Possible Revision or Elimination of Rules, 14871-14882 [2011-6444]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Proposed Rules]
[Pages 14871-14882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6444]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[DA 11-412]


Possible Revision or Elimination of Rules

AGENCY: Federal Communications Commission.

ACTION: Review of regulations; comments requested.

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SUMMARY: This document invites members of the public to comment on the 
Federal Communication Commission's (FCC's or Commission's) rules to be 
reviewed pursuant to section 610 of the Regulatory Flexibility Act of 
1980, as amended (RFA). The purpose of the review is to determine 
whether Commission rules whose ten-year anniversary dates are in the 
year 2009, as contained in the Appendix, should be continued without 
change, amended, or rescinded in order to minimize any significant 
impact the rules may have on a substantial number of small entities. 
Upon receipt of comments from the public, the Commission will evaluate 
those comments and consider whether action should be taken to rescind 
or amend the relevant rule(s).

DATES: Comments may be filed on or before May 17, 2011.

FOR FURTHER INFORMATION CONTACT: Sharon K. Stewart, Chief of Staff, 
Office of Communications Business Opportunities (OCBO), Federal 
Communications Commission, (202) 418-0990. People with disabilities may 
contact the FCC to request reasonable accommodations (accessible format 
documents, sign language interpreters, CART, etc.) by e-mail: 
FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554.

SUPPLEMENTARY INFORMATION: Each year the Commission will publish a list 
of ten-year old rules for review and comment by interested parties 
pursuant to the requirements of section 610 of the RFA.

Public Notice

FCC Seeks Comment Regarding Possible Revision or Elimination of Rules 
Under the Regulatory Flexibility Act, 5 U.S.C. 610

CB Docket No. 09-229
    Released:
    1. Pursuant to the Regulatory Flexibility Act (RFA), see 5 U.S.C. 
610, the FCC hereby publishes a plan for the review of rules adopted by 
the agency in calendar year 1999 which have, or might have, a 
significant economic impact on a substantial number of small entities. 
The purpose of the review is to determine whether such rules should be 
continued without change, or should be amended or rescinded, consistent 
with the stated objective of section 610 of the RFA, to minimize any 
significant economic impact of such rules upon a substantial number of 
small entities.
    2. This document lists the FCC regulations to be reviewed during 
the next twelve months. In succeeding years, as here, the Commission 
will publish a list for the review of regulations promulgated ten years 
preceding the year of review.
    3. In reviewing each rule in a manner consistent with the 
requirements of section 610 the FCC will consider the following 
factors:
    (a) The continued need for the rule;
    (b) The nature of complaints or comments received concerning the 
rule from the public;
    (c) The complexity of the rule;
    (d) The extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules and, to the extent feasible, with State and 
local governmental rules; and
    (e) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    4. Appropriate information has been provided for each rule, 
including a brief description of the rule and the need for, and legal 
basis of, the rule. The public is invited to comment on the rules 
chosen for review by the FCC according to the requirements of section 
610 of the RFA. All relevant and timely comments will be considered by 
the FCC before final action is taken in this proceeding.
    Comments may be filed using the Commission's Electronic Comment 
Filing System (``ECFS'') or by filing paper copies. Comments filed 
through the ECFS may be sent as an electronic file via the Internet to 
https://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic 
submission must be filed. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket (proceeding) and ``DA'' number.
    Parties may also submit an electronic comment by Internet e-mail. 
To obtain filing instructions for e-mail comments, 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. Again, please include the 
docket (proceeding) and ``DA'' number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St., SW., Room TW-A325, Washington, DC 20554. Again, please 
include the docket (proceeding) and ``DA'' number.
    The filing hours at this location are 8 a.m. to 7 p.m.

[[Page 14872]]

    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 mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
DC 20554.
     All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    Comments in this proceeding will be available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300 or 800-
378-3160, facsimile 202-488-5563, or via e-mail at fcc@bcniweb.com. 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).
    For information on the requirements of the RFA, the public may 
contact Carolyn Fleming Williams, Senior Deputy Director, Office of 
Communications Business Opportunities, 202-418-0990 or visit https://www.fcc.gov/ocbo.

Federal Communications Commission.
Thomas A. Reed,
Director, Office of Communications Business Opportunities.

Appendix

    List of rules for review pursuant to the Regulatory Flexibility 
Act of 1980, 5 U.S.C. 610, for the ten-year period beginning in the 
year 1999 and ending in the year 2009. All listed rules are in Title 
47 of the Code of Federal Regulations.

PART 1--PRACTICE AND PROCEDURE

Subpart E--Complaints, Applications, Tariffs, and Reports Involving 
Common Carriers

    Brief Description: The rules in Part 1, Subpart E, prescribe the 
procedures, format, and content of complaints, applications, 
tariffs, and reports involving common carriers. Section 1.774 sets 
forth procedures for petitions for pricing flexibility. This rule 
establishes the content of such petitions and sets forth the 
procedures for opposing such petitions and for requesting 
confidentiality. The rule also establishes the time period after 
which various petitions will be deemed granted if the Commission has 
not denied the petition.
    Need: Section 1.774 was adopted to establish procedures to 
implement the Commission's pricing flexibility framework by ensuring 
that the Commission's regulations did not interfere with the 
operation of competitive markets by removing services from price cap 
regulation as competition develops.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 155, 225 and 303(r).
    Section Number and Title:

1.774 Pricing flexibility.

Subpart F--Wireless Radio Services Applications and Proceedings

    Brief Description: Part 1 contains rules pertaining to 
Commission practices and procedures. Subpart F sets forth the rules 
governing the authorization and licensing of Wireless Radio 
Services.
    Need: These rules are needed to set forth the general 
application process and licensing rules for the Wireless Radio 
Services, including requirements for submitting applications that 
specify a mailing address for receiving service and correspondence 
and coordinating the assignment of frequencies near the Canada-
United States borders.
    Legal Basis: 47 U.S.C. 154, 161, 303 and 332.
    Section Number and Title:

1.923(i) Content of applications.
1.928 Frequency coordination, Canada.

Subpart Z--Communications Assistance for Law Enforcement Act 
[CALEA]

    Brief Description: Part 1 contains rules pertaining to 
Commission practices and procedures. Subpart Z specifies that all 
carriers subject to CALEA must comply with the assistance capability 
requirements of CALEA section 103 and the systems security and 
integrity requirements of CALEA section 105, and also lists the 
specific capability requirements pertaining to cellular, PCS, and 
wireline carriers. This subpart contains inter alia, rules that 
require a telecommunications carrier to ensure that any interception 
of communications or access to call-identifying information effected 
within its switching premises can be activated only in accordance 
with appropriate legal authorization, appropriate carrier 
authorization, and with the affirmative intervention of an 
individual officer or employee of the carrier acting in accordance 
with regulations prescribed by the Commission.
    Need: These rules implement provisions of the Communications 
Assistance for Law Enforcement Act (CALEA), Public Law 103-414, 108 
Stat. 4279 (1994) (codified as amended in sections of 18 U.S.C. and 
47 U.S.C.). In 1999 the CALEA rules were added to Parts 22, 24 and 
64. In 2006, the Commission consolidated the CALEA rules in new 
Subpart Z. The Commission also substantially modified the CALEA 
rules in 2006 in order to implement the statutory requirements of 
Section 103.
    Legal Basis: 47 U.S.C. 151, 154(i), 157(a), 229, 301, 303 and 
332.
    Section Number and Title:

1.20000 Purpose.
1.20001 Scope.
1.20002 Definitions.
1.20003 Policies and provisions for employee control.
1.20004 Maintaining secure and accurate records.
1.20005 Submission of policies and procedures and Commission review.
1.20006 Assistance capability requirements.
1.20007 Additional assistance capability requirements for wireline, 
cellular, and PCS telecommunications carriers.
1.20008 Penalties.

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

Subpart J--Equipment Authorization Procedures

    Brief Description: These rules specify conditions associated 
with grant of equipment authorization under the Commission's rules.
    Need: The rules provide procedures and conditions under which 
grants can be dismissed, limited and revoked. The rules also specify 
measurement procedures to be applied generally for radiofrequency 
devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303 and 336.
    Section Number and Title:

2.960 Designation of Telecommunications Certification Bodies (TCBs).
2.962 Requirements for Telecommunications Certification Bodies.
2.1033 Application for certification.
2.1204 Import conditions.
2.1205 Filing of required declaration.

PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)

Subpart A--General

    Brief Description: The Part 5 rules prescribe the manner in 
which eligibility, application, licensing and operating procedures 
and requirements of the radio frequency spectrum may be made 
available for experimentation.
    Need: These rules permit experimentation in new radio technology 
and applications while ensuring the protection of incumbent 
services.
    Legal Basis: 47 U.S.C. 154, 302 and 303.
    Section Number and Title:

5.3 Scope of service.

Subpart B--Applications and Licenses

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

5.59 Forms to be used.

[[Page 14873]]

5.61 Procedure for obtaining a special temporary authorization.
5.89 School and student authorizations.
5.105 Authorized bandwidth.
5.109 Antenna and tower requirements.

PART 6--ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS 
EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH 
DISABILITIES

Subpart A--Scope--Who Must Comply With These Rules?

    Brief Description: Part 6 of the Commission's rules was adopted 
in 1999. These rules set forth the scope of the manufacturers and 
telecommunications providers which shall ensure that their equipment 
and services are accessible to and usable by persons with 
disabilities, if readily achievable; and define the types of 
accessibility obligations and processes for enforcement.
    Need: Under section 255 of the Communications Act of 1934, as 
amended, manufacturers and telecommunications service providers 
shall ensure that people with disabilities have access to 
telecommunications services and related equipment, if readily 
achievable. Furthermore, where it is not readily achievable for 
equipment or services to be made accessible to and usable by 
individuals with disabilities, the manufacturer or service provider 
shall ensure that the equipment or services are compatible with 
existing peripheral devices or specialized customer premises 
equipment commonly used by individuals with disabilities to secure 
access, if readily achievable. The rules implementing section 255 
are designed to increase the accessible products and services 
available in the marketplace.
    Legal Basis: 47 U.S.C. 151-154, 201(b), 208, 251(a)(2), 255 and 
303(r).
    Section Number and Title:

6.1 Applicability.

Subpart B--Definitions

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

6.3 Definitions.

Subpart C--Obligations--What Must Covered Entities Do?

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

6.5 General obligations.
6.7 Product design, development and evaluation.
6.9 Information pass through.
6.11 Information, documentation, and training.

Subpart D--Enforcement

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

6.15 Generally.
6.16 Informal or formal complaints.
6.17 Informal complaints; form and content.
6.18 Procedure; designation of agents for service.
6.19 Answers to informal complaints.
6.20 Review and disposition of informal complaints.
6.21 Formal complaints, applicability of 1.720 through 1.736 of this 
chapter.
6.22 Formal complaints based on unsatisfied informal complaints.
6.23 Actions by the Commission on its own motion.

PART 7--ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND 
EQUIPMENT BY PEOPLE WITH DISABILITIES

Subpart A--Scope--Who Must Comply With These Rules?

    Brief Description: Part 7 of the Commission's rules was adopted 
in 1999. These rules set forth the scope of manufacturers and 
information service providers which shall ensure that their 
voicemail and interactive menu equipment and services are accessible 
to and usable by persons with disabilities, if readily achievable; 
and define the types of accessibility obligations and processes for 
enforcement.
    Need: Under section 255 of the Communications Act, manufacturers 
and telecommunications service providers shall ensure that people 
with disabilities have access to telecommunications services and 
related equipment, if readily achievable. Furthermore, where it is 
not readily achievable for equipment or services to be made 
accessible to and usable by individuals with disabilities, the 
manufacturer or service provider shall ensure that the equipment or 
services are compatible with existing peripheral devices or 
specialized customer premises equipment commonly used by individuals 
with disabilities to secure access, if readily achievable. The 
Commission asserted its ancillary jurisdiction to apply section 255 
to providers of voicemail and interactive menu service, and to the 
manufacturers of equipment that perform those functions. In doing 
so, the Commission recognized that in order to carry out 
meaningfully the accessibility requirements of section 255, 
requirements comparable to those under section 255 should apply to 
these two information services, which are critical to making 
telecommunications accessible to and usable by people with 
disabilities.
    Legal Basis: 47 U.S.C. 151-154, 201(b), 208, 251(a)(2), 255 and 
303(r).
    Section Number and Title:

7.1 Who must comply with these rules?

Subpart B--Definitions

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

7.3 Definitions.

Subpart C--Obligations--What Must Covered Entities Do?

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

7.5 General obligations.
7.7 Product design, development, and evaluation.
7.9 Information pass through.
7.11 Information, documentation and training.

Subpart D--Enforcement

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

7.15 Generally.
7.16 Informal or formal complaints.
7.17 Informal complaints; form and content.
7.18 Procedure; designation of agents for service.
7.19 Answers to informal complaints.
7.20 Review and disposition of informal complaints.
7.21 Formal complaints, applicability of 1.720 through 1.736 of this 
chapter.
7.22 Formal complaints based on unsatisfied informal complaints.
7.23 Actions by the Commission on its own motion

PART 13--COMMERCIAL RADIO OPERATORS

    Brief Description: The Part 13 rules prescribe the manner and 
conditions under which commercial radio operators are licensed by 
the Commission.
    Need: These rules specify the authority conveyed by Part 13 
Commercial Radio Operator licenses and require applicants for 
Commercial Radio Operator licenses (except applicants for a 
Restricted Radiotelephone Operator Permit and Restricted 
Radiotelephone Operator Permit--Limited Use) to specify a mailing 
address.
    Legal Basis: 47 U.S.C. 154 and 303, and applicable treaties and 
agreements to which the United States is a party.
    Section Number and Title:

13.8 Authority conveyed.
13.10 Licensee address.

PART 15--RADIO FREQUENCY DEVICES

Subpart A--General

    Brief Description: These rules sets out the regulations under 
which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. These rules contain the 
technical specifications, administrative requirements and other 
conditions relating to the marketing of part 15 devices.
    Need: These rules are necessary to promote the efficient use of 
the radio spectrum by preventing harmful interference to licensed 
radio services that share the same spectrum or nearby spectrum as 
unlicensed devices.
    Legal Basis: 47 U.S.C. 154, 302a, 303, 304, 307, 336 and 544a.
    Section Number and Title:


[[Page 14874]]


15.3 Definitions.
15.37 Transition provisions for compliance with the rules.

Subpart B--Unintentional Radiators

    Brief Description, Need and Legal Basis: See Subpart A above.
    Section Number and Title:

15.101 Equipment authorization of unintentional radiators.
15.121 Scanning receivers and frequency converters used with 
scanning receivers.

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

Subpart B--Applications and Authorizations General

    Brief Description: These rules specify the technical standards 
and other requirements for certain equipment or appliances that 
generate and use locally radiofrequency energy for industrial, 
scientific, medical purposes, excluding telecommunications 
applications, to be marketed and operated within the United States.
    Need: These rules are needed to regulate industrial, scientific 
and medical (ISM) equipment that emits electromagnetic energy on 
frequencies within the radiofrequency spectrum in order to prevent 
harmful interference to authorized radio communications services.
    Legal Basis: 47 U.S.C. 4, 301, 302, 303, 304 and 307.
    Section Number and Title:

18.213 Information to the user.

Subpart C--Technical Standards

    Brief Description, Need and Legal Basis: See entry immediately 
above.
    Section Number and Title:

18.307 Conduction limits.

PART 20--COMMERCIAL MOBILE RADIO SERVICES

Subpart B--Common Carrier Services

    Brief Description: These rules set forth the requirements and 
conditions applicable to commercial mobile radio service providers.
    Need: This rule establishes the 218-219 MHz Service as a 
commercial mobile radio service.
    Legal Basis: 47 U.S.C. 154, 160, 201, 251-254, 303 and 332.
    Section Number and Title:

20.9(a)(12) Commercial mobile radio service.

PART 22--PUBLIC MOBILE SERVICES

Subpart B--Licensing Requirements and Procedures

    Brief Description: The Part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and 
Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. 
Subpart B sets forth rules governing the licensing requirements and 
procedures regarding the operation of cellular radiotelephone 
systems.
    Need: These rules are needed to implement the Commission's 
competitive bidding authority under 47 U.S.C. 309(j). Section 22.213 
informs the public that, after an auction, the Commission will 
accept long form applications for paging geographic authorizations 
only from the auction winners and parties seeking partitioned 
authorizations with auction winners.
    Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
    Section Number and Title:

22.213 Filing of long-form applications.

Subpart E--Paging and Radiotelephone Service

    Brief Description: The Part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and 
Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. 
Subpart E sets forth rules governing the licensing and operations of 
paging and radiotelephone service.
    Need: These rules establish requirement for partitioning 
licenses and disaggregating spectrum, and permit Part 22 licensees 
to keep certain antenna information on file and produce it upon 
request, instead of requiring mandatory filing with the Commission.
    Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
    Section Number and Title:

22.513 Partitioning and disaggregation.
22.529(c) Applications requirements for the Paging and 
Radiotelephone Service.

Subpart F--Rural Radiotelephone Service

    Brief Description: The Part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and 
Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. 
Subpart F sets forth rules governing the licensing and operations of 
rural radiotelephone service.
    Need: This rule permits Part 22 licensees to keep certain 
antenna information on file and produce it upon request, instead of 
requiring mandatory filing with the Commission.
    Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
    Section Number and Title:

22.709(f) Rural radiotelephone service application requirements.

Subpart H--Cellular Radiotelephone Service

    Brief Description: The Part 22 rules state the conditions under 
which radio stations may be licensed and used in the Paging and 
Rural, Air-Ground, Cellular and Offshore Radiotelephone Services. 
Subpart H sets forth rules governing the licensing and operations of 
cellular radiotelephone service.
    Need: These rules require that analog cellular phones include a 
separate capability for processing 911 calls that permits those 
calls to be handled, where necessary, by either cellular carrier in 
the area, and permit Part 22 licensees to keep certain antenna 
information on file and produce it upon request, instead of 
requiring mandatory filing with the Commission.
    Legal Basis: 47 U.S.C. 154, 310, 302, 303, 309 and 332.
    Section Number and Title:

22.921 911 Call processing procedures; 911-only calling mode.
22.929(d) Application requirements for the Cellular Radiotelephone 
Service.

PART 25--SATELLITE COMMUNICATIONS

    Brief Description: Section 25.200 created a voluntary equipment 
authorization procedure for certain kinds of mobile earth station 
terminals.
    Need: This rule is not needed. It was removed from the CFR in 
2002.
    Legal Basis: 47 U.S.C. 701-744.
    Section Number and Title:

25.200 Interim Equipment Authorization.

PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS

    Brief Description: Part 42 implements sections 219 and 220 of 
the Communications Act of 1934, as amended, which authorize the 
Commission to require communications common carriers to keep records 
and file reports. The Part 42 rules facilitate enforcement of the 
Communications Act by ensuring the availability of communication 
common carrier records needed by the Commission to meet its 
regulatory obligations.
    Need: Section 42.10 requires non-dominant interexchange carriers 
to make available to any member of the public in at least one 
location, during normal business hours information concerning the 
rates, terms, and conditions for their international and interstate, 
domestic, interexchange services. Section 42.10 also requires that 
non-dominant interexchange carriers that maintain Internet Web sites 
make this information available online. Section 42.10 was adopted to 
enable the Commission to meet its statutory duty of ensuring that 
rates, terms and conditions for these services are just, reasonable, 
and not unreasonably discriminatory and to investigate and resolve 
complaints about such services. Although it might be preferable 
merely to require that the information be made available on the 
Internet, until such a rule is promulgated, Section 42.10 ensures 
that the information is available to consumers.
    Legal Basis: 47 U.S.C. 154(i), 219 and 220.
    Section Number and Title:
42.10 Public availability of information concerning interexchange 
services.

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    Brief Description: Section 43.51(f) provides the procedures for 
carriers to request confidential treatment of the filing of 
contracts covering service on an international route and the rates, 
terms, and conditions

[[Page 14875]]

that govern the settlement of U.S. international traffic.
    Need: The filing of contracts by U.S. carriers provides a 
valuable tool to the Commission to ensure that U.S. carriers do not 
enter into arrangements that would allow the foreign carrier to 
exercise its market power to the detriment of U.S. consumers. Public 
disclosure of such contracts, however, may have a chilling effect on 
pro-competitive termination arrangements because parties may be more 
reluctant to conclude arrangements that must be disclosed publicly. 
This rule balances these two competing concerns of promoting 
competition, while precluding the abuse of foreign market power by 
allowing confidential treatment of the contracts.
    Legal Basis: 47 U.S.C. 154.

    Section Number and Title:

43.51(f) Contracts and concessions.

PART 51--INTERCONNECTION

Subpart D--Additional Obligations of Incumbent Local Exchange 
Carriers

    Brief Description: This subsection generally implements section 
251(c) of the Communications Act of 1934, as amended. Section 51.321 
requires incumbent local exchange carriers to provide any 
technically feasible method of obtaining interconnection or access 
to unbundled network elements at a particular point upon request by 
a telecommunications carrier, on terms and conditions that are just, 
reasonable, and non-discriminatory. Paragraph (h) establishes the 
parameters for the available collocation space reports that 
incumbent LECs must provide to requesting carriers seeking 
collocation. Paragraph (i) requires incumbent LECs to remove 
obsolete, unused equipment upon request in order to make more 
collocation space available.
    Need: These rules are necessary to foster a competitive market 
in the telecommunications industry, and to promote the deployment of 
broadband infrastructure and other network investment. These rules 
also ensure that competitors receive prompt and accurate notice of 
changes that could affect their ability to interconnect with the 
incumbent's network.
    Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (3) and 251(d).
    Section Number and Title:

51.321(h), (i) Methods of obtaining interconnection and access to 
unbundled elements under section 251 of the Act.
    Brief Description: This subsection generally implements section 
251(c) of the Communications Act of 1934, as amended. Section 51.323 
establishes the standards incumbent LECs must meet in order to 
comply with their obligation to provide physical and virtual 
collocation. Paragraph k enumerates the requirements for physical 
collocation via caged, cageless, and adjacent space arrangements.
    Need: These rules are necessary to foster a competitive market 
in the telecommunications industry, and to promote the deployment of 
broadband infrastructure and other network investment. These rules 
also ensure that competitors receive prompt and accurate notice of 
changes that could affect their ability to interconnect with the 
incumbent's network.
    Legal Basis: 47 U.S.C. 251(a), 251(c)(2) and (6) and 251(d).
    Section Number and Title:

51.323(k) Standards for physical collocation and virtual 
collocation.
    Brief Description: This subsection generally implements section 
251(c) of the Communications Act of 1934, as amended. Section 51.325 
requires incumbent LECs to provide public notice regarding network 
changes generally, and paragraph (a)(3) specifically requires public 
notice of network changes that will affect the manner in which 
customer premises equipment is attached to the interstate network.
    Need: These rules are necessary to foster a competitive market 
in the telecommunications industry, and to promote the deployment of 
broadband infrastructure and other network investment. These rules 
also ensure that competitors receive prompt and accurate notice of 
changes that could affect their ability to interconnect with the 
incumbent's network.
    Legal Basis: 47 U.S.C. 251(a), 251(c)(6) and 251(d).
    Section Number and Title:

51.325(a)(3) Notice of network changes: Public notice requirement.

PART 54--UNIVERSAL SERVICE

Subpart D--Universal Service Support for High Cost Areas

    Brief Description: These rules specify the requirements for the 
high-cost support mechanism. These rules establish how high-cost 
support will be calculated and distributed to eligible 
telecommunications providers.
    Need: In implementing statutory requirements for the high-cost 
program of the universal service support mechanism, these rules 
ensure that rates in rural, insular and high-cost areas are 
``reasonably comparable'' to rates charged for similar services in 
urban areas.
    Legal Basis: 47 U.S.C. 254(b).
    Section Number and Title:

54.307(c) Support to a competitive eligible telecommunications 
carrier.
54.309 Calculation and distribution of forward-looking support for 
non- rural carriers.
54.311 Interim hold-harmless support for non-rural carriers.
54.313 State certification of support for non-rural carriers.

Subpart G--Universal Service Support for Health Care Providers

    Brief Description: These rules specify the requirements for 
participation in the Rural Health Care Program of the universal 
service support mechanism. The rules establish the requirements for 
eligible health care providers, and the services eligible for 
discounted support. The rules also establish procedures for the 
application process, competitive bidding process, and the 
distribution of support. Finally, these rules establish 
recordkeeping and auditing requirements.
    Need: In implementing statutory requirements for the Rural 
Health Care support mechanism, these rules ensure that discounts are 
available to eligible rural health care providers for 
telecommunications services and monthly Internet access service 
charges.
    Legal Basis: 47 U.S.C. 254(h)(2)(A).
    Section Number and Title:

54.609(a)(1) and (2) Calculating support.
54.613 Limitations on supported services for rural health care 
providers.

Subpart H--Administration

    Brief Description: These rules specify the requirements 
regarding the Universal Service Administrative Company, as the 
permanent Administrator for the universal service support mechanism. 
These rules establish the Administrator's functions and 
responsibilities, as well as the composition of the Administrator's 
Board of Directors and Committees. These rules also establish 
requirements regarding contributions and contributor reporting 
requirements.
    Need: In implementing statutory requirements for the universal 
service support mechanism, these rules provide the framework and 
requirements for the administration of the program.
    Legal Basis: 47 U.S.C. 254.
    Section Number and Title:

54.706(d) Contributions.
54.708 De minimis exemption.
54.711 Contributor reporting requirements.

PART 61--TARIFFS

Subpart A--General

    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: Section 61.3 (nn), (oo), and (pp) were adopted to define 
terms used elsewhere in the Commission's tariff regulations 
applicable to interstate, domestic, interexchange services.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.3(nn), (oo), and (pp) Definitions.

Subpart C--General Rules for Nondominant Carriers

    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: The Part 61, Subpart C rules apply to non-dominant 
carriers. Section 61.18 sets

[[Page 14876]]

forth the scope of the Subpart C rules. Section 61.22(c)(2) and (e) 
were adopted to allow carriers to reduce the administrative burden 
associated with tariff filings.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.18 Scope.
61.22(c)(2), and (e) Composition of tariffs.

Subpart D--General Tariff Rules for International Dominant Carriers

    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: The Part 61, Subpart D rules apply to international 
dominant carriers. Section 61.28 was adopted to specify tariff 
filing requirements for such carriers to ensure rates are just, 
reasonable, and not unjustly or unreasonably discriminatory.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.28 International dominant carrier tariff filing requirements.

Subpart E--General Rules for Dominant Carriers

    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: The Part 61, Subpart E rules apply to dominant carriers. 
Section 61.31 sets forth the scope of the Subpart E rules. Section 
61.38(g) and (f) specify tariff filing procedures designed to allow 
consumers to determine with which tariffs supporting information is 
associated. Section 61.42(d)(4)(ii) allows carriers to remove 
certain tolls from their interexchange baskets under certain 
conditions.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.31 Scope.
61.38(g) and (f) Supporting information to be submitted with letters 
of transmittal.
61.42(d)(4)(ii) Price cap baskets and service categories.
    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: Section 61.46 was adopted to specify to carriers how, in 
connection with any price cap tariff filing proposing rate changes, 
the carrier must calculate its Actual Price Index (API) for each 
affected basket and what revenues and elements must be included in 
the calculation and appropriate methodologies to be used in making 
the required calculations. Section 61.47 was adopted to specify the 
appropriate calculation methodology to determine the Service Band 
Index (SBI) value for each affected service category, subcategory or 
density zone when a price cap tariff filing proposes changes to such 
categories. Section 61.47 also limits the data that may be included 
in the required calculations. Section 61.49 was adopted to assist 
carriers by detailing the information to be filed with each price 
cap tariff filing as appropriate. Section 61.54 was adopted to 
inform tariff filers of formatting requirements for each tariff 
filing. Section 61.55 was adopted to provide the detailed 
information required when price cap carriers file contract-based 
tariffs pursuant to section 69.727(a). Section 61.58 was adopted to 
detail the specific number of days required to provide adequate 
notice of various types of tariff filings.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.46(i) Adjustments to the API.
61.47(k) Adjustment to the SBI; pricing bands.
61.49(f)(3), (f)(4), (l) Supporting information to be submitted with 
letters of transmittal for tariffs of carriers subject to price cap 
regulation.
61.54(c)(1)(ii), (c)(3)(ii) Composition of tariffs.
61.55 Contract-based tariffs.
61.58(b), (c), (d), (e)(3) Notice requirements.

Subpart F--Specific Rules for Tariff Publications of Dominant and 
Nondominant Carriers

    Brief Description: The Part 61 rules are designed to implement 
the provisions of sections 201, 202, 203, and 204 of the 
Communications Act of 1934, as amended, and ensure that rates are 
just, reasonable, and not unjustly or unreasonably discriminatory. 
These rules govern the filing, form, content, public notice periods, 
and accompanying support materials for tariffs.
    Need: Section 61.66 was adopted to set forth the carriers to 
which Part 61, Subpart F applies. Section 61.69 was adopted to 
detail consequences when the Commission rejects a tariff. Section 
61.74 was adopted to assist carriers by detailing the limited 
instances when a tariff filing entity may make reference to any 
other tariff, document or instrument in a tariff publication.
    Legal Basis: 47 U.S.C. 151, 154(i), 154(j), 201-205 and 403.
    Section Number and Title:

61.66 Scope.
61.69 Rejection.
61.74(e), (f) References to other instruments.

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

    Brief Description: Part 63 implements Section 214 of the Act, 
which provides that no carrier shall undertake the construction of a 
new line or extension of any line, or shall acquire or operate any 
line, or extension thereof, without first having obtained a 
certificate from the Commission that the present or future public 
convenience and necessity require the construction and/or operation 
of such extended line. Section 402(b)(2)(a) of the 
Telecommunications Act of 1996 exempted line extensions and video 
programming systems from this requirement, and subsection 63.02 
implements this exemption.
    Need: The purpose of the 1996 Act is ``to promote competition 
and reduce regulation in order to secure lower prices and higher 
quality services for American telecommunications consumers and 
encourage the rapid deployment of new telecommunications 
technologies.'' Consistent with this broad purpose, Congress enacted 
Section 402(b)(2)(A), intending to ``eliminate the Section 214 
approval requirement for extension of lines.''
    Legal Basis: 47 U.S.C. 214.
    Section Number and Title:

63.02 Exemptions for extensions of lines and for systems for the 
delivery of video programming.

    Brief Description: These rules set forth definitions, 
requirements, and conditions applicable to international Section 214 
applications and authorizations to provide global facilities-based 
and global resale services, including specific information 
requirements for applications to provide service and required 
certifications thereof. The rules establish the procedures for 
streamlined processing of international Section 214 applications, 
state specific prohibitions to the acceptance of, or the agreement 
to accept in the future, special concessions by an international 
Section 214 authorized carrier from a foreign carrier that holds 
sufficient market power on the foreign end of the route to affect 
competition adversely in the U.S., and establish a requirement for 
an authorized carrier or a subsidiary to notify the Commission of 
name change. The rules also state the requirements and procedures 
pertinent to pro forma and substantial assignment and transfer of 
control transactions of international section 214 authorizations. 
The rules require carriers to file all notifications and other 
filings electronically through the International Bureau Filing 
System (IBFS).
    Need: These rules are needed to provide the framework applicable 
to international Section 214 authorizations and establish the 
general applications, procedures, conditions and restrictions to 
ensure that carriers and affiliates providing services on 
international routes meet statutory requirements for designated 
global facilities-based and global resale telecommunication 
services.

[[Page 14877]]

    Legal Basis: 47 U.S.C. 151, 154, 160, 201-205, 214, 218 and 403.
    Section Number and Title:

63.09 Definitions applicable to international Section 214 
authorizations.
63.10 (c)(5) and (e) Regulatory classification of U.S. international 
carriers.
63.12(a), (b), (c)(1) Processing of international Section 214 
applications.
63.18 (j) through (n) Contents of applications for international 
common carriers.
63.21(h) and (i) Conditions applicable to all international Section 
214 authorizations.
63.22 Facilities-based international common carriers.
63.23 Resale-based international common carriers.
63.24 Assignments and transfers of control.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment By Communications Common Carriers; Telephone Operator 
Services

    Brief Description: The Part 64, Subpart G rules are designed to 
protect consumers. These rules help ensure that carriers provide end 
users with the information necessary, in a clear format, to make 
informed decisions about their service options.
    Need: Section 64.709 was adopted to ensure that operator service 
providers meet the specific requirements of section 226(h)(1)(A) of 
the Communications Act of 1934, as amended, when they file 
informational tariffs detailing their rates and that parties are not 
exposed to undue risk of fraud.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 225, 226, 228, 254(k) 
and 403(b)(2)(B), (c).
    Section Number and Title:

64.709 Informational tariffs.

Subpart I--Allocation of Costs

    Brief Description: The Part 64, Subpart I rules detail the 
acceptable cost allocation processes for carriers required to 
separate their regulated costs from nonregulated costs. These rules 
help to ensure that carriers compete fairly in nonregulated markets 
and that regulated ratepayers do not bear the risks and burdens of 
the carriers' competitive, or nonregulated, ventures.
    Need: Section 64.904 was adopted to detail acceptable methods of 
compliance with the requirement that carriers that must file cost 
allocation manuals have those filings reviewed by an independent 
auditor every two years.
    Legal Basis: 47 U.S.C. 154, 201, 218, 222, 225, 226, 228, 254(k) 
and 403(b)(2)(B), (c).
    Section Number and Title:

64.904(b) Independent audits.

Subpart K--Changes in Preferred Telecommunications Service 
Providers

    Brief Description: These rules govern the unauthorized switching 
of subscribers' preferred telecommunications carriers, an activity 
more commonly known as ``slamming.'' These rules are designed to 
take the profit out of slamming, and to protect consumers and 
authorized carriers from unauthorized carrier changes by ensuring 
that consumers have verified their intent to switch providers when 
authorizing a carrier change. In 1999, the Commission bolstered its 
efforts to combat slamming by adding four sections to the slamming 
rules (section 64.1180 was subsequently removed). Section 64.1130, 
originally promulgated as 64.1160, details the use of letters of 
agency as a form of authorizing and/or verifying a subscriber's 
request to change his or her preferred carrier selection. Section 
64.1170 sets forth procedures for reimbursing subscribers who have 
already paid charges to an unauthorized carrier. Section 64.1190 
provides further protection against slamming by enabling a 
subscriber to ``freeze'' his or her preferred carrier selection, 
unless the subscriber gives the carrier from whom the freeze was 
requested his or her express consent to a change.
    Need: These rules are intended to deter and ultimately eliminate 
unauthorized changes in subscribers telecommunications carriers. The 
rules absolve subscribers of liability for slamming charges in order 
to ensure that carriers do not profit from slamming activities, and 
seek to protect consumers from the confusion and inconvenience they 
would experience as a result of being slammed.
    Legal Basis: 47 U.S.C. 151, 154, 201-205, 258 and 303(r).
    Section Number and Title:

64.1130 Letter of agency form and content.
64.1170 Reimbursement procedures where the subscriber has paid 
charges.
64.1190 Preferred carrier freezes.

Subpart U--Customer Proprietary Network Information

    Brief Description: Subpart U implements the provisions of 
section 222 of the Act concerning customer proprietary network 
information (CPNI). Section 64.2005 describes the circumstances 
under which carriers may, and may not, use, disclose or permit 
access to customer CPNI without prior customer approval. Paragraph 
(d) allows carriers to use, disclose, or permit access to CPNI to 
protect the rights or property of the carrier, or to protect users 
of the carrier's services and other carriers from fraudulent, 
abusive, or unlawful use of or subscription to such services.
    Need: The CPNI regulations in section 222 are largely consumer 
protection provisions that establish restrictions on carrier use and 
disclosure of personal customer information. The statutory design 
expressly recognizes the duty of all carriers to protect customer 
information and embodies the principle that customers must be able 
to control information they view as sensitive and personal from use, 
disclosure, and access by carriers. These rules further Congress' 
goals of fostering competition in telecommunications markets and 
ensuring the privacy of customer information.
    Legal Basis: 47 U.S.C. 222.
    Section Number and Title:
64.2005(d) Use of customer proprietary network information without 
customer approval.

Subpart X--Subscriber List Information

    Brief Description: Section 222(e) of the Communications Act 
requires carriers providing telephone exchange service to provide 
subscriber list information to requesting directory publishers ``on 
a timely and unbundled basis, under nondiscriminatory and reasonable 
rates, terms, and conditions.'' Subpart X implements this statutory 
provision, addressing third-party rights to subscriber list 
information, which includes listed subscribers' names, addresses and 
telephone numbers, as well as headings under which businesses are 
listed in yellow pages directories. Subsection 64.2301 lays out the 
basis and purpose of the rules in this Subpart, and subsection 
64.2305 defines the relevant terms referenced in Subpart X.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2301 Basis and purpose.
64.2305 Definitions.
    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2309 requires 
telecommunications carriers that provide telephone exchange service 
to provide subscriber list information gathered in its capacity as a 
provider of such service on a timely and unbundled basis, under 
nondiscriminatory and reasonable rates, terms, and conditions, to 
any person upon request for the purpose of publishing directories in 
any format.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2309 Provision of subscriber list information.
    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2313 establishes what 
constitutes providing subscriber list information on a ``timely'' 
basis for the purposes of Subsection 64.2309. Subsection 64.2317 
establishes the parameters for providing subscriber list information 
on an ``unbundled'' basis for the purposes of Subsection 64.2309.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the

[[Page 14878]]

development of competition in directory publishing by ensuring that 
competing directory publishers can obtain subscriber list 
information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2313 Timely basis.
64.2317 Unbundled basis.
    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2321 establishes that 
telephone exchange service providers meet the ``nondiscriminatory 
rates, terms, and conditions'' provision of subsection 64.2309 only 
if the carrier provides such information at the same rates, terms, 
and conditions that the carrier provides the information to its own 
directory publishing operation, its directory publishing affiliate, 
or other directory publishers. Subsection 64.2325 establishes the 
requirements for telephone exchange service providers to meet the 
``reasonable rates, terms, and conditions'' provision of Subsection 
64.2309.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2321 Nondiscriminatory rates, terms, and conditions.
64.2325 Reasonable rates, terms, and conditions.
    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2329 establishes the format 
in which carriers must provide subscriber list information to a 
requesting directory publisher.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222.
    Section Number and Title:

64.2329 Format.

    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2333 establishes who bears 
the burden of proof in proceedings to resolve disputes over the 
rates, terms, or conditions that a telephone exchange carrier seeks 
to impose on a requesting directory publisher.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2333 Burden of proof.

    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2337 requires third-party 
directory publishers to use subscriber list information only for the 
purpose of publishing directories, and defines the term ``for the 
purpose of publishing directories.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2337 Directory publishing purposes.

    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2341 sets retention periods 
for carriers to retain written contracts executed for the provision 
of subscriber list information for directory publishing and to 
maintain records of any of their rates, terms, and conditions for 
providing subscriber list information which are not set forth in a 
written contract.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2341 Record keeping.

    Brief Description: Subpart X implements Section 222(e) of the 
Act, addressing third-party rights to subscriber list information, 
which includes listed subscribers' names, addresses and telephone 
numbers, as well as headings under which businesses are listed in 
yellow pages directories. Subsection 64.2345 describes primary 
advertising classifications and when such classifications apply.
    Need: Subpart X is intended to implement Section 222(e) of the 
Act and encourage the development of competition in directory 
publishing by ensuring that competing directory publishers can 
obtain subscriber list information from LECs.
    Legal Basis: 47 U.S.C. 222(e).
    Section Number and Title:

64.2345 Primary advertising classification.

Subpart Y--Truth-In-Billing Requirements for Common Carriers

    Brief Description: These rules govern the billing practices of 
telecommunications service providers. The rules provide that 
consumer telephone bills must be clearly organized, clearly identify 
the service provider, and highlight any new providers. In addition, 
the rules require that bills contain full and non-misleading 
descriptions of charges that appear therein. Where a bill contains 
charges for basic local service in addition to other charges, the 
rules require that the bill distinguish between charges for which 
non-payment will result in disconnection of basic, local service, 
and charges for which non-payment will not result in such 
disconnection. Bills must also contain clear and conspicuous 
disclosure of any information the consumer may need to make 
inquiries about, or contest, charges on the bill, including a toll-
free number by which subscribers may inquire about or dispute any 
charges on the bill.
    Need: These rules are intended to reduce ``slamming'' and other 
telecommunications fraud by setting standards for bills for 
telecommunications service. They are designed to ensure that 
consumers are provided with the basic information they need to 
understand their telecommunications bills. They are also intended to 
provide consumers with the tools they need to make informed choices 
in a competitive telecommunications marketplace.
    Legal Basis: 47 U.S.C. 151, 154(i) and (j), 201-209, 254, 258 
and 403.
    Section Number and Title:

64.2400 Purpose and scope.
64.2401 Truth-in-Billing Requirements.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

Subpart D--Conditions for Terminal Equipment Approval

    Brief Description: This rule requires that certain telephone 
handsets sold in the United States that are hearing aid compatible 
be labeled with the letters ``HAC'' permanently affixed to them.
    Need: The label is necessary to advise consumers before the 
purchase of a telephone whether it will be compatible with a hearing 
aid.
    Legal Basis: 47 U.S.C. 151, 154, 201-205, 218, 255 and 610.
    Section Number and Title:

68.300(b) Labeling requirements.

PART 69--ACCESS CHARGES

Subpart A--General

    Brief Description: The Part 69 rules are designed to implement 
sections 201 and 202 of the Communications Act of 1934, as amended, 
and protect consumers by preventing the exercise of market power by 
incumbent local exchange carriers (LECs). These rules help ensure 
that rates are just, reasonable, and not unjustly or unreasonably 
discriminatory.

[[Page 14879]]

    Need: Section 69.4 was adopted to foster competition, move 
access charges over time to more economically efficient levels and 
rate structures, preserve universal service, and lower rates by 
listing the charges to be included in the carrier's carrier charges 
for access services that are filed by price cap LECs.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Title:

69.4(d), (i) Charges to be filed.

Subpart H--Pricing Flexibility

    Brief Description: The Part 69 rules are designed to implement 
sections 201 and 202 of the Communications Act of 1934, as amended, 
and protect consumers by preventing the exercise of market power by 
incumbent local exchange carriers. These rules help ensure that 
rates are just, reasonable, and not unjustly or unreasonably 
discriminatory.
    Need: Part 69, Subpart H was adopted to codify the Commission's 
new pricing flexibility rules. The pricing flexibility rules apply 
to price cap local exchange carriers and were adopted to ensure that 
the Commission's regulations did not interfere with the operation of 
competitive markets by removing services from price cap regulation 
as competition develops. These rules also were adopted to detail the 
prerequisites to a grant of pricing flexibility.
    Legal Basis: 47 U.S.C. 154, 201-203, 205, 218, 220, 254 and 403.
    Section Number and Title:

69.701 Application of rules in this subpart.
69.703 Definitions.
69.705 Procedure.
69.707 Geographic scope of petition.
69.709 Dedicated transport and special access service other than 
channel terminations between LEC end offices and customer premises.
69.711 Channel terminations between LEC end offices and customer 
premises.
69.713 Common line, traffic-sensitive, and tandem-switched transport 
services.
69.725 Attribution of revenues to particular wire centers.
69.727 Regulatory relief.
69.729 New services.
69.731 Low-end adjustment mechanism.

PART 73--RADIO BROADCAST SERVICES

Subpart E--Television Broadcast Stations

    Brief Description: This rule requires applicants who request a 
DTV allotment on channel 6 to submit an engineering study that 
demonstrates no interference will be caused by the allotment to FM 
radio stations on FM channels 200-220.
    Need: This rule prevents unwanted interference in FM channels 
200-220.
    Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
    Section Number and Title:

73.623(f) DTV applications and changes to DTV allotments.

    Brief Description: This rule sets forth standards for collecting 
field strength data to determine television signal intensity at a 
specific location.
    Need: This rule is needed to ensure standard data collection 
methodology by parties submitting field strength measurements to the 
Commission.
    Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
    Section Number and Title:

73.686(d) Field strength measurements.

Subpart H--Rules Applicable to All Broadcast Stations

    Brief Description: This rule sets forth standards for filing 
contingent applications under specific circumstances.
    Need: This rule is needed to ensure that frivolous and 
unacceptable applications are not submitted for processing by the 
Commission.
    Legal Basis: 47 U.S.C. 154, 303, 334 and 336.
    Section Number and Title:

73.3517(e) Contingent applications.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

Subpart A--General

    Brief Description: This rule sets forth the requirements for 
pleadings in multichannel video and cable television service 
proceedings.
    Need: This rule simplifies the Commission's procedural rules for 
filing petitions and complaints pursuant to part 76.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 
558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.6 General pleadings requirements.

Subpart D--Carriage of Television Broadcast Signals

    Brief Description: This rule sets forth the requirements for 
complaints regarding carriage.
    Need: This rule simplifies the Commission's procedural rules for 
filing petitions and complaints pursuant to part 76.
    Legal Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 
558, 560, 561, 571, 572 and 573.
    Section Number and Title:

76.61(