[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53231-53242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25235]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1, 13, 22, 80, 87, 90, 95, 97, and 101
[WT Docket No. 98-20; WT Docket No. 96-188; RM-8677; RM-9107; FCC 99-
139]
Facilitate the Development and Use of the Universal Licensing
System in the Wireless Telecommunications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission disposes of several petitions
for reconsideration and clarifies its licensing rules into a single set
of rules for all wireless radio services. The Commission further
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.
[[Page 53232]]
DATES: Effective November 30, 1999, except for Secs. 22.529(c),
22.709(f), 22.803(c), and 22.929(d) which contain modified information
collection requirements that have not been approved by the Office of
Management and Budget. The Commission will publish a document
announcing the effective date of these sections in the Federal
Register. Written comments by the public on the modified information
collections are due November 1, 1999. Written comments must be
submitted by OMB on the information collections on or before November
30, 1999.
ADDRESSES: Federal Communications Commission, Office of the Secretary,
445 Twelfth Street, SW, TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Don Johnson, Policy and Rules Branch,
Commercial Wireless Division, Wireless Telecommunications Bureau, at
(202) 418-7240; Jamison Prime or Karen Franklin, Policy and Rules
Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, at (202) 418-0871.
SUPPLEMENTARY INFORMATION: This Memorandum Opinion and Order on
Reconsideration in WT Docket No. 98-20, WT Docket No. 96-188, RM-8677,
and RM-9107 adopted June 10, 1999 and released June 28, 1999, 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/1999/
index.html.
Synopsis of Memorandum Opinion and Order on Reconsideration
I. Introduction
In this Memorandum Opinion and Order on Reconsideration (MO&O) we
address petitions for reconsideration of our Report and Order, 63 FR
68904 (December 14, 1998) in the Universal Licensing proceeding (ULS
R&O). The ULS R&O, adopted on September 17, 1998, established
consolidated and streamlined rules governing license application
procedures for the Universal Licensing System (ULS), the Commission's
automated licensing system and integrated database for wireless
services. The ULS R&O also adopted new consolidated application forms
to enable all wireless licensees and applicants to file applications
electronically in ULS. In addition, we established procedures to ensure
a smooth transition from our pre-existing licensing processes to the
processes developed for ULS. We received eight petitions for
reconsideration addressing various aspects of the ULS R&O. Four parties
filed comments on the petitions and four parties filed reply comments.
In this order, we substantially uphold the decisions made in the ULS
R&O, but we make certain revisions and clarifications to our rules in
response to the petitions and on our own motion.
II. Discussion
A. Electronic Filing Issues
1. Electronic Filing Deadlines
Background. In the ULS R&O, we concluded that all applicants and
licensees in auctionable services and in common carrier services that
are not subject to auction because they operate on shared spectrum
would be required to file applications electronically as of (1) July 1,
1999, or (2) six months after the conversion of the particular service
to ULS, whichever is later.
Discussion. We recognize that converting to electronic filing poses
technical challenges for filers, and we provide a six month transition
period during which filers can test their ability to file
electronically in ULS before mandatory electronic filing takes effect.
We do not believe that a blanket 24-hour grace period is in the public
interest. We also disagree with the presumption underlying the grace
period concept that most technical difficulties are in fact beyond the
applicants' control. Applicants can minimize the risk of unexpected
last-minute technical difficulties with electronic filing by testing
equipment and software in advance, familiarizing themselves with the
electronic filing process, and preparing to file far enough in advance
of the deadline to deal with technical problems that may occur.
Applicants can consult with the Commission's ULS technical support
staff at 202-414-1250 at any time during normal business hours.
We recognize that there may be instances where an applicant
exercises diligence in preparing to file electronically, but
nonetheless encounters technical difficulties that are truly beyond its
control. We believe that such situations are better handled on a case-
by-case basis by waiver rather than by means of a blanket rule. In
those instances where applicants are unable to file electronically
because of a technical problem with the Commission's own electronic
filing system, we will extend filing deadlines as needed until the
Commission staff has resolved the problem.
2. Copy Requirements for Manually Filed Forms
Background. A petitioner requested that the requirement of a copy
for manually filed applications be eliminated so that only the original
need be submitted.
Discussion. We believe that requiring an original plus a copy of
manually filed applications will minimize the risk of losing or
misplacing the application before it is scanned into ULS, because the
original will be on file while the copy is scanned.
3. Transition Period for Filing of Pre-ULS Forms
Background. In the ULS R&O we determined that use of pre-ULS forms
would be allowed for six months after the effective date of the ULS
rules adopted in the ULS R&O. The ULS rules became effective on
February 12, 1999. As a result, the six month transition period for use
of pre-ULS forms expires on August 12, 1999. However, under the current
ULS deployment schedule, some wireless services will not be converted
from their ``legacy'' licensing databases to ULS until after this date.
Discussion. We conclude that the transition period during which
applicants may continue to file pre-ULS forms should be extended for
those services that have not yet been converted to ULS. Therefore, on
our own motion, we amend our rules to allow the filing of pre-ULS forms
until (1) August 12, 1999, or (2) six months after the service is
converted to ULS, whichever is later.
B. Standardization of Practices and Procedures for WTB Applications and
Authorizations
1. Amendments to Applications
Background. A petitioner asked for clarification of section 1.927
of the Commission's rules, as amended by the ULS R&O, regarding
amendments of pending applications.
Discussion. We clarify that applicants can amend their applications
as a matter of right as long as the application has not been listed on
a public notice for a competitive bidding process and is not subject to
any of the remaining exceptions in section 1.927.
2. Frequency Coordination of Minor Amendments/Modifications
Background. In certain part 90 and part 101 services, frequency
coordination is required of applicants or licensees prior to filing
certain applications, major amendments to
[[Page 53233]]
pending applications, or major modifications to licenses. In the ULS
R&O, we revised our frequency coordination requirements in part 90 and
part 101 so that all applicants and licensees subject to coordination
will comply with the same frequency coordination requirements. We also
specified in part 1 that amendments to applications or modifications to
licenses that require prior coordination are defined as major changes
for filing purposes. Two petitioners asked for clarification or
reconsideration of our rules relating to frequency coordination for
certain technical changes in the fixed microwave services that are
defined as minor under section 1.929.
Discussion. Section 101.103(d) of our rules sets forth coordination
requirements for changes to microwave systems. The only change we have
implemented in this procedure in the ULS R&O was to eliminate the
requirement previously contained in section 101.103(d) that in the case
of minor amendments, the coordination process must be completed prior
to the filing of the amendment. However, a microwave applicant or
licensee proposing a minor technical change must still coordinate as
required by the rule prior to implementing the change.
3. Returns and Dismissals of Incomplete or Defective Applications
Background. In the ULS R&O, we adopted a single consolidated rule
concerning dismissal of applications and established a uniform policy
regarding return of applications for correction and refiling by the
applicant. Under section 1.934, the Commission may dismiss any
defective application, but we also retain the discretion to return an
application for correction if circumstances warrant. We stated that
applicants receiving returned applications would have 30 days from the
date of the Commission's return letter to correct the defect and refile
the application, unless the return letter specified a shorter period.
One petitioner asked for reconsideration of the 30 day standard.
Discussion. We conclude that a 60 day period is more reasonable. We
will also apply this policy to returns in all wireless services,
including non-coordinated services. However, we take this opportunity
to reiterate several aspects of our dismissal and return policy. First,
in conjunction with the deployment of ULS, the Wireless
Telecommunications Bureau (Bureau) has announced uniform standards for
dismissal of defective applications that will reduce the number of
applications that are returned rather than dismissed without prejudice.
Second, in those instances where we return applications for correction,
we retain the discretion to require refiling in less than 60 days,
provided that the return notice specifies the shorter period. Finally,
if a corrected application includes changes that constitute major
amendments, it will be governed by our major amendment rule and treated
as a new application with a new filing date.
4. Discontinuation of ``Reinstatement'' Applications
Background. In the ULS R&O, we eliminated reinstatement procedures
in those wireless services that allowed licensees who failed to file a
timely renewal application to request reinstatement of the expired
license. One petitioner asked for reconsideration of this decision, and
proposed that we apply a 30-day reinstatement window to all wireless
licenses.
Discussion. We emphasize that the licensee is fully responsible for
knowing the term of its license and filing a timely renewal
application. In addition, as we stated in the ULS R&O, ULS will send
out reminder letters to licensees 90 days prior to the renewal
deadline.
Our treatment of late-filed renewal applications will take into
consideration the complete facts and circumstances involved, including
the length of the delay in filing, the performance record of the
licensee, the reasons for the failure to timely file, and the potential
consequences to the public if the license were to terminate. In
instances where a renewal application is late-filed up to 30 days after
the expiration date of the license, denial of the renewal application
and termination of the licensee's operations would be too harsh a
result in proportion to the nature of the violation. At the same time,
we believe that some sanction is warranted for late filing of renewal
applications, even if the late filing is inadvertent and the length of
delay is not significant. We will handle late-filed renewal
applications as follows: If a renewal application is late-filed up to
30 days after the license expiration date in any wireless service, and
the application is otherwise sufficient under our rules, we will grant
the renewal nunc pro tunc. The Wireless Bureau, after reviewing all
facts and circumstances concerning the late filing of the renewal
application, may, in its discretion, also initiate enforcement action
against the licensee for untimely filing and unauthorized operation
between the expiration of the license and the late renewal filing,
including, if appropriate, the imposition of fines or forfeitures for
these rule violations. Applicants, who file renewal applications more
than 30 days after license expiration, may also request renewal nunc
pro tunc, by filing a request for rule waiver. Such requests for rule
waiver filed more than 30 days after license expiration will be subject
to stricter review and will not be granted routinely and may be
accompanied by enforcement action including more significant fines or
forfeitures.
5. Assignments of Authorization and Transfers of Control
Background. One petitioner argued that the Commission should
eliminate the need for wireless licensees to file public interest
statements as exhibits to applications for assignment of license or
transfer of control.
Discussion. Our ULS rules do not require a public interest
statement to be attached to assignment or transfer applications, nor is
there such a requirement on FCC Form 603. In some instances, such as
transfers or assignments that have competitive implications or involve
designated entities, we have required applicants to provide a public
interest statement because additional information is needed for the
Commission to make a determination under section 310(d) of the Act that
the proposed transfer or assignment is in the public interest.
6. Use of Taxpayer Identification Numbers
Background. In the ULS R&O, we required all ULS applicants and
licensees to register their Taxpayer Identification Numbers (TINs) with
the Commission through ULS. In the case of auctionable services, we
also required applicants and licensees to provide TIN information for
attributable interestholders as defined in section 1.2112(a) of the
rules. Attributable interestholders are defined as any person or entity
who holds a direct or indirect interest in the applicant/licensee of 10
percent or greater, or any other person or entity who exercises actual
control of the applicant/licensee.
Several petitioners asked for reconsideration of our requirement to
disclose the TINs of attributable interestholders. Applicants and
licensees are required by the Debt Collection Improvement Act (DCIA) to
submit their TINs to the Commission. Petitioners contend that any
collection of TIN information from persons or entities other than the
licensee or applicant itself is beyond the scope of the DCIA. A
petitioner contends that the TIN collection requirement is overbroad
because it will require officers and directors of a licensee to submit
their individual Social Security numbers
[[Page 53234]]
(SSNs). Similarly, an amateur radio licensee asked for reconsideration
of the requirement that Amateur Radio applicants and licensees provide
their SSNs to the Commission.
Discussion. We disagree with the contention that the DCIA
authorizes the collection of only applicant and licensee TINs. Congress
enacted the DCIA as part of an effort to increase the government's
effectiveness in collecting debt from private entities. The DCIA
requires all persons ``doing business'' before a Federal agency to
provide a TIN as a condition to receiving governmental benefits,
regardless of whether fees are collected. The DCIA defines a person
``doing business with a Federal Agency'' as ``an applicant for, or
recipient of, a Federal license, permit, right-of-way, grant, or
benefit payment administered by the agency * * *.'' We concluded that
this definition extended to 10 percent or greater interestholders in
the applicant because these parties are treated as akin to the
applicant for purposes of our ownership disclosure requirements.
We continue to believe that both the letter and the spirit of the
DCIA require collection of TIN information beyond the applicant/
licensee level. We also affirm our decision to extend the TIN reporting
requirement for auctionable services to all 10 percent or greater
interestholders in the applicant or licensee, as defined in section
1.2112(a). With or without control, persons or entities with a 10
percent or greater interest in an applicant or licensee have a
significant stake in the venture and reap substantial benefits from the
award of the license. We believe it is reasonable for DCIA purposes to
regard persons and entities that hold an attributable interest in an
applicant or licensee as ``doing business'' with the Commission.
We also clarify certain elements of the TIN requirement. One
petitioner argues that officers and directors of a corporation should
not be required to provide SSNs, because they are not personally liable
for corporate debts and fall outside the scope of the DCIA. We disagree
with the contention that disclosure of individual officer or director
SSNs is necessarily beyond the scope of the DCIA. In circumstances
where a director or officer is an attributable interestholder in the
licensee (by virtue of holding a 10 percent or greater ownership
interest) or otherwise personally exercises control over the licensee,
the officer or director must be identified under section 1.2112(a) of
the rules. We conclude that it meets the DCIA definition of a person
``doing business'' before the agency. We clarify, however, that the TIN
disclosure requirement does not extend to officers or directors that
hold no attributable ownership interest and do not otherwise exercise
personal control over the licensee. In the absence of one or both of
these factors, we do not believe that status as an officer or director
per se brings the individual within the scope of the DCIA, just as it
is not a sufficient interest to require disclosure under section
1.2112(a). One petitioner also sought relief from the TIN disclosure
requirement with respect to attributable interestholders that are
beyond the control of the applicant or licensee. We believe that
requests for relief from this rule are better handled on a case-by-case
basis under our waiver rules.
Finally, we deny reconsideration of the requirement that Amateur
Radio applicants and licensees provide their SSNs to the Commission. We
have determined that Amateur applicants and licensees are not exempt
from the TIN disclosure requirement.
C. Collection of Licensing and Technical Data
1. Public Mobile Radio Service Data Requirements
In the ULS R&O, we streamlined many of our rules to reduce the
burden on applicants and licensees providing licensing and technical
data for commercial services.
a. Site-based vs. Geographic-based Licensing
Background/Discussion. One petitioner argued that the ULS R&O was
ambiguous as to whether cellular would be classified in ULS as a site-
specific service, a geographically licensed service, or a ``hybrid'' of
the two. We clarify that we did not intend to place any additional
requirements on cellular other than those enunciated in the rules.
b. Construction Notification
Background/Discussion. One petitioner noted that the revised
section 1.946(d) required a licensee to notify the Commission of the
completion of construction within 15 days of the ``expiration of the
applicable construction or coverage period.'' We amend our part 22
rules to clarify that the notification requirements are governed by
section 1.946 of our rules.
c. Phase II Applications--Ownership Information
Background/Discussion. One petitioner also sought elimination of
section 22.953(a)(5) of the Commission's rules, which requires that
cellular unserved area applicants provide ownership information. We
will remove section 22.953(a)(5) as requested.
d. Revised Section 22.165(e)
Background/Discussion. One petitioner asserted that we revised
section 22.165(e) in such a way as to make a substantive rule change
limiting the circumstances in which a cellular licensee may enter into
a contract extension with a neighboring licensee to add transmitters
with contours that extend beyond the licensee's CGSA. We made no
substantive changes to the rule, which still permits contract
extensions as it did prior to the ULS R&O.
e. Mapping Requirements
Background/Discussion. A petitioner requested reconsideration of
our decision to retain the requirement for filing maps until ULS's
mapping software is available. We disagree with the proposal to
eliminate the filing of maps immediately. The primary purpose of
maintaining a file of up to date CGSA maps is to provide a quick and
easy way for interested parties and the public to determine the
availability of unserved areas in a particular cellular market. The
only time full size paper maps must be filed with the Commission is
when there is a change to a licensee's CGSA in connection with the
licensee's system information update (SIU) at the conclusion of its
five-year initial build-out of an MSA or RSA, or a Phase II
application. At this time, the Commission is not prepared to set a date
certain as to the availability of the ULS mapping program. The Bureau
will issue a Public Notice when the new ULS mapping utility is online
and cellular licensees and applicants no longer need to file maps. The
ULS mapping program will not rely on SIU filings, but ULS will use the
most current technical data in the ULS database, whether from the
database correction letters filed in 1998 or subsequent application
filings, to determine a CGSA in the ULS mapping program.
f. Antenna Pattern Information
Background. In the ULS R&O we eliminated the requirement that Part
22 paging licensees submit data concerning antenna type, model, and
manufacturer to the Commission. We amended our rules to require Part 22
licensees to maintain this information in their station records and to
produce it to other licensees or applicants upon request. On February
12, 1999, Timothy E. Welch dba Hill & Welch (Welch) filed a petition
for review of the ULS R&O in the United States Court of Appeals for the
District of Columbia Circuit. Welch
[[Page 53235]]
asked for judicial review of our decision to eliminate this requirement
stating that it is essential for applicants and licensees to be able to
obtain this information from the Commission.
Discussion. Although Welch did not file a petition for
reconsideration on this issue, the Commission addresses his petition
for review on our own motion. Welch overstates the relevance of antenna
type, model, and manufacturer information to the determination of
paging licensee service contours. Under our paging rules adopted in the
Part 22 Rewrite Order, 59 FR 59502 (1994), service contours are
calculated based on a formula that utilizes the transmitting antenna's
effective radiated power (ERP) and height above average terrain (HAAT).
Prior to 1994, the Commission used a different methodology to calculate
service area contours that required licensees to provide more detailed
information regarding each transmitter, including technical antenna
information concerning antenna type and model. However, when the
Commission replaced this approach with the formula-based approach of
the Part 22 Rewrite Order, 59 FR 59502 (1994), antenna type and model
information became irrelevant to the determination of service contours
under the rules. Our decision to eliminate these technical filing
requirements in the ULS R&O simply recognized the fact that the
Commission no longer required this information as part of the paging
licensing process. Under the revised rules, site-based paging
applicants must still file other technical information regarding their
facilities, including ERP, antenna height, and other information
specified in section 22.529(c).
We conclude that in the few cases where antenna make and model
information may be required to resolve an interference dispute, the
procedures adopted in the ULS R&O adequately protect the interests of
parties who may require this information. These procedures require Part
22 licensees to retain technical antenna information in their station
records and to produce it to other parties within ten days of a
request.
2. Service Code Classification of Private Land Mobile Services
Background. One petitioner suggested the Commission establish a new
Public Service Pool and corresponding service codes for power and
petroleum and railroad services and other critical infrastructure or
public service entities.
Discussion. Retention of service codes eliminated in the Refarming
Second Report and Order or the creation of a new Public Service Pool is
beyond the scope of this proceeding.
3. Fixed Microwave Service Data Requirements
Background. One petitioner requests clarification that point-to-
point microwave applicants do not need to specify a geographic area of
operation on Form 601 because geographic area of service is not
applicable to point-to-point operations.
Discussion. Although Form 601 requires identification of the
geographic area of operation for certain services, we clarify that this
requirement does not apply to point-to-point microwave services.
Moreover, if an applicant electronically files an application for
point-to-point microwave channels, the field requesting identification
of geographic area of operation will be blocked automatically,
preventing the applicant from incorrectly entering information in the
field.
4. Amateur Radio Service Issues
a. Modifications to Amateur Application Form (Form 605)
Background. One petitioner requested various changes to Form 605
including: (1) Provision of a short-form specifically for Amateur
Radio; (2) Exclusion from the requirement to provide telephone numbers
and e-mail addresses; (3) Exclusion from certifying compliance with
section 5301 of the Anti-Drug Abuse Act of 1988; and (4) Clarification
of certain questions and instructions on Form 605, Schedule D. Another
petitioner requested that Form 605 be modified to allow for inclusion
of (1) Additional information regarding certifications by Volunteer
Examiner Coordinators (VECs), and (2) Information concerning where and
when an examination for a new or upgraded license was administered.
Discussion. We believe the Form 605 will provide for fast and easy
filing by Amateur applicants, particularly if they file electronically.
Similarly, we believe it is reasonable to request that Amateur
applicants provide a telephone number and e-mail address. We clarify,
however, that the provision of telephone and e-mail information by
Amateur Radio applicants is optional as long as they provide a valid
U.S. mailing address. We will also modify the Form 605 certification
pertaining to the Anti-Drug Abuse Act to clarify that it does not apply
to services, including Amateur Radio, that are exempted from this
requirement under section 1.2002(c) of the rules.
b. Charges by Volunteer Examiner Coordinators
Background. A petitioner filed a Petition for Reconsideration and
Request for Rule Making (Petition and Request) in reference to the
Electronic Filing of License Renewal and Modification Applications in
the Amateur Radio Service Order requesting that Volunteer Examiner
Coordinators (VECs) not be allowed to charge fees for renewals or
modification of amateur licenses. With respect to fees for renewals and
modifications, this petitioner maintained that VECs may only be
reimbursed for out-of-pocket expenses incurred in the examination
procedure.
Discussion. Modifications and renewals performed by VECs do not
fall within the provisions governing VEC reimbursement that apply to
activities related to conducting examinations for amateur operator
license applicants. Compensation, if any, the VEC organization receives
as a result of assisting with renewals and modifications is a matter
that is between the Amateur operator choosing to use the organization's
services and the organization.
c. Issuance of License Documents
Background. One petitioner stated that a legal and practical
necessity still exists for Amateur operators to receive a license
document issued by the Commission.
Discussion. Amateur operators will continue to receive a printed
license generated by ULS shortly after their licensing data has been
entered into the ULS database.
d. Club Station Call Sign Administrators
Background. One petitioner requested several new rules concerning
Club Station Call Sign Administrators (CSCSAs).
Discussion. We retain our current requirement that CSCSAs retain
application information for 15 months, which is the same requirement
applicable to retention of such information by VECs. We confirm that
assignment of call signs to club stations will be based on the
sequential call sign system used by all Amateur operators.
e. Other Amateur Issues
Background. One petitioner requested that (1) United States
citizens who are also citizens of other countries should not receive
reciprocal authorization and that a reciprocal licensee must be a
citizen of the country which issued the basic amateur radio license;
(2) Clarification of various operating privileges; and (3) That all
requirements
[[Page 53236]]
pertaining to Amateur Radio should appear in only one rule part and not
appear in Part 1.
Discussion. On our own motion, we make certain non-substantive
amendments and corrections to our Amateur rules to eliminate
duplicative rules and conform them with our consolidated ULS rules.
Specifically, we revise section 97.15 to conform it with Part 17 of the
rules and to restore a rule section that was inadvertently removed by
the ULS R&O. We also delete language in sections 97.17 and 97.21
regarding administering Volunteer Examiner requirements that duplicates
other rule sections.
5. General Mobile Radio Service Issues
In the ULS R&O, we adopted numerous changes to the General Mobile
Radio Service (GMRS) to eliminate rules that had become duplicative or
otherwise unnecessary to our regulatory responsibilities, as well as to
ensure that our streamlined licensing process collects the minimum
information needed of GMRS licensees and applicants.
On June 1, 1999, in response to several petitions, we adopted a
partial stay order in which we determined that it was in the public
interest to stay the effectiveness of our new rule, section 95.29(e)--
which restricts the use of the 462.675 MHz/467.675 MHz channel pair to
traveler's assistance and emergency use--pending resolution of the
petitions. Also, as an initial matter, we conclude that because the
``repeater'' definition adopted in the ULS R&O describes the usage
characteristics outlined in the now-removed rule section describing
mobile relay station communication points (Sec. 95.57) and limited by
our rule describing available channels (Sec. 95.29), our definition is
consistent with both our former rules and current practice.
a. Channeling Plan
In the ULS R&O, we adopted an ``all-channel'' usage plan, which
authorized stations to transmit on any authorized channel from any
geographic location where the FCC regulates communication, but
restricted use of the 462.675 MHz/467.675 MHz channel pair to emergency
and traveler's assistance use. Consistent with the actions we took in
the PRSG Stay Order, FCC 99-129 (rel. June 9, 1999), we allow
unrestricted use of the of the 462.675 MHz/467.675 MHz channel pair by
all eligible GMRS licensees. We conclude that allowing use of the
462.675 MHz/467.675 MHz channel pair in the same way that GMRS users
may use any other channel pair will not hinder emergency and traveler's
assistance communications, and remove the restriction on use of the
462.675 MHz/467.675 MHz channel pair.
b. Use of Repeaters
In the ULS R&O, we also determined that the points of communication
rules should be eliminated. To remove any misconceptions, we include in
our rules a statement that limiting the use of a repeater to certain
user stations is permissible. Repeater owners, as part of management of
their GMRS systems, are free to decide what means of control, if any,
are necessary. We disagree with one commenter's argument that removal
of the points-of-communication rules pertaining to repeater use makes
the GMRS rules ``in judicial noncompliance'' with the U.S. Criminal
Code. The commenter did not attempt to describe how the unauthorized
use of a GMRS repeater satisfies the elements of the crime described in
the statue, nor how the statute places such a restriction on the
Commission.
c. GMRS Licensing by Non-Personal Licensees
Under our GMRS rules, non-individual licensees (who would be
ineligible to obtain a license for a new GMRS system under our current
rules) are allowed to maintain existing systems under
``grandfathering'' provisions, but are prohibited from modifying or
expanding their operations beyond their current authorization. Our
treatment of, and procedures with respect to, ``grandfathered'' GMRS
licensees have not changed. Section 95.5 of our Rules expressly
prohibits grandfathered non-individual GMRS licensees from making major
modifications to an existing system license. To remove any possible
ambiguity, however, we add a cross-reference in section 95.5 to section
1.92 and clarify the point that the major modifications listed in the
part 1 rules apply to GMRS.
We also take this opportunity to resolve a pending petition for
rulemaking which had requested organizational licensing eligibility
under GMRS in order to support disaster service organizations.
Organizational licensing had already been rejected in a 1988
restructuring of GMRS, and the petition offered no additional basis for
reconsidering that decision. We dismiss the petition and decline to
alter the eligibility rules as adopted in the ULS R&O.
One petitioner suggests that FCC Form 605 is inappropriate for non-
individual licensees, as they will continue to need to specify certain
technical data. These ``grandfathered'' licensees will be required to
operate in accordance with certain technical specifications no longer
required of individual licensees, and are also prohibited from making
major modifications to their systems. Thus, we have no need for these
licensees to specify technical data.
d. Technical Issues
One petitioner asks that we update our rules to define a ``channel
pair.'' Under our ``all-channel'' usage plan, we clarify that a channel
pair consists of one 462 MHz frequency and one 467 MHz frequency, and
revise Secs. 95.29(a) and (b) to reflect this concept. We do not agree
that a channel pair must consist of two channels exactly 5.000 MHz
apart.
GMRS users continue to have a responsibility under Sec. 95.7(a) of
our rules to ``cooperate in the selection and use of channels to reduce
interference and to make the most effective use of the facilities,''
Our new rules under Sec. 95.29 support this policy by allowing GMRS
users the flexibility to select the best channel at any given time or
place, and this flexibility is not intended to allow GMRS users to
introduce practices that create additional interference or result in
inefficient use of spectrum to the detriment of other GMRS users.
The ULS R&O defined ``repeater'' to clarify its meaning for GMRS
licensees and users with commonly accepted GMRS terminology. One
petitioner claims that our use of the term ``simultaneously'' excludes
many repeaters from our technical definition. By ``simultaneously,'' we
mean that the repeater initiates the retransmission of a communication
at the same time it is still receiving that communication. We
distinguish this from ``instantaneous,'' by which we mean receipt and
retransmission without delay. Stations that cannot engage in
simultaneous receipt and retransmission of communications do not fall
within the definition of a ``repeater'' and thus may not use the
channels designated for repeater use. The operation of stations in this
configuration is no different than the operation of any two other GMRS
stations transmitting on the same channel. Our rules sharply restrict
GMRS communications from any station, prohibiting, inter alia,
communications intended for mass media broadcast and messages to
amateur stations.
In the ULS R&O, we modified Sec. 95.179(a) to remove the
requirement that eligible immediate family members must live in the
same household as the individual GMRS licensees, as we do
[[Page 53237]]
not collect that information and that distinction is largely
unenforceable. We did not modify Sec. 95.179(d). Accordingly, we
conclude that Secs. 95.179(a) and 95.179(d) are not contradictory, as
they are subsections of a general rule describing who may be station
operators.
III. CONCLUSION
In this proceeding, the Commission addresses petitions for
reconsideration of our Report and Order in the Universal Licensing
proceeding. In this order, we substantially uphold the decisions made
in the ULS R&O, but we make certain revisions and clarifications to our
rules in response to the petitions and on our own motion.
IV. PROCEDURAL MATTERS
A. Regulatory Flexibility Act
Supplementary 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 16938, April 7, 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. A Final Regulatory Flexibility Analysis (``FRFA'') was
incorporated in the ULS R&O, and the Commission received no petitions
for reconsideration on any issues related to the FRFA. This present
Supplemental Final Regulatory Flexibility Analysis conforms to the RFA,
see 5 U.S.C. 604, and accompanies this MO&O, which addresses petitions
for reconsideration submitted regarding the ULS R&O.
A. Need for and objectives of this Memorandum Opinion and Order on
Reconsideration
In this rulemaking the Commission consolidates, revises, and
streamlines its rules governing license application procedures for
radio services licensed by the Bureau (Bureau). See the description in
section D, infra. The rule changes effected by this Memorandum Opinion
and Order on Reconsideration will further implement the policy changes
put in place by the ULS R&O.
B. Summary of significant issues raised by public comments in response
to the Final Regulatory Flexibility Analysis (FRFA)
No petitions for reconsideration were filed with respect to the
Final Regulatory Flexibility Analysis contained in the ULS R&O. This
MO&O is consistent with and does not materially change the Final
Regulatory Flexibility Analysis, pursuant to the Regulatory Flexibility
Act, see 5 U.S.C. 604, contained in ULS R&O, with the exception of the
projected reporting, recordkeeping and other compliance requirements
and the professional skills needed to prepare any records or reports.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
As noted above, a Final Regulatory Flexibility Analysis was
incorporated into the ULS R&O. In that analysis, we described in detail
the small entities that might be significantly affected by the rules
adopted in the ULS R&O. Those entities may be found in a number of
wireless services including: cellular radiotelephone service, broadband
and narrowband PCS, paging, air-ground radiotelephone service,
specialized mobile radio service, private land mobile radio service,
aviation and marine radio service, offshore radiotelephone service,
general wireless telecommunications service, fixed microwave service,
commercial radio operators, amateur radio services, personal radio
services, public safety radio services and governmental entities, rural
radiotelephone service, marine coast service, and wireless
communications service. In this present Supplemental Final Regulatory
Flexibility Analysis, we hereby incorporate by reference the
description and estimate of the number of small entities from the
previous FRFA in this proceeding.
The rule changes in this MO&O will affect all small businesses
filing new wireless radio service license applications or modifying or
renewing an existing license. To the extent that a rule change here
affects a particular wireless service, our estimates, contained in
Appendix B of the ULS R&O, remain valid as to the size of those
services.
D. Description of the projected reporting, recordkeeping, and other
compliance requirements
We will amend sections 22.529, 22.709, 22.803, and 22.929 so as to
make those rules conform with the ULS R&O. Part 22 Licensees will no
longer need to file certain categories of antenna information with the
Commission. The licensees will need to keep that information on file
and produce it within ten days of receiving a request for such
information from other licensees or applicants. This policy change was
already assessed in the Final Regulatory Flexibility Analysis. In
addition, section 1.928 (``Frequency Coordination, Canada'') reinstates
a rule that was inadvertently removed.
E. Steps taken to minimize significant economic impact on small
entities, and significant alternatives considered:
As noted in the Part E, Appendix B, ULS 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 firms and businesses,
including small entities. The changes made in the MO&O are consistent
with our Final Regulatory Flexibility Analysis. The Universal Licensing
System will continue to present tremendous advantages for small
businesses because it permits access to licensing information at
tremendously reduced costs.
F. Report to Congress
The Commission shall send a copy of this Memorandum Opinion and
Order, including this Supplemental Final Regulatory Flexibility
Analysis, 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 Memorandum Opinion and Order and Supplemental Final
Regulatory Flexibility Analysis (or a summaries, thereof) will be
published in the Federal Register. See 5 U.S.C. 604(b). A copy of the
Memorandum Opinion and Order and Supplemental Final Regulatory
Flexibility Analysis 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 November 1, 1999. Written comments must be
submitted by OMB on the information collections on or before November
30, 1999.
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 1-
C804, 445 12th Street, SW, Washington, DC 20554, or via the Internet to
jboley@fcc.gov; and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725-
17th Street, NW, Washington, DC 20503 or via the Internet to
fain__t@al.eop.gov.
Further Information: For additional information concerning the
information collections contained in this MO&O contact Judy Boley at
(202) 418-0214, or via the Internet at jboley@fcc.gov.
[[Page 53238]]
Supplementary Information: This MO&O contains a modified
information collection, which has been submitted to the Office of
Management and Budget for approval. As part of our continuing effort to
reduce paperwork burdens, we invite the general public to take this
opportunity to comment on the information collection contained in this
MO&O, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-
13. Public comments should be submitted to OMB and the Commission, and
are due thirty days from date of publication of this MO&O in the
Federal Register. 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.
OMB Approval Number: 3060-0865.
Title: Wireless Telecommunications Bureau Universal Licensing
System Recordkeeping and Third Party Disclosure Requirements.
Form No.: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; State, Local or Tribal Government.
Number of Respondents: 62,790.
Estimated Time Per Response: Varies.
Total Annual Burden: 32,297.
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.
IV. ORDERING CLAUSES
It Is Further 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 1, 13, 22, 80, 87, 90, 95, 97, and 101 of the Commission's
Rules are AMENDED as set forth in Rule Changes November 30, 1999 except
for Secs. 22.529(c), 22.709(f), 22.803(c), and 22.929(d) which contain
modified information collection requirements that have not been
approved by the Office of Management and Budget. The Commission will
publish a document announcing the effective date of these sections in
the Federal Register.
It Is Further Ordered that the Commission's Office of Public
Affairs, Reference Operations Division, SHALL SEND a copy of this
Memorandum Opinion and Order on Reconsideration, including the
Supplemental 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.
List of Subjects in 47 CFR Parts 1, 13, 22, 80, 87, 90, 95, 97, and 101
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 13, 22, 80, 87, 90,
95, 97, and 101 as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 255, and 303(e).
2. Section 1.923 is amended by adding paragraph (i) to read as
follows:
Sec. 1.923 Content of applications.
* * * * *
(i) Unless an exception is set forth elsewhere in this chapter,
each applicant must specify an address where the applicant can receive
mail delivery by the United States Postal Service. This address will be
used by the Commission to serve documents or direct correspondence to
the applicant.
3. Section 1.927 is amended by revising paragraph (a) to read as
follows:
Sec. 1.927 Amendment of applications.
(a) Pending applications may be amended as a matter of right if
they have not been designated for hearing or listed in a public notice
as accepted for filing for competitive bidding, except as provided in
paragraphs (b) through (e) of this section.
* * * * *
Section 1.928 is added to read as follows:
Sec. 1.928 Frequency coordination, Canada.
(a) As a result of mutual agreements, the Commission has, since May
1950 had an arrangement with the Canadian Department of Communications
for the exchange of frequency assignment information and engineering
comments on proposed assignments along the Canada-United States borders
in certain bands above 30 MHz. Except as provided in paragraph (b) of
this section, this arrangement involves assignments in the following
frequency bands.
MHz
30.56-32.00
33.00-34.00
35.00-36.00
37.00-38.00
39.00-40.00
42.00-46.00
47.00-49.60
72.00-73.00
75.40-76.00
150.80-174.00
450-470
806.00-960.00
1850.0-2200.0
2450.0-2690.0
3700.0-4200.0
5925.0-7125.0
GHz
10.55-10.68
10.70-13.25
(b) The following frequencies are not involved in this arrangement
because of the nature of the services:
MHz
156.3
156.35
156.4
156.45
156.5
156.55
156.6
156.65
156.7
156.8
156.9
156.95
157.0 and 161.6
[[Page 53239]]
157.05
157.1
157.15
157.20
157.25
157.30
157.35
157.40.
(c) Assignments proposed in accordance with the railroad industry
radio frequency allotment plan along the United States-Canada borders
utilized by the Federal Communications Commission and the Department of
Transport, respectively, may be excepted from this arrangement at the
discretion of the referring agency.
(d) Assignments proposed in any radio service in frequency bands
below 470 MHz appropriate to this arrangement, other than those for
stations in the Domestic Public (land mobile or fixed) category, may be
excepted from this arrangement at the discretion of the referring
agency if a base station assignment has been made previously under the
terms of this arrangement or prior to its adoption in the same radio
service and on the same frequency and in the local area, and provided
the basic characteristics of the additional station are sufficiently
similar technically to the original assignment to preclude harmful
interference to existing stations across the border.
(e) For bands below 470 MHz, the areas which are involved lie
between Lines A and B and between Lines C and D, which are described as
follows:
Line A--Begins at Aberdeen, Wash., running by great circle arc
to the intersection of 48 deg. N., 120 deg. W., thence along
parallel 48 deg. N., to the intersection of 95 deg. W., thence by
great circle arc through the southernmost point of Duluth, Minn.,
thence by great circle arc to 45 deg. N., 85 deg. W., thence
southward along meridian 85 deg. W., to its intersection with
parallel 41 deg. N., thence along parallel 41 deg. N., to its
intersection with meridian 82 deg. W., thence by great circle arc
through the southernmost point of Bangor, Maine, thence by great
circle arc through the southern-most point of Searsport, Maine, at
which point it terminates; and
Line B--Begins at Tofino, B.C., running by great circle arc to
the intersection of 50 deg. N., 125 deg. W., thence along parallel
50 deg. N., to the intersection of 90 deg. W., thence by great
circle arc to the intersection of 45 deg. N., 79 deg. 30' W., thence
by great circle arc through the northernmost point of Drummondville,
Quebec (lat: 45 deg. 52' N., long: 72 deg. 30' W.), thence by great
circle arc to 48 deg. 30' N., 70 deg. W., thence by great circle arc
through the northernmost point of Campbellton, N.B., thence by great
circle arc through the northernmost point of Liverpool, N.S., at
which point it terminates.
Line C-- Begins at the intersection of 70 deg. N., 144 deg. W.,
thence by great circle arc to the intersection of 60 deg. N., 143
deg. W., thence by great circle arc so as to include all of the
Alaskan Panhandle; and
Line D-- Begins at the intersection of 70 deg. N., 138 deg. W.,
thence by great circle arc to the intersection of 61 deg. 20' N.,
139 deg. W., (Burwash Landing), thence by great circle arc to the
intersection of 60 deg. 45' N., 135 deg. W., thence by great circle
arc to the intersection of 56 deg. N., 128 deg. W., thence south
along 128 deg. meridian to Lat. 55 deg. N., thence by great circle
arc to the intersection of 54 deg. N., 130 deg. W., thence by great
circle arc to Port Clements, thence to the Pacific Ocean where it
ends.
(f) For all stations using bands between 470 MHz and 1000 MHz; and
for any station of a terrestrial service using a band above 1000 MHz,
the areas which are involved are as follows:
(1) For a station the antenna of which looks within the 200 deg.
sector toward the Canada-United States borders, that area in each
country within 35 miles of the borders;
(2) For a station the antenna of which looks within the 160 deg.
sector away from the Canada-United States borders, that area in each
country within 5 miles of the borders; and
(3) The area in either country within coordination distance as
described in Recommendation 1A of the Final Acts of the EARC, Geneva,
1963 of a receiving earth station in the other country which uses the
same band.
(g) Proposed assignments in the space radiocommunication services
and proposed assignments to stations in frequency bands allocated
coequally to space and terrestrial services above 1 GHz are not treated
by these arrangements. Such proposed assignments are subject to the
regulatory provisions of the International Radio Regulations.
(h) Assignments proposed in the frequency band 806-890 MHz shall be
in accordance with the Canada-United States agreement, dated April 7,
1982.
5. Section 1.929 is amended by revising paragraphs (b)(2),
(c)(4)(i), (c)(4)(iii), (c)(4)(v), and (d) to read as follows:
Sec. 1.929 Classification of filings as major or minor.
* * * * *
(b) * * *
(2) Request that a CGSA boundary or portion of a CGSA boundary be
determined using an alternative method; or,
* * * * *
(c) * * *
(4) In the Private Land Mobile Radio Services (PLMRS) and in GMRS
systems licensed to non-individuals:
(i) Change in frequency or modification of channel pairs;
* * * * *
(iii) Change in effective radiated power from that authorized or,
for GMRS systems licensed to non-individuals, an increase in the
transmitter power of a station;
* * * * *
(v) Change in the authorized location or number of base stations,
fixed, control, or, for systems operating on non-exclusive assignments
in GMRS or the 470-512 MHz, 800 MHz or 900 MHz bands, a change in the
number of mobile transmitters, or a change in the area of mobile
transmitters, or a change in the area of mobile operations from that
authorized;
* * * * *
(d) In the microwave services:
(1) Except as specified in paragraph (d)(2) and (d)(3) of this
section, the following, in addition to those filings listed in
paragraph (a) of this section, are major actions that apply to stations
licensed to provide fixed point-to-point, point-to-multipoint, or
multipoint-to-point, communications on a site-specific basis, or fixed
or mobile communications on an area-specific basis under Part 101 of
this chapter:
(i) Any change in transmit antenna location by more than 5 seconds
in latitude or longitude for fixed point-to-point facilities (e.g., a 5
second change in latitude, longitude, or both would be minor); any
change in coordinates of the center of operation or increase in radius
of a circular area of operation, or any expansion in any direction in
the latitude or longitude limits of a rectangular area of operation, or
any change in any other kind of area operation;
(ii) Any increase in frequency tolerance;
(iii) Any increase in bandwidth;
(iv) Any change in emission type;
(v) Any increase in EIRP greater than 3 dB;
(vi) Any increase in transmit antenna height (above mean sea level)
more than 3 meters, except as specified in paragraph (d)(3) of this
section;
(vii) Any increase in transmit antenna beamwidth, except as
specified in paragraph (d)(3) of this section;
(viii) Any change in transmit antenna polarization;
(ix) Any change in transmit antenna azimuth greater than 1 degree,
except as specified in paragraph (d)(3) of this section ; or,
(x) Any change which together with all minor modifications or
amendments since the last major modification or amendment produces a
cumulative
[[Page 53240]]
effect exceeding any of the above major criteria.
(2) Changes to transmit antenna location of Multiple Address System
(MAS) Remote Units and Digital Electronic Message Service (DEMS) User
Units are not major.
(3) Changes in accordance with paragraphs (d)(1)(vi), (d)(1)(vii)
and (d)(1)(ix) of this section are not major for the following:
(i) Fixed Two-Way MAS on the remote to master path,
(ii) Fixed One-Way Inbound MAS on the remote to master path,
(iii) Multiple Two-Way MAS on the remote to master and master to
remote paths,
(iv) Multiple One-Way Outbound MAS on the master to remote path,
(v) Mobile MAS Master,
(vi) Fixed Two-Way DEMS on the user to nodal path, and
(vii) Multiple Two-Way DEMS on the nodal to user and user to nodal
paths.
Note to paragraph (d)(3) of Sec. 1.929: For the systems and path
types described in paragraph (d)(3) of this section, the data
provided by applicants is either a typical value for a certain
parameter or a fixed value given in the Form instructions.
* * * * *
6. Section 1.939 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 1.939 Petitions to deny.
* * * * *
(b) Filing of petitions. Petitions to deny and related pleadings
may be filed electronically via ULS. Manually filed petitions to deny
must be filed with the Office of the Secretary, 445 Twelfth Street,
S.W., Room TW-B204, Washington, DC 20554. * * *
* * * * *
7. Section 1.947 is amended by revising paragraph (b) to read as
follows:
Sec. 1.947 Modification of licenses.
* * * * *
(b) Licensees may make minor modifications to station
authorizations, as defined in Sec. 1.929 of this part (other than pro
forma transfers and assignments), as a matter of right without prior
Commission approval. Where other rule parts permit licensees to make
permissive changes to technical parameters without notifying the
Commission (e.g., adding, modifying, or deleting internal sites), no
notification is required. For all other types of minor modifications
(e.g., name, address, point of contact changes), licensees must notify
the Commission by filing FCC Form 601 within thirty (30) days of
implementing any such changes.
* * * * *
8. Section 1.955 is revised amended by revising both paragraph
(a)(1) after the first sentence and the last sentence of paragraph
(b)(2) to read as follows:
Sec. 1.955 Termination of authorizations.
(a) * * *
(1) * * * See Sec. 1.949 of this part. No authorization granted
under the provisions of this part shall be for a term longer than ten
years.
* * * * *
(b) * * *
(2) * * * See Sec. 1.946(c) of this part.
* * * * *
PART 13--COMMERCIAL RADIO OPERATORS
9. The authority citation for part 13 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154 and 303, unless otherwise noted.
10. Section 13.8 is added to read as follows:
Sec. 13.8 Authority conveyed.
Licenses, certificates and permits issued under this part convey
authority for the operating privileges of other licenses, certificates,
and permits issued under this part as specified below:
(a) First Class Radiotelegraph Operator's Certificate conveys all
of the operating authority of the Second Class Radiotelegraph
Operator's Certificate, the Third Class Radiotelegraph Operator's
Certificate, the Restricted Radiotelophone Operator Permit, and the
Marine Radio Operator Permit.
(b) A Second Class Radiotelegraph Operator's Certificate conveys
all of the operating authority of the Third Class Radiotelegraph
Operator's Certificate, the Restricted Radiotelophone Operator Permit,
and the Marine Radio Operator Permit.
(c) A Third Class Radiotelegraph Operator's Certificate conveys all
of the operating authority of the Restricted Radiotelophone Operator
Permit and the Marine Radio Operator Permit.
(d) A General Radiotelephone Operator License conveys all of the
operating authority of the Marine Radio Operator Permit.
(e) A GMDSS Radio Operator's License conveys all of the operating
authority of the Marine Radio Operator Permit.
(f) A GMDSS Radio Maintainer's License conveys all of the operating
authority of the General Radiotelephone Operator License and the Marine
Radio Operator Permit.
11. Section 13.10 is added to read as follows:
Sec. 13.10 Licensee Address
In accordance with Sec. 1.923 of this chapter all applicants must
specify an address where the applicant can receive mail delivery by the
United States Postal Service except as specified below:
(a) Applicants for a Restricted Radiotelephone Operator Permit;
(b) Applicants for a Restricted Radiotelephone Operator Permit--
Limited Use.
PART 22--PUBLIC MOBILE SERVICES
12. The authority citation for part 22 continues to read as
follows:
Authority: Secs. 4, 303, 309 and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, 309 and 332, unless otherwise noted.
13-14. Section 22.165 is amended by removing the term ``COSA'' and
add, each place it appears, the term ``CGSA'' in paragraph (e).
15. Section 22.529 is amended by revising the introductory text and
by adding paragraph (c) to read as follows:
Sec. 22.529 Application requirements for the Paging and Radiotelephone
Service.
In addition to information required by subparts B and D of this
part, applications for authorization in the Paging and Radiotelephone
Service contain required information as described in the instructions
to the form. Site coordinates must be referenced to NAD83 and be
correct to +-1 second.
* * * * *
(c) Upon request by an applicant, licensee, or the Commission, a
part 22 applicant or licensee of whom the request is made shall furnish
the antenna type, model, and the name of the antenna manufacturer to
the requesting party within ten (10) days of receiving written
notification.
16. Section 22.709 is amended by adding paragraph (f) to read as
follows:
Sec. 22.709 Rural radiotelephone service application requirements.
* * * * *
(f) Antenna Information. Upon request by an applicant, licensee, or
the Commission, a part 22 applicant or licensee of whom the request is
made shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
17. Section 22.803 is amended by adding paragraph (c) to read as
follows:
Sec. 22.803 Air-ground application requirements
* * * * *
[[Page 53241]]
(c) Upon request by an applicant, licensee, or the Commission, a
part 22 applicant or licensee of whom the request is made shall furnish
the antenna type, model, and the name of the antenna manufacturer to
the requesting party within ten (10) days of receiving written
notification.
18. Section 22.929 is amended by revising the introductory text and
by adding paragraph (d) to read as follows:
Sec. 22.929 Application requirements for the Cellular Radiotelephone
Service.
In addition to information required by subparts B and D of this
part, applications for authorization in the Cellular Radiotelephone
Service contain required information as described in the instructions
to the form. Site coordinates must be referenced to NAD83 and be
correct to 1 second.
* * * * *
(d) Antenna Information. Upon request by an applicant, licensee, or
the Commission, a cellular applicant or licensee of whom the request is
made shall furnish the antenna type, model, and the name of the antenna
manufacturer to the requesting party within ten (10) days of receiving
written notification.
19. Section 22.946 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 22.946 Service commencement and construction periods for cellular
systems.
(a) * * * The licensee must notify the FCC (FCC Form 601) after the
requirements of this section are met (see Sec. 1.946 of this chapter).
* * * * *
Sec. 22.953 [Amended]
20. In Sec. 22.953 remove paragraph (a)(5).
PART 80--STATIONS IN THE MARITIME SERVICES
21. The authority citation for Part 80 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, and 303, unless otherwise noted. Interpret or apply 48
Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609;
3 UST 3450, 3 UST 4726, 12 UST 2377.
22. Section 80.59 is amended by revising the last sentence of
paragraph (c)(2) to read as follows:
Sec. 80.59 Compulsory ship inspections.
* * * * *
(c) * * *
(2) * * * Emergency requests must be filed with the Federal
Communications Commission, Office of the Secretary, 445 Twelfth Street,
S.W., TW-B204, Washington, D.C. 20554.
* * * * *
PART 87--AVIATION SERVICES
23. The authority citation for Part 87 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
and 307(e), unless otherwise noted. Interpret or apply 48 Stat.
1064-1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.
Sec. 87.25 [Amended]
24. In Sec. 87.25 remove paragraph (a).
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
25. The authority citation for Part 90 continues to read as
follows:
Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309, and 332, unless
otherwise noted.
26. Section 90.167 is amended by revising the subject heading to
read as follows:
Sec. 90.167 Time in which a station must commence service.
* * * * *
27. Section 90.693 is amended by adding a sentence at the end of
paragraphs (b), (c), (d)(1), and (d)(2):
Sec. 90.693 Grandfathering provisions for incumbent licensees.
* * * * *
(b) * * * Pursuant to the minor modification notification procedure
set forth in 1.947(b), the incumbent licensee must notify the
Commission within 30 days of any changes in technical parameters or
additional stations constructed that fall within the short-spacing
criteria. See 47 CFR 90.621(b).
(c) * * * Pursuant to the minor modification notification procedure
set forth in 1.947(b), the incumbent licensee must notify the
Commission within 30 days of any changes in technical parameters or
additional stations constructed that fall within the short-spacing
criteria. See 47 CFR 90.621(b).
(d) Consolidated license.
(1) * * * Incumbents exercising this license exchange option must
submit specific information on Form 601 for each of their external base
sites after the close of the 800 MHz SMR auction.
(2) * * * Incumbents exercising this license exchange option must
submit specific information on Form 601 for each of their external base
sites after the close of the 800 SMR auction.
PART 95--PERSONAL RADIO SERVICES
28. The authority citation for part 95 continues to read as
follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154 and 303.
29. Section 95.5 is revised to read as follows:
Sec. 95.5 Licensee eligibility.
(a) An individual (one man or one woman) is eligible to obtain,
renew, and have modified a GMRS system license if that individual is 18
years of age or older and is not a representative of a foreign
government.
(b) A non-individual (an entity other than an individual) is
ineligible to obtain a new GMRS system license or make a major
modification to an existing GMRS system license (see Sec. 1.929 of this
chapter).
(c) A GMRS system licensed to a non-individual before July 31,
1987, is eligible to renew that license and all subsequent licenses
based upon it if:
(1) The non-individual is a partnership and each partner is 18
years of age or older; a corporation; an association; a state,
territorial, or local government unit; or a legal entity;
(2) The non-individual is not a foreign government; a
representative of a foreign government; or a federal government agency;
and
(3) The licensee has not been granted a major modification to its
GMRS system.
30. Section 95.7 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 95.7 Channel sharing.
(a) Channels or channel pairs (one 462 MHz frequency listed in
Sec. 95.29(a) of this part and one 467 MHz frequency listed in
Sec. 95.29(b) of this part) are available to GMRS systems only on a
shared basis and will not be assigned for the exclusive use of any
licensee. * * *
* * * * *
31. Section 95.29 is amended by revising paragraphs (a) and (b) and
by removing and reserving paragraph (e) to read as follows:
Sec. 95.29 Channels available.
(a) For a base station, fixed station, mobile station, or repeater
station (a GMRS station that simultaneously retransmits the
transmission of another GMRS station on a different channel or
channels), the licensee of the GMRS system must select the transmitting
channels or channel pairs (see Sec. 95.7(a) of this part) for the
stations in the GMRS system from the following 462 MHz channels:
462.5500, 462.5750, 462.6000,
[[Page 53242]]
462.6250, 462.6500, 462.6750, 462.7000 and 462.7250.
(b) For a mobile station, control station, or fixed station
operated in the duplex mode, the following 467 MHz channels may be used
only to transmit communications through a repeater station and for
remotely controlling a repeater station. The licensee of the GMRS
system must select the transmitting channels or channel pairs (see
Sec. 95.7(a) of this part) for the stations operated in the duplex
mode, from the following 467 MHz channels: 467.5500, 467.5750,
467.6000, 467.6250, 467.6500, 467.6750, 467.7000 and 467.7250.
* * * * *
(e) [Reserved]
* * * * *
32. Section 95.101 is amended to add paragraph (d) to read as
follows:
Sec. 95.101 What the license authorizes.
* * * * *
(d) For non-individual licensees, the license together with the
system specifications for that license as maintained by the Commission
represent the non-individual licensees' maximum authorized system.
33. Section 95.103 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 95.103 Licensee duties.
(a) The licensee is responsible for the proper operation of the
GMRS system at all times. The licensee is also responsible for the
appointment of a station operator.
(b) The licensee may limit the use of repeater to only certain user
stations.
* * * * *
PART 97--AMATEUR RADIO SERVICE
34. The authority citation for Part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended: 47
U.S.C. 151-155, 301-609, unless otherwise noted.
35. Section 97.15 is revised to read as follows:
Sec. 97.15 Station antenna structures.
(a) Owners of certain antenna structures more than 60.96 meters
(200 feet) above ground level at the site or located near or at a
public use airport must notify the Federal Aviation Administration and
register with the Commission as required by part 17 of this chapter.
(b) Except as otherwise provided herein, a station antenna
structure may be erected at heights and dimensions sufficient to
accommodate amateur service communications. (State and local regulation
of a station antenna structure must not preclude amateur service
communications. Rather, it must reasonably accommodate such
communications and must constitute the minimum practicable regulation
to accomplish the state or local authority's legitimate purpose. See
PRB-1, 101 FCC 2d 952 (1985) for details.)
36. Section 97.17 is amended by revising paragraphs (b)(1) and (c)
to read as follows.
Sec. 97.17 Application for new license grant.
* * * * *
(b) * * *
(1) Each candidate for an amateur radio operator license which
requires the applicant to pass one or more examination elements must
present the administering VEs with all information required by the
rules prior to the examination. The VEs may collect all necessary
information in any manner of their choosing, including creating their
own forms.
* * * * *
(c) No person shall obtain or attempt to obtain, or assist another
person to obtain or attempt to obtain, an amateur service license grant
by fraudulent means.
* * * * *
37. Section 97.21 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 97.21 Application for a modified or renewed license.
(a) * * *
(2) May apply to the FCC for a modification of the operator/primary
station license grant to show a higher operator class. Applicants must
present the administering VEs with all information required by the
rules prior to the examination. The VEs may collect all necessary
information in any manner of their choosing, including creating their
own forms.
* * * * *
PART 101--FIXED MICROWAVE SERVICES
38. The authority citation for Part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
39. Section 101.705 is revised to read as follows:
Sec. 101.705 Special showing for renewal of common carrier station
facilities using frequency diversity.
Any application for renewal of license, for a term commencing
January 1, 1975, or after, involving facilities utilizing frequency
diversity must contain a statement showing compliance with
Sec. 101.103(c) or the exceptions recognized in paragraph 141 of the
First Report and Order in Docket No. 18920 (29 FCC 2d 870). (This
document is available at: Federal Communications Commission, Library
(Room TW-B505), 445 Twelfth Street, SW, Washington, DC) If not in
compliance, a complete statement with the reasons therefore must be
submitted.
[FR Doc. 99-25235 Filed 9-30-99; 8:45 am]
BILLING CODE 6712-01-P
