Petition for Reconsideration of Action in Rulemaking Proceeding

CourtFederal Communications Commission
Citation86 FR 74400
Record Number2021-28295
Publication Date30 December 2021
74400
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Proposed Rules
use SIP Code 603 to meet the immediate
notification requirement beginning on
January 1, 2022. At that time, the
Commission also granted the request to
clarify that the immediate notification
requirements apply to all analytics-
based blocking, and do not apply to
non-analytics-based blocking programs
and that the blocked calls list
requirements applies only to opt-in or
opt-out analytics-based blocking and not
to other blocking programs.
2. In this FNPRM, the Commission
seeks comment on whether and how to
transition away from the use of SIP
Code 603 for immediate notification and
toward full implementation of SIP
Codes 607 and 608. Should the
Commission phase out use of SIP Code
603 for its immediate notification
requirement or does SIP Code 603
provide adequate information to callers?
Does SIP Code 603 require additional
modifications to make it useful for
callers? If so, would such modifications
potentially eliminate any cost or time
savings gained from allowing its use?
Would use of SIP Code 603 for such
purposes undermine its value for callers
because its use is too varied for proper
analysis by caller analytics programs?
3. The Commission also sought
comment on whether setting a firm
deadline for implementation of SIP
Codes 607 and 608 is the best means of
ensuring that voice service providers
move expeditiously while allowing
standards bodies to continue their
important processes. If the Commission
requires use of only SIP Codes 607 and
608, what is the appropriate deadline
for implementation? What factors
should the Commission consider in
making this decision? How might the
Commission encourage standards bodies
to finalize their work in a timely
manner? Should the Commission
require voice service providers to
submit status reports on their progress
in implementing SIP Codes 607 and
608? If so, how often should the
Commission require such status reports?
4. The Commission sought comment
on any other matters raised by the SIP
Code requirements addressed in the
Order on Reconsideration. The
Commission specifically requested
comment on any potential costs and
benefits associated with phasing out SIP
Code 603 for purposes of the immediate
notification requirement, and the
burden, if any, on small businesses.
Initial Regulatory Flexibility Analysis
5. As required by the Regulatory
Flexibility Act of 1980, as amended,
(RFA), the Commission has prepared
this Initial Regulatory Flexibility
Analysis (IRFA) of the possible
significant economic impact on a
substantial number of small entities by
the policies and rules proposed in this
Sixth FNPRM. Written public comments
are requested on this IRFA. Comments
must be identified as responses to the
IRFA and must be filed by the deadlines
for comments on the FNPRM provided
on the first page of this document. The
Commission will send a copy of the
FNPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration.
6. Need for, and Objectives of, the
Proposed Rules. The FNPRM seeks
comment on whether to phase out the
use of SIP Code 603 for purposes of
voice service providers’ immediate
notification requirements. The
Commission continues to believe that it
should retain its requirement that
terminating voice service providers
ultimately use only SIP Codes 607 or
608 in IP networks, as these codes are
designed to be used for call blocking. As
many commenters note, the design
specifications for SIP Codes 607 and 608
provide important information that
enables callers to contact blocking
entities and initiate the redress process.
The Commission believes that these
codes present the best long-term
solution for immediate notification.
While some commenters argue that
certain design specifications may be
difficult to implement, the Commission
believes that it should encourage
standards-setting bodies to finalize their
work and provide time for voice service
providers to implement, test, and refine
internal systems needed to return codes
607 and 608. The FNPRM seeks
comment on this belief and whether and
how the Commission should phase out
the use of SIP Code 603 for purposes of
voice service providers’ immediate
notification requirements.
7. Legal Basis. The proposed and
anticipated rules are authorized under
sections 154(i), 201, 202, 227, 251(e),
and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 201,
202, 227, 251(e), 403, and section 10 of
the Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act, Public
Law 116–105, 133 Stat. 3274.
8. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements. As indicated above, the
FNPRM seeks comment on whether and
how to phase out the use of SIP Code
603 for purposes of voice service
providers’ immediate notification
requirements. The FNPRM does not
contain any projected reporting,
recordkeeping, or other compliance
requirements.
9. Steps Taken to Minimize
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered. The RFA requires an
agency to describe any significant
alternatives that it has considered in
reaching its proposed approach, which
may include the following four
alternatives (among others): (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
10. The FNPRM seeks comment on
whether and how to phase out the use
of SIP Code 603 for purposes of voice
service providers’ immediate
notification requirements. The
Commission expects to consider the
economic impact on small entities, as
identified in comments filed in response
to the FNPRM and this IRFA, in
reaching its final conclusions and taking
action in this proceeding.
11. Federal Rules that May Duplicate,
Overlap, or Conflict with the Proposed
Rules. None.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2021–28218 Filed 12–29–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[WC Docket No. 18–89; Report No. 3185;
FR ID 64443]
Petition for Reconsideration of Action
in Rulemaking Proceeding
AGENCY
: Federal Communications
Commission.
ACTION
: Petition for Reconsideration.
SUMMARY
: Petition for Reconsideration
(Petition) has been filed in the
Commission’s rulemaking proceeding
by Carri Bennet, on behalf of The Rural
Wireless Association, Inc.
DATES
: Oppositions to the Petition must
be filed on or before January 14, 2022.
Replies to oppositions must be filed on
or before January 24, 2022.
ADDRESSES
: Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT
:
William Layton, Telecommunications
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74401
Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Proposed Rules
Access Policy Division, Wireline
Competition Bureau, (202) 418–7400 or
via email at William.Layton@fcc.gov.
SUPPLEMENTARY INFORMATION
: This is a
summary of the Commission’s
document, Report No. 3185, released
December 20, 2021. The full text of the
Petition can be accessed online via the
Commission’s Electronic Comment
Filing System at: http://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
Subject: In the Matter of Protecting
Against National Security Threats to the
Communications Supply Chain Through
FCC Programs, Third Report and Order,
published at 86 FR 46995, August 23,
2021, in WC Docket No. 18–89. This
document is being published pursuant
to 47 CFR 1.429(e). See also 47 CFR
1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 1.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–28295 Filed 12–29–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 21–422; DA 21–1611; FR
ID 64452]
Media Bureau Extends Comment and
Reply Comment Deadlines for FM
Directional Antenna NPRM
AGENCY
: Federal Communications
Commission.
ACTION
: Notice.
SUMMARY
: In this document, the
Commission grants a motion for
extension of time in the Updating FM
Broadcast Radio Service Directional
Antenna Performance Verification
proceeding, to extend the comment and
reply comment deadlines.
DATES
: Comments may be filed on or
before January 20, 2022, and reply
comments may be filed on or before
February 4, 2022.
ADDRESSES
: You may submit comments,
identified by MB Docket No. 21–422, by
any of the following methods:
Electronic Filers: Federal
Communications Commission’s website:
https://apps.fcc.gov/ecfs//. Follow the
instructions for submitting comments.
Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
During the time the Commission’s
building is closed to the general public
and until further notice, if more than
one docket or rulemaking number
appears in the caption of a proceeding,
paper filers need not submit two
additional copies for each additional
docket or rulemaking number; an
original and one copy are sufficient.
People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or 202–418–
0432 (TTY).
FOR FURTHER INFORMATION CONTACT
:
Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418–2700;
Thomas Nessinger, Senior Counsel,
Media Bureau, Audio Division, (202)
418–2700.
SUPPLEMENTARY INFORMATION
: This is a
summary of the Media Bureau’s Public
Notice in MB Docket No. 21–422; DA
21–1611, released on December 20,
2021. The full text of this document is
available electronically for public
inspection via ECFS at https://
apps.fcc.gov/ecfs and the FCC’s website
at https://docs.fcc.gov/public/
attachments/FCC-21-1611A1.pdf.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. 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 Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
1. By this Public Notice, the Media
Bureau extends the deadlines for filing
comments and reply comments in the
above-captioned proceeding to update
the Commission’s rules by allowing an
FM or LPFM applicant proposing a
directional antenna system to verify the
system’s performance through computer
modeling.
2. On November 15, 2021, the
Commission released a Notice of
Proposed Rulemaking setting out its
proposed rule changes allowing
verification of FM and LPFM directional
antennas by computer modeling.
Updating FM Broadcast Radio Service
Directional Antenna Performance
Verification, MB Docket No. 21–422,
Notice of Proposed Rulemaking, FCC
21–117 (Nov. 15, 2021). On November
30, 2021, the Media Bureau announced
a comment filing deadline of December
30, 2021, and a reply comment filing
deadline of January 14, 2022, in the
above-captioned proceeding. Comment
and Reply Comment Dates Set for FM
Directional Antenna NPRM, MB Docket
No. 21–422, Public Notice, DA 21–1485
(MB Nov. 30, 2021).
3. On December 17, 2021, the
National Association of Broadcasters
(NAB) requested an extension of the
comment and reply comment filing
deadlines until January 20 and February
4, 2022, respectively. Motion for
Extension of Time of the National
Association of Broadcasters (NAB), MB
Docket No. 21–422 (filed Dec. 17, 2021)
(Extension Motion). NAB states that, in
the Joint Petition for Rulemaking on
which the NPRM was based (Joint
Petition for Rulemaking, filed by
Dielectric, LLC; Educational Media
Foundation; Jampro Antennas, Inc.;
Radio Frequency Systems; and Shively
Labs (filed June 15, 2021)), the Joint
Petitioners included a technical exhibit
comparing the results of computer
modeling using one commercial
software product with the physical
measurements taken from an FM
directional antenna mounted on one
particular type of tower. Extension
Motion at 2. NAB believes that the
record would ‘‘significantly benefit from
additional technical information
involving common tower structures and
other commercial software products.’’
Id. However, while NAB states it has
reached out to broadcasters, consulting
engineers, and antenna manufacturers to
provide such technical data for the
record, it points out that the end-of-year
holiday season and upcoming federal
holidays means that many potential
commenters will be on vacation, or their
offices will be closed or dealing with
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