83 FR 37760 - Cellular Service, Including Changes in Licensing of Unserved Area
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 149 (August 2, 2018)
Federal Register Volume 83, Issue 149 (August 2, 2018)
| Page Range | 37760-37763 | |
| FR Document | 2018-16512 |
[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)] [Rules and Regulations] [Pages 37760-37763] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16512] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 22 [WT Docket Nos. 12-40, 16-138; RM-11510, RM-11660; FCC 18-92] Cellular Service, Including Changes in Licensing of Unserved Area AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) adopts revised rules governing the 800 MHz Cellular Radiotelephone (Cellular) Service and other commercial mobile radio services (CMRS) governed by Part 22 of the Commission's rules. These steps to remove unnecessary regulatory burdens for Cellular Service and other Part 22 licensees will free up more resources for investment in new technologies and greater spectrum efficiency to meet increasing consumer demand for advanced wireless services. Specifically, the Commission modernizes its rules by eliminating several Part 22 recordkeeping and reporting obligations that were adopted more than two decades ago--obligations for which there is no longer a benefit to outweigh the compliance costs and burdens imposed on licensees. It also eliminates certain Cellular Service-specific rules that are no longer necessary. These reforms will provide Cellular Service and other Part 22 licensees with enhanced flexibility and advance the goal of ensuring more consistency in licensing across commercial wireless services, while taking into account unique features of each service. With this document, the Commission terminates the Cellular Reform proceeding in WT Docket No. 12-40, including RM Nos. 11510 and 11660. DATES: Effective September 4, 2018, except for the amendment to 47 CFR 22.303, which contains modified information collection requirements that have not yet been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. The Commission will publish a document in the Federal Register announcing the effective date of that amendment. FOR FURTHER INFORMATION CONTACT: Nina Shafran, (202) 418-2781, in the Mobility Division, Wireless Telecommunications Bureau. She may also be contacted at (202) 418-7233 (TTY). SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third Report and Order in the Cellular Reform proceeding (Cellular Third R&O), WT Docket No. 12-40, RM Nos. 11510 and 11660, FCC 18-92 adopted July 12, 2018 and released July 13, 2018. The full text of the Cellular Third R&O, including all 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 website at https://docs.fcc.gov/public/attachments/FCC-18-92A1.pdf. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to FCC504@fcc.gov or calling the Consumer and Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis I. Background 1. In a Second Report and Order released March 24, 2017, in the Cellular Reform proceeding (Second R&O), the Commission modernized numerous Cellular technical rules, including outdated radiated power and related rules, to permit power measurement using power spectral density. These changes facilitate the use of Cellular spectrum to provide advanced mobile broadband services, such as 4G long term evolution (LTE), while protecting public safety communications from increased potential for unacceptable interference. The Second R&O also revised rules to further eliminate unnecessary filings and other regulatory burdens for Cellular licensees. The Commission's reforms resulted in Cellular Service rules more akin to the flexible licensing schemes found in other similar mobile services, such as the Broadband Personal Communications Service (PCS), the commercial service in the 700 MHz band, the 600 MHz Service, and the Advanced Wireless Services (AWS), to help ensure that carriers are treated similarly regardless of technology choice. 2. To build on the adopted reforms and to respond to certain submissions by commenters in the Commission's 2016 Biennial Review of Telecommunications Regulations proceeding (WT Biennial Review proceeding), the Commission also released a companion Second Further Notice of Proposed Rulemaking (Second Further Notice) in the Cellular Reform proceeding on March 24, 2017. In the Second Further Notice, the Commission proposed and sought comment on additional reforms of its Part 22 rules governing the Cellular Service and other Part 22 Public Mobile Services (PMS). The Commission also invited comment on whether other measures could be taken to allow Part 22 licensees to benefit from the same level of flexibility available to other commercial wireless licensees. In that context, the Commission raised the possibility of relocating--to Part 27 of the Commission's rules-- certain Part 22 rules, as well as the Part 24 PCS rules and other rules governing geographically licensed wireless services. 3. In response to the Second Further Notice, interested parties submitted comments, reply comments, and ex parte letters. The specific reforms adopted by the Commission in the Third R&O are described below. II. Elimination of Unnecessary Rules A. Deletion of 47 CFR 22.301 and 22.303 Concerning Station Inspection, Retention of Station Authorizations 4. Commission Rules 22.301 and 22.303 collectively require that hard copies of license authorizations and other records be maintained by all Part 22 licensees for each station and that such records and the station itself be made available for inspection upon request. The Commission finds that both rules have outlived the usefulness they may have had in the past and now impose administrative burdens without any corresponding public benefit.\1\ Because the Commission no longer routinely mails printed authorizations, licensees cannot comply with the hard-copy requirement unless they themselves print, or request that the Commission's Wireless Telecommunications Bureau print and mail, an authorization every time an application is granted. Such a requirement does not serve the public [[Page 37761]] interest. The Commission's Universal Licensing System (ULS) is available electronically at all times: licensees have access in ULS to their official authorizations, while members of the public have access in ULS to reference copies reflecting the most up-to-date information concerning all authorizations. The movement away from site-specific filings renders on-site comparison of paper records and operating parameters unnecessary and largely infeasible. Moreover, the Commission has not imposed the recordkeeping and station inspection requirements of Rules 22.301 and 22.303 on licensees in competing wireless services governed by Parts 24 and 27 of its rules. For these reasons, the Commission deletes 47 CFR 22.301 and 22.303. --------------------------------------------------------------------------- \1\ The Commission retains in any event its general station inspection authority under the Communications Act of 1934, as amended. See 47 U.S.C. 303(n). --------------------------------------------------------------------------- B. Deletion of 47 CFR 22.325 Concerning Control Points 5. Commission Rule 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.'' The Commission finds that this rule no longer serves the public interest; it is technologically obsolete, as licensees today routinely monitor their network operations by automatic and remote mechanisms. As with Rules 22.301 and 22.303, discussed above, there is no similar provision governing competing CMRS in the Commission's Part 24 or Part 27 rules. Part 22 licensees should have the same flexibility as Part 24 and Part 27 commercial wireless licensees to determine how to manage their networks to ensure compliance with the Commission's rules, including how best to avoid interference. Accordingly, the Commission deletes 47 CFR 22.325. C. Deletion of 47 CFR 22.321 Concerning Equal Employment Opportunity Programs and Reports 6. Commission Rule 22.321 sets forth licensee obligations for equal employment opportunity (EEO) programs and policies to assure nondiscriminatory practices in recruitment, placement, promotion, and other areas of employment practices. Paragraph (c) of the rule requires all Part 22 licensees (i.e., PMS licensees), regardless of their size, to submit an annual report to the Commission indicating whether any EEO complaints have been filed at the federal, state, or local level against the licensee. Commission Rule 90.168, titled Equal Employment Opportunities, contains the same provisions as Rule 22.321. This includes paragraph 90.168(c) which, like 22.321(c), requires that a complaints report be filed annually regardless of the licensee's size. Rule 90.168 states that it applies to all CMRS (which includes the Part 22 PMS), and thus it entirely subsumes Rule 22.321. Given that all CMRS licensees are subject to 47 CFR 90.168, including 90.168(c), 47 CFR 22.321 is duplicative and, accordingly, the Commission deletes 47 CFR 22.321 in its entirety. As to the Part 90 reporting requirement, the Commission did not propose to remove that requirement, nor did any commenters suggest doing so. Part 90 rules are therefore beyond the scope of this proceeding and the Commission declines at this time to eliminate the complaints reporting requirement in 47 CFR 90.168. D. Deletion of 47 CFR 22.927 Concerning Responsibility for Mobile Stations, and 47 CFR 22.3 Concerning Authorization Required 7. Under 47 CFR 22.927, Cellular licensees are ``responsible for exercising effective operational control over mobile stations receiving service through their Cellular systems,'' including mobile stations operated by subscribers to a different Cellular licensee. Pursuant to 47 CFR 1.903(c), the ``[a]uthority for subscribers to operate mobile or fixed stations in the Wireless Radio Services [WRS],'' which includes the Cellular Service, ``is included in the authorization held by the licensee providing service to them.'' Thus, when a WRS licensee, as the host carrier, provides service to a subscriber of another carrier (i.e., a subscriber that is outside its own provider's service area), the subscriber's use of his or her mobile phone to access the spectrum falls under that host carrier's authorization. Rule 1.903(c) thus captures the purpose underlying Rule 22.927, albeit with less detail. While the detailed provision in Rule 22.927 regarding the host carrier's responsibility under its authorization may have been warranted when the Cellular Service was in its nascency, the Commission finds that this additional rule is unnecessary these many decades later. Moreover, the rule creates asymmetry, as the rules for commercial wireless services established much later than the Cellular Service--such as PCS and AWS--do not have a counterpart to 47 CFR 22.927. Consistent with a key goal in this proceeding to eliminate unnecessary asymmetric regulations, the Commission deletes 47 CFR 22.927. 8. The Commission concludes that a related legacy rule that applies to all Part 22 licensees, 47 CFR 22.3, is also no longer necessary. This rule specifies that PMS stations must be used and operated only in accordance with applicable Commission rules and only with a valid authorization granted by the Commission. It further specifies that authority for subscribers to operate mobile or fixed PMS stations is included in the authorization of the licensee providing service to them. The same provisions are included in the later-adopted 47 CFR 1.903, which applies more broadly to numerous wireless services in addition to the PMS. Accordingly, the Commission deletes 47 CFR 22.3 as duplicative. III. Possible Relocation of Rules to Part 27 9. The Commission sought comment in the Second Further Notice on whether to migrate the Part 22 Cellular and Part 24 PCS rules to Part 27, and on possible reorganization of the Part 27 rules, either in this proceeding or by initiating a separate rulemaking. In addition, the Commission noted that 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), and that of these, only SMR is used today by wireless carriers to provide services directly to consumers nationwide. The Commission sought comment on whether it should move the Part 22 Cellular and Part 24 PCS rules to Part 27 in conjunction with moving those other service rule parts to Part 27 as well. 10. Only two commenters addressed the issue, and one of them opposes the idea, highlighting the fact that disparate types of operations found in certain rule parts would make it challenging to consolidate Part 22 Cellular, Part 24 PCS, and other wireless mobile service rules into a single set of regulations. Such an exercise would entail painstaking review of numerous rules to determine those that can be consolidated and those that must be retained for individual services. In the absence of strong support on the record for this endeavor, which would require a significant investment of staff resources to complete, the Commission declines to pursue the issue at this time. IV. Other Regulations Raised by Commenters 11. In response to the Commission's query in the Second Further Notice as to whether any other Part 22 rules are ripe for removal in light of changed technology, electronic licensing/recordkeeping, or other modernizations that have occurred over the past two decades, a few commenters requested deletion of three Part 22 rules. These [[Page 37762]] rules and the Commission's decisions not to delete them at this time are explained below. 12. 47 CFR 22.921--911 Call Processing Procedures. One commenter argued that Rule 22.921, pursuant to which certain Cellular Service mobile telephones that are capable of operating in the analog mode must incorporate a special procedure for processing 911 calls, is now obsolete because, among other reasons, it is unaware of any carrier that still offers analog devices or operates an analog Cellular system. Commission data show that, on the contrary, some carriers are still using analog technology in the Cellular Service band--and Rule 22.921 ensures that 911 calls get through in those circumstances. Accordingly, the Commission concludes that deletion of 47 CFR 22.921 would not serve the public interest and declines to take such action in this proceeding 13. 47 CFR 22.925--Prohibition on Airborne Operation of Cellular Telephones. Two commenters raised issues regarding the use of Cellular Service spectrum for communications to, from, and onboard aircraft and argued that Rule 22.925, which prohibits the operation of Cellular Service telephones aboard ``airplanes, balloons or any other type of aircraft . . . while such aircraft are airborne . . .,'' should be eliminated, or at least modified. The issues raised by the two commenters are being dealt with in a separate Commission proceeding that remains open (WT Docket No. 13-301), and the Commission therefore declines to consider the issues in this Cellular Reform proceeding. 14. 47 CFR 22.143(a)--Commencement of Construction Prior to Grant of Application. Rule 22.143 permits applicants to begin construction of PMS facilities prior to grant of their applications; paragraph (a) of the Rule specifies that such construction may begin ``35 days after the date of the Public Notice listing the application for that facility as acceptable for filing.'' One commenter argues that paragraph (a) of the Rule should be deleted, asserting that comparable provisions do not exist for other wireless services, and that other portions of the Rule put applicants on notice that they assume the risk of constructing prior to grant. The Commission disagrees that the provision should be deleted, noting that the same Public-Notice-plus-35-day period is specified in 47 CFR 90.169 of Commission rules for several other commercial wireless radio services.\2\ In addition, pre-grant construction under Rule 22.143 is subject to several conditions, including, among others, that no petitions to deny or mutually exclusive (competing) applications have been filed. When the Commission reduced the waiting period from the original 60-day and 90-day post- Public Notice periods to the existing Public-Notice-plus-35-days provision, it agreed that applicants should know within that timeframe whether any petition to deny or competing application had been filed, and retained these conditions to disallow construction when it cannot be reasonably certain of being able to grant the application. The Commission has also recognized that construction of PMS facilities entails not only the financial risk to the applicant, but also environmental and other consequences affecting the public, and it would not be in the public interest to allow construction until the Commission is reasonably certain that the facilities can be authorized. In a similar vein, it is in the public interest to minimize the Commission's risk of having to expend taxpayer resources to issue notification to the applicant, pursuant to 47 CFR 22.143(b), to stop construction. For all these reasons, the Commission declines to delete 47 CFR 22.143(a) at this time. --------------------------------------------------------------------------- \2\ The Commission also notes that, for applicants for licenses awarded by competitive bidding, which includes commercial wireless services such as PCS and AWS, the Commission has also established a waiting period, tailored to our competitive bidding process: Pre- grant construction is permitted only upon release of the Public Notice listing the post-auction long-form application for that facility as acceptable for filing (by which time, mutual exclusivity has been eliminated and the Commission is reasonably certain that the application can be granted). See 47 CFR 1.2113. --------------------------------------------------------------------------- V. Procedural Matters 15. Paperwork Reduction Act Analysis. One rule amendment adopted in the Third R&O--specifically, 47 CFR 22.303, contains modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. That rule amendment will be submitted to OMB for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the modified information collection requirements. In addition, the Commission notes that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. The Commission has assessed the effects on small business concerns of the rule changes it is adopting by this Third R&O and finds that businesses with fewer than 25 people will benefit from being subject to fewer recordkeeping, reporting, and compliance burdens. 16. Congressional Review Act. The Commission will send a copy of this Third R&O to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 17. Final Regulatory Flexibility Analysis. The Regulatory Flexibility Act of 1980 (RFA) requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' Accordingly, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA), set forth in Appendix B of the Third R&O, concerning the possible impact of the rule changes. 18. People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202- 418-0432 (tty). VI. Ordering Clauses 19. Accordingly, it is ordered, 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, that this third report and order in WT Docket No. 12-40 is adopted. 20. It is further ordered that the third report and order shall be effective September 4, 2018. 21. It is further ordered that Part 22 of the Commission's rules, 47 CFR part 22, is amended as specified in Appendix A of the third report and order, effective September 4, 2018 except as otherwise provided herein. 22. It is further ordered that the amendment adopted in the third report and order, and specified in Appendix A of the third report and order, to 47 CFR 22.303, which contains new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act, will become effective after the Commission publishes a document in the Federal Register announcing such approval and the relevant effective date. 23. It is further ordered that this Cellular Reform proceeding in WT Docket No. 12-40, including RM Nos. 11510 and 11660, is hereby terminated. [[Page 37763]] 24. It is further ordered, pursuant to Section 801(a)(1)(A) of the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), that the Commission shall send a copy of the third report and order to Congress and to the Government Accountability Office. 25. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the third report and order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 22 Communications common carriers, Reporting and recordkeeping requirements. Federal Communications Commission. Marlene Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 22 as follows: 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. 22.3 [Removed and Reserved] 0 2. Section 22.3 is removed and reserved. Sec. 22.301 [Removed and Reserved] 0 3. Section 22.301 is removed and reserved. Sec. 22.303 [Removed and Reserved] 0 4. Section 22.303 is removed and reserved. Sec. 22.321 [Removed and Reserved] 0 5. Section 22.321 is removed and reserved. Sec. 22.325 [Removed and Reserved] 0 6. Section 22.325 is removed and reserved. Sec. 22.927 [Removed and Reserved] 0 7. Section 22.927 is removed and reserved. [FR Doc. 2018-16512 Filed 8-1-18; 8:45 am] BILLING CODE 6712-01-P
![37760 Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Rules and Regulations
(1) State Relays (SR) monitor or Office of Management and Budget similarly regardless of technology
deliver EAS alerts as required by the (OMB) under the Paperwork Reduction choice.
State EAS Plan. Act. The Commission will publish a 2. To build on the adopted reforms
(2) Local Primary (LP) entities document in the Federal Register and to respond to certain submissions
monitor SPs, SRs, or other sources as set announcing the effective date of that by commenters in the Commission’s
forth in the State EAS Plan. amendment. 2016 Biennial Review of
(3) Participating National (PN) sources Telecommunications Regulations
FOR FURTHER INFORMATION CONTACT:
monitor LPs or other sources as set forth proceeding (WT Biennial Review
in the State EAS Plan. Nina Shafran, (202) 418–2781, in the proceeding), the Commission also
Mobility Division, Wireless released a companion Second Further
* * * * * Telecommunications Bureau. She may
[FR Doc. 2018–15818 Filed 8–1–18; 8:45 am] Notice of Proposed Rulemaking (Second
also be contacted at (202) 418–7233 Further Notice) in the Cellular Reform
BILLING CODE 6712–01–P
(TTY). proceeding on March 24, 2017. In the
SUPPLEMENTARY INFORMATION: This is a Second Further Notice, the Commission
FEDERAL COMMUNICATIONS summary of the Commission’s Third proposed and sought comment on
COMMISSION Report and Order in the Cellular Reform additional reforms of its Part 22 rules
proceeding (Cellular Third R&O), WT governing the Cellular Service and other
47 CFR Part 22 Docket No. 12–40, RM Nos. 11510 and Part 22 Public Mobile Services (PMS).
[WT Docket Nos. 12–40, 16–138; RM–11510, 11660, FCC 18–92 adopted July 12, 2018 The Commission also invited comment
RM–11660; FCC 18–92] and released July 13, 2018. The full text on whether other measures could be
of the Cellular Third R&O, including all taken to allow Part 22 licensees to
Cellular Service, Including Changes in Appendices, is available for inspection benefit from the same level of flexibility
Licensing of Unserved Area and copying during normal business available to other commercial wireless
hours in the FCC Reference Center, 445 licensees. In that context, the
AGENCY: Federal Communications Commission raised the possibility of
Commission. 12th Street SW, Room CY–A157,
Washington, DC 20554, or by relocating—to Part 27 of the
ACTION: Final rule. Commission’s rules—certain Part 22
downloading the text from the
SUMMARY: In this document, the Federal Commission’s website at https:// rules, as well as the Part 24 PCS rules
Communications Commission docs.fcc.gov/public/attachments/FCC- and other rules governing
(Commission) adopts revised rules 18-92A1.pdf. Alternative formats are geographically licensed wireless
governing the 800 MHz Cellular available for people with disabilities services.
(Braille, large print, electronic files, 3. In response to the Second Further
Radiotelephone (Cellular) Service and
audio format), by sending an email to Notice, interested parties submitted
other commercial mobile radio services
FCC504@fcc.gov or calling the comments, reply comments, and ex
(CMRS) governed by Part 22 of the
Consumer and Government Affairs parte letters. The specific reforms
Commission’s rules. These steps to
Bureau at (202) 418–0530 (voice), (202) adopted by the Commission in the Third
remove unnecessary regulatory burdens
418–0432 (TTY). R&O are described below.
for Cellular Service and other Part 22
licensees will free up more resources for Synopsis II. Elimination of Unnecessary Rules
investment in new technologies and A. Deletion of 47 CFR 22.301 and 22.303
greater spectrum efficiency to meet I. Background
Concerning Station Inspection,
increasing consumer demand for 1. In a Second Report and Order Retention of Station Authorizations
advanced wireless services. Specifically, released March 24, 2017, in the Cellular
the Commission modernizes its rules by Reform proceeding (Second R&O), the 4. Commission Rules 22.301 and
eliminating several Part 22 Commission modernized numerous 22.303 collectively require that hard
recordkeeping and reporting obligations Cellular technical rules, including copies of license authorizations and
that were adopted more than two outdated radiated power and related other records be maintained by all Part
decades ago—obligations for which rules, to permit power measurement 22 licensees for each station and that
there is no longer a benefit to outweigh using power spectral density. These such records and the station itself be
the compliance costs and burdens changes facilitate the use of Cellular made available for inspection upon
imposed on licensees. It also eliminates spectrum to provide advanced mobile request. The Commission finds that both
certain Cellular Service-specific rules broadband services, such as 4G long rules have outlived the usefulness they
that are no longer necessary. These term evolution (LTE), while protecting may have had in the past and now
reforms will provide Cellular Service public safety communications from impose administrative burdens without
and other Part 22 licensees with increased potential for unacceptable any corresponding public benefit.1
enhanced flexibility and advance the interference. The Second R&O also Because the Commission no longer
goal of ensuring more consistency in revised rules to further eliminate routinely mails printed authorizations,
licensing across commercial wireless unnecessary filings and other regulatory licensees cannot comply with the hard-
services, while taking into account burdens for Cellular licensees. The copy requirement unless they
unique features of each service. With Commission’s reforms resulted in themselves print, or request that the
this document, the Commission Cellular Service rules more akin to the Commission’s Wireless
terminates the Cellular Reform flexible licensing schemes found in Telecommunications Bureau print and
proceeding in WT Docket No. 12–40, other similar mobile services, such as mail, an authorization every time an
daltland on DSKBBV9HB2PROD with RULES
including RM Nos. 11510 and 11660. the Broadband Personal application is granted. Such a
DATES: Effective September 4, 2018, Communications Service (PCS), the requirement does not serve the public
except for the amendment to 47 CFR commercial service in the 700 MHz 1 The Commission retains in any event its general
22.303, which contains modified band, the 600 MHz Service, and the station inspection authority under the
information collection requirements that Advanced Wireless Services (AWS), to Communications Act of 1934, as amended. See 47
have not yet been approved by the help ensure that carriers are treated U.S.C. 303(n).
VerDate Sep<11>2014 15:51 Aug 01, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\02AUR1.SGM 02AUR1](https://thefederalregister.org/doc/83_FR_37909/page/1.svg)
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interest. The Commission’s Universal complaints report be filed annually applicable Commission rules and only
Licensing System (ULS) is available regardless of the licensee’s size. Rule with a valid authorization granted by
electronically at all times: licensees 90.168 states that it applies to all CMRS the Commission. It further specifies that
have access in ULS to their official (which includes the Part 22 PMS), and authority for subscribers to operate
authorizations, while members of the thus it entirely subsumes Rule 22.321. mobile or fixed PMS stations is
public have access in ULS to reference Given that all CMRS licensees are included in the authorization of the
copies reflecting the most up-to-date subject to 47 CFR 90.168, including licensee providing service to them. The
information concerning all 90.168(c), 47 CFR 22.321 is duplicative same provisions are included in the
authorizations. The movement away and, accordingly, the Commission later-adopted 47 CFR 1.903, which
from site-specific filings renders on-site deletes 47 CFR 22.321 in its entirety. As applies more broadly to numerous
comparison of paper records and to the Part 90 reporting requirement, the wireless services in addition to the
operating parameters unnecessary and Commission did not propose to remove PMS. Accordingly, the Commission
largely infeasible. Moreover, the that requirement, nor did any deletes 47 CFR 22.3 as duplicative.
Commission has not imposed the commenters suggest doing so. Part 90
III. Possible Relocation of Rules to Part
recordkeeping and station inspection rules are therefore beyond the scope of
27
requirements of Rules 22.301 and this proceeding and the Commission
22.303 on licensees in competing declines at this time to eliminate the 9. The Commission sought comment
wireless services governed by Parts 24 complaints reporting requirement in 47 in the Second Further Notice on
and 27 of its rules. For these reasons, CFR 90.168. whether to migrate the Part 22 Cellular
the Commission deletes 47 CFR 22.301 and Part 24 PCS rules to Part 27, and on
D. Deletion of 47 CFR 22.927 possible reorganization of the Part 27
and 22.303.
Concerning Responsibility for Mobile rules, either in this proceeding or by
B. Deletion of 47 CFR 22.325 Concerning Stations, and 47 CFR 22.3 Concerning initiating a separate rulemaking. In
Control Points Authorization Required addition, the Commission noted that
5. Commission Rule 22.325 requires 7. Under 47 CFR 22.927, Cellular there are other geographically-licensed,
that ‘‘[e]ach station in the Public Mobile licensees are ‘‘responsible for exercising auctioned services that are not included
Services [ ] have at least one control effective operational control over mobile in Part 27, including Public Coast (Part
point and a person on duty who is stations receiving service through their 80), Specialized Mobile Radio (SMR),
responsible for station operation.’’ The Cellular systems,’’ including mobile Location and Monitoring, and 220 MHz
Commission finds that this rule no stations operated by subscribers to a (Part 90), and 218–219 MHz (Part 95),
longer serves the public interest; it is different Cellular licensee. Pursuant to and that of these, only SMR is used
technologically obsolete, as licensees 47 CFR 1.903(c), the ‘‘[a]uthority for today by wireless carriers to provide
today routinely monitor their network subscribers to operate mobile or fixed services directly to consumers
operations by automatic and remote stations in the Wireless Radio Services nationwide. The Commission sought
mechanisms. As with Rules 22.301 and [WRS],’’ which includes the Cellular comment on whether it should move the
22.303, discussed above, there is no Service, ‘‘is included in the Part 22 Cellular and Part 24 PCS rules
similar provision governing competing authorization held by the licensee to Part 27 in conjunction with moving
CMRS in the Commission’s Part 24 or providing service to them.’’ Thus, when those other service rule parts to Part 27
Part 27 rules. Part 22 licensees should a WRS licensee, as the host carrier, as well.
have the same flexibility as Part 24 and provides service to a subscriber of 10. Only two commenters addressed
Part 27 commercial wireless licensees to another carrier (i.e., a subscriber that is the issue, and one of them opposes the
determine how to manage their outside its own provider’s service area), idea, highlighting the fact that disparate
networks to ensure compliance with the the subscriber’s use of his or her mobile types of operations found in certain rule
Commission’s rules, including how best phone to access the spectrum falls parts would make it challenging to
to avoid interference. Accordingly, the under that host carrier’s authorization. consolidate Part 22 Cellular, Part 24
Commission deletes 47 CFR 22.325. Rule 1.903(c) thus captures the purpose PCS, and other wireless mobile service
underlying Rule 22.927, albeit with less rules into a single set of regulations.
C. Deletion of 47 CFR 22.321
detail. While the detailed provision in Such an exercise would entail
Concerning Equal Employment
Rule 22.927 regarding the host carrier’s painstaking review of numerous rules to
Opportunity Programs and Reports
responsibility under its authorization determine those that can be
6. Commission Rule 22.321 sets forth may have been warranted when the consolidated and those that must be
licensee obligations for equal Cellular Service was in its nascency, the retained for individual services. In the
employment opportunity (EEO) Commission finds that this additional absence of strong support on the record
programs and policies to assure rule is unnecessary these many decades for this endeavor, which would require
nondiscriminatory practices in later. Moreover, the rule creates a significant investment of staff
recruitment, placement, promotion, and asymmetry, as the rules for commercial resources to complete, the Commission
other areas of employment practices. wireless services established much later declines to pursue the issue at this time.
Paragraph (c) of the rule requires all Part than the Cellular Service—such as PCS
22 licensees (i.e., PMS licensees), and AWS—do not have a counterpart to IV. Other Regulations Raised by
regardless of their size, to submit an 47 CFR 22.927. Consistent with a key Commenters
annual report to the Commission goal in this proceeding to eliminate 11. In response to the Commission’s
indicating whether any EEO complaints unnecessary asymmetric regulations, the query in the Second Further Notice as
have been filed at the federal, state, or to whether any other Part 22 rules are
daltland on DSKBBV9HB2PROD with RULES
Commission deletes 47 CFR 22.927.
local level against the licensee. 8. The Commission concludes that a ripe for removal in light of changed
Commission Rule 90.168, titled Equal related legacy rule that applies to all technology, electronic licensing/
Employment Opportunities, contains Part 22 licensees, 47 CFR 22.3, is also recordkeeping, or other modernizations
the same provisions as Rule 22.321. no longer necessary. This rule specifies that have occurred over the past two
This includes paragraph 90.168(c) that PMS stations must be used and decades, a few commenters requested
which, like 22.321(c), requires that a operated only in accordance with deletion of three Part 22 rules. These
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![Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Rules and Regulations 37763
24. It is further ordered, pursuant to Federal Communications Commission. § 22.301 [Removed and Reserved]
Section 801(a)(1)(A) of the Marlene Dortch, ■ 3. Section 22.301 is removed and
Congressional Review Act, 5 U.S.C. Secretary. reserved.
801(a)(1)(A), that the Commission shall
send a copy of the third report and order Final Rules § 22.303 [Removed and Reserved]
to Congress and to the Government For the reasons discussed in the ■ 4. Section 22.303 is removed and
Accountability Office. preamble, the Federal Communications reserved.
25. It is further ordered that the Commission amends 47 CFR part 22 as § 22.321 [Removed and Reserved]
Commission’s Consumer and follows:
Governmental Affairs Bureau, Reference ■ 5. Section 22.321 is removed and
Information Center, shall send a copy of PART 22—PUBLIC MOBILE SERVICES reserved.
the third report and order, including the § 22.325 [Removed and Reserved]
Final Regulatory Flexibility Analysis, to ■ 1. The authority citation for part 22
continues to read as follows: ■ 6. Section 22.325 is removed and
the Chief Counsel for Advocacy of the
reserved.
Small Business Administration. Authority: 47 U.S.C. 154, 222, 303, 309
and 332. § 22.927 [Removed and Reserved]
List of Subjects in 47 CFR Part 22
§ 22.3 [Removed and Reserved] ■ 7. Section 22.927 is removed and
Communications common carriers, reserved.
Reporting and recordkeeping ■ 2. Section 22.3 is removed and [FR Doc. 2018–16512 Filed 8–1–18; 8:45 am]
requirements. reserved. BILLING CODE 6712–01–P
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Document Created: 2018-08-02 01:29:21
Document Modified: 2018-08-02 01:29:21
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 4, 2018, except for the amendment to 47 CFR 22.303, which contains modified information collection requirements that have not yet been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. The Commission will publish a document in the Federal Register announcing the effective date of that amendment. | |
| Contact | Nina Shafran, (202) 418-2781, in the Mobility Division, Wireless Telecommunications Bureau. She may also be contacted at (202) 418-7233 (TTY). | |
| FR Citation | 83 FR 37760 | |
| CFR Associated | Communications Common Carriers and Reporting and Recordkeeping Requirements |
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