# Unified Agenda of Federal Regulatory and Deregulatory Actions-Spring 2011 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2011-15501 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 7, 2011 - **Citation:** 76 FR 40154 ## Text FEDERAL COMMUNICATIONS COMMISSION 47 CFR Ch. I Unified Agenda of Federal Regulatory and Deregulatory Actions—Spring 2011 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. See 5 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 Sequence No. Title Regulation Identifier No. 331 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) 3060-AG42 332 Implementation of the Subscriber Selection Changes Provision of the Telecommunications Act of 1996 (CC Docket No. 94-129) 3060-AG46 333 Implementation of the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommunications Equipment, and Customer Premises Equipment by Persons With Disabilities 3060-AG58 334 Telecommunications Relay Services, the Americans With Disabilities Act of 1990, and the Telecommunications Act of 1996 (CC Docket No. 90-571) 3060-AG75 335 Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02-278) 3060-AI14 336 Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay Service) (CG Docket No. 03-123) 3060-AI15 337 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CG Docket No. 04-53) 3060-AI20 338 Rules and Regulations Implementing Minimum Customer Account Record Exchange (CARE) Obligations on All Local and Interexchange Carriers (CG Docket No. 02-386) 3060-AI58 339 Consumer Information and Disclosure and Truth in Billing and Billing Format 3060-AI61 340 Closed Captioning of Video Programming ( Section 610 Review ) 3060-AI72 341 Accessibility of Programming Providing Emergency Information 3060-AI75 342 Empowering Consumers to Avoid Bill Shock, Consumer Information and Disclosure; CG Docket No. 10-207, CG Docket No. 09-158 3060-AJ51 Office of Engineering and Technology—Long-Term Actions Sequence No. Title Regulation Identifier No. 343 New Advanced Wireless Services (ET Docket No. 00-258) 3060-AH65 344 Exposure to Radiofrequency Electromagnetic Fields 3060-AI17 345 Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186) 3060-AI52 346 Unlicensed Devices and Equipment Approval (ET Docket No. 03-201) 3060-AI54 347 Fixed and Mobile Services in the Mobile Satellite Service (ET Docket No. 10-142) 3060-AJ46 348 Innovation in the Broadcast Television Bands; ET Docket No. 10-235 3060-AJ57 349 Radio Experimentation and Market Trials Under Part 5 of the Commission's Rules and Streamlining Other Related Rules; ET Docket No. 10-236 3060-AJ62 Office of Engineering and Technology—Completed Actions Sequence No. Title Regulation Identifier No. 350 Revision of the Rules Regarding Ultra-Wideband Transmission 3060-AH47 International Bureau—Long-Term Actions Sequence No. Title Regulation Identifier No. 351 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) 3060-AF93 352 Allocation and Designation of Spectrum in the 36.0-43.5 GHz Band 3060-AH23 353 Space Station Licensing Reform (IB Docket No. 02-34) 3060-AH98 354 Mitigation of Orbital Debris (IB Docket No. 02-54) 3060-AI06 355 Amendment of the Commission's Rules (IB Docket No. 04-47) 3060-AI41 356 Reporting Requirements for U.S. Providers of International Telecommunications Services (IB Docket No. 04-112) 3060-AI42 357 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) 3060-AI44 358 Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations (IB Docket No. 07-101) 3060-AI90 International Bureau—Completed Actions Sequence No. Title Regulation Identifier No. 359 Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures (IB Docket No. 95-117) 3060-AD70 360 Streamlining Earth Station Licensing Rules (IB Docket No. 00-248) 3060-AH60 Media Bureau—Long-Term Actions Sequence No. Title Regulation Identifier No. 361 Cable Television Rate Regulation 3060-AF41 362 Cable Television Rate Regulation: Cost of Service 3060-AF48 363 Cable Home Wiring 3060-AG02 364 Competitive Availability of Navigation Devices (CS Docket No. 97-80) 3060-AG28 365 Digital Audio Broadcasting Systems (MM Docket No. 99-325) 3060-AH40 366 Second Periodic Review of Rules and Policies Affecting the Conversion to DTV 3060-AH54 367 Revision of EEO Rules and Policies (MM Docket No. 98-204) 3060-AH95 368 Broadcast Multiple and Cross-Ownership Limits 3060-AH97 369 Establishment of Rules for Digital Low Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185) 3060-AI38 370 Joint Sales Agreements in Local Television Markets (MB Docket No. 04-256) 3060-AI55 371 Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services (MB Docket No. 05-210) 3060-AI63 372 Digital Television Distributed Transmission System Technologies (MB Docket No. 05-312) 3060-AI68 373 Implementation of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05-311) 3060-AI69 374 Program Access Rules—Sunset of Exclusive Contracts Prohibition and Examination of Programming Tying Arrangements (MB Docket Nos. 07-29, 07-198) 3060-AI87 375 Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television (MB Docket No. 07-91) 3060-AI89 376 Broadcast Localism (MB Docket No. 04-233) 3060-AJ04 377 Creating a Low Power Radio Service (MM Docket No. 99-25) 3060-AJ07 378 Sponsorship Identification Rules and Embedded Advertising (MB Docket No. 08-90) 3060-AJ10 379 An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification (MM Docket No. 93-177) 3060-AJ17 380 Amendment of Parts 73 and 74 of the Commission's Rules To Establish Rules for Replacement Digital Low Power Television Translator Stations (MB Docket No. 08-253) 3060-AJ18 381 Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures (MB Docket No. 09-52) 3060-AJ23 382 Promoting Diversification of Ownership in the Broadcast Services (MB Docket No. 07-294) 3060-AJ27 383 Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA) (MB Docket No. 10-148) 3060-AJ43 Media Bureau—Completed Actions Sequence No. Title Regulation Identifier No. 384 Direct Broadcast Public Interest Obligations (MM Docket No. 93-25) 3060-AH59 Office of Managing Director—Long-Term Actions Sequence No. Title Regulation Identifier No. 385 Assessment and Collection of Regulatory Fees 3060-AI79 386 Amendment of Part 1 of the Commission's Rules, Concerning Practice and Procedure, Amendment of CORES Registration System; MD Docket No. 10-234 3060-AJ54 Public Safety and Homeland Security Bureau—Long-Term Actions Sequence No. Title Regulation Identifier No. 387 Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems 3060-AG34 388 Enhanced 911 Services for Wireline 3060-AG60 389 In the Matter of the Communications Assistance for Law Enforcement Act 3060-AG74 390 Development of Operational, Technical, and Spectrum Requirements for Public Safety Communications Requirements 3060-AG85 391 1998 Biennial Regulatory Review—Review of Accounts Settlement in Maritime Mobile and Maritime Mobile-Satellite Radio Services (IB Docket No. 98-96) 3060-AH30 392 Implementation of 911 Act 3060-AH90 393 Commission Rules Concerning Disruptions to Communications 3060-AI22 394 E911 Requirements for IP-Enabled Service Providers 3060-AI62 395 Recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks 3060-AI78 396 Stolen Vehicle Recovery System (SVRS) 3060-AJ01 397 Commercial Mobile Alert System 3060-AJ03 398 Emergency Alert System 3060-AJ33 399 Wireless E911 Location Accuracy Requirements; PS Docket No. 07-114 3060-AJ52 Wireless Telecommunications Bureau—Long-Term Actions Sequence No. Title Regulation Identifier No. 400 Implementation of the Communications Act, Amendment of the Commission's Rules—Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap 3060-AG21 401 Service Rules for the 746 to 764 and 776 to 794 MHz Bands, and Revisions to the Commission's Rules 3060-AH32 402 Amendment of Parts 13 and 80 of the Commission's Rules Governing Maritime Communications 3060-AH55 403 Competitive Bidding Procedures 3060-AH57 404 Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers 3060-AH83 405 Facilitating the Provision of Spectrum-Based Services to Rural Areas 3060-AI31 406 Improving Public Safety Communications in the 800 MHz Band Industrial/Land Transportation and Business Channels 3060-AI34 407 Review of Part 87 of the Commission's Rules Concerning Aviation (WT Docket No. 01-289) 3060-AI35 408 Implementation of the Commercial Spectrum Enhancement Act (CSEA) and Modernization of the Commission's Competitive Bidding Rules and Procedures (WT Docket No. 05-211) 3060-AI88 409 Facilitating the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands 3060-AJ12 410 Amendment of the Rules Regarding Maritime Automatic Identification Systems (WT Docket No. 04-344) 3060-AJ16 411 Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band 3060-AJ19 412 Service Rules for Advanced Wireless Services in the 1915 to 1920 MHz, 1995 to 2000 MHz, 2020 to 2025 MHz, and 2175 to 2180 MHz Bands 3060-AJ20 413 Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-166; Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary 3060-AJ21 414 Amendment of the Commission's Rules To Improve Public Safety Communications in the 800 MHz Band, and To Consolidate the 800 MHz and 900 MHz Business and Industrial/Land Transportation Pool Channels 3060-AJ22 415 Amendment of Part 101 to Accommodate 30 MHz Channels in the 6525-6875 MHz Band and Provide Conditional Authorization on Channels in the 21.8-22.0 and 23.0-23.2 GHz Band (WT Docket No. 04-114) 3060-AJ28 416 In the Matter of Service Rules for the 698 to 746, 747 to 762 and 777 to 792 MHz Bands 3060-AJ35 417 National Environmental Act Compliance for Proposed Tower Registrations; In the Matter of Effects on Migratory Birds 3060-AJ36 418 Amendment of Part 90 of the Commission's Rules 3060-AJ37 419 Amendment of Part 101 of the Commission's Rules for Microwave Use and Broadcast Auxiliary Service Flexibility 3060-AJ47 420 2004 and 2006 Biennial Regulatory Reviews—Streamlining and Other Revisions of the Commission's Rules Governing Construction, Marking, and Lighting of Antenna Structures 3060-AJ50 421 Universal Service Reform Mobility Fund (WT Docket No. 10-208) 3060-AJ58 422 Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525-1559 MHz and 1626.5-1660.5 MHz, 1610-1626.5 MHz and 2483.5-2500 MHz, and 2000-2020 MHz and 2180-2200 MHz 3060-AJ59 Wireless Telecommunications Bureau—Completed Actions Sequence No. Title Regulation Identifier No. 423 2000 Biennial Regulatory Review Spectrum Aggregation Limits for Commercial Mobile Radio Services 3060-AH81 424 In the Matter of Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets 3060-AH82 Wireline Competition BUREAU—Long-Term Actions Sequence No. Title Regulation Identifier No. 425 Implementation of the Universal Service Portions of the 1996 Telecommunications Act 3060-AF85 426 Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information 3060-AG43 427 Implementation of the Local Competition Provisions of the Telecommunications Act of 1996 3060-AG50 428 Local Telephone Networks That LECs Must Make Available to Competitors 3060-AH44 429 2000 Biennial Regulatory Review—Telecommunications Service Quality Reporting Requirements 3060-AH72 430 Access Charge Reform and Universal Service Reform 3060-AH74 431 Numbering Resource Optimization 3060-AH80 432 National Exchange Carrier Association Petition 3060-AI47 433 IP-Enabled Services 3060-AI48 434 Consumer Protection in the Broadband Era 3060-AI73 435 Establishing Just and Reasonable Rates for Local Exchange Carriers (WC Docket No. 07-135) 3060-AJ02 436 Jurisdictional Separations 3060-AJ06 437 Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering (WC Docket Nos. 08-190, 07-139, 07-204, 07-273, 07-21) 3060-AJ14 438 Form 477; Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced Services to All Americans 3060-AJ15 439 Preserving the Open Internet; Broadband Industry Practices 3060-AJ30 440 Local Number Portability Porting Interval and Validation Requirements (WC Docket No 07-244) 3060-AJ32 441 Electronic Tariff Filing System (ETFS); WC Docket No. 10-141 3060-AJ41 Wireline Competition Bureau—Completed Actions Sequence No. Title Regulation Identifier No. 442 Implementation of NET 911 Improvement Act 3060-AJ09 443 Petition To Establish Procedural Requirements To Govern Proceedings for Forbearance Under Section 10 of the Communications Act of 1934, as Amended (WC Docket No.07-267) 3060-AJ31 FEDERAL COMMUNICATIONS COMMISSION (FCC) Consumer and Governmental Affairs Bureau Long-Term Actions 331. 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) Legal Authority: 47 U.S.C. 228 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. Agency Contact: Colleen Heitkamp, Chief, Consumer Policy Div., Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-0974, E-mail: colleen.heitkamp@fcc.gov . RIN: 3060-AG42 332. Implementation of the Subscriber Selection Changes Provision of the Telecommunications Act of 1996 (CC Docket No. 94-129) Legal Authority: 47 U.S.C. 154; 47 U.S.C. 201; 47 U.S.C. 258 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 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 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 May 2001, the Commission adopted streamlined procedures for the carrier-to-carrier sale or transfer of customer bases. 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. On January 4, 2008, the Commission released an Order that confirmed that a LEC that is executing a carrier change on behalf of another carrier may not re-verify whether the person listed on the change order is actually authorized to do so. On January 9, 2008, the Commission released a Fourth Report and Order that modified the slamming rules regarding the content of independent third party verifications of a consumer's intent to switch carriers. 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 R&O and Second FNPRM 02/16/99 64 FR 7745 First Order on Recon 04/13/00 65 FR 47678 Third R&O 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 R&O and Fourth R&O 06/06/01 66 FR 30334 Second FNPRM 03/17/03 68 FR 19176 Third Order on Recon 03/17/03 68 FR 19152 Second FNPRM Comment Period End 06/17/03 First Order on Recon & Fourth Order on Recon 03/15/05 70 FR 12605 Fifth Order on Recon 03/23/05 70 FR 14567 Order 02/04/08 73 FR 6444 Fourth R&O 03/12/08 73 FR 13144 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nancy Stevenson, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-7039, Fax: 202 418-0236, E-mail: nancy.stevenson@fcc.gov. RIN: 3060-AG46 333. Implementation of the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommunications Equipment, and Customer Premises Equipment by Persons With Disabilities Legal Authority: 47 U.S.C. 255; 47 U.S.C. 251(a)(2) Abstract: These proceedings 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 R&O 08/14/96 61 FR 42181 NOI 09/26/96 61 FR 50465 NPRM 05/22/98 63 FR 28456 R&O 11/19/99 64 FR 63235 Further NOI 11/19/99 64 FR 63277 Public Notice 01/07/02 67 FR 678 R&O 08/06/07 72 FR 43546 NPRM 11/21/07 72 FR 65494 R&O 05/07/08 73 FR 25566 R&O 06/12/08 73 FR 33324 Public Notice 08/01/08 73 FR 45008 Policy Statement and 2nd R&O 09/08/10 75 FR 54508 FNPRM 09/08/10 75 FR 54564 Final Rule Announcement of Effective Date 12/14/10 75 FR 77781 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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: 202 418-0416, Fax: 202 418-0037, E-mail: cheryl.king@fcc.gov. RIN: 3060-AG58 334. Telecommunications Relay Services, the Americans With Disabilities Act of 1990, and the Telecommunications Act of 1996 (CC Docket No. 90-571) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225 Abstract: This item addresses the requirement that telecommunications relay services be capable of handling any type of call normally provided by common carriers. 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 Second NPRM 04/05/01 66 FR 18059 Fifth R&O 02/07/03 68 FR 6352 Fifth R&O (Correction) 02/24/03 68 FR 8553 Public Notice 08/27/04 69 FR 52694 Petitions for Recon of Fifth R&O Denied 09/01/04 69 FR 53346 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Karen Peltz Strauss, Deputy Chief, Consumer and Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2388, E-mail: karen.strauss@fcc.gov. RIN: 3060-AG75 335. Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket No. 02-278) Legal Authority: 47 U.S.C. 227 Abstract: 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 September 21, 2004, the Commission released an Order amending 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 3 months. On April 5, 2006, the Commission adopted a Report and Order and Third Order on Reconsideration amending its facsimile advertising rules to implement the Junk Fax Protection Act of 2005. On October 14, 2008, the Commission released an Order on Reconsideration addressing certain issues raised in petitions for reconsideration and/or clarification of the Report and Order and Third Order on Reconsideration. On January 4, 2008, the Commission released a Declaratory Ruling, clarifying that autodialed and prerecorded message calls to wireless numbers that are provided by the called party to a creditor in connection with an existing debt are permissible as calls made with the “prior express consent” of the called party. Following a December 4, 2007 NPRM, on June 17, 2008, the Commission released a Report and Order amending its rules to require sellers and/or telemarketers to honor registrations with the National Do-Not-Call Registry indefinitely, unless the registration is cancelled by the consumer or the number is removed by the database administrator. On January 22, 2010, the Commission released an NPRM proposing to require sellers and telemarketers to obtain express written consent from recipients before making prerecorded telemarketing calls, commonly known as “robocalls,” even when the caller has an established business relationship with the consumer. The proposals also, among other things, would require that prerecorded telemarketing calls include an automated, interactive mechanism by which a consumer may “opt out” of receiving future prerecorded messages from a seller or telemarketer. Timetable: Action Date FR Cite NPRM 10/08/02 67 FR 62667 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 NPRM 12/19/05 70 FR 75102 Public Notice 04/26/06 71 FR 24634 Order 05/03/06 71 FR 25967 NPRM 12/14/07 72 FR 71099 Declaratory Ruling 02/01/08 73 FR 6041 R&O 07/14/08 73 FR 40183 Order on Recon 10/30/08 73 FR 64556 NPRM 03/22/10 75 FR 13471 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kurt Schroeder, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 632-0966, E-mail: kurt.schroeder@fcc.gov. RIN: 3060-AI14 336. Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay Service) (CG Docket No. 03-123) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 225 Abstract: This proceeding established a new docket flowing from the previous telecommunications relay service (TRS) history, CC Docket No. 98-67. This proceeding continues the Commission's inquiry into improving the quality of TRS and furthering the goal of functional equivalency, consistent with Congress' mandate that TRS regulations encourage the use of existing technology and not discourage or impair the development of new technology. In this docket, the Commission explores 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 R&O, Order on Recon 09/01/04 69 FR 53346 FNPRM 09/01/04 69 FR 53382 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 Order 03/23/05 70 FR 14568 Public Notice/Announcement of Date 04/06/05 70 FR 17334 Order 07/01/05 70 FR 38134 Order on Recon 08/31/05 70 FR 51643 R&O 08/31/05 70 FR 51649 Order 09/14/05 70 FR 54294 Order 09/14/05 70 FR 54298 Public Notice 10/12/05 70 FR 59346 R&O/Order on Recon 12/23/05 70 FR 76208 Order 12/28/05 70 FR 76712 Order 12/29/05 70 FR 77052 NPRM 02/01/06 71 FR 5221 Declaratory Ruling/Clarification 05/31/06 71 FR 30818 FNPRM 05/31/06 71 FR 30848 FNPRM 06/01/06 71 FR 31131 Declaratory Ruling/Dismissal of Petition 06/21/06 71 FR 35553 Clarification 06/28/06 71 FR 36690 Declaratory Ruling on Recon 07/06/06 71 FR 38268 Order on Recon 08/16/06 71 FR 47141 MO&O 08/16/06 71 FR 47145 Clarification 08/23/06 71 FR 49380 FNPRM 09/13/06 71 FR 54009 Final Rule; Clarification 02/14/07 72 FR 6960 Order 03/14/07 72 FR 11789 R&O 08/06/07 72 FR 43546 Public Notice 08/16/07 72 FR 46060 Order 11/01/07 72 FR 61813 Public Notice 01/04/08 73 FR 863 R&O/Declaratory Ruling 01/17/08 73 FR 3197 Order 02/19/08 73 FR 9031 Order 04/21/08 73 FR 21347 R&O 04/21/08 73 FR 21252 Order 04/23/08 73 FR 21843 Public Notice 04/30/08 73 FR 23361 Order 05/15/08 73 FR 28057 Declaratory Ruling 07/08/08 73 FR 38928 FNPRM 07/18/08 73 FR 41307 R&O 07/18/08 73 FR 41286 Public Notice 08/01/08 73 FR 45006 Public Notice 08/05/08 73 FR 45354 Public Notice 10/10/08 73 FR 60172 Order 10/23/08 73 FR 63078 2nd R&O and Order on Recon 12/30/08 73 FR 79683 Order 05/06/09 74 FR 20892 Public Notice 05/07/09 74 FR 21364 NPRM 05/21/09 74 FR 23815 Public Notice 05/21/09 74 FR 23859 Public Notice 06/12/09 74 FR 28046 Order 07/29/09 74 FR 37624 Public Notice 08/07/09 74 FR 39699 Order 09/18/09 74 FR 47894 Order 10/26/09 74 FR 54913 Public Notice 05/12/10 75 FR 26701 Order Denying Stay Motion (Release Date) 07/09/10 Order 08/13/10 75 FR 49491 Order 09/03/10 75 FR 54040 NPRM 11/02/10 75 FR 67333 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Karen Peltz Strauss, Deputy Chief, Consumer and Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-2388, E-mail: karen.strauss@fcc.gov. RIN: 3060-AI15 337. Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CG Docket No. 04-53) Legal Authority: 15 U.S.C. 7706; 15 U.S.C. 7712; Pub. L. 108-187 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 Order 06/15/05 70 FR 34665 Order on Recon (Release Date) 03/22/07 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Kurt Schroeder, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 632-0966, E-mail: kurt.schroeder@fcc.gov . RIN: 3060-AI20 338. Rules and Regulations Implementing Minimum Customer Account Record Exchange (CARE) Obligations on All Local and Interexchange Carriers (CG Docket No. 02-386) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 201 and 202; 47 U.S.C. 303(r) 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 (NPRM) 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 (FNPRM), the Commission sought comment on the need for rules governing the exchange of customer account information between local telephone service providers. On April 15, 2005, and June 15, 2005, a coalition of local and long distance carriers proposed minor modifications and clarifications to section 64.4002 of the Commission's CARE rules. On August 29, 2005, the Commission released a public notice requesting comment on the coalition's proposed clarifications and modifications. Notice of the proposed changes was published in the Federal Register on September 7, 2005 (70 FR 53137). The comment cycle established by the August 29 public notice closed October 3, 2005. On September 13, 2006, the Commission released an Order on Reconsideration adopting the clarifications and technical corrections to the Report and Order, as proposed by the coalition of carriers. On December 21, 2007, the Commission released a Report and Order declining to adopt mandatory data exchange requirements between local exchange carriers. Timetable: Action Date FR Cite NPRM 04/19/04 69 FR 20845 NPRM Comment Period End 06/18/04 R&O and FNPRM 06/02/05 70 FR 32258 FNPRM Comment Period End 08/01/05 Public Notice 08/29/05 70 FR 53137 Public Notice Comment Period End 10/03/05 Order on Recon 12/13/06 71 FR 74819 R&O 01/08/08 73 FR 1297 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nancy Stevenson, Deputy Chief, Consumer Policy Div., Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-7039, Fax: 202 418-0236, E-mail: nancy.stevenson@fcc.gov . RIN: 3060-AI58 339. Consumer Information and Disclosure and Truth in Billing and Billing Format Legal Authority: 47 U.S.C. 201; 47 U.S.C. 258 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 Order and FNPRM to further facilitate the ability of telephone consumers to make informed choices among competitive service offerings. On August 28, 2009, the Commission released a Notice of Inquiry which asks questions about information available to consumers at all stages of the purchasing process for all communications services, including (1) choosing a provider; (2) choosing a service plan; (3) managing use of the service plan; and (4) deciding whether and when to switch an existing provider or plan. On December 14, 2010, the Commission released a Notice of Proposed Rulemaking proposing rules that would require mobile service providers to provide usage alerts and information that will assist consumers in avoiding unexpected charges on their bills. Timetable: Action Date FR Cite FNPRM 05/25/05 70 FR 30044 R&O 05/25/05 70 FR 29979 NOI 08/28/09 Public Notice 05/20/10 75 FR 28249 Public Notice 06/11/10 75 FR 33303 NPRM 11/26/10 75 FR 72773 NPRM Comment Period End 12/27/10 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: richard.smith@fcc.gov . RIN: 3060-AI61 340. Closed Captioning of Video Programming (Section 610 Review) Legal Authority: 47 U.S.C. 613 Abstract: The Commission's closed captioning rules are designed to make video programming more accessible to deaf and hard of hearing Americans. This proceeding resolves some issues regarding the Commission's closed captioning rules that were raised for comment in 2005, and also seeks comment on how a certain exemption from the closed captioning rules should be applied to digital multicast broadcast channels. Timetable: Action Date FR Cite NPRM 02/03/97 62 FR 4959 R&O 09/16/97 62 FR 48487 Order on Recon 10/28/98 63 FR 55959 NPRM 09/26/05 70 FR 56150 Order and Declaratory Ruling 01/13/09 74 FR 1594 NPRM 01/13/09 74 FR 1654 Final Rule Announcement of Effective Date 02/19/10 75 FR 7370 Order 02/19/10 75 FR 7368 Order Suspending Effective Date 02/19/10 75 FR 7369 Final Rule Correction 09/11/09 74 FR 46703 Waiver Order 10/04/10 75 FR 61101 Public Notice 11/17/10 75 FR 70168 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Eliot Greenwald, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-2235, E-mail: eliot.greenwald@fcc.gov . RIN: 3060-AI72 341. Accessibility of Programming Providing Emergency Information Legal Authority: 47 U.S.C. 613 Abstract: In this proceeding, the Commission adopted rules detailing how video programming distributors must make emergency information accessible to persons with hearing and visual disabilities. Timetable: Action Date FR Cite FNPRM 01/21/98 63 FR 3070 NPRM 12/01/99 64 FR 67236 NPRM Correction 12/22/99 64 FR 71712 Second R&O 05/09/00 65 FR 26757 R&O 09/11/00 65 FR 54805 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Eliot Greenwald, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-2235, E-mail: eliot.greenwald@fcc.gov . RIN: 3060-AI75 342. • Empowering Consumers to Avoid Bill Shock, Consumer Information and Disclosure; CG Docket No. 10-207, CG Docket No. 09-158 Legal Authority: 47 U.S.C. 201; 47 U.S.C. 303; 47 U.S.C. 332 Abstract: On October 14, 2010, the Commission released a Notice of Proposed Rulemaking which proposes rule that would require mobile service providers to provide usage alerts and information that will assist consumers in avoiding unexpected charges on their bills. Timetable: Action Date FR Cite Public Notice 05/20/10 75 FR 28249 NPRM 11/26/10 75 FR 72773 NPRM Comment Period End 12/27/10 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: richard.smith@fcc.gov . RIN: 3060-AJ51 FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of Engineering and Technology Long-Term Actions 343. New Advanced Wireless Services (ET Docket No. 00-258) Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303(c); 47 U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. 303(r) 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 Rulemaking 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 and 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. The 8th Report and Order reallocated the 2155-2160 MHz band for Fixed and Mobile services and designates the 2155-2175 MHz band for Advanced Wireless Service (AWS) use. This proceeding continues the Commission's ongoing efforts to promote spectrum utilization and efficiency with regard to the provision of new services, including Advanced Wireless Services. The Order requires Broadband Radio Service (BRS) licensees in the 2150-2160/62 MHz band to provide information on the construction status and operational parameters of each incumbent BRS system that would be the subject of relocation. The Notice of Proposed Rule Making requested comments on the specific relocation procedures applicable to Broadband Radio Service (BRS) operations in the 2150-2160/62 MHz band, which the Commission recently decided will be relocated to the newly restructured 2495-2690 MHz band. The Commission also requested comments on the specific relocation procedures applicable to Fixed Microwave Service (FS) operations in the 2160-2175 MHz band. The Office of Engineering and Technology (OET) and the Wireless Telecommunications Bureau (WTB) set forth the specific data that Broadband Radio Service (BRS) licensees in the 2150-2160/62 MHz band must file along with the deadline date and procedures for filing this data on the Commission's Universal Licensing System (ULS). The data will assist in determining future AWS licensee's relocation obligations. The 9th Report and Order established procedures for the relocation of Broadband Radio Service (BRS) operations from the 2150-2160/62 MHz band, as well as for the relocation of Fixed Microwave Service (FS) operations from the 2160-2175 MHz band, and modified existing relocation procedures for the 2110-2150 MHz and 2175-2180 MHz bands. It also established cost-sharing rules to identify the reimbursement obligations for Advanced Wireless Service (AWS) and Mobile Satellite Service (MSS) entrants benefiting from the relocation of incumbent FS operations in the 2110-2150 MHz and 2160-2200 MHz bands and AWS entrants benefiting from the relocation of BRS incumbents in the 2150-2160/62 MHz band. The Commission continues its ongoing efforts to promote spectrum utilization and efficiency with regard to the provision of new services, including AWS. The Order dismisses a petition for reconsideration filed by the Wireless Communications Association International, Inc. (WCA) as moot. Two petitions for Reconsideration were filed in response to the 9th Report and Order. 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 Recon 11/02/01 66 FR 55666 Second R&O 01/24/03 68 FR 3455 Third NPRM 03/13/03 68 FR 12015 Seventh R&O 12/29/04 69 FR 7793 Petition for Recon 04/13/05 70 FR 19469 Eighth R&O 10/26/05 70 FR 61742 Order 10/26/05 70 FR 61742 NPRM 10/26/05 70 FR 61752 Public Notice 12/14/05 70 FR 74011 Ninth R&O and Order 05/24/06 71 FR 29818 Petition for Recon 07/19/06 71 FR 41022 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: rodney.small@fcc.gov . RIN: 3060-AH65 344. Exposure to Radiofrequency Electromagnetic Fields Legal Authority: 47 U.S.C. 151; 47 U.S.C. 302 and 303; 47 U.S.C. 309(j); 47 U.S.C. 336 Abstract: The Notice of Proposed Rulemaking (NPRM) 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 NPRM Comment Period End 12/08/03 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ira Keltz, Electronics Engineer, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-0616, Fax: 202 418-1944, E-mail: ikeltz@fcc.gov . RIN: 3060-AI17 345. Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04-186) Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 302; 47 U.S.C. 303(e) and 303(f); 47 U.S.C. 303(r); 47 U.S.C. 307 Abstract: The Commission adopted rules to allow unlicensed radio transmitters to operate in the broadcast television spectrum at locations where that spectrum is not being used by licensed services (this unused TV spectrum is often termed “white spaces”). This action will make a significant amount of spectrum available for new and innovative products and services, including broadband data and other services for businesses and consumers. The actions taken are a conservative first step that includes many safeguards to prevent harmful interference to incumbent communications services. Moreover, the Commission will closely oversee the development and introduction of these devices to the market and will take whatever actions may be necessary to avoid, and if necessary correct, any interference that may occur. The Second Memorandum Opinion and Order finalizes rules to make the unused spectrum in the TV bands available for unlicensed broadband wireless devices. This particular spectrum has excellent propagation characteristics that allow signals to reach farther and penetrate walls and other structures. Access to this spectrum could enable more powerful public Internet connections—super Wi-Fi hot spots—with extended range, fewer dead spots, and improved individual speeds as a result of reduced congestion on existing networks. This type of “opportunistic use” of spectrum has great potential for enabling access to other spectrum bands and improving spectrum efficiency. The Commission's actions here are expected to spur investment and innovation in applications and devices that will be used not only in the TV band but eventually in other frequency bands as well. Timetable: Action Date FR Cite NPRM 06/18/04 69 FR 34103 First R&O 11/17/06 71 FR 66876 FNPRM 11/17/06 71 FR 66897 R&O and MO&O 02/17/09 74 FR 7314 Petitions for Reconsideration 04/13/09 74 FR 16870 Second MO&O 12/06/10 75 FR 75814 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: hugh.vantuyl@fcc.gov . RIN: 3060-AI52 346. Unlicensed Devices and Equipment Approval (ET Docket No. 03-201) Legal Authority: 47 U.S.C. 154; 47 U.S.C. 302(a); 47 U.S.C. 303; 47 U.S.C. 306 Abstract: The Notice of Proposed Rulemaking (NPRM) 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 in part 15 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. The Commission received one petition for reconsideration in this proceeding. The Second Report and Order amended the Commission's rules to provide for more efficient equipment authorization of both existing modular transmitter devices and emerging partitioned (or “split”) modular transmitter devices. These rule changes will benefit manufacturers by allowing greater flexibility in certifying equipment and providing relief from the need to obtain a new equipment authorization each time the same transmitter is installed in a different final product. The rule changes will also enable manufacturers to develop more flexible and more advanced unlicensed transmitter technologies. The Commission further found that modular transmitter devices authorized in accordance with the revised equipment authorization procedures will not pose any increased risk of interference to other radio operations. The Further NPRM, seeks comment on whether there is a need to require unlicensed transmitters operating in the 915 MHz band under sections 15.247 and 15.249 of the rules to comply with a spectrum etiquette requirement, and the impact that requiring an etiquette would have on the development and operation of unlicensed 915 MHz devices operating under those rule sections. The Commission also seeks comment on the particular etiquette suggested by Cellnet that would require digitally modulated spread spectrum transmitters operating in the 915 MHz band under section 15.247 of the rules to operate at less than the 1-watt maximum power if they are continuously silent less than 90 percent of the time within a 0.4 second interval. This etiquette would require that the maximum permitted power level decrease in accordance with a specified formula as the silent interval between transmission decreases. The Commission further seeks comment on alternatives to the etiquette suggested by Cellnet. The Memorandum Opinion and Order dismissed two petitions for reconsideration of the rules adopted in the Report and Order, 69 FR 54027, September 7, 2004, in this proceeding. It dismissed a petition for reconsideration filed by Warren C. Havens and Telesaurus Holdings GB LLC (Havens) requesting that the Commission suspend the rule changes adopted for unlicensed devices in the 902-928 MHz (915 MHz) band until such time as it completes a formal inquiry with regard to the potential effect of such changes to Location and Monitoring Service (LMS) licensees in the band. The Commission also dismissed a petition for reconsideration filed by Cellnet Technology (Cellnet) requesting that the Commission adopt spectrum sharing requirements in the unlicensed bands, for example, a “spectrum etiquette,” particularly in the 915 MHz band. Timetable: Action Date FR Cite NPRM 09/17/03 68 FR 68823 NPRM Comment Period End 01/09/04 R&O 09/07/04 69 FR 54027 Petition for Recon 11/19/04 69 FR 67736 Petition for Recon 02/15/05 70 FR 7737 Second R&O 05/23/07 72 FR 28889 FNPRM 08/01/07 72 FR 42011 FNPRM Comment Period End 10/15/07 MO&O 08/01/07 72 FR 41937 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: hugh.vantuyl@fcc.gov . RIN: 3060-AI54 347. Fixed and Mobile Services in the Mobile Satellite Service (ET Docket No. 10-142) Legal Authority: 47 U.S.C. 154(i) and 301; 47 U.S.C. 303(c) and 303(f); 47 U.S.C. 303(r) and 303(y); 47 U.S.C. 310 Abstract: The Notice of Proposed Rule Making proposes to take a number of actions to further the provision of terrestrial broadband services in the MSS bands. In the 2 GHz MSS band, the Commission proposes to add co-primary Fixed and Mobile allocations to the existing Mobile-Satellite allocation. This will lay the groundwork for providing additional flexibility in use of the 2 GHz spectrum in the future. The Commission also proposes to apply the terrestrial secondary market spectrum leasing rules and procedures to transactions involving terrestrial use of the MSS spectrum in the 2 GHz, Big LEO, and L-bands in order to create greater certainty and regulatory parity with bands licensed for terrestrial broadband service. The Commission also asks, in a Notice of Inquiry, about approaches for creating opportunities for full use of the 2 GHz band for stand-alone terrestrial uses. The Commission requests comment on ways to promote innovation and investment throughout the MSS bands while also ensuring market-wide mobile satellite capability to serve important needs like disaster recovery and rural access. Timetable: Action Date FR Cite NPRM 08/16/10 75 FR 49871 NPRM Comment Period End 09/15/10 Reply Comment Period End 09/30/10 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Nicholas Oros, Electronics Engineer, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-0636, E-mail: nicholas.oros@fcc.gov . RIN: 3060-AJ46 348. • Innovation in the Broadcast Television Bands; ET Docket No. 10-235 Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 301; 47 U.S.C. 302; 47 U.S.C. 303(e); 47 U.S.C. 303(f); 47 U.S.C. 303(r) Abstract: The Commission initiated this proceeding to further its ongoing commitment to addressing America's growing demand for wireless broadband services, spur ongoing innovation and investment in mobile and ensure that America keeps pace with the global wireless revolution, by making a significant amount of new spectrum available for broadband. The approach proposed is consistent with the goal set forth in the National Broadband Plan (the Plan) to repropose up to 120 megahertz from the broadcast television bands for new wireless broadband uses through, in part, voluntary contributions of spectrum to an incentive auction. Reallocation of this spectrum as proposed will provide the necessary flexibility for meeting the requirements of these new applications. Timetable: Action Date FR Cite NPRM 02/01/11 76 FR 5521 NPRM Comment Period End 03/18/11 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alan Stillwell, Deputy Chief, OET, Federal Communications Commission, Office of Engineering and Technology, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-2925, E-mail: alan.stillwell@fcc.gov . RIN: 3060-AJ57 349. • Radio Experimentation and Market Trials Under Part 5 of the Commission's Rules and Streamlining Other Related Rules; ET Docket No. 10-236 Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 301 and 303 Abstract: The Commission initiated this proceeding to promote innovation and efficiency in spectrum use in the Experimental Radio Service (ERS). For many years, the ERS has provided fertile ground for testing innovative ideas that have led to new services and new devices for all sectors of the economy. The Commission proposes to leverage the power of experimental radio licensing to accelerate the rate at which these ideas transform from prototypes to consumer devices and services. Its goal is to inspire researchers to dream, discover and deliver the innovations that push the boundaries of the broadband ecosystem. The resulting advancements in devices and services available to the American public and greater spectrum efficiency over the long term will promote economic growth, global competitiveness, and a better way of life for all America Timetable: Action Date FR Cite NPRM 02/08/11 76 FR 6928 NPRM Comment Period End 03/10/11 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: James Burtle, Chief, Experimental Licensing Branch, Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, Phone: 202 418-2445, E-mail: james.burtle@fcc.gov . RIN: 3060-AJ62 FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of Engineering and Technology Completed Actions 350. Revision of the Rules Regarding Ultra-Wideband Transmission Legal Authority: 47 U.S.C. 154; 47 U.S.C. 302 to 304; 47 U.S.C. 307; 47 U.S.C. 544A 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 Rulemaking 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 not operate as UWB devices and proposed to eliminate the definition of a UWB device. The Second Report and Order and Second Memorandum Opinion and Order responds to two petitions for reconsideration that were filed in response to the Commission's decision to establish regulations for unlicensed UWB operation. It also responds to the rulemaking proposals contained in the Memorandum Opinion and Order and Further Notice of Proposed Rulemaking 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. The Third Memorandum Opinion and Order and Memorandum Opinion and Order reaffirmed certain rules and procedures for ultra-wideband (“UWB”) devices that operate on an unlicensed basis of the Commission's rules. This action terminates the Ultra-Wideband Transmission Systems proceeding and thus provides certainty for the continued development of UWB equipment, including ground penetrating radars for underground imaging, through wall imaging systems, short-range high capacity data links, and other applications. This action terminates this proceeding. Timetable: Action Date FR Cite NPRM 06/14/00 65 FR 37332 NPRM Comment Period End 10/12/00 First R&O 05/16/02 67 FR 34852 MO&O 04/22/03 68 FR 19746 FNPRM 04/22/03 68 FR 19773 Second R&O and Second MO&O 02/09/05 70 FR 6771 Third MO&O and MO&O 10/12/10 75 FR 62477 Regulatory Flexibility Analysis Required: Yes. 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, E-mail: jreed@fcc.gov . RIN: 3060-AH47 FEDERAL COMMUNICATIONS COMMISSION (FCC) International Bureau Long-Term Actions 351. 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) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 151(i); 47 U.S.C. 154(j); 47 U.S.C. 157; 47 U.S.C. 309(j) Abstract: In 1997, the Commission adopted service rules for the satellite digital audio radio service (SDARS) in the 2320-2345 MHz frequency band and sought further comment on proposed rules governing the use of complementary SDARS terrestrial repeaters. The Commission released a second further notice of proposed rulemaking in January 2008, to consider new proposals for rules to govern terrestrial repeaters operations. The Commission released a Second Report and Order on May 20, 2010, which adopted rules governing the operation of SDARS terrestrial repeaters, including establishing a blanket licensing regime for repeaters operating up to 12 kilowatts average equivalent isotropically radiated power. 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 Second FNPRM 01/15/08 73 FR 2437 FNPRM Comment Period End 03/17/08 2nd R&O 05/20/10 75 FR 45058 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jay Whaley, Attorney, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-7184, Fax: 202 418-0748, E-mail: jwhaley@fcc.gov . RIN: 3060-AF93 352. Allocation and Designation of Spectrum in the 36.0-43.5 GHz Band Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 301 and 302; 47 U.S.C. 303(e) to 303(g); 47 U.S.C. 303(r); 47 U.S.C. 304; 47 U.S.C. 307 Abstract: This item adopts a plan for nongovernment 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 R&O 01/15/99 64 FR 2585 Correction 02/08/99 64 FR 6138 Correction 02/10/99 64 FR 6565 Notice of Petition for Recon 03/22/99 64 FR 13796 Order on Recon 12/01/99 FNPRM 07/05/01 66 FR 35399 Second R&O 08/25/04 69 FR 52198 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Sean O'More, Attorney Advisor, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2453, E-mail: sean.omore@fcc.gov . RIN: 3060-AH23 353. Space Station Licensing Reform (IB Docket No. 02-34) Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157; 47 U.S.C. 303(c); 47 U.S.C. 303(g); et seq. Abstract: The Commission adopted a Notice of Proposed Rulemaking (NPRM) to streamline its procedures for reviewing satellite license applications. Before 2003, the Commission used processing rounds to review those applications. In a processing round, when an application was filed, the International Bureau (Bureau) issued a public notice establishing a cut-off date for other mutually exclusive satellite applications, and then considered all those applications together. In cases where sufficient spectrum to accommodate all the applications was not available, the Bureau directed the applicants to negotiate a mutually agreeable solution. Those negotiations took a long time, and delayed provision of satellite services to the public. The NPRM invited comment on two alternatives for expediting the satellite application process. One alternative was 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 was to streamline the processing round procedure by adopting one or more of the following proposals: (1) Place a time limit on negotiations; (2) establish criteria to select among competing applicants; (3) divide 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, 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, 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 Second R&O (Release Date) 06/20/03 68 FR 62247 Second FNPRM (Release Date) 07/08/03 68 FR 53702 Third 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 Fourth R&O (Release Date) 04/16/04 69 FR 67790 Fifth R&O, First Order on Recon (Release Date) 07/06/04 69 FR 51586 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Fern Jarmulnek, Associate Chief, Satellite and Radio Communication Division, Federal Communications Commission, International Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-0751, Fax: 202 418-0748, E-mail: fjarmuln@fcc.gov. RIN: 3060-AH98 354. Mitigation of Orbital Debris (IB Docket No. 02-54) Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. 303(c); 47 U.S.C. 303(f) and 303(g); 47 U.S.C. 303(r) 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 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 Second R&O 09/09/04 69 FR 54581 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: stephen.duall@fcc.gov. RIN: 3060-AI06 355. Amendment of the Commission's Rules (IB Docket No. 04-47) Legal Authority: 47 U.S.C. 34 to 39; 47 U.S.C. 151; 47 U.S.C. 161; 47 U.S.C. 201 to 205; et seq. Abstract: The FCC amended several rules in the Report and Order. Specifically, the FCC (1) amended the procedures for discontinuing an international service; (2) allowed U.S. carriers to resell the U.S.-inbound service of foreign carriers; and, (3) amended the submarine cable landing licensing procedures to comply with the Coastal Zone Management Act of 1972 (CZMA). The North American Submarine Cable Association filed a petition for reconsideration regarding the amendment to the submarine cable landing licensing rules. In the Order on Reconsideration, the FCC reaffirmed that the CZMA applies to its submarine cable landing licensing and clarified the rules to ensure the rules comply with the CZMA review procedures established by the National Oceanic and Atmospheric Administration, U.S. Department of Commerce. Timetable: Action Date FR Cite NPRM 03/22/04 69 FR 13276 NPRM Comment Period End 06/07/04 R&O 09/25/07 72 FR 54363 Petition for Recon 01/02/08 73 FR 187 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. 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, E-mail: david.krech@fcc.gov. RIN: 3060-AI41 356. Reporting Requirements for U.S. Providers of International Telecommunications Services (IB Docket No. 04-112) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 161; 47 U.S.C. 201 to 205; et seq. 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 47 CFR 43.82 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. 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, E-mail: david.krech@fcc.gov. RIN: 3060-AI42 357. 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) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 302(a); 47 U.S.C. 303(e); et seq. Abstract: This docket involves the spectrum sharing plan for the low earth orbit satellite systems in the 1.6 GHz and 2.4 GHz bands (Big LEOs). In November 2007, the Commission resolved the 1.6 GHz spectrum sharing plan between Globalstar Inc. and Iridium Satellite LLC, whereby Globalstar will have exclusive MSS use of 7.775 megahertz of spectrum at 1610-1617.775 MHz, Iridium will have exclusive MSS use of 7.775 megahertz of spectrum at 1618.725-1626.5 MHz, and the two Big LEO operators will share 0.95 megahertz of spectrum at 1617.775-1618.725 MHz. Separately, in April 2006, the Commission affirmed the spectrum sharing plan between Globalstar and the fixed and mobile (except aeronautical mobile) services in the 2495-2500 MHz band in order to accommodate the relocation of Broadband Radio Service Channel 1 to the 2496-2502 MHz band. (Iridium does not operate in the 2.4 GHz band.) Timetable: Action Date FR Cite NPRM 01/29/03 68 FR 33666 R&O 08/09/04 69 FR 48157 FNPRM 08/09/04 69 FR 48192 Petitions for Recon 10/12/04 69 FR 60626 First Order on Recon 06/19/06 71 FR 35178 Petitions for Further Recon 07/27/06 71 FR 44029 Second Order on Recon and Second R&O 12/13/07 72 FR 70807 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Howard Griboff, Deputy Chief, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-0657, Fax: 202 418-1414, E-mail: howard.griboff@fcc.gov. RIN: 3060-AI44 358. Amendment of the Commission's Rules To Allocate Spectrum and Adopt Service Rules and Procedures To Govern the Use of Vehicle-Mounted Earth Stations (IB Docket No. 07-101) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and (j); 47 U.S.C. 157(a); 47 U.S.C. 301; 47 U.S.C. 303(c); 47 U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. 303(r); 47 U.S.C. 303(y); 47 U.S.C. 308 Abstract: The Commission seeks comment on the proposed amendment of parts 2 and 25 of the Commission's rules to allocate spectrum for use with Vehicle-Mounted Earth Stations (VMES) in the Fixed-Satellite Service in the Ku-band uplink at 14.0-14.5 GHz and Ku-band downlink at 11.72-12.2 GHz on a primary basis, and in the extended Ku-band downlink at 10.95-11.2 GHz and 11.45-11.7 GHz on a non-protected basis, and to adopt Ku-band VMES licensing and service rules modeled on the FCC's rules for Ku-band Earth Stations on Vessels (ESVs). The record in this proceeding will provide a basis for Commission action to facilitate introduction of this proposed service. Timetable: Action Date FR Cite NPRM 07/08/07 72 FR 39357 NPRM Comment Period End 09/04/07 R&O 11/04/09 74 FR 57092 Petition for Reconsideration 04/14/10 75 FR 19401 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Howard Griboff, Deputy Chief, Federal Communications Commission, International Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-0657, Fax: 202 418-1414, E-mail: howard.griboff@fcc.gov. RIN: 3060-AI90 FEDERAL COMMUNICATIONS COMMISSION (FCC) International Bureau Completed Actions 359. Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures (IB Docket No. 95-117) Legal Authority: 47 U.S.C. 4; 47 U.S.C. 154; 47 U.S.C. 303; 47 U.S.C. 554; 47 U.S.C. 701 to 744 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 of 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. The Commission addressed the issues in the Petitions for Reconsideration in an Order released on October 10, 2008. The docket in this proceeding is now closed. 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 Order on Reconsideration 11/29/08 73 FR 70897 Regulatory Flexibility Analysis Required: Yes. 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, E-mail: steven.spaeth@fcc.gov. RIN: 3060-AD70 360. Streamlining Earth Station Licensing Rules (IB Docket No. 00-248) Legal Authority: 47 U.S.C. 701 to 744 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 Notice of Proposed Rulemaking (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. One petition for reconsideration was filed in response to this Order on July 5, 2005. 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. Two petitions for reconsideration were filed in response to this Order on July 8, 2005. In the Third Further Notice of Proposed Rulemaking, the Commission invited comment on adopting off-axis EIRP 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. In the Eighth Report and Order in this proceeding, the Commission adopted the proposals in the Third FNPRM, in large part. This proceeding is now closed. Timetable: Action Date FR Cite NPRM 01/08/01 66 FR 1283 First R&O 03/19/02 67 FR 12485 FNPRM 12/24/02 67 FR 78399 Second R&O (Release Date) 06/20/03 68 FR 2247 Second FNPRM 09/12/03 68 FR 53702 Third R&O 11/12/03 68 FR 63994 Fourth R&O 08/06/04 69 FR 47790 Fifth R&O 06/02/05 70 FR 32249 Sixth R&O 06/08/05 70 FR 33373 Third FNPRM 06/08/05 70 FR 33426 Seventh R&O 09/28/05 70 FR 56580 Public Notice/Petition for Recon 10/26/05 70 FR 61825 Eighth R&O 11/24/08 73 FR 70897 Regulatory Flexibility Analysis Required: Yes. 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, E-mail: steven.spaeth@fcc.gov. RIN: 3060-AH60 FEDERAL COMMUNICATIONS COMMISSION (FCC) Media Bureau Long-Term Actions 361. CABLE TELEVISION RATE REGULATION Legal Authority: 47 U.S.C. 154; 47 U.S.C. 543 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 Fourteenth 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 Third R&O 11/30/93 58 FR 63087 Order on Recon, Fourth R&O, and Fifth NPRM 04/15/94 59 FR 17943 Third Order on Recon 04/15/94 59 FR 17961 Fifth Order on Recon and FNPRM 10/13/94 59 FR 51869 Fourth Order on Recon 10/21/94 59 FR 53113 Sixth Order on Recon, Fifth R&O, and Seventh NPRM 12/06/94 59 FR 62614 Seventh Order on Recon 01/25/95 60 FR 4863 Ninth Order on Recon 02/27/95 60 FR 10512 Eighth Order on Recon 03/17/95 60 FR 14373 Sixth R&O and Eleventh Order on Recon 07/12/95 60 FR 35854 Thirteenth Order on Recon 10/05/95 60 FR 52106 Twelfth Order on Recon 10/26/95 60 FR 54815 Tenth Order on Recon 04/08/96 61 FR 15388 Order on Recon of the First R&O and FNPRM 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 Fourteenth 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. 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, E-mail: john.norton@fcc.gov. RIN: 3060-AF41 362. Cable Television Rate Regulation: Cost of Service Legal Authority: 47 U.S.C. 154; 47 U.S.C. 543 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 Second NPRM 04/15/94 59 FR 18066 MO&O 10/14/94 59 FR 52087 Second R&O/First Order on Recon/FNPRM 03/08/96 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. 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, E-mail: john.norton@fcc.gov . RIN: 3060-AF48 363. Cable Home Wiring Legal Authority: 47 U.S.C. 544(i) Abstract: On October 6, 1997, the FCC adopted a Report and Order and Second Notice of Proposed Rulemaking (FCC 97-376) 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. The subsequent Report and Order and Declaratory Ruling concluded that cable wiring behind sheet rock is physically inaccessible for determining the demarcation point. 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 Second R&O 03/21/03 68 FR 13850 FNPRM 10/15/04 69 FR 61193 R&O and Declaratory Ruling 08/30/07 72 FR 50074 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. 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, E-mail: john.norton@fcc.gov . RIN: 3060-AG02 364. Competitive Availability of Navigation Devices (CS Docket No. 97-80) Legal Authority: 47 U.S.C. 549 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. Specifically, the Commission required MVPDs to make available by, a security element (known as a “cablecard”) separate from the basic navigation device (e.g., cable set-top boxes, digital video recorders, and television receivers with navigation capabilities). The separation of the security element from the host device required by this rule (referred to as the “integration ban”) was designed to enable unaffiliated manufacturers, retailers, and other vendors to commercially market host devices while allowing MVPDs to retain control over their system security. Also, in this proceeding, the Commission adopted unidirectional “plug and play” rules, to govern compatibility between MVPDs and navigation devices manufactured by consumer electronics manufacturers not affiliated with cable operators. In the most recent FNPRM, the Commission proposed new rules to improve the operation of the CableCard regime. Timetable: Action Date FR Cite NPRM 03/05/97 62 FR 10011 R&O 07/15/98 63 FR 38089 Order on Recon 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 Second R&O 11/28/03 68 FR 66728 FNPRM 11/28/03 68 FR 66776 Order on Recon 01/28/04 69 FR 4081 Second R&O 06/22/05 70 FR 36040 Third FNPRM 07/25/07 72 FR 40818 4th FNPRM 05/14/10 75 FR 27256 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brendan Murray, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-1573, E-mail: brendan.murray@fcc.gov . RIN: 3060-AG28 365. Digital Audio Broadcasting Systems (MM Docket No. 99-325) Legal Authority: 47 U.S.C. 154; 47 U.S.C. 303 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 a Further Notice of Proposed Rulemaking. Further technical guidance is provided in a Second Report and Order. 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 Second R&O 08/15/07 72 FR 45712 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-2700, E-mail: peter.doyle@fcc.gov . RIN: 3060-AH40 366. Second Periodic Review of Rules and Policies Affecting the Conversion to DTV Legal Authority: 47 U.S.C. 4(i) and 4(j); 47 U.S.C. 303(r); 47 U.S.C. 307; 47 U.S.C. 309; 47 U.S.C. 336 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 Second Report and 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. A subsequent 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. The Second R&O adopts disclosure requirements for televisions that do not include a digital tuner. Timetable: Action Date FR Cite NPRM 03/23/00 65 FR 15600 R&O 02/13/01 66 FR 9973 MO&O 12/18/01 66 FR 65122 Third MO&O and Order on Recon 10/02/02 67 FR 61816 Second R&O and Second MO&O 10/11/02 67 FR 63290 NPRM 02/18/03 68 FR 7737 R&O 10/04/04 69 FR 59500 Second R&O 05/10/07 72 FR 26554 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Eloise Gore, Associate Bureau Chief, 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, E-mail: eloise.gore@fcc.gov . RIN: 3060-AH54 367. Revision of EEO Rules and Policies (MM Docket No. 98-204) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154; 47 U.S.C. 257; 47 U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 334; 47 U.S.C. 403; 47 U.S.C. 554 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 found prior EEO rules unconstitutional. The Third Notice of Proposed Rulemaking (NPRM) 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 Second R&O and Third NPRM 01/07/03 68 FR 670 Correction 01/13/03 68 FR 1657 Fourth NPRM 06/23/04 69 FR 34986 Third R&O 06/23/04 69 FR 34950 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lewis Pulley, Asst. Chief, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, Phone: 202 418-1450, E-mail: lewis.pulley@fcc.gov. RIN: 3060-AH95 368. Broadcast Multiple and Cross-Ownership Limits Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 309 and 310 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 ownership 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. In June 2006, the Commission adopted a Further Notice of Proposed Rulemaking initiating the 2006 review of the broadcast ownership rules. The further notice also sought comment on how to address the issues raised by the Third Circuit. Additional questions are raised for comment in a Second Further Notice of Proposed Rulemaking. In the Report and Order and Order on Reconsideration, the Commission adopted rule changes regarding newspaper/broadcast cross-ownership, but otherwise generally retained the other broadcast ownership rules currently in effect. An appeal of this action is before the Third Circuit. 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 FNPRM 08/09/06 71 FR 4511 Second FNPRM 08/08/07 72 FR 44539 R&O and Order on Recon 02/21/08 73 FR 9481 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Brett, Asst. Div. Chief, Industry Analysis Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2703, E-mail: amy.brett@fcc.gov . RIN: 3060-AH97 369. Establishment of Rules for Digital Low Power Television, Television Translator, and Television Booster Stations (MB Docket No. 03-185) Legal Authority: 47 U.S.C. 309; 47 U.S.C. 336 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. The FNPRM considers the remaining issues requiring resolution in order to complete the low power television digital transition. Timetable: Action Date FR Cite NPRM 09/26/03 68 FR 55566 NPRM Comment Period End 11/25/03 R&O 11/29/04 69 FR 69325 FNPRM and MO&O 10/18/10 75 FR 63766 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Shaun Maher, Attorney Advisor, Federal Communications Commission, Mass Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2324, Fax: 202 418-2827, E-mail: shaun.maher@fcc.gov . RIN: 3060-AI38 370. Joint Sales Agreements in Local Television Markets (MB Docket No. 04-256) Legal Authority: 47 U.S.C. 151 to 152(a); 47 U.S.C. 154(i); 47 U.S.C. 303; et seq. 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 NPRM Comment Period End 09/27/04 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Brett, Asst. Div. Chief, Industry Analysis Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2703, E-mail: amy.brett@fcc.gov. RIN: 3060-AI55 371. Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services (MB Docket No. 05-210) Legal Authority: 47 U.S.C. 154; 47 U.S.C. 303 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. The Report and Order adopted the proposals from the notice. Petitions for reconsideration are pending. Timetable: Action Date FR Cite NPRM 06/22/05 70 FR 44537 NPRM Comment Period End 10/03/05 R&O 12/20/06 71 FR 76208 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Tom Nessinger, Attorney Advisor, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2709, E-mail: thomas.nessinger@fcc.gov. RIN: 3060-AI63 372. Digital Television Distributed Transmission System Technologies (MB Docket No. 05-312) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) to (j); 47 U.S.C. 157; 47 U.S.C. 301; et seq. Abstract: A digital television transmission system (DTS) employs multiple synchronized transmitters spread around a station's service area. Such distributed transmitters fill in unserved areas in the parent station's coverage area. The Notice of Proposed Rulemaking (NPRM) examines issues related to the use of DTS and proposes rules for future DTS operation. The Report and Order adopts the technical and licensing rules necessary to implement DTS service. Timetable: Action Date FR Cite NPRM 12/07/05 70 FR 72763 NPRM Comment Period End 02/06/06 R&O 12/05/08 73 FR 74047 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2120, E-mail: evan.baranoff@fcc.gov. RIN: 3060-AI68 373. Implementation of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05-311) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 541(a)(1); 47 U.S.C. 556(c) Abstract: Section 621(a)(1) of the Communications Act of 1934, as amended, states in relevant part that “a franchising authority . . . may not unreasonably refuse to award an additional competitive franchise.” The Notice of Proposed Rulemaking (NPRM) solicits comment on implementation of section 621(a)(1)'s directive, and whether the franchising process unreasonably impedes the achievement of the interrelated Federal goals of enhanced cable competition and accelerated broadband deployment and, if so, how the Commission should act to address that problem. The subsequent Report and Order found that certain actions by local franchising authorities constitute an unreasonable refusal to award a competitive franchise within the meaning of section 621(a)(1). The item included a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on how the findings should affect existing franchises. In the Second Report and Order, a number of the rules promulgated in this docket are extended to incumbent cable operators. Timetable: Action Date FR Cite NPRM 12/19/05 70 FR 73973 NPRM Comment Period End 02/13/06 R&O and FNPRM 03/21/07 72 FR 13230 FNPRM Comment Period End 04/20/07 Second R&O 11/23/07 72 FR 65670 Next Action Undetermined. Regulatory Flexibility Analysis Required: Yes. Agency Contact: Holly Saurer, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-7283, Fax: 202 418-1069, E-mail: holly.saurer@fcc.gov. RIN: 3060-AI69 374. Program Access Rules—Sunset of Exclusive Contracts Prohibition and Examination of Programming Tying Arrangements (MB Docket Nos. 07-29, 07-198) Legal Authority: 47 U.S.C. 548 Abstract: The program access provisions of the Communications Act (section 628) generally prohibit exclusive contracts for satellite delivered programming between programmers in which a cable operator has an attributable interest (vertically integrated programmers) and cable operators. This limitation was set to expire on October 5, 2007, unless circumstances in the video programming marketplace indicate that an extension of the prohibition continues “to be necessary to preserve and protect competition and diversity in the distribution of video programming.” The October 2007 Report and Order concluded the prohibition continues to be necessary, and accordingly, retained it until October 5, 2012. The accompanying Notice of Proposed Rulemaking (NPRM) sought comment on revisions to the Commission's program access and retransmission consent rules. The associated Report and Order adopted rules to permit complainants to pursue program access claims regarding terrestrially delivered cable affiliated programming. Timetable: Action Date FR Cite NPRM 03/01/07 72 FR 9289 NPRM Comment Period End 04/02/07 R&O 10/04/07 72 FR 56645 NPRM 10/31/07 72 FR 61590 NPRM Comment Period End 11/30/07 R&O 03/02/10 75 FR 9692 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: David Konczal, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2228, E-mail: david.konczal@fcc.gov. RIN: 3060-AI87 375. Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television (MB Docket No. 07-91) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. 301 to 303; 47 U.S.C. 307 to 309; 47 U.S.C. 312; 47 U.S.C. 316; 47 U.S.C. 318 and 319; 47 U.S.C. 324 and 325; 47 U.S.C. 336 and 337 Abstract: Congress has mandated that after February 17, 2009, full-power broadcast stations must transmit only in digital signals, and may no longer transmit analog signals. This proceeding is the Commission's third periodic review of the transition of the nation's broadcast television system from analog to digital television (DTV). The Commission conducts these periodic reviews in order to assess the progress of the transition and make any necessary adjustments to the Commission's rules and policies to facilitate the introduction of DTV service and the recovery of spectrum at the end of the transition. In this review, the Commission considers how to ensure that broadcasters complete construction of their final post-transition (digital) facilities by the statutory deadline. Timetable: Action Date FR Cite NPRM 07/09/07 72 FR 37310 NPRM Comment Period End 08/08/07 R&O 01/30/08 73 FR 5634 Order on Clarification 07/10/08 73 FR 39623 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2120, E-mail: evan.baranoff@fcc.gov. RIN: 3060-AI89 376. Broadcast Localism (MB Docket No. 04-233) Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 532; 47 U.S.C. 536 Abstract: The concept of localism has been a cornerstone of broadcast regulation. The Commission has consistently held that as temporary trustee of the public's airwaves, broadcasters are obligated to operate their stations to serve the public interest. Specifically, broadcasters are required to air programming responsive to the needs and issues of the people in their licensed communities. The Commission opened this proceeding to seek input on a number of issues related to broadcast localism. Timetable: Action Date FR Cite Report and NPRM 02/13/08 73 FR 8255 NPRM Comment Period End 03/14/08 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Mary Beth Murphy, Division Chief, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2132, E-mail: marybeth.murphy@fcc.gov . RIN: 3060-AJ04 377. Creating a Low Power Radio Service (MM Docket No. 99-25) Legal Authority: 47 U.S.C. 151 to 152; 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 403; 47 U.S.C. 405 Abstract: This proceeding was initiated to establish a new noncommercial educational low power FM radio service for non-profit community organizations and public safety entities. In January 2000, the Commission adopted a Report and Order establishing two classes of LPFM stations, 100 watt (LP100) and 10 watt (LP10) facilities, with service radii of approximately 3.5 miles and 1-2 miles, respectively. The Report and Order also established ownership and eligibility rules for the LPFM service. The Commission generally restricted ownership to entities with no attributable interest in any other broadcast station or other media. To choose among entities filing mutually exclusive applications for LPFM licenses, the Commission established a point system favoring local ownership and locally originated programming. The Report and Order imposed separation requirements for LPFM with respect to full power stations operating on co-, first- and second-adjacent and intermediate frequency (IF) channels. In December 2000, legislation was enacted that required the Commission to modify its rules to (i) prescribe LPFM station third-adjacent channel interference protection standards and (ii) prohibit any applicant from obtaining an LPFM station license if the applicant previously has engaged in the unlicensed operation of a station. In March 2001, the Commission adopted a Second Report and Order implementing this statute. In a Further Notice issued in 2005, the Commission reexamined some of its rules governing the LPFM service, noting that the rules may need adjustment in order to ensure that the Commission maximizes the value of the LPFM service without harming the interests of full-power FM stations or other Commission licensees. The Commission sought comment on a number of issues with respect to LPFM ownership restrictions and eligibility. The Third Report and Order resolves issues raised in the Further Notice. The accompanying Second Further Notice of Proposed Rulemaking (FNPRM) considers rule changes to avoid the potential loss of LPFM stations. Timetable: Action Date FR Cite NPRM 02/16/99 64 FR 7577 R&O 02/15/00 65 FR 7616 MO&O and Order on Recon 11/09/00 65 FR 67289 Second R&O 05/10/01 66 FR 23861 Second Order on Recon and FNPRM 07/07/05 70 FR 3918 Third R&O and Second FNPRM 01/17/08 73 FR 3202 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2700, E-mail: peter.doyle@fcc.gov . RIN: 3060-AJ07 378. Sponsorship Identification Rules and Embedded Advertising (MB Docket No. 08-90) Legal Authority: 47 U.S.C. 154(i) and (j); 47 U.S.C. 303(r); 47 U.S.C. 303(a); 47 U.S.C. 317; 47 U.S.C. 405; 47 U.S.C. 508 Abstract: The Commission undertook this proceeding to seek comment on the relationship between the Commission's sponsorship identification rules and the increasing reliance on industry by embedded advertising techniques. Due to recent technological changes that allow consumers to more easily bypass traditional commercial content, content providers may be turning to more subtle and sophisticated means of incorporating commercial messages into programming. The NPRM will seek to determine how embedded advertising affects the efficacy of the sponsorship identification rules in protecting the public's right to know who is paying to air commercials or other programming matter on broadcast outlets and cable television systems. Timetable: Action Date FR Cite NPRM and NOI 07/24/08 73 FR 43194 NPRM Comment Period End 09/22/08 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Brendan Murray, Attorney Advisor, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-1573, E-mail: brendan.murray@fcc.gov . RIN: 3060-AJ10 379. An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification (MM Docket No. 93-177) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 308 Abstract: This proceeding is part of a streamlining initiative to simplify the Media Bureau's licensing procedures. The Report and Order in this proceeding simplified traditional proof of performance requirements for directional AM stations. The Second Report and Order further reduces regulatory burdens on AM broadcasters by permitting the use of computer modeling. The Second Further Notice seeks comment on proposals to synchronize rules regarding tower construction near AM antennas. Timetable: Action Date FR Cite NPRM 07/27/99 64 FR 40539 R&O 04/25/01 66 FR 20752 FNPRM 04/25/01 66 FR 20779 Second R&O 10/30/08 73 FR 64558 Second FNPRM 12/11/08 73 FR 75376 Second FNPRM Comment Period End 01/12/09 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ann Gallagher, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2716, E-mail: ann.gallagher@fcc.gov. RIN: 3060-AJ17 380. Amendment of Parts 73 and 74 of the Commission's Rules To Establish Rules for Replacement Digital Low Power Television Translator Stations (MB Docket No. 08-253) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 154(i) and (j); 47 U.S.C. 157; 47 U.S.C. 301; 47 U.S.C. 302(a); 47 U.S.C. 303; 47 U.S.C. 307 to 309; 47 U.S.C. 312; 47 U.S.C. 316; 47 U.S.C. 318 and 319; 47 U.S.C. 324 and 325; 47 U.S.C. 336 and 337 Abstract: This proceeding was initiated to create a new digital television translator service to permit full-service television stations to continue to provide digital service to viewers within their coverage areas who have lost service as a result of the stations' digital transition. Timetable: Action Date FR Cite NPRM 01/02/09 74 FR 61 NPRM Comment Period End 01/12/09 R&O 06/02/09 74 FR 26300 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Barbara A. Kreisman, Chief, Video Division, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-1600, E-mail: barbara.kreisman@fcc.gov . RIN: 3060-AJ18 381. Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures (MB Docket No. 09-52) Legal Authority: 47 U.S.C. 151 and 152; 47 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. 307 and 309(j) Abstract: This proceeding was commenced to consider a number of changes to the Commission's rules and procedures to carry out the statutory goal of distributing radio service fairly and equitably, and to increase the transparency and efficiency of radio broadcast auction and licensing processes. In the NPRM, comment is sought on specific proposals regarding the procedures used to award commercial broadcast spectrum in the AM and FM broadcast bands. The accompanying Report and Order adopts rules that provide tribes a priority to obtain broadcast radio licenses in tribal communities. The Commission concurrently adopted a Further Notice of Proposed Rulemaking seeking comment on whether to extend the tribal priority to tribes that do not possess tribal land. Timetable: Action Date FR Cite NPRM 05/13/09 74 FR 22498 NPRM Comment Period End 07/10/09 First R&O 03/04/10 75 FR 9797 FNPRM 03/04/10 75 FR 9856 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Peter Doyle, Chief, Audio Division, Media Bureau, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2700, E-mail: peter.doyle@fcc.gov. RIN: 3060-AJ23 382. Promoting Diversification of Ownership in the Broadcast Services (MB Docket No. 07-294) Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152(a); 47 U.S.C. 154(i) and (j); 47 U.S.C. 257; 47 U.S.C. 303(r); 47 U.S.C. 307 to 310; 47 U.S.C. 336; 47 U.S.C. 534 and 535 Abstract: Diversity and competition are longstanding and important Commission goals. The measures proposed, as well as those adopted in this proceeding, are intended to promote diversity of ownership of media outlets. In the Report and Order and third FNPRM, measures are enacted to increase participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses. In the Report and Order and fourth FNPRM, the Commission adopts improvements to its data collection in order to obtain an accurate and comprehensive assessment of minority and female broadcast ownership in the United States. The Memorandum Opinion & Order addressed petitions for Reconsideration of the rules, and also sought comment on a proposal to expand the reporting requirements to non-attributable interests. Timetable: Action Date FR Cite R&O 05/16/08 73 FR 28361 3rd FNPRM 05/16/08 73 FR 28400 R&O 05/27/09 74 FR 25163 4th FNPRM 05/27/09 74 FR 25305 5th NPRM (release date) 10/16/09 MO&O 10/30/09 74 FR 56131 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Amy Brett, Asst. Div. Chief, Industry Analysis Div., Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2703, E-mail: amy.brett@fcc.gov. RIN: 3060-AJ27 383. Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA) (MB Docket No. 10-148) Legal Authority: 47 U.S.C. 340 Abstract: In this proceeding, the Commission modified its satellite television “significantly viewed” rules to implement Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA). Section 203 of the STELA amends section 340 of the Communications Act, which gives satellite carriers the authority to offer out-of-market but “significantly viewed” broadcast television network stations as part of their local service to subscribers. Timetable: Action Date FR Cite NPRM 07/28/10 75 FR 44198 R&O 11/29/10 75 FR 72968 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Evan Baranoff, Attorney, Policy Division, Federal Communications Commission, Media Bureau, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-2120, E-mail: evan.baranoff@fcc.gov. RIN: 3060-AJ43 FEDERAL COMMUNICATIONS COMMISSION (FCC) Media Bureau Completed Actions 384. Direct Broadcast Public Interest Obligations (MM Docket No. 93-25) Legal Authority: 47 U.S.C. 335 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. Timetable: Action Date FR Cite NPRM 03/08/93 58 FR 12917 R&O 02/08/99 64 FR 52399 Order on Recon 04/22/04 69 FR 21761 Order on Recon 04/28/04 69 FR 23155 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rosalee Chiara, Staff Attorney, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-0754, E-mail: rchiara@fcc.gov. RIN: 3060-AH59 FEDERAL COMMUNICATIONS COMMISSION (FCC) Office of Managing Director Long-Term Actions 385. Assessment and Collection of Regulatory Fees Legal Authority: 47 U.S.C. 159 Abstract: Section 9 of the Communications Act of 1934, as amended, 47 U.S.C. 159, requires the FCC to recover the cost of its activities by assessing and collecting annual regulatory fees from beneficiaries of the activities. Timetable: Action Date FR Cite NPRM 04/06/06 71 FR 17410 NPRM Comment Period End 02/14/06 R&O 08/02/06 71 FR 43842 NPRM 05/02/07 72 FR 24213 NPRM Comment Period End 05/03/07 R&O 08/16/07 72 FR 45908 FNPRM 08/16/07 72 FR 46010 FNPRM Comment Period End 09/17/07 NPRM 05/28/08 73 FR 30563 NPRM Comment Period End 05/30/08 R&O 08/26/08 73 FR 50201 FNPRM 08/26/08 73 FR 50285 FNPRM Comment Period End 09/25/08 2nd R&O 05/12/09 74 FR 22104 NPRM and Order 06/02/09 74 FR 26329 NPRM Comment Period End 06/04/09 R&O 08/11/09 74 FR 40089 NPRM 04/26/10 75 FR 21536 NPRM Comment Period End 05/04/10 R&O 07/19/10 75 FR 41932 Next Action Undetermined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Roland Helvajian, Office of the Managing Director, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, Phone: 202 418-0444, E-mail: roland.helvajian@fcc.gov. RIN: 3060-AI79 386. • Amendment of Part 1 of the Commission's Rules, Concerning Practice and Procedure, Amendment of Cores Registration System; MD Docket No. 10-234 Legal Authority: 47 U.S.C. 154(i); 47 U.S.C. 158(c)(2); 47 U.S.C. 159(c)(2); 47 U.S.C. 303(r); 5 U.S.C. 5514; 31 U.S.C. 7701(c)(1) Abstract: This Notice of Proposed Rulemaking proposes revisions intended to make the Commission's Registration System (CORES) more feature-friendly and improve the Commission's ability to comply with various statutes that govern debt collection and the collection of personal information by the federal government. The proposed modifications to CORES partly include: Requiring entities and individuals to rely primarily upon a single FRN that may, at their discretion, be linked to subsidiary or associated accounts; allowing entities to identify multiple points of contact; eliminating some of our exceptions to the requirement that entities and individuals provide their Taxpayer Identification Number (TIN) at the time of registration; requiring FRN holders to provide their e-mail addresses; modifying CORES log-in procedures; adding attention flags and automated notices that would inform FRN holders of their financial standing before the Commission; and [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2011-15501. Public record. Not legal advice.