Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, 66147-66148 [2018-27833]

Download as PDF amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations Estimated Time per Response: 0.5–4.5 hours. Frequency of Response: On occasion reporting requirements; recordkeeping; third party disclosure requirements. Obligation to Respond: Required to obtain or retain benefits. Statutory authority is contained in 47 U.S.C. 222 and 251. Total Annual Burden: 575,448 hours. Total Annual Cost: No cost(s). Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: Section 251 of the Communications Act of 1934, as amended, 47 U.S.C. 251, is designed to accelerate private sector development and deployment of telecommunications technologies and services by spurring competition. Section 222(e) is also designed to spur competition by prescribing requirements for the sharing of subscriber list information. These information collection requirements are designed to help implement certain provisions of sections 222(e) and 251, and to eliminate operational barriers to competition in the telecommunications services market. Specifically, these information collection requirements will be used to implement (1) local exchange carriers’ (‘‘LECs’’) obligations to provide their competitors with dialing parity and non-discriminatory access to certain services and functionalities; (2) incumbent local exchange carriers’ (‘‘ILECs’’) duty to make network information disclosures; and (3) numbering administration. The revisions to this collection relate to changes in one of many components of the currently approved collection— specifically, certain reporting, recordkeeping and/or third-party disclosure requirements under section 251(c)(5). In November 2017, the Commission adopted new rules concerning certain information collection requirements implemented under section 251(c)(5) of the Act, pertaining to network change disclosures. Most of the changes to those rules applied specifically to a VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 certain subset of network change disclosures, namely notices of planned copper retirements. In addition, the changes removed a rule that prohibits incumbent LECs from engaging in useful advanced coordination with entities affected by network changes. In June 2018, the Commission revised its network change disclosure rules to (1) revise the types of network changes that trigger an incumbent LEC’s public notice obligation, and (2) extend the force majeure provisions applicable to copper retirements to all types of network changes. The changes are aimed at removing unnecessary regulatory barriers to the deployment of high-speed broadband networks. The Commission estimates that these revisions do not result in any change to the total annual burden hours or any additional outlays of funds for hiring outside contractors or procuring equipment as the changes eliminate notices that are subsumed by notice obligations that remain in force or simply codify procedures available to a small number of incumbent LECs by waiver orders. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2018–27834 Filed 12–21–18; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 63 [WC Docket No. 17–84; FCC 18–74] Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s discontinuance rules. This document is consistent with the Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Second Report and Order, FCC 18–74, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The amendments to 47 CFR 63.71(f), (h), (k) introductory text, (k)(1) SUMMARY: PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 66147 and (3), and (l), published at 83 FR 31659, July 9, 2018, are effective on December 26, 2018. FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Special Counsel, Wireline Competition Bureau, at (202) 418–1477, or by email at Michele.Berlove@fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418–2991 or nicole.ongele@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that, on December 6, 2018, OMB approved, for a period of three years, the information collection requirements relating to certain discontinuance rules contained in the Commission’s Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Second Report and Order, FCC 18–74, published at 83 FR 31659, July 9, 2018, as specified above. The OMB Control Number is 3060– 0149. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, Room 1– A620, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060–0149, in your correspondence. The Commission will also accept your comments via email at PRA@fcc.gov. 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 and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on December 6, 2018, for the information collection requirements contained in the modifications to the Commission’s rules in 47 CFR part 63. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control E:\FR\FM\26DER1.SGM 26DER1 amozie on DSK3GDR082PROD with RULES 66148 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations Number. The OMB Control Number is 3060–0149. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0149. OMB Approval Date: December 6, 2018. OMB Expiration Date: December 31, 2021. Title: Part 63, Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17–84, FCC 18–74. Form Number: N/A. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 80 respondents; 88 responses. Estimated Time per Response: 6–63 hours. Frequency of Response: One-time reporting requirement and third-party disclosure requirements. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this collection of information is contained in 47 U.S.C. Sections 214 and 402 of the Communications Act of 1934, as amended. Total Annual Burden: 1,086 hours. Total Annual Cost: $27,900. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission is not requesting that the respondents submit confidential information to the FCC. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission is seeking Office of Management and Budget (OMB) approval for a revision of a currently approved collection to OMB. The Commission will submit this information collection after this 60-day comment period. Section 214 of the Communications Act of 1934, as amended, requires that a carrier must first obtain FCC authorization either to (1) construct, operate, or engage in transmission over a line of communications; or (2) discontinue, reduce or impair service over a line of communications. Part 63 of title 47 of the Code of Federal Regulations (CFR) implements Section 214. Part 63 also implements provisions of the Cable Communications Policy Act of 1984 pertaining to video which was approved under this OMB Control Number 3060– VerDate Sep<11>2014 16:56 Dec 21, 2018 Jkt 247001 0149. In 2009, the Commission modified part 63 to extend to providers of interconnected Voice of internet Protocol (VoIP) service the discontinuance obligations that apply to domestic non-dominant telecommunications carriers under Section 214 of the Communications Act of 1934, as amended. In 2014, the Commission adopted improved administrative filing procedures for domestic transfers of control, domestic discontinuances and notices of network changes, and among other adjustments, modified part 63 to require electronic filing for applications for authorization to discontinue, reduce, or impair service under section 214(a) of the Act. In July 2016, the Commission concluded that applicants seeking to discontinue a legacy time division multiplexing (TDM)-based voice service as part of a transition to a new technology, whether internet Protocol (IP), wireless, or another type (technology transition discontinuance application) must demonstrate that an adequate replacement for the legacy service exists in order to be eligible for streamlined treatment and revised part 63 accordingly. The Commission concluded that an applicant for a technology transition discontinuance may demonstrate that a service is an adequate replacement for a legacy voice service by certifying or showing that one or more replacement service(s) offers all of the following: (i) Substantially similar levels of network infrastructure and service quality as the applicant service; (ii) compliance with existing federal and/or industry standards required to ensure that critical applications such as 911, network security, and applications for individuals with disabilities remain available; and (iii) interoperability and compatibility with an enumerated list of applications and functionalities determined to be key to consumers and competitors (the ‘‘adequate replacement test’’). In June 2018, the Commission further modified the rules applicable to section 214(a) discontinuance applications. First, all carriers, whether dominant or non-dominant, that seek approval to grandfather data services below speeds of 25 Mbps download speed and 3 Mbps upload speed are now subject to a uniform reduced public comment period of 10 days and an automatic grant period of 25 days. Second, all carriers, whether dominant or nondominant, seeking authorization to discontinue data services below speeds of 25 Mbps download speed and 3 Mbps upload speed that have previously been grandfathered for a period of at least 180 PO 00000 Frm 00072 Fmt 4700 Sfmt 9990 days are subject to a uniform reduced public comment period of 10 days and an automatic grant period of 31 days, provided they submit a statement as part of their discontinuance application that they have received Commission authority to grandfather the services at issue at least 180 days prior to the filing of the discontinuance application. This statement must reference the file number of the prior Commission authorization to grandfather the services the carrier now seeks to permanently discontinue. Third, carriers are no longer required to file an application to discontinue, reduce, or impair any service for which it has had no customers and no request for service for at least a 30-day period immediately preceding the discontinuance. Fourth, all carriers, whether dominant or nondominant, that seek approval to discontinue legacy voice service can obtain further streamlined processing with a public comment period of 15 days and an automatic grant period of 31 days, provided (1) they offer a standalone interconnected VoIP service throughout the service area, and (2) at least one alternative stand-alone, facilities-based voice service is available from an unaffiliated provider throughout the affected service area (the ‘‘alternative options test’’). Finally, all carriers, whether dominant or nondominant, that seek approval to grandfather legacy voice service are now subject to a uniform reduced public comment period of 10 days and an automatic grant period of 25 days. The Commission estimates that it will receive three fewer section 214(a) discontinuance applications annually in light of the Commission’s forbearance from applying its section 214(a) discontinuance requirements to services for which the carrier has had no customers and no reasonable requests for service during the preceding 30-day period. The Commission also anticipates that the number of respondents and responses under the adequate replacement test will likely decrease from 5 and 25, respectively, to 2 and 10, respectively. The remaining 15 responses previously attributable to the adequate replacement test will likely proceed pursuant to the less rigorous alternative options test. The Commission estimates that the total annual burden of the entire collection, as revised, is reduced from 1,923 hours to 1,086 hours. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2018–27833 Filed 12–21–18; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66147-66148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27833]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[WC Docket No. 17-84; FCC 18-74]


Accelerating Wireline Broadband Deployment by Removing Barriers 
to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's 
discontinuance rules. This document is consistent with the Accelerating 
Wireline Broadband Deployment by Removing Barriers to Infrastructure 
Investment Second Report and Order, FCC 18-74, which stated that the 
Commission would publish a document in the Federal Register announcing 
the effective date of those rules.

DATES: The amendments to 47 CFR 63.71(f), (h), (k) introductory text, 
(k)(1) and (3), and (l), published at 83 FR 31659, July 9, 2018, are 
effective on December 26, 2018.

FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Special Counsel, 
Wireline Competition Bureau, at (202) 418-1477, or by email at 
Michele.Berlove@fcc.gov.
    For additional information concerning the Paperwork Reduction Act 
information collection requirements, contact Nicole Ongele at (202) 
418-2991 or nicole.ongele@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on December 6, 
2018, OMB approved, for a period of three years, the information 
collection requirements relating to certain discontinuance rules 
contained in the Commission's Accelerating Wireline Broadband 
Deployment by Removing Barriers to Infrastructure Investment Second 
Report and Order, FCC 18-74, published at 83 FR 31659, July 9, 2018, as 
specified above.
    The OMB Control Number is 3060-0149. The Commission publishes this 
document as an announcement of the effective date of the rules. If you 
have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Nicole Ongele, Federal Communications 
Commission, Room 1-A620, 445 12th Street SW, Washington, DC 20554. 
Please include the OMB Control Number, 3060-0149, in your 
correspondence. The Commission will also accept your comments via email 
at PRA@fcc.gov.
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on December 6, 2018, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR part 63.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control

[[Page 66148]]

Number. The OMB Control Number is 3060-0149.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0149.
    OMB Approval Date: December 6, 2018.
    OMB Expiration Date: December 31, 2021.
    Title: Part 63, Accelerating Wireline Broadband Deployment by 
Removing Barriers to Infrastructure Investment, WC Docket No. 17-84, 
FCC 18-74.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 80 respondents; 88 responses.
    Estimated Time per Response: 6-63 hours.
    Frequency of Response: One-time reporting requirement and third-
party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. Sections 214 and 402 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 1,086 hours.
    Total Annual Cost: $27,900.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
FCC. Respondents may, however, request confidential treatment for 
information they believe to be confidential under 47 CFR 0.459 of the 
Commission's rules.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for a revision of a currently approved collection 
to OMB. The Commission will submit this information collection after 
this 60-day comment period. Section 214 of the Communications Act of 
1934, as amended, requires that a carrier must first obtain FCC 
authorization either to (1) construct, operate, or engage in 
transmission over a line of communications; or (2) discontinue, reduce 
or impair service over a line of communications. Part 63 of title 47 of 
the Code of Federal Regulations (CFR) implements Section 214. Part 63 
also implements provisions of the Cable Communications Policy Act of 
1984 pertaining to video which was approved under this OMB Control 
Number 3060-0149. In 2009, the Commission modified part 63 to extend to 
providers of interconnected Voice of internet Protocol (VoIP) service 
the discontinuance obligations that apply to domestic non-dominant 
telecommunications carriers under Section 214 of the Communications Act 
of 1934, as amended. In 2014, the Commission adopted improved 
administrative filing procedures for domestic transfers of control, 
domestic discontinuances and notices of network changes, and among 
other adjustments, modified part 63 to require electronic filing for 
applications for authorization to discontinue, reduce, or impair 
service under section 214(a) of the Act. In July 2016, the Commission 
concluded that applicants seeking to discontinue a legacy time division 
multiplexing (TDM)-based voice service as part of a transition to a new 
technology, whether internet Protocol (IP), wireless, or another type 
(technology transition discontinuance application) must demonstrate 
that an adequate replacement for the legacy service exists in order to 
be eligible for streamlined treatment and revised part 63 accordingly. 
The Commission concluded that an applicant for a technology transition 
discontinuance may demonstrate that a service is an adequate 
replacement for a legacy voice service by certifying or showing that 
one or more replacement service(s) offers all of the following: (i) 
Substantially similar levels of network infrastructure and service 
quality as the applicant service; (ii) compliance with existing federal 
and/or industry standards required to ensure that critical applications 
such as 911, network security, and applications for individuals with 
disabilities remain available; and (iii) interoperability and 
compatibility with an enumerated list of applications and 
functionalities determined to be key to consumers and competitors (the 
``adequate replacement test'').
    In June 2018, the Commission further modified the rules applicable 
to section 214(a) discontinuance applications. First, all carriers, 
whether dominant or non-dominant, that seek approval to grandfather 
data services below speeds of 25 Mbps download speed and 3 Mbps upload 
speed are now subject to a uniform reduced public comment period of 10 
days and an automatic grant period of 25 days. Second, all carriers, 
whether dominant or non-dominant, seeking authorization to discontinue 
data services below speeds of 25 Mbps download speed and 3 Mbps upload 
speed that have previously been grandfathered for a period of at least 
180 days are subject to a uniform reduced public comment period of 10 
days and an automatic grant period of 31 days, provided they submit a 
statement as part of their discontinuance application that they have 
received Commission authority to grandfather the services at issue at 
least 180 days prior to the filing of the discontinuance application. 
This statement must reference the file number of the prior Commission 
authorization to grandfather the services the carrier now seeks to 
permanently discontinue. Third, carriers are no longer required to file 
an application to discontinue, reduce, or impair any service for which 
it has had no customers and no request for service for at least a 30-
day period immediately preceding the discontinuance. Fourth, all 
carriers, whether dominant or non-dominant, that seek approval to 
discontinue legacy voice service can obtain further streamlined 
processing with a public comment period of 15 days and an automatic 
grant period of 31 days, provided (1) they offer a stand-alone 
interconnected VoIP service throughout the service area, and (2) at 
least one alternative stand-alone, facilities-based voice service is 
available from an unaffiliated provider throughout the affected service 
area (the ``alternative options test''). Finally, all carriers, whether 
dominant or non-dominant, that seek approval to grandfather legacy 
voice service are now subject to a uniform reduced public comment 
period of 10 days and an automatic grant period of 25 days. The 
Commission estimates that it will receive three fewer section 214(a) 
discontinuance applications annually in light of the Commission's 
forbearance from applying its section 214(a) discontinuance 
requirements to services for which the carrier has had no customers and 
no reasonable requests for service during the preceding 30-day period. 
The Commission also anticipates that the number of respondents and 
responses under the adequate replacement test will likely decrease from 
5 and 25, respectively, to 2 and 10, respectively. The remaining 15 
responses previously attributable to the adequate replacement test will 
likely proceed pursuant to the less rigorous alternative options test. 
The Commission estimates that the total annual burden of the entire 
collection, as revised, is reduced from 1,923 hours to 1,086 hours.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-27833 Filed 12-21-18; 8:45 am]
 BILLING CODE 6712-01-P
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