and Order, FCC 09–36). 

Need: These rules help preserve 

service to viewers who have lost 

television service as a result of a 

station’s digital transition. 

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

336(f), 336(h) and 554. 

Section Number and Title: 

74.787(a)(5) Digital licensing. 

Brief Description: These rules 

establish processes to facilitate and 

enable low power television and 

television translator stations to 

transition from analog to digital 

operations. (Digital Low Power 

Television, Television Translator, and 

Television Booster Stations and To 

Amend Rules for Digital Class A 

Television Stations, Second Report and 

Order, FCC 11–110). 

Need: These rules are necessary to 

enable low power television and 

television translator stations to conduct 

digital operations. 

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

309, 336, and 554. 

Section Number and Title: 

74.787(b)(1) Digital Licensing. 

74.794(a)(1), (a)(2)(iii) Digital 

Emissions. 

Brief Description: This rule extends 

FCC Form 323 ownership reporting 

requirements to low power television 

stations to file biennially. (Promoting 

Diversification of Ownership in the 

Broadcasting Services, Report and 

Order, FCC 09–33). 

Need: These rules help improve Form 

323 data collection in order to obtain an 

accurate, reliable, and comprehensive 

assessment of broadcast ownership in 

the United States. 

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

336, and 339. 

Section Number and Title: 

74.797 Biennial Ownership Reports 

Subpart L—FM Broadcast Translator 

Stations and FM Broadcast Booster 

Stations 

Brief Description: These rules 

modified the FM translator rules to 

allow AM stations to use currently 

authorized FM translators for ‘‘fill-in’’ 

service within their current coverage 

areas. (Amendment of Service and 

Eligibility Rules for FM Broadcast 

Translator Stations, Report and Order, 

FCC 09–59). 

Need: These rules were implemented 

to help AM radio stations provide a 

listenable signal to their listeners and 

better serve their local communities. 

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

336(f), 336(h), and 554. 

Section Number and Title: 

74.1201(a) through (e), (g), (j)

Definitions. 

74.1231(a), (b), (h) Purpose and 

permissible service. 

74.1232(d) Eligibility and licensing 

requirements. 

74.1263(b) Time of operation. 

74.1284(b), (c) Rebroadcasts. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

Subpart A—General 

Brief Description: This rule 

establishes a definition for the term 

‘‘significantly viewed.’’ 

(Implementation of Section 203 of the 

Satellite Television Extension and 

Localism Act of 2010 (STELA); 

Amendments to Section 340 of the 

Communications Act, Report and Order 

and Order on Reconsideration, FCC 10– 

193). 

Need: This rule is necessary to 

implement Section 203 of the Satellite 

Television Extension and Localism Act 

of 2010. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.5(i) Definitions. 

Brief Description: This rule 

establishes procedures related to 

program carriage complaints and 

entities that elect to resolve a dispute 

through alternative dispute resolution. 

(Leased Commercial Access; 

Development of Competition and 

Diversity in Video Programming 

Distribution and Carriage, Second 

Report and Order, FCC 11–119). 

Need: This rule is necessary to 

establish procedures for resolving 

program carriage disputes. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.7(g)(2) General special relief, 

waiver, enforcement, complaint, show 

cause, forfeiture, and declaratory ruling 

procedures. 

Subpart C—Cable Franchising 

Brief Description: These rules address 

provide guidance and implement 

section 621(a)(1) of the Communications 

Act of 1934, which prohibits franchising 

authorities from unreasonably refusing 


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to award competitive franchises for the 

provision of cable services. 

(Implementation of Section 621(a)(1) of 

the Cable Communications Policy Act of 

1984 as amended by the Cable 

Television Consumer Protection and 

Competition Act of 1992, Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 06–180). 

Need: These rules are necessary for 

carrying out the Congressional mandate 

of section 621(a)(1) of the 

Communications Act of 1934. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 338, 339, 340, 

341, 503, 521, 522, 531, 532, 534, 535, 

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

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

and 573. 

Section Number and Title: 

76.41 Franchise application process. 

Subpart D—Carriage of Television 

Broadcast Signals 

Brief Description: This rule provides 

satellite carriers the authority to offer 

out-of-market, but ‘‘significantly 

viewed’’ broadcast television network 

stations as part of their local service to 

subscribers. (Implementation of Section 

203 of the Satellite Television Extension 

and Localism Act of 2010 (STELA); 

Amendments to Section 340 of the 

Communications Act, Report and Order 

and Order on Reconsideration, FCC 10– 

193). 

Need: This rule is necessary to 

implement Section 203 of the Satellite 

Television Extension and Localism Act 

of 2010. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.54(c),(g), (i) Significantly viewed 

signals; method to be followed for 

special showings. 

Brief Description: This rule 

establishes the standard for which is 

considered a good quality signal 

delivered by broadcasters to MVPDS. 

(Third Periodic Review of the 

Commission’s Rules and Policies 

Affecting the Conversion to Digital 

Television, Report and Order, FCC 07– 

228). 

Need: This rule ensures that MVPDs 

and their subscribers are able to receive 

clear, high quality broadcast signals. 

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

154, 301, 302, 303, 303a, 307, 308, 309, 

312, 315, 317, 325, 336, 338, 339, 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: 

76.55(c)(3) Definitions Applicable to 

the Must-Carry Rules. 

Brief Description: This rule addresses 

the responsibilities of cable television 

operators with respect to carriage of 

digital broadcasters in light of the 

significant changes to the broadcasting 

and cable television industries resulting 

from the digital television transition. 

(Carriage of Digital Television Broadcast 

Signals: Amendment to Part 76 of the 

Commission’s Rules, Third Report and 

Order and Third Notice of Proposed 

Rulemaking, FCC 07–170). 

Need: This rule ensures that cable 

subscribers will continue to be able to 

view broadcast stations after the digital 

transition, and that they will be able to 

view those broadcast signals at the same 

level of quality in which they are 

delivered to the cable system. 

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

154, 301, 302, 303, 303a, 307, 308, 309, 

312, 315, 317, 325, 336, 338, 339, 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: 

76.56(d) Signal carriage obligations. 

76.56(f) Signal carriage obligations. 

76.62(b), (h) Manner of Carriage. 

Brief Description: This rule requires 

satellite carriers to carry digital-only 

stations upon request in markets in 

which they are providing any local-intolocal service pursuant to the statutory 

copyright license, and to require 

carriage of all high-definition signals in 

a market in which any station’s signals 

are carried in HD. (Carriage of Digital 

Television Broadcast Signals: 

Amendment to Part 76 of the 

Commission’s Rules; Implementation of 

the Satellite Home Viewer Improvement 

Act of 1999: Local Broadcast Signal 

Carriage Issues and Retransmission 

Consent Issues, Second Report and 

Order, Memorandum Opinion and 

Order, and Second Further Notice of 

Proposed Rulemaking, FCC 08–86). 

Need: This rule ensures that satellite 

subscribers will continue to be able to 

view broadcast stations after the digital 

transition and receive high-definition 

signals. 

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

154, 301, 302, 303, 303a, 307, 308, 309, 

312, 315, 317, 325, 336, 339, 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: 

76.66(b)(1), (d)(2)(vi), (k) Satellite 

Broadcast Signal Carriage. 

Brief Description: These rules set forth 

carriage rights for stations that elected 

as part of the broadcast television 

incentive auction to relinquish their 

spectrum usage rights and engage in a 

channel sharing arrangement. 

(Innovation in the Broadcast Television 

Bands: Allocations, Channel Sharing 

and Improvements to VHF, Report and 

Order, Report and Order, FCC 12–45). 

Need: These rules are necessary to 

establish carriage rights for broadcast 

television stations that relinquished 

their spectrum in the broadcast 

television incentive auction in order to 

share a television channel with another 

television broadcaster. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.66(n) Satellite broadcast signal 

carriage. 

Subpart G—Cablecasting 

Brief Description: These rules 

modernize rules concerning children’s 

programming to include restrictions on 

displaying internet website addresses. 

They were adopted collectively by the 

Commission to modernize its rules 

implementing the Act in light of the 

Digital TV Transition. (In the Matter of 

Children’s Television Obligations of 

Digital Television Broadcasters, Second 

Order on Reconsideration and Second 

Report and Order, FCC 06–143). 

Need: These rules are necessary to 

ensure that the Commission’s rules 

continue to respond the Congressional 

mandate in the Children’s Television 

Act by protecting children from 

advertising directing them to internet 

sites. 

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

154, 301, 302, 303, 303a, 307, 308, 309, 

312, 317, 325, 338, 339, 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: 

76.225(b) through (e), Note 1 

Commercial Limits in Children’s 

Programs. 

SUBPART J—OWNERSHIP OF CABLE 

SYSTEMS 

Brief Description: This rule prohibits 

cable operators from owning or having 

an attributable interest in cable systems 

serving more than 30 percent of 

multichannel video programming 

subscribers nationwide. It also 

eliminates the overbuilder exception. 


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(The Commission’s Cable Horizontal 

and Vertical Ownership Limits; 

Implementation of Section 11 of the 

Cable Television Consumer Protection 

and Competition Act of 1992; 

Implementation of Cable Act Reform 

Provisions of the Telecommunications 

Act of 1996; Review of the Commission’s 

Regulations Governing Attribution of 

Broadcast and Cable/MDS Interests; 

Review of the Commission’s Regulations 

and Policies Affecting Investment in the 

Broadcast Industry; Reexamination of 

the Commission’s Cross-Interest Policy, 

Fourth Report and Order and Further 

Notice of Proposed Rulemaking, FCC 

07–219). 

Need: This rule balances the need to 

ensure that cable operators cannot use 

their dominant position in the 

multichannel video programming 

distribution market to impede unfairly 

the flow of video programming to 

consumers with consideration of the 

efficiencies and other benefits that 

might be gained through increased 

ownership or control. 

Legal Basis: 47 U.S.C. 152(a), 154(i), 

303, 307, 309, 310, and 533. 

Section Number and Title: 

76.503(a) National Subscriber Limits. 

Subpart K—Technical Standards 

Brief Description: This rule 

incorporates by reference the technical 

standard, developed by an industry 

standards development body, that was 

designed to prevent digital television 

commercial advertisements from being 

transmitted at louder volumes than the 

program material they accompany. 

(Implementation of the Commercial 

Advertisement Loudness Mitigation 

(CALM) Act, Report and Order, FCC 11– 

182). 

Need: This rule is necessary to 

implement the Commercial 

Advertisement Loudness Mitigation Act 

to protect viewers from excessively loud 

commercials. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.607 Transmission of commercial 

advertisements. 

Brief Description: This rule 

implements requirements for digital 

cable systems to support unidirectional 

digital cable products. (Implementation 

of Section 304 of the 

Telecommunications Act of 1996: 

Commercial Availability of Navigation 

Devices; Compatibility Between Cable 

Systems and Consumer Electronics 

Equipment, Third Report and Order and 

Order on Reconsideration, FCC 10–181). 

These rules are necessary to improve the 

operation of the CableCARDs and 

bolster support for retail CableCARD 

devices so that consumers may access 

cable services without the need to lease 

a set-top box from their cable operator. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.640(b)(4)(ii) and (iii) Support for 

unidirectional digital cable products on 

digital cable systems. 

Subpart O—Competitive Access To 

Cable Programming 

Brief Description: These rules 

establish policies and procedures for the 

consideration of complaints alleging 

unfair acts involving terrestrially 

delivered, cable-affiliated programming 

in violation of section 628(b) of the 

Communications Act of 1934. These 

rules will provide competitors to 

incumbent cable operators with an 

opportunity to obtain access to certain 

cable-affiliated programming that they 

are currently unable to offer their 

subscribers, thereby promoting 

competition in the delivery of video to 

consumer. (Review of the Commission’s 

Program Access Rules and Examination 

of Programming Tying Arrangements, 

First Report and Order, FCC 10–17). 

Need: These rules are necessary to 

promote competition in the video 

distribution market. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.1000 (b), (c)(1), (j), (l), (m)

Definitions. 

76.1001 Unfair practices generally. 

76.1002(b)(2) Specific unfair 

practices prohibited. 

76.1003(c)(3), (e)(1), (g)(1) and (2), (l)

Program access proceedings. 

76.1004(a) Applicability of program 

access rules to common carriers and 

affiliates. 

Brief Description: These rules set forth 

the Commission’s program access 

complaint procedures. (Implementation 

of the Cable Television Consumer 

Protection and Competition Act of 1992; 

Development of Competition and 

Diversity in Video Programming 

Distribution: Section 628(c)(5) of the 

Communications Act; Sunset of 

Exclusive Contract Prohibition; Review 

of the Commission’s Program Access 

Rules and Examination of Programming 

Tying Arrangements, Report and Order 

and Notice of Proposed Rulemaking, 

FCC 07–169). 

Need: These rules provide procedures 

for resolving program access disputes in 

furtherance of section 628 of the 

Communications Act. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 338, 339, 340, 

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: 

76.1003(i) through (k) Program 

access proceedings. 

Subpart P—Competitive Availability of 

Navigation Devices 

Brief Description: These rules provide 

for the commercial availability of set top 

boxes and other consumer equipment 

used to receive video signals and other 

services. (Commercial Availability of 

Navigation Devices, Report and Order, 

FCC 98–116). 

Need: The intended effect of these 

rules is to expand opportunities for 

consumers to purchase this equipment 

from sources other than the service 

provider. 

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: 

76.1200 Definitions. 

76.1201 Rights of Subscribers to Use 

or Attach Navigation Devices. 

76.1202 Availability of Navigations 

Devices. 

76.1203 Incidence of Harm. 

76.1206 Equipment Sale or Lease 

Charged Subsidy Prohibition. 

76.1207 Waivers. 

76.1208 Sunset of Regulations. 

76.1209 Theft of Services. 

76.1210 Effect on Other Rules. 

Subpart Q—Regulation of Carriage 

Agreements 

Brief Description: This rule pertains to 

carriage of video programming vendors 

by multichannel video programming 

distributors (MVPDs) and the 

procedures for addressing complaints 

alleging violations of the Commission’s 

program carriage rules. (Leased 

Commercial Access; Development of 


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Competition and Diversity in Video 

Programming Distribution and Carriage, 

Second Report and Order, FCC 11–119). 

Need: These rules are necessary to 

promote competition and diversity in 

the video programming and video 

distribution markets. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.1302(c) through (k) Support for 

unidirectional digital cable products on 

digital cable systems. 

Subpart T—Notices 

Brief Description: This rule 

establishes annual consumer notice 

requirements with regards to cable 

operators charging fees for the rental of 

navigation devices and CableCARDs. 

(Implementation of Section 304 of the 

Telecommunications Act of 1996: 

Commercial Availability of Navigation 

Devices; Compatibility Between Cable 

Systems and Consumer Electronics 

Equipment, Third Report and Order and 

Order on Reconsideration, FCC 10–181). 

Need: These rules are designed to 

protect consumers and ensure they are 

fully informed about fees related to the 

rental of navigation deices and 

CableCARDs from cable operators. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.1602(b)(7) and (8) Customer 

service—general information. 

Subpart W—Encoding Rules 

Brief Description: These rules 

establish a definition of ‘‘unencrypted 

broadcast television’’ and make clear 

what practices with regards to encoding, 

storing or managing commercial 

audiovisual content are not prohibited. 

(Implementation of Section 304 of the 

Telecommunications Act of 1996: 

Commercial Availability of Navigation 

Devices; Compatibility Between Cable 

Systems and Consumer Electronics 

Equipment, Report and Order, FCC 10– 

181). 

Need: These rules are necessary to 

improve the operation of the 

CableCARDs and bolster support for 

retail CableCARD devices so that 

consumers may access cable services 

without leasing a set-top box from their 

cable operators. 

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

154, 301, 302, 302a, 303, 303a, 307, 308, 

309, 312, 315, 317, 325, 339, 340, 341, 

503, 521, 522, 531, 532, 534, 535, 536, 

537, 543, 544, 544a, 545, 548, 549, 552, 

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

573. 

Section Number and Title: 

76.1902(s) Definitions. 

76.1908(a) Certain practices not 

prohibited. 

PART 78—CABLE TELEVISION RELAY 

SERVICE 

Subpart B—Applications and Licenses 

Brief Description: This rule reduces 

the regulatory burden for the 18 GHz 

band by adding new channel-size 

options for FS operations along with 

channelization and emission flexibility 

for multichannel video programming 

distributors below 18.3 GHz, thereby 

facilitating the relocation to spectrum at 

17.7–18.3 GHz and 19.3–19.7 GHz. 

(Rechannelization of the 17.7–19.7 GHz 

Frequency Band for Fixed Microwave 

Services, Report and Order, FCC 06– 

141). 

Need: These rules are necessary to 

encourage efficient use of the spectrum 

by all FS licensees and provide a 

regulatory environment that will allow 

MVPDs to provide competitive services 

while protecting Federal earth stations. 

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

301, 303, 307, 308, and 309. 

Section Number and Title: 

78.19(f) introductory text, (f)(2)

Interference. 

Brief Description: This rule 

establishes procedures to be used for 

frequency coordination between 

terrestrial Broadcast Auxiliary Service 

and Cable Television Relay Service 

(BAS/CARS) operations and 

geostationary satellite orbit (GSO) or 

non-geostationary satellite orbit (NGSO) 

fixed-satellite service (FSS) operations 

in certain spectrum bands. 

(Coordination Between the 

NonGeostationary and Geostationary 

Satellite Orbit, Report and Order, FCC 

10–15). 

Need: These rules are necessary to 

ensure coordination of frequency 

assignments and prevent interference 

among users of certain spectrum bands. 

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

301, 303, 307, 308, and 309. 

Section Number and Title: 

78.36(a) through (d) Frequency 

Coordination. 

Brief Description: This rule waives the 

deadline by which Sprint Nextel must 

complete relocation of the broadcast 

auxiliary service (BAS) to frequencies 

above 2025 MHz until February 8, 2010. 

The rule also eliminates the requirement 

that MSS entrants to the 2000–2020 

MHz band may not begin operations 

until the BAS incumbents in the top 30 

markets by population and all fixed 

BAS links in the 1990–2025 MHz band 

have been relocated. MSS entrants will 

be allowed to conduct operations in 

markets where the BAS incumbents 

have not been relocated only if they 

successfully coordinate with the BAS 

incumbents. (Replacement Digital 

Television Translator Service, Report 

and Order, FCC 09–36). 

Need: These rules helped to 

coordinate the timely relocation of BAS 

licensees in order to implement new 

services in the 1990–2025 MHz band. 

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

336(f), 336(h), and 554. 

Section Number and Title: 

78.40(f)(1)(i) Transition of the 1990– 

2025 MHz Band from the Cable 

Television Relay Service to Emerging 

Technologies. 

PART 79—ACCESSIBILITY OF VIDEO 

PROGRAMMING 

Subpart A—Video Programming 

Owners, Providers, and Distributors 

Brief Description: These rules require 

closed captioning of IP-delivered video 

programming that is published or 

exhibited on television with captions. 

The FCC also imposes closed captioning 

requirements on certain apparatus that 

receive or play back video 

programming, and on certain recording 

devices. (Closed Captioning of internet 

Protocol Delivered Video Programming: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, Report and 

Order, FCC 12–9). 

Need: These rules are necessary to 

enable individuals who are deaf or hard 

of hearing to have access to captioned 

IP-delivered video programming 

pursuant to the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 303, 307, 309, 310, 330, 544a, 

613, and 617. 

Section Number and Title: 

79.1(a)(4), (c) Closed captioning of 

televised video programming. 

Brief Description: This rule 

establishes certain requirements for 

video programming distributors to 

caption television programming and 

establishes a standard for exemption 

from the requirement. (Closed 

Captioning and Video Description of 

Video Programming, Report and Order, 

FCC 12–83). 


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Need: This rule is necessary to 

implement section 613 of the 

Communications Act of 1934 and 

establishing a process by which video 

programming distributors may seek an 

exemption from the Commission’s 

closed captioning requirements. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 303, 309, 310, 330, 544a, 613, 

and 617. 

Section Number and Title: 

79.1(d)(2), (f)(1) through (4), (f)(10) 

and (11) Closed captioning of televised 

video programming. 

Brief Description: These rules 

establish the requirement for certain 

television broadcasters and 

multichannel video programming 

distributor systems to provide video 

description services. (Video Description: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, Report and 

Order, FCC 11–126). 

Need: These rules are necessary to 

implement the requirements of the 

Twenty-First Century Communications 

and Video Accessibility Act of 2010. 

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

336, and 339. 

Section Number and Title: 

79.1(i)(1) and (2) Closed captioning 

of televised video programming. 

79.3 Audio description of video 

programming. 

Brief Description: This rule 

establishes a means by which video 

programming distributors are permitted 

to provide contact information to the 

Commission for the handling of closed 

captioning questions and complaints. 

(Closed Captioning of Video 

Programming, Order, FCC 09–109). 

Need: This rule is necessary to ensure 

the Commission has necessary contact 

information for video programming 

distributors in order to promptly 

address closed captioning concerns and 

complaints. 

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

and 613. 

Section Number and Title: 

79.1(i)(3) Closed captioning of 

televised video programming. 

Brief Description: These rules require 

closed captioning of IP-delivered video 

programming that is published or 

exhibited on television with captions. 

The FCC also imposes closed captioning 

requirements on certain apparatus that 

receive or play back video 

programming, and on certain recording 

devices. (Closed Captioning of internet 

Protocol Delivered Video Programming: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, Report and 

Order, FCC 12–9). 

Need: These rules are necessary to 

enable individuals who are deaf or hard 

of hearing to have access to captioned 

IP-delivered video programming 

pursuant to the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 303, 307, 309, 310, 330, 544a, 

613, and 617. 

Section Number and Title: 

79.4 Closed captioning of video 

programming delivered using internet 

protocol. 

Brief Description: Part 79, Subpart A 

implements section 713 of the 

Communications Act of 1934, as 

amended. Section 713, Video 

Programming Accessibility, was added 

to the Communications Act by section 

305 of the Telecommunications Act of 

1996 and directed the Commission to 

adopt rules that generally require the 

closed captioning of video programming 

shown on television. In 2009, the rules 

were amended by adding paragraphs 

(a)(5)(i) and (ii) to § 79.1 defining what 

constitutes ‘‘new programming,’’ subject 

to captioning requirements for both 

analog and digital video programming 

shown on television. Paragraph (i) of 

this section, which was also added to 

§ 79.1, adopted requirements for video 

programming distributors to make their 

contact information available to 

consumers. 

Need: Closed captioning is an 

assistive technology that provides 

persons with hearing disabilities access 

to television programs. Closed 

captioning displays the audio portion of 

a television signal as printed words on 

the television screen. Congress has 

directed the Commission to prescribe 

and maintain regulation to implement 

the provision of closed captioning for 

video programming shown on 

television. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 303, 330, 544a, 613, and 617. 

Section Number and Title: 

79.1(a)(5)(i) and (ii) New 

Programming. 

79.1(i) Contact information. 

Brief Description: These rules require 

closed captioning of IP-delivered video 

programming that is published or 

exhibited on television with captions. 

The FCC also imposes closed captioning 

requirements on certain apparatus that 

receive or play back video 

programming, and on certain recording 

devices. (Closed Captioning of internet 

Protocol Delivered Video Programming: 

Implementation of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, Report and 

Order, FCC 12–9). 

Need: These rules are necessary to 

enable individuals who are deaf or hard 

of hearing to be able to have access to 

captioned IP-delivered video 

programming pursuant to the TwentyFirst Century Communications and 

Video Accessibility Act of 2010. 

Legal Basis: 47 U.S.C. 151, 152(a), 

154(i), 303, 307, 309, 310, 330, 544a, 

613, and 617. 

Section Number and Title: 

79.100 Incorporation by reference. 

79.101 Closed caption decoder 

requirements for analog television 

receivers. 

79.102 Closed caption decoder 

requirements for digital television 

receivers and converter boxes. 

79.103 Closed caption de ́cor 

requirements for apparatus. 

79.104 Closed caption decoder 

requirements for recording devices. 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

Subpart A—General Information 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

stations may be licensed and used in the 

maritime services. Subpart A contains 

the statutory basis for this part of the 

rules and provides the purpose for 

which this part is issued. 

Need: Section 80.7 provides that 

certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. In order to enforce any 

edition other than that specified in this 

section, the Federal Communications 

Commission must publish notice of the 

change in the Federal Register and the 

material must be available to the public. 

The need to continue the coordination 

with the Federal Register is ongoing. 

Legal Basis: 47 U.S.C. 151–155, 301– 

609; 3 U.S.T. 3450, 3 U.S.T. 4726, 12 

U.S.T. 2377. 

Section Number and Title: 

80.7 Incorporation by reference. 

Subpart E—General Technical 

Standards 

Brief Description: The part 80 rules 

set forth the conditions under which 

radio may be licensed and used in the 

maritime services. Subpart E rules 

prescribe the general technical 

requirements for the use of frequencies 

and equipment in the maritime services. 

Need: Section 80.203(b)(4) provides 

for authorized channels to be 

programmed via computerized remote 

control, while § 80.231 sets out the 

technical requirements for a class of 

equipment used to locate a survival craft 

or distressed vessel. The need for these 

rules is ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 


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amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.203(b)(4) Authorization of 

transmitters for licensing. 

80.231 Technical Requirements for 

Class B Automatic Identification System 

(AIS) equipment. 

Subpart F—Equipment Authorization 

For Compulsory Ships 

Brief Description: The part 80 rules 

set forth the conditions under which 

radio may be licensed and used in the 

maritime services. Subpart F rules 

prescribe the general technical 

requirements for certification of 

equipment used on compulsory ships. 

Need: Section 80.277 specifies the 

equipment that may be used by Ship 

Security Alert Systems (SSAS). The 

need for this rule is ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.277 Ship Security Alert System 

(SASS). 

Subpart G—Safety Watch 

Requirements And Procedures 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

may be licensed and used in the 

maritime services. Subpart G rules set 

out the procedures for Coast Station 

safety watches. 

Need: Section 80.314(d) describes the 

procedures for canceling false distress 

alerts. Section 80.327(e), (f), and (g) 

prescribe procedures for sending, 

receiving, and canceling of urgency 

signals. Section 80.329 (g) sets out 

requirements for stations hearing a 

safety signal. The need for these rules is 

ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.314(d) Distress communications. 

80.327(e), (f), (g) Urgency signals 

and messages. 

80.329(g) Safety signals and 

messages. 

Subpart H—Frequencies 

Brief Description: The part 80 rules 

set forth the conditions under which 

radio may be licensed and used in the 

maritime services. Subpart H describes 

the carrier frequencies and general 

conditions of use for the types of 

radiotelephony governed by 47 CFR part 

80, and § 80.373 specifically describes 

the carrier frequency pairs assignable for 

private on-board mobile radiotelephony 

communications. 

Need: Section 80.373(g)(2) allows, 

where needed, equipment designed for 

12.5 kHz channel spacing using the 

additional frequencies 457.5375 MHz, 

457.5625 MHz, 467.5375 MHz, and 

467.5625 MHz to be introduced for onboard communications. The need for 

this section is ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.373(g)(2) Private communications 

frequencies. 

Subpart I—Station Documents 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

may be licensed and used in the 

maritime services. Subpart I requires 

that licensees of radio stations have 

current station documents. 

Need: Section 80.409(e)(6) requires a 

weekly entry that verifies that certain 

safety devices have been tested and 

inspected. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.409(e)(6) Station logs. 

Subpart J—Public Coast Stations 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

may be licensed and used in the 

maritime services. Subpart J sets out the 

requirements and parameters for public 

coast stations. 

Need: Section 80.475(d) sets out 

requirements for when certain AMTS 

systems are required to connect to the 

public switched telephone network. The 

need for this rule is ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.475(d) Scope of service of the 

Automated Maritime 

Telecommunications System (AMTS). 

Subpart R—Technical Equipment 

Requirements for Cargo Vessels not 

Subject to Subpart W 

Brief Description: The Part 80 rules 

set forth the conditions under which 

radio may be licensed and used in the 

maritime services. Subpart R rules 

provide the radiotelephone 

requirements for cargo ships of 300 to 

1600 gross tons. 

Need: Section 80.882 requires ships 

subject to this subpart of maintain a 

watch on the frequency 2182 kHz. The 

need for this rule is ongoing. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.882 2182 kHz watch. 

Subpart S—Compulsory 

Radiotelephone Installations for Small 

Passenger Boats 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

stations may be licensed and used in the 

maritime services. Subpart S provides 

that the provisions of Part III of Title III 

of the Communication Act require 

United States vessels which transport 

more than six passengers for hire while 

such vessels are being navigated on any 

tidewater within the jurisdiction of the 

United States adjacent or contiguous to 

the open sea, or in the open sea to carry 

a radiotelephone installation complying 

with this subpart. 

Need: Section 80.917(h) sets forth the 

conditions by which any small 

passenger vessel, the keel of which was 

laid after March 1, 1957, must have a 

reserve power supply located on the 

same deck as the main wheelhouse or at 

least one deck above the vessel’s main 

deck, unless the main power supply is 

so situated. Further, beginning January 

2, 2013, any small passenger vessel that 

does not carry a reserve power supply 

must carry at least one VHF handheld 

radiotelephone. The need for this 

section is ongoing. 


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Legal Basis: 47 U.S.C. 151–155, 301– 

609; 3 U.S.T. 3450, 3 U.S.T. 4726, 12 

U.S.T. 2377. 

Section Number and Title: 

80.917(h) Reserve power supply. 

Subpart W—Global Maritime Distress 

and Safety System (GMDSS) 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

may be licensed and used in the 

maritime services. Subpart W rules 

apply to all passenger ships regardless 

of size and cargo ships of 300 tons gross 

tonnage and upwards, mostly fishing 

vessels, with some exceptions. 

Need: The rules in this subpart 

require that all compulsory vessels, 

including fishing vessels of 300 gross 

tons or more, must comply with all the 

GMDSS requirements appropriate to 

their area of operation. A separate safety 

system for fishing vessels would be 

expensive, difficult to administer, and 

would cause confusion during a distress 

incident. Sections 80.1101(c)(2)(iii), 

(c)(3)(iii), (c)(12)(vi),and (c)(13)(x) 

specify the appropriate performance 

standards to which listed equipment 

must conform, as well as applicable 

testing requirements. 

Legal Basis: Secs. 4, 303, 307(e), 309, 

and 332, 48 Stat. 1066, 1082, as 

amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Interpret or apply 48 Stat. 1064–1068, 

1081–1105, as amended; 47 U.S.C. 151– 

155, 301–609; 3 UST 3450, 3 UST 4726, 

12 UST 2377. 

Section Number and Title: 

80.1101(c)(2)(iii), (c)(3)(iii), (c)(12)(vi), 

(c)(13)(x) Performance standards. 

Brief Description: Part 80 rules set 

forth the conditions under which radio 

stations may be licensed and used in the 

maritime services. Subpart W contains 

the rules applicable to the Global 

Maritime Distress and Safety System 

(GMDSS). Every ship of the United 

States subject to part II of title III of the 

Communications Act or the Safety 

Convention must comply with the 

provisions of this subpart. The rules in 

this subpart are to be read in 

conjunction with the applicable 

requirements contained elsewhere in 

this part; however, in case of conflict, 

the provisions of this subpart shall 

govern with respect to the GMDSS. For 

the purposes of this subpart, distress 

and safety communications include 

distress, urgency, and safety calls and 

messages. 

Need: Section 80.1107 provides that 

unless the normal use of the required 

radiotelephone station demonstrates 

that the equipment is operating, a test 

communication on a required or 

working frequency must be made each 

day the ship is navigated. Further, when 

this test is performed by a person other 

than the master and the equipment is 

found to be defective, the master must 

be promptly notified. The need for this 

section is ongoing. 

Legal Basis: 47 U.S.C. 151–155, and 

301–609; 3 U.S.T. 3450, 3 U.S.T. 4726, 

12 U.S.T. 2377. 

Section Number and Title: 

80.1107 Test of radiotelephone 

station. 

PART 87—AVIATION SERVICES 

Subpart D—Technical Requirements 

Brief Description: Part 87 states the 

conditions under which radio stations 

may be licensed and used in the 

aviation services. Some maritime 

frequencies are authorized for use by 

aircraft stations for safety and distress, 

public correspondence and for 

operational communications. Subpart D 

provides for the technical requirements 

under which radio stations may be 

licensed and used in the aviation 

services. 

Need: Section 87.133(g) sets forth the 

carrier frequency tolerances each station 

operating under this subpart must 

maintain. Any aeronautical enroute 

service transmitter operating in U.S. 

controlled airspace with 8.33 kHz 

channel spacing (except equipment 

being tested by avionics equipment 

manufacturers and flight test stations 

prior to delivery to their customers for 

use outside U.S. controlled airspace) 

must achieve 0.0005% frequency 

stability when operating in that mode. 

The need for this section is ongoing. 

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

307(e), unless otherwise noted. 

Section Number and Title: 

87.133(g) Frequency stability. 

Subpart F—Aircraft Stations 

Brief Description: Part 87 states the 

conditions under which radio stations 

may be licensed and used in the 

aviation services. Some maritime 

frequencies are authorized for use by 

aircraft stations for safety and distress, 

public correspondence and for 

operational communications. Subpart F 

provides that aircraft stations must limit 

their communications to the necessities 

of safe, efficient, and economic 

operation of aircraft and the protection 

of life and property in the air, except as 

otherwise specifically provided in this 

part. Contact with an aeronautical land 

station must only be attempted when 

the aircraft is within the service area of 

the land station. 

Need: Sections 87.187(gg) and (hh) 

provide that the frequencies used for 

air-ground communications are listed in 

subpart E and that aircraft stations may 

use frequencies assigned to Government 

or non-Government aeronautical 

stations or radionavigation land stations 

if the communications are within the 

aeronautical or radionavigation land 

station scope of service, including 

specified frequencies in the Hawaiian 

islands and other specified coordinate 

locations. 

Further, transmissions by emergency 

locator transmitters (ELTs) are intended 

to be actuated manually or 

automatically and operated 

automatically as part of an aircraft or a 

survival craft station as a locating aid for 

survival purposes. Section 87.195 

provides that ELTs that operate only on 

frequency 121.5 MHz will no longer be 

certified and that the manufacture, 

importation, and sale of ELTs that 

operate only on frequency 121.5 MHz is 

prohibited beginning July 10, 2019. The 

need for this section is ongoing. 

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

307(e)., unless otherwise noted. 

Section Number and Title: 

87.187(gg) and (hh) Frequencies. 

87.195 121.5 MHz ELTs. 

Subpart J—Flight Test Stations 

Brief Description: Part 87 states the 

conditions under which radio stations 

may be licensed and used in the 

aviation services. Some maritime 

frequencies are authorized for use by 

aircraft stations for safety and distress, 

public correspondence and for 

operational communications. Subpart J 

provides that the use of flight test 

stations is restricted to the transmission 

of necessary information or instructions 

relating directly to tests of aircraft or 

components thereof. 

Need: Section 87.303(f) denotes the 

frequencies available for assignment to 

flight test land and aircraft stations and 

additional frequencies available for 

assignment only to flight test stations of 

aircraft manufacturers. Further, 

frequency assignments for Flight Test 

VHF Stations may be based on either 

8.33 kHz or 25 kHz spacing. The need 

for this section is ongoing. 

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

307(e), unless otherwise noted. 

Section Number and Title: 

87.303(f) Frequencies. 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

Subpart A—General Information 

Brief Description: Part 90 sets forth 

the conditions under which radio 


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communications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. These 

rules do not govern the licensing of 

radio systems belonging to and operated 

by the United States. Sets forth the rules 

governing the Emergency Alert System 

(EAS). 

Need: Further clarified that and the 

environmental processing requirements 

that, together with the procedures 

specified in § 17.4(c) of this chapter, if 

applicable, must be complied with prior 

to initiating construction. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 

90.5(b) and (f) Other applicable rule 

parts. 

Brief Description: The Part 90 rules 

set forth 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 A 

rules inform the general basis, purposes, 

and definitions of the rules. 

Need: Section 90.5 lists other rule 

parts of importance that may be referred 

to with respect to licensing and 

operations in radio services governed 

under this part. Section 90.5(n) provides 

a cross-reference to Part 101, which 

governs the operation of fixed 

microwave services. The need for this 

rule is ongoing for clarity and to prevent 

confusion. 

Legal Basis: Sections 4(i), 11, 303(g), 

303(r), and 332(c)(7) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 161, 303(g), 

303(r), and 332(c)(7), and Title VI of the 

Middle Class Tax Relief and Job 

Creation Act of 2012, Public Law 112– 

96, 126 Stat. 156. 

Section Number and Title: 

90.5(n) Other applicable rule parts. 

Subpart B—Public Safety Pool 

Brief Description: Subpart B addresses 

the Public Safety Radio Pool. 

Need: Pursuant to the Middle Class 

Tax Relief and Job Creation Act of 2012, 

Public Law 112–96, 126 Stat. 156 

(2012), this provision allocates the 758– 

769 MHz and 788–799 MHz bands for 

use by the First Responder Network 

Authority to deploy a nationwide public 

safety broadband network as prescribed 

by statute. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), 1401–1473. 

Section Numbers and Title: 

90.19 Nationwide Public Safety 

Broadband Network. 

Brief Description: Subpart B outlines 

regulations for frequencies the Public 

Safety Radio Pool. 

Need: For administrative convenience 

and clarity assigned channel names for 

the thirty-two frequency pairs listed in 

paragraph (d)(66)(i). 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Numbers and Title: 

90.20(d)(66)(i) Public Safety Pool. 

Brief Description: These rules set forth 

the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety, 

I. These rules do not govern the 

licensing of radio systems belonging to 

and operated by the United States. 

Need: The rules were amended to 

clarify the frequencies available to 

Public Safety Entities. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Numbers and Title: 

90.20(c)(7) Additional frequencies 

available. 

Brief Description: Subpart B concerns 

the frequencies generally available to 

Public Safety Entitles. 

Need: Grandfathered public safety 

licensees licensed to operate on 157.225 

MHz/161.825 MHz and 157.275 MHz/ 

161.875 MHz. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 

90.20(g)(2)(ii) Additional 

frequencies available. 

Brief Description: This part states the 

conditions under which radio 

communications systems may be 

licensed and used in the Public Safety 

Pool. These rules do not govern the 

licensing of radio systems belonging to 

and operated by the United States. 

Need: This part states the conditions 

under which radio communications 

systems may be licensed and used in the 

Public Safety Pool. These rules do not 

govern the licensing of radio systems 

belonging to and operated by the United 

States. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Section Number and Title: 

90.20(g)(3)(i) and (ii), (g)(3)(iii)(B) and 

(D), and (g)(3)(vi) Public Safety Pool. 

Subpart C—Industrial/Business Radio 

Pool 

Brief Description: Subpart addresses 

the Industrial/Business Pool including 

the entities eligible for licensure in the 

pool. 

Need: The rules were amended to 

increase the availability of frequencies 

in the Industrial/Business Pool to Public 

Safety licensees. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Numbers and Titles: 

90.35(a)(5) Eligibility. 

Brief Description: Part 90 rules set 

forth 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 

rules set forth the rules specific to the 

Industrial/Business Radio Pool. 

Need: Section 90.35(c)(91) explains 

assignment limitations to the frequency 

table, specifically a cross-reference that 

Subpart M of this part contains rules for 

assignment of frequencies in the 5850– 

5925 MHz band. This reference is 

necessary for clarity of the section. 

Legal Basis: Sections 4(i), 11, 303(g), 

303(r), and 332(c)(7) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 161, 303(g), 

303(r), and 332(c)(7), and Title VI of the 

Middle Class Tax Relief and Job 

Creation Act of 2012, Public Law 112– 

96, 126 Stat. 156. 

Section Number and Title: 

90.35(c)(91) Industrial/Business 

Pool (title of 90.35). 

Subpart F—Radiolocation Service 

Brief Description: The Radiolocation 

Service accommodates the use of radio 

methods for determination of direction, 

distance, speed, or position for purposes 

other than navigation. Rules as to 

eligibility for licensing, permissible 

communications, frequency available, 

and any special requirements are set 

forth in this subpart. 

Need: Clarifies that the frequency 

band set forth in the table in 103(b) is 

shared with and stations operating in 

this frequency band in this service are 

on a secondary basis to stations licensed 

in the Maritime Mobile Service. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Titles: 

90.103(c)(1) Radiolocation Service. 

Brief Description: Part 90 sets forth 

the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. These 

rules do not govern the licensing of 

radio systems belonging to and operated 

by the United States. 

Need: The rules are needed to 

implement the Commission’s authority 

under Title III of the Communications 

Act of 1934, as amended which vests 

authority in the Federal 

Communications Commission to 

regulate radio transmission and to issue 

licenses for radio stations. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 


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90.103(c)(21) Radiolocation Service. 

Subpart G—Supplemental Information 

to be Routinely Submitted With 

Applications. 

Brief Description: Outlines the 

information that must be routinely 

provided with any application for 

licensure in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. 

Need: Further clarified that applicants 

must comply with the environmental 

provisions of § 17.4(c). 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 

90.129(g) Supplemental information 

to be routinely submitted with 

applications. 

Subpart H—Policies Governing the 

Assignment of Frequencies 

Brief Description: Part 90 rules set 

forth 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 

rules inform about the policies under 

which the Commission assigns 

frequencies for the use of licensees 

under this part, frequency coordination 

procedures, and procedures under 

which licensees may cooperatively 

share radio facilities. 

Need: Sections 90.175(j)(18)–(22) 

provide types of applications that need 

not be accompanied by evidence of 

frequency coordination, including 

applications for frequencies in the 

4940–4990 MHz band. This rule allows 

for efficiency and streamlining; the need 

for this rule is ongoing. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7), and Title 

VI of the Middle Class Tax Relief and 

Job Creation Act of 2012, Public Law 

112–96, 126 Stat. 156. 

Section Number and Title: 

90.175(j)(18) through (21) Frequency 

coordinator requirements. 

90.175(j)(22) Frequency coordinator 

requirements (title of 90.175). 

Subpart I—General Technical 

Standards 

Brief Description: Part 90 states 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 general technical 

requirements for use of frequencies and 

equipment in the radio services 

governed by this part. Such 

requirements include standards for 

acceptability of equipment, frequency 

tolerance, modulation, emissions, 

power, and bandwidths. 

Need: These technical standards are 

needed to ensure that public safety 

communications devices are 

interoperable and do not cause harmful 

interference to other authorized 

communications. Section 90.205(j) 

specifies the rules for power and height 

limitations between 758–775 MHz and 

788–805 MHz. Section 90.209(b)(5) 

Table 1, footnote 6 provides that 

operations using equipment designed to 

operate with a 25 kilohertz channel 

bandwidth may be authorized up to a 20 

kilohertz bandwidth unless the 

equipment meets the Adjacent Channel 

Power limits of 90.221 in which case 

operations may be authorized up to a 22 

kilohertz bandwidth. Section 

90.209(b)(7) provides the conditions in 

which Economic Area (EA)-based 

licensees in frequencies 817–824/862– 

869 MHz (813.5–824/858.5–869 MHz) 

may exceed the standard channel 

spacing and authorized bandwidth. 

Section 90.210 Table 1, footnote 5 

provides that equipment designed to 

operate on 25 kilohertz bandwidth 

channels must meet the requirements of 

either Emission Mask B or G, whichever 

is applicable, while equipment designed 

to operate on 12.5 kilohertz bandwidth 

channels must meet the requirements of 

Emission Mask D. 

Section 90.221 specifies the 

frequencies and adjacent channel power 

limits equipment designed to operate 

with a 25 kHz channel bandwidth may 

be authorized up to a 22 kHz 

bandwidth. The need for these rules is 

ongoing. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7), 1401–1473, 

and Title VI of the Middle Class Tax 

Relief and Job Creation Act of 2012, 

Public Law 112–96, 126 Stat. 156. 

Section Number and Title: 

90.205(j) Power and antenna height 

limits. 

90.209(b)(5) Table 1, fn 6 Bandwidth 

limitations. 

90.209(b)(7) Bandwidth limitations. 

90.210 Table 1, fn 5 Emission masks. 

90.221 Adjacent channel power 

limits. 

Subpart J—NON-Voice and Other 

Specialized Operations 

Brief Description: This subpart sets 

forth requirements and standards for 

licensing and operation of non-voice 

and other specialized radio uses (other 

than radiolocation, including mobile 

relay stations. 

Need: Describes the policies, duties 

and requirements for frequency 

coordinators. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Section Number and Title: 

90.243(b)(1) Mobile relay stations. 

Brief Description: Subpart J sets forth 

requirements and standards for 

licensing and operation of non-voice 

and other specialized radio uses (other 

than radiolocation). Such uses include 

secondary signaling, telemetry, 

radioteleprinter, radiofacsimile, 

automatic vehicle monitoring (AVM), 

radio call box, relay, vehicular repeater, 

and control station operations. 

Need: Amended provision to allow 

mobile repeaters to use either analog or 

digital control tones. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 

90.247(f) Mobile repeater stations. 

Subpart K—Standards for Special 

Frequencies or Frequency Bands 

Brief Description: Sets Forth the 

policies under which the Commission 

assigns frequencies for the use of 

licensees under this part, frequency 

coordination procedures, and 

procedures under which licensees may 

cooperatively share radio facilities. 

Need: Describes the policies, duties 

and requirements for frequency 

coordinators. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Section Number and Title: 

90.528(d) Public Safety Broadband 

License. 

Subpart R—Regulations Governing 

Licensing and Use of Frequencies in 

the 763–775 and 793–805 MHZ Bands 

Brief Description: This subpart 

regulates licensing and operations of all 

systems operating in the in the 763–775 

and 793–805 MHz bands. It includes 

eligibility, operational, planning and 

licensing requirements and technical 

standards for stations licensed in these 

bands. Stations eligible to hold 

authorizations in these bands are State 

or local government entities, and 

nongovernmental organizations that 

provide services, the sole or principal 

purpose of which is to protect the safety 

of life, health, or property. 

Need: Sections 90.542 and 90.543(e), 

respectively, set the broadband 

transmitting power limits and emission 

limits for this subpart. The need for 

these rules is ongoing. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7); Title VI of the 

Middle Class Tax Relief and Job 


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Creation Act of 2012, Public Law 112– 

96, 126 Stat. 156. 

Section Number and Title: 

90.542 Broadband transmitting 

power limits. 

90.543(e) Emission limitations. 

Subpart S—Regulations Governing 

Licensing and Use of Frequencies in 

the 806–824, 851–869, 896–901, and 

935–940 MHZ Bands 

Brief Description: Subpart S regulates 

the frequencies in the 800 MHz band in 

order to foster the Provision of 

‘‘Enhanced Specialized Mobile Radio,’’ 

a term used to designate 800 MHz 

systems that employ cellular system 

architecture. 

Need: Revised the 800 MHz band plan 

for the U.S. Virgin Islands (USVI) in 

order to accomplish the Commission’s 

goals for 800 MHz band reconfiguration. 

Created consistency between Puerto 

Rico and USV. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473. 

Section Number and Title: 

90.617(k)(1) through (4) Frequencies 

in the 809.750–824/854.750–869 MHz, 

and 896–901/935–940 MHz bands 

available for trunked, conventional or 

cellular system use in non-border areas. 

Brief Description: This subpart 

regulates licensing and operations of all 

systems operating in the 806–824/851– 

869 MHz and 896–901/935–940 MHz 

bands. It includes eligibility 

requirements, and operational and 

technical standards for stations licensed 

in these bands and also supplements the 

Commission’s Part 1 rules regarding 

application procedures. 

Need: Sections 90.617 (k)(3) and (4) 

set the minimum required median 

desired signal for mobile units and 

portable units for purposes of 

determining unacceptable interference. 

These rules result in efficient use of the 

spectrum regardless of the 

reconfiguration status of the band while 

preventing interference along the border 

and protecting operations by noncellular licensees. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7); Title VI of 

the Middle Class Tax Relief and Job 

Creation Act of 2012, Public Law 112– 

96, 126 Stat. 156. 

Section Number and Title: 

90.617(k)(3) and (4) Frequencies in 

the 809.750–824/854.750–869 MHz, and 

896–901/935–940 MHz bands available 

for trunked, conventional or cellular 

system use in non-border areas (title of 

90.617). 

Brief Description: This subpart sets 

out the regulations governing the 

licensing and operations of all systems 

operating in the 806–824/851–869 MHz 

and 896–901/935–940 MHz bands. It 

includes eligibility requirements, and 

operational and technical standards for 

stations licensed in these bands. It also 

supplements the rules regarding 

application procedures contained in 

part 1, subpart F of this chapter. The 

rules in this subpart are to be read in 

conjunction with the applicable 

requirements contained elsewhere in 

this part; however, in case of conflict, 

the provisions of this subpart shall 

govern with respect to licensing and 

operation in these frequency bands. 

Need: Implements bilateral 

agreements with Canada and Mexico. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Section Number and Title: 

90.619(c)(2) introductory text, (c)(2) 

Table C3, (c)(5) introductory text, (c)(5) 

Table C5, (c)(7) introductory text, (c)(7) 

Table C7, (c)(11) introductory text

Operations within the U.S./Mexico and 

U.S./Canada border areas. 

Brief Description: Subpart S provides 

for the selection and assignment of 

frequencies in the 800 MHz band. 

Need: Amended the provision to 

restore language that was inadvertently 

deleted when the rule was amended in 

another proceeding. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7), and 1401–1473 

Section Number and Title: 

90.621(a) Selection and assignment 

of frequencies. 

Subpart Y—Regulations Governing 

Licensing and Use of Frequencies in 

yhe 4940–4990 MHZ Band 

Brief Description: This subpart sets 

out the regulations governing use of the 

4940–4990 MHz (4.9 GHz) band. It 

includes eligibility requirements, and 

specific operational and technical 

standards for stations licensed in this 

band. The rules in this subpart are to be 

read in conjunction with the applicable 

requirements contained elsewhere in 

this part; however, in case of conflict, 

the provisions of this subpart shall 

govern with respect to licensing and 

operation in this band. 

Need: Implements bilateral 

agreements with Canada and Mexico. 

Legal Basis: 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Section Number and Title: 

90.1207(d) Licensing. 

PART 95—PERSONAL RADIO 

SERVICES 

Subpart H—Wireless Medical 

Telemetry Service 

Brief Description: Part 95 contains the 

Commission rules relating to personal 

radio services. Rules in subpart H 

contains rules that apply to the Wireless 

Medical Telemetry Service (WMTS) 

operating in the 608–614 MHz, 1395– 

1400 MHz, and 1427–1432 MHz 

frequency bands. WMTS devices are 

used for remote monitoring of patients 

in thousands of health care facilities 

across the country. 

Need: Section 95.2309(b) governs the 

initial registration requirements prior to 

the first use of a WMTS device by an 

authorized health care provider. The 

need for this rule is ongoing. 

Legal Basis: 47 U.S.C. 154, 301, 

302(a), 303, and 307. 

Section Number and Title: 

95.2309(b) WMTS frequency 

coordination. 

Subpart I—Medical Device Radio 

Communications Service 

Brief Description: Part 95 establishes 

the requirements and conditions under 

which stations and devices 

incorporating radio transmitters may be 

designed, manufactured, certified, 

marketed, operated and used in the 

Personal Radio Services. Subpart I 

contains rules that apply only to the 

Medical Device Radio Communications 

(MedRadio) Service. 

Need: Section 95.2509 provides that 

the operation of Medical Body Area 

Network (MBAN) devices is subject to 

the frequency coordination procedures 

in this section. Section 95.2525 provides 

that to reduce interference and make the 

most efficient use of the authorized 

facilities, MedRadio transmitters must 

share the spectrum in accordance with 

other specified provisions within this 

subpart. Section 95.2533(c) provides 

that MedRadio programmer/control 

transmitters and medical implant 

transmitters may not be used to relay 

information in the 413–419 MHz, 426– 

432 MHz, 438–444 MHz, and 451–457 

MHz bands to a receiver that is not a 

part of the same Medical Micropower 

Network (MMN). Section 95.2533(d) 

provides that medical body-worn 

transmitters may relay only information 

in the 2360–2400 MHz band to a 

MedRadio programmer/control 

transmitter or another medical bodyworn transmitter device that is part of 

the same Medical Body Area Network 

(MBAN). Section 95.2557(d) provides 

that MedRadio programmer/control 

transmitters operating in the 413–419 

MHz, 426–432 MHz, 438–444 MHz, and 

451–457 MHz bands shall not transmit 

with a duty cycle greater than 3 percent. 

Section 95.2559 provides that to reduce 

interference and make the most effective 

use of the MedRadio frequency bands, 

MedRadio transmitter types must be 


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designed to operate in accordance with 

the rules in this section. Section 

95.2563(e) provides that only MedRadio 

transmitters that are part of a Medical 

Micropower Network (MMN) may 

operate in the 413–419 MHz, 426–432 

MHz, 438–444 MHz, and 451–457 MHz 

bands. Section 95.2565 provides that 

each MedRadio transmitter type must be 

designed to maintain a frequency 

stability of ±100 ppm of the operating 

frequency over the applicable 

temperature range set forth in this 

section. Section 95.2567 provides that 

each MedRadio transmitter type must be 

designed such that the MedRadio 

equivalent isotropically radiated power 

(M–EIRP) does not exceed the limits in 

this section. Section 95.2567(e) provides 

that for MedRadio transmitters 

operating in the 2360–2390 MHz band, 

the M–EIRP over the bands of operation 

must not exceed the lesser of zero dBm 

(1 mW) or 10 log (B) dBm, where B is 

the MedRadio 20 dB emission 

bandwidth in megahertz. Section 

95.2567(f) provides that for MedRadio 

transmitters operating in the 2390–2400 

MHz band, the M–EIRP over the bands 

of operation must not exceed the lesser 

of 13 dBm (20 mW) or 16 + 10 log (B) 

dBm, where B is the MedRadio 20 dB 

emission bandwidth in megahertz. 

Section 95.2569 provides that 

compliance with MedRadio equivalent 

isotropic radiated power (M–EIRP) 

limits can be determined by measuring 

the radiated field strength from the 

transmitter type, in accordance with the 

rules in this section. Section 95.2573 

provides that each MedRadio 

transmitter type must be designed such 

that the MedRadio emission bandwidth 

(as defined in 95.2503) does not exceed 

the applicable limits set forth in this 

section. Section 95.2579(a)(5) provides 

that The field strengths of unwanted 

emissions from each MedRadio 

transmitter type, measured at a distance 

of 3 meters, must not exceed the field 

strength limits shown in the table in this 

paragraph for the indicated frequency 

ranges, if the frequencies of these 

emissions are, among other things, more 

than 2.5 MHz outside of the 2360–2400 

MHz band (for devices designed to 

operate in the 2360–2400 MHz band). 

Section 95.2579(f) provides that for 

MedRadio transmitter types designed to 

operate in the 2360–2400 MHz band: In 

the first 2.5 megahertz above or below 

any of the frequency bands authorized 

for MBAN operation, the EIRP of any 

unwanted emission must be attenuated 

within a 1 megahertz bandwidth by at 

least 20 dB relative to the maximum 

EIRP within any 1 megahertz bandwidth 

of the fundamental emission. Section 

95.2587 provides that the antenna 

associated with any MedRadio 

transmitter must be supplied with the 

transmitter and is considered part of the 

transmitter subject to equipment 

authorization and that MedRadio 

transmitters shall be tested for 

frequency stability, radiated emissions 

and EIRP limit compliance in 

accordance with applicable rules. 

Section 95.2593(c) provides that 

MedRadio programmer/control 

transmitters operating in the 2360–2400 

MHz band shall bear the following 

statement in a conspicuous location on 

the device: ‘‘This device may not 

interfere with stations authorized to 

operate on a primary basis in the 2360– 

2400 MHz band, and must accept any 

interference received, including 

interference that may cause undesired 

operation.’’ Section 95.2595(c) provides 

that manufacturers of MedRadio 

transmitters must include with each 

transmitting device a disclosure that 

states that the transmitter must not 

cause harmful interference to stations 

operating in the 400.150–406.000 MHz 

band. 

The need for these sections is 

ongoing. 

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

307. 

Section Number and Title: 

95.2509 MBAN registration and 

frequency coordination. 

95.2525 MedRadio interference. 

95.2533(c), (d) Prohibited MedRadio 

uses. 

95.2557(d) MedRadio duration of 

transmission. 

95.2559 MedRadio channel access 

requirements. 

95.2563(e) MedRadio frequency 

bands. 

95.2565 MedRadio frequency 

accuracy. 

95.2567 MedRadio radiated power 

limits. 

95.2567(e) Transmitters—2360–2390 

MHz band. 

95.2567(f) Transmitters—2390–2400 

MHz band. 

95.2569 MedRadio field strength 

measurements. 

95.2573 MedRadio authorized 

bandwidths. 

95.2579(a)(5), (f) MedRadio 

unwanted emissions limits. 

95.2587 MedRadio additional 

requirements. 

95.2593(c) MedRadio labeling 

requirements. 

95.2595(c) MedRadio disclosures. 

PART 97—AMATEUR RADIO SERVICE 

Subpart A—General Provisions 

Brief Description: Part 97 provides the 

rules and regulations for the amateur 

radio service. Subpart A provides 

general provisions for the service, 

including requirements, restrictions, 

and definitions. 

Need: Section 97.3(a)(27) provides the 

definition of a licensee’s ‘‘in-law.’’ 

Section 97.31 provides the method and 

documentation required for requesting 

cancellation of a license grant on 

account of the licensee’s death. The 

need for these rules is ongoing. 

Legal Basis: 47 U.S.C. 151–155, and 

301–609. 

Section Number and Title: 

97.3(a)(27) Definitions. 

97.31 Cancellation on account of the 

license’s death. 

Subpart C—Special Operations 

Brief Description: Section 97.221 

specifies the conditions under which a 

digital Amateur Radio Service station 

may be automatically controlled. 

Section 97.221(c) clarifies when a 

station may be automatically controlled 

while emitting a RTTY or data emission. 

Need: These rules are needed to 

ensure that Amateur Radio Service 

stations operate as intended and do not 

cause harmful interference, including 

while being automatically controlled. 

Legal Basis: 47 U.S.C. 151–155, and 

301–609. 

Section Number and Title: 

97.221(c) Automatically controlled 

digital station. 

Subpart D—Technical Standards 

Brief Description: These rules specify 

various technical rules for operation of 

Amateur Radio Service stations, 

including frequency sharing 

requirements, authorized emission 

types, emission standards, and 

transmitter power standards. 

Need: These rules are needed to 

ensure that Amateur Radio Service 

stations operate as intended and do not 

cause harmful interference. 

Legal Basis: 47 U.S.C. 151–155, and 

301–609. 

Section Number and Title: 

97.303(h) Frequency sharing 

requirements. 

97.305(c) Authorized emission 

types. 

Brief Description: The rules and 

regulations of Part 97 are designed to 

provide for an amateur radio service 

having, among other principles, (1) 

recognition and enhancement of the 

value of the amateur service to the 

public as a voluntary noncommercial 

communication service, particularly 

with respect to providing emergency 

communications, (2) continuation and 

extension of the amateur’s proven 

ability to contribute to the advancement 


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of the radio art, and (3) encouragement 

and improvement of the amateur service 

through rules which provide for 

advancing skills in both the 

communication and technical phases of 

the art. 

Subpart D sets forth the technical 

standards for equipment operating 

under this part including authorized 

frequency bands, emission standards 

and transmitter power standards. 

Need: Section 97.307(f)(14) sets forth 

the emission standards for the 60 m 

amateur band. Section 97.313(j) states 

that no station may transmit with a 

transmitter output exceeding 10 W PEP 

when the station is transmitting a SS 

emission type. The need for these 

sections is ongoing. 

Legal Basis: 47 U.S.C. 151–155, and 

301–609, unless otherwise noted. 

Section Number and Title: 

97.307(f)(14) Emission standards. 

97.313(f), (i), (j) Transmitter power 

standards. 

PART 101—FIXED MICROWAVE 

SERVICES 

Subpart C—Technical Standards 

Brief Description: Part 101 contains 

service and licensing rules for Fixed 

Microwave Services. Subpart C sets 

forth technical standards for these 

services. 

Need: The revised rules establish 

antenna standards in the 10,700–11,700 

MHz band (101.115(f)) and assignments 

and conditions for 30 megahertz 

bandwidth channels in the 6,525–6,875 

MHz band (101.147(a) n.33 and (k)(8)). 

The need for these rules is ongoing. 

Legal Basis: 47 U.S.C. 154, 301, 302, 

303, 307, and 309. 

Section Number and Title: 

101.115(f) Emission limitations. 

101.147(a) n.33, (k)(8) Frequency 

assignments. 

101.147(a) note (34), (i)(9), (l), (o)(8)

Frequency assignments. 

[FR Doc. 2023–20561 Filed 9–25–23; 8:45 am] 

BILLING CODE 6712–01–P 


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