[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Proposed Rules]
[Pages 16687-16689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8499]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 25
[IB Docket No. 99-67; FCC 99-37]
Implementation of the GMPCS MoU and Petition of the NTIA To
Establish Emissions Limits for Mobile and Portable Earth Stations in
the 1610-1660.5 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission has proposed rules and policies implementing
the international Global Mobile Personal Communications by Satellite
(GMPCS) Memorandum of Understanding and Arrangements adopted last
spring by the International
[[Page 16688]]
Telecommunications Union. Among other things, the Notice proposes to
apply our current part 2 equipment certification procedures to
terminals used in conjunction with authorized GMPCS systems that are
for sale or lease and use in the United States. It also contemplates a
customs procedure for allowing terminals to be carried into the United
States.
DATES: Comments must be submitted on or before May 3, 1999; reply
comments must be submitted on or before May 18, 1999.
ADDRESSES: Federal Communications Commission, 445 Twelfth Street S.W.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tracey Weisler (202) 418-0744 or Bill
Bell (202) 418-0741.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in IB Docket No. 99-67; FCC 99-37, adopted
February 25, 1999 and released March 5, 1999. The complete text of this
Notice of Proposed Rulemaking is available for inspection and copying
during normal business hours in the FCC Reference Information Center,
445 Twelfth Street, Room CYA257, S.W., Washington, DC 20554. and also
may be purchased from the Commissions's copy contractor, International
Transcription Service, 1231 20th Street, N.W., Washington, DC 20036,
phone: 202-857-3800; facsimile: 202-857-3805.
To file formally in this proceeding, comments can be filed using
the Commission's Electronic Comment Filing System (``ECFS'') or by
paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (May 1, 1998). Comments filed through the ECFS
can be sent as an electronic file via the Internet to <http://
www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comments to each docket or
rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, Postal
Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions for e-mail comments, commenters should
send an e-mail to [email protected], and should include the following words
in the body of the message, ``get form .'' A
sample form and directions will be sent in reply.
Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number. All
filings must be sent to the Commission's Secretary, Magalie Roman
Salas, Office of the Secretary, Federal Communications Commission, The
Portals, 445 Twelfth Street, S.W., Room TW-A325, Washington, DC 20554.
Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to: Paul
Gordon, Office of the Secretary, Federal Communications Commission, The
Portals, 445 Twelfth Street, S.W., Room 2C223, Washington, DC 20554.
Such a submission should be on a 3.5 inch diskette formatted in an IBM
compatible format using WordPerfect 5.1 for Windows or compatible
software. The diskette should be accompanied by a cover letter and
should be submitted in ``read only'' mode. The diskette should be
clearly labelled with the commenter's name, proceeding (including the
lead docket number in this case [IB Docket No. 99-67]), type of
pleading (comment or reply comment), date of submission, and the name
of the electronic file on the diskette. The label should also include
the following phrase ``Disk Copy--Not an Original.'' Each diskette
should contain only one party's pleading, preferably in a single
electronic file. In addition, commenters must send diskette copies to
the Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, N.W., Washington, DC 20037. Comments and reply
comments should be captioned using the docket number in this proceeding
only.
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
suggested in this document.
Summary of Notice of Proposed Rulemaking
The Commission's proposed rulemaking (1) outlines the provisions of
the GMPCS MoU and recognizes the need to facilitate transport terminals
delivering new international voice, data and broadband services across
national borders; (2) seeks comment on the categories of GMPCS
terminals that should fall under the ITU definition for purposes of
equipment certification; (3) seeks comment on the requirement to
certify terminals for sale or lease and use in the United States and
how to treat terminals brought into the United States as personal
effects for temporary use or transit; (4) seeks comment on the current
technical requirements and procedures for earth station licensing under
Part 25 and whether to expand those requirements for certification; (5)
proposes to adopt NTIA's out-of-band emission proposal for terminals
operating in the 1610-1660.5 MHz range; and (6) seeks comment on how
best to implement and enforce our new procedures in conjunction with
the Commission's Compliance and Information Bureau and the U.S. Customs
Service.
Administrative Matters
This is a non-restricted notice and comment rulemaking proceeding.
Ex parte presentations are permitted, except during the Sunshine Agenda
period, provided they are disclosed as provided in the Commission's
rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a). The Sunshine
Agenda period is the period of time that commences with the release of
public notice that a matter has been placed on the Sunshine Agenda and
terminates when the Commission (1) releases the text of a decision or
order in the matter; (2) issues a public notice stating that the matter
has been deleted from the Sunshine Agenda; or (3) issues a public
notice stating that the matter has been returned to the staff for
further consideration, whichever occurs first. 47 CFR 1.1202(f). During
the Sunshine Agenda period, no presentations, ex parte or otherwise,
are permitted unless specifically exempted. 47 CFR 1.1203. Pursuant to
applicable procedures set forth in Sections 1.415 and 1.419 of the
Commission's Rules, 47 CFR 1.415 and 1.419, interested parties may file
comments on or before May 3, 1999 and reply comments on or before May
18, 1999.
To file formally in this proceeding, you must file an original and
five copies of all comments, reply comments, and supporting comments.
If you want each Commissioner to receive a personal copy of your
comments send additional copies to Office of the Secretary, Federal
Communications Commission, Washington, DC 20554. Comments and reply
comments will be available for public inspection during regular
business hours in the Federal Communications Commission, Reference
Information Center, Room CYA257, Twelfth Street, S.W., Washington, DC
20554.
[[Page 16689]]
Initial Regulatory Flexibility Act Statement
As required by the Regulatory Flexibility Act,1 the
Commission has prepared this present Initial Regulatory Flexibility
Analysis of the possible significant economic impact on small entities
by the policies and rules proposed in this Notice of Proposed Rule
Making (``Notice''). Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the Notice provided above. The
Commission will send a copy of this Notice, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration. In
addition, the Notice and IRFA will be published in the Federal
Register.
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\1\ 5 U.S.C. 603.
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Need for and Objectives of the Proposed Rules
This Notice proposes to extend the FCC's current equipment
certification procedure to GMPCS terminals that are to be sold for use
in the United States, while allowing terminals manufactured and sold
elsewhere to enter the United States for transit or temporary use if
they have complied with the GMPCS-MoU notification process and bear the
``GMPCS-MoU ITU Registry'' mark.
Legal Basis
This action is taken pursuant to Sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r), 307, 309, and 310.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity `` as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
The Commission has not developed a definition of small entities
applicable to geostationary or non-geostationary orbit fixed-satellite,
mobile satellite operators or terminal manufacturers. Therefore, the
applicable definition of small entity in the satellite services
industry is the definition under the Small Business Administration
(SBA) rules applicable to Communications Services ``Not Elsewhere
Classified.'' 2 This definition provides that a small entity
is expressed as one with $11.0 million or less in annual receipts.
According to Census Bureau data, there are 848 firms that fall under
the category of Communications Services, Not Elsewhere Classified. Of
those, approximately 775 reported annual receipts of $11 million or
less and qualify as small entities.3 The Census Bureau
category is very broad and commercial satellite services constitute
only a subset of its total. Although it is difficult to estimate the
number of entities that will be required to or choose to comply with
the procedures proposed in this Notice, we note that the Commission has
licensed 12 entities to provide GMPCS in the United States. Of these
licensees, only VITA and LEO One qualify as small
businesses.4 The other entities are not small businesses
because they each have revenues in excess of $11 million annually or
have parent companies or investors that have revenues in excess of $11
million annually. We request comment on the description and number of
small entities that are significantly impacted by this proposal.
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\2\ See 13 CFR 121.201, Standard Industrial Classification (SIC)
Code 4899.
\3\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992
Census of Transportation, Communications, and Utilities, UC92-S-1,
Subject Series, Establishment and Firm Size, Table 2D, Employment
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
\4\ See Notice of Proposed Rulemaking, IB Docket No. 96-426, 11
FCC Rcd 19841 (1996) at 44.
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Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
In this proceeding, we are proposing to use current forms and
procedures to implement new proposed requirements. Therefore, this
proposed action may create minimal additional mandatory reporting
requirements for license applications and/or new equipment
certification requirements for certain sectors of the satellite
operator, service provider and equipment manufacturing industry.
Steps Taken to Minimize Significant Economic Impact on Small Entities
and Significant Alternatives Considered
It should be noted that the Commission received a petition from the
National Telecommunications and Information Agency regarding
establishment of an out-of-band emission limit for certain GMPCS
terminals in 1998 and comments were later filed by several entities.
However, no Petitions for Rulemaking were filed to initiate the MoU
portion of this proceeding, and there have been no comments in this
proceeding that suggest alternatives to the proposed procedure.
Therefore, we request comment on alternative licensing and equipment
certification procedures that might minimize the amount of economic
impact on small entities.
Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules
None.
Ordering Clauses
Accordingly, It is Ordered that, pursuant to Sections 4(i), 7(a),
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r), 307, 309(a), 310, NOTICE IS HEREBY GIVEN of our intent to adopt
these proposed rule revisions. It is Further Ordered that the
Commission's Office of Public Affairs, Reference Operations Division,
shall send a copy of this Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration, in accordance with
Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq.
(1981).
List of Subjects
47 CFR Part 2
Communications equipment.
47 CFR Part 25
Communications equipment, Satellites.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-8499 Filed 4-5-99; 8:45 am]
BILLING CODE 6712-01-P