Regulatory Flexibility Act Plan for Periodic Review of the Commission's Rules and Regulations

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter 1

Regulatory Flexibility Act Plan for Periodic Review of the

Commission's Rules and Regulations

AGENCY: Federal Communications Commission.

ACTION: Advance notice of proposed rule making.

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SUMMARY: This action establishes a plan for the review of FCC

regulations pursuant to the requirements of the Regulatory Flexibility

Act of 1980 (94 Stat. 1164, Public Law 96-354, September 19, 1980) 5

U.S.C. Sec. 610. The Appendix specifies the Commission's rules that

will be reviewed during calendar year 1995. Any revision to this plan

will be published in the Federal Register.

DATES: Comments on the rules chosen for review are due February 27,

1995.

ADDRESSES: Comments should be submitted to: Secretary, Federal

Communications Commission, 1919 M Street, NW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Terry Johnson, Office of Managing Director, (202) 418-0445.

SUPPLEMENTARY INFORMATION: Pursuant to the published plan, specific

regulations which may require amendment or rescission will be published

and provision will be made for comments by interested parties.

1. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.

Sec. 610, the Commission hereby publishes this plan for the review of

all rules issued by the agency in calendar year 1985 which have, or

will have, a significant economic impact on a substantial number of

small entities. The purpose of the review will be to determine whether

such rules should by continued without change, or should be amended or

rescinded, consistent with the stated objectives of applicable

statutes, to minimize any significant economic impact of such rules

upon a substantial number of small entities.

2. The accompanying Appendix lists the FCC regulations to be

reviewed during calendar year 1995. In succeeding years, lists will be

published for the review of regulations promulgated ten years preceding

the year of review.

3. In reviewing each rule under this plan to minimize significant

economic impact on small entities consistent with the stated objectives

of applicable statutes, the FCC will consider the following factors:

(1) The continued need for the rule;

(2) The nature of complaints or comments received concerning the

rule from the public;

(3) The complexity of the rule;

(4) 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

(5) The length of time since the rule has been evaluated or the

degree to which technology, economic conditions, or other factors have

changed in the area affected by the rule.

4. Appropriate information has been provided for each rule

including a brief description of the rule and the need for and legal

basis of the rule. Pursuant to the Regulatory Flexibility Act, the

public is invited to comment on the rules chosen for review within 60

days from December 28, 1994. All relevant and timely comments will be

considered by the Commission before final action is taken in this

proceeding. To file formally in this proceeding, participants must file

an original and four copies of all comments. If participants wish each

Commissioner to have a personal copy of their comments, an original

plus nine copies must be filed. Comments should be sent to the Office

of the Secretary, Federal Communications Commission, Washington, DC

20554. Comments will be available for public inspection during regular

business hours in the FCC Reference Center (room 239) of the Federal

Communications Commission, 1919 M Street, NW., Washington, DC 20554.

5. It is ordered that, the Secretary shall send a copy of this

notice to the Chief Counsel for Advocacy of the Small Business

Administration pursuant to the Regulatory Flexibility Act. Pub. L. No.

96-354, Stat. 1164, 5 U.S.C. Sec. 601 et seq. (1981).

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

Appendix--List of Rules for Review Pursuant to Section 610(c) of the

Regulatory Flexibility Act of 1980, 5 U.S.C. 610(c) for 1995

Office of Engineering and Technology

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

Subpart A--Terminology

Need: These rules define terms used in this rules section.

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

Section Number and Title Description:

2.1 Terms and definitions.

Subpart B--Allocations, Assignments, and Use of Radio Frequencies

Need: These rules provide for the allocation of radio spectrum.

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

Section Number and Title Description:

2.106 Table of Frequency Allocations.

Subpart I--Marketing of Radiofrequency Devices

Need: These rules provide for authorization of radiofrequency

devices.

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

Section Number and Title Description:

2.809 Exemption for ISM equipment.

Subpart J--Equipment Authorization Procedures

Need: These rules provide for authorization of radio frequency

devices.

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

Section Number and Title Description:

2.977 Changes in notified equipment.

2.983 Application for type acceptance.

2.1001 Changes in type accepted equipment.

2.1033 Application for certification.

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

Subpart A--General Information

Need: These rules prescribe guidelines for the Industrial,

Scientific, and Medical service.

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

Section Number and Title Description:

18.101 Basis and purpose.

18.103 Organization and applicability of the rules.

18.105 Other applicable rules.

18.107 Definitions.

18.109 General technical requirements.

18.111 General operating conditions.

18.113 Inspection by Commission representatives.

18.115 Elimination and investigation of harmful interference.

18.117 Report of interference investigation.

18.119 Importation.

Subpart B--Applications & Authorizations

Need: These rules prescribe the qualifications required for the

Industrial, Scientific, and Medical service.

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

Section Number and Title Description:

18.201 Scope.

18.203 Equipment authorization.

18.205 Description of measurement facilities.

18.207 Technical report.

18.209 Identification of authorized equipment.

18.211 Multiple listing of a device.

18.213 Information to the user.

Subpart C--Technical Standards

Need: These rules prescribe rules for equipment used in the

Industrial, Scientific, and Medical service.

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

Section Number and Title Description:

18.301 Operation frequencies.

18.303 Prohibited frequency bands.

18.305 Radiation limits.

18.307 Conduction limits.

18.309 Frequency range of measurements.

18.311 Methods of measurements.

Common Carrier Bureau

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

Subpart B--Applications and Licenses

Need: These rules describe general application filing requirements

for licenses in the Domestic Public Fixed Radio Services.

Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.28 Dismissal and return of applications

21.29 Ownership changes and agreements to amend or to dismiss

applications or pleadings

21.30 Opposition to applications

21.31 Mutually exclusive applications

21.32 Consideration of applications

21.35 Comparative evaluation of mutually exclusive applications

Subpart C--Technical Standards

Need: These rules prescribe technical operating standards for

stations in the Domestic Public Fixed Radio Services.

Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.108 Directional Antennas

21.113 Quiet zones

Subpart I--Point-to-Point Microwave Radio Service

Need: This rule describes operating parameters for Point-to-Point

Microwave Radio Service licensees.

Legal Basis: 47 U.S.C. Secs. 154, 303, 397-310

Section Number and Title Description:

21.703 Bandwidth and emission limitations

Subpart J--Local Television Transmission Service

Need: This rule describes operating parameters for Local Television

Transmission Service licensees.

Legal Basis: 47 U.S.C. Secs. 154, 303, 307-310

Section Number and Title Description:

21.801 Frequencies

Mass Media Bureau

PART 73--RADIO BROADCAST SERVICES

Subpart A--AM Broadcast Stations

Need: These rules contain operating procedures and technical

requirements for AM radio stations.

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

Section Number and Title Description:

73.61 AM directional antenna field strength measurements.

73.62 Directional antenna system tolerances.

73.154 AM directional antenna partial proof of performances

measurements.

73.157 Antenna testing during daytime.

Subpart C--Noncommercial Educational FM Broadcast Stations

Need: These rules contain operating procedures and technical

requirements for noncommercial educational FM radio stations.

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

Section Number and Title Description:

73.509 Prohibited overlap.

73.511 Power and antenna height requirements.

73.525 TV Channel 6 protection.

73.599 NCE-FM engineering charts.

Subpart E--Television Broadcast Stations

Need: These rules contain operating procedures and technical

requirements for broadcast television stations.

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

Section Number and Title Description:

73.615 Administrative changes in authorizations.

73.646 Telecommunications Service on the Vertical Blanking

Interval.

Subpart H--Rules Applicable To All Broadcast Stations

Need: These rules contain operating procedures and technical

requirements for all types of broadcast stations.

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

Section Number and Title Description:

73.1635 Special temporary authorizations (STA).

73.3526 Local public inspection file of commercial stations.

73.3527 Local public inspection file of noncommercial educational

stations.

73.3534 Applications for extension of construction permit to

replace expired construction permit.

73.3535 Application to modify authorized but unbuilt facilities, or

to assign or transfer control of an unbuilt facility.

73.3542 Application for emergency authorization.

73.3598 Period of construction.

73.3599 Forfeiture of construction permit.

PART 74--EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND OTHER

PROGRAM DISTRIBUTIONAL SERVICES

Subpart E--Aural Broadcast Auxiliary Stations

Need: These rules contain operating procedures and technical

requirements for aural broadcast auxiliary stations.

Legal Basis: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as

amended; 47 U.S.C. 154, 303, 554.

Section Number and Title Description:

74.550 Equipment authorization.

74.562 Frequency monitors and measurements.

Subpart I--Instructional Television Fixed Service

Need: These rules contain operating procedures and technical

requirements for instructional television fixed service stations.

Legal Basis: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as

amended; 47 U.S.C. 154, 303, 554.

Section Number and Title Description:

74.910 Part 73 application requirements pertaining to ITFS

stations.

74.911 Processing of ITFS station applications.

74.912 Petitions to deny.

74.913 Selection procedure for mutually exclusive ITFS

applications.

Cable Services Bureau

PART 76--CABLE TELEVISION SERVICE

Subpart A--General

Need: These rules provide definitions and procedures applicable to

the provision of cable television service.

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

Section Number and Title Description:

76.11 Lockbox enforcement.

Subpart E--Equal Employment Opportunity Requirements

Need: These rules implement the Cable Communications Policy Act of

1984, which set a national cable equal employment opportunity policy.

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

Section Number and Title Description:

76.71 Scope of application.

74.73 General EEO policy.

74.75 EEO program requirements.

74.77 Reporting requirements.

74.79 Records available for public inspection.

Subpart I--Forms and Reports

Need: These rules require cable operators to furnish and/or correct

information requested by the Commission.

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

Section Number and Title Description:

73.403 Cable television system reports.

Subpart K--Technical Standards

Need: These rules prescribe technical signal quality standards for

cable television.

Legal Basis: 47 U.S.C. Secs. 154, 303, 601.

Section Number and Title Description:

76.604 Technical standards.

76.610 Operation in the frequency bands 108-137 and 225-400 Mhz--

Scope of application.

76.611 Cable television basic signal leakage performance criteria.

76.612 Cable television frequency separation standards.

76.614 Cable television system regular monitoring.

76.615 Notification requirements.

76.616 Operation near certain aeronautical and marine emergency

radio frequencies.

76.618 Grandfathering.

76.619 Grandfathered Operation in the frequency bands 108-136 and

225-400 MHz.

PART 78--CABLE TELEVISION RELAY SERVICE

Subpart B--Applications and Licenses

Need: These rules prescribe the licensing, filing, and reporting

requirements for applicants for and licensees of Cable Television Relay

Service.

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

Section Number and Title Description:

78.15 Contents of applications.

78.19 Interference.

78.20 Acceptance of applications; public notice.

78.22 Objections to applications.

78.23 Equipment tests.

78.27 License conditions.

78.35 Assignment or transfer of control.

Subpart C--General Operating Requirements

Need: These rules prescribe operation of CARS stations.

Legal basis: 47 U.S.C. Secs. 151, 152, 301, 307.

Section Number and Title Description:

78.51 Remote control operation.

78.53 Unattended operation.

78.61 Operator requirements.

78.63 Inspection and maintenance of tower marking and association

control equipment.

78.69 Station records.

Subpart D--Technical Regulations

Need: These rules prescribe technical standards for CARS stations.

Legal Basis: 47 U.S.C. Secs. 4(i), 301, 303r.

Section Number and Title Description:

78.105 Antenna systems.

78.107 Equipment and installation.

78.113 Frequency monitors and measurements.

[FR Doc. 94-31719 Filed 12-27-94; 8:45 am]

BILLING CODE 6712-01-M