80 FR 21200 - Electronically Stored Application and Licensing Data
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 74 (April 17, 2015)
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21200-21201 | |
| FR Document | 2015-08810 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![21200 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Proposed Rules
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean www.fcc.gov/cgb/ecfs/. Follow the hold ship station and/or aircraft station
the EPA. instructions for submitting comments. licenses.
On December 31, 2014, we published • People with Disabilities: Contact the
in the Federal Register a proposed rule I. Procedural Matters
FCC to request reasonable
on the flexible permit program in Texas. accommodations (accessible format A. Ex Parte Rules—Permit-but-Disclose
See 79 FR 78752, December 31, 2014. In documents, sign language interpreters, Proceeding
the original proposal, we requested CART, etc.) by email: FCC504@fcc.gov 2. This is a permit-but-disclose notice
comment by January 30, 2015. We are or phone 202–418–0530 or TTY: 202– and comment rulemaking proceeding.
reopening the public comment period 418–0432. Ex parte presentations are permitted,
because we neglected to include certain For detailed instructions for except during the Sunshine Agenda
supporting materials in Docket ID No. submitting comments and additional period, provided they are disclosed as
EPA–R06–OAR–2013–0542 at http:// information on the rulemaking process, provided in the Commission’s rules.
www.regulations.gov. see the SUPPLEMENTARY INFORMATION
This reopening will provide an section of this document. B. Comment Dates
opportunity for the review and FOR FURTHER INFORMATION CONTACT: Scot 3. Pursuant to §§ 1.415 and 1.419 of
comment of all the relevant materials Stone, at Scot.Stone@fcc.gov, Mobility the Commission’s rules, interested
now posted in the public docket for 30 Division, Wireless Telecommunications parties may file comments on or before
days from the date of today’s Bureau, (202) 418–0638, TTY (202) 418– June 16, 2015, and reply comments are
publication. 7233. due July 16, 2015.
List of Subjects in 40 CFR Part 52 SUPPLEMENTARY INFORMATION: This is a 4. Commenters may file comments
summary of the Federal electronically using the Commission’s
Environmental protection, Air
Communications Commission’s Notice Electronic Comment Filing System
pollution control, Carbon monoxide,
of Proposed Rulemaking (NPRM), WT (ECFS), the Federal Government’s
Incorporation by reference,
Docket No. 15–81; FCC 15–40, adopted eRulemaking Portal, or by filing paper
Intergovernmental relations, Lead,
March 31, 2015, and released March 31, copies. Commenters filing through the
Nitrogen dioxide, Ozone, Particulate
2015. The full text of this document is ECFS can be sent as an electronic file
matter, Reporting and recordkeeping
available for inspection and copying via the Internet to http://www.fcc.gov/e-
requirements, Sulfur oxides, Volatile
during normal business hours in the file/ecfs.html. If multiple docket or
organic compounds.
FCC Reference Center, 445 12th Street rulemaking numbers appear in the
Dated: April 7, 2015. SW., Room CY–A257, Washington, DC caption of this proceeding, filers must
William L. Luthans, 20554, or by downloading the text from transmit one electronic copy for each
Multimedia Planning and Permitting Acting the Commission’s Web site at docket or rulemaking number
Director, Region 6. www.fcc.gov. Alternative formats are referenced in the caption. In completing
[FR Doc. 2015–08662 Filed 4–16–15; 8:45 am] available for people with disabilities the transmittal screen, commenters
BILLING CODE 6560–50–P (Braille, large print, electronic files, should include their full name, U.S.
audio format), by sending an email to Postal Service mailing address, and the
FCC504@fcc.gov or calling the applicable docket or rulemaking
FEDERAL COMMUNICATIONS Consumer and Government Affairs number. Commenters may also submit
COMMISSION Bureau at (202) 418–0530 (voice), (202) an electronic comment by Internet
418–0432 (TTY). email. To get filing instructions for
47 CFR Part 0 email comments, commenters should
Summary send an email to ecfs@fcc.gov, and
[WT Docket No. 15–81; FCC 15–40]
1. The Commission initiated this should include the following words in
Electronically Stored Application and proceeding to amend its rules of the body of the message, ‘‘get form.’’
Licensing Data organization that apply to amateur radio Commenters will receive a sample form
licensee address information that is and directions in reply. Commenters
AGENCY: Federal Communications routinely available for public filing through the Federal eRulemaking
Commission. inspection. Specifically, the Portal http://www.regulations.gov,
ACTION: Proposed rule. Commission proposes in this NPRM to should follow the instructions provided
amend its rules to revise its rules to on the Web site for submitting
SUMMARY: This document proposes to specify that historical amateur radio comments.
amend the Commission’s Rules to licensee address information (that is, 5. Commenters who chose to file
specify that historical amateur radio address information not associated with paper comments must file an original
licensee address information will not be a current license or pending and four copies of each comment. If
routinely available for public application) will not be routinely more than one docket or rulemaking
inspection. available for public inspection. The number appears in the caption of this
DATES: Submit comments on or before Commission found that amending these proceeding, filers must submit two
June 16, 2015 and reply comments are rules will enhance amateur radio additional copies for each additional
due July 16, 2015. operators’ privacy without undermining docket or rulemaking number. All
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
ADDRESSES: You may submit comments, the public interest in knowing who is filings must be sent to the Commission’s
identified by WT Docket No. 15–81; authorized to operate on amateur Secretary, Office of the Secretary,
FCC 15–40, by any of the following spectrum. The Commission also seeks Federal Communications Commission,
methods: comment on whether this approach 445 12th Street SW., Room TW–A325,
• Federal eRulemaking Portal: http:// should be extended to individual Washington, DC 20554.
www.regulations.gov. Follow the licensees in any other Wireless Radio 6. Commenters may send filings by
instructions for submitting comments. Services, such as the General Mobile hand or messenger delivery, by
• Federal Communications Radio Service, commercial radio commercial overnight courier, or by
Commission’s Web site: http:// operator licensees, and individuals who first-class or overnight U.S. Postal
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![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Proposed Rules 21201
Service mail. The Commission’s rules to provide that only amateur radio excluded from routine public inspection
contractor will receive hand-delivered licensee address information connected under another section of this chapter:
or messenger-delivered paper filings for with current licenses and pending * * * * *
the Commission’s Secretary at 445 12th applications is routinely available for (4) Electronically stored application
Street SW., Washington, DC 20554. public inspection in ULS or in paper and licensing data (including data filed
Commenters must bind all hand files. Because ‘‘small entities,’’ as manually and entered into ULS by
deliveries together with rubber bands or defined in the RFA, do not include a Commission staff) for commercial radio
fasteners and must dispose of any ‘‘person’’ as the term is used in this operators and for all authorizations in
envelopes before entering the building. proceeding or an individual, the the Wireless Radio Services are
This facility is the only location where proposed rules do not apply to ‘‘small available for public inspection via the
the Commission’s Secretary will accept entities.’’ Rather, they apply exclusively Commission’s Web site, http://
hand-delivered or messenger-delivered to individuals who are licensees of wireless.fcc.gov/uls. Wireless Radio
paper filings. Commenters must send certain stations or who hold certain services include Commercial and
commercial overnight mail (other than Commission authorizations. Therefore, Private Mobile Radio, Common Carrier
U.S. Postal Service Express Mail and we certify that the proposals in this and Private Operational Fixed point-to-
Priority Mail) to 9300 East Hampton NPRM, if adopted, will not have a point Microwave, Local Television
Drive, Capitol Heights, MD 20743. significant economic impact on a Transmission Service (LTTS), Digital
Commenters should address U.S. Postal substantial number of small entities. Electronic Message Service (DEMS),
Service first-class mail, Express Mail, Aviation Ground and Marine Coast
III. Ordering Clauses
and Priority Mail to 445 12th Street applications; and
SW., Washington, DC 20554. 11. Accordingly, it is ordered,
pursuant to sections 4(i), 303(r), and 403 * * * * *
C. Paperwork Reduction Act of the Communications Act of 1934, 47 ■ 3. Section 0.457 is amended by
7. This document does not contain U.S.C. 154(i), 303(r), and 403, that this revising paragraph (f) to read as follows:
proposed information collection Notice of Proposed Rulemaking is § 0.457 Records not routinely available for
requirements subject to the Paperwork hereby adopted. public inspection.
Reduction Act of 1995, Public Law 104– 12. The Commission’s Consumer and
* * * * *
13. In addition, therefore, it does not Governmental Affairs Bureau, Reference
Information Center, shall send a copy of (f) Personnel, medical and other files
contain any proposed information
this Notice of Proposed Rulemaking, whose disclosure would constitute a
collection burden ‘‘for small business
including the Initial Regulatory clearly unwarranted invasion of
concerns with fewer than 25
Flexibility Certification, to the Chief personal privacy, 5 U.S.C. 552(b)(6). (1)
employees,’’ pursuant to the Small
Counsel for Advocacy of the Small Under E.O. 10561, the Commission
Business Paperwork Relief Act of 2002,
Business Administration. maintains an Official Personnel Folder
Public Law 107–198, see 44 U.S.C.
for each of its employees. Such folders
3506(c)(4).
List of Subjects in 47 CFR Part 0 are under the jurisdiction and control,
II. Initial Regulatory Flexibility Organization and functions. and are a part of the records, of the U.S.
Analysis Office of Personnel Management. Except
Federal Communications Commission. as provided in the rules of the Office of
8. The Regulatory Flexibility Act Marlene H. Dortch,
requires an initial regulatory flexibility Personnel Management (5 CFR 293.311),
Secretary. such folders will not be made available
analysis to be prepared for notice and
comment rulemaking proceedings, Proposed Rules for public inspection by the
unless the agency certifies that ‘‘the rule Commission. In addition, other records
For the reasons discussed in the of the Commission containing private,
will not, if promulgated, have a preamble, the Federal Communications
significant economic impact on a personal or financial information
Commission proposes to amend 47 CFR concerning particular employees and
substantial number of small entities.’’ part 0 as follows:
The RFA generally defines the term Commission contractors will be
‘‘small entity’’ as having the same withheld from public inspection.
PART 0—COMMISSION
meaning as the terms ‘‘small business,’’ ORGANIZATION (2) With respect to the Amateur Radio
‘‘small organization,’’ and ‘‘small Service as that term is defined in
governmental jurisdiction.’’ In addition, ■ 1. The authority citation for part 0 § 97.3(a) of this chapter, address
the term ‘‘small business’’ has the same continues to read as follows: information on expired, canceled, or
meaning as the term ‘‘small business terminated licenses; archived versions
Authority: Sec. 5, 48 Stat. 1068, as
concern’’ under the Small Business Act. amended; 47 U.S.C. 155, 225, unless of active licenses; and processed
A ‘‘small business concern’’ is one otherwise noted. applications will not be made available
which: (1) Is independently owned and ■ 2. Section 0.453 is amended by for public inspection by the
operated; (2) is not dominant in its field revising paragraphs (d) introductory text Commission. For such licensees,
of operation; and (3) satisfies any and (d)(4) to read as follows: disclosure of an individual’s historical
additional criteria established by the address information is considered
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Small Business Administration (SBA). § 0.453 Public reference rooms. clearly unwarranted invasion of
9. In the NPRM, we propose to amend * * * * * personal privacy.
the Commission’s rules of organization. (d) Wireless Telecommunications * * * * *
In this NPRM, we propose to amend the Services and Auction related data as [FR Doc. 2015–08810 Filed 4–16–15; 8:45 am]
Commission’s inspection of records follows, except to the extent they are BILLING CODE 6712–01–P
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Document Created: 2015-12-18 11:19:38
Document Modified: 2015-12-18 11:19:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Submit comments on or before June 16, 2015 and reply comments are due July 16, 2015. | |
| Contact | Scot Stone, at [email protected], Mobility Division, Wireless Telecommunications Bureau, (202) 418-0638, TTY (202) 418-7233. | |
| FR Citation | 80 FR 21200 |
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