80 FR 21200 - Electronically Stored Application and Licensing Data

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 74 (April 17, 2015)

This document proposes to amend the Commission's Rules to specify that historical amateur radio licensee address information will not be routinely available for public inspection.

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Proposed Rules]
[Pages 21200-21201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08810]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 0

[WT Docket No. 15-81; FCC 15-40]


Electronically Stored Application and Licensing Data

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Commission's Rules to 
specify that historical amateur radio licensee address information will 
not be routinely available for public inspection.

DATES: Submit comments on or before June 16, 2015 and reply comments 
are due July 16, 2015.

ADDRESSES: You may submit comments, identified by WT Docket No. 15-81; 
FCC 15-40, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Scot Stone, at [email protected], 
Mobility Division, Wireless Telecommunications Bureau, (202) 418-0638, 
TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking (NPRM), WT 
Docket No. 15-81; FCC 15-40, adopted March 31, 2015, and released March 
31, 2015. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
445 12th Street SW., Room CY-A257, Washington, DC 20554, or by 
downloading the text from the Commission's Web site at www.fcc.gov. 
Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Summary

    1. The Commission initiated this proceeding to amend its rules of 
organization that apply to amateur radio licensee address information 
that is routinely available for public inspection. Specifically, the 
Commission proposes in this NPRM to amend its rules to revise its rules 
to specify that historical amateur radio licensee address information 
(that is, address information not associated with a current license or 
pending application) will not be routinely available for public 
inspection. The Commission found that amending these rules will enhance 
amateur radio operators' privacy without undermining the public 
interest in knowing who is authorized to operate on amateur spectrum. 
The Commission also seeks comment on whether this approach should be 
extended to individual licensees in any other Wireless Radio Services, 
such as the General Mobile Radio Service, commercial radio operator 
licensees, and individuals who hold ship station and/or aircraft 
station licenses.

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    2. This is a permit-but-disclose 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.

B. Comment Dates

    3. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments on or before June 16, 2015, 
and reply comments are due July 16, 2015.
    4. Commenters may file comments electronically using the 
Commission's Electronic Comment Filing System (ECFS), the Federal 
Government's eRulemaking Portal, or by filing paper copies. Commenters 
filing through the ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, filers 
must transmit one electronic copy for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number. Commenters may 
also submit an electronic comment by Internet email. To get filing 
instructions for email comments, commenters should send an email to 
[email protected], and should include the following words in the body of the 
message, ``get form.'' Commenters will receive a sample form and 
directions in reply. Commenters filing through the Federal eRulemaking 
Portal http://www.regulations.gov, should follow the instructions 
provided on the Web site for submitting comments.
    5. Commenters who chose to file paper comments must file an 
original and four copies of each comment. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. All filings must be sent to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
445 12th Street SW., Room TW-A325, Washington, DC 20554.
    6. Commenters may send filings by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal

[[Page 21201]]

Service mail. The Commission's contractor will receive hand-delivered 
or messenger-delivered paper filings for the Commission's Secretary at 
445 12th Street SW., Washington, DC 20554. Commenters must bind all 
hand deliveries together with rubber bands or fasteners and must 
dispose of any envelopes before entering the building. This facility is 
the only location where the Commission's Secretary will accept hand-
delivered or messenger-delivered paper filings. Commenters must send 
commercial overnight mail (other than U.S. Postal Service Express Mail 
and Priority Mail) to 9300 East Hampton Drive, Capitol Heights, MD 
20743. Commenters should address U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail to 445 12th Street SW., Washington, DC 
20554.

C. Paperwork Reduction Act

    7. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

II. Initial Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act requires an initial regulatory 
flexibility analysis to be prepared for notice and comment rulemaking 
proceedings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' 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).
    9. In the NPRM, we propose to amend the Commission's rules of 
organization. In this NPRM, we propose to amend the Commission's 
inspection of records rules to provide that only amateur radio licensee 
address information connected with current licenses and pending 
applications is routinely available for public inspection in ULS or in 
paper files. Because ``small entities,'' as defined in the RFA, do not 
include a ``person'' as the term is used in this proceeding or an 
individual, the proposed rules do not apply to ``small entities.'' 
Rather, they apply exclusively to individuals who are licensees of 
certain stations or who hold certain Commission authorizations. 
Therefore, we certify that the proposals in this NPRM, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities.

III. Ordering Clauses

    11. Accordingly, it is ordered, pursuant to sections 4(i), 303(r), 
and 403 of the Communications Act of 1934, 47 U.S.C. 154(i), 303(r), 
and 403, that this Notice of Proposed Rulemaking is hereby adopted.
    12. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 0

    Organization and functions.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 0 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

0
2. Section 0.453 is amended by revising paragraphs (d) introductory 
text and (d)(4) to read as follows:


Sec.  0.453  Public reference rooms.

* * * * *
    (d) Wireless Telecommunications Services and Auction related data 
as follows, except to the extent they are excluded from routine public 
inspection under another section of this chapter:
* * * * *
    (4) Electronically stored application and licensing data (including 
data filed manually and entered into ULS by Commission staff) for 
commercial radio operators and for all authorizations in the Wireless 
Radio Services are available for public inspection via the Commission's 
Web site, http://wireless.fcc.gov/uls. Wireless Radio services include 
Commercial and Private Mobile Radio, Common Carrier and Private 
Operational Fixed point-to-point Microwave, Local Television 
Transmission Service (LTTS), Digital Electronic Message Service (DEMS), 
Aviation Ground and Marine Coast applications; and
* * * * *
0
3. Section 0.457 is amended by revising paragraph (f) to read as 
follows:


Sec.  0.457  Records not routinely available for public inspection.

* * * * *
    (f) Personnel, medical and other files whose disclosure would 
constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. 
552(b)(6). (1) Under E.O. 10561, the Commission maintains an Official 
Personnel Folder for each of its employees. Such folders are under the 
jurisdiction and control, and are a part of the records, of the U.S. 
Office of Personnel Management. Except as provided in the rules of the 
Office of Personnel Management (5 CFR 293.311), such folders will not 
be made available for public inspection by the Commission. In addition, 
other records of the Commission containing private, personal or 
financial information concerning particular employees and Commission 
contractors will be withheld from public inspection.
    (2) With respect to the Amateur Radio Service as that term is 
defined in Sec.  97.3(a) of this chapter, address information on 
expired, canceled, or terminated licenses; archived versions of active 
licenses; and processed applications will not be made available for 
public inspection by the Commission. For such licensees, disclosure of 
an individual's historical address information is considered clearly 
unwarranted invasion of personal privacy.
* * * * *
[FR Doc. 2015-08810 Filed 4-16-15; 8:45 am]
 BILLING CODE 6712-01-P