FCC Web Documents citing 1.412

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.txt
  • of proposed rulemaking, contact Paul Murray, Wireless Telecommunications Bureau, Commercial Wireless Division, at (202) 418-7240, pmurray@fcc.gov. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 2(a), 4(i), 4(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 154(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B), and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Notice of Proposed Rulemaking is ADOPTED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION
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  • the Commission should facilitate the development of secondary markets by making certain information on spectrum available to the public. Legal Basis The potential actions on which comment is sought in this NPRM would be authorized under Sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 309(j), and Sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Small Entities Subject to the Rules The RFA requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the Agency certifies that ``the rule will not, if promulgated, have a significant impact on a substantial number of small entities.'' The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1654A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1654A1.txt
  • By this letter, we are further amending the geographic channel block layout to incorporate updated and corrected data that was submitted to us by the licensees since the January letter was sent, and also to convert the geographical coordinates changed in that letter to the reference datum currently used by the Commission."' We find that good cause exists under Section 1.412(c) of the Commission's rules to adopt this rule change without prior public notice and comment, because we find such procedures to be unnecessary in this instance.4 All of the licensees who could be affected by amending the geographical channel block layout have individually reviewed and affirmed the correctness of the revisions set forth in the Appendix to this letter. Therefore,
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  • your Petition. Our engineering review indicates that a grant of the requested relief will not cause interference to or violate the rights of any other Commission licensee. Accordingly, Section 22.859 is amended to incorporate the geographical reference coordinates for these 11 sites as set forth in the appendix to this letter. We also find that good cause exists under Section 1.412(c) of the Commission's rules to adopt this rule change without prior public notice and comment because we find such procedures to be unnecessary in this instance. All of the parties who would be affected by amending the geographical reference coordinates were parties to the Petition. Therefore, we are granting the relief requested without formally seeking comments from the public. Unless
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  • a motion to accept), petitioner states that her comments should be accepted because she did not receive service of the Notice, adopted on May 12, 1999 and released on May 21, 1999, setting forth July 12, 1999 and July 27, 1999 as the comment and reply comments dates, respectively. We do not agree. It is well established that, under Section 1.412(a)(1), in notice and comment rulemaking proceedings such as the instant one, notice is given by publication of a summary of a ``Notice of Proposed Rule Making'' in the Federal Register. The Commission complied with this rule by publishing a Notice of Proposed Rule Making in the Federal Register on June 4, 1999. Consequently, the petitioner had constructive notice of the
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  • person'' may petition for rulemaking),1.401(c) (supportive materials required in a petition for rulemaking). See, e.g., Fort Stockton and Sanderson, Texas, 18 FCC Rcd 11759 (MB 2003); Clarendon, Texas, 18 FCC Rcd 12701 (MB 2003) (refraining from adopting an allotment when petitioner fails to make timely expression of interest). See 47 C.F.R. §§ 1.407 (notice of proposed rulemaking issued, if appropriate), 1.412(a) (notice procedures) and 1.413 (content of notices of proposed rulemaking, including docket number assigned to the proceeding). See 47 C.F.R. §1.415(a) & (b). NCE Second Report and Order, 18 FCC Rcd at 6705. See 47 C.F.R. § 1.415(c). $ $ 5 6 4 ; B F ] ^ _ n z • tm ¬ ¯ ¹ º ÿ‰PNG É!´R>^ÒïS›Sß¿†"KækÆý˜÷¯‡er4 ÐJùdM¿O­O
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-122A1.txt
  • UST 2377. Subpart B-Applications and Licenses 2. Section 80.59 is amended by revising the first sentence of paragraph (c)(2) to read as follows: (2) Feeable applications for exemption must be filed with US Bank, P.O. Box 979097, St. Louis, MO 63197-9000 at the address set forth in Sec. 1.1102. * * * * * * See also 47 C.F.R. §§ 1.412(b)(5), (c) (stating that prior notice is not required for amendments to rules relating to Commission organization, procedure, or practice, or ``in any situation in which the Commission for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest''). See 44 U.S.C. § 3506(c)(4). See 5 U.S.C. § 801(a)(1)(A). See 5 U.S.C. §§ 603(a)
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-732A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-732A2.txt
  • 0.702 0.696 0.7 3.445 2.79 3.131 1.893 1.953 2.021 18.127 18.317 20.015 238.305 261.998 269.53 1.348 1.467 1.45 8,920.6710,408.7911,790.44 3.053 2.373 2.671 270.39 265.398 266.293 34.135 36.102 37.968 4.623 5.603 5.502 1,361.831,420.911,609.49 1.062 1.056 1.04 0.563 0.551 0.548 0.625 0.639 0.637 3.264 3.496 3.529 4.469 4.745 4.991 0.779 0.776 0.776 47.794 49.912 52.729 2.041 2.065 2.096 1.482 1.466 1.479 1.428 1.412 1.416 1.376 1.362 1.625 1.958 1.997 2.146 4.06 4.241 4.422 9.194 9.278 9.262 1.719 1.708 1.683 25.387 24.447 25.723 17.005 16.987 16.567 1.346 1.504 1.676 452.951 487.456 518.809 16.598 16.767 17.215 0.178 0.195 0.206 257.871 260.458 264.263 0.898 0.906 0.954 6.438 4.802 5.018 0.602 0.615 0.634 1.04 1.083 1.16 1.583 1.573 1.655 0.997 0.973 0.96 667.89 758.255 819.153 2.809 3.153
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-361A1.txt
  • of proposed rulemaking, contact Paul Murray, Wireless Telecommunications Bureau, Commercial Wireless Division, at (202) 418-7240, pmurray@fcc.gov. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 2(a), 4(i), 4(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 154(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B), and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Notice of Proposed Rulemaking is ADOPTED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-402A1.pdf
  • the Commission should facilitate the development of secondary markets by making certain information on spectrum available to the public. Legal Basis The potential actions on which comment is sought in this NPRM would be authorized under Sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 309(j), and Sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Small Entities Subject to the Rules The RFA requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the Agency certifies that ``the rule will not, if promulgated, have a significant impact on a substantial number of small entities.'' The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-132A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-132A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-132A1.txt
  • existing interconnection problems, and the extent to which the proposals will create new problems. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities to Which Rules Will Apply 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, if adopted. The RFA defines the term
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  • that resellers and other non-dominant carriers must file applications for acquisitions of corporate control. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply 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 rulemaking, if adopted. The Regulatory Flexibility
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  • not there are alternative safeguards that are as effective but impose fewer regulatory costs. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303, and 403, and sections 1.1, 1.411, and 1.412 of the Commission's rules, 47 C.F.R. § 1.1, 1.411, and 1.412. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by any rules. The RFA generally defines the term
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-30A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-30A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-30A1.txt
  • ``MHz'' to the 2110-2110 band reference in footnote US252. For completeness, we also note that footnote S5.551, which states that radars located on spacecraft may be operated on a primary basis in the sub-band 35.5-35.6 GHz, which was suppressed at the 1997 World Radiocommunication Conference, will be a subject of a separate proceeding. 5 U.S.C. § 553(a)(1). 47 C.F.R. § 1.412(b)(1). 5 U.S.C. § 553(b)(3)(B). See 5 U.S.C. § 553 (a)(1), (b)(3)(B); 47 C.F.R. § 1.412(b)(1), (c); Bendix Aviation Corp. v. F.C.C., 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom. Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960). 5 U.S.C. § 553(d)(3). See 5 U.S.C. § 553(a)(1), (b)(3)(B). Indeed, I find it strange that a public letter from
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  • repeal or modify any regulation determined to be no longer in the public interest. However, the Notice of Proposed Rulemaking in this proceeding inadvertently was not published in the Federal Register. Nonetheless, because most of the rules adopted in the Report and Order were procedural in nature, they fell within the purview of the prior notice exemption contained in Section 1.412(b)(5) of the Commission's rules. One rule adopted in the Report and Order however, Section 76.1700(a), was determined to alter the substantive public file requirements for a subset of cable operators and to be subject to the prior public notice requirement. Thus, the Commission vacated Section 76.1700(a) in the Further NPRM and gave notice of, and sought comment on, the Commission's
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  • those services. Legal Basis The legal basis for any action that may be taken pursuant to the Notice is contained in sections 4, 10, 201-202, 214, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 160, 201-204, 214, 303, and 403, section 706 of the Telecommunications Act of 1996, and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-39A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-39A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-39A1.txt
  • Legal Basis The legal basis for any action that may be taken pursuant to the Notice is contained in sections 4, 10, 201-202, 214, 276, 303, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 160, 201-204, 214, 276, 303, and 403, section 706 of the Telecommunications Act of 1996, and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by
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  • legal basis for any action that may be taken pursuant to the Notice is contained in sections 4, 10, 201-202, 251, 252, 254, 271, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 251, 252, 254, 271, 303, and 403, section 706 of the Telecommunications Act of 1996, and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by
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  • on these issues, as well as any alternative means of ensuring the reasonableness of PIC-change charges. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, and 303 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, and 303, and sections 1.1, 1.411, and 1.412 of the Commission's rules, 47 C.F.R. § 1.1, 1.411, and 1.412. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the proposed rules, if adopted. The RFA generally
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-119A1.txt
  • alternative rules should be adopted to address PSP problems in receiving fair compensation. Legal Basis The legal basis for any action that may be taken pursuant to the Further Notice is contained in sections 1, 4(i), 4(j), and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 276, and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to Which the Proposed Rules will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by
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  • current rate is appropriate in light of the passage of more than three years since the last rate change took effect. Legal Basis This Notice is adopted pursuant to sections 1, 2, 4(i)-(j), 201, 226 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i)-(j), 201, 226 and 276 and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to which the Proposed Rules Will Apply The RFA directs agencies to provide a description of, and an estimate of the number of small entities that may be affected by the rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-252A1.txt
  • The legal basis for any action that may be taken pursuant to this Notice is contained in sections 4, 10, 201-202, 214, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 160, 201-204, 214, 303, and 403, section 706 of the Telecommunications Act of 1996, 47 U.S.C. § 157nt, and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Would Apply 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
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  • in the context of ``IP telephony'' and ``computer-based equipment that replicates telecommunications functionality.'' A. Legal Basis The legal basis for any action that may be taken pursuant to this NPRM is contained in sections 1, 4(i), 4(j), 251(e), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i)-(j), 251(e), 303(r), and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, 1.1200-1.1216. C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules May Apply 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
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  • Eli Johnson at (202) 418-1395, , or Won Kim (202) 418-1368, , Wireless Telecommunications Bureau, Spectrum and Competition Policy Division. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B), and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Memorandum Opinion & Order and Notice of Proposed Rulemaking IS ADOPTED. IT IS FURTHER ORDERED that, pursuant to Sections 4(i), 201(b), 251(a), 253, 303(r) and 332(c)(1)(B) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 251(a), 253, 303(r) and 332(c)(1)(B), and sections 1.411 and 1.412 of
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  • modifying the current rate is appropriate in light of the recent adoption of a new per-call rate in this proceeding. Legal Basis 20. This FNPRM is adopted pursuant to sections 1, 2, 4(i)-(j), 201, 226 and 276 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i)-(j), 201, 226 and 276 and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216. Description and Estimate of the Number of Small Entities to which the Proposed Rules Will Apply 21. The RFA directs agencies to provide a description of, and an estimate of the number of small entities that may be affected by the
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  • exercise of military functions of the United States in support of urgent national security interests. Consequently, we also find that notice and public comment procedures are, for good cause shown, impracticable, unnecessary, and contrary to the public interest. Accordingly, the Commission is authorized to waive the public notice provisions of the Administrative Procedure Act (APA) pursuant to 47 C.F.R. Sections 1.412(b)(1) and 1.412(c). Based on the representations of NTIA that adoption of a national footnote and an amendment of a government footnote specifically supports essential military functions of the national defense, we find that the public interest will best be served by accommodating NTIA's request to expeditiously add United States Footnote US402 to the U.S. Table of Frequency Allocations and amend
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-84A1.txt
  • sections 4(i) and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 155(c), the above-captioned petitions filed by Nextel Communications, Inc., and Rand McNally & Company ARE DISMISSED. IT IS FURTHER ORDERED THAT, pursuant to sections 4(i) and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i) and 155(c), and section 1.412 of the Commission's rules, 47 C.F.R. § 1.412, the above-captioned Further Notice of Proposed Rulemaking IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Policy and Rules Concerning the Interstate Interexchange Marketplace, Implementation of Section 254(g) of the Communications Act of 1934, as Amended, CC Docket No. 96-61, Petition for Reconsideration filed by Nextel Communications, Inc. (filed March 4, 1999);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-88A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-88A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-88A1.txt
  • cap that should be considered. Legal Basis The legal basis for any action that may be taken pursuant to the Notice is contained in sections 1, 2, 4(i), 4(j), 201, 202, 205, 214, 254, 403 and 410 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152, 154(i)-(j), 201, 202, 205, 254, 410 and sections 1.1, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411, 1.412, 1.415, 1.419, 1.1200-1.1216. Description and Estimate of the Number of Small Entities to Which Rules Will Apply 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 rules, if adopted.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-32A1.txt
  • by electronic mail to any staff persons that the filer knows are involved with the proceeding or tend to be involved with the issues. (weekly Wireless Telecommunications Bureau PN, including how to file electronically). In certain circumstances, rules may be adopted without notice and comment. See 5 U.S.C. § 553(a)(1), (2); 5 U.S.C. § 553(b)(A); see also 47 C.F.R. § 1.412(b), (c). 47 C.F.R. § 1.108. 47 C.F.R. § 1.106(k)(1). See Sprint Corp. v. FCC, 315 F.3d 369, 374-75 (D.C. Cir. 2003) (holding that a Commission action ``revising and modifying'' a rule was not ``set[ting] aside'' the rule within the scope of section 1.108). In the past, docketed adjudicatory proceedings have included, for example, applications to transfer licenses and authorizations in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1.txt
  • and Conservation Groups filed a Joint Opposition to the Petition for Reconsideration, and Blooston Commenters filed a Reply. See 47 C.F.R. § 1.106(a)(1). Blooston Commenters argue that the Draft Rules Public Notice represents a final decision not to follow notice and comment procedures that it says are required under the Administrative Procedure Act (APA), 5 U.S.C. § 553, and Sections 1.412(a)(1) and 1.415(c) of the Commission's rules, 47 C.F.R. §§ 1.412(a)(1), 1.415(c). Blooston Commenters Reply at 3-4. However, the APA requires these procedures as a precondition for adopting certain rules. Since the Draft Rules Public Notice adopted no rules, it does not constitute a final action. See infra, paras. 45-46. The process is described in more detail in Appendix E. In
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-181A1_Rcd.pdf
  • proposed tower during this 30-day period. Oppositions will be due 10 calendar days after expiration of the time for filing 111See47 C.F.R. § 1.106(a)(1). Blooston Commenters argue that the Draft Rules Public Noticerepresents a final decision not to follow notice and comment procedures that it says are required under the Administrative Procedure Act (APA), 5 U.S.C. § 553, and Sections 1.412(a)(1) and 1.415(c) of the Commission's rules, 47 C.F.R. §§ 1.412(a)(1), 1.415(c). Blooston Commenters Reply at 3-4. However, the APA requires these procedures as a precondition for adopting certain rules. Since the Draft Rules Public Notice adopted no rules, it does not constitute a final action. 112See infra,paras. 45-46. 113The process is described in more detail in Appendix E. In addition,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.wp
  • 180 PIC Verification Order, 7 FCC Rcd. at 1045. 181 See, e.g., PIC Verification Reconsideration Order, 8 FCC Rcd at 3215-16 ("we required [in the PIC 182 Verification Order] IXCs that submit PIC change orders on behalf of customers to LECs to institute one of four confirmation procedures . . .") (emphasis added). See Appendix B. 183 47 C.F.R. § 1.412(c) ("Rule changes may in addition be adopted without prior notice in any situation in which 184 the Commission for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest."). 34 H. Service Contracts and the Commission's LOA Rules (Section 64.1150) 68. Frontier argues that the Commission's rules concerning the format of an LOA
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.txt
  • existing interconnection problems, and the extent to which the proposals will create new problems. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities to Which Rules Will Apply 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, if adopted. The RFA defines the term
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.txt
  • that resellers and other non-dominant carriers must file applications for acquisitions of corporate control. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply 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 rulemaking, if adopted. The Regulatory Flexibility
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • regardless Federal Communications Commission FCC 98-117 130 47 C.F.R. § 73.509(b). 131 See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments by Using Directional Antennas, Report and Order in MM Docket 87-121, 4 FCC Rcd 1681, 1687 (1989). 132 See 47 C.F.R. § 74.1203. 133 See 5 U.S.C. § 553(a)(1), (b)(3)(B); 47 C.F.R. § 1.412(c). 32 of class or location on the FM band.130 Commercial Class B and B1 FM stations, however, traditionally have received greater protection to their 0.5 mV/m (54 dBu) and 0.7 mV/m (57 dBu) contours, respectively.131 Accordingly, we propose to modify Section 73.509(b) to require Class D stations to protect commercial Class B and B1 stations, as well as NCE FM
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.pdf
  • Thomas, Legal Branch, Policy and Rules Division, Mass Media Bureau, (202) 418-2130. VI. ORDERING CLAUSES 45. Accordingly, IT IS ORDERED that this Notice of Proposed Rulemaking is issued pursuant to the authority contained in Sections 4(i), 303, 307, 309, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303, 307, 309, and 336, and Sections 1.412, 1.413, and 1.415 of the Commission's rules, 47 C.F.R. §§ 1,412, 1.413, and 1.415. 46. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Federal
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • 202-418-0896, jsteinbe@fcc.gov, or Joel Taubenblatt at 202-418-1513, jtaubenb@fcc.gov. VI. ORDERING CLAUSES 96. Accordingly, IT IS ORDERED, pursuant to sections 1, 2(a), 4(i), 4(j), 201(b), 224, 251(c)(3), 251(d), 253, 303(r), 332, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 154(j), 201(b), 224, 251(c)(3), 251(d), 253, 303(r), 332, and 403, and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Notice of Proposed Rulemaking and Notice of Inquiry, and Third Further Notice of Proposed Rulemaking is ADOPTED. 97. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 201(b), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 201(b), and 303(r), and section 1.401(e)
• http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • the Commission should facilitate the development of secondary markets by making certain information on spectrum available to the public. Legal Basis The potential actions on which comment is sought in this NPRM would be authorized under Sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 309(j), and Sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Small Entities Subject to the Rules The RFA requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the Agency certifies that ``the rule will not, if promulgated, have a significant impact on a substantial number of small entities.'' The
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • of the Act. Legal Basis The potential actions on which comment is sought in this Competitive Networks FNPRM would be authorized under Sections 1, 2(a), 4(i), 201(b), 202(a), 205(a), 224(d), 224(e), 303(r), and 411(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 201(b), 202(a), 205(a), 224(d), 224(e), 303(r), and 411(a), and Sections 1.411 and 1.412 of the Commission's Rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Number of Small Entities to which the Rules Will Apply The RFA requires that an IRFA be prepared for notice-and-comment rulemaking proceedings, unless the agency certifies that "the rule will not, if promulgated, have a significant economic impact on a substantial number of small
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00162.doc
  • 76; (2) providing cable operators with an alternative to maintaining a paper public file; (3) eliminating outdated public file requirements; and (4) expanding the definition of small cable systems for purposes of the public inspection rules. 2. We have discovered that the "Notice of Proposed Rule Making" (``NPRM'') in this proceeding inadvertently was not published in the Federal Register. Section 1.412 of the Commission's rules provides that prior notice of proposed rulemaking is ordinarily given by publication of a NPRM in the Federal Register. Section 1.412 (b)(5) of the Commission's rules creates an exception to the prior notice requirement for, among other things, rules involving Commission organization, procedure, or practice. In this proceeding, the NPRM contained proposed changes in the Commission's
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97248.wp
  • 180 PIC Verification Order, 7 FCC Rcd. at 1045. 181 See, e.g., PIC Verification Reconsideration Order, 8 FCC Rcd at 3215-16 ("we required [in the PIC 182 Verification Order] IXCs that submit PIC change orders on behalf of customers to LECs to institute one of four confirmation procedures . . .") (emphasis added). See Appendix B. 183 47 C.F.R. § 1.412(c) ("Rule changes may in addition be adopted without prior notice in any situation in which 184 the Commission for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest."). 34 H. Service Contracts and the Commission's LOA Rules (Section 64.1150) 68. Frontier argues that the Commission's rules concerning the format of an LOA
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01132.txt
  • existing interconnection problems, and the extent to which the proposals will create new problems. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities to Which Rules Will Apply 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, if adopted. The RFA defines the term
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01205.txt
  • that resellers and other non-dominant carriers must file applications for acquisitions of corporate control. Legal Basis The legal basis for any action that may be taken pursuant to the NPRM is contained in sections 4, 201-202, 303 and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154, 201-202, 303 and 403, and sections 1.1, 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.1, 1.411 and 1.412. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply 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 rulemaking, if adopted. The Regulatory Flexibility
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f02.pdf
  • $15,59757.6 1.341.1 0.0 0.0 2,531,56052.922.0 2.710.811.7 Morocco $19,949,19030.711.4 0.925.131.8 $184,85537.6 0.0 0.062.4 0.0 $168,36196.2 0.0 2.2 1.6 0.0 86,616,56312.311.2 1.039.436.1 Mozambique $1,627,79887.0 9.4 0.1 1.7 1.8 $50,395100.0 0.0 0.0 0.0 0.0 $111,73680.119.9 0.0 0.0 0.0 1,987,97861.527.2 0.7 5.2 5.5 Namibia $591,07064.321.6 0.4 7.8 5.9 $94,960100.0 0.0 0.0 0.0 0.0 $207,32298.9 0.0 1.1 0.0 0.0 2,837,69860.323.1 0.7 7.7 8.3 Niger $718,426 1.412.0 1.012.173.4 $516 0.0 0.0100.0 0.0 0.0 $0 3,516,932 0.3 9.6 1.212.976.0 Nigeria $28,540,93234.420.8 1.731.112.0 $3,349,40017.615.4 0.055.811.2 $1,883,92867.016.9 1.115.0 0.0 103,943,34211.220.2 2.248.517.9 Reunion $76,856 1.225.1 1.619.752.3 $73 0.0 0.0100.0 0.0 0.0 $1,37746.7 0.053.3 0.0 0.0 771,482 0.315.8 1.249.133.6 Rwanda $448,973 0.126.0 1.365.4 7.1 $132,870 0.0 0.0 0.0100.0 0.0 $184,388 0.5 0.0 0.998.7 0.0 1,327,689 0.041.4 3.241.913.4 Saint Helena $189,96110.750.9 0.136.0 2.4
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f99.pdf
  • Kenya $26,571,04431.341.811.0 4.111.8 $2,113,19438.149.912.0 0.0 0.0 $507,15049.139.611.3 0.0 0.0 39,429,35924.236.516.4 7.215.7 Lesotho $317,97655.015.5 9.9 0.719.0 $62,735100.0 0.0 0.0 0.0 0.0 $37,527100.0 0.0 0.0 0.0 0.0 660,88146.8 9.713.5 1.128.9 Liberia $4,688,21632.035.4 6.0 4.821.8 $1,974,68830.070.0 0.0 0.0 0.0 $1,289,34968.131.9 0.0 0.0 0.0 10,788,02026.539.3 5.3 6.922.0 Libya $1,130,24948.222.311.1 3.115.4 $70,84296.6 0.0 0.0 0.0 3.4 $17,417100.0 0.0 0.0 0.0 0.0 2,106,85431.111.721.4 8.427.3 Madagascar $384,951 1.412.8 1.720.064.0 $6,004 0.4 3.2 0.0 0.096.4 $0 604,295 0.4 4.5 1.432.761.0 Malawi $988,59647.935.4 9.1 0.8 6.9 $221,02740.759.2 0.0 0.0 0.1 $156,47915.584.5 0.0 0.0 0.0 2,038,95744.234.6 9.1 1.410.6 Mali $6,829,67965.4 5.9 1.4 6.520.9 $457,49846.440.7 0.0 0.012.9 $971,10074.625.4 0.0 0.0 0.0 7,126,82336.110.9 1.412.639.0 Mauritania $1,158,61684.3 4.5 1.1 1.8 8.4 $206,498100.0 0.0 0.0 0.0 0.0 $1,125,507100.0 0.0 0.0 0.0 0.0 1,832,07182.6 2.3 1.3
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98117.wp
  • regardless Federal Communications Commission FCC 98-117 130 47 C.F.R. § 73.509(b). 131 See Amendment of Part 73 of the Commission's Rules to Permit Short-Spaced FM Station Assignments by Using Directional Antennas, Report and Order in MM Docket 87-121, 4 FCC Rcd 1681, 1687 (1989). 132 See 47 C.F.R. § 74.1203. 133 See 5 U.S.C. § 553(a)(1), (b)(3)(B); 47 C.F.R. § 1.412(c). 32 of class or location on the FM band.130 Commercial Class B and B1 FM stations, however, traditionally have received greater protection to their 0.5 mV/m (54 dBu) and 0.7 mV/m (57 dBu) contours, respectively.131 Accordingly, we propose to modify Section 73.509(b) to require Class D stations to protect commercial Class B and B1 stations, as well as NCE FM
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/2000/fcc00345.txt
  • contact Cyndi Thomas, Legal Branch, Policy and Rules Division, Mass Media Bureau, (202) 418-2130. ordering clauses Accordingly, IT IS ORDERED that this Notice of Proposed Rulemaking is issued pursuant to the authority contained in Sections 4(i), 303, 307, 309, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303, 307, 309, and 336, and Sections 1.412, 1.413, and 1.415 of the Commission's rules, 47 C.F.R. §§ 1,412, 1.413, and 1.415. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99141.pdf
  • 202-418-0896, jsteinbe@fcc.gov, or Joel Taubenblatt at 202-418-1513, jtaubenb@fcc.gov. VI. ORDERING CLAUSES 96. Accordingly, IT IS ORDERED, pursuant to sections 1, 2(a), 4(i), 4(j), 201(b), 224, 251(c)(3), 251(d), 253, 303(r), 332, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 154(j), 201(b), 224, 251(c)(3), 251(d), 253, 303(r), 332, and 403, and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Notice of Proposed Rulemaking and Notice of Inquiry, and Third Further Notice of Proposed Rulemaking is ADOPTED. 97. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 201(b), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 201(b), and 303(r), and section 1.401(e)
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00361.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00361.txt
  • of proposed rulemaking, contact Paul Murray, Wireless Telecommunications Bureau, Commercial Wireless Division, at (202) 418-7240, pmurray@fcc.gov. ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 1, 2(a), 4(i), 4(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 154(j), 201(b), 251(a), 253, 303(r), and 332(c)(1)(B), and sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412, this Notice of Proposed Rulemaking is ADOPTED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION
• http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.doc http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/2000/fcc00402.txt
  • the Commission should facilitate the development of secondary markets by making certain information on spectrum available to the public. Legal Basis The potential actions on which comment is sought in this NPRM would be authorized under Sections 4(i), 303(r), and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 309(j), and Sections 1.411 and 1.412 of the Commission's rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Small Entities Subject to the Rules The RFA requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rulemaking proceedings, unless the Agency certifies that ``the rule will not, if promulgated, have a significant impact on a substantial number of small entities.'' The
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/da000073.doc
  • your Petition. Our engineering review indicates that a grant of the requested relief will not cause interference to or violate the rights of any other Commission licensee. Accordingly, Section 22.859 is amended to incorporate the geographical reference coordinates for these 11 sites as set forth in the appendix to this letter. We also find that good cause exists under Section 1.412(c) of the Commission's rules to adopt this rule change without prior public notice and comment because we find such procedures to be unnecessary in this instance. All of the parties who would be affected by amending the geographical reference coordinates were parties to the Petition. Therefore, we are granting the relief requested without formally seeking comments from the public. Unless
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • of the Act. Legal Basis The potential actions on which comment is sought in this Competitive Networks FNPRM would be authorized under Sections 1, 2(a), 4(i), 201(b), 202(a), 205(a), 224(d), 224(e), 303(r), and 411(a) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 152(a), 154(i), 201(b), 202(a), 205(a), 224(d), 224(e), 303(r), and 411(a), and Sections 1.411 and 1.412 of the Commission's Rules, 47 C.F.R. §§ 1.411 and 1.412. C. Description and Estimate of the Number of Small Entities to which the Rules Will Apply The RFA requires that an IRFA be prepared for notice-and-comment rulemaking proceedings, unless the agency certifies that "the rule will not, if promulgated, have a significant economic impact on a substantial number of small
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981687.pdf
  • streamlining the regulatory requirements imposed on the competitive wireless industry, the Commission would promote efficient resolution of outstanding rulemaking proposals. The second appendix, Appendix B, lists administrative rules that may be eliminated or modified by the Commission without prior notice and comment rulemaking proceedings. Specifically, we believe that the proposals contained in Appendix B fall within the scope of Section 1.412(c), as rule changes that may be adopted without prior notice in any situation in which the Commission for good cause finds that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest.* Appendix C contains rule elimination and streamlining proposals that may require notice and comment prior to final Commission action. Of course, if the Bureau
• http://www.fcc.gov/cgb/voip911order.pdf
  • id. at 6483-6486, paras. 173-85. Federal Communications Commission FCC 05-116 81 A. Legal Basis 91. The legal basis for any action that may be taken pursuant to this NPRM is contained in sections 1, 4(i), 4(j), 251(e), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i)- (j), 251(e), 303(r), and sections 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, and 1.1200-1.1216, of the Commission's rules, 47 C.F.R. §§ 1.1, 1.48, 1.411, 1.412, 1.415, 1.419, 1.1200-1.1216. C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules May Apply 92. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected