82 FR 4269 - 1998 Biennial Regulatory Review-Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 9 (January 13, 2017)
Federal Register Volume 82, Issue 9 (January 13, 2017)
| Page Range | 4269-4275 | |
| FR Document | 2017-00597 |
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)] [Proposed Rules] [Pages 4269-4275] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00597] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [IB Docket No. 98-96; FCC 16-179] 1998 Biennial Regulatory Review--Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) proposes to withdraw as an accounting authority and transition its functions and duties to private accounting authorities. The Commission seeks comment on a transition plan and a timetable to implement an orderly transition to the privatization of the accounts- settlement function. DATES: Comments due on or before March 14, 2017, and reply comments due on or before April 13, 2017. ADDRESSES: You may submit comments, identified by IB Docket 98-96, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418- 0530 or TTY: 202-418-0432. Email: [email protected]. Include IB Docket No. 98-96 in the subject line of the message. Mail: 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 should be addressed to 445 12th Street SW., Washington, DC 20554. 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: Dana Shaffer, Office of Managing Director at (202) 418-0832. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Further Notice of Proposed Rulemaking (Second FNPRM), FCC 16-179, IB Docket No. 98-96, adopted on December 22, 2016, and released on December 30, 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., Room CY-A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission's copy contractor, BCPI, Inc., Portals II, 445 12th Street SW., Room CY- B402, Washington, DC 20554. Customers may contact BCPI, Inc. via their Web site, http://www.bcpi.com, or call 1-800-378-3160. This document is available in alternative formats (computer diskette, large print, audio record, and braille). [[Page 4270]] Persons with disabilities who need documents in these formats may contact the FCC by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432. I. Procedural Matters A. Ex Parte Rules--Permit-But-Disclose 1. The proceeding this Second FNPRM initiates shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules.\1\ Persons making ex parte 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 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. --------------------------------------------------------------------------- \1\ 47 CFR 1.1200 et seq. --------------------------------------------------------------------------- B. Comment Period and Procedures 2. 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). [ssquf] Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. [ssquf] Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. 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. [ssquf] 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. [ssquf] 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. [ssquf] 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). C. Initial Regulatory Flexibility Analysis 3. As required by the Regulatory Flexibility Act of 1980 (RFA),\2\ 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 this Second FNPRM. The IRFA is found near the end of this document. We request written public comment on the analysis. Comments must be filed in accordance with the same deadlines as comments filed in response to this 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. --------------------------------------------------------------------------- \2\ See 5 U.S.C. 603. --------------------------------------------------------------------------- 4. Copies to Private Accounting Authorities and Governmental Users. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the current U.S.-certified private accounting authorities: Mackay Communications, Inc., Astrium Services Business Communications Inc., Seven Seas Communications Inc., Omnet, Inc., KFS World Communications dba GLOBE WIRELESS, GMPCS Personal Communications, Inc., ShipCom, L.L.C. (formerly M M R Radio, L.L.C.), Stratos Mobile Networks Inc., Exxon Communications Company, Vizada, Inc., Raytheon Service Co., Telemar USA LLC, MVS USA Inc., A-N-D Group Plc, Selex ES Ltd, Selex ES Ltd, NSSLGlobal, Airtime Billing Department. D. Initial Paperwork Reduction Analysis 5. This document does not contain a proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA, Pub. L. 104-13). In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). II. Introduction 6. In this Second Further Notice of Proposed Rulemaking (2016 Accounting Authority Second FNPRM), we propose to transition the functions and duties performed by the Commission as an accounting authority to private accounting authorities. In doing so, we seek to revisit findings in the 1999 Report and Order and Further Notice of Proposed Rulemaking (1999 Accounting Authority Order & FNPRM),\3\ which [[Page 4271]] included the Commission's decision that it should withdraw as an accounting authority in the maritime mobile and maritime mobile- satellite radio services.\4\ The Commission tentatively concluded that a three-year transition period following adoption of a Report and Order was appropriate to permit the preparation and implementation of a plan to ensure a smooth, non-disruptive transition to private accounting authorities, and to develop the transition plan.\5\ Although in that Order the Commission concluded that ``the Commission shall cease operating as an accounting authority for settling accounts for maritime mobile, maritime satellite, aircraft,\6\ and handled terminal radio services,'' and that ``a transition period is necessary to allow for an orderly transition to a full privatization of the accounts-settlement function,'' we stopped short of proscribing a transition plan, instead seeking further comment ``on a number of proposals regarding how best to implement this transition.'' \7\ --------------------------------------------------------------------------- \3\ 1998 Biennial Regulatory Review--Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services and Withdrawal of the Commission as an Accounting Authority in the Maritime Mobile and the Maritime Mobile-Satellite Radio Services, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 20703 (1999) (1999 Accounting Authority Order & FNPRM). \4\ Id. \5\ Id. at 20717. \6\ The focus of this FNPRM is the effect on maritime communications, as the Commission has not, for several years, settled aeronautical accounts. It is important to note, however, that our withdrawal as accounting authority of last resort would include a cessation in our settling of accounts for maritime mobile, maritime satellite, aircraft, and handled terminal radio services, as we previously concluded. \7\ Id. --------------------------------------------------------------------------- 7. The completion of a plan based on those comments, however, was subsequently delayed. Thus, no definitive timeline for the transition to implement our decision in the Order to withdraw as accounting authority has been established. 8. We continue to believe that it is in the public interest for the Commission to withdraw as an accounting authority. Given the passage of time, we now, in this 2016 Accounting Authority Second FNPRM, seek further comment on the appropriate transition plan and period to implement our decision in the 1999 Accounting Authority Order & FNPRM to withdraw as an accounting authority in the maritime mobile and maritime mobile-satellite radio services. III. Background 9. International maritime mobile communications are HF or VHF radio communications between a ship and a coast station operated by the telecommunications operator in the country in which the station is located, and international maritime mobile-satellite communications services are conducted by satellite. Payment for the services provided by the telecommunications operators involves interaction with an entity known as an ``accounting authority,'' which settles an account between the telecommunications operator and the customer. In practice, the telecommunications operator, the earth or coast station, sends its bill either to the accounting authority that the customer has designated to act for it or to an ``accounting authority of last resort,'' which, as the name implies, settles accounts for customers that have not designated a particular accounting authority. The function of the accounting authority, also referred to as a ``clearinghouse'' or ``settlement authority,'' involves presenting the bill to the customer, accepting payment from the customer, and remitting the collected funds to the telecommunications operator. 10. Historically, most nations required individual ships to settle their accounts with their telecommunications provider; however, since 1934, the Commission has acted as an accounting authority in the United States, to settle accounts for maritime, aircraft, and hand-held terminal radio services to both private users and other U.S. federal government agencies. Over time, the Commission has reduced its accounting authority or clearinghouse function related to the maritime mobile radio services and the satellite-based services, including aeronautical and hand-held terminals. The primary reason for this reduction is that private accounting authorities provide similar account settlement services for U.S. users. Certification and operation of private accounting authorities are governed under part 3 of our rules, which ensure that qualified applicants are authorized as accounting authorities and that such authorities, once approved, have adequate guidance of the standard of conduct required of them by the Commission. We believe that this process has been working effectively.\8\ Currently, there are twenty-two entities certified as U.S. private accounting authorities.\9\ --------------------------------------------------------------------------- \8\ See Letter from Bruce Henoch, Inmarsat, to Accounting Authority Certification Office, Federal Communications Commission (dated April 20, 2015); Letter from Robert Swanson, Airbus Defense and Space, to Marlene Dortch, Federal Communications Commission (dated January 30, 2015); Letter from Steven Chernoff, Lukas, Nace, Gutierrez, and Sachs, LLP, to Accounting Authority Certification Officer, Federal Communications Commission (April 15, 2015) (providing inventories of accounting authority settlements). \9\ Some of these private accounting authorities may not currently settle accounts for maritime services; however, our certification does not limit any certified U.S. accounting authority to the settlement of accounts for only one class of service. --------------------------------------------------------------------------- 11. When the Commission last considered this matter more than fifteen years ago, it found no public policy reason for the Commission's continued function as an accounting authority,\10\ and concluded in the Report and Order section of the decision, therefore, that the Commission should withdraw as a clearinghouse for the settlement of accounts in the maritime mobile radio, maritime mobile- satellite, and other satellite-based communications services.\11\ The Commission tentatively concluded that it should not designate a new accounting authority of last resort,\12\ and that a three year transition plan was sufficient to ensure a smooth transition.\13\ The Commission sought further comment on these tentative conclusions.\14\ --------------------------------------------------------------------------- \10\ 1999 Accounting Authority Order & FNPRM at 20709. \11\ Id. at 20723. \12\ Id. at 20715. \13\ Id. at 20718. \14\ Id. at 20715, 20723. --------------------------------------------------------------------------- IV. Discussion 12. In the Order portion of the 1999 R&O and FNPRM, the Commission announced its decision to withdraw from the accounting authority function. Additionally, it revised section 3.10(e) to make explicit the authorities' obligations not to discriminate,\15\ grandfathered the accounting authority of EXXON to permit it to continue to settle accounts only for its ships, and provided guidance to allow applicants to amend their pending applications in light of the change to section 3.10(e). In the Second FNPRM, the Commission requested comments on two issues. First, the Commission sought comment on whether to appoint or allow an entity to take over the Commission's function as the accounting authority of last resort, require customers to pre-subscribe to an accounting authority or to designate an accounting authority on every message, or to develop a formula to spread undesignated messages among several private accounting authorities. Second, the Commission tentatively concluded that the appropriate phase-out period was three years following Federal Register publication of a final order, and invited comment. --------------------------------------------------------------------------- \15\ 47 CFR 3.10(e). --------------------------------------------------------------------------- A. Withdrawal by the Commission From the Accounting Authority Function 13. In the 1999 R&O and FNPRM, the Commission decided to withdraw from performing the functions of an accounting authority, and to leave the settlement of accounts to the private [[Page 4272]] accounting authorities subject to part 3 of our rules. Although the Commission never implemented a transition plan, many users of the Commission's services subsequently have transitioned to one of these accounting authorities. We continue to believe that it is in the public interest for the Commission to withdraw as an accounting authority and seek comment on our proposals to do so below. The function of an accounting authority is not necessarily a governmental function, but can be performed equally well by privately owned entities, subject to Commission oversight under our part 3 rules.\16\ Since the Commission last visited this issue, U.S. private accounting authorities have continued to succeed in providing these functions.\17\ We anticipate that our action to step away from the functions of an accounting authority will create further competition for the settlement of maritime and satellite accounts, and may thereby encourage the industry to provide the public with more choices in obtaining settlement of their accounts. --------------------------------------------------------------------------- \16\ The FCC's withdrawal as an accounting authority will in no way change the rules by which we certify and monitor private entities serving as accounting authorities for maritime mobile and maritime satellite services. See 47 CFR 3.1 et seq. \17\ See 1999 R&O and FNPRM, 15 FCC Rcd at 20706-09, paragraphs 7-12; See Letter from Bruce Henoch, Inmarsat, to Accounting Authority Certification Office, Federal Communications Commission (dated April 20, 2015); Letter from Robert Swanson, Airbus Defense and Space, to Marlene Dortch, Federal Communications Commission (dated January 30, 2015); Letter from Steven Chernoff, Lukas, Nace, Gutierrez, and Sachs, LLP, to Accounting Authority Certification Officer, Federal Communications Commission (dated April 15, 2015) (providing inventories of accounting authority settlements). --------------------------------------------------------------------------- 14. Since 1999, the number of users relying on the Commission to provide accounting authority services has decreased,\18\ even as the activity handled by other accounting authorities, in general, appears to have increased in scope. We recognize that an immediate departure of the Commission as an accounting authority will require those U.S. international ship and satellite operators currently handled by the Commission to select an alternative accounting authority. We also believe, unlike in 1999 when we suggested a three-year transition period, that maritime operators are far better prepared to adjust to the departure of the Commission as the accounting authority. First, the Commission possesses the ability to contact current users and thereby their expedite transition. Second, through outreach and coordination with the maritime industry, Commission staff have learned that many of those entities using the Commission's accounting authority services have anticipated the change, and they have initiated a transition process in contracting with other accounting authorities. Consequently, we believe that most maritime mobile satellite users will be able to accommodate this change, and that they will act promptly to select an alternative accounting authority. We therefore, recommend a one year transition period and seek comment on this recommendation. --------------------------------------------------------------------------- \18\ See supra n.5. --------------------------------------------------------------------------- 15. We continue to believe that we should not designate a new accounting authority of last resort, but, rather, customers should designate an accounting authority for each call or should presubscribe for the services of an accounting authority.\19\ We seek further comment on this tentative conclusion. --------------------------------------------------------------------------- \19\ See id. at 20715 (tentatively concluding not to designate a new accounting authority of last resort). --------------------------------------------------------------------------- B. Government Agencies 16. In the 1999 R&O and FNPRM we acknowledged that the Commission at that time acted as the accounting authority for the maritime and satellite communications of a majority of U.S. governmental agencies.\20\ At the time, because we anticipated that Government agency users might have special needs that differ from other users, we requested the agencies to address this issue in their comments.\21\ --------------------------------------------------------------------------- \20\ See 1999 R&O and FNPRM, 15 FCC Rcd at 20709, para. 13. \21\ See 1999 R&O and FNPRM, 15 FCC Rcd at 20709, para. 13. --------------------------------------------------------------------------- 17. In their 1998 comments, the United States Coast Guard urged the Commission to maintain a default accounting authority, provide ample notice to affected users and small vessel organizations, provide a smooth transition process to a new default accounting authority, and ensure the economic impact on small entities is non-significant.\22\ The National Telecommunications and Information Administration (NTIA), in coordination with the Interdepartment Radio Advisory Committee (which includes the Coast Guard), expressed concern that the Commission's withdrawal might lead to disruption or curtailment of communication services to federal users, as well as increased cost to the taxpayer.\23\ They requested that the FCC retain its accounting authority, or, in the alternative, noted that most government agencies operate on a three year budget cycle, and asked that the FCC defer termination of its accounting authority responsibility ``until an [sic] alternative billing and payment arrangements ensuring uninterrupted service can be established.\24\ NTIA further urged that the FCC either retain its accounting authority, or designate an authority of last resort that would ``not charge more than the Commission currently charges its accounts until users are notified and given a chance to select their own accounting authority or accept the terms offered.'' \25\ --------------------------------------------------------------------------- \22\ Letter from J.D. Hersey, Jr., Chief, Spectrum Management Division, to Magalie Roman Salas, FCC Secretary, August 21, 1998. \23\ See Comments of the National Telecommunications and Information Administration, filed August 24, 1998, at page 2. \24\ Id. \25\ Letter from William T. Hatch, Acting Associate Administrator, National Telecommunications and Information Administration, to Magalie Roman Salas, FCC Secretary, October 29, 1998. --------------------------------------------------------------------------- 18. We agree that, as part of an effective plan for the Commission to withdraw as an accounting authority, U.S. Government agencies must have in place alternate arrangements upon the Commission's withdrawal to ensure that critical communications are not disrupted. In the more than fifteen years, since our 1999 decision, Commission staff have contacted the various government agencies informing them of the Commission's intent to terminate its accounting authority; as a result, many of these various agencies, have moved to alternative accounting authorities for some or all of their services.\26\ In light of this trend, and the more than fifteen years impacted entities have had to transition to a new accounting authority, we seek comment on the appropriate time period to complete the Commission's transition from serving as accounting authority for government agencies. Movement of government agencies anticipating our change in function suggests that a transition period shorter than the three-year period previously proposed is appropriate to accommodate these particular changes, including anticipated government budget planning changes. We propose that the transition period for government and non-government entities be the same. We seek comment on whether one year suffices for government agencies to transition to an alternative accounting authority. Alternatively, we invite comment on whether this period should be longer or shorter. --------------------------------------------------------------------------- \26\ Commission staff have confirmed the removal of many of the terminals once billed to these agencies from the FCC as the accounting authority. --------------------------------------------------------------------------- C. Accounting Authority of Last Resort 19. The Commission historically has served as the ``accounting authority of last resort'' for the United States, which resulted in the Commission receiving from foreign telecommunications [[Page 4273]] operators all accounts for which the customer did not designate a specific accounting authority.\27\ In 1999, we tentatively concluded that we should not designate a new accounting authority of last resort.\28\ Instead, we found that customers should designate an accounting authority for each call or should presubscribe for the services of an accounting authority.\29\ We noted, however, that in order to prevent a deleterious effect on safety communications, the Commission must take care to ensure a seamless transition to new accounting authorities.\30\ --------------------------------------------------------------------------- \27\ See 1999 R&O and FNPRM, 15 FCC Rcd at 20715, paragraph 25. \28\ Id. at para. 26. \29\ Id. \30\ Id. at para. 27 (citing Coast Guard Comments at 1). --------------------------------------------------------------------------- 20. We continue to believe that, although the functions of an accounting authority of last resort may still be necessary to address infrequent situations where an authority is or cannot be designated due to circumstances beyond the control of the user, it remains the basic responsibility of the user, whether a private or governmental entity, to provide for an accounting authority to handle its calls. However, as we withdraw as an accounting authority, we tentatively conclude, based on the commenters' urging us, in 1998, to either retain our accounting authority or ensure an alternative is in place before withdrawing,\31\ that it will be necessary to have an alternative arrangement in place that will eliminate the possibility of messages being sent without having an accounting authority necessary to settle accounts. We seek comment on possible approaches to ensure an alternative is in place: (1) Requiring all customers to pre-subscribe to an accounting authority or to designate an accounting authority on every message; (2) developing a formula to spread undesignated messages among several private accounting authorities; and/or (3) appointing through comparative selection one of the private accounting authorities as the new authority of last resort. --------------------------------------------------------------------------- \31\ Letter from J.D. Hersey, Jr., Chief, Spectrum Management Division, to Magalie Roman Salas, FCC Secretary, August 21, 1998. See, also Comments of the National Telecommunications and Information Administration, filed August 24, 1998, at page 2 and Letter from William T. Hatch, Acting Associate Administrator, National Telecommunications and Information Administration, to Magalie Roman Salas, FCC Secretary, October 29, 1998. --------------------------------------------------------------------------- Table 1--Government Agencies Who Use the Commission as an Accounting Authority Defense Information Systems Agency Department of Agriculture Department of Air Force Department of the Army Department of Commerce Department of Defense--Office of Secretary of Defense Department of Energy Department of Health and Human Services Department of Homeland Security--United States Coast Guard Department of Justice Department of Justice--Federal Bureau of Investigation Department of Justice--U.S. Drug Enforcement Administration Department of the Interior Department of the Navy Department of State Department of Transportation Department of Treasury Department of Veteran Affairs Federal Aviation Administration Federal Emergency Management Agency National Aeronautics and Space Administration National Science Foundation On-Site Inspection Agency U.S. Environmental Protection Agency U.S. General Services Administration United States Information Agency U.S. Postal Service 21. Given the reduction of reliance on the FCC as an accounting authority and the resulting lower volume of customers \32\ who will be affected when we withdraw as accounting authority (see Table 1 above), we tentatively conclude that the best alternative is the first option noted above, to require all customers to pre-subscribe to an accounting authority or to designate an accounting authority on every message. We seek comment on this tentative conclusion as well as the merits of each of the three proposals. For example, is it technically feasible, for U.S. maritime and satellite radio traffic for which no accounting authority is designated and for which the customer is not able or willing to designate an accounting authority on every message, to allow the provider to bill for such traffic through a certified accounting authority of its choice? Is this feasible for a ship-to-shore radiotelephone call made through a foreign coast station? In the alternative, is it feasible to allow public coast stations to designate their own ``default'' accounting authority in order to send bills to mariners who have not chosen/designated a private accounting authority? \33\ Is there a need for the Commission to adopt additional qualifying criteria for an existing accounting authority to serve as a designated accounting authority of last resort? If so, what should the additional criteria be? We also seek comment on any potential enforcement or authority issues that may arise from each of the proposed alternatives for providing an accounting authority of last resort. We also request that commenting parties propose any other viable alternatives that help ensure a smooth transition while relieving the Commission from performing this function. --------------------------------------------------------------------------- \32\ We note that, for 2016, traffic billed by the FCC as accounting authority to private and/or third parties is exclusively satellite traffic, and ask commenters to address whether that fact, coupled with the potential to allow providers to choose a U.S. accounting authority to bill traffic for which no accounting authority has been designated by the customer, mitigates any concerns regarding a potential gap in service once the FCC withdraws as accounting authority of last resort. \33\ There are few users of maritime public coast stations now due to the closure worldwide of public coast stations; however, ensuring the safety of such users is important. We, therefore, seek comment on what different approaches may be necessary for radio communications via a foreign public coast station versus satellite communications via a mobile satellite communications provider. --------------------------------------------------------------------------- 22. We note that withdrawal of the Commission as an accounting authority without an effective transition plan could leave a gap for some U.S. maritime and satellite radio traffic for which no accounting authority is designated. Thus, during any transition period and subsequently, we intend to conduct outreach to make users aware of our decision and their options for ensuring that they continue to receive the services of an accounting authority. 23. In any event, we believe that an accounting authority, whether selected by the ship, the provider, or a competent default accounting authority, must be in place for distress and safety telecommunications on board ships, particularly when a maritime mobile satellite system is being used. We therefore seek comment on whether, if we decline to designate an accounting authority, we should designate an accounting authority of last resort specifically for Global Maritime Distress and Safety System (GMDSS) mobile satellite communications.\34\ Although maritime distress and certain safety communications are provided at no charge, other types of safety communications do incur a charge. If neither the designated nor a competent default accounting authority exists, then foreign earth stations may have no way to bill the U.S. satellite user. As a result, the user may, through no fault of its [[Page 4274]] own, find that its ship earth station has been barred for non-payment of bills. We understand that, although a ship mobile device has been ``barred'' from the network provider (e.g., foreign earth station), a ship can still initiate a ship-to-shore distress alert. In such a situation, however, it could not communicate further with the Coast Guard, even if those further communications are safety related. A ship on the high seas that has been barred from such communications may be a danger to itself and others, as well as a potential problem for the Coast Guard. We agree with commenters that any change in accounting authorities must ensure that critical communications are not disrupted. First, during any transition period that we adopt, we will notify users of GMDSS mobile satellite communications of our decision to withdraw as an accounting authority and of their need to select a new accounting authority. Moreover, we seek comment, not only on designation of an accounting authority of last resort for all users, including GMDSS mobile satellite and GMDSS maritime mobile communications, but also on whether there are other options to ensure that the Commission's withdrawal as accounting authority would not cause ship stations to become barred because they were unaware that they need to choose a new accounting authority. --------------------------------------------------------------------------- \34\ INMARSAT continues to be the only worldwide maritime mobile satellite system providing these safety communications. INMARSAT will commission a new ship terminal intended to carry distress and safety communications only if the application designates an accounting authority. --------------------------------------------------------------------------- 24. We also invite comment whether advancements in technology and the business community could reduce the burdens associated with our proposal to withdraw as accounting authority of last resort. Technological changes may mitigate concerns that stem from the fact that the Commission's service as the accounting authority of last resort has made it unnecessary for users to be aware that they may select a private accounting authority. We can promptly notify users which relied on the Commission as accounting authority of last resort for the need to select an alternative accounting authority. In doing so, we seek comment on notifying users from the past seven years. Alternatively, should we make the period of users which relied on the Commission as carrier of last resort shorter or longer? In addition, the Commission could review on a periodic basis the plan it adopts to ensure that the need for accounting authority services is being met, including distress and safety communications on board ships, and determine whether further modifications are appropriate. Initial Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act (RFA),\35\ the Commission prepared this Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in this Second Further Notice of Proposed Rulemaking (Second FNPRM). Written comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadline for comments on this Second FNPRM. The Commission will send a copy of this Second FNPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA).\36\ In addition, this Second FNPRM and IRFA (or summaries thereof) will be published in the Federal Register.\37\ --------------------------------------------------------------------------- \35\ 5 U.S.C. 603. The RFA, 5 U.S.C. 601-612 has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847 (1996). \36\ 5 U.S.C. 603(a). \37\ Id. --------------------------------------------------------------------------- A. Need for and Objectives of, the Notice 2. In this Second Further Notice of Proposed Rulemaking (Second FNPRM), we propose to transition the functions and duties performed by the Commission as an accounting authority to private accounting authorities. In doing so, we seek to revisit findings in the 1999 Report and Order and Further Notice of Proposed Rulemaking (1999 Accounting Authority Order & FNPRM),\38\ which included the Commission's decision that it should withdraw as an accounting authority in the maritime mobile and maritime mobile-satellite radio services. The Commission tentatively concluded that a three-year transition period following adoption of a Report and Order was appropriate to permit the preparation and implementation of a plan to ensure a smooth, non-disruptive transition to private accounting authorities, and to develop the transition plan.\39\ The completion of the plan was subsequently delayed and until now, the proceeding has been inactive. --------------------------------------------------------------------------- \38\ 1998 Biennial Regulatory Review--Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services and Withdrawal of the Commission as an Accounting Authority in the Maritime Mobile and the Maritime Mobile-Satellite Radio Services, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 20703 (1999) (1999 R&O and FNPRM). The Commission as part of its Further Notice of Proposed Rulemaking sought comments to be filed by comments August 23, 1999, and replies by September 8, 1999. \39\ 1998 Biennial Regulatory Review--Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services and Withdrawal of the Commission as an Accounting Authority in the Maritime Mobile and the Maritime Mobile-Satellite Radio Services, Order, 14 FCC Rcd 13504 (1999). The order extended the deadline for filing comments to October 25, 1999 and reply comments to November 29, 1999. The extension of time was made to allow for a fuller record. --------------------------------------------------------------------------- 3. In this 2016 Accounting Authority Second FNPRM, we now seek comment on whether the findings in the 1999 Accounting Authority Order & FNPRM remain in the public interest. As such, we seek input on whether the Commission should withdraw as an accounting authority in the maritime mobile and maritime mobile-satellite radio services. In doing so, we seek information on whether interested parties continue to support the Commission's 1999 decision and if not, why that decision should be revisited or amended. B. Legal Basis 4. This Second Further Notice of Proposed Rulemaking is adopted pursuant to Sections 1, 4(i), 4(j), 11, 201-205, 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 161, 201-205, and 303(r). C. Description and Estimate of the Number of Small Entities To Which the Rules Will Apply 5. The RFA directs agencies to provide a description of, and where feasible, an estimate of the number of small entities that may be affected by the proposed rules and policies, if adopted.\40\ The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' \41\ In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act.\42\ A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA.\43\ --------------------------------------------------------------------------- \40\ 5 U.S.C. 603(b)(3). \41\ 5 U.S.C. 601(6). \42\ 5 U.S.C. 601(3) (incorporating by reference the definition of ``small-business concern'' in the Small Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies ``unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register.'' \43\ 15 U.S.C. 632. --------------------------------------------------------------------------- 6. The rules proposed in this Second Notice of Proposed Rulemaking apply to entities providing account-settlement services for maritime mobile and maritime mobile-satellite radio services. [[Page 4275]] Small businesses may be able to become accounting clearinghouses, as the establishment of such a function does not appear to involve high implementation costs. The rules also apply to existing maritime mobile and maritime satellite customers who have not presubscribed to a U.S. accounting authority and are, therefore, billed through the FCC as the accounting authority of last resort. An estimated thirty small entities have been billed for traffic by the FCC as an accounting authority in 2016. The proposed action in this Second Notice of Proposed Rulemaking does not appear to involve high implementation costs for such entities. D. Reporting, Recordkeeping, and Other Compliance Requirements 7. The proposed action in this Second Further Notice of Proposed Rulemaking would affect those entities already certified and those applying for certification as a private accounting authority in the maritime mobile, maritime mobile-satellite, aeronautical and other satellite-based radio services. The amended rule, however, merely clarifies an existing requirement imposed on accounting authorities. It, therefore, does not alter the reporting, recordkeeping or other compliance requirements of certified accounting authorities. E. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 8. As stated above, we propose to transition the functions and duties performed by the Commission as an accounting authority to private accounting authorities. In doing so, we seek to revisit findings in 1999 Accounting Authority Order & FNPRM),\44\ which included the Commission's decision that it should withdraw as an accounting authority in the maritime mobile and maritime mobile- satellite radio services. We seek comment on the impact of our proposals on small entities and on any possible alternatives that could minimize the impact of our rules on small entities. --------------------------------------------------------------------------- \44\ 1998 Biennial Regulatory Review--Review of Accounts Settlement in the Maritime Mobile and Maritime Mobile-Satellite Radio Services and Withdrawal of the Commission as an Accounting Authority in the Maritime Mobile and the Maritime Mobile-Satellite Radio Services, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 20703 (1999) (1999 R&O and FNPRM). The Commission as part of its Further Notice of Proposed Rulemaking sought comments to be filed by comments August 23, 1999, and replies by September 8, 1999. --------------------------------------------------------------------------- F. Federal Rules That Overlap, Duplicate or Conflict With These Proposed Requirements 9. None. V. Ordering Clauses 10. It is ordered that pursuant to sections 4(i), 4(j), 11, 201-205 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 161, 201-205 and 303(r), this Second Further Notice of Proposed Rulemaking is adopted. 11. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2017-00597 Filed 1-12-17; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules 4269
(v) Is there any means by which a disclosed or otherwise made available to (Commission) proposes to withdraw as
member of the public could obtain the public under any other Federal law. an accounting authority and transition
access to the information? Is the (iii) I have a reasonable basis to its functions and duties to private
information of a kind that you would conclude that disclosure of the accounting authorities. The Commission
customarily not release to the public? information is likely to cause substantial seeks comment on a transition plan and
(vi) Has any governmental body made harm to the competitive position of the a timetable to implement an orderly
a determination as to the confidentiality person. transition to the privatization of the
of the information? If so, please attach (iv) I have a reasonable basis to accounts-settlement function.
a copy of the determination. believe that the information is not DATES: Comments due on or before
(vii) For each item or category of readily discoverable through reverse March 14, 2017, and reply comments
information claimed as confidential, engineering. due on or before April 13, 2017.
explain with specificity why release of § 710.39 Electronic filing. ADDRESSES: You may submit comments,
the information is likely to cause (a) EPA will accept information identified by IB Docket 98–96, by any of
substantial harm to your competitive submitted under this subpart only if the following methods:
position. Explain the specific nature of submitted in accordance with this • Federal eRulemaking Portal: http://
those harmful effects, why they should section. All information must be www.regulations.gov. Follow the
be viewed as substantial, and the causal submitted electronically to EPA via instructions for submitting comments.
relationship between disclosure and CDX. Prior to submission to EPA via • Federal Communications
such harmful effects. How could your CDX, Notices of Activity and any Commission’s Web site: http://
competitors make use of this associated information must be www.fcc.gov/cgb/ecfs. Follow the
information to your detriment? generated and completed using the e- instructions for submitting comments.
(viii) Do you assert that the NOA software module. • People with Disabilities: Contact the
information is submitted on a voluntary (b) Obtain instructions for registering FCC to request reasonable
or a mandatory basis? Please explain the in CDX as follows: accommodations (accessible format
reason for your assertion. If you assert (1) Web site. The CDX Registration documents, sign language interpreters,
that the information is voluntarily User Guide is available at https:// CART, etc.) by email: FCC504@fcc.gov
submitted information, please explain www.epa.gov/sites/production/files/ or phone: 202–418–0530 or TTY: 202–
whether the information is the kind that documents/cdx_registration_guide_v0_ 418–0432.
would customarily not be released to 02.pdf. To register in CDX, go to https:// • Email: ecfs@fcc.gov. Include IB
the public. cdx.epa.gov and follow the appropriate Docket No. 98–96 in the subject line of
(ix) Whether you assert the links. the message.
information as voluntary or involuntary, (2) Telephone. Contact the EPA CDX • Mail: Commercial overnight mail
please address why disclosure of the Help Desk at 1–888–890–1995. (other than U.S. Postal Service Express
information would tend to lessen the (3) Email. Email the EPA CDX Help Mail, and Priority Mail, must be sent to
availability to the EPA of similar Desk at HelpDesk@epacdx.net. 9300 East Hampton Drive, Capitol
information in the future. (c) Obtain instructions for using the e- Heights, MD 20743. U.S. Postal Service
(x) If you believe any information to NOA software module as follows: first-class, Express, and Priority mail
be (a) trade secret(s), please so state and (1) Web site. Go to the EPA New should be addressed to 445 12th Street
explain the reason for your belief. Please Chemicals under the Toxic Substances SW., Washington, DC 20554.
attach copies of those pages containing Control Act Web site at https:// For detailed instructions for
such information with brackets around www.epa.gov/reviewing-new-chemicals- submitting comments and additional
the text that you claim to be (a) trade under-toxic-substances-control-act-tsca/ information on the rulemaking process,
secret(s). how-submit-e-pmn and follow the see the SUPPLEMENTARY INFORMATION
(xi) Explain any other issue you deem appropriate links. section of this document.
(2) Telephone. Contact the EPA TSCA FOR FURTHER INFORMATION CONTACT:
relevant.
Hotline at 1–202–554–1404. Dana Shaffer, Office of Managing
(2) Identification of claims. If any of (3) Email. Email the EPA TSCA
the information contained in the Director at (202) 418–0832.
Hotline at TSCA-Hotline@epa.gov.
answers to the questions listed in SUPPLEMENTARY INFORMATION: This is a
[FR Doc. 2016–31923 Filed 1–12–17; 8:45 am]
paragraph (b)(1) of this section is summary of the Commission’s Second
asserted to be confidential, the BILLING CODE 6560–50–P
Further Notice of Proposed Rulemaking
submitter must clearly identify the (Second FNPRM), FCC 16–179, IB
information that is claimed as Docket No. 98–96, adopted on December
confidential by marking the specific FEDERAL COMMUNICATIONS 22, 2016, and released on December 30,
information on each page with a label COMMISSION 2016. The full text of this document is
such as ‘‘confidential business available for inspection and copying
information,’’ ‘‘proprietary,’’ or ‘‘trade 47 CFR Part 1
during normal business hours in the
secret.’’ [IB Docket No. 98–96; FCC 16–179] FCC Reference Center, 445 12th Street
(3) Certification statement for claims. SW., Room CY–A257, Portals II,
In submitting a claim of confidentiality, 1998 Biennial Regulatory Review— Washington, DC 20554, and may also be
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
a person must certify the truth of the Review of Accounts Settlement in the purchased from the Commission’s copy
following four statements concerning all Maritime Mobile and Maritime Mobile- contractor, BCPI, Inc., Portals II, 445
information which is claimed as Satellite Radio Services 12th Street SW., Room CY–B402,
confidential: AGENCY: Federal Communications Washington, DC 20554. Customers may
(i) My company has taken reasonable Commission. contact BCPI, Inc. via their Web site,
measures to protect the confidentiality ACTION: Notice of proposed rulemaking. http://www.bcpi.com, or call 1–800–
of the information. 378–3160. This document is available in
(ii) I have determined that the In this document, the Federal
SUMMARY: alternative formats (computer diskette,
information is not required to be Communications Commission large print, audio record, and braille).
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![4272 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules
accounting authorities subject to part 3 Commission’s accounting authority cycle, and asked that the FCC defer
of our rules. Although the Commission services have anticipated the change, termination of its accounting authority
never implemented a transition plan, and they have initiated a transition responsibility ‘‘until an [sic] alternative
many users of the Commission’s process in contracting with other billing and payment arrangements
services subsequently have transitioned accounting authorities. Consequently, ensuring uninterrupted service can be
to one of these accounting authorities. we believe that most maritime mobile established.24 NTIA further urged that
We continue to believe that it is in the satellite users will be able to the FCC either retain its accounting
public interest for the Commission to accommodate this change, and that they authority, or designate an authority of
withdraw as an accounting authority will act promptly to select an alternative last resort that would ‘‘not charge more
and seek comment on our proposals to accounting authority. We therefore, than the Commission currently charges
do so below. The function of an recommend a one year transition period its accounts until users are notified and
accounting authority is not necessarily a and seek comment on this given a chance to select their own
governmental function, but can be recommendation. accounting authority or accept the terms
performed equally well by privately 15. We continue to believe that we offered.’’ 25
owned entities, subject to Commission should not designate a new accounting 18. We agree that, as part of an
oversight under our part 3 rules.16 Since authority of last resort, but, rather, effective plan for the Commission to
the Commission last visited this issue, customers should designate an withdraw as an accounting authority,
U.S. private accounting authorities have accounting authority for each call or U.S. Government agencies must have in
continued to succeed in providing these should presubscribe for the services of place alternate arrangements upon the
functions.17 We anticipate that our an accounting authority.19 We seek Commission’s withdrawal to ensure that
action to step away from the functions further comment on this tentative critical communications are not
of an accounting authority will create conclusion. disrupted. In the more than fifteen
further competition for the settlement of years, since our 1999 decision,
B. Government Agencies
maritime and satellite accounts, and Commission staff have contacted the
may thereby encourage the industry to 16. In the 1999 R&O and FNPRM we various government agencies informing
provide the public with more choices in acknowledged that the Commission at them of the Commission’s intent to
obtaining settlement of their accounts. that time acted as the accounting terminate its accounting authority; as a
14. Since 1999, the number of users authority for the maritime and satellite result, many of these various agencies,
relying on the Commission to provide communications of a majority of U.S. have moved to alternative accounting
accounting authority services has governmental agencies.20 At the time, authorities for some or all of their
decreased,18 even as the activity because we anticipated that Government services.26 In light of this trend, and the
handled by other accounting authorities, agency users might have special needs more than fifteen years impacted
in general, appears to have increased in that differ from other users, we entities have had to transition to a new
scope. We recognize that an immediate requested the agencies to address this accounting authority, we seek comment
departure of the Commission as an issue in their comments.21 on the appropriate time period to
accounting authority will require those 17. In their 1998 comments, the complete the Commission’s transition
U.S. international ship and satellite United States Coast Guard urged the from serving as accounting authority for
operators currently handled by the Commission to maintain a default government agencies. Movement of
Commission to select an alternative accounting authority, provide ample government agencies anticipating our
accounting authority. We also believe, notice to affected users and small vessel change in function suggests that a
unlike in 1999 when we suggested a organizations, provide a smooth transition period shorter than the three-
three-year transition period, that transition process to a new default year period previously proposed is
maritime operators are far better accounting authority, and ensure the appropriate to accommodate these
prepared to adjust to the departure of economic impact on small entities is particular changes, including
the Commission as the accounting non-significant.22 The National anticipated government budget planning
authority. First, the Commission Telecommunications and Information changes. We propose that the transition
possesses the ability to contact current Administration (NTIA), in coordination period for government and non-
users and thereby their expedite with the Interdepartment Radio government entities be the same. We
transition. Second, through outreach Advisory Committee (which includes seek comment on whether one year
and coordination with the maritime the Coast Guard), expressed concern suffices for government agencies to
that the Commission’s withdrawal
industry, Commission staff have learned transition to an alternative accounting
might lead to disruption or curtailment
that many of those entities using the authority. Alternatively, we invite
of communication services to federal
comment on whether this period should
users, as well as increased cost to the
16 The FCC’s withdrawal as an accounting
be longer or shorter.
authority will in no way change the rules by which taxpayer.23 They requested that the FCC
we certify and monitor private entities serving as retain its accounting authority, or, in the C. Accounting Authority of Last Resort
accounting authorities for maritime mobile and alternative, noted that most government 19. The Commission historically has
maritime satellite services. See 47 CFR 3.1 et seq. agencies operate on a three year budget
17 See 1999 R&O and FNPRM, 15 FCC Rcd at served as the ‘‘accounting authority of
20706–09, paragraphs 7–12; See Letter from Bruce
19 See id. at 20715 (tentatively concluding not to
last resort’’ for the United States, which
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Henoch, Inmarsat, to Accounting Authority resulted in the Commission receiving
Certification Office, Federal Communications designate a new accounting authority of last resort).
Commission (dated April 20, 2015); Letter from 20 See 1999 R&O and FNPRM, 15 FCC Rcd at from foreign telecommunications
Robert Swanson, Airbus Defense and Space, to 20709, para. 13.
21 See 1999 R&O and FNPRM, 15 FCC Rcd at 24 Id.
Marlene Dortch, Federal Communications
Commission (dated January 30, 2015); Letter from 20709, para. 13. 25 Letter from William T. Hatch, Acting Associate
Steven Chernoff, Lukas, Nace, Gutierrez, and Sachs, 22 Letter from J.D. Hersey, Jr., Chief, Spectrum Administrator, National Telecommunications and
LLP, to Accounting Authority Certification Officer, Management Division, to Magalie Roman Salas, Information Administration, to Magalie Roman
Federal Communications Commission (dated April FCC Secretary, August 21, 1998. Salas, FCC Secretary, October 29, 1998.
15, 2015) (providing inventories of accounting 23 See Comments of the National 26 Commission staff have confirmed the removal
authority settlements). Telecommunications and Information of many of the terminals once billed to these
18 See supra n.5. Administration, filed August 24, 1998, at page 2. agencies from the FCC as the accounting authority.
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![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules 4275
Small businesses may be able to become F. Federal Rules That Overlap, Comments may be filed electronically
accounting clearinghouses, as the Duplicate or Conflict With These using the Internet by accessing the
establishment of such a function does Proposed Requirements ECFS: http://fjallfoss.fcc.gov/ecfs2/.
not appear to involve high 9. None. D Paper Filers: Parties who choose to
implementation costs. The rules also file by paper must file an original and
apply to existing maritime mobile and V. Ordering Clauses one copy of each filing. Because more
maritime satellite customers who have 10. It is ordered that pursuant to than one docket number appears in the
not presubscribed to a U.S. accounting sections 4(i), 4(j), 11, 201–205 and caption of this proceeding, filers must
authority and are, therefore, billed 303(r) of the Communications Act of submit two additional copies for each
through the FCC as the accounting 1934, as amended, 47 U.S.C. 154(i), additional docket number.
authority of last resort. An estimated 154(j), 161, 201–205 and 303(r), this • Filings can be sent by hand or
Second Further Notice of Proposed messenger delivery, by commercial
thirty small entities have been billed for
Rulemaking is adopted. overnight courier, or by first-class or
traffic by the FCC as an accounting
11. It is further ordered that the overnight U.S. Postal Service mail. All
authority in 2016. The proposed action
Commission’s Consumer and filings must be addressed to the
in this Second Notice of Proposed Commission’s Secretary, Office of the
Rulemaking does not appear to involve Governmental Affairs Bureau, Reference
Information Center, shall send a copy of Secretary, Federal Communications
high implementation costs for such Commission.
entities. this Second Further Notice of Proposed
Æ All hand-delivered or messenger-
Rulemaking, including the Initial
D. Reporting, Recordkeeping, and Other delivered paper filings for the
Regulatory Flexibility Analysis, to the
Compliance Requirements Commission’s Secretary must be
Chief Counsel for Advocacy of the Small
delivered to FCC Headquarters at 445
Business Administration.
7. The proposed action in this Second 12th St. SW., Room TW–A325,
Further Notice of Proposed Rulemaking Federal Communications Commission. Washington, DC 20554. The filing hours
would affect those entities already Marlene H. Dortch, are 8:00 a.m. to 7:00 p.m. All hand
certified and those applying for Secretary. deliveries must be held together with
certification as a private accounting [FR Doc. 2017–00597 Filed 1–12–17; 8:45 am] rubber bands or fasteners. Any
authority in the maritime mobile, BILLING CODE 6712–01–P
envelopes and boxes must be disposed
maritime mobile-satellite, aeronautical of before entering the building.
and other satellite-based radio services. D Commercial overnight mail (other
The amended rule, however, merely FEDERAL COMMUNICATIONS than U.S. Postal Service Express Mail
clarifies an existing requirement COMMISSION and Priority Mail) must be sent to 9300
imposed on accounting authorities. It, East Hampton Drive, Capitol Heights,
therefore, does not alter the reporting, 47 CFR Part 54 MD 20743.
D U.S. Postal Service first-class,
recordkeeping or other compliance [WC Docket No. 10–90; FCC 16–178]
Express, and Priority mail must be
requirements of certified accounting
Connect America Fund addressed to 445 12th St. SW.,
authorities.
Washington, DC 20554.
E. Steps Taken To Minimize Significant AGENCY: Federal Communications • People with Disabilities: Contact the
Economic Impact on Small Entities and Commission. FCC to request reasonable
Significant Alternatives Considered ACTION: Proposed rule. accommodations (accessible format
documents, sign language interpreters,
8. As stated above, we propose to SUMMARY: In this document, the Federal CART, etc.) by email: FCC504@fcc.gov
transition the functions and duties Communications Commission or phone: (202) 418–0530 or TTY: (202)
performed by the Commission as an (Commission) seeks comment on 418–0432.
accounting authority to private whether to expand the Alternative FOR FURTHER INFORMATION CONTACT:
accounting authorities. In doing so, we Connect America Cost Model (A–CAM) Alexander Minard, Wireline
seek to revisit findings in 1999 budget for rate-of-return carriers to Competition Bureau, (202) 418–7400 or
Accounting Authority Order & provide additional funding with an TTY: (202) 418–0484.
FNPRM),44 which included the associated increase in broadband SUPPLEMENTARY INFORMATION: This is a
Commission’s decision that it should deployment obligations. synopsis of the Commission’s Further
withdraw as an accounting authority in DATES: Comments are due on or before Notice of Proposed Rulemaking
the maritime mobile and maritime February 13, 2017 and reply comments (FNPRM) in WC Docket No. 10–90; FCC
mobile-satellite radio services. We seek are due on or before February 27, 2017. 16–178, adopted on December 19, 2016
comment on the impact of our proposals If you anticipate that you will be and released on December 20, 2016. The
on small entities and on any possible submitting comments, but find it full text of this document is available for
alternatives that could minimize the difficult to do so within the period of public inspection during regular
impact of our rules on small entities. time allowed by this document, you business hours in the FCC Reference
should advise the contact listed below Center, Room CY–A257, 445 12th St.
as soon as possible. SW., Washington, DC 20554 or at the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
44 1998 Biennial Regulatory Review—Review of
Accounts Settlement in the Maritime Mobile and ADDRESSES: You may submit comments, following Internet address: http://
Maritime Mobile-Satellite Radio Services and identified by WC Docket No. 10–90, by
Withdrawal of the Commission as an Accounting
transition.fcc.gov/Daily_Releases/Daily_
Authority in the Maritime Mobile and the Maritime any of the following methods: Business/2016/db1220/FCC-16-
Mobile-Satellite Radio Services, Report and Order • Federal eRulemaking Portal: http:// 178A1.pdf.
and Further Notice of Proposed Rulemaking, 15 www.regulations.gov. Follow the
FCC Rcd 20703 (1999) (1999 R&O and FNPRM). instructions for submitting comments. I. Further Notice of Proposed
The Commission as part of its Further Notice of
• Federal Communications Rulemaking
Proposed Rulemaking sought comments to be filed
by comments August 23, 1999, and replies by Commission’s Web site: http:// 1. In this Further Notice of Proposed
September 8, 1999. fjallfoss.fcc.gov/ecfs2/. Electronic Filers: Rulemaking, the Commission seeks
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Document Created: 2017-01-13 02:45:16
Document Modified: 2017-01-13 02:45:16
| 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 | Notice of proposed rulemaking. | |
| Dates | Comments due on or before March 14, 2017, and reply comments due on or before April 13, 2017. | |
| Contact | Dana Shaffer, Office of Managing Director at (202) 418-0832. | |
| FR Citation | 82 FR 4269 |
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