82 FR 17959 - FCC Seeks Comment on Reform of Rules Governing the Cellular Service and Other Public Mobile Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 71 (April 14, 2017)

In this document, the Federal Communications Commission (Commission) proposes and seeks comment on reforms of its rules governing the 800 MHz Cellular (Cellular) Service and other Public Mobile Services. Specifically, the Commission proposes to eliminate four rules that impose requirements on licensees in these services concerning station inspections, records retention and production, operators at station control points, and the filing of certain employment reports. The Commission believes that the existing requirements may disadvantage the affected licensees, as compared to licensees of other wireless spectrum bands, or may no longer be necessary in today's digital age, or for which the benefits may no longer outweigh the costs and burdens of compliance. The Commission also seeks comment on whether other measures could be taken to give Public Mobile Services licensees more flexibility and administrative relief, and on ways to consolidate and simplify its rules, not only for the Cellular Service, but also other geographically licensed wireless services. In this regard, the Commission considers a possible relocation of rules governing certain flexibly licensed wireless services.

[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Proposed Rules]
[Pages 17959-17964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07549]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 22

[WT Docket No. 12-40; FCC 17-27]


FCC Seeks Comment on Reform of Rules Governing the Cellular 
Service and Other Public Mobile Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) proposes and seeks comment on reforms of its rules 
governing the 800 MHz Cellular (Cellular) Service and other Public 
Mobile Services. Specifically, the Commission proposes to eliminate 
four rules that impose requirements on licensees in these services 
concerning station inspections, records retention and production, 
operators at station control points, and the filing of certain 
employment reports. The Commission believes that the existing 
requirements may disadvantage the affected licensees, as compared to 
licensees of other wireless spectrum bands, or may no longer be 
necessary in today's digital age, or for which the benefits may no 
longer outweigh the costs and burdens of compliance. The Commission 
also

[[Page 17960]]

seeks comment on whether other measures could be taken to give Public 
Mobile Services licensees more flexibility and administrative relief, 
and on ways to consolidate and simplify its rules, not only for the 
Cellular Service, but also other geographically licensed wireless 
services. In this regard, the Commission considers a possible 
relocation of rules governing certain flexibly licensed wireless 
services.

DATES: Submit comments on or before May 15, 2017 and reply comments on 
or before June 13, 2017.

ADDRESSES: Interested parties may submit comments, identified by WT 
Docket No. 12-40, by any of the following methods:
     Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. 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 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: 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: Nina Shafran, Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-2781, TTY (202) 418-7233, 
or [email protected] .

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Second Further Notice of Proposed Rulemaking (Second FNPRM) in WT 
Docket No. 12-40, FCC 17-27, adopted March 23, 2017, and released March 
24, 2017. The full text of the Second FNPRM, including Appendices, is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW., Room CY-A157, 
Washington, DC 20554, or by downloading the text from the Commission's 
Web site at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-27A1.pdf.
    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).

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. All filings related to the Second FNPRM should refer to WT 
Docket No. 12-40. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Parties should only file 
in WT Docket No. 12-40. 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 and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis

I. Introduction and Background

    1. In this Second Further Notice of Proposed Rulemaking in WT 
Docket No. 12-40 (Second FNPRM), the Commission proposes and seeks 
comment on reforms of its rules governing the 800 MHz Cellular 
(Cellular) Service and other public mobile services, as explained in 
detail in the sections below. These reforms would build on those that 
were adopted in the Report and Order in WT Docket No. 12-40, adopted 
November 7, 2014 and released November 10, 2014 (FCC 14-181) (2014 
Report and Order), and on the reforms adopted in the Second Report and 
Order in WT Docket No. 12-40 and the companion Report and Order in WT 
Docket No. 10-112, adopted on March 23, 2017 and released on March 24, 
2017 (FCC 17-27). In making its proposals in this Second FNPRM, the 
Commission draws in part on certain comments submitted in response to 
the Further Notice of Proposed Rulemaking in WT Docket No. 12-40 
(FNPRM), adopted November 7, 2014 and released November 10, 2014 (FCC 
14-181), and on certain comments submitted in response to a public 
notice inviting comment on the Commission's 2016 Biennial Review of 
Telecommunications Regulations, WT Docket Nos. 16-138 et al., released 
November 3, 2016 (FCC 16-149) (2016 Biennial Review Public Notice).\1\
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    \1\ Although the Commission here considers comments that were 
submitted regarding the Part 22 rules in response to the 2016 
Biennial Review Public Notice, such consideration does not otherwise 
impact review of other comments filed in response to the 2016 
Biennial Review Public Notice, including those submitted by 
commenters regarding other rule provisions.
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    2. Specifically, commenters identify as ripe for elimination 47 CFR 
22.301, 22.303, and 22.325, which provide for retention and inspection 
of certain paper records at each station's control point, and on-duty 
personnel at control points responsible for station operation. Verizon 
also highlights 47 CFR 22.321(c), requiring the filing of annual Equal 
Employment Opportunity (EEO) complaint reports with the Commission. 
Each of these rules was adopted more than twenty years ago, when the 
Commission revised Part 22 in its entirety with the goal of making the 
rules better organized and easier to understand and use. As discussed 
below, the Commission now proposes to eliminate these four rules and 
invites comment on the effects of doing so, including the potential 
impact of

[[Page 17961]]

repealing these rules not just for Cellular licensees, but for all Part 
22 licensees--i.e., Paging, Air-Ground, Rural Radiotelephone, and 
Offshore Radiotelephone licensees.
    3. More generally, in this Second FNPRM, the Commission seeks 
comment on any other measures that could help ensure flexibility and 
consistency in licensing across wireless spectrum bands, while taking 
into account the unique features of each service. In addition, the 
Commission seeks comment on possibly relocating certain of its rules, 
including the Part 22 Cellular Service and Part 24 broadband Personal 
Communications Services (PCS) rules, to Part 27. In addition to 
enhancing licensees' flexibility and promoting consistent treatment 
across wireless spectrum bands, the Commission's goals include 
eliminating unnecessary regulatory burdens on licensees, allowing them 
to use their resources more efficiently to provide services to 
consumers.

II. Proposed Rule Revisions and Other Possible Reforms

A. 47 CFR 22.301, 22.303--Station Inspection, Retention of Station 
Authorizations
    4. Section 22.301 of the Commission's rules, 47 CFR 22.301, 
requires that, ``[u]pon reasonable request, the licensee of any station 
authorized in the Public Mobile Services must make the station and 
station records available for inspection by authorized representatives 
of the Commission at any reasonable hour.'' Section 22.303 of the 
Commission's rules (47 CFR 22.303) more broadly requires Part 22 
licensees to retain, among other documentation, the authorization for 
each station as a permanent part of station records. Specifically, 
section 22.303 states that:

    ``The current authorization for each station, together with 
current administrative and technical information concerning 
modifications to facilities pursuant to Sec.  1.929 of this chapter, 
and added facilities pursuant to Sec.  22.165 must be retained as a 
permanent part of the station records. A clearly legible photocopy 
of the authorization must be available at each regularly attended 
control point of the station, or in lieu of this photocopy, 
licensees may instead make available at each regularly attended 
control point the address or location where the licensee's current 
authorization and other records may be found.''

    No similar rules exist for commercial licensees governed by Part 24 
of the Commission's rules, nor for licensees governed by the Part 27 
rules. In its comments in response to the FNPRM, Verizon argues that 
Cellular licensees should not be required to retain and post 
information about license authorizations, calling this requirement 
``burdensome, outdated and unnecessary.'' Verizon notes that, because 
the Commission does not send copies of licenses when minor 
modifications are granted, licensees ``have to periodically take 
inventory of their licenses and print copies of licenses once 
applications are granted to ensure they have the current license in the 
file.'' It argues that this administrative burden is unjustified given 
that the Commission's Wireless Telecommunications Bureau now maintains 
official authorizations in its Universal Licensing System (ULS). CTIA 
echoes these concerns, and more broadly supports elimination of rules 
that ``inhibit Cellular licensees from benefitting from the same level 
of flexibility as is available in other CMRS spectrum bands.'' In 
comments filed in response to the 2016 Biennial Review Public Notice, 
CTIA and T-Mobile reiterate arguments for eliminating sections 22.301 
and 22.303. CTIA again stresses that there is no justification for 
asymmetry across different wireless services, particularly when 
electronic licensing renders these requirements unnecessary.
    5. Both sections 22.301 and 22.303, 47 CFR 22.301 and 22.303, 
collectively require hard copies of license authorizations and other 
records to be maintained for each station and made available for 
inspection upon request. The Commission proposes to eliminate each of 
these provisions in their entirety from the rules and seeks comment on 
this proposal. As mentioned above, no similar rules exist for Part 24 
or Part 27 licensees, and the Commission questions whether the benefit 
of maintaining hard copies outweighs the costs and burdens to Part 22 
licensees in the age of electronic licensing and recordkeeping. When 
these rules were adopted in 1994, maintaining hard copies in files for 
inspection at a station control point may have made sense. But today, 
the justification for continuing to require this paperwork burden seems 
to have significantly diminished if not disappeared entirely, 
particularly given that license authorizations are maintained in ULS. 
The Commission seeks comment on these assumptions. Is there any reason 
that warrants licensees continuing to maintain hard copies of records 
at each station's control point? Are there any other relevant records 
that are maintained at a station's control point but are not readily 
available electronically? In response to the 2016 Biennial Review 
Public Notice, Public Knowledge has suggested that, even if sections 
22.301 and 22.303 are eliminated, the Commission should nonetheless 
affirmatively require Part 22 licensees ``to have electronic copies [of 
licenses] easily accessible to personnel and FCC inspectors.'' The 
Commission seeks comment on Public Knowledge's suggestion and whether 
such a requirement would be necessary.
    6. Section 22.301 requires that the station itself, not just the 
station's records, be available for inspection by the Commission. There 
is no corollary requirement in Parts 24 or 27. The Commission 
emphasizes that, regardless of whether it retains a rule in Part 22 
explicitly requiring licensees to make their stations available for 
inspection, it retains general station inspection authority under 
section 303(n) of the Communications Act of 1934, as amended. 
Similarly, section 22.303 of the Commission's rules requires 
``administrative and technical information concerning modifications to 
facilities . . . and added facilities'' to be retained in the stations' 
records. Is there a need to keep that portion of the rule? Or do 
sections 1.929 and 22.165 of the Commission's rules (47 CFR 1.929 and 
22.165)--which are cross-referenced in 47 CFR 22.303--render the 
reference to such materials in 47 CFR 22.303 unnecessary and 
duplicative? The Commission also seeks comment on whether this type of 
administrative and technical information is maintained by stations 
electronically.
B. 47 CFR 22.325, Control Points
    7. Section 22.325 of the Commission's rules (47 CFR 22.325) 
requires that ``[e]ach station in the Public Mobile Services [ ] have 
at least one control point and a person on duty who is responsible for 
station operation.'' It specifies that ``[t]his section does not 
require that the person on duty be at the control point or continuously 
monitor all transmissions of the station. However, the control point 
must have facilities that enable the person on duty to turn off the 
transmitters in the event of a malfunction.'' CTIA argues that the 
requirement to designate a person who is responsible for the station 
and who has the ability to shut down service at any time ``is unique to 
Part 22 and should be removed as another example of unnecessary, 
costly, and asymmetrical regulation.''
    8. The Commission proposes to eliminate section 22.325 in its 
entirety from the Commission's rules and invites comment on this 
proposal. As with the rules discussed above, there is no similar rule 
in Part 24 or Part 27 of the Commission's rules related to station 
control points or requiring a person on

[[Page 17962]]

duty who is responsible for station operation. The Commission seeks 
comment on the costs and burdens of having such an employee on duty. Do 
automatic and remote monitoring render this rule unnecessary from a 
technological standpoint? Section 22.325 requires each Part 22 
licensee's station to have at least one control point. Is it necessary 
to retain that part of the rule? Is the control point requirement 
duplicative of other Part 22 rules, or unnecessary given the way 
stations are operated and monitored today? The Commission seeks comment 
on any information relevant to the proposed elimination of this 
requirement from Part 22 of the rules.
C. Section 22.321(c), Equal Employment Opportunity Complaint Report
    9. Section 22.321(c) of the Commission's rules (47 CFR 22.321(c)) 
requires all Part 22 licensees to submit an annual report to the 
Commission indicating whether any Equal Employment Opportunity (EEO) 
complaints have been filed at the federal, state, or local level 
against the licensee. For any such complaint, the report must state the 
parties involved, date of filing, court or agencies reviewing the 
complaint, appropriate file number, and disposition of the complaint. 
As with the other Part 22 rules discussed above in this Second FNPRM, 
there is no similar requirement for Part 24 and Part 27 licensees. 
However, all common carriers must comply with a similar requirement in 
section 1.815 of the Commission's rules (47 CFR 1.815). That section 
requires that ``[e]ach common carrier licensee or permittee with 16 or 
more full time employees [ ] file with the Commission . . . an annual 
employment report'' on FCC Form 395. Form 395 requires carriers to 
check a box if EEO complaints have been filed, and to attach to Form 
395 the same information about the complaints that is required under 
section 22.321(c). In comments filed in response to the 2016 Biennial 
Review Public Notice, Verizon asks the Commission to repeal section 
22.321(c), arguing that other regulated entities required to file Form 
395 do not have to file a separate ``charge report'' akin to that 
required under section 22.321(c).
    10. The Commission proposes to eliminate section 22.321(c) from the 
Commission's rules. For all practical purposes, this rule appears 
duplicative of the requirement to complete FCC Form 395 under section 
1.815--a rule that applies broadly to all common carriers, including 
licensees subject to Part 22 of the rules. The Commission seeks comment 
on this proposal, and on whether there is any need to retain a separate 
requirement related to reporting of EEO complaints for Part 22 
licensees in addition to what is already required of common carriers on 
FCC Form 395 pursuant to section 1.815.
D. Other Measures To Increase Flexibility for Cellular Licensees
    11. In addition to the proposed rule eliminations discussed above, 
the Commission invites comment more broadly on other steps or measures 
it could take to ensure that Cellular licensees benefit from the same 
level of flexibility available to other commercial wireless licensees. 
Are there other rules that commenters deem unnecessary that apply to 
Part 22 licensees but not to the flexibly licensed services under Part 
24 or Part 27? Are there other Part 22 rules ripe for removal in light 
of changed technology, electronic licensing and recordkeeping, or other 
modernizations that have occurred over the past two decades? The 
Commission invites comment on anything else that could aid its efforts 
to bring Cellular licensing more in line with the flexible licensing 
approach used for other CMRS.
E. Possible Relocation of Rules to Part 27
    12. The Commission seeks comment on whether its goal of providing, 
to the extent possible, the same flexibility in licensing across 
competing commercial wireless bands would be furthered by migrating the 
Part 22 Cellular Service and Part 24 PCS rules to Part 27. The 
Commission sought comment on this issue in a Notice of Proposed 
Rulemaking in WT Docket No. 12-40, adopted and released on February 15, 
2012 (FCC 12-20) (2012 NPRM). The Commission now seeks to revisit the 
issue and refresh the record on the potential benefits and costs of 
such relocation in light of the rule changes made thus far in this 
proceeding.
    13. In the 2012 NPRM, the Commission's proposal to bring the 
Cellular licensing rules more in line with the flexible rules that 
govern competing wireless services entailed issuing geographic-area 
(CMA-based) ``overlay licenses'' through competitive bidding in two 
stages. In connection with the overlay licensing proposal, the 
Commission invited comment regarding placement of the revised Cellular 
rules that might ultimately be adopted. Specifically, the Commission 
queried whether, in the event that it were to adopt a geographic-based 
regime that would include overlay licenses, the new Cellular rules 
should be incorporated into Part 27, which contains the rules for 
certain other flexibly licensed wireless services. The Commission also 
suggested that, if those Cellular Service rules were to be moved into 
Part 27, then the rules for PCS, which is also a flexibly licensed 
wireless service, should be moved from Part 24 into Part 27. It asked 
as well whether the Commission should initiate a separate rulemaking to 
revise the Part 27 rules and reserve the possible relocation of 
Cellular and PCS rules to that separate proceeding.
    14. In response to the 2012 NPRM, the Rural Wireless Association, 
Inc. (RWA) objected to relocating any Part 22 rules to Part 27 at that 
time; it also contended that any consideration of relocating the Part 
24 PCS rules was beyond the scope of that proceeding and should be 
addressed, if at all, in a separate rulemaking proceeding. No other 
commenter addressed this issue in response to the 2012 NPRM.
    15. As noted in the 2014 Report and Order, commenters generally 
opposed the Commission's overlay licensing proposal. Based on the 
record, which included a subsequent proposal by an industry coalition 
to retain key elements of the site-based Cellular licensing model, the 
Commission adopted a geographic-based transition approach that 
preserves direct site-based access to Unserved Area while dramatically 
reducing licensees' regulatory burdens. In that context, and given the 
absence of express support in the record, the Commission decided not to 
relocate the Part 22, Subpart H Cellular Service rules to Part 27. 
Moreover, as the Commission's suggestion to relocate the Part 24 PCS 
rules was contingent on relocating the Part 22 Cellular rules, the 
Commission declined to pursue relocation of the PCS rules.
    16. With adoption of revised and modernized Cellular rules thus far 
in WT Docket Nos. 12-40 and 10-112, greatly enhancing licensees' 
flexibility within their licensed geographic boundaries and eliminating 
numerous regulatory restrictions, the Commission believes it is timely 
to revisit the issue of relocating the Cellular-specific rules of Part 
22, Subpart H, to Part 27. In addition, the Commission considers it 
timely to ask anew whether a new rulemaking should be initiated to 
revise the Part 27 rules and reserve the possible relocation of 
Cellular rules to that separate proceeding. The Commission's queries 
are explained further below.
    17. The rules in Part 22 applicable to the Cellular Service include 
general rules on definitions, licensing, and technical matters that are 
applicable to all Part 22 services (Subparts A, B, and C), as well as 
the Cellular-specific rules

[[Page 17963]]

in Subpart H. Some of the applicable rules correspond to similar rules 
in Part 27, while others reflect unique characteristics of Part 22 
(including Cellular) licensees and have no corresponding rules in Part 
27. For example, the revised Cellular licensing scheme is now largely 
geographically based but nonetheless includes site-based rules allowing 
carriers to continue to expand into Unserved Area, which exists 
primarily in rural areas in the western United States and Alaska. The 
particular rules governing the Cellular Service, including the revised 
licensing scheme addressed in Part 22's Subpart H, would need to be 
retained as separate provisions if all the Part 22 rules were migrated 
to Part 27. Would such relocation promote similar regulatory treatment 
for geographically licensed services and improve clarity for licensees? 
Or would such relocations--e.g., moving the Cellular build-out 
requirements into section 27.14, and the Cellular radiated power rules 
(as revised today) into section 27.50--result in less clarity for 
licensees? Further, if those Cellular Service rules are to be moved 
into Part 27, should the Commission also consider moving the rules for 
PCS from Part 24 into Part 27?
    18. Commenters should also address whether the Commission should 
reorganize Part 27 in order to accommodate these additional Part 22 and 
Part 24 rules more efficiently. There are other geographically-
licensed, auctioned services that are not included in Part 27, 
including Public Coast (Part 80), Specialized Mobile Radio (SMR), 
Location and Monitoring, and 220 MHz (Part 90), and 218-219 MHz (Part 
95). Of these, only SMR is used today by wireless carriers to provide 
services directly to consumers nationwide. Should the Commission move 
the Part 22 Cellular and Part 24 PCS rules to Part 27 in conjunction 
with moving those other service rules to Part 27 as well?
    19. The Commission seeks comment on all aspects of these possible 
approaches to relocation of the rules, including the optimal timing for 
them, and invites alternative ideas. It also seeks comment on the 
potential economic costs and benefits of the various possible 
approaches to rule placement.

III. Procedural Matters

A. Paperwork Reduction Act Analysis
    20. The Second FNPRM seeks comment on potential revised information 
collection requirements. If the Commission adopts revised information 
collection requirements, the Commission will publish a notice in the 
Federal Register inviting the public to comment on the requirements, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 
U.S.C. 3501-3520). In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the Commission seeks specific comment on how it might 
further reduce the information collection burden for small business 
concerns with fewer than 25 employees.
B. Initial Regulatory Flexibility Analysis
    21. As required by the Regulatory Flexibility Act of 1980 (RFA), 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in the Second FNPRM. The analysis is 
found in Appendix E in the full text of the Second FNPRM. The 
Commission requests written public comment on the analysis. Comments 
must be filed in accordance with the same deadlines as comments filed 
in response to the Second FNPRM, and must have a separate and distinct 
heading designating them as responses to the IRFA. The Commission's 
Consumer and Governmental Affairs Bureau, Reference Information Center, 
will send a copy of this Second FNPRM, including the IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration.
C. Ex Parte Presentations
    22. Permit-But-Disclose. The Commission will continue to treat this 
proceeding 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 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 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 Commission's 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.
    23. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be publically available online via ECFS. 
Documents will generally be available electronically in ASCII, 
Microsoft Word, and/or Adobe Acrobat. 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.
D. Statutory Authority
    24. This Second FNPRM is adopted pursuant to sections 1, 2, 4(i), 
4(j), 7, 301, 303, 307, 308, 309, and 332 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 157, 301, 303, 
307, 308, 309, and 332.

List of Subjects in 47 CFR Part 22

    Communications common carriers, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 22 as follows:

[[Page 17964]]

PART 22--PUBLIC MOBILE SERVICES

0
1. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309 and 332.


Sec.  22.301   [Removed and Reserved].

0
2. Remove and reserve Sec.  22.301.


Sec.  22.303   [Removed and Reserved].

0
3. Remove and reserve Sec.  22.303.
0
4. Section 22.321 is amended by removing paragraph (c), redesignating 
paragraphs (d) through (f) as paragraphs (c) through (e), and by 
revising the subject headings of newly redesignated paragraphs (c) 
through (e) to read as follows:


Sec.  22.321  Equal Employment Opportunities

* * * * *
    (c) Complaints of violations of Equal Employment Programs. * * *
    (d) FCC records. * * *
    (e) Licensee records. * * *


Sec.  22.325  [Removed and Reserved].

0
5. Remove and reserve Sec.  22.325.

[FR Doc. 2017-07549 Filed 4-13-17; 8:45 am]
BILLING CODE 6712-01-P