Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services

SUMMARY: In this document the Commission consolidates its licensing

rules into a single set of rules for all wireless radio services. The

Commission establishes a streamlined set of rules that minimizes filing

requirements; eliminates redundant, inconsistent, or unnecessary

submission requirements; and assures ongoing collection of reliable

licensing and ownership data. The intended effect is to facilitate the

development and use of the universal licensing system in the wireless

telecommunications services.

DATES: Effective February 12, 1999, except for Secs. 90.683, 90.763,

101.61, 87.347, 101.701, 22.709(b)(2), 22.803(b)(2), 22.929(b)(2),

22.875(d)(5), 80.511, 80.21, 80.513, 80.605, 80.533, 87.215, 90.625,

80.33, 80.53, 80.469, and 22.105 which contain modified information

collection requirements and will not become effective until approved by

the Office of Management and Budget. The FCC will publish a document

announcing the effective date of these sections in the Federal

Register.

FOR FURTHER INFORMATION CONTACT: Wilbert E. Nixon, Jr., Policy and

Rules Branch, Commercial Wireless Division, Wireless Telecommunications

Bureau, at (202) 418-7240 or Susan Magnotti, Policy and Rules Branch,

Public Safety and Private Wireless Division, Wireless

Telecommunications Bureau, at (202) 418-0871.

SUPPLEMENTARY INFORMATION: This Report and Order in WT Docket No. 98-

20, WT Docket No. 96-188, and RM-8677 adopted September 17, 1998 and

released October 21, 1998, is available for inspection and copying

during normal business hours in the FCC Reference Center, 445 Twelfth

Street, SW, Washington DC. The complete text may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., 1231 20th Street, NW, Washington DC 20036 (202) 857-3800. The

document is also available via the internet at http://www.fcc.gov/

Bureaus/Wireless/Orders/1998/index.html.

Synopsis of Report and Order

I. Introduction

In this Report and Order (R&O), the Commission consolidates,

revises, and streamlines the rules governing application procedures for

radio services licensed by the Wireless Telecommunications Bureau (WTB

or Bureau). This R&O will facilitate the Commission's ongoing

development of Universal Licensing System (ULS), an integrated database

and automated processing system to support electronic filing of

applications, collection of licensing information, and public access to

such information for all wireless services licensed by the Bureau. The

Commission is replacing eleven separate WTB licensing databases with a

new integrated licensing system and database. ULS will support full

electronic filing of all licensing-related applications and other

filings associated with such applications (e.g., amendments and

modifications, waiver requests, and applications for transfer and

assignment of licenses). The Commission consolidates the wireless radio

services licensing rules in a single section of part 1, to the extent

practicable.

In addition, ULS will make licensing information both more

accessible and more usable by Commission staff in carrying out our

regulatory responsibilities. Similarly, ULS will enhance the

availability of licensing information to the public, which will have

on-line access to ULS by dialing into the Commission's wide area

network (WAN) and using any World Wide Web (WWW) browser. License

applicants will be charged normal filing fees for filing applications

under ULS, but will save time and resources by filing electronically.

For other uses of ULS, e.g., persons performing research, the

Commission will charge for on-line access. These charges will be

limited to the amount necessary solely to recover the Commission's

costs of maintaining ULS, including the cost of protecting the security

of the system from outside tampering.

ULS will provide greater access to persons with disabilities. ULS

will incorporate several features that will enable persons with

disabilities to use the electronic filing and public access functions.

The technical support hotline will have Text Telephone capabilities for

the hearing impaired. ULS will allow sight impaired individuals access

to Interactive Voice Response Technology, which will allow applicants

to determine the status of pending license applications through a touch

tone telephone.

II. Discussion

A. Electronic Filing and New Forms

1. Consolidation of Application Forms

Background. Presently there are over 40 different forms used in the

WTB application and licensing process. The Commission replaces them

with four new forms that have been developed specifically for ULS: FCC

Forms 601, 602, 603, and 605.

Discussion. These forms are: (1) FCC Form 601 (Long-form

Application for Authorization) will replace the Form 600, and will be

used by the majority of applicants to file initial license

applications, as well as filings for modification, renewal, special

temporary authority, or other routine applications. (2) FCC Form 602

(Wireless Telecommunications Bureau Ownership Form) will be used to

submit initial and updated ownership information for those wireless

radio services that require the submission of such information. (3) FCC

Form 603 (Application for Assignment of Authorization) will be used for

requesting approval of assignment of licenses and transfers of control

of licensees, including partitioning and disaggregation requests. (4)

FCC Short Form 605 (Short-Form Application for Authorization in the

Ship, Aircraft, Amateur, Restricted, and General Mobile Radio Services,

as well as for Commercial Radio Operator Licenses) will be used as a

short-form application for applicants who are not presently required to

submit extensive technical data to receive a license.

The Commission eliminates the separate long-form filing requirement

for winning bidders after the completion of an auction. Parties can

routinely file a single application to authorize all licenses won at

auction. The Commission will continue to use the auction short-form

application (FCC Form 175) and the antenna registration form (FCC Form

854).

2. Mandatory Electronic Filing

Background. ULS has the capability to accept electronically filed

applications in all wireless radio services. The Commission's has

consistently encouraged electronic filing. With the advent of ULS, the

Commission will have the ability to accept electronic filing of all

forms used for wireless radio services.

Discussion. The Commission will require mandatory electronic filing

for all services that are licensed by auction.

[[Page 68905]]

This approach is consistent with our prior decision in the Part 1 Third

Report and Order to require electronic filing for FCC Form 175

applications filed prior to auction and for FCC Form 601 applications

filed after the auction by winning bidders. This decision will expand

mandatory electronic filing to include other types of applications in

auctionable wireless services, including transfer and assignment

applications, renewals, license modifications, waiver requests, and

notifications. Mandatory electronic filing will apply to licensees in

services subject to auction even if the particular license was not

acquired by auction, e.g., cellular and paging licensees who obtained

their licenses by lottery must file license-related applications and

notifications electronically when these mandatory filing requirements

take effect. Mandatory electronic filing also applies to common carrier

services which are not subject to auction because they operate on

shared spectrum (e.g., CMRS licenses operating on shared 929 MHz paging

channels or Business Radio frequencies below 800 MHz). Common carriers

generally have the resources and technical capacity to support

electronic filing.

We will not impose the mandatory filing requirements adopted in

this order for services that are subject to licensing by auction and

for common carrier services subject to auction until (1) July 1, 1999,

or (2) six months after application processing in ULS begins for that

service, whichever is later. The Wireless Bureau will continue to

release service-specific public notices announcing the relevant

commencement date for the processing of applications in ULS. This

transition period will provide a reasonable time for wireless services

applicants and licensees to make the transition to electronic filing.

Manual filing will continue to be an option for applicants and

licensees in the following categories: (1) The Part 90 Private Land

Mobile Radio services for shared spectrum, spectrum in the public

safety pool below 746 MHz, and spectrum in the public safety allocation

above 746 MHz (however, Commission-certified frequency coordinators

must file electronically; see the following paragraph); (2) the Part 97

Amateur Radio Service (however, Volunteer Examination Coordinators must

file electronically; see the following paragraph); (3) the Part 95

General Mobile Radio Service and Personal Radio Service (excluding 218-

219 MHz Service licenses); (4) the Part 80 Maritime Services (excluding

the VHF 156-162 MHz Public Coast Stations); (5) the Part 87 Aviation

Services; (6) Part 13 Commercial Radio Operators; and (7) Part 101

licensees who are also members of any of the foregoing classes. This

decision could be subject to future modification. We may extend

mandatory electronic filing to any wireless service where we find that

electronic filing is both operationally feasible and cost-effective for

licensees and applicants in that service. Adoption of mandatory

electronic filing requirements for such services will not require

further notice and comment, but we will provide at least six months

public notice before such a requirement will take effect.

The Commission also notes that in a number of the above services,

wireless applications must be coordinated prior to being filed and are

often filed by the frequency coordinator on the applicant's behalf.

Therefore, where frequency coordinators or other Commission-certified

entities such as Amateur Radio volunteer examiner-coordinators (VECs)

must file such applications must be filed electronically. Electronic

filing by coordinators will also provide an alternative for wireless

services applicants and licensees who are reluctant to file

electronically themselves, and will increase the Commission's

processing efficiency because a large percentage of applications will

be filed by frequency coordinators.

The Commission recognizes that some applicants may not have access

to computers with the hardware and capability to use the software

necessary to submit their applications electronically, particularly

since electronic filing will be accomplished by dial-in procedures and

not over the Internet. We will maintain computers at our Washington,

D.C., offices for the public to use to perform research and file forms

or pleadings electronically.

3. Copy and Microfiche Requirements

Discussion. The Commission eliminates the current copy and

microfiche requirements. Whether applications or pleadings are filed

electronically or manually, all information will be available online to

interested parties. After implementation of ULS, any data that is filed

manually will be entered or scanned as necessary.

4. Filing of Pleadings Associated with Applications

Discussion. The Commission will allow electronic filing of

pleadings regarding wireless radio service applications. ULS has the

ability to allow interested parties to file pleadings electronically,

including petitions to deny, petitions for reconsideration,

applications for review, comments and subsequently filed pleadings

related to such filings. ULS allows waiver requests to be filed

electronically on FCC Forms 601, 603 or 605. Parties submitting

pleadings via ULS must serve paper copies on all interested parties.

5. Letter Requests

Background. The Commission's rules currently permit licensees in

some wireless services to request certain actions by letter instead of

with a formal application filing. Each year WTB receives thousands of

letter requests which must be processed manually. In addition, section

308(a) of the Communications Act of 1934, as amended (Communications

Act) states that formal applications are not required during national

emergencies or under other exceptional circumstances (Special

Situations), 47 U.S.C. 308(a). This provision is not to be confused

with the filing of requests for special temporary authority under

section 309(f) of the Communications Act, 47 U.S.C. 309(f).

Discussion. The Commission eliminates letter filings for

applications, modifications, renewals, amendments, extensions,

cancellations, special temporary authorizations, and name and address

changes, except for the Special Situations set forth in section 308(a)

of the Communications Act. The forms are widely available to the public

on the FCC's web page, via toll free telephone number, and through a

fax-on-demand service, and their use will be far less burdensome for

the public than drafting a letter request. Using a form instead of a

letter will also enable Commission staff to handle requests more

quickly and accurately. The Commission also notes that even if manually

filed the ULS form is more likely than a letter to be sent directly to

the appropriate Bureau and division for processing. Licensees may still

request special temporary authority by telephone or FAX for emergencies

or natural disasters. There will be no fees for use of the forms for

non-feeable requests, such as an address change.

B. Standardization of Practices and Procedures for WTB Applications and

Authorizations

1. Overview--Consolidation of Procedural Rules in Part 1

Background. In the past, the Commission has adopted service-

specific rules and procedures for processing applications in each

wireless service, which are for the most part set

[[Page 68906]]

forth in separate rule parts pertaining to each service.

Discussion. The Commission consolidates the existing procedural

rules for the wireless radio services into unified rules, located in

part 1, that will be tailored to the new ULS database. Moreover, the

Commission proposes to eliminate unnecessary or outdated procedural

rules and conform inconsistent procedures to the extent feasible. The

Commission notes that adopting a single set of procedural rules

tailored to ULS will also make the licensing process more efficient and

user-friendly. For example, applicants seeking multiple licenses in the

same service or in more than one service will be able to submit basic

licensee information (e.g., name, address, ownership information) only

once, and ULS can automatically incorporate this information into all

subsequent applications associated with the same applicant.

2. Standardization of Major and Minor Filing Rules

Background. Under current WTB rules, the standards for

distinguishing between major and minor filings, particularly amendments

to applications and modifications of licenses, have been addressed on a

service-specific basis. The distinction between major and minor filings

has significant procedural consequences in the application process,

because a major amendment to an application causes the application to

be considered newly filed, while a minor amendment generally has no

impact on the filing date. A major amendment may be subject to an

additional public notice period (where public notice is required) or

deemed untimely filed if the new filing date falls outside a filing

window. Major modifications are subject to the same public notice

requirements as initial applications, and typically require prior

Commission approval even where public notice is not required. Minor

modifications, by contrast, do not trigger public notice obligations

and often do not require prior Commission approval.

Discussion. The Commission hereby adopts a single rule in part 1

that defines categories of major and minor changes for purposes of

defining whether an amendment to an application or a request for

license modification is major or minor. The Commission does not revise

the types of applications which require public notice or frequency

coordination. Some differentiation between services remains necessary

based on whether they are licensed on a geographic area basis or a

site-specific basis, provided it complies with the basic operational

and technical rules applicable to the service. Therefore, the

Commission has adopted a rule that accounts for the differences in

geographic licensing and site-by-site licensing.

We define certain actions as major changes for all wireless

services, regardless of whether the service is licensed geographically

or on a site-specific basis. We also clarify our consolidated rule to

maintain consistency with our current service-specific rules for major

and minor changes. Such major changes include initial and renewal

applications, non-pro forma transfers and assignments (include

partitioning and disaggregation requests), applications that have

significant environmental effect, applications requiring frequency

coordination, and applications requesting an additional frequency or a

frequency block that is not currently licensed to the applicant. Most

site-based mobile services (e.g., paging, SMR) licensees may make

changes to internal sites without Commission notice or approval

provided that they do not expand the service area or interference

contour of the system as a whole. Any request requiring frequency

coordination will be considered a major modification including both

CMRS and PMRS systems.

With respect to fixed point-to-point, point-to-multipoint, and

multipoint-to-multipoint services licensed on a site-specific basis, we

adopt additional criteria for distinguishing major and minor changes

that are based on the distinctive technical characteristics of these

wireless services. We will treat multiple minor modifications as major

if the cumulative effect of these modifications would be a major change

to the system. We will require microwave licensees filing minor

modifications to certify on Form 601 that the minor modifications do

not give rise to a cumulative major modification.

We will allow licensees to implement all minor changes, as defined

in the consolidated rule, without prior Commission approval. Licensees

must notify the Commission within thirty days of implementing the

change. We define as minor changes all amendments to applications and

license modifications that are not specifically defined in our rule as

major. These minor changes include but are not limited to: (1) Any pro

forma transfer or assignment; (2) any name change not involving a

change in ownership or control of the license; (3) changes to

administrative information, e.g., address, telephone number, or contact

person; or (4) conversion of multiple site-specific licenses into a

single wide-area license, where there is no change in the licensee's

composite interference contour or service area. Prior approval

continues to be required for pro forma assignments and transfers that

are not subject to the Commission's forbearance policy, and for

conversion of multiple site-specific licenses into a single wide-area

license.

3. Submission of Ownership Information

Background. The existing service-specific rules contain varying

requirements for submission of ownership information by wireless

applicants and licensees. In the Part 1 Third Report and Order, the

Commission required all applicants for licenses or for consent to

assignment or transfer of licenses in auctionable services to provide

specific ownership information with either their short-form (FCC Form

175) or long-form application (FCC Form 601). See 47 CFR 1.2112(a).

Discussion. ULS provides an opportunity to streamline the

Commission's ownership disclosure requirements. The Commission adopts a

consolidated rule governing all submissions of ownership information by

wireless applicants and licensees. The Commission will use the new Form

602 as the common form on which all wireless applicants and licensees,

subject to competitive bidding, submit required ownership information.

Common carrier licenses are subject to auction under section 309(j) of

the Act where mutual exclusivity exists. Common carrier licensees,

including CMRS licensees operating on shared spectrum, who acquired

their licenses by lottery or by other means besides auction are subject

to these ownership reporting requirements when they apply for

assignment, transfer, or renewal of a license. Entities applying for an

initial license, renewal of license, and non-pro forma assignment or

transfer of control, would file FCC Form 602 simultaneously with the

relevant license application (FCC Form 175, 601, and 603). An applicant

would need to submit only a single FCC Form 602 in connection with

multiple applications and could reference the same information in all

future applications without refiling the form. Licensees would also use

FCC Form 602 to provide amended or updated ownership information when

they reported the consummation of a pro forma assignment of license or

transfer of control on FCC Form 603.

The Commission eliminates all duplicative and inconsistent

reporting

[[Page 68907]]

requirements in service-specific rule parts that deal with auctionable

services, e.g, the reporting requirements in part 22. The Commission

may require different or more specific ownership information where

circumstances warrant; e.g., applicants seeking small business

eligibility for auction purposes must typically file more detailed

information regarding ownership and financial structure.

The Commission concludes that there is no need to extend ownership

reporting requirements (FCC Form 602) to applicants and licensees of

governmental entities or to applicants and licensees in private, non-

auctionable services. The completion of FCC Form 602 is also deemed

unnecessary for the Amateur or General Mobile Radio Services or for

Commercial Radio Operators, because these services are essentially

personal in nature.

4. Frequency Coordination of Amendment and Modification Applications

Background. In services requiring frequency coordination in parts

90 and 101 there are differing rules pertaining to coordination for

amendments and modifications that involve substantial engineering

changes to applications. Section 90.175 of the Commission's rules

identifies numerous changes that do not require frequency coordination.

However, section 101.103(d) of the rules requires all applicants

seeking to amend applications or modify their authorizations to obtain

a new frequency coordination.

Discussion. The Commission amends section 101.103 by requiring

frequency coordination only for those applicants and licensees filing

amendments and modifications that involve changes to technical

parameters that are classified as major. Licensees making minor changes

to technical parameters would only be required to notify the

Commission, as well as its frequency coordinator of the minor change.

5. Returns and Dismissals of Incomplete or Defective Applications

Background. Currently, incomplete or incorrectly filed applications

are returned and/or dismissed in accordance with service-specific

rules. ULS will reduce filing errors by assisting applicants who file

electronically to fill in all required information. ULS will

interactively check that required elements of applications are

completed and prompt applicants to correct errors. The Commission

anticipates that this system, in combination with the consolidated

rules proposed herein, will result in a higher percentage of grantable

applications and help to ensure the integrity of the data in the

licensing database.

Discussion. The Commission conforms its filing rules for all

wireless radio services applicants so that batch, interactive, and,

where applicable, manual filers will be subject to the same

requirements and procedures for defective or incomplete applications.

Interactively filed applications will be screened in real time by the

ULS system; therefore, errors will be unlikely but may occur in some

instances where erroneous information is entered. In the case of batch

and manually filed applications, incomplete or erroneous filings will

not be detected until after the application is filed.

We adopt a consolidated rule in Part 1 governing the filing of

incomplete or otherwise defective applications in all wireless

services. Under the consolidated rule, as under existing rules, the

Commission has the discretion to return applications for correction of

minor filing errors, but it also has the authority to dismiss any

incomplete or defective application without prejudice. The Commission

will automatically dismiss any application that is defective because

the applicant failed to sign the application, failed to pay the

required filing fee, or filed outside of the applicable filing window.

To ensure equivalent treatment of electronically batch-filed or

manually filed applications that are unsigned, untimely, or not fee-

compliant, such applications will be automatically dismissed by ULS

after they are initially entered into the system. The Commission will

remove those sections of the rules that provided for return and

correction of applications with errors.

The Commission will also dismiss batch-filed and manually filed

applications with other types of defects that are automatically

screened by ULS when an application is interactively filed, e.g.,

missing technical data or technical parameters that are inconsistent

with the rules (where no waiver request is filed). Such dismissal will

be without prejudice to the right of the applicant to refile, provided

the relevant application window remains open. While we will generally

dismiss defective or incomplete applications, we retain the discretion

to return an application for correction if circumstances warrant. In

such cases, we will return the application to the applicant. The

applicant will then have thirty days from the date the notification is

sent to file an amended application correcting the defect. We also

delete those service-specific rules that provided a longer period for

applicants to submit corrections.

When an application is returned for correction, the Commission will

hold the application for the designated period so that a corrected

application may be filed. If the applicant files a timely corrected

application, it will ordinarily be processed as a minor amendment in

accordance with the Commission's rules. Thus, it will have no effect on

the initial filing date of the application or the applicant's filing

priority. If, however, the amendment made by the applicant is not a

simple correction but constitutes a major amendment to the application,

it will be governed by the rules and procedures applicable to major

amendments, i.e., it will be treated as a new application with a new

filing date. Finally, if the applicant fails to submit an amended

application within the period specified in the notification, the

application will be subject to dismissal for failure to prosecute.

The Commission also defined how ULS will handle confidential

attachments. To ensure that these attachments are kept confidential in

ULS, the Commission adopts the following security measures: (1) Any

attachment designated as confidential will not be accessible from

publicly available query utilities; and (2) a special user name and

password will be required for Commission employees to view confidential

attachments. To provide the same treatment under ULS as under the

current system, the Commission proposes that if the request for

confidential treatment is denied, the applicant would be informed and

the attachments in question be deleted from the ULS database.

6. Discontinuation of ``Reinstatement'' Applications

Background. Presently, licensees in the Private Land Mobile

Services and Fixed Microwave Radio Services who do not file a timely

renewal application are given a 30-day period following the expiration

of their licenses in which to request reinstatement. See 47 CFR

1.926(c). This practice is inconsistent with other wireless radio

service licensing rules where reinstatement is not permitted. See,

e.g., 47 CFR 22.145.

Discussion. The Commission will provide pre-expiration letters of

reminder to all wireless radio services licensees by regular mail. The

Commission thereby eliminates the reinstatement period in those

services that currently allow reinstatement applications. This change

does not affect the five-year grace period within

[[Page 68908]]

which holders of Commercial Radio Operator licenses may renew expired

licenses without retaking the required examination. See 47 CFR

13.13(b). Specifically, the Commission will send letters of reminder to

all wireless radio service licensees, both site-specific and geographic

area licensees, 90 days before the expiration of their licenses. Under

the newly adopted rules: (1) Licensees will receive notification that

their licenses are about to expire and, therefore, should be

responsible for submitting timely renewal applications; and (2)

interactive electronic filing will make it easier for all licensees to

timely file renewal applications. In addition, Commission forms are

widely available to the public on the FCC's web page, http://

www.fcc.gov/formpage.html; via toll free telephone number, 1-800-418-

3676; through fax-on-demand service, (202) 418-0177; and via a toll

free TTY number, 202-418-7238. We will not implement this decision to

eliminate reinstatement applications for any wireless service until (1)

July 1, 1999, or (2) six months after the commencement of application

processing in ULS for that service, whichever is later. This transition

period will provide a reasonable time for applicants and licensees to

familiarize themselves with this procedure.

Although a license expires automatically on the date specified on

the individual license, ULS will not show a license expiration as final

until approximately thirty days after the renewal deadline. After the

license expiration the previous licensee may file a new application for

use of those frequencies subject to any service specific rules. Once

that thirty-day period has elapsed, or the prior holder of the license

files a new application for that spectrum, the license will then be

available for the Commission to reassign by competitive bidding or

other means according to the rules of the particular service.

7. Construction and Coverage Verification

Background. In all wireless radio services, licensees are subject

to construction and, in some instances, coverage requirements, and are

subject to automatic license cancellation if these requirements are not

met. Different procedures have evolved in different services for

verifying whether licensees have in fact met these requirements.

Discussion. Licensees may also construction notifications

electronically using FCC Form 601. The Commission will send each

licensee via regular mail a reminder letter 90 days before the

applicable construction or coverage deadline. Licensees would then

verify that they have met these requirements by updating their FCC Form

601 already on file with ULS. The Commission notes that the

notification procedure proposed is not intended to replace the basic

construction and coverage requirements. Thus, even if a licensee does

not receive a reminder letter, it remains obligated to meet its

construction and coverage benchmarks and cannot site the lack of

notification as an excuse for non-compliance.

The Commission will require notifications filed by wireless radio

services licensees, subject to competitive bidding, to be filed

electronically. Licensees, exempt from mandatory electronic filing,

must file their notifications manually on Form 601. If a licensee does

not file the required notification of completion of construction or

satisfaction of the coverage requirements, ULS will send a letter

advising the licensee of the termination of the authorization. ULS will

then generate a public notice announcing the termination, which would

be deemed final 30 days after the public notice date.

The Commission hereby requires wireless radio licensees to certify

compliance with construction requirements relating to modification

applications that involve additional frequencies. The Commission also

requires fixed microwave licenses awarded on a site-by-site basis to

certify compliance with construction requirements for additional or

increased service area coverage (e.g., a new station, a change in

antenna height or EIRP). In addition, the Commission amends section

101.63 of the rules, 47 CFR 101.63, to require fixed microwave

licensees to file a further modification application if they fail to

construct a granted modification.

We will not implement this decision on construction notification

for any wireless service until (1) July 1, 1999, or (2) six months

after the commencement of application processing in ULS for that

service, whichever is later. This transition period will provide a

reasonable time for applicants and licensees to familiarize themselves

with this procedure.

8. Assignments of Authorization and Transfers of Control

Background. The Communications Act requires the Commission to

approve assignments of licenses and transfers of control of licensees.

See 47 U.S.C. 310(d). In the wireless radio services, the Commission

currently process applications for proposed assignments and transfers

of control in two ways. Following the approval of the assignment or

transfer, the licensee must then file a notification with the

Commission that the transaction has been consummated, at which point

the Bureau amends its licensing database. We note that we recently

exercised our forbearance authority for certain pro forma transfers of

control and assignments or licenses involving telecommunications

service providers licensed by the Wireless Telecommunications Bureau.

Discussion. The Commission hereby consolidates the transfer and

assignment rules for all wireless services in part 1, and eliminates

inconsistencies between the procedures that currently govern CMRS and

microwave licenses. First, the Commission proposes to replace the

multiple existing forms for transfers and assignments in the various

services with FCC Form 603 for assignment of licenses and transfers of

control. See proposed rule 47 CFR 1.948.

The Commission hereby conforms the rules with respect to post-

transaction notification that a Commission-approved transfer or

assignment has been consummated. The Commission will require post-

consummation notification prior to changing the database to reflect the

grant. See proposed rule 47 CFR 1.948. With the advent of ULS, the

post-consummation notification process for all wireless licensees

should be efficient and simple. Using the electronic filing

capabilities of the system, licensees will provide such notification by

accessing their previously filed Form 603 associated with a transaction

and entering updated information regarding its consummation. The

Commission will require post-consummation notification under ULS using

procedures similar to those currently applicable to CMRS transfers and

assignments. The Commission also concludes that these notification

procedures should be reinstated for transfers and assignments of

microwave licenses since the burden of filing such notifications will

be substantially reduced.

In the case of pro forma transfers and assignments involving

telecommunications carriers licensees will provide the required post-

consummation notification on the FCC Form 603. Applicants will also

file FCC Form 603 to request an extension of time for the consummation

of a transaction.

9. Change to North American Datum 83 Coordinate Data

Background. To perform its licensing role, WTB requires that

certain

[[Page 68909]]

applicants submit coordinate data with their applications. In these

rules, applicants are required to submit coordinate data using the 1927

North American Datum (NAD27) geographical survey. A more recent North

American Datum (NAD83) was completed in 1983, which provides updated

coordinate data. NAD83 was adopted as the official coordinate system

for the United States in 1989.

Discussion. The Commission concludes that use of NAD83 would

conform best with current Federal Aviation Administration regulations

which require the use of NAD83 data. All wireless radio services

application processing rules requiring the submission of site

coordinate data are revised to require that all applicants and

licensees use NAD83 datum for sites located in the coterminous United

States and Alaska. Additionally, the Commission hereby requires site

coordinate data for sites in areas such as Hawaii, Puerto Rico, the

South Pacific Islands, etc., be submitted using WGS84. Adoption of this

proposal would conform the rules with those of the FAA.

10. Use of Taxpayer Identification Numbers

Background. In 1996, Congress enacted the Debt Collection

Improvement Act as part of an effort to increase collection from

private entities of delinquent government debts. See Omnibus

Consolidated Rescissions and Appropriations Act of 1996, Public Law No.

104-34, Chapter 10, 110 Stat 1321, 1321-1358 (1996) (DCIA). As a result

of DCIA, the Commission and executive agencies are required to monitor

and provide information about their regulatees to the U.S. Treasury.

This provision includes a requirement that the Commission collect

Taxpayer Identifying Numbers (TIN) and share them with the U.S.

Treasury to ensure that the Commission does not refund monies to

entities that have an outstanding debt with the federal government.

TINs are 9-digit identifiers required of all individuals and employers

to identify their tax accounts. Individuals use their Social Security

Number as their TIN. Therefore, for the purposes of this R&O, the term

``Taxpayer Identification Number'' shall mean ``Social Security

Number'' for individuals. Employers use their Employer Identification

Number (EIN) as their TIN. TINs are an integral part of the DCIA system

and are necessary for the collection of delinquent debt owed to federal

agencies. The TIN matches payment requests with delinquent information.

As a result, federal agencies have been required to share the TINs of

payment recipients since April 26, 1996, the effective date of DCIA.

The DCIA requires that agencies obtain the TIN from any person or

entity doing business with the agency.

Discussion. The Commission concludes that all applicants and

licensees, including attributable interest holders must submit a TIN as

a prerequisite for using ULS and the Bureau should use TINs as the

unique identifier for such parties. Parties submitting manually filed

applications must supply their TIN on their application form because

all such applications will be placed on ULS and a TIN is necessary to

track these applications. Parties filing applications using ULS must

complete Form 606 to register their TIN. Members of the public do not

need to register a TIN to search the ULS database.

Therefore, for the purposes of implementing the ULS system, based

upon the foregoing discussion and applicable statutes and regulations,

the requirement for the TIN will operate as follows: first, all

applicants for licenses and all licensees must register their TIN with

this Commission through ULS; second, the real party in interest and/or

the entity having actual or de facto control of any applicant or

licensee, however such control may be manifested or styled, must supply

its TIN; applicants and licensees who must identify officers,

directors, and holders of ownership interests in the license of 10

percent or greater pursuant to section 1.2112(a) must supply the TINs

of such officers, directors, and interest holders. See 47 CFR 1.2112.

The Commission will take a number of steps to prevent the TINs

submitted from being misappropriated. First, TINs will not be available

to the public. Applicants and licensees are cautioned to provide TINs

only in the appropriate space on the form--and not on attachments.

Second, only a small number of Commission employees would have access

to TIN information in conjunction with their work. Finally, a Privacy

Act submission will be published in the Federal Register to obtain the

requisite public and Congressional comment and OMB approval prior to

implementation of ULS.

C. Collection of Licensing and Technical Data

1. Overview

Background. The Commission identifies certain existing data

collection requirements and licensing requirements that no longer serve

a useful purpose or that can be further streamlined. The Commission

realizes that technical data is needed in certain situations (e.g., for

coordination between adjacent geographic areas, for enforcement

purposes, or to improve our overall management of the spectrum) and

that some licensees may be required to submit more detailed information

than previously required.

Discussion. To standardize the information required of those

services licensed by geographic service area and in order to allow

consistent treatment of licenses in similar situations, the Commission

removes certain reporting requirements. The Commission removes the site

notification requirement from Part 101 for LMDS geographic licenses, as

well as from the Part 90 rules pertaining to auctioned 220 MHz and 800

MHz geographic licenses. Geographic area licenses are instead required

to maintain site information as part of their station records.

The Commission continues to require all licenses to comply with

existing procedures for environmental, quiet zone, and FAA approval of

specific antenna sites where required by service rules. The Commission

delegates to the Wireless Bureau authority, once ULS is implemented, to

consider additional information collection requirements that can be

eliminated.

2. Use of Notification or Certification in Lieu of Informational

Filings

Discussion. The Commission replaces many data or other

informational filing requirements with either certification or

notification, where appropriate. An example of a new certification

requirement in lieu of an information filing requirement can be found

in proposed section 101.701, which requires common carrier fixed

microwave licensees to certify that substantial non-private use is

being made of facilities used to relay broadcast television signals.

The Commission changes some informational filings to notification. An

example of a new notification requirement in lieu of an informational

filing is in proposed section 101.305, where non-dominant common

carriers planning to discontinue service must give electronic

notification of discontinuance to the Commission. The use of the

notification and certification processes will substantially reduce the

administrative burdens on the Commission and the filing burdens on

applicants and licensees.

[[Page 68910]]

3. Public Mobile Radio Service Data Requirements

Background. Under part 22 of the Commission's rules, applicants for

certain Public Mobile Radio Service licenses are required to file

antenna model, manufacturer, and type with the Commission. See 47 CFR

22.529(b)(2). Unserved area applicants in the Cellular Radiotelephone

Service are required to submit paper copies of (1) an application

cover; (2) transmittal sheet; (3) table of contents; and (4) numerous

engineering exhibits.

Discussion. The Commission finds that the collection of technical

antenna information requirements for certain Public Mobile Radio

Service applicants and licensees is unnecessary and that certain paper

exhibits are no longer needed from unserved area applicants in the

Cellular Radiotelephone Service. The Commission eliminates these

requirements, but continues to require licensees to maintain the

information as part of their station records and to provide it to

licensees and applicants upon request. Unserved cellular area

applicants will continue to provide maps. See 47 CFR 22.959.

4. Fixed Microwave Service Data Requirements

Discussion. Effective August 1996, the Commission consolidated all

regulations concerning fixed microwave services from parts 21 and 94 of

the Commission's rules into a single consolidated part 101, eliminating

and combining a number of rules. Fixed microwave service applicants are

required to file the following four items of technical information:

type acceptance number, line loss, channel capacity, and baseband

signal type for each application. See 47 CFR 101.21. The Commission

finds that this information is unnecessary for licensing purposes and

eliminates these requirements. The Commission does not eliminate other

technical information requirements, including those associated with

DEMS nodal stations applications and the identification of transmitter

sites.

5. Maritime and Aviation Services Data Requirements

Discussion. Presently, applicants for certain types of station

licenses in the Maritime and Aviation radio services are required to

submit written showings with their applications in order to provide

specific information concerning eligibility, to verify frequency

coordination, or to show that the U.S. Coast Guard or Federal Aviation

Administration approves of the operation of the proposed station. The

Commission eliminates various rules which currently require applicants

to attach the types of showings and coordination statements described

above. Instead, applicants and licensees must certify that certain

information is correct or that appropriate coordination has taken place

in lieu of these written showings. In cases where applications involve

safety of life at sea or in air navigation, the Commission reserves the

right to contact applicants to obtain additional information where such

action serves the public interest. The Commission eliminates the

prohibition against assigning ship and aircraft station licenses, so

long as applicants provide updated information concerning the stations

in question upon application for assignment.

Section 87.305 requires flight test station applications to include

a statement from a frequency advisory committee, including detailed

technical information to be specified at the time of licensing. The

Commission continues to require this independent frequency coordinator

statement for flight test station applicants.

6. Commercial Radio Operator License Data Requirements

Discussion. Commission-licensed Commercial Radio Operators serve as

radio officers aboard U.S. vessels, repair and maintain maritime or

aviation radio equipment, and use international maritime and aviation

frequencies to communicate with foreign stations. In order to obtain a

license, an applicant must contact a Commission-certified examination

manager, pass one or more written tests, obtain a proof of passing

certificate (PPC) from the examination manager, and provide the

original PPC to the Commission upon application for a license. See 47

CFR 13.9. In order to further the goal of electronic automation while

best serving the public interest, the Commission allows applicants to

use the current procedure for first filings, renewals, and modification

applications. For a new license, the applicant must file Form 605 and

mail the PPC to the processing office in Gettysburg, Pennsylvania. For

renewals, the applicant need only file Form 605, since no attachment is

required. With respect to PPC verification by COLE Managers, the

current procedures will remain intact.

The Commission will implement changes to the Temporary Operator

Permit section in Schedule ``D'' of Form 605 in a future version of the

form. In addition, the Commission will consider in a future proceeding

whether there are more efficient methods of verifying PPCs other than

manual submissions. However, the Commission is not mandating electronic

filing for Commercial Radio Operators at this time.

7. Amateur Radio Services

Background. The United States has reciprocal arrangements with 65

countries to allow amateur operators to operate their stations

temporarily in the other country. The Commission currently grants

annually some 2,000 reciprocal permits for alien amateur licensee (FCC

Form 610-AL) to amateur operators from those countries. The visitor

must obtain the application form (FCC Form 610-A)--which is often

difficult to do in a foreign country--and file it with the Commission.

No standards are required of these applicants other than possession of

the license document issued by their country of citizenship. There is

no fee. The FCC-issued permit simply confirms that the holder of the

permit also holds a license from his or her home country. No permit is

required for Canadian amateur operators who visit the United States

because they are authorized to operate by rule. See CFR 97.5(c)(2),

97.7(b).

Discussion. The Commission concludes that the license from any

foreign country with which the United States has reciprocity would

stand as the proof that the foreign operator is qualified for the

reciprocal operating authority, and authorizes all reciprocal operation

by rule. This decision incorporates and resolves an existing

rulemaking, WTB Docket No. 96-188, on the implementation of two pending

international reciprocal operating arrangements--the European

Conference of Postal and Telecommunications Administrations (CEPT)

radio-amateur license, and the Inter-American Convention on an

International Amateur Radio Permit (CITEL). No citizen of the United

States, regardless of any other citizenship held, is eligible under

this authorization procedure, and continues to have to acquire an FCC-

issued amateur operator license by passing the requisite examinations.

The Commission sets the operation privileges granted and the

station identification requirements; discusses the requirements of

Commission-authorized amateur operator U.S. citizens who wish to

operate in a member country; and establishes a framework for the

International Amateur Radio Union to issue, with coordination from the

Department of State, the necessary International Amateur Radio Permit

for United States

[[Page 68911]]

citizens to operate amateur stations in CITEL countries. The Commission

also eliminates the one-year term for an alien reciprocal permit.

Currently, the Commission processes annually some 1,500

applications for new, renewed, and modified amateur service club,

military recreation, and radio amateur civil emergency service

(``RACES'') station grants. ULS provides an opportunity to utilize the

electronic batch filing services provided by the private sector. The

Commission adopts its plan to use the services of any organization

meeting the minimum requirements of section 4(g)(3)(B) of the

Communications Act that completes a pilot electronic autogrant batch

filing project similar to that completed by the 16 volunteer-examiner

coordinators (``VECs''). These eligible private sector entities are

required to provide these services on a volunteer, uncompensated and

unreimbursed basis. In response to commenters' suggestions, the

Commission also adopts changes to the amateur service application form,

FCC Form 605, to incorporate the Physician's Certification of

Disability.

8. General Mobile Radio Service

Background. The GMRS is a land mobile radio service for short-

distance two-way communications. It is used to facilitate the personal

or business activities of licensees and their immediate family members.

All 23 GMRS channels are shared and no frequency coordination is

required.

Discussion. The Commission streamlines the GMRS rules to collect

the minimum amount of information necessary to serve the Commission's

regulatory purpose and to eliminate those rules that are hortatory,

unenforceable, or redundant. The Commission authorizes stations to

transmit on any authorized channel from any geographical location when

the FCC regulates communication, required licensees to submit only

basic contact information, and removed or relocated rules pertaining to

antenna requirements, permissible communications, and management of

GMRS systems. The Commission retains the limit on the use of the 467

MHz channels for transmissions through repeaters.

III. Conclusion

In this proceeding, the Commission consolidates the licensing rules

into a single set of rules for all wireless radio services. The

Commission establishes a streamlined set of rules that minimizes filing

requirements as much as possible; eliminates redundant, inconsistent,

or unnecessary submission requirements; and assures ongoing collection

of reliable licensing and ownership data. These consolidated rules will

eliminate duplication and inconsistencies that exist in the rules and

will make it easier for applicants to determine our application

requirements by referencing a single set of licensing rules. Such

consolidation will allow ULS to function more efficiently and provide

licensing information to members of the public. The Commission also

believes that ULS will shorten application filing times for applicants,

make the most recent data available.

IV. Procedural Matters and Ordering Clauses

A. Regulatory Flexibility Act

Final Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act (``RFA''), an Initial

Regulatory Flexibility Analysis (``IRFA'') was incorporated in the

Notice of Proposed Rule Making, 63 FR 12013, Mar. 12, 1998, in WT

Docket No. 98-20. The Commission sought written public comment on the

proposals in the Notice of Proposed Rule Making, including comment on

the IRFA. This Final Regulatory Flexibility Analysis (``FRFA'') in the

Report and Order conforms to the RFA, as amended by the Contract With

America Advancement Act of 1996 (``CWAAA''), Public Law No. 104-121,

110 Stat. 847 (1996). The Commission received one comment on the IRFA.

A. Need for and objectives of this Report and Order. In this

rulemaking. the Commission consolidates, revises, and streamlines its

rules governing license application procedures for radio services

licensed by the Wireless Telecommunications Bureau (WTB or Bureau).

These rule changes will enable WTB to fully implement the Universal

Licensing System (ULS), the Commission's new automated licensing system

and integrated database for wireless services. The Commission also

adopts new consolidated application forms to enable all wireless

licensees and applicants to file applications electronically using the

ULS. Finally, we establish procedures to ensure a smooth transition

from our pre-existing licensing processes to the processes developed

for ULS.

B. Summary of significant issues raised by public comments in

response to the Initial Regulatory Flexibility Analysis (IRFA). SBT was

the only entity to comment directly on our IRFA. It contends we did not

assess the impact our proposed rules would have on the following

groups: law firms, engineers, consultants, application preparation

services and computer repair service firms. These groups typically act

as intermediaries for applicants, and are not directly impacted by our

rules. In the ULS Notice, we identified the nature of wireless services

that may be affected by the proposed rules. Moreover, we specifically

identified proposals in the ULS Notice intended to minimize the

possible significant economic impact of our rules on small entities.

Those groups identified by SBT are encompassed within our estimates of

affected entities, as they work on behalf of the actual applicants. In

addition, SBT has made racial, constitutional, and equity arguments

over the effects of mandatory electronic filing. These arguments have

been rendered moot since we decided to forego such a requirement until

the ULS is fully tested and operational in all services.

Mandatory Electronic Filing: We will require mandatory electronic

filing for all services that are licensed by auction. However, we will

not impose mandatory filing for any wireless service until (1) July 1,

1999, or (2) six months after application processing in ULS begins for

that service, whichever is later. Some commenters urge the Commission

to exempt certain services or classes of users from mandatory

electronic filing. As discussed, supra, we agree that licensees in many

services consist primarily of individuals, small businesses, or public

agencies that may lack resources to convert quickly to electronic

filing. Therefore, manual filing will continue to be an option for

applicants and licensees in the following categories: (1) The Part 90

Private Land Mobile Radio services for shared spectrum, spectrum in the

public safety pool below 746 MHz, and spectrum in the public safety

allocation above 746 MHz (however, Commission-certified frequency

coordinators must file electronically); (2) the Part 97 Amateur Radio

Service (however, Volunteer Examination Coordinators must file

electronically); (3) the Part 95 General Mobile Radio Service and

Personal Radio Service (excluding 218-219 MHz licenses); (4) the Part

80 Maritime Services (excluding the VHF 156-162 MHz Public Coast

Stations); (5) the Part 87 Aviation Services; (6) Part 13 Commercial

Radio Operators; and (7) Part 101 licensees who are also members of any

of the foregoing classes. We note, however, that this decision could be

subject to future modification.

Pleadings Associated with Applications: As discussed, supra, we

agree with FCBA's concern that some entities may not have computers and

the appropriate software to electronically file pleadings. Electronic

filing of

[[Page 68912]]

pleadings in ULS will be optional, not mandatory.

Letter Requests: In the ULS Notice, we sought comment on whether

the public interest would be better served by requiring ULS forms be

used rather than accepting letter requests. SBT contends letter

requests should continue to be an option, especially for those

representing themselves. However, we conclude that in order to have a

universal licensing system, we must require standardized data fields

and have access to the correct and complete data to enter into those

fields. Letter requests simply do not provide information in a format

that is suitable for ULS. We have taken this action to simplify the

process for licensees, reduce time-consuming, resource-intensive review

by FCC staff to determine the purpose of STAs and letter requests, and

increase the public's assess to information.

On-line Charges: In the ULS Notice, we stated that a online charge

will be applied to those using the ULS to retrieve licensing or mapping

information, and that such charges will be limited to the recovery of

maintenance costs. License applicants will not be subject to an on-line

charge, but will continue to be responsible for normal filing fees. SBT

asks that we ensure that such costs are not prohibitive for small

business. The determination of any online fees will be addressed in a

separate proceeding which will take into consideration the effect of

such a charge on small business.

ULS Accessibility: SBT also contends that the Commission's web and

FTP sites are often not available during the weekends, when small

businesses are most likely to access these services. We disagree.

Although the sites are sometimes taken down to add new features or to

address technical problems, this is done for only a brief time when

usage is generally the lowest. For the most part, the public has

uninterrupted access to our electronic services 24 hours a day, all

year round. As more features are built into the system, applicants and

licensees will be able to conduct virtually all of their Commission-

related business from their home computers.

C. Description and estimate of the number of small entities to

which rules will apply. The RFA directs agencies to provide a

description of and, where feasible, an estimate of the number of small

entities that will be affected by our rules. See 5 U.S.C. 603(b)(3);

604(a)(3). The RFA generally defines the term ``small entity'' as

having the same meaning as the terms ``small business,'' ``small

organization,'' and ``small governmental jurisdiction.'' See 5 U.S.C.

601(6). In addition, the term ``small business'' has the same meaning

as the term ``small business concern'' under Section 3 of the Small

Business Act. See 5 U.S.C. 601(3). Under the Small Business Act, a

``small business concern'' is one which: (1) is independently owned and

operated; (2) is not dominant in its field of operation; and (3) meets

any additional criteria established by the Small Business

Administration (SBA). See 15 U.S.C. 632.

The rule changes will affect all small businesses filing new

wireless radio service license applications or modifying or renewing an

existing license. The Commission estimates the following number of

small entities may be affected by the rule changes:

1. Cellular Radiotelephone Service

The Commission has not developed a definition of small entities

applicable to cellular licensees. Therefore, the applicable definition

of small entity is the definition under the SBA rules applicable to

radiotelephone companies. This definition provides that a small entity

is a radiotelephone company employing no more than 1,500 persons. See

13 CFR. 121.201. The size data provided by the SBA does not enable us

to make a meaningful estimate of the number of cellular providers which

are small entities because it combines all radiotelephone companies

with 1000 or more employees. The 1992 Census of Transportation,

Communications, and Utilities, conducted by the Bureau of the Census,

is the most recent information available. This document shows that only

twelve radiotelephone firms out of a total of 1,178 such firms which

operated during 1992 had 1,000 or more employees. Therefore, even if

all twelve of these firms were cellular telephone companies, nearly all

cellular carriers were small businesses under the SBA's definition. The

Commission assumes, for purposes of this FRFA that nearly all of the

current cellular licensees are small entities, as that term is defined

by the SBA.

The most reliable source of information regarding the number of

cellular service providers nationwide appears to be data the Commission

publishes annually in its Telecommunications Industry Revenue report,

regarding the Telecommunications Relay Service (TRS). The report places

cellular licensees and Personal Communications Service (PCS) licensees

in one group. According to the data released in November, 1997, there

are 804 companies reporting that they engage in cellular or PCS

service. It seems certain that some of these carriers are not

independently owned and operated, or have more than 1,500 employees;

however, the Commission is unable at this time to estimate with greater

precision the number of cellular service carriers qualifying as small

business concerns under the SBA's definition. For purposes of this

FRFA, the Commission estimates that there are fewer than 804 small

cellular service carriers.

2. Broadband and Narrowband PCS

Broadband PCS. The broadband PCS spectrum is divided into six

frequency blocks designated A through F. The Commission has defined

``small entity'' in the auctions for Blocks C and F as a firm that had

average gross revenues of less than $40 million in the three previous

calendar years. See 47 CFR 24.720(b)(1). This definition of ``small

entity'' in the context of broadband PCS auctions has been approved by

the SBA. The Commission has auctioned broadband PCS licenses in blocks

A through F. Of the qualified bidders in the C and F block auctions,

all were entrepreneurs. Entrepreneurs was defined for these auctions as

entities, together with affiliates, having gross revenues of less than

$125 million and total assets of less than $500 million at the time the

FCC Form 175 application was filed. Ninety bidders, including C block

reauction winners, won 493 C block licenses and 88 bidders won 491 F

block licenses. For purposes of this FRFA, the Commission assumes that

all of the 90 C block broadband PCS licensees and 88 F block broadband

PCS licensees, a total of 178 licensees, are small entities.

Narrowband PCS. The Commission has auctioned nationwide and

regional licenses for narrowband PCS. There are 11 nationwide and 30

regional licensees for narrowband PCS. The Commission does not have

sufficient information to determine whether any of these licensees are

small businesses within the SBA-approved definition for radiotelephone

companies. At present, there have been no auctions held for the major

trading area (MTA) and basic trading area (BTA) narrowband PCS

licenses. The Commission anticipates a total of 561 MTA licenses and

2,958 BTA licenses will be awarded in the auctions. Given that nearly

all radiotelephone companies have no more than 1,500 employees, and

that no reliable estimate of the number of prospective MTA and BTA

narrowband licensees can be made, the Commission assumes, for purposes

of this FRFA, that all of the licenses will be awarded to

[[Page 68913]]

small entities, as that term is defined by the SBA.

3. 220 MHz Radio Services

The Commission is currently auctioning licenses in the 220-222 MHz

band. The license blocks include five licenses in each of the 172

Economic Areas (EAs) and three EA-like areas; five licenses in six

Economic Area groupings (EAGs); and three Nationwide licenses,

comprising the same territory as all of the EAG combined. A small

business for this auction is defined as an entity with average annual

gross revenues of not more than $15 million for the preceding three

years; and very small business is a firm with average annual gross

revenues of not more than $3 million for the preceding three years. See

47 CFR 90.1021. Given that nearly all radiotelephone companies employ

no more than 1,500 employees, for purposes of this FRFA the Commission

will consider the approximately 3,800 incumbent licensees as small

businesses under the SBA definition.

4. Paging

The Commission has proposed a two-tier definition of small

businesses in the context of auctioning geographic area paging licenses

in the Common Carrier Paging and exclusive Private Carrier Paging

services. Under the proposal, a small business will be defined as

either (1) an entity that, together with its affiliates and controlling

principals, has average gross revenues for the three preceding years of

not more than $3 million; or (2) an entity that, together with

affiliates and controlling principals, has average gross revenues for

the three preceding calendar years of not more than $15 million. Since

the SBA has not yet approved this definition for paging services, the

Commission will utilize the SBA definition applicable to radiotelephone

companies, i.e., an entity employing no more than 1,500 persons. At

present, there are approximately 24,000 Private Paging licenses and

74,000 Common Carrier Paging licenses. According to Telecommunications

Industry Revenue data, there were 172 ``paging and other mobile''

carriers reporting that they engage in these services. Consequently,

the Commission estimates that there are fewer than 172 small paging

carriers. The Commission estimates that the majority of private and

common carrier paging providers would qualify as small entities under

the SBA definition.

5. Air-Ground Radiotelephone Service

The Commission has not adopted a definition of small business

specific to the Air-Ground radiotelephone service. See 47 CFR 22.99.

Accordingly, the Commission will use the SBA definition applicable to

radiotelephone companies, i.e., an entity employing no more than 1,500

persons. There are approximately 100 licensees in the Air-Ground

radiotelephone service, and the Commission estimates that almost all of

them qualify as small entities under the SBA definition.

6. Specialized Mobile Radio (SMR)

The Commission awards bidding credits in auctions for geographic

area 800 MHz and 900 MHz SMR licenses to firms that had revenues of no

more than $15 million in each of the three previous calendar years.

This regulation defining ``small entity'' in the context of 900 MHz SMR

has been approved by the SBA. The Commission does not know how many

firms provide 800 MHz or 900 MHz geographic area SMR service pursuant

to extended implementation authorizations, nor how many of these

providers have annual revenues of no more than $15 million. One firm

has over $15 million in revenues. The Commission assumes for purposes

of this FRFA that all of the remaining existing extended implementation

authorizations are held by small entities, as that term is defined by

the SBA. The Commission has held auctions for geographic area licenses

in the 900 MHz SMR band, and recently completed an auction for

geographic area 800 MHz SMR licenses. There were 60 winning bidders who

qualified as small entities in the 900 MHz auction. In the recently

concluded 800 MHz SMR auction there were 524 licenses won by winning

bidders, of which 38 licenses were won by small or very small entities.

7. Private Land Mobile Radio Services (PLMR)

PLMR systems serve an essential role in a range of industrial,

business, land transportation, and public safety activities. The

Commission has not developed a definition of small entities

specifically applicable to PLMR licensees due to the vast array of PLMR

users. Therefore, the applicable definition of small entity is the

definition under the SBA rules applicable to radiotelephone companies.

This definition provides that a small entity is a radiotelephone

company employing no more than 1,500 persons. See 13 CFR. 121.201. For

the purpose of determining whether a licensee is a small business as

defined by the SBA, each licensee would need to be evaluated within its

own business area. The Commission is unable at this time to estimate

the number of small businesses which could be impacted by the rules.

The Commission's 1994 Annual Report on PLMRs indicates that at the end

of fiscal year 1994 there were 1,087,267 licensees operating 12,481,989

transmitters in the PLMR bands below 512 MHz. Any entity engaged in a

commercial activity is eligible to hold a PLMR license, therefore these

proposed rules could potentially impact every small business in the

United States.

8. Aviation and Marine Radio Service

Small entities in the aviation and marine radio services use a

marine very high frequency (VHF) radio, any type of emergency position

indicating radio beacon (EPIRB) and/or radar, a VHF aircraft radio,

and/or any type of emergency locator transmitter (ELT). The Commission

has not developed a definition of small entities specifically

applicable to these small businesses. Therefore, the applicable

definition of small entity is the definition under the SBA rules. Most

applicants for individual recreational licenses are individuals.

Approximately 581,000 ship station licensees and 131,000 aircraft

station licensees operate domestically and are not subject to the radio

carriage requirements of any statute or treaty. Therefore, for purposes

of the evaluations and conclusions in this FRFA, the Commission

estimates that there may be at least 712,000 potential licensees which

are individuals or are small entities, as that term is defined by the

SBA.

9. Offshore Radiotelephone Service

This service operates on several ultra high frequency (UHF) TV

broadcast channels that are not used for TV broadcasting in the coastal

area of the states bordering the Gulf of Mexico. At present, there are

approximately 55 licensees in this service. The Commission is unable at

this time to estimate the number of licensees that would qualify as

small entities under the SBA definition for radiotelephone

communications. The Commission assumes, for purposes of this FRFA, that

all of the 55 licensees are small entities, as that term is defined by

the SBA.

10. General Wireless Communication Service

This service was created by the Commission on July 31, 1995 by

transferring 25 MHz of spectrum in the 4660-4685 MHz band from the

federal government to private sector use. The Commission sought and

obtained SBA approval of a refined definition of ``small business'' for

GWCS. According to this definition, a small business is

[[Page 68914]]

any entity, together with its affiliates and entities holding

controlling interests in the entity, that has average annual gross

revenues over the three preceding years that are not more than $40

million. See 47 CFR 26.4. The Commission will offer 875 geographic area

licenses, based on Economic Areas, for GWCS. In estimating the number

of small entities that may participate in the GWCS auction, the

Commission anticipates that the makeup of current wireless services

licensees is representative of future auction winning bidders.

11. Fixed Microwave Services

Microwave services includes common carrier fixed, (see 47 CFR 101

et seq.) private operational fixed, and broadcast auxiliary radio

services (see 47 CFR 74.1 et seq.). At present, there are 22,015 common

carrier fixed licensees and approximately 61,670 private operational

fixed licensees and broadcast auxiliary radio licensees in the

microwave services. The Commission has not yet defined a small business

with respect to microwave services. For purposes of this FRFA, the

Commission will utilize the SBA definition applicable to radiotelephone

companies, i.e., an entity with less than 1,500 persons. The Commission

estimates that for purposes of this FRFA all of the Fixed Microwave

licensees (excluding broadcast auxiliary radio licensees) would qualify

as small entities under the SBA definition for radiotelephone

communications.

12. Commercial Radio Operators (Restricted and Commercial)

There are several types of commercial radio operator licenses.

Individual licensees are tested by Commercial Operator License

Examination Managers (COLEMs). COLEMs file the applications on behalf

of the licensee. The Commission has not developed a definition for a

small business or small organization that is applicable for COLEMs. The

RFA defines the term ``small organization'' as meaning ``any not-for-

profit enterprise which is independently owned and operated and is not

dominant in its field * * *'' See 5 U.S.C. 601(4). The Commission's

rules do not specify the nature of the entity that may act as a COLEM.

However, all of the COLEM organizations would appear to meet the RFA

definition for small organizations.

13. Amateur Radio Services

Amateur Radio service licensees are coordinated by Volunteer

Examiner Coordinators (VECs). The Commission has not developed a

definition for a small business or small organization that is

applicable for VECs. The RFA defines the term ``small organization'' as

meaning ``any not-for-profit enterprise which is independently owned

and operated and is not dominant in its field * * *'' See 5 U.S.C.

601(4). The Commission's rules do not specify the nature of the entity

that may act as a VEC. All of the sixteen VEC organizations would

appear to meet the RFA definition for small organizations.

14. Personal Radio Services

Personal radio services provide short-range, low power radio for

personal communications, radio signaling, and business communications

not provided for in other services. These services include citizen band

(CB) radio service, general mobile radio service (GMRS), radio control

radio service, and family radio service (FRS). See 47 CFR 95.401

through 95.428; 47 CFR 95.1 through 95.181; 47 CFR 95.201 through

95.225; 47 CFR 95.191 through 95.194. To the extent any of these

licensees may be small entities under the SBA definition, the

Commission is unable at this time to estimate the exact number.

15. Public Safety Radio Services and Governmental Entities

Public Safety radio services include police, fire, local

governments, forestry conservation, highway maintenance, and emergency

medical services. See 47 CFR 90.15 through 90.27. There are a total of

approximately 127,540 licensees within these services. Governmental

entities as well as private businesses comprise the licensees for these

services. All governmental entities with populations of less than

50,000 fall within the definition of a small business. See 5 U.S.C.

601(5). There are approximately 37,566 governmental entities with

populations of less than 50,000. The RFA also includes small

governmental entities as a part of the regulatory flexibility analysis.

See 5 U.S.C. 601(5). The definition of a small governmental entity is

one with a population of less than 50,000. There are 85,006

governmental entities in the nation. This number includes such entities

as states, counties, cities, utility districts, and school districts.

There are no figures available on what portion of this number has

populations of fewer than 50,000; however, this number includes 38,978

counties, cities, and towns and of those, 37,566 or 96 percent, have

populations of fewer than 50,000. The Census Bureau estimates that this

ratio is approximately accurate for all governmental entities. Thus, of

the 85,006 governmental entities, the Commission estimates that 96

percent or 81,600 are small entities that may be affected by our rules.

16. Rural Radiotelephone Service

The Commission has not adopted a definition of small entity

specific to the Rural Radiotelephone Service. See 47 CFR 22.99. A

significant subset of the Rural Radiotelephone Service is the Basic

Exchange Telephone Radio Systems (BETRS). See 47 CFR 22.757; 22.729.

The Commission will use the SBA definition applicable to radiotelephone

companies; i.e., an entity employing no more than 1,500 persons. There

are approximately 1,000 licensees in the Rural Radiotelephone Service,

and the Commission estimates that almost all of them qualify as small

entities under the SBA definition.

17. Marine Coast Service

On December 3, 1998, the Commission plans to auction Public Coast

licenses in the 157.1875-157.4500 MHz (ship transmit) and 161.775-

162.0125 MHz (coast transmit) bands. For purposes of this auction, the

Commission defines a ``small'' business as an entity that, together

with controlling interests and affiliates, have average gross revenues

for the preceding three years not to exceed $15 million dollars. A

``very small'' business is one that, together with controlling

interests and affiliates, have average gross revenues for the preceding

three years not to exceed $3 million dollars. There are approximately

10,672 licensees in the Marine Coast Service, and the Commission

estimates that almost all of them qualify as small under the SBA

definition.

18. Wireless Communications Services (WCS)

WCS is a wireless service, which can be used for fixed, mobile,

radiolocation, and digital audio broadcasting satellite uses. The

Commission defined ``small business'' for the WCS auction as an entity

with average gross revenues of $40 million for each of the three

preceding years. The Commission auctioned geographic area licenses in

the WCS service. There were seven winning bidders who qualified as very

small business entities and one small business entity in the WCS

auction. Based on this information, the Commission concludes that the

number of geographic area WCS licensees affected include these eight

entities.

D. Description of the projected reporting, recordkeeping, and other

compliance requirements. All wireless radio services will be subject to

processing through the ULS rules. Under these rules, all new wireless

[[Page 68915]]

radio services license applications will be processed through ULS using

one or more of the new forms. In addition, any modification to an

existing license will also use the new forms and will be entered and

processed in the ULS. Other notifications that are required by the

final rules, as outlined in the R&O, will also be filed with the new

standard forms and processed through ULS. As noted, we expect that once

the ULS is implemented the overall compliance burdens associated with

these forms will be reduced.

Under the final rules, each applicant or licensee must submit the

appropriate application form depending on the purpose of the

application. Electronic filing through the ULS should be easier for

applicants than the current system. The ULS will prompt the applicant

for the necessary information and will provide interactive error

messages if information is not filed correctly. The system will allow

the applicant to correct their applications prior to submitting them,

saving time and processing steps for the FCC and the applicants. The

Commission notes that electronic filing will require a modem equipped

computer to file interactively through the FCC private wide area

network, which may be burdensome for some filers.

The ULS was designed to identify each individual licensee by their

taxpayer identification number (TIN) assigned to the entity or

individual (social security number will be used in the case of an

individual filing for a license). The TIN is required by licensees

pursuant to the Debt Collection Improvement Act of 1996. All existing

licensees will be required to identify all of their call signs and

their TIN. The system will assign a unique sequential identification

number to each entity or individual. This number will be used instead

of the TIN for public queries to the ULS database. Uniquely identifying

entities and associating their license records to the entity will

eliminate the data collection requirement for modifications and new

license applications that are filed electronically through the ULS.

E. Steps taken to minimize significant economic impact on small

entities, and significant alternatives considered: As noted in the R&O,

the development of the ULS will greatly reduce the cost of preparing

wireless applications and pleadings, while increasing the speed of the

licensing process. We expect that these changes will benefit all,

including small entities.

1. Electronic Filing and Consolidated Application Forms. In

services that do not require extensive technical data, such as Amateur,

Maritime, Aviation, Commercial Operators, and GMRS, the Commission

implements a quick form to minimize the economic impact on small

entities in these services. In addition, the forms have been developed

to ensure that applicants are not required to duplicate information

that has been already filed with the Commission. The Commission has

also eliminated the current copy and microfiche requirements for

electronically filed applications.

2. Auction Long-Form Application Submissions. The Commission allows

winning bidders to file a single long-form application to cover all

markets. Elimination of separate filing requirements will lift the

administrative burden to small businesses of having to file separate

long-form applications for each license won in the auction.

3. Filings of Pleadings. The Commission permits, but does not

require, pleadings to be filed electronically. Manually filed pleadings

will be scanned so that all pleadings will be easily accessible to the

public. Electronic filing through the ULS should be easier for

applicants than the current system because the ULS will prompt the

applicant for the necessary information and will provide interactive

error messages if information is not filed correctly. ULS will allow

the applicant to correct their applications prior to submitting them.

This system will allow all interested parties, including small

entities, easy access to pleadings that are filed in connection with

applications and licenses.

4. Standardization of Major and Minor Filing Rules. The Commission

consolidates major and minor filing standards to both amendments of

pending applications and to modifications of existing licenses. The

current fragmented system is confusing for applicants and licensees,

including small entities, because they are required to keep track of

different procedures for different radio services. Licensees,

especially small entities, will find it easier and more convenient to

have all standards in one place in the rules.

5. Filing of Multiple Modifications. The Commission adopts a

unified approach to the filing of multiple modification applications:

if a modification application is pending regarding a given station

parameter, and the licensee decides to elaborate upon or change that

request with an additional request to modify the same or a related

parameter, the document filed to effect that change will be

automatically deemed an amendment to the modification, rather than a

separate modification application. This will prevent applicants from

filing conflicting modification requests and will prevent the

Commission from erroneously granting or dismissing modification

applications because they were processed out of sequence.

6. Construction Notification Requirements. The Commission will send

notifications to licensees by ULS and mail before their construction or

coverage deadlines. Notifications of construction or coverage would be

accepted either electronically or manually. If a licensee fails to file

the required notification of completion of construction or satisfaction

of the coverage or substantial service requirements, the ULS would send

a letter terminating the authorization.

7. Ownership Requirements. The Commission will require submission

of ownership information from commercial mobile radio services (CMRS)

licensees. Applicants and licensees will submit ownership information

on FCC Form 602 when filing an initial application, a renewal

application, an assignment of authorization, or a transfer of control.

Private mobile radio services (PMRS) licensees, while subject to some

alien ownership restrictions--i.e., licenses may not be granted to or

held by a foreign government or a representative of a foreign

government (see 47 U.S.C. 310(a))--are not subject to most of the

restrictions placed on CMRS licensees. Accordingly, PMRS and private

fixed microwave licensees have not previously been required to submit

detailed ownership information. The Commission will require PMRS

licensees to certify their status with respect to foreign government

ownership or ownership by a representative of a foreign government each

time they submit a Form 601.

F. Report to Congress. The Commission shall send a copy of the

Order, including this FRFA, in a report to Congress pursuant to the

Small Business Regulatory Enforcement Fairness Act of 1996. See 5

U.S.C. 801(a)(1)(A). A copy of the Order and this FRFA will also be

sent to the Chief Counsel for Advocacy of the Small Business

Administration.

B. Paperwork Reduction Act (PRA)

Paperwork Reduction Act Analysis

Dates: Written comments by the public on the modified information

collections are due January 13, 1999. Written comments must be

submitted by OMB on the proposed information collections on or before

February 12, 1999.

[[Page 68916]]

Address: In addition to filing comments with the Secretary, a copy

of any comments on the information collections contained herein should

be submitted to Judy Boley, Federal Communications Commission, Room

234, 1919 M Street, NW., Washington, DC 20554, or via the Internet to

[email protected] (comments filed to Judy Boley after December 3, 1998,

should be submitted to Federal Communications Commission, Room C1804,

445 12th Street, SW., Washington, DC 20554, or via the Internet to

[email protected]); and to Timothy Fain, OMB Desk Officer, 10236 NEOB,

725-17th Street, NW., Washington, DC 20503 or via the Internet to

[email protected].

Further Information: For additional information concerning the

information collections contained in this R&O contact Judy Boley at

(202) 418-0214, or via the Internet at [email protected].

Supplementary Information: This R&O modified information

collections subject to the Paperwork Reduction Act of 1995 (PRA). It

has been submitted to the Office of Management and Budget (OMB) for

review under PRA. As part of its continuing effort to reduce paperwork

burdens, the Commission invites the general public and OMB to take this

opportunity to comment on the modified information collections

contained in this R&O. OMB notification of action is due January 13,

1999. Comments should address: (a) Whether the modified collection of

information is necessary for the proper performance of the functions of

the Commission, including whether the information shall have practical

utility; (b) the accuracy of the Commission's burden estimates; (c)

ways to enhance the quality, utility, and clarity of the information

collected; and (d) ways to minimize the burden of the collection of

information on the respondents, including the use of automated

collection techniques or other forms of information technology.

OMB Approval Number: 3060-0798.

Title: FCC Application for Wireless Telecommunications Bureau Radio

Service Authorization.

Form No.: FCC Form 601.

Type of Review: Revision of an existing collection.

Respondents: Individuals or households; business and other for-

profit.

Number of Respondents: 240,320.

Estimated Time Per Response: 30 minutes to 1.25 hours.

Total Annual Burden: 210,280.

Frequency of Response: On occasion.

Total Annual Estimated Cost: $48,364,400. The Commission estimates

approximately 50% of the respondents will hire a consultant to prepare

this information. Consultant costs are included in this estimate.

Needs and Uses: Form 601 will be used as the general application

(long form) for market based licensing and site-by-site licensing in

the Wireless Telecommunications Services. The purpose of this revision

is to include changes as a result of comments provided during the

public comment period for the ULS NPRM (WT Docket No. 98-20; FCC 98-25)

and to specify an option available to applicants in the 700 MHz band

(Public Safety item WT Docket 96-86; FCC 98-191). In addition, we seek

to clarify that FCC Form 601 filed following the issuance of an

emergency Special Temporary Authorization (STA) as a result of phone or

facsimile request requires an attachment (exhibit) describing the

background of the emergency request. The data collected will be used by

the Commission to determine whether the applicant is legally,

technically and financially qualified to be licensed and to update the

database and provide for proper use of the frequency spectrum.

Major revisions to the 601 Main Form include adding questions to:

(1) collect the number of feeable waiver requests; (2) indicate if

attachments are being filed with the application; (3) provide for

optional questions regarding race, ethnicity and gender and (4) adding

and re-wording certification statements. The form also revised to

delete question under AFee [email protected] pertaining to NCE Broadcast

exemption.

This long-form application is a consolidated application form and

will be utilized with the Universal Licensing System (ULS) currently

under development. This form comprises a main form containing

administrative data and a series of Schedules used to identify

technical information.

Many of the form schedules are also being revised. Schedule F is

being revised to add a question for respondent to indicate number of

new SIDs, if applicable, and a channel block indicated is also being

added. Schedule G is being revised to collect information required for

international coordination. Schedule H is being revised to add a

frequency coordination question and a question for the respondents to

specify antenna registration.

Schedule I being revised to add items for APack [email protected] and an SMSA

identified for DEMS. Also, the information regarding station class has

been moved to Supplement 1. Additionally, a question for respondents to

identify if multiple minor mods or amendments exceed the threshold for

major modification was added, as well as a question for frequency

coordination. Schedule I Supplement 1 is being revised to include quiet

zone question and Supplement 2 is being revised to add MAS/DEMS

subtypes and a Path Code Identifier.

Schedule K is being revised to add a new item for slow growth and

the ability for notification of lower and upper frequency. Schedule L

is being revised to add the ability for extension of lower and upper

frequency.

The data collected on this form includes Taxpayer Identification

Number for the applicant. This number will not be displayed to the

public.

This consolidated form will eventually replace existing forms used

by Wireless Telecommunications Bureau, such as FCC 313, 313R, 402,

402R, 405, 405A, 406, 415, 464, 464A, 489, 494, 503, 452R, 574, 574R,

600 and 701. As the Commission implements FCC 601 in phases for the

various radio services and use of the Form 601 becomes mandatory after

a transition period, other form burdens will be amended as necessary to

reflect the obsolescence of the old forms.

This collection includes a Third Party requirement that certain

applicants obtain frequency coordination. There is no additional time

burden placed on the respondent for this requirement, however, it adds

an extra [email protected] to the application filing requirements. Applicants

forward their applications via the non-profit private sector frequency

coordinators designated by type of radio service. The frequency

coordinator then forwards the application and application remittance to

the FCC. We estimate that 40% of the respondents (96,128) are affected

by this requirement.

OMB Approval Number: 3060-0799.

Title: FCC Ownership Disclosure Information for the Wireless

Telecommunications Services.

Form No.: FCC 602.

Type of Review: Revision of an existing collection.

Respondents: Individuals or households; Business or other for-

profit; Not-for-profit institutions; State, Local or Tribal Government.

Number of Respondents: 3,000.

Estimated Time Per Response: 30 minutes to 2 hours. The Commission

estimate that 50% of the respondents will hire an outside consultant to

prepare the information.

Total Annual Burden: 3,750 hours.

Frequency of Response: On Occasion.

Total Annual Estimated Costs: $604,000. This cost includes an

estimate that 50% of the respondents will hire an

[[Page 68917]]

outside consultant at $200 per hour to prepare the information. It also

includes $2.50 per respondent in postal fees for applicants filing

manually.

Needs and Uses: This form is required to be filed by applicants who

have acquired their license by participation in an FCC auction or who

are applying for a license in a service which is subject to Part 1,

Subpart Q of the Commission's Rules, or by common carrier licensees

whether or not the service was originally subject to auction, under the

following circumstances: (1) Applicants for a new license or

authorization who do not have a current FCC Form 602 on file with the

FCC; (2) Applicants filing to renew an existing license if there is no

current FCC Form 602 on file with the FCC; (3) Applicants for a

transfer of control of a license or assignment of authorization who do

not have a current FCC Form 602 on file with the FCC; (4) Applicants

who are going to participate in an FCC auction and do not have a

current FCC Form 602 on file.

The purpose for the information collection is to obtain the

identity of the applicant and to elicit information required by Section

1.2112 of the Commission's rules regarding: (1) Persons or entities

holding a 10% or greater direct or indirect ownership interest in the

applicant; (2) All affiliates of the applicant pursuant to Section

1.211; (3) All general partners in any general partnership in the

applicant's chain of ownership, and; (4) All the members of any limited

liability corporation in applicant's chain of ownership.

FCC 602 consists of a Main Form and associated schedules for

technical information. Filers will use multiple copies of Form 602 as

needed to list each direct and indirect owner and associated

information. The data will be used by the FCC to determine whether the

applicant is legally, technically and financially qualified to be

licensed. The data collected on this form includes Taxpayer

Identification Numbers for the Applicant/Licensee, any Related FCC

Regulated Businesses of the Applicant/Licensee, Disclosable Interest

Holders and any Related FCC Regulated Businesses of Disclosable

Interest Holders. These numbers will not be displayed to the public.

The current Form 602 was designed for use by auctionable services

only and this revision accommodates use by all Wireless

Telecommunications Services. The use of FCC Form 602 will replace FCC

Form 430 for Wireless services. We intend to allow a transition period

after which FCC Form 430 will be discontinued for use by Wireless

services.

The previous OMB submission for this form identified the number of

respondents as 10,000 which includes all Wireless services. Therefore,

there is no change in the number of respondents, only re-design of the

form to accommodate the various services. The FCC Form 602 has also

been completely revised in order to collect ownership information in a

format where the relationships between various entities is readily

apparent. The currently approved version of the Form 602 simply

collects a list of attributable owners. In accordance with our rules,

the new form collects this information along with the business

relationship (attributable owner, indirect owner, etc.) which is

essential for regulating the commercial use of the spectrum.

OMB Approval Number: 3060-0800.

Title: FCC Wireless Telecommunications Bureau Application for

Assignments of Authorization and Transfers of Control.

Form No.: FCC 603.

Type of Review: Revision to an existing collection.

Respondents: Individuals or households; Business or other for-

profit; Not-for-profit institutions; State, Local or Tribal Government.

Number of Respondents: 32,151.

Estimated Time Per Response: 30 minutes to 1.75 hours. The

Commission estimate that 50% of the respondents will hire an outside

consultant to prepare the information.

Total Annual Burden: 36,171 hours.

Total Estimated Annual Costs: $7,114,000. This cost includes an

estimate that 50% of the respondents will hire an outside consultant at

$200 per hour to prepare the information. It also includes a $45 filing

fee per respondent and $2.50 in postal fees for applicants filing

manually.

Frequency of Response: On occasion.

Needs and Uses: This collection of information incorporates a

previously approved OMB collection of 3060-0797. Collection 3060-0797

is eliminated.

Form 603 is a multi-purpose form used to apply for approval of

assignment or transfer of control of licenses in the Wireless Radio

Services. The data collected on this form is used by the FCC to

determine whether the public interest would be served by approval of

the requested assignment or transfer. This form is also used to notify

the Commission of consummated assignments and transfers of wireless

licenses that have previously been consented to by the Commission or

for which notification but not prior consent is required. This form is

used by applicants/licensees in the Public Mobile Services, Personal

Communications Services, Private Land Mobile Radio Services, Broadcast

Auxiliary Services, Fixed Microwave Services, Maritime Services

(excluding ships), and Aviation Services (excluding aircraft).

The purpose of this form is to obtain information sufficient to

identify the parties to the proposed assignment or transfer, establish

the parties basic eligibility and qualifications, classify the filing,

and determine the nature of the proposed service. Various technical

schedules are required along with the main form applicable to Auctioned

Services, Partitioning and Disaggregation, Undefined Geographical Area

Partitioning, Notification of Consummation or Request for Extension of

Time for Consummation.

The data collected on this form includes the Taxpayer

Identification Numbers of the Licensee/Assignor, Transferor and the

Assignee/Transferee. These numbers will not be displayed to the public.

This form will eventually replace FCC Forms 490, 702, 703, 704 and

1046. After an initial transition period for use of the Form 603, the

other forms will no longer be used.

The revised 603 is a consolidated form which now incorporates the

information previously required on FCC Form 604 ``Applications for

Transfer of Control for Auctionable Services''. Consolidating these

forms required adding a number of questions regarding the following:

related applications; transfer of control; determination if application

is subject to streamlined processing under forbearance; waivers;

attachments to the application; pending transfers or assignments not on

the form 603; Sub Group Identification Numbers; and Assignor/Transferor

Race, Ethnicity, gender; identification of partial assignments. There

were also revisions to the certifications included on the form.

The number of respondents and burden hours have increased due to

combining a previously approved collection (3060-0797) with this one.

OMB Approval Number: 3060-0795.

Title: ULS TIN Registration and FCC Form 606.

Form No.: FCC 606.

Type of Review: Revision to an Existing Collection.

Respondents: Individuals or households; Business or other for-

profit; Not-for-profit institutions; State, Local or Tribal Government.

Number of Respondents: 411,000.

Estimated Time Per Response: 1 hour.

[[Page 68918]]

Total Annual Burden: 411,000 hours.

Frequency of Response: On Occasion.

Total Annual Estimated Costs: The Commission estimates respondents

will incur no cost to provide this information.

Needs and Uses: The Wireless Telecommunications Bureau is currently

developing a Universal Licensing System (ULS) with gradual

implementation by radio service. This Universal Licensing System will

eventually replace 11 separate licensing databases and provide for

universal licensing forms and data collection for the many services

that the Wireless Bureau provides.

The Universal Licensing System is driven by applicants Taxpayer

Identification Number, which could be a Social Security Number or an

Employer Identification Number. Existing licensees are required to

provide WTB with their Taxpayer Identification Number and list of call

signs in order to populate ULS and establish a unique sequential number

for each licensee. A licensee may have multiple licenses under

different names and addresses all covered under the same TIN number. A

single entities licenses could be in various names, radio services and

addresses.

During this period of collecting existing entities Taxpayer

Identification Numbers and the process of linking the licenses for each

entity, problems were encountered with various organizations

responsible for only a certain portion of the entities total radio

authorization. Therefore, it was necessary for the FCC to establish

``Sub-TINs''. Entities must obtain a Sub-Group Identification Number

(SGIN) from the FCC in instances where the applicant or licensee does

not have a unique TIN because it is a sub-group or department of the

entity identified by the TIN (e.g., a governmental entity or academic

institution) and therefore shares the TIN with other subgroups or

departments of the same entity. The SGIN allows each sub-group to track

the licenses it holds.

The Commission is revising this collection to in response to

comments received on the ULS NPRM. Entities using and registering their

TINS requested the Commission add the SGIN. Most of the SGIN's will be

filed via FCC Form 601. However, there may be instances of where FCC

606 filers need to provide SGINs. The estimated number of respondents

and burden remains the same.

The Taxpayer Identification Number or the SGIN will not be

displayed to the public.

The Wireless Bureau strongly encourages submission of this

information electronically and has developed an interactive electronic

application for this purpose, FCC Form 606. A series of public notices

have been issued to collect this information by radio service.

The information collected in the application will be used to

populate the Universal Licensing System and to assign a unique

identifier to each licensee for interaction with the ULS. Assignment of

the unique identifier will be automatically generated by the system.

This information will also be used to match records in the licensing

database to the Collection System records to validate payment for

applications and for Debt Collection purposes.

OMB Approval Number: 3060-XXXX.

Title: Wireless Telecommunications Bureau Universal Licensing

System Recordkeeping and Third Party Disclosure Requirements.

Form No.: N/A.

Type of Review: New collection.

Respondents: Individuals or households; Business or other for-

profit; Not-for-profit institutions; State, Local or Tribal Government.

Number of Respondents: 8,255 Recordkeepers. In addition to the

recordkeeping requirements some of the respondents may be required to

coordinate various actions with Third Parties. The total number of

responses is 11,242.

Estimated Time Per Response: 30 minutes.

Total Annual Burden: 5,624 hours.

Frequency of Response: On Occasion.

Total Annual Estimated Costs: No Additional Costs.

Needs and Uses: ULS establishes a streamlined set of rules that

minimizes filing requirements; eliminates redundant, inconsistent, or

unnecessary submission requirements; and assures ongoing collection of

reliable licensing and ownership data. The recordkeeping and third

party disclosure requirements contained in this collection are a result

of the eliminate of a number of filing requirements. The ULS forms

contain a number of certifications, which eliminated for a number of

previous filing requirements. However, applicants must maintain records

to document compliance with the requirements. In some instance

applicants may also be required to coordinate activities with third

parties prior to submitting applications.

V. Ordering Clauses

Accordingly, it is ordered that, pursuant to the authority of

sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications

Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r),

332(c)(7), 47 CFR Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97

and 101 of the Commission's Rules are Amended as set forth in the rule

changes.

It is further ordered that the Commission's Office of Public

Affairs, Reference Operations Division, shall send a copy of this R&O,

including the Final Regulatory Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small Business Administration, in

accordance with section 605(b) of the Regulatory Flexibility Act, 5

U.S.C. 601 et seq.

It is further ordered that pursuant to section 5(c) of the

Communications Act of 1934 (see 47 U.S.C. 155(c)), the Chief, Wireless

Telecommunications Bureau, is granted delegated authority to develop,

implement, modify rules and procedures for the Universal Licensing

System to the extent stated herein.

It is further ordered that Petition for Rule Making RM-8677 is

granted as indicated herein and WT Docket No. 96-188 is terminated.

List of Subjects in 47 CFR Parts 0, 1, 13, 22, 24, 26, 27, 80, 87,

90, 95, 97, and 101

Communications common carriers, Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Final Rules

Parts 0, 1, 13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of

Chapter 1 of Title 47 of the Code of Federal Regulations (CFR) are

amended as follows:

PART 0--COMMISSION ORGANIZATION

1. The authority citation for part 0 continues to read as follows:

Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

2. Section 0.121 is amended by revising paragraph (b) to read as

follows:

Sec. 0.121 Location of field installations.

* * * * *

(b) Protected field offices are located at the following

geographical coordinates (coordinates are referenced to North American

Datum 1983 (NAD83)):

Allegan, Michigan

42 deg.36'20.1'' N. Latitude

85 deg.57'20.1'' W. Longitude

Anchorage, Alaska

61 deg.09'41.0'' N. Latitude

150 deg.00'03.0'' W. Longitude

Belfast, Maine

[[Page 68919]]

44 deg.26'42.3'' N. Latitude

69 deg.04'56.1'' W. Longitude

Canandaigua, New York

42 deg.54'48.2'' N. Latitude

77 deg.15'57.9'' W. Longitude

Douglas, Arizona

31 deg.30'02.3'' N. Latitude

109 deg.39'14.3'' W. Longitude

Ferndale, Washington

48 deg.57'20.4'' N. Latitude

122 deg.33'17.6'' W. Longitude

Grand Island, Nebraska

40 deg.55'21.0'' N. Latitude

98 deg.25'43.2'' W. Longitude

Kingsville, Texas

27 deg.26'30.1'' N. Latitude

97 deg.53'01.0'' W. Longitude

Laurel, Maryland

39 deg.09'54.4'' N. Latitude

76 deg.49'15.9'' W. Longitude

Livermore, California

37 deg.43'29.7'' N. Latitude

121 deg.45'15.8'' W. Longitude

Powder Springs, Georgia

33 deg.51'44.4'' N. Latitude

84 deg.43'25.8'' W. Longitude

Sabana Seca, Puerto Rico

18 deg.27'15.8'' N. Latitude

66 deg.13'35.6'' W. Longitude

Santa Isabel, Puerto Rico

18 deg.00'18.9'' N. Latitude

66 deg.22'30.6'' W. Longitude

Vero Beach, Florida

27 deg.36'22.1'' N. Latitude

80 deg.38'05.2'' W. Longitude

Waipahu, Hawaii

21 deg.22'33.6'' N. Latitude

157 deg.59'44.1'' W. Longitude

3. Section 0.401 is amended by adding paragraph (b)(3) to read as

follows:

Sec. 0.401 Location of Commission offices.

* * * * *

(b) * * *

(3) Alternatively, applications and other filings may be sent

electronically via the Universal Licensing System (ULS).

4. Section 0.408 is amended by adding entries for FCC 601, FCC 602,

FCC 603, and FCC 605 to the end of the table in paragraph (b) to read

as follows:

Sec. 0.408 OMB control numbers and expiration dates assigned pursuant

to the Paperwork Reduction Act.

* * * * *

(b) * * *

3060-0798. FCC 601.................................................XXXX

3060-0799. FCC 602.................................................XXXX

3060-0800. FCC 603.................................................XXXX

3060-0850. FCC 605.............................................10/31/01

* * * * *

5. Section 0.453 is amended by removing and reserving paragraph

(g)(1) and revising introductory text of paragraph (h) and paragraph

(h)(1) to read as follows:

Sec. 0.453 Public reference rooms.

* * * * *

(g) * * *

(1) * * * [Reserved]

(2) * * *

(h) The Wireless Telecommunications Bureau Reference Room. The

following documents, files and records are available.

(1) The Wireless Telecommunications Bureau Reference Room--

Gettysburg. Commercial radio operator application files and all

authorizations in the Wireless Radio Services and files relating

thereto, which includes Land Mobile, Microwave, Aviation Ground and

Marine Coast applications. All of these materials are available in the

Commission's offices in Gettysburg, Pennsylvania. See Sec. 0.457(f)(3).

This reference room also contains station files containing applications

and related materials for Remote Pickup, Aural STL/ICR, TV Auxiliary,

and Low Power Auxiliary Stations in the Mass Media services. This

reference room also contains station files containing applications and

related materials for the Point-to-Point Microwave (including the Local

Television Transmission Service) and Digital Electronic Message (DEMS)

services in the Common Carrier services. Cards summarizing the

historical record of applications and dispositions of the Broadcast

Auxiliary service through May 1982 are available for inspection as

well.

* * * * *

6. Section 0.482 is revised to read as follows:

Sec. 0.482 Application for waiver of wireless radio service rules.

All requests for waiver of the rules (see Sec. 1.925) governing the

Wireless Radio Services (see Sec. 1.907) that require a fee (see

Sec. 1.1102) shall be submitted via the Universal Licensing System or

to the Mellon Bank, Pittsburgh, Pennsylvania at the address set forth

in Sec. 1.1102. Waiver requests that do not require a fee should be

submitted via the Universal Licensing System or to: Federal

Communications Commission, 1270 Fairfield Road, Gettysburg,

Pennsylvania 17325-7245. Waiver requests attached to applications must

be submitted in accordance with Sec. 0.401(b) or Sec. 0.401(c) of the

rules.

7. Section 0.491 is revised to read as follows:

Sec. 0.491 Application for exemption from compulsory ship radio

requirements.

Applications for exemption filed under the provisions of

Secs. 352(b) or 383 of the Communications Act; Regulation 4, chapter I

of the Safety Convention; Regulation 5, chapter IV of the Safety

Convention; or Article IX of the Great Lakes Agreement, must be filed

as a waiver request using the procedures specified in Sec. 0.482 of

this part. Emergency requests must be filed via the Universal Licensing

System or at the Federal Communications Commission, Office of the

Secretary, 445 12th Street, SW, Room TW-B204, Washington, DC 20554.

PART 1--PRACTICE AND PROCEDURE

8. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303, and 309(j) unless

otherwise noted.

9. Section 1.4 is amended by adding a sentence to the end of

paragraph (f) to read as follows:

Sec. 1.4 Computation of time.

* * * * *

(f) * * * Applications, attachments and pleadings filed

electronically in the Universal Licensing System (ULS) pursuant to

Sec. 1.913(b) or Sec. 1.939(b) must be received before midnight on the

filing date.

* * * * *

10. Section 1.41 is amended by adding a sentence at the end of the

paragraph to read as follows:

Sec. 1.41 Informal requests for Commission action.

* * * In application and licensing matters pertaining to the

Wireless Radio Services, as defined in Sec. 1.904 of this part, such

requests may also be sent electronically, via the ULS.

11. Section 1.45 is amended by adding a sentence to the end of the

introductory paragraph, and revising paragraphs (a), (b) and (c) to

read as follows:

Sec. 1.45 Pleadings; filing periods.

* * * Pleadings associated with licenses, applications, waivers

and other documents in the Wireless Radio Services may be filed via the

ULS.

(a) Petitions. Petitions to deny may be filed pursuant to

Sec. 1.939 of this part.

(b) Oppositions. Oppositions to any motion, petition, or request

may be filed within 10 days after the original pleading is filed.

(c) Replies. The person who filed the original pleading may reply

to oppositions within 5 days after the time for filing oppositions has

expired. The reply shall be limited to matters raised in the

oppositions, and the response to all such matters shall be set forth in

a single pleading; separate replies to

[[Page 68920]]

individual oppositions shall not be filed.

* * * * *

12. Section 1.49 is amended by revising the first sentence of

paragraph (e) to read as follows:

Sec. 1.49 Specifications as to pleadings and documents.

* * * * *

(e) Petitions, pleadings, and other documents associated with

licensing matters in the Wireless Radio Services may be filed

electronically in ULS. * * *

* * * * *

13. Section 1.50 is revised to read as follows:

Sec. 1.50 Specifications as to briefs.

The Commission's preference is for briefs that are either

typewritten, prepared by other mechanical processing methods, or, in

the case of matters in the Wireless Radio Services, composed

electronically and sent via ULS. Printed briefs will be accepted only

if specifically requested by the Commission. Typewritten, mechanically

produced, or electronically transmitted briefs must conform to all of

the applicable specifications for pleadings and documents set forth in

Sec. 1.49.

14. Section 1.51 is amended by adding new paragraphs (f), (g), and

(h) to read as follows:

Sec. 1.51 Number of copies of pleadings, briefs and other papers.

* * * * *

(f) For application and licensing matters involving the Wireless

Radio Services, pleadings, briefs or other documents may be filed

electronically in ULS, or if filed manually, one original and one copy

of a pleading, brief or other document must be filed.

(g) Participants that file pleadings, briefs or other documents

electronically in ULS need only submit one copy, so long as the

submission conforms to any procedural or filing requirements

established for formal electronic comments. (see Sec. 1.49)

(h) Pleadings, briefs or other documents filed electronically in

ULS by a party represented by an attorney shall include the name,

street address, and telephone number of at least one attorney of

record. Parties not represented by an attorney that file electronically

in ULS shall provide their name, street address, and telephone number.

15. Section 1.52 is amended by revising the third and fourth

sentences to read as follows:

Sec. 1.52 Subscription and verification.

* * * Either the original document, the electronic reproduction of

such original document containing the facsimile signature of the

attorney or represented party, or, in the case of matters in the

Wireless Radio Services, an electronic filing via ULS is acceptable for

filing. If a facsimile or electronic reproduction of such original

document is filed, the signatory shall retain the original until the

Commission's decision is final and no longer subject to judicial

review. * * *

16. Section 1.83 is amended by revising the last sentence of

paragraph (b) to read as follows:

Sec. 1.83 Applications for radio operator licenses.

* * * * *

(b) * * * This bulletin is available from the Commission's Forms

Distribution Center by calling 1-800-418-FORM (3676).

Sec. 1.84 [Removed]

17. Section 1.84 is removed.

18. Section 1.85 is revised to read as follows:

Sec. 1.85 Suspension of operator licenses.

Whenever grounds exist for suspension of an operator license, as

provided in Sec. 303(m) of the Communications Act, the Chief of the

Wireless Telecommunications Bureau, with respect to amateur and

commercial radio operator licenses, may issue an order suspending the

operator license. No order of suspension of any operator's license

shall take effect until 15 days' notice in writing of the cause for the

proposed suspension has been given to the operator licensee, who may

make written application to the Commission at any time within the said

15 days for a hearing upon such order. The notice to the operator

licensee shall not be effective until actually received by him, and

from that time he shall have 15 days in which to mail the said

application. In the event that physical conditions prevent mailing of

the application before the expiration of the 15-day period, the

application shall then be mailed as soon as possible thereafter,

accompanied by a satisfactory explanation of the delay. Upon receipt by

the Commission of such application for hearing, said order of

suspension shall be designated for hearing by the Chief, Wireless

Telecommunications Bureau and said suspension shall be held in abeyance

until the conclusion of the hearing. Upon the conclusion of said

hearing, the Commission may affirm, modify, or revoke said order of

suspension. If the license is ordered suspended, the operator shall

send his operator license to the Licensing and Technical Analysis

Branch, Public Safety and Private Wireless Division, Wireless

Telecommunications Bureau, in Washington, DC, on or before the

effective date of the order, or, if the effective date has passed at

the time notice is received, the license shall be sent to the

Commission forthwith.

19. Section 1.106 is amended by adding a new paragraph (o) to read

as follows:

Sec. 1.106 Petitions for reconsideration.

* * * * *

(o) Petitions for reconsideration of licensing actions, as well as

oppositions and replies thereto, that are filed with respect to the

Wireless Radio Services, may be filed electronically via ULS.

20. Section 1.821 is revised to read as follows:

Sec. 1.821 Scope.

The provisions of Secs. 1.822 and 1.824 of this part apply as

indicated to those applications for permits, licenses or authorizations

in the Multichannel Multipoint Distribution Service for which action

may be taken by the Mass Media Bureau pursuant to delegated authority.

Sec. 1.823 [Removed]

21. Section 1.823 is removed.

Sec. 1.825 [Removed]

22. Section 1.825 is removed.

23. Subpart F of Part 1is revised to read as follows:

Subpart F--Wireless Telecommunications Services, Applications and

Proceedings

Scope and Authority

Sec.

1.901 Basis and purpose.

1.902 Scope.

1.903 Authorization required.

1.907 Definitions.

Application Requirements and Procedures

1.911 Station files.

1.913 Application forms; electronic and manual filing.

1.915 General application requirements.

1.917 Who may sign applications.

1.919 Ownership information.

1.923 Content of applications.

1.924 Quiet zones.

1.925 Waivers.

1.926 Application processing; initial procedures.

1.927 Amendment of applications.

1.929 Classification of filings as major or minor.

1.931 Application for special temporary authority.

1.933 Public notices.

1.934 Defective applications and dismissal.

1.935 Agreements to dismiss applications, amendments or pleadings.

[[Page 68921]]

1.937 Repetitious or conflicting applications.

1.939 Petitions to deny.

1.945 License grants.

1.946 Construction and coverage requirements.

1.947 Modification of licenses.

1.948 Assignment of authorization or transfer of control,

notification of consummation.

1.949 Application for renewal of license.

1.951 Duty to respond to official communications.

1.955 Termination of authorizations.

1.956 Settlement conferences.

1.957 Procedure with respect to amateur radio operator licenses.

Reports to be Filed with the Commission

1.981 Reports, annual and semi-annual.

Subpart F--Wireless Telecommunications Services Applications and

Proceedings

24. Sec. 1.901 is revised to read as follows:

Sec. 1.901 Basis and purpose.

These rules are issued pursuant to the Communications Act of 1934,

as amended, 47 U.S.C 151 et seq. The purpose of these rules is to

establish the requirements and conditions under which entities may be

licensed in the Wireless Radio Services as described in this part and

in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90, 95, 97 and 101 of this

chapter.

25. Sections 1.902, 1.903 and 1.907 are added to read as follows:

Sec. 1.902 Scope.

In case of any conflict between the rules set forth in this subpart

and the rules set forth in Parts 13, 20, 22, 24, 26, 27, 80, 87, 90,

95, 97, and 101 of Title 47, Chapter I of the Code of Federal

Regulations, the rules in Part 1 shall govern.

Sec. 1.903 Authorization required.

(a) General rule. Stations in the Wireless Radio Services must be

used and operated only in accordance with the rules applicable to their

particular service as set forth in this title and with a valid

authorization granted by the Commission under the provisions of this

part, except as specified in paragraph (b) of this section.

(b) Restrictions. The holding of an authorization does not create

any rights beyond the terms, conditions and period specified in the

authorization. Authorizations may be granted upon proper application,

provided that the Commission finds that the applicant is qualified in

regard to citizenship, character, financial, technical and other

criteria, and that the public interest, convenience and necessity will

be served. See Secs. 301, 308, and 309, 310 of this chapter.

(c) Subscribers. Authority for subscribers to operate mobile or

fixed stations in the Wireless Radio Services, except for certain

stations in the Rural Radiotelephone Service and the Air-Ground

Radiotelephone Service, is included in the authorization held by the

licensee providing service to them. Subscribers are not required to

apply for, and the Commission does not accept, applications from

subscribers for individual mobile or fixed station authorizations in

the Wireless Radio Services, except as follows: individual

authorizations are required to operate general aviation airborne mobile

stations in the Air-Ground Radiotelephone Service. See Sec. 22.82 of

this chapter. Individual authorizations are required to operate rural

subscriber stations in the Rural Radiotelephone Service, except as

provided in Sec. 22.703 of this chapter. Individual authorizations are

required for end users of certain Specialized Mobile Radio Systems as

provided in Sec. 90.655 of this chapter. In addition, certain ships and

aircraft are required to be individually licensed under Parts 80 and 87

of this chapter. See Secs. 80.13, 87.18 of this chapter.

Sec. 1.907 Definitions.

Antenna structure. The term antenna structure includes the

radiating and receiving elements, its supporting structures, towers,

and all appurtenances mounted thereon.

Application. A request on a standard form for a station license as

defined in Sec. 3(b) of the Communications Act, signed in accordance

with Sec. 1.917 of this part, or a similar request to amend a pending

application or to modify or renew an authorization. The term also

encompasses requests to assign rights granted by the authorization or

to transfer control of entities holding authorizations.

Auctionable license. A Wireless Radio Service license identified in

Sec. 1.2102 of this part for which competitive bidding is used to

select from among mutually exclusive applications.

Auctionable license application. A Wireless Radio Service license

application identified in Sec. 1.2102 of this part for which

competitive bidding is used if the application is subject to mutually

exclusive applications.

Authorization. A written instrument or oral statement issued by the

FCC conveying authority to operate, for a specified term, to a station

in the Wireless Telecommunications Services.

Authorized bandwidth. The maximum bandwidth permitted to be used by

a station as specified in the station license. See Sec. 2.202 of this

chapter.

Authorized power. The maximum power a station is permitted to use.

This power is specified by the Commission in the station's

authorization or rules.

Control station. A fixed station, the transmissions of which are

used to control automatically the emissions or operations of a radio

station, or a remote base station transmitter.

Effective radiated power (ERP). The product of the power supplied

to the antenna multiplied by the gain of the antenna referenced to a

half-wave dipole.

Equivalent Isotopically Radiated Power (EIRP). The product of the

power supplied to the antenna multiplied by the antenna gain referenced

to an isotropic antenna.

Fixed station. A station operating at a fixed location.

Harmful interference. Interference that endangers the functioning

of a radionavigation service or of other safety services or seriously

degrades, obstructs, or repeatedly interrupts a radio communications

service operating in accordance with the Radio Regulations.

Mobile relay station. A fixed transmitter used to facilitate the

transmission of communications between mobile units.

Mobile station. A radio communication station capable of being

moved and which ordinarily does move.

Non-auctionable license. A Wireless Radio Service license

identified in Sec. 1.2102 of this part for which competitive bidding is

not used to select from among mutually exclusive applications.

Non-auctionable license application. A Wireless Radio Service

license application for which Sec. 1.2102 of this part precludes the

use of competitive bidding if the application is subject to mutually

exclusive applications.

Private Wireless Services. Wireless Radio Services authorized by

parts 80, 87, 90, 95, 97, and 101 that are not Wireless

Telecommunications Services, as defined in this part.

Radio station. A separate transmitter or a group of transmitters

under simultaneous common control, including the accessory equipment

required for carrying on a radio communications service.

Receipt date. The date an electronic or paper application is

received at the appropriate location at the Commission or Mellon Bank.

Amendments to pending applications may result in the assignment of a

new receipt date in accordance with Sec. 1.927 of this part.

[[Page 68922]]

Universal Licensing System. The Universal Licensing System (ULS) is

the consolidated database, application filing system, and processing

system for all Wireless Radio Services. ULS supports electronic filing

of all applications and related documents by applicants and licensees

in the Wireless Radio Services, and provides public access to licensing

information.

Wireless Radio Services. All radio services authorized in parts 13,

20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this chapter,

whether commercial or private in nature.

Wireless Telecommunications Services. Wireless Radio Services,

whether fixed or mobile, that meet the definition of

``telecommunications service'' as defined by 47 U.S.C. 153, as amended,

and are therefore subject to regulation on a common carrier basis.

Wireless Telecommunications Services include all radio services

authorized by parts 20, 22, 24, 26, and 27 of this chapter. In

addition, Wireless Telecommunications Services include Public Coast

Stations authorized by part 80 of this chapter, Commercial Mobile Radio

Services authorized by part 90 of this chapter, and common carrier

fixed microwave services, Local Television Transmission Service (LTTS),

Local Multipoint Distribution Service (LMDS), and Digital Electronic

Message Service (DEMS), authorized by part 101 of this chapter.

26. Section 1.911 is revised to read as follows:

Sec. 1.911 Station files.

Applications, notifications, correspondence, electronic filings and

other material, and copies of authorizations, comprising technical,

legal, and administrative data relating to each station in the Wireless

Radio Services are maintained by the Commission in ULS. These files

constitute the official records for these stations and supersede any

other records, database or lists from the Commission or other sources.

Sec. 1.912 [Removed]

27. Section 1.912 is removed.

28. Section 1.913 is revised to read as follows:

Sec. 1.913 Application forms; electronic and manual filing.

(a) Application forms. Applicants and licensees in the Wireless

Radio Services shall use the following forms and associated schedules

for all applications:

(1) FCC Form 601, Application for Authorization in the Wireless

Radio Services. FCC Form 601 and associated schedules is used to apply

for initial authorizations, modifications to existing authorizations,

amendments to pending applications, renewals of station authorizations,

developmental authorizations, special temporary authority,

notifications, requests for extension of time, and administrative

updates.

(2) FCC Form 602, Wireless Radio Services Ownership Form. FCC Form

602 is used by applicants and licensees in auctionable services to

provide and update ownership information as required by Secs. 1.919,

1.948, 1.2112(a) of this part, and any other section that requires the

submission of such information.

(3) FCC Form 603, Application for Assignment of Authorization or

Transfer of Control. FCC Form 603 is used to apply for Commission

consent to assignments of existing authorizations, to apply for

Commission consent to the transfer of control of entities holding

authorizations, to notify the Commission of the consummation of

assignments or transfers, and to request extensions of time for

consummation of assignments or transfers. It is also used to apply for

Commission consent to partial assignments of authorizations, including

partitioning and disaggregation.

(4) FCC Form 605, Quick-form Application for Authorization for

Wireless Radio Services. FCC Form 605 is used to apply for Amateur,

Ship, Aircraft, and General Mobile Radio Service (GMRS) authorizations,

as well as Commercial Radio Operator Licenses.

(b) Electronic filing. Except as specified in paragraph (d) of this

section or elsewhere in this chapter, all applications and other

filings using FCC Forms 601 through 605 or associated schedules must be

filed electronically in accordance with the electronic filing

instructions provided by ULS. For each Wireless Radio Service that is

subject to mandatory electronic filing, this subparagraph is effective

on (1) July 1, 1999, or (2) six months after the Commission begins use

of ULS to process applications in the service, whichever is later. The

Commission will announce by public notice the deployment date of each

service in ULS.

(1) Attachments to applications should be uploaded along with the

electronically filed application whenever possible. The files, other

than the ASCII table of contents, should be in Adobe Acrobat Portable

Document Format (PDF) whenever possible.

(2) Any associated documents (see Sec. 1.211(a) of this part)

submitted with an application must be uploaded as attachments to the

application whenever possible. The attachment should be uploaded via

ULS in Adobe Acrobat Portable Document Format (PDF) whenever possible.

(c) Auctioned license applications. Auctioned license applications,

as defined in Sec. 1.907 of this part, shall also comply with the

requirements of subpart Q of this part and the applicable Commission

orders and public notices issued with respect to each auction for a

particular service and spectrum.

(d) Manual filing. (1) ULS Forms 601, 603 and 605 may be filed

manually or electronically by applicants and licensees in the following

services:

(i) The part 90 Private Land Mobile Radio services for shared

spectrum, spectrum in the public safety pool below 746 MHz, and

spectrum in the public safety allocation above 746 MHz, except those

filed by Commission-certified frequency coordinators;

(ii) The part 97 Amateur Radio Service, except those filed by

Volunteer Examination Coordinators;

(iii) The part 95 General Mobile Radio Service and Personal Radio

Service (excluding 218-219 MHz service);

(iv) The part 80 Maritime Services (excluding the VHF 156-162 MHz

Public Coast Stations);

(v) The part 87 Aviation Services;

(vi) Part 13 Commercial Radio Operators; and

(vii) Part 101 licensees who are also members of any of the groups

listed in paragraph (d)(1)(i) through (d)(1)(vi) of this section.

(2) Manually filed applications must be submitted to the Commission

at the appropriate address with the appropriate filing fee. The

addresses for filing and the fee amounts for particular applications

are listed in Subpart G of this part, and in the appropriate fee filing

guide for each service available from the Commission's Forms

Distribution Center by calling 1-800-418-FORM (3676).

(3) Manually filed applications requiring fees as set forth at

Subpart G, of this part must be filed in accordance with Sec. 0.401(b).

(4) Manually filed applications that do not require fees must be

addressed and sent to Federal Communications Commission, 1270 Fairfield

Road, Gettysburg, Pennsylvania 17325-7245.

(5) Standard forms may be reproduced and the copies used in

accordance with the provisions of Sec. 0.409 of this chapter.

(6) Attachments to manually filed applications may be filed on a

standard 3.5 magnetic diskette formatted to be readable by high density

floppy drives operating under MS-DOS (version 3.X or later compatible

versions). Each diskette submitted must contain an ASCII text

[[Page 68923]]

file listing each filename and a brief description of the contents of

each file and format for each document on the diskette. The files on

the diskette, other than the table of contents, should be in Adobe

Acrobat Portable Document Format (PDF) whenever possible. All diskettes

submitted must be legibly labelled referencing the application and its

filing date.

(e) Applications requiring prior coordination. Parties filing

applications that require frequency coordination shall, prior to

filing, complete all applicable frequency coordination requirements in

service-specific rules contained within this chapter. After appropriate

frequency coordination, such applications may be electronically filed

via ULS or, if filed manually, must be forwarded to the appropriate

address with the appropriate filing fee (if applicable) in accordance

with subparagraph (d). Applications filed by the frequency coordinator

on behalf of the applicant must be filed electronically.

(f) Applications for Amateur licenses. Each candidate for an

amateur radio operator license which requires the applicant to pass one

or more examination elements must present the administering Volunteer

Examiners (VE) with all information required by the rules prior to the

examination. The VEs may collect the information required by these

rules in any manner of their choosing, including creating their own

forms. Upon completion of the examination, the administering VEs will

immediately grade the test papers and will then issue a certificate for

successful completion of an amateur radio operator examination (CSCE)

if the applicant is successful. The VEs will send all necessary

information regarding a candidate to the Volunteer-Examiner Coordinator

(VEC) coordinating the examination session. Applications filed with the

Commission by VECs must be filed electronically via ULS. All other

applications for amateur service licenses may be submitted manually to

FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245, or may be

electronically filed via ULS. Feeable requests for vanity call signs

must be filed in accordance with Sec. 0.401 of this chapter or

electronically filed via ULS.

Sec. 1.914 [Removed]

29. Section 1.914 is removed.

30. Section 1.915 is added to read as follows:

Sec. 1.915 General application requirements.

(a) General requirement. Except as provided in paragraph (b) of

this section, for all Wireless Radio Services, station licenses, as

defined in section 308(a) of the Communications Act, as amended,

operator licenses, modifications or renewals of licenses, assignments

or transfers of control of station licenses or any rights thereunder,

and waiver requests associated with any of the foregoing shall be

granted only upon an application filed pursuant to Secs. 1.913 through

1.917 of this part.

(b)(1) Exception for emergency filings. The Commission may grant

station licenses, or modifications or renewals thereof, without the

filing of a formal application in the following cases:

(i) an emergency found by the Commission to involve danger to life

or property or to be due to damage to equipment;

(ii) a national emergency proclaimed by the President or declared

by the Congress and during the continuance of any war in which the

United States is engaged, when such action is necessary for the

national defense or security or otherwise in furtherance of the war

effort; or

(iii) an emergency where the Commission finds that it would not be

feasible to secure renewal applications from existing licensees or

otherwise to follow normal licensing procedures.

(2) No such authorization shall be granted for or continue in

effect beyond the period of the emergency or war requiring it. The

procedures to be followed for emergency requests submitted under this

subparagraph are the same as for seeking special temporary authority

under Sec. 1.931 of this part. After the end of the period of

emergency, the party must submit its request by filing the appropriate

FCC form in accordance with paragraph (a) of this section.

Sec. 1.916 [Removed]

31. Section 1.916 is removed.

32. Section 1.917 is added to read as follows:

Sec. 1.917 Who may sign applications.

(a) Except as provided in paragraph (b) of this section,

applications, amendments, and related statements of fact required by

the Commission must be signed as follows (either electronically or

manually, see paragraph (d) of this section): (1) By the applicant, if

the applicant is an individual; (2) by one of the partners if the

applicant is a partnership; (3) by an officer, director, or duly

authorized employee, if the applicant is a corporation; (4) by a member

who is an officer, if the applicant is an unincorporated association;

or (5) by the trustee if the applicant is an amateur radio service

club. Applications, amendments, and related statements of fact filed on

behalf of eligible government entities such as states and territories

of the United States, their political subdivisions, the District of

Columbia, and units of local government, including unincorporated

municipalities, must be signed by a duly elected or appointed official

who is authorized to do so under the laws of the applicable

jurisdiction.

(b) Applications, amendments, and related statements of fact

required by the Commission may be signed by the applicant's attorney in

case of the applicant's physical disability or absence from the United

States, or by applicant's designated vessel master when a temporary

permit is requested for a vessel. The attorney shall, when applicable,

separately set forth the reason why the application is not signed by

the applicant. In addition, if any matter is stated on the basis of the

attorney's or master's belief only (rather than knowledge), the

attorney or master shall separately set forth the reasons for believing

that such statements are true. Only the original of applications,

amendments, and related statements of fact need be signed.

(c) Applications, amendments, and related statements of fact need

not be signed under oath. Willful false statements made therein,

however, are punishable by fine and imprisonment, 18 U.S.C. 1001, and

by appropriate administrative sanctions, including revocation of

station license pursuant to 312(a)(1) of the Communications Act of

1934, as amended.

(d) ``Signed,'' as used in this section, means, for manually filed

applications only, an original hand-written signature or, for

electronically filed applications only, an electronic signature. An

electronic signature shall consist of the name of the applicant

transmitted electronically via ULS and entered on the application as a

signature.

Sec. 1.918 [Removed]

33. Section 1.918 is removed:

34. Section 1.919 is added to read as follows:

Sec. 1.919 Ownership information.

(a) Applicants or licensees in Wireless Radio Services that are

subject to the ownership reporting requirements of Sec. 1.2112(a) of

this part shall use FCC Form 602 to provide all ownership information

required by this chapter.

(b) Any applicant or licensee that is subject to the ownership

reporting requirements of Sec. 1.2112(a) of this part shall file an FCC

Form 602, or file an updated form if the ownership

[[Page 68924]]

information on a previously filed FCC Form 602 is not current, at the

time it submits:

(1) An initial application for authorization (FCC Form 601);

(2) An application for license renewal (FCC Form 601);

(3) An application for assignment of authorization or transfer of

control (FCC Form 603); or

(4) A notification of consummation of a pro forma assignment of

authorization or transfer of control (FCC Form 603) under the

Commission's forbearance procedures (see Sec. 1.948(c ) of this part).

(c) A single FCC Form 602 may be associated with multiple

applications filed by the same applicant or licensee. If an applicant

or licensee already has a current FCC Form 602 on file when it files an

initial application, renewal application, application for assignment or

transfer of control, or notification of a pro forma assignment or

transfer, it may certify that it has a current FCC Form 602 on file.

(d) No filing fee is required to submit or update FCC Form 602.

(e) Applicants or licensees in Wireless Radio Services that are not

subject to the ownership reporting requirements of Sec. 1.2112(a) of

this part are not required to file FCC Form 602. However, such

applicants and licensees may be required by the rules applicable to

such services to disclose the real party (or parties) in interest to

the application, including (as required) a complete disclosure of the

identity and relationship of those persons or entities directly or

indirectly owning or controlling (or both) the applicant or licensee.

Sec. 1.921 [Removed]

35. Section 1.921 is removed.

Sec. 1.922 [Removed]

36. Section 1.922 is removed.

37. Section 1.923 is revised to read as follows:

Sec. 1.923 Content of applications.

(a) General. Applications must contain all information requested on

the applicable form and any additional information required by the

rules in this chapter and any rules pertaining to the specific service

for which the application is filed.

(b) Reference to material on file. Questions on application forms

that call for specific technical data, or that can be answered yes or

no or with another short answer, must be answered on the form.

Otherwise, if documents, exhibits, or other lengthy showings already on

file with the FCC contain information required in an application, the

application may incorporate such information by reference, provided

that:

(1) The referenced information has been filed in ULS or, if

manually filed outside of ULS, the information comprises more than one

``8\1/2\ x 11'' page.

(2) The referenced information is current and accurate in all

material respects; and

(3) The application states specifically where the referenced

information can actually be found, including:

(i) The station call sign or application file number and its

location if the reference is to station files or previously filed

applications;

(ii) The title of the proceeding, the docket number, and any legal

citations, if the reference is to a docketed proceeding.

(c) Antenna locations. Applications for stations at fixed locations

must describe each transmitting antenna site by its geographical

coordinates and also by its street address, or by reference to a nearby

landmark. Geographical coordinates, referenced to NAD83, must be

specified in degrees, minutes, and seconds to the nearest second of

latitude and longitude.

(d) Antenna structure registration. Owners of certain antenna

structures must notify the Federal Aviation Administration and register

with the Commission as required by Part 17 of this chapter.

Applications proposing the use of one or more new or existing antenna

structures must contain the FCC Antenna Registration Number(s) of each

structure for which registration is required. If registration is not

required, the applicant must provide information in its application

sufficient for the Commission to verify this fact.

(e) Environmental concerns. Each applicant is required to indicate

at the time its application is filed whether or not a Commission grant

of the application may have a significant environmental effect, as

defined by Sec. 1.1307 of this chapter. If answered affirmatively, an

Environmental Assessment, required by Sec. 1.1311 of this chapter, must

be filed with the application and environmental review by the

Commission must be completed prior to construction.

(f) International coordination. Channel assignments and/or usage

under this part are subject to the applicable provisions and

requirements of treaties and other international agreements between the

United States government and the governments of Canada and Mexico.

(g) Quiet zones. Each applicant is required to comply with the

``Quiet Zone'' rule (see Sec. 1.924).

(h) Taxpayer Identification Number (TINs). Wireless applicants and

licensees, including all attributable owners of auctionable licenses as

defined by Sec. 1.2112 of this part, are required to provide their

Taxpayer Identification Numbers (TINS) (as defined in 26 U.S.C. 6109)

to the Commission, pursuant to the Debt Collection Improvement Act of

1996 (DCIA). Under the DCIA, the FCC may use an applicant or licensee's

TIN for purposes of collecting and reporting to the Department of the

Treasury any delinquent amounts arising out of such person's

relationship with the Government. The Commission will not publicly

disclose applicant or licensee TINs unless authorized by law, but will

assign a ``public identification number'' to each applicant or licensee

registering a TIN. This public identification number will be used for

agency purposes other than debt collection.

38. Section 1.924 is revised to read as follows:

Sec. 1.924 Quiet zones.

Quiet zones are those areas where it is necessary to restrict

radiation so as to minimize possible impact on the operations of radio

astronomy or other facilities that are highly sensitive to

interference. The areas involved and procedures required are as

follows:

(a) NRAO, NRRO. The requirements of this paragraph are intended to

minimize possible interference at the National Radio Astronomy

Observatory site located at Green Bank, Pocahontas County, West

Virginia, and at the Naval Radio Research Observatory site at Sugar

Grove, Pendleton County, West Virginia.

(1) Applicants and licensees planning to construct and operate a

new or modified station at a permanent fixed location within the area

bounded by N 39 deg. 15' 0.4'' on the north, W 78 deg. 29' 59.0'' on

the east, N 37 deg. 30' 0.4'' on the south, and W 80 deg. 29' 59.2'' on

the west must notify the Director, National Radio Astronomy

Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in

writing, of the technical details of the proposed operation. The

notification must include the geographical coordinates of the antenna

location, the antenna height, antenna directivity (if any), the

channel, the emission type and power.

(2) When an application for authority to operate a station is filed

with the FCC, the notification required in paragraph (a)(1) of this

section should be sent at the same time. The application must state the

date that notification in accordance with paragraph (a)(1) of this

section was

[[Page 68925]]

made. After receipt of such applications, the FCC will allow a period

of 20 days for comments or objections in response to the notifications

indicated.

(3) If an objection is received during the 20-day period from the

National Radio Astronomy Observatory for itself or on behalf of the

Naval Radio Research Observatory, the FCC will, after consideration of

the record, take whatever action is deemed appropriate.

(b) Table Mountain. The requirements of this paragraph are intended

to minimize possible interference at the Table Mountain Radio Receiving

Zone of the Research Laboratories of the Department of Commerce located

in Boulder County, Colorado.

(1) Licensees and applicants planning to construct and operate a

new or modified station at a permanent fixed location in the vicinity

of Boulder County, Colorado are advised to give consideration, prior to

filing applications, to the need to protect the Table Mountain Radio

Receiving Zone from interference. To prevent degradation of the present

ambient radio signal level at the site, the Department of Commerce

seeks to ensure that the field strengths of any radiated signals

(excluding reflected signals) received on this 1800 acre site (in the

vicinity of coordinates 40 deg.07'49.9'' North Latitude,

105 deg.14'42.0'' West Longitude) resulting from new assignments (other

than mobile stations) or from the modification or relocation of

existing facilities do not exceed the values given in the following

table:

Field Strength Limits for Table Mountain\1\

------------------------------------------------------------------------

Power

Field flux

Frequency range strength density

(mV/m) (dBW/m2)

------------------------------------------------------------------------

Below 540 kHz..................................... 10 -65.8

540 to 1600 kHz................................... 20 -59.8

1.6 to 470 MHz.................................... 10 65.8

470 to 890 MHz.................................... 30 56.2

890 and above..................................... 1 85.8

------------------------------------------------------------------------

\1\ Note: Equivalent values of power flux density are calculated

assuming free space characteristic impedance of 376.7 omega (120 ).

(2) Advance consultation is recommended, particularly for

applicants that have no reliable data to indicate whether the field

strength or power flux density figures in the above table would be

exceeded by their proposed radio facilities. In general, coordination

is recommended for:

(i) Stations located within 2.4 kilometers (1.5 miles) of the Table

Mountain Radio Receiving Zone;

(ii) Stations located within 4.8 kilometers (3 miles) transmitting

with 50 watts or more effective radiated power (ERP) in the primary

plane of polarization in the azimuthal direction of the Table Mountain

Radio Receiving Zone;

(iii) Stations located with 16 kilometers (10 miles) transmitting

with 1 kW or more ERP in the primary plane of polarization in the

azimuthal direction of Table Mountain Radio Receiving Zone;

(iv) Stations located within 80 kilometers (50 miles) transmitting

with 25 kW or more ERP in the primary plane of polarization in the

azimuthal direction of Table Mountain Receiving Zone.

(3) Applicants concerned are urged to communicate with the Radio

Frequency Management Coordinator, Department of Commerce, Research

Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303;

telephone (303) 497-6548, in advance of filing their applications with

the FCC.

(4) The FCC will not screen applications to determine whether

advance consultation has taken place. However, such consultation may

avoid the filing of objections from the Department of Commerce or

institution of proceedings to modify the authorizations of stations

that radiate signals with a field strength or power flux density at the

site in excess of those specified herein.

(c) Federal Communications Commission protected field offices. The

requirements of this paragraph are intended to minimize possible

interference to FCC monitoring activities.

(1) Licensees and applicants planning to construct and operate a

new or modified station at a permanent fixed location in the vicinity

of an FCC protected field office are advised to give consideration,

prior to filing applications, to the need to avoid interfering with the

monitoring activities of that office. FCC protected field offices are

listed in Sec. 0.121 of this chapter.

(2) Applications for stations (except mobile stations) that could

produce on any channel a direct wave fundamental field strength of

greater than 10 mV/m (-65.8 dBW/m\2\ power flux density assuming a free

space characteristic impedance of 120 ) in the

authorized bandwidth at the protected field office may be examined to

determine the potential for interference with monitoring activities.

After consideration of the effects of the predicted field strength of

the proposed station, including the cumulative effects of the signal

from the proposed station with other ambient radio field strength

levels at the protected field office, the FCC may add a condition

restricting radiation toward the protected field office to the station

authorization.

(3) In the event that the calculated field strength exceeds 10 mV/m

at the protected field office site, or if there is any question whether

field strength levels might exceed that level, advance consultation

with the FCC to discuss possible measures to avoid interference to

monitoring activities should be considered. Prospective applicants may

communicate with: Chief, Compliance and Information Bureau, Federal

Communications Commission, Washington, DC 20554.

(4) Advance consultation is recommended for applicants that have no

reliable data to indicate whether the field strength or power flux

density figure indicated would be exceeded by their proposed radio

facilities. In general, coordination is recommended for:

(i) Stations located within 2.4 kilometers (1.5 miles) of the

protected field office;

(ii) Stations located within 4.8 kilometers (3 miles) with 50 watts

or more average effective radiated power (ERP) in the primary plane of

polarization in the azimuthal direction of the protected field offices.

(iii) Stations located within 16 kilometers (10 miles) with 1 kw or

more average ERP in the primary plane of polarization in the azimuthal

direction of the protected field office;

(iv) Stations located within 80 kilometers (50 miles) with 25 kw or

more average ERP in the primary plane of polarization in the azimuthal

direction of the protected field office;

(v) Advance coordination for stations transmitting on channels

above 1000 MHz is recommended only if the proposed station is in the

vicinity of a protected field office designated as a satellite

monitoring facility in Sec. 0.121 of this chapter.

(vi) The FCC will not screen applications to determine whether

advance consultation has taken place. However, such consultation may

serve to avoid the need for later modification of the authorizations of

stations that interfere with monitoring activities at protected field

offices.

(d) Notification to the Arecibo Observatory. The requirements in

this section are intended to minimize possible interference at the

Arecibo Observatory in Puerto Rico. Licensees must make reasonable

efforts to protect the Observatory from interference. Licensees

planning to construct and

[[Page 68926]]

operate a new station at a permanent fixed location on the islands of

Puerto Rico, Desecheo, Mona, Vieques or Culebra in services in which

individual station licenses are issued by the FCC; planning to

construct and operate a new station at a permanent fixed location on

these islands that may cause interference to the operations of the

Arecibo Observatory in services in which individual station licenses

are not issued by the FCC; or planning a modification of any existing

station at a permanent fixed location on these islands that would

increase the likelihood of causing interference to the operations of

the Arecibo Observatory must notify the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address: [email protected]), of the

technical parameters of the planned operation. Carriers may wish to use

the interference guidelines provided by Cornell University as guidance

in designing facilities to avoid interference to the Observatory. The

notification must include identification of the geographical

coordinates of the antenna location (NAD-83 datum), the antenna height,

antenna directivity (if any), proposed channel and FCC Rule Part, type

of emission, and effective isotropic radiated power.

(1) In the Amateur radio service:

(i) The provisions of paragraph (d) of this section do not apply to

repeaters that transmit on the 1.2 cm or shorter wavelength bands; and

(ii) The coordination provision of paragraph (d) of this section

does not apply to repeaters that are located 16 km or more from the

Arecibo observatory.

(2) In services in which individual station licenses are issued by

the FCC, the notification

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