[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Proposed Rules]
[Pages 40808-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19066]
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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
jcopes@fcc.gov.
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 jboley@fcc.gov 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]
BILLING CODE 6712-01-P
