39800 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

§ 63.23 Resale-based international

common carriers.

The following conditions apply to

carriers authorized to resell the

international services of other

authorized carriers:

(a) A carrier authorized under

§ 63.18(e)(2) may provide resold

international services to international

points for which the applicant qualifies

for non-dominant regulation as set forth

in § 63.10, except that the carrier may

not provide either of the following

services unless it has received specific

authority to do so under § 63.18(e)(4):

(i) Switched resold services to a nonWTO Member country where the

applicant is or is affiliated with a

foreign carrier; and

(ii) Switched or private line services

over resold private lines to a destination

market where the applicant is or is

affiliated with a foreign carrier and the

Commission has not determined that the

foreign carrier lacks sufficient market

power in the destination market to affect

competition adversely in the U.S.

market (see § 63.10(a)).

(b) The carrier may not resell the

international services of an affiliated

carrier regulated as dominant on the

route to be served unless it has received

specific authority to do so under

§ 63.18(e)(4).

(c) Except as provided in paragraph

(b) of this section, the carrier may resell

the international services of any

authorized common carrier, pursuant to

that carrier’s tariff or contract duly filed

with the Commission, for the provision

of international basic switched, private

line, data, television and business

services to all international points.

(d) The carrier may provide switched

basic services over its authorized resold

private lines if and only if the country

at the foreign end of the private line

appears on a Commission list of

countries to which the Commission has

authorized the provision of switched

services over private lines. See § 63.16.

If at any time the Commission finds that

the country no longer provides

equivalent resale opportunities or that

market distortion has occurred in the

routing of traffic between the United

States and that country, the carrier shall

comply with enforcement actions taken

by the Commission.

(e) Any party certified to provide

international resold private lines to a

particular geographic market shall

report its circuit additions on an annual

basis. Circuit additions should indicate

the specific services provided (e.g.,

IMTS or private line) and the country

served. This report shall be filed on a

consolidated basis not later than March

31 for the preceding calendar year.

(f) The authority granted under this

part is subject to all Commission rules

and regulations and any conditions or

limitations stated in the Commission’s

public notice or order that serves as the

carrier’s Section 214 certificate. See

§§ 63.12, 63.21.

§ 63.24 Pro forma assignments and

transfers of control.

(a) Definition. An assignment of an

authorization granted under this part or

a transfer of control of a carrier

authorized under this part to provide an

international telecommunications

service is a pro forma assignment or

transfer of control if it falls into one of

the following categories and, together

with all previous pro forma

transactions, does not result in a change

in the carrier’s ultimate control:

(1) Assignment from an individual or

individuals (including partnerships) to a

corporation owned and controlled by

such individuals or partnerships

without any substantial change in their

relative interests;

(2) Assignment from a corporation to

its individual stockholders without

effecting any substantial change in the

disposition of their interests;

(3) Assignment or transfer by which

certain stockholders retire and the

interest transferred is not a controlling

one;

(4) Corporate reorganization that

involves no substantial change in the

beneficial ownership of the corporation;

(5) Assignment or transfer from a

corporation to a wholly owned

subsidiary thereof or vice versa, or

where there is an assignment from a

corporation to a corporation owned or

controlled by the assignor stockholders

without substantial change in their

interests; or

(6) Assignment of less than a

controlling interest in a partnership.

(b) A pro forma assignment or transfer

of control of an authorization to provide

international telecommunications

service is not subject to the

requirements of § 63.18. A pro forma

assignee or a carrier that is the subject

of a pro forma transfer of control is not

required to seek prior Commission

approval for the transaction. A pro

forma assignee must notify the

Commission no later than 30 days after

the assignment is consummated. The

notification may be in the form of a

letter, and it must contain a certification

that the assignment was pro forma as

defined in paragraph (a) of this section

and, together with all previous pro

forma transactions, does not result in a

change of the carrier’s ultimate control.

A single letter may be filed for an

assignment of more than one

authorization if each authorization is

identified by the file number under

which it was granted.

§ 63.25 Special procedures for nondominant international common carriers.

(a) Any party that would be a nondominant international communications

common carrier is authorized to provide

facilities-based international services,

subject to § 63.22, between the United

States and all international points,

except that this paragraph shall not

authorize the party to provide service

between the United States and any

country where an affiliated foreign

carrier operates.

(b) Any party that would be a nondominant international communications

common carrier is authorized to provide

resold international services, subject to

§ 63.23, between the United States and

all international points, except that this

paragraph shall not authorize the party

to provide service between the United

States and any country where an

affiliated foreign carrier operates.

(c) Within 30 days of commencing

service pursuant to paragraph (a) or (b),

the party shall notify the Commission

by letter addressed to the Chief,

International Bureau, that it has

commenced providing service pursuant

to § 63.25 of the Commission’s rules.

Such letter shall include the applicable

information and certifications described

in § 63.18.

(d) Notwithstanding paragraphs (a)

and (b), the Commission reserves the

right to condition or revoke the

authorization of any entity for a

violation of the Commission’s rules or

policies, and such condition or

revocation shall be effective against all

successors, transferees, or assigns, as

ordered by the Commission.

[FR Doc. 98–19638 Filed 7–23–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 3

[IB Docket No. 98–96, FCC 98–123]

1998 Biennial Regulatory Review of

Accounts Settlements in the Maritime

and Maritime Mobile-Satellite Radio

Services and Withdrawal of the

Commission as an Accounting

Authority

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Federal Communication

Commission adopted a Notice of
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39801

Proposed Rulemaking (NPRM) to

streamline further the rules governing

the regulation and authorization of

private accounting authorities for

maritime mobile, maritime satellite,

aircraft, and hand-held terminal radio

services. The Commission proposes to

withdraw from its accounting authority

function and instead to rely upon

private accounting authorities, require

private authorities to deal with the

public in a non-discriminatory manner,

and designate a new accounting

authority of last resort. The Commission

believes that its function as an

accounting clearinghouse is no longer

necessary and that its withdrawal from

performing this function will serve the

public interest. The proposals will

benefit the public because they will

promote competition in the settlement

of maritime radio accounts.

DATES: Comments are due on or before

August 24, 1998; and reply comments

are due on or before September 9, 1998.

Written comments by the public on the

proposed information collections are

due August 24, 1998.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Room 222,

Washington, D.C. 20554. A copy of any

comments on the information

collections contained herein should be

submitted to Judy Boley, Federal

Communications Commission, Room

234, 1919 M St., N.W., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT: John

Copes, Attorney-Advisor, Multilateral

and Development Branch,

Telecommunications Division,

International Bureau, (202) 418–1478.

For additional information concerning

the information collections contained in

this NPRM contact John Copes at (202)

418–1478, or via the Internet at

jcopes@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s NPRM,

FCC 98–123, adopted on June 18, 1998,

and released on July 17, 1998. The full

text of this NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239) of the Federal

Communications Commission, 1919 M

Street, N.W., Washington, D.C. 20554.

The complete text of this NPRM may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036, (202) 857–

3800.

Summary of NPRM

1. The Commission adopted an NPRM

(FCC 98–123) proposing to withdraw

from performing the functions of an

accounting authority and to streamline

the rules governing the regulation of

private accounting authorities for

maritime mobile, maritime satellite,

aircraft, and hand-held terminal radio

services. The Commission initiated this

proceeding in response to section 11 of

the Communications Act of 1934, which

requires the Commission to review all

regulations that apply to operations or

activities of providers of

telecommunications services and to

repeal or modify any regulation that it

determines to be no longer necessary in

the public interest. Accordingly, the

Commission has begun a comprehensive

1998 biennial review of

telecommunications and other

regulations that are overly burdensome

or no longer serve the public interest.

The Commission seeks comment on the

proposals contained in this NPRM.

2. In this proceeding, the Commission

proposes to withdraw from performing

the functions of an accounting authority

including all services for which the FCC

now provides clearinghouse service.

The Commission will continue to

operate as the administrator of all U.S.-

certified accounting authorities and the

basic rules and procedures for

applications, services, and procedures

will continue to govern. Because other

federal agencies have relied upon the

FCC for settlements on their accounts,

the Commission specifically requests

the governmental agencies to comment

on this proposal as to whether they have

any special needs that would require it

to continue to serve as a clearinghouse

for governmental agencies.

3. The Commission seeks comment on

the proposal to amend section 3.10(e) to

require private accounting authorities to

provide service to anyone making a

reasonable request for service, without

undue or unjust discrimination, and

impose charges that are reasonable and

non-discriminatory. The rules already

require that applicants for accounting

authority certification serve the public

on a reasonable and non-discriminatory

basis. To make these obligations more

explicit, the Commission proposes to

amend the first sentence of § 3.10(e) to

read as follows:

Section 3.10(e). Applicants must offer their

services to any member of the public making

a reasonable request therefor, without undue

discrimination against any customer or class

of customer, and charge reasonable and nondiscriminatory fees for services.

This change does not alter the substance

of the obligation already created by

Section 3.10(e) but is intended only as

a clarification that private entities have

a duty to deal with the public in a nondiscriminatory manner.

4. Historically, the FCC has acted as

the accounting authority of last resort;

that is foreign telecommunications

operators have sent to the Commission

all accounts where the customer has not

designated a specific accounting

authority. If the Commission withdraws

from acting as an accounting authority,

it will be necessary to provide an

alternative mechanism. The

Commission seeks comment on

designating a new accounting authority

of last resort. Some of the options

include: designating a private

accounting authority, requiring

customers to pre-subscribe to an

accounting authority or to designate an

authority on every message, or

developing a formula for distributing

messages without a designated authority

among several private accounting

authorities. While a formula would

make it easier for the customer, and

would yield a fair distribution of

messages among authorities, it would

require an administrator and could

increase the cost of the accountssettlement function. The Commission

seeks comment on this issue as well.

5. The Commission also seeks

comment on its proposal to allow

‘‘grandfathered’’ entities, those which

already held interim certification as

accounting authorities, to continue their

prior pattern of activities and exempt

them from the requirement to deal with

the public at large. In its 1996 Report

and Order, 61 FR 20155 (published May

6, 1996), adopting rules for certifying

accounting authorities, the Commission

created an exemption for one entity that

had served as accounting authorities

only because it owns and operates the

vessels for which it settles charges. The

Commission tentatively concludes that

maintaining the status of this

grandfathered entity and continuing to

exempt it from the requirement to deal

with the public at large will avoid

working an unnecessary hardship on it

since it does not seek or derive profit

from performing the functions of an

accounting authority. However, should

all 25 Accounting Authority

identification Codes (AAIC), be assigned

and new codes become necessary, the

Commission reserves the right to require

this grandfathered entity to serve the

public generally or to surrender its code

for reassignment to an entity who will

serve the public indiscriminately. The

Commission proposes to retain this

reservation in the regulation of private
39802 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

accounting authorities established in

this proceeding.

6. The Commission proposes to allow

applicants with applications for

accounting authority certification

pending before it to amend their

applications to conform to the new

rules. The Commission tentatively

concludes that the public interest would

be served by giving applicants an

opportunity to amend their applications

by showing how they propose to fulfill

the non-discrimination obligation and

allowing the public top address these

entities= ability to perform that

function.

7. The Commission proposes to

amend the ‘‘Application For

Certification As An Accounting

Authority,’’ FCC Form 44 in the

Maritime and Maritime Satellite Radio

Service Regulations, so as to include a

certification term of intent to conduct

settlements on a non-discriminatory

basis. The FCC also proposes that all

applicants with accounting-authority

applications pending before the

Commission amend their Form 44

submissions within 60 days after the

release of a Report and Order in this

proceeding specifically to affirm that

they will serve all customers requesting

their services on a non-discriminatory

basis.

Ex Parte

8. This is a non-restricted (i.e., permitbut-disclose) notice-and-comment

rulemaking proceeding. Ex parte

presentations are permitted, except

during the Sunshine Agenda period,

provided that they are disclosed as

provided in the Commission’s rules. See

generally 47 CFR 1.1202, 1.1203, 1.1206.

Persons making oral ex parte

presentations are reminded that

memorandums summarizing the

presentations must contain summaries

of the substance of the presentations

and not merely a listing of the subjects

discussed. More than a one or two

sentence description of the views and

arguments presented is generally

required. See 47 CFR 1.1206(b)(2), as

revised. Other rules pertaining to oral

and written presentations are set forth

in 1.1206(b) as well.

Regulatory Flexibility Act

9. 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 proposals contained in the NPRM.

The IRFA is set forth in the attached

Rule Changes. Written public comments

are requested on the IRFA. These

comments must be filed in accordance

with the same filing deadlines as

comments on the rest of the NPRM, but

they must have a separate and distinct

heading designating them as responses

to the Initial Regulatory Flexibility

Analysis. The Commission’s Office of

Public Affairs, Reference Operations

Division, shall send a copy of this

NPRM, including the Initial Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administrations in accordance

with paragraph 603(a) of the Regulatory

Flexibility Act. Public Law 96–354, 94

Stat. 1164, 5 U.S.C. 601 et seq. (1981).

Initial Paperwork Reduction Act of

1995 Analysis

10. This NPRM contains a proposed

information collection. As part of the

Commission’s continuing effort to

reduce paperwork burdens, it invites the

general public and the Office of

Management and Budget (OMB) to

comment on the information collections

contained in this NPRM, as required by

the Paperwork Reduction Act of 1995,

Public Law 104–13. Public and agency

comments are due August 24, 1998.

Comments should address: (a) whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Commission; (b)

the accuracy of the Commission’s

burden estimates; (c) ways to enhance

the quality, utility and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

collection techniques or other forms of

information technology.

Notice and Comment Provision

11. Pursuant to Section 1.415 of the

Commission’s Rules, 47 CFR 1.415

(1997), interested persons may become

parties to this proceeding by filing

comments on these proposals on or

before August 24, 1998, and reply

comments on or before September 9,

1998. All relevant and timely comments

will be considered by the Commission

before final action is taken in this

proceeding. In reaching its decision, the

Commission may take into

consideration information and ideas not

contained in the comments, provided

that such information or a writing

indicating the nature and source of such

information is placed in the public file,

and provided that the Commission’s

reliance on such information is noted in

the Report and Order.

12. Parties in this proceeding may file

comments and replies on paper or

electronically. Under Section 1.419 of

the Commission’s Rules, 47 CFR 1.419

those filing comments on paper must

file an original and four copies of all

comments, reply comments, and

supporting documents. If parties want

each Commissioner to receive a

personal copy of their comments, they

must file an original plus nine copies.

Persons who wish to participate

informally may submit two copies of

their comments, stating thereon the

docket number of this proceeding.

Comments and reply comments should

be sent to the Office of the Secretary,

Federal Communications Commission,

1919 M St., N.W., Room 222,

Washington, D.C. 20554. Additionally,

parties must file a copy of their

comments, replies and supporting

documents with the Commission’s copy

contractor, International Transcription

Service, Inc., 1231 20th St., N.W.,

Washington, D.C. 20037. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center (Room 239) at that address. For

additional information about this

proceeding, please contact John Copes

at (202) 418–1478.

13. Pursuant to Section 1.49(f) of the

Commission’s Rules, 47 CFR 1.49(f),

Parties may file their comments, replies

and supporting documents in electronic

form via the Internet. Such parties

should use the Commission’s Electronic

Comment Filing System, which they can

access using the following Internet

address: <http://www.fcc.gov/e-file/

ecfs.html>. Further information on the

process of submitting comments

electronically is available at <http://

www.fcc.gov/e-file/>. Pursuant to

§ 1.419(d) of the Commission’s Rules, 47

CFR 1.419(d), Parties need file only one

copy of an electronic submission. In

completing the transmittal screen, a

party filing a comment, reply or

supporting document should include

his or her full name, U.S. Postal Service

mailing address and the lead Docket

number for this proceeding, which is IB

Docket No. 98–96. The Commission will

consider electronically filed comments

that conform to the guidelines of this

section part of the record in this

proceeding and accord them the same

treatment as comments filed on paper.

14. Parties filing comments, replies

and supporting documents on paper

must also file their submissions on

diskette. Such a submission should be

on a 3.5 inch diskette formatted in an

IBM-compatible format, using MS DOS

and Word Perfect 5.1 for Windows or

compatible software. The diskette

should be submitted in ‘‘read only’’

mode. The diskette should be clearly

marked with the party’s name, the

proceeding to which it is addressed (in

this case, IB Docket No. 98–96), the type
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39803

of pleading (comment or reply) and the

date of submission. The diskette should

be accompanied by a cover letter setting

forth the same information. Each

diskette should contain only one party’s

pleading, preferably in a single

electronnic file. The party should

submit one copy of the diskette to John

Copes, International Bureau,

Telecommunications Division, 2000 M

St., N.W., Room 844, Washington, D.C.

20054. The party should file an exact

copy of the diskette, identically marked,

with the Commission’s copy contractor,

International Transcription Service, Inc.

15. Persons wishing to comment on

the proposed and/or modified

information collections should file

written comments on or before August

24, 1998. The Office of Management and

Budget (OMB) must submit its written

comments on the proposed information

collections, if any, on or before [insert

date 60 days after the date of

publication of the summary of this

Notice of Proposed Rulemaking in the

Federal Register]. In addition to filing

comments with the Secretary, they

should also submit a copy of any

comments on the information

collections contained herein Judy Boley,

Federal Communications Commission,

Room 234, 1919 M Street, N.W.,

Washington, DC 20554, or via the

Internet to jboley@fcc.gov.

Conclusion

16. The Commission is proposing

these rules to clarify the public service

requirements for all those pending

applicants and all future entities who

may wish to serve as accounting

authorities for the settlement of

international radio maritime accounts

involving U.S. registered vessels

operating in foreign or international

waters. By these rules, the Commission

seeks to ensure that the public interest

is adequately served as the Commission

withdraws from its function as an

accounting authority for nongovernmental users of maritime mobile

and maritime mobile-satellite radio

services. It seeks comment on the

proposed changes to the application

procedure and any alternatives

interested persons may wish to suggest.

Ordering Clauses

17. Accordingly, it is ordered,

pursuant to Sections 4(i), 4(j), 11, 201–

205 and 303(r) of the Communications

Act of 1934, as amended, 47 U.S.C.

§§ 154(i), 154(j),161, 201–205 and

303(r), that this NPRM is hereby

adopted.

18. It is further ordered that the Office

of Public Affairs, Reference Operations

Division, shall send a copy of this

Notice of Proposed Rulemaking,

including the regulatory flexibility

certification, to the Chief Counsel for

Advocacy of the Small Business

Administration.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 3 of the Commission’s Rules and

Regulations (Chapter 1 of Title 47 of the

Code of Federal Regulations) is

amended as follows:

PART 3—AUTHORIZATION AND

ADMINISTRATION OF ACCOUNTING

AUTHORITIES IN MARITIME AND

MARITIME MOBILE-SATELLITE RADIO

SERVICES

1. The authority citation for part 3

continues to read as follows:

Authority: 47 U.S.C. 154(i), 154(j) and

303(r).

2. Section 3.10 is proposed to be

amended by revising the first sentence

of paragraph (e) to read as follows:

§ 3.10 Basic qualifications.

(e) Applicants must offer their

services to any member of the public

making a reasonable request therefor,

without undue discrimination against

any customer or class of customer, and

charge reasonable and nondiscriminatory fees for service. * * *

* * * * *

[FR Doc. 98–19783 Filed 7–23–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–130; RM–9297]

Radio Broadcasting Services;

Saratoga, WY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by

Mountain Tower Broadcasting

proposing the allotment of Channel

259C at Saratoga, Wyoming, as the

community’s first local aural

transmission service. Channel 259C can

be allotted to Saratoga in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 16.3 kilometers (10.1

miles) northwest to avoid a shortspacing to the construction permit site

of Station KRRR(FM), Channel 260C2,

Cheyenne, Wyoming. The coordinates

for Channel 259C at Saratoga are North

Latitude 41–31–38 and West Longitude

106–58–37.

DATES: Comments must be filed on or

before September 8, 1998, and reply

comments on or before September 23,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Victor A. Michael, Jr.,

President, Mountain Tower

Broadcasting, 7901 Stoneridge Drive,

Cheyenne, Wyoming 82009 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–130, adopted July 8, 1998, and

released July 17, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–19720 Filed 7–23–98; 8:45 am]

BILLING CODE 6712–01–P