[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Proposed Rules]
[Pages 39800-39803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19783]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 3
[IB Docket No. 98-96, FCC 98-123]
1998 Biennial Regulatory Review of Accounts Settlements in the
Maritime and Maritime Mobile-Satellite Radio Services and Withdrawal of
the Commission as an Accounting Authority
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communication Commission adopted a Notice of
[[Page 39801]]
Proposed Rulemaking (NPRM) to streamline further the rules governing
the regulation and authorization of private accounting authorities for
maritime mobile, maritime satellite, aircraft, and hand-held terminal
radio services. The Commission proposes to withdraw from its accounting
authority function and instead to rely upon private accounting
authorities, require private authorities to deal with the public in a
non-discriminatory manner, and designate a new accounting authority of
last resort. The Commission believes that its function as an accounting
clearinghouse is no longer necessary and that its withdrawal from
performing this function will serve the public interest. The proposals
will benefit the public because they will promote competition in the
settlement of maritime radio accounts.
DATES: Comments are due on or before August 24, 1998; and reply
comments are due on or before September 9, 1998. Written comments by
the public on the proposed information collections are due August 24,
1998.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
1919 M Street, N.W., Room 222, Washington, D.C. 20554. A copy of any
comments on the information collections contained herein should be
submitted to Judy Boley, Federal Communications Commission, Room 234,
1919 M St., N.W., Washington, D.C. 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 information collections contained in this NPRM contact
John Copes at (202) 418-1478, or via the Internet at jcopes@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM,
FCC 98-123, adopted on June 18, 1998, and released on July 17, 1998.
The full text of this NPRM is available for inspection and copying
during normal business hours in the FCC Reference Center (Room 239) of
the Federal Communications Commission, 1919 M Street, N.W., Washington,
D.C. 20554. The complete text of this NPRM may also be purchased from
the Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800.
Summary of NPRM
1. The Commission adopted an NPRM (FCC 98-123) proposing to
withdraw from performing the functions of an accounting authority and
to streamline the rules governing the regulation of private accounting
authorities for maritime mobile, maritime satellite, aircraft, and
hand-held terminal radio services. The Commission initiated this
proceeding in response to section 11 of the Communications Act of 1934,
which requires the Commission to review all regulations that apply to
operations or activities of providers of telecommunications services
and to repeal or modify any regulation that it determines to be no
longer necessary in the public interest. Accordingly, the Commission
has begun a comprehensive 1998 biennial review of telecommunications
and other regulations that are overly burdensome or no longer serve the
public interest. The Commission seeks comment on the proposals
contained in this NPRM.
2. In this proceeding, the Commission proposes to withdraw from
performing the functions of an accounting authority including all
services for which the FCC now provides clearinghouse service. The
Commission will continue to operate as the administrator of all U.S.-
certified accounting authorities and the basic rules and procedures for
applications, services, and procedures will continue to govern. Because
other federal agencies have relied upon the FCC for settlements on
their accounts, the Commission specifically requests the governmental
agencies to comment on this proposal as to whether they have any
special needs that would require it to continue to serve as a
clearinghouse for governmental agencies.
3. The Commission seeks comment on the proposal to amend section
3.10(e) to require private accounting authorities to provide service to
anyone making a reasonable request for service, without undue or unjust
discrimination, and impose charges that are reasonable and non-
discriminatory. The rules already require that applicants for
accounting authority certification serve the public on a reasonable and
non-discriminatory basis. To make these obligations more explicit, the
Commission proposes to amend the first sentence of Sec. 3.10(e) to read
as follows:
Section 3.10(e). Applicants must offer their services to any
member of the public making a reasonable request therefor, without
undue discrimination against any customer or class of customer, and
charge reasonable and non-discriminatory fees for services.
This change does not alter the substance of the obligation already
created by Section 3.10(e) but is intended only as a clarification that
private entities have a duty to deal with the public in a non-
discriminatory manner.
4. Historically, the FCC has acted as the accounting authority of
last resort; that is foreign telecommunications operators have sent to
the Commission all accounts where the customer has not designated a
specific accounting authority. If the Commission withdraws from acting
as an accounting authority, it will be necessary to provide an
alternative mechanism. The Commission seeks comment on designating a
new accounting authority of last resort. Some of the options include:
designating a private accounting authority, requiring customers to pre-
subscribe to an accounting authority or to designate an authority on
every message, or developing a formula for distributing messages
without a designated authority among several private accounting
authorities. While a formula would make it easier for the customer, and
would yield a fair distribution of messages among authorities, it would
require an administrator and could increase the cost of the accounts-
settlement function. The Commission seeks comment on this issue as
well.
5. The Commission also seeks comment on its proposal to allow
``grandfathered'' entities, those which already held interim
certification as accounting authorities, to continue their prior
pattern of activities and exempt them from the requirement to deal with
the public at large. In its 1996 Report and Order, 61 FR 20155
(published May 6, 1996), adopting rules for certifying accounting
authorities, the Commission created an exemption for one entity that
had served as accounting authorities only because it owns and operates
the vessels for which it settles charges. The Commission tentatively
concludes that maintaining the status of this grandfathered entity and
continuing to exempt it from the requirement to deal with the public at
large will avoid working an unnecessary hardship on it since it does
not seek or derive profit from performing the functions of an
accounting authority. However, should all 25 Accounting Authority
identification Codes (AAIC), be assigned and new codes become
necessary, the Commission reserves the right to require this
grandfathered entity to serve the public generally or to surrender its
code for reassignment to an entity who will serve the public
indiscriminately. The Commission proposes to retain this reservation in
the regulation of private
[[Page 39802]]
accounting authorities established in this proceeding.
6. The Commission proposes to allow applicants with applications
for accounting authority certification pending before it to amend their
applications to conform to the new rules. The Commission tentatively
concludes that the public interest would be served by giving applicants
an opportunity to amend their applications by showing how they propose
to fulfill the non-discrimination obligation and allowing the public
top address these entities= ability to perform that function.
7. The Commission proposes to amend the ``Application For
Certification As An Accounting Authority,'' FCC Form 44 in the Maritime
and Maritime Satellite Radio Service Regulations, so as to include a
certification term of intent to conduct settlements on a non-
discriminatory basis. The FCC also proposes that all applicants with
accounting-authority applications pending before the Commission amend
their Form 44 submissions within 60 days after the release of a Report
and Order in this proceeding specifically to affirm that they will
serve all customers requesting their services on a non-discriminatory
basis.
Ex Parte
8. This is a non-restricted (i.e., permit-but-disclose) notice-and-
comment rulemaking proceeding. Ex parte presentations are permitted,
except during the Sunshine Agenda period, provided that they are
disclosed as provided in the Commission's rules. See generally 47 CFR
1.1202, 1.1203, 1.1206. Persons making oral ex parte presentations are
reminded that memorandums summarizing the presentations must contain
summaries of the substance of the presentations and not merely a
listing of the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally required.
See 47 CFR 1.1206(b)(2), as revised. Other rules pertaining to oral and
written presentations are set forth in 1.1206(b) as well.
Regulatory Flexibility Act
9. As required by section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
contained in the NPRM. The IRFA is set forth in the attached Rule
Changes. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines as
comments on the rest of the NPRM, but they must have a separate and
distinct heading designating them as responses to the Initial
Regulatory Flexibility Analysis. The Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this NPRM,
including the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administrations in
accordance with paragraph 603(a) of the Regulatory Flexibility Act.
Public Law 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. (1981).
Initial Paperwork Reduction Act of 1995 Analysis
10. This NPRM contains a proposed information collection. As part
of the Commission's continuing effort to reduce paperwork burdens, it
invites the general public and the Office of Management and Budget
(OMB) to comment on the information collections contained in this NPRM,
as required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due August 24, 1998. Comments should
address: (a) whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission; (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.
Notice and Comment Provision
11. Pursuant to Section 1.415 of the Commission's Rules, 47 CFR
1.415 (1997), interested persons may become parties to this proceeding
by filing comments on these proposals on or before August 24, 1998, and
reply comments on or before September 9, 1998. All relevant and timely
comments will be considered by the Commission before final action is
taken in this proceeding. In reaching its decision, the Commission may
take into consideration information and ideas not contained in the
comments, provided that such information or a writing indicating the
nature and source of such information is placed in the public file, and
provided that the Commission's reliance on such information is noted in
the Report and Order.
12. 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 those 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, 1919 M St., N.W., Room 222, Washington, D.C.
20554. 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., N.W.,
Washington, D.C. 20037. Comments and reply comments will be available
for public inspection during regular business hours in the FCC
Reference Center (Room 239) at that address. For additional information
about this proceeding, please contact John Copes at (202) 418-1478.
13. 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 Sec. 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.
14. 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
[[Page 39803]]
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 electronnic file. The party should submit one
copy of the diskette to John Copes, International Bureau,
Telecommunications Division, 2000 M St., N.W., Room 844, Washington,
D.C. 20054. The party should file an exact copy of the diskette,
identically marked, with the Commission's copy contractor,
International Transcription Service, Inc.
15. Persons wishing to comment on the proposed and/or modified
information collections should file written comments on or before
August 24, 1998. The Office of Management and Budget (OMB) must submit
its written comments on the proposed information collections, if any,
on or before [insert date 60 days after the date of publication of the
summary of this Notice of Proposed Rulemaking 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 Judy Boley, Federal Communications Commission, Room 234, 1919 M
Street, N.W., Washington, DC 20554, or via the Internet to
jboley@fcc.gov.
Conclusion
16. The Commission is proposing these rules to clarify the public
service requirements for all those pending applicants and all future
entities who may wish to serve as accounting authorities for the
settlement of international radio maritime accounts involving U.S.
registered vessels operating in foreign or international waters. By
these rules, the Commission seeks to ensure that the public interest is
adequately served as the Commission withdraws from its function as an
accounting authority for non-governmental users of maritime mobile and
maritime mobile-satellite radio services. It seeks comment on the
proposed changes to the application procedure and any alternatives
interested persons may wish to suggest.
Ordering Clauses
17. Accordingly, 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. Secs. 154(i), 154(j),161, 201-205 and 303(r), that this NPRM
is hereby adopted.
18. It is further ordered that the Office of Public Affairs,
Reference Operations Division, shall send a copy of this Notice of
Proposed Rulemaking, including the regulatory flexibility
certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
Part 3 of the Commission's Rules and Regulations (Chapter 1 of
Title 47 of the Code of Federal Regulations) is amended as follows:
PART 3--AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES
IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES
1. The authority citation for part 3 continues to read as follows:
Authority: 47 U.S.C. 154(i), 154(j) and 303(r).
2. Section 3.10 is proposed to be amended by revising the first
sentence of paragraph (e) to read as follows:
Sec. 3.10 Basic qualifications.
(e) Applicants must offer their services to any member of the
public making a reasonable request therefor, without undue
discrimination against any customer or class of customer, and charge
reasonable and non-discriminatory fees for service. * * *
* * * * *
[FR Doc. 98-19783 Filed 7-23-98; 8:45 am]
BILLING CODE 6712-01-P
