# Possible Revision or Elimination of Rules

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-20561

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** September 26, 2023
- **Citation:** 88 FR 66232

## Text

FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chapter I
[CB Docket No. 23-283; DA 23-710; FR ID 170395]
Possible Revision or Elimination of Rules

AGENCY:

Federal Communications Commission.

ACTION:

Regulatory review; comments requested.

SUMMARY:

In this document, the Federal Communication Commission (FCC or Commission) invites the general public to comment on the Commission's rules to be reviewed pursuant to the Regulatory Flexibility Act of 1980, as amended. The purpose of the review is to determine whether Commission rules that the FCC adopted in calendar years 2007-2012 should be continued without change, amended, or rescinded in order to minimize any significant impact the rule(s) may have on a substantial number of small entities. Upon receiving comments from the public, the Commission will evaluate those comments and consider whether action should be taken to rescind or amend the relevant rule(s), or retain the rule(s) without modification.

DATES:

Comments may be filed on or before November 27, 2023.

ADDRESSES:

You may submit comments, identified by CB Docket No. 23-283 by any of the following methods:

•
Electronic Filers:
Comments may be filed electronically using the internet by accessing the ECFS:
http://apps.fcc.gov/ecfs/.

•
Paper Filers:
Parties who choose to file by paper must file an original and one copy of each filing.

Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

• U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.

• Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID-19.
See
FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).
See https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.

People with Disabilities.
To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to
fcc504@fcc.gov
or call the Consumer & Governmental Affairs Bureau at 202-418-0530.

FOR FURTHER INFORMATION CONTACT:

For additional information, contact Joy Ragsdale, Director, Office of Communications Business Opportunities, 202-418-1697,
OCBOInfo@fcc.gov
or visit
www.fcc.gov/ocbo.

SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Public Notice document in CB Docket No. 23-283, DA 23-710, released on August 17, 2023. The full version of this document can be located at
https://docs.fcc.gov/public/attachments/DA-23-710A1.pdf.

Annually, the Commission will publish a list of 10-year-old rules for review and comment by interested parties pursuant to section 610 of the RFA.

Synopsis

By the Public Notice document, the Office of Communications Business Opportunities announces the Federal Communications Commission's (Commission) plan to review rules the agency adopted in calendar years 2007-2012 that have or will have a significant economic impact on a substantial number of small entities. Section 610 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 610, requires the Commission to determine whether such rules should be continued without change, amended, or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of small entities. The Appendix of the Public Notice document lists the rules the Commission will review during the next 12 months. Annually, the Commission will publish a list for the review of rules promulgated 10 years preceding the year of review.

The Commission will consider the following factors in reviewing each rule in a manner consistent with section 610(b) of the RFA:

(a) The continued need for the rule;

(b) The nature of complaints or comments from the public concerning the rule;

(c) The complexity of the rule;

(d) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and

(e) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

The Appendix of the Public Notice document includes a brief description, the need for and legal basis of each rule. The Commission invites the general public to comment on these rules in accordance with the instructions below. The Commission will consider all relevant and timely filed comments before it takes final action in this proceeding.

Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS).
See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998).

The proceeding this document initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's
ex parte
rules.
1

Persons making
ex parte
presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral
ex parte
presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the
ex parte
presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during
ex parte
meetings are deemed to

be written
ex parte
presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written
ex parte
presentations and memoranda summarizing oral
ex parte
presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (
e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's
ex parte
rules.

1
47 CFR 1.1200
et seq.

Federal Communications Commission.

Joy Ragsdale,
Director, Office of Communications Business Opportunities.

The Federal Communications Commission (Commission) will review the rules below pursuant to the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 610, for the 10-year period beginning in January 2007 and ending December 2012. All of the rules listed below are in Title 47 of the Code of Federal Regulations.

PART 1—PRACTICE AND PROCEDURE

Subpart A—General Rules of Practice and Procedures—Forbearance Proceedings

Brief Description:
These rules establish procedures for the submission and handling of petitions for forbearance filed pursuant to section 10 of the Communications Act of 1934, as amended.
2

In particular, the rules require that forbearance petitions be “complete as filed” and establish procedures to ensure that forbearance petitions are addressed in a timely, equitable, and predictable manner. Further, a forbearance petition may no longer be withdrawn or significantly narrowed by the petitioner without Commission authorization after the tenth business day after the due date for reply comments.

2
47 U.S.C. 160(c) (“Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers.”).

Need:
These rules implement procedures for handling forbearance petitions in a manner that is front-loaded, actively managed, transparent, and fair.

Legal Basis:
47 U.S.C. 151, 154(i), 154(j), 155(c), 160, 201, and 303(r).

Section Number and Title:

1.55 Public notice of petitions for forbearance.

1.56 Motions for summary denial of petitions for forbearance.

1.57 Circulation and voting of petitions for forbearance.

1.58 Forbearance petition quiet period prohibition.

1.59 Withdrawal or narrowing of petitions for forbearance.

Brief Description:
These rule sections implement the Truth in Caller ID Act of 2009,
3

and prohibit any person or entity from knowingly spoofing caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value. Sections 1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for violations of the Truth in Caller ID Act or the Commission's rules under the Truth in Caller ID Act.

3
The President signed the Truth in Caller ID Act into law on December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-331, codified at 47 U.S.C. 227(e).

Need:
These rule sections carry out the Commission's statutory obligation to implement the Truth in Caller ID Act.

Legal Basis:
Section 2 of the Truth in Caller ID Act of 2009, Public Law 11-331. 47 U.S.C. 151, 154(i), 154(j), 227, and 303(r).

Section Number and Title:

1.80(a)(4), (b)(3), (c) Forfeiture Proceedings.

Subpart E—Complaints, Applications, Tariffs, and Reports Involving Common Carriers

Brief Description:
Section 1.767 of the Commission's rules sets forth the application filing requirements for submarine cable landing licenses. During the relevant review period, the Commission amended the cable landing license application rules and application procedures to require applicants to certify their compliance with the Coastal Zone Management Act of 1972 (CZMA).

Need:
The rules are needed to ensure that Commission processing of certain submarine cable landing license applications comports with the consistency review procedures specified in the CZMA.

Legal Basis:
47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309.

Section Number and Title:

1.767(a)(10) note, (j), (k)(4) Cable landing licenses.

Subpart G—Schedule of Statutory Charges and Procedures for Payment

Brief Description:
These rules specify the schedule of annual regulatory fees and filing locations for the designated payors.

Need:
Congress sets the amount the Commission must collect each year in the Commission's fiscal year appropriations. Section 9(a)(2) of the Communications Act of 1934, as amended (Act) requires the Commission to collect fees sufficient to offset the amount appropriated.
4

These rules specify the fees for the Commission's regulatees.

4
47 U.S.C. 159(a)(2).

Legal Basis:
47 U.S.C. 159.

Section Number and Title:

1.1102 Revised—Schedule of charges for applications and other filings in the wireless telecommunications services.

1.1103 Revised—Schedule of charges for experimental radio services.

1.1104 Revised—Schedule of charges for applications and other filings for media services.

1.1105 Revised—Schedule of charges for applications and other filings for the wireline competition services.

1.1106 Revised—Schedule of charges for applications and other filings for the enforcement services.

1.1107 Revised—Schedule of charges for applications and other filings for the international services.

1.1108 Reserved.

1.1109 Revised—Schedule of charges for applications and other filings for the Homeland services.

1.1110 [correctly redesignated as 1.112]; new 1.1110 correctly added Attachment of charges.

1.1111 [correctly redesignated as 1.113]; new 1.1111 correctly added Payment of charges.

1.1112 [correctly redesignated as 1.114]; new 1.1112 correctly added Form of payment.

1.1113 [correctly redesignated as 1.115]; new 1.1113 correctly added Filing locations.

1.1114 Conditionality of Commission or staff authorizations.

1.1115 Return or refund of charges.

1.1116 General exemptions to charges.

1.1117 Adjustments to charges.

1.1118 Penalty for late or insufficient payments.

1.1119 Petitions and applications for review.

1.1120 [correctly redesignated from 1.1118]; (a) revised Error claims.

1.1121 [correctly redesignated from 1.1119]; (b) revised Billing procedures.

1.1152 Revised—Schedule of annual regulatory fees for wireless radio services.

1.1153 Revised—Schedule of annual regulatory fees and filing locations for mass media services.

1.1154 Revised—Schedule of annual regulatory charges for common carrier services.

1.1155 Revised—Schedule of regulatory fees for cable television services.

1.1156 Revised; Eff. Date corrected; Revised—Schedule of regulatory fees for international services.

1.1164 (c) Revised—Penalties for late or insufficient regulatory fee payments.

1.1166 (b) Revised—Waivers, reductions and deferrals of regulatory fees.

1.1166 (d) Amended—Waivers, reductions and deferrals of regulatory fees.

Subpart X—Spectrum Leasing

Brief Description:
These rules pertain to spectrum leasing arrangements between licensees in the services identified in this subpart and spectrum lessees.

Need:
These rules extend the Commission's secondary market spectrum manager spectrum leasing policies, procedures, and rules that apply to wireless terrestrial services to terrestrial services provided using the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service (MSS) system.

Legal Basis:
15 U.S.C. 79
et seq.;
47 U.S.C. 151, 154(i), 154(j), 155, 157, 225, 303(r), and 309.

Section Number and Title:

1.9001 Purpose and scope.

1.9005 Included services.

1.9020 Spectrum manager leasing arrangements.

1.9049 Special Provisions relating to spectrum leasing arrangements involving the Ancillary Terrestrial Component of Mobile Satellite Services.

Subpart AA—Competitive Bidding for Universal Service Support

Brief Description:
These rules set forth procedures for competitive bidding to determine the recipients of universal service support pursuant to part 54 and the amount(s) of support that each recipient respectively may receive, subject to post-auction procedures, when the Commission directs that such support shall be determined through competitive bidding. The rules establish requirements for applications to participate in competitive bidding, restrict certain communications during the competitive process, and establish a winning bidder's obligation to apply for support.

Need:
These rules implement competitive bidding processes for the allocation of high-cost universal service support, helping to ensure the most efficient and effective use of public resources.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302.

Section Number and Title:

1.21000 Purpose.

1.21001 Participation in competitive bidding for support.

1.21002 Prohibition of certain communications during the competitive bidding process.

1.21003 Competitive bidding process.

1.21004 Winning bidder's obligation to apply for support.

PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS

Subpart B—Allocation, Assignment, and Use of Radio Frequencies

Brief Description:
Section 2.106 contains the Table of Frequency Allocations, which specifies the Federal and non-Federal radio services that may operate in certain frequency bands, as well as the operating conditions for each service, including power limits and coordination procedures. Footnote US23 governs Amateur Radio Service operations in the 5330.5-5406.4 kHz band. Footnote US64 governs Medical Device Radiocommunication Service (MedRadio) operations in the 401-406 MHz, 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Footnote US338 governs Wireless Communications Service (WCS) operations in the 2305-2320 MHz band.

Need:
The Table of Frequency Allocations is needed to allow Federal and non-Federal services to operate safely and without causing harmful interference. The Table is amended frequently to revise existing allocations and add new allocations, generally promoting more efficient and productive use of radio spectrum.

Legal Basis:
47 U.S.C. 154, 302a, 303, and 336.

Section Number and Title:

2.106 US23, US64, US338 Table of Frequency Allocations.

Brief Description:
Part 2 contains the Commission's Table of Frequency Allocations as well as terminology and rules governing bandwidths, call signs, and other transmission identifiers, distress, disaster and emergency communications, prohibition against use of radio devices for eavesdropping, and marketing of radio-frequency devices.

Need:
Part 2 rules establish the allocations for spectrum use.

Legal Basis:
47 U.S.C. 154, 302a, 303, and 336.

Section Number and Title:

2.106 Table of Frequency Allocations.

Subpart J—Equipment Authorization Procedures

Brief Description:
Section 2.1093 specifies which portable devices must undergo radiofrequency (RF) radiation exposure evaluation and 2.1093(c) specifies how that evaluation must be done.

Need:
These rules are needed to satisfy the Commission's responsibilities under the National Environmental Policy Act to evaluate the environmental significance of its actions and to minimize the chance of harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, and 336.

Section Number and Title:

2.1093(c) Radiofrequency radiation exposure evaluation: portable devices.

Subpart K—Importation of Devices Capable of Causing Harmful Interference

Brief Description:
Section 2.1204 specifies the conditions under which RF devices may be imported into the United States. Section 2.1204(a)(9) governs medical implant transmitters, specifying that these devices must either comply with the Part 95 rules or be only for the personal use of the person in whom the device has been inserted or on whom the body-worn device is applied.

Need:
These rules are needed to prevent unauthorized and non-complaint RF devices from being imported into the United States and causing harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, and 336.

Section Number and Title:

2.1204(a)(9) Import conditions.

PART 4—DISRUPTIONS TO COMMUNICATIONS

Brief Description:
These rules expanded the Commission's existing Part 4 outage reporting requirement to include a new class of providers—Interconnected Voice over internet Protocol. They also provide for the appropriate thresholds for outage impact and duration to trigger reporting obligations to the Commission.

Need:
These provisions support the Commission's statutory obligations to ensure the public safety can make

emergency calls by ensuring the integrity and reliability of the Nation's communications networks and the service those in need use to reach 911. The expansion and continued use of IP-based voice protocols for consumer calling, particularly in emergencies, underscores the relevance of these provisions.

Legal Basis:
Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155, 201, 251, 307, 316, 615a-1, 1302(a), and 1302(b).

Section Number and Title:

4.3 Communications Providers Covered by the Requirements of this Part.

4.7 Definitions of metrics used to determine the general outage-reporting threshold criteria.

4.9 Outage reporting requirements—threshold criteria.

PART 6—ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES

Subpart A—Scope—Who must comply with these rules?

Brief Description:
Part 6, subpart A implements section 255 of the Telecommunications Act to ensure that people with disabilities have access to telecommunications services and related equipment, if readily achievable. These rules increase the accessible products and services available in the marketplace. section 255 of the Act requires manufacturers of “telecommunications equipment or customer premises equipment” to ensure that such equipment is accessible to and usable by individuals with disabilities, if readily achievable, and requires providers of a “telecommunications service” to ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. In 2007, the rules were amended by adding paragraphs (d) and (e) to § 6.1, extending those disability access requirements that applied to telecommunications service providers and equipment manufacturers under section 255 of the Act and 47 CFR part 6, to providers of “interconnected Voice over internet Protocol (VoIP) services,” as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services.

Need:
The added rules extend the disability access requirements that applied to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended, to providers of “interconnected Voice over internet Protocol services,” as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services.

Legal Basis:
47 U.S.C. 151-154, 251, 255, and 303(r).

Section Number and Title:

6.1(d) Applicability.

6.1(e) Applicability.

Subpart B—Definitions

Brief Description:
Part 6, Subpart B implements sections 251 and 255 of the Communications Act of 1934, as amended. In adopting section 255, Congress sought to ensure that all Americans, including Americans with disabilities, benefit from advances in telecommunications services and equipment. Section 255 requires providers of telecommunications services and manufacturers of telecommunications equipment or customer premises equipment to ensure that such services and equipment are accessible to and usable by individuals with disabilities, if readily achievable. Section 251(a)(2) of the Act prohibits telecommunications carriers from installing network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255. These rules clarify who must comply with requirements covering telecommunications equipment and services and define certain terms related to those manufacturers and service providers to which the rules apply.

Need:
The rules are intended to facilitate communication by persons with disabilities by ensuring that all commonly used communications equipment and services are available to and accessible by individuals with disabilities, including recently developed equipment and services, such as equipment and service used with Voice over internet Protocol (VoIP).

Legal Basis:
47 U.S.C. 151, 152, 251, 255, and 303(r).

Section Number and Titles:

6.3(c), (e), (j), (k) Definitions.

PART 8—INTERNET FREEDOM

Brief Description:
Section 8.11(a) provides a definition of “broadband internet access service;” § 8.11(d) provides a definition of “reasonable network management practices.”

Need:
These definitions are needed in connection with Commission programs such as the Broadband Data Collection.

Legal Basis:
47 U.S.C. 151, 152, 153, 154, 201, 218, 230, 251, 254, 256, 257, 301, 303, 304, 307, 309, 316, 332, 403, 503, 522, 536, 548, and 1302.

Section Number and Title:

8.11(a), (d) Transparency.

PART 10—WIRELESS EMERGENCY ALERTS

Subpart A—General Information

Brief Description:
These rules provide the parameters for wireless service providers to implement the statutory Commercial Mobile Alert System (CMAS), now referred to as Wireless Emergency Alerts (WEA), including relevant timeframes and technical parameters associated with WEA infrastructure, messaging support, alert tones and similar.

Need:
These provisions support the operation of WEA—a statutory component of the Nation's alert and warning system and help ensure the timely and accurate transmission of wireless alerts and warnings.

Legal Basis:
47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act.

Section Number and Title:

10.20 Purpose.

10.10 Definitions.

10.11 CMAS Implementation Timeline.

Subpart C—System Architecture

10.320 Provider Alert Gateway Requirements.

10.330 Provider Infrastructure Requirements.

Brief Description:
These rules support the operational changes necessary and the implementation/testing requirements for the Commercial Mobile Alert System (CMAS), now known as Wireless Emergency Alerts (WEA)—a statutory component of the Nation's alert and warning system. They direct the installation of necessary equipment, and prescribe the parameters for testing the system and keeping record of its operation.

Need:
These provisions support the operation of WEA—a statutory component of the Nation's alert and warning system and help ensure the timely and accurate transmission of wireless alerts and warnings.

Legal Basis:
47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act.

Section Number and Title:

10.340 Digital Television Transmission Towers Retransmission Capability

10.350 CMAS Testing Requirements

Subpart D—Alert Message Requirements

Brief Description:
These rules provide the parameters for wireless service providers to implement the statutory Commercial Mobile Alert System (CMAS), now referred to as Wireless Emergency Alerts (WEA), including relevant timeframes and technical parameters associated with WEA infrastructure, messaging support, alert tones and similar.

Need:
These provisions support the operation of WEA—a statutory component of the Nation's alert and warning system and help ensure the timely and accurate transmission of wireless alerts and warnings.

Legal Basis:
47 U.S.C. 151, 154(i) and (o), 201, 303(r), 403, and 606, as well as sections 602(a),(b),(c), (f), 603, 604 and 606 of the WARN Act.

Section Number and Title:

10.400 Classification.

10.410 Prioritization.

10.420 Message Elements.

10.430 Character Limit.

10.440 Embedded Reference Prohibition.

10.450 Geographic Targeting.

10.470 Roaming.

Subpart E—Equipment Requirements

Section Number and Title:

10.500 General Requirements.

10.510 Call preemption prohibition.

10.520 Common Audio Attention Signal.

10.530 Common Vibration Cadence.

PART 11—EMERGENCY ALERT SYSTEM (EAS)

Subpart A—General

Brief Description:
Part 11 sets forth the rules governing the Emergency Alert System (EAS).

Need:
The rules are needed to implement the Commission's policies and requirements concerning the EAS, which provides Federal, State, local, territorial, and Tribal government agencies with the capability to provide immediate communications and information to the general public regarding emergency situations. EAS is a system for distributing emergency alerts by transmitting audio and visual messages over the facilities of radio and television broadcasters, cable service providers, direct broadcast satellite providers, and other participating entities.

Legal Basis:
47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 1201, and 1206.

Section Number and Title:

11.2 Definitions.

11.11(a), (d) The Emergency Alert System (EAS).

11.21(a) State and Local Area Plans and FCC Mapbook.

Subpart B—Equipment Requirements

Brief Description:
EAS uses a four-part message for an emergency activation of the EAS. The four parts are: Preamble and EAS Header Codes; audio Attention Signal; message; and Preamble and EAS End of Message (EOM) Codes. Subpart B outlines the equipment requirements to provide the service.

Need:
These amendments specify up-to-date technology to ensure that EAS messages are provided seamlessly, promptly, and accurately.

Legal Basis:
47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 1201, and 1206.

Section Number and Title:

11.31 (c), (e), (f) EAS Protocol.

11.32 (a)(2), (a)(3), (a)(9)(iv) EAS Encoder.

11.33 (a) introductory text, (a)(1), (a)(4), (a)(7), (a)(11) EAS Decoder.

11.34(d) Acceptability of the equipment.

11.35(a), (b) Equipment operational readiness.

Subpart C—Organization

Brief Description:
Entities that wish to voluntarily participate in the national level EAS may submit a written request to the Chief, Public Safety and Homeland Security Bureau. Subpart C provides the regulatory organization for EAS.

Need:
The revision provides that All EAS Participants specified in § 11.11 are categorized as Participating National (PN) sources and must have immediate access to an EAS Operating Handbook.

Legal Basis:
47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 1201, and 1206.

Section Number and Title:

11.41 Participation in EAS.

Subpart D—Emergency Operations

Brief Description:
Analog and digital broadcast stations must transmit, either automatically or manually, national level EAS messages and required tests by sending the EAS header codes, Attention Signal, emergency message and End of Message (EOM) codes using the EAS Protocol. Subpart D outlines Emergency operations.

Need:
The revisions provide for modernizing the EAS to make it capable of processing Common Alerting Protocol (CAP) formatted alert messages is necessary and consistent with the Commission's statutory goals, because a CAP-based EAS will be more flexible and robust than the current system. In this regard, we observe that the rules we adopt today will integrate the EAS with the Federal Emergency Management Agency's (FEMA) Integrated Public Alert and Warning System (IPAWS). This will allow authorized alert initiators to issue alerts that will be delivered simultaneously by the EAS as well as the Personal Localized Alerting Network (PLAN). A CAP-based EAS will also be compatible with the many State alerting systems that are switching to CAP.

Legal Basis:
47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 1201, and 1206.

Section Number and Title:

11.51(a), (c), (d), (g)(3), (h)(3), (i), (j) introductory text, (j)(2), (m), (p) EAS code and Attention Signal Transmission requirements.

11.52(a), (d), (e) introductory text, (e)(2) EAS code and Attention Signal Monitoring requirements.

11.54 EAS operation during a National Level emergency.

11.55(a), (c) introductory text, (c)(3) and (4), (c)(7) and (8), (d) EAS operation during a State or Local Area emergency.

11.56 Obligation to process CAP-formatted EAS messages.

Subpart E—Tests

Brief Description:
Subpart E sets forth the rules governing testing of the Emergency Alert System (EAS).

Need:
The EAS is subject to weekly and monthly tests at the State and local level, such tests may not expose vulnerabilities in functioning or gaps in nationwide coverage. For example, EAS PEP station operational and maintenance requirements are the responsibility of FEMA, which tests the PEP stations but typically does not test other stations. The NWS tests its own National Weather Radio (NWR) facilities independently or as integrated with State and local level emergency alert delivery architectures, but again, its focus is solely on the proper operation of NWS/NWR facilities as those facilities interact with State and local EAS architectures. State EOC facilities are maintained by their respective State officials. None of these entities has been responsible for “top-to-bottom” national testing of EAS. Sections 11.61 (a), (a)(1)(i), (a)(2)(ii), (a)(3), and (b) provide for more complete testing including end to end testing.

Legal Basis:
47 U.S.C. 151, 154 (i) and (o), 303(r), 544(g), 606, 1201, and 1206.

Section Number and Title:

11.61(a) introductory text, (a)(1)(i), (a)(2)(ii), (a)(3), (b) Tests of EAS procedures.

PART 14—ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES

Subpart A—Scope

Brief Description:
Part 14 implements the requirements of section 716 of the Communications Act of 1934, as amended, which requires providers of advanced communication services (ACS) and manufacturers of equipment used for ACS to make their products accessible to people with disabilities, unless accessibility is not achievable. The Commission also adopts rules to implement section 717 of the Communications Act of 1934, as amended, which requires the Commission to establish new recordkeeping and enforcement procedures for manufacturers and providers subject to sections 255, 716 and 718. Part 14 requires manufacturers and service providers subject to section 716 to comply with the requirements of section 716 either by building accessibility features into their equipment or service or by relying on third party applications or other accessibility solutions. If accessibility is not achievable by building in accessibility or relying on third party applications or other accessibility solutions, manufacturers and service providers must make their products compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless that is not achievable. Part 14 includes a temporary self-executing exemption for small businesses to avoid the possibility of unreasonably burdening small and entrepreneurial innovators during the initial compliance period. Part 14 also establishes procedures to facilitate the filing of formal and informal complaints.

Need:
Part 14 implements Congress' mandate that people with disabilities have access to advanced communications services (ACS) and ACS equipment. Specifically, these rules implement sections 716 and 717 of the Communications Act of 1934, as amended, which were added by the “Twenty-First Century Communications and Video Accessibility Act of 2010” (CVAA). ACS plays a fundamental role in today's world, and these rules remain necessary to ensure that people with disabilities can access ACS services and equipment to fully participate in business, family, social, and other activities. The temporary self-executing exemption for small businesses expired on October 8, 2013, is no longer needed and may be deleted.

Legal Basis:
47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 617, and 618.

Section Number and Titles:

14.1 Applicability.

14.2 Limitations.

14.3 Exemption for Customized Equipment or Services.

14.4 Exemption for Small Entities.

14.5 Waivers—Multi-purpose Services and Equipment.

Subpart B—Definitions

Brief Description:
Part 14 implements the requirements of section 716 of the Communications Act of 1934, as amended, which requires providers of advanced communication services (ACS) and manufacturers of equipment used for ACS to make their products accessible to people with disabilities, unless accessibility is not achievable. The Commission also adopts rules to implement section 717 of the Communications Act of 1934, as amended, which requires the Commission to establish new recordkeeping and enforcement procedures for manufacturers and providers subject to sections 255, 716 and 718. Part 14 requires manufacturers and service providers subject to section 716 to comply with the requirements of section 716 either by building accessibility features into their equipment or service or by relying on third party applications or other accessibility solutions. If accessibility is not achievable by building in accessibility or relying on third party applications or other accessibility solutions, manufacturers and service providers must make their products compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless that is not achievable. Part 14 also establishes procedures to facilitate the filing of formal and informal complaints.

Need:
Part 14 implements Congress' mandate that people with disabilities have access to advanced communications services (“ACS”) and ACS equipment. Specifically, these rules implement sections 716 and 717 of the Communications Act of 1934, as amended, which were added by the “Twenty-First Century Communications and Video Accessibility Act of 2010” (CVAA). ACS plays a fundamental role in today's world, and these rules remain necessary to ensure that people with disabilities can access ACS services and equipment to fully participate in business, family, social, and other activities.

Legal Basis:
47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 617, and 618.

Section Number and Titles:

14.10 Definitions.

Subpart C—Implementation Requirements—What must covered entities do?

Brief Description:
Part 14 implements the requirements of section 716 of the Communications Act of 1934, as amended, which requires providers of advanced communication services (ACS) and manufacturers of equipment used for ACS to make their products accessible to people with disabilities, unless accessibility is not achievable. The Commission also adopts rules to implement section 717 of the Communications Act of 1934, as amended, which requires the Commission to establish new recordkeeping and enforcement procedures for manufacturers and providers subject to sections 255, 716 and 718. Part 14 requires manufacturers and service providers subject to section 716 to comply with the requirements of section 716 either by building accessibility features into their equipment or service or by relying on third party applications or other accessibility solutions. If accessibility is not achievable by building in accessibility or relying on third party applications or other accessibility solutions, manufacturers and service providers must make their products compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless that is not achievable. Part 14 also establishes procedures to facilitate the filing of formal and informal complaints.

Need:
Part 14 implements Congress' mandate that people with disabilities have access to advanced communications services (ACS) and ACS equipment. Specifically, these rules implement sections 716 and 717 of the Communications Act of 1934, as amended, which were added by the “Twenty-First Century Communications and Video Accessibility Act of 2010” (CVAA). ACS plays a fundamental role in today's world, and these rules remain necessary to ensure that people with disabilities can access ACS services and equipment to fully participate in business, family, social, and other activities.

Legal Basis:
47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 617, and 618.

Section Number and Titles:

14.20 Obligations.

14.21 Performance Objectives.

Subpart D—Recordkeeping, Consumer Dispute Assistance, and Enforcement

Brief Description:
Part 14 implements the requirements of section 716 of the Communications Act of 1934, as amended, which requires providers of advanced communication services (ACS) and manufacturers of equipment used for ACS to make their products accessible to people with disabilities, unless accessibility is not achievable. The Commission also adopts rules to implement section 717 of the Communications Act of 1934, as amended, which requires the Commission to establish new recordkeeping and enforcement procedures for manufacturers and providers subject to sections 255, 716 and 718. Part 14 requires manufacturers and service providers subject to section 716 to comply with the requirements of section 716 either by building accessibility features into their equipment or service or by relying on third party applications or other accessibility solutions. If accessibility is not achievable by building in accessibility or relying on third party applications or other accessibility solutions, manufacturers and service providers must make their products compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless that is not achievable. Part 14 also establishes procedures to facilitate the filing of formal and informal complaints.

Need:
Part 14 implements Congress' mandate that people with disabilities have access to advanced communications services (“ACS”) and ACS equipment. Specifically, these rules implement sections 716 and 717 of the Communications Act of 1934, as amended, which were added by the “Twenty-First Century Communications and Video Accessibility Act of 2010” (CVAA). ACS plays a fundamental role in today's world, and these rules remain necessary to ensure that people with disabilities can access ACS services and equipment to fully participate in business, family, social, and other activities.

Legal Basis:
47 U.S.C. 151-154, 251, 255, 303(r), 403, 503, 616, 617, and 618.

Section Number and Titles:

14.30 Generally.

14.31 Recordkeeping.

14.32 Consumer Dispute Assistance.

14.33 Informal or formal complaints.

14.34 Informal complaints; form, filing, content, and consumer assistance.

14.35 Procedure; designation of agents for service.

14.36 Answers and replies to informal complaints.

14.37 Review and disposition of informal complaints.

14.38 Formal Complaints; General pleading requirements.

14.39 [superseded by subpart E of part 1, 1.722] Format and content of formal complaints.

14.40 [superseded by subpart E of part 1, 1.723] Damages.

14.41 [superseded by subpart E of part 1, 1.725] Joinder of complainants and causes of action.

14.42 [superseded by subpart E of part 1, 1.726]

14.43 [superseded by subpart E of part 1, 1.727] Cross-complaints and counterclaims.

14.44 [superseded by subpart E of part 1, 1.728] Replies.

14.45 [superseded by subpart E of part 1, 1.729] Motions.

14.46 [superseded by subpart E of part 1, 1.721(r) and (s)] Formal complaints not stating a cause of action; defective pleadings.

14.47 [superseded by subpart E of part 1, 1.730] Discovery.

14.48 [superseded by subpart E of part 1, 1.731] Confidentiality of information produced or exchanged by the parties.

14.49 [superseded by subpart E of part 1, 1.732] Other required written submissions.

14.50 [superseded by subpart E of part 1, 1.733] Status conference.

14.51 [superseded by subpart E of part 1, 1.49 through 1.52] Specifications as to pleadings, briefs, and other documents; subscription.

14.52 [superseded by subpart E of part 1, 1.734] Copies; service; separate filings against multiple defendants.

PART 15—RADIO FREQUENCY DEVICES

Subpart A—General

Brief Description:
These rules set forth the definitions for various terms and the measurement procedures that must be used to determine whether devices comply with the Commission's RF emissions limits. These rules cover, among other devices, Broadband Power Line (BPL) devices, Unlicensed Personal Communications Service (UPCS) devices, and field disturbance sensors.

Need:
These rules are needed to allow operators of devices, including Broadband Power Line (BPL) devices, Unlicensed Personal Communications Service (UPCS) devices, and field disturbance sensors, to accurately measure and determine whether their devices comply with the Commission's RF emissions limits.

Legal Basis:
47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 549.

Section Number and Title:

15.3(hh) Definitions.

15.31(a)(2), (f)(2) and (3) Measurement standards.

15.35(b) Measurement detector functions and bandwidths.

15.38 Incorporation by reference.

Subpart C—Intentional Radiators

Brief Description:
Section 15.212 defines the different types of modular transmitters and sets forth the requirements for obtaining approval for these devices under Part 15 of the Commission's rules.

Need:
These rules are needed to provide efficient equipment authorization procedures for modular transmitter devices, enabling manufacturers to develop more advanced unlicensed transmitter technologies without causing harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.

Section Number and Title:

15.212 Modular transmitters.

Subpart D—Unlicensed Personal Communications Service Devices

Brief Description:
These rules set forth general technical requirements for Unlicensed Personal Communications Service (UPCS) devices, and specific requirements for UPCS devices operating in the 1920-1930 MHz band.

Need:
These rules are needed to ensure UPCS devices operate as intended and do not cause harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.

Section Number and Title:

15.319(b) General technical requirements.

15.323(a), (c)(5), (d), (e) Specific requirements for devices operating in the 1920-1930 MHz band.

Subpart G—Access Broadband Over Power Line (Access BPL)

Brief Description:
Section 15.611 sets forth general technical requirements for Broadband Power Line (BPL) systems. Paragraph (c) of this section specifies the interference mitigation and avoidance requirements for BPL systems. Paragraph (c)(1)(i) of this section clarifies that for frequencies below 30 MHz, when a notch filter is used to avoid interference to a specific band, the BPL system must be capable of attenuating emissions within that band to a level at least 25 dB below the applicable part 15 limits.

Need:
This rule clarifies what steps a Broadband Power Line (BPL) system operator must take to avoid causing harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 549.

Section Number and Title:

15.611(c)(1)(i) General technical requirements.

Subpart H—White Space Devices

Brief Description:
These rules specify how White Space Devices may operate safely in certain bands. These rules cover the scope of subpart H, definitions, cross references, user information, permissible channels of operation, general technical requirements, interference avoidance methods, interference protection requirements, white space databases, database administration fees, database administrators, and white space devices that rely on spectrum sensing.

Need:
These rules enable white space devices to operate on an unlicensed basis using television channels that are vacant in certain markets without causing harmful interference.

Legal Basis:
47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.

Section Number and Title:

15.701 Scope.

15.703 Definitions.

15.705 Cross reference.

15.706 Information to the user.

15.707 Permissible channels of operation.

15.709 General technical requirements.

15.711 Interference avoidance methods.

15.712 Interference protection requirements.

15.713 White space database.

15.714 White space database administration fees.

15.715 White space database administrator.

15.717 White space devices that rely on spectrum sensing.

PART 20—COMMERICAL MOBILE SERVICES

Brief Description:
Part 20 rules set forth the Commission's requirements and conditions for commercial mobile radio service providers under the Communications Act of 1934, as amended. Section 20.12(d) requires host carriers to provide automatic roaming to technologically compatible, facilities-based CMRS carriers on reasonable and not unreasonably discriminatory terms and conditions. Sections 20.12(a)(3) and (e) require facilities-based providers of commercial mobile data services to offer roaming arrangements to other such providers on commercially reasonable terms, subject to certain limitations. Section 20.19 requires wireless handset manufacturers and terrestrial mobile service providers to make available to consumers a minimum number of handsets that meet specified technical criteria for hearing aid compatibility and to disclose certain information to consumers about a handset's hearing aid compatibility.

Need:
Section 20.12 is needed on an ongoing basis to implement the Commission's interconnection regulations between local exchange carriers and commercial mobile radio providers. Section 20.19 is needed on an ongoing basis to ensure reasonable access to commercial mobile services by persons with impaired hearing, as required under 47 U.S.C. 610.

Legal Basis:
47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 610, 615, 615(a), 615(b), and 615(c), unless otherwise noted.

Section Number and Title:

20.12(a)(3), (d), (e) Resale and roaming.

20.19(a)(3)(i), (b)(3), (c) introductory text, (c)(1)(ii)(C), (e)(1)(ii) and (iii), (f)(2) introductory text, (f)(2)(iii), (f)(3), (l) Hearing aid-compatible mobile handsets.

PART 25—SATELLITE COMMUNICATIONS

Subpart B—Applications and Licenses

Brief Description:
Part 25 contains the Commission's rules governing the licensing and operation of space stations and earth stations. It includes application requirements, technical requirements, operational requirements, and coordination requirements for various satellite services. The rules also define the Commission's processing of applications.

Need:
Part 25 rules are needed to ensure that satellite services may be provided without harmful interference and consistent with the public interest.

Legal Basis:
47 U.S.C. 154, 157, 301, 302, 303, 307, 309, 310, 316, 319, 332, 605, and 701-744.

Section Number and Title:

25.114 Applications for space station authorizations.

25.115 Applications for earth station authorizations,

25.130 Filing requirements for transmitting earth stations.

25.132 Verification of earth station antenna performance standards.

25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) and C-band Small Aperture Terminal (CSAT) networks.

25.138 Blanket Licensing provisions of GSO FSS Earth Stations in 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.

25.149 Application requirements for ancillary terrestrial components in Mobile-Satellite Service networks operating in the 1.5/1.6 GHz and 1.62/2.4 GHz Mobile Satellite Service.

25.201 Definitions.

Subpart C—Technical Standards

25.202 Frequencies, frequency tolerance and emission limits.

25.203 Choice of sites and frequencies.

25.204 Power limits for earth stations.

25.205 Minimum antenna elevation angle.

25.209 Earth station antenna performance standards.

25.212 Narrowband analog transmissions, digital transmissions, and video transmissions in the GSO Fixed-Satellite Services.

25.218 Off-axis EIRP density envelopes for FSS earth station transmitting in certain frequency bands.

25.220 Non-routine transmit/receive earth station operations.

25.221 Blanket Licensing provisions for Earth Stations on Vessels (ESVs) receiving in the 3700-4200 MHz (space-to-Earth) band and transmitting in the 5925-6425 MHz (Earth-to-space) band, operating with GSO Satellites in the Fixed-Satellite Service.

25.222 Blanket Licensing provisions for Earth Station on Vessels (ESVs) receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) frequency bands and transmitting in the 14.0-14.5 GHz (Earth-to-space) frequency band, operating with Geostationary Orbit (GSO) Satellites in the Fixed-Satellite Service.

25.226 Blanket licensing provisions for domestic, U.S. VMESs operating with GSO FSS space stations in the 10.95-11.2 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz, and 14.0-14.5 GHz bands.

25.254 Special requirements for ancillary terrestrial components operating in the 1610-1626.5 MHz/2483-2500 MHz bands.

25.264 Requirements to facilitate reverse-band operation in the 17.3-17.8 GHz band of 17/24 GHz BSS and DBS Service space stations.

Subpart D—Technical Operations

25.271 Control of transmitting stations.

PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

Subpart B—Applications and Licenses

Brief Description:
Part 27 contains service and licensing rules for Miscellaneous Wireless Communications Services. Subpart B establishes application and licensing requirements applicable to a number of spectrum bands, including among others, 700 MHz (698-746, 746-758, 775-788, and 805-806 MHz); Advanced Wireless Service (AWS) (1710-1755, 2110-2155, 1695-1710, 1755-1780, and 2155-2180 MHz); Broadband Radio Service (BRS) and Educational Broadband Service (EBS) (2150-2160 and 2496-2690 MHz); and Wireless Communications Service (WCS) (2305-2320 and 2345-2360 MHz).

Need:
The revised rules specify license periods for BRS and EBS (27.13 (h)); construction requirements for 700 MHz, BRS and EBS, and WCS (27.14 (g)-(p)); and network access requirements for Block C in the 746-757 and 776-787 MHz bands (27.16). The need for these rules is ongoing.

Legal Basis:
47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.

Section Number and Title:

27.13(h) License period.

27.14(g) through (p) Construction requirements.

27.16 Network access requirements for Block C in the 746-757 and 776-787 MHz bands.

Subpart C—Technical Standards

Brief Description:
Part 27 contains service and licensing rules for Miscellaneous Wireless Communications Services. Subpart C contains technical standards applicable to a number of services and frequency bands.

Need:
The additional rules provide for: (1) permissible power and antenna heights; (2) emission limitations; (3) Power flux density limits; (4) efficient deployment of and coexistence between WCS licensees and SDARS licensees; and (5) WCS licensees to take all practicable steps necessary to minimize the risk of harmful interference to AMT and DSN facilities. The need for these rules is on-going.

Legal Basis:
47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 337, 1403, 1404, 1451, and 1452.

Section Number and Title:

27.50 Table 2, Table 3, Table 4—Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands.

27.53(d), (e)(1) through (5) Emission limits.

27.55(c) Power strength limits.

27.72 Information sharing requirements.

27.73 WCS, AMT, and Goldstone coordination requirements.

Subpart M—Broadband Radio Service and Educational Broadband Service

Brief Description:
Part 27 contains service and licensing rules for Miscellaneous Wireless Communications Services. Subpart M contains specific rules applicable to the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) that operate in the 2500-2690 MHz band.

Need:
The rules establish competitive bidding and designated entity rules for BRS and EBS. The need for these rules is ongoing.

Legal Basis:
47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.

Section Number and Title:

27.1217 Competitive bidding procedures for the Broadband Radio Service and the Educational Broadband Service.

27.1218 Broadband Radio Service designated entity provisions.

PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES

Subpart A—General

Brief Description:
Section 36.4 sets out streamlining procedures for processing petitions for waiver of the Commission's freeze of Local Exchange Carrier study area boundaries.

Need:
These rules enable the Commission to more efficiently and effectively process petitions for waiver of the study area freeze.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302, and §§ 1.1 and 1.1421 of the Commission's rules, 47 CFR 1.1, 1.421.

Section Number and Title:

36.4 Streamlining procedures for processing petitions for waiver of study area boundaries.

PART 43—REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF INTERNATIONAL INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES AND CERTAIN AFFILIATES

Brief Description:
Part 43 sets forth reporting requirements for common carriers. During the relevant review period, the Commission eliminated the following outdated and unnecessary reporting requirements related to international telecommunications traffic for which the burdens on U.S. international service providers now outweigh the benefits: (1) the quarterly traffic and revenue reports for large carriers; (2) the quarterly traffic and revenue reports for foreign-affiliated switched resale carriers; (3) the circuit-addition report for carriers that have been certified as resellers of private lines; (4) the telegraph toll division report for carriers that provide international telegraph service; and (5) the requirement for carriers holding international section 214 authorizations to file a traffic and revenue report or circuit-status report for traffic between the continental United States and off-shore U.S. points (
e.g.,
Guam or the U.S. Virgin Islands) or between off-shore U.S. points, or to file separate reports for off-shore U.S. points.

Need:
In modifying its rules, the Commission ensures that its data collections match its data needs while avoiding unnecessary or excessive burdens on entities subject to Commission authority.

Legal Basis:
47 U.S.C. 35-39, 154, 211, 219, and 220.

43.53 [Removed] Reports regarding division of international toll communication charges.

43.61(a) through (c) [Removed] Reports of international telecommunications traffic.

43.82(a) International circuit status report.

PART 51—INTERCONNECTION

Subpart H—Reciprocal Compensation for Transport and Termination of Telecommunications Traffic

Brief Description:
The purpose of Subpart H is to establish rules governing the transition of intercarrier compensation from a calling-party's-network pays system to a default bill-and-keep methodology—and confirms that, after the transition, the exchange of telecommunications traffic between and among service providers will, by default, be governed by bill-and-keep arrangements.

Need:
Theses rules establish the context for Subpart H and support the implementation of bill-and-keep as the ultimate uniform, national methodology for all telecommunications traffic exchanged with a Local Exchange Carrier.

Legal Basis:
47 U.S.C. 151-55, 157, 201-05, 207-09, 218, 220, 225-227, 251-254, 256, 271, 303(r), 332, and 1302, 47 U.S.C. 157 note, unless otherwise noted.

Section Number and Title:

51.700 Purpose of this subpart.

51.701(b)(3) Scope of transport and termination pricing rules.

Subpart J—Transitional Access Service Pricing

Brief Description:
Sections 51.901 through 51.919 govern the transition of intercarrier compensation from a calling-party's-network pays system to a default bill-and-keep methodology for telecommunications traffic exchanged between telecommunications providers; that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access.

Need:
Theses rules facilitate implementation of bill-and-keep as the national methodology for all telecommunications traffic exchanged between telecommunications providers; that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302; 47 CFR 1.1, 1.421

Section Number and Title:

51.901 Purpose and scope of transitional access service pricing rules.

51.903 Definitions.

51.905 Implementation.

51.907 Transition of price cap carrier access charges.

51.909 Transition of rate-of-return carrier access charges.

51.911 Access reciprocal compensation rates for competitive LECs.

51.913 Transition for VoIP-PSTN traffic.

51.915 Recovery mechanism for price cap carriers.

51.917 Revenue recovery for Rate-of-Return Carriers.

51.919 Reporting and monitoring.

PART 52—NUMBERING

Subpart C—Number Portability

Brief Description:
Section 52.23(h) establishes requirements for porting telephone numbers from a wireline carrier to a wireless carrier. Section 52.34 establishes obligations regarding local number porting to
and
from interconnected VoIP or internet-based TRS providers. Section 52.35 establishes porting intervals when transferring a customer's telephone number between two wireline providers; a wireline and wireless provider; or an interconnected Voice over internet Protocol (VoIP) provider and any other service provider. Section 52.36 specifies standard data fields that may be required from customers for simple port order processing.

Need:
These rules facilitate prompt transfers of telephone numbers by standardizing the data to be exchanged when transferring a customer's telephone number between two wireline providers; a wireline and wireless provider; or an interconnected Voice over internet Protocol (VoIP) provider and any other service provider. The rules also mandate one-business day porting intervals to ensure that consumers are able to port their telephone numbers efficiently and to enhance competition for all communications services.

Legal Basis:
47 U.S.C. 151, 154(i)-(j), 251, and 303(r).

Section Number and Title:

52.23(h) Deployment of long-term database methods for number portability by LECs.

52.35 Porting intervals.

52.36 Standard data fields for simple port order processing.

PART 54—UNIVERSAL SERVICE

Subpart D—Universal Service Support for High Cost Areas

Brief Description:
Section 54.302 establishes a per-line limit on universal service monthly support. The provisions in section 54.304 govern data submission requirements for, and payment of CAF ICC support to, eligible rate-of-return and price-cap carriers. Section 54.307(e) establishes the current methodology for determining Competitive Eligible Telecommunications Carrier high-cost support. Section 54.312 sets out rules for legacy high-cost support in price-cap territories before, during and after the Connect America Fund Phase II and Rural Digital Opportunity Fund Phase I auctions.

Need:
These rule sections specify reporting and payment processes integral to the Commission's high-cost program.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303I, 332, 403, and 1302.

Section Number and Title:

54.302 Monthly per-line limit on universal service support.

54.304 Administration of Connect America Fund Intercarrier Compensation Replacement.

54.307(e) Support to a competitive eligible telecommunications carrier.

54.312 Connect America Fund for Price Cap Territories—Phase I.

Subpart E—Universal Service Support for Low-Income Consumers

Brief Description:
Section 54.404 details requirements and processes applicable to the National Lifeline Accountability Database, which allows service providers to enroll Lifeline eligible consumers in the program and manage their subscribers. Section 54.405(e) details the process for Eligible Telecommunications Carriers to de-enroll a Lifeline subscriber where there is a reasonable basis for the ETC to believe that the subscriber no longer meets the criteria to be considered a qualifying low-income consumer for purposes of the Lifeline program. Section 54.414 provides that only ETCs that receive high-cost support may receive Link Up, specifies requirements for determining a resident of rural Tribal lands' initial eligibility for Link Up, and establishes recordkeeping requirements that must be met for ETCs to receive reimbursement for providing Tribal Link Up. Section 54.419 provides that electronic signatures have the same legal effect as written signatures for purposes of Subpart E. Section 54.420 sets out requirements for obtaining third-party biennial audits of their compliance with subpart E requirements. Section 54.422 establishes annual reporting requirements applicable to ETC receiving low-income support.

Need:
These rules comprise key elements of the Lifeline and Tribal Link Up programs, including provisions for verification of eligibility for the programs and auditing and reporting requirements to support Commission oversight.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302.

Section Number and Title:

54.404 The National Lifeline Accountability Database.

54.405(e) Carrier obligation to offer Lifeline.

54.414 Reimbursement for Tribal Link Up.

54.419 Validity of electronic signatures.

54.420 Low income program audits.

54.422 Annual reporting for eligible telecommunications carriers that receive. low-income support.

Subpart F—Universal Service for Rural Health Care Program

Brief Description:
These rules establish the framework for the Healthcare Connect Fund of the Rural Health Care Program, including the criteria for what recipients, services, and equipment are deemed eligible in the program, the requirement that health care providers contribute to the total cost of eligible expenses, and requirements for data collection and reporting.

Need:
These rules facilitate the administration of the Health Care Connect Fund, which provides support for high-capacity broadband connectivity to eligible health care providers and encourages the formation of State and regional broadband health care provider networks.

Legal Basis:
47 U.S.C. 151, 152, 154(i)-(j), 201(b), and 254.

Section Number and Title:

54.600 Terms and definitions.

54.601(b) Health care provider eligibility.

54.602 Health care support mechanism.

54.607 (formerly 54.630) Eligible recipients.

54.609 (formerly 54.631) Designation of consortium leader.

54.610 (formerly 54.632) Letters of agency (LOA).

54.611 (formerly 54.633) Health care provider contribution.

54.612 (formerly 54.634) Eligible services.

54.613 (formerly 54.635) Eligible equipment.

54.614 (formerly 54.636) Eligible participant-constructed and owned network facilities for consortium applicants.

54.615 (formerly 54.637) Off-site data centers and off-site administrative offices.

54.616 (formerly 54.638) Upfront payments.

54.617 (formerly 54.639) Ineligible expenses.

54.618 (formerly 54.640) Data collection and reporting.

54.622 (formerly 54.642) Competitive bidding requirement and exemptions.

Subpart L—Mobility Fund and 5G Fund

Brief Description:
Sections 54.1001 through 54.1010 establish the regulatory framework for the Mobility Fund—Phase I, the first universal service mechanism dedicated to ensuring availability of mobile broadband networks in areas where a private-sector business case is lacking. These rules established necessary elements of the Mobility Fund—Phase I, including the geographic areas eligible for support, the application process, public interest obligations, and record retention and reporting requirements.

Need:
These rules were necessary to facilitate the administration of the Mobility Fund—Phase I, which provided immediate one-time support to accelerate the deployment of mobile broadband and voice service to unserved areas.

Legal Basis:
47 U.S.C. 151, 152, 154(i), 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, and 1302.

Section Number and Title:

54.1001 Mobility Fund—Phase I.

54.1002 Geographic areas eligible for support.

54.1003 Provider eligibility.

54.1004 Service to Tribal Lands.

54.1005 Application process.

54.1006 Public interest obligations.

54.1007 Letter of credit.

54.1008 Mobility Fund Phase I disbursements.

54.1009 Annual reports.

54.1010 Record retention for Mobility Fund Phase I.

PART 61—TARIFFS

Subpart B—Rules for Electronic Filing

Brief Description:
These rules require electronic tariff filing, using the Commission's Electronic Tariff Filing System, for all tariff filers for their tariffs, tariff revisions, Base Documents, and associated documents, including applications for special permission, and petitions and replies to petitions against tariff filings. Sections 61.13 and 61.51 define the scope of electronic filing requirements to apply to all issuing carries that file tariffs. Sections 61.14-61.17 establish procedures applicable to tariff filings to which electronic filing requirements apply.

Need:
By requiring all tariff filers to file electronically, these rules create a more open, transparent, and efficient flow of information to the public, and benefit the public, carriers, and the Commission by creating a uniform system providing online access to all carrier tariffs filed with the Commission.

Legal Basis:
47 U.S.C. 151, 154(i), 201-205, and 226(h)(1)(A).

Section Number and Title:

61.13 Scope.

61.14 Method of filing publications.

61.15 Letters of transmittal and cover letters.

61.16 Base documents.

61.17 Applications for special permission.

PART 63—EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

Brief Description:
Part 63 sets forth, among other things, the processes, requirements, and conditions applicable to international section 214 applications and authorizations to provide global facilities-based and global resale services. During the relevant review period, the Commission modified the rules and procedures to, among other things, reduce the notice period for the discontinuance of international services, clarified the rules governing the provision of international roaming service by U.S. Commercial Mobile Radio Service (CMRS) carriers, and made changes to the
de jure
control of an international section 214 authorization holder and the treatment of asset acquisitions. The Commission also eliminated the requirement to submit circuit-additions report.

Need:
These rules provide the applicable framework and establish the general applications, procedures, conditions, and restrictions for the provision of U.S.-international telecommunications services.

Legal Basis:
47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless otherwise noted.

Section Number and Title:

63.18(e)(2) introductory text Contents of applications for international common carriers.

63.19(a)(1) and (2) Special procedures for discontinuances of international services.

63.23(c); (e) [Removed]; (f) redesignated as new (e) Resale-based international common carriers.

63.24(b) note; (c) Assignments and transfers of control.

Brief Description:
Sections 63.60(a), (b)(3), (e) and (g) extend to providers of interconnected VoIP service the discontinuance obligations that apply to domestic non-dominant telecommunications carriers under section 214 of the Communications Act.

Need:
These rule sections protect consumers of interconnected VoIP service from abrupt discontinuance, reduction, or impairment of their service without notice.

Legal Basis:
47 U.S.C. 151, 154(i)-(j), 214, and 303(r).

Section Number and Title:

63.60(a), (b)(3), (e), (g) Definitions.

PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart F—Telecommunications Relay Services and Related Customer Premises Equipment for Persons With Disabilities

Brief Description:
Part 64, Subpart F implements section 225 of the Communications Act of 1934, as amended. Section 225 codifies Title IV of the Americans with Disabilities Act of 1990 (ADA) which requires that the Commission ensure telecommunications relay services (TRS) are available, “to the extent possible and in the most efficient manner,” to individuals with hearing or speech disabilities in the United States. Section 225 defines “TRS” as telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. The rules provide minimum functional, operational, and technical standards for TRS programs. The rules give states a significant role in ensuring the availability of TRS by treating carriers as compliant with their statutory obligations if they operate in a state that has a relay program certified as compliant by the Commission. The rules also establish a cost recovery and a carrier contribution mechanism (TRS Fund) for the provision of interstate TRS and require states to establish cost recovery mechanisms for the provision of intrastate TRS. In 2007 and 2008, the rules were amended by adding paragraphs (a)(3), (a)(9) (which has been redesignated as (a)(10)), (a)(11) (which has been redesignated as (a)(13)), (a)(12) (which has been redesignated as (a)(14)), (a)(13) (which has been redesignated as (a)(17)), (a)(15) (which has been redesignated as (a)(21)), (a)(17) (which has been redesignated as (a)(22)), (a)(18) (which has been redesignated as (a)(22)), (a)(24) (which has been redesignated as (a)(27)), (a)(25) (which has been redesignated as (a)(28)), and (b) to § 64.601 defining terms and extending the TRS requirements contained in § 64.601 to providers of interconnected VoIP services. Section 64.605 (which has been redesignated as § 9.14) was also added to ensure that emergency calls placed by internet-based TRS users will be routed directly and automatically to the appropriate emergency services authorities by internet-based TRS providers. Section 64.611 was added to (1) allow the internet-based TRS provider to take steps to associate the internet-based TRS user's telephone number with their IP address to allow for the routing and completion of calls; (2) to facilitate the provision of 911 service; and (3) to facilitate the implementation of appropriate network security measures. Furthermore, section 64.613 was added in order to establish a uniform ten-digit numbering system for internet-based forms of TRS: (1) a means for NANP numbers to be assigned to internet-based TRS users and (2) a central numbering directory mechanism that maps each NANP telephone number assigned to an internet-based TRS user to the appropriate internet address.

Section 64.610 of Part 64, Subpart F implements the pilot National Deaf-Blind Equipment Distribution Program (NDBEDP). The NDBEDP was established to enable low-income individuals who are deafblind to access Twenty-First Century communications services. The two-year pilot program, which was extended for three additional years, helped ensure that qualified individuals who are deafblind have specialized customer premises equipment designed to access the internet and advanced communications. Section 64.611(e) prohibits Video Relay Service and IP Relay providers from assigning or issuing toll-free numbers to their customers and requires that, upon request of a customer, VRS and IP Relay providers transfer any already assigned toll-free numbers to a toll-free service provider or Responsible Organization (RespOrg).

Need:
The rules implementing section 225 are intended to facilitate communication by persons with hearing or speech disabilities in order to give full effect to the accessibility policies embodied in section 225, and to ensure that individuals with hearing or speech disabilities receive the same quality of service as hearing individuals when they make TRS calls, regardless of where their calls originate or terminate. Further, the rules are designed to further the TRS functional equivalency mandate by ensuring that internet-based TRS users can be reached by voice telephone users in the same way that voice telephone users are called. These rules also are intended to ensure that emergency calls placed by internet-based TRS users will be routed directly and automatically to the appropriate emergency services authorities by internet-based TRS providers.

Section 64.610 implemented a provision of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), which allocated $10 million annually from the Interstate Telecommunications Relay Service (TRS) Fund for this nationwide equipment distribution effort. These rules were adopted to govern a pilot program to support the distribution of such specialized CPE and the provision of associated services. With the establishment of a permanent NDBEDP in 2016, 47 CFR 64.6201-64.6219
, the pilot program ended, and final accounting was completed. As a result,
section 64.610 is no longer needed and may be repealed. Section 64.611(e) promotes the use of geographically appropriate numbers and provide iTRS customers with access functionally equivalent to that enjoyed by hearing customers.

Legal Basis:
47 U.S.C. 151, 152, 225, and 620.

Section Number and Title:

64.601(a)(3) American Sign Language (ASL).

64.601(a)(9) [redesignated as 64.601(a)(10)] Common carrier or carrier.

64.601(a)(11) [redesignated as 64.601(a)(13)] Default provider.

64.601(a)(12) [redesignated as 64.601(a)(14)] Default provider change order.

64.601(a)(13) [redesignated as 64.601(a)(17)] Hearing carry over (HCO).

64.601(a)(15) [redesignated as 64.601(a)(22)] Internet Protocol Captioned Telephone Service (IP CTS).

64.601(a)(17) [redesignated as 64.601(a)(24)] IP Relay access technology.

64.601(a)(18) [redesignated as 64.601(a)(25)] iTRS access technology.

64.601(a)(24) [redesignated as 64.601(a)(30)] Original default provider.

64.601(a)(25) [redesignated as 64.601(a)(31)] Point-to-point video call.

64.601(b) Definitions and provisions of general applicability.

64.603(a) [cross-reference updated] Provision of Services.

64.604(a)(4) [redesignated as 47 CFR 9.14(a)], (a)(6) and (7), (c)(5)(ii), (c)(5)(iii)(C) redesignated as (c)(5)(iii)(D)], (c)(5)(iii)(F)(1) [cross-references updated], (c)(5)(iii)(F)(4) [cross-references updated], (c)(5)(iii)(L) through (N), (c)(6)(i) [cross-references updated], (c)(6)(iii)(B) [cross-references updated] Mandatory minimum standards.

64.605 [redesignated as 47 CFR 9.14(b)] Additional Operational

Standards Applicable to internet-Based TRS Providers; Emergency Calling Requirements.

64.606 [renumbered; previously 64.605] Internet-based TRS provider and TRS program Certification.

64.607 [renumbered; previously 64.606] Furnishing related customer premises Equipment.

64.608 [renumbered; previously 64.607] Provision of hearing aid compatible telephones by exchange carriers.

64.609 [renumbered; previously 64.608; cross-references updated] Enforcement of related consumer premises equipment rules.

64.610 [superseded by 64.6201 through 64.6219] Establishment of a National Deaf-Blind Equipment Distribution Program.

64.611 internet-based TRS registration.

64.613 Numbering directory for internet-based TRS users.

Subpart L—Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising

Brief Description:
In compliance with the requirements of the Junk Fax Prevention Act, the Commission amends § 64.1200(a)(3) of the Commission's rules to expressly recognize an EBR exemption from the prohibition on sending unsolicited facsimile advertisements. (The Commission correspondingly withdraws § 64.1200(a)(3)(i) of its rules from its existing rules, as facsimile senders will now be permitted to send facsimile advertisements to recipients with whom they have an EBR without first securing the recipient's written permission.)

Need:
Congress mandated that the Commission issue regulations implementing the Junk Fax Prevention Act of 2005. As set forth in the statute, the Commission: (1) codified an established business relationship (EBR) exemption to the prohibition on sending unsolicited facsimile advertisements; (2) provided a definition of an EBR to be used in the context of unsolicited facsimile advertisements that is not limited in duration; (3) required the sender of a facsimile advertisement to provide specified notice and contact information on the facsimile that allows recipients to “opt-out” of any future facsimile transmissions from the sender; and (4) specified the circumstances under which a request to “opt-out” complies with the Junk Fax Prevention Act of 2005.

Legal Basis:
47 U.S.C. 154, 254(k) secs. 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, and 254(k) unless otherwise noted.

Section Number and Title(s):

64.1200(a), (f) revised Delivery Restrictions.

Brief Description:
In a Report and Order,
Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Do-Not-Call Registry,
the Commission amends its rules under the TCPA to require sellers and/or telemarketers to honor registrations with the National Do-Not-Call Registry so that registrations will not automatically expire based on the current five-year registration period. Consistent with the Do Not Call Improvement Act of 2007 (DNC Act), the Commission extends this requirement indefinitely to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Registry to protect consumer privacy rights. The Commission concludes that eliminating the need for consumers to re-register their numbers will enhance consumer privacy protections and benefit the Federal government in administering the National Registry. Making registrations permanent adequately balances the need to maintain a high level of accuracy in the National Registry with the desire to have a simple and effective means to limit unwanted telemarketing calls.

Need:
The
DNC Report and Order
amends the Commission's rules so that registrations with the National Do-Not-Call Registry will not expire after a period of five years, consistent with the DNC Act and FTC policy. This action will benefit consumers, who will no longer be required to re-register every five years, thereby reducing any burdens on consumers in terms of the time and effort required to register and the need to remember when to re-register.

Legal Basis:
47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, and 254 (k), unless otherwise noted.

Section Number and Titles:

64.1200(c)(2) introductory text revised Delivery Restrictions.

Brief Description:
In this Report and Order,
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991,
the Commission requires prior express written consent for autodialed or prerecorded telemarketing calls to wireless numbers and for prerecorded telemarketing calls to residential lines. Second, the Commission eliminates the “established business relationship” exemption as it previously applied to prerecorded telemarketing calls to residential lines. Third, the Commission requires telemarketers to implement an automated, interactive opt-out mechanism for autodialed or prerecorded telemarketing calls to wireless numbers and for prerecorded telemarketing calls to residential lines, which would allow a consumer to opt out of receiving additional calls immediately during a telemarketing robocall. Fourth, the Commission requires that the permissible three percent call abandonment rate be calculated for each calling campaign, so that telemarketers cannot shift more abandoned calls to certain campaigns, as is possible if calculation is made across multiple calling campaigns. Finally, the Commission adopts an exemption to its implementing rules under the Telephone Consumer Protection Act (TCPA) for prerecorded health care-related calls to residential lines, which are already regulated by the Federal Health Insurance Portability and Accountability Act.

Need:
The Commission adopts prior express written consent for autodialed or prerecorded telemarketing calls to wireless numbers and for prerecorded telemarketing calls to residential lines only. Limiting the written consent requirement to telemarketing calls significantly reduces the compliance burden for all entities, including small entities. In adopting the written consent requirement for autodialed or prerecorded telemarketing calls to wireless numbers and for prerecorded telemarketing calls to residential lines, the Commission also concluded that consent obtained pursuant to the E-SIGN Act will satisfy the requirement of its revised rule, including permission obtained via an email, website form, text message, telephone keypress, or voice recording. Accepting consent pursuant to the E-SIGN Act relieves all businesses, including small entities, from the economic impact of generating and retaining a paper document to evidence their compliance.

Legal Basis:
47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 227, 228, 254(k), 616, and 620 unless otherwise noted.

Section Number and Titles:

64.1200(a) through (c), (f) revised Delivery Restrictions. [note that the 64.1200(a)(4)(iv) opt out requirement has been removed if permission/consent is for the fax].

Subpart P—Calling Party Telephone Number; Privacy

Brief Description:
These rule sections implement the Truth in Caller ID Act of 2009,
5

and prohibit any person or entity from knowingly spoofing caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value. Sections 1.80(a)(4), (b)(3) and (c) establish forfeiture provisions for violations of the Truth in Caller ID Act or the Commission's rules under the Truth in Caller ID Act. Sections 64.1600(c), (d), (g) and (h) set out definitions used in connection with the Truth in Caller ID rules. Section 64.1604 establishes the rule against transmission of inaccurate or misleading caller identification information and exceptions to the rule.

5
The President signed the Truth in Caller ID Act into law on December 22, 2010. Truth in Caller ID Act of 2009, Public Law 111-331, codified at 47 U.S.C. 227(e).

Need:
These rule sections carry out the Commission's statutory obligation to implement the Truth in Caller ID Act.

Legal Basis:
Section 2 of the Truth in Caller ID Act of 2009, Pub. L. 11-331; 47 U.S.C. 151, 154(i), 154(j), 227, and 303 (r).

Section Number and Title:

64.1600(c), (d), (g), (h) Definitions.

64.1604 Prohibition on transmission of inaccurate or misleading caller identification information.

Subpart U—Customer Proprietary Network Information

Brief Description:
These rules implement increased safeguards to the Commission's customer proprietary network information (CPNI) rule to protect customers' CPNI against unauthorized access and disclosure. Sections 64.2003(a), (b), (d), (m), (q), and (r) set out definitions of key terms used in the Commission's CPNI rules. Section 64.2003(k) extends the application of the Commission's CPNI rules to providers of interconnected VoIP service. Section 64.2009(e) requires carriers to file with the Commission an annual certification, including an explanation of any actions taken against data brokers and a summary of all consumer complaints received in the previous year regarding the unauthorized release of CPNI. Sections 64.2010(b), (c) and (d) restrict the release of call detail information in customer-initiated telephone contacts, requires mandatory password protection for online account access, and permits carriers to provide CPNI to customers based on in-store contact with a valid photo ID, respectively.
6

Section 64.2011 establishes a notification process for both law enforcement and customers in the event of a CPNI breach.
7

6
The Commission proposed to amend § 64.2010 to require wireless carriers to adopt secure methods of authenticating a customer before redirecting a customer's phone number to a new device and to immediately notify customers whenever a subscriber identity module (SIM) change request is made on a customers' accounts, and sought comment on other ways to protect customers from fraud related to SIM changes.
Protecting Customers from SIM Swap and Port-Out Fraud,
WC Docket No. 21-341, Notice of Proposed Rulemaking, 36 FCC Rcd 14120 (2021).

7
The Commission has proposed updates to § 64.2011 addressing telecommunications carriers' breach notification duties to ensure that affected customers, the Commission, and other Federal law enforcement agencies receive the information they need to mitigate and prevent harm due to a breach and take action to deter future breaches.
Data Breach Reporting Requirements,
WC Docket No. 22-21, Notice of Proposed Rulemaking, FCC 22-102 (2023).

Need:
These rules limit pretexters' ability to obtain unauthorized access to personal customer information from carriers the Commission regulates.

Legal Basis:
47 U.S.C. 151, 154(i)-(j), 222, and 303(r).

Section Number and Title:

64.2003(a), (b), (d), (m), (q), (r) Definitions.

64.2005(c)(3) Use of customer proprietary network information without customer approval.

64.2009(e) Safeguards required for use of customer proprietary network information.

64.2010 Safeguards on the disclosure of customer proprietary network information.

64.2011 Notification of customer proprietary network information security breaches.

PART 69—ACCESS CHARGES

Subpart A—General

Brief Description:
These rules implement measures to address the artificial stimulation of interstate switched access charges by requiring carriers, or groups of carriers, that engage in access stimulation to refile their tariffs to reflect lower rates for these services. Sections 69.3(e)(12)(i)-(iii) require local exchange carriers, or groups that include at least one local exchange carrier engaged in access stimulation, to: (1) file their own access tariffs, (2) withdraw from interstate access tariffs issued by the National Exchange Carrier Association, and (3) give notice of their intent to withdraw from the National Exchange Carrier Association tariffs within 45 days of beginning access stimulation. Section 69.1(d) provides that the provisions of Part 51—Interconnection, subparts H (Reciprocal Compensation for Transport and Termination of Telecommunications Traffic) and J (Transitional Access Service Pricing) control in the event of a conflict between those provisions and the provisions of part 69.

Need:
These rules help to curtail access stimulation, which imposes undue costs on consumers and inefficiently diverts capital away from more productive uses such as broadband deployment.

Legal Basis:
47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, and 403.

Section Number and Title:

69.1(d) Application of access charges.

69.3(e)(12)(i) through (iii) Filing of access service tariffs.

PART 73—RADIO BROADCAST SERVICES

Subpart A—AM Broadcast Stations

Brief Description:
These rules permit the use of computer modeling techniques to verify that directional AM antennas perform as authorized and reduce the time and expense associated with the license application for a directional AM station. They were adopted collectively by the Commission. (
An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification,
Second Report and Order and Second Further Notice of Proposed Rulemaking, FCC 08-228).

Need:
These rules are necessary because they are consistent with the Commission's streamlining initiatives, reduce the regulatory burden upon directional AM stations to the extent possible while maintaining the integrity of the service.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.61(a), (b) AM directional antenna field strength measurements.

Brief Description:
This rule addresses corrective actions an AM broadcast station licensee must take when encountering certain difficulties in the operation of a station's AM directional antenna. (
Amendment of the Commission's Rules Regarding AM Directional Antennas,
Report and Order, FCC 07-97)

Need:
These rules provide AM licensees with explicit guidance on operating AM broadcast stations with directional antennas.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.62 Directional antenna system operation and tolerances.

Brief Description:
These rules permit the use of computer modeling techniques to verify that directional AM antennas perform as authorized and reduce the time and expense associated with the license application for a directional AM station. They were adopted collectively by the Commission. (
An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification,
Second Report and Order and Second Further Notice of Proposed Rulemaking, FCC 08-228).

Need:
These rules are necessary because they are consistent with the Commission's streamlining initiatives, reduce the regulatory burden upon directional AM stations to the extent possible while maintaining the integrity of the service.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.68(a) revised, (b) Sampling systems for antenna monitors.

Brief Description:
These rules permit the use of computer modeling techniques to verify that directional AM antennas perform as authorized and reduce the time and expense associated with the license application for a directional AM station. They were adopted collectively by the Commission. (
An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification,
Second Report and Order and Second Further Notice of Proposed Rulemaking, FCC 08-228).

Need:
These rules are necessary because they are consistent with the Commission's streamlining initiatives, reduce the regulatory burden upon directional AM stations to the extent possible while maintaining the integrity of the service.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.151 introductory text and (c) Field strength measurements to establish performance of directional antennas.

73.155 Directional antenna performance recertification.

Subpart B—FM Broadcast Stations

Brief Description:
This rule implements procedures for allocating new FM channels and modifying the communities of license of existing radio stations. (
Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services,
Second Report and Order, FCC 06-163).

Need:
These rules are necessary to streamline the process of allocating new FM channels, modifying the communities of existing radio stations, and to reduce backlogs in proceedings to amend the FM Table of Allotments.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.202 Table of Allotments.

73.203 Availability of Channels.

Subpart C—Digital Audio Broadcasting

Brief Description:
These rules foster the development of a vibrant terrestrial digital radio service for the public and ensures that radio stations are able to successfully implement digital audio broadcasting. (
Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service,
Second Report and Order, FCC 07-33).

Need:
These rules are necessary for the operation of a terrestrial digital radio service.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.404 Interim hybrid IOBC DAB operation.

Subpart E—Television Broadcast Stations

Brief Description:
These rules provide procedures necessary to ensure that broadcasters were able to timely complete their transitions from analog to digital service and are able to continue to provide digital television service. They were adopted collectively by the Commission. (
Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,
Report and Order, FCC 07-228).

Need:
These rules ensured that full power broadcasters met their statutory obligation and deadline to convert to digital technology and viewers did not and do not lose service.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.616 Post-transition DTV station interference protection.

73.622(f)(4) Digital television table of allotments.

73.623(a) DTV applications and changes to DTV allotments.

73.624(d)(1) introductory text, (d)(1)(v) through (vii), (d)(3), (g) introductory text, (g)(2) Digital television broadcast stations.

Brief Description:
This rule extends the duration of certain licenses and construction permits, to conform to the new, June 12, 2009, digital television transition date. (
Implementation of the DTV Delay Act,
Second Report and Order, FCC 09-11).

Need:
These rules modify the tolling standard to extend to construction deadline if a station is unable to meet the digital television transition deadline due to international coordination with Mexico and Canada.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.624(d)(1)(vii), (3)(ii) and (iii) Digital television broadcast stations.

Brief Description:
This rule establishes an annual fee for the provision of certain ancillary and supplementary service provided by low power television stations converting to digital operations. (
Digital Low Power Television, Television Translator, and Television Booster Stations and To Amend Rules for Digital Class A Television Stations,
Second Report and Order, FCC 11-110).

Need:
This rule is necessary to fulfill the requirements of section 336 of the Communications Act of 1934 that the public recover a portion of the value of the public spectrum resource made available for commercial use, as well as to avoid unjust enrichment of broadcasters that use that resource.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.624(g) Digital television broadcast stations.

Brief Description:
These rules permit the use of distributed transmission system technologies in the digital television service. The rules allow DTV station licensees and permittees to use DTS technologies where feasible in place of a single transmitter to provide service as authorized. (
Digital Television Distributed Transmission System Technologies,
Report and Order, FCC 08-256).

Need:
These rules will help improve some DTV stations' ability to serve more of their viewers within their service areas. For example, we expect that DTS will be especially useful in mountainous areas where single transmitters have been unable to reach viewers in valleys or those blocked by elevated terrain.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.626 DTV distributed transmission systems.

Brief Description:
These rules modernize rules concerning children's

programming to include restrictions on displaying internet website addresses. They were adopted collectively by the Commission to modernize its rules implementing the Act in light of the Digital TV Transition. (
In the Matter of Children's Television Obligations Of Digital Television Broadcasters,
Second Order on Reconsideration and Second Report and Order, FCC 06-143).

Need:
These rules are necessary to ensure that the Commission's rules continue to respond the Congressional mandate in the Children's Television Act by protecting children from advertising directing them to internet sites.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.670(b) through (d), Note 1 Commercial limits in children's programs.

Brief Description:
These rules provide procedures necessary to ensure that broadcasters were able to timely complete their transitions from analog to digital service and are able to continue to provide digital television service. They were adopted collectively by the Commission. (
Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,
Report and Order, FCC 07-228).

Need:
These rules ensured that full power broadcasters met their statutory obligation and deadline to convert to digital technology and viewers did not and do not lose service.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.682(d) TV transmission standards.

Brief Description:
This rule makes mandatory a technical standard, developed by an industry standards development body, that is designed to prevent digital television commercial advertisements from being transmitted at louder volumes than the program material they accompany. (
Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act,
Report and Order, FCC 11-182).

Need:
This rule is necessary to implement the Commercial Advertisement Loudness Mitigation Act to protect viewers from excessively loud commercials.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.682(e), Note TV Transmission standards.

Brief Description:
This rule adopts a predictive model for determining the ability of individual locations to receive an over-the-air digital television broadcast signal at the intensity level needed for service through the use of an antenna. (
Satellite Television Extension and Localism Act of 2010 and Satellite Home Viewer Extension and Reauthorization Act of 2004,
Report and Order and Further Notice of Proposed Rulemaking, FCC 10-194).

Need:
This rule is necessary to fulfill the requirement of the Satellite Television Extension and Localism Act of 2010.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.683(d), (e) Field strength contours and presumptive determination of field strength at individual locations.

Brief Description:
This rule establishes measurement procedures for determining the strength of a digital broadcast television (DTV) signal at any specific location. These procedures are used for determining whether households are eligible to receive distant DTV network signals retransmitted by satellite carriers. (
Digital Television Signals Pursuant to the Satellite Home Viewer Extension and Reauthorization Act of 2004,
Report and Order, FCC 10-195).

Need:
These rules are necessary to fulfill the requirement of the Satellite Television Extension and Localism Act of 2010.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.684(d), (e) Field strength measurements.

Brief Description:
Section 73.686 sets forth the procedures for measuring the field strength of television broadcast stations. Paragraph (d) of this section governs the measurement of NTSC television signal intensity while paragraph (e) of this section governs the measurement of digital television (DTV) signal intensity.

Need:
These rules specify how field strength data must be collected for different types of television broadcast stations. This data is then used for propagation analysis. Accurate field strength measurement and propagation analysis are necessary to ensure that television broadcast stations operate as intended and do not cause harmful interference.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.686(d), (e) Field strength measurements.

Subpart G—Low Power FM Broadcast Stations (LPFM)

Brief Description:
These rules provide procedures and guidance to promote the operation and expansion of the low power FM (LPFM) service through its technical and ownership rules. (
Creation of a Low Power Radio Service,
Third Report and Order, FCC 07-204).

Need:
These rules help ensure the viability and success of the LPFM service.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.809(a), (b) Inference protection to full service FM stations.

73.853(b)(1) through (3) Licensing requirements and service.

73.865 Assignment and transfer of LPFM licenses.

73.870(f) Processing of LPFM broadcast station applications.

73.871(c)(2) through (4) Amendment of LPFM broadcast station applications.

73.872(c)(1) through (3) Selection procedure for mutually exclusive LPFM applications.

Subpart H—Rules Applicable to All Broadcast Stations

Brief Description:
This rule provides the required content that must be provided by a station as part of a broadcaster's official station identification. (
Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service,
Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, FCC 07-33).

Need:
These rules are necessary to ensure broadcast stations, including digital radio and television stations, properly identify themselves to the public.

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

Section Number and Title:

73.1201(b) Station identification.

Brief Description:
These rules require that television station public inspection files be made available in an online public file that is hosted on the Commission's website. (
Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children's Television Programming Report (FCC Form 398),
Second Report and Order, FCC 12-44).

Need:
These rules are necessary to provide guidance as to what documents must be maintained in a television station's online public file.

Legal Basis:
47 U.S.C. 154, 303, 307, and 554.

Section Number and Title:

73.1212(e) Sponsorship identification; list retention; related requirements.

Brief Description:
This rule addresses transmission system operations for broadcast television and radio stations.
(Amendment of the Commission's Rules Regarding AM Directional Antennas,
Report and Order, FCC 07-97)

Need:
These rules are necessary to ensure licenses maintain and operate a broadcast station in a manner that is consistent with the Commission's rules.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.1350 (b)(2), (d), and (e) Transmission System Operation.

Brief Description:
These rules provide procedures for processing and allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments. They were adopted collectively by the Commission. (
Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services,
Report and Order, FCC 06-163).

Need:
These rules are necessary to provide streamlined processes for allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.1690(b)(9) Modification of transmission systems.

Brief Description:
These rules require that television station public inspection files be made available in an online public file that is hosted on the Commission's website. (
Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children's Television Programming Report (FCC Form 398),
Second Report and Order, FCC 12-44).

Need:
These rules are necessary to provide guidance as to what documents must be maintained in a television station's online public file.

Legal Basis:
47 U.S.C. 154, 303, 307, and 554.

Section Number and Title:

73.1943(d) Political file.

Brief Description:
There rules afford eligible entities that acquire an expiring construction permit additional time to build out, revises the Commission's equity/debt plus attribution standard to facilitate investment in eligible entities, and adopts other policies to prevent discrimination in transactions and encourage diverse ownership in the broadcast industry. (
In the Matter of Promoting Diversification of Ownership in the Broadcasting Services,
Report and Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).

Need:
These rules were adopted to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.2090 Ban on discrimination in broadcast transactions.

Brief Description:
These rules require that television station public inspection files be made available in an online public file that is hosted on the Commission's website. (
Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children's Television Programming Report (FCC Form 398),
Second Report and Order, FCC 12-44).

Need:
These rules are necessary to provide guidance as to what documents must be maintained in a television station's online public file.

Legal Basis:
47 U.S.C. 154, 303, 307, and 554.

Section Number and Title:

73.2526(b), (e)(11)(i) Online public inspection file of commercial stations.

73.3527(b), (e)(8) Online public inspection file of noncommercial. educational stations.

Brief Description:
There rules afford eligible entities that acquire an expiring construction permit additional time to build out, revises the Commission's equity/debt plus attribution standard to facilitate investment in eligible entities, and adopts other policies to prevent discrimination in transactions and encourage diverse ownership in the broadcast industry. (
In the Matter of Promoting Diversification of Ownership in the Broadcasting Services,
Report and Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).

Need:
These rules were adopted to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3555 Note 2 Multiple ownership.

Brief Description:
This rule adopts a maximum aggregate national audience reach of any single television station owner and sets for procedures for divestiture in the even the specified national television ownership limit is reached. (Implementation of section 629 of the Consolidated Appropriations Act, 2004 (National Broadcast Television Ownership), Order, FCC 06-117).

Need:
These rules are necessary in furtherance of statute and to promote localism, competition, and diversity.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.3555 (e)(1), (e)(3) Multiple ownership.

Brief Description:
These rules provide procedures for processing and allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments. They were adopted collectively by the Commission. (
Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services,
Report and Order, FCC 06-163).

Need:
These rules are necessary to provide streamlined processes for allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.3571(a)(1), (j) Processing of AM broadcast station applications.

Brief Description:
This rule implements procedures designed to promote ownership and programming diversity, especially by Native American tribes, and to streamline processing of AM radio applications. (
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures,
Second Report and Order, FCC 11-28).

Need:
This rule is necessary to provide a process for filing and processing certain AM radio applications.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3571(h)(1)(ii) and note Processing of AM broadcast station applications.

Brief Description:
This rule implements procedures designed to promote ownership and programming diversity, especially by Native American tribes, and to streamline processing of AM radio applications. (
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures,
Report and Order and Further Notice of Proposed Rulemaking, FCC 10-24).

Need:
This rule is necessary to provide a process for filing and

processing certain AM radio applications.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3571(h)(4)(iii), (k) Processing of AM broadcast station applications.

Brief Description:
This rule implements a process to enable Class A television stations to complete the digital transition process. (
Digital Low Power Television, Television Translator, and Television Booster Stations and To Amend Rules for Digital Class A Television Stations,
Second Report and Order, FCC 11-110).

Need:
The rule is necessary to enable Class A stations to complete their transition from analog to digital operations.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3572(h) Processing of TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications.

Brief Description:
These rules provide procedures for processing and allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments. They were adopted collectively by the Commission. (
Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services,
Report and Order, FCC 06-163).

Need:
This rule is necessary to provide streamlined processes for allocating new FM channels, modifying the communities of license of existing radio stations, and amending the FM Table of allotments.

Legal Basis:
47 U.S.C. 154, 303, 309, 310, 334, and 336.

Section Number and Title:

73.3573(a)(1), Note 1, (g) Processing of FM broadcast station applications.

Brief Description:
These rules require that television station public inspection files be made available in an online public file that is hosted on the Commission's website. (
Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children's Television Programming Report (FCC Form 398),
Second Report and Order, FCC 12-44).

Need:
These rules are necessary to provide guidance as to what documents must be maintained in a television station's online public file.

Legal Basis:
47 U.S.C. 154, 303, 307, and 554.

Section Number and Title:

73.3580(d)(4)(i) and (ii) Local public notice of filing of broadcast applications.

Brief Description:
The rule provides for the construction period and manner of extending a construction permit for LPFM stations. (
Creation of a Low Power Radio Service,
Third Report and Order, FCC 07-204).

Need:
The rule was adopted to ensure the timely construction of LPFM stations while providing necessary flexibility.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3598(a) introductory text Period of construction.

Brief Description:
There rules afford eligible entities that acquire an expiring construction permit additional time to build out, revises the Commission's equity/debt plus attribution standard to facilitate investment in eligible entities, and adopts other policies to prevent discrimination in transactions and encourage diverse ownership in the broadcast industry. (
In the Matter of Promoting Diversification of Ownership in the Broadcasting Services,
Report and Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).

Need:
These rules were adopted to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3598(a)(1) through (3) Period of construction.

Brief Description:
These rules provide procedures necessary to ensure that broadcasters were able to timely complete their transitions from analog to digital service and are able to continue to provide digital television service. They were adopted collectively by the Commission. (
Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television,
Report and Order, FCC 07-228).

Need:
These rules ensure that full power broadcasters met their statutory obligation and deadline to convert to digital technology and viewers did not and do not lose service.

Legal Basis:
47 U.S.C. 154, 303, 334 and 336.

Section Number and Title:

73.3598(a), (b) Period of construction.

Brief Description:
This rule extends the duration of certain licenses and construction permits, to conform to the new, June 12, 2009, digital television transition date. (
Implementation of the DTV Delay Act,
Second Report and Order, FCC 09-11).

Need:
These rules modify the tolling standard to extend to construction deadline if a station is unable to meet the digital television transition deadline due to international coordination with Mexico and Canada.

Legal Basis:
47 U.S.C. 154, 303, 334, and 336.

Section Number and Title:

73.3598(b)(3) Construction Period

Brief Description:
This rule includes reporting requirements on FCC Form 323, “Ownership Report for Commercial Broadcast Stations” to improve Form 323 data collection in order to obtain an accurate, reliable, and comprehensive assessment of minority and female broadcast ownership in the United States. (
Promoting Diversification of Ownership in the Broadcasting Services,
Report and Order, FCC 09-33).

Need:
These rules help improve Form 323 data collection in order to obtain an accurate, reliable, and comprehensive broadcast ownership in the United States.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.3615(a) Ownership reports.

Subpart I—Procedurs for Competitive Bidding and for Applications for Noncommerical Educational Broadcast Stations on Non-Reserved Channels

Brief Description:
These rules implement procedures designed to promote ownership and programming diversity, especially by Native American tribes, and to streamline processing of AM and FM applications. (
Policies To Promote Rural Radio Service and To Streamline Allotment and Assignment Procedures,
Report and Order and Further Notice of Proposed Rulemaking, FCC 10-24).

Need:
These rules are necessary in order to set procedures for competitive bidding and applications for noncommercial educational broadcast stations on non-reserved channels.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.5002(c) Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion.

73.5005(a) Filing of long-form applications.

73.5007(a), Note 1 Designated entity provisions.

Brief Description:
The rule implements methods to facilitate

investment in eligible entities and encourage diverse ownership in the broadcast industry. (
In the Matter of Promoting Diversification of Ownership in the Broadcasting Services,
Report and Order and Third Further Notice of Proposed Rulemaking, FCC 07-217).

Need:
These rules were adopted to expand opportunities for participation in the broadcasting industry by new entrants and small businesses, including minority- and women-owned businesses.

Legal Basis:
47 U.S.C. 154, 303, 334, 336, and 339.

Section Number and Title:

73.5008(c) Definitions applicable for designated entity provisions.

Subpart J—Class A Television Broadcast Stations

Brief Description:
These rules permit the use of distributed transmission system technologies in the digital television service. The rules allow DTV station licensees and permittees to use DTS technologies where feasible in place of a single transmitter to provide service as authorized. (
Di

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-20561. Public record. Not legal advice.