Biennial Review

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 3

[IB Docket No. 98-96, FCC 99-150]

Biennial Review

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document examines the development of a transition plan to

ensure that the transition from the Commission to privately owned

accounting authorities in the settlement of accounts for maritime

mobile, maritime satellite, aircraft and hand-held terminal radio

services. The Commission seeks further comment in this proceeding on

how best to implement this privatization. The Commission initiated this

proceeding pursuant to the Telecommunications Act of 1996, which

directs the Commission to undertake a review every even-numbered year

of all regulations that apply to providers of telecommunications

services to determine whether any such regulation is no longer

necessary.

DATES: Comments are due on or before August 23, 1999; and reply

comments are due on or before September 8, 1999. Written comments by

the public on the proposed information collections are due September

27, 1999.

ADDRESSES: Office of the Secretary, Federal Communications Commission,

445 12th St., SW, Washington, DC 20554. A copy of any comments on the

proposed information collection contained herein should be submitted to

Judy Boley, Federal Communications Commission, Room 1-C804, 445 12th

St., SW, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: John Copes, Attorney-Advisor,

Multilateral and Development Branch, Telecommunications Division,

International Bureau, (202) 418-1478. For additional information

concerning the proposed information collection contained in the FNPRM

contact John Copes at (202) 418-1478, or via the Internet at

[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's FNPRM,

FCC 99-150, adopted on June 21, 1999, and released on July 13, 1999.

The full test of the FNPRM is available for inspection and copying

during normal business hours in the Federal Communications Commission,

Reference Information Center (Room CY-A257), 445 12th St., SW,

Washington, DC 20554 The complete text of the FNPRM may also be

purchased from the Commission's copy contractor, International

Transcription Service, Inc., 1231 20th St., NW Washington, DC 20036,

(202) 857-3800. The FNPRM contains proposed 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

the PRA. OMB, the general public and other Federal agencies are invited

to comment on the proposed information collections contained in this

proceeding.

Summary of FNPRM

1. In July 1998, the Commission adopted a Notice of Proposed

Rulemaking (63 FR 39800, July 24, 1998) (NPRM) to streamline further

the regulations and authorization of privately owned accounting

authorities that settle accounts in the maritime mobile and maritime

mobile-satellite radio services.

2. On June 21, 1999, the Commission adopted a Report and Order and

Further Notice of Proposed Rulemaking (FCC 99-150) to make final the

proposals in its July 1999 NPRM and to institute a transition period

leading to the handing over of its functions to private accounting

authorities. A final rule relating to this proceeding is published

elsewhere in this issue of the Federal Register. In the Report and

Order (R&O) portion of the document, the Commission affirmed its

proposal to withdraw from performing the functions of an accounting

authority and to rely solely upon the private accounting authorities to

provide account-settlement services for maritime and satellite

communications.

3. In the FNPRM, the Commission declined to appoint another

accounting authority to take over the function of ``accounting

authority of last resort'' that the Commission has traditionally

performed. The Commission has traditionally not required U.S. users of

maritime and satellite communications to designate a specific

accounting authority to settle its accounts with foreign cost stations.

Rather, the Commission has been willing to accept accounts from such

foreign coast stations and to attempt to locate the user, send them the

bill and remit their payment. The Commission noted that, upon the

Commission's withdrawal as an accounting authority, there would be no

one to accept such accounts and that it would be necessary to designate

someone as the new accounting authority of last resort or to provide

some other alternative, such as a formula to divide undesignated

[[Page 40809]]

accounts among certified authorities or to require customers to

designate an accounting authority at the time they send the

communications. No one volunteered to perform the function, though the

Commission concluded that it would not designate anyone as the

accounting authority of last resort. The Commission also concluded that

a formula would require someone to administer it and would probably be

difficult to administer. The Commission concluded that it would be

better to require users to designate an accounting authority for each

call. Such a requirement would eliminate undesignated calls or the need

to designate someone to handle them. The Commission noted that another

way to accomplish the same end would be to require users to

presubscribe to the services of an accounting authority in the same

manner that users are now required to presubscribe to a carrier to

handle their long-distance telephone calls.

4. In the FNPRM the Commission also tentatively concluded to delay

its withdrawal as an accounting authority for three years and to

institute a transition period to ensure an orderly transition to

reliance solely upon private accounting authorities. The Commission was

responding to arguments by the Federal governmental agencies for which

it provides account-settlement services, who argued that they need

three years to budget for the increased costs that they will face once

the Commission withdraws as an accounting authority. The Commission now

settles accounts for government agencies at no charge. Because private

accounting authorities typically charge a fee for service, the agencies

will need to budget for money to pay the fees. The Commission noted

that during the transition period it would notify other users of their

need to find an alternative accounting authority. Finally, the

Commission asks interested persons to identify any areas where they

believe Commission withdrawal would cause problems, so that they may be

addressed and resolved.

Regulatory Flexibility Act

5. As required by the Regulatory Flexibility Act, 5 U.S.C. 603, we

are required to prepare an Initial Regulatory Flexibility Analysis

(IRFA) for the proposals contained in the FNPRM, unless we certify that

``the rule will not, if promulgated, have a significant economic impact

on a substantial number of small entities.'' The purpose of this FNPRM

is to seek comment on how best to implement the proposals adopted in

the R&O. The proposals in the FNPRM do not impose any additional

compliance burden on small entities dealing with the Commission.

Rather, the FNPRM seeks comment on a proposed transition period and any

problem areas that should be addressed during this transition period.

The transition period is intended to ensure that the Commission's

withdrawal as an accounting authority shall be as smooth as possible.

We anticipate that the proposals will reduce any regulatory and

procedural burdens on small entities. Accordingly, we certify, pursuant

to Section 605(b) of the Regulatory Flexibility Act, that the rules

proposed in this FNPRM will not, if promulgated, have a significant

economic impact upon a substantial number of small business entities,

as that term is defined by the Regulatory Flexibility Act. The

Commission's Office of Public Affairs, Reference Operations Division,

shall send a copy of this document, including this certification, to

the Chief Counsel for Advocacy of the Small Business Administrations in

accordance with the Regulatory Flexibility Act. We shall analyze the

information submitted during the comment period and, if we determine at

the time that we issue a final rule that such final rule changes will

have a significant economic impact on a significant number of small

business entities, we shall prepare a Final Regulatory Flexibility

Analysis.

Copies to Private Accounting Authorities and Governmental Users

6. The Commission's Office of Public Affairs, Reference Operations

Division, shall send a copy of this FNPRM, including the Initial

Regulatory Flexibility Analysis, to the current U.S.-certified private

accounting authorities (Mackay Communications Inc.; Radio-Holland

Communications, Inc.; Seven Seas Communications, Inc.; KFS World

Communications (d/b/a Globe Wireless); 7 Cs Ltd; Mobile Marine Radio,

Inc.; EXXON Communications Company; Raytheon Service Company; and

Global Communications Corporation) and to the current governmental

users (U.S. Coast Guard, Department of Defense). A list of those

agencies is in an Attachment to this summary.

Initial Paperwork Reduction Act of 1995 Analysis

7. The FNPRM contains a proposed information collection. As part of

our continuing effort to reduce paperwork burdens, we invite the

general public and the Office of Management and Budget (OMB) to comment

on the proposed information collections contained in this FNPRM, as

required by the Paperwork Reduction Act of 1995, Pub. L. 104-13. Public

and agency comments are due on September 27, 1999. Comments should

address: (a) whether the proposed 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. Persons

wishing to comment on the proposed and/or modified information

collections should file written comments on or before August 23, 1999.

The Office of Management and Budget (OMB) must submit its written

comments on the proposed and/or modified information collections, if

any, on or before 60 days after the date of publication of the summary

of this FNPRM in the Federal Register. In addition to filing comments

with the Secretary, they should also submit a copy of any comments on

the information collections contained herein to Judy Boley, Federal

Communications Commission, Room 1-C804, 445 12th Street, SW,

Washington, DC 20554, or via the Internet to [email protected] and to

Virginia Huth, OMB Desk Officer, 10236 NEOB, 725-17th Street, NW,

Washington, DC 20503.

8. Parties in this proceeding may file comments and replies on

paper or electronically. Under Section 1.419 of the Commission's Rules,

47 CFR 1.419, parties filing comments on paper must file an original

and four copies of all comments, reply comments, and supporting

documents. If parties want each Commissioner to receive a personal copy

of their comments, they must file an original plus nine copies. Persons

who wish to participate informally may submit two copies of their

comments, stating thereon the docket number of this proceeding.

Comments and reply comments should be sent to the Office of the

Secretary, Federal Communications Commission, 445 12th St., SW,

Washington, DC 20554. Those filing written pleadings in person should

file them at the counter TW-A325 located in the lobby of 445 12th

Street, SW. Additionally, parties must file a copy of their comments,

replies and supporting documents with the Commission's copy contractor,

International Transcription Service, Inc., 1231 20th St., NW,

Washington, DC 20036. Comments and reply comments

[[Page 40810]]

will be available for public inspection during regular business hours

in the FCC Reference Information Center (Room CY-A257) at 445 12th St.

SW. For additional information about this proceeding, please contact

John Copes at (202) 418-1478.

Supplementary Information Regarding Paperwork Reduction Act

Analysis

OMB Control Number: 3060-XXXX.

Title: Designation of Accounting Authority for Maritime Mobile and

Maritime Mobile-Satellite Radio Communications.

Form Number: N/A.

Respondents: Federal Government; State, local or tribal

governments; businesses or other for profit entities; individuals or

households.

Number of Respondents: 2,600.

Estimated Time per Response: 1.0 hour.

Frequency of Response: One-time reporting requirement; Third Party

Disclosure.

Total Annual Burden: 2,600 hours.

Total Annual Cost: None.

Needs and Uses: When the Commission withdraws as an accounting

authority, it will be necessary for those users who rely upon the

Commission to settle their maritime and satellite radio accounts. As a

result of this FNPRM, the Commission may decide the best way to

accomplish this is to require all users to designate a particular

accounting authority to settle their radio accounts.

Electronic Filing of Comments

9. Pursuant to Section 1.49(f) of the Commission's Rules, 47 CFR

1.49(f), Parties may file their comments, replies and supporting

documents in electronic form via the Internet. Such parties should use

the Commission's Electronic Comment Filing System, which they can

access using the following Internet address: http://www.fcc.gov/e-

file/ecfs.html>

Further information on the process of submitting comments

electronically is available at http://www.fcc.gov/e-

file/>. Pursuant to Section 1.419(d) of the Commission's Rules, 47 CFR

1.419(d), Parties need file only one copy of an electronic submission.

In completing the transmittal screen, a party filing a comment, reply

or supporting document should include his or her full name, U.S. Postal

Service mailing address and the lead Docket number for this proceeding,

which is IB Docket No. 98-96. The Commission will consider

electronically filed comments that conform to the guidelines of this

section part of the record in this proceeding and accord them the same

treatment as comments filed on paper.

10. Parties filing comments, replies and supporting documents on

paper must also file their submissions on diskette. Such a submission

should be on a 3.5 inch diskette formatted in an IBM-compatible format,

using MS DOS and Word Perfect 5.1 for Windows or compatible software.

The diskette should be submitted in ``read only'' mode. The diskette

should be clearly marked with the party's name, the proceeding to which

it is addressed (in this case, IB Docket No. 98-96), the type of

pleading (comment or reply) and the date of submission. The diskette

should be accompanied by a cover letter setting forth the same

information. Each diskette should contain only one party's pleading,

preferably in a single electronic file. The party should submit one

copy of the diskette to John Copes, International Bureau,

Telecommunications Division, 445--12th St., SW, Room 6-C847,

Washington, DC 20554. The party should file an exact copy of the

diskette, identically marked, with the Commission's copy contractor,

International Transcription Service, Inc., at 1231 20th St., NW,

Washington, DC 20036.

Conclusion

11. It is ordered pursuant to Sections 4(i), 4(j), 11, 201-205 and

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

154(j), 161, 201-205 and 303(r), that this FNPRM Is hereby adopted and

comments Are requested as described above.

12. It is further ordered that the Office of Public Affairs,

Reference Operations Division, Shall send a Copy of this FNPRM,

including the regulatory flexibility certification, to the Chief

Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 3

Accounting.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Attachment--Government Agencies Who Use the Federal Communications

Commission as an Accounting Authority

Department of Agriculture

Department of Air Force

Department of the Army

Coast Guard

Department of Commerce

Defense Information Systems Agency

Department of Energy

Federal Aviation Administration

Federal Emergency Management Agency

Department of Health and Human Services

Department of the Interior

Department of Justice

Department of the Navy

Department of Navy--Command

National Aeronautics and Space Administration

National Science Foundation

Office of Secretary of Defense

On-Site Inspection Agency

Department of State

Department of Treasury

United States Information Agency

U.S. Postal Service

Department of Veteran Affairs

[FR Doc. 99-19066 Filed 7-27-99; 8:45 am]

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