[October 31,2005 (Volume 70, Number 209)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua051050.wais] [Page 65540-65601] Federal Communications Commission ----------------------------------------------------------------------- Part L ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 65540]] FEDERAL COMMUNICATIONS COMMISSION (FCC) _______________________________________________________________________ FEDERAL COMMUNICATIONS COMMISSION 47 CFR Ch. I Unified Agenda of Federal Regulatory and Deregulatory Actions--Fall 2005 AGENCY: Federal Communications Commission. ACTION: Semiannual regulatory agenda. _______________________________________________________________________ SUMMARY: Twice a year, in spring and fall, the Commission publishes in the Federal Register a list in the Unified Agenda of those major items and other significant proceedings under development or review that pertain to the Regulatory Flexibility Act. (U.S.C. 602). The Unified Agenda also provides the Code of Federal Regulations citations and legal authorities that govern these proceedings. ADDRESSES: Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Maura McGowan, Telecommunications Specialist, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, (202) 418-0990. SUPPLEMENTARY INFORMATION: Unified Agenda of Major and Other Significant Proceedings The Commission encourages public participation in its rulemaking process. To help keep the public informed of significant rulemaking proceedings, the Commission has prepared a list of important proceedings now in progress. The General Services Administration publishes the Unified Agenda in the Federal Register in the spring and fall of each year. The following terms may be helpful in understanding the status of the proceedings included in this report: Docket Number -- assigned to a proceeding if the Commission has issued either a Notice of Proposed Rulemaking or a Notice of Inquiry concerning the matter under consideration. The Commission has used docket numbers since January 1, 1978. Docket numbers consist of the last two digits of the calendar year in which the docket was established plus a sequential number that begins at 1 with the first docket initiated during a calendar year (e.g., Docket No. 96-1 or Docket No. 99-1). The abbreviation for the responsible bureau usually precedes the docket number, as in ``MM Docket No. 96-222,'' which indicates that the responsible bureau is the Mass Media Bureau (now the Media Bureau). A docket number consisting of only five digits (e.g., Docket No. 29622) indicates that the docket was established before January 1, 1978. Notice of Inquiry (NOI) -- issued by the Commission when it is seeking information on a broad subject or trying to generate ideas on a given topic. A comment period is specified during which all interested parties may submit comments. Notice of Proposed Rulemaking (NPRM) -- issued by the Commission when it is proposing a specific change to Commission rules and regulations. Before any changes are actually made, interested parties may submit written comments on the proposed revisions. Further Notice of Proposed Rulemaking (FNPRM) --issued by the Commission when additional comment in the proceeding is sought. Memorandum Opinion and Order (MO&O) -- issued by the Commission to deny a petition for rulemaking, conclude an inquiry, modify a decision, or address a petition for reconsideration of a decision. Rulemaking (RM) Number -- assigned to a proceeding after the appropriate bureau or office has reviewed a petition for rulemaking, but before the Commission has taken action on the petition. Report and Order (R&O) -- issued by the Commission to state a new or amended rule or state that the Commission rules and regulations will not be revised. Marlene H. Dortch, Secretary, Federal Communications Commission. CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3829 Policies and Rules Governing Interstate Pay-Per-Call and Other Information Services 3060-AG42 Pursuant to the Telecommunications Act of 1996 (CC Docket Nos. 96-146, 93-22)......... 3830 Implementation of the Subscriber Selection Changes Provision of the Telecommunications 3060-AG46 Act of 1996; CC Docket No. 94-129..................................................... 3831 Implementation of Section 255 and Section 251(a)(2) of the Telecommunications Act of 3060-AG58 1996; Access to Telecommunications Services Equipment and Customer Premise Equipment for Persons With Disabilities......................................................... 3832 In the Matter of the Telecommunications Relay Services, the Americans With 3060-AG75 Disabilities Act of 1990, and the Telecommunications Act of 1996; CC Docket No. 90-571 3833 In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for 3060-AG76 Individuals With Hearing and Speech Disabilities, Americans With Disabilities Act of 1990; CC Docket No. 98-67............................................................. 3834 Establishment of Rules Governing Procedures To Be Followed When Informal Complaints 3060-AI02 Are Filed by Consumers Against Entities Regulated by the Commission; CG Docket No. 02- 32.................................................................................... 3835 Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 3060-AI14 1991; CG Docket No. 02-278 (Section 610 Review)....................................... 3836 Rules and Regulations Implementing Section 225 of the Communications Act 3060-AI15 (Telecommunications Relay Service); CG Docket No. 03-123 (Section 610 Review)......... 3837 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited 3060-AI20 Pornography and Marketing Act of 2003 (CG Docket No. 04-53)........................... [[Page 65541]] 3838 Rules and Regulations Implementing Minimum Customer Account Record Exchange 3060-AI58 Obligations on All Local and Interexchange Carriers; CG Docket No. 02-386............. 3839 Truth in Billing and Billing Format................................................... 3060-AI61 ---------------------------------------------------------------------------------------------------------------- ENFORCEMENT BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3840 Emergency Alert System................................................................ 3060-AI49 ---------------------------------------------------------------------------------------------------------------- ENFORCEMENT BUREAU--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3841 Revision of Emergency Alert System Rules.............................................. 3060-AI39 ---------------------------------------------------------------------------------------------------------------- OFFICE OF ENGINEERING AND TECHNOLOGY--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3842 Revision of the Rules Regarding Ultra-Wideband Transmission........................... 3060-AH47 3843 Software Defined Radio Authorization.................................................. 3060-AH64 3844 New Advanced Wireless Services........................................................ 3060-AH65 3845 Part 15 Biennial Review............................................................... 3060-AH92 3846 Unlicensed Devices in the 5 GHz Band.................................................. 3060-AI16 3847 Exposure to Radiofrequency Electromagnetic Fields..................................... 3060-AI17 3848 Coordination Between the Non-Geostationary and Geostationary Satellite Orbit.......... 3060-AI21 3849 Commission Rules Concerning Disruptions to Communications............................. 3060-AI22 3850 Cognitive Radio Technologies.......................................................... 3060-AI23 3851 Broadband Over Power Line Systems..................................................... 3060-AI24 3852 Interference Temperature Operation.................................................... 3060-AI25 3853 Unlicensed Operation of the 3650-3700 Band (ET Doc. No. 04-151)....................... 3060-AI50 3854 WRC-03 Omnibus (ET Doc. No. 04-139)................................................... 3060-AI51 3855 Unlicensed Operation in the TV Broadcast Bands (ET Doc. No. 04-186)................... 3060-AI52 3856 Narrowbanding for Private Land Mobile Radio Service (ET Doc. No. 04-243).............. 3060-AI53 3857 Unlicensed Devices and Equipment Approval (ET Docket No. 03-201)...................... 3060-AI54 3858 DTV Tuner Requirements................................................................ 3060-AI60 ---------------------------------------------------------------------------------------------------------------- OFFICE OF ENGINEERING AND TECHNOLOGY--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3859 MSS Spectrum Allocation............................................................... 3060-AF75 3860 3650-3700 Government Transfer Band.................................................... 3060-AH14 3861 Above 76 GHz.......................................................................... 3060-AI18 ---------------------------------------------------------------------------------------------------------------- [[Page 65542]] OFFICE OF GENERAL COUNSEL--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3862 Amendment of Section 1.1204 of the Commission's Ex Parte Rules........................ 3060-AH58 ---------------------------------------------------------------------------------------------------------------- INTERNATIONAL BUREAU--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3863 Streamlining Earth Station Licensing Rules; IB Docket No. 00-248...................... 3060-AH60 ---------------------------------------------------------------------------------------------------------------- INTERNATIONAL BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3864 Streamlining the Commission's Rules and Regulations for Satellite Application and 3060-AD70 Licensing Procedures (IB Docket No. 95-117)........................................... 3865 Establishing Rules and Policies for the Use of Spectrum for Mobile Satellite Service 3060-AF89 in the L-Band (IB Docket No. 96-132).................................................. 3866 Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in 3060-AF93 the 2310-2360 MHz Frequency Band (IB Docket No. 95-91; GEN Docket No. 90-357)......... 3867 Allocate & Designate: Spec for Fixed-Sat Srv (37.5-38.5, 40.5-41.5 & 48.2-50.2 GHz 3060-AH23 Bands). Allocate: Fixed & Mobile 40.5-42.5 GHz; Wireless 46.9-47 GHz; Gov Oper 37-38 & 40-40.5 GHz; IB Doc No. 97-95......................................................... 3868 1998 Biennial Regulatory Review--Review of Accounts Settlement in Maritime Mobile and 3060-AH30 Maritime Mobile-Satellite Radio Services; IB Doc No. 98-96............................ 3869 Policies and Rules for Non-Geostationary Satellite Orbit, Fixed Satellite Service in 3060-AH93 the KA-Band; IB Docket No. 02-19...................................................... 3870 Space Station Licensing Reform; IB Docket 02-34....................................... 3060-AH98 3871 Flexibility for Delivery of Communications by Mobile Satellite Service Providers in 3060-AI05 the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band; IB Docket No.01-185............. 3872 Mitigation of Orbital Debris; IB Docket No. 02-54..................................... 3060-AI06 3873 In the Matter of Procedures To Govern the Use of Satellite Earth Stations on Board 3060-AI40 Vessels; IB Docket No. 02-10.......................................................... 3874 Amendment of Parts 1 and 63 of the Commission's Rules (Docket 04-47).................. 3060-AI41 3875 Reporting Requirements for U.S. Providers of International Telecommunications Services 3060-AI42 (IB Docket No. 04-112)................................................................ 3876 Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile 3060-AI44 Satellite Service Systems in the 1.6/2.4 GHz Bands; IB Docket No. 02-364.............. 3877 Redesignation of the 17.7-19.7 GHz Band, Blanket Licensing of Satellite Earth 3060-AI46 Stations, & Allocation of Spectrum in the 17.3-17.8 and 24.75-25.25 GHz Bands for Broadcast Satellite Service Use; IB Dock.............................................. 3878 Service Rules and Procedures to Govern the Use of Aeronautical Mobile Satellite 3060-AI67 Service Earth Stations in the Frequency Bands Allocated to the Fixed Satellite Service; IB Docket No. 05-20.......................................................... ---------------------------------------------------------------------------------------------------------------- INTERNATIONAL BUREAU--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3879 Redesignation of the 27.5-29.5 GHz Frequency Band (CC Docket No. 92-297).............. 3060-AF94 3880 Establishment of Policies and Service Rules for the Mobile Satellite Service in the 2 3060-AH28 GHz Band; IB Docket No. 99-81......................................................... 3881 Global Mobile Personal Communications by Satellite; IB Docket No. 99-67............... 3060-AH49 3882 Enforcement of Other Nations' Prohibitions Against the Uncompleted Call Signaling 3060-AH94 Configuration of International Callback Service; IB Docket No. 02-18.................. 3883 Redesignation of the 17.7-19.7 GHz Band, Blanket Licensing of Satellite Earth 3060-AI43 Stations, and Allocation of Spectrum for Broadcast Satellite Service.................. ---------------------------------------------------------------------------------------------------------------- [[Page 65543]] MEDIA BUREAU--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3884 Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of 3060-AI63 Community of License in the Radio Broadcast Services; MB Docket 05-210................ ---------------------------------------------------------------------------------------------------------------- MEDIA BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3885 Cable Television Rate Regulation...................................................... 3060-AF41 3886 Cable Television Rate Regulation: Cost of Service..................................... 3060-AF48 3887 Cable Customer Service Standards (MM 92-263).......................................... 3060-AF69 3888 Filing of Television Network Affiliation Contracts (MM Docket No. 95-40).............. 3060-AF80 3889 Rules Governing Broadcast Television Advertising (MM Docket No. 95-90)................ 3060-AF81 3890 Cable Home Wiring..................................................................... 3060-AG02 3891 Cable Act Reform...................................................................... 3060-AG27 3892 Competitive Availability of Navigation Devices........................................ 3060-AG28 3893 Minor Modifications of Broadcast Licenses Without Prior Construction Permit (MM Docket 3060-AG30 No. 96-58)............................................................................ 3894 Pole Attachment Provisions (CS Docket No. 97-98)...................................... 3060-AG71 3895 Digital Must Carry.................................................................... 3060-AG91 3896 Horizontal Ownership Limits and Attribution Rules..................................... 3060-AH09 3897 Digital Audio Broadcasting Systems (MM Docket No. 99-325)............................. 3060-AH40 3898 Periodic Review of Rules and Policies Affecting the Conversion to DTV................. 3060-AH54 3899 Direct Broadcast Public Interest Obligations; MM Docket No. 93-25..................... 3060-AH59 3900 Children's TV, Obligations of Digital TV Broadcasters (MM Docket No. 00-167).......... 3060-AH68 3901 Extension of Filing Requirements for Children's TV Programming Report (MM Docket No. 3060-AH69 00-44)................................................................................ 3902 Radio Market Definitions (MM Docket No. 03-130)....................................... 3060-AH70 3903 Enhanced and Standardized Disclosure (MM Docket No. 00-168)........................... 3060-AH71 3904 Revision of EEO Rules and Policies; MM Docket No. 98-204.............................. 3060-AH95 3905 Broadcast Multiple and Cross-Ownership Limits......................................... 3060-AH97 3906 Establishment of Rules for Digital Low Power Television, Television Translator, and 3060-AI38 Television Booster Stations (MB Docket 03-185)........................................ 3907 Joint Sales Agreements in Local Television Markets.................................... 3060-AI55 3908 Significantly Viewed Out-of-Market Broadcast Stations (Docket 05-49).................. 3060-AI56 3909 Implementation of Section 210 of the Satellite Home Viewer Extension and 3060-AI64 Reauthorization Act of 2004 to Amend Section 338 of the Communications Act............ 3910 Implementation of Section 207 of the Satellite Home Viewer Extension and 3060-AI65 Reauthorization Act of 2004. Reciprocal Bargaining Obligation......................... 3911 Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 3060-AI66 Procedural Rules...................................................................... ---------------------------------------------------------------------------------------------------------------- MEDIA BUREAU--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3912 Closed Captioning..................................................................... 3060-AG26 ---------------------------------------------------------------------------------------------------------------- OFFICE OF MANAGING DIRECTOR--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3913 Assessment and Collection of Regulatory Fees for FY 2005.............................. 3060-AI59 ---------------------------------------------------------------------------------------------------------------- [[Page 65544]] WIRELESS TELECOMMUNICATIONS BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3914 Amendment of the Commission's Rules Concerning Maritime Communications................ 3060-AF14 3915 Resale and Roaming Obligations Pertaining to Commercial Mobile Radio Services......... 3060-AF58 3916 Implementation of Section 309(j) of the Communications Act, Competitive Bidding; 218- 3060-AG00 219 MHz Competitive Bidding Rules..................................................... 3917 39 GHz Channel Plan................................................................... 3060-AG16 3918 Implementation of 309(j) of the Communications Act, Amendment of Parts 20 and 24 of 3060-AG21 the Commission's Rules -- Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap............................................................ 3919 Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling 3060-AG34 Systems............................................................................... 3920 In the Matter of the Communications Assistance for Law Enforcement Act................ 3060-AG74 3921 Development of Operational, Technical, and Spectrum Requirements for Public Safety 3060-AG85 Communications Requirements........................................................... 3922 Multiple Access Systems............................................................... 3060-AG86 3923 Amendment of Part I of the Commission's Rules--Competitive Bidding Procedures......... 3060-AG87 3924 Amendment of Part 90 of the Rules To Adopt Regulations for Automatic Vehicle 3060-AH12 Monitoring Systems.................................................................... 3925 Fixed Satellite Service and Terrestrial System in the Ku-Band......................... 3060-AH17 3926 Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part 27 of the 3060-AH32 Commission's Rules.................................................................... 3927 Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended 3060-AH33 3928 Amendment to Parts 1, 2, 87, and 101 of the Rules to License Fixed Services at 24 GHz. 3060-AH41 3929 Part 101 -- Terrestrial Microwave Fixed Radio Services................................ 3060-AH42 3930 Amendment of Parts 13 and 80 Governing Maritime Communications........................ 3060-AH55 3931 Amendment of the Rules Regarding Installment Payment Financing for Personal 3060-AH57 Communications Services Licensees..................................................... 3932 Transfer of the 3650 Through 3700 MHz Band From Federal Government Use................ 3060-AH75 3933 2000 Biennial Regulatory Review Spectrum Aggregation Limits for Commercial Mobile 3060-AH81 Radio Services........................................................................ 3934 In the Matter of Promoting Efficient Use of Spectrum Through Elimination of Barriers 3060-AH82 to the Development of Secondary Markets............................................... 3935 In the Matter of Automatic and Manual Roaming Obligations Pertaining to Commercial 3060-AH83 Mobile Radio Services................................................................. 3936 Amendment of Part 90 for Licensing Low Power Operations in 450-470 MHz Band........... 3060-AH84 3937 Review of Quiet Zones Application Procedures.......................................... 3060-AH88 3938 Reallocation and Service Rules for the 698-746 MHz Spectrum Band (Television Channels 3060-AH89 52-59)................................................................................ 3939 Implementation of 911 Act............................................................. 3060-AH90 3940 Year 2000 Part 22 Biennial Review..................................................... 3060-AI26 3941 Air-Ground Telecommunications Services................................................ 3060-AI27 3942 Biennial Regulatory Review--Amendment of Parts 1, 22, 24, 27, and 90 To Streamline and 3060-AI30 Harmonize Various Rules Affecting Wireless Radio Services............................. 3943 Facilitating the Provision of Spectrum--Based Services to Rural Areas................. 3060-AI31 3944 Extending Wireless Telecommunications Services to Tribal Lands........................ 3060-AI32 3945 Amendment of Commission Rules Concerning Airport Terminal Use Frequencies 450-470 MHz 3060-AI33 Band of the Private Land Mobile Radio Services, WT 02-318............................. 3946 Improving Public Safety Communications in the 800 MHz Band Industrial/Land 3060-AI34 Transportation and Business Channels.................................................. 3947 Review of Part 87 of the Commission's Rules Concerning Aviation....................... 3060-AI35 3948 Digital Broadcast Content Protection (MB Docket No. 02-230)........................... 3060-AI37 3949 In the matter of Section 68.4(a) of the Commission's Rules Governing Hearing Aid- 3060-AI57 Compatible Telephones................................................................. ---------------------------------------------------------------------------------------------------------------- WIRELINE COMPETITION BUREAU--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3950 Administration of the North American Numbering Plan................................... 3060-AF50 3951 Use of N11 Codes and Other Abbreviated Dialing Arrangements........................... 3060-AF51 3952 Implementation of the Universal Service Portions of the 1996 Telecommunications Act... 3060-AF85 3953 Toll-Free Service Access Codes........................................................ 3060-AG11 3954 Telecommunications Carriers' Use of Customer Proprietary Network Information and Other 3060-AG43 Customer Information.................................................................. 3955 Access Charge Reform.................................................................. 3060-AG49 3956 Implementation of the Local Competition Provisions of the Telecommunications Act of 3060-AG50 1996.................................................................................. 3957 Enhanced 911 Services for Wireline.................................................... 3060-AG60 [[Page 65545]] 3958 Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced 3060-AG72 Services.............................................................................. 3959 Detariffing of Competitive Local Exchange Carriers' Interstate Exchange Access 3060-AG73 Services.............................................................................. 3960 Prescribing the Authorized Rate of Return for Interstate Services of Local Exchange 3060-AH18 Carriers.............................................................................. 3961 Local Telephone Networks That LECs Must Make Available to Competitors................. 3060-AH44 3962 2000 Biennial Regulatory Review--Telecommunications Service Quality Reporting 3060-AH72 Requirements.......................................................................... 3963 Access Charge Reform and Universal Service Reform..................................... 3060-AH74 3964 2000 Biennial Regulatory Review--Comprehensive Review of the Accounting Requirements 3060-AH76 and ARMIS Reporting Requirements for Incumbent Local Exchange Carriers; Phase 2 and Phase 3............................................................................... 3965 Numbering Resource Optimization....................................................... 3060-AH80 3966 Performance Measurements and Standards for Unbundled Network Elements and 3060-AI00 Interconnection....................................................................... 3967 Performance Measurements and Standards for Interstate Special Access Services......... 3060-AI01 3968 National Exchange Carrier Association Petition........................................ 3060-AI47 3969 IP-Enabled Services................................................................... 3060-AI48 3970 E911 Requirements for IP-Enabled Service Providers.................................... 3060-AI62 ---------------------------------------------------------------------------------------------------------------- WIRELINE COMPETITION BUREAU--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3971 Deployment of Wireline Services Offering Advanced Telecommunications Capability....... 3060-AH03 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions Consumer and Governmental Affairs Bureau _______________________________________________________________________ 3829. POLICIES AND RULES GOVERNING INTERSTATE PAY-PER-CALL AND OTHER INFORMATION SERVICES PURSUANT TO THE TELECOMMUNICATIONS ACT OF 1996 (CC DOCKET NOS. 96-146, 93-22) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 228 CFR Citation: 47 CFR 64.1501 to 1515 Legal Deadline: None Abstract: The Commission received comments on proposed rules designed to implement the 1996 Telecommunications Act with respect to information services to prevent abusive and deceptive practices by entities that might try to circumvent the statutory requirements. The proposed rules address generally the use of dialing sequences other than the 900 service access code to provide information services. The Commission issued an NPRM on these issues July 16, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/26/96 61 FR 39107 Order 07/26/96 61 FR 39084 NPRM Comment Period End 09/16/96 Notice to Refresh Record 03/27/03 68 FR 14939 Comment Period End 05/27/03 NPRM 10/15/04 69 FR 61184 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined URL For More Information: www.fcc.gov/cgb/policy/paypercall.html Agency Contact: Erica H. McMahon, Attorney, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2512 Email: erica.mcmahon@fcc.gov RIN: 3060-AG42 _______________________________________________________________________ 3830. IMPLEMENTATION OF THE SUBSCRIBER SELECTION CHANGES PROVISION OF THE TELECOMMUNICATIONS ACT OF 1996; CC DOCKET NO. 94-129 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 201; 47 USC 258 CFR Citation: 47 CFR 64.1100 to 64.1170; 47 CFR 64.1190; 47 CFR 64.1195 Legal Deadline: None Abstract: In December 1998, the Commission established new rules and policies implementing section 258 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, which makes it unlawful for any telecommunications carrier to ``submit or execute a change in a subscriber's selection of a provider of telecommunications exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe.'' The rules provide, among other things, that any telecommunications carrier that violates such verification procedures and that [[Page 65546]] collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to 150 percent of all charges paid by the subscriber after such violation. In the FNPRM, we sought comment on several proposals to further strengthen our slamming rules. In April 2000, the Commission modified the slamming liability rules by giving victims of slamming adequate redress, ensuring that carriers that slam do not profit from their fraud, and allowing states to act as the primary administrator of slamming complaints. In July 2000, the Commission took further action to improve the existing carrier change process for both consumers and carriers, protect the right of consumers to exercise choice among carriers, and ensure that consumers' choices are honored. In December 2000, the Commission adopted a Biennial Review FNPRM seeking comment on proposals to amend the slamming rules to lighten administrative burdens associated with selling or transferring customer bases by eliminating the need to obtain a waiver, while continuing to protect consumers. In February 2001, the Commission adopted an order modifying and clarifying certain aspects of the reporting and registration requirements it had adopted in July 2000. In May 2001, the Commission adopted streamlined procedures for the carrier-to-carrier sale or transfer of customer bases, as proposed in the Biennial Review FNPRM. In February, 2003, the Commission adopted a Reconsideration Order and Second FNPRM. The Reconsideration Order addresses, amongst other things, the requirement that a carrier's sales agent drop-off a carrier change request phone call once the customer has been connected to an independent third party verifier, and the applicability of our slamming rules to local exchange carriers. In the Second FNPRM, the Commission sought comment on rule modifications with respect to third party verifications. In July, 2004, the Commission release a Fourth Order on Reconsideration disposing of petitions for reconsideration of the streamlined rules for compliance with section 258 of the Act. In November, 2004, a Fifth Order on Reconsideration was released that confirmed certain carrier charge verification rules. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ MO&O on Recon and FNPRM 08/14/97 62 FR 43493 FNPRM Comment Period End 09/30/97 Second Report & Order and Second FNPRM 02/16/99 64 FR 7745 First Order on Recon 04/13/00 65 FR 47678 Third Report & Order and Second Order on Recon 11/08/00 65 FR 66934 Third FNPRM 01/29/01 66 FR 8093 Order 03/01/01 66 FR 12877 First Report & Order and Fourth Report & Order 06/06/01 66 FR 30334 2nd FNPRM 03/17/03 68 FR 19176 3rd Order on Recon 03/17/03 68 FR 19152 2nd FNPRM Comment Period End 06/17/03 4th Order on Recon & First Order on Recon 07/17/04 5th Order on Recon (Release Date) 11/24/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Nancy Stevenson, Attorney, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2512 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: nstevens@fcc.gov RIN: 3060-AG46 _______________________________________________________________________ 3831. IMPLEMENTATION OF SECTION 255 AND SECTION 251(A)(2) OF THE TELECOMMUNICATIONS ACT OF 1996; ACCESS TO TELECOMMUNICATIONS SERVICES EQUIPMENT AND CUSTOMER PREMISE EQUIPMENT FOR PERSONS WITH DISABILITIES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 255; 47 USC 251(a)(2) CFR Citation: 47 CFR 6; 47 CFR 7 Legal Deadline: None Abstract: This proceeding is initiated to implement the provisions of sections 255 and 251(a)(2) of the Communications Act and related sections of the Telecommunications Act of 1996 regarding the accessibility of telecommunications equipment and services to persons with disabilities. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NOI 09/26/96 61 FR 50465 NPRM 05/22/98 63 FR 28456 NPRM Comment Period End 08/14/98 Further NOI 11/19/99 64 FR 63277 Report & Order 11/19/99 64 FR 63235 Further NOI Comment Period End 02/14/00 Public Notice 07/13/00 65 FR 43372 Public Notice 01/07/02 67 FR 678 Public Notice 07/21/04 69 FR 43586 Notice 07/29/04 69 FR 43586 Comment Period End 09/27/04 Notice 02/14/05 70 FR 7503 Comment Period End 03/16/05 Notice 04/06/05 70 FR 17456 Public Notice 07/20/05 70 FR 41755 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, Local, State Federalism: Undetermined Additional Information: Additional Bureau: Wireline Competition Bureau; Wireless Telecommunications Bureau URL For More Information: www.fcc.gov/cgb/dro/section255.html Agency Contact: Cheryl J. King, Deputy Chief, Disability Rights Office, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2284 TDD Phone: 202 418-0410 Fax: 202 418-6219 Email: cheryl.king@fcc.gov RIN: 3060-AG58 [[Page 65547]] _______________________________________________________________________ 3832. IN THE MATTER OF THE TELECOMMUNICATIONS RELAY SERVICES, THE AMERICANS WITH DISABILITIES ACT OF 1990, AND THE TELECOMMUNICATIONS ACT OF 1996; CC DOCKET NO. 90-571 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225 CFR Citation: 47 CFR 64.604 Legal Deadline: None Abstract: This item addresses the requirement that telecommunications relay services be capable of handling any type of call normally provided by common carriers, including coin sent-paid calls. On April 5, 2001, the Commission published a Second FNPRM seeking comment on the coin sent-paid issue. This Second FNPRM suspended the enforcement of section 64.604(a)(3) of our rules until final rules in this proceeding are adopted and published in the Federal Register. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/04/90 55 FR 50037 R&O and Request for Comments 08/01/91 56 FR 36729 Order on Recon & Second R&O 03/03/93 58 FR 12175 FNPRM 03/30/93 58 FR 12204 MO&O 11/28/95 60 FR 58626 Order 09/08/97 62 FR 47152 2nd NPRM 04/05/01 66 FR 18059 5th R&O 02/07/03 68 FR 6352 R & O (Correction) 02/24/03 68 FR 8553 Recon of 5th R&O and Order Comment Deadline 04/04/03 Public Notice 04/15/03 68 FR 18205 Comment Period End for Petitions for Recon 04/30/03 Notice 08/27/04 69 FR 52694 Petitions for Recon of 5th R&O denied 09/01/04 69 FR 53346 Notice 09/01/04 69 FR 53442 Comment Period End 11/01/04 Public Notice 11/12/04 69 FR 65401 Comment Period End 11/30/04 Notice 12/27/04 69 FR 77246 Comment Period End 01/26/05 NPRM 04/06/05 70 FR 17456 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: Additional Bureau: Wireline Competition Bureau Agency Contact: Thomas Chandler, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1475 Email: thomas.chandler@fcc.gov RIN: 3060-AG75 _______________________________________________________________________ 3833. IN THE MATTER OF TELECOMMUNICATIONS RELAY SERVICES AND SPEECH-TO- SPEECH SERVICES FOR INDIVIDUALS WITH HEARING AND SPEECH DISABILITIES, AMERICANS WITH DISABILITIES ACT OF 1990; CC DOCKET NO. 98-67 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225; 47 USC 255; 47 USC 610 CFR Citation: 47 CFR 64.601; 47 CFR 64.603; 47 CFR 64.604; 47 CFR 64.605 Legal Deadline: None Abstract: This proceeding is the latest in a series designed to update and improve telecommunications relay services (TRS) for persons with disabilities, in implementation of the Americans with Disabilities Act (ADA), title IV. Title IV of the ADA requires the Commission to ensure that TRS is available to the extent possible in the most efficient manner to persons with hearing or speech disabilities in the United States. TRS enables an individual with a hearing or speech disability to communicate by telephone or other assistive communication device. The Commission issued its first order pursuant to title IV of the ADA implementing TRS on July 26, 1991. Since 1991, the Commission has revisited the regulations governing TRS on numerous occasions, in part, to make available to consumers new forms of TRS, and to amend the mandatory minimum standards to improve the quality of TRS, consistent with the goal of functional equivalency set forth in section 225. Through these actions the Commission has broadly defined TRS to include any service that enables persons with hearing or speech disabilities to use the telecommunications network to communicate by wire or radio, and not to be limited to either telecommunications service or services that require a TTY. This item amends existing and establishes new regulations governing TRS. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/20/98 63 FR 32798 NPRM Comment Period End 09/14/98 FNPRM 06/21/00 65 FR 38490 Report and Order 06/21/00 65 FR 38432 Public Notice 07/19/01 66 FR 37631 Public Notice Correction 08/03/01 66 FR 40666 Public Notice 08/15/01 66 FR 42858 Public Notice Correction 10/26/01 66 FR 54165 MO&O 01/29/02 67 FR 4203 FNPRM 01/29/02 67 FR 4227 Declaratory Ruling 06/11/02 67 FR 39863 FNPRM 06/11/02 67 FR 39929 Public Notice 07/24/02 67 FR 48415 Public Notice 07/29/02 67 FR 49024 Comment Period End 08/12/02 Public Notice 08/26/02 67 FR 57641 Public Notice 10/31/02 67 FR 66399 Public Notice 10/31/02 67 FR 66400 Public Notice 10/31/02 67 FR 66397 Public Notice 12/17/02 67 FR 77272 Public Notice 01/27/03 68 FR 3880 5th R&O 02/07/03 68 FR 6352 5th R&O Correction 02/24/03 68 FR 8553 Public Notice 03/04/03 68 FR 10245 Order on Recon 04/06/03 68 FR 18826 Public Notice 05/30/03 68 FR 32511 NPRM 06/23/03 68 FR 37158 Public Notice 08/18/03 68 FR 49478 Public Notice 08/20/03 68 FR 50146 NPRM 08/25/03 68 FR 50993 2nd R&O and Order on Recon 08/25/03 68 FR 50973 Public Notice 11/07/03 68 FR 63029 Waiver & Clarification 04/16/03 68 FR 18826 Notice 04/16/03 68 FR 18828 Comment Period End 04/21/03 Notice 05/29/03 68 FR 32038 Public Notice 07/25/03 68 FR 44082 Public Notice 08/04/03 68 FR 45819 Notice 08/14/03 68 FR 48609 Public Notice 08/18/03 68 FR 49478 Notice 08/25/03 68 FR 51014 Public Notice 09/29/03 68 FR 55955 Declaratory Ruling 09/29/03 68 FR 55898 Notice 10/27/03 68 FR 61217 Comment Period End 10/30/03 Notice 11/30/03 68 FR 62249 Public Notice 12/01/03 68 FR 67166 Notice 12/24/03 68 FR 74504 Public Notice 12/31/03 68 FR 75559 Notice 02/24/04 69 FR 8331 Notice 03/26/04 69 FR 15730 Public Notice 07/26/04 69 FR 44534 Notice 07/28/04 69 FR 44970 Comment Period End 08/30/04 [[Page 65548]] R&O and Order on Recon 09/01/04 69 FR 53346 FNPRM 09/01/04 69 FR 53382 Notice 09/01/04 69 FR 53442 Correction 09/17/04 69 FR 55985 Comment Period End re: 69 FR 53442 11/01/04 Comment Period End re: 69 FR 53382 11/15/04 Correction 09/24/04 69 FR 57231 Public Notice 11/15/04 69 FR 64573 Comment Period End 11/30/04 Notice 12/27/04 69 FR 77246 Public Notice 01/11/05 70 FR 1894 Comment Period End 01/19/05 Public Notice 01/13/05 70 FR 2360 Public Notice 02/17/05 70 FR 8034 Declaratory Ruling/ Interpretation 02/25/05 70 FR 9239 Public Notice 03/07/05 70 FR 10930 Comment Period End 03/04/05 Public Notice 03/16/05 70 FR 12884 Comment Period End 05/02/05 Order 03/23/05 70 FR 14568 Order on Recon 04/06/05 70 FR 17330 Public Notice/ announcement of date 04/06/05 70 FR 17334 Notice 04/06/05 70 FR 17456 Public Notice 05/11/05 70 FR 24790 Comment Period End 05/25/05 Order 07/01/05 70 FR 38134 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State Federalism: Undetermined Agency Contact: Thomas Chandler, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1475 Email: thomas.chandler@fcc.gov RIN: 3060-AG76 _______________________________________________________________________ 3834. ESTABLISHMENT OF RULES GOVERNING PROCEDURES TO BE FOLLOWED WHEN INFORMAL COMPLAINTS ARE FILED BY CONSUMERS AGAINST ENTITIES REGULATED BY THE COMMISSION; CG DOCKET NO. 02-32 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 152; 47 USC 154(i) and 154(j); 47 USC 303(r); 47 USC 403 CFR Citation: 47 CFR 1.716 to 1.718 Legal Deadline: None Abstract: This proceeding seeks comment on proposals to establish a unified, streamlined process for the intake and resolution of informal complaints filed by consumers in order to promote maximum compliance with the requirements of the Communications Act of 1934, as amended, (the Act) and our implementing rules and orders. The Commission has previously emphasized that our consumer complaint mechanisms are a principal vehicle for achieving such compliance and promoting the pro-competitive goals underlying the Act and our rules. We are concerned, however, that our existing complaint mechanisms require consumers to navigate an array of rule provisions and disparate procedures administered by various offices within the Commission in order to file complaints about practices they believe violate the Act or our rules and orders. Our goal in this proceeding is to consolidate and streamline the consumer complaint mechanisms consumers use when submitting informal complaints to the Commission. We propose to establish a consumer complaint mechanism patterned after our existing rules for informal complaints filed against common carriers pursuant to section 208 of the Act contained in sections 1.717-1.718 of the Commission's rules. We also invite comment on whether we should make changes to our existing informal common carrier complaint rules. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/16/02 67 FR 18560 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Agency Contact: Genaro Fullano, Legal Counsel, CGB, Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1400 Email: genaro.fullano@fcc.gov Calvin Osborne, Attorney, Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2692 Email: calvin.osborne@fcc.gov RIN: 3060-AI02 _______________________________________________________________________ 3835. RULES AND REGULATIONS IMPLEMENTING THE TELEPHONE CONSUMER PROTECTION ACT (TCPA) OF 1991; CG DOCKET NO. 02-278 (SECTION 610 REVIEW) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 227 CFR Citation: 47 CFR 64.1200; 47 CFR 68.318(c); 47 CFR 68.318(d); 47 CFR 64.1601(e) Legal Deadline: None Abstract: The Commission released an NPRM on September 18, 2002, seeking comment on the rules implementing the Telephone Consumer Protection Act of 1991 (TCPA). The NPRM sought comment on whether the Commission should revise its existing rules, or adopt additional rules, on the use of autodialers, prerecorded messages, and unsolicited facsimile advertisements. The NPRM also sought comment on the effectiveness of the company-specific do-not-call lists and whether to revisit the option of establishing a national do-not-call list. The Commission released an FNPRM on March 25, 2003, seeking comment on the requirements under the Do-Not-Call Implementation Act to issue a final rule in the TCPA proceeding within 180 days and, in doing so, to maximize consistency with the Federal Trade Commission's (FTC's) rules. On July 3, 2003, the Commission released a Report and Order establishing, along with the FTC, a national do-not-call registry. The Commission's Report and Order also adopted rules on the use of predictive dialers, the transmission of caller ID information by telemarketers, and the sending of unsolicited fax advertisements. On August 18, 2003, the Commission adopted an Order on Reconsideration, which delayed the effective date of the written consent requirement for unsolicited fax advertisements until January 1, 2005. On October 3, 2003, the Commission released an Order staying the limitations on the duration of an established business relationship as applied to the sending of unsolicited facsimile advertisements. The [[Page 65549]] Commission released an FNPRM on March 19, 2004, seeking further comment on two issues concerning calls to wireless numbers and the national do- not-call registry. On September 21, 2004, the Commission released an Order adopting a limited safe harbor period from the prohibition on placing automatic telephone dialing systems or prerecorded message calls to wireless numbers when such calls are made to numbers that have been recently ported from wireline service to wireless service. In addition, the Commission amended its existing safe harbor rules for telemarketers subject to the do-not-call registry to require such telemarketers to access the do-not-call list every 31 days, rather than every three months. On October 1, 2004, the Commission further delayed until July 1, 2005, the effective date of the requirement that fax senders obtain permission through a signed, written statement from the recipient. On February 18, 2005, the Commission released a Second Order on Reconsideration to Address issues raised in petitions for reconsideration of the Commission's 2003 TCPA Report and Order. On June 27, 2005, the Commission released an Order further delaying the effective date of the rule requiring the sender of a facsimile advertisement to obtain the recipient's express permission in writing. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/08/02 67 FR 62667 NPRM Comment Period Extended 11/29/02 67 FR 71126 Reply Comment Period Extended 12/26/02 67 FR 78763 Comment Period End 01/31/03 FNPRM 04/03/03 68 FR 16250 Order 07/25/03 68 FR 44144 Order Effective 08/25/03 Order on Recon 08/25/03 68 FR 50978 Order 10/14/03 68 FR 59130 FNPRM 03/31/04 69 FR 16873 Order 10/08/04 69 FR 60311 Order 10/28/04 69 FR 62816 Order on Recon 04/13/05 70 FR 19330 Order 06/30/05 70 FR 37705 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Federalism: Undetermined Agency Contact: Erica H. McMahon, Attorney, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2512 Email: erica.mcmahon@fcc.gov RIN: 3060-AI14 _______________________________________________________________________ 3836. RULES AND REGULATIONS IMPLEMENTING SECTION 225 OF THE COMMUNICATIONS ACT (TELECOMMUNICATIONS RELAY SERVICE); CG DOCKET NO. 03- 123 (SECTION 610 REVIEW) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 225; 47 USC 255; 47 USC 610 CFR Citation: 47 CFR 64.601; 47 CFR 64.603; 47 CFR 64.604; 47 CFR 64.605 Legal Deadline: None Abstract: This proceeding establishes a new docket flowing from the previous telecommunications relay service (TRS) history, CC Docket No. 98-67. This proceeding contains an NPRM continuing the Commission's inquiry into improving the quality of TRS and furthering the goal of functional equivalency consistent with the Congress' mandate that TRS regulations encourage the use of existing technology and not discourage or impair the development of new technology. The Commission seeks comment on ways to improve emergency preparedness for TRS facilities and services, new TRS technologies, public access to information and outreach, and issues related to payments from the Interstate TRS Fund. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/25/03 68 FR 50993 FNPRM 09/01/04 69 FR 53382 R&O, Order on Recon 09/01/04 69 FR 53346 NPRM Comment Period End 10/09/03 FNPRM Comment Period End 11/15/04 Public Notice 07/26/04 69 FR 44534 Comment Period End 08/30/04 Public Notice 11/12/04 69 FR 65401 Comment Period End 11/30/04 Comment Period End 12/30/04 Public Notice 01/11/05 70 FR 2360 Public Notice 02/17/05 70 FR 8034 Comment Period End 01/19/05 Declaratory Ruling/ Interpretation 02/25/05 70 FR 9239 Public Notice 03/07/05 70 FR 10930 Comment Period End 03/04/05 Public Notice 03/16/05 70 FR 12884 Comment Period End 05/02/05 Order 03/23/05 70 FR 14568 Public Notice/ Announcement of Date 04/06/05 70 FR 17334 Public Notice 05/11/05 70 FR 24790 Comment Period End 05/25/05 Order 07/01/05 70 FR 38134 Public Notice 07/13/05 70 FR 38134 Deadline 07/01/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Thomas Chandler, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1475 Email: thomas.chandler@fcc.gov RIN: 3060-AI15 _______________________________________________________________________ 3837. RULES AND REGULATIONS IMPLEMENTING THE CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT OF 2003 (CG DOCKET NO. 04- 53) Priority: Substantive, Nonsignificant Legal Authority: 15 USC 7712; 15 USC 7706; PL 108-187 CFR Citation: 47 CFR 64.3100 Legal Deadline: Other, Statutory, September 26, 2004, Required to promulgate rules. Abstract: The Commission has adopted rules to protect consumers from unwanted electronic mobile service messages to implement the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/31/04 69 FR 16873 NPRM Comment Period End 05/17/04 Order 09/16/04 69 FR 55765 [[Page 65550]] Order Cross Referencing Federal Trade Commission Definitions 03/25/05 70 FR 34665 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Undetermined Federalism: Undetermined URL For More Information: www.fcc.gov/cgb/policy/canspam.html Agency Contact: Julie Saulnier, Attorney, Federal Communications Commission, Consumer and Government Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2512 Email: julie.saulnier@fcc.gov RIN: 3060-AI20 _______________________________________________________________________ 3838. RULES AND REGULATIONS IMPLEMENTING MINIMUM CUSTOMER ACCOUNT RECORD EXCHANGE OBLIGATIONS ON ALL LOCAL AND INTEREXCHANGE CARRIERS; CG DOCKET NO. 02-386 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: Communications Act of 1934, as amended CFR Citation: 47 CFR 64.4000; 47 CFR 64.4001; 47 CFR 64.4002; 47 CFR 64.4003; 47 CFR 64.4004; 47 CFR 64.4005; 47 CFR 64.4006 Legal Deadline: None Abstract: On December 20, 2002, the Commission issued a Public Notice directing interested parties to file comments on issues raised in a petition filed with the Commission by Americatel Corporation and on a separate petition filed by AT&T, Sprint, and MCI. The petitions asked the Commission to address problems relating to the exchange of customer account records between local and long distance telephone service providers. On March 25, 2004, the Commission released a Notice of Proposed Rulemaking in CG Docket No. 02-386 seeking further comment on the two petitions and seeking comment as to whether to replace the current voluntary industry process for the exchange of customer account information between local and long distance service providers with mandatory, minimum standards applicable to all such providers. On February 25, 2005, the Commission released a Report and Order and Further Notice of Proposed Rulemaking in CG Docket No. 02-386. The Report and Order adopted final rules governing the exchange of customer account information between local and long distance telephone service providers. The Commission adopted these rules to help to ensure that consumers' phone service bills are accurate and that their carrier selection requests are honored and executed without undue delay. In the Further Notice of Proposed Rulemaking, the Commission sought comment on the need for rules governing the exchange of customer account information between local telephone service providers. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/19/04 69 FR 20845 NPRM Comment Period End 06/18/04 R&O and FNPRM (Release Date) 02/25/05 FNPRM Comment Period End 08/01/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Lisa Boehley, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7395 Fax: 202 418-0236 Email: lisa.boehley@fcc.gov RIN: 3060-AI58 _______________________________________________________________________ 3839. [bull] TRUTH IN BILLING AND BILLING FORMAT Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 U.S.C. 201; 47 U.S.C. 258 CFR Citation: 47 CFR 64.2400 - 2401 Legal Deadline: None Abstract: In 1999, the Commission adopted truth-in-billing rules to address concerns that there is consumer confusion relating to billing for telecommunications services. On March 18, 2005, the Commission released an FNPRM to further facilitate the ability of telephone consumers to make informed choices among competitive service offerings. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/25/05 70 FR 30044 Final Action 05/25/05 70 FR 29979 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined URL For More Information: www.fcc.gov/cgb/policy/truthinbilling.html Agency Contact: Richard D. Smith, Special Counsel, Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 717 338-2797 Fax: 717 338-2574 Email: richard.smith@fcc.gov RIN: 3060-AI61 _______________________________________________________________________ 3840. EMERGENCY ALERT SYSTEM Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(o); 47 USC 303(r); . . . CFR Citation: 47 CFR 11 Legal Deadline: None Abstract: This Notice of Proposed Rulemaking (NPRM) examines the Emergency Alert System (EAS), and seeks comment on whether EAS in its present form is the most effective mechanism for warning the American public of an emergency and, if not, how EAS can be improved. This NPRM is the most recent in a series of proceedings in which the Federal Communications Commission has sought to contribute to an efficient and technologically current public alert and warning system. [[Page 65551]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/30/04 69 FR 52843 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Jean Ann Collins, Senior Counsel, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1199 Email: jeanann.collins@fcc.gov RIN: 3060-AI49 _______________________________________________________________________ Federal Communications Commission (FCC) Completed Actions Enforcement Bureau _______________________________________________________________________ 3841. REVISION OF EMERGENCY ALERT SYSTEM RULES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(r); 47 USC 154(j); 47 USC 154(o); . . . CFR Citation: 47 CFR 11 Legal Deadline: None Abstract: In the Report and Order in EB Docket No. 04-51 the Commission adopted revisions to the Part 11 Rules governing the emergency alert system that will allow wireless cable television systems to provide emergency alert system alerts to their subscribers in a more efficient and less burdensome manner. Wireless cable system operators will now be able to install equipment that provides a means to switch all programmed channels to a predesignated channel that carries an emergency alert system alert in lieu of installing an emergency alert system decoder for each and every system channel. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/09/04 69 FR 18857 R&O 04/13/05 70 FR 19312 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Shannon Lipp, Attorney Advisor, Federal Communications Commission, Enforcement Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7954 Email: shannon.lipp@fcc.gov RIN: 3060-AI39 _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions Office of Engineering and Technology _______________________________________________________________________ 3842. REVISION OF THE RULES REGARDING ULTRA-WIDEBAND TRANSMISSION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 302; 47 USC 303; 47 USC 304; 47 USC 307; 47 USC 544A CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The First Report and Order amends the Commission's rules to permit the marketing and operation of certain types of new products incorporating Ultra-Wideband (UWB) technology. UWB devices operate by employing very narrow or short duration pulses that result in very large or wideband transmission bandwidths. UWB technology holds great promise for a vast array of new applications that we believe will provide significant benefits for public safety, businesses and consumers. With appropriate technical standards, UWB devices can operate using spectrum occupied by existing radio services without causing interference, thereby permitting scarce spectrum resources to be used more efficiently. The Memorandum Opinion and Order responded to fourteen petitions for reconsideration that were filed in response to the regulations for unlicensed ultra wideband (UWB) operations. In general, this document does not make any significant changes to the existing UWB parameters as the Commission is reluctant to do so until it has more experience with UWB devices. The Commission believes that any major changes to the rules for existing UWB product categories at this early stage would be disruptive to current industry product development efforts. The Further Notice of Proposed Rule Making proposed new rules to address issues raised by some of the petitions for reconsideration that were outside the scope of the proceeding. New rules were proposed to address issues regarding the operation of low pulse repetition frequency UWB systems, including vehicular radars, in the 3.1-10.6 GHz band; and the operation frequency hopping vehicular radars in the 22-29 GHz band as UWB devices. The Commission also proposed new rules that would establish new peak power limits for wideband Part 15 devices that do no operate as UWB devices and proposed to eliminate the definition of a UWB device. The 2nd Report & Order and 2nd Memorandum Opinion & Order responds to two petitions for reconsideration that were filed in response to the Commission's decision to establish regulations for unlicensed ultra- wideband (``UWB'') operation. It also responds to the rule making proposals contained in the Memorandum Opinion and Order and Further Notice of Proposed Rule Making in this docket. The order establishes new rules for wideband unlicensed devices operating in the 5925-7250 MHz, 16.2-17.7 GHz, and 22.12-29 GHz bands. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/14/00 65 FR 37332 NPRM Comment Period End 10/12/00 [[Page 65552]] 1st R&O 05/16/02 67 FR 34852 MO&O 04/22/03 68 FR 19746 FNPRM 04/22/03 68 FR 19773 2nd R&O and 2nd MO&O 02/09/05 70 FR 6771 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Additional Information: ET Docket No. 98-153 Agency Contact: John Reed, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2455 Fax: 202 418-1944 Email: jreed@fcc.gov RIN: 3060-AH47 _______________________________________________________________________ 3843. SOFTWARE DEFINED RADIO AUTHORIZATION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 155; 47 USC 225; 47 USC 303(r); 47 USC 309 CFR Citation: 47 CFR 1; 47 CFR 2 Legal Deadline: None Abstract: The NPRM proposes to streamline the equipment authorization procedures for software defined radios. We propose to define software defined radios as a new class of equipment with equipment authorization rules that reflect the additional flexibility incorporated into such radios. The frequency and technology agility of software defined radios could increase the use of presently underutilized frequency bands. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/03/01 66 FR 341 Report & Order 10/05/01 66 FR 50834 Petitions for Reconsideration 12/07/01 66 FR 63545 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: ET Docket No. 00-47 Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7506 Fax: 202 418-1944 Email: hugh.vantuyl@fcc.gov RIN: 3060-AH64 _______________________________________________________________________ 3844. NEW ADVANCED WIRELESS SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 2 Legal Deadline: None Abstract: This proceeding explores the possible uses of frequency bands below 3 GHz to support the introduction of new advanced wireless services, including third generations as well as future generations of wireless systems. Advanced wireless systems could provide for a wide range of voice data and broadband services over a variety of mobile and fixed networks. The Third Notice of Proposed Rule Making discusses the frequency bands that are still under consideration in this proceeding and invites additional comments on their disposition. Specifically, it addresses the Unlicensed Personal Communications Service (UPCS) band at 1910-1930 MHz, the Multipoint Distribution Service (MDS) spectrum at 2155-2160/62 MHz bands, the Emerging Technology spectrum, at 2160-2165 MHz, and the bands reallocated from MSS 91990-2000 MHz, 2020-2025 MHz and 2165-2180 MHz). We seek comment on these bands with respect to using them for paired or unpaired Advance Wireless Service (AWS) operations or as relocation spectrum for existing services. The 7th Report & Order facilitates the introduction of Advanced Wireless Service (AWS) in the band 1710-1755 MHz--an integral part of a 90 MHz spectrum allocation recently reallocated to allow for such new and innovative wireless services. We largely adopt the proposals set forth in our recent AWS Fourth NPRM in this proceeding that are designed to clear the 1710-1755 MHz band of incumbent Federal Government operations that would otherwise impede the development of new nationwide AWS services. These actions are consistent with previous actions in this proceeding and with the United States Department of Commerce, National Telecommunications and Information Administration (``NTIA'') 2002 Viability Assessment, which addressed relocation and reaccommodation options for Federal Government operations in the band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/23/01 66 FR 7438 NPRM Comment Period End 03/09/01 Final Report 04/11/01 66 FR 18740 FNPRM 09/13/01 66 FR 47618 MO&O 09/13/01 66 FR 47591 First R&O 10/25/01 66 FR 53973 Petition for Reconsideration 11/02/01 66 FR 55666 2nd R&O 01/24/03 68 FR 3455 3rd NPRM 03/13/03 68 FR 12015 7th R&O 12/29/04 69 FR 7793 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: ET Docket No. 00-258 Agency Contact: Rodney Small, Economist, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2452 Fax: 202 418-1944 Email: rsmall@fcc.gov RIN: 3060-AH65 _______________________________________________________________________ 3845. PART 15 BIENNIAL REVIEW Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 301; 47 USC 302; 47 USC 303(e)(f) and (r); 47 USC 304 and 307 CFR Citation: 47 CFR 2; 47 CFR 15; 47 CFR 18; 47 CFR 90 Legal Deadline: None Abstract: The First Report and Order in this proceeding requires radar detectors to comply with limits on radiated emissions in the 11.7-12.2 GHz [[Page 65553]] band to prevent interference to satellite services. Radar detectors are required to be approved by the Federal Communications Commission or another designated organization before they can be marketed within the United States. The Second Report and Order/Memorandum Opinion and Order updated certain regulations for unlicensed radio frequency devices contained in parts 2, 15 and 18 of the rules. The rules will permit the development of new types of unlicensed devices while protecting authorized users of the radio spectrum from harmful interference. The Third Report and Order allows for operation of improved radio frequency identification (RFID) systems in the 433.5-434.5 MHz band. The Commission increased the maximum permitted field strength and transmission duration for 433 MHz RFID systems used to identify the contents of commercial shipping containers in commercial and industrial areas to allow more rapid and reliable data transmission. Such improved RFID systems could benefit commercial shippers and have significant homeland security benefits by enabling the entire contents of shipping containers to be easily and immediately identified and by allowing a determination of whether tampering with their contents has occurred during shipping. The Memorandum Opinion & Order addresses three petitions for reconsideration of various aspects of the rule changes adopted in the Second Report and Order and Memorandum Opinion and Order (Second Report and Order) in this proceeding. In particular, the Commission: Grants a request to permit compliance information statements for self-authorized equipment to be provided in alternative formats; grants a request to permit longer duration transmissions during the setup of security systems; and denies a requests to permit electronic labeling of self- authorized equipment, to further relax the equipment authorization requirements for low frequency intentional radiators and to require foreign regulators to accept accreditations of United States laboratories. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/27/01 66 FR 59209 1st R&O 07/29/02 67 FR 48989 Petition for Recon 09/12/02 67 FR 57819 2nd R&O/MO&O 12/09/03 68 FR 68531 3rd R&O 05/24/04 69 FR 29459 MO&O 12/09/04 69 FR 71380 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: ET Docket No. 01-278 Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7506 Fax: 202 418-1944 Email: hugh.vantuyl@fcc.gov RIN: 3060-AH92 _______________________________________________________________________ 3846. UNLICENSED DEVICES IN THE 5 GHZ BAND Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 301; 47 USC 302(a); 47 USC 303; 47 USC 307; 47 USC 309; 47 USC 316; 47 USC 332 CFR Citation: 47 CFR 2; 47 CFR 15 Legal Deadline: None Abstract: The notice of proposed rulemaking proposes to amend the rules governing the operation of Unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANS) to make available an additional 255 megahertz of spectrum in the 5.47-5.725 GHz band. The Report and Order amends the Commission's rules to make an additional 255 megahertz of spectrum available in the 5.470-5.725 GHz band for Unlicensed National Information Infrastructure (U-NII) devices, including Radio Local Area Networks (RLANs). The action aligns the frequency bands used by U-NII devices in the United States with bands in other parts of the word. The Commission believes that the increased demand that will result from expanding the markets for U-NII devices, coupled with the operational flexibility provided by the U-NII rules, will lead manufacturers to develop a wide range of new and innovative unlicensed devices and thereby increase wireless broadband access and investment. The Order extends the one year transition period for Unlicensed National Information Infrastructure (U-NII) equipment operating in the 5.250-5.350 GHz band. This was necessary to allow a sharing protocol to be developed. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/25/03 68 FR 44011 R&O 01/20/04 69 FR 2677 Petition for Recon 04/12/04 69 FR 19184 Order 04/06/05 70 FR 17328 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: ET Docket No. 03-122 Agency Contact: Ahmed Lahjouji, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2061 Fax: 202 418-1944 Email: ahmed.lahjouji@fcc.gov RIN: 3060-AI16 _______________________________________________________________________ 3847. EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FIELDS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 303; 47 USC 302; 47 USC 309(j); 47 USC 336 CFR Citation: 47 CFR 1; 47 CFR 2; 47 CFR 95 Legal Deadline: None Abstract: The notice of proposed rulemaking proposed amendments to the FCC rules relating to compliance of transmitters and facilities with guidelines for human exposure to radio frequency (RF) energy. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/08/03 68 FR 52879 [[Page 65554]] NPRM Comment Period End 12/08/03 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State Federalism: Undetermined Agency Contact: Robert Cleveland, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2422 Email: robert.cleveland@fcc.gov RIN: 3060-AI17 _______________________________________________________________________ 3848. COORDINATION BETWEEN THE NON-GEOSTATIONARY AND GEOSTATIONARY SATELLITE ORBIT Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(c)(f)(g)(r) CFR Citation: 47 CFR 25; 47 CFR 74; 47 CFR 78 Legal Deadline: None Abstract: The notice of proposed rulemaking proposes to modify the frequency coordination rules to promote sharing between non- geostationary satellite orbit (NGSO) and geostationary satellite orbit (GSO) fixed satellite service (FSS) operations and various terrestrial services operating in several frequency bands. We undertake this proceeding to facilitate the introduction of new satellite and terrestrial services while promoting interference protection among the various users in the band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/02/04 69 FR 4908 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Federalism: Undetermined Additional Information: ET Docket No. 03-254 Agency Contact: Ted Ryder, Electronics Engineer, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2803 Fax: 202 418-1944 Email: ted.ryder@fcc.gov RIN: 3060-AI21 _______________________________________________________________________ 3849. COMMISSION RULES CONCERNING DISRUPTIONS TO COMMUNICATIONS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: Not Yet Determined CFR Citation: 47 CFR 0; 47 CFR 4; 47 CFR 63 Legal Deadline: None Abstract: The notice of proposed rulemaking proposed to extend the Commission's disruption reporting requirements to communications providers who are not wireline carriers. The proposal will allow the Commission to obtain the necessary information regarding service disruptions in an efficient and expeditious manner and to achieve significant concomitant public interest benefits. The further notice of proposed rulemaking expands the record in the proceeding to focus specifically on the unique communications needs of airports, including wireless and satellite communications. In this regard, the Commission requested comment on the additional types of airport communications (e.g., wireless, satellite) that should be required to file service disruption reports--particularly from a homeland security and defense perspective. These types of airport communications may include, for example, communications that are provided by ARINC as well as commercial communications (e.g., air-to- ground and ground-to-air telephone communications) as well as intra- airline commercial links. The Commission also requested comment on whether the outage-reporting requirements for special facilities should be extended to cover general aviation airports (GA) and, if so, what the applicable threshold criteria should be. The Report and Order extended the Commission's disruption reporting requirements to communications providers who are not wireline carriers. The Commission also streamlined compliance with the reporting requirements through electronic filing with a ``fill in the blank'' template and by simplifying the application of that rule. In addition, the Commission delegates authority to the Chief, Office of Engineering and Technology, to make the revisions to the filing system and template necessary to improve the efficiency of reporting and to reduce, where reasonably possible, the time for providers to prepare, and for the Commission staff to review, the communications disruption reports required to be filed. These actions will allow the Commission to obtain the necessary information regarding service disruptions in an efficient and expeditious manner and to achieve significant concomitant public interest benefits. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/26/04 69 FR 15761 FNPRM 11/26/04 69 FR 68859 R&O 12/03/04 69 FR 70316 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: None Federalism: Undetermined Additional Information: ET Docket No. 04-35 Agency Contact: Charles Iseman, Deputy Chief, ECD, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2444 Fax: 202 418-1944 Email: charles.iseman@fcc.gov RIN: 3060-AI22 _______________________________________________________________________ 3850. COGNITIVE RADIO TECHNOLOGIES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 302(a); 47 USC 303; 47 USC 336 CFR Citation: 47 CFR 2; 47 CFR 15; 47 CFR 90 Legal Deadline: None Abstract: The notice of proposed rulemaking seeks to facilitate opportunities for flexible, efficient, and [[Page 65555]] reliable spectrum use employing cognitive radio technologies. The Commission seeks to ensure that our rules and policies do not inadvertently hinder development and deployment of such technologies, but instead enable a full realization of their potential benefits. The Report and Order modified the Commission's rules to reflect ongoing technical developments in cognitive radio technologies. In light of the Commission's experience with these rules, the Commission modified and clarified the equipment rules to further facilitate the development and deployment of software defined and cognitive radios. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/17/04 69 FR 7397 R&O 05/04/05 70 FR 23032 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State Federalism: Undetermined Additional Information: Et Docket No. 03-108 Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7506 Fax: 202 418-1944 Email: hugh.vantuyl@fcc.gov RIN: 3060-AI23 _______________________________________________________________________ 3851. BROADBAND OVER POWER LINE SYSTEMS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: Not Yet Determined CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The Notice of Proposed Rulemaking proposes to amend part 15 of the Commission's rules to adopt new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility company power lines. The Report and Order adopted new requirements and measurement guidelines for a new type of carrier current system that provides access to broadband services using electric utility companies' power lines. This new technology offers the potential for the establishment of a significant new medium for extending broadband access to American homes and businesses. Given that power lines reach virtually every residence and business in every community and geographic area in this country, Access BPL service could be made available nearly everywhere. This new broadband delivery medium could also serve to introduce additional competition to existing cable, DSL, and other broadband services. We believe these actions will promote the development of BPL systems by removing regulatory uncertainties for BPL operators and equipment manufacturers while ensuring that licensed radio services are protected from harmful interference. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/17/04 69 FR 12612 R&O 01/07/05 70 FR 1360 Petition for Recon 03/08/05 70 FR 11244 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Federalism: Undetermined Additional Information: Et Docket No. 04-37 Agency Contact: Anh Wride, Electronics Engineer, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0577 Fax: 202 418-1944 Email: anh.wride@fcc.gov RIN: 3060-AI24 _______________________________________________________________________ 3852. INTERFERENCE TEMPERATURE OPERATION Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: Not Yet Determined CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The notice of proposed rulemaking proposes technical rules that would establish interference temperature limits and procedures for assessing the interference temperature to permit expanded unlicensed operation in the 6525-6700 MHz and 12.75-13.25 GHz bands. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/21/04 69 FR 2863 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State Federalism: Undetermined Additional Information: Et Docket No. 03-237 Agency Contact: John Reed, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2455 Fax: 202 418-1944 Email: jreed@fcc.gov RIN: 3060-AI25 _______________________________________________________________________ 3853. UNLICENSED OPERATION OF THE 3650-3700 BAND (ET DOC. NO. 04-151) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154 CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The Notice of Proposed Rulemaking proposed to maximize the efficient use of the 3650-3700 MHz band. The proposal would allow unlicensed devices to operate in either all, or portions of, this radiofrequency (RF) band under flexible technical limitations with smart/cognitive features that should prevent interference to licensed satellite services. The proposal fostered the introduction of new and advanced services to the American public, especially in rural areas. The Report and Order adopted rules that provide for nationwide, non- exclusive, licensing of terrestrial operations, utilizing technology with a contention-base protocol, in the 3650-3700 MHz band. The Commission also adopted a streamlined licensing mechanism with minimal regulatory entry requirements that will encourage multiple entrants and stimulate the [[Page 65556]] rapid expansion of wireless broadband services -- especially in rural American and will also serve as a safeguard to protect incumbent satellite earth stations from harmful interference. In the MO&O, the Commission addressed several petitions for reconsideration and an emergency motion for stay that were filed in response 3650 MHz Allocation Order in ET Docket No. 98-237. In light of its full review of the refreshed record in this proceeding, and in light of the decisions made in the companion R&O, the Commission denied the aspects of the petitions that challenge and seek to reverse the allocation decisions made in the 3650 MHz Allocation Order. The Commission denied the motion for stay. When the Commission established the November 30, 2000, filing deadline, it did so because it found that additional new FSS facilities permitted by the Freeze MO&O could affect the use of the 3650-3700 MHz band by the terrestrial services. By deciding in this Order to maintain the FSS allocation changes made in the 3650 MHz Allocation Order, the Commission, reaffirmed its conclusion that allowing additional primary FSS earth stations in the 3650 MHz band could negatively affect the prospects for viable FS/MS terrestrial operations. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/14/04 69 FR 26790 R&O & MO&O 05/11/05 70 FR 24712 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State Federalism: Undetermined Additional Information: ET Docket No. 04-151 Agency Contact: Gary Thayer, Electronics Engineer, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2290 Email: gary.thayer@fcc.gov RIN: 3060-AI50 _______________________________________________________________________ 3854. WRC-03 OMNIBUS (ET DOC. NO. 04-139) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 301; 47 USC 302; . . . CFR Citation: 47 CFR 2; 47 CFR 25; 47 CFR 73 Legal Deadline: None Abstract: The Notice of Proposed Rulemaking proposes to amend its rules in order to complete the domestic implementation of allocation decisions from the World Radiocommunication Conference (Geneva 2003)(WRC-03) concerning the frequency bands between 5900 kHz and 27.5 GHz and to otherwise update its rules in this frequency range. At the request of the National Telecommunications and Information Administration (NTIA), we also propose allocation changes for Federal Government. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/16/04 69 FR 33698 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, State Federalism: Undetermined Agency Contact: Tom Mooring, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2450 Fax: 202 418-1944 Email: tom.mooring@fcc.gov RIN: 3060-AI51 _______________________________________________________________________ 3855. UNLICENSED OPERATION IN THE TV BROADCAST BANDS (ET DOC. NO. 04- 186) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 302; 47 USC 303 (e)(f)(r); 47 USC 307 CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The notice of proposed rulemaking proposes to amend the Commission's rules to allow unlicensed radio transmitters to operate in the broadcast television spectrum at locations where that spectrum is not being used. We believe that the proposals set forth will provide for more efficient and effective use of the TV spectrum and will have significant benefits for the public by allowing the development of new and innovative types of unlicensed broadband devices and services for businesses and consumers. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/18/04 69 FR 34103 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, State Federalism: Undetermined Agency Contact: Hugh Van Tuyl, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7506 Fax: 202 418-1944 Email: hugh.vantuyl@fcc.gov RIN: 3060-AI52 _______________________________________________________________________ 3856. NARROWBANDING FOR PRIVATE LAND MOBILE RADIO SERVICE (ET DOC. NO. 04-243) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 301; 47 USC 302; 47 USC 303 CFR Citation: 47 CFR 2; 47 CFR 90 Legal Deadline: None Abstract: The notice of proposed rulemaking proposes to revise our transition plan for Private Land Mobile Radio (PLMR) licensees in the 150.05-150.8 MHz, 162-174 MHz, and 406.1-420 MHz bands. This action will provide for an orderly transition from wideband to narrowband operations, increase spectrum efficiency, maintain compatibility with Federal operations, permit PLMR licensees to operate using existing equipment with greater confidence that their critical operations will not be suddenly required to cease transmissions, and significantly reduce the probability that wideband PLMR operations will interfere with new Federal operations. [[Page 65557]] The Report and Order amended the procedures by which forty Private Land Mobile Radio (PLMR) channels, which are located in frequency bands that are allocated primarily for Federal use, are to transition to narrower, more spectrally efficient channels in a process commonly known as ``narrowbanding.'' This action was taken because the National Telecommunications and Information Administration (NTIA) adopted a more rapid narrowbanding schedule in the 150.05-150.8 MHz, the 162.0125- 173.2 MHz and 173.4-174 MHz (162-174 MHz), and the 406.1-420 MHz bands (collectively, the Federal bands) than the Commission has required for its licensees. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/03/04 69 FR 46462 R&O 04/27/05 70 FR 21652 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal Federalism: Undetermined Agency Contact: Tom Mooring, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2450 Fax: 202 418-1944 Email: tom.mooring@fcc.gov RIN: 3060-AI53 _______________________________________________________________________ 3857. UNLICENSED DEVICES AND EQUIPMENT APPROVAL (ET DOCKET NO. 03-201) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 302(a); 47 USC 303; 47 USC 306 CFR Citation: 47 CFR 2; 47 CFR 15 Legal Deadline: None Abstract: The notice of proposed rulemaking proposed to update section 15.247 of the rules to allow the use of more efficient antenna technologies with unlicensed devices. The Report and Order updates several technical rules for unlicensed radiofrequency devices of the Commission's rules. The rule changes will allow device manufacturers to develop expanded applications for unlicensed devices and will allow unlicensed device operators, including Wireless Internet Service providers greater flexibility to modify or substitute parts as long as the overall system operation is unchanged. The changes are part of an ongoing process of updating our rules to promote more efficient sharing of spectrum used by unlicensed devices and remove unnecessary regulations that inhibit such sharing. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/17/03 68 FR 68823 R&O 09/07/04 69 FR 54027 Petition for Recon 11/19/04 69 FR 67736 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State Federalism: Undetermined Agency Contact: Neal McNeil, Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2408 Fax: 202 418-1944 Email: neal.mcneil@fcc.gov RIN: 3060-AI54 _______________________________________________________________________ 3858. [bull] DTV TUNER REQUIREMENTS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 302; 47 USC 303; 47 USC 304; 47 USC 307; 47 USC 554A CFR Citation: 47 CFR 15 Legal Deadline: None Abstract: The Notice proposed to adjust the schedule by which new broadcast television receivers are required to include the capability to tune digital television (DTV) signals. The Commission request comment on whether there is need to revise the implementation schedule of the DTV tuner requirement for receivers with screen sizes 25 to 36 inches and, if so, how that schedule should be revised to achieve our goal that all new television receivers include DTV tuning capability by July 1, 2007. The Report and Order maintains the schedule of July 1, 2005, by which new broadcast television receivers with screen sizes 25-36`` are required to include the capability to receive over-the-air digital television (DTV) broadcast signals. This action ensures that DTV tuner equipped sets are available to consumers this year, and will also serve to promote the expeditious completion of the transition from analog to digital broadcast television service. The Further Notice of Proposed Rule Making proposed to advance the date on which all new television receiving equipment must include the capability to receive over-the-air DTV broadcast signals from July 1, 2007 to a date no later than December 31, 2006. This revision would require all television receivers to include DTV tuners on a schedule not later than the statutory target date for the end of the DTV transition, when analog television service is to end. This proposal is intended to apply the DTV tuner requirement to all TV receivers on an advanced schedule that will allow a more rapid completion of the DTV transition while providing manufacturers with adequate time to include DTV tuners in all their TV products. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/18/05 70 FR 13139 R&O 07/06/05 70 FR 38800 FNPRM 07/06/05 70 FR 38845 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Alan Stillwell, Senior Associate Chief, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2925 Email: astillwe@fcc.gov RIN: 3060-AI60 [[Page 65558]] _______________________________________________________________________ Federal Communications Commission (FCC) Completed Actions Office of Engineering and Technology _______________________________________________________________________ 3859. MSS SPECTRUM ALLOCATION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 302; 47 USC 303; 47 USC 304 CFR Citation: 47 CFR 2 Legal Deadline: None Abstract: The Second Report and Order finalized the reallocation of the 1990-2025 MHz band from Broadcast Auxiliary Service, including the Cable Television Relay Service and the Local Television Transmission Service, licensees to the new Mobile-Satellite Service (MSS), and established rules for the relocation of incumbent licensees from the 1990-2110 MHz band as well as incumbent Fixed Service (FS) microwave licensees from the 2165-2200 MHz bands, in cases where sharing between MSS and FS is not possible. The Second Memorandum Opinion and Order confirmed the Commission's decision to require new MSS licensees to bear the cost of relocating incumbent licensees in these bands. In the Fifth Memorandum Opinion and Order in ET Docket No. 95-18, the Commission grants in part, by clarifying certain rules, and otherwise denies a petition for clarification and reconsideration jointly filed by the American Petroleum Institute and the United Telecom Council concerning the negotiation and relocation procedures for incumbent Fixed service licensees in the 2110-2150 MHz and 2180-2200 MHz bands. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/02/95 60 FR 11644 Order 03/14/95 60 FR 13687 First R&O 04/22/97 62 FR 19509 R&O and FNPRM 04/22/97 62 FR 19538 MO&O 12/17/98 63 FR 69606 Second R&O and Second MO&O 08/07/00 65 FR 48174 Order 08/19/02 67 FR 53754 3rd R&O/3rd MO&O 12/08/03 68 FR 68241 Petition for Recon 02/17/04 69 FR 7484 5th MO&O 10/27/04 69 FR 62615 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: ET Docket No. 95-18 Agency Contact: Tom Derenge, Wireless Telecommunications Bureau, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2451 Email: thomas.derenge@fcc.gov RIN: 3060-AF75 _______________________________________________________________________ 3860. 3650-3700 GOVERNMENT TRANSFER BAND Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 157(a); 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 2 Legal Deadline: None Abstract: The First Report and Order allocated 50 MHz of spectrum on the 3650-3700 MHz band to the fixed and mobile (base stations) terrestrial services on a primary basis. It also ensures the continuity of fixed satellite service (FSS) operations and permits new FSS operations to help alleviate congestion in the adjacent 3700-4200 MHz FSS band. The second notice of proposed rulemaking proposes to establish licensing and service rules for the assignment of fixed and mobile services licenses in the 3650-3700 MHz band. It also seeks comments on whether technical requirements or other reasons justify licensing the 3650-3700 MHz and the 4940-4990 MHz band at the same time. ET Docket No. 98-237 was terminated in Report and Order/Memorandum Opinion and Order in ET Docket No. 04-151 (May 11, 2005, 70 FR 24712). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/14/99 64 FR 2462 NPRM Comment Period End 03/01/99 First R&O 11/17/00 65 FR 69454 Second NPRM 11/17/00 65 FR 69612 Petition for Reconsideration 03/28/01 66 FR 16940 Terminated 05/11/05 70 FR 24712 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: None Federalism: Undetermined Additional Information: ET Docket No. 98-237 Agency Contact: Rodney P. Conway, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2904 Fax: 202 418-1944 Email: rconway@fcc.gov RIN: 3060-AH14 _______________________________________________________________________ 3861. ABOVE 76 GHZ Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 302(a); 47 USC 303; 47 USC 336 CFR Citation: 47 CFR 2 Legal Deadline: None Abstract: The notice of proposed rulemaking seeks comments on reallocating spectrum in the 76-81 GHz frequency band and the bands above 95 GHz to make the domestic and international frequency allocation change consistent with each other. The Report and Order amended part 2 of the Commission's rules to realign spectrum in the 76-81 GHz frequency band and the frequency bands above 95 GHz to conform the United States Table with international allocation changes made at WRC-2000. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/03/03 68 FR 33043 R&O 03/24/04 69 FR 13746 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Governmental Jurisdictions Government Levels Affected: None Agency Contact: Shameeka Hunt, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2062 Fax: 202 418-1944 Email: shameeka.hunt@fcc.gov RIN: 3060-AI18 [[Page 65559]] _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions Office of General Counsel _______________________________________________________________________ 3862. AMENDMENT OF SECTION 1.1204 OF THE COMMISSION'S EX PARTE RULES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 309 CFR Citation: 47 CFR 1.1204 Legal Deadline: None Abstract: The Commission proposes to amend its regulations specifying presentations that are treated as exempt under the ex parte rules. Under the current rule, presentations to or from the Department of Justice and the Federal Trade Commission regarding telecommunications competition matters are treated as exempt. The item would expand the scope of the exemption to include the Competition Directorate of the European Commission and other international and foreign bodies with analogous functions. The item would clarify that the term ``telecommunications competition matters'' in the existing rules was intended to be construed broadly and was not limited to common carriers. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/26/00 65 FR 81474 NPRM Comment Period End 02/09/01 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Federalism: Undetermined Agency Contact: David Stephen Senzel, Attorney Advisor, Federal Communications Commission, Office of General Counsel, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1760 Fax: 202 418-7540 Email: david.senzel@fcc.gov RIN: 3060-AH58 _______________________________________________________________________ Federal Communications Commission (FCC) Proposed Rule Stage International Bureau _______________________________________________________________________ 3863. STREAMLINING EARTH STATION LICENSING RULES; IB DOCKET NO. 00-248 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 701 to 744 CFR Citation: 47 CFR 23; 47 CFR 25 Legal Deadline: None Abstract: The Commission has found several cases in which modifying or eliminating rules could facilitate licensing of earth stations, thereby expediting the provision of useful satellite services to the public, without unreasonably increasing the risk of harmful interference to existing earth station or space station operators, or terrestrial wireless operators in shared frequency bands. Specifically, this NPRM considers the following rule revisions: (1) Codifying streamlined procedures for case-by-case examination of earth stations using ``non-routine'' antennas, non-routine power levels, or both; (2) relaxing some current requirements, such as increasing power and power density limits, and allowing some temporary fixed earth stations to begin operation sooner than is now permitted; (3) streamlining the very small aperture terminal (VSAT) rules, and revising the Commission's power level rules to provide for various types of VSAT multiple access methods; (4) adopting a simplified license application form for ``routine'' earth stations; and (5) other miscellaneous rule revisions. The Commission also invites comment on extending these proposed rules to the Ka-band. On September 26, 2002, the Commission adopted a Further Notice of Proposed Rulemaking in this proceeding. This Further NPRM invited comment on refinements to the proposals in the NPRM to relax some earth station technical requirements, and on an alternative to the VSAT proposals in the NPRM. The Further NPRM also seeks comment on proposals made by commenters in response to the First NPRM. In the First Report and Order in this proceeding, the Commission extended the license term for earth station licenses from 10 to 15 years. In the Second Report and Order in this proceeding, the Commission adopted rules allowing unlicensed receive-only earth stations to receive transmissions from non-U.S.-licensed satellites on the Permitted List. In the Third Report and Order in this proceeding, the Commission adopted a streamlined application form for certain earth station licenses, and adopted a mandatory electronic filing requirement for those earth station applications. In the Fourth Report and Order in this proceeding, the Commission extended the mandatory electronic filing requirement to all earth station applications. In the Fifth Report and Order in this proceeding, the Commission adopted the following proposals from the NPRM: (1) Codifying streamlined procedures for non-routine antennas; (2) relaxing power and power density limits, and allowing routine KU-band temporary fixed earth stations to begin operations sooner; (3) revising certain VSAT rules; and (4) other miscellaneous rule revisions. In the Sixth Report and Order in this proceeding, the Commission adopted revisions to the earth station antenna gain pattern requirements, as proposed in the Further Notice. In the Third Further Notice of Proposed Rulemaking, the Commission invited comment on adopting off-axis RIRP envelops for C-band and KU- band FSS earth stations. In the Seventh Report and Order in this proceeding, the Commission considered and rejected its proposal in the NPRM to make revisions to Part 23 of its rules. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/08/01 66 FR 1283 NPRM Comment Period End 05/07/01 First R&O 03/19/02 67 FR 12485 FNPRM 12/24/02 67 FR 78399 FNPRM Comment Period End 04/08/03 [[Page 65560]] 2nd R&O (Release Date) 06/20/03 68 FR 2247 2nd FNPRM 09/12/03 68 FR 53702 3rd R&O 11/12/03 68 FR 63994 4th R&O 08/06/04 69 FR 47790 5th R&O 06/02/05 70 FR 32249 6th R&O 06/08/05 70 FR 33373 3rd FNPRM 06/08/05 70 FR 33426 FNPRM Comment Period End 10/06/05 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Steven Spaeth, Assistant Division Chief, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1539 Fax: 202 418-0748 Email: steven.spaeth@fcc.gov RIN: 3060-AH60 _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions International Bureau _______________________________________________________________________ 3864. STREAMLINING THE COMMISSION'S RULES AND REGULATIONS FOR SATELLITE APPLICATION AND LICENSING PROCEDURES (IB DOCKET NO. 95-117) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 4; 47 USC 154; 47 USC 303; 47 USC 554; 47 USC 701 to 744 CFR Citation: 47 CFR 25 Legal Deadline: None Abstract: On February 10, 1997, the FCC adopted rules and policies that streamlined the application and licensing requirements of part 25 of its rules, which deals with communication satellites and earth stations. The streamlined rules waived the construction permit requirement for satellite space stations; changed the license term for temporary fixed earth stations; and adjusted or changed the rules concerning minor modifications and basic requirements for satellite service applications. The streamlined rules also resulted in the creation of a new application form, FCC Form 312. Form 312 eliminated from the International Bureau's use the FCC Form 493, FCC Form 430, FCC Form 702, and FCC Form 704. Petitions for Reconsideration were filed in this matter. In March 1997 the Commission released a Public Notice concerning these petitions, which are presently pending before the International Bureau. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/09/95 60 FR 46252 R&O, Recon Pending 02/10/97 62 FR 5924 Public Notice/Petitions for Recon 03/26/97 62 FR 14430 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State Federalism: Undetermined Agency Contact: Steven Spaeth, Assistant Division Chief, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1539 Fax: 202 418-0748 Email: steven.spaeth@fcc.gov RIN: 3060-AD70 _______________________________________________________________________ 3865. ESTABLISHING RULES AND POLICIES FOR THE USE OF SPECTRUM FOR MOBILE SATELLITE SERVICE IN THE L-BAND (IB DOCKET NO. 96-132) Priority: Routine and Frequent. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 303; 47 USC 316; 47 USC 403 CFR Citation: 47 CFR 25.136(d)(1) to 25.136(d)(8); 47 CFR 25.136(e)(1) to 25.136(e)(10) Legal Deadline: None Abstract: The Commission has established licensing policies to govern mobile-satellite services (MSS) in the L-band. Specifically, the Commission has modified the license of Motient Services, Inc. (Motient), the only U.S. MSS system currently authorized to operate in the L-band, to use up to 20 megahertz of spectrum across the entire L- band. Previously, Motient was authorized only to operate in the upper portion of the L-band. In addition, the Commission has adopted and incorporated into part 25 of the rules specific operational parameters and technical requirements to ensure the integrity of maritime distress and safety communications service will not be compromised by MSS operation in the lower portion of the L-band. Petitions for reconsideration were filed. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/18/96 61 FR 40772 NPRM Comment Period End 09/23/96 R&O 08/07/02 67 FR 51105 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal Federalism: Undetermined Agency Contact: Andrea Kelly, Chief, Policy Branch, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7877 Fax: 202 418-0748 Email: andrea.kelly@fcc.gov RIN: 3060-AF89 _______________________________________________________________________ 3866. ESTABLISHMENT OF RULES AND POLICIES FOR THE DIGITAL AUDIO RADIO SATELLITE SERVICE IN THE 2310-2360 MHZ FREQUENCY BAND (IB DOCKET NO. 95- 91; GEN DOCKET NO. 90-357) Priority: Routine and Frequent. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 151(i); 47 USC 154(j); 47 USC 157; 47 USC 309(j) CFR Citation: 47 CFR 25.144 Legal Deadline: None Abstract: The Commission is proposing rules to govern satellite digital audio [[Page 65561]] radio services (SDARS). The Commission adopted service rules for SDARS in 1997 and sought further comment on proposed rules governing the use of complementary terrestrial repeaters. See 62 FR 19095. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/15/95 60 FR 35166 R&O 03/11/97 62 FR 11083 FNPRM 04/18/97 62 FR 19095 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Stephen Duall, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1103 Fax: 202 418-0748 Email: stephen.duall@fcc.gov RIN: 3060-AF93 _______________________________________________________________________ 3867. ALLOCATE & DESIGNATE: SPEC FOR FIXED-SAT SRV (37.5-38.5, 40.5-41.5 & 48.2-50.2 GHZ BANDS). ALLOCATE: FIXED & MOBILE 40.5-42.5 GHZ; WIRELESS 46.9-47 GHZ; GOV OPER 37-38 & 40-40.5 GHZ; IB DOC NO. 97-95 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 301; 47 USC 302; 47 USC 303(e); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r); 47 USC 304; 47 USC 307 CFR Citation: 47 CFR 2.106; 47 CFR 25.202; 47 CFR 25.208 Legal Deadline: None Abstract: This item adopts a plan for non-government operations in the 36.0-51.4 GHz portion of the V-band, establishing priorities for different services in different parts of this band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/04/97 62 FR 16129 Report & Order 01/15/99 64 FR 2585 Correction 02/08/99 64 FR 6138 Correction 02/10/99 64 FR 6565 Notice of Petition for Reconsideration 03/22/99 64 FR 13796 Order on Reconsideration 12/01/99 Further NPRM 07/05/01 66 FR 35399 2nd R&O (release date) 11/17/03 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: Local, State, Tribal Agency Contact: Gardner Foster, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1990 Email: gardner.foster@fcc.gov RIN: 3060-AH23 _______________________________________________________________________ 3868. 1998 BIENNIAL REGULATORY REVIEW--REVIEW OF ACCOUNTS SETTLEMENT IN MARITIME MOBILE AND MARITIME MOBILE-SATELLITE RADIO SERVICES; IB DOC NO. 98-96 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 154(j); 47 USC 201; 47 USC 202; 47 USC 203; 47 USC 204; 47 USC 205; 47 USC 303(r) CFR Citation: 47 CFR 3.10(e) Legal Deadline: None Abstract: The FCC seeks comment regarding Accounts Settlement in the Maritime Mobile and Maritime Mobile Satellite Service (MSS) Radio Services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/24/98 63 FR 39800 Report & Order 07/28/99 64 FR 40774 Further NPRM 07/28/99 64 FR 40808 Comment Period Extended 09/03/99 64 FR 48337 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal Federalism: Undetermined Agency Contact: John F. Copes, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1478 Fax: 202 418-2824 Email: jcopes@fcc.gov RIN: 3060-AH30 _______________________________________________________________________ 3869. POLICIES AND RULES FOR NON-GEOSTATIONARY SATELLITE ORBIT, FIXED SATELLITE SERVICE IN THE KA-BAND; IB DOCKET NO. 02-19 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 25 Legal Deadline: None Abstract: The proceeding determined a method to license multiple satellite network systems in spectrum designated on a primary basis for non-geostationary satellite orbit, fixed-satellite service. The proceeding also adopted service rules applicable to these licensees. The International Bureau will now proceed to licensing qualified applicants. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/04/02 67 FR 9641 NPRM Comment Period End 04/18/02 R&O 06/18/03 68 FR 59128 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Agency Contact: S. Alyssa Roberts, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7276 Fax: 202 418-0748 RIN: 3060-AH93 _______________________________________________________________________ 3870. SPACE STATION LICENSING REFORM; IB DOCKET 02-34 Priority: Other Significant Legal Authority: 47 USC 154(i); 47 USC 157; 47 USC 303(c); 47 USC 303(g); . . . CFR Citation: 47 CFR 25.114; 47 CFR 25.137; 47 CFR 25.157; 47 CFR 25.158 Legal Deadline: None Abstract: The Commission has adopted a Notice of Proposed Rulemaking to streamline its procedures for reviewing satellite license applications. Currently, the Commission uses processing rounds to review those applications. In a processing round, when an application is filed, the International Bureau (Bureau) issues a public notice [[Page 65562]] establishing a cut-off date for other mutually exclusive satellite applications, and then considers all those applications together. In cases where sufficient spectrum to accommodate all the applicants is not available, the Bureau directs the applicants to negotiate a mutually agreeable solution. Those negotiations usually take a long time, and delay provision of satellite services to the public. The NPRM invites comment on two alternatives for expediting the satellite application process. One alternative is to replace the processing round procedure with a ``first-come, first-served'' procedure that would allow the Bureau to issue a satellite license to the first party filing a complete, acceptable application. The other alternative is to streamline the processing round procedure by adopting one or more of the following proposals: (1) Placing a time limit on negotiations; (2) establishing criteria to select among competing applicants; (3) dividing the available spectrum evenly among the applicants. In the First Report and Order in this proceeding, the Commission determined that different procedures were better-suited for different kinds of satellite applications. For most geostationary orbit (GSO) satellite applications, the Commission adopted a first-come, first- served approach. For most non-geostationary orbit (NGSO) satellite applications, the Commission adopted a procedure in which the available spectrum is divided evenly among the qualified applicants. The Commission also adopted measures to discourage applicants from filing speculative applications, including a bond requirement, payable if a licensee misses a milestone. The bond amounts originally were $5 million for each GSO satellite, and $7.5 million for each NGSO satellite system. These were interim amounts. Concurrently with the First Report and Order, the Commission adopted an FNPRM to determine whether to revise the bond amounts on a long-term basis. In the Second Report and Order, the Commission adopted a streamlined procedure for certain kinds of satellite license modification requests. In the Third Report and Order in this proceeding, the Commission adopted a standardized application form for satellite licenses, and adopted a mandatory electronic filing requirement for certain satellite applications. In the Fourth Report and Order in this proceeding, the Commission extended the mandatory electronic filing requirement to all satellite applications. In the Fifth Report and Order in this proceeding, the Commission revised the bond amounts based on the record developed in response to FNPRM. The bond amounts are now $3 million for each GSO satellite, and $5 million for each NGSO satellite system. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/19/02 67 FR 12498 NPRM Comment Period End 07/02/02 2nd R&O (Release Date) 06/20/03 68 FR 62247 2nd FNPRM (Release Date) 07/08/03 68 FR 53702 3rd R&O (Release Date) 07/08/03 68 FR 63994 FNPRM 08/27/03 68 FR 51546 First R&O 08/27/03 68 FR 51499 FNPRM Comment Period End 10/27/03 4th R&O (Release Date) 04/16/04 69 FR 67790 5th R&O, 1st Order on Recon (Release Date) 07/06/04 69 FR 51586 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Steven Spaeth, Assistant Division Chief, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1539 Fax: 202 418-0748 Email: steven.spaeth@fcc.gov RIN: 3060-AH98 _______________________________________________________________________ 3871. FLEXIBILITY FOR DELIVERY OF COMMUNICATIONS BY MOBILE SATELLITE SERVICE PROVIDERS IN THE 2 GHZ BAND, THE L-BAND, AND THE 1.6/2.4 GHZ BAND; IB DOCKET NO.01-185 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 157; 47 USC 302; 47 USC 303(c); 47 USC 303(f); 47 USC 303(e); 47 USC 303(r) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The purpose of this proceeding is to permit mobile satellite service (MSS) providers to reuse their assigned MSS frequencies to operate terrestrial base stations for the purpose of extending their communications services to urban areas and in buildings where the satellite signal is attenuated. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/13/01 66 FR 47621 NPRM Comment Period End 10/25/01 Public Notice 04/05/02 67 FR 16347 NPRM 01/29/03 Report & Order 01/29/03 68 FR 33640 First R&O 04/23/03 68 FR 51499 Order on Reconsideration 08/03/03 68 FR 47856 Announcement of Effective Date 04/07/04 69 FR 18278 MO&O and 2nd Order on Recon 04/13/05 70 FR 19316 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Howard Griboff, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0657 Fax: 202 418-1414 Email: howard.griboff@fcc.gov RIN: 3060-AI05 _______________________________________________________________________ 3872. MITIGATION OF ORBITAL DEBRIS; IB DOCKET NO. 02-54 Priority: Routine and Frequent Legal Authority: 47 USC 154(i); 47 USC 157(a); 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 5; 47 CFR 25; 47 CFR 97 Legal Deadline: None Abstract: The Commission has adopted rules that require all entities seeking FCC authorization for satellite services to address orbital debris mitigation as part of their application for FCC authorization. Orbital debris consists of artificial objects orbiting the Earth that are not functional spacecraft. In [[Page 65563]] addition, the Commission established requirements for the removal of geostationary spacecraft from operational orbits at the end of their useful lives and amended the Commission's rules regarding orbit raising maneuvers, the use of inclined orbits, and orbital longitudinal tolerance station-keeping requirements. The Commission indicated that it will seek further comment on the application of the Commission's longitudinal tolerance station-keeping requirements for Fixed-Satellite space stations to space stations in the Mobile-Satellite Service and remote sensing services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/03/02 67 FR 22376 NPRM Comment Period End 08/16/02 First R&O 08/27/03 68 FR 59127 2nd R&O 09/09/04 69 FR 54581 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Stephen Duall, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1103 Fax: 202 418-0748 Email: stephen.duall@fcc.gov RIN: 3060-AI06 _______________________________________________________________________ 3873. IN THE MATTER OF PROCEDURES TO GOVERN THE USE OF SATELLITE EARTH STATIONS ON BOARD VESSELS; IB DOCKET NO. 02-10 Priority: Other Significant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 157(a); . . . CFR Citation: 47 CFR 2 and 25 Legal Deadline: None Abstract: The ESV R&O established licensing and service rules for ESVs operating in the 5925-6425 MHz/3700-4200 MHz Bands (C-band) and 14.0- 14.5 GHz/11.7-12.2 GHz Bands (Ku-band). The ESV R&O is significant because it furthers two major goals of the Commission: (1) To facilitate the market-driven deployment of broadband technologies and (2) to maximize the use of available spectrum to advance new technologies while minimizing interference to existing satellite services, such as Fixed Services (FS) and Fixed Satellite Services (FSS). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/22/04 69 FR 3056 R&O 02/11/05 70 FR 47076 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Gardner Foster, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1990 Email: gardner.foster@fcc.gov RIN: 3060-AI40 _______________________________________________________________________ 3874. AMENDMENT OF PARTS 1 AND 63 OF THE COMMISSION'S RULES (DOCKET 04- 47) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 34 to 39; 47 USC 151; 47 USC 161; 47 USC 201 to 205; . . . CFR Citation: 47 CFR 1.767; 47 CFR 63.18; 47 CFR 63.19; 47 CFR 63.21; . . . Legal Deadline: None Abstract: FCC proposes amendments to several rules. Specifically, FCC proposes to: (1) Amend the procedures for discontinuing an international service; (2) establish post service notification for Commercial Mobile Radio Service carriers providing international service; (3) allow U.S. carriers to resell the U.S.-inbound service of foreign carriers; (4) allow commonly controlled subsidiaries to use their parent corporation's authority to provide international service; and (5) amend the submarine cable landing licensing procedures compliance with the Coastal Zone Management Act of 1972. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/22/04 69 FR 13276 NPRM Comment Period End 06/07/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: David Krech, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1460 Fax: 202 418-2824 Email: david.krech@fcc.gov RIN: 3060-AI41 _______________________________________________________________________ 3875. REPORTING REQUIREMENTS FOR U.S. PROVIDERS OF INTERNATIONAL TELECOMMUNICATIONS SERVICES (IB DOCKET NO. 04-112) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 161; 47 USC 201 to 205; . . . CFR Citation: 47 CFR 1.789; 47 CFR 43.53; 47 CFR 43.61; 47 CFR 43.82; . . . Legal Deadline: None Abstract: FCC is reviewing the reporting requirements to which carriers providing U.S. international services are subject under 47 CFR part 43. FCC proposes to amend 47 CFR 43.61 and to repeal 47 CFR 43.53. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/12/04 NPRM Comment Period End 08/23/04 69 FR 29676 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: David Krech, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1460 Fax: 202 418-2824 Email: david.krech@fcc.gov RIN: 3060-AI42 [[Page 65564]] _______________________________________________________________________ 3876. REVIEW OF THE SPECTRUM SHARING PLAN AMONG NON-GEOSTATIONARY SATELLITE ORBIT MOBILE SATELLITE SERVICE SYSTEMS IN THE 1.6/2.4 GHZ BANDS; IB DOCKET NO. 02-364 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 302(a); 47 USC 303(e); . . . CFR Citation: 47 CFR 2.106; 47 CFR 25.149 Legal Deadline: None Abstract: The Commission issued a Further Notice of Proposed Rulemaking seeking comment on whether code division multiple access and time division multiple access satellite operators feasibly could share additional spectrum in the 1.6 GHz band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/29/03 68 FR 33666 NPRM Comment Period End 07/21/03 R&O 08/09/04 69 FR 48157 FNPRM 08/09/04 69 FR 48192 FNPRM Comment Period End 09/23/04 Petitions for Reconsideration 10/12/04 69 FR 60626 Petitions for Recon Comment Period End 11/08/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal Federalism: Undetermined Agency Contact: Jennifer Gorny, Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1517 Email: jennifer.gorny@fcc.gov RIN: 3060-AI44 _______________________________________________________________________ 3877. REDESIGNATION OF THE 17.7-19.7 GHZ BAND, BLANKET LICENSING OF SATELLITE EARTH STATIONS, & ALLOCATION OF SPECTRUM IN THE 17.3-17.8 AND 24.75-25.25 GHZ BANDS FOR BROADCAST SATELLITE SERVICE USE; IB DOCK Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(j); 47 USC 301; 47 USC 302; . . . CFR Citation: 47 CFR 2.106; 47 CFR 21.901; 47 CFR 25.115; 47 CFR 25.138; . . . Legal Deadline: None Abstract: This item addresses how the 17.7-19.7 GHz band is to be shared among various services, including the Fixed Satellite Service, the Fixed Services, and the Broadcast Satellite Service. The item also addresses the blanket licensing of Fixed Satellite Service Earth Stations in the Ka-band. Finally, it addresses a new allocation for the Broadcast Satellite Service. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/08/98 63 FR 54100 NPRM Comment Period End 12/07/98 63 FR 62258 R&O 09/07/00 65 FR 54155 First Order on Recon 12/07/01 66 FR 63512 CARS Eligibility Order 06/27/02 67 FR 43257 2nd Order on Recon 04/08/03 68 FR 16962 Correction 04/24/03 68 FR 20225 Correction 04/30/04 69 FR 23662 NPRM 07/07/04 69 FR 40843 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Agency Contact: Francis Gutierrez, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7370 Email: francis.gutierrez@fcc.gov Related RIN: Previously reported as 3060-AH21 RIN: 3060-AI46 _______________________________________________________________________ 3878. [bull] SERVICE RULES AND PROCEDURES TO GOVERN THE USE OF AERONAUTICAL MOBILE SATELLITE SERVICE EARTH STATIONS IN THE FREQUENCY BANDS ALLOCATED TO THE FIXED SATELLITE SERVICE; IB DOCKET NO. 05-20 Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(i) to 154(j); 47 USC 157(a); 47 USC 301; 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); . . . CFR Citation: 47 CFR 25 Legal Deadline: None Abstract: This Notice of Proposed Rulemaking (NPRM) proposes and seeks comment on a regulatory framework for licensing the operation of Aeronautical Mobile Satellite Service (AMSS) systems to communicate with fixed satellite service (FSS) networks in the KU-Band frequencies. Aircraft Earth Stations(AES) in the AMSS can be used to provide broadband telecommunications services on passenger, government, and executive/private aircraft. The NPRM also seeks comment on licensing methods for AES terminals that will minimize the burdens upon applicants and licensees, while maintaining operational limitations necessary to avoid harmful interference. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/09/05 70 FR 20508 NPRM Comment Period End 08/03/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Arthur Thomas Lechtman, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1465 Fax: 202 418-0175 Email: arthur.lechtman@fcc.gov RIN: 3060-AI67 [[Page 65565]] _______________________________________________________________________ Federal Communications Commission (FCC) Completed Actions International Bureau _______________________________________________________________________ 3879. REDESIGNATION OF THE 27.5-29.5 GHZ FREQUENCY BAND (CC DOCKET NO. 92-297) Priority: Other Significant Legal Authority: 47 USC 301; 47 USC 302 CFR Citation: 47 CFR 1; 47 CFR 2; 47 CFR 21; 47 CFR 25 Legal Deadline: None Abstract: The Commission issued a Memorandum Opinion and Order that addressed a petition for clarification and/or reconsideration filed by Teledesic Corporation of the Commission's Third Report and Order, which established technical requirements and service rules for geostationary fixed satellite services (NGOS FSS) in the Ka-band. Hughes Communications Galaxy, Inc. filed a Petition for Reconsideration of the Memorandum, Opinion and Order. Its successor in interest withdrew one petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/13/95 60 FR 43740 NPRM Comment Period End 09/07/95 R&O 08/28/96 61 FR 44177 Third R&O 11/18/97 62 FR 61488 Order on Recon 05/25/02 67 FR 39308 Further Recon Petition Withdrawn12/10/04 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: CC Docket No. 92-297 Agency Contact: Jennifer M. Gilsenan, Associate Chief, Satellite Division, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0757 Fax: 202 418-0748 Email: jgilsena@fcc.gov Selina Khan, Staff Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7282 Fax: 202 418-0748 Email: skhan@fcc.gov William Bell, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0741 Email: bbell@fcc.gov RIN: 3060-AF94 _______________________________________________________________________ 3880. ESTABLISHMENT OF POLICIES AND SERVICE RULES FOR THE MOBILE SATELLITE SERVICE IN THE 2 GHZ BAND; IB DOCKET NO. 99-81 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 307; 47 USC 309; 47 USC 310; 47 USC 319 CFR Citation: 47 CFR 25.114; 47 CFR 25.115; 47 CFR 25.121; 47 CFR 25.133; 47 CFR 25.136; 47 CFR 25.137; 47 CFR 25.143; 47 CFR 25.201; 47 CFR 25.202; 47 CFR 25.203; 47 CFR 25.279 Legal Deadline: None Abstract: The Commission amended the regulations covering the 1.6/2.4 GHz Mobile Satellite Service (MSS) to incorporate the rules for the 2 GHz MSS. The actions establish the band arrangement and service rules and policies for the 2 GHz MSS. The effect of amending the 1.6/2.4 GHz MSS rules to include 2 GHz MSS is to simplify and harmonize the rules for the types of satellite services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/07/99 64 FR 16880 Report and Order 10/04/00 65 FR 59140 MO&O 09/13/01 66 FR 47591 Erratum 07/16/02 67 FR 46603 2nd MO&O 03/13/03 68 FR 11986 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal Federalism: Undetermined Agency Contact: William Bell, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0741 Email: bbell@fcc.gov RIN: 3060-AH28 _______________________________________________________________________ 3881. GLOBAL MOBILE PERSONAL COMMUNICATIONS BY SATELLITE; IB DOCKET NO. 99-67 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 4(i); 47 USC 7(a); 47 USC 303(c); 47 USC 303(f); 47 USC 303(g); 47 USC 303(r); 47 USC 307; 47 USC 309; 47 USC 310 CFR Citation: 47 CFR 25.200; 47 CFR 25.213; 47 CFR 25.215; 47 CFR 25.216; 47 CFR 2.1204 Legal Deadline: None Abstract: The FCC has adopted rules to facilitate transnational use of mobile terminals used for 2-way voice communication via satellite systems with global or international coverage. In the same proceeding, the FCC has adopted limits on out-of-band emissions from some mobile satellite terminals in order to protect reception of aeronautical satellite radionavigation signals in the 1559-1610 MHz band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/06/99 64 FR 16687 NPRM Comment Period End 05/18/99 Public Notice 01/17/01 66 FR 3960 R&O and FNPRM (Release Date) 05/14/02 67 FR 61999 2nd R&O 11/18/03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Agency Contact: William Bell, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0741 Email: bbell@fcc.gov RIN: 3060-AH49 _______________________________________________________________________ 3882. ENFORCEMENT OF OTHER NATIONS' PROHIBITIONS AGAINST THE UNCOMPLETED CALL SIGNALING CONFIGURATION OF INTERNATIONAL CALLBACK SERVICE; IB DOCKET NO. 02-18 Priority: Info./Admin./Other Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154 (j); 47 (USC 201(b); 47 USC 303(r); . . . CFR Citation: None Legal Deadline: None Abstract: The Notice of Proposed Rulemaking seeks comments on whether the Commission should eliminate the existing comity-based prohibitions and thus discontinue the policy that allows a foreign government or entity to make use of the [[Page 65566]] enforcement mechanisms of the Commission to prohibit the U.S. carriers from offering one form of call-back abroad. International call-back arrangements allow foreign callers to take advantage of low U.S. international services rates, many of which are significantly lower than the rates available in their home countries. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/08/02 67 FR 10656 NPRM Comment Period End 05/15/02 Order 05/14/03 68 FR 25840 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Agency Contact: Cara Grayer, Attorney Advisor, International Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2960 Email: cara.grayer@fcc.gov RIN: 3060-AH94 _______________________________________________________________________ 3883. REDESIGNATION OF THE 17.7-19.7 GHZ BAND, BLANKET LICENSING OF SATELLITE EARTH STATIONS, AND ALLOCATION OF SPECTRUM FOR BROADCAST SATELLITE SERVICE Priority: Economically Significant Legal Authority: 47 USC 151; 47 USC 154 (i); 47 USC 302; 47 USC 303; . . . CFR Citation: 47 CFR 2.106; 47 CFR 21.901; 47 CFR 301; 47 CFR 25.138; . . . Legal Deadline: None Abstract: This item addresses how the 17.7-19.7 GHz band is to be shared among various services, including the Fixed Satellite Service, the Fixed Services, and the Broadcast Satellite Service. The item also addresses the blanket licensing of Fixed Satellite Service Earth Stations in the Ka-band. Finally, it addresses a new allocation for the Broadcast Satellite Service. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/08/98 63 FR 54100 R&O 09/07/00 65 FR 54155 Order on Recon 12/07/01 66 FR 63512 CARS Eligibility Order 06/27/02 67 FR 43257 2nd Order on Recon 04/08/03 68 FR 16962 FR Correction 04/24/03 68 FR 20225 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Agency Contact: Francis Gutierrez, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7370 Email: francis.gutierrez@fcc.gov RIN: 3060-AI43 _______________________________________________________________________ Federal Communications Commission (FCC) Proposed Rule Stage Media Bureau _______________________________________________________________________ 3884. [bull] REVISION OF PROCEDURES GOVERNING AMENDMENTS TO FM TABLE OF ALLOTMENTS AND CHANGES OF COMMUNITY OF LICENSE IN THE RADIO BROADCAST SERVICES; MB DOCKET 05-210 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 303 CFR Citation: 47 CFR 73 Legal Deadline: None Abstract: The rulemaking was initiated to reduce backlog in, and streamline, the FM allotment procedures and, to a lesser extent, streamline certain procedures pertaining to AM applications. Although the Commission has made important changes to streamline the processing of radio broadcast applications, the basic procedures for amending the Table have not changed since 1982. The Notice seeks comment on a number of specific rule and procedural changes in the handling of FM and AM applications and rulemaking petitions to amend the Table. In the area of applications procedures, the Notice seeks comments on various proposals designed to encourage only bona fide proponents to submit petitions and to limit the complexity of such petitions. If these changes are adopted, it will expedite the approval and implementation on new and upgraded radio service to the public. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/22/05 70 FR 44537 NPRM Comment Period End 10/03/05 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Federalism: Undetermined Agency Contact: Tom Nessinger, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2709 Email: thomas.nessinger@fcc.gov RIN: 3060-AI63 [[Page 65567]] _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions Media Bureau _______________________________________________________________________ 3885. CABLE TELEVISION RATE REGULATION Priority: Other Significant Legal Authority: 47 USC 154; 47 USC 543 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: The Commission has adopted rate regulations to implement section 623 of the 1992 Cable Act to ensure that cable subscribers nationwide enjoy the rates that would be charged by cable systems operating in a competitive environment. Reconsideration was requested. The 14th Order on Reconsideration addresses petitions on issues governing regulated services by cable systems. In a subsequent notice, comment was sought on recalibrating the competitive differential between rates of systems subject to effective competition and noncompetitive systems. In addition, comment was sought as to whether there may be a different approach to establish reasonable rates on the basic service tier. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/04/93 58 FR 48 R&O and FNPRM 05/21/93 58 FR 29736 MO&O and FNPRM 08/18/93 58 FR 43816 3rd R&O 11/30/93 58 FR 63087 Order on Recon, 4th R&O, and 5th NPRM 04/15/94 59 FR 17943 3rd Order on Recon 04/15/94 59 FR 17961 5th Order on Recon and FNPRM 10/13/94 59 FR 51869 4th Order on Recon 10/21/94 59 FR 53113 6th Order on Recon, 5th R&O, and 7th NPRM 12/06/94 59 FR 62614 7th Order on Recon 01/25/95 60 FR 4863 9th Order on Recon 02/27/95 60 FR 10512 8th Order on Recon 03/17/95 60 FR 14373 6th R&O and 11th Order on Recon 07/12/95 60 FR 35854 13th Order on Recon 10/05/95 60 FR 52106 12th Order on Recon 10/26/95 60 FR 54815 10th Order on Recon 04/08/96 61 FR 15388 Order on Recon of the 1st R&O and Further NPRM 04/15/96 61 FR 16447 MO&O 02/12/97 62 FR 6491 Report on Cable Industry Prices 02/24/97 62 FR 8245 R&O 03/31/97 62 FR 15118 14th Order on Recon 10/15/97 62 FR 53572 NPRM and Order 09/05/02 67 FR 56882 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7037 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: john.norton@fcc.gov RIN: 3060-AF41 _______________________________________________________________________ 3886. CABLE TELEVISION RATE REGULATION: COST OF SERVICE Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 543 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: The Commission has established rules pursuant to which cable operators may set rates for regulated cable service in accordance with traditional cost-of-service principles, as modified to take account of unique characteristics of the cable industry. In the latest NPRM, comment was sought on rule changes that may be necessary or desirable in order to account for changes in the regulatory process resulting from the end of the Commission's statutory authority to regulate certain tiers of cable programming service. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/30/93 58 FR 40762 R&O 04/15/94 59 FR 17975 2nd NPRM 04/15/94 59 FR 18066 MO&O 10/14/94 59 FR 52087 2nd R&O/1st Order on Recon/FNPRM03/08/96 61 FR 9361 Correction 03/22/96 61 FR 11749 NPRM and Order 09/05/02 67 FR 56882 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: State, Local Federalism: Undetermined Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7037 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: john.norton@fcc.gov RIN: 3060-AF48 _______________________________________________________________________ 3887. CABLE CUSTOMER SERVICE STANDARDS (MM 92-263) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154(i) to 154(j); 47 USC 303; 47 USC 552 CFR Citation: 47 CFR 76 Legal Deadline: NPRM, Statutory, April 3, 1993. Abstract: The Commission has adopted customer service standards for cable operators nationwide to implement the provisions of the Cable Act of 1992. Such standards shall include, at a minimum, cable systems office hours, telephone availability, installations, outages, service calls, and communication between the cable operator and subscriber, including billing and refunds. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/23/92 57 FR 61038 R&O 04/19/93 58 FR 21107 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7037 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: john.norton@fcc.gov RIN: 3060-AF69 [[Page 65568]] _______________________________________________________________________ 3888. FILING OF TELEVISION NETWORK AFFILIATION CONTRACTS (MM DOCKET NO. 95-40) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154(i); 47 USC 303(r) CFR Citation: 47 CFR 73.3613(a) Legal Deadline: None Abstract: This proceeding considers changes to the requirement that stations file their network affiliation agreements with the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/19/95 60 FR 19564 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal Federalism: Undetermined Agency Contact: Jane Gross, Senior Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2139 Fax: 202 418-2053 RIN: 3060-AF80 _______________________________________________________________________ 3889. RULES GOVERNING BROADCAST TELEVISION ADVERTISING (MM DOCKET NO. 95-90) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154(i); 47 USC 154(j); 47 USC 301; 47 USC 303(r); 47 USC 313; 47 USC 314 CFR Citation: 47 CFR 73.658(h); 47 CFR 73.658(i) Legal Deadline: None Abstract: This proceeding considers changes to two rules regulating broadcast television advertising. The first advertising rule prohibits a broadcast television network from influencing or controlling the rates its affiliates set for the sale of their non-network advertising time. The second advertising rule prohibits a broadcast television network from representing any of its affiliates in the sale of non- network advertising time. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/05/95 60 FR 34959 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Jane Gross, Senior Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2139 Fax: 202 418-2053 RIN: 3060-AF81 _______________________________________________________________________ 3890. CABLE HOME WIRING Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 544(i) CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: On October 6, 1997, the FCC adopted a Report and Order and Second Notice of Proposed Rulemaking (FCC 97-7360) that amends its cable inside wiring rules to enhance competition in the video distribution marketplace. The Second FNPRM seeks comment on, among other things, whether there are circumstances where the FCC should adopt restrictions on exclusive contracts in order to further promote competition in the multiple dwelling unit marketplace. The 2nd Report and Order addresses multiple dwelling units when the occupant charges video service providers. In the First Order on Reconsideration and the Second Report and Order, the Commission modified its rules in part. The United States Court of Appeals for the District of Columbia Circuit remanded a portion of the Commission decision back to the Commission for further consideration. In September 2004, the Commission issued an FNPRM in response to the courts decision. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/17/92 57 FR 54209 R&O 03/02/93 58 FR 11970 NPRM 02/01/96 61 FR 3657 First Order on Recon & FNPRM 02/16/96 61 FR 6210 FNPRM 09/03/97 62 FR 46453 R&O and Second FNPRM 11/14/97 62 FR 60165 First Order on Recon and 2nd R&O03/21/03 68 FR 13850 FNPRM 10/15/04 69 FR 61193 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7037 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: john.norton@fcc.gov RIN: 3060-AG02 _______________________________________________________________________ 3891. CABLE ACT REFORM Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 522; 47 USC 543; 47 USC 544; 47 USC 548; 47 USC 552 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: This proceeding implements the cable reform section of the Telecommunications Act of 1996. It addresses several issues, including the cable rate complaint process, effective competition and subscriber notifications. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Order & NPRM 04/30/96 61 FR 19013 Report & Order 07/02/99 64 FR 35948 Correction 08/06/99 64 FR 42855 Order on Recon 06/14/02 67 FR 40870 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: State, Local Federalism: Undetermined Agency Contact: John Norton, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 [[Page 65569]] Phone: 202 418-7037 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: john.norton@fcc.gov RIN: 3060-AG27 _______________________________________________________________________ 3892. COMPETITIVE AVAILABILITY OF NAVIGATION DEVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 549 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: The Commission has adopted rules to address the mandate expressed in section 629 of the Communications Act to ensure the commercial availability of ``navigation devices,'' the equipment used to access video programming and other services from multichannel video programming systems. Petitions for reconsideration were resolved in a recent order. The Commission also issued a Further Notice of Proposed Rulemaking and Declaratory Ruling. The Further Notice sought comment as to the effectiveness of the Commission's rules for achieving the commercial availability of navigation devices. Accompanying the Further Notice was a Declaratory Ruling which found that technology licenses requiring copy protection measures to be located within a navigation host device are consistent with the Commission's navigation devices rules. A subsequent Order adopted rules to enable direct connection of a digital television set to a digital cable system. A Further Notice of Proposed Rulemaking initiated an examination of approval of connectors and content protector technologies. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/05/97 62 FR 10011 R&O 07/15/98 63 FR 38089 Order on Reconsideration 06/02/99 64 FR 29599 FNPRM & Declaratory Ruling 09/28/00 65 FR 58255 FNPRM 01/16/03 68 FR 2278 Order and FNPRM 06/17/03 68 FR 35818 2nd R&O 11/28/03 68 FR 66728 FNPRM 11/28/03 68 FR 66776 Order on Reconsideration 01/28/04 69 FR 4081 2nd R&O 06/22/05 70 FR 36040 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Natalie Roisman, Attorney Advisor, Policy Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1655 Fax: 202 418-1069 Email: natalie.roisman@fcc.gov RIN: 3060-AG28 _______________________________________________________________________ 3893. MINOR MODIFICATIONS OF BROADCAST LICENSES WITHOUT PRIOR CONSTRUCTION PERMIT (MM DOCKET NO. 96-58) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 155(c)(1); 47 USC 302; 47 USC 303 CFR Citation: 47 CFR 73 Legal Deadline: None Abstract: This proceeding will implement the Commission's new authority to eliminate the present requirement for a construction permit for a broadcast station in certain instances where the changed facilities would not have an adverse impact on other broadcast facilities. In these instances, licensees or permittees will be able to initiate the change without prior authority and file a license application to cover the change afterwards. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/08/96 61 FR 15439 R&O 09/30/97 62 FR 51052 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Dale Bickel, Engineer, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2700 Email: dbickel@fcc.gov RIN: 3060-AG30 _______________________________________________________________________ 3894. POLE ATTACHMENT PROVISIONS (CS DOCKET NO. 97-98) Priority: Other Significant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 224; 47 USC 303; 47 USC 403 CFR Citation: 47 CFR 1.1401 to 1.1418 Legal Deadline: Final, Statutory, February 8, 1998. Abstract: The Commission established rules relating to pole attachments. The Telecommunications Act of 1996 required that within two years the Commission prescribe regulations governing the charges for pole attachments for telecommunications attachers. These regulations are to be used by cable operators and telecommunications carriers to provide telecommunications services when the utility and attaching entity parties fail to resolve a dispute over such charges. The Report and Order released in 1998 prescribed regulations to govern these charges. In April 2000, the Commission released a Report and Order addressing issues related to the formula used to calculate just and reasonable rates that utilities charge for pole attachments. Petitions for reconsideration of both the 1998 and 2000 orders were resolved by Order released in May 2001. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/18/97 62 FR 43963 R&O 03/12/98 63 FR 12013 R&O 05/17/00 65 FR 31270 Erratum 05/31/00 65 FR 34820 Reconsideration Order 06/29/01 66 FR 34569 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: State Federalism: Undetermined Agency Contact: Katie Costello, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2233 Fax: 202 418-1069 Email: katie.costello@fcc.gov RIN: 3060-AG71 [[Page 65570]] _______________________________________________________________________ 3895. DIGITAL MUST CARRY Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 534 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: Section 614(b)(4)(B) of the Communications Act requires that, at the time the Commission prescribes standards for advanced television, it should ``initiate a proceeding to establish any changes in the signal carriage requirements of cable television systems necessary to ensure cable carriage of those broadcast signals of local commercial television stations which have been changed to conform with such modified standards.'' In August of 1998, the FCC issued a Notice of Proposed Rulemaking seeking comments on the requirements of that section. In June 2000, based on responses to the Notice of Proposed Rulemaking, the Commission clarified that DTV-only television stations, in the context of auctioning analog channels 59-69, will ultimately have must carry rights. In January of 2001, the Commission issued a First Report and Order and Further Notice of Proposed Rulemaking resolving a number of technical and legal issues, including clarification that digital-only TV stations are entitled to mandatory carriage. In the 2nd Report & Order and First Order on Reconsideration, adopted in February 2003, the Commission affirmed its tentative conclusion not to impose dual carriage and affirmed its prior determination that broadcasters were entitled to carriage of one digital programming stream. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/07/98 63 FR 42330 MO&O and FNPRM 07/12/00 65 FR 42879 FNPRM 03/26/01 66 FR 16523 First R&O 03/26/01 66 FR 16533 2nd R&O and 1st Order on Recon 03/22/05 70 FR 14412 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Eloise Gore, Assistant Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1066 TDD Phone: 202 418-7172 Fax: 202 418-1069 Email: eloise.gore@fcc.gov RIN: 3060-AG91 _______________________________________________________________________ 3896. HORIZONTAL OWNERSHIP LIMITS AND ATTRIBUTION RULES Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 533 CFR Citation: 47 CFR 76 Legal Deadline: None Abstract: Section 613 of the Communications Act requires the Commission to ``prescribe rules and regulations establishing reasonable limits on the number of cable subscribers a person is authorized to reach through cable systems owned by such person, or in which such person has an attributable interest.'' On October 8, 1999, the Commission issued a Third Report and Order, FCC 99-289, in this matter. The Commission revised the horizontal ownership rules as follows: (1) All multichannel video subscribers will be counted when calculating the 30 percent ownership limit; (2) actual subscriber numbers, rather than potential subscriber numbers, will be used for calculating an owner's share; and (3) the minority exception which allowed a 35 percent ownership limit for minority-owned entities under certain circumstances was eliminated. On March 2, 2001, the District of Columbia Circuit Court reversed and remanded the cable horizontal and vertical limits, as well as two aspects of the attribution rules used to determine compliance with these limits. (Time Warner Entertainment Co. v. FCC, 240 F.3d 1126 (DC cir.2001)). Pursuant to the court's remand, the Commission solicited comment in a Further Notice of Proposed Rulemaking (Sept, 2001) and is now seeking supplemental comment and evidence. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Second MO&O on Recon and FNPRM 07/14/98 63 FR 37790 Third R&O 12/01/99 64 FR 67198 Order on Recon 03/08/00 65 FR 12135 MO&O 06/08/00 65 FR 36382 FNPRM 10/11/01 66 FR 51905 Second FNPRM 06/18/05 70 FR 33680 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Royce Sherlock, Chief, Industry Analysis Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7030 Fax: 202 418-1196 Email: rsherlock@fcc.gov RIN: 3060-AH09 _______________________________________________________________________ 3897. DIGITAL AUDIO BROADCASTING SYSTEMS (MM DOCKET NO. 99-325) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 303 CFR Citation: 47 CFR 73 Legal Deadline: None Abstract: The rulemaking proceeding was initiated to foster the development and implementation of terrestrial digital audio broadcasting (DAB). The transition to DAB promises the benefits that have generally accompanied digitalization - better audio fidelity, more robust transmission systems, and the possibility of new auxiliary services. In the First Report and Order, the Commission selected in- band, on-channel as the technology that will permit AM and FM radio broadcasters to introduce digital operations. Consideration of formal standard-setting procedures and related broadcasting licensing and service rule changes are addressed in Further Notice of Proposed Rulemaking. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/09/99 64 FR 61054 First R&O 12/23/02 67 FR 78193 FNPRM and NOI 05/14/04 69 FR 27815 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses [[Page 65571]] Government Levels Affected: None Federalism: Undetermined Agency Contact: Peter Doyle, Chief, Audio Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2700 Email: pdoyle@fcc.gov RIN: 3060-AH40 _______________________________________________________________________ 3898. PERIODIC REVIEW OF RULES AND POLICIES AFFECTING THE CONVERSION TO DTV Priority: Substantive, Nonsignificant Legal Authority: 47 USC 4(i); 47 USC 4(j); 47 USC 303(r); 47 USC 307; 47 USC 309; 47 USC 336 CFR Citation: 47 CFR 73 Legal Deadline: None Abstract: On January 18, 2001, the Commission adopted a Report and Order (R&O) and Further Notice of Proposed Rulemaking, addressing a number of issues related to the conversion of the nation's broadcast television system from analog to digital television. The 2nd Report & Order resolved several major technical issues including the issue of receiver performance standards, DTV tuners, and revisions to certain components of the DTV transmission standard. The latest NPRM commenced the Commission's second periodic review of the progress of the digital television conversion. The resulting R&O adopted a multi-step process to create a new DTV table of allotments and authorizations. Also in the R&O, the Commission adopted replication and maximization deadlines for DTV broadcasters and updated rules in recognition revisions to broadcast transmission standards. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/23/00 65 FR 15600 Report & Order 02/13/01 66 FR 9973 MO&O 12/18/01 66 FR 65122 3rd MO&O and Order on Recon 10/02/02 67 FR 61816 2nd R&O and 2nd MO&O 10/11/02 67 FR 63290 NPRM 02/18/03 68 FR 7737 R&O 10/04/04 69 FR 59500 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Eloise Gore, Assistant Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1066 TDD Phone: 202 418-7172 Fax: 202 418-1069 Email: eloise.gore@fcc.gov RIN: 3060-AH54 _______________________________________________________________________ 3899. DIRECT BROADCAST PUBLIC INTEREST OBLIGATIONS; MM DOCKET NO. 93-25 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 335 CFR Citation: 47 CFR 25; 47 CFR 100 Legal Deadline: None Abstract: The Commission adopted rules in 1998 that implement section 25 of the Cable Television Consumer Protection and Competition Act of 1992, as codified at section 335 of the Communications Act of 1934. Section 335 directs the Commission to impose certain public interest obligations on direct broadcast satellite providers. Several petitions for reconsideration are pending. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/08/93 58 FR 12917 Report and Order 02/08/99 64 FR 52399 Order on Reconsideration 04/22/04 69 FR 21761 Order on Reconsideration 04/28/04 69 FR 23155 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Rosalee Chiara, Staff Attorney, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554 Phone: 202 418-0754 Email: rchiara@fcc.gov RIN: 3060-AH59 _______________________________________________________________________ 3900. CHILDREN'S TV, OBLIGATIONS OF DIGITAL TV BROADCASTERS (MM DOCKET NO. 00-167) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303; 47 USC 307; 47 USC 336(d) CFR Citation: 47 CFR 73.670; 47 CFR 73.671; 47 CFR 73.673 Legal Deadline: None Abstract: This item seeks comment on a range of issues related to application of our existing children's programming rules to digital broadcasting. The NPRM focuses primarily on two areas: the obligation of commercial television broadcast licensees to provide educational and informational programming for children and the requirement that television broadcast licensees limit the amount of advertising in children's programs. The resulting Report and Order addressed the obligation of DTV broadcasters to provide programming to children. Further, the R&O amended the Commission's rules regarding on-air identification of children's programming. Regarding commercial time limits, the R&O addressed issues related to the definition of ``commercial matter.'' Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/08/00 65 FR 66951 R&O 01/03/05 70 FR 25 FNPRM 01/03/05 70 FR 63 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Kim Matthews, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2130 Fax: 202 418-2053 RIN: 3060-AH68 _______________________________________________________________________ 3901. EXTENSION OF FILING REQUIREMENTS FOR CHILDREN'S TV PROGRAMMING REPORT (MM DOCKET NO. 00-44) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303; 47 USC 308 [[Page 65572]] CFR Citation: 47 CFR 73.3526 Legal Deadline: None Abstract: This document seeks comment on the tentative conclusion that broadcasters who maintain Internet websites should be required to post their completed quarterly Children's Television Programming Reports (FCC Form 398) on these sites. The FCC Form 398 is required to be filed by commercial television broadcast stations each quarter. This form is used to provide information on the efforts of commercial television stations to provide children's educational and informational programs aired to meet its obligation under the Children's Television Act of 1990. Although the Children's Television Programming Reports are available in a central location on the FCC's website, members of the public may look first to their local broadcast station for information about programming at the station, making station website posting useful. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/04/00 65 FR 25895 R&O 11/09/00 65 FR 67283 Further NPRM 11/09/00 65 FR 67331 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Kim Matthews, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2130 Fax: 202 418-2053 RIN: 3060-AH69 _______________________________________________________________________ 3902. RADIO MARKET DEFINITIONS (MM DOCKET NO. 03-130) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 202(h); 47 USC 303; 47 USC 307 CFR Citation: 47 CFR 73.3555 Legal Deadline: None Abstract: This FNPRM proposes changes to local ownership rules and policies concerning multiple ownership of radio broadcasting stations. The Commission examines the effect our current rules have had on the public and seeks comments to better serve our communities. This action is also intended to consider possible changes to our current local market radio ownership rules and policies in accordance with the Telecommunications Act of 1996. Because of the similarity of the issues presented in the Multiple Ownership of Radio Broadcast Stations in Local Markets to those in the Matter of Definition of Radio Market, the two actions were, in effect, consolidated. These issues were evaluated as part of the Commission's biennial review of Media Ownership rules. An NPRM was initiated regarding the definition of radio markets in smaller communities. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/28/00 65 FR 82305 FNPRM 12/11/01 66 FR 63997 NPRM 08/05/03 68 FR 46359 R&O 08/05/03 68 FR 46289 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Mania K. Baghdadi, Deputy Division Chief, Industry Analysis Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2130 Email: mbaghda@fcc.gov RIN: 3060-AH70 _______________________________________________________________________ 3903. ENHANCED AND STANDARDIZED DISCLOSURE (MM DOCKET NO. 00-168) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303; 47 USC 307; 47 USC 309; 47 USC 336 CFR Citation: 47 CFR 73.3526 Legal Deadline: None Abstract: This item concerns rules and policies on how commercial television broadcast station licensees provide public interest information to the public. This document proposes amendments to the public inspection file rules that would standardize the format used for providing public interest information to the public and make information contained in public inspection files available on the Internet. The intended effect of this action is to propose rules that would make information regarding how television broadcast stations meet their fundamental public interest obligation to serve the needs and interests of their communities of license easier to understand or more accessible to the public. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/19/00 65 FR 62683 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Jane Gross, Senior Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2139 Fax: 202 418-2053 RIN: 3060-AH71 _______________________________________________________________________ 3904. REVISION OF EEO RULES AND POLICIES; MM DOCKET NO. 98-204 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 257; 47 USC 301; 47 USC 303; 47 USC 307; 47 USC 308; 47 USC 309; 47 USC 334; 47 USC 403; 47 USC 554 CFR Citation: 47 CFR 73.2080; 47 CFR 76.73; 47 CFR 76.75; 47 CFR 76.79; 47 CFR 76.1702 Legal Deadline: None Abstract: FCC authority to govern Equal Employment Opportunity (EEO) responsibilities of cable television operators was codified in the Cable Communications Policy Act of 1984. This authority was extended to television broadcast licensees and other multi-channel video programming distributors in the Cable and Television Consumer Protection Act of 1992. In the Second Report and Order, the FCC adopted new EEO rules and policies. This action was in response to a decision of the U.S. Court of Appeals for the District of Columbia Circuit that [[Page 65573]] found prior EEO rules unconstitutional. The Third Notice of Proposed Rulemaking requests comment as to the applicability of the EEO rules to part-time employees. The Third Report and Order adopted revised forms for broadcast station and MVPDs Annual Employment Report. In the Fourth NPRM, comment was sought regarding public access to the data contained in the forms. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/14/02 67 FR 1704 2nd R&O and 3rd NPRM 01/07/03 68 FR 670 Correction 01/13/03 68 FR 1657 4th NPRM 06/23/04 69 FR 34986 3rd R&O 06/23/04 69 FR 34950 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Lewis Pulley, Asst. Chief, Policy Div., Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1450 Email: lewis.pulley@fcc.gov RIN: 3060-AH95 _______________________________________________________________________ 3905. BROADCAST MULTIPLE AND CROSS-OWNERSHIP LIMITS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 152(a); 47 USC 154(i); 47 USC 303, 307, 309,310 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In 2002, the Commission undertook a comprehensive review of its broadcast multiple and cross-ownership limits examining: cross ownership of TV and radio stations; local TV ownershp limits; national TV cap; and dual network rule. The Report and Order replaced the newspaper/broadcast cross-ownership and radio and TV rules with a tiered approach based on the number of television stations in a market. Petitions for Reconsideration are pending. Also, the Third Circuit Court of Appeals remanded portions of the Commission's decisions and implemented a stay that prevents implementation. The Supreme Court denied Petitions for Certiorari. The R&O revised the local TV ownership limit and affirmed the radio limits, but modified other aspects of the radio rule. The Commission affirmed the dual network rule and raised the national TV cap from 35 percent to 45 percent. Congress subsequently established caps at 39 percent. In connection with this action, the Commission issued a Public Notice seeking comment on its authority to modify the 50 percent UHF discount used to determine compliance with the national cap. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/05/01 66 FR 50991 R&O 08/05/03 68 FR 46286 Public Notice 02/19/04 69 FR 9216 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Mania K. Baghdadi, Deputy Division Chief, Industry Analysis Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2130 Email: mbaghda@fcc.gov RIN: 3060-AH97 _______________________________________________________________________ 3906. ESTABLISHMENT OF RULES FOR DIGITAL LOW POWER TELEVISION, TELEVISION TRANSLATOR, AND TELEVISION BOOSTER STATIONS (MB DOCKET 03- 185) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 309; 47 USC 336 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This proceeding initiates the digital television conversion for low power television (LPTV) and television translator stations. The rules and policies adopted as a result of this proceeding provide the framework for these stations' conversion from analog to digital broadcasting. The Report and Order adopts definitions and permissible use provisions for digital TV translator and LPTV stations. Petitions for reconsideration of the Report and Order are pending resolution. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/26/03 68 FR 55566 R&O 11/29/04 69 FR 69325 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Keith Larson, Chief Engineer, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2607 Email: keith.larson@fcc.gov RIN: 3060-AI38 _______________________________________________________________________ 3907. JOINT SALES AGREEMENTS IN LOCAL TELEVISION MARKETS Priority: Other Significant Legal Authority: 47 USC 151; 47 USC 152(a); 47 USC 154(i); 47 USC 303; . . . CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A joint sales agreement (JSA) is an agreement with a licensee of a brokered station that authorizes a broker to sell some or all of the advertising time for the brokered station in return for a fee or percentage of revenues paid to the licensee. The Commission has sought comment on whether TV JSAs should be attributed for purposes of determining compliance with the Commission's multiple ownership rules. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/26/04 69 FR 52464 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined [[Page 65574]] Federalism: Undetermined Agency Contact: Debra Sabourin, Attorney Advisor, Federal Communications Commission, Mass Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2130 Email: debra.sabourin@fcc.gov RIN: 3060-AI55 _______________________________________________________________________ 3908. SIGNIFICANTLY VIEWED OUT-OF-MARKET BROADCAST STATIONS (DOCKET 05- 49) Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 340 CFR Citation: 47 CFR 54 Legal Deadline: None Abstract: Section 202 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 creates Section 340 of the Communications Act, which provides satellite carries with the authority to offer Commission determined ``significantly viewed'' signals of out-of-market broadcast stations to subscribers. In the NPRM, comment was sought on implementation of Section 340. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/08/05 70 FR 11314 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Evan Baranoff, Attorney, Policy Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7142 Email: evan.baranoff@fcc.gov RIN: 3060-AI56 _______________________________________________________________________ 3909. [bull] IMPLEMENTATION OF SECTION 210 OF THE SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004 TO AMEND SECTION 338 OF THE COMMUNICATIONS ACT. Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 338(a)(4) CFR Citation: 47 CFR 76.66 Legal Deadline: None Abstract: In this document the Commission establishes final rules implementing Section 210 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, which amends Section 338(a)(4) of the Communications Act to require satellite carriage of the analog signals and digital signals of local stations in Alaska and Hawaii. Satellite carriers with more than five million subscribers must carry these signals to substantially all of their subscribers in each station's local market by December 8, 2005 for analog signals and by June 8, 2007 for digital signals. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/09/05 70 FR 24350--01 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: Eloise Gore, Assistant Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1066 TDD Phone: 202 418-7172 Fax: 202 418-1069 Email: eloise.gore@fcc.gov RIN: 3060-AI64 _______________________________________________________________________ 3910. [bull] IMPLEMENTATION OF SECTION 207 OF THE SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004. RECIPROCAL BARGAINING OBLIGATION. Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i) and (j); 47 USC 325 CFR Citation: 47 CFR 76.64; 47 CFR 76.65 Legal Deadline: None Abstract: In this item, the Commission establishes rules implementing Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). Because the Commission has in place existing rules governing good faith retransmission consent negotiations, we conclude that the most faithful and expeditious implementation of the amendments contemplated in the SHVERA is to extend to MVPDs the existing good faith bargaining obligation imposed on broadcasters under out rules. The item accordingly amends the Commission's rules to apply equally to broadcasters and MVPDs. We also conclude that the reciprocal bargaining obligation applies to retransmission consent negotiations between all broadcasters and MVPDs regardless of the designated market area in which they are located. Because the text of the statute applies without qualification to ``television broadcast stations, ''multichannel video programming distributors`` and ''retransmission consent agreements,`` the item concludes that the reciprocal bargaining obligation applies to all retransmission consent agreements. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/29/99 64 FR 72985 R&O 07/13/05 70 FR 40216 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: Steven Broeckaert, Deputy Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-8120 TDD Phone: 202 418-7172 Fax: 202 418-1069 Email: steven.broeckart@fcc.gov RIN: 3060-AI65 _______________________________________________________________________ 3911. [bull] IMPLEMENTATION OF THE SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004 PROCEDURAL RULES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 338(h); 47 USC 339(c)(4)(D); 47 USC 340(h) CFR Citation: 47 CFR 73.683; 47 CFR 76.1; 47 CFR 76.66 Legal Deadline: None Abstract: The Commission has established procedural rules in [[Page 65575]] compliance with requirements in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The Commission first prescribes rules for carriage elections on a county basis, unified retransmission consent negotiations, and notifications by satellite carriers to local broadcasters concerning carriage of significantly viewed signals. The Commission also revises the rules for satellite carriers' notices to station licensees when the carrier is going to initiate new local service. Finally, the Commission establishes a procedural rule which exempts satellite carriers from the signal testing requirements of section 339(c)(4) of the Communications Act of 1934, as amended, when local-into-local service is available. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ R&O 04/27/05 70 FR 21669 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: Kenneth Lewis, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2622 Email: kennth.lewis@fcc.gov RIN: 3060-AI66 _______________________________________________________________________ Federal Communications Commission (FCC) Completed Actions Media Bureau _______________________________________________________________________ 3912. CLOSED CAPTIONING Priority: Other Significant Legal Authority: 47 USC 613 CFR Citation: 47 CFR 79.1; 47 CFR 79.2 Legal Deadline: None Abstract: The FCC adopted regulations to ensure that video programming is accessible to persons with hearing disabilities through closed captioning. The rules were adopted in August 1997 and modified in response to petitions for reconsideration in September 1998. In April 2000, the FCC adopted rules to ensure the accessibility of televised emergency information to persons with hearing disabilities through closed captioning or another method of visual presentation. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NOI 12/15/95 60 FR 65052 Order 01/29/96 61 FR 2781 Order 03/12/96 61 FR 9963 Report 08/14/96 61 FR 42249 NPRM 02/03/97 62 FR 4959 Order 03/24/97 62 FR 13853 R&O 09/16/97 62 FR 48487 FNRPM 01/21/98 63 FR 3070 Order 10/20/98 63 FR 55959 Order 06/23/99 64 FR 33424 Second R&O 05/09/00 65 FR 26757 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: Additional Bureau: Consumer Information Agency Contact: Marcia Glauberman, Deputy Division Chief, Industry Analysis Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7046 TDD Phone: 202 418-7172 Fax: 202 418-1196 Email: mglauber@fcc.gov RIN: 3060-AG26 _______________________________________________________________________ Federal Communications Commission (FCC) Long-Term Actions Office of Managing Director _______________________________________________________________________ 3913. ASSESSMENT AND COLLECTION OF REGULATORY FEES FOR FY 2005 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 159 CFR Citation: 47 CFR 1.1151 et seq Legal Deadline: None Abstract: Section 9 of the Communications Act of 1934, as amended, 47 USC 159, requires the FCC to recover the costs of its activities by assessing and collecting annual regulatory fees from beneficiaries of the activities. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/28/05 70 FR 9575 R&O 07/21/05 70 FR 41967 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Federalism: Undetermined Agency Contact: Roland Helvajian, Office of the Managing Director, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0444 Email: roland.helvajian@fcc.gov RIN: 3060-AI59 _______________________________________________________________________ 3914. AMENDMENT OF THE COMMISSION'S RULES CONCERNING MARITIME COMMUNICATIONS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 303 CFR Citation: 47 CFR 80 Legal Deadline: None Abstract: Amendment of the Maritime Radio Service Rules to encourage growth and improve the regulatory structure in VHF maritime communications. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NOI/NPRM 11/05/92 57 FR 57717 FNPRM 04/26/95 60 FR 35507 [[Page 65576]] First R&O 04/26/95 60 FR 34198 Second FNPRM 06/17/97 62 FR 37533 Second R&O 06/17/97 62 FR 40281 Third R&O and MO&O 07/06/98 63 FR 40059 MO&O 04/26/99 64 FR 26885 Third NPRM 12/08/00 65 FR 76966 Fourth R&O 12/13/00 65 FR 77821 Fourth NPRM 02/04/02 67 FR 5080 2nd MO&O and 5th R&O 07/25/02 67 FR 48560 R&O 08/13/03 68 FR 48446 MO&O 04/15/04 69 FR 19947 Correcting Amendment 07/26/04 69 FR 44471 2nd R&O and 6th R&O 11/08/04 69 FR 64664 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: PR Docket No. 92-257. Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0680 Email: jeff.tobias@fcc.gov RIN: 3060-AF14 _______________________________________________________________________ 3915. RESALE AND ROAMING OBLIGATIONS PERTAINING TO COMMERCIAL MOBILE RADIO SERVICES Priority: Substantive, Nonsignificant. Major under 5 USC 801. Legal Authority: PL 103-66, sec 6002, Omnibus Budget Reconciliation Act of 1993 CFR Citation: 47 CFR 20; 47 CFR 22 Legal Deadline: None Abstract: On an interim basis, the First Report and Order extends to broadband PCS and covered SMR providers the cellular rule that prohibits restricting resale of communications services. The new rules sunset five years after the last group of initial licensees for currently allocated broadband PCS spectrum is awarded. The rules also eliminate all exceptions to the rule that allowed cellular licensees to restrict resale by competing with fully operational cellular licensees in the same geographic market. The Commission successfully adopted a Second Report and Order and Third Notice of Proposed Rulemaking in this proceeding. The Second Report and Order extends the Commission's cellular rules on manual roaming by any individual whose handset is capable of accessing the network of a cellular, broadband PCS, or covered SMR provider. The Third NPRM, among other things, sought comment on whether the Commission should adopt rules requiring cellular, broadband PCS, and covered SMR providers to provide automatic roaming in their coverage areas, and whether both automatic and manual roaming requirements should sunset five years after the initial grant of PCS licenses. The Third MO&O generally affirmed the Commission's earlier decision to extend the cellular resale rule to include certain PCS and SMR providers and to sunset the rule until November 24, 2002. However, it modified the prior decision by removing customer premise equipment (CPE) and CPE in bundled packages from the scope of the resale rule, by revising the scope of the resale rule to exclude all C, D, E, and F block PCS licensees that do not own and control and are not controlled by cellular or A or B block licensees, and by exempting from the rule all SMR and other CMRS providers that do not utilize in- network switching facilities. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/13/94 59 FR 35664 NOI 07/13/94 59 FR 35664 NPRM Comment Period End 09/29/94 NPRM 04/04/95 60 FR 20949 NPRM Comment Period End 07/14/95 First R&O 07/12/96 61 FR 38399 Second R&O and Third NPRM 08/15/96 61 FR 44026 MO&O and O on Recon 11/09/99 64 FR 61022 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: State, Federal Federalism: Undetermined Agency Contact: Jane Phillips, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1310 RIN: 3060-AF58 _______________________________________________________________________ 3916. IMPLEMENTATION OF SECTION 309(J) OF THE COMMUNICATIONS ACT, COMPETITIVE BIDDING; 218-219 MHZ COMPETITIVE BIDDING RULES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303(r); 47 USC 309(j) CFR Citation: 47 CFR 95 Legal Deadline: None Abstract: Tenth Report and Order modifies the competitive bidding rules for the upcoming auction of 218-219 MHz: (1) Eliminates bidding credits available to women- and minority-owned 218-219 MHz applicants; (2) extends two levels of bidding credits to small businesses based on a two-tiered small business definition; (3) clarifies the attribution rules for affiliates of 218-219 MHz applicants; and (4) increases the amount of the upfront payments required to participate in the 218-219 MHz auction. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ R&O 04/25/94 59 FR 24947 FNPRM 08/06/96 61 FR 49103 R&O 11/15/96 61 FR 60198 FNPRM 09/30/98 63 FR 52215 MO&O 10/08/98 63 FR 54073 R&O and MO&O 11/03/99 64 FR 59656 Order on Reconsideration 12/29/99 64 FR 72956 Second Order on Reconsideration 02/07/01 66 FR 9212 3rd Order on Recon of R&O and MO&O 06/24/02 67 FR 42507 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 98-169 Agency Contact: William Huber, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2109 Fax: 202 418-0890 Email: whuber@fcc.gov RIN: 3060-AG00 [[Page 65577]] _______________________________________________________________________ 3917. 39 GHZ CHANNEL PLAN Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 302; 47 USC 524 CFR Citation: 47 CFR 1; 47 CFR 2; 47 CFR 101 Legal Deadline: None Abstract: This proceeding amends the FCC's rules to facilitate more effective use of the 39 GHz band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/26/96 61 FR 2465 NPRM Comment Period End 02/12/96 Order 02/22/96 61 FR 6809 Reply Comments 02/27/96 Order 05/01/96 61 FR 19236 Second NPRM 01/21/98 63 FR 3075 R&O 02/06/98 63 FR 6079 MO&O 08/23/99 64 FR 45891 NPRM 12/20/99 64 FR 71088 R&O 01/02/01 66 FR 33 NPRM 12/21/01 66 FR 65866 R&O 03/04/02 67 FR 9610 R&O 12/03/02 67 FR 71861 R&O 08/13/03 68 FR 48446 Third NPRM 08/27/04 69 FR 52632 Third NPRM Comment Period Extended 10/04/04 69 FR 59166 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: ET Docket No. 95-183, RM-8553; PP Docket No. 93-253 Agency Contact: Ken Burnley, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0664 Email: kburnley@fcc.gov Jennifer Burton, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7581 RIN: 3060-AG16 _______________________________________________________________________ 3918. IMPLEMENTATION OF 309(J) OF THE COMMUNICATIONS ACT, AMENDMENT OF PARTS 20 AND 24 OF THE COMMISSION'S RULES -- BROADBAND PCS COMPETITIVE BIDDING AND THE COMMERCIAL MOBILE RADIO SERVICE SPECTRUM CAP Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 301; 47 USC 302; 47 USC 303(r); 47 USC 309(j); 47 USC 332 CFR Citation: 47 CFR 24 Legal Deadline: None Abstract: NPRM to modify the competitive bidding rules for the Broadband PCS F Block. Report and Order, adopted 6/21/96, modified the PCS/cellular rule and the cellular spectrum cap. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ O on Recon of Fifth MO&O and D, E, & F R&O 11/15/00 65 FR 68927 Final Rule 03/02/01 66 FR 13022 Final Rule 06/04/01 66 FR 29911 3rd NPRM 08/27/04 69 FR 52632 3rd NPRM Comment Period Extended10/04/04 69 FR 59166 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: PP Docket No. 93-253 Agency Contact: Audrey Bashkin, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7535 Email: abashkin@fcc.gov RIN: 3060-AG21 _______________________________________________________________________ 3919. REVISION OF THE RULES TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING SYSTEMS Priority: Other Significant. Major under 5 USC 801. Legal Authority: 47 USC 134(i); 47 USC 151; 47 USC 201; 47 USC 208; 47 USC 215; 47 USC 303; 47 USC 309 CFR Citation: 47 CFR 20 Legal Deadline: None Abstract: In a series of orders in several related proceedings issued since 1996, the Federal Communications Commission has taken action to improve the quality and reliability of 911 emergency services for wireless phone users. Rules have been adopted governing the availability of basic 911 services and the implementation of enhanced 911 (E911) for wireless services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ FNPRM 07/26/96 61 FR 40374 R&O 07/26/96 61 FR 40348 MO&O 01/16/98 63 FR 2631 Second Report & Order 06/28/99 64 FR 34564 Third R&O 11/04/99 64 FR 60126 Second MO&O 12/29/99 64 FR 72951 Fourth Report & Order, Third NPRM, and NPRM 09/19/00 65 FR 56752 Fourth MO&O 10/02/00 65 FR 58657 FNPRM 06/13/01 66 FR 31878 Order 11/02/01 66 FR 55618 R&O 05/23/02 67 FR 36112 Public Notice 07/17/02 67 FR 46909 Order to Stay 07/26/02 Order on Recon 01/22/03 68 FR 2914 FNPRM 01/23/03 68 FR 3214 2nd R & O, 2nd FNPRM 02/11/04 69 FR 657801 2nd R&O 09/07/04 69 FR 54037 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: State, Local Federalism: Undetermined Additional Information: CC Docket No. 94-102; CC Docket No. 96-115; CC Docket No. 92-105; WT Docket No. 00-110 Agency Contact: Dan Grosh, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1310 Fax: 202 418-8188 Email: dgrosh@fcc.gov RIN: 3060-AG34 [[Page 65578]] _______________________________________________________________________ 3920. IN THE MATTER OF THE COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT Priority: Other Significant. Major under 5 USC 801. Legal Authority: 47 USC 229; 47 USC 1001 to 1008 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: All of the decisions in this proceeding thus far are aimed at implementation of provisions of the Communications Assistance for Law Enforcement Act. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/10/97 62 FR 63302 Order 01/13/98 63 FR 1943 FNPRM 11/16/98 63 FR 63639 Report & Order 01/29/99 64 FR 51462 Order 03/29/99 64 FR 14834 Second Report & Order 09/23/99 64 FR 51462 Third Report & Order 09/24/99 64 FR 51710 Order on Recon 09/28/99 64 FR 52244 Policy Statement 10/12/99 64 FR 55164 Second Order on Recon 05/04/01 66 FR 22446 Order 10/05/01 66 FR 50841 Order on Remand 05/02/02 67 FR 21999 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: CC Docket No. 97-213 Agency Contact: John Spencer, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1310 Email: jspencer@fcc.gov RIN: 3060-AG74 _______________________________________________________________________ 3921. DEVELOPMENT OF OPERATIONAL, TECHNICAL, AND SPECTRUM REQUIREMENTS FOR PUBLIC SAFETY COMMUNICATIONS REQUIREMENTS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 160; 47 USC 201; 47 USC 202; 47 USC 303; 47 USC 337(a); 47 USC 403 CFR Citation: 47 CFR 90 Legal Deadline: None Abstract: This item takes steps toward developing a flexible regulatory framework to meet vital current and future public safety communications needs. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/09/97 62 FR 60199 Second NPRM 11/07/97 62 FR 60199 First R&O 08/06/98 63 FR 58645 Third NPRM 08/06/98 63 FR 58685 MO&O 04/26/99 64 FR 60123 Second R&O 08/08/00 65 FR 48393 Fourth NPRM 08/25/00 65 FR 51788 Second MO&O 09/05/00 65 FR 53641 Third MO&O 11/07/00 65 FR 66644 Third R&O 11/07/00 65 FR 66644 Fifth NPRM 02/16/01 66 FR 10660 Fourth R&O 02/16/01 66 FR 10632 MO&O 09/27/02 67 FR 61002 NPRM 11/08/02 67 FR 68079 R&O 12/13/02 67 FR 76697 NPRM 04/27/05 70 FR 21726 R&O 04/27/05 70 FR 21671 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Local, State Federalism: Undetermined Additional Information: WT Docket No. 96-86 Agency Contact: Michael Connelly, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0132 Email: michael.connelly@fcc.gov RIN: 3060-AG85 _______________________________________________________________________ 3922. MULTIPLE ACCESS SYSTEMS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 302; 47 USC 303 CFR Citation: 47 CFR 101 Legal Deadline: None Abstract: This proceeding amended the FCC's rules regarding multiple address systems (MAS) in the microwave service. It streamlined regulations and established a framework for MAS spectrum that provides opportunities for continued development of competitive service offerings by allowing a variety of services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/19/97 62 FR 11407 Order 09/17/98 63 FR 53350 FNPRM 05/18/99 64 FR 38617 R&O 04/03/00 65 FR 17445 MO&O 07/03/01 66 FR 35107 Final Rule 07/22/04 69 FR 43772 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 97-81 Agency Contact: Shellie Blakeney, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0680 Email: sblakene@fcc.gov RIN: 3060-AG86 _______________________________________________________________________ 3923. AMENDMENT OF PART I OF THE COMMISSION'S RULES--COMPETITIVE BIDDING PROCEDURES Priority: Substantive, Nonsignificant. Major under 5 USC 801. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 202; 47 USC 303; 47 USC 309(j) CFR Citation: 47 CFR 1; 47 CFR 21; 47 CFR 24; 47 CFR 27; 47 CFR 90; 47 CFR 95 Legal Deadline: None Abstract: This proceeding proposes to amend and modify the competitive bidding rules for all auctionable services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/21/97 62 FR 13570 NPRM Comment Period End 04/16/97 Second FNPRM 01/07/98 63 FR 770 Third R&O 01/15/98 63 FR 2315 Fifth R&O, Order on Recon 08/29/00 65 FR 52323 Fourth FNPRM 08/29/00 65 FR 52401 Seventh R&O 10/29/01 66 FR 54447 8th R&O 04/08/02 67 FR 16647 [[Page 65579]] 2nd Order on Recon of 3rd R&O and Order on Recon of 5th R&O 07/21/03 68 FR 42984 Final Rule 10/07/03 68 FR 57828 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 97-82 Agency Contact: Robert Krinsky, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2909 Fax: 202 418-0890 Email: robert.krinsky@fcc.gov RIN: 3060-AG87 _______________________________________________________________________ 3924. AMENDMENT OF PART 90 OF THE RULES TO ADOPT REGULATIONS FOR AUTOMATIC VEHICLE MONITORING SYSTEMS Priority: Substantive, Nonsignificant. Major under 5 USC 801. Legal Authority: 47 USC 154; 47 USC 251; 47 USC 252; 47 USC 303; 47 USC 309; 47 USC 332 CFR Citation: 47 CFR 1; 47 CFR 90 Legal Deadline: None Abstract: This Second Report and Order adopts rules and procedures governing competitive bidding for multilateration Location and Monitoring Service (LMS) frequencies. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/06/97 62 FR 52078 NPRM Comment Period End 11/20/97 Second R&O 07/30/98 63 FR 40659 NPRM 05/03/99 64 FR 23571 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: The NPRM sought comment on the LMS auction following the general competitive bidding procedures of part 1, subpart Q; the establishment of a small business definition for LMS; whether small business provisions are sufficient to promote participation by businesses owned by minorities, women or rural telephone companies; partitioning and disaggregation. PR Docket No. 93-61 Agency Contact: Ken Burnley, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0664 Email: kburnley@fcc.gov RIN: 3060-AH12 _______________________________________________________________________ 3925. FIXED SATELLITE SERVICE AND TERRESTRIAL SYSTEM IN THE KU-BAND Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 157; 47 USC 303 CFR Citation: 47 CFR 2; 47 CFR 25 Legal Deadline: None Abstract: The Memorandum Opinion and Order and 2nd Report and Order addressed petitions for reconsideration and established technical, service, and licensing rules for Multichannel Video Distribution and Data Service (MVDDS) in the 12 GHz band. MVDDS will facilitate the delivery of new communications services, such as video and broadband services, to a wide range of populations, including those that are unserved or underserved. These rules will allow MVDDS licensees to share the 12 GHz band with new operators on a com-primary basis, and non-harmful interference basis with incumbent Direct Broadcast Satellite service providers. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/12/99 64 FR 1786 Order 02/16/99 64 FR 7577 Public Notice 12/15/99 64 FR 70028 FNPRM 01/24/01 66 FR 7607 R&O 02/16/01 66 FR 10601 Petitions for Reconsideration 04/09/01 66 FR 18474 2nd R&O 06/26/02 67 FR 43031 3rd R&O 06/18/03 68 FR 42610 Order To Deny 06/25/03 68 FR 43942 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: ET Docket No. 98-206 Agency Contact: Tom Derenge, Wireless Telecommunications Bureau, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2451 Email: thomas.derenge@fcc.gov RIN: 3060-AH17 _______________________________________________________________________ 3926. SERVICE RULES FOR THE 746-764 AND 776-794 MHZ BANDS, AND REVISIONS TO PART 27 OF THE COMMISSION'S RULES Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 1; 47 USC 4(i); 47 USC 7; 47 USC 10; 47 USC 201; 47 USC 202; 47 USC 208; 47 USC 214; 47 USC 301; 47 USC 303; 47 USC 307; 47 USC 308; 47 USC 309(j); 47 USC 309(k); 47 USC 310; 47 USC 311; 47 USC 315; 47 USC 317; 47 USC 324; 47 USC 331; 47 USC 332; 47 USC 336 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Report and Order in this proceeding adopts service rules for licensing and auction of commercial services in spectrum in the 700 MHz band to be vacated by UHF television licensees. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/07/99 64 FR 36686 R&O 01/20/00 65 FR 3139 Second R&O 04/04/00 65 FR 17594 MO&O and FNPRM 07/12/00 65 FR 42879 Second MO&O 02/06/01 66 FR 9035 Third R&O 02/14/01 66 FR 10204 Second MO&O 02/15/01 66 FR 10374 Order on Recon of Third R&O 10/10/01 66 FR 51594 3rd MO&O and Order 07/30/02 67 FR 49244 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined [[Page 65580]] Additional Information: WT Docket No. 99-168; CS Docket No. 98-120; MM Docket No. 00-39 Agency Contact: William Huber, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2109 Fax: 202 418-0890 Email: whuber@fcc.gov RIN: 3060-AH32 _______________________________________________________________________ 3927. IMPLEMENTATION OF SECTIONS 309(J) AND 337 OF THE COMMUNICATIONS ACT OF 1934 AS AMENDED Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303(r); 47 USC 309(j) CFR Citation: 47 CFR 1; 47 CFR 22; 47 CFR 24; 47 CFR 26; 47 CFR 27; 47 CFR 73; 47 CFR 74; 47 CFR 80; 47 CFR 87 Legal Deadline: None Abstract: This NPRM commences a proceeding to implement 309(j) and 337 of the Communications Act, as amended by the Balanced Budget Act of 1997, which was signed into law on 8/5/97. This notice seeks comment on changes to the Commission's rules and policies to implement the revised auction authority. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/03/99 64 FR 23571 R&O 01/02/01 66 FR 33 MO&O 05/16/02 67 FR 34848 NPRM 07/17/03 68 FR 42337 R&O 07/17/03 68 FR 42296 Order 04/06/04 69 FR 17959 Final Rule 06/15/05 70 FR 34666 NPRM 06/15/05 70 FR 34726 Final Rule 05/11/05 70 FR 24712 Final Rule 07/20/05 70 FR 41631 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: State, Local Federalism: Undetermined Additional Information: WT Docket No. 99-87 Agency Contact: Roberto Mussenden, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1428 Email: roberto.mussenden@fcc.gov RIN: 3060-AH33 _______________________________________________________________________ 3928. AMENDMENT TO PARTS 1, 2, 87, AND 101 OF THE RULES TO LICENSE FIXED SERVICES AT 24 GHZ Priority: Substantive, Nonsignificant. Major under 5 USC 801. Legal Authority: 47 USC 151; 47 USC 154; 47 USC 303; 47 USC 309(j) CFR Citation: 47 CFR 1; 47 CFR 2; 47 CFR 101 Legal Deadline: None Abstract: This rulemaking proposes licensing and service rules to govern the 24 GHz band generally. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/20/99 64 FR 71088 R&O 08/05/00 65 FR 59350 Order 06/01/01 66 FR 29722 NPRM 12/21/01 66 FR 65866 Final Rule 07/27/04 69 FR 44608 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 99-327 Agency Contact: Nese Guendelsberger, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0634 Fax: 202 418-1186 Email: nguendel@fcc.gov Nancy Zaczek, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0680 Email: nzaczek@fcc.gov RIN: 3060-AH41 _______________________________________________________________________ 3929. PART 101 -- TERRESTRIAL MICROWAVE FIXED RADIO SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 302; 47 USC 303 CFR Citation: 47 CFR 101 Legal Deadline: None Abstract: Proceeding to streamline the Commission's rules, expedite processing of authorizations for terrestrial microwave fixed radio services and clarify rules concerning the terrestrial microwave fixed radio services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/11/95 60 FR 2722 R&O 05/28/96 61 FR 26670 Order 03/05/98 63 FR 10778 Final Rule Correction 03/24/98 63 FR 14039 NPRM 06/20/00 65 FR 38333 MO&O 06/20/00 65 FR 38324 R&O 01/31/03 68 FR 4953 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 94-148 (closed); WT Docket No. 00-19 Agency Contact: Michael Pollak, Electronics Engineer, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0680 Email: mpollak@fcc.gov RIN: 3060-AH42 _______________________________________________________________________ 3930. AMENDMENT OF PARTS 13 AND 80 GOVERNING MARITIME COMMUNICATIONS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 302; 47 USC 303 CFR Citation: 47 CFR 13; 47 CFR 80 Legal Deadline: None Abstract: This matter concerns the amendment of the rules governing maritime communications in order to consolidate, revise and streamline the regulations as well as address new international requirements and improve the operational ability of all users of marine radios. [[Page 65581]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/24/00 65 FR 21694 NPRM 08/17/00 65 FR 50173 NPRM 05/17/02 67 FR 35086 Report & Order 08/07/03 68 FR 46957 2nd R&O, 6th R&O, 2nd FNPRM 04/06/04 69 FR 18007 Comments Due 06/07/04 Reply Comments Due 07/06/04 2nd R&O and 6th R&O 11/08/04 69 FR 64664 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Additional Information: WT Docket No. 00-48 Agency Contact: Roberto Mussenden, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1428 Email: roberto.mussenden@fcc.gov RIN: 3060-AH55 _______________________________________________________________________ 3931. AMENDMENT OF THE RULES REGARDING INSTALLMENT PAYMENT FINANCING FOR PERSONAL COMMUNICATIONS SERVICES LICENSEES Priority: Substantive, Nonsignificant. Major under 5 USC 801. Legal Authority: 47 USC 154; 47 USC 301 to 303; 47 USC 309; 47 USC 332 CFR Citation: 47 CFR 1; 47 CFR 24 Legal Deadline: None Abstract: This proceeding proposes resumption of installment payments for broadband Personal Communications Services (PCS), e.g., for C and F Block, with payment deadline to be reinstated as of March 31, 1998. The proposal contemplates, inter alia, changes to the FCC's C Block rules to govern re-auction of surrendered spectrum in the C Block. The proposal was released on October 16, 1997, and published in the Federal Register. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ 2nd R&O 10/24/97 62 FR 55348 FNPRM 10/24/97 62 FR 55375 Order on Recon of Second R&O 04/08/98 63 FR 17111 Fourth R&O 09/23/98 63 FR 50791 Second Order on Recon of Second R&O 05/18/99 64 FR 26887 Recon of Fourth R&O 03/16/00 65 FR 14213 FNPRM 06/13/00 65 FR 37092 6th R&O and Order on Recon 09/05/00 65 FR 53620 Order on Recon 02/12/01 66 FR 9773 7th R&O 10/29/01 66 FR 54447 8th R&O 04/08/02 67 FR 16647 Final Rule 07/21/03 68 FR 42984 Final Rule 10/07/03 68 FR 57828 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Additional Information: The Order on Reconsideration published in the Federal Register in April 1998 addresses 37 petitions, 17 oppositions, 16 replies to opposition, and 38 ex parte filings. WT Docket No. 97-82 Agency Contact: Audrey Bashkin, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7535 Email: abashkin@fcc.gov Related RIN: Previously reported as 3060-AG88 RIN: 3060-AH57 _______________________________________________________________________ 3932. TRANSFER OF THE 3650 THROUGH 3700 MHZ BAND FROM FEDERAL GOVERNMENT USE Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 157; 47 USC 303; 47 USC 307; 47 USC 332 CFR Citation: 47 CFR 2.106; 47 CFR 25.202; 47 CFR 27.1; 47 CFR 27.4; 47 CFR 27.5; 47 CFR 27.14; 47 CFR 27.50; 47 CFR 27.53; 47 CFR 27.55; 47 CFR 27.57; 47 CFR 27.58; 47 CFR 27.61; 47 CFR 15.205; . . . Legal Deadline: None Abstract: This proceeding seeks to determine whether the 3650 to 3700 MHz band should be used for unlicensed devices or some or all of the band should be used for unlicensed options. In January 1999, the 3650-3700 MHz band (3650 MHz band) was transferred from government/non-government shared use to a mixed-use band. In October 2000, in ET Docket No. 98-237, the FCC allocated the band to fixed and mobile terrestrial services on a co-primary basis, but in order to protect grandfathered Fixed Satellite Service (FSS) earth stations and Federal Government radiolocation operations, limited the mobile allocation to base stations use only. At this same time, the FCC proposed licensing and service rules for fixed and mobile operations in the band. Subsequently, in December 2002, in ET Docket No. 02-380, the FCC sought comment, in part, on the possibility of allowing unlicensed devices to operate in the 3650 MHz band. In April 2004, in ET Docket No. 04-151, the FCC followed-up on this inquiry by releasing a Notice of Proposed Rulemaking (NPRM) seeking comment on whether the 3650 MHz band should be used for unlicensed devices or part or all of the band should be used for licensed operations. The NPRM proposes to allow unlicensed devices to operate in all, or part, of the 3650 MHz band at higher power levels than usually permitted for unlicensed services. These devices would be subject to smart (or cognitive) requirements and other safeguards designed to prevent interference to the licensed FSS earth stations now resident in the band. As with other unlicensed devices, these devices would not be permitted to cause interference to licensed services, such as the FSS earth stations, and would have to accept interference. The NPRM also seeks comment on other options for the band, including licensed use of the band by fixed and mobile services, or segmenting the 3650 MHz band to provide for a combination of unlicensed and licensed terrestrial services. The Notice seeks comment on issues related both to allocation changes necessary to set the relative priority between terrestrial and FSS licensed operations, and to licensing rule changes necessary to implement licensed terrestrial service operations. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/16/00 65 FR 14230 First R&O and Second NPRM 11/17/00 65 FR 69612 Petition for Reconsideration 03/28/01 66 FR 16940 R&O 02/27/02 67 FR 17038 MO&O and 3rd R&O 05/02/03 68 FR 38635 Notice of Inquiry 01/21/03 68 FR 2730 [[Page 65582]] NPRM 05/14/04 69 FR 26790 Final Rule 05/11/05 70 FR 24712 Final Rule 07/20/05 70 FR 41631 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal Federalism: Undetermined Additional Information: ET Docket No. 04-151; ET Docket No. 02-380; ET Docket No. 98-237 Agency Contact: Eli Johnson, Senior Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1310 Fax: 202 418-7247 Email: eli.johnson@fcc.gov RIN: 3060-AH75 _______________________________________________________________________ 3933. 2000 BIENNIAL REGULATORY REVIEW SPECTRUM AGGREGATION LIMITS FOR COMMERCIAL MOBILE RADIO SERVICES Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 161; 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 20.6; 47 CFR 22.942 Legal Deadline: None Abstract: The Commission has adopted a final rule in a proceeding reexamining the need for Commercial Mobile Radio Services spectrum aggregation limits. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/12/01 66 FR 9798 NPRM Comment Period End 05/14/01 Final Rule 01/14/02 67 FR 1626 Correction to Final Rule 01/31/02 67 FR 4675 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 01-14 Agency Contact: Michael J. Rowan, Attorney-Advisor, Federal Communications Commission, Wireless Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1883 Fax: 202 418-7447 Email: michael.rowan@fcc.gov RIN: 3060-AH81 _______________________________________________________________________ 3934. IN THE MATTER OF PROMOTING EFFICIENT USE OF SPECTRUM THROUGH ELIMINATION OF BARRIERS TO THE DEVELOPMENT OF SECONDARY MARKETS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 202; 47 USC 208; 47 USC 214; 47 USC 301; 47 USC 303; 47 USC 308; 47 USC 309; 47 USC 310 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Commission has opened a proceeding to examine actions it may take to remove unnecessary regulatory barriers to the development of more robust secondary markets in radio spectrum usage rights. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/26/00 65 FR 81475 NPRM Comment Period End 01/29/01 66 FR 8149 New NPRM Comment Period End 02/09/01 NPRM 11/25/03 68 FR 66232 Final Rule 11/25/03 68 FR 66252 NPRM Comment Period End 01/05/04 Final Rule 02/12/04 69 FR 6920 Final Rule 02/25/04 69 FR 8569 Final Rule 11/15/04 69 FR 65544 Final Rule 12/27/04 69 FR 77522 Proposed Rule 12/27/04 69 FR 77560 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket No. 00-230 Agency Contact: Paul Murray, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0688 Fax: 202 418-7447 Email: pmurray@fcc.gov RIN: 3060-AH82 _______________________________________________________________________ 3935. IN THE MATTER OF AUTOMATIC AND MANUAL ROAMING OBLIGATIONS PERTAINING TO COMMERCIAL MOBILE RADIO SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 152(n); 47 USC 154(i); 47 USC 154(j); 47 USC 201(b); 47 USC 251(a); 47 USC 253; 47 USC 303(r); 47 USC 332(c)(1)(B); 47 USC 309 CFR Citation: 47 CFR 20.12; 47 CFR 22.901 Legal Deadline: None Abstract: This rulemaking considers whether the Commission should adopt an automatic roaming rule for Commercial Mobile Radio Services and sunset the current manual roaming requirement. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/21/00 65 FR 69891 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: WT Docket No. 00-193 Agency Contact: David Hu, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7120 Fax: 202 418-1186 Email: dhu@fcc.gov RIN: 3060-AH83 [[Page 65583]] _______________________________________________________________________ 3936. AMENDMENT OF PART 90 FOR LICENSING LOW POWER OPERATIONS IN 450-470 MHZ BAND Priority: Substantive, Nonsignificant Legal Authority: 47 USC 1; 47 USC 154; 47 USC 302; 47 USC 303; 47 USC 332 CFR Citation: 47 CFR 90 Legal Deadline: None Abstract: The proposed amendments facilitate the viability of low power operations in the private land mobile radio 450-470 MHz Band. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 09/12/01 66 FR 47435 R&O 04/21/03 68 FR 19444 Final Rule 09/25/03 68 FR 55319 Final Rule 10/12/04 69 FR 60561 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: State, Local Federalism: Undetermined Additional Information: WT Docket No. 01-146 Agency Contact: Brian Marenco, Electronics Engineer, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0838 Email: brian.marenco@fcc.gov RIN: 3060-AH84 _______________________________________________________________________ 3937. REVIEW OF QUIET ZONES APPLICATION PROCEDURES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 1; 47 USC 154(i); 47 USC 161; 47 USC 303(g); 47 USC 303(r) CFR Citation: 47 CFR 1 Legal Deadline: None Abstract: Review of Quiet Zones rules for possible streamlining while ensuring adequate protection from interference. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/21/01 66 FR 65866 NPRM Comment Period End 02/06/02 R&O 04/06/04 69 FR 17946 Final Rule 09/23/04 69 FR 56956 Final Rule 12/16/04 69 FR 70378 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Additional Information: WT Docket No. 01-319 Agency Contact: Linda Chang, Attorney, Federal Communications Commission, Wireless Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1339 Email: linda.chang@fcc.gov RIN: 3060-AH88 _______________________________________________________________________ 3938. REALLOCATION AND SERVICE RULES FOR THE 698-746 MHZ SPECTRUM BAND (TELEVISION CHANNELS 52-59) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151, 152, 154(i),155(c), 157, 201, 202, 208, 214, 301, 302(g), 303, 307; 47 USC 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 535 CFR Citation: 47 CFR 2; 47 CFR 27; 47 CFR 73 Legal Deadline: None Abstract: The Commission has adopted allocation and service rules for the 48 MHz of spectrum in the 698-746 MHz band currently occupied by television channels 52-59. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/13/01 66 FR 19106 Report & Order 02/06/02 67 FR 5491 MO&O 07/09/02 67 FR 45380 Final Rule 08/28/04 69 FR 51706 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: GN Docket No. 01-74 Agency Contact: Michael J. Rowan, Attorney-Advisor, Federal Communications Commission, Wireless Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1883 Fax: 202 418-7447 Email: michael.rowan@fcc.gov RIN: 3060-AH89 _______________________________________________________________________ 3939. IMPLEMENTATION OF 911 ACT Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151, 154(i),154(j), 157, 160, 210, 202, 208, 214, 251(e), 301, 303, 308; 47 USC 309(j), 310 CFR Citation: 47 CFR 20.3; 47 CFR 20.18; 47 CFR 64.3000 to 64.3004 Legal Deadline: None Abstract: This proceeding is separate from the Commission's proceeding on Enhanced 911 Emergency Systems (E911) in that it is intended to implement provisions of the Wireless Communications and Public Safety Act of 1999 through the promotion of public safety by the deployment of a seamless, nationwide emergency communications infrastructure that includes wireless communications services. More specifically, a chief goal of the proceeding is to ensure that all emergency calls are routed to the appropriate local emergency authority to provide assistance. The E911 proceeding goes a step further and is aimed at improving the effectiveness and reliability of wireless 911 dispatchers with additional information on wireless 911 calls. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 01/25/02 67 FR 3621 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Local, State Federalism: Undetermined Agency Contact: David H. Siehl, Staff Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1310 Fax: 202 418-7247 Email: dsiehl@fcc.gov RIN: 3060-AH90 [[Page 65584]] _______________________________________________________________________ 3940. YEAR 2000 PART 22 BIENNIAL REVIEW Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: Not Yet Determined CFR Citation: None Legal Deadline: None Abstract: The year 2000 Part 22 Biennial Review Report & Order and subsequent Order on Reconsideration examined whether certain rules should be modified or eliminated as a result of technological changes or increased competition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 04/01/04 69 FR 17063 Final Rule Effective 06/01/04 Final Rule 09/15/04 69 FR 55516 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Federalism: Undetermined Agency Contact: Linda Chang, Attorney, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1339 Fax: 202 418-7447 Email: lchang@fcc.gov RIN: 3060-AI26 _______________________________________________________________________ 3941. AIR-GROUND TELECOMMUNICATIONS SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 151(i); 47 USC 161; 47 USC 303(r) CFR Citation: 47 CFR 1; 47 CFR 22; 47 CFR 90; . . . Legal Deadline: None Abstract: Re-examination of rules governing air-ground telecommunications services on commercial airplanes. Revision/ elimination of 47 CFR 22 non-cellular provisions. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/25/03 68 FR 44003 NPRM Comment Period End 10/23/03 Final Rule 04/13/05 70 FR 19293 NPRM 04/13/05 70 FR 19377 Final Rule Correction 04/27/05 70 FR 21663 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Local, State Federalism: Undetermined Additional Information: WT Docket Nos. 03-103, 05-42 Agency Contact: Richard Arsenault, Chief Counsel, Mobility Div., WTB, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0920 Email: richard.arsenault@fcc.gov RIN: 3060-AI27 _______________________________________________________________________ 3942. BIENNIAL REGULATORY REVIEW--AMENDMENT OF PARTS 1, 22, 24, 27, AND 90 TO STREAMLINE AND HARMONIZE VARIOUS RULES AFFECTING WIRELESS RADIO SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 161; 47 USC 303(r) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking proposes to streamline and harmonize wireless radio service rules. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 02/23/04 69 FR 8132 NPRM Comment Period End 05/24/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Lloyd William Coward, Deputy Chief, Mobility Div., Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1895 Fax: 202 418-7447 Email: lloyd.coward@fcc.gov RIN: 3060-AI30 _______________________________________________________________________ 3943. FACILITATING THE PROVISION OF SPECTRUM--BASED SERVICES TO RURAL AREAS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking will facilitate the provision of spectrum- based services to rural areas. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/12/03 68 FR 64050 NPRM Comment Period End 01/26/04 NPRM 12/15/04 69 FR 75174 Final Rule 12/15/04 69 FR 75144 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Organizations Government Levels Affected: None Federalism: Undetermined Additional Information: WT Docket 02-381 Agency Contact: Nicole Michelle McGinnis, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0317 Fax: 202 418-7447 Email: nicole.mcginnis@fcc.gov RIN: 3060-AI31 _______________________________________________________________________ 3944. EXTENDING WIRELESS TELECOMMUNICATIONS SERVICES TO TRIBAL LANDS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 303(r); 47 USC 309(j); . . . CFR Citation: 47 CFR 1.2110 Legal Deadline: None Abstract: This action amends rules to encourage carriers to provide telecommunications services to tribal lands. [[Page 65585]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 05/02/03 68 FR 23417 Final Rule Effective 07/01/03 Final Rule 10/18/04 69 FR 61317 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Tribal Federalism: Undetermined Additional Information: WT Docket No. 99-266 Agency Contact: Michael Connelly, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0132 Email: michael.connelly@fcc.gov RIN: 3060-AI32 _______________________________________________________________________ 3945. AMENDMENT OF COMMISSION RULES CONCERNING AIRPORT TERMINAL USE FREQUENCIES 450-470 MHZ BAND OF THE PRIVATE LAND MOBILE RADIO SERVICES, WT 02-318 Priority: Other Significant Legal Authority: 47 USC 154(i); 47 USC 303(g); 47 USC 303(r); 47 USC 332(c)(7) CFR Citation: 47 CFR 90.35 Legal Deadline: None Abstract: The Commission seeks comment on revisions to the use of Airport Terminal Use (ATU) frequencies in the 45-470 Private Land Mobile Radio Industrial Business Pool. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/21/02 67 FR 70196 NPRM Comment Period End 01/06/03 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: John Evanoff, Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0848 Email: john.evanoff@fcc.gov RIN: 3060-AI33 _______________________________________________________________________ 3946. IMPROVING PUBLIC SAFETY COMMUNICATIONS IN THE 800 MHZ BAND INDUSTRIAL/LAND TRANSPORTATION AND BUSINESS CHANNELS. Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154(i); 47 USC 303(f); 47 USC 303(r); 47 USC 332 CFR Citation: 47 CFR 90 Legal Deadline: None Abstract: The Commission seeks to improve public safety communications in the 800 MHz band and consolidate the 800 MHz Industrial/Land Transportation and Business Pool channels. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/05/02 67 FR 16351 Final Rule 08/19/02 67 FR 53754 Proposed Rule 02/10/03 68 FR 6687 Final Rule 11/22/04 69 FR 67823 Final Rule 11/22/04 69 FR 67853 Final Rule 02/08/05 70 FR 6750 Final Rule 02/08/05 70 FR 6761 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Local, State, Tribal Federalism: Undetermined Additional Information: WT 02-55 Agency Contact: Michael Wilhelm, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0870 Email: michael.wilhelm@fcc.gov RIN: 3060-AI34 _______________________________________________________________________ 3947. REVIEW OF PART 87 OF THE COMMISSION'S RULES CONCERNING AVIATION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 154; 47 USC 303; 47 USC 307(e) CFR Citation: 47 CFR 87.27 Legal Deadline: None Abstract: This proceeding is intended to streamline, consolidate and revise our part 87 rules governing the Aviation Radio Service. The rule changes are designed to ensure these rules reflect current technological advances. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/16/01 66 FR 64785 R&O and FNPRM 10/16/03 FNPRM 04/12/04 69 FR 19140 R&O 06/14/04 69 FR 32577 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: WT-01-289 Agency Contact: Jeff Tobias, Attorney Advisor, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0680 Email: jeff.tobias@fcc.gov RIN: 3060-AI35 _______________________________________________________________________ 3948. DIGITAL BROADCAST CONTENT PROTECTION (MB DOCKET NO. 02-230) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 303; 47 USC 403; 47 USC 601 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking examines the use of a content protection mechanism for digital broadcast television. The Report and Order adopted an anti-piracy mechanism known as the ``broadcast flag.'' Products capable of receiving DTV over-the-air signals must comply with the broadcast flag requirements by July 1, 2005. The Further Notice of Proposed Rulemaking seeks comment on the process for approving digital recording and output content protection technologies. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/20/02 67 FR 53903 [[Page 65586]] R&O 12/03/03 68 FR 67599 FNPRM 12/03/03 68 FR 67624 Final Rule 01/20/04 69 FR 2688 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Susan Mort, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1043 Fax: 202 418-1069 Email: susan.mort@fcc.gov RIN: 3060-AI37 _______________________________________________________________________ 3949. IN THE MATTER OF SECTION 68.4(A) OF THE COMMISSION'S RULES GOVERNING HEARING AID-COMPATIBLE TELEPHONES Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154; 47 USC 160; 47 USC 251-254; 47 USC 303; 47 USC 332 CFR Citation: 47 CFR 20.19 Legal Deadline: None Abstract: This item modifies exemptions for wireless phones under the Hearing Aid Compatibility Act of 1988 (AC Act) to require that digital wireless phones be capable of being effectively used with hearing aids. It finds that modifying the exemption will extend the benefits of wireless telecommunications to individuals with hearing disabilities-- including emergency, business, and social communications--thereby increasing the value of the wireless network for all Americans. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/23/01 66 FR 58703 R&O 09/16/03 68 FR 54173 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State Federalism: Undetermined Agency Contact: Andra Cunningham, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1630 Fax: 202 428-2227 Email: andra.cunningham@fcc.gov RIN: 3060-AI57 _______________________________________________________________________ 3950. ADMINISTRATION OF THE NORTH AMERICAN NUMBERING PLAN Priority: Substantive, Nonsignificant Legal Authority: 47 USC 3 to 4; 47 USC 151; 47 USC 152 to 155; 47 USC 154(i); 47 USC 201 to 205; 47 USC 207 to 209; 47 USC 218; 47 USC 225 to 227; 47 USC 251 to 252; 47 USC 271; 47 USC 332; 47 USC 403 CFR Citation: 47 CFR 52.1 to 52.99; 47 CFR 151; 47 CFR 154; 47 CFR 201 to 205; 47 CFR 403 Legal Deadline: None Abstract: The Report and Order lays the foundation for the fair and effective administration of numbering in the United States. The Report and Order establishes a model for administration of numbering resources in a competitive environment. In this model, the FCC will set broad policy objectives, be the final arbiter of domestic numbering disputes and work closely with other member countries of the North American Numbering Plan (NANP), the States, industry and consumers to ensure fair and effective number administration. The Report and Order creates the North American Number Council (NANC) under the Federal Advisory Committee Act. In the Third Report and Order, released on October 9, 1997, the Commission affirmed the NANC's selection of Lockheed Martin IMS as the new NANP administrator. The NANP administrator is a nongovernmental entity that is not aligned with any particular telecommunications industry segment, and upon selection and following a transition period, assumed Bellcore's current NANP administrator functions and the central office code administration functions currently handled by the dominant local exchange carrier in each area code. The rules were expanded to accommodate the requirements of the Telecommunications Act of 1996. See FCC 96-337, released August 8, 1996. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NOI 11/10/92 57 FR 53462 NPRM 05/10/94 59 FR 24103 R&O 07/28/95 60 FR 58737 Second R&O 09/06/96 61 FR 47284 Third R&O 10/23/97 62 FR 55179 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Agency Contact: Deborah Blue, Program Analyst, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1466 Fax: 202 418-2345 Email: deborah.blue@fcc.gov RIN: 3060-AF50 _______________________________________________________________________ 3951. USE OF N11 CODES AND OTHER ABBREVIATED DIALING ARRANGEMENTS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 201 to 205; 47 USC 251(e) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In 1992, the FCC released a Notice of Proposed Rulemaking in CC Docket 92-105 proposing that local exchange carriers (LECs) be required to make N11 codes available for access to information service providers. In this proposal, LECs could establish any reasonable assignment criteria for such allocation, including ``first come, first served.'' The FCC's General Counsel released a letter indicating it found no regulatory or legal obstacles to assignment of N11 codes for information services. On February 19, 1997, the FCC released a First Report and Order and Further Notice of Proposed Rulemaking in that Docket (FCC 97-51), which allows incumbent LECs, in addition to the States and Bell Communications Research (Bellcore), to continue to perform the N11 code administration functions that they performed at the time of enactment of the 1996 Act amendments to the 1934 Act, until further FCC action. The FCC concluded that: (1) 311 should be assigned as a national number for access to non-emergency police calls; [[Page 65587]] (2) 711 should be assigned as a national number for access to telecommunications relay services (TRS); (3) all providers of telephone exchange service must be able to have their customers call 611 and 811 to reach their repair and business service offices; and (4) a LEC may not itself offer enhanced services using a 411 code or any other N11 code, unless that LEC offers access to the code on a reasonable nondiscriminatory basis to competing enhanced service providers in the local service area for which it is using the code to facilitate distribution of their enhanced services. In the FNPRM, the FCC asked for comment on: (1) the technical feasibility of implementing 711 for TRS access; (2) the possibility of developing an N11 gateway offering access to multiple TRS providers; (3) whether with such access, TRS calls would still be answered within mandatory minimum answer times; (4) whether such a gateway would be consistent with section 255; (5) whether other important disability services could be accessed thereby; (6) the possibility of providing both voice and text TRS services through the same abbreviated TRS code; (7) the proprietary nature of N11 codes; and (8) an FCC proposal to transfer administration of N11 codes at the local level from incumbent LECs to the North American Numbering Plan (NANP) administrator. Petitions for reconsideration or clarification on the order have been filed. Comments and replies were filed on March 31 and April 30, 1997, respectively. On June 16, 1999, the Commission released a Public Notice announcing that it would hold a public forum on September 8, 1999, on 711 access to TRS. The goal of the forum was to identify steps that must be taken to implement 711 access to TRS as well as obstacles to implementation and how those obstacles could be resolved. On August 9, 2000, the Commission released a Second Report and Order (FCC 00-257) that addresses issues related to the deployment of 711 for access to TRS. The Commission required a nationwide rollout of 711 access to TRS and established an implementation framework. On July 31, 2000, the Commission released a Third Report and Order (FCC 00-256) that granted the petition of the United Way of America, and others, for nationwide assignment of the 211 abbreviated dialing code for access to community information and referral services. The Commission also granted the petition of the U.S. Department of Transportation for nationwide assignment of the 511 abbreviated dialing code for access to travel and traffic information. The Commission further addressed issues raised in petitions for reconsideration of the N11 First Report and Order and resolved outstanding issues from the N11 Further Notice of Proposed Rulemaking. On August 29, 2000, the Commission released a Fourth Report and Order and Third Notice of Proposed Rulemaking in CC Docket 92-105 and a Notice of Proposed Rulemaking in WT Docket 00-110 (FCC 00-327) to implement the Wireless Communications and Public Safety Act of 1999. The Commission designated 911 as the universal emergency number and sought comment on appropriate transition periods and how the Commission should facilitate States' efforts to deploy comprehensive emergency communications systems. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/29/92 57 FR 22681 First R&O 02/26/97 62 FR 8633 FNPRM 02/26/97 62 FR 8671 Second R&O 09/11/00 65 FR 54799 Fourth R&O and Third NPRM 09/19/00 65 FR 56751 Third R&O 02/09/01 66 FR 9674 Second NPRM 04/05/01 66 FR 18059 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Additional Information: Additional Bureau: Consumer Information Agency Contact: Marilyn Jones, Attorney, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2357 Fax: 202 418-2345 RIN: 3060-AF51 _______________________________________________________________________ 3952. IMPLEMENTATION OF THE UNIVERSAL SERVICE PORTIONS OF THE 1996 TELECOMMUNICATIONS ACT Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151 et seq CFR Citation: 47 CFR 54 Legal Deadline: NPRM, Statutory, March 8, 1996. Other, Statutory, November 8, 1996, Recommended decision. Final, Statutory, May 8, 1997, Federal-State Joint Board R&O released May 8, 1997. Abstract: As required by the Telecommunications Act of 1996, the Commission sought comment on proposals for reforming universal service. On November 8, 1996, the Federal-State Joint Board on Universal Service issued a recommended decision on changes to the universal service support mechanisms. In addition, on January 10, 1997, the Commission issued an NPRM and NOI on changes to the Board of Directors of the National Exchange Carrier Association (NECA), regarding the administration of universal service. On May 8, 1997, the Commission, at the direction of Congress, released its order implementing the universal service portions of the 1996 Act. On December 30, 1997, the Commission issued the 4th Order on Reconsideration which made changes and clarifications to the May 8 Order. On June 22, 1998, the Commission issued the 5th Order on Reconsideration which revised the collection levels for the schools and libraries support mechanism through June 30, 1999, and revised the collection levels for the rural health care support mechanism through December 31, 1998. The 5th Order on Reconsideration also revised the priority with which schools and libraries and rural health care providers will receive support. On October 28, 1998, the Commission issued the 5th Report and Order, in which it adopted the model platform for its forward-looking economic cost methodology, which will be used to determine support for non-rural carriers beginning July 1, 1999. On November 21, 1998, the Commission issued the 8th Order on Reconsideration in which it consolidated the administration of universal service into a single entity known as the Universal Service Administrative Company or USAC. On November 25, 1998, the Federal-State Joint Board on Universal Service issued its Second Recommended Decision in which the Joint Board made certain recommendations to the Commission regarding the high-cost support mechanism. [[Page 65588]] On May 28, 1999, the Commission issued the 13th Order on Reconsideration in which it adopted the principles of a Federal high- cost support mechanism that conformed to the Second Recommended Decision and in which it sought further comment on specific elements of the support methodology. In the 13th Order on Reconsideration, the Commission also decided to implement the new high-cost support mechanism on January 1, 2000, instead of July 1, 1999, as previously planned. On May 28, 1999, the Commission also issued a Further Notice of Proposed Rulemaking in which it sought comment on proposed input values to be used in the forward-looking model to determine non-rural LECs' cost of providing supported services in high cost areas. On August 5, 1999, the Commission adopted a Further Notice of Proposed Rulemaking in which it sought comment to ascertain the availability of, and to understand the possible impediments to, deployment and subscribership in unserved and underserved areas of the Nation, including tribal lands and other insular areas. On November 1, 1999, the Commission issued the Fourteenth Order on Reconsideration, in which it eliminated the requirement that only carriers that have been certified as eligible telecommunications carriers may receive credit against their universal service contributions for providing telecommunications services to rural health care providers at the lower urban rates. On November 1, 1999, the Commission also issued the Fifteenth Order on Reconsideration, in which it authorized support for any commercially available telecommunications service regardless of the bandwidth, and simplified the method for determining how much support a rural health care provider can receive. On November 2, 1999, the Commission issued the Ninth Report and Order and Eighteenth Order on Reconsideration in which it adopted a new forward-looking high-cost support mechanism that will enable States to ensure the reasonable comparability of non-rural carriers' intrastate rates. On November 2, 1999, the Commission also issued the Tenth Report andOrder in which it completed the selection of a cost model to estimate forward-looking cost by adopting input values for the previously adopted cost model. On June 30, 2000, the Commission issued the Twelfth Report and Order, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking, in response to the Further Notice of Proposed Rulemaking it adopted on August 5, 1999. In the Twelfth Report and Order, the Commission adopted measures to promote telecommunications subscribership and infrastructure deployment within American Indian and Alaska Native tribal communities. On October 12, 2000, the Commission released a Further Notice of Proposed Rulemaking and Order to seek comment on proposals to modify the Commission's rules relating to contributions to the Federal universal service support mechanisms. On January 12, 2001, the Commission released a Further Notice of Proposed Rulemaking seeking comment on the Recommended Decision of the Federal-State Joint Board on Universal Service (Joint Board) regarding a plan for reforming the universal service support mechanism for rural carriers. The Joint Board sent to the Commission the Rural Task Force Recommendation as a good foundation for implementing rural high-cost reform. The Rural Task Force recommends the use of a modified version of the current high-cost loop support mechanism based on carriers' embedded costs. On May 23, 2001, the Commission released the Fourteenth Report and Order, Twenty-Second Order on Reconsideration and Further Notice of Proposed Rulemaking. In the Fourteenth Report and Order, the Commission adopted a five-year plan that makes modifications to the high-cost loop support mechanism for rural carriers. These modifications were based on the recommendation of the Joint Board and will provide predictable levels of support so that rural carriers can continue to provide affordable service in rural America, while ensuring that consumers in all areas of the nation, including rural areas, have access to affordable and quality telecommunications services. On March 14, 2001, the Commission issued an order modifying the methodology used to assess contributions to universal service. The methodology was modified to reduce the interval between the accrual of revenues and the assessment of contributions based on those revenues. The order reduced the interval from an average of one year to an average of six months. On May 8, 2001, the Commission issued a Notice of Proposed Rulemaking which sought comment on how to streamline and reform both the manner in which the Commission assesses carrier contributions to the universal service fund and the manner in which carriers may recover those costs from their customers. On May 22, 2001, the Commission adopted a five-year interim freeze of the part 36 jurisdictional separations rules, pending comprehensive reform of the separations process. The five-year interim freeze was based upon the July 21, 2000, Recommended Decision of the Federal-State Joint Board on Separations. Under the interim freeze, the Part 36 categories and jurisdictional allocation factors of price cap incumbent LECs are frozen, while rate-of-return carriers had the option to freeze only their jurisdictional allocation factors. The interim freeze is in effect from July 1, 2001, to June 30, 2006, or until comprehensive reform is completed, whichever comes first. On November 8, 2001, the Commission released the Fifteenth Report and Order and urther Notice of Proposed Rulemaking (Further Notice) reforming the interstate access charge and universal service support system for rate-of-return incumbent carriers. The Order established a new interstate support mechanism to replace implicit support in the interstate access rate structure of rate-of-return carriers with explicit, portable support. Among other things, the Further Notice sought comment on consolidating the existing Long Term Support mechanism with the new support mechanism created in the Order. On January 25, 2002, the Commission released a Further Notice of Proposed Rulemaking and Order (Further Notice), in which it sought comment on modifications to the rules governing the schools and libraries support mechanism. The modifications address changes that would make the program more efficient, ensure that the benefits of the program are distributed in an equitable manner, and prevent waste, fraud, and abuse. In addition, the order denied certain petitions for reconsideration relating to unused funds. [[Page 65589]] On February 15, 2002, the Commission released a Notice of Proposed Rulemaking and Order, in which it sought comment on the issues from the Ninth Report and Order remanded by the United States Court of Appeals for the Tenth Circuit. The Ninth Report and Order established a Federal high-cost universal service support mechanism for non-rural carriers based on forward-looking economic costs. In addition, the order referred these issues to the Federal-State Joint Board on Universal Service for a recommended decision. On February 15, 2002, the Commission issued a Notice of Proposed Rulemaking examining the appropriate legal and policy framework under the Communications Act of 1934, as amended, for broadband access to the Internet provided over domestic wireline facilities. On February 26, 2002, the Commission issued a Further Notice of Proposed Rulemaking and Report and Order, in which it sought comment on specific proposals to change the manner in which universal service contributions are assessed and recovered, including one proposal to assess contributions based on the number and capacity of connections provided to a public network. This proceeding also made certain modifications to the existing contribution system. On April 19, 2002, the Commission issued a Notice of Proposed Rulemaking in which it sought comment on specific proposals to: clarify how it should treat eligible entities that also perform functions that are outside the statutory definition of ``health care provider;'' provide support for Internet access; and change the calculation of discounted services, including the calculation of urban and rural rates. On December 13, 2002, the Commission issued an Order and Second FNPRM in which it sought further comment on three specific connection-based universal service contribution methodologies. This Order also made interim changes to the contribution methodology to ensure the viability of the fund in the near term. On February 25, 2003, the Commission issued an NPRM in which it sought comment on the Recommended Decision issued by the Federal-State Joint Board on Universal Service regarding the definition of services supported by universal service. On February 26, 2003, the Commission issued a Public Notice in which it sought comment on a staff study of several alternative universal service contribution methodologies. On April 30, 2003, the Commission issued a Second Report & Order and Further Notice of Proposed Rulemaking, in which it simplified and streamlined the operation of the schools and libraries support mechanism. In addition, it sought comment on further proposals to refine the support mechanism, including the carry-forward of unused funds. On May 21, 2003, the Commission issued a Twenty-fifth Order on Reconsideration, Report and Order, and Further Notice of Proposed Rulemaking, in which it resolved several petitions for reconsideration of the Twelfth Report and Order. In addition, it sought further comment on ways to provide enhanced Lifeline support to near reservation areas. On June 9, 2003, the Commission released a Notice of Proposed Rulemaking, in which it sought comment on changes to the low-income support mechanisms recommended by the Joint Board. On July 3, 2003, the Commission released an Order eliminating the requirement that the National Exchange Carrier Association hold annual elections for its board of directors and that its directors serve one- year terms. On July 14, 2003, the Commission released an Order and Order on Reconsideration adopting the Joint Board's recommendations regarding the services supported by universal service. On July 24, 2003, the Commission released an Order adopting measures to ensure that implementation of the Children's Internet Protection Act complies with a US Supreme Court decision. 68 FR 47453. On October 27, 2003, the Commission released an Order on Remand, Memorandum Opinion and Order, and Further Notice of Proposed Rulemaking modifying the High-Cost mechanism for non-rural carriers and seeking comment on certain issues relating to rate review and an expanded certification process. Order: 68 FR 69622. FNPRM: 68 FR 69641. On November 17, 2003, the Commission released an Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking improving the Rural Healthcare Support mechanism and seeking comment on modifications to the definition of ``rural area`` for the Rural Healthcare Support mechanism. 68 FR 74492. On December 23, 2003, the Commission released the 3rd Report and Order and 2nd Further Notice of Proposed Rulemaking adopting rules to limit waste, fraud and abuse in the Schools and Libraries mechanism and seeking comment on additional measures to limit waste, fraud, and abuse. Order: 69 FR 6181. FNPRM: 69 FR 6229. On February 26, 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking modifying regulation of rate-of- return carriers and seeking comment on further changes to regulation of rate-of-return carriers. 69 FR 13794. On April 29, 2004, the Commission released a Report and Order and Further Notice of Proposed Rulemaking improving the effectiveness of the Low-Income mechanism and seeking comment on whether the Commission should add an income-based criterion of 150 percent of the Federal Poverty Guidelines. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Recommended Decision Federal- State Joint Board, Universal Service 11/08/96 61 FR 63778 1st R&O 05/08/97 62 FR 32862 2nd R&O 05/08/97 62 FR 32862 Order on Recon 07/10/97 62 FR 40742 R&O and 2nd Order on Recon 07/18/97 62 FR 41294 2nd R&O, and FNPRM 08/15/97 62 FR 47404 3rd R&O 10/14/97 62 FR 56118 2nd Order on Recon 11/26/97 62 FR 65036 4th Order on Recon 12/30/97 62 FR 2093 5th Order on Recon 06/22/98 63 FR 43088 5th R&O 10/28/98 63 FR 63993 8th Order on Recon 11/21/98 2nd Recommended Decision 11/25/98 63 FR 67837 13th Order on Recon 06/09/99 64 FR 30917 FNPRM 06/14/99 64 FR 31780 FNPRM 09/30/99 64 FR 52738 14th Order on Recon 11/16/99 64 FR 62120 15th Order on Recon 11/30/99 64 FR 66778 10th R&O 12/01/99 64 FR 67372 [[Page 65590]] 9th R&O and 18th Order on Recon 12/01/99 64 FR 67416 19th Order on Recon 12/30/99 64 FR 73427 20th Order on Recon 05/08/00 65 FR 26513 Public Notice 07/18/00 65 FR 44507 12th R&O, MO&O and FNPRM 08/04/00 65 FR 47883 FNPRM and Order 11/09/00 65 FR 67322 FNPRM 01/26/01 66 FR 7867 R&O and Order on Recon 03/14/01 66 FR 16144 NPRM 05/08/01 66 FR 28718 Order 05/22/01 66 FR 35107 14th R&O and FNPRM 05/23/01 66 FR 30080 FNPRM and Order 01/25/02 67 FR 7327 NPRM 02/15/02 67 FR 9232 NPRM and Order 02/15/02 67 FR 10846 FNPRM and R&O 02/26/02 67 FR 11254 NPRM 04/19/02 67 FR 34653 Order and 2nd FNPRM 12/13/02 67 FR 79543 NPRM 02/25/03 68 FR 12020 Public Notice 02/26/03 68 FR 10724 2nd R&O and FNPRM 06/20/03 68 FR 36961 25th Order on Recon, R&O, Order, and FNPRM 07/16/03 68 FR 41996 NPRM 07/17/03 68 FR 42333 Order 07/24/03 68 FR 47453 Order 08/06/03 68 FR 46500 Order and Order on Recon 08/19/03 68 FR 49707 Order on Remand, MO&O, FNPRM 10/27/03 68 FR 69641 R&O, Order on Recon, FNPRM 11/17/03 68 FR 74492 R&O, FNPRM 02/26/04 69 FR 13794 R&O, FNPRM 04/29/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Sheryl Todd, Attorney, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7400 Email: stodd@fcc.gov RIN: 3060-AF85 _______________________________________________________________________ 3953. TOLL-FREE SERVICE ACCESS CODES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 201 et seq; 47 USC 251(e) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This proceeding assures that toll-free numbers are allocated on an efficient, fair, and orderly basis. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/05/95 60 FR 57157 Second R&O 04/25/97 62 FR 20126 Third R&O 10/09/97 62 FR 55179 Fourth R&O and MO&O 03/30/98 63 FR 16440 Fifth R&O 07/05/00 65 FR 53189 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Regina Brown, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0792 Email: regina.brown@fcc.gov RIN: 3060-AG11 _______________________________________________________________________ 3954. TELECOMMUNICATIONS CARRIERS' USE OF CUSTOMER PROPRIETARY NETWORK INFORMATION AND OTHER CUSTOMER INFORMATION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 222; 47 USC 272; 47 USC 303(r) CFR Citation: 47 CFR 64.2001; 47 CFR 64.2003; 47 CFR 64.2005; 47 CFR 64.2007; 47 CFR 64.2009 Legal Deadline: None Abstract: The Commission adopted rules implementing the new statutory framework governing carrier use and disclosure of customer proprietary network information (CPNI) created by section 222 of the Communications Act of 1934, as amended. CPNI includes, among other things, to whom, where, and when a customer places a call, as well as the types of service offerings to which the customer subscribes and the extent to which the service is used. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 05/28/96 61 FR 26483 Public Notice 02/25/97 62 FR 8414 Second R&O and FNPRM 04/24/98 63 FR 20364 Order on Reconsideration 10/01/99 64 FR 53242 Final Rule, Announcement of Effective Date 01/26/01 66 FR 7865 Clarification Order & Second NPRM 09/07/01 66 FR 50140 3rd R&O and 3rd FNPRM 09/20/02 67 FR 59205 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: William Dever, Deputy Division Chief, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1580 Fax: 202 418-1413 Email: william.dever@fcc.gov RIN: 3060-AG43 _______________________________________________________________________ 3955. ACCESS CHARGE REFORM Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 201 to 205; 47 USC 403; 47 USC 553 CFR Citation: 47 CFR 61.41 to 61.49; 47 CFR 69 Legal Deadline: None Abstract: On December 24, 1996, the Commission initiated a rulemaking to revise its access charge rules to make them compatible with a competitive market envisioned by the Telecommunications Act of 1996. On May 7, 1997, in the Access Charge Reform Order, the Commission adopted revised access charge rate structure rules and adjusted the price cap productivity factor. The Commission also adopted a market-based approach to reducing overall access charge levels and moving such levels toward forward-looking economic costs. On July 10, 1997, on its own motion, and on October 9, 1997, in response to reconsideration petitions, the Commission revised or clarified certain parts of the rules adopted in the May [[Page 65591]] 1997 Access Charge Reform Order. Reconsideration petitions filed in response to the Access Charge Reform Order, if not yet addressed, will be addressed in future reconsideration orders. On November 26, 1997, in the General Support Facilities Order, the Commission adopted rules requiring price cap carriers to adjust the allocation of General Support Facilities costs and to reduce their price cap indices to ensure that regulated access rates do not recover those costs which are related to nonregulated services. Reconsideration petitions filed in response to the November 1997 General Support Facilities Order were withdrawn and the reconsideration proceeding was terminated effective September 9, 2004. On May 27, 1999, the Commission initiated a further rulemaking, seeking comment on how to adjust interstate access charges in conjunction with the removal from access charges of implicit universal service support for non-rural local exchange carriers. On August 5, 1999, the Commission adopted rules implementing the market- based approach to access charge reform, pursuant to which incumbent price cap local exchange carriers receive progressively greater pricing flexibility as competition develops. The Commission also initiated a Further Notice of Proposed Rulemaking, seeking comment on additional pricing flexibility, proposed changes to the rate structure for local switching and tandem-switched transport, and the need to constrain access charges imposed by competitive local exchange carriers. On April 26, 2001, the Commission adopted rules governing competitive local exchange carrier (LEC) access charges in the CLEC Access Charge Order. Specifically, the Commission limited to a declining benchmark the amounts that competitive LECs may tariff for interstate access services, restricted the interstate access rates of competitive LECs entering new markets to the rates of the competing incumbent LEC, and established a rural exemption permitting qualifying carriers to charge rates above the benchmark for their interstate access services. On May 31, 2000, in the CALLS Order, the Commission adopted an industry proposal (the CALLS Proposal) establishing a 5-year plan for price cap local exchange carriers and resolving many outstanding issues concerning interstate access charges and interstate universal service. On April 27, 2001, the Commission revised its tariff rules to establish benchmark access rates for competitive local exchange carriers, whereby access rates at or below the benchmark will be presumed just and reasonable and may be imposed by tariff, and access rates above the benchmark will be mandatorily detariffed. The Commission adopted a rural exemption to this benchmark scheme, recognizing that a higher level of access charges is justified for certain carriers serving rural areas. On May 21, 2001, the Commission determined that price cap local exchange carriers should not be permitted to assess prescribed interexchange carrier charges on special access lines. On June 4, 2002, the Commission concluded a cost review proceeding in which it determined that price cap carriers' forward-looking costs justified scheduled increases to the subscriber line charge cap. On June 24, 2003, in response to a petition for reconsideration, the Commission adopted a rule exempting payphone lines from the presubscribed interexchange carrier charge (PICC). On July 10, 2003, in response to a remand by the U.S. Court of Appeals for the Fifth Circuit, the Commission released an order reaffirming two aspects of the CALLS Order: the sizing of the interstate access universal service support mechanism at $650 million, and the adoption of a 6.5 percent X- factor. On May 18, 2004, the Commission released an order that denied seven petitions for reconsideration of the CLEC Access Charge Order, clarified application of the CLEC access charge rules in several respects, and allowed originating 8YY traffic to be governed by the same declining benchmark as other competitive LEC interstate access traffic. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/31/97 62 FR 4670 FNPRM 06/06/97 62 FR 31040 R&O 06/11/97 62 FR 31868 Second Report & Order 06/11/97 62 FR 31939 Order on Reconsideration 07/29/97 62 FR 40460 Second Order on Reconsideration 10/29/97 62 FR 56121 Third Report & Order 12/15/97 62 FR 65619 Public Notice 10/09/98 63 FR 54430 Third Order on Reconsideration 10/15/98 63 FR 55334 Fourth Report & Order and FNPRM 06/09/99 64 FR 30949 Fifth Report & Order and FNPRM 09/22/99 64 FR 51258 NPRM 10/04/99 64 FR 53648 Sixth Report & Order 06/21/00 65 FR 38684 Public Notice 06/26/00 65 FR 39335 Seventh Report & Order and FNPRM05/21/01 66 FR 27892 Order 07/20/01 66 FR 37943 Order 06/25/02 67 FR 42735 Order on Recon 07/22/03 68 FR 43327 Order on Remand 08/20/03 68 FR 50077 8th R&O, 5th Order on Recon 06/24/04 69 FR 35258 Public Notice 08/10/04 69 FR 48492 Public Notice 09/28/04 69 FR 57914 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Jennifer McKee, Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1590 Fax: 202 418-1567 RIN: 3060-AG49 _______________________________________________________________________ 3956. IMPLEMENTATION OF THE LOCAL COMPETITION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996 Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151 to 155; 47 USC 157; 47 USC 201 to 205; 47 USC 207 to 209; 47 USC 218 CFR Citation: 47 CFR 51; 47 CFR 52 Legal Deadline: Final, Statutory, August 8, 1996. Abstract: On August 8, 1996, the Commission adopted the Local Competition Second Report and Order (FCC 96-333), implementing the dialing parity, nondiscriminatory access, network disclosure, and numbering administration provisions of the Telecommunications Act of 1996. On July 19, 1999, the Commission released the First Order on Reconsideration (FCC 99-170), denying the petition for reconsideration of the Local Competition Second Report and Order filed by Beehive Telephone Company, Inc., which related to numbering admininstration. [[Page 65592]] On September 9, 1999, the Commission released the Second Order on Reconsideration (FCC 99-227), resolving petitions for reconsideration of rules adopted in the Local Competition Second Report and Order to implement the requirement of 47 U.S.C. section 251(b)(3) that LECs provide non-discriminatory access to directory assistance, directory listing and operator services. At the same time, the Commission released a Notice of Proposed Rulemaking (NPRM) (also FCC 99-227) seeking comment on issues related to developments in, and the convergence of, directory publishing and directory assistance. On October 21, 1999, the Commission released the Third Order on Reconsideration (FCC 99-243), resolving the remaining petitions for reconsideration regarding numbering administration under 47 U.S.C. section 251(e)(1). On January 9, 2002, the Commission released an Order on Reconsideration dismissing petitions for reconsideration or clarification of the Local Competition Second Report and Order regarding dialing parity under 47 U.S.C. section 251(b)(3) and network disclosure under 47 U.S.C. section 251(c)(5). On January 23, 2001, the Commission released a First Report and Order (FCC 01-27) resolving issues raised in the September 9, 1999 NPRM and concluding, among other things, that competing directory assistance (DA) providers that are certified as competitive local exchange carriers (competitive LECs), are agents of competitive LECs, or that offer call completion services are entitled to nondiscriminatory access to LEC local DA databases. On January 9, 2002, the Commission released the Directory Assistance NPRM (FCC 01-384), in which the Commission solicited comment on whether there is sufficient competition in the retail DA market, and if not, what if any action the Commission should take to promote such competition. The Commission sought specific comment on whether alternative dialing methods would promote competition. Proposed methods include: (1) Presubscription to 411; (2) utilizing national 555 numbers; (3) utilizing carrier access codes (1010 numbers); and (4) utilizing 411XX numbers. The Commission also sought comment on whether the 411 dialing code should be eliminated. This proceeding is pending before the Commission. On May 3, 2005, the Commission released an Order on Reconsideration (FCC 05-93) resolving petitions for reconsideration of the Second Order on Reconsideration and the First Report and Order. The Commission clarified its rules regarding the use of DA data obtained pursuant to section 251(b)(3) of the Act, and denied BellSouth and SBC's joint petition for reconsideration which sought authority to place contractual restrictions on competing DA providers' use of DA information. The Commission reaffirmed that LECs are required to provide nondiscriminatory access to their entire local DA database including local DA data acquired from third parties. The Commission also accepted Qwest's request to withdraw its petition for reconsideration of the First Report and Order, and resolved SBC's petition for reconsideration of the Second Order on Reconsideration. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 04/25/96 61 FR 18311 NPRM Comment Period End 06/03/96 Order 09/06/96 61 FR 47284 NPRM 09/27/99 64 FR 51949 Second Order on Recon 09/27/99 64 FR 51910 Third Order on Recon 11/18/99 64 FR 62983 First Report & Order 02/21/01 66 FR 10965 NPRM 02/14/02 67 FR 6902 Order on Recon 08/17/05 70 FR 48290 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, State Federalism: Undetermined Agency Contact: William Dever, Deputy Division Chief, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1580 Fax: 202 418-1413 Email: william.dever@fcc.gov RIN: 3060-AG50 _______________________________________________________________________ 3957. ENHANCED 911 SERVICES FOR WIRELINE Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 201; 47 USC 222; 47 USC 251 CFR Citation: 47 CFR 64.706; 47 CFR 64.708; 47 CFR 68.2; 47 CFR 68.3; 47 CFR 68.3(a); 47 CFR 68.228; 47 CFR 68.308; 47 CFR 68.310 Legal Deadline: None Abstract: The rules generally will assist State governments in drafting legislation that will ensure that multi-line telephone systems are compatible with the enhanced 911 network. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/11/94 59 FR 54878 FNPRM 01/23/03 68 FR 3214 2nd FNPRM 02/11/04 69 FR 6595 R&O 02/11/04 69 FR 6578 Public Notice 01/13/05 70 FR 2405 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: State, Local, Tribal, Federal Federalism: Undetermined Agency Contact: Cathy Zima, Acting Deputy Division Chief, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7380 Fax: 202 418-6768 Email: cathy.zima@fcc.gov RIN: 3060-AG60 _______________________________________________________________________ 3958. COMPUTER III FURTHER REMAND PROCEEDINGS: BELL OPERATING COMPANY PROVISION OF ENHANCED SERVICES Priority: Other Significant Legal Authority: 47 USC 151; 47 USC 152; 47 USC 154; 47 USC 160; 47 USC 161; 47 USC 202 to 205; 47 USC 251; 47 USC 271; 47 USC 272; 47 USC 274 to 276 CFR Citation: 47 CFR 51; 47 CFR 53; 47 CFR 64 Legal Deadline: None Abstract: On January 30, 1998, the FCC released a Further Notice of Proposed [[Page 65593]] Rulemaking (FNPRM) proposing to streamline the safeguards under which the Bell Operating Companies (BOCs) provide information (or enhanced) services, such as voice mail and electronic messaging. The FCC sought comment on tentative conclusions relating to nonstructural safeguards, Comparably Efficient Interconnection (CEI) plans, and network information disclosure rules, among other things. Finally, the FNPRM sought to build a record on which to respond to a partial remand of certain orders by the Court of Appeals for the Ninth Circuit. On February 25, 1999, the Commission adopted a Report and Order which streamlined the Commission's CEI and network information disclosure rules. Although the BOCs must continue to comply with their CEI obligations, they are no longer required to obtain pre-approval of their CEI plans and amendments from the Commission before initiating or altering an intra-LATA information service. Instead, the Commission requires the BOCs to post their CEI plans on their publicly accessible Internet sites, and to notify the Common Carrier Bureau upon such posting. The Commission removed the network information disclosure rules set forth in the Computer II and Computer III proceedings, with the narrow exception of the Computer II rules that require carriers to disclose changes that could affect how customer premises equipment (CPE) is attached to the network. On March 7, 2001, the FCC released a Public Notice requesting further comment on the outstanding issues discussed in its January 30, 1998 FNPRM. Because the issues in this FNPRM overlap with certain issues that the Commission is now considering in a separate docket regarding broadband services, the Commission has incorporated the FNPRM into the broadband proceeding insofar as the FNPRM relates to the BOCs' obligations to promote access to their networks with respect to broadband services. The broadband proceeding is entitled, ``Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities; Universal Service Obligations of Broadband Providers,`` CC Docket No. 02-33, NPRM, FCC 02-42 (rel. Feb. 15, 2002). On August 5, 2005, the Commission adopted a Report and Order and NPRM that establishes a new regulatory framework for wireline broadband Internet access services offered by facilities-based providers, including the BOCs. Once this Order takes effect, the BOCs immediately will be relieved of all Computer Inquiry requirements with respect to wireline broadband Internet access services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ FNPRM 02/26/98 63 FR 9749 R&O 03/24/99 64 FR 14141 Public Notice 03/15/01 66 FR 15064 NPRM 02/15/02 67 FR 9232 NPRM Comment Period End 05/03/02 Reply Comment Period End 07/01/02 R&O (adopted date) 08/05/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Ann Stevens, Associate Division Chief, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1580 Email: ann.stevens@fcc.gov RIN: 3060-AG72 _______________________________________________________________________ 3959. DETARIFFING OF COMPETITIVE LOCAL EXCHANGE CARRIERS' INTERSTATE EXCHANGE ACCESS SERVICES Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151 to 154; 47 USC 160; 47 USC 201 to 205 CFR Citation: 47 CFR 61.26 Legal Deadline: None Abstract: In an Order on Reconsideration released on May 18, 2004, the Commission addressed a number of petitions for reconsideration of the tariff rules governing the charges for interstate switched access services provided by competitive local exchange carriers (CLECs). With this decision, the Commission denied petitions for reconsideration and retained the existing regime governing interstate switched access services provided by CLECs. Although the Commission denied petitions for reconsideration, it addressed a number of issues raised in petitions for clarification and amended the tariff rules accordingly. In the attached Report and Order, the Commission concluded that CLEC- provided access rates for toll free, or ``8YY'' traffic should not be afforded different treatment than CLEC tariffed interstate switched access traffic generally. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 07/17/97 62 FR 38244 FNPRM 09/22/99 64 FR 51280 Public Notice 06/26/00 65 FR 39335 FNPRM 05/21/01 66 FR 27927 Order 05/21/01 66 FR 27892 Order on Recon, R&O 06/24/04 69 FR 35258 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Victoria Goldberg, Attorney Advisor, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7353 Email: victoria.goldberg@fcc.gov RIN: 3060-AG73 _______________________________________________________________________ 3960. PRESCRIBING THE AUTHORIZED RATE OF RETURN FOR INTERSTATE SERVICES OF LOCAL EXCHANGE CARRIERS Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154; 47 USC 201(b); 47 USC 202 to 205; 47 USC 218 to 220; 47 USC 303(r); 47 USC 403 CFR Citation: 47 CFR 65.301 Legal Deadline: None Abstract: This Notice initiates a proceeding to represcribe the authorized rate of return for interstate access services provided by ILECs. It marks the first prescription proceeding since we revised the rules governing procedures and methodologies for prescribing and enforcing the rate of return for ILECs not subject to price cap regulation, and the first prescription proceeding since the Commission adopted its price cap rules for local exchange carriers. In this Notice, we seek comment on the methods by which we could calculate the ILECs' cost of capital. In the Notice, [[Page 65594]] we propose corrections to errors in the codified formulas for the cost of debt and cost of preferred stock and seek comment on whether this proceeding warrants a change in the low-end formula adjustment for local exchange carriers subject to price caps. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 10/05/98 63 FR 55988 NPRM Comment Period End 04/08/99 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Agency Contact: Andrew G. Mulitz, Pricing Policy Division, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0827 Email: amulitz@fcc.gov RIN: 3060-AH18 _______________________________________________________________________ 3961. LOCAL TELEPHONE NETWORKS THAT LECS MUST MAKE AVAILABLE TO COMPETITORS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 251 CFR Citation: 47 CFR 51 (Revision) Legal Deadline: None Abstract: This revises the rules applicable to incumbent local exchange carriers (LECs) to permit competitive carriers to access portions of the incumbent LECs' networks on an unbundled basis. Unbundling allows competitors to lease portions of the incumbent LECs' network to provide telecommunications services. These rule changes are intended to remove uncertainty regarding the incumbent LECs' unbundling obligations under the Telecommunications Act of 1996 and are expected to accelerate the development of local exchange competition. On April 10, 2001, the Commission issued a Public Notice seeking comment on a Joint Petition filed by BellSouth, SBC, and Verizon asking the Commission to find that high-capacity loops and dedicated transport should not be subject to mandatory unbundling. The Commission issued Public Notices on April 23, 2001, and May 14, 2001, seeking additional comment. On December 20, 2001, the Commission issued a Notice of Proposed Rulemaking to comprehensively consider the appropriate changes, if any, to its unbundling policies in light of market developments and technological advances. 67 FR 1947. As part of this triennial review, the Commission incorporated the records of several pending proceedings on unbundling into this docket, including: (1) the availability of loops, transport, and combinations thereof; (2) high-capacity loops and dedicated transport; (3) local switching; and (4) next-generation networks. On May 29, 2002, the Commission extended the reply comment date of the Notice of Proposed Rulemaking to July 17, 2002, to allow all interested parties to incorporate their review and analysis of USTA v. FCC, 290 F.3d 415 (D.C. Cir. 2002). On August 1, 2002, the Commission issued a Public Notice seeking comment on a Verizon telephone company's petition asking the Commission to forbear from applying certain section 271 checklist items if the Commission determines that the corresponding network elements no longer need to be unbundled. On August 13, 2002, the Commission issued a Public Notice seeking comment on a petition filed by WorldCom, Inc., asking the Commission to declare that requesting carriers are entitled to access certain data from incumbent LECs at cost-based rates when they use such data to provide interexchange and exchange access service. On August 21, 2003, the Commission issued a Report and Order, Order on Remand, and Further Notice of Proposed Rulemaking, in which the Commission adopted new unbundling requirements. 68 FR 52276. The Commission re-defined the impairment standard for unbundling to mean when a requesting carrier's lack of access to an incumbent LEC network element poses a barrier or barriers to entry, including operational and economic barriers, which are likely to make entries into a market uneconomic. The Commission's unbundling analysis specifically also considers market-specific variations, including considerations of customer class, geography, and service. In applying this granular analysis, the Commission issued numerous detailed findings and conclusions. As part of these determinations, the Commission concluded that for mass market loops: (1) copper loops are unbundled; (2) hybrid (copper plus fiber) are not unbundled for packet- switching but are unbundled for TDM-based capability; and (3) fiber-to- the-home loops are generally not unbundled, with a limited obligation for overbuild situations. The Commission also held that line sharing would not be unbundled, but that line splitting must be supported by the incumbent LEC. For high-capacity loops serving the enterprise market and for dedicated interoffice transmission facilities, the Commission concluded (1) that OCn loops and transport are not unbundled, (2) that dark fiber DS1 and DS3 loops are unbundled, subject to wholesale and self-provisioning triggers and potential deployment analysis, as well as caps on the number of loops at each capacity available on each route. The Commission further concluded that carriers are impaired for DSO mass market local circuit switching, and directed the states to apply triggers and a potential deployment analysis to make impairment determinations within 9 months. The Commission also resolved a myriad of other issues affecting the scope of the incumbent LEC unbundling obligations, including the availability of commingling, combinations, conversions, and other parts of the network such as packet switching and databases. In addition, the Commission initiated a Notice of Proposed Rulemaking regarding whether the Commission should modify the so-called pick-and- choose rule that permits requesting carriers to opt into individual portions of interconnection agreements without accepting all the terms and conditions of such agreements. 68 FR 52307 On September 17, 2003, the Commission issued an Errata correcting the Report and Order and Order on Remand. On October 9, 2003, the Commission issued a Report seeking comment on ten petitions for clarification and/or reconsideration of the Report and Order and Order on Remand released on August 21, 2003. 68 FR 60391. By Order, the Commission denied a request to extend the comment period for petitions for clarification and/or reconsideration. [[Page 65595]] Regarding implementation of the Commission's Report and Order and Order on Remand, the Commission issued an Order on January 9, 2004, denying a petition by the Oregon Public Utilities Commission for an extension of time to review information regarding enterprise switching impairment. The Commission also issued a Public Notice seeking comment on a petition by the Puerto Rico Telecommunications Regulatory Board for a waiver of the Commission's ruling on enterprise switching. Additionally, the Commission issued a Public Notice seeking comment on a petition by BellSouth to temporarily waive Commission rules regarding enhanced extended loops. On March 2, 2004, the Commission's August 21, 2003 Report and Order and Order on Remand was affirmed in part and vacated and remanded in part. USTA v. FCC, 359 F.3d 554 (D.C. Cir. 2004). On July 8, 2004, the Commission issued an Order denying as moot a petition by Alaska Communications requesting that the Commission stay the state commission proceedings resulting from the now-vacated portions of the Report and Order and Order on Remand. On July 13, 2004, the Commission's Second Report and Order concluded the rulemaking proceeding initiated regarding the so-called pick-and- choose rule and determined that an all-or-nothing rule for opting into other interconnection agreements will better promote increased give and take negotiations. 69 FR 43762. On August 9, 2004, the Commission released an Order on Reconsideration addressing in part two petitions for reconsideration of the Commission's fiber-to-the-premises unbundling rules. 69 FR 54589. The Commission clarified in this Order on Reconsideration the applicability of the fiber-to-the-premises rules in multi-dwelling unit buildings. On August 20, 2004, the Commission issued an Interim Order and Notice of Proposed Rulemaking establishing a new rulemaking proceeding to determine incumbent LEC unbundling obligations as well as establishing interim requirements to govern carrier relationships until the Commission concludes its rulemaking process. 69 FR 55111, 55128. The interim requirements freeze the terms of carriers' interconnection agreements as they stood on June 15, 2004, until the earlier of (1) new Commission unbundling rules, or (2) six months after Federal Register publication. Additionally, the Notice of Proposed Rulemaking seeks comment on how the Commission should respond to the D.C. Circuit's March 2, 2004, remand. The Commission issued a Public Notice on September 13, 2004 announcing that summaries of the Interim Order and Notice of Proposed Rulemaking published that day in the Federal Register. On September 10, 2004, the Commission issued a Public Notice establishing a comment period for responses to a request by the Association of Local Telecommunications Services seeking a limited modification of a Protective Order governing certain line count information filed in a separate Commission proceeding, but which may be useful to parties in the unbundled network elements rulemaking. On October 18, 2004, the Commission released and Order on Reconsideration concluding that fiber-to-the-curb (FTTC) loops shall be subject to the same unbundling framework that the Commission established for fiber-to-the-home (FTTH) loops. 69 FR 77950. On February 4, 2005, the Commission released an Order on Remand, 70 FR 8940, responding to the D.C. Circuit's remand of certain parts of the Triennial Review Order, including several aspects of the impairment standard as well as new determinations regarding unbundling requirements for local circuit switching, high-capacity loops, and dedicated transport. Specifically, the Commission determined that incumbent LECs have no obligation to unbundle local circuit switching and adopted a 12-month plan to transition existing customers of unbundled switching to other arrangements. Regarding high-capacity loops, the Commission determined that competing carriers are not impaired (thus, are not entitled to access as UNEs) dark fiber loop circuits. Competing carriers are, however, impaired without access to DS1 and DS3 loops, except in wire centers that meet specific business lines and fiber-based collocation thresholds. Similarly, with respect to dedicated transport, the Commission determined that competing carriers are impaired without access to DS1, DS3 and dark fiber transport, except on routes connecting a pair of wire centers, each containing a specified number of business lines or a specified number of fiber-based collocators. On April 25, 2005 and May 25, 2005, the Commission issued Public Notices establishing comment periods in response to petitions for reconsideration of the Commission's Order on Remand (Triennial Review Order). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Second Further NPRM 04/26/99 64 FR 20238 Fourth Further NPRM 01/14/00 65 FR 2367 Errata Third R&O and Fourth Further NPRM 01/18/00 65 FR 2542 Second Errata Third R&O and Fourth Further NPRM 01/18/00 65 FR 2542 Supplemental Order 01/18/00 65 FR 2542 Third R&O 01/18/00 65 FR 2542 Correction 04/11/00 65 FR 19334 Supplemental Order Clarification06/20/00 65 FR 38214 Public Notice 02/01/01 66 FR 8555 Public Notice 03/05/01 66 FR 18279 Public Notice 04/10/01 Public Notice 04/23/01 Public Notice 05/14/01 NPRM 01/15/02 67 FR 1947 Public Notice 05/29/02 Public Notice 08/01/02 Public Notice 08/13/02 NPRM 08/21/03 68 FR 52276 R&O and Order on Remand 08/21/03 68 FR 52276 Errata 09/17/03 Report 10/09/03 68 FR 60391 Order 10/28/03 Order 01/09/04 Public Notice 01/09/04 Public Notice 02/18/04 Order 07/08/04 2nd R&O 07/08/04 69 FR 43762 Order on Recon 08/09/04 69 FR 54589 Interim Order 08/20/04 69 FR 55111 NPRM 08/20/04 69 FR 55128 Public Notice 09/10/04 Public Notice 09/13/04 Public Notice 10/20/04 Order on Recon 12/29/04 69 FR 77950 Order on Remand 02/04/04 Public Notice 04/25/05 70 FR 29313 Public Notice 05/25/05 70 FR 34765 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Local, State [[Page 65596]] Federalism: Undetermined Agency Contact: Tim Stelzig, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-0942 Email: tim.stelzig@fcc.gov RIN: 3060-AH44 _______________________________________________________________________ 3962. 2000 BIENNIAL REGULATORY REVIEW--TELECOMMUNICATIONS SERVICE QUALITY REPORTING REQUIREMENTS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154(i); 47 USC 154(j); 47 USC 201(b); 47 USC 303(r); 47 USC 403 CFR Citation: 47 CFR 32; 47 CFR 32.11; 47 CFR 32.1220(h); 47 CFR 32.2311(f); 47 CFR 32.2003(b); 47 CFR 32.5280(c); 47 CFR 32.27(c); 47 CFR 64.903(a) Legal Deadline: None Abstract: This NPRM proposes to eliminate our current service quality reports (ARMIS Report 43-05 and 43-06) and replace them with a more consumer-oriented report. The NPRM proposes to reduce the reporting categories from more than 30 to 6, and addresses the needs of carriers, consumers, state public utility commissions, and other interested parties. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/04/00 65 FR 75657 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Carol Simpson, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2391 Fax: 202 418-1413 Email: carol.simpson@fcc.gov RIN: 3060-AH72 _______________________________________________________________________ 3963. ACCESS CHARGE REFORM AND UNIVERSAL SERVICE REFORM Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 154(i); 47 USC 154(j); 47 USC 201 to 205; 47 USC 254; 47 USC 403 CFR Citation: 47 CFR 36; 47 CFR 54; 47 CFR 61; 47 CFR 69 Legal Deadline: None Abstract: On October 11, 2001, the Commission adopted an Order reforming the interstate access charge and universal service support system for rate-of-return incumbent carriers. The Order adopts three principal reforms. First, the Order modifies the interstate access rate structure for small carriers to align it more closely with the manner in which costs are incurred. Second, the Order removes implicit support for universal service from the rate structure and replaces it with explicit, portable support. Third, the Order permits small carriers to continue to set rates based on the authorized rate of return of 11.25 percent. The Order became effective on January 1, 2002, and the support mechanism established by the Order was implemented beginning July 1, 2002. The Commission also adopted a Further Notice of Proposed Rulemaking (FNPRM) seeking additional comment on proposals for incentive regulation, increased pricing flexibility for rate-of-return carriers, and proposed changes to the Commission's ``all-or-nothing'' rule. Comments on the FNPRM were due on February 14, 2002, and reply comments on March 18, 2002. On February 12, 2004, the Commission adopted a Second Report and Order resolving several issues on which the Commission sought comment in the FNPRM. First, the Commission modified the ``all or nothing'' rule to permit rate-of-return carriers to bring recently acquired price cap lines back to rate-of-return regulation. Second, the Commission granted rate-of-return carriers the authority immediately to provide geographically deaveraged transport and special access rates, subject to certain limitations. Third, the Commission merged Long Term Support (LTS) with Interstate Common Line Support (ICLS). The Commission also adopted a Second FNPRM seeking comment on two specific plans that propose establishing optional alternative regulation mechanisms for rate-of-return carriers. In conjunction with the consideration of those alternative regulation proposals, the Commission sought comment on modification that would permit a rate-of- return carrier to adopt an alternative regulation plan for some study areas, while retaining rate-of-return regulation for other of its study areas. Comments on the Second FNPRM were due on April 23, 2004, and May 10, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/25/01 66 FR 7725 Further NPRM 11/30/01 66 FR 59761 Report and Order 11/30/01 66 FR 59719 2nd FNPRM 03/23/04 69 FR 13794 Order 05/06/04 69 FR 25325 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: Douglas Slotten, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1572 Email: douglas.slotten@fcc.gov RIN: 3060-AH74 _______________________________________________________________________ 3964. 2000 BIENNIAL REGULATORY REVIEW--COMPREHENSIVE REVIEW OF THE ACCOUNTING REQUIREMENTS AND ARMIS REPORTING REQUIREMENTS FOR INCUMBENT LOCAL EXCHANGE CARRIERS; PHASE 2 AND PHASE 3 Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 154(i); 47 USC 154(j); 47 USC 161; 47 USC 201(b); 47 USC 303(r); 47 USC 403 CFR Citation: 47 CFR 32.1 et seq Legal Deadline: None Abstract: This NPRM seeks comment on various measures to streamline existing accounting and ARMIS reporting requirements. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/13/00 65 FR 67675 NPRM Comment Period End 03/14/01 [[Page 65597]] Public Notice 06/26/01 66 FR 33938 Public Notice Comment Period End07/26/01 FNPRM 02/06/02 67 FR 5704 R&O 02/06/02 67 FR 5670 Order on Recon 04/24/02 67 FR 20052 Petitions for Recon 04/30/02 67 FR 21236 FNPRM Comment Period End 05/07/02 PFR Comment Period End 05/25/02 Order 10/30/02 67 FR 66069 Order 11/06/02 67 FR 67567 Order 12/18/02 67 FR 77432 Order 06/30/03 68 FR 38641 NPRM 12/31/03 68 FR 75478 Order 12/31/03 68 FR 75455 NPRM Comment Period End 02/17/04 Corrective Amendments 07/27/04 69 FR 44607 R&O 09/02/04 69 FR 53645 Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Federalism: Undetermined Agency Contact: Ronald Kaufman, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-7148 Email: ronald.kaufman@fcc.gov RIN: 3060-AH76 _______________________________________________________________________ 3965. NUMBERING RESOURCE OPTIMIZATION Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 47 USC 151; 47 USC 154; 47 USC 201 et seq; 47 USC 251(e) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In 1999, the Commission released the Numbering Resource Optimization Notice of Proposed Rulemaking (Notice) in CC Docket 99- 200. The Notice examined and sought comment on several administrative and technical measures aimed at improving the efficiency with which telecommunications numbering resources are used and allocated. It incorporated input from the North American Numbering Council (NANC), a Federal advisory committee, which advises the Commission on issues related to number administration.In the Numbering Resource Optimization First Report and Order and Further Notice of Proposed Rulemaking (NRO First Report and Order), released on March 31, 2000, the Commission adopted a mandatory utilization data reporting requirement, a uniform set of categories of numbers for which carriers must report their utilization, and a utilization threshold framework to increase carrier accountability and incentives to use numbers efficiently. In addition, the Commission adopted a single system for allocating numbers in blocks of one thousand, rather than ten thousand, wherever possible, and established a plan for national rollout of thousands-block number pooling. The Commission also adopted numbering resource reclamation requirements to ensure that unused numbers are returned to the North American Numbering Plan (NANP) inventory for assignment to other carriers. Also, to encourage better management of numbering resources, carriers are required, to the extent possible, to first assign numbering resources within thousands blocks (a form of sequential numbering). In the NRO Second Report and Order, the Commission adopted a measure that requires all carriers to use at least 60 percent of their numbering resources before they may get additional numbers in a particular area. That 60 percent utilization threshold increases to 75 percent over the next three years. The Commission also established a five-year term for the national Pooling Administrator and an auditing program to verify carrier compliance with the Commission's rules. Furthermore, the Commission addressed several issues raised in the Notice, concerning area code relief. Specifically, the Commission declined to amend the existing Federal rules for area code relief or specify any new federal guidelines for the implementation of area code relief. The Commission also declined to state a preference for either all-services overlays or geographic splits as a method of area code relief. Regarding mandatory nationwide ten-digit dialing, the Commission declined to adopt this measure at the present time. Furthermore, the Commission declined to mandate nationwide expansion of the ``D digit'' (the ``N'' of an NXX or central office code) to include 0 or 1, or to grant state commissions the authority to implement the expansion of the D digit as a numbering resource optimization measure at the present time. In the NRO Third Report and Order, the Commission addressed national thousands-block number pooling administration issues, including declining to alter the implementation date for covered CMRS carriers to participate in pooling. The Commission also addressed Federal cost recovery for national thousands-block number pooling, and continued to require States to establish cost recovery mechanisms for costs incurred by carriers participating in pooling trials. The Commission reaffirmed the Months-to-Exhaust (MTE) requirement for carriers. The Commission declined to lower the utilization threshold established in the Second Report and Order, and declined to exempt pooling carriers from the utilization threshold. The Commission also established a safety valve mechanism to allow carriers that do not meet the utilization threshold in a given rate center to obtain additional numbering resources. In the NRO Third Report and Order, the Commission lifted the ban on technology-specific overlays (TSOs), and delegated authority to the Common Carrier Bureau, in consultation with the Wireless Telecommunications Bureau, to resolve any such petitions. Furthermore, the Commission found that carriers who violate our numbering requirements, or fail to cooperate with an auditor conducting either a ``for cause'' or random audit, should be denied numbering resources in certain instances. The Commission also reaffirmed the 180-day reservation period, declined to impose fees to extend the reservation period, and found that State commissions should be allowed password- protected access to the NANPA database for data pertaining to NPAs located within their State. The measures adopted in the NRO orders will allow the Commission to monitor more closely the way numbering resources are used within the NANP, and will promote more efficient allocation and use of NANP resources by tying a carrier's ability to obtain numbering resources more closely to its actual need for numbers to serve its customers. These measures are designed to create national standards to optimize the use of numbering resources by: (1) Minimizing [[Page 65598]] the negative impact on consumers of premature area code exhausts; (2) ensuring sufficient access to numbering resources for all service providers to enter into or to compete in telecommunications markets; (3) avoiding premature exhaust of the NANP; (4) extending the life of the NANP; (5) imposing the least societal cost possible, and ensuring competitive neutrality, while obtaining the highest benefit; (6) ensuring that no class of carrier or consumer is unduly favored or disfavored by the Commission's optimization efforts; and (7) minimizing the incentives for carriers to build and carry excessively large inventories of numbers. In NRO Third Order on Recon in CC Docket No. 99-200, Third Further Notice of Proposed Rulemaking in CC Docket No. 99-200 and Second Further Notice of Proposed Rulemaking in CC Docket No, 95-116, the Commission reconsidered its findings in the NRO Third Report and Order regarding the local Number portability (LNP) and thousands-block number pooling requirements for carriers in the top 100 Metropolitan Statistical areas (MSAs). Specifically, the Commission reversed its clarification that those requirements extend to all carriers in the largest 100 MSAs, regardless of whether they have received a request from another carrier to provide LNP. The Commission also sought comment on whether the Commission should again extend the LNP requirements to all carriers in the largest 100 MSAs, regardless of whether they receive a request to provide LNP. The Commission also sought comment on whether all carriers in the top 100 MSAs should be required to participate in thousands-block number pooling, regardless of whether they are required to be LNP capable. In addition, the Commission sought comment on whether all MSAs included in Combined Metropolitan Statistical Areas (CMSAs) on the Census Bureau's list of the largest 100 MSAs should be included on the Commission's list of the top 100 MSAs. In the NRO Fourth Report and Order and Further Notice of Proposed Rulemaking, the Commission reaffirmed that carriers must deploy LNP in switches within the 100 largest Metropolitan Statistical Areas (MSAs) for which another carrier has made a specific request for the provision of LNP. The Commission delegated the authority to state commissions to require carriers operating within the largest 100 MSAs that have not received a specific request for LNP from another carrier to provide LNP, under certain circumstances and on a case-by-case basis. The Commission concluded that all carriers, except those specifically exempted, are required to participate in thousands-block number pooling in accordance with the national rollout schedule, regardless of whether they are required to provide LNP, including commercial mobile radio service (CMRS) providers that are not required to deploy LNP until November 24, 2003. The Commission specifically exempted from the pooling requirement rural telephone companies and Tier III CMRS providers that have not received a request to provide LNP. The Commission also exempted from the pooling requirement carriers that are the only service provider receiving numbering resources in a given rate center. Additionally, the Commission sought further comment on whether these exemptions should be expanded to include carriers where there are only two service providers receiving numbering resources in the rate center. Finally, the Commission reaffirmed that the 100 largest MSAs identified in the 1990 U.S. Census reports as well as those areas included on any subsequent U.S. Census report of the 100 largest MSAs. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/17/99 64 FR 32471 R&O and Further NPRM 06/16/00 65 FR 37703 Second R&O and Second Further NPRM 02/08/01 66 FR 9528 Third R&O and Second Order on Recon 02/12/02 67 FR 643 3rd O on Recon & 3rd FNPRM 04/05/02 67 FR 16347 4th R&O and 4th NPRM (Release Date) 06/18/03 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Sanford Williams, Attorney, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554 Phone: 202 418-1508 RIN: 3060-AH80 _______________________________________________________________________ 3966. PERFORMANCE MEASUREMENTS AND STANDARDS FOR UNBUNDLED NETWORK ELEMENTS AND INTERCONNECTION Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 47 USC 151, 152; 47 USC 154(i), 201; 47 USC 202, 206 to 209; 47 USC 251, 253; 47 USC 503, 504, 706 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On November 8, 2001, the Commission opened a rulemaking to consider whether it should adopt a modest group of national performance measurements and standards for evaluating the provision of unbundled network elements by Incumbent Local Exchange Carriers. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/30/01 66 FR 59759 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Carol Simpson, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2391 Fax: 202 418-1413 Email: carol.simpson@fcc.gov Related RIN: Related to 3060-AH00 RIN: 3060-AI00 _______________________________________________________________________ 3967. PERFORMANCE MEASUREMENTS AND STANDARDS FOR INTERSTATE SPECIAL ACCESS SERVICES Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 47 USC 101, 152; 47 USC 154(i); 47 USC 201, 202; 47 USC 206 to 209, 251; 47 USC 272, 503 [[Page 65599]] CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On November 16, 2001, the Commission opened a rulemaking to consider whether it should adopt national performance measurements, standards, and penalties for the provision of interstate special access services. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/10/01 66 FR 63651 Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Carol Simpson, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-2391 Fax: 202 418-1413 Email: carol.simpson@fcc.gov RIN: 3060-AI01 _______________________________________________________________________ 3968. NATIONAL EXCHANGE CARRIER ASSOCIATION PETITION Priority: Substantive, Nonsignificant Legal Authority: 47 USC 151; 47 USC 152; 47 USC 201; 47 USC 202; . . . CFR Citation: 47 CFR 69.104; 47 CFR 69.152; 47 CRF 69.130; 47 CFR 69.157 Legal Deadline: None Abstract: In a notice of proposed rulemaking released on July 19, 2004, the Commission initiated a rulemaking proceeding to examine the proper number of end user common line charges (commonly referred to as subscriber line charges or SLCs) that carriers may assess upon customers that obtain derived channel T-1 service where the customer provides the terminating channelization equipment and upon customers that obtain Primary Rate Interface (PRI) Integrated Service Digital Network (ISDN) service. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/13/04 69 FR 50141 NPRM Comment Period End 11/12/04 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Douglas Slotten, Attorney Advisor, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1572 Email: douglas.slotten@fcc.gov RIN: 3060-AI47 _______________________________________________________________________ 3969. IP-ENABLED SERVICES Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 47 USC 151; 47 USC 152; . . . CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The notice seeks comment on ways in which the Commission might categorize IP-enabled services for purposes of evaluating the need for applying any particular regulatory requirements. It poses questions regarding the proper allocation of jurisdiction over each category of IP-enabled service. The notice then requests comment on whether the services comprising each category constitute ``telecommunications services'' or ``information services'' under the definitions set forth in the Act. Finally, noting the Commission's statutory forbearance authority and title I ancillary jurisdiction, the notice describes a number of central regulatory requirements (including, for example, those relating to access charges, universal service, E911, and disability accessibility), and asks which, if any, should apply to each category of IP-enabled services. On August 12, 2005, the Commission issued a Public Notice establishing a comment cycle for three Petitions for Reconsideration and/or Clarification of the First Report and Order. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 03/29/04 69 FR 16193 NPRM Comment Period End 07/14/04 First R&O 06/03/05 70 FR 37273 Public Notice 08/12/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Agency Contact: Christi Shewman, Senior Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1686 Fax: 202 418-1413 Email: christi.shewman@fcc.gov RIN: 3060-AI48 _______________________________________________________________________ 3970. [bull] E911 REQUIREMENTS FOR IP-ENABLED SERVICE PROVIDERS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 47 USC 151; 47 USC 154(i) to 154(j); 47 USC 251(e); 47 USC 303(r) CFR Citation: 47 CFR 9 Legal Deadline: None Abstract: The notice seeks comment on what additional steps the Commission should take to ensure that providers of voice over Internet protocol services that interconnect with the public switched telephone network provide ubiquitous and reliable enhanced 911 service. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 06/29/05 70 FR 37307 NPRM Comment Period End 09/12/05 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Undetermined Agency Contact: Christi Shewman, Senior Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1686 Fax: 202 418-1413 Email: christi.shewman@fcc.gov Related RIN: Related to 3060-AI48 RIN: 3060-AI62 [[Page 65600]] _______________________________________________________________________ Federal Communications Commission (FCC) Completed Actions Wireline Competition Bureau _______________________________________________________________________ 3971. DEPLOYMENT OF WIRELINE SERVICES OFFERING ADVANCED TELECOMMUNICATIONS CAPABILITY Priority: Other Significant Legal Authority: 47 USC 151; 47 USC 152; 47 USC 153; 47 USC 154; 47 USC 157; 47 USC 160; 47 USC 201; 47 USC 202; 47 USC 203; 47 USC 204; 47 USC 205; 47 USC 251; 47 USC 252; 47 USC 253; 47 USC 254; 47 USC 256; 47 USC 271; 47 USC 303(r) CFR Citation: 47 CFR 51.5; 47 CFR 51.230; 47 CFR 51.231; 47 CFR 51.232; 47 CFR 51.233; 47 CFR 51.319; 47 CFR 51.321; 47 CFR 51.323; 47 CFR 51.605; 47 CFR 51.607 Legal Deadline: None Abstract: On March 31, 1999, the Commission released a First Report and Order and Further Notice of Proposed Rulemaking (NPRM) (Advanced Services Order), in CC Docket No. 98-147, adopting several measures to enable competitive providers of advanced services such as those used to provide high-speed Internet access, to deploy new technologies on a faster, more cost-effective basis to consumers. This order is intended to create marketplace conditions conducive to the nationwide deployment of advanced telecommunications services consistent with the goals of section 706 of the Telecommunications Act of 1996. Because the Commission concluded that the record did not sufficiently address long- term spectrum compatibility issues, the Commission adopted a companion Further NPRM that sought comment on issues related to developing long- term standards and practices for spectrum compatibility and management. In the Further NPRM, the Commission also tentatively concluded that it is technically feasible for two different telecommunications carriers sharing a single line to provide traditional voice service and advanced services. The Further Notice sought comment on the operational, pricing, legal and policy ramifications of mandating such line sharing at the Federal level. On November 9, 1999, the Commission released a Second Report and Order (Advanced Services Resale Order) in CC Docket No. 98-147, which addressed whether the discounted resale obligation of section 251(c)(4) applies to incumbent Local Exchange Carrier (LEC) provision of advanced services. The Commission determined that analysis of section 251(c)(4) requires a fact-specific evaluation of the features and characteristics of a particular transaction, and concluded that advanced services sold at retail by incumbent LECs to residential and business end-users are subject to the section 251(c)(4) discounted resale obligation, without regard to their classification as telephone exchange service or exchange access service. The Commission, however, reached a different result as to advanced services sold to Internet Service Providers for inclusion in a high-speed Internet service offering, concluding that these advanced services are inherently different from advanced services made available directly to business and residential end-users, and as such, are not subject to the discounted resale obligations of section 251(c)(4). On December 9, 1999, the Commission released a Third Report and Order in CC Docket No. 98-147 and Fourth Report and Order in CC Docket No. 96-98 (Line Sharing Order). In the Line Sharing Order, the Commission adopted measures to promote the availability of competitive broadband Digital Subscriber Line (DSL) services, especially to residential and small business customers. The Third R&O amended the Commission's network unbundling rules to require incumbent LECs to provide unbundled access to a new network element, the high frequency portion of the local loop. This enables competitive LECs to compete with incumbent LECs to provide DSL services through telephone lines that the competitive LECs can share with incumbent LECs. In addition, the Line Sharing Order adopted spectrum management policies and rules to facilitate the competitive deployment of advanced services. On January 19, 2001, the Commission issued an Order on Reconsideration and a Further Notice of Proposed Rulemaking in which the Commission reinforced its line sharing rules to promote availability of unbundled access to the high frequency portion of the loop. It also addressed issues in a variety of petitions for clarification and/or reconsideration filed in response to the Line Sharing Order. On December 20, 2001, the Commission released a Notice of Proposed Rulemaking in CC Docket Nos. 01-338, 96-98, and 98-147 seeking comment on whether, in light of changed circumstances, it should retain the unbundling requirement. On May 24, 2002, the U.S. Court of Appeals for the Districtof Columbia Circuit (USTA I) vacated the Commission's line sharing rules, finding that the Commission had failed to give adequate consideration to existing facilities-based competition in the provision of broadband services, especially by cable systems. The court stayed the effectiveness of its opinion through February 20, 2003. On August 21, 2003, the Commission released a Report and Order on Remand and Further Notice of Proposed Rulemaking (Triennial Review Order) in CC Docket Nos. 01-338, 96-98, and 98-147, declining to reinstate its line sharing rules except on a grandfathered and transitional basis. Specifically, the Commission determined that competitive carriers are not impaired without access to the high frequency portion of an incumbent LEC's copper loops. Among other things, the Commission determined that competitors will continue to have access to an incumbent LEC's stand- alone copper loops and reaffirmed the incumbent LEC's obligation to permit line splitting, which is similar to line sharing, but with a competitive LEC, not the incumbent LEC, as the voice provider. In recognition of competitive LEC reliance on the vacated line-sharing rules, the Commission's Triennial Review Order established an interim grandfather rule, which permits competitive LECs to continue providing DSL service to all existing customers until the next biennial review. In addition, the Commission established a three-year transition period, which is designed to minimize customer disruption and provide a glide path to competitive LECs currently availing themselves of the line sharing UNE. During the first year of the transition, competitive carriers may continue to sign up new customers through line sharing at 25 percent of State-approved recurring rates or the agreed-upon recurring rates in existing interconnection agreements for stand-alone copper loops. In the second year, no new customers may be added and this rate increases to 50 percent of the cost of a stand-alone loop. In the last year of the transition, the same rate increases to 75 percent. After the transition period, a non-grandfathered customer must be served through a line [[Page 65601]] splitting arrangement, a stand-alone copper loop, or an arrangement that the competitive LEC has negotiated with the incumbent LEC to replace line sharing. On March 2, 2004, the U.S. Court of Appeals for the District of Columbia Circuit (USTA II) upheld the Commission's new line sharing rules adopted in the Triennial Review Order. The new rules became effective on October 2, 2003. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 08/24/98 63 FR 45140 Order 08/24/98 63 FR 45133 R&O and Further NPRM 04/30/99 64 FR 23229 Third R&O 01/10/00 65 FR 1331 Second R&O 02/11/00 65 FR 6912 Reconsideration Order and Further NPRM 02/06/01 66 FR 9035 NPRM 01/15/02 67 FR 1947 Order 08/21/03 68 FR 52307 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Agency Contact: William Dever, Deputy Division Chief, Federal Communications Commission, Wireline Competition Bureau, 445 12th Street, SW., Washington, DC 20554 Phone: 202 418-1580 Fax: 202 418-1413 Email: william.dever@fcc.gov RIN: 3060-AH03 [FR Doc. 05-19917 Filed 10-28-05; 8:45 am] BILLING CODE 6712-01-S