36848 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

excavation areas, restoration included 

backfilling with soil, grading the areas 

to provide drainage away from the areas, 

revegetation with native rye grass and 

spreading of wood chips over the area 

for erosion control. Pond restoration 

consisted of backfilling a portion of the 

ponds, covering the banks of the 

excavation and surrounding disturbed 

areas with straw matting for erosion 

control, and seeding with native rye 

grass. During the final site inspection 

conducted in April 2017, it was 

observed that the excavation areas are 

now restored with native brush and 

secondary growth forest. 

Groundwater: No COCs were detected 

at concentrations above the Amended 

ROD clean up goals in either sample 

MW–7DR or MW–7SR during 2016 

quarterly groundwater sampling. The 

detected concentrations of these 

compounds are generally significantly 

less than the concentrations previously 

identified in groundwater samples 

collected at the Site in May 2011 and 

November 2012. Aluminum, beryllium, 

chromium, and nickel were either 

detected at estimated concentrations 

that are below the applicable criteria, or 

were not detected above laboratory 

detections limits in both the filtered and 

unfiltered samples. 

Due to the low turbidity of the 

samples, the concentrations reported for 

both filtered and unfiltered samples 

were very similar. In addition to the 

reductions in the observed 

concentrations of the COCs, the pH 

values were also higher than historic 

values. The pH was measured at 3.81 in 

MW–7SR versus historic values ranging 

from 2.31 to 3.55 in MW–7S. The pH of 

the sample collected at MW–7DR was 

6.47 versus historic values measured as 

low as 3.21. 

In addition, pH values measured in 

the newly installed wells are similar to 

other sites in the Castle Hayne area. 

Based on the findings of the January 

2016 sampling event, Apex conducted 

three additional quarterly sampling 

events in April, July, and October 2016 

to obtain sufficient data for site closure. 

During these quarterly sampling events, 

since the January 2016 sampling results 

demonstrated that hexavalent chromium 

was not a COC, the samples were only 

analyzed for total chromium. 

The monitoring data demonstrates 

that remedial action objectives and 

cleanup levels specified in the 2007 

ROD Amendment are achieved. There 

are no additional monitoring or 

Operations and Maintenance of the 

remedy required. 

Five-Year Reviews 

The purpose of a five-year review 

(FYR) is to evaluate the implementation 

and performance of a remedy to 

determine if the remedy is and will 

continue to be protective of human 

health and the environment. In 

addition, FYR reports identify issues 

found during the review, if any, and 

document recommendations to address 

them. EPA completed two policy FYRs 

for the site in September 2012 and 

September 2017. The 2017 FYR 

determined that the remedy was 

protective of human health and the 

environment, and there were no issues 

or recommendations. The 2017 FYR 

concluded that no further FYRs are 

planned for the site because all 

impacted media have reached 

Unlimited Use/Unrestricted Exposure 

(UU/UE) categorization. 

Community Involvement 

EPA has communicated with the 

public through Fact Sheets, meetings, 

internet postings, newspaper ads, and 

answering email and phone inquiries. 

Current Site information can be found at 

https://cumulis.epa.gov/supercpad/ 

cursites/csitinfo.cfm?id=0405590. 

Public participation activities have 

been satisfied as required in CERCLA 

Section 113(k), 42 U.S.C. 9613(k) and 

CERCLA Section 117, 42 U.S.C. 9617. 

Documents in the deletion docket, 

which the EPA relied on for 

recommendation of the deletion from 

the NPL, are available to the public in 

the information repositories identified 

above. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

Region 4 has followed the procedures 

required by 40 CFR 300.425(e) as 

mentioned above and the implemented 

remedy achieves the degree of cleanup 

specified in the ROD for all pathways of 

exposure. The information presented in 

the Final Close-Out Report verifies that 

the site has achieved the ROD 

Amendment’s RAOs, and that all 

cleanup actions specified in the ROD 

Amendment were implemented. All 

selected remedial action objectives and 

associated cleanup levels are consistent 

with agency policy and guidance. This 

site meets all the site completion 

requirements as specified in Office of 

Solid Waste and Emergency Response 

(OSWER) Directive 9320.22, Close-Out 

Procedures for National Priorities List 

Sites. No further Superfund response is 

needed to protect human health and the 

environment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: July 17, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

[FR Doc. 2018–16244 Filed 7–30–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[CB Docket No. 18–31; DA 18–115] 

Possible Revision or Elimination of 

Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Review of regulations; 

comments requested. 

SUMMARY: This document invites 

members of the public to comment on 

the Commission’s rules to be reviewed 

pursuant to section 610 of the 

Regulatory Flexibility Act of 1980, as 

amended (RFA). The purpose of the 

review is to determine whether 

Commission rules whose ten-year 

anniversary dates are in the years 2015– 

2016, as contained in the Appendix, 

should be continued without change, 

amended, or rescinded in order to 

minimize any significant impact the 

rules may have on a substantial number 

of small entities. Upon receipt of 

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). 

DATES: Comments may be filed on or 

before October 29, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Sharon K. Stewart, Women’s Outreach 

Specialist, Office of Communications 

Business Opportunities (OCBO), Federal 

Communications Commission, (202) 

418–0990. People with disabilities may 

contact the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: fcc504@fcc.gov or 

phone: 202–418–0530 or TTY: 202–418– 

0432. 


daltland on DSKBBV9HB2PROD with PROPOSALS
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1 47 CFR 1.1200 et seq. 

ADDRESSES: You may submit comments, 

identified by CB Docket No. 18–31, by 

any of the following methods: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs//. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 888– 

835–5322. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

SUPPLEMENTARY INFORMATION: Each year 

the Commission will publish a list of 

ten-year old rules for review and 

comment by interested parties pursuant 

to the requirements of section 610 of the 

RFA. 

Synopsis 

1. Pursuant to the Regulatory 

Flexibility Act (RFA), see 5 U.S.C. 610, 

the FCC hereby publishes a plan for the 

review of rules adopted by the agency 

in calendar years 2005–2006 which 

have, or might have, a significant 

economic impact on a substantial 

number of small entities. The purpose of 

the review is to determine whether such 

rules should be continued without 

change, or should be amended or 

rescinded, consistent with the stated 

objective of section 610 of the RFA, to 

minimize any significant economic 

impact of such rules upon a substantial 

number of small entities. 

2. This document lists the FCC 

regulations to be reviewed during the 

next twelve months. In succeeding 

years, as here, the Commission will 

publish a list for the review of 

regulations promulgated ten years 

preceding the year of review. 

3. In reviewing each rule in a manner 

consistent with the requirements of 

section 610, the FCC will consider the 

following factors: 

(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. 

4. Appropriate information has been 

provided in the Appendix for each rule, 

as chosen for review by the FCC 

according to the requirements of section 

610, including a Brief Description of the 

rule and the need for, and Legal Basis 

of, the rule. The public is invited to 

comment on these rules, and all relevant 

and timely comments will be 

considered by the FCC before final 

action is taken in this proceeding. 

5. Pursuant to sections 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). 

D Electronic Filers: Comments may be 

filed electronically using the internet by 

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

ecfs/. 

D Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. Filings can be sent by hand or 

messenger delivery, 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. 

D All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW, Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes must be disposed 

of before entering the building. 

D 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. 

D U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW, 

Washington, DC 20554. 

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 (voice), 202– 

418–0432 (tty). 

6. The proceeding this Notice initiates 

shall be treated as a ‘‘permit-butdisclose’’ 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 

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. 

7. For information on the 

requirements of the RFA, the public 

may contact Sharon K. Stewart, 

Women’s Outreach Specialist, Office of 

Communications Business 

Opportunities, 202–418–0990 or visit 

www.fcc.gov/ocbo. 

Federal Communications Commission. 

Sanford S. Williams, 

Director, Office of Communications Business 

Opportunities. 

List of rules for review pursuant to the 

Regulatory Flexibility Act of 1980, 5 

U.S.C. Section 610, for the ten-year 


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36850 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

2 47 U.S.C. 159(a)(2). 

period beginning in the year 2005 and 

ending in the year 2006. All listed rules 

are in title 47 of the Code of Federal 

Regulations. 

PART 1—PRACTICE AND 

PROCEDURE 

Subpart E—Complaints, Applications, 

Tariffs, and Reports Involving 

Common Carriers 

Brief Description: Section 1.767 sets 

forth the application filing requirements 

for submarine cable landing licenses. 

Section 1.768 sets forth the notification 

and prior approval requirements for 

submarine cable landing licensees that 

are or propose to become affiliated with 

a foreign carrier. 

Need: The rules are needed to 

implement the Commission’s policies 

that facilitate the expansion of capacity 

and facilities-based competition in the 

submarine cable market. These 

measures are designed to enable 

international carriers to respond to the 

demands of the market with minimal 

regulatory oversight and delay, saving 

time and resources for both the industry 

and government, while preserving the 

Commission’s ability to guard against 

anticompetitive behavior. 

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

154(j), 155, 225, 303(r), 309 and 325(e). 

Section Number and Titles: 

1.767(a), (a)(5), (a)(7)–(11), (g)–(n)

Cable landing licenses. 

1.768, (h)–(j) Notification by and prior 

approval for submarine cable 

landing licensees that are or 

propose to become affiliated with a 

foreign carrier. 

Subpart F—Wireless Radio Services 

Applications and Proceedings 

Brief Description: Part 1 states the 

general rules of practice and procedure 

before the Federal Communications 

Commission. Subpart F sets forth the 

requirements and conditions under 

which entities may be licensed in the 

Wireless Radio Services as described in 

parts 1, 13, 20, 22, 24, 26, 27, 74, 80, 87, 

90, 95, 97 and 101. 

Need: These recodifications of Part 22 

rules (1.958 and 1.959) establish the 

required distance and terrain elevation 

calculation methods applicable to all 

Wireless Radio Services (except Parts 21 

and 101) (Parts 1, 20, 22, 24, 27, 80 87, 

90, 95, and 97); implement the 

Commission’s policies with regard to 

the processing of applications 

(1.913(a)(6) and 1.919(b)(5)) and the 

protection of Federal Government 

operations (1.924(e)); and revise the 

procedures for the amateur service 

vanity call sign system (1.934(d)(5)). 

The need for these rules is ongoing. 

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

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

225, 227, 303, 303(r), 307, 309 and 332. 

Section Number and Titles: 

1.913(a)(6) Application and 

notification forms; electronic and 

manual filing. 

1.919(b)(5) Ownership Information. 

1.924(e)(4) Quiet zones. (Revised 2015) 

1.934(d)(5) Defective applications and 

dismissal. 

1.958 Distance computation. (Revised 

2014) 

1.959 Computation of average terrain 

elevation. 

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 (Communications Act or Act) 

requires the Commission to collect fees 

sufficient to offset the amount 

appropriated.2 These rules specify the 

fees for the Commission’s regulatees. 

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

Section Number and Titles: 

1.1102 Table amended—Schedule of 

charges for applications and other 

filings in the wireless 

telecommunications services. 

1.1107 Table corrected—Schedule of 

charges for applications and other 

filings for the international services. 

1.1152 Table amended—Schedule of 

annual regulatory fees and filing 

locations for wireless radio services. 

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—Schedule of 

regulatory fees for international 

services. 

Subpart Q—Competitive Bidding 

Proceedings 

Brief Description: Part 1 states the 

general rules of practice and procedure 

before the Federal Communications 

Commission. Subpart Q sets forth the 

provisions implementing Section 309(j) 

of the Communications Act of 1934, as 

amended, authorizing the Commission 

to employ competitive bidding 

procedures to resolve mutually 

exclusive applications for certain initial 

licenses. 

Need: These rules are needed on an 

ongoing basis to implement the 

Commission’s competitive bidding 

authority under Section 309(j) of the 

Communications Act of 1934, as 

amended, including the designated 

entity and tribal land bidding credit 

programs. 

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

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

Section Number and Titles: 

1.2104(j)(1)–(2) Competitive bidding 

mechanisms. (Renumbered 2014) 

1.2107(g) Submission of down 

payment and filing of long-form 

applications. 

1.2111(b)(2)(ii) Assignment or transfer 

of control: Unjust enrichment. 

(Renumbered 2015) 

1.2112(b)(1)(iii)–(iv) Ownership 

disclosure requirements for 

applications. (Revised 2016) 

1.2114 Reporting of eligibility event. 

(Revised 2015) 

Subpart Y—International Bureau Filing 

System 

Brief Description: Subpart Y describes 

the procedures for electronic filing of 

international and satellite services 

applications using the International 

Bureau Filing System (IBFS). 

Need: Subpart Y is necessary as it 

codifies the use of the International 

Bureau Filing System (IBFS) as an 

official method of filing applications 

related to satellite and international 

telecommunications services with the 

Commission. Electronic filing improves 

the speed and efficiency of application 

processing and also expedites the 

availability of application information 

for public use and inspection. 

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

154(j), 155, 225, 303(r), 309 and 325(e). 

Section Number and Titles: (originally 

codified at 1.9000–9018). 

1.10000 What is the purpose of these 

rules? 

1.10001 Definitions. 

1.10002 What happens if the rules 

conflict? 

1.10003 When can I start operating? 

1.10004 What am I allowed to do if I 

am approved? 

1.10005 What is IBFS? 

1.10006 Is electronic filing mandatory? 

1.10007, (a)–(c) What applications can 

I file electronically? 

1.10008 What are IBFS file numbers? 

1.10009 What are the steps for 

electronic filing? 


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1.10010 Do I need to send paper 

copies with my electronic 

applications? 

1.10011 Who may sign applications? 

1.10012 When can I file on IBFS? 

1.10013 How do I check the status of 

my application after I file it? 

1.10014 What happens after officially 

filing my application? 

1.10015 Are there exceptions for 

emergency filings? 

1.10016 How do I apply for special 

temporary authority? 

1.10017 How can I submit additional 

information? 

1.10018 May I amend my application? 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

Subpart J—Equipment Authorization 

Procedures 

Brief Description: An application for 

certification of a software defined radio 

must include the information required 

by section 2.944. 

Need: Section 2.1033 ensures that 

applications for certification include 

information sufficient to demonstrate 

compliance with all pertinent 

requirements. Paragraph (c)(18) requires 

an application for certification of a 

software defined radio to include an 

exhibit that addresses the specific 

requirements of Section 2.944, Software 

defined radios. Pursuant to that section, 

in order to assure that the device may 

only operate within the radio 

parameters for which it was approved, 

manufacturers must take steps to ensure 

that only software that has been 

approved for use with the software 

defined radio can be loaded into the 

radio. This rule affects small entities 

that are identified as manufacturers. 

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

and 336, unless otherwise noted. 

Section Number and Title: 

2.1033 Application for certification. 

PART 15—RADIO FREQUENCY 

DEVICES 

Subpart B—Unintentional Radiators 

Brief Description: All TV broadcast 

receivers shipped in interstate 

commerce or imported into the United 

States, for sale or resale to the public, 

shall comply with the provisions of this 

section, except that paragraphs (f) and 

(g) of this section shall not apple to the 

features of such sets that provide for 

reception of digital television signals. 

Need: This rule contains requirements 

adopted pursuant to the All-Channel 

Receiver Act, 47 U.S.C. 303(s), to ensure 

that that TV receivers are capable of 

adequately receiving all channels 

allocated for the TV broadcast service. 

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

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

Section Number and Title: 

15.117 TV broadcast receivers. 

Subpart C—Intentional Radiators 

Brief Description: Client devices that 

operate in a master/client network may 

be certified if they have the capability 

of operating outside permissible part 15 

frequency bands, provided they operate 

on only permissible part 15 frequencies 

under the control of the master device 

with which they communicate. 

Need: This rule benefits equipment 

manufacturers by allowing the 

certification of transmitters that can be 

used in multiple countries, thus 

reducing equipment costs, while 

minimizing the likelihood that these 

devices will operate outside permissible 

frequency bands within the United 

States and cause interference to 

authorized services. 

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

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

Section Number and Title: 

15.202 Certified operating frequency 

range. 

Brief Description: Section 15.231(a)(5) 

allows remote control devices to be 

operated with transmission durations 

greater than five seconds but less than 

ten seconds during equipment setup. 

Need: There is a need, in some cases, 

to allow installers of complex security 

systems to initiate transmissions for 

greater than the five seconds duration 

otherwise permitted under Section 

15.231. To minimize the likelihood of 

interference to authorized users of the 

spectrum the rule limits setup 

transmissions to no more than ten 

seconds. This allows manufacturers 

flexibility in the design of complex 

security systems while limiting the 

increase in interference potential of 

those systems. 

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

303(e), 303, 304, 307, 336, 544a, and 

549. 

Section Number and Title: 

15.231 Periodic operation in the band 

40.66–40.70 MHz and above 70 

MHz. 

PART 20—COMMERCIAL 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. 

Need: These rules are needed on an 

ongoing basis to implement the 

Commission’s interconnection 

regulations between local exchange 

carriers and commercial mobile radio 

service providers, including 

compensation and arbitration 

obligations. 

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(a), 

309(j)(3), 316(a), 332, 610, 615, 615a, 

615b and 615c. 

Section Number and Titles: 

20.11(d), (e) Interconnection to 

facilities of local exchange carriers. 

Brief Description: Section 20.19 

requires providers of covered mobile 

services and the manufacturers of 

handsets used with these services to 

offer a selection of hearing aidcompatible handsets. Providers and 

manufacturers must ensure that a 

certain minimum percentage or number 

of the handsets that they offer meet a 

specified rating for compatibility with 

hearing aids in acoustic coupling mode 

(coupling via the hearing aid 

microphone) and inductive coupling 

mode (coupling via a telecoil), as 

measured under Commission-approved 

technical standards. In 2005, section 

20.19 was amended by adding 

subsection (b)(4), which directs states 

that adopt and enforce the 

Commission’s hearing aid compatibility 

rules on delegated authority to refer to 

the Commission’s Office of Engineering 

and Technology any questions involving 

factual determinations of whether 

particular equipment complies with the 

Commission-approved technical 

standards. 

Need: Section 20.19 implements, for 

wireless handsets, the statutory 

requirement under 47 U.S.C. 610(b) that 

telephones and devices used for 

advanced communications services 

provide internal means for effective use 

with compatible hearing aids. The rule 

is also necessary to ensure reasonable 

access to commercial mobile services by 

persons with impaired hearing, as 

required under 47 U.S.C. 610(a). 

Legal Basis: 47 U.S.C. 151, 154(i), 157, 

160, 201, 202, 208, 214, 301, 302, 303, 

308, 309(j), 310, and 610. 

Section Number and Title: 

20.19(b)(4) Hearing aid-compatible 

mobile handsets; technical 

standards. 

PART 22—PUBLIC MOBILE SERVICES 

Subpart E—Paging and 

Radiotelephone Service 

Brief Description: In 2006, this rule 

added clarification on reimbursement 

and relocation expenses when an 

emerging technologies (ET) services 


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36852 Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 

licensee relocates a paired Paging and 

Radiotelephone Services (PARS) link 

under certain conditions. 

Need: As part of the effort to 

transition microwave channels for use 

by ET services, this provision promotes 

the transition and accomplishes 

regulatory parity with a similar 

provision in Part 27. The need for this 

rule is ongoing. 

Legal Basis: 47 U.S.C. 154, 222, 303, 

309 and 332. 

Section Number and Title: 

22.602(k) Transition of the 2110–2130 

and 2160–2180 MHz channels to 

emerging technologies; 

Reimbursement and relocation 

expenses in the 2110–2130 MHz 

and 2160–2180 MHz bands. 

Subpart G—Air-Ground 

Radiotelephone Service 

Brief Description: These rules refined 

the Commercial Aviation Air-Ground 

Systems within the Air-Ground 

Radiotelephone Service. Section 22.853 

limits any Air-Ground Radiotelephone 

Service licensee to the use of no more 

than 3 MHz of spectrum in the service 

bands. Section 22.877 defines 

unacceptable interference to noncellular Part 90 licensees from this 

service as equivalent to the definition in 

Section 22.970 applicable to the Cellular 

Radiotelephone Service. Section 22.878 

outlines the obligations to abate 

unacceptable interference from 

commercial aviation ground stations, 

divided into strict responsibility for 

single licensees, and joint and several 

responsibility for multiple licensees. 

Section 22.879 outlines the interference 

resolution procedures applicable to 

licenses for commercial aviation ground 

stations after a certain date, including 

notification, interference analysis, and 

mitigation. Section 22.880 enforces 

information exchange between this 

service and public safety/critical 

infrastructure industry licensees, 

requiring notification upon request of 

activation or modification of a ground 

station site. Section 22.881 defines the 

service to be subject to competitive 

bidding, according to the procedures set 

forth in Part 1, Subpart Q of the same 

Chapter. Finally, Section 22.882 

establishes bidding credits for eligible 

designated entities to reduce the cost of 

winning bids for commercial AirGround Radiotelephone Service 

licenses. 

Need: In refining the statutory 

requirements for the Commercial 

Aviation Air-Ground Radiotelephone 

Service, which remains in operation 

today, these rules contain various 

provisions that advance the interests of 

small businesses, including those 

providing for access to the spectrum and 

those imposing interference limitations, 

abatement and resolution procedures, 

including information exchange and 

notification, to provide small business 

licensees with further leverage to 

receive protection from interference. 

Finally, the rules establish bidding 

credits for eligible designated entities to 

encourage participation in the AirGround Radiotelephone Services for 

small and very small businesses as 

defined. The need for these rules is 

ongoing. 

Legal Basis: 47 U.S.C. 154, 222, 303, 

309 and 332. 

Section Number and Titles: 

22.853 Eligibility to hold interest in 

licenses limited to 3 MHz of 

spectrum. 

22.877 Unacceptable interference to 

part 90 non-cellular 800 MHz 

licensees from commercial aviation 

air-ground systems. 

22.878 Obligation to abate 

unacceptable interference. 

22.879 Interference resolution 

procedures. 

22.880 Information exchange. 

22.881 Air-Ground Radiotelephone 

Service subject to competitive 

bidding. 

22.882 Designated entities. 

PART 25—SATELLITE 

COMMUNICATIONS 

Subpart A—General 

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: The 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, 301, 302, 

303, 307, 309, 310, 319, 332, 605, 721. 

Section Number and Titles: 

25.103 Definitions. 

25.109(c) Cross reference. 

Subpart B—Applications and Licenses 

25.110 Filing of applications, fees, and 

number of copies. 

25.111(b), (c) Additional information, 

ITU filings, and ITU cost recovery. 

25.112(a)(3), (b) introductory text

Dismissal and return of 

applications. 

25.113 Heading and (a) [formerly 

partially in 25.136, 25.143(i), (j), 

(k)], (g), (h) Station licenses and 

launch authority. 

25.114 Applications for space station 

authorizations. 

25.115(a)(1), (2)(iii), (c)(1), (2), (e), (f) 

[formerly primarily in 25.134]

Applications for earth station 

authorizations. 

25.116(b)(5), (c) introductory text, (d), 

(e) Amendments to applications. 

25.117(a), (c), (d)(1), (2), (3), (g)

Modification of station license. 

25.118(b), (e) Modifications not 

requiring prior authorization. 

25.119(a), (c), (d), (g) Assignment or 

transfer of control of station 

authorization. 

25.120(b) Application for special 

temporary authorization. 

25.121 License term and renewals. 

25.129 Equipment authorization for 

portable earth-station transceivers. 

25.130(a), (f) Filing requirements for 

transmitting earth stations. 

25.131(a), (b), (h), (i), (j) Filing 

requirements and registration for 

receive-only earth stations. 

25.132(a) Verification of earth station 

antenna performance. 

25.133(a), (b) Period of construction; 

certification of commencement of 

operation. 

25.135(c), (d) Licensing provisions for 

earth station networks in the nonvoice, non-geostationary MobileSatellite Service. 

25.287 [formerly partially in 25.136]

Requirements pertaining to 

operation of mobile stations in the 

NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, 

and 2 GHz Mobile-Satellite Service 

bands. 

25.137 Requests for U.S. market access 

through non-U.S.-licensed space 

stations. 

25.138(a) introductory text, (a)(6), (f)

Licensing requirements for GSO 

FSS earth stations in the 

conventional Ka-band. 

25.139 NGSO FSS coordination and 

information sharing between 

MVDDS licensees in the 12.2 GHz 

to 12.7 GHz band. 

25.140(a) [formerly generally in 

25.140(b)] Further requirements 

for license applications for GSO 

space station operation in the FSS 

and the 17/24 GHz BSS. 

25.142(a)(1) Licensing provisions for 

the non-voice, non-geostationary 

Mobile-Satellite Service. 

25.285 [formerly generally in 25.143(i), 

(j), (k)] Operation of MSS and ATC 

transmitters or transceivers on 

board civil aircraft. 

25.143(b)(1) Licensing provisions for 

the 1.6/2.4 GHz mobile-satellite 

service and 2 GHz mobile-satellite 

service. 


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25.144(b) Licensing provisions for the 

2.3 GHz satellite digital audio radio 

service. 

25.145 Licensing provisions for the 

FSS in the 18.3–20.2 GHz and 

28.35–30.0 GHz bands. 

25.146 Licensing and operating rules 

for the NGSO FSS in the 10.7–14.5 

GHz bands. 

25.148 Licensing provisions for the 

Direct Broadcast Satellite Service. 

25.149 (a)(1) note added Application 

requirements for ancillary terrestrial 

components in Mobile-Satellite 

Service networks operating in the 

1.5/1.6 GHz and 1.6/2.4 GHz 

Mobile-Satellite Service. 

25.151(c)(2), (d), (e) Public notice. 

25.154(a)(3), (c), (d), (e) Opposition to 

applications and other pleadings. 

25.155 Mutually exclusive 

applications. 

25.156(d) Consideration of 

applications. 

25.157 Consideration of applications 

for NGSO-like satellite operation. 

25.158 Consideration of applications 

for GSO-like satellite operation. 

25.159 Limits on pending applications 

and unbuilt satellite systems. 

25.161(a) Automatic termination of 

station authorization. 

25.164 Milestones. 

25.165 Surety bonds. 

Subpart C—Technical Standards 

25.202(a)(1), (3), (4), (5), (6), (7), (8)

Frequencies, frequency tolerance, 

and emission limits. 

25.203(a), (b), (c), (d), (i) introductory 

text, (k) Choice of sites and 

frequencies. 

25.204(a), (b), (h), (i) Power limits for 

earth stations. 

25.205 Minimum antenna elevation 

angle. 

25.208(a), (c), (d), (l), (m), (o), (p)–(v)

Power flux density limits. 

25.209(f) Earth station antenna 

performance standards. 

25.210(c) [formerly in 25.215], (f), (j)

Technical requirements for space 

stations. 

25.211 heading, (d), (e) Analog video 

transmissions in the Fixed-Satellite 

Services. 

25.212 heading, (c), (d), (e)

Narrowband analog transmissions, 

digital transmissions and video 

transmissions in the GSO FixedSatellite Service. 

25.213(b) Inter-Service coordination 

requirements for the 1.6/2.4 GHz 

mobile-satellite service. 

25.216 Limits on emissions from 

mobile earth stations for protection 

of aeronautical radionavigationsatellite service. 

25.217 Default service rules. 

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 

(Earth-to-space) frequency band and 

transmitting in the 5925–6426 MHz 

(space-to-Earth) frequency band, 

operating with Geostationary 

Satellites in the Fixed-Satellite 

Service. 

25.222 Blanket Licensing provisions 

for Earth Stations on Vessels (ESVs) 

receiving in the 10.95–11.2 GHz 

(space-to-Earth), 11.45–11.7 GHz 

(space-to-Earth), 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 

Satellites in the Fixed-Satellite 

Service. 

25.253 Special requirements for 

ancillary terrestrial components 

operating in the 1626.5–1660.5 

MHz/1525–1559 MHz bands. 

25.254 Special requirements for 

ancillary terrestrial components 

operating in the 1610–1626.5 MHz/ 

2483.5–2500 MHz bands. 

25.255 Procedures for resolving 

harmful interference related to 

operation of ancillary terrestrial 

components operating in the 1.5/1.6 

GHz and 1.6/2.4 GHz bands. 

25.256 Special Requirements for 

operations in the 3.65–3.7 GHz 

band. 

25.258 Sharing between NGSO MSS 

feeder-link stations and GSO FSS 

services in the 29.25–29.5 GHz 

band. 

25.261 Procedures for avoidance of inline interference events for Non 

Geostationary Satellite Orbit 

(NGSO) Satellite Network 

Operations in the Fixed-Satellite 

Service (FSS) Bands. 

Subpart D—Technical Operations 

25.271(b), (c) introductory text, (c)(5), 

(e), (f) Control of transmitting 

stations. 

25.274(e), (f) [redesignated as new (g)], 

new (f) Procedures to be followed 

in the event of harmful interference. 

25.277(b), (c), (d), (f) Temporary fixed 

earth station operations. 

25.280 Inclined orbit operations. 

25.282 Orbit raising maneuvers. 

25.283 End-of-life disposal. 

25.284 Emergency Call Center Service. 

Subpart F—Competitive Bidding 

Procedures for DARS 

25.401 Satellite DARS applications 

subject to competitive bidding. 

25.404 Submission of down payment 

and filing of long-form applications. 

Subpart I—Equal Employment 

Opportunities 

25.601 Equal employment 

opportunities. 

Subpart J—Public Interest Obligations 

25.701 Other DBS Public interest 

obligations. 

PART 27—MISCELLANEOUS 

WIRELESS COMMUNICATIONS 

SERVICE 

Subpart A—General Information 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart A 

contains general information. 

Need: The revised rules specify that 

the part 27 rules apply to the Broadband 

Radio (BRS) and Educational Broadband 

(EBS) service frequencies in the 2495– 

2690 MHz. They also add a reference to 

part 74, the rule part applicable to 

experimental radio, auxiliary, special 

broadcast and other program 

distributional services, as also being 

applicable to Wireless Communications 

Service. The need for these rules is 

ongoing. 

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

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

and 1451. 

Section Number and Titles: 

27.1(b)(9) Basis and purpose. 

27.3(o) Other applicable rule parts. 

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 add power 

limits for particular types of services 

that may be offered as BRS or EBS, as 

well as the measurement procedures 

and an alternative out of band emissions 

limit for BRS. The need for these rules 

is ongoing. 

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

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

and 1451. 

Section Number and Titles: 

27.50(h)(3), (4) Power limits and duty 

cycle. 

27.53(m)(6), (7) Emission limits. 


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Subpart L—1695–1710 MHz, 1710–1755 

MHz, 1755–1780 MHz, 2110–2155 MHz, 

2155–2180 MHz, 2180–2200 MHz Bands 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart L 

contains rules that are applicable to 

AWS–1 (Advanced Wireless Service) 

stations operating in the 1710–1755/ 

2110–2155 MHz band and rules 

applicable to AWS–3 stations operating 

in the 1695–1710 and 1755–1780/2155– 

2180 MHz bands and to AWS–4 stations 

operating in the 2000–2020/2180–2200 

MHz bands. 

Need: The revised rules establish the 

relocation and cost sharing rules for 

relocation of incumbent microwave 

stations and BRS stations out of the 

spectrum reallocated to create the AWS 

bands. The need for these rules is 

ongoing. 

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

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

and 1451. 

Section Number and Titles: 

Cost-Sharing Policies Governing 

Microwave Relocation from the 2110– 

2150 MHz and 2160–2200 MHz Bands 

27.1160 Cost-sharing requirements for 

AWS. 

27.1162 Administration of the CostSharing Plan. 

27.1164 The cost-sharing formula. 

27.1166 Reimbursement under the 

Cost-Sharing Plan. 

27.1168 Triggering a reimbursement 

obligation. 

27.1170 Payment issues. 

27.1172 Dispute resolution under the 

Cost-Sharing Plan. 

27.1174 Termination of cost-sharing 

obligations. 

Cost-Sharing Policies Governing 

Broadband Radio Service Relocation 

From the 2150–2160/62 MHz Band 

27.1176 Cost-sharing requirements for 

AWS in the 2150–2160/62 MHz 

band. 

27.1178 Administration of the CostSharing Plan. 

27.1180 The cost-sharing formula. 

27.1182 Reimbursement under the 

Cost-Sharing Plan. 

27.1184 Triggering a reimbursement 

obligation. 

27.1186 Payment issues. 

27.1188 Dispute resolution under the 

Cost-Sharing Plan. 

27.1190 Termination of cost-sharing 

obligations. 

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 (BRS) and Educational 

Broadband (EBS) services that operate 

in the 2500–2690 MHz band. 

Need: The rules specified in 47 CFR 

27.1201–27.1221 provide grandfather 

rights for certain commercial EBS 

licenses and licensees holding channel 

E and F licenses, and establish 

maximum terms for leases of EBS 

frequencies. The rules in 47 CFR 

27.1250–27.1255 establish procedures 

for relocating Broadband Radio Service 

licensees from the 2150–2160/62 MHz 

band to accommodate deployment of 

Advanced Wireless Service. The need 

for these rules is ongoing. 

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

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

and 1451. 

Section Number and Titles: 

27.1201(d) EBS eligibility. 

27.1214(e) EBS spectrum leasing 

arrangements and grandfathered 

leases. 

27.1216 Grandfathered E and F group 

EBS licenses. 

Technical Standards 

27.1221(c), (d) and (e) Interference 

protection. 

Brief Description: Part 27 contains 

service and licensing rules for 

Miscellaneous Wireless 

Communications Services. Subpart M 

contains specific rules applicable to the 

Broadband Radio (BRS) and Educational 

Broadband (EBS) services that operate 

in the 2500–2690 MHz band. 

Need: The rules in 47 CFR 27.1230– 

27.1239, including the specific 

provisions below, establish procedures 

governing the transition of the 2500– 

2690 MHz band from use by the 

Multipoint Distribution Service (MDS), 

the Multichannel Multipoint 

Distribution Service (MMDS) and the 

Instructional Television Fixed Service 

(ITFS) to use by the Broadband Radio 

Service (BRS) and the Educational 

Broadband Service (EBS). Since this 

transition has been completed, these 

rules are no longer needed. 

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

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

and 1451. 

Section Number and Titles: 

Policies Governing the Transition of 

the 2500–2690 MHz Band BRS and EBS 

27.1232(d)(3), (4) Planning the 

transition. 

27.1235(d) Post-transition notification. 

27.1236 Self-transitions. 

27.1237 Pro rata allocation of 

transition costs. 

27.1238 Eligible costs. 

27.1239 Reimbursement obligation. 

Relocation Procedures for 2150–2160/ 

62 MHz 

27.1250 Transition of the 2150–2160/ 

62 MHz band from the Broadband 

Radio Service to the Advanced 

Wireless Service. 

27.1251 Mandatory negotiations. 

27.1252 Involuntary relocation 

procedures. 

27.1253 Sunset provisions. 

27.1254 Eligibility. 

27.1255 Relocation criteria for 

Broadband Radio Service licensees 

in the 2150–2160/62 MHz band. 

PART 43—REPORTS OF 

COMMUNICATION COMMON 

CARRIERS AND CERTAIN AFFILIATES 

Brief Description: Section 43.51 

imposes on U.S. telecommunications 

carriers identified in section 43.51(b) a 

general obligation to file with the 

Commission, within 30 days of 

execution thereof, a copy of all 

contracts, agreements, concessions, 

licenses, authorizations, operating 

agreements, or other arrangements 

(including amendments) to which it is 

a party with respect to exchange of 

services, the interchange or routing of 

traffic, and matters concerning rates, 

accounting rates, divisions of tolls, or 

the basis of settlement of traffic 

balances. Section 43.51(b)(1) provides 

that the general filing rule applies to 

domestic dominant carriers. Section 

43.51(b)(2) provides that the filing rule 

applies to U.S. international carriers 

that have been classified as dominant on 

any route included in the contract (other 

than those so classified because of a 

foreign-carrier affiliation under Section 

63.10). Section 43.51(c) provides that 

contracts for domestic-only service do 

not need to be filed with the 

Commission but need to be made 

available upon reasonable request. 

Section 43.51(d) states that any U.S. 

carrier, other than a provider of 

commercial radio services, that is 

engaged in foreign communications, and 

enters into an agreement with a foreign 

carrier, is subject to the Commission’s 

authority to require the U.S. carrier 

providing service on any U.S.- 

international routes to file, on an asneeded basis, a copy of each agreement 

to which it is a party. 

Need: The general rule in section 

43.51 that carriers must file copies of 

their contracts and operating agreements 

is needed to require domestic dominant 

carriers to file their contracts and to 

address issues on the U.S.-Cuba route 

and more generally allow the 

Commission to obtain contracts for 

routes on which there is, or has been an 


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3 47 U.S.C. 214(e)(6). Section 214(e)(6) of the Act 

directs the Commission to designate carriers when 

those carriers are not subject to the jurisdiction of 

a state commission. 

allegation of, anticompetitive conduct. 

ISP Reform Order, 19 FCC Rcd 5709, 

5736 (2009). 

Legal Basis: 47 U.S.C. 154, 211, 219 

and 220. 

Section Number and Title: 

43.51 Contracts and concessions. 

PART 54—UNIVERSAL SERVICE 

Subpart A—General Information 

Brief Description: Part 54 rules 

implement section 254 of the 

Communications Act of 1934, as 

amended, concerning the Federal 

universal service program. This rule 

adopts a new definition of ‘‘rural area’’ 

for the rural health care program. 

Need: This rule establishes a 

definition that accurately defines the 

rural areas eligible for support under the 

rural health care program. 

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

154(j), 201–205, 214, 254, and 403. 

Section Number and Title: 

54.5 Terms and definitions (when 

adopted; now 54.600(b)(1) Terms 

and conditions). 

Subpart C—Carriers Eligible for 

Universal Service Support 

Brief Description: Subpart C sets forth 

the eligibility requirements to receive 

universal service support. These rules 

address the requirements for a 

telecommunications carrier to be 

designated as an ‘‘eligible 

telecommunications carrier,’’ and thus 

eligible to receive federal universal 

service support. Specifically, these rules 

comprise additional mandatory 

requirements for ETC designation 

proceedings in which the Commission 

acts pursuant to section 214(e)(6) of the 

Communications Act of 1934, as 

amended (the Act).3

Need: Application of these 

requirements allows for a more 

predictable ETC designation process 

and improve the long-term 

sustainability of the universal service 

fund. 

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

154(j), 155, 201–205, 214, 219, 254 

303(r) and 403, and 1302. 

Section Number and Title: 

54.202(a)(2) and (3), (c) and (d) (when 

adopted; now 54.202(a)(2) and (3), 

(b) and (c)) Additional 

requirements for Commission 

designation of eligible 

telecommunications carriers. 

Brief Description: These rules 

originally require each ETC over which 

the Commission has jurisdiction to 

submit annually certain information 

regarding its network and its use of 

universal service funds. In their current 

form, the rules apply to ETCs that are 

recipients of high cost support. 

Need: These rules ensure that ETCs 

continue to comply with the conditions 

of the ETC designation and that 

universal service funds are used for 

their intended purposes. 

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

154(j), 201–205, 214, 254, and 403. 

Section Number and Title: 

54.209 (a)(1)–(6) Annual reporting 

requirements for designated eligible 

telecommunications carriers (when 

adopted; now 54.313(a)(1)–(6); 

Annual reporting requirements for 

high cost recipients). 

Subpart D—Universal Support for High 

Cost Areas 

Brief Description: Subpart D sets forth 

the regulations to provide universal 

service in high cost areas. These rules 

provide that section 54.305—concerning 

sales or transfers of exchanges—does 

not apply to transfers of exchanges 

between non-rural carriers after the 

phase down of interim hold harmless 

support, and that rural carriers may 

receive safety-valve support for 

investment made in the first year of 

operating acquired exchanges. 

Need: Section 54.305(a) establishes a 

rule provision to reflect the fact that, 

after the complete phasedown of interim 

hold-harmless support, there is no need 

for section 54.305 with regard to 

transfers between non-rural carriers. 

Sections 54.305(d)(1) and (2) provide 

incentives for carriers not to delay first 

year investment in order to provide 

more safety valve support in later years. 

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

154(j), 214, 218–220, 254 and 405. 

Section Number and Title: 

54.305(a), (d)(1) and (2) Sale or 

transfer of exchanges. 

Brief Description: These rules 

condition newly designated ETCs’ 

eligibility for support upon the filing by 

the ETC of line-count data within 60 

days of the carrier’s ETC designation. 

Thereafter, the rules require the filing of 

data on a quarterly basis. 

Need: These requirements enable 

customers of newly designated ETCs to 

begin to receive the benefits of universal 

service support as of the ETC’s 

designation date and ensure that ETCs 

continue to comply with the conditions 

of the ETC designation and that 

universal service funds are used for 

their intended purposes. This rule is 

needed on an ongoing basis to provide 

a deadline for a newly designated 

competitive eligible 

telecommunications carrier to submit 

data required to receive universal 

service support. Other subsections of 

Section 54.307 require such a carrier to 

file the necessary data on a quarterly 

basis thereafter. 

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

154(j), 155, 201–205, 214, 219, 220, 254, 

303(r), 403, and 1302. 

Section Number and Title: 

54.307(d) Support to a competitive 

eligible telecommunications carrier. 

Subpart F—Universal Support for 

Schools and Libraries 

Brief Description: These rules 

establish the matters to which 

applicants to the Universal Service Erate program must certify in FCC Form 

471 in order to have their applications 

considered and the certifications that 

service providers must make in FCC 

form 473 as a condition of support. 

Need: These rules create certainty as 

to the criteria to which applicants must 

certify when completing Form 471 and 

serve to emphasize to potential service 

providers that practices that thwart the 

competitive bidding process will not be 

tolerated. 

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

154(j), 201–205, 214, 254, and 403. 

Section Number and Title: 

54.504(c)(1)(i)–(iii), (vi)–(xi) (now 

54.504(a)(1)(i)–(ix); 54.504(h) (when 

adopted; now 54.504(f)) Requests 

for services. 

Subpart G—Universal Support for 

Health Care Providers 

Brief Description: Subpart G sets forth 

the regulations for eligible health care 

providers to receive universal service 

support. This rule allows mobile rural 

health care providers to receive 

discounts for satellite services 

calculated by comparing the rate for the 

satellite service to the rate for an urban 

wireline serviced with a similar 

bandwidth. 

Need: This rule provides the support 

necessary to make mobile telemedicine 

economical for rural health care 

providers to provide high-quality health 

care to rural and remote areas. This rule 

is needed on an ongoing basis to 

calculate the support amount for mobile 

rural health care providers under the 

universal service support rules. 

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

154(j), 155, 201–205, 214, 219, 220, 254, 

303(r), 403, and 1302. 

Section Number and Title: 

54.609(e) Calculating support. 

Brief Description: This rule requires 

providers of mobile health services to 


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maintain records for their purchases of 

supported services for at least five years 

sufficient to document their compliance 

with all Commission requirements. 

Need: These rules further the 

Commission’s efforts to improve its 

oversight of the operation of the rural 

health care program to ensure that the 

statutory goals of section 254 of the 

Telecommunications Act of 1996 are 

met. 

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

154(j), 201–205, 214, 254, and 403. 

Section Number and Title: 

54.619(a)(1) and (2) Audits and 

recordkeeping. 

Subpart H—Administration 

Brief Description: Subpart H sets forth 

the regulations, functions, and 

responsibilities for the Administrator of 

the universal support mechanisms. 

These rules require interconnected 

voice over internet Protocol (VoIP) 

providers to contribute to the universal 

service fund. 

Need: These rules help ensure the 

stability and sustainability of the 

Universal Service Fund. This rule is 

needed on an ongoing basis to 

determine which entities are considered 

telecommunications carriers providing 

interstate telecommunications service 

and therefore are required to contribute 

to the universal service support 

mechanisms. 

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

154(j), 155, 201–205, 214, 219, 220, 254, 

303(r), 403, and 1302. 

Section Number and Title: 

54.706(a)(18), (19) Contributions. 

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: The Part 63 rules 

set forth definitions, requirements, and 

conditions applicable to international 

Section 214 applications and 

authorizations to provide global 

facilities-based and global resale 

services, as well as provisions regarding 

requests for designation as a recognized 

private operating agency. The rules 

pertain to the regulatory classification of 

U.S. international carriers; notification 

and prior approval requirements for 

U.S. international carriers that are or 

propose to become affiliated with a 

foreign carrier; procedures for 

processing international Section 214 

applications; special provisions for U.S. 

international common carriers; contents 

of applications for international 

common carriers; special procedures for 

discontinuances of international 

services; special provisions relating to 

temporary or emergency service by 

international carriers; and related 

issues. The rules also require carriers to 

file all notifications and other filings 

electronically through the International 

Bureau Filing System (IBFS). 

Need: These rules are needed to 

provide the framework applicable to 

international Section 214 authorizations 

and establish the general applications, 

procedures, conditions and restrictions 

to ensure that carriers and affiliates 

providing services on international 

routes meet statutory requirements for 

designated global facilities-based and 

resale 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: 

63.09, Note 2 Definitions applicable to 

international Section 214 

authorizations. 

63.10(d), (e) Regulatory classification 

of U.S. international carriers. 

63.11(d), (g)–(j) Notification by and 

prior approval for U.S. international 

carriers that are or propose to 

become affiliated with a foreign 

carrier. 

63.12(c)(3) Processing of international 

Section 214 applications. 

63.14(c) Prohibition on agreeing to 

accept special concessions. 

63.17(b) introductory text, (b)(1)–(2), 

(b)(4) Special provisions for U.S. 

international common carriers. 

63.18 introductory text, (e)(3), (g), Note 

to paragraph (h), (q) Contents of 

applications for international 

common carriers. 

63.19, (d) Special procedures for 

discontinuances of international 

services. 

63.20(a) Electronic filing, copies 

required; fees; and filing periods for 

international service providers. 

63.21(a), (h)–(j) Conditions applicable 

to all international Section 214 

authorizations. 

63.22(a)–(c), (e)–(f) Facilities-based 

international common carriers. 

63.23(a)–(b), (d) Resale-based 

international common carriers. 

63.24, (e)(4), (f)(2)–(3), (h)

Assignments and transfers of 

control. 

63.25(b), (c) introductory text, (d)(2), (e)

Special provisions relating to 

temporary or emergency service by 

international carriers. 

63.51, (c) Additional information. 

63.53(a)(1)–(2), (b)–(c) Form. 

63.60(d) (currently (g)) Definitions. 

63.701 introductory text, (j) Contents 

of application. 

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 that 

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 2005, the rules 

were amended by adding subsection 

(b)(2)(iii) to section 64.604, requiring 

Video Relay Service (VRS) providers to 

comply with speed of answer 

requirements to be eligible for 

compensation from the TRS Fund. 

Section 64.604 also was amended by 

adding subsection (c)(5)(iii)(F)(4) (which 

has been redesignated as 

64.604(c)(5)(iii)(F)(2)), requiring 

internet-based TRS providers (e.g., VRS 

and internet Protocol (IP) Relay 

providers) to be certified by the 

Commission pursuant to section 64.605 

(which has been redesignated as 64.606) 

to be eligible for compensation from the 

TRS Fund. 

Need: The rules are intended to 

facilitate communication by persons 

with hearing or speech disabilities by 


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ensuring that interstate and intrastate 

TRS are available throughout the 

country, and by ensuring uniform 

minimum functional, operational, and 

technical standards for TRS programs. 

The rules 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. 

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

225. 

Section Number and Titles: 

64.604(b)(2)(iii) Technical standards, 

Speed of answer, Speed of answer 

requirements for VRS providers. 

64.604(c)(5)(iii)(F)(2) Functional 

standards, Jurisdictional separation 

of costs, Telecommunications Relay 

Services Fund, Eligibility for 

payment from the TRS Fund. 

Subpart L—Restrictions on 

Telemarketing, Telephone Solicitation, 

and Facsimile Advertising 

Brief Description: The Telephone 

Consumer Protection Act (TCPA) was 

enacted to address certain telemarketing 

practices, including calls to wireless 

telephone numbers, which Congress 

found to be an invasion of consumer 

privacy and even a risk to public safety. 

In the TCPA, Congress created a balance 

between individual privacy rights and 

legitimate telemarketing practices. The 

Commission crafted rules in 1992 to 

achieve this balance. Subsequently, the 

Commission has revised and amended 

the rules that it adopted in 1992 

pursuant to the TCPA, including the 

establishment of a national do-not-call 

list to carry out Congress’ TCPA 

directives. In 2004, section 64.1200(a)(1) 

was amended to add subsection (iv), 

establishing a limited safe harbor period 

from the prohibition on autodialed or 

prerecorded or artificial voice calls to 

wireless numbers when such calls are 

made to numbers that have been ported 

from wireline service to wireless service 

within the previous 15 days and are 

voice calls, provided the numbers are 

not already on the national do-not-call 

registry or the caller’s company-specific 

do-not-call list. 

Need: Section 64.1200(a)(1)(iv) strikes 

an appropriate balance between 

maximizing consumer privacy 

protections and avoiding the imposition 

of undue burdens on telemarketers and 

other callers by providing a limited time 

period necessary for persons, including 

small businesses, to identify numbers 

that have been ported from wireline to 

wireless service and, therefore, allow 

callers to comply with the TCPA. 

Legal Basis: 47 U.S.C. 151–154, 227, 

and 303(r). 

Section Number and Title: 

64.1200(a)(1)(iv) Delivery restrictions. 

Subpart X—Subscriber List 

Information 

Brief Description: These rules allow 

carriers to redact portions of requested 

contracts that are wholly unrelated to 

the carrier’s provision of subscriber list 

information and allow carriers to subject 

their disclosure of subscriber list 

information contracts to confidentiality 

agreements that limit access to and use 

of the information to the purpose of 

determining the rates, terms and 

conditions under which a carrier 

provides subscriber list information to 

its own directory publishing operations. 

Need: These rules ensure that any 

disclosure of subscriber list information 

contracts will not unfairly disadvantage 

carriers or their directory publishing 

operations. 

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

secs. 403(b)(2)(B), (c), Public Law 104– 

104, 110 Stat. 56. Interpret or apply 47 

U.S.C. 201, 218, 222, 225, 226, 228, and 

254(k). 

Section Number and Title: 

64.2341(d) and (e) Recordkeeping. 

Subpart CC—Customer Account 

Record Exchange Requirements 

Brief Description: The rules in Part 64, 

Subpart CC were issued pursuant to the 

Communications Act of 1934, as 

amended, to facilitate the exchange of 

customer account information between 

local exchange carriers (LECs) and 

interexchange carriers (IXCs) and to 

establish carriers’ responsibilities with 

respect to such exchanges. 

Need: The rules help to ensure that 

consumers’ phone service bills are 

accurate and that their carrier selection 

requests are honored and executed 

without undue delay. These 

requirements also recognize a carrier’s 

right to be compensated for the services 

it provides by ensuring that providers of 

long distance phone services receive 

proper notification when customers are 

placed on their networks. 

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

222, and 258. 

Section Number and Titles: 

64.4000 Basis and purpose. 

64.4001 Definitions. 

64.4002 Notification obligations of 

LECs. 

64.4003 Notification obligations of 

IXCs. 

64.4004 Timeliness of required 

notifications. 

64.4005 Unreasonable terms or 

conditions on the provision of 

customer account information. 

64.4006 Limitations on use of 

customer account information. 

Subpart DD—Prepaid Calling Card 

Providers 

Brief Description: These rules 

establish definitions for ‘‘prepaid calling 

card’’ and ‘‘prepaid card providers’’ and 

reporting and certification requirements 

for prepaid calling card providers. The 

rules include prepaid calling card 

providers among the entities required to 

contribute to the universal service fund, 

and create an exemption for revenues 

derived from prepaid calling cards sold 

by, to, or pursuant to contract with the 

Department of Defense or a DoD entity. 

Need: These rules provide regulatory 

certainty and ensure compliance with 

the Commission’s access charge and 

USF contribution requirements. 

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

secs. 403(b)(2)(B), (c), Public Law 104– 

104, 110 Stat. 56. Interpret or apply 47 

U.S.C. 201, 218, 222, 225, 226, 228, and 

254(k). 

Section Number and Titles: 

64.5000 Definitions. 

64.5001 Reporting and certification 

requirements. 

PART 73—RADIO BROADCAST 

SERVICES 

Subpart E—Television Broadcast 

Stations 

Brief Description: This rule provides 

guidance on how the Commission will 

determine whether TV broadcast 

stations are in compliance with the 

Children’s Television Act. They were 

adopted collectively by the Commission 

to modernize its rules implementing the 

Act in light of the Digital TV Transition 

(Children’s Television Obligations of 

Digital Television Broadcasters, Report 

and Order and Further Notice of 

Proposed Rulemaking, FCC 04–221). 

Need: These rules are necessary 

because they provide licensees of analog 

and digital stations with explicit 

guidance on meeting their obligations 

under the Children’s Television Act. 

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

310, 334, 336, and 339. 

Section Number and Titles: 

73.671(c)(7), (d), (e) (73.671(f)— 

removed) Educational and 

informational programming for 

children. 

Brief Description: This rule provides 

an exception for satellite carriers from 

certain verification requirements. It was 

adopted by the Commission as part of 


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implementing the Satellite Home 

Viewer Extension and Reauthorization 

Act of 2004 (Implementation of the 

Satellite Home Viewer Extension and 

Reauthorization Act of 2004, 

Implementation of Section 340 of the 

Communications Act, Order, FCC 05– 

81). 

Need: This rule is necessary because 

it provides regulatory relief for certain 

satellite carriers. 

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

310, 334, 336, and 339. 

Section Number and Title: 

73.683(f) Field strength contours and 

presumptive determination of field 

strength at individual locations. 

Subpart F—International Broadcast 

Stations 

Brief Description: These rules provide 

frequency assignments and technical 

standards for certain international 

broadcasting stations. They were 

collectively adopted by the Commission 

to implement decisions from the World 

Radiocommunication Conference held 

in 2003 (Amendment of Parts 2, 25, and 

73 of the Commission’s Rules to 

Implement Decisions from the World 

Radiocommunication Conference 

(Geneva, 2003) (WRC–03) Concerning 

Frequency Bands Between 5900 khz and 

27.5 ghz and to Otherwise Update The 

Rules in this Frequency Range, Report 

and Order, FCC 05–70). 

Need: These rules are necessary for 

the operation of international broadcast 

stations and compliance with 

international agreements. 

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

310, 334, 336, and 339. 

Section Number and Titles: 

73.702(g), (h) Assignment and use of 

frequencies. (73.702(g)—reserved, 

not in use) 

73.702(f), (g)–(k) redesignated as (i)– 

(m); new (h) Assignment and use 

of frequencies. 

73.757 System specifications for 

single-sideband (SSB) modulated 

emissions in the HF broadcasting 

service. 

73.758 System specifications for 

digitally modulated emissions in 

the HF broadcasting service. 

Subpart J—Class A Television 

Broadcast Stations 

Brief Description: These rules provide 

technical standards and interference 

protection requirements for Class A TV 

stations. They were collectively adopted 

when the Commission established 

digital LPTV and digital translator 

stations as part of the Digital TV 

Transition (Amendment of Part 73 and 

Part 74 of the Commission’s Rules to 

Establish Rules for Digital Low Power 

Television, Television Translator, and 

Television Booster Stations to Amend 

Rules for Digital Class A Television 

Stations, Report and Order, FCC 04– 

220). 

Need: These rules are necessary to 

maintain localism and implement other 

Class A TV station rules. 

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

310, 334, 336, and 339. 

Section Number and Titles: 

73.6000(2) Definitions. 

73.6024(d) Transmission standards 

and system requirements. 

73.6027 Class A TV notifications 

concerning interference to radio 

astronomy, research and receiving 

installations. 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

Subpart G—Low Power TV, TV 

Translator, and TV Booster Stations 

Brief Description: These rules provide 

legal requirements and technical 

standards for digital low power TV 

(LPTV) stations, digital translator TV 

stations, and digital Class A TV stations. 

They were collectively adopted when 

the Commission established digital 

LPTV and digital translator stations as 

part of the Digital TV Transition 

(Amendment of Part 73 and Part 74 of 

the Commission’s Rules to Establish 

Rules for Digital Low Power Television, 

Television Translator, and Television 

Booster Stations to Amend Rules for 

Digital Class A Television Stations, 

Report and Order, FCC 04–220). 

Need: These rules are necessary for 

the licensing and operation of digital 

LPTV and digital translator stations, to 

protect the integrity of these stations, 

and to ensure that these stations do not 

cause harmful interference to other 

authorized services. 

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

307, 336 and 554. 

Section Number and Titles: 

74.701(j)–(p) Definitions. 

74.703(f), (g) Interference. 

74.710 Digital low power TV and TV 

translator station protection. 

74.786 Digital channel assignments. 

74.787 Digital licensing. 

74.788 Digital construction period. 

74.789 Broadcast regulations 

applicable to digital low power 

television and television translator 

stations. 

74.790 Permissible service of digital 

TV translator and LPTV stations. 

74.791 Digital call signs. 

74.792 Digital low power TV and TV 

translator station protected contour. 

74.793 Digital low power TV and TV 

translator station protection of 

broadcast stations. 

74.794 Digital emissions. 

74.795 Digital low power TV and TV 

translator transmission system 

facilities. 

74.796 Modification of digital 

transmission systems and analog 

transmission systems for digital 

operation. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

Subpart D—Carriage of Television 

Broadcast Signals 

Brief Description: These rules address 

obligations of and restrictions on 

satellite carriers retransmitting certain 

television broadcast signals, and 

provide guidance for television 

broadcast stations choosing between 

retransmission consent and mandatory 

carriage of significantly viewed signals. 

They were collectively adopted by the 

Commission as part of implementing the 

Satellite Home Viewer Extension and 

Reauthorization Act of 2004 

(Implementation of the Satellite Home 

Viewer Extension and Reauthorization 

Act of 2004, Implementation of Section 

340 of the Communications Act, Order, 

FCC 05–81; Report and Order, FCC 05– 

187). 

Need: These rules are necessary for 

carrying out the Congressional mandate 

of the Satellite Home Viewer Extension 

and Reauthorization Act of 2004. 

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, 

573. 

Section Number and Titles: 

76.5(gg) Definitions. 

76.54(e)–(k) Significantly viewed 

signals; method to be followed for 

special showings. 

76.66(d)(5) Satellite broadcast signal 

carriage. 

76.66(d)(2)(iii) 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 (Children’s 

Television Obligations of Digital 


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Television Broadcasters, Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 04–221). 

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, 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, 

573. 

Section Number and Title: 

76.225(c)–(d) Commercial limits in 

children’s programs. 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

Subpart H—Frequencies 

Brief Description: The Part 80 rules 

set forth the conditions under which 

portions of the radio spectrum are made 

available and licensed for stations in the 

maritime services. Subpart H describes 

the carrier frequencies and general uses 

of radiotelegraphy for distress, urgency, 

safety, call and reply, digital selective 

calling, narrow-band direct printing, 

and facsimile for stations within the 

maritime services. 

Need: This rule designates VHF 

maritime Channels 87B (161.975 MHz) 

and 88B (162.025 MHz) for Automatic 

Identification Systems (AIS). The 

designation of Channels 87B and 88B 

for AIS in the United States is consistent 

with the establishment of a seamless 

global AIS framework, and facilitates 

the broad, efficient and effective 

implementation of AIS in U.S. territorial 

waters. The intended effect is to 

maximize the benefits of AIS for United 

States homeland security and maritime 

safety. The need for this rule is ongoing. 

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

309 and 332. 

Section Number and Title: 

80.393 Frequencies for AIS stations. 

(Revised 2009) 

PART 87—AVIATION SERVICES 

Subpart D—Technical Requirements 

Brief Description: The Part 87 rules 

set forth the conditions under which 

radio stations may be licensed and used 

in the aviation services. Subpart D rules 

provide the technical requirements for 

such radio stations. 

Need: The technical requirements are 

needed on an ongoing basis to protect 

the safety of life and property in air 

navigation and must be periodically 

updated to reflect technological 

advancements in the aviation industry 

and maximize spectral efficiency while 

important safeguards against 

interference. 

Legal Basis: 7 U.S.C. 154, 303 and 

307(e), unless otherwise noted. 

Section Number and Titles: 

87.139(l) Emission limitations. 

87.141(k) Modulation requirements. 

Subpart F—Aircraft Stations 

Brief Description: Part 87 contains the 

Commission rules governing aviation 

services. Subpart F sets forth the rules 

governing assignment of frequencies in 

those services. 

Need: This rule authorizes Universal 

Access Transceiver data transmission on 

978 MHz. The need for this rule is 

ongoing. 

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

307(e). 

Section Number and Title: 

87.187(ff) Frequencies. 

Subpart L—Aeronautical Utility Mobile 

Stations 

Brief Description: Part 87 contains the 

Commission rules governing aviation 

services. Subpart L sets forth the rules 

governing aeronautical utility mobile 

stations. 

Need: Rules 87.345(f) and 87.349(e) 

authorize transmissions for Universal 

Access Transceiver service. The need 

for these rules is ongoing. 

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

307(e), unless otherwise noted. 

Section Number and Titles: 

87.345(f) Scope of service. 

87.349(e) Frequencies. 

Subpart Q—Stations in the 

Radiodetermination Service 

Brief Description: Part 87 contains the 

Commission rules governing aviation 

services. Subpart Q sets forth the rules 

governing station in the 

Radiodetermination Service. 

Need: This rule assigns the 

frequencies for airborne electronic aids 

to air navigations and associated land 

stations. The need for this rule is 

ongoing. 

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

307(e). 

Section Number and Title: 

87.475(b)(9) Frequencies. 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

Subpart C—Industrial/Business Radio 

Pool 

Brief Description: Section 90.35(c)(90) 

set dates for FCC cessation of certain 

licenses in specific bands. 

Need: This rule provision was enacted 

to transition Private Land Mobile Radio 

Services below 800 MHz to reflect 

changes in the international allocations, 

including consolidation of the services 

that distribute assignments between 

low-use and high-use groups more 

evenly, facilitates advanced 

technologies, and provides more 

efficiency and flexibility in spectrum 

use. The need for this rule is ongoing, 

insofar as it is a limitation on the 2000– 

25,000 kHz band in the I/B Frequency 

Pool in 90.35(b)(3). 

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

and 332. 

Section Number and Title: 

90.35 Industrial/Business Pool. 

Subpart H—Policies Governing the 

Assignment of Frequencies 

Brief Description: The addition of 

Section 90.175 clarified frequency 

coordinator requirements for 

applications for a new frequency 

assignment, a change in existing 

facilities, or operation at temporary 

locations, while excluding a certain 

number of categories from the 

requirements. In general, the rule 

requires applicants to provide all 

appropriate technical information, 

system requirements, and justification 

for requested station parameters, and 

clarifies that applicants bear the burden 

of proceeding and the burden of proof 

when requesting that the Commission 

overturn a coordinator’s 

recommendation. 

Need: This rule provision retained the 

frequency coordination requirement for 

incumbent licensees operating on 800 

MHz General Category frequencies, and 

for site-based 800 MHz General Category 

applications filed after 800 MHz 

rebanding. The rule is part of a 

streamlining and harmonization of 

licensing provisions in the wireless 

radio services (WRS). The need for this 

rule is ongoing. 

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

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

Section Number and Title: 

90.175 Frequency coordinator 

requirements. 


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Subpart I—General Technical 

Standards 

Brief Description: Part 90 contains 

service and licensing rules used in the 

Private Land Mobile Radio Services. 

Subpart I sets forth the general technical 

requirements for use of frequencies and 

equipment in the radio services 

governed by Part 90. 

Need: The revised rules establish the 

general technical rules for Part 90 

licensees. The need for these rules is 

ongoing. 

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

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

Section Number and Titles: 

90.203(o) Certification required. 

90.210(m) Emission masks. 

90.217(e) Exemption from technical 

standards. 

Subpart K—Standards for Special 

Frequencies or Frequency Bands 

Brief Description: Section 90.265 

made additional frequencies available to 

a combination of Public Safety Pool and 

Industrial/Business Pool licenses in the 

bands allocated for Federal use, 

including forest firefighting and 

conservation activities, Medical 

Radiocommunication Systems, and 

other public safety activities. It also 

added interference complaint 

procedures involving the Hydro 

Committee referenced in the rule part 

concerning hydrological or 

meteorological data. 

Need: The rule additions generally 

expanded the availability of frequencies 

while clarifying the interference 

complaint procedures to protect them. 

The need for this rule is ongoing. 

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

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

Section Number and Title: 

90.265(a)(5–9), (c), (d), (e) Assignment 

and use of frequencies in the bands 

allocated for Federal use. 

Subpart S—Regulations Governing 

Licensing and Use of Frequencies in 

the 806–824, 851–869, 896–901, and 

935–940 MHz Bands 

Brief Description: Part 90 states the 

conditions under which 

radiocommunications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, 

Radiolocations Radio Services, and 

Commercial Mobile Radio Services. 

Subpart S sets forth the rules governing 

the licensing and use of frequencies in 

the 806–824 MHz, 851–869 MHz, 896– 

901 MHz, and 935–940 MHz Bands. 

Need: This rule requires Economic 

Areas (EA) licensees operating on 

certain channels to construct an 

Enhanced Specialized Mobile Radio 

(ESMR) system by the license expiration 

date to promote efficient use of 

spectrum. This is an ongoing need. 

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

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

Section Number and Title: 

90.685(e) Authorization, construction 

and implementation of EA licenses. 

Subpart Z—Wireless Broadband 

Services in the 3650–3700 MHz Band 

Brief Description: Part 90 contains 

service and licensing rules used in the 

Public Safety, Industrial/Business Radio 

Pool, and Radiolocation Radio Services. 

Subpart Z contains rules that govern 

broadband operations in the 3650–3700 

MHz. 

Need: The revised rules establish the 

service and licensing rules for 

broadband operations in the 3650–3700 

MHz band. The need for these rules is 

ongoing. 

Legal Basis: 47 U.S.C. 310. 

Section Number and Titles: 

90.1301 Scope. 

90.1303 Eligibility. 

90.1305 Permissible operations. 

90.1307 Licensing. 

90.1309 Regulatory status. 

90.1311 License term. 

90.1312 Assignment and transfer. 

90.1319 Policies governing the use of 

the 3650–3700 MHz band. 

90.1321 Power and antenna limits. 

90.1323 Emission limits. 

90.1331 Restrictions on the operation 

of base and fixed stations. 

90.1333 Restrictions on the operation 

of mobile and portable stations. 

90.1335 RF safety. 

90.1337 Operation near Canadian and 

Mexican borders. 

PART 97—AMATEUR RADIO SERVICE 

Subpart B—Station Operations 

Standards 

Brief Description: Part 97 contains the 

Commission rules relating to amateur 

radio services. Subpart B sets forth 

station operation standards for amateur 

radio services. 

Need: 97.111(a)(2) is needed on an 

ongoing basis to ensure that reliable 

communications are available during 

emergencies. 97.115(c) is needed to 

permit transmission of data on behalf of 

a third party. 

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

U.S.C. 151–155 and 301–609. 

Section Number and Titles: 

97.111(a)(2) Authorized transmissions. 

97.115(c) Third party 

communications. 

Subpart D—Technical Standards 

Brief Description: The Part 97 rules 

set forth the conditions under which 

portions of the radio spectrum are made 

available and licensed for amateur radio 

service. Subpart D outlines technical 

standards for the frequency bands 

available to amateur stations. 

Need: 97.303(t) is a restatement of old 

97.303(p) to clarify that amateur 

operations must protect Federal and 

foreign operations in the 23 mm band. 

The need for this rule is ongoing. 

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

Section Number and Title: 

97.303(t) Frequency sharing 

requirements. (Revised 2010) 

PART 101—FIXED MICROWAVE 

SERVICES 

Subpart B—Applications and Licenses 

Brief Description: Part 101 prescribes 

the manner in which portions of the 

radio spectrum may be made available 

for private operational, common carrier, 

24 GHz Service, Local Multipoint 

Distribution Service, and fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart B governs 

application, licensing and transition of 

microwave licenses under Part 101. 

Need: The revised rules are related to 

requirements for constructing or 

relocating certain microwave stations 

(except Multichannel Video Distribution 

and Data Service, Local Multipoint 

Distribution Service, and the 24 GHz 

Service) under Part 101. Section 

101.63(g) provides a streamlined 

process for MVPDs converting from 

analog to digital modulation to 

minimize duplicative costs associated 

with the coordination and licensing 

process, which is an ongoing 

requirement. Though section 101.69(g) 

is no longer needed for relocating the 

1850–1990 and 2110–2150 bands, it 

governs the relocation of fixed 

microwave services in the 2160–2200 

MHz band, which is an ongoing 

requirement for AWS–3 and AWS–4 

licensees. The need for these rules is 

ongoing. 

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

Section Number and Titles: 

101.63(g) Period of construction; 

certification of completion of 

construction. 

101.69(g) Transition of the 1850–1990 

MHz, 2110–2150 MHz and 2160– 

2200 MHz band from the fixed 

microwave services to personal 

communications services and 

emerging technologies. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules 36861 

1The Department of Transportation first proposed 

class location regulations on March 24, 1970 (35 FR 

5012). The proposal was part of a series of NPRMs 

published in response to the Natural Gas Pipeline 

Safety Act of 1968 (Pub. L. 90–481). The NPRMs 

were directed at developing a comprehensive 

system of Federal safety standards for gas pipeline 

facilities and for the transportation of gas through 

such pipelines. The class location rulemaking was 

finalized on August 19, 1970, as part of a 

consolidated rulemaking establishing the first 

minimum Federal safety standards for the 

transportation of natural gas by pipelines (35 FR 

13248). 

2 35 FR 13248. 

Subpart C—Technical Standards 

Brief Description: Part 101 prescribes 

the manner in which portions of the 

radio spectrum may be made available 

for private operational, common carrier, 

24 GHz Service, Local Multipoint 

Distribution Service, and fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart C sets 

forth technical standards for 

applications and licenses in the Fixed 

Microwave Services. 

Need: The revised rules provide the 

interference protection criteria for fixed 

stations subject to part 101 and requires 

that transmitters used in the private 

operational fixed and common carrier 

fixed point-to-point microwave and 

point-to-multipoint services under this 

part must be a type that has been 

verified for compliance. The need for 

these rules is ongoing. 

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

Section Number and Titles: 

101.105(a)(5) and (6) Interference 

protection criteria. 

101.139(h) and (i) Authorization of 

transmitters. 

[FR Doc. 2018–16282 Filed 7–30–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket ID: PHMSA–2017–0151] 

RIN 2137–AF29 

Pipeline Safety: Class Location 

Change Requirements 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: PHMSA is seeking public 

comment on its existing class location 

requirements for natural gas 

transmission pipelines as they pertain to 

actions operators are required to take 

following class location changes due to 

population growth near the pipeline. 

Operators have suggested that 

performing integrity management 

measures on pipelines where class 

locations have changed due to 

population increases would be an 

equally safe but less costly alternative to 

the current requirements of either 

reducing pressure, pressure testing, or 

replacing pipe. This request for public 

comment continues a line of discussion 

from a Notice of Inquiry published in 

2013 and a report to Congress in 2016 

regarding whether expanding integrity 

management requirements would 

mitigate the need for class location 

requirements. 

DATES: Persons interested in submitting 

written comments on this ANPRM must 

do so by October 1, 2018. 

ADDRESSES: You may submit comments 

identified by the Docket: PHMSA–2017– 

0151 by any of the following methods: 

E-Gov website: https://

www.regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. Follow the online instructions 

for submitting comments. 

Fax: 1–202–493–2251. 

Mail: Hand Delivery: U.S. DOT Docket 

Management System, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 between 9:00 a.m. and 5:00 

p.m., Monday through Friday, except 

Federal holidays. 

Instructions: Identify the Docket ID at 

the beginning of your comments. If you 

submit your comments by mail, submit 

two copies. If you wish to receive 

confirmation that PHMSA has received 

your comments, include a selfaddressed stamped postcard. Internet 

users may submit comments at https:// 

www.regulations.gov/. 

Note: Comments are posted without 

changes or edits to https://

www.regulations.gov, including any 

personal information provided. There is 

a privacy statement published on 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Technical questions: Steve Nanney, 

Project Manager, by telephone at 713– 

272–2855 or by email at steve.nanney@

dot.gov. 

General information: Robert Jagger, 

Technical Writer, by telephone at 202– 

366–4361 or by email at robert.jagger@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Outline of This Document 

I. Class Location History and Purpose 

A. Class Location Determinations 

B. Class Location—‘‘Cluster Rule’’ 

Adjustments 

II. Changes in Class Location Due to 

Population Growth 

III. Class Location Change Special Permits 

A. Special Permit Conditions 

IV. Pipeline Safety, Regulatory Certainty, and 

Job Creation Act of 2011—Section 5 

A. 2013 Notice of Inquiry: Class Location 

Requirements 

B. 2014 Pipeline Advisory Committee 

Meeting, Class Location Workshop, and 

Subsequent Comments 

C. 2016 Class Location Report 

V. INGAA Submission on Regulatory 

Reform—Proposal To Perform IM 

Measures In-Lieu of Pipe Replacement 

When Class Locations Change 

VI. Questions for Consideration 

VII. Regulatory Notices 

Background 

I. Class Location History and Purpose 

The class location concept pre-dates 

Federal regulation of gas transmission 

pipelines 1 and was an early method of 

differentiating areas and risks along 

natural gas pipelines based on the 

potential consequences of a 

hypothetical pipeline failure. Class 

location designations were previously 

included in the American Standards 

Association B31.8–1968 version of the 

‘‘Gas Transmission and Distribution 

Pipeline Systems’’ standard, which 

eventually became the American 

Society of Mechanical Engineers 

(ASME) International Standard, ASME 

B31.8 ‘‘Gas Transmission and 

Distribution Pipeline Systems.’’ The 

class location definitions incorporated 

into title 49, Code of Federal 

Regulations (CFR) § 192.5 were initially 

derived from the designations in this 

standard and were first codified on 

April 19, 1970.2 These definitions were 

like the original ASME B31.8 definitions 

for Class 1 through 3 locations but 

added an additional Class 4 definition 

and, with some modifications, still 

apply today. 

Gas transmission pipelines are 

divided into classes from 1 (rural areas) 

to 4 (densely populated, high-rise areas) 

that are based on the number of 

buildings or dwellings for human 

occupancy in the area. This concept is 

to provide safety to people from the 

effects of a high-pressure natural gas 

pipeline leak or rupture that could 

explode or catch on fire. PHMSA uses 

class locations in 49 CFR part 192 to 

implement a graded approach in many 

areas that provides more conservative 

safety margins and more stringent safety 

standards commensurate with the 

potential consequences based on 

population density near the pipeline. 

When crafting the natural gas 


daltland on DSKBBV9HB2PROD with PROPOSALS