Parties Asked To Refresh Record in the Special Access Notice of Proposed Rulemaking, 40814-40816 [E7-14272]
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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules
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ADDRESSES: Address all comments
concerning this proposed rule to: Bryant
L. VanBrakle, Secretary, Federal
Maritime Commission, 800 N. Capitol
Street, NW., Room 1046, Washington,
DC 20573–0001, (202) 523–5725, E-mail:
secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT:
Sandra L. Kusumoto, Director, Bureau of
Certification and Licensing, 800 N.
Capitol Street, NW., Room 970,
Washington, DC 20573–0001, (202) 523–
5787, E-mail: skusumoto@fmc.gov.
SUPPLEMENTARY INFORMATION: The
Commission’s regulations at 46 CFR
515.25(a) currently state that, upon
approval for an ocean transportation
intermediary (‘‘OTI’’) license, an
applicant must provide valid proof of
financial responsibility prior to the
issuance of the license by the
Commission’s Bureau of Certification
and Licensing (‘‘BCL’’). The regulation
currently allows an applicant two (2)
years in which to furnish such proof of
financial responsibility, failing which
the application will be considered
invalid by the Commission.
An extended time period of two (2)
years between approval of an OTI
application and an applicant’s
procurement of financial responsibility
has created significant areas of concern
for the Commission. First, this may be
viewed as an opportunity by applicants
who have been deemed approved but
who have gone two (2) years without
procuring a surety bond to, nonetheless,
commence providing OTI services. This
result would frustrate the statutory goal
of protecting the shipping public.
Second, an applicant’s inability or
unwillingness to procure a surety bond
over the course of two (2) years may be
an indication of questionable financial
integrity, a key factor in establishing an
applicant’s continuing fitness to
perform OTI services.
Based on a study conducted by BCL
staff of new OTI licenses issued in fiscal
year 2006, it appears that the greatest
majority of qualified applicants did not
require two (2) years to procure surety
bonds. BCL statistics show that more
than half of the qualified applicants
obtained surety bonds within 30 days of
approval of their applications and 87
percent of the applicants obtained
surety bonds in a time period of 120
days or less. The remainder of the
applicants, or 13 percent, required
between 120 days and two (2) years to
obtain surety bonds subsequent to
approval of their OTI applications. This
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19:03 Jul 24, 2007
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is an indication that reducing the
allotment of time for providing proof of
valid financial responsibility is unlikely
to be burdensome upon either the
industry in general or new OTI
applicants in particular.
Given the current bonding practices of
a significant majority of new OTI
applicants, it appears that a time frame
in excess of 120 days is unnecessary
while creating an opportunity for abuse
of the licensing process. Accordingly,
the Commission proposes to amend 46
CFR 515.25(a) by reducing the period of
time within which an OTI applicant is
required to provide the requisite proof
of financial responsibility subsequent to
approval of the application from two (2)
years to 120 days. This would ensure
greater efficiency on the part of OTI
applicants in complying with financial
responsibility requirements following
approval of their applications. Upon
expiration of the 120-day time period, if
valid proof of financial responsibility
has not been provided by an applicant,
the OTI application would be
considered invalid thereby requiring the
filing of a new application for an OTI
license.
In conjunction with the
aforementioned amendment, the
Commission further proposes to remove
as unnecessary the third sentence of 46
CFR 515.25(a) dealing with
supplementary investigations for the
determination of an applicant’s
continued qualification if more than six
(6) months elapse between the time of
the approval of the application and an
applicant’s submission of financial
responsibility to the Commission.
Removal of the option of supplementary
investigations from 46 CFR 515.25(a)
likewise necessitates removing
paragraph (b)(3) of 46 CFR 515.5
inasmuch as the collection of fees for
supplementary investigations would no
longer be appropriate.
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., the
Federal Maritime Commission certifies
that the proposed rule, if promulgated,
will not have a significant economic
impact on a substantial number of small
entities. The rule directly applies to the
licensing requirements of OTIs, which
are regulated persons (or businesses)
under the Commission’s jurisdiction
that qualify as small entities under the
guidelines of the Small Business
Administration. The rule will modify
the financial responsibility
requirements that must be met by
persons applying for a license to operate
as an OTI. The modifications in the rule
will simplify the OTI licensing
application process, and increase
administrative efficiencies, while
PO 00000
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further serving to safeguard the shipping
public from unlicensed operators. The
rule imposes no new or additional cost
burden on persons applying for an OTI
license, nor will it have a harmful effect
on the general public, the U.S. economy,
or any of the regulated entities under
the jurisdiction of the Commission.
List of Subjects in 46 CFR Part 515
Common carriers, Exports, Nonvessel-operating common carriers,
Ocean transportation intermediaries,
Financial responsibility requirements,
Reports and recordkeeping
requirements, Surety bonds.
Accordingly, the Federal Maritime
Commission proposes to amend 46 CFR
part 515 as follows:
PART 515—LICENSING, FINANCIAL
RESPONSIBILITY REQUIREMENTS,
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
1. The authority citation for part 515
is revised to read as follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46
U.S.C. 1702, 1707, 1709, 1710, 1712, 1714,
1716, and 1718 (recodified October 2006 as
46 U.S.C. 305, 40102, 40104, 40501–40503,
40901–40904, 41101–41106, 41107, 41108,
41109, 41301–41302, 41305–41307, 42101,
42301–42306, and 42307); Pub. L. 105–383,
112 Stat. 3411, 21 U.S.C. 862.
§ 515.5
[Amended]
2. In § 515.5, remove paragraph (b)(3).
3. Amend § 515.25(a) by removing the
fourth sentence and revising the last
sentence to read as follows:
§ 515.25 Filing of proof of financial
responsibility.
(a) * * * Should the applicant not
file the requisite proof of financial
responsibility within 120 days of
notification, the Commission will
consider the application to be invalid.
*
*
*
*
*
By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. E7–14396 Filed 7–24–07; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, 61 and 69
[WC Docket No. 05–25; RM–10593; FCC 07–
123]
Parties Asked To Refresh Record in
the Special Access Notice of Proposed
Rulemaking
Federal Communications
Commission.
AGENCY:
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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules
mstockstill on PROD1PC66 with PROPOSALS
ACTION:
Proposed rule.
SUMMARY: In the Special Access Notice
of Proposed Rulemaking (NPRM), the
Commission commenced a broad
examination of the regulatory
framework to apply to interstate special
access services provided by price cap
local exchange carriers (LECs),
including whether the special access
pricing flexibility rules that the
Commission adopted in 1999 have
worked as intended. This document
invites interested parties to update the
record in light of industry
developments.
DATES: Comments are due on or before
August 8, 2007 and reply comments are
due on or before August 15, 2007.
ADDRESSES: You may submit comments,
identified by WC Docket No. 05–25 and
RM–10593, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov, and include
the following words in the body of the
message: ‘‘Get form.’’ A sample form
and directions will be sent in response.
• First-class or overnight U.S. Postal
Service mail: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
Detailed instructions for submitting
comments, including how to submit
comments by hand, messenger delivery
or by commercial overnight courier, and
additional information on the
rulemaking process are contained in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Margaret Dailey, Wireline Competition
Bureau, Pricing Policy Division (202)
418–1520, margaret.dailey@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice, FCC 07–12, released on July 9,
2007. The full text of this document is
available for public inspection during
regular business hours at the FCC
Reference Information Center, Portals II,
445 12th Street, SW., Washington, DC
20554 and may be viewed on the
Commission’s Web site at https://
www.fcc.gov/.
Pursuant to the Commission’s rules
governing notices of proposed
rulemakings, 47 CFR 1.415, 1.419, the
Commission invites interested parties to
update the record in this proceeding. In
the Special Access NPRM, 70 FR 19381,
April 13, 2005, the Commission
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commenced a broad examination of the
regulatory framework to apply to
interstate special access services
provided by price LECs, including
whether the special access pricing
flexibility rules that the Commission
adopted in 1999 have worked as
intended. 47 CFR 69.701 et seq.; Pricing
Flexibility Order, 64 FR 51258, Sept. 22,
1999. On June 8, 2005, a Protective
Order was entered to enable parties to
submit documents that contain
proprietary or confidential information
and to ensure adequate protection for
such documents. In response to the
Special Access NPRM, the Commission
received comments on June 13, 2005
and reply comments on July 29, 2005.
Since these comments were filed, a
number of developments in the industry
may have affected parties’ positions on
the issues raised in the Special Access
NPRM. These developments include a
number of significant mergers and other
industry consolidations, the continued
expansion of intermodal competition in
the market for telecommunications
services, which affects the uses of, and
competition to provide, a variety of
special access services or alternatives;
and GAO’s November 2006 release of
Report 07–80 (GAO Report), which
summarizes its review of certain aspects
of the market for special access services.
Accordingly, the Commission requests
that parties refresh the record in this
proceeding to reflect the effects of these
developments. Parties should include
any new information or arguments that
may be relevant to the Commission’s
consideration of what action, if any,
may be appropriate in this proceeding.
We also ask parties to address the
specific questions below, which were
not raised in the Special Access NPRM.
First, parties should comment on the
effect of the post Special Access NPRM
mergers and other industry
consolidation on the availability of
competitive special access facilities and
providers. Parties should also comment
on the effect these mergers may have
had on scale economies or the
profitability of special access services.
In addition, since the release of the
Special Access NPRM, demand for
wireless voice and wireless broadband
services has increased, and special
access has been an important input for
these services. We seek comment on
how special access pricing affects the
price and availability of wireless
services and the investment in and
deployment of wireless networks. In the
Special Access NPRM, the Commission
sought comment on both the price and
cost of special access services, and on
how costs for special access facilities
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40815
should be estimated. We seek comment
here on methods that may be used to
estimate the costs of special access
facilities, including whether models
may appropriately be used to estimate
such costs. For example, cost and
engineering models have been used to
estimate the cost of Unbundled Network
Elements. Could they also be used to
estimate costs of special access
facilities? We note that a number of
carriers have embarked on significant
upgrades to their networks to provide
high capacity services to their
customers. We seek information on
projected costs per customer to deploy
these facilities. To assist in the
assessment of the reasonableness of
rates for special access services, we ask
parties to supplement the record with
information on vendor prices for high
capacity transmission equipment,
outside plant, fiber, and fiber
installation, and on prices for
nonregulated services that provide
similar or equivalent capabilities to
special access services, such as Ethernet
and packet-based services.
In the Special Access NPRM, the
Commission noted that an examination
of the current state of competition in the
marketplace is critical to a
determination of whether our pricing
flexibility rules have worked as
intended. We asked parties to comment
and provide data on whether DS–1
special access channel terminations
between the LEC end office and the
customer premises are in the same
product market as DS–3 and OCn
channel terminations. In light of rapid
changes in fiber technologies, we now
ask parties to comment on whether we
should further subdivide optical fiber
services into low capacity OCn services
(such as OC–3) and higher capacity OCn
services. We particularly seek
information as to how much capacity
competitors believe is necessary to
justify building new facilities to serve
customers.
This inquiry is also relevant to the
Commission’s analysis of demand
responsiveness. In the Special Access
NPRM, the Commission stated that
parties may demonstrate that the market
for a particular special access service is
not competitive by showing that a
significant number of an incumbent
price cap LEC’s customers cannot
purchase a comparable special access
service from an entity other than the
LEC. Parties are invited to comment on
whether any changes in the market have
affected the availability of comparable
alternatives. To the extent that parties
contend that continued regulation of
special access services is warranted, we
request that they provide specific
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Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Proposed Rules
proposals for an appropriate regulatory
scheme to assure reasonable rates and
conditions for special access services.
Finally, we ask parties to comment on
the analysis and findings in the GAO
Report summarizing GAO’s review of
competition in the market for special
access services.
Procedural Matters
mstockstill on PROD1PC66 with PROPOSALS
Ex Parte Requirements
This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. 47 CFR 1.1200 et seq.
Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentations must contain summaries
of the substance of the presentations
and not merely a listing of the subjects
discussed. More than a one- or twosentence description of the views and
arguments presented generally is
required. 47 CFR 1.1206(b)(2). Other
rules pertaining to oral and written
presentations are set forth at 47 CFR
1.1206(b).
Comment Filing Procedures
Pursuant to Commission rules
governing notices of proposed
rulemakings, interested parties may file
comments on or before August 8, 2007
and reply comments on or before
August 15, 2007. 47 CFR 1.415, 1.419.
All pleadings must reference WC Docket
No. 05–25 and RM–10593. Comments
may be filed using: (1) The
Commission’s Electronic Comment
Filing System (ECFS); (2) the Federal
Government’s eRulemaking Portal; or (3)
by filing paper copies. See Electronic
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121, May 1, 1998.
Comments may be filed electronically
using the Internet by accessing the ECFS
at https://www.fcc.gov/cgb/ecfs/ or the
Federal eRulemaking Portal: https://
www.regulations.gov. Filers should
follow the instructions provided on the
Web sites for submitting comments. For
ECFS filers, if multiple docket or
rulemaking numbers appear in the
caption of this proceeding, filers must
transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, U.S. Postal Service mailing
address, and the applicable docket or
rulemaking number. Parties may also
submit an electronic comment by
Internet e-mail. To get filing
instructions, commenters should send
an e-mail to ecfs@fcc.gov, and should
include the following words in the body
VerDate Aug<31>2005
19:03 Jul 24, 2007
Jkt 211001
of the message: ‘‘get form.’’ A sample
form and directions will be sent in
reply.
Parties who choose to file by paper
must file an original and four copies of
each filing. If more than one docket or
rulemaking number appear in the
caption of this proceeding, commenters
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). Parties are strongly encouraged to
file comments electronically using the
Commission’s ECFS. All filings must be
addressed to the Commission’s
Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications
Commission.
The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class, Express, and
Priority mail should be addressed to 445
12th Street, SW., Washington DC 20554.
Parties should also send a copy of
their filings to Margaret Dailey, Pricing
Policy Division, Wireline Competition
Bureau, Federal Communications
Commission, Room 5–A232, 445 12th
Street, SW., Washington, DC 20554, or
by e-mail to margaret.dailey@fcc.gov.
Parties shall also serve one copy with
the Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY–B402,
Washington, DC 20554, (202) 488–5300,
or via e-mail to fcc@bcpiweb.com.
Documents in WC Docket No. 05–25
and RM–10593 are available for public
inspection and copying during business
hours at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Washington, DC 20554. The documents
may also be purchased from BCPI,
telephone (202) 488–5300, facsimile
(202) 488–5563, TTY (202) 488–5562, email fcc@bcpiweb.com. These
documents may also be viewed on the
Commission’s Web site at https://
www.fcc.gov/. People with Disabilities:
To request materials in accessible
formats for people with disabilities
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(braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432 (tty).
List of Subjects
47 CFR Part 0
Organization and functions
(Government agencies).
47 CFR Part 1
Administrative practice and
procedure, Communications common
carriers, Telecommunications.
47 CFR Parts 61 and 69
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–14272 Filed 7–24–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 36 and 54
[WC Docket No. 03–109; DA 07–1241]
Wireline Competition Bureau Seeks To
Refresh the Record on Lifeline and
Link-Up
Federal Communications
Commission.
ACTION: Proposed rule, comments
requested.
AGENCY:
SUMMARY: By this document, the
Wireline Competition Bureau (Bureau)
seeks to refresh the record on issues
raised in the Further Notice of Proposed
Rulemaking, 69 FR 34629, June 22,
2004, in the Lifeline and Link-Up
docket. In that docket, the Commission
sought comment on whether the
income-based criterion in the federal
default eligibility criteria should be
increased to 150% of the Federal
Poverty Guidelines (FPG) to make
phone service affordable to more lowincome individuals and families. The
Commission also sought to explore
whether adoption of rules governing the
advertisement of the Lifeline/Link-Up
program, as opposed to guidelines,
would strengthen the operation of these
programs.
DATES: Comments are due on or before
August 24, 2007. Reply comments are
due on or before September 10, 2007.
ADDRESSES: All filings must be
addressed to the Commission’s
Secretary, Marlene H. Dortch, Office of
E:\FR\FM\25JYP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Proposed Rules]
[Pages 40814-40816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14272]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 61 and 69
[WC Docket No. 05-25; RM-10593; FCC 07-123]
Parties Asked To Refresh Record in the Special Access Notice of
Proposed Rulemaking
AGENCY: Federal Communications Commission.
[[Page 40815]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In the Special Access Notice of Proposed Rulemaking (NPRM),
the Commission commenced a broad examination of the regulatory
framework to apply to interstate special access services provided by
price cap local exchange carriers (LECs), including whether the special
access pricing flexibility rules that the Commission adopted in 1999
have worked as intended. This document invites interested parties to
update the record in light of industry developments.
DATES: Comments are due on or before August 8, 2007 and reply comments
are due on or before August 15, 2007.
ADDRESSES: You may submit comments, identified by WC Docket No. 05-25
and RM-10593, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
E-mail: ecfs@fcc.gov, and include the following words in
the body of the message: ``Get form.'' A sample form and directions
will be sent in response.
First-class or overnight U.S. Postal Service mail:
Secretary, Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
Detailed instructions for submitting comments, including how to submit
comments by hand, messenger delivery or by commercial overnight
courier, and additional information on the rulemaking process are
contained in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Margaret Dailey, Wireline Competition
Bureau, Pricing Policy Division (202) 418-1520,
margaret.dailey@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, FCC 07-12, released on July 9, 2007. The full text of this
document is available for public inspection during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Washington, DC 20554 and may be viewed on the Commission's
Web site at https://www.fcc.gov/.
Pursuant to the Commission's rules governing notices of proposed
rulemakings, 47 CFR 1.415, 1.419, the Commission invites interested
parties to update the record in this proceeding. In the Special Access
NPRM, 70 FR 19381, April 13, 2005, the Commission commenced a broad
examination of the regulatory framework to apply to interstate special
access services provided by price LECs, including whether the special
access pricing flexibility rules that the Commission adopted in 1999
have worked as intended. 47 CFR 69.701 et seq.; Pricing Flexibility
Order, 64 FR 51258, Sept. 22, 1999. On June 8, 2005, a Protective Order
was entered to enable parties to submit documents that contain
proprietary or confidential information and to ensure adequate
protection for such documents. In response to the Special Access NPRM,
the Commission received comments on June 13, 2005 and reply comments on
July 29, 2005.
Since these comments were filed, a number of developments in the
industry may have affected parties' positions on the issues raised in
the Special Access NPRM. These developments include a number of
significant mergers and other industry consolidations, the continued
expansion of intermodal competition in the market for
telecommunications services, which affects the uses of, and competition
to provide, a variety of special access services or alternatives; and
GAO's November 2006 release of Report 07-80 (GAO Report), which
summarizes its review of certain aspects of the market for special
access services. Accordingly, the Commission requests that parties
refresh the record in this proceeding to reflect the effects of these
developments. Parties should include any new information or arguments
that may be relevant to the Commission's consideration of what action,
if any, may be appropriate in this proceeding. We also ask parties to
address the specific questions below, which were not raised in the
Special Access NPRM. First, parties should comment on the effect of the
post Special Access NPRM mergers and other industry consolidation on
the availability of competitive special access facilities and
providers. Parties should also comment on the effect these mergers may
have had on scale economies or the profitability of special access
services. In addition, since the release of the Special Access NPRM,
demand for wireless voice and wireless broadband services has
increased, and special access has been an important input for these
services. We seek comment on how special access pricing affects the
price and availability of wireless services and the investment in and
deployment of wireless networks. In the Special Access NPRM, the
Commission sought comment on both the price and cost of special access
services, and on how costs for special access facilities should be
estimated. We seek comment here on methods that may be used to estimate
the costs of special access facilities, including whether models may
appropriately be used to estimate such costs. For example, cost and
engineering models have been used to estimate the cost of Unbundled
Network Elements. Could they also be used to estimate costs of special
access facilities? We note that a number of carriers have embarked on
significant upgrades to their networks to provide high capacity
services to their customers. We seek information on projected costs per
customer to deploy these facilities. To assist in the assessment of the
reasonableness of rates for special access services, we ask parties to
supplement the record with information on vendor prices for high
capacity transmission equipment, outside plant, fiber, and fiber
installation, and on prices for nonregulated services that provide
similar or equivalent capabilities to special access services, such as
Ethernet and packet-based services.
In the Special Access NPRM, the Commission noted that an
examination of the current state of competition in the marketplace is
critical to a determination of whether our pricing flexibility rules
have worked as intended. We asked parties to comment and provide data
on whether DS-1 special access channel terminations between the LEC end
office and the customer premises are in the same product market as DS-3
and OCn channel terminations. In light of rapid changes in fiber
technologies, we now ask parties to comment on whether we should
further subdivide optical fiber services into low capacity OCn services
(such as OC-3) and higher capacity OCn services. We particularly seek
information as to how much capacity competitors believe is necessary to
justify building new facilities to serve customers.
This inquiry is also relevant to the Commission's analysis of
demand responsiveness. In the Special Access NPRM, the Commission
stated that parties may demonstrate that the market for a particular
special access service is not competitive by showing that a significant
number of an incumbent price cap LEC's customers cannot purchase a
comparable special access service from an entity other than the LEC.
Parties are invited to comment on whether any changes in the market
have affected the availability of comparable alternatives. To the
extent that parties contend that continued regulation of special access
services is warranted, we request that they provide specific
[[Page 40816]]
proposals for an appropriate regulatory scheme to assure reasonable
rates and conditions for special access services. Finally, we ask
parties to comment on the analysis and findings in the GAO Report
summarizing GAO's review of competition in the market for special
access services.
Procedural Matters
Ex Parte Requirements
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 et seq. Persons making oral ex parte presentations are reminded
that memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of the
subjects discussed. More than a one- or two-sentence description of the
views and arguments presented generally is required. 47 CFR
1.1206(b)(2). Other rules pertaining to oral and written presentations
are set forth at 47 CFR 1.1206(b).
Comment Filing Procedures
Pursuant to Commission rules governing notices of proposed
rulemakings, interested parties may file comments on or before August
8, 2007 and reply comments on or before August 15, 2007. 47 CFR 1.415,
1.419. All pleadings must reference WC Docket No. 05-25 and RM-10593.
Comments may be filed using: (1) The Commission's Electronic Comment
Filing System (ECFS); (2) the Federal Government's eRulemaking Portal;
or (3) by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments may be filed
electronically using the Internet by accessing the ECFS at https://
www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: https://
www.regulations.gov. Filers should follow the instructions provided on
the Web sites for submitting comments. For ECFS filers, if multiple
docket or rulemaking numbers appear in the caption of this proceeding,
filers must transmit one electronic copy of the comments for each
docket or rulemaking number referenced in the caption. In completing
the transmittal screen, filers should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number. Parties may also submit an electronic comment by Internet e-
mail. To get filing instructions, commenters should send an e-mail to
ecfs@fcc.gov, and should include the following words in the body of the
message: ``get form.'' A sample form and directions will be sent in
reply.
Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). Parties are strongly encouraged to file comments
electronically using the Commission's ECFS. All filings must be
addressed to the Commission's Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class, Express, and Priority mail should be addressed to
445 12th Street, SW., Washington DC 20554.
Parties should also send a copy of their filings to Margaret
Dailey, Pricing Policy Division, Wireline Competition Bureau, Federal
Communications Commission, Room 5-A232, 445 12th Street, SW.,
Washington, DC 20554, or by e-mail to margaret.dailey@fcc.gov. Parties
shall also serve one copy with the Commission's copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
fcc@bcpiweb.com.
Documents in WC Docket No. 05-25 and RM-10593 are available for
public inspection and copying during business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW.,
Washington, DC 20554. The documents may also be purchased from BCPI,
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562,
e-mail fcc@bcpiweb.com. These documents may also be viewed on the
Commission's Web site at https://www.fcc.gov/. People with Disabilities:
To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (tty).
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies).
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Telecommunications.
47 CFR Parts 61 and 69
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-14272 Filed 7-24-07; 8:45 am]
BILLING CODE 6712-01-P
