International Settlements Policy Reform, 11500-11502 [2016-04837]
Download as PDF
11500
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
it does not involve technical standards;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Authority: 42 U.S.C. 7401 et seq.
Dated: February 17, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2016–04753 Filed 3–3–16; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 63
[IB Docket Nos. 11–80, 10–95, 05–254, RM–
11322; FCC 16–13]
International Settlements Policy
Reform
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, based on
recent State Department guidance, the
Federal Communications Commission
(Commission) proposes to remove the
nondiscrimination prong of the
International Settlements Policy (ISP)
on the U.S.-Cuba route and the
nondiscrimination requirement
condition placed on the waiver of
benchmark settlements for the U.S.Cuba route by the TeleCuba Waiver
Order. Removal of these
nondiscrimination requirements would
allow U.S. carriers to enter into
individualized contracts with the Cuban
carrier.
DATES: Submit comments on or before
April 4, 2016, and replies on or before
April 18, 2016.
ADDRESSES: You may submit comments,
identified by Docket Nos. 11–80, 10–95,
05–254 and RM–11322, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s ECFS 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 to FCC504@
fcc.gov, phone: 202–418–0530 (voice),
tty: 202–418–0432.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
David Krech or Jodi Cooper,
Telecommunications and Analysis
Division, International Bureau, FCC,
(202) 418–1480 or via email to
David.Krech@fcc.gov, Jodi.Cooper@
fcc.gov. On PRA matters, contact Cathy
Williams, Office of the Managing
Director, FCC, (202) 418–2918 or via
email to Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Further
SUMMARY:
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
Notice of Proposed Rulemaking in IB
Docket Nos. 11–80, 10–95, 05–254 and
RM–11322, FCC 16–13, adopted on
February 10, 2016 and released on
February 12, 2016. The full text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Center, 445
12th Street SW., Washington, DC 20554.
The document also is available for
download over the Internet at https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-16-13A1.pdf.
Comment Filing Procedures
Pursuant to §§ 1.415, 1.419, interested
parties may file comments and reply
comments on or before the dates
indicated above. 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).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s ECFS Web
site at https://apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• 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.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
Summary of Further Notice of Proposed
Rulemaking
1. The Further Notice of Proposed
Rulemaking (FNPRM) proposes to
remove the nondiscrimination
E:\FR\FM\04MRP1.SGM
04MRP1
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
requirements from the U.S.-Cuba route.
Recent policy guidance from the U.S.
Department of State (State Department)
recommends that the Commission
discontinue application of the
nondiscrimination requirements on the
U.S.-Cuba route in light of the changes
in U.S.-Cuba relations. See Modification
of Process Regarding the Licensing of
Telecommunications Services Between
the United States and Cuba, Public
Notice, 30 FCC Rcd 12458 (IB 2015)
(2015 Cuba Public Notice). Currently,
under Commission policy and rules, the
terms and conditions of any operating
agreement to provide facilities-based
switched voice service on the U.S.-Cuba
route between a U.S. carrier and a
carrier with market power in Cuba must
be identical to the equivalent terms and
conditions in the agreement of any other
U.S. carrier providing the same or
similar service between the United
States and Cuba. The FNPRM seeks
comment on the State Department’s
recommendation for removal of the
nondiscrimination requirements based
on the changes in U.S.-Cuba relations
and whether such a Commission action
would serve the public interest.
Specifically, the FNPRM seeks comment
on removing (1) the nondiscrimination
prong of the International Settlements
Policy (ISP), as codified in 47 CFR
63.22(f), and (2) the nondiscrimination
requirement condition placed on the
waiver of benchmark settlements by the
TeleCuba Waiver Order. See IConnect
Wholesale, Inc., d/b/a TeleCuba;
Petition for Waiver of the International
Settlements Policy and Benchmark Rate
for Facilities-Based
Telecommunications Services with
Cuba, Memorandum Opinion and
Order, 26 FCC Rcd 5217, 5228, para. 31
(IB 2011) (TeleCuba Waiver Order).
2. The FNPRM seeks comment on
whether removal of these
nondiscrimination requirements would
serve the public interest, for example,
by leading to more direct agreements
between U.S. carriers and the Cuban
carrier, ETECSA. In the 2012 ISP Reform
Order, 78 FR 11109 (Feb. 15, 2013), the
Commission found that removal of the
ISP on all routes (except the
nondiscrimination prong on the U.S.Cuba route) would provide U.S. carriers
greater flexibility to negotiate lower
settlement rates. See International
Settlement Policy Reform et al., Report
and Order, 27 FCC Rcd 15521 (2012)
(2012 ISP Reform Order). Do
commenters agree that circumstances
have now changed sufficiently with
respect to Cuba to anticipate that the
removal of the nondiscrimination prong
of the ISP on the U.S.-Cuba route will
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
provide similar opportunities? More
generally, comment is sought on
whether removal of these
nondiscrimination requirements may
encourage competition on the U.S.-Cuba
route. Would the ability of U.S. carriers
to negotiate individualized operating
agreements with ETECSA give U.S.
carriers the ability to negotiate lower
rates? Are there any concerns that
removal of our nondiscrimination
requirements would cause
discrimination or threats of
discrimination or other anticompetitive
actions against U.S. carriers as a strategy
to obtain pricing concessions regarding
the exchange of traffic between the
United States and Cuba?
3. The FNPRM observes that the
operation of the current benchmark
settlement rate for telecommunications
services between the United States and
Cuba—which we are not proposing to
change—will continue to provide a
safeguard against anticompetitive
actions against U.S. carriers. (The State
Department recommends that the
Commission continue to apply the
benchmarks settlement policy on the
U.S.-Cuba route, but continue to allow
waivers of limited duration. See 2015
Cuba Public Notice, 30 FCC Rcd at
12461.) Although carriers may still
obtain operating agreements above the
benchmark rate, such agreements would
require Commission grant of a waiver of
the benchmark rate before they could go
into effect, and, in considering the
waiver, the Commission would have the
opportunity to assess on a case-by-case
basis whether allowing an above
benchmark settlement rate without the
protections of a nondiscrimination rule
(with or without conditions) would
serve the public interest. Comment is
sought on these observations.
4. Currently, any agreement with
ETECSA is routinely made available for
public inspection under the
nondiscrimination requirement
condition placed on the waiver of the
benchmark settlements in the TeleCuba
Waiver Order. TeleCuba Waiver Order,
26 FCC Rcd at 5228, para. 31. The FPRM
seeks comment on whether, if the
Commission is to remove the
nondiscrimination requirement in the
TeleCuba Waiver Order, it also should
no longer consider operating agreements
between a U.S. carrier and ETECSA to
be routinely available for public
inspection. In that waiver order, the
International Bureau adopted other
conditions that it believed would help
‘‘balance the policy goals of
reestablishing direct
telecommunications links with Cuba by
U.S. carriers with promoting
competition and lower international
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
11501
calling rates for services to Cuba, as well
as other international routes.’’ TeleCuba
Waiver Order, 26 FCC Rcd at 5222, para.
15. Commenters may address whether it
would serve the public interest to
reevaluate other conditions adopted in
the TeleCuba Waiver Order in light of
the proposed changes. Finally, the
FNPRM seeks comment on whether
there are other actions the Commission
should take involving the U.S.-Cuba
route to facilitate the provision of
service between the United States and
Cuba.
Initial Paperwork Reduction Act of
1995 Analysis
5. The Further Notice does not
contain new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995,
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 2002.1
Initial Regulatory Flexibility
Certification
6. The Regulatory Flexibility Act of
1980, as amended (RFA),2 requires that
an initial regulatory flexibility analysis
be prepared for notice-and-comment
rule making proceedings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ 3 The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ 4 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.5 A
‘‘small business concern’’ is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
1 Public Law 107–198, 116 Stat. 729 (2002); see
44 U.S.C. 3506 (c)(4).
2 See 5 U.S.C. 603. The RFA, 5 U.S.C. 2002);
§601–612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
847, 857 (1996).
3 5 U.S.C. 605(b).
4 5 U.S.C. 601(6).
5 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definitions(s) in the
Federal Register’’.
E:\FR\FM\04MRP1.SGM
04MRP1
jstallworth on DSK7TPTVN1PROD with PROPOSALS
11502
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
7. The Commission has licensed
facilities-based telecommunications
between the United States and Cuba
based on policy guidance from the State
due to the unique relationship between
the United States and Cuba. The State
Department has recently provided new
guidance that recommends that the
Commission remove the
nondiscrimination requirements placed
on the U.S.-Cuba route.
8. In this Further Notice, the
Commission seeks comment on
proposals to remove the
nondiscrimination requirements for the
provision of telecommunications
services between the United States and
Cuba. We seek comment on whether, if
we are to remove the nondiscrimination
requirements, we also should no longer
consider operating agreements between
a U.S. carrier and ETECSA to be
routinely available for public
inspection. The proposals in this
Further Notice are designed to allow
U.S. carriers to negotiate individualized
operating agreements with ETECSA, the
Cuban carrier. Allowing U.S. carriers to
negotiate individualized operating
agreements may lead to more U.S.
carriers entering into operating
agreements with ETECSA, more direct
connections between the United States
and Cuba, and lower settlement rates on
the U.S.-Cuba route.
9. The proposals in this Further
Notice, if adopted, would not change
the need for a U.S. carrier to reach an
agreement with the Cuban carrier and to
file the agreement with the Commission.
Therefore, these rule changes should not
have a significant economic impact on
any carrier. Further, these requirements
are only applicable to facilities-based
carriers, which are generally large
companies and do not come within the
definition of small businesses.
Consequently, we do not believe that
the proposals affect a substantial
number of small businesses.
Accordingly, the Commission certifies
that the proposed rule change will not
have a significant economic impact on
a substantial number of small entities.
The Commission will send a copy of the
Further Notice, including a copy of this
Initial Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the SBA. This initial
certification will also be published in
the Federal Register.
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
154(j), 201–205, 208, 211, 214, 303(r),
309, and 403, this Further Notice of
Proposed Rulemaking IS ADOPTED.
11. IT IS FUTHER ORDERED that
NOTICE IS HEREBY GIVEN of the
proposed regulatory changes to
Commission policy and rules described
in this Further Notice of Proposed
Rulemaking and that comment is sought
on these proposals.
12. IT IS FURTHER ORDERED that
the Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Further Notice of Proposed
Rulemaking, including the Initial
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 63
Communications common carriers,
Telecommunications.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 63 as follows:
Proposed Rules
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
1. 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.
63.22
[Amended].
2. In § 63.22 remove and reserve
paragraph (f).
■
[FR Doc. 2016–04837 Filed 3–3–16; 8:45 am]
BILLING CODE 6712–01–P
Ordering Clauses
10. IT IS ORDERED that, pursuant to
Sections 1, 2, 4(i), 4(j), 201–205, 208,
211, 214, 303(r), 309, and 403, of the
VerDate Sep<11>2014
14:02 Mar 03, 2016
Jkt 238001
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150303208–6099–01]
RIN 0648–BE70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Amendment 35
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 35 to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) (Amendment 35),
as prepared and submitted by the South
Atlantic Fishery Management Council
(Council). The proposed rule, if
implemented, would remove black
snapper, mahogany snapper, dog
snapper, and schoolmaster from the
FMP as well as revise regulations
regarding the golden tilefish longline
endorsement program. The purpose of
this rule is to ensure that only snappergrouper species requiring Federal
management are included in the
Snapper-Grouper FMP, improve the
consistency of management of snappergrouper species in waters off south
Florida across state and Federal
jurisdictional boundaries, and to align
regulations for golden tilefish longline
endorsements with the Council’s
original intent for establishing the
longline endorsement program.
DATES: Written comments must be
received on or before April 4, 2016.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2015–0076’’ by any of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150076, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
SUMMARY:
E:\FR\FM\04MRP1.SGM
04MRP1
Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11500-11502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04837]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 63
[IB Docket Nos. 11-80, 10-95, 05-254, RM-11322; FCC 16-13]
International Settlements Policy Reform
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, based on recent State Department guidance,
the Federal Communications Commission (Commission) proposes to remove
the nondiscrimination prong of the International Settlements Policy
(ISP) on the U.S.-Cuba route and the nondiscrimination requirement
condition placed on the waiver of benchmark settlements for the U.S.-
Cuba route by the TeleCuba Waiver Order. Removal of these
nondiscrimination requirements would allow U.S. carriers to enter into
individualized contracts with the Cuban carrier.
DATES: Submit comments on or before April 4, 2016, and replies on or
before April 18, 2016.
ADDRESSES: You may submit comments, identified by Docket Nos. 11-80,
10-95, 05-254 and RM-11322, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's ECFS 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 to FCC504@fcc.gov, phone: 202-418-
0530 (voice), tty: 202-418-0432.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: David Krech or Jodi Cooper,
Telecommunications and Analysis Division, International Bureau, FCC,
(202) 418-1480 or via email to David.Krech@fcc.gov,
Jodi.Cooper@fcc.gov. On PRA matters, contact Cathy Williams, Office of
the Managing Director, FCC, (202) 418-2918 or via email to
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking in IB Docket Nos. 11-80, 10-95,
05-254 and RM-11322, FCC 16-13, adopted on February 10, 2016 and
released on February 12, 2016. The full text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Center, 445 12th Street SW., Washington, DC 20554.
The document also is available for download over the Internet at
https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-13A1.pdf.
Comment Filing Procedures
Pursuant to Sec. Sec. 1.415, 1.419, interested parties may file
comments and reply comments on or before the dates indicated above.
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).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's ECFS Web site at
https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
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.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington DC 20554.
Summary of Further Notice of Proposed Rulemaking
1. The Further Notice of Proposed Rulemaking (FNPRM) proposes to
remove the nondiscrimination
[[Page 11501]]
requirements from the U.S.-Cuba route. Recent policy guidance from the
U.S. Department of State (State Department) recommends that the
Commission discontinue application of the nondiscrimination
requirements on the U.S.-Cuba route in light of the changes in U.S.-
Cuba relations. See Modification of Process Regarding the Licensing of
Telecommunications Services Between the United States and Cuba, Public
Notice, 30 FCC Rcd 12458 (IB 2015) (2015 Cuba Public Notice).
Currently, under Commission policy and rules, the terms and conditions
of any operating agreement to provide facilities-based switched voice
service on the U.S.-Cuba route between a U.S. carrier and a carrier
with market power in Cuba must be identical to the equivalent terms and
conditions in the agreement of any other U.S. carrier providing the
same or similar service between the United States and Cuba. The FNPRM
seeks comment on the State Department's recommendation for removal of
the nondiscrimination requirements based on the changes in U.S.-Cuba
relations and whether such a Commission action would serve the public
interest. Specifically, the FNPRM seeks comment on removing (1) the
nondiscrimination prong of the International Settlements Policy (ISP),
as codified in 47 CFR 63.22(f), and (2) the nondiscrimination
requirement condition placed on the waiver of benchmark settlements by
the TeleCuba Waiver Order. See IConnect Wholesale, Inc., d/b/a
TeleCuba; Petition for Waiver of the International Settlements Policy
and Benchmark Rate for Facilities-Based Telecommunications Services
with Cuba, Memorandum Opinion and Order, 26 FCC Rcd 5217, 5228, para.
31 (IB 2011) (TeleCuba Waiver Order).
2. The FNPRM seeks comment on whether removal of these
nondiscrimination requirements would serve the public interest, for
example, by leading to more direct agreements between U.S. carriers and
the Cuban carrier, ETECSA. In the 2012 ISP Reform Order, 78 FR 11109
(Feb. 15, 2013), the Commission found that removal of the ISP on all
routes (except the nondiscrimination prong on the U.S.-Cuba route)
would provide U.S. carriers greater flexibility to negotiate lower
settlement rates. See International Settlement Policy Reform et al.,
Report and Order, 27 FCC Rcd 15521 (2012) (2012 ISP Reform Order). Do
commenters agree that circumstances have now changed sufficiently with
respect to Cuba to anticipate that the removal of the nondiscrimination
prong of the ISP on the U.S.-Cuba route will provide similar
opportunities? More generally, comment is sought on whether removal of
these nondiscrimination requirements may encourage competition on the
U.S.-Cuba route. Would the ability of U.S. carriers to negotiate
individualized operating agreements with ETECSA give U.S. carriers the
ability to negotiate lower rates? Are there any concerns that removal
of our nondiscrimination requirements would cause discrimination or
threats of discrimination or other anticompetitive actions against U.S.
carriers as a strategy to obtain pricing concessions regarding the
exchange of traffic between the United States and Cuba?
3. The FNPRM observes that the operation of the current benchmark
settlement rate for telecommunications services between the United
States and Cuba--which we are not proposing to change--will continue to
provide a safeguard against anticompetitive actions against U.S.
carriers. (The State Department recommends that the Commission continue
to apply the benchmarks settlement policy on the U.S.-Cuba route, but
continue to allow waivers of limited duration. See 2015 Cuba Public
Notice, 30 FCC Rcd at 12461.) Although carriers may still obtain
operating agreements above the benchmark rate, such agreements would
require Commission grant of a waiver of the benchmark rate before they
could go into effect, and, in considering the waiver, the Commission
would have the opportunity to assess on a case-by-case basis whether
allowing an above benchmark settlement rate without the protections of
a nondiscrimination rule (with or without conditions) would serve the
public interest. Comment is sought on these observations.
4. Currently, any agreement with ETECSA is routinely made available
for public inspection under the nondiscrimination requirement condition
placed on the waiver of the benchmark settlements in the TeleCuba
Waiver Order. TeleCuba Waiver Order, 26 FCC Rcd at 5228, para. 31. The
FPRM seeks comment on whether, if the Commission is to remove the
nondiscrimination requirement in the TeleCuba Waiver Order, it also
should no longer consider operating agreements between a U.S. carrier
and ETECSA to be routinely available for public inspection. In that
waiver order, the International Bureau adopted other conditions that it
believed would help ``balance the policy goals of reestablishing direct
telecommunications links with Cuba by U.S. carriers with promoting
competition and lower international calling rates for services to Cuba,
as well as other international routes.'' TeleCuba Waiver Order, 26 FCC
Rcd at 5222, para. 15. Commenters may address whether it would serve
the public interest to reevaluate other conditions adopted in the
TeleCuba Waiver Order in light of the proposed changes. Finally, the
FNPRM seeks comment on whether there are other actions the Commission
should take involving the U.S.-Cuba route to facilitate the provision
of service between the United States and Cuba.
Initial Paperwork Reduction Act of 1995 Analysis
5. The Further Notice does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995,
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.\1\
---------------------------------------------------------------------------
\1\ Public Law 107-198, 116 Stat. 729 (2002); see 44 U.S.C. 3506
(c)(4).
---------------------------------------------------------------------------
Initial Regulatory Flexibility Certification
6. The Regulatory Flexibility Act of 1980, as amended (RFA),\2\
requires that an initial regulatory flexibility analysis be prepared
for notice-and-comment rule making proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' \3\ The
RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' \4\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\5\ A ``small business concern'' is one
which: (1) Is independently owned and operated; (2) is not dominant in
its field
[[Page 11502]]
of operation; and (3) satisfies any additional criteria established by
the Small Business Administration (SBA).
---------------------------------------------------------------------------
\2\ See 5 U.S.C. 603. The RFA, 5 U.S.C. 2002); Sec. 601-612, has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847,
857 (1996).
\3\ 5 U.S.C. 605(b).
\4\ 5 U.S.C. 601(6).
\5\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definitions(s) in the Federal
Register''.
---------------------------------------------------------------------------
7. The Commission has licensed facilities-based telecommunications
between the United States and Cuba based on policy guidance from the
State due to the unique relationship between the United States and
Cuba. The State Department has recently provided new guidance that
recommends that the Commission remove the nondiscrimination
requirements placed on the U.S.-Cuba route.
8. In this Further Notice, the Commission seeks comment on
proposals to remove the nondiscrimination requirements for the
provision of telecommunications services between the United States and
Cuba. We seek comment on whether, if we are to remove the
nondiscrimination requirements, we also should no longer consider
operating agreements between a U.S. carrier and ETECSA to be routinely
available for public inspection. The proposals in this Further Notice
are designed to allow U.S. carriers to negotiate individualized
operating agreements with ETECSA, the Cuban carrier. Allowing U.S.
carriers to negotiate individualized operating agreements may lead to
more U.S. carriers entering into operating agreements with ETECSA, more
direct connections between the United States and Cuba, and lower
settlement rates on the U.S.-Cuba route.
9. The proposals in this Further Notice, if adopted, would not
change the need for a U.S. carrier to reach an agreement with the Cuban
carrier and to file the agreement with the Commission. Therefore, these
rule changes should not have a significant economic impact on any
carrier. Further, these requirements are only applicable to facilities-
based carriers, which are generally large companies and do not come
within the definition of small businesses. Consequently, we do not
believe that the proposals affect a substantial number of small
businesses. Accordingly, the Commission certifies that the proposed
rule change will not have a significant economic impact on a
substantial number of small entities. The Commission will send a copy
of the Further Notice, including a copy of this Initial Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
SBA. This initial certification will also be published in the Federal
Register.
Ordering Clauses
10. IT IS ORDERED that, pursuant to Sections 1, 2, 4(i), 4(j), 201-
205, 208, 211, 214, 303(r), 309, and 403, of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 201-205, 208,
211, 214, 303(r), 309, and 403, this Further Notice of Proposed
Rulemaking IS ADOPTED.
11. IT IS FUTHER ORDERED that NOTICE IS HEREBY GIVEN of the
proposed regulatory changes to Commission policy and rules described in
this Further Notice of Proposed Rulemaking and that comment is sought
on these proposals.
12. IT IS FURTHER ORDERED that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 63
Communications common carriers, Telecommunications.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 63 as follows:
Proposed Rules
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
1. 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.
63.22 [Amended].
0
2. In Sec. 63.22 remove and reserve paragraph (f).
[FR Doc. 2016-04837 Filed 3-3-16; 8:45 am]
BILLING CODE 6712-01-P