Modernizing Common Carrier Rules, 25989-25994 [2015-10470]
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
standards; and (4) and exemption from
coverage of the rule, or any part thereof,
for small entities.
81. The Notice of Proposed
Rulemaking proposes sunsetting the NSI
rule after a six-month transition period,
as well as seeking comment on a variety
of possible alternatives to addressing the
issue of fraudulent calls from NSI
handsets. Because sunsetting the NSI
rule will remove certain call-forwarding
obligations on small entities, it is likely
the method that would impose the least
costs on these small entities.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
82. None.
VI. Ordering Clause
83. The Federal Communications
Commission ADOPTS, pursuant to
Sections 1, 4(i), 4(j), 303(r) and 332 of
the Communications Act of 1934, 47
U.S.C. 151, 154(i), 154(j), 303(r), 332,
this Notice of Proposed Rulemaking.
84. It is further ORDERED that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers,
Communications equipment.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 part
20 as follows:
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
1. The authority citation for part 20
continues to read:
■
Authority: 47 U.S.C. 151, 152(a), 154(i),
157, 160, 201, 214, 222, 251(e), 301, 302, 303,
303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316,
316(a), 332, 615, 615a, 615b, 615c.
2. Section 20.18 is amended by
revising paragraph (b) and adding
paragraph (o)(4), to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
■
911 Service.
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(b) Basic 911 Service. CMRS providers
subject to this section must transmit all
wireless 911 calls without respect to
their call validation process to a Public
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[FR Doc. 2015–10472 Filed 5–5–15; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 36, 42, 54, 63, and 64
[WC Docket No. 15–33; FCC 15–13]
Modernizing Common Carrier Rules
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Alexis Johns, Wireline Competition
Bureau, Competition Policy Division,
(202) 418–1580, or send an email to
alexis.johns@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking in WC Docket No.
15–33, adopted February 2, 2015 and
released February 6, 2015. The full text
of this document is available for public
inspection during regular business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
The document 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 (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via the Internet at
https://www.bcpiweb.com. It is available
on the Commission’s Web site at
https://www.fcc.gov.
AGENCY:
I. Introduction
In this document, the Federal
Communications Commission
(Commission) initiates a rulemaking
that seeks to update the Commission’s
rules to better reflect current
requirements and technology by
removing outmoded regulations from
the CFR. The Commission proposes to
update the CFR by eliminating certain
rules from which the Commission has
forborn and eliminating references to
telegraph service in certain rules. The
Commission would clarify regulatory
requirements, and modernize our rules
to better reflect the state of the current
telecommunications market.
DATES: Submit comments on or before
June 5, 2015. Submit reply comments on
or before June 22, 2015.
ADDRESSES: You may submit comments,
identified by WC Docket No. 15–33 by
any of the following methods:
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
1. This Notice of Proposed
Rulemaking (NPRM) seeks to update our
rules to better reflect current
requirements and technology by
removing outmoded regulations from
the Code of Federal Regulations (CFR).
The NPRM proposes to update the CFR
by (1) eliminating certain rules from
which the Commission has forborn, and
(2) eliminating references to telegraph
service in certain rules.
2. The NPRM follows two orders
adopted in 2013 that granted
forbearance from 126 legacy wireline
regulations, and the Process Reform
Report, a Commission staff report that
suggested eliminating or streamlining
wireline rules that are unnecessary as a
result of marketplace or technology
changes. In this NPRM, we propose to
address Recommendations 5.37 and
5.38 of the Process Reform Report.
3. We propose to eliminate several
rules from which the Commission has
granted unconditional forbearance for
all carriers. These are: (1) Section
64.804(c)–(g), which governs a carrier’s
recordkeeping and other obligations
when it extends to federal candidates
unsecured credit for communications
service; (2) sections 42.4, 42.5, and 42.7,
which require carriers to preserve
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
SUMMARY:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
§ 20.18
Safety Answering Point, or, where no
Public Safety Answering Point has been
designated, to a designated statewide
default answering point or appropriate
local emergency authority pursuant to
§ 64.3001 of this chapter, provided that
‘‘all wireless 911 calls’’ is defined as
‘‘any call initiated by a wireless user
dialing 911 on a phone using a
compliant radio frequency protocol of
the serving carrier.’’ After [insert date
six months from the effective date of the
Order], the requirements of this section
will no longer apply to calls from nonservice-initialized handsets as defined
in paragraph (o)(3)(i) of this section.
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(o) * * *
(4) Sunset. The requirements of this
paragraph shall cease to be effective
[insert date six months from the
effective date of the Order].
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25989
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
certain records; (3) section 64.301,
which requires carriers to provide
communications service to foreign
governments for international
communications; (4) section 64.501,
governing telephone companies’
obligations when recording telephone
conversations; (5) section 64.5001(a)–
(c)(2), and (c)(4), which imposes certain
reporting and certification requirements
for prepaid calling card providers; and
(6) section 64.1, governing traffic
damage claims for carriers engaged in
radio-telegraph, wire-telegraph, or
ocean-cable service.
4. We also propose to remove
references to ‘‘telegraph’’ from certain
sections of the Commission’s rules. This
proposal is consistent with
Recommendation 5.38 of the Process
Reform Report. Specifically, we propose
to remove ‘‘telegraph’’ from: (1) Section
36.126 (separations); (2) section
54.706(a)(13) (universal service
contributions); and (3) sections 63.60(c),
63.61, 63.62, 63.65(a)(4), 63.500(g),
63.501(g), and 63.504(k)
(discontinuance).
5. We seek comment on these
proposed modifications. And for each of
the rules addressed in this NPRM, we
seek comment on whether there are
other steps the Commission should or
must take, along with elimination of the
rule or the term ‘‘telegraph’’ from the
CFR, in order to ensure that any
telegraph service provider is not subject
to unnecessary regulatory obligations.
With this NPRM, we would clarify
regulatory requirements, and modernize
our rules to better reflect the state of the
current telecommunications market.
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II. Discussion
A. Deleting Rules From Which the
Commission Granted Forbearance in the
USTelecom Orders
6. In 2012, USTelecom requested
forbearance from an array of legacy
regulations. In 2013, the Commission
granted forbearance from many, but not
all, of those rules. The rationale for
those decisions is set forth in the
USTelecom Orders, and we are not
seeking to reopen the decisions therein.
In many instances, the Commission
granted unconditional forbearance from
a requirement, but the forbearance
orders did not alter the text of the
codified rule or remove the rule from
the CFR. Thus, the rules appear in the
CFR even though the Commission has
stated that it will forbear from applying
such rules. Absent additional research,
a carrier or a consumer might believe
the regulations to be in force. We thus
believe that deleting from the CFR the
rules identified below, for which the
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Commission granted unconditional
forbearance, will clarify carriers’
regulatory obligations and make the CFR
more accurately reflect the
Commission’s intended approach as to
those rules. We therefore propose to
eliminate from the CFR the rules listed
below from which the Commission
forbore in the USTelecom Orders.
7. Sections 42.4, 42.5, and 42.7.
Section 42.4 requires each carrier to
maintain at its operating company
headquarters a physical copy of its
master index of records. Section 42.5
governs the preparation and
preservation of the original records.
Section 42.7 governs how long a carrier
must retain the master index of records
and when records must be added.
8. Section 64.1. This section covers
traffic damage claims for carriers
engaged in radio-telegraph, wiretelegraph, or ocean-cable service.
9. Section 64.301. This section
requires that common carriers furnish
communications services to a foreign
government ‘‘upon reasonable demand’’
and deny communications services to a
foreign government, upon order of the
Commission, when such government
‘‘fails or refuses’’ to provide
communications services to the U.S.
government.
10. Section 64.501. Section 64.501 is
the present-day iteration of rules first
promulgated in 1947 governing
telephone companies’ obligations when
recording telephone conversations and
precludes a telephone company from
recording any telephone conversation
with members of the public unless the
recording is preceded by ‘‘verbal or
written consent of all parties to the
telephone conversation,’’ ‘‘preceded by
verbal notification,’’ or ‘‘accompanied
by an automatic tone warning device.’’
In the USTelecom Forbearance Long
Order, the Commission concluded that
unconditional forbearance for all
carriers was warranted stating that
‘‘since we initiated the rule more than
60 years ago, the Federal Wiretap Act,
as well as State laws, have addressed
the same issue in a more comprehensive
fashion.’’
11. Sections 64.804(c)–(g). These
provisions require carriers to (1) obtain
a signed application from the candidate
for Federal office or a person on behalf
of such candidate before extending
credit; (2) serve written notice to the
candidate for non-payment; (3) take
appropriate action at law to collect any
unpaid balance; (4) maintain certain
associated records; and (5) carriers with
revenues in excess of $1 million must
file an annual report with the
Commission.
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12. Sections 64.5001(a)–(c)(2), and
(c)(4). Section 64.5001 establishes
reporting and certification requirements
for prepaid calling card providers.
Sections 64.5001(a) and (b) require
prepaid calling card providers to report
to their transport providers specific
information, including percentage of
interstate usage (PIU) factors and call
volumes for which these factors were
calculated. Section 64.5001(c) requires
the prepaid calling card provider to
submit a quarterly certification
statement signed by an officer of the
company to the Commission with the
following information: (1) The
percentage of intrastate, interstate, and
international calling card minutes for
the reporting period; (2) the percentage
of total prepaid calling card revenue
attributable to interstate and
international calls for the reporting
period; (3) it is making the required
Universal Service Fund contribution
based on the reported information; and
(4) has complied with the reporting
requirements in 64.5001(a). We do not
propose to delete section 64.5001(c)(3)
because the Commission did not grant
unconditional forbearance. Rather, it
granted forbearance ‘‘only to those
prepaid calling card providers that have
a two-year track record of timely filing
required annual and quarterly
Telecommunications Reporting
Worksheets (FCC Forms 499–A and
499–Q) [and] [o]nce a prepaid calling
card provider has established that track
record, it need not comply further with
section 64.5001(c)(3).’’
B. Deleting Other Rules Relating to
Telegraph Service
13. In the Process Reform Report,
Commission staff suggested deleting
references to telegraph service from
several wireline rules. The Process
Reform Report recommended that the
Wireline Competition Bureau delete
section 64.1 and delete the word
‘‘telegraph’’ from the Commission’s
separations, universal service
contributions, and discontinuance rules.
We agree that the references to telegraph
appear out of date, and propose to
delete the word ‘‘telegraph’’ from the
rules, as proposed in the Appendix,
below. We seek comment on this
proposal.
14. In light of the evolution of
technology away from the use of
telegraphs, we believe that the
references to telegraph service in the
following rules are no longer necessary,
and should be deleted. Continuing to
include telegraph service in these rules
appears unnecessary, and potentially
confusing. We seek comment on
whether there are any providers offering
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
telegraph service today at all, and if so,
whether such service offerings warrant
retaining the term ‘‘telegraph’’ in the
rules identified below. Would there be
any practical impact if the Commission
were to delete ‘‘telegraph’’ from these
rules?
15. Section 36.126 of the Separations
Rules. Jurisdictional separations is the
process by which incumbent local
exchange carriers (LECs) apportion
regulated costs between intrastate and
interstate jurisdictions. Incumbent LECs
assign regulated costs to various
categories of plant and expenses, and
the costs in each category are
apportioned between the intrastate and
interstate jurisdictions. As part of this
process, section 36.126 identifies
equipment that is considered ‘‘Circuit
equipment—Category 4.’’ Section 36.126
lists ‘‘telegraph,’’ ‘‘telegraph system
terminals,’’ ‘‘telegraph carrier
terminals,’’ ‘‘telegraph private line
services,’’ and ‘‘telegraph repeaters’’ as
examples of such equipment. We
propose to delete these terms
throughout section 36.126. Would
deletion have any practical impact? As
noted in the Process Reform Report, we
anticipate sharing this NPRM with the
Federal-State Joint Board on
Separations. We note that there is a
pending referral to the Federal-State
Joint Board on separations that
welcomed input on ‘‘whether, how, and
when the Commission’s jurisdictional
separations rules should be modified.’’
Thus, we need not specifically refer this
discrete matter.
16. Section 54.706(a)(13) of the
Universal Service Rules. Section
54.706(a) requires providers of interstate
telecommunications services to
contribute to the universal service fund
if they provide more than a de minimis
amount of such service, and paragraph
(a)(13) lists telegraph as an illustrative
example of interstate
telecommunications. We propose to
delete the term ‘‘telegraph’’ from section
54.706(a)(13), and seek comment on this
proposal. No entities filing FCC Form
499 indicate that they are providing
telegraph service, and we are not aware
of any interstate telegraph providers
today. De minimis providers are
required to register and file FCC Form
499 even if they do not contribute. If
telegraph providers with more than a de
minimis amount of service existed, they
still would be required to contribute to
the universal service fund, but this
proposed rule change would update the
rule to be in line with today’s
marketplace.
17. Portions of Part 63 of the
Discontinuance, Reduction, Outage and
Impairment Rules. Section 214(a) of the
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Communications Act of 1934, as
amended states in part that ‘‘[n]o carrier
shall discontinue, reduce, or impair
service to a community, or part of a
community, unless and until there shall
first have been obtained from the
Commission a certificate that neither the
present nor future public convenience
and necessity will be adversely affected
thereby.’’ Today, carriers providing
telegraph service must comply with the
Commission’s Part 63 rules, which were
adopted pursuant to section 214(a). We
propose to delete references to
‘‘telegraph’’ as proposed in the
Appendix below. To the extent that any
entities are still providing telegraph
service, we intend to exempt telegraph
service from all exit regulation by
exercising our forbearance authority and
we seek comment on whether we
should do so. We seek comment on this
proposal.
III. Procedural Matters
A. Ex Parte Rules
18. This proceeding shall be treated as
a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
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25991
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
B. Comment Filing Procedures
19. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. 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 filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
D All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
D 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.
D U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
C. Accessible Formats
20. To request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
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D. Initial Regulatory Flexibility
Certification
21. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that
agencies prepare a regulatory flexibility
analysis for notice-and-comment
rulemaking proceedings, unless the
agency certifies that ‘‘the rule will not
have a significant economic impact on
a substantial number of small entities.’’
The RFA generally defines ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. 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).
22. In the NPRM, the Commission
seeks to update the CFR by (1)
eliminating certain rules from which the
Commission has forborn, and (2)
eliminating references to telegraph
service in certain rules. Specifically, the
Commission proposes to eliminate
several rules from which the
Commission has granted unconditional
forbearance for all carriers. These are:
(1) Sections 64.804(c)–(g), which govern
a carrier’s recordkeeping and other
obligations when it extends to federal
candidates unsecured credit for
communications service; (2) sections
42.4, 42.5, and 42.7, which require
carriers to preserve certain records; (3)
section 64.301, which requires carriers
to provide communications service to
foreign governments for international
communications; (4) section 64.501
governing telephone companies’
obligations when recording telephone
conversations; (5) sections 64.5001(a)–
(c)(2), and (c)(4), which impose certain
reporting and certification requirements
for prepaid calling card providers; and
(6) section 64.1 governing traffic damage
claims for carriers engaged in radiotelegraph, wire-telegraph, or ocean-cable
service. The NPRM also seeks to remove
references to ‘‘telegraph’’ from certain
sections of the Commission’s rules,
consistent with Recommendation 5.38
of the Process Reform Report.
Specifically, we propose to remove
‘‘telegraph’’ from (1) section 36.126
(separations); (2) section 54.706(a)(13)
(universal service contributions); and (3)
sections 63.60(c), 63.61, 63.62,
63.65(a)(4), 63.500(g), 63.501(g), and
63.504(k) (discontinuance).
23. The rule changes proposed in the
NPRM, if adopted by the Commission,
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would remove requirements governing
reporting, recordkeeping, and other
compliance obligations. All providers,
including those deemed to be small
entities under the SBA’s standard will
have reduced costs and burdens and
would benefit by being relieved from
compliance with these rules. Carriers
are no longer required to comply with
rules from which the Commission
granted unconditional forbearance.
Therefore, removing these rules is not
likely to have any economic impact on
carriers. While the NPRM also seeks to
remove ‘‘telegraph’’ from several rule
provisions not currently subject to
forbearance, the number of telegraph
service providers today is likely very
small. As such, we do not believe the
proposals in the NPRM would impact a
substantial number of small entities.
24. The Commission therefore
certifies, pursuant to the RFA, that the
proposals in this NPRM, if adopted, will
not have a significant economic impact
on a substantial number of small
entities. If commenters believe that the
proposals discussed in this NPRM
require additional RFA analysis, they
should include a discussion of these
issues in their comments and
additionally label them as RFA
comments. The Commission will send a
copy of this NPRM, including a copy of
this initial regulatory flexibility
certification, to the Chief Counsel for
Advocacy of the SBA. In addition, a
copy of this Notice of Proposed
Rulemaking and this initial certification
will be published in the Federal
Register.
E. Initial Paperwork Reduction Act of
1995 Analysis
25. This document contains proposed
modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invites the general
public and the Office of Management
and Budget (OMB) to comment on the
information collection requirements
contained in this document, as required
by the Paperwork Reduction Act of
1995, Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
we seek specific comment on how we
might further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
F. Contact Person
26. For further information about this
proceeding, please contact Alex Johns,
FCC Wireline Competition Bureau,
Competition Policy Division, Room 5–
C317, 445 12th Street SW., Washington,
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DC 20554, (202) 418–1580,
alexis.johns@fcc.gov.
IV. Ordering Clauses
27. Accordingly, it is ordered,
pursuant to sections 1, 2(a), 4(i), 4(j), 5,
10–11, 201–205, 214, 218–221, 225–228,
254, 303, 308, 403, 410, and 651 of the
Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, as
amended, 47 U.S.C. §§ 151, 152(a),
154(i), 154(j), 155, 160–161, 201–205,
214, 218–221, 225–228, 254, 303, 308,
403, 410, 571, 1302, and section 401 of
the Federal Election Campaign Act of
1971, as amended, 52 U.S.C. 30141, that
this Notice of Proposed Rulemaking is
adopted.
28. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects
47 CFR Part 36
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone, Uniform
System of Accounts.
47 CFR Part 42
Communications common carriers,
Radio, Reporting and recordkeeping
requirements, Telegraph, Telephone.
47 CFR Part 54
Communications common carriers,
Health facilities, Infants and children,
Libraries, Reporting and recordkeeping
requirements, Schools,
Telecommunications, Telephone.
47 CFR Part 63
Cable television, Communications
common carriers, Radio, Reporting and
recordkeeping requirements, Telegraph,
Telephone.
47 CFR Part 64
Civil defense, Claims,
Communications common carriers,
Computer technology, Credit, Foreign
relations, Individuals with disabilities,
Political candidates, Radio, Reporting
and recordkeeping requirements,
Telecommunications, Telegraph,
Telephone.
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 36,
42, 54, 63, and 64 to read as follows:
PART 36—JURISDICTIONAL
SEPARATIONS PROCEDURES;
STANDARD PROCEDURES FOR
SEPARATING
TELECOMMUNICATIONS PROPERTY
COSTS, REVENUES, EXPENSES,
TAXES AND RESERVES FOR
TELECOMMUNICATIONS COMPANIES
1. The authority citation for part 36
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i) and (j),
205, 221(c), 254, 303(r), 403, 410, and 1302
unless otherwise noted.
2. Amend § 36.126 by revising
paragraphs (a)(1), (2), and (8), adding
paragraph (b)(4), and revising
paragraphs (d)(1), (e)(1), and (e)(3)(iii) to
read as follows:
■
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 36.126
Circuit equipment—Category 4.
(a) * * *
(1) Carrier telephone system
terminals.
(2) Telephone repeaters, termination
sets, impedance compensators, pulse
link repeaters, echo suppressors and
other intermediate transmission
amplification and balancing equipment
except that included in switchboards.
*
*
*
*
*
(8) Testboards, test desks, repair desks
and patch bays, including those
provided for test and control, and for
transmission testing.
(b) * * *
(4) In addition, for the purpose of
identifying and separating property
associated with special services, circuit
equipment included in Categories 4.12
(other than wideband equipment) 4.13
and 4.23 is identified as either basic
circuit equipment, i.e., equipment that
performs functions necessary to provide
and operate channels suitable for voice
transmission (telephone grade
channels), or special circuit equipment,
i.e., equipment that is peculiar to special
service circuits. Carrier telephone
terminals and carrier telephone
repeaters are examples of basic circuit
equipment in general use, while audio
program transmission amplifiers,
bridges, monitoring devices and volume
indicators are examples of special
circuit equipment in general use.
*
*
*
*
*
(d) * * *
VerDate Sep<11>2014
18:29 May 05, 2015
Jkt 235001
(1) Interexchange Circuit Equipment
Furnished to Another Company for
Interstate Use—Category 4.21—This
category comprises that circuit
equipment provided for the use of
another company as an integral part of
its interexchange circuit facilities used
wholly for interstate services. This
category includes such circuit
equipment as telephone carrier
terminals and microwave systems used
wholly for interstate services. The total
cost of the circuit equipment in this
category for the study area is assigned
to the interstate operation
(e) * * *
(1) Interexchange Circuit Equipment
Furnished to Another Company for
Interstate Use—Category 4.21—This
category comprises that circuit
equipment provided for the use of
another company as an integral part of
its interexchange circuit facilities used
wholly for interstate services. This
category includes such circuit
equipment as telephone carrier
terminals and microwave systems used
wholly for interstate services. The total
cost of the circuit equipment in this
category for the study area is assigned
to the interstate operation.
*
*
*
*
*
(3) * * *
(iii) The cost of special circuit
equipment is segregated among private
line services based on an analysis of the
use of the equipment and in accordance
with § 36.126(b)(4). The special circuit
equipment cost assigned to private line
services is directly assigned to the
appropriate operations.
*
*
*
*
*
§ 54.706
PART 42—PRESERVATION OF
RECORDS OF COMMUNICATION
COMMON CARRIERS
§ 63.61
3. The authority citation for part 42
continues to read as follows:
■
Authority: Sec. 4(i), 48 Stat. 1066, as
amended, 47 U.S.C. 154(i). Interprets or
applies secs. 219 and 220, 48 Stat. 1077–78,
47 U.S.C. 219, 220.
§ 42.4
■
§ 42.5
■
[Removed]
5. Remove § 42.5.
§ 42.7
■
[Removed]
4. Remove § 42.4.
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
9. The authority citation for part 63
continues to read as follows:
■
Authority: Sections 1, 4(i), 4(j), 10, 11,
201–205, 214, 218, 403 and 651 of the
Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 154(j), 160, 201–205,
214, 218, 403, and 571, unless otherwise
noted.
10. Amend § 63.60 by revising
paragraph (c) to read as follows:
■
§ 63.60
*
*
*
*
(c) Emergency discontinuance,
reduction, or impairment of service
means any discontinuance, reduction,
or impairment of the service of a carrier
occasioned by conditions beyond the
control of such carrier where the
original service is not restored or
comparable service is not established
within a reasonable time. For the
purpose of this part, a reasonable time
shall be deemed to be a period not in
excess of the following: 10 days in the
case of public coast stations; and 60
days in all other cases;
*
*
*
*
*
■ 11. Amend § 63.61 by revising the
introductory text to read as follows:
*
7. The authority citation for part 54
continues to read as follows:
§ 63.65
■
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 254, 303(r), 403, and 1302
unless otherwise noted.
Fmt 4702
Applicability.
Any carrier subject to the provisions
of section 214 of the Communications
Act of 1934, as amended, proposing to
discontinue, reduce or impair interstate
or foreign telephone service to a
community, or a part of a community,
shall request authority therefor by
formal application or informal request
as specified in the pertinent sections of
this part:
*
*
*
*
*
■ 12. Amend § 63.62 by revising the
section heading to read as follows:
PART 54—UNIVERSAL SERVICE
Frm 00025
Definitions.
*
§ 63.62 Type of discontinuance, reduction,
or impairment of telephone service
requiring formal application.
[Removed]
6. Remove § 42.7.
PO 00000
[Amended]
8. In § 54.706, remove and reserve
paragraph (a)(13).
■
Sfmt 4702
*
*
*
*
[Amended]
13. In § 63.65, remove and reserve
paragraph (a)(4).
■ 14. Amend § 63.500 by revising
paragraph (g) to read as follows:
■
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Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
§ 63.500 Contents of applications to
dismantle or remove a trunk line.
22. Revise § 64.5001 to read as
follows:
■
*
*
*
*
*
(g) Name of any other carrier or
carriers providing telephone service to
the community;
*
*
*
*
*
■ 15. Amend § 63.501 by revising
paragraph (g) to read as follows:
§ 63.501 Contents of applications to sever
physical connection or to terminate or
suspend interchange of traffic with another
carrier.
*
*
*
*
*
(g) Name of any other carrier or
carriers providing telephone service to
the community;
*
*
*
*
*
■ 16. Amend § 63.504 by revising
paragraph (k) to read as follows:
§ 64.5001 Reporting and certification
requirements.
On a quarterly basis, every prepaid
calling card provider must submit to the
Commission a certification, signed by an
officer of the company under penalty of
perjury, stating that it is making the
required Universal Service Fund
contribution based on the reported
information. This provision shall not
apply to any prepaid calling card
provider that has timely filed every FCC
Form 499–A and 499–Q due during the
preceding two-year period.
[FR Doc. 2015–10470 Filed 5–5–15; 8:45 am]
BILLING CODE 6712–01–P
§ 63.504 Contents of applications to close
a public toll station where no other such toll
station of the applicant in the community
will continue service and where telephone
toll service is not otherwise available to the
public through a telephone exchange
connected with the toll lines of a carrier.
GENERAL SERVICES
ADMINISTRATION
*
RIN 3090–AJ51
*
*
*
*
(k) Description of the service
involved, including a statement of the
number of toll telephone messages sentpaid and received-collect, and the
revenues from such traffic, in
connection with the service proposed to
be discontinued for each of the past 6
months; and, if the volume of such
traffic handled in the area has decreased
during recent years, the reasons
therefor.
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
17. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 254(k);
403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.
56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, and the
Middle Class Tax Relief and Job Creation Act
of 2012, Pub. L. 112–96, unless otherwise
noted.
Subpart A—[Removed and Reserved]
18. Remove and reserve subpart A,
consisting of § 64.1.
■
Subpart C—[Removed and Reserved]
19. Remove and reserve subpart C,
consisting of § 64.301.
tkelley on DSK3SPTVN1PROD with PROPOSALS
■
Subpart E—[Removed and Reserved]
20. Remove and reserve subpart E,
consisting of § 64.501.
■
§ 64.804
[Amended]
21. In § 64.804, remove and reserve
paragraphs (c) through (g).
■
VerDate Sep<11>2014
18:29 May 05, 2015
Jkt 235001
48 CFR Parts 501, 516, 538 and 552
[GSAR Case 2013–G504; Docket 2014–0020;
Sequence 1]
General Services Administration
Acquisition Regulation (GSAR);
Transactional Data Reporting;
Extension of Time for Comments
Office of Acquisition Policy,
General Services Administration.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The General Services
Administration (GSA) issued a proposed
rule on March 4, 2015, amending the
General Services Administration
Acquisition Regulation (GSAR) to
include clauses that would require
vendors to report transactional data
from orders and prices paid by ordering
activities. This includes orders placed
against both Federal Supply Schedule
(FSS) contract vehicles and GSA’s nonFSS contract vehicles—Governmentwide Acquisition Contracts (GWACs)
and Government-wide IndefiniteDelivery, Indefinite-Quality (IDIQ)
contracts. For FSS vehicles, the clause
would be introduced in phases,
beginning with a pilot for select
products and commoditized services.
The new clause will be paired with
changes to the basis of award
monitoring requirement of the existing
price reductions clause, resulting in a
burden reduction for participating FSS
contractors. This rulemaking does not
apply to the Department of Veterans
Affairs (VA) FSS contract holders. The
comment period is being extended to
provide additional time for interested
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 9990
parties to provide comments for GSAR
Case 2013–G504, Transactional Data
Reporting, to May 11, 2015.
For the proposed rule published
on March 4, 2015 (80 FR 11619), submit
comments by May 11, 2015.
DATES:
Submit comments in
response to GSAR Case 2013–G504 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
by searching for ‘‘GSAR Case 2013–
G504’’. Select the link ‘‘Comment Now’’
and follow the instructions provided at
the ‘‘You are commenting on’’ screen.
Please include your name, company
name (if any), and ‘‘GSAR Case 2013–
G504’’, on your attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, ATTN: Ms. Flowers,
Washington, DC 20405–0001.
Instructions: Please submit comments
only and cite GSAR Case 2013–G504 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
ADDRESSES:
Ms.
Dana Munson, General Services
Acquisition Policy Division, GSA, at
202–357–9652, or Mr. Matthew
McFarland, General Services
Acquisition Policy Division, GSA, at
202–690–9232, or email gsar@gsa.gov
for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite GSAR Case 2013–
G504.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
GSA published a proposed rule in the
Federal Register at 80 FR 11619, March
4, 2015. The comment period is
extended to provide additional time for
interested parties to submit comments
on the GSAR case until May 11, 2015.
List of Subjects in 48 CFR Parts 501,
516, 538, and 552
Government procurement.
Dated: April 30, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2015–10637 Filed 5–5–15; 8:45 am]
BILLING CODE 6820–61–P
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]]>Agencies
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Proposed Rules]
[Pages 25989-25994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10470]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 36, 42, 54, 63, and 64
[WC Docket No. 15-33; FCC 15-13]
Modernizing Common Carrier Rules
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) initiates a rulemaking that seeks to update the
Commission's rules to better reflect current requirements and
technology by removing outmoded regulations from the CFR. The
Commission proposes to update the CFR by eliminating certain rules from
which the Commission has forborn and eliminating references to
telegraph service in certain rules. The Commission would clarify
regulatory requirements, and modernize our rules to better reflect the
state of the current telecommunications market.
DATES: Submit comments on or before June 5, 2015. Submit reply comments
on or before June 22, 2015.
ADDRESSES: You may submit comments, identified by WC Docket No. 15-33
by any of the following methods:
Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Alexis Johns, Wireline Competition
Bureau, Competition Policy Division, (202) 418-1580, or send an email
to alexis.johns@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in WC Docket No. 15-33, adopted February 2, 2015
and released February 6, 2015. The full text of this document is
available for public inspection during regular business hours in the
FCC Reference Information Center, Portals II, 445 12th Street SW., Room
CY-A257, Washington, DC 20554. The document 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
(800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via the
Internet at https://www.bcpiweb.com. It is available on the Commission's
Web site at https://www.fcc.gov.
I. Introduction
1. This Notice of Proposed Rulemaking (NPRM) seeks to update our
rules to better reflect current requirements and technology by removing
outmoded regulations from the Code of Federal Regulations (CFR). The
NPRM proposes to update the CFR by (1) eliminating certain rules from
which the Commission has forborn, and (2) eliminating references to
telegraph service in certain rules.
2. The NPRM follows two orders adopted in 2013 that granted
forbearance from 126 legacy wireline regulations, and the Process
Reform Report, a Commission staff report that suggested eliminating or
streamlining wireline rules that are unnecessary as a result of
marketplace or technology changes. In this NPRM, we propose to address
Recommendations 5.37 and 5.38 of the Process Reform Report.
3. We propose to eliminate several rules from which the Commission
has granted unconditional forbearance for all carriers. These are: (1)
Section 64.804(c)-(g), which governs a carrier's recordkeeping and
other obligations when it extends to federal candidates unsecured
credit for communications service; (2) sections 42.4, 42.5, and 42.7,
which require carriers to preserve
[[Page 25990]]
certain records; (3) section 64.301, which requires carriers to provide
communications service to foreign governments for international
communications; (4) section 64.501, governing telephone companies'
obligations when recording telephone conversations; (5) section
64.5001(a)-(c)(2), and (c)(4), which imposes certain reporting and
certification requirements for prepaid calling card providers; and (6)
section 64.1, governing traffic damage claims for carriers engaged in
radio-telegraph, wire-telegraph, or ocean-cable service.
4. We also propose to remove references to ``telegraph'' from
certain sections of the Commission's rules. This proposal is consistent
with Recommendation 5.38 of the Process Reform Report. Specifically, we
propose to remove ``telegraph'' from: (1) Section 36.126 (separations);
(2) section 54.706(a)(13) (universal service contributions); and (3)
sections 63.60(c), 63.61, 63.62, 63.65(a)(4), 63.500(g), 63.501(g), and
63.504(k) (discontinuance).
5. We seek comment on these proposed modifications. And for each of
the rules addressed in this NPRM, we seek comment on whether there are
other steps the Commission should or must take, along with elimination
of the rule or the term ``telegraph'' from the CFR, in order to ensure
that any telegraph service provider is not subject to unnecessary
regulatory obligations. With this NPRM, we would clarify regulatory
requirements, and modernize our rules to better reflect the state of
the current telecommunications market.
II. Discussion
A. Deleting Rules From Which the Commission Granted Forbearance in the
USTelecom Orders
6. In 2012, USTelecom requested forbearance from an array of legacy
regulations. In 2013, the Commission granted forbearance from many, but
not all, of those rules. The rationale for those decisions is set forth
in the USTelecom Orders, and we are not seeking to reopen the decisions
therein. In many instances, the Commission granted unconditional
forbearance from a requirement, but the forbearance orders did not
alter the text of the codified rule or remove the rule from the CFR.
Thus, the rules appear in the CFR even though the Commission has stated
that it will forbear from applying such rules. Absent additional
research, a carrier or a consumer might believe the regulations to be
in force. We thus believe that deleting from the CFR the rules
identified below, for which the Commission granted unconditional
forbearance, will clarify carriers' regulatory obligations and make the
CFR more accurately reflect the Commission's intended approach as to
those rules. We therefore propose to eliminate from the CFR the rules
listed below from which the Commission forbore in the USTelecom Orders.
7. Sections 42.4, 42.5, and 42.7. Section 42.4 requires each
carrier to maintain at its operating company headquarters a physical
copy of its master index of records. Section 42.5 governs the
preparation and preservation of the original records. Section 42.7
governs how long a carrier must retain the master index of records and
when records must be added.
8. Section 64.1. This section covers traffic damage claims for
carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable
service.
9. Section 64.301. This section requires that common carriers
furnish communications services to a foreign government ``upon
reasonable demand'' and deny communications services to a foreign
government, upon order of the Commission, when such government ``fails
or refuses'' to provide communications services to the U.S. government.
10. Section 64.501. Section 64.501 is the present-day iteration of
rules first promulgated in 1947 governing telephone companies'
obligations when recording telephone conversations and precludes a
telephone company from recording any telephone conversation with
members of the public unless the recording is preceded by ``verbal or
written consent of all parties to the telephone conversation,''
``preceded by verbal notification,'' or ``accompanied by an automatic
tone warning device.'' In the USTelecom Forbearance Long Order, the
Commission concluded that unconditional forbearance for all carriers
was warranted stating that ``since we initiated the rule more than 60
years ago, the Federal Wiretap Act, as well as State laws, have
addressed the same issue in a more comprehensive fashion.''
11. Sections 64.804(c)-(g). These provisions require carriers to
(1) obtain a signed application from the candidate for Federal office
or a person on behalf of such candidate before extending credit; (2)
serve written notice to the candidate for non-payment; (3) take
appropriate action at law to collect any unpaid balance; (4) maintain
certain associated records; and (5) carriers with revenues in excess of
$1 million must file an annual report with the Commission.
12. Sections 64.5001(a)-(c)(2), and (c)(4). Section 64.5001
establishes reporting and certification requirements for prepaid
calling card providers. Sections 64.5001(a) and (b) require prepaid
calling card providers to report to their transport providers specific
information, including percentage of interstate usage (PIU) factors and
call volumes for which these factors were calculated. Section
64.5001(c) requires the prepaid calling card provider to submit a
quarterly certification statement signed by an officer of the company
to the Commission with the following information: (1) The percentage of
intrastate, interstate, and international calling card minutes for the
reporting period; (2) the percentage of total prepaid calling card
revenue attributable to interstate and international calls for the
reporting period; (3) it is making the required Universal Service Fund
contribution based on the reported information; and (4) has complied
with the reporting requirements in 64.5001(a). We do not propose to
delete section 64.5001(c)(3) because the Commission did not grant
unconditional forbearance. Rather, it granted forbearance ``only to
those prepaid calling card providers that have a two-year track record
of timely filing required annual and quarterly Telecommunications
Reporting Worksheets (FCC Forms 499-A and 499-Q) [and] [o]nce a prepaid
calling card provider has established that track record, it need not
comply further with section 64.5001(c)(3).''
B. Deleting Other Rules Relating to Telegraph Service
13. In the Process Reform Report, Commission staff suggested
deleting references to telegraph service from several wireline rules.
The Process Reform Report recommended that the Wireline Competition
Bureau delete section 64.1 and delete the word ``telegraph'' from the
Commission's separations, universal service contributions, and
discontinuance rules. We agree that the references to telegraph appear
out of date, and propose to delete the word ``telegraph'' from the
rules, as proposed in the Appendix, below. We seek comment on this
proposal.
14. In light of the evolution of technology away from the use of
telegraphs, we believe that the references to telegraph service in the
following rules are no longer necessary, and should be deleted.
Continuing to include telegraph service in these rules appears
unnecessary, and potentially confusing. We seek comment on whether
there are any providers offering
[[Page 25991]]
telegraph service today at all, and if so, whether such service
offerings warrant retaining the term ``telegraph'' in the rules
identified below. Would there be any practical impact if the Commission
were to delete ``telegraph'' from these rules?
15. Section 36.126 of the Separations Rules. Jurisdictional
separations is the process by which incumbent local exchange carriers
(LECs) apportion regulated costs between intrastate and interstate
jurisdictions. Incumbent LECs assign regulated costs to various
categories of plant and expenses, and the costs in each category are
apportioned between the intrastate and interstate jurisdictions. As
part of this process, section 36.126 identifies equipment that is
considered ``Circuit equipment--Category 4.'' Section 36.126 lists
``telegraph,'' ``telegraph system terminals,'' ``telegraph carrier
terminals,'' ``telegraph private line services,'' and ``telegraph
repeaters'' as examples of such equipment. We propose to delete these
terms throughout section 36.126. Would deletion have any practical
impact? As noted in the Process Reform Report, we anticipate sharing
this NPRM with the Federal-State Joint Board on Separations. We note
that there is a pending referral to the Federal-State Joint Board on
separations that welcomed input on ``whether, how, and when the
Commission's jurisdictional separations rules should be modified.''
Thus, we need not specifically refer this discrete matter.
16. Section 54.706(a)(13) of the Universal Service Rules. Section
54.706(a) requires providers of interstate telecommunications services
to contribute to the universal service fund if they provide more than a
de minimis amount of such service, and paragraph (a)(13) lists
telegraph as an illustrative example of interstate telecommunications.
We propose to delete the term ``telegraph'' from section 54.706(a)(13),
and seek comment on this proposal. No entities filing FCC Form 499
indicate that they are providing telegraph service, and we are not
aware of any interstate telegraph providers today. De minimis providers
are required to register and file FCC Form 499 even if they do not
contribute. If telegraph providers with more than a de minimis amount
of service existed, they still would be required to contribute to the
universal service fund, but this proposed rule change would update the
rule to be in line with today's marketplace.
17. Portions of Part 63 of the Discontinuance, Reduction, Outage
and Impairment Rules. Section 214(a) of the Communications Act of 1934,
as amended states in part that ``[n]o carrier shall discontinue,
reduce, or impair service to a community, or part of a community,
unless and until there shall first have been obtained from the
Commission a certificate that neither the present nor future public
convenience and necessity will be adversely affected thereby.'' Today,
carriers providing telegraph service must comply with the Commission's
Part 63 rules, which were adopted pursuant to section 214(a). We
propose to delete references to ``telegraph'' as proposed in the
Appendix below. To the extent that any entities are still providing
telegraph service, we intend to exempt telegraph service from all exit
regulation by exercising our forbearance authority and we seek comment
on whether we should do so. We seek comment on this proposal.
III. Procedural Matters
A. Ex Parte Rules
18. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
B. Comment Filing Procedures
19. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. 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 filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
[ssquf] 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. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[ssquf] 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.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
C. Accessible Formats
20. To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
[[Page 25992]]
D. Initial Regulatory Flexibility Certification
21. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that agencies prepare a regulatory flexibility analysis for
notice-and-comment rulemaking proceedings, unless the agency certifies
that ``the rule will not have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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).
22. In the NPRM, the Commission seeks to update the CFR by (1)
eliminating certain rules from which the Commission has forborn, and
(2) eliminating references to telegraph service in certain rules.
Specifically, the Commission proposes to eliminate several rules from
which the Commission has granted unconditional forbearance for all
carriers. These are: (1) Sections 64.804(c)-(g), which govern a
carrier's recordkeeping and other obligations when it extends to
federal candidates unsecured credit for communications service; (2)
sections 42.4, 42.5, and 42.7, which require carriers to preserve
certain records; (3) section 64.301, which requires carriers to provide
communications service to foreign governments for international
communications; (4) section 64.501 governing telephone companies'
obligations when recording telephone conversations; (5) sections
64.5001(a)-(c)(2), and (c)(4), which impose certain reporting and
certification requirements for prepaid calling card providers; and (6)
section 64.1 governing traffic damage claims for carriers engaged in
radio-telegraph, wire-telegraph, or ocean-cable service. The NPRM also
seeks to remove references to ``telegraph'' from certain sections of
the Commission's rules, consistent with Recommendation 5.38 of the
Process Reform Report. Specifically, we propose to remove ``telegraph''
from (1) section 36.126 (separations); (2) section 54.706(a)(13)
(universal service contributions); and (3) sections 63.60(c), 63.61,
63.62, 63.65(a)(4), 63.500(g), 63.501(g), and 63.504(k)
(discontinuance).
23. The rule changes proposed in the NPRM, if adopted by the
Commission, would remove requirements governing reporting,
recordkeeping, and other compliance obligations. All providers,
including those deemed to be small entities under the SBA's standard
will have reduced costs and burdens and would benefit by being relieved
from compliance with these rules. Carriers are no longer required to
comply with rules from which the Commission granted unconditional
forbearance. Therefore, removing these rules is not likely to have any
economic impact on carriers. While the NPRM also seeks to remove
``telegraph'' from several rule provisions not currently subject to
forbearance, the number of telegraph service providers today is likely
very small. As such, we do not believe the proposals in the NPRM would
impact a substantial number of small entities.
24. The Commission therefore certifies, pursuant to the RFA, that
the proposals in this NPRM, if adopted, will not have a significant
economic impact on a substantial number of small entities. If
commenters believe that the proposals discussed in this NPRM require
additional RFA analysis, they should include a discussion of these
issues in their comments and additionally label them as RFA comments.
The Commission will send a copy of this NPRM, including a copy of this
initial regulatory flexibility certification, to the Chief Counsel for
Advocacy of the SBA. In addition, a copy of this Notice of Proposed
Rulemaking and this initial certification will be published in the
Federal Register.
E. Initial Paperwork Reduction Act of 1995 Analysis
25. This document contains proposed modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
F. Contact Person
26. For further information about this proceeding, please contact
Alex Johns, FCC Wireline Competition Bureau, Competition Policy
Division, Room 5-C317, 445 12th Street SW., Washington, DC 20554, (202)
418-1580, alexis.johns@fcc.gov.
IV. Ordering Clauses
27. Accordingly, it is ordered, pursuant to sections 1, 2(a), 4(i),
4(j), 5, 10-11, 201-205, 214, 218-221, 225-228, 254, 303, 308, 403,
410, and 651 of the Communications Act of 1934, as amended, and section
706 of the Telecommunications Act of 1996, as amended, 47 U.S.C.
Sec. Sec. 151, 152(a), 154(i), 154(j), 155, 160-161, 201-205, 214,
218-221, 225-228, 254, 303, 308, 403, 410, 571, 1302, and section 401
of the Federal Election Campaign Act of 1971, as amended, 52 U.S.C.
30141, that this Notice of Proposed Rulemaking is adopted.
28. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects
47 CFR Part 36
Communications common carriers, Reporting and recordkeeping
requirements, Telephone, Uniform System of Accounts.
47 CFR Part 42
Communications common carriers, Radio, Reporting and recordkeeping
requirements, Telegraph, Telephone.
47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, Libraries, Reporting and recordkeeping requirements, Schools,
Telecommunications, Telephone.
47 CFR Part 63
Cable television, Communications common carriers, Radio, Reporting
and recordkeeping requirements, Telegraph, Telephone.
47 CFR Part 64
Civil defense, Claims, Communications common carriers, Computer
technology, Credit, Foreign relations, Individuals with disabilities,
Political candidates, Radio, Reporting and recordkeeping requirements,
Telecommunications, Telegraph, Telephone.
[[Page 25993]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 36, 42, 54, 63, and 64 to
read as follows:
PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES,
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES
0
1. The authority citation for part 36 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (j), 205, 221(c), 254,
303(r), 403, 410, and 1302 unless otherwise noted.
0
2. Amend Sec. 36.126 by revising paragraphs (a)(1), (2), and (8),
adding paragraph (b)(4), and revising paragraphs (d)(1), (e)(1), and
(e)(3)(iii) to read as follows:
Sec. 36.126 Circuit equipment--Category 4.
(a) * * *
(1) Carrier telephone system terminals.
(2) Telephone repeaters, termination sets, impedance compensators,
pulse link repeaters, echo suppressors and other intermediate
transmission amplification and balancing equipment except that included
in switchboards.
* * * * *
(8) Testboards, test desks, repair desks and patch bays, including
those provided for test and control, and for transmission testing.
(b) * * *
(4) In addition, for the purpose of identifying and separating
property associated with special services, circuit equipment included
in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is
identified as either basic circuit equipment, i.e., equipment that
performs functions necessary to provide and operate channels suitable
for voice transmission (telephone grade channels), or special circuit
equipment, i.e., equipment that is peculiar to special service
circuits. Carrier telephone terminals and carrier telephone repeaters
are examples of basic circuit equipment in general use, while audio
program transmission amplifiers, bridges, monitoring devices and volume
indicators are examples of special circuit equipment in general use.
* * * * *
(d) * * *
(1) Interexchange Circuit Equipment Furnished to Another Company
for Interstate Use--Category 4.21--This category comprises that circuit
equipment provided for the use of another company as an integral part
of its interexchange circuit facilities used wholly for interstate
services. This category includes such circuit equipment as telephone
carrier terminals and microwave systems used wholly for interstate
services. The total cost of the circuit equipment in this category for
the study area is assigned to the interstate operation
(e) * * *
(1) Interexchange Circuit Equipment Furnished to Another Company
for Interstate Use--Category 4.21--This category comprises that circuit
equipment provided for the use of another company as an integral part
of its interexchange circuit facilities used wholly for interstate
services. This category includes such circuit equipment as telephone
carrier terminals and microwave systems used wholly for interstate
services. The total cost of the circuit equipment in this category for
the study area is assigned to the interstate operation.
* * * * *
(3) * * *
(iii) The cost of special circuit equipment is segregated among
private line services based on an analysis of the use of the equipment
and in accordance with Sec. 36.126(b)(4). The special circuit
equipment cost assigned to private line services is directly assigned
to the appropriate operations.
* * * * *
PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS
0
3. The authority citation for part 42 continues to read as follows:
Authority: Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C.
154(i). Interprets or applies secs. 219 and 220, 48 Stat. 1077-78,
47 U.S.C. 219, 220.
Sec. 42.4 [Removed]
0
4. Remove Sec. 42.4.
Sec. 42.5 [Removed]
0
5. Remove Sec. 42.5.
Sec. 42.7 [Removed]
0
6. Remove Sec. 42.7.
PART 54--UNIVERSAL SERVICE
0
7. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
254, 303(r), 403, and 1302 unless otherwise noted.
Sec. 54.706 [Amended]
0
8. In Sec. 54.706, remove and reserve paragraph (a)(13).
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
0
9. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218,
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
0
10. Amend Sec. 63.60 by revising paragraph (c) to read as follows:
Sec. 63.60 Definitions.
* * * * *
(c) Emergency discontinuance, reduction, or impairment of service
means any discontinuance, reduction, or impairment of the service of a
carrier occasioned by conditions beyond the control of such carrier
where the original service is not restored or comparable service is not
established within a reasonable time. For the purpose of this part, a
reasonable time shall be deemed to be a period not in excess of the
following: 10 days in the case of public coast stations; and 60 days in
all other cases;
* * * * *
0
11. Amend Sec. 63.61 by revising the introductory text to read as
follows:
Sec. 63.61 Applicability.
Any carrier subject to the provisions of section 214 of the
Communications Act of 1934, as amended, proposing to discontinue,
reduce or impair interstate or foreign telephone service to a
community, or a part of a community, shall request authority therefor
by formal application or informal request as specified in the pertinent
sections of this part:
* * * * *
0
12. Amend Sec. 63.62 by revising the section heading to read as
follows:
Sec. 63.62 Type of discontinuance, reduction, or impairment of
telephone service requiring formal application.
* * * * *
Sec. 63.65 [Amended]
0
13. In Sec. 63.65, remove and reserve paragraph (a)(4).
0
14. Amend Sec. 63.500 by revising paragraph (g) to read as follows:
[[Page 25994]]
Sec. 63.500 Contents of applications to dismantle or remove a trunk
line.
* * * * *
(g) Name of any other carrier or carriers providing telephone
service to the community;
* * * * *
0
15. Amend Sec. 63.501 by revising paragraph (g) to read as follows:
Sec. 63.501 Contents of applications to sever physical connection or
to terminate or suspend interchange of traffic with another carrier.
* * * * *
(g) Name of any other carrier or carriers providing telephone
service to the community;
* * * * *
0
16. Amend Sec. 63.504 by revising paragraph (k) to read as follows:
Sec. 63.504 Contents of applications to close a public toll station
where no other such toll station of the applicant in the community will
continue service and where telephone toll service is not otherwise
available to the public through a telephone exchange connected with the
toll lines of a carrier.
* * * * *
(k) Description of the service involved, including a statement of
the number of toll telephone messages sent-paid and received-collect,
and the revenues from such traffic, in connection with the service
proposed to be discontinued for each of the past 6 months; and, if the
volume of such traffic handled in the area has decreased during recent
years, the reasons therefor.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
17. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless
otherwise noted.
Subpart A--[Removed and Reserved]
0
18. Remove and reserve subpart A, consisting of Sec. 64.1.
Subpart C--[Removed and Reserved]
0
19. Remove and reserve subpart C, consisting of Sec. 64.301.
Subpart E--[Removed and Reserved]
0
20. Remove and reserve subpart E, consisting of Sec. 64.501.
Sec. 64.804 [Amended]
0
21. In Sec. 64.804, remove and reserve paragraphs (c) through (g).
0
22. Revise Sec. 64.5001 to read as follows:
Sec. 64.5001 Reporting and certification requirements.
On a quarterly basis, every prepaid calling card provider must
submit to the Commission a certification, signed by an officer of the
company under penalty of perjury, stating that it is making the
required Universal Service Fund contribution based on the reported
information. This provision shall not apply to any prepaid calling card
provider that has timely filed every FCC Form 499-A and 499-Q due
during the preceding two-year period.
[FR Doc. 2015-10470 Filed 5-5-15; 8:45 am]
BILLING CODE 6712-01-P
