Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Proposed Rules 74097 

original and English translation, as 

applicable); 

(vi) An annual itemized fee and cost 

schedules, including recruitment fees 

and associated costs; these schedules 

must correspond to those that the 

sponsor (and the sponsor’s third party) 

has included in its recruitment 

materials and posted to a visible 

location on the sponsor’s website; 

(vii) Itemized au pair price lists (in 

accordance with any template the 

Department of State may provide) that 

identify on a country-specific basis the 

costs exchange visitors must pay each 

sponsor and foreign third party in order 

to participate in the program. Sponsors 

must submit separate lists for each 

country/foreign third party and each list 

should provide that third party’s 

website address; and 

(viii) A report by a certified public 

accountant, conducted pursuant to a 

format and on a schedule designated by 

the Department of State, attesting to the 

sponsor’s compliance with the 

procedures and reporting requirements 

set forth in this subpart; 

(2) In addition to § 62.13(d), report 

within the next business day to the 

Department of State any incident or 

allegation involving the actual or 

alleged sexual harassment, exploitation 

or any other form of abuse, or rematch 

of an au pair; 

(3) Within 30 days of execution of a 

new written agreement with a foreign 

third party, a sponsor must provide the 

Department of State with that third 

party’s name and contact information 

(i.e., telephone number, email address, 

physical mailing address, point of 

contact, and website address). The 

sponsor also must provide the 

Department of State with updated 

contact information or changes in 

material information for its foreign third 

party within 30 days after receiving 

notice of any such change. Sponsors 

must utilize only vetted foreign entities 

identified in the Foreign Entity Report 

to assist in fulfilling the sponsors’ core 

programmatic functions outside the 

United States, and they must inform the 

Department within 30 days after ceasing 

to work with a foreign third party 

previously identified. 

(s) Repeat participation. Foreign 

nationals who enter the United States as 

au pairs, have successfully completed 

their programs, and have returned home 

are eligible to participate again as au 

pairs, provided that they have resided 

outside the United States for at least two 

years following completion of their most 

recent exchange program and meet all 

eligibility requirements as an au pair. 

(t) Relationship to state and local 

laws. (1) In order to ensure nationwide 

consistency and coherent 

implementation of the Au pair category 

of the Exchange Visitor Program, the 

regulations in this section provide the 

exclusive requirements applicable to 

sponsors, host families and au pairs on 

the matters, and may not be 

supplemented by state or local law 

except as provided in paragraph (t)(3) of 

this section: 

(i) Au pair selection. 

(ii) Au pair placement. 

(iii) Hours and compensation. 

(iv) Unemployment insurance taxes 

and employment training taxes. 

(v) Minimum time off and paid time 

off and sick leave; and 

(vi) Educational component. 

(2) In addition to the matters listed in 

paragraph (t)(1) of this section, the 

regulatory framework provided under 

this section shall preempt any state or 

local law that, in the Department of 

State’s view, otherwise poses an 

obstacle to the realization of the 

objectives of the Au pair category of the 

Exchange Visitor Program except as 

provided in paragraph (t)(3) of this 

section. Sexual harassment and 

retaliation laws shall not be deemed to 

pose an obstacle to the realization of the 

objectives of the Au pair category. 

(3) Notwithstanding the foregoing, 

state and local minimum wage and 

overtime pay requirements shall apply 

to au pairs where applicable and shall 

not be deemed to be an obstacle to the 

realization of the objectives of the Au 

pair category of the Exchange Visitor 

Program. 

(u) Severability. In the event that any 

provision of this section is held invalid 

as applied to any person or 

circumstance, such provision shall be 

construed, as applied to other persons 

or circumstances, to have maximum 

effect to the extent permitted under law. 

If any provision of this section is 

deemed invalid and unenforceable in 

any circumstance, such provision is 

severable from the remaining provisions 

of this section. 

(v) Transition period. Sponsors are 

not required to comply with the 

provisions of this section for au pairs 

with Program Begin Dates on the Form 

DS–2019 prior to the effective date of 

[180 DAYS AFTER DATE OF 

PUBLICATION OF THE FINAL RULE]. 

Au pair exchange programs with a 

Program Begin Date on Form DS–2019 

prior to [180 DAYS AFTER DATE OF 

PUBLICATION OF THE FINAL RULE] 

are subject to the requirements of this 

section in effect at the time of the 

Program Begin Date. Any extensions of 

programs authorized prior to the 

effective date of [180 DAYS AFTER 

DATE OF PUBLICATION OF THE 

FINAL RULE] are also subject to the 

requirements from this section that were 

in effect at the time of the Program 

Begin Date. Any new programs with a 

Program Begin Date on or after the 

effective date of [180 DAYS AFTER 

DATE OF PUBLICATION OF THE 

FINAL RULE], or program extensions 

authorized on or after the effective date 

of [180 DAYS AFTER DATE OF 

PUBLICATION OF THE FINAL RULE] 

are subject to the requirements set forth 

in this section. 

Karen Ward, 

Director, Office of Private Sector Exchange 

Designation, Bureau of Educational and 

Cultural Affairs, U.S. Department of State. 

[FR Doc. 2023–23650 Filed 10–27–23; 8:45 am] 

BILLING CODE 4710–05–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, 2, and 101 

[WT Docket No. 20–133; DA 23–988; FR ID 

181235] 

Wireless Telecommunications Bureau 

Seeks To Refresh the Record in 70/80/ 

90 GHz Bands Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) seeks comment to refresh 

the record in the rulemaking on 

Modernizing and Expanding Access to 

the 70/80/90 GHz Bands (85 FR 40168, 

July 6, 2020; 86 FR 60436, Nov. 2, 2021) 

to address the potential for use of the 

71–76 GHz, 81–86 GHz, 92–94 GHz, and 

the 94.1–95 GHz (70/80/90 GHz) bands 

to provide broadband internet access to 

consumers and communities that may 

otherwise lack robust, consistent 

connectivity. Specifically, the 

Commission previously proposed new 

and updated rules to further enable nonFederal uses of the 70/80/90 GHz bands, 

which are currently allocated on a coprimary basis for Federal and nonFederal use. This document seeks to 

refresh the overall record in the docket 

and seeks comment, in particular, on 

the proposals made in a filing by the 

National Telecommunications and 

Information Administration (NTIA) on 

October 17, 2023 (NTIA October 17 

Filing). In that filing, NTIA proposed 

technical rules and interference 

mitigation measures, including 

operating parameters for links to 

endpoints in motion in 71–76 GHz and 

81–86 GHz, to protect current or 


khammond on DSKJM1Z7X2PROD with PROPOSALS
74098 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Proposed Rules 

1 Modernizing and Expanding Access to the 70/ 

80/90 GHz Bands, WT Docket No. 20–133, Notice 

of Proposed Rulemaking, 35 FCC Rcd 6039 (2020), 

85 FR 40168 (Jul. 6, 2020) (70/80/90 GHz NPRM); 

47 CFR 2.106; see also 70/80/90 GHz NPRM, 35 

FCC Rcd at 6040 through 41 paragraph 2 (providing 

additional details on existing Federal and nonFederal allocations in co- and adjacent bands and 

protections). 

2 70/80/90 GHz NPRM, 35 FCC Rcd at 6040, para. 

1; see also id. at 6041, 6055 through 58, paragraphs 

2, 40, 42–45 (seeking comment—if the Commission 

authorizes links to endpoints in motion—on 

technical rules and interference mitigation 

measures such as restrictions or unique operating 

parameters that might be necessary to protect, inter 

alia, co-primary and adjacent Federal operations 

including vehicular radars, passive services, and 

Radio Astronomy Services). 

3 70/80/90 GHz NPRM, 35 FCC Rcd at 6049 

through 58, paragraphs 22 through 45. 

4 70/80/90 GHz NPRM, 35 FCC Rcd at 6045 

through 48, paragraphs 10 through 17 (‘‘Antenna 

Rules’’); id. at 6048 through49 paragraphs 18 

through 21 (‘‘Link Registration Process’’); id. at 

6058 through 59, paragraphs 46 through49 

(‘‘Channelization Plan’’). In October 2021 the 

Bureau issued a document seeking to further 

develop the record on the use of High Altitude 

Platform Stations (HAPS) or other stratosphericbased platform services in the 70/80/90 band. 

Wireless Telecommunications Bureau Seeks to 

Supplement the Record on 70/80/90 GHz Notice of 

Proposed Rulemaking, WT Docket No. 20–133, 

Public Notice, 36 FCC Rcd 14375 (WTB 2021), 86 

FR 60436 (Nov. 2, 2021). 

5Letter from Charles Cooper, Associate 

Administrator, Office of Spectrum Management, 

National Telecommunications and Information 

Administration, to Ronald T. Repasi, Chief, Office 

of Engineering and Technology, Federal 

Communications Commission, and Joel 

Taubenblatt, Chief, Wireless Telecommunications 

Bureau, Federal Communications Commission, WT 

Docket No. 20–133 (filed October 17, 2023) (NTIA 

October 17 Filing). Attachment A to the NTIA 

Filing summarizes suggested interference 

mitigations based on collaboration between NTIA 

and the Federal operators identified in footnote 6, 

infra; Attachment B details the technical analyses 

performed by the same; and Attachment C proposes 

rule text for the Commission to consider. 

6Specifically, the TIG included representatives 

from the National Aeronautics and Space 

Administration, the National Oceanic and 

Atmospheric Administration, the National Science 

Foundation, the Department of the Air Force, and 

NTIA itself. Commission staff participated in 

regular information exchange meetings with the 

TIG. NTIA October 17 Filing at 2. 

planned Federal operations in these 

frequencies and in adjacent bands. 

DATES: Comments are due on or before 

November 8, 2023. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 20–133, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: www.fcc.gov/ecfs/. 

• Paper Filers: Parties that 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. 

Æ 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. 

Æ 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 (Mar. 19, 2020), 

https://www.fcc.gov/document/fcccloses-headquarters-open-windowandchanges-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 and Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Tignor, Broadband Division, 

Wireless Telecommunications Bureau, 

at (202) 418–0530 or Jeffrey.Tignor@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, DA 23–988, rel. October 17, 

2023 in WT Docket No. 20–133. The full 

text of the document is available on the 

Commission’s website at: https://

docs.fcc.gov/public/attachments/DA-23- 

988A1.pdf. Text and Microsoft Word 

formats are also available (replace 

‘‘.pdf’’ in the link with ‘‘.txt’’ or ‘‘.docx’’, 

respectively). Alternative formats are 

available for people with disabilities 

(Braille, large print, electronic files, 

audio format), by sending an email to 

fcc504@fcc.gov or call the Commission’s 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Providing Accountability Through 

Transparency Act. A summary of this 

document is available at https://

www.fcc.gov/proposed-rulemakings. 

Synopsis. With this document, the 

Wireless Telecommunications Bureau 

(Bureau) seeks to refresh the overall 

record in WT Docket No. 20–133 and 

seeks comment, in particular, on the 

proposals in the NTIA October 17 

Filing. In its 70/80/90 GHz NPRM, the 

Commission proposed new and updated 

rules to further enable non-Federal uses 

of the 71–76 GHz, 81–86 GHz, 92–94 

GHz, and 94.1–95 GHz bands 

(collectively, the 70/80/90 GHz bands), 

which are currently allocated on a coprimary basis for Federal and nonFederal use.1 The Commission 

specifically committed to ‘‘coordinate 

any proposed rule changes with the 

affected agencies and the National 

Telecommunications and Information 

Administration,’’ noting the need to 

‘‘work with NTIA to evaluate potential 

impacts associated with any new or 

expanded non-Federal use of shared 

allocations.’’ 2

The 70/80/90 GHz NPRM sought 

comment on a range of issues, including 

proposals by Aeronet Global 

Communications, Inc. (Aeronet) to use 

the bands to provide broadband service 

to aircraft and ships in motion.3 The 

Commission also made proposals and 

solicited comment in part relating to 

applicable antenna standards, the extant 

link registration process, and possible 

band channelization.4 Among other 

developments in this proceeding, on 

October 17, 2023, NTIA submitted a 

filing to supplement the record— 

comprised of a cover letter and three 

attachments—proposing technical rules 

and interference mitigation measures, 

including operating parameters for links 

to endpoints in motion in 71–76 GHz 

and 81–86 GHz, to protect current or 

planned Federal operations in these 

frequencies and in adjacent bands.5 The 

NTIA October 17 Filing is based on the 

work of a technical interchange group 

(TIG) comprised of representatives from 

affected Federal agencies.6

Federal Communications Commission. 

Blaise Scinto, 

Chief, Broadband Division, Wireless 

Telecommunications Bureau. 

[FR Doc. 2023–23738 Filed 10–27–23; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 52 

[WC Docket Nos. 13–97, 07–243, 20–67; IB 

Docket No. 16–155; FCC 23–75; FR ID 

181538] 

Numbering Policies for Modern 

Communications 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes rules regarding 

direct access to numbers by providers of 

interconnected Voice over Internet 


khammond on DSKJM1Z7X2PROD with PROPOSALS