81 FR 55161 - Harmonizing and Streamlining Rules Concerning Requirements for Licensees to Overcome a CMRS Presumption
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 160 (August 18, 2016)
Federal Register Volume 81, Issue 160 (August 18, 2016)
| Page Range | 55161-55165 | |
| FR Document | 2016-19564 |
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)] [Proposed Rules] [Pages 55161-55165] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19564] [[Page 55161]] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 4, 9, and 20 [WT Docket No. 16-240; FCC 16-95] Harmonizing and Streamlining Rules Concerning Requirements for Licensees to Overcome a CMRS Presumption AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission or FCC) proposes and seeks comment on revising the Commission's rules governing commercial mobile radio services. We propose to end the presumption contained in the Commission's rules that all applicants and licensees in the services identified in that section intend to license their facilities as commercial mobile radio service (``CMRS'') operations by eliminating that section and making related rule changes. DATES: Submit comments on or before October 17, 2016 and reply comments on or before November 16, 2016. ADDRESSES: You may submit comments, identified by WT Docket No. 16-240, by any of the following methods:Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. Mail: All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. 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: Wilbert E. Nixon Jr., [email protected], Mobility Division, Wireless Telecommunications Bureau, (202) 418-0985, or TTY (202) 418-7233. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM) in WT Docket No. 16-240, FCC 16-95, adopted July 27, 2016, and released July 28, 2016. 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., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, facsimile (202) 488-5563, or via email at [email protected]. The full text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0728/FCC-16-95A1.pdf. Alternative formats are available to persons with disabilities by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Comment Filing Instructions Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (``ECFS''). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202- 418-0432 (tty). Synopsis I. Introduction A. Proposal To Revise Part 20 and Make Related Changes 1. In this document, the Commission proposes amendments to the Part 20 rules to update, streamline, and modernize them, including harmonizing the regulatory treatment of the various mobile radio services with regard to how applicants must report the regulatory classification of their facilities and easing spectrum acquisition in the secondary market consistent with suggestions received as part of the Commission's process reform efforts. Specifically, we tentatively conclude that eliminating the CMRS presumption for those operators of services currently identified in section 20.9 would streamline application preparation and processing, and promote comparable treatment of wireless applicants and licensees. Under the proposed elimination of section 20.9 contained in this NPRM, applicants and licensees could simply inform the Commission in initial, modification, or assignment applications of their regulatory status. We seek comment on our tentative conclusions, as well as the costs and benefits of our proposed approach. 2. This proposed approach would shorten the period for processing of a number of applications, as well as eliminate the obligation of certain licensees and applicants in the services specified in section 20.9 to make a showing, even if brief, regarding their intent to operate on a non-common carrier or private basis. We tentatively conclude that shortening the period for application processing as well as lightening the regulatory burden currently imposed on licensees and [[Page 55162]] applicants that apply to operate as non-CMRS providers in the services listed in section 20.9 will lead to more efficient and timely use of the licensed spectrum, without imposing any more regulatory burdens than those necessary for the Commission to oversee spectrum usage. We seek comment on this tentative conclusion. 3. In addition, we believe that the proposed elimination of section 20.9 would help to eliminate uneven and disparate regulation of wireless applicants and licensees. As we discussed above, the regulatory filing requirements and potential lengthening of the application processing period imposed by section 20.9 on licensees and applicants desiring to use spectrum identified in this rule section on a non-CMRS basis are not imposed uniformly on all spectrum and services, particularly when compared with those services for which service rules have been adopted in recent years by the Commission. We tentatively conclude that the public interest would be served by treating similarly situated entities on a more equitable, comparable basis. 4. The Commission, in adopting section 20.9, conducted an extensive review of the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, Title VI, section 6002(b) (``1993 OBRA''), amending the Communications Act of 1934 and codified at 47 U.S.C. 332(c), its legislative history, and developments in regulation of wireless services. The Commission noted that Congress ``replaced the common carrier and private radio definitions that evolved under the prior version of Section 332 of the Act with two newly defined categories of mobile services: Commercial mobile radio service (CMRS) and private mobile radio service (PMRS),'' and ``replaced traditional regulation of mobile services with an approach that brings all mobile service providers under a comprehensive, consistent regulatory framework and gives the Commission flexibility to establish appropriate levels of regulation for mobile radio services providers.'' Two Congressional objectives appeared to drive these statutory changes: (1) ``To ensure that similar [mobile] services would be subject to consistent regulatory classification[;]'' and (2) to ``establish[ ] and administer[ ] for CMRS providers'' ``an appropriate level of regulation.'' 5. The Commission also noted that Congress was concerned with the ``disparate regulatory treatment'' that had evolved across services, observing that Congress's intent that the Commission establish consistent regulations was reflected in the statutory requirement that any service that amounted to a ``functional equivalent'' of CMRS be treated as CMRS even if the service did not fit the strict definition of that service. At the same time, the Commission ``anticipat[ed] that very few mobile services that do not meet the definition of CMRS will be a close substitute for a [CMRS].'' The Commission therefore decided to ``presume that a mobile service that does not meet the definition of CMRS is a [PMRS].'' To rebut the presumption, a challenger to a PMRS claim was required to follow the method and meet the criteria that the Commission prescribed for demonstrating that the carrier claiming PMRS status was actually providing the functional equivalent of CMRS. Section 20.9(a)(14) memorializes this presumption and the criteria for the showing that someone challenging the presumption would need to make to overcome it (i.e., to demonstrate that an applicant purporting to offer PMRS is actually offering services that are the functional equivalent of CMRS and thus warrants the corresponding level of regulation). This rebuttable presumption has served as a reasonable mechanism for classifying a service as PMRS or CMRS for filing purposes, consistent with the statutory definitions. It does not, however, constitute the only approach for identifying whether a provider's proposed or existing service should be classified one way or another, and changes may now be warranted based on the development of CMRS and PMRS services and our experience with the application of the presumption, such as how parties have used it, how often and how successfully it has been challenged, and whether it tends to streamline the licensing processes or encumber them. 6. As discussed above, the substantial changes that have occurred in the wireless industry since the rule's adoption suggest that it is now an appropriate time to reexamine the need for the presumption, and this NPRM seeks comment on its continued use and on other possible approaches. There has been increasing demand for PMRS use of spectrum and other rule changes permitting more flexible uses of spectrum in ways that section 20.9 does not encourage (i.e., by requiring the filing of a waiver). We observe that the section 20.9 construct, which treats certain mobile services differently depending upon where they fall in our rules, can result in application processing inefficiencies and delays for the affected services. Given changed circumstances since the Commission adopted section 20.9, we tentatively conclude that eliminating the rule would help to further Congressional intent that the Commission avoid ``disparate regulatory treatment'' across mobile radio services. 7. We also observe that section 20.3 of the rules defines ``commercial mobile radio service'' to include a mobile service that is ``[t]he functional equivalent of a mobile service described in paragraph (a) of this section, including a mobile broadband Internet access service as defined in section 8.2 of this chapter.'' We therefore believe that section 20.3 of the rules, either in its current form or as we propose below to modify it, and in combination with other Commission rules and processes, helps ensure that the Commission will continue to treat as CMRS any service that amounts to a ``functional equivalent'' of CMRS. We anticipate that the combined effect of our proposals to eliminate section 20.9 of the rules and rely on the CMRS definition in section 20.3 will continue to treat services operating as functionally equivalent to CMRS in the same way as we treat CMRS, while eliminating minor processing differences across types of wireless applications. 8. We seek comment on these proposals, including other ways to overcome the processing inefficiencies discussed above. For example, would amending section 20.9 help to address these concerns more effectively than eliminating the rule in its entirety? We seek comments on such alternatives, if any, as well as their costs and benefits. 9. We note that the elimination of one subsection of section 20.9 was recently endorsed by commenters responding to the Wireless Telecommunications Bureau's Public Notice regarding the applicability of paging and radiotelephone rules and soliciting comment on the need for technical flexibility. For example, the Land Mobile Communications Council stressed that eliminating section 20.9(a)(6) would be consistent with the eligibility standard now reflected in section 22.7 and ``would eliminate an unnecessary burden on applicants and the FCC staff.'' Both the BloostonLaw Licensees and Nebraska Public Power District agreed that section 20.9(a)(6) should be eliminated. We believe that the reasons used to support arguments in favor of the elimination of section 20.9(a)(6) apply to removal of section 20.9 in its entirety and seek comment on this view. 10. Regardless of what action we take regarding our proposal to eliminate section 20.9, we tentatively conclude [[Page 55163]] that we should make a technical corrective edit to section 9.3 of the Commission's rules which includes definitions to be used in connection with the provision of interconnected Voice over Internet Protocol services. Specifically, section 9.3 defines ``CMRS'' as ``Commercial Mobile Radio Service, as defined in section 20.9 of this chapter.'' We propose that this definition refer instead to section 20.3, which is the definition section for Part 20 and includes a definition of ``commercial mobile radio service.'' 11. We also find that a corrective edit to section 4.3(f) of our rules is appropriate, whether or not we adopt the proposal to eliminate section 20.9. Section 4.3(f), which defines ``wireless service providers'' subject to outage reporting requirements, includes a cross- reference to section 20.9 for a definition of ``commercial mobile radio service.'' As discussed above with respect to section 9.3, we propose instead that the definition in this section refer to the definition of ``commercial mobile radio service'' in section 20.3. 12. We also propose to eliminate section 20.7, which includes a list of services defined as falling within the definition of ``mobile services'' as used in sections 3(n) and 332 of the Communications Act. As with section 20.9, in light of the mobile services created since the Commission adopted this rule, section 20.7 is under-inclusive insofar as it does not include all the services that in fact are ``mobile services'' under the statutory language. Eliminating section 20.7 would not change the definition of ``mobile service'' contained in section 20.3, the Definitions section of Part 20. We tentatively conclude that section 20.7 no longer appears to serve a useful purpose, and we seek comment on that tentative conclusion and our proposal to eliminate this section. 13. As we noted above, section 20.3 defines the term ``commercial mobile radio service,'' and includes as part of that definition a mobile service that is ``[t]he functional equivalent of a mobile service described in paragraph (a) of this section.'' Section 20.9(a)(14), which would be deleted if we were to eliminate section 20.9 in its entirety, enumerates some of the factors that the Commission may consider in determining whether a mobile service is the functional equivalent of a commercial mobile radio service in cases where the service otherwise does not meet the definition of CMRS and the resulting presumptive classification of the service as PMRS has been challenged. In this regard, section 20.9(a)(14) lays out the process for making such a challenge--i.e., a challenger may attempt to defeat this presumptive classification by filing a petition for declaratory ruling challenging a mobile service provider's regulatory treatment as a private mobile radio service. We ask interested parties to comment on whether retaining section 20.9(a)(14), or any of its subsections, would be useful to maintain as a practical and procedural set of guidelines for both the providers of mobile services and the Commission when applying the definitions of CMRS and PMRS, and whether we should move this language to section 20.3, as a subsection under the definition of commercial mobile radio service, or to another section in part 20. 14. We tentatively conclude that nothing in the proposed elimination of sections 20.7 or 20.9 would affect the definition of ``commercial mobile radio service'' contained in section 20.3 of our rules or the obligations imposed on providers of commercial mobile radio services. Indeed, we wish to reiterate that we do not intend to change either any substantive CMRS regulatory policies with our proposal or other substantive policies pursuant to existing Commission rules affecting the licensees in the services that an amended section 20.3 would address. Rather, our proposal in this rulemaking regarding section 20.9 is narrow and we intend for it to eliminate an unnecessary burden upon certain licensees and applicants in services named in that section. There would be no change in the obligations imposed upon entities providing commercial or private mobile radio service. In this regard, we observe that we have the necessary authority, independent of the requirements of section 20.9, to take enforcement action against a licensee that intentionally tries to avoid CMRS regulation by misrepresenting that its service is or will be operated on a ``non- common carrier'' or ``private'' basis (e.g., by selecting such status in an application filed with the Commission), when its service offering in fact falls within the CMRS definition and warrants being subject to the appropriate regulations as a result of that status. We also observe that even if we eliminate the section 20.9(a)(14) PMRS presumption for providers whose service does not meet the strict CMRS definition, potential challengers would continue to have avenues available to challenge an applicant's or licensee's designation of its service as ``non-common carrier'' or ``private,'' (e.g., by filing a pleading challenging an application or its grant, based on the charge that the applicant's claimed regulatory status was incorrect). Similarly, although those that might seek to challenge an application filed under section 20.9(b) of the rules might lose the 30-day notice period currently afforded by public notice, other avenues to challenge such applications would remain available. We request comment on our tentative conclusions. 15. Section 20.9(a)(10) includes certain mobile satellite services and section 20.9(a)(13) includes certain FM subcarrier communications within the definition of ``commercial mobile radio service.'' At this time, we see no reason not to treat these services the same as the other services identified in section 20.9, but we seek comment on any potential impact. 16. We request comment on the necessary changes we need to make to our forms. For example, at present, Form 603 does not include the option for a proposed assignee/transferee to indicate a different regulatory status for a license that is the subject of a proposed transaction. We believe that, if we adopt revised rules as proposed above, we also will need to revise Form 603 to permit a proposed assignee or transferee to indicate a change in regulatory status. 17. In connection with revising our forms consistent with whatever action we take in this proceeding, at present, many of our forms provide the option of selecting one of the following statuses: ``common carrier;'' ``non-common carrier;'' or ``private, internal communications.'' The existing terms derive from past usage about categories of mobile wireless operations. We seek comment on whether we should replace these existing regulatory status terms in the forms to reflect the CMRS/PMRS terminology. We note that both CMRS and PMRS are defined terms in section 20.3, and are terms consistent with section 332 of the Communications Act. We tentatively conclude that using the existing terms of ``common carrier,'' ``non-common carrier,'' and ``private, internal communications'' tend to be confusing and that usage of the terms ``CMRS'' and ``PMRS'' with accompanying definitions in the form instructions would reflect more accurately the rules and statutory provisions on which the forms are based and thus be easier to understand. We seek comment on this tentative conclusion. B. Initial Regulatory Flexibility Certification 18. The Regulatory Flexibility Act (RFA) requires that an agency prepare a regulatory flexibility analysis for notice- [[Page 55164]] 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 ``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 that: (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). 19. In this NPRM, we seek comment on proposals to streamline and harmonize our requirements for wireless licensees and applicants. We address a proposal to revise the Commission's Part 20 rules governing commercial mobile radio services. We propose to end the presumption contained in section 20.9 of the Commission's rules that all applicants and licensees in the services identified in that section intend to license their facilities as commercial mobile radio service (``CMRS'') operations by eliminating that section and making related rule changes. In addition, we propose to simplify the process by which an applicant or license in the affected services indicates its regulatory status in the relevant application forms. 20. We initiate this proceeding as a part of the Commission's process reform initiative and to update and modernize our Part 20 and related wireless service rules. These proposed revisions to part 20 are intended to eliminate the burden on applicants and licensees--including small entities--that desire to operate on a non-CMRS basis of having to overcome the presumption that their service offerings are CMRS. 21. The closest estimate of the number of small businesses that may potentially be affected by our proposed rule changes is the SBA's ``Wireless Telecommunications Carriers (except Satellite)'' category. This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via airwaves. Establishments in this industry have spectrum licenses and provide services using spectrum, such as wireless phone services, paging services, wireless Internet access, and wireless video services--which are the types of services provided by the different types of licensees listed in section 20.9 of the Commission's rules. For this category, a business is considered small if it has 1,500 or fewer employees. For this category, census data for 2007 show that were 1,383 firms that operated for the entire year. Of this total, 1,368 firms had 999 or fewer employees and 15 had 1,000 or more. Thus, under this category and the associated small business size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities that may be affected by our proposed action. We note that using this category to estimate the number of small entities potentially affected by our proposed action likely overstates the number of entities (small or otherwise) that in fact might be affected by our proposed rule changes since there are some entities falling in the wireless telecommunications carriers (except satellite) carrier that have no operations potentially affected by any of the changes we propose to make to part 20. 22. We have determined that the impact on the entities affect by the proposed rule changes will not be significant. The most significant effect of the proposed rule change is to allow the affected entities, including small entities, greater flexibility in choosing their regulatory status as common carrier/CMRS or non-common carrier/private/ PMRS and to reduce regulatory delays in the processing of applications that would implement such choices. We expect the impact of the proposed amendments to be a reduction in processing time regarding applications related to the entity's preferred regulatory status. We believe that this reduction in processing time and also perhaps in paperwork will be minimal but beneficial to all affected entities, including small businesses. 23. The Commission therefore certifies, pursuant to the RFA, that the proposals in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in the NPRM require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments. The Commission will send a copy of the NPRM, including a copy of this initial certification, to the Chief Counsel for Advocacy of the SBA. In addition, a copy of the NPRM and this initial certification will be published in the Federal Register. II. Procedural Matters A. Ex Parte Presentations 24. Permit-But-Disclose. The proceeding this NPRM initiates shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system (``ECFS'') available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. B. Filing Requirements 25. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). [[Page 55165]] Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202- 418-0432 (tty). III. Initial Regulatory Flexibility Certification 26. The Regulatory Flexibility Act of 1980 (RFA) requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' Accordingly, we have prepared an Initial Regulatory Flexibility Certification (``IRFC'') of the possible significant economic impact on small entities of the policies and rules proposed in this NPRM. The certification is found in the Appendix. We request written public comment on the certification. Comments must be filed in accordance with the same deadlines as comments filed in response to the NPRM, and must have a separate and distinct heading designating them as responses to the IRFC. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this NPRM, including the IRFC, to the Chief Counsel for Advocacy of the Small Business Administration. IV. Paperwork Reduction Analysis 27. This document contains proposed new and modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees. 28. Availability of Documents. Comments, reply comments, and ex parte submissions will be publically available online via ECFS. These documents will also be available for public inspection during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW., Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. List of Subjects 47 CFR Part 4 Disruptions to communications, Reporting requirements. 47 CFR Part 9 Interconnected voice over internet protocol services, Definitions. 47 CFR Part 20 Commercial mobile services, Mobile services and Commercial mobile radio services. Federal Communications Commission. Marlene H. Dortch, Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission propose to amend 47 CFR parts 4, 9, and 20 as follows: PART 4--DISRUPTIONS TO COMMUNICATIONS 0 1. The authority citation of part 4 continues to read as follows: Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155, 201, 251, 307, 316, 615a-1, 1302(a), and 1302(b) unless otherwise noted. 0 2. Section 4.3 is amended by revising paragraph (f) to read as follows: * * * * * (f) Wireless service providers include Commercial Mobile Radio Service communications providers that use cellular architecture and CMRS paging providers. See Sec. 20.3 of this chapter for the definition of Commercial Mobile Radio Service. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications. * * * * * PART 9--INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES 0 3. The authority citation of part 9 continues to read as follows: Authority: 47 U.S.C. 151, 154(i)-(j), 251(e), 303(r), and 615a- 1 unless otherwise noted. 0 4. Section 9.3 is amended by revising the definition of ``CMRS'' to read as follows: * * * * * CMRS. Commercial Mobile Radio Services, as defined in Sec. 20.3 of this chapter. * * * * * PART 20--COMMERCIAL MOBILE SERVICES 0 5. The authority citation of part 20 continues to read as follows: Authority: 47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 615, 615a, 615b, and 615c unless otherwise noted. Sec. Sec. 20.7 and 20.9 [Removed]. 0 6. Remove Sec. Sec. 20.7 and 20.9. [FR Doc. 2016-19564 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules 55161
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and making related rule changes.
disabilities by sending an email to rules to update, streamline, and
DATES: Submit comments on or before fcc504@fcc.gov or by calling the modernize them, including harmonizing
October 17, 2016 and reply comments Consumer & Governmental Affairs the regulatory treatment of the various
on or before November 16, 2016. Bureau at 202–418–0530 (voice), 202– mobile radio services with regard to
ADDRESSES: You may submit comments, 418–0432 (TTY). how applicants must report the
identified by WT Docket No. 16–240, by regulatory classification of their
any of the following methods: Comment Filing Instructions facilities and easing spectrum
• Federal Communications Pursuant to sections 1.415 and 1.419 acquisition in the secondary market
Commission’s Web site: http:// of the Commission’s rules, 47 CFR 1.415 consistent with suggestions received as
fjallfoss.fcc.gov/ecfs2/. Follow the and 1.419, interested parties may file part of the Commission’s process reform
instructions for submitting comments. comments and reply comments on or efforts. Specifically, we tentatively
• Mail: All hand-delivered or before the dates indicated on the first conclude that eliminating the CMRS
messenger-delivered paper filings for page of this document. Comments may presumption for those operators of
the Commission’s Secretary must be be filed using the Commission’s services currently identified in section
delivered to FCC Headquarters at 445 Electronic Comment Filing System 20.9 would streamline application
12th Street SW., Room TW–A325, (‘‘ECFS’’). See Electronic Filing of preparation and processing, and
Washington, DC 20554. The filing hours Documents in Rulemaking Proceedings, promote comparable treatment of
are 8:00 a.m. to 7:00 p.m. All hand 63 FR 24121, May 1, 1998. wireless applicants and licensees.
deliveries must be held together with • Electronic Filers: Comments may be Under the proposed elimination of
rubber bands or fasteners. Any filed electronically using the Internet by section 20.9 contained in this NPRM,
envelopes and boxes must be disposed accessing the ECFS: http:// applicants and licensees could simply
of before entering the building. fjallfoss.fcc.gov/ecfs2/. inform the Commission in initial,
Commercial overnight mail (other than • Paper Filers: Parties who choose to modification, or assignment
U.S. Postal Service Express Mail and file by paper must file an original and applications of their regulatory status.
Priority Mail) must be sent to 9300 East one copy of each filing. We seek comment on our tentative
Hampton Drive, Capitol Heights, MD Filings can be sent by hand or conclusions, as well as the costs and
20743. U.S. Postal Service first-class, messenger delivery, by commercial benefits of our proposed approach.
Express, and Priority mail must be overnight courier, or by first-class or 2. This proposed approach would
addressed to 445 12th Street SW., overnight U.S. Postal Service mail. All shorten the period for processing of a
Washington, DC 20554. filings must be addressed to the number of applications, as well as
• People with Disabilities: Contact the Commission’s Secretary, Office of the eliminate the obligation of certain
FCC to request reasonable Secretary, Federal Communications licensees and applicants in the services
sradovich on DSK3GMQ082PROD with PROPOSALS
accommodations (accessible format Commission. specified in section 20.9 to make a
documents, sign language interpreters, • All hand-delivered or messenger- showing, even if brief, regarding their
CART, etc.) by email: FCC504@fcc.gov delivered paper filings for the intent to operate on a non-common
or phone: 202–418–0530 or TTY: 202– Commission’s Secretary must be carrier or private basis. We tentatively
418–0432. delivered to FCC Headquarters at 445 conclude that shortening the period for
For detailed instructions for 12th Street SW., Room TW–A325, application processing as well as
submitting comments and additional Washington, DC 20554. The filing hours lightening the regulatory burden
information on the rulemaking process, are 8:00 a.m. to 7:00 p.m. All hand currently imposed on licensees and
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![55162 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules
applicants that apply to operate as non- regulations was reflected in the circumstances since the Commission
CMRS providers in the services listed in statutory requirement that any service adopted section 20.9, we tentatively
section 20.9 will lead to more efficient that amounted to a ‘‘functional conclude that eliminating the rule
and timely use of the licensed spectrum, equivalent’’ of CMRS be treated as would help to further Congressional
without imposing any more regulatory CMRS even if the service did not fit the intent that the Commission avoid
burdens than those necessary for the strict definition of that service. At the ‘‘disparate regulatory treatment’’ across
Commission to oversee spectrum usage. same time, the Commission mobile radio services.
We seek comment on this tentative ‘‘anticipat[ed] that very few mobile 7. We also observe that section 20.3 of
conclusion. services that do not meet the definition the rules defines ‘‘commercial mobile
3. In addition, we believe that the of CMRS will be a close substitute for radio service’’ to include a mobile
proposed elimination of section 20.9 a [CMRS].’’ The Commission therefore service that is ‘‘[t]he functional
would help to eliminate uneven and decided to ‘‘presume that a mobile equivalent of a mobile service described
disparate regulation of wireless service that does not meet the definition in paragraph (a) of this section,
applicants and licensees. As we of CMRS is a [PMRS].’’ To rebut the including a mobile broadband Internet
discussed above, the regulatory filing presumption, a challenger to a PMRS access service as defined in section 8.2
requirements and potential lengthening claim was required to follow the method of this chapter.’’ We therefore believe
of the application processing period and meet the criteria that the that section 20.3 of the rules, either in
imposed by section 20.9 on licensees Commission prescribed for its current form or as we propose below
and applicants desiring to use spectrum demonstrating that the carrier claiming to modify it, and in combination with
identified in this rule section on a non- PMRS status was actually providing the other Commission rules and processes,
CMRS basis are not imposed uniformly functional equivalent of CMRS. Section helps ensure that the Commission will
on all spectrum and services, 20.9(a)(14) memorializes this continue to treat as CMRS any service
particularly when compared with those presumption and the criteria for the that amounts to a ‘‘functional
services for which service rules have showing that someone challenging the equivalent’’ of CMRS. We anticipate that
been adopted in recent years by the presumption would need to make to the combined effect of our proposals to
Commission. We tentatively conclude overcome it (i.e., to demonstrate that an eliminate section 20.9 of the rules and
that the public interest would be served applicant purporting to offer PMRS is rely on the CMRS definition in section
by treating similarly situated entities on actually offering services that are the 20.3 will continue to treat services
a more equitable, comparable basis. functional equivalent of CMRS and thus operating as functionally equivalent to
4. The Commission, in adopting warrants the corresponding level of CMRS in the same way as we treat
section 20.9, conducted an extensive regulation). This rebuttable presumption CMRS, while eliminating minor
review of the Omnibus Budget has served as a reasonable mechanism processing differences across types of
Reconciliation Act of 1993, Public Law wireless applications.
for classifying a service as PMRS or
103–66, Title VI, section 6002(b) (‘‘1993 8. We seek comment on these
CMRS for filing purposes, consistent
OBRA’’), amending the proposals, including other ways to
with the statutory definitions. It does
Communications Act of 1934 and overcome the processing inefficiencies
not, however, constitute the only
codified at 47 U.S.C. 332(c), its discussed above. For example, would
approach for identifying whether a
legislative history, and developments in amending section 20.9 help to address
provider’s proposed or existing service
regulation of wireless services. The these concerns more effectively than
should be classified one way or another,
Commission noted that Congress eliminating the rule in its entirety? We
and changes may now be warranted
‘‘replaced the common carrier and seek comments on such alternatives, if
based on the development of CMRS and any, as well as their costs and benefits.
private radio definitions that evolved
under the prior version of Section 332 PMRS services and our experience with 9. We note that the elimination of one
of the Act with two newly defined the application of the presumption, subsection of section 20.9 was recently
categories of mobile services: such as how parties have used it, how endorsed by commenters responding to
Commercial mobile radio service often and how successfully it has been the Wireless Telecommunications
(CMRS) and private mobile radio service challenged, and whether it tends to Bureau’s Public Notice regarding the
(PMRS),’’ and ‘‘replaced traditional streamline the licensing processes or applicability of paging and
regulation of mobile services with an encumber them. radiotelephone rules and soliciting
approach that brings all mobile service 6. As discussed above, the substantial comment on the need for technical
providers under a comprehensive, changes that have occurred in the flexibility. For example, the Land
consistent regulatory framework and wireless industry since the rule’s Mobile Communications Council
gives the Commission flexibility to adoption suggest that it is now an stressed that eliminating section
establish appropriate levels of appropriate time to reexamine the need 20.9(a)(6) would be consistent with the
regulation for mobile radio services for the presumption, and this NPRM eligibility standard now reflected in
providers.’’ Two Congressional seeks comment on its continued use and section 22.7 and ‘‘would eliminate an
objectives appeared to drive these on other possible approaches. There has unnecessary burden on applicants and
statutory changes: (1) ‘‘To ensure that been increasing demand for PMRS use the FCC staff.’’ Both the BloostonLaw
similar [mobile] services would be of spectrum and other rule changes Licensees and Nebraska Public Power
subject to consistent regulatory permitting more flexible uses of District agreed that section 20.9(a)(6)
classification[;]’’ and (2) to ‘‘establish[ ] spectrum in ways that section 20.9 does should be eliminated. We believe that
sradovich on DSK3GMQ082PROD with PROPOSALS
and administer[ ] for CMRS providers’’ not encourage (i.e., by requiring the the reasons used to support arguments
‘‘an appropriate level of regulation.’’ filing of a waiver). We observe that the in favor of the elimination of section
5. The Commission also noted that section 20.9 construct, which treats 20.9(a)(6) apply to removal of section
Congress was concerned with the certain mobile services differently 20.9 in its entirety and seek comment on
‘‘disparate regulatory treatment’’ that depending upon where they fall in our this view.
had evolved across services, observing rules, can result in application 10. Regardless of what action we take
that Congress’s intent that the processing inefficiencies and delays for regarding our proposal to eliminate
Commission establish consistent the affected services. Given changed section 20.9, we tentatively conclude
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![Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules 55163
that we should make a technical 20.9(a)(14) lays out the process for based on the charge that the applicant’s
corrective edit to section 9.3 of the making such a challenge—i.e., a claimed regulatory status was incorrect).
Commission’s rules which includes challenger may attempt to defeat this Similarly, although those that might
definitions to be used in connection presumptive classification by filing a seek to challenge an application filed
with the provision of interconnected petition for declaratory ruling under section 20.9(b) of the rules might
Voice over Internet Protocol services. challenging a mobile service provider’s lose the 30-day notice period currently
Specifically, section 9.3 defines regulatory treatment as a private mobile afforded by public notice, other avenues
‘‘CMRS’’ as ‘‘Commercial Mobile Radio radio service. We ask interested parties to challenge such applications would
Service, as defined in section 20.9 of to comment on whether retaining remain available. We request comment
this chapter.’’ We propose that this section 20.9(a)(14), or any of its on our tentative conclusions.
definition refer instead to section 20.3, subsections, would be useful to 15. Section 20.9(a)(10) includes
which is the definition section for Part maintain as a practical and procedural certain mobile satellite services and
20 and includes a definition of set of guidelines for both the providers section 20.9(a)(13) includes certain FM
‘‘commercial mobile radio service.’’ of mobile services and the Commission subcarrier communications within the
11. We also find that a corrective edit when applying the definitions of CMRS definition of ‘‘commercial mobile radio
to section 4.3(f) of our rules is and PMRS, and whether we should service.’’ At this time, we see no reason
appropriate, whether or not we adopt move this language to section 20.3, as a not to treat these services the same as
the proposal to eliminate section 20.9. subsection under the definition of the other services identified in section
Section 4.3(f), which defines ‘‘wireless commercial mobile radio service, or to 20.9, but we seek comment on any
service providers’’ subject to outage another section in part 20. potential impact.
reporting requirements, includes a 16. We request comment on the
14. We tentatively conclude that necessary changes we need to make to
cross-reference to section 20.9 for a
nothing in the proposed elimination of our forms. For example, at present,
definition of ‘‘commercial mobile radio
sections 20.7 or 20.9 would affect the Form 603 does not include the option
service.’’ As discussed above with
definition of ‘‘commercial mobile radio for a proposed assignee/transferee to
respect to section 9.3, we propose
service’’ contained in section 20.3 of our indicate a different regulatory status for
instead that the definition in this
rules or the obligations imposed on a license that is the subject of a
section refer to the definition of
providers of commercial mobile radio proposed transaction. We believe that, if
‘‘commercial mobile radio service’’ in
services. Indeed, we wish to reiterate we adopt revised rules as proposed
section 20.3.
12. We also propose to eliminate that we do not intend to change either above, we also will need to revise Form
section 20.7, which includes a list of any substantive CMRS regulatory 603 to permit a proposed assignee or
services defined as falling within the policies with our proposal or other transferee to indicate a change in
definition of ‘‘mobile services’’ as used substantive policies pursuant to existing regulatory status.
in sections 3(n) and 332 of the Commission rules affecting the licensees 17. In connection with revising our
Communications Act. As with section in the services that an amended section forms consistent with whatever action
20.9, in light of the mobile services 20.3 would address. Rather, our we take in this proceeding, at present,
created since the Commission adopted proposal in this rulemaking regarding many of our forms provide the option of
this rule, section 20.7 is under-inclusive section 20.9 is narrow and we intend for selecting one of the following statuses:
insofar as it does not include all the it to eliminate an unnecessary burden ‘‘common carrier;’’ ‘‘non-common
services that in fact are ‘‘mobile upon certain licensees and applicants in carrier;’’ or ‘‘private, internal
services’’ under the statutory language. services named in that section. There communications.’’ The existing terms
Eliminating section 20.7 would not would be no change in the obligations derive from past usage about categories
change the definition of ‘‘mobile imposed upon entities providing of mobile wireless operations. We seek
service’’ contained in section 20.3, the commercial or private mobile radio comment on whether we should replace
Definitions section of Part 20. We service. In this regard, we observe that these existing regulatory status terms in
tentatively conclude that section 20.7 no we have the necessary authority, the forms to reflect the CMRS/PMRS
longer appears to serve a useful independent of the requirements of terminology. We note that both CMRS
purpose, and we seek comment on that section 20.9, to take enforcement action and PMRS are defined terms in section
tentative conclusion and our proposal to against a licensee that intentionally tries 20.3, and are terms consistent with
eliminate this section. to avoid CMRS regulation by section 332 of the Communications Act.
13. As we noted above, section 20.3 misrepresenting that its service is or We tentatively conclude that using the
defines the term ‘‘commercial mobile will be operated on a ‘‘non-common existing terms of ‘‘common carrier,’’
radio service,’’ and includes as part of carrier’’ or ‘‘private’’ basis (e.g., by ‘‘non-common carrier,’’ and ‘‘private,
that definition a mobile service that is selecting such status in an application internal communications’’ tend to be
‘‘[t]he functional equivalent of a mobile filed with the Commission), when its confusing and that usage of the terms
service described in paragraph (a) of this service offering in fact falls within the ‘‘CMRS’’ and ‘‘PMRS’’ with
section.’’ Section 20.9(a)(14), which CMRS definition and warrants being accompanying definitions in the form
would be deleted if we were to subject to the appropriate regulations as instructions would reflect more
eliminate section 20.9 in its entirety, a result of that status. We also observe accurately the rules and statutory
enumerates some of the factors that the that even if we eliminate the section provisions on which the forms are based
Commission may consider in 20.9(a)(14) PMRS presumption for
sradovich on DSK3GMQ082PROD with PROPOSALS
and thus be easier to understand. We
determining whether a mobile service is providers whose service does not meet seek comment on this tentative
the functional equivalent of a the strict CMRS definition, potential conclusion.
commercial mobile radio service in challengers would continue to have
cases where the service otherwise does avenues available to challenge an B. Initial Regulatory Flexibility
not meet the definition of CMRS and the applicant’s or licensee’s designation of Certification
resulting presumptive classification of its service as ‘‘non-common carrier’’ or 18. The Regulatory Flexibility Act
the service as PMRS has been ‘‘private,’’ (e.g., by filing a pleading (RFA) requires that an agency prepare a
challenged. In this regard, section challenging an application or its grant, regulatory flexibility analysis for notice-
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![Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Proposed Rules 55165
• Electronic Filers: Comments may be Governmental Affairs Bureau, Reference PART 4—DISRUPTIONS TO
filed electronically using the Internet by Information Center, will send a copy of COMMUNICATIONS
accessing the ECFS: http:// this NPRM, including the IRFC, to the
fjallfoss.fcc.gov/ecfs2/. Chief Counsel for Advocacy of the Small ■ 1. The authority citation of part 4
• Paper Filers: Parties who choose to Business Administration. continues to read as follows:
file by paper must file an original and
one copy of each filing. IV. Paperwork Reduction Analysis Authority: Sec. 5, 48 Stat. 1068, as
Filings can be sent by hand or amended; 47 U.S.C. 154, 155, 201, 251, 307,
messenger delivery, by commercial 27. This document contains proposed 316, 615a–1, 1302(a), and 1302(b) unless
overnight courier, or by first-class or new and modified information otherwise noted.
overnight U.S. Postal Service mail. All collection requirements. The
Commission, as part of its continuing ■ 2. Section 4.3 is amended by revising
filings must be addressed to the paragraph (f) to read as follows:
Commission’s Secretary, Office of the effort to reduce paperwork burdens,
Secretary, Federal Communications invites the general public and the Office * * * * *
Commission. of Management and Budget (OMB) to (f) Wireless service providers include
• All hand-delivered or messenger- comment on the information collection Commercial Mobile Radio Service
delivered paper filings for the requirements contained in this communications providers that use
Commission’s Secretary must be document, as required by the Paperwork cellular architecture and CMRS paging
delivered to FCC Headquarters at 445 Reduction Act of 1995, Public Law 104– providers. See § 20.3 of this chapter for
12th St. SW., Room TW–A325, 13. In addition, pursuant to the Small the definition of Commercial Mobile
Washington, DC 20554. The filing hours Business Paperwork Relief Act of 2002, Radio Service. Also included are
are 8:00 a.m. to 7:00 p.m. All hand Public Law 107–198, see 44 U.S.C. affiliated and non-affiliated entities that
deliveries must be held together with 3506(c)(4), we seek specific comment on maintain or provide communications
rubber bands or fasteners. Any how we might further reduce the networks or services used by the
envelopes and boxes must be disposed information collection burden for small provider in offering such
of before entering the building. business concerns with fewer than 25
• Commercial overnight mail (other communications.
employees.
than U.S. Postal Service Express Mail * * * * *
and Priority Mail) must be sent to 9300 28. Availability of Documents.
East Hampton Drive, Capitol Heights, Comments, reply comments, and ex PART 9—INTERCONNECTED VOICE
MD 20743. parte submissions will be publically OVER INTERNET PROTOCOL
• U.S. Postal Service first-class, available online via ECFS. These SERVICES
Express, and Priority mail must be documents will also be available for
addressed to 445 12th Street SW., public inspection during regular ■ 3. The authority citation of part 9
Washington DC 20554. business hours in the FCC Reference continues to read as follows:
People with Disabilities: To request Information Center, which is located in Authority: 47 U.S.C. 151, 154(i)–(j), 251(e),
materials in accessible formats for Room CY–A257 at FCC Headquarters, 303(r), and 615a–1 unless otherwise noted.
people with disabilities (braille, large 445 12th Street SW., Washington, DC
print, electronic files, audio format), 20554. The Reference Information ■ 4. Section 9.3 is amended by revising
send an email to fcc504@fcc.gov or call Center is open to the public Monday the definition of ‘‘CMRS’’ to read as
the Consumer & Governmental Affairs through Thursday from 8:00 a.m. to 4:30 follows:
Bureau at 202–418–0530 (voice), 202– p.m. and Friday from 8:00 a.m. to 11:30 * * * * *
418–0432 (tty). a.m.
CMRS. Commercial Mobile Radio
III. Initial Regulatory Flexibility List of Subjects Services, as defined in § 20.3 of this
Certification chapter.
47 CFR Part 4
26. The Regulatory Flexibility Act of * * * * *
1980 (RFA) requires that an agency Disruptions to communications,
prepare a regulatory flexibility analysis Reporting requirements. PART 20—COMMERCIAL MOBILE
for notice and comment rulemakings, SERVICES
unless the agency certifies that ‘‘the rule 47 CFR Part 9
will not, if promulgated, have a ■ 5. The authority citation of part 20
Interconnected voice over internet
significant economic impact on a continues to read as follows:
protocol services, Definitions.
substantial number of small entities.’’ Authority: 47 U.S.C. 151, 152(a), 154(i),
Accordingly, we have prepared an 47 CFR Part 20 157, 160, 201, 214, 222, 251(e), 301, 302, 303,
Initial Regulatory Flexibility 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316,
Certification (‘‘IRFC’’) of the possible Commercial mobile services, Mobile
316(a), 332, 615, 615a, 615b, and 615c unless
significant economic impact on small services and Commercial mobile radio
otherwise noted.
entities of the policies and rules services.
proposed in this NPRM. The Federal Communications Commission. §§ 20.7 and 20.9 [Removed].
certification is found in the Appendix.
sradovich on DSK3GMQ082PROD with PROPOSALS
Marlene H. Dortch, ■ 6. Remove §§ 20.7 and 20.9.
We request written public comment on
the certification. Comments must be Secretary. [FR Doc. 2016–19564 Filed 8–17–16; 8:45 am]
filed in accordance with the same Proposed Rules BILLING CODE 6712–01–P
deadlines as comments filed in response
to the NPRM, and must have a separate For the reasons discussed in the
and distinct heading designating them preamble, the Federal Communications
as responses to the IRFC. The Commission propose to amend 47 CFR
Commission’s Consumer and parts 4, 9, and 20 as follows:
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Document Created: 2016-08-17 23:46:24
Document Modified: 2016-08-17 23:46:24
| 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 October 17, 2016 and reply comments on or before November 16, 2016. | |
| Contact | Wilbert E. Nixon Jr., [email protected], Mobility Division, Wireless Telecommunications Bureau, (202) 418-0985, or TTY (202) 418-7233. | |
| FR Citation | 81 FR 55161 | |
| CFR Citation | 47
CFR
20 47 CFR 4 47 CFR 9 | |
| CFR Associated | Commercial Mobile Services; Mobile Services and Commercial Mobile Radio Services; Disruptions to Communications; Reporting Requirements; Interconnected Voice over Internet Protocol Services and Definitions |
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