Data Practices, Computer III Further Remand: BOC Provision of Enhanced Services, 39617-39619 [2013-15642]
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
section of the preamble in the interim
final rule.
FEDERAL COMMUNICATIONS
COMMISSION
Paperwork Reduction Act of 1995
47 CFR Parts 51, 53, 63, and 64
These final regulations do not create
any information collection
requirements. With the removal of
§§ 690.63(h) and 690.67 and the revision
of § 690.64, due to the statutory changes,
the paperwork burden associated with
those sections are also removed. This
change results in the discontinuation of
information collection 1845–0098 and,
therefore, the elimination of 109,605
burden hours associated with that
collection.
[CC Docket Nos. 95–20, 98–10, WC Docket
No. 10–132; FCC 13–69]
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This program is not subject to
Executive Order 12372 and the
regulations in 34 CFR part 79.
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(Catalog of Federal Domestic Assistance
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Colleges and universities, Elementary
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programs-education, Student aid.
emcdonald on DSK67QTVN1PROD with RULES
Dated: June 26, 2013.
Arne Duncan,
Secretary of Education.
For the reasons discussed in the
preamble, the interim final rule that
amended 34 CFR part 690, published at
77 FR 25893 on May 2, 2012, is adopted
as final without change.
[FR Doc. 2013–15709 Filed 7–1–13; 8:45 am]
BILLING CODE 4000–01–P
VerDate Mar<15>2010
16:51 Jul 01, 2013
Jkt 229001
Data Practices, Computer III Further
Remand: BOC Provision of Enhanced
Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Report and Order
eliminates comparably efficient
interconnection (CEI) and open network
architecture (ONA) narrowband
reporting requirements applicable to the
Bell Operating Companies (BOCs).
These requirements have been in place
to monitor the BOCs’ compliance with
access and interconnection services that
they must offer to competitive enhanced
service providers (ESPs). The
Commission no longer relies on the
reports in the course of its decision
making, and there is nothing in the
record indicating that the reports
contain information that is useful to
ESPs. Eliminating them will improve
the way the Commission collects, uses,
and disseminates data, including by
altering or eliminating collections that
are no longer useful or necessary to
carry out our statutory responsibilities.
DATES: Effective August 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Jodie May, WCB, CPD, (202) 418–1580
or Jodie.May@fcc.gov.
SUPPLEMENTARY INFORMATION: In this
Report and Order, we permanently
eliminate annual, semi-annual,
quarterly, and non-discrimination
reporting requirements applicable to the
BOCs’ narrowband CEI and ONA
services. The Commission implemented
these reporting requirements under its
Computer III framework to monitor the
BOCs’ compliance with the obligation to
provide non-discriminatory access to
basic network services for unaffiliated
ESPs. In August 2011, the Commission
Bureau waived the reporting
requirements pending resolution of the
issues in the Report and Order. The
Report and Order furthers the
Commission’s efforts to modernize
agency data collections and reduce
reporting burdens where appropriate
and consistent with the public interest.
SUMMARY:
I. Background
1. On February 8, 2011, in a Notice of
Proposed Rulemaking (CEI/ONA
Notice), the Commission proposed
eliminating the legacy CEI/ONA
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
39617
narrowband reporting requirements
required under the Computer III
safeguards ‘‘due to a lack of continuing
relevance and utility.’’ 76 FR 11407–01
(Mar 2, 2011). The CEI/ONA Notice
stated that the Commission does not
rely on any of the submissions in the
course of its decision making. On
August 11, 2011, the Bureau granted on
its own motion a waiver of the CEI/ONA
narrowband reporting requirements
pending resolution of the CEI/ONA
Notice. The Bureau stated that, while it
did not prejudge the outcome of the
rulemaking, the record suggested that
the reports are of limited utility and did
not justify the burden and expense of
preparing them. Review of Wireline
Competition Bureau Data Practices,
Computer III Further Remand
Proceedings: Bell Operating Company
Provision of Enhanced Services; 1998
Biennial Regulatory Review—Review of
Computer III and ONA Safeguards and
Requirements, Notice of Proposed
Rulemaking, WC Docket No. 10–132, CC
Docket Nos. 95–20, 98–10, 26 FCC Rcd
11280, 11280–81, para. 3 (2011). No
commenter to the CEI/ONA Notice
supported retaining the reporting
requirements.
2. The CEI/ONA Notice sought
comment on eliminating the BOCs’
annual, semi-annual, quarterly, and
non-discrimination reporting
requirements. Prior to the waiver
described above, the BOCs filed annual
reports containing projected
deployment schedules for ONA services
by type of service and percentage of
access lines and by market area;
disposition of individual requests for
ONA services, including action on
requests deemed technically infeasible;
information about ONA services that
were offered through technologies that
were new at the time the Commission
adopted the requirements, such as
Signaling System 7 and Integrated
Services Digital Network systems;
information about operations support
services and billing; and extensive lists
of services that the BOC used for its own
enhanced services operations. The BOCs
were also required to file semi-annual
reports containing a consolidated
nationwide matrix of ONA services and
corresponding state and federal tariff
descriptions, computer diskettes and
printouts of all tariffs, information on
118 categories of network capabilities
requested by ESPs, and the BOC’s ‘‘ONA
Services User Guide,’’ all on paper and
diskette. They filed non-discrimination
reports or affidavits, most on a quarterly
basis, that published intervals for
installation, repair dates, trouble
reports, and timelines for BOC
E:\FR\FM\02JYR1.SGM
02JYR1
39618
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
emcdonald on DSK67QTVN1PROD with RULES
operations as compared to BOC
provisioning of service to competitors.
For CEI, the Commission permits the
BOCs to post their substantive CEI plans
on the Internet and then notify the
Bureau at the time of the postings. The
BOCs are no longer required to obtain
Commission pre-approval before posting
the plans, but CEI reporting obligations
required the BOCs to file paper reports
demonstrating compliance with certain
nondiscrimination standards.
II. Report and Order
3. In this Report and Order, we
eliminate the CEI/ONA narrowband
reporting requirements. The
Commission no longer relies on any of
the reports in the course of its decision
making, and there is nothing in the
record indicating that the reports
contain information that remains useful
to competitive ESPs. No commenter has
indicated that it uses the reported data.
4. The narrowband reporting
requirements are outdated in many
respects. For example, the BOCs are
required to report on installation and
maintenance intervals for detailed
categories of ONA service that the
Commission established in 1990. Those
reporting categories were based on
service codes that were in use by the
BOCs’ provisioning systems during the
1980s. Recent ONA reports contain data
for reporting categories that are still
active, such as business and Centrexbased services, but many of the original
category codes contain no provisioning
data.
5. The BOCs argue that the reports
increased their costs of providing
service. CenturyLink states that, for each
semi-annual report, which was over 500
pages and filed in older file formatting
technology, it incurred internal costs
plus the cost of outside consultants to
prepare the reports. It further states that
it incurred costs associated with having
to prepare the reports jointly with other
BOCs. The Commission itself has
identified inefficiencies associated with
requiring each BOC to file its own ONA
information even though some of this
information does not vary among
providers. For example, each BOC
reported on the network capabilities it
used to provide basic narrowband
services even if the capabilities did not
vary in the industry. In addition, the
Commission has previously inquired
about whether the annual and semiannual reports required redundant
information on ONA service
availability, some of which is already
delineated in state and federal tariffs
filed by the BOCs. Overall, the record in
the CEI/ONA Notice contains no
evidence that continuing the reports
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16:51 Jul 01, 2013
Jkt 229001
would provide useful information, and
we are convinced that the costs and
burdens of preparing them outweigh the
benefits. The Commission has stated
that it must ‘‘collect the data it needs,
and only the data it needs to carry out
its statutory responsibilities.’’ Reporting
Requirements for U.S. Providers of
International Telecommunications
Services, Amendment of Part 43 of the
Commission’s Rules, IB Docket No. 04–
112, First Report and Order and Further
Notice of Proposed Rulemaking, 26 FCC
Rcd 7274, 7275, para. 1 (2011).
Unnecessary filing and reporting
requirements impose administrative
costs on carriers that can lead to
increased rates for consumers and are
not in the public interest.
6. In light of these conclusions, we
find that continued application of the
narrowband CEI and ONA reporting
requirements is no longer necessary.
Since the Bureau waived the
requirements in 2011, no commenters
have indicated that the elimination of
the required reports has impeded their
enhanced service offerings or otherwise
prevented them from obtaining nondiscriminatory access to CEI/ONA
services. We find that it is more efficient
to detect possible access discrimination
by looking at specific, focused
information in the context of an
individual complaint proceeding under
section 208 of the Act than through
these outdated monitoring reports. 47
U.S.C. 208.
III. Procedural Matters
A. Paperwork Reduction Analysis
7. This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. 3501–3520. In addition,
therefore, it does not contain any
proposed information collection burden
for small business concerns with fewer
than 25 employees, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
8. The Commission will send a copy
of this Report and Order to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
9. Final Regulatory Flexibility
Certification. The Regulatory Flexibility
Act of 1980, as amended (RFA), 5 U.S.C.
601 et seq., requires that a regulatory
flexibility analysis be prepared for
rulemaking proceedings, unless the
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Frm 00076
Fmt 4700
Sfmt 4700
agency certifies that ‘‘the rule will not
have a significant economic impact on
a substantial number of small entities.’’
5 U.S.C. 605(b). The RFA generally
defines ‘‘small entity’’ as having the
same meaning as the terms ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental jurisdiction.’’ 5
U.S.C. 601(6). In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. 5 U.S.C.
601(3). A small business concern is one
which: (1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
15 U.S.C. 632.
10. This Report and Order eliminates
CEI/ONA narrowband reporting
requirements that have been in place to
monitor the BOCs’ compliance with
access and interconnection services that
they must offer to competitive ESPs. It
finds that the Commission does not rely
on any of the reports in the course of its
decision making, and there is nothing in
the record indicating that the reports
contain information that is currently
useful to competitive ESPs. In addition,
no commenter to the proceeding
indicated that we should retain the
reports. The underlying substantive
requirements associated with CEI and
ONA with which the BOCs must
comply will remain in effect.
11. SBA defines small
telecommunications entities as those
with 1,500 or fewer employees. 13 CFR
121.201, NAICS Code 517110, Wired
Telecommunications Carriers. This
proceeding pertains to the BOCs, which,
because they would not be deemed a
‘‘small business concern’’ under the
Small Business Act and have more than
1,500 employees, do not qualify as small
entities under the RFA. Therefore, we
certify that the requirements of this
Report and Order will not have a
significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the
Report and Order including a copy of
this final certification in a report to
Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996. 5 U.S.C. 801(a)(1)(A). In addition,
the Report and Order and this
certification will be sent to the Chief
Counsel for Advocacy of the Small
Business Administration, and is
published in the Federal Register. 5
U.S.C. 605(b).
IV. Ordering Clause
12. It is ordered that, pursuant to
Sections 1, 2, 4, 11, 201–205, 251, 272,
274–276, and 303(r) of the
E:\FR\FM\02JYR1.SGM
02JYR1
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154, 161,
201–205, 251, 272, 274–276, and 303(r)
this Report and Order in WC Docket No.
10–132 is adopted. The requirements of
this Report and Order shall be effective
30 days after publication in the Federal
Register.
Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
[FR Doc. 2013–15642 Filed 7–1–13; 8:45 am]
BILLING CODE 6712–01–P
fjallfoss.fcc.gov/ecfs/. Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
The complete text may be purchased
from the Commission’s copy contractor,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
FEDERAL COMMUNICATIONS
COMMISSION
Paperwork Reduction Act of 1995
Analysis
47 CFR Part 79
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
[MB Docket No. 11–154; FCC 13–84]
Closed Captioning of Internet ProtocolDelivered Video Programming:
Implementation of the Twenty-First
Century Communications and Video
Accessibility Act of 2010
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission affirms,
modifies, and clarifies certain decisions
adopted in the Report and Order in MB
Docket No. 11–154 regarding closed
captioning requirements for video
programming delivered using Internet
protocol (‘‘IP’’) and apparatus used by
consumers to view video programming.
The action is taken in response to three
petitions for reconsideration of the
Report and Order, which adopted rules
governing the closed captioning
requirements for the owners, providers,
and distributors of IP-delivered video
programming and rules governing the
closed captioning capabilities of certain
apparatus on which consumers view
video programming.
DATES: Effective August 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Diana Sokolow, Diana.Sokolow@fcc.gov,
or Maria Mullarkey,
Maria.Mullarkey@fcc.gov, of the Policy
Division, Media Bureau, (202) 418–
2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, FCC 13–84, adopted
on June 13, 2013 and released on June
14, 2013. The full text of this document
is available for public inspection and
copying during regular business hours
in the FCC Reference Center, Federal
Communications Commission, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. This document
will also be available via ECFS at https://
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
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16:51 Jul 01, 2013
Jkt 229001
Summary of the Order on
Reconsideration
I. Introduction
1. In this Order on Reconsideration,
we affirm, modify, and clarify certain
decisions adopted in the Report and
Order in MB Docket No. 11–154
regarding closed captioning
requirements for video programming
delivered using Internet protocol (‘‘IP’’)
and apparatus used by consumers to
view video programming. The actions
we take will provide the industry and
consumers with certainty about the
scope of the captioning obligations
before the January 1, 2014 compliance
deadline for apparatus.
2. Specifically, we address three
petitions for reconsideration of the
Report and Order, which adopted rules
governing the closed captioning
requirements for the owners, providers,
and distributors of IP-delivered video
programming and rules governing the
closed captioning capabilities of certain
apparatus on which consumers view
video programming. First, we address
the Petition for Reconsideration of the
Consumer Electronics Association
(‘‘CEA’’) by: (1) Granting narrow class
waivers for certain apparatus that are
primarily designed for activities other
than receiving or playing back video
programming, while denying CEA’s
broader request that the Commission
narrow the scope of § 79.103 of its rules;
(2) denying CEA’s request that
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39619
removable media players are not subject
to the closed captioning requirements
but, at the same time, temporarily
extending the compliance deadlines for
Blu-ray players as well as for those DVD
players that do not currently render or
pass through captions, pending
resolution of the Further Notice of
Proposed Rulemaking (‘‘FNPRM’’); 1 and
(3) granting CEA’s request to modify the
January 1, 2014 deadline applicable to
apparatus to refer only to the date of
manufacture, and not to the date of
importation, shipment, or sale. Second,
we deny the Petition for
Reconsideration of TVGuardian, LLC
(‘‘TVGuardian’’), which requests that
the Commission reconsider its decision
to allow video programming providers
and distributors to enable the rendering
or pass through of captions to end users
and instead to require video
programming providers and
distributors, and digital source devices,
to pass through closed captioning data
to consumer equipment. Third, we
address the Petition for Reconsideration
of Consumer Groups by: (1) deferring
resolution of whether to reconsider the
Commission’s decision to exclude video
clips from the scope of the IP closed
captioning rules, and directing the
Media Bureau to issue a Public Notice
to seek updated information on this
topic within six months; and (2) issuing
an FNPRM to obtain further information
necessary to determine whether the
Commission should impose
synchronization requirements on device
manufacturers. Our goal in this
proceeding remains to implement
Congress’s intent to better enable
individuals who are deaf or hard of
hearing to view video programming. In
considering the requests made in the
petitions for reconsideration, we have
evaluated the effect on consumers who
are deaf or hard of hearing as well as the
cost of compliance to affected entities.
II. Background
3. On October 8, 2010, President
Obama signed into law the Twenty-First
Century Communications and Video
Accessibility Act of 2010 (‘‘CVAA’’).
The CVAA required the Commission, by
January 12, 2012, to establish closed
captioning rules for the owners,
providers, and distributors of IPdelivered video programming, and for
certain apparatus on which consumers
view video programming. The CVAA
also required the Commission to
establish an advisory committee known
as the Video Programming Accessibility
1 The FNPRM, adopted with the Order on
Reconsideration, is published elsewhere in this
publication.
E:\FR\FM\02JYR1.SGM
02JYR1
Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39617-39619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15642]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 51, 53, 63, and 64
[CC Docket Nos. 95-20, 98-10, WC Docket No. 10-132; FCC 13-69]
Data Practices, Computer III Further Remand: BOC Provision of
Enhanced Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Report and Order eliminates comparably efficient
interconnection (CEI) and open network architecture (ONA) narrowband
reporting requirements applicable to the Bell Operating Companies
(BOCs). These requirements have been in place to monitor the BOCs'
compliance with access and interconnection services that they must
offer to competitive enhanced service providers (ESPs). The Commission
no longer relies on the reports in the course of its decision making,
and there is nothing in the record indicating that the reports contain
information that is useful to ESPs. Eliminating them will improve the
way the Commission collects, uses, and disseminates data, including by
altering or eliminating collections that are no longer useful or
necessary to carry out our statutory responsibilities.
DATES: Effective August 1, 2013.
FOR FURTHER INFORMATION CONTACT: Jodie May, WCB, CPD, (202) 418-1580 or
Jodie.May@fcc.gov.
SUPPLEMENTARY INFORMATION: In this Report and Order, we permanently
eliminate annual, semi-annual, quarterly, and non-discrimination
reporting requirements applicable to the BOCs' narrowband CEI and ONA
services. The Commission implemented these reporting requirements under
its Computer III framework to monitor the BOCs' compliance with the
obligation to provide non-discriminatory access to basic network
services for unaffiliated ESPs. In August 2011, the Commission Bureau
waived the reporting requirements pending resolution of the issues in
the Report and Order. The Report and Order furthers the Commission's
efforts to modernize agency data collections and reduce reporting
burdens where appropriate and consistent with the public interest.
I. Background
1. On February 8, 2011, in a Notice of Proposed Rulemaking (CEI/ONA
Notice), the Commission proposed eliminating the legacy CEI/ONA
narrowband reporting requirements required under the Computer III
safeguards ``due to a lack of continuing relevance and utility.'' 76 FR
11407-01 (Mar 2, 2011). The CEI/ONA Notice stated that the Commission
does not rely on any of the submissions in the course of its decision
making. On August 11, 2011, the Bureau granted on its own motion a
waiver of the CEI/ONA narrowband reporting requirements pending
resolution of the CEI/ONA Notice. The Bureau stated that, while it did
not prejudge the outcome of the rulemaking, the record suggested that
the reports are of limited utility and did not justify the burden and
expense of preparing them. Review of Wireline Competition Bureau Data
Practices, Computer III Further Remand Proceedings: Bell Operating
Company Provision of Enhanced Services; 1998 Biennial Regulatory
Review--Review of Computer III and ONA Safeguards and Requirements,
Notice of Proposed Rulemaking, WC Docket No. 10-132, CC Docket Nos. 95-
20, 98-10, 26 FCC Rcd 11280, 11280-81, para. 3 (2011). No commenter to
the CEI/ONA Notice supported retaining the reporting requirements.
2. The CEI/ONA Notice sought comment on eliminating the BOCs'
annual, semi-annual, quarterly, and non-discrimination reporting
requirements. Prior to the waiver described above, the BOCs filed
annual reports containing projected deployment schedules for ONA
services by type of service and percentage of access lines and by
market area; disposition of individual requests for ONA services,
including action on requests deemed technically infeasible; information
about ONA services that were offered through technologies that were new
at the time the Commission adopted the requirements, such as Signaling
System 7 and Integrated Services Digital Network systems; information
about operations support services and billing; and extensive lists of
services that the BOC used for its own enhanced services operations.
The BOCs were also required to file semi-annual reports containing a
consolidated nationwide matrix of ONA services and corresponding state
and federal tariff descriptions, computer diskettes and printouts of
all tariffs, information on 118 categories of network capabilities
requested by ESPs, and the BOC's ``ONA Services User Guide,'' all on
paper and diskette. They filed non-discrimination reports or
affidavits, most on a quarterly basis, that published intervals for
installation, repair dates, trouble reports, and timelines for BOC
[[Page 39618]]
operations as compared to BOC provisioning of service to competitors.
For CEI, the Commission permits the BOCs to post their substantive CEI
plans on the Internet and then notify the Bureau at the time of the
postings. The BOCs are no longer required to obtain Commission pre-
approval before posting the plans, but CEI reporting obligations
required the BOCs to file paper reports demonstrating compliance with
certain nondiscrimination standards.
II. Report and Order
3. In this Report and Order, we eliminate the CEI/ONA narrowband
reporting requirements. The Commission no longer relies on any of the
reports in the course of its decision making, and there is nothing in
the record indicating that the reports contain information that remains
useful to competitive ESPs. No commenter has indicated that it uses the
reported data.
4. The narrowband reporting requirements are outdated in many
respects. For example, the BOCs are required to report on installation
and maintenance intervals for detailed categories of ONA service that
the Commission established in 1990. Those reporting categories were
based on service codes that were in use by the BOCs' provisioning
systems during the 1980s. Recent ONA reports contain data for reporting
categories that are still active, such as business and Centrex-based
services, but many of the original category codes contain no
provisioning data.
5. The BOCs argue that the reports increased their costs of
providing service. CenturyLink states that, for each semi-annual
report, which was over 500 pages and filed in older file formatting
technology, it incurred internal costs plus the cost of outside
consultants to prepare the reports. It further states that it incurred
costs associated with having to prepare the reports jointly with other
BOCs. The Commission itself has identified inefficiencies associated
with requiring each BOC to file its own ONA information even though
some of this information does not vary among providers. For example,
each BOC reported on the network capabilities it used to provide basic
narrowband services even if the capabilities did not vary in the
industry. In addition, the Commission has previously inquired about
whether the annual and semi-annual reports required redundant
information on ONA service availability, some of which is already
delineated in state and federal tariffs filed by the BOCs. Overall, the
record in the CEI/ONA Notice contains no evidence that continuing the
reports would provide useful information, and we are convinced that the
costs and burdens of preparing them outweigh the benefits. The
Commission has stated that it must ``collect the data it needs, and
only the data it needs to carry out its statutory responsibilities.''
Reporting Requirements for U.S. Providers of International
Telecommunications Services, Amendment of Part 43 of the Commission's
Rules, IB Docket No. 04-112, First Report and Order and Further Notice
of Proposed Rulemaking, 26 FCC Rcd 7274, 7275, para. 1 (2011).
Unnecessary filing and reporting requirements impose administrative
costs on carriers that can lead to increased rates for consumers and
are not in the public interest.
6. In light of these conclusions, we find that continued
application of the narrowband CEI and ONA reporting requirements is no
longer necessary. Since the Bureau waived the requirements in 2011, no
commenters have indicated that the elimination of the required reports
has impeded their enhanced service offerings or otherwise prevented
them from obtaining non-discriminatory access to CEI/ONA services. We
find that it is more efficient to detect possible access discrimination
by looking at specific, focused information in the context of an
individual complaint proceeding under section 208 of the Act than
through these outdated monitoring reports. 47 U.S.C. 208.
III. Procedural Matters
A. Paperwork Reduction Analysis
7. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. 3501-3520. In addition, therefore, it does not
contain any proposed information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
8. The Commission will send a copy of this Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
9. Final Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980, as amended (RFA), 5 U.S.C. 601 et seq.,
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' 5 U.S.C. 605(b). The RFA generally defines ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' 5
U.S.C. 601(6). In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 5 U.S.C. 601(3). A small business concern is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). 15 U.S.C. 632.
10. This Report and Order eliminates CEI/ONA narrowband reporting
requirements that have been in place to monitor the BOCs' compliance
with access and interconnection services that they must offer to
competitive ESPs. It finds that the Commission does not rely on any of
the reports in the course of its decision making, and there is nothing
in the record indicating that the reports contain information that is
currently useful to competitive ESPs. In addition, no commenter to the
proceeding indicated that we should retain the reports. The underlying
substantive requirements associated with CEI and ONA with which the
BOCs must comply will remain in effect.
11. SBA defines small telecommunications entities as those with
1,500 or fewer employees. 13 CFR 121.201, NAICS Code 517110, Wired
Telecommunications Carriers. This proceeding pertains to the BOCs,
which, because they would not be deemed a ``small business concern''
under the Small Business Act and have more than 1,500 employees, do not
qualify as small entities under the RFA. Therefore, we certify that the
requirements of this Report and Order will not have a significant
economic impact on a substantial number of small entities. The
Commission will send a copy of the Report and Order including a copy of
this final certification in a report to Congress pursuant to the Small
Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C.
801(a)(1)(A). In addition, the Report and Order and this certification
will be sent to the Chief Counsel for Advocacy of the Small Business
Administration, and is published in the Federal Register. 5 U.S.C.
605(b).
IV. Ordering Clause
12. It is ordered that, pursuant to Sections 1, 2, 4, 11, 201-205,
251, 272, 274-276, and 303(r) of the
[[Page 39619]]
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 161,
201-205, 251, 272, 274-276, and 303(r) this Report and Order in WC
Docket No. 10-132 is adopted. The requirements of this Report and Order
shall be effective 30 days after publication in the Federal Register.
Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
[FR Doc. 2013-15642 Filed 7-1-13; 8:45 am]
BILLING CODE 6712-01-P