Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32093 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection 

Agency, Region 2, Superfund Records 

Center, 290 Broadway, Room 1828, New 

York, New York 10007–1866, Phone: 

212–637–4308; Hours: Monday through 

Friday from 9 a.m. to 5 p.m., and New 

Jersey Department of Environmental 

Protection, 401 East State Street, 

Trenton, New Jersey 08625–0402, 

Phone: 609–777–3373. 

FOR FURTHER INFORMATION CONTACT: 

Michael Zeolla, Remedial Project 

Manager, by mail at Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 19th Floor, 

New York, NY 10007–1866; telephone 

at 212–637–4376; fax at 212–637–4393; 

or e-mail at zeolla.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final notice of 

deletion of the Wilson Farm Superfund 

Site without prior notice of intent to 

delete because we view this as a 

noncontroversial revision and anticipate 

no adverse comment. We have 

explained our reasons for this deletion 

in the preamble to the direct final 

deletion. If we receive no adverse 

comment(s) on this notice of intent to 

delete or the direct final notice of 

deletion, we will not take further action 

on this notice of intent to delete. If we 

receive adverse comment(s), we will 

withdraw the direct final notice of 

deletion and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final deletion 

notice based on this notice of intent to 

delete. We will not institute a second 

comment period on this notice of intent 

to delete. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final notice of deletion which is 

located in the Rules section of this 

Federal Register. 

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(c)(2); 42 U.S.C. 

9601–9657; 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: May 29, 2009. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–15802 Filed 7–6–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[DA 09–1307] 

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 Federal Communication 

Commission’s (FCC’s or 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 year 2008, 

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 September 8, 2009. 

ADDRESSES: Submit comments to 

Federal Communications Commission, 

Office of the Secretary, 445 12th Street, 

SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Sharon K. Stewart, Special Assistant to 

the Director, 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 e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

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. 

Public Notice 

FCC Seeks Comment Regarding 

Possible Revision or Elimination of 

Rules Under The Regulatory Flexibility 

Act, 5 U.S.C. 610. 

CB Docket No. 09–102. 

Released: June 24, 2009 

1. Pursuant to the Regulatory 

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

section 610, the FCC hereby publishes a 

plan for the review of rules adopted by 

the agency in calendar year 1998 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 

objectives 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 received concerning the rule 

from the public; 

(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 for each rule, including a brief 

description of the rule and the need for, 

and legal basis of, the rule. The public 

is invited to comment on the rules 

chosen for review by the FCC according 

to the requirements of section 610 of the 

RFA. All relevant and timely comments 

32094 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

will be considered by the FCC before 

final action is taken in this proceeding. 

Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (‘‘ECFS’’) or by filing 

paper copies. Comments filed through 

the ECFS may be sent as an electronic 

file via the Internet to http:// 

www.fcc.gov/cgb/ecfs/. Generally, only 

one copy of an electronic submission 

must be filed. In completing the 

transmittal screen, commenters should 

include their full name, U.S. Postal 

Service mailing address, and the 

applicable docket or rulemaking 

number. 

Parties may also submit an electronic 

comment by Internet e-mail. To obtain 

filing instructions for e-mail comments, 

commenters should send an e-mail to 

ecfs@fcc.gov, and should include the 

following words in the body of the 

message: ‘‘get form.’’ A sample form and 

directions will be sent in reply. Parties 

who choose to file by paper must file an 

original and four copies of each filing. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. The 

Commission’s contractor, Natek, Inc., 

will receive hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. 

The filing hours at this location are 8 

a.m. to 7 p.m. 

All hand deliveries must be held 

together with rubber bands or fasteners. 

• Any envelopes must be disposed of 

before entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class mail, 

Express Mail, and Priority Mail should 

be addressed to 445 12th Street, SW., 

Washington, DC 20554. 

• All filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

Comments in this proceeding will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

They may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202– 

488–5300 or 800–378–3160, facsimile 

202–488–5563, or via e-mail at 

fcc@bcniweb.com. To request materials 

in accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e-mail to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

For additional information on the 

requirements of the RFA, the public 

may contact Eric Malinen, Attorney 

Advisor, Office of Communications 

Business Opportunities, 202–418–0990 

or visit http://www.fcc.gov/ocbo. 

Federal Communications Commission. 

Carolyn Fleming Williams, Esq., 

Director, Office of Communications Business 

Opportunities. 

Appendix 

List of rules for review pursuant to the 

Regulatory Flexibility Act of 1980, 5 

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

beginning in the year 1998 and ending 

in the year 2008. All listed rules are in 

Title 47 of the Code of Federal 

Regulations. 

Part 1—Practice and Procedure 

Subpart F—Wireless Radio Services 

Applications and Proceedings 

Brief Description: Part 1 contains 

rules pertaining to Commission 

practices and procedures. Subpart F sets 

forth the rules governing the 

authorization and licensing of Wireless 

Radio Services. 

Need: These rules are needed to set 

forth the general application process 

and licensing rules for the Wireless 

Radio Services, including requirements 

concerning specific forms, electronic 

filing, application content, ownership 

information, waivers, and public notice. 

Legal Basis: 47 U.S.C. 154, 161, 303 

and 332. 

Section Number and Title: 

1.901 Basis and purpose. 

1.902 Scope. 

1.903 Authorization required. 

1.907 Definitions. 

1.911 Station files. 

1.913 Application and notification forms; 

electronic and manual filing. 

1.915 General application requirements. 

1.917 Who may sign applications. 

1.919 Ownership information. 

1.923 Content of applications. 

1.924 Quiet zones. 

1.925 Waivers. 

1.926 Application processing; initial 

procedures. 

1.927 Amendment of applications. 

1.929 Classification of filings as major or 

minor. 

1.931 Application for special temporary 

authority. 

1.933 Public notices. 

1.934 Defective applications and dismissal. 

1.935 Agreements to dismiss applications, 

amendments or pleadings. 

1.937 Repetitious or conflicting 

applications. 

1.939 Petitions to deny. 

1.945 License grants. 

1.946 Construction and coverage 

requirements. 

1.947 Modification of licenses. 

1.948 Assignment of authorization or 

transfer of control, notification of 

consummation. 

1.949 Application for renewal of license. 

1.951 Duty to respond to official 

communications. 

1.955 Termination of authorizations. 

1.956 Settlement conferences. 

1.957 Procedure with respect to amateur 

radio operator license. 

1.981 Reports, annual and semiannual. 

Subpart Q—Competitive Bidding 

Proceedings 

Brief Description: The Part 1 rules 

state 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 to 

implement the Commission’s 

competitive bidding authority under 

Section 309(j) of the Communications 

Act of 1934, as amended. 

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

309(j). 

Section Number and Title: 

1.2102 Eligibility of applications for 

competitive bidding. 

1.2103 Competitive bidding design options. 

1.2105 Bidding application and 

certification procedures; prohibition of 

collusion. 

1.2107 Submission of down payment and 

filing of long-form applications. 

1.2111 Assignment or transfer of control; 

unjust enrichment. 

Part 2—Frequency Allocations and 

Radio Treaty Matters; General Rules 

and Regulations 

Subpart I—Marketing of Radiofrequency 

Devices 

Brief Description: The rules in part 2, 

subpart I, define radiofrequency devices 

and specify the requirements for 

marketing of such devices. 

Need: These rules provide exemption 

for certain transmitters and amplifiers as 

required by the Act or are under close 

control of the licensed user. The rules 

allow marketing and operation of Radio 

frequency devices under specific 

conditions prior to approval of the radio 

frequency device. The rules are needed 

to allow manufacturers to evaluate, test 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32095 

and demonstrate the device for product 

suitability. 

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

and 336. 

Section Number and Title: 

2.803 Marketing of radio frequency devices 

prior to equipment authorization. 

Subpart J—Equipment Authorization 

Procedures 

Brief Description: These rules specify 

conditions associated with grant of 

equipment authorization under the 

Commission’s rules. 

Need: The rules provide procedures 

and conditions under which grants can 

be dismissed, limited and revoked. The 

rules also specify measurement 

procedures to be applied generally for 

radio frequency devices. The rules are 

needed to ensure devices are properly 

authorized and are operating in 

accordance with FCC rules to prevent 

interference. 

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

and 336. 

Section Number and Title: 

2.901 Basis and purpose. 

2.924 Marketing of electrically identical 

equipment having multiple trade names 

and models or type numbers under the 

same FCC identifier. 

2.931 Responsibility of the grantee. 

2.933 Change in identification of 

equipment. 

2.938 Retention of records. 

2.943 Submission of equipment for testing. 

2.946 Penalty for failure to provide test 

samples and data. 

2.1041 Measurement procedure. 

2.1046 Measurements required: RF power 

output. 

2.1407 Measurements required: Modulation 

characteristics. 

2.1049 Measurements required: Occupied 

bandwidth. 

2.1051 Measurements required: Spurious 

emissions at antenna terminals. 

2.1053 Measurements required: Field 

strength of spurious radiation. 

2.1057 Frequency spectrum to be 

investigated. 

Part 11—Emergency Alert System (EAS) 

Subpart D—Emergency Operations 

Subpart E—Tests 

Brief Description: These rules state 

certain technical and operational 

procedures for Emergency Alert System 

(EAS) Participants. 

Need: The identified rules, which 

govern EAS tests as well as how an EAS 

Participant should respond to the 

receipt of an Emergency Action 

Notification, are necessary to ensure the 

proper functioning of the Emergency 

Alert System. The EAS may be used to 

provide the heads of state and local 

governments, or their designated 

representatives, with a means to 

communicate emergency information 

with the public. 

Legal Basis: Sections 1, 4(i) and (o), 

303(r), 624(g) and 706 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (o), 

303(r), 544(g) and 606. 

Section Number and Title: 

11.54(b) EAS operation during a National 

Level emergency. 

[Subpart D] 

11.61 Tests of EAS procedures. [Subpart E] 

Part 13—Commercial Radio Operators 

Brief Description: The Part 13 rules 

prescribe the manner and conditions 

under which commercial radio 

operators are licensed by the 

Commission. 

Need: These rules provide conditional 

temporary operating authority during 

which a person who has passed the 

necessary examination(s) can operate 

while an application is pending before 

the Commission. 

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

and applicable treaties and agreements 

to which the United States is a party. 

Section Number and Title: 

13.9(e) Eligibility and application for new 

license or endorsement. 

13.13(d) Application for a renewed or 

modified license. 

Note: Currently effective 13.9(e) was 

adopted in 1998 as 13.9(d). 

Part 15—Radio Frequency Devices 

Subpart A—General 

Brief Description: These rules specify 

the regulations under which certain 

radio frequency equipment may be 

operated without an individual license. 

Need: These rules provide technical 

specifications, administrative 

requirements and other conditions 

relating to the marketing and operations 

of Part 15 devices. 

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

304, 307, 336, and 544a. 

Section Number and Title: 

15.17 Susceptibility to interference. 

15.25 Kits. 

15.33 Frequency range of radiated 

measurements. 

Subpart C—Intentional Radiators 

Brief Description: These rules specify 

the regulations under which certain 

radio frequency equipment may be 

operated without an individual license. 

Need: These rules provide technical 

specifications, administrative 

requirements and other conditions 

relating to the marketing and operations 

of Part 15 devices. 

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

304, 307, 336, and 544a. 

Section Number and Title: 

15.253 Operation within the bands 46.7– 

46.9 GHz and 76.0–77.0 GHz. 

Part 18—Industrial, Scientific, and 

Medical Equipment 

Subpart B—Applications and 

Authorizations 

Brief Description: These rules specify 

the technical standards and other 

requirements for certain equipment or 

appliances that generate and use local 

radiofrequency energy for industrial, 

scientific, medical purposes, excluding 

telecommunications applications, to be 

marketed and operated within the 

United States. 

Need: These rules are needed to 

regulate industrial, scientific and 

medical (ISM) equipment that emits 

electromagnetic energy on frequencies 

within the radiofrequency spectrum in 

order to prevent harmful interference to 

authorized radio communications 

services. 

Legal Basis: 47 U.S.C. 4, 301, 302, 

303, 304, 307. 

Section Number and Title: 

18.203 Equipment authorization. 

18.207 Technical report. 

18.209 Identification of authorized 

equipment. 

18.211 Multiple listing of equipment. 

18.212 Compliance information. 

Part 20—Commercial Mobile Radio 

Services 

Brief Description: These rules set forth 

the requirements and conditions 

applicable to commercial mobile radio 

service providers as they pertain to the 

transmission of wireless 911 calls to 

Public Safety Answering Points (PSAP). 

Need: The identified rules require the 

provision of automatic numbering 

information and automatic location 

information and are intended to ensure 

that PSAPs receive adequate 

information in order to respond to 911 

emergencies. 

Legal Basis: Sections 4, 251–2, 303, 

and 332, 48 Stat. 1066, 1062, as 

amended; 47 U.S.C. 154, 251–4, 303, 

and 332. 

Section Number and Title: 

20.3 Definitions. 

20.18 911 Service. [Excluding 47 CFR 

20.18(h).] 

Part 22—Public Mobile Services 

Subpart H—Cellular Radiotelephone 

Service 

Brief Description: The Part 22 rules 

state the conditions under which radio 

stations may be licensed and used in the 

Paging and Rural, Air-Ground, Cellular 

and Offshore Radiotelephone Services. 

Subpart H sets forth rules governing the 

licensing and operation of cellular 

radiotelephone systems. 

32096 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

Need: This rule informs the public 

about the notification and filing 

requirements when a licensee makes 

minor modifications that result in a 

change to the station’s cellular 

geographical service area (CGSA) or 

involve a contract service area boundary 

(SAB) extension. 

Legal Basis: 47 U.S.C. 154, 310, 302, 

303, 309 and 332. 

Section Number and Title: 

22.953(c) Content and form of applications. 

Part 24—Personal Communications 

Services 

Subpart I—Interim Application, 

Licensing and Processing Rules for 

Broadband PCS 

Brief Description: The Part 24 rules 

set forth the conditions under which 

portions of the radio spectrum are made 

available and licensed for personal 

communications services (PCS). Subpart 

I sets forth rules governing the 

submission of applications for 

broadband PCS licenses. 

Need: These rules establish 

restrictions on assignments and 

transfers of control of licenses for 

frequency blocks C and F. 

Legal Basis: 47 U.S.C. 154, 301, 303, 

308, 309 and 332. 

Section Number and Title: 

24.839(a)(1) and (2) Transfer of control or 

assignment of license. 

Part 52—Numbering 

Subpart C—Number Portability 

Brief Description: Section 52.33 

permits incumbent local exchange 

carriers to file tariffs with the 

Commission establishing a monthly 

number-portability charge, a numberportability query-service charge, and a 

number-portability query/ 

administration charge, to recover 

carrier-specific costs directly related to 

providing long-term number portability. 

The rule also allows all interconnected 

VoIP providers and telecommunications 

carriers that are not incumbent local 

exchange carriers to recover such costs 

in any manner consistent with state and 

federal law and regulation. 

Need: In implementing the statutory 

requirements for number portability and 

the promotion of local exchange 

competition, this rule permits 

telecommunications carriers to recover 

costs of providing long-term number 

portability in a competitively neutral 

manner, as required by section 251(e). 

Legal Basis: 47 U.S.C. 251(b)(2), 

251(d)(1), and 251(e)(2). 

Section Number and Title: 

52.33(a)(1)–(2), (b) Recovery of carrierspecific costs directly related to 

providing long-term number portability. 

Subpart D—Toll Free Numbers 

Brief Description: This rule provides 

that toll free numbers shall be made 

available to subscribers on a first-come, 

first-served basis, unless otherwise 

directed by the Commission. 

Need: The toll free number rules 

enable the Commission to ensure the 

efficient, fair, and orderly allocation of 

toll free numbers, as it is required to do 

under section 251(e) of the 

Communications Act, as amended. The 

Commission has determined that a firstcome, first-served reservation process 

ensures an orderly allocation of toll free 

numbers, avoids the need to resolve 

competing claims among subscribers to 

assignment of particular numbers, and 

avoids problems of accelerated number 

depletion and subscriber disputes about 

reservation priority. 

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

251(e). 

Section Number and Title: 

52.111 Toll free number assignment. 

Part 54—Universal Service 

Subpart A—General Information 

Brief Description: These rules provide 

general information regarding the 

Universal Service Fund, including 

various terms and definitions that are 

referenced throughout section 54 of the 

Commission’s rules. 

Need: In implementing statutory 

requirements for the Universal Service 

Fund, these rules provide necessary 

information regarding terms that may 

have different definitions outside the 

universal service context. 

Legal Basis: 47 U.S.C. 254. 

Section Number and Title: 

54.5 Terms and definitions. 

Subpart B—Services Designated for 

Support 

Brief Description: These rules specify 

the supported services for rural, insular 

and high-cost areas. These rules also 

specify the requirement to offer all 

designated services, as well as provide 

additional time for telecommunications 

carriers to complete network upgrades. 

Need: These rules ensure that rural, 

insular and high-cost areas receive 

support for the specified designated 

telecommunications services. 

Legal Basis: 47 U.S.C. 254. 

Section Number and Title: 

54.101 Supported services for rural, insular 

and high-cost areas. 

Subpart C—Carriers Eligible for 

Universal Service Support 

Brief Description: These rules specify 

the requirements for the designation of 

eligible telecommunications carriers. 

Congress has established that only those 

entities designated as eligible 

telecommunications carriers may 

receive support under the Universal 

Service support mechanism. These rules 

include the requirements regarding the 

relinquishment of designation as an 

eligible telecommunications carrier. 

Need: These rules ensure that the 

designation process for eligible 

telecommunications carriers meets the 

statutory requirements for the Universal 

Service support mechanism. 

Legal Basis: 47 U.S.C. 214(e)(2), 

214(e)(4), 214(e)(6), 254(e). 

Section Number and Title: 

54.201 Definition of eligible 

telecommunications carriers, generally. 

Subpart D—Universal Service Support 

for High-Cost Areas 

Brief Description: These rules specify 

the requirements for the high-cost 

support mechanism. These rules 

provide requirements for how high-cost 

support will be calculated and 

distributed to eligible 

telecommunications providers. 

Need: In implementing statutory 

requirements for the high-cost program 

of the universal service support 

mechanism, these rules ensure that rates 

in rural, insular and high-cost areas, are 

‘‘reasonably comparable’’ to rates 

charged for similar services in urban 

areas. 

Legal Basis: 47 U.S.C. 254(b). 

Section Number and Title: 

54.301 Local switching support. 

54.303 Long term support. 

54.307 Support to a competitive eligible 

telecommunications carrier. 

Subpart E—Universal Service Support 

for Low-Income Consumers 

Brief Description: These rules specify 

the requirements for the Lifeline and 

Linkup Program of the universal service 

support mechanism. The rules establish 

the requirements for eligible consumers 

and eligible telecommunications 

carriers. The rules also establish 

certification and verification 

requirements, as well as recordkeeping 

and auditing requirements. 

Need: In implementing statutory 

requirements for the Lifeline and 

Linkup Program of the universal service 

support mechanism, these rules ensure 

that quality telecommunications 

services are available to low-income 

consumers at reasonable and affordable 

rates. 

Legal Basis: 47 U.S.C. 254(b). 

Section Number and Title: 

54.400 Terms and definitions. 

54.401 Lifeline defined. 

54.403 Lifeline support amount. 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32097 

Subpart F—Universal Service Support 

for Schools and Libraries 

Brief Description: These rules specify 

the requirements for participation in the 

Schools and Libraries Program of the 

universal service support mechanism. 

The rules describe requirements 

regarding eligible entities, and the 

services eligible for discounted support. 

The rules also establish procedures for 

the application process, competitive 

bidding process, and the distribution of 

support. Finally, these rules establish 

recordkeeping and auditing 

requirements. 

Need: In implementing statutory 

requirements for the Schools and 

Libraries support mechanism, these 

rules ensure that eligible schools, 

libraries, and consortia that include 

eligible schools and libraries receive 

discounts for eligible 

telecommunications services, Internet 

access, and internal connections. 

Legal Basis: 47 U.S.C. 254(h)(1)(B). 

Section Number and Title: 

54.502 Supported telecommunications 

services. 

54.503 Other supported special services. 

54.504 Requests for services. 

54.505 Discounts. 

54.506 Internal connections. 

54.507 Cap. 

54.509 Adjustments to the discount matrix. 

54.511 Ordering services. 

54.515 Distributing support. 

54.516 Auditing. 

54.517 Services provided by nontelecommunications carriers. 

54.518 Support for wide area networks. 

54.519 State telecommunications networks. 

Subpart G—Universal Service Support 

for Health Care Providers 

Brief Description: These rules specify 

the requirements for participation in the 

Rural Health Care Program of the 

universal service support mechanism. 

The rules establish the requirements for 

eligible health care providers, and the 

services eligible for discounted support. 

The rules also establish procedures for 

the application process, competitive 

bidding process, and the distribution of 

support. Finally, these rules establish 

recordkeeping and auditing 

requirements. 

Need: In implementing statutory 

requirements for the Rural Health Care 

support mechanism, these rules ensure 

that discounts are available to eligible 

rural health care providers for 

telecommunications services and 

monthly Internet access service charges. 

Legal Basis: 47 U.S.C. 254(h)(2)(A). 

Section Number and Title: 

54.603 Competitive bid requirements. 

54.604 Existing contracts. 

54.605 Determining the urban rate. 

54.609 Calculating support. 

54.619 Audits and recordkeeping. 

54.623 Cap. 

54.625 Support for services beyond the 

maximum supported distance for rural 

health care providers. 

Subpart H—Administration 

Brief Description: These rules specify 

the requirements regarding the 

Universal Service Administrative 

Company, as the permanent 

Administrator for the universal service 

support mechanism. These rules 

establish the Administrator’s functions 

and responsibilities, as well as the 

composition of the Administrator’s 

Board of Directors and Committees. 

These rules also establish requirements 

regarding contributions and contributor 

reporting requirements. 

Need: In implementing statutory 

requirements for the universal service 

support mechanism, these rules provide 

the framework and requirements for the 

administration of the program. 

Legal Basis: 47 U.S.C. 254. 

Section Number and Title: 

54.701 Administrator of universal service 

support mechanisms. 

54.702 Administrator’s functions and 

responsibilities. 

54.703 The Administrator’s Board of 

Directors. 

54.704 The Administrator’s Chief Executive 

Officer. 

54.705 Committees of the Administrator’s 

Board of Directors. 

54.706 Contributions. 

54.708 De minimis exemption. 

54.709 Computations of required 

contributions to universal service 

support mechanisms. 

54.711 Contributor reporting requirements. 

54.715 Administrative expenses of the 

Administrator. 

Subpart I—Review of Decisions Issued 

by the Administrator 

Brief Description: These rules specify 

the requirements regarding review of 

decisions issued by the Universal 

Service Administrative Company. These 

rules establish the filing requirements, 

review process, and the treatment of 

disbursements during the pending 

review process. 

Need: In implementing statutory 

requirements for the universal service 

support mechanism, these rules provide 

the framework and requirements for the 

review of decisions issued by the 

Administrator. 

Legal Basis: 47 U.S.C. 254. 

Section Number and Title: 

54.719 Parties permitted to seek review of 

Administrator decisions. 

54.720 Filing deadlines. 

54.721 General filing requirements. 

54.722 Review by the Wireline Competition 

Bureau or the Commission. 

54.723 Standard of review. 

54.724 Time periods for Commission 

approval of Administrator decisions. 

54.725 Universal service disbursements 

during pendency of a request for review 

and Administrator decision. 

Part 61—Tariffs 

Subpart E—General Rules for Dominant 

Carriers 

Brief Description: The Part 61 rules 

are designed to implement the 

provisions of sections 201, 202, 203, and 

204 of the Communications Act of 1934, 

as amended, and help ensure that rates 

are just, reasonable, and not unjustly or 

unreasonably discriminatory. The rules 

govern the filing, form, content, public 

notice periods, and accompanying 

support materials for tariffs. Section 

61.52(c) requires incumbent local 

exchange carriers to file tariffs and 

associated documents electronically. 

Need: This rule makes the filing of 

tariffs and associated documents easier 

and less expensive for carriers, and 

expedites the availability of tariffs and 

associated documents for public 

inspection. 

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

154(j), 201–205, and 403. 

Section Number and Title: 

61.52(c) Form, size, type, legibility, etc. 

Brief Description: The Part 61 rules 

are designed to implement the 

provisions of sections 201, 202, 203, and 

204 of the Communications Act of 1934, 

as amended, and help ensure that rates 

are just, reasonable, and not unjustly or 

unreasonably discriminatory. The rules 

govern the filing, form, content, public 

notice periods, and accompanying 

support materials for tariffs. Section 

61.58 establishes notice requirements 

for filed tariffs. Section 61.58(e) 

provides notice requirements for tariffs 

filed by non-price cap carriers. 

Need: Section 61.58(e) was adopted to 

provide adequate opportunity for review 

of tariffs filed by non-price cap carriers. 

The periods were shortened to reduce 

carriers’ regulatory burden without 

restricting the Commission’s ability to 

perform its statutory duty. 

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

154(j), 201–205, and 403. 

Section Number and Title: 

61.58(e) Notice requirements. 

Part 64—Miscellaneous Rules Relating 

to Common Carriers 

Subpart G—Furnishing of Enhanced 

Services and Customer-Premises 

Equipment by Communications 

Common Carriers; Telephone Operator 

Services 

Brief Description: This rule specifies 

that providers of operator services must 

32098 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

disclose to the consumer, at no charge 

and before connecting any interstate 

non-access code operator service call, 

how to obtain the total cost of the call 

before providing further oral advice to 

the consumer on how to proceed to 

make the call. 

Need: These provisions address the 

problem of widespread consumer 

dissatisfaction with the high rates 

charged by many operator services 

providers for calls from public phones 

and other aggregator locations such as 

hotels, hospitals, and educational 

institutions. The rules were designed to 

ensure that consumers receive sufficient 

information about the rates they will 

pay for operator services at public 

phones and other aggregator locations, 

thereby fostering a more competitive 

operator service provider marketplace. 

Legal Basis: 47 U.S.C. 151, 154, 160, 

201–205, 215, 218, 226, 254. 

Section Number and Title: 

64.703(a)(4) Consumer information. 

Brief Description: These rules exempt 

Commercial Mobile Radio Service 

(CMRS) aggregators (entities that make 

telephones available to the public or to 

transient users of the entity’s premises 

for interstate calls using a provider of 

CMRS operator services) and providers 

of CMRS operator services from the 

general rules (a) prohibiting aggregators 

from blocking consumers from calling 

800 and 950 access code numbers to 

access the consumer’s choice of operator 

services providers; and (b) restricting 

charges related to the provision of 

operator services (e.g., prohibiting 

operator service providers from billing 

for unanswered telephone calls). 

Need: The Commission has 

determined that the equal access and 

unblocking regulations established in 

this section are generally unnecessary to 

protect consumers of CMRS, and would 

increase the cost of CMRS service 

without producing any identifiable 

benefits. 

Legal Basis: 47 U.S.C. 154, 201, 218, 

226(e). 

Section Number and Title: 

64.704(e) Call blocking prohibition/ 

exemption for CMRS aggregators and 

CMRS operator services providers. 

64.705(c) Restrictions on charges related to 

the provision of operator services/ 

exemption for CMRS aggregators and 

CMRS operator services providers. 

Brief Description: These rules define a 

‘‘CMRS aggregator’’ as ‘‘an aggregator 

that, in the ordinary course of its 

operations, makes telephones available 

to the public or to transient users of its 

premises for interstate telephone calls 

using a provider of CMRS operator 

services;’’ ‘‘CMRS operator services’’ as 

operator services provided by means of 

a commercial mobile radio service; and 

‘‘Provider of CMRS operator services’’ as 

a provider of operator services that 

provides CMRS operator services. 

Need: These rules define and provide 

necessary information regarding specific 

types of service providers that are 

exempt from certain portions of the 

rules in this subpart and that may have 

different definitions outside of this 

context. 

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

218, 226, 332. 

Section Number and Title: 

64.708(d) Definitions: CMRS aggregator. 

64.708(e) Definitions: CMRS operator 

services. 

64.708(k) Definitions: Provider of CMRS 

operator services. 

Brief Description: Section 64.709 

provides for the filing of operator 

service informational tariffs, and 

requires that such tariffs must include 

specific rates expressed in dollars and 

cents, as well as applicable per-call 

aggregator surcharges or other per-call 

fees, if any, that are collected from 

consumers. 

Need: This provision seeks to make 

operator service provider informational 

tariffs more useful to consumers, 

allowing them to make rational 

purchasing decisions, and impose 

market-based discipline on operator 

service providers. 

Legal Basis: 47 U.S.C. 226(h)(1)(A). 

Section Number and Title: 

64.709 Informational tariffs. 

Brief Description: This rule 

establishes certain requirements for 

operator services providers serving 

prison inmates, such as required 

disclosures concerning call rates and 

total costs, and requiring service 

providers to allow prisoners to 

terminate a call at no charge before the 

call is connected. 

Need: This provision furthers the 

Commission’s statutory obligation to 

‘‘ensur[e] that consumers have the 

opportunity to make informed choices’’ 

in using operator services to place 

interstate telephone calls. The 

Commission adopted price disclosure 

rules for providers of inmate operator 

services that are similar to those 

applicable to operator service providers 

in order to ‘‘eliminate some of the 

abusive practices that have led to 

complaints’’ and to protect recipients of 

collect calls from inmates from being 

charged excessive rates by a monopoly 

provider. 

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

154, 160, 201–205, 215, 218, 226, 254. 

Section Number and Title: 

64.710 Operator services for prison inmate 

phones. 

Subpart U—Customer Proprietary 

Network Information 

Brief Description: These rules provide 

general information, including various 

terms and definitions referenced 

throughout subpart U, regarding the 

proper use of customer proprietary 

network information (CPNI), and the 

duty of telecommunications carriers to 

protect the confidentiality of CPNI. 

Need: Congress recognized that the 

new competitive market forces and 

technology ushered in by the 1996 Act 

had the potential to threaten consumer 

privacy interests, and therefore enacted 

section 222 to prevent consumer privacy 

protections from being inadvertently 

swept away along with the prior limits 

on competition. The CPNI regulations in 

section 222 are largely consumer 

protection provisions that establish 

restrictions on carrier use and 

disclosure of personal customer 

information. The statutory design 

expressly recognizes the duty of all 

carriers to protect customer information 

and embodies the principle that 

customers must be able to control 

information they view as sensitive and 

personal from use, disclosure, and 

access by carriers. 

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

254(k). 

Section Number and Title: 

64.2001 Basis and purpose. 

64.2003 Definitions. 

Brief Description: This rule describes 

the circumstances under which 

telecommunications carriers may, and 

may not, use, disclose or permit access 

to CPNI without prior customer 

approval. 

Need: These rules further Congress’ 

goals of fostering competition in 

telecommunications markets and 

ensuring the privacy of customer 

information. 

Legal Basis: 47 U.S.C. 154, 201, 218, 

222, 254(k). 

Section Number and Title: 

64.2005 Use of customer proprietary 

network information without customer 

approval. 

Brief Description: This rule 

establishes the methods 

telecommunications carriers may use to 

obtain valid prior customer approval for 

the use of CPNI; requires carriers to 

maintain the customer’s approval or 

disapproval in effect until the customer 

revokes or limits it; and requires carriers 

to maintain records of customer 

approval for at least one year. 

Need: These rules further Congress’ 

goals of fostering competition in 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32099 

telecommunications markets and 

ensuring the privacy of customer 

information. 

Legal Basis: 47 U.S.C. 154, 201, 218, 

222, 254(k). 

Section Number and Title: 

64.2007 Approval required for use of 

customer proprietary network 

information. 

Brief Description: This rule requires 

carriers to provide notice to customers 

of their right to restrict the use of, 

disclosure of, and access to the 

customer’s CPNI, establishes the 

methods for providing and the required 

content of such notice, and requires 

carriers to maintain records of this 

notification for at least one year. 

Need: These rules further Congress’ 

goals of fostering competition in 

telecommunications markets and 

ensuring the privacy of customer 

information. 

Legal Basis: 47 U.S.C. 154, 201, 218, 

222, 254(k). 

Section Number and Title: 

64.2008 Notice required for use of customer 

proprietary network information. 

Brief Description: This rule 

establishes safeguards that carriers must 

implement to ensure compliance with 

the Commission’s CPNI regulations, 

including specific record keeping, 

personnel training, and disciplinary, 

compliance and certification processes. 

Need: These rules further Congress’ 

goals of fostering competition in 

telecommunications markets and 

ensuring the privacy of customer 

information. 

Legal Basis: 47 U.S.C. 154, 201, 218, 

222, 254(k). 

Section Number and Title: 

64.2009 Safeguards required for use of 

customer proprietary network 

information. 

Part 69—Access Charges 

Subpart C—Computation of Charges for 

Price Cap Local Exchange Carriers 

Brief Description: The Part 69 rules 

are designed to implement the 

provisions of sections 201 and 202 of 

the Communications Act of 1934, as 

amended, and to protect consumers by 

helping to prevent the exercise of 

market power by incumbent local 

exchange carriers. Section 69.153 allows 

price cap LECs to assess a per-line 

charge on multi-line business 

subscribers’ presubscribed 

interexchange carriers. This charge is 

designed to reflect the non-traffic 

sensitive nature of local loop costs. 

Section 69.153(e) establishes the 

maximum monthly presubscribed 

interexchange carrier charge (PICC) 

price cap LECs may assess for Centrex 

lines, adopting a ratio of up to nine 

Centrex lines for one private branch 

exchange (PBX) trunk. 

Need: Section 69.153(e) provides 

similar regulatory treatment with regard 

to PICC between the functionally 

equivalent Centrex and PBX trunk 

services. 

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

203, 205, 218, 220, 254, 403. 

Section Number and Title: 

69.153 Presubscribed interexchange carrier 

charge (PICC). 

Part 73—Broadcast Radio Services 

Subpart E—Television Broadcast 

Stations 

Brief Description: These rules specify 

showings that must be made in 

applications filed by TV broadcast 

stations who wish to use electrical beam 

tilt. 

Need: In implementing statutory 

requirements for the transition to digital 

broadcasting, these rules set forth 

technical showings that applicants must 

provide when applying to use electrical 

beam tilt to increase the power of an 

UHF DTV station. These showings are 

necessary for Commission staff 

evaluation of competing applications for 

DTV stations. 

Legal Basis: 47 U.S.C. 154, 303, 334, 

336. 

Section Number and Title: 

73.625(c)(5) DTV coverage of principal 

community and antenna system. 

Subpart H—Rules Applicable to All 

Broadcast Stations 

Brief Description: The Part 73 rules 

state the general rules applicable to all 

broadcast services. Subpart H sets forth 

the rules common to all AM, FM, TV 

and Class A TV broadcast services, 

commercial and noncommercial. This 

rule applies the prohibition of collusion 

to all broadcast services subject to 

competitive bidding. 

Need: These rules are needed to 

implement the Commission’s 

competitive bidding authority for 

broadcast services under Section 309(j) 

of the Communications Act of 1934, as 

amended, and to confirm that the 

Commission’s rules prohibiting 

collusion applies to all broadcast 

services subject to competitive bidding. 

This section conforms the auction rules 

and procedures for broadcast 

construction permits with the 

Commission’s Part 1 auction rules. 

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

334 and 336. 

Section Number and Title: 

73.3525(1) Agreements for removing 

application conflicts. 

Brief Description: This rule applies 

subsections (c) and (d) of Section 

73.3597 to mutually exclusive 

noncommercial applications filed after 

the release of 1998 Biennial Regulatory 

Review, Streamlining of Mass Media 

Applications, Rules, and Processes, MM 

Docket 98–43, 13 FCC Rcd 23056 (Nov. 

25, 1998). 

Need: This section clarifies which 

applications are subject to subsections 

(c) and (d) of this rule. 

Legal Basis: 47 U.S.C. 154, 301, 303, 

307, 308, and 309. 

Section Number and Title: 

73.3597(c)(1)(iii) Procedures on transfer and 

assignment applications. 

Brief Description: This rule eliminates 

the requirement that sales agreements 

and contracts be filed with the 

Commission within thirty days of 

execution, where the reporting entity 

has already filed the sales contract with 

an assignment or transfer application. 

Need: This section reduces the filing 

burdens on licensees. 

Legal Basis: 47 U.S.C. 154, 301, 303, 

307, 308, and 309. 

Section Number and Title: 

73.3613(b)(7) Filing of contracts. 

Subpart I—Procedures for Competitive 

Bidding and for Applications for 

Noncommercial Educational Broadcast 

Stations on Non-Reserved Channels 

Brief Description: The Part 73 rules 

state the general rules for broadcast 

services. Subpart I sets forth the 

procedures for competitive bidding and 

applications for non-commercial 

educational broadcast stations on nonreserved channels. The rules below 

implement amended Section 309(j) of 

the Communications Act, which 

requires the Commission to use auctions 

to select from among all mutually 

exclusive applications broadcast 

construction permits. 

Need: These rules amend the 

disparate application procedures for the 

various broadcast services to establish a 

uniform window filing approach. These 

rules also conform the procedures for 

auctioning mutually exclusive 

applications for broadcast construction 

permits to the Commission’s Part 1 

auction rules. 

Legal Basis: 47 U.S.C. 154, 301, 303, 

309 (j), 334, and 336. 

Section Number and Title: 

73.5000 Services subject to competitive 

bidding. 

73.5002 Application and certification 

procedures; return of mutually exclusive 

applications not subject to competitive 

bidding procedures; prohibition of 

collusion. 

73.5003 Submission of full payments. 

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73.5005 Filing of long-form applications. 

73.5006 Filing of petitions to deny against 

long-form applications. 

73.5007 Designated entity provisions. 

73.5008 Definitions applicable for 

designated entity provisions. 

73.5009 Assignment of transfer of control. 

Part 74—Experimental Radio, 

Auxiliary, Special Broadcast and Other 

Program Distributional Services 

Subpart L—FM Broadcast Translator 

Stations and FM Broadcast Booster 

Stations 

Brief Description: These rules set forth 

technical standards for FM translator 

and booster stations along the United 

States borders. 

Need: These rules are necessary to 

prevent interference with Canadian and 

Mexican broadcast stations. 

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

and 554. 

Section Number and Title: 

74.1235(d)(1), (2) and (3) Power limitations 

and antenna systems. 

Part 79—Closed Captioning and Video 

Description of Video Programming 

Brief Description: In 1996, Congress 

added section 713 to the 

Communications Act of 1934, as 

amended (the Act), requiring the 

Commission to adopt rules for the 

closed captioning of video 

programming. Among other things, 

these rules establish implementation 

schedules, provide for who is 

responsible for compliance and how 

compliance is determined, and set forth 

categorical, self-implementing 

exemptions from the rules. In 1998, the 

Commission added another selfimplementing exemption to those it 

adopted the previous year. This one, 

found at 79.1(d)(13), covers 

instructional programming that is 

locally produced by public television 

stations for use in grades K–12 and post 

secondary schools. Regarding how 

compliance is determined, the 

Commission also added a provision to 

the rules that recognizes that there may 

be times when the captioning 

requirements can be problematic due to 

a variety of factors. As such, 79.1(e)(10) 

states that the Commission will consider 

showings that any lack of captioning 

was de minimis and reasonable under 

the circumstances. 

Need: Closed captioning is the visual 

display of the audio portion of video 

programming. These rules implement 

section 713 of the Act, through which 

Congress required that video 

programming be closed captioned in 

order to ensure access by persons with 

hearing disabilities to video 

programming. The 1998 rule changes 

allow for certain educational 

programming to be exempt from the 

closed captioning rules, because such 

programming is not intended for 

widespread distribution, and it is 

subject anyway to other Federal 

requirements that ensure that adequate 

efforts will be taken to make it 

accessible on a case by case basis. The 

rule changes also provide guidance as to 

how the Commission will address 

complaints regarding lack of closed 

captioning where the lack of captioning 

arguably was de minimis and reasonable 

under the circumstances. 

Legal Basis: 47 U.S.C. 613 

Section Number and Title: 

79.1(d)(13), (e)(10) Closed captioning of 

video programming. 

Part 80—Stations in the Maritime 

Services 

Subpart B—Applications and Licenses 

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 B sets forth 

the procedures and requirements for the 

filing of applications for license to 

operate radio facilities in the maritime 

services. 

Need: These rules establish an 

exemption for certain vessels from 

annual inspection and requirements for 

partitioning licenses and disaggregating 

spectrum. 

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

309, and 332. 

Section Number and Title: 

80.59(d)(2) Compulsory ship inspections. 

80.60 Partitioned licenses and 

disaggregated spectrum. 

Subpart C—Operating Requirements 

and Procedures 

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 C sets forth 

the technical, operational, and 

administrative requirements for use of 

the spectrum and equipment for stations 

in the maritime services. 

Need: This rule permits certain VHF 

public coast licensees and certain 

automated maritime 

telecommunications system (AMTS) 

coast licensees to transfer or assign their 

channel(s) or channel block(s) to 

another entity. 

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

309, and 332. 

Section Number and Title: 

80.70(c) Special conditions relative to coast 

station VHF facilities. 

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; working; digital 

selective calling; narrow-band directprinting; and facsimile for stations 

within the maritime services. 

Need: These rules list and establish 

requirements for the radiotelephony 

working frequencies assignable to 

Marine VHF 156–162 MHz band public 

coast stations for public correspondence 

communications with ship stations and 

units on land. 

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

309, and 332. 

Section Number and Title: 

80.371(c)(1)(i), (ii), (iii), (2), (3), and (4)

Public correspondence frequencies. 

Subpart Y—Competitive Bidding 

Procedures 

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 Y sets forth 

the rules governing the use of 

competitive bidding to resolve mutually 

exclusive VHF Public Coast Service 

Area (VPCSA) and automated maritime 

telecommunications system (AMTS) 

applications for initial licenses. 

Need: These rules are needed to 

implement the Commission’s 

competitive bidding authority under 47 

U.S.C. 309(j). The provisions in 80.1252 

are necessary to administer the 

Commission’s designated entity 

program under which small businesses 

meeting certain eligibility criteria may 

receive bidding credits on their winning 

bids. 

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

309, and 332. 

Section Number and Title: 

80.1251 Maritime communications 

[services] subject to competitive bidding. 

80.1252 Designated entities. 

Part 90—Private Land Mobile Radio 

Services 

Subpart J—Non-Voice and Other 

Specialized Operations 

Brief Description: The Part 90 rules 

state the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. Subpart J 

sets forth requirements and standards 

for licensing and operation of non-voice 

and other specialized radio uses, 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32101 

including secondary signaling, 

telemetry, radioteleprinter, 

radiofacsimile, automatic vehicle 

monitoring, radio call box, relay, 

vehicular repeater, and control station 

operations. 

Need: This rule permits the use of 

40.66–40.70 MHz and 216–220 MHz 

frequency bands for the tracking of, and 

the telemetry of scientific data from 

ocean buoys and animal wildlife. 

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

332. 

Section Number and Title: 

90.248 Wildlife and ocean buoy tracking. 

Subpart M—Intelligent Transportation 

Systems Radio Service 

Brief Description: The Part 90 rules 

state the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety 

Pool, Industrial/Business Radio Pool, 

and Radiolocation Radio Services. 

Subpart M governs Intelligent 

Transportation Systems radio services, 

which include the Location and 

Monitoring Service (LMS) and 

Dedicated Short Range Communications 

Service (DSRCS). 

Need: The rule, permits LMS 

licensees to partition licenses and 

disaggregate spectrum, and is intended 

to allow auction winners of LMS 

spectrum to customize their LMS 

systems to suit their business plans and 

helps remove entry barriers for small 

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

161, 303(g), 303(r), 332(c)(7). 

Section Number and Title: 

90.365 Partitioned licenses and 

disaggregated spectrum. 

Subpart R—Regulations Governing the 

Licensing and Use of Frequencies in the 

764–776 and 794–806 MHz Bands 

Brief Description: The Part 90 rules 

state the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety 

Pool, Industrial/Business Radio Pool, 

and Radiolocation Radio Services. 

Subpart R sets forth the regulations 

governing the licensing and operations 

of all systems operating in the 763–775 

MHz and 793–805 MHz frequency 

bands. 

Need: The identified rules govern 

eligibility as well as operational, 

planning and licensing requirements 

and standards for stations licensed in 

the 763–775 MHz and 793–805 MHz 

bands. 

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

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

Section Number and Title: 

90.521 Scope. 

90.523 Eligibility. 

90.527 Regional plan requirements. 

90.531 Band plan. 

90.533 Transmitting sites near the U.S./ 

Canada or U.S./Mexico border. 

90.535 Modulation and spectrum usage 

efficiency requirements. 

90.537 Trunking requirement. 

90.539 Frequency stability. 

90.541 Transmitting power limits. 

90.543 Emission limitations. 

90.545 TV/DTV interference protection 

criteria. 

90.549 Transmitter certification. 

90.551 Construction requirements. 

Subpart T—Regulations Governing 

Licensing and Use of Frequencies in the 

220–222 MHz Band 

Brief Description: The Part 90 rules 

state the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. Subpart T 

sets forth the administrative, 

operational, and technical rules 

governing licensing and use of 

frequencies in the 220–222 MHz Band, 

including eligibility, frequency and 

channel availability, permissible 

operations, frequency selection and 

assignment, and construction 

requirements. 

Need: These rules calculate Phase I 

licensee service areas based on 

predicted service contours; inform 

Phase I licensees when they may add, 

remove, or modify a transmitter site 

within their existing service area 

without prior notification to the 

Commission; when they may exchange 

multiple licenses for a single 

authorization and when adding, 

removing or modifying a site requires 

coordination of those actions to avoid 

and resolve issues of harmful 

interference. 

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

332. 

Section Number and Title: 

90.723(g) and (h) Selection and assignment 

of frequencies. 

90.745 Phase I licensee service areas. 

Subpart X—Competitive Bidding 

Procedures for Location and Monitoring 

Service 

Brief Description: The part 90 rules 

state the conditions under which radio 

communications systems may be 

licensed and used in the Public Safety, 

Industrial/Business Radio Pool, and 

Radiolocation Radio Services. Subpart X 

sets forth the rules governing the use of 

competitive bidding to resolve mutually 

exclusive multilateration Location and 

Monitoring Service applications for 

initial licenses. 

Need: These rules are needed to 

implement the Commission’s 

competitive bidding authority under 47 

U.S.C. 309(j). The provisions in 90.1103 

are necessary to administer the 

Commission’s designated entity 

program under which small businesses 

meeting certain eligibility criteria may 

receive bidding credits on their winning 

bids. 

Legal Basis: 47 U.S.C. 154, 161, 303, 

309, and 332. 

Section Number and Title: 

90.1101 Location and monitoring service 

subject to competitive bidding. 

90.1103 Designated entities. 

Part 95—Personal Radio Services 

Subpart A—General Mobile Radio 

Service (GMRS) 

Brief Description: The Part 95 rules 

govern the Personal Radio Services, 

including the General Mobile Radio 

Service, Family Radio Service, Radio 

Control Radio Service, Citizens Band 

Radio Service, 218–219 MHz Service, 

Low Power Radio Service, Wireless 

Medical Telemetry Service, Medical 

Implant Communications Service, and 

Multi-Use Radio Service. Subpart A 

applies to the General Mobile Radio 

Service. 

Need: The rule informs station 

operators which communications are 

prohibited, including messages for hire, 

false or deceptive messages, and 

messages in connection with any illegal 

activity. 

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

Section Number and Title: 

95.183 Prohibited communications. 

Part 97—Amateur Radio Service 

Subpart A—General Provisions 

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 A contains 

administrative, technical, and 

operational requirements for use of the 

spectrum and equipment in the amateur 

radio service. 

Need: This rule provides guidance on 

the issuance of International Amateur 

Radio Permits (IARP). 

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

Section Number and Title: 

97.5(e) Station license required. 

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: The rule suspends amateur 

station transmitting in the 76–77 GHz 

segment of the 4 mm band. 

32102 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

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

Section Number and Title: 

97.303(r) Frequency sharing requirements. 

Part 101—Fixed Microwave Services 

Subpart A—General 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service, Local Multipoint Distribution 

Service (LMDS), 39 GHz, Multiple 

Address Service (MAS), Multichannel 

Video Distribution and Data Service 

(MVDDS) and 70–80–90 GHz fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart A sets 

forth the scope of and authority for the 

remaining rules in Part 101, as well as 

setting forth definitions of certain terms 

used in the remaining rules. 

Need: The identified rule is necessary 

to refer to the rules of practice and 

procedure in Part 1 of the rules that are 

applicable to services regulated under 

Part 101 of the rules. 

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

Section Number and Title: 

101.1(a) Scope and authority. 

Subpart B—Applications and Licenses 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service, Local Multipoint Distribution 

Service (LMDS), 39 GHz, Multiple 

Address Service (MAS), Multichannel 

Video Distribution and Data Service 

(MVDDS) and 70–80–90 GHz fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart B sets 

forth the rules governing applications 

and licenses in those fixed microwave 

services subject to Part 101. 

Need: The identified rules are 

necessary to establish service areas and 

performance requirements for the 38.6– 

40.0 GHz band, allow partitioning and 

disaggregation in that band, define the 

general filing requirements for licensees 

in the private operational, common 

carrier, LTTS, 24 GHz, LMDS, MAS, 

MVDDS and 70–80–90 GHz Services 

and to provide specific procedures for 

the licensing, operation, and 

modification of facilities in those 

services. 

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

Section Number and Title: 

101.17 Performance requirements for the 

38.6–40.0 GHz frequency band. 

101.31(e)(1)(viii) Temporary and 

conditional authorizations. 

101.56 Partitioned service areas (PSAs) and 

disaggregated spectrum. 

101.64 Service areas. 

Subpart C—Technical Standards 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service and Local Multipoint 

Distribution Service (LMDS), 39 GHz, 

Multiple Address Service (MAS), 

Multichannel Video Distribution and 

Data Service (MVDDS) and 70–80–90 

GHz fixed, microwave operations that 

require transmitting facilities on land or 

in specified offshore coastal areas 

within the continental shelf. Subpart C 

sets forth the technical requirements for 

such services. 

Need: The identified rules are 

necessary to assign frequencies for 

systems in the 38.6–40 GHz band on an 

Economic Area service area basis and to 

clarify that non-LMDS operations in the 

31,000–31,300 MHz band licensed after 

March 11, 1997 are secondary to Local 

Multipoint Distribution Service 

operations and are unprotected with 

respect to each other. 

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

Section Number and Title: 

101.103(b)(3) Frequency coordination 

procedures. 

101.147(v)(2) Frequency assignments. 

Subpart N—Competitive Bidding 

Procedures for the 38.6–40.0 GHz Band 

Brief Description: The part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service and Local Multipoint 

Distribution Service (LMDS), 39 GHz, 

Multiple Address Service (MAS), 

Multichannel Video Distribution and 

Data Service (MVDDS) and 70–80–90 

GHz fixed, microwave operations that 

require transmitting facilities on land or 

in specified offshore coastal areas 

within the continental shelf. Subpart N 

sets forth the rules governing the use of 

competitive bidding to resolve mutually 

exclusive applications for initial 

licenses in the 38.6–40.0 GHz Band. 

Need: These rules are needed to 

implement the Commission’s 

competitive bidding authority under 47 

U.S.C. 309(j). The provisions in 47 CFR 

101.1208 and 101.1209 are necessary to 

administer the Commission’s designated 

entity program under which small 

businesses meeting certain eligibility 

criteria may receive bidding credits on 

their winning bids. 

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

309. 

Section Number and Title: 

101.1201 38.6–40.0 GHz subject to 

competitive bidding. 

101.1208 Bidding credits for small 

businesses. 

101.1209 Definitions. 

[FR Doc. E9–15928 Filed 7–6–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1362; MB Docket No. 09–98; RM– 

11536] 

Radio Broadcasting Services; Leupp, 

AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR Section 

73.202(b). The Commission requests 

comment on a petition filed by Cochise 

Broadcasting LLC, licensee of FM 

Station KZXK, Doney Park, Arizona. 

Petitioner proposes the substitution of 

FM Channel 293C2 for vacant Channel 

255C2 at Leupp, Arizona. The purpose 

of the requested channel substitution at 

Custer is to allow FM Station KZXK to 

go from being a short-spaced station 

authorized pursuant to Section 73.215 

of the Commission’s rules and using a 

directional antenna to a fully-spaced 

station using an omnidirectional 

antenna. Channel 293C2 can be allotted 

at Leupp in compliance with the 

Commission’s minimum distance 

separation requirements without site 

restriction at 35–17–02 North Latitude 

and 110–57–52 West Longitude. See 

SUPPLEMENTARY INFORMATION infra. 

DATES: Comments must be filed on or 

before August 10, 2009, and reply 

comments on or before August 25, 2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve 

petitioner’s counsel as follows: Susan A. 

Marshall, Esq., Ann Goodwin Crump, 

Esq., Fletcher, Heald & Hildreth, P.L.C., 

1300 N. 17th Street—Eleventh Floor, 

Arlington, Virginia 22209.