60108 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

1 5 U.S.C. 601 et seq. The RFA has been amended 

by the Contract With America Advancement Act of 

1996, Public Law 104–121, 110 Stat. 847 (1996) 

(‘‘CWAAA’’). Title II of the CWAAA is the Small 

Business Regulatory Enforcement Fairness Act of 

1996 (‘‘SBREFA’’). 

Dated: December 28, 1999. 

Nancy-Ann DeParle, 

Administrator, Health Care Financing 

Administration. 

Dated: March 28, 2000. 

Donna E. Shalala, 

Secretary. 

Editorial Note: This document was 

received at the Office of the Federal Register 

September 29, 2000. 

[FR Doc. 00–25496 Filed 10–6–00; 8:45 am] 

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47 CFR Parts 2 and 87 

[ET Docket No. 98–197; FCC 00–353] 

Radionavigaton Service at 31.8–32.3 

GHz 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Commission’s Rules to delete the 

unused radionavigation service 

allocation from the band 31.8–32.3 GHz 

in the Non-Federal Government Table of 

Frequency Allocations and removes this 

band from the list of available 

frequencies set forth in the rules for the 

Aviation Services. This action will 

obviate concerns for interference to the 

reception of deep space 

radiocommunications in the band 31.8– 

32.3 GHz from co-channel, non-Federal 

Government radionavigation 

transmissions that could otherwise 

occur in the future. 

DATES: Effective November 9, 2000. 

FOR FURTHER INFORMATION CONTACT: Tom 

Mooring , Office of Engineering and 

Technology, (202) 418–2450. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, ET Docket No. 98–197, FCC 

00–353, adopted September 22, 2000, 

and released September 26, 2000. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center, 

Room CY–A257, 445 12th Street, SW., 

Washington, DC, and also may be 

purchased from the Commission’s 

duplication contractor, International 

Transcription Service, (202) 857–3800, 

1231 20th Street, NW Washington, DC 

20036. 

Summary of the Report and Order 

1. This Report and Order amends part 

2 of the Commission’s Rules to delete 

the unused radionavigation service 

allocation from the band 31.8–32.3 GHz 

in the Non-Federal Government Table of 

Frequency Allocations. Consequently, 

we also amend part 87 to remove this 

sub-band from the list of available 

frequencies set forth in the rules for the 

Aviation Services. We take this action in 

response to a request from the National 

Telecommunications and Information 

Administration. This action will obviate 

concerns for interference to the 

reception of deep space 

radiocommunications in the band 31.8– 

32.3 GHz from co-channel, non-Federal 

Government radionavigation 

transmissions that could otherwise 

occur in the future. This action will also 

provide adequate spectrum for future 

applications of the non-Federal 

Government radionavigation service in 

the remaining 1.1 gigahertz at 32.3–33.4 

GHz. 

2. We adopt our proposal (63 FR 

65726, November 30, 1998) to delete the 

non-Federal Government 

radionavigation service allocation from 

the band 31.8–32.3 GHz. This action 

reduces the amount of spectrum 

available to the non-Federal 

Government radionavigation service in 

this frequency range by approximately 

30%. By limiting future non-Federal 

Government radionavigation services to 

the band 32.3–33.4 GHz, NASA’s deep 

space operations in the band 31.8–32.3 

GHz will be protected and sufficient 

spectrum will be available to 

accommodate such commercial and 

private radionavigation services as may 

develop in the future. As a consequence 

of this action, we also will delete the 

band 31.8–32.3 GHz from the list of 

frequencies that are available for use by 

the aeronautical radionavigation service 

under § 87.173 of the rules for the 

Aviation Services. Since the band 32.3– 

33.4 GHz has previously been added to 

the § 87.173, we are adding a rule part 

cross-reference to part 87 in the Table of 

Frequency Allocations. 

3. Final Regulatory Flexibility 

Certification. The Regulatory Flexibility 

Act (‘‘RFA’’) 1 requires that a regulatory 

flexibility analysis be prepared for 

notice-and-comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The RFA generally defines ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A small 

business concern is one which: (1) 

Independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (‘‘SBA’’). 

4. In the Notice of Proposed 

Rulemaking, we concluded that the 

proposed rules ‘‘[would] not have a 

significant economic impact on a 

substantial number of small entities.’’ 

Although no separate comments were 

received concerning this certification, 

the only commenter to the proceeding, 

Mr. Lyman C. Welch, did express 

concern that this rule change would 

prohibit commercial use. In this Report 

and Order, we have clarified that 

commercial entities may continue to 

make use of the Federal Government’s 

facility at Goldstone, and we therefore 

find that no small entities will be 

impacted by the rule change. 

Accordingly, we hereby certify that the 

deletion of the non-Federal Government 

radionavigation allocation at 31.8–32.3 

GHz will not have a significant 

economic impact on a substantial 

number of small entities. 

5. Report to Congress: The 

Commission will send a copy of this 

Report and Order, including this final 

certification, in a report to Congress 

pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996, see 5 U.S.C. 801(a)(1)(A). In 

addition, the Report and Order and this 

certification will be sent to the Chief 

Counsel for Advocacy of the Small 

Business Administration. See 5 U.S.C. 

605(b). 

6. Pursuant to the authority contained 

in Sections 4(i), 7(a), 303(c), 303(f), 

303(g), and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 

157(a), 303(c), 303(f), 303(g), and 303(r), 

parts 2 and 87 of the Commission’s 

Rules are amended; effective November 

9, 2000. 

List of Subjects 

47 CFR Part 2 

Communications equipment, Radio. 

47 CFR Part 87 

Air transportation, Communications 

equipment, Radio. 


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Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60109 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

Rule Changes 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 2 and 

87 as follows: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. Sections 154, 302a, 

303, and 336, unless otherwise noted. 

2. Section 2.1(c) is amended by 

revising the definition for the ‘‘InterSatellite Service’’ as follows: 

§ 2.1 Terms and definitions. 

* * * * * 

(c) * * * 

Inter-Satellite Service. A 

radiocommunication service providing 

links between artificial satellites. (RR) 

* * * * * 

3. Section 2.106 is amended as 

follows: 

a. Pages 74 and 75 of the Table of 

Frequency Allocations are revised. 

b. Footnote US262 is revised. 

The revision reads as follows: 

§ 2.106 Table of Frequency Allocations. 

* * * * * 

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Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 60111 


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60112 Federal Register / Vol. 65, No. 196 / Tuesday, October 10, 2000 / Rules and Regulations 

BILLING CODE 6712–01–C 

* * * * * 

United States (US) Footnotes 

* * * * * 

US262 The use of the band 31.8– 

32.3 GHz by the space research service 

(deep space) (space-to-Earth) is limited 

to Goldstone, California. 

* * * * * 

PART 87—AVIATION SERVICES 

4. The authority citation for part 87 

continues to read as follows: 

Authority: 48 Stat. 1066, 1082, as 

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

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–156, 301–609. 

5. Section 87.173(b) is amended by 

removing the entry for ‘‘31800–33400 

MHz’’ in the frequency table and adding 

a new entry in numerical order to read 

as follows: 

§ 87.173 Frequencies. 

* * * * * 

(b) Frequency table: 

Frequency or frequency band Subpart Class of station Remarks 

* * * * * * * 

32300–33400 MHz ................................... F, Q .................................... MA, RL ............................... Aeronautical radionavigation. 

[FR Doc. 00–25733 Filed 10–6–00; 8:45 am] 

BILLING CODE 6712–01–U 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[CC Docket No. 94–54; FCC 00–307] 

Interconnection and Resale 

Obligations in the Commercial Mobile 

Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; petition for 

reconsideration. 

SUMMARY: Through this document, the 

Commission denies a petition for 

reconsideration of previous Commission 

decisions in this proceeding. Petitioners 

request that we eliminate the exclusion 

of Commercial Mobile Radio Service 

(CMRS) from the Commission’s resale 

rule and extend the sunset of the resale 

rule at least one full year beyond the 

successful conclusion of wireless local 

number portability implementation. 

This document responds to this 

petition. 

FOR FURTHER INFORMATION CONTACT: Jane 

Phillips, 202–418–1310. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order on 

Reconsideration of the Memorandum 

Opinion and Order on Reconsideration 

in CC Docket No. 94–54 (Order) (FCC 

00–307), adopted August 17, 2000, and 

released August 22, 2000. The complete 

text of this MO&O is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Courtyard Level, 

445 12th Street, SW., Washington, DC, 

and also may be purchased from the 

Commission’s copy contractor, 

International Transcription Services 

(ITS, Inc.), CY–B400, 445 12th Street, 

SW., Washington, DC. 

Synopsis of the Order 

1. In this decision, the Commission 

denies a petition for reconsideration of 

decisions contained in the 

Memorandum Opinion and Order on 

Reconsideration, 64 FR 61022, 

November 9, 1999 (MO&O) in this 

proceeding. The wireless resale rule 

prohibits Commercial Mobile Radio 

Service (CMRS) providers from 

unreasonably restricting resale of their 

services. 

2. The First Report and Order, 61 FR 

38399, July 24, 1996 (First R&O) in this 

proceeding promulgated a rule 

prohibiting certain CMRS providers 

from restricting the resale of their 

services during a transitional period. 

The First R&O extended the resale rule, 

which previously had applied only to 

cellular providers, to providers of 

broadband personal communications 

services (PCS) and certain specialized 

mobile radio (SMR) services. 

Additionally, the First R&O sunset the 

resale rule five years after completion of 

its initial grant of broadband PCS 

licenses, i.e., November 24, 2002. 

3. The MO&O affirmed the 2002 

sunset date, but modified the resale rule 

to exclude customer premises 

equipment (CPE) and CPE in bundled 

packages and to exclude from its scope 

certain C, D, E, and F block PCS 

licenses, as well as all CMRS providers 

of voice or data services that do not use 

in-network switching facilities. 

4. MCI WorldCom filed a petition for 

further reconsideration requesting that 

the Commission eliminate the exclusion 

for CPE and extend the sunset at least 

one full year beyond the successful 

conclusion of wireless local number 

portability implementation. 

5. As discussed in the full text of this 

Order, the Commission denies MCI 

WorldCom’s petition for reconsideration 

and reaffirms its determinations to 

exclude CPE from the scope of the 

CMRS resale rule and to sunset the rule 

on November 24, 2002. With respect to 

the exclusion for certain C, D, E, and F 

block PCS licensees, the Order does not 

address what impact the Commission’s 

ultimate decision regarding eligibility to 

participate in the reauction of C and F 

block licensees may have on the scope 

of the resale rule. 

Regulatory Flexibility Analysis 

6. The Commission has not prepared 

an additional Final Regulatory 

Flexibility Analysis of the possible 

impact on small entities of the 

Commission’s decisions, as otherwise 

required by the Regulatory Flexibility 

Act, 5 U.S.C. 604, because no changes 

have been made in this Order to the 

Commission’s rules or policies. 

Authority 

7. This action is taken pursuant to 

sections 1, 4(i), 4(j), 10, 201, 202, 303(r), 

309, 332, and 403 of the 

Communications Act, 47 U.S.C. 1, 4(i), 

4(j), 160, 201, 202, 303(r), 309, 332, 403. 

Ordering Clauses 

Accordingly, the Petition for 

Reconsideration filed by MCI 

WorldCom is denied. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. 00–25807 Filed 10–6–00; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

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47 CFR Part 27 

[WT Docket No. 99–168] 

Service Rules for the 746–764 and 776– 

794 MHz Bands; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 


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