[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Proposed Rules]
[Pages 57798-57799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24643]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[WT Docket No. 97-112, CC Docket No. 90-6, FCC 97-110]


Cellular Service and Other Commercial Mobile Radio Service in the 
Gulf of Mexico

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; correction.

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SUMMARY: On April 25, 2000 (65 FR 24168), the Commission published 
proposed rules in the Second Further Notice, which proposed changes to 
its cellular service rules for the Gulf of Mexico Service Area 
(``GMSA'') and proposed licensing and service rules for operations in 
the Gulf of Mexico by other commercial mobile radio service providers. 
This document corrects the Federal Register as it appeared.

DATES: Comments on the Regulatory Flexibility Analysis are due October 
26, 2000. Reply comments are due November 13, 2000.

ADDRESSES: All comments and reply comments may be filed with Magalie 
Roman Salas, Office of the Secretary, TW-A306, Federal Communications 
Commission, 445 12th Street, SW, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Davida Grant, Commercial Wireless 
Division, (202) 418-7050.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission 
published a document proposing to amend part 22 of the Commission's 
rules in the Federal Register on April 25, 2000 (65 FR 24168). The 
Commission inadvertently omitted to include the Regulatory Flexibility 
Analysis and comment dates for the Regulatory Flexibility Analysis. 
This document corrects the Federal Register as it appeared. In FR Doc. 
00-10221, published on April 25, 2000, 65 FR 24168, the Commission is 
adding the Regulatory Flexibility Analysis immediately preceding the 
Paperwork Reduction Act on page 24169, in column one.

Electronic and Paper Filing

    Comments and reply comments may be filed with the FCC using the 
Commission's Electronic Comment Filing System (``ECFS'') or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24,121 (1998). Parties may also submit an electronic 
comment by Internet e-mail. Parties who choose to file by paper must 
file an original and four copies of each filing. If you want each 
Commissioner to receive a copy of your comments, you must file an 
original plus eleven copies. All filings must be sent to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
TW-A306, Federal Communications Commission, 445 12th Street, S.W., 
Washington, D.C. 20554.
    Parties who choose to file by paper should also submit their 
comments on diskette. A 3.5-inch diskette formatted in an IBM 
compatible format using Microsoft Word for Windows or compatible 
software Diskettes should be submitted to: Davida Grant, Federal 
Communications Commission, Wireless Telecommunications Bureau, 445 12th 
Street, S.W., Room 4-C241, Washington, D.C. 20554. The diskette should 
be accompanied by a cover letter and should be submitted in ``read 
only'' mode. The diskette should be clearly labeled with the 
commenter's name, proceeding (including the docket number in this 
case--WT Docket No. 97-112, CC Docket No. 90-6), type of pleading 
(comments or reply comments), date of submission, and the name of the 
electronic file on the diskette. The label also should include the 
following phrase, ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, preferably in a single electronic 
file. In addition, commenters must send diskette copies to the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, N.W., Washington, D.C. 20036.

[[Page 57799]]

    In FR Doc. 00-10221 published on April 25, 2000 (65 FR 24168) add 
the following information.

Regulatory Flexibility Act

    As required by Section 603 of the Regulatory Flexibility Act, the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(``IRFA'') of the expected impact on small entities of the policies and 
rules proposed in this Second Further Notice of Proposed Rule Making. 
Written public comments are requested on the IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments on the Second Further Notice of Proposed Rule Making 
provided above in section V(D). The Secretary shall send a copy of this 
Notice, including the IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration in accordance with paragraph 603(a) of 
the Regulatory Flexibility Act.
    Reason for Action: In order to reexamine our cellular service rules 
as they apply to the Gulf of Mexico Service Area (``GMSA'') we 
initiated this rulemaking proceeding. Since the establishment of the 
GMSA, conflict has arisen between the GMSA licensees, and the land-
based cellular service providers in the Gulf of Mexico Region over the 
provision of service to coastal areas. Further, the United States Court 
of Appeals for the District of Columbia Circuit has instructed us to 
reexamine certain of our cellular licensing policies insofar as they 
apply to GMSA licensees.\1\
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    \1\Petroleum Comms., Inc. v. FCC, 22 F.3d 1164 (D.C. Cir. 1994).
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    Objectives: Our objectives in this rulemaking proceeding are (1) to 
establish comprehensive rules that will reduce conflict between GMSA 
licensees and land-based cellular service providers, (2) provide 
regulatory flexibility, to GMSA licensees, that recognizes the inherent 
transitory nature of water-based cellular cites, and (3) award licenses 
so as to maximize the use of spectrum in, and provide high quality 
service to, highly traveled coastal waters.
    Legal Basis: The proposed action is authorized under the 
Communications Act, Sections 4(i), 7, 303(c), 303(f), 303(g), 303(r), 
and 332, 47 U.S.C. Secs. 154(i), 303(c), 303(f), 303(g), 303(r), 332, 
as amended.
    Description of and, Number of, Small Entities Affected by the 
Proposed Rule: The rule changes proposed in this proceeding will affect 
all small businesses which provide cellular service in the GMSA or 
coastal areas. The Commission will be required, in its Final Regulatory 
Flexibility Analysis, to estimate the number of small entities to which 
the rule will apply, provide a description of such entities, and assess 
the impact of the rule on such entities. To assist in this analysis, 
commenters are requested to provide information regarding how many 
total entities, existing and potential, will be affected by the rules 
proposed in this Second Further Notice of Proposed Rulemaking. We 
particularly seek estimates of the number of entities, existing and 
potential, that will be considered small businesses. The definition of 
``small business'' approved by the Small Business Administration, and 
used in the PCS C-Block auction, is a firm that has had revenues of 
less than $40 million in each of the last three calendar years.\2\ We 
seek comment as to whether it would be appropriate to extend this 
definition to this context. We further request that each commenter 
identify whether it is a small business under this definition. If the 
commenter is a subsidiary of another entity, this information should be 
provided for both subsidiary and the parent entity.
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    \2\See Implementation of Section 309(j) of the Communications 
Act -- Competitive Bidding, PP Docket No. 93-253, Fifth Report and 
Order, 9 FCC Rcd 5532, 5608, para.175 (1994).
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    Reporting, Recordkeeping, and Other Compliance Requirements: This 
information is supplied in the Paper Work reduction Act, infra.
    Federal Rules Which Overlap, Duplicate or Conflict With These 
Rules: None.
    Any Significant Alternatives Minimizing the Impact on Small 
Entities Consistent with the Stated Objectives: The objective of the 
current rulemaking proceeding is to improve the quality of service 
provided in the Gulf region, and to establish rules that accurately 
reflect the realities of both water-based and land-based service 
providers. To the extent that this rulemaking modifies existing 
regulations, it is our objective to communicate a benefit to all 
service providers in the Gulf region without regard to the size of the 
entity. The impact on small entities in the proposals in the Second 
Further Notice of Proposed Rulemaking is the opportunity to provide 
service in accordance with a regulatory framework that accurately 
reflects the geographic and demographic realities of the region. Given 
the low burden of compliance, reporting, and performance requirements 
for the provision of cellular service, no alternatives to these 
requirements were deemed necessary for small entities. This Second 
Further Notice of Proposed Rulemaking solicits comment on the variety 
of alternatives discussed herein, any significant alternatives 
submitted in the comments will be considered.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-24643 Filed 9-25-00; 8:45 am]
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