Wireline Competition Bureau Seeks To Refresh the Record on Ancillary Service Charges Related to Inmate Calling Services, 9444-9446 [2020-03110]
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9444
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Proposed Rules
induced by copper, iron, and
manganese, the Administrator
determined that the petitioner requested
the addition of both Parkinson’s disease
and parkinsonism, including heavy
metal-induced parkinsonism.
D. Review of Scientific and Medical
Information and Administrator
Determination
In response to Petition 025, and
pursuant to the Program policy on the
addition of non-cancer health
conditions to the List, the Program
conducted a review of the scientific
literature on Parkinson’s disease and
parkinsonism, including heavy metalinduced parkinsonism, to identify peerreviewed, published, epidemiologic
studies of the health condition in the 9/
11-exposed population.20
Neither the references provided in the
petitions, including those described
above, nor the literature search
conducted by the Program identified
any peer-reviewed, published,
epidemiologic studies of either
Parkinson’s disease or parkinsonism,
including heavy metal-induced
parkinsonism, in 9/11-exposed
populations. Pursuant to the WTC
Health Program’s policy on the
evaluation of petitions,21 since no peerreviewed, published, epidemiologic
studies of Parkinson’s disease or
parkinsonism, including heavy metalinduced parkinsonism, in 9/11
populations were identified, the
Program was unable to conduct an
evaluation of scientific evidence to
determine the likelihood of a causal
association between 9/11 exposures and
the petitioned health conditions.
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E. Administrator’s Final Decision on
Whether To Propose the Addition of
Parkinson’s Disease and Parkinsonism,
Including Heavy Metal-Induced
Parkinsonism, to the List
Pursuant to PHS Act, sec.
3312(a)(6)(B)(iv) and 42 CFR
88.16(a)(2)(iv), the Administrator has
20 Databases searched include: CINAHL, Embase,
NIOSHTIC–2, ProQuest Health & Safety, PsycINFO,
PubMed, Scopus, Toxicology Abstracts, TOXLINE,
and the WTCHP Research Compendium Endnote
Database. Keywords/phrases used to conduct the
search include: World Trade Center; WTC;
September 11; parkinsonian disorders; parkinson*;
manganism; supranuclear palsy, progressive;
progressive supranuclear palsy; multiple system
atrophy; multiple system atrophy; Lewy body
disease; dementia with Lewy bodies; corticobasal
degeneration; hypokinesia; bradykinesia; tremor;
tremors; slow movement; stiffness; muscle rigidity;
rigidity; masked face; micrographia; monotonous
speech; loss of postural reflex; cock-walk gait;
asymmetric dystonia; levodopa; basal ganglia; and
basal ganglia nuclei. The literature search was
conducted in English-language journals on
December 27, 2019.
21 See supra note 5.
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17:08 Feb 18, 2020
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determined that insufficient evidence is
available to take further action at this
time, including proposing the addition
of Parkinson’s disease and
parkinsonism, including heavy metalinduced parkinsonism, to the List
(pursuant to PHS Act, sec.
3312(a)(6)(B)(ii) and 42 CFR
88.16(a)(2)(ii)) or publishing a
determination not to publish a proposed
rule in the Federal Register (pursuant to
PHS Act, sec. 3312(a)(6)(B)(iii) and 42
CFR 88.16(a)(2)(iii)). The Administrator
has also determined that requesting a
recommendation from the STAC
(pursuant to PHS Act, sec.
3312(a)(6)(B)(i) and 42 CFR
88.16(a)(2)(i)) is unwarranted.
For the reasons discussed above, the
Petition 025 request to add Parkinson’s
disease and parkinsonism, including
heavy metal-induced parkinsonism, to
the List of WTC-Related Health
Conditions is denied.
F. Approval To Submit Document to the
Office of the Federal Register
The Secretary, HHS, or his designee,
the Director, Centers for Disease Control
and Prevention (CDC) and
Administrator, Agency for Toxic
Substances and Disease Registry
(ATSDR), authorized the undersigned,
the Administrator of the WTC Health
Program, to sign and submit the
document to the Office of the Federal
Register for publication as an official
document of the WTC Health Program.
Robert Redfield M.D., Director, CDC,
and Administrator, ATSDR, approved
this document for publication on
February 3, 2020.
John J. Howard,
Administrator, World Trade Center Health
Program and Director, National Institute for
Occupational Safety and Health, Centers for
Disease Control and Prevention, Department
of Health and Human Services.
[FR Doc. 2020–02991 Filed 2–18–20; 8:45 am]
BILLING CODE 4163–18–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 12–375; DA 20–127; FRS
16478]
Wireline Competition Bureau Seeks To
Refresh the Record on Ancillary
Service Charges Related to Inmate
Calling Services
Federal Communications
Commission.
ACTION: Proposed rule; solicitation of
comments.
AGENCY:
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In this document, the
Wireline Competition Bureau (Bureau)
seeks to refresh the record on ancillary
service charges imposed in connection
with inmate calling services (ICS) in
response to a remand from the United
States Court of Appeals for the District
of Columbia Circuit.
DATES: Comments are due March 20,
2020. Reply Comments are due April 6,
2020.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554
FOR FURTHER INFORMATION CONTACT:
Minsoo Kim, Wireline Competition
Bureau, Pricing Policy Division, via
phone at 202–418–1739 or via email at
Minsoo.Kim@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Public Notice that the
Federal Communications Commission’s
Wireline Competition Bureau released
on February 4, 2020. A full-text version
of the Public Notice is available at the
following internet address: https://
docs.fcc.gov/public/attachments/DA-20127A1.pdf.
In this document, the Wireline
Competition Bureau (Bureau) seeks to
refresh the record on ancillary service
charges imposed in connection with
inmate calling services (ICS). In the
2015 ICS Order, the Commission
adopted rules limiting the ancillary
services for which ICS providers could
assess fees and capping the permissible
charges for these ancillary services.
In Global Tel*Link v. FCC, the United
States Court of Appeals for the District
of Columbia Circuit affirmed the
Commission’s plenary authority to cap
ancillary service charges for interstate
ICS, but held that, based on the record
before the Court, the Commission lacked
authority to regulate ancillary service
charges for intrastate ICS. Because the
Court could not ‘‘discern from the
record whether ancillary fees can be
segregated between interstate and
intrastate calls,’’ the Court remanded the
issue to the Commission for further
consideration. The Bureau seeks to
refresh the record on ancillary service
charges in response to the D.C. Circuit’s
remand.
The 2015 ICS Order did not address
whether any particular ancillary service
charge could be segregated between
interstate and intrastate calls given the
Commission’s imposition of identical
rate caps for interstate and intrastate
calls alike. The Bureau now seeks
specific comment on whether each
permitted ICS ancillary service charge
may be segregated between interstate
and intrastate calls and, if so, how. The
Bureau asks commenters to explain in
SUMMARY:
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Proposed Rules
detail the basis for any claim that an
ancillary service charge may be
segregated, including addressing the
range of different functions that might
be associated with each charge where
relevant. For example, a ‘‘Live Agent
Fee’’ can be assessed when an ICS
consumer uses an optional live operator
to complete different types of ICSrelated transactions. To the extent these
individual transactions jurisdictionally
differ (e.g., if a live operator is used by
an ICS consumer to complete either an
interstate or intrastate ICS call as well
as to assist that same consumer with
paper billing), how should the
Commission factor that transaction into
applying the Live Agent Fee cap?
The Bureau also seeks comment on
how the Commission should proceed in
the event any permitted ancillary
service is ‘‘jurisdictionally mixed’’ and
cannot be segregated between interstate
and intrastate calls. Jurisdictionally
mixed services are ‘‘[s]ervices that are
capable of communications both
between intrastate end points and
between interstate end points.’’
Jurisdictionally mixed services ‘‘are
generally subject to dual federal/state
jurisdiction, except where it is
impossible or impractical to separate the
service’s intrastate from interstate
components and the state regulation of
the intrastate component interferes with
valid federal rules or policies.’’
To the extent any permitted ancillary
service charge or associated function is
jurisdictionally mixed, the Bureau seeks
comment on how best to apply the
prescribed cap to that ancillary service
or function pursuant to section 201(b) of
the Communications Act of 1934, as
amended. Should the Bureau simply
apply the cap to jurisdictionally mixed
services? Is it possible or practical to
allow higher rates on only a portion of
such ancillary services? How would
such a rule apply here? Is it possible to
separate the interstate and intrastate
aspects of each such ancillary service
charge or function? If so, how? If not,
can the Commission proceed to regulate
the entire ancillary service charge to the
extent it is not jurisdictionally
severable? One court has interpreted
GTL v. FCC to hold that the Commission
may not cap interstate ancillary fees
‘‘except to the extent those for interstate
calls ‘can be segregated’ from intrastate
calls.’’ Given the holdings of the
Supreme Court and federal appellate
courts on the issue, is that interpretation
correct?
Finally, the Bureau asks commenters
to (1) suggest specific rule language
responsive to the D.C. Circuit’s remand,
and (2) propose any additional steps the
Commission should take to ensure,
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17:08 Feb 18, 2020
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consistent with the D.C. Circuit’s
opinion, that its actions on remand
‘‘properly reflect[]’’ the reforms adopted
in 2015 and that providers of interstate
ICS do not circumvent or frustrate the
Commission’s ancillary service charge
rules. For example, should the
Commission prohibit an ICS provider
that generates separate paper bills for
interstate and intrastate ICS (merely to
impose two separate paper bill charges
on ICS consumers) from imposing a
$2.00 charge for the interstate paper bill
and an additional charge for the
intrastate bill? Alternatively, should the
Commission lower the cap for any
separate paper bills for interstate ICS to
$0.00 if an ICS provider charges $2.00
or more for paper bills for intrastate
services?
Pursuant to sections 1.415 and 1.419
of the Commission’s rules, interested
parties may file comments and reply
comments on or before the dates set
forth in the Federal Register notice 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).
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://www.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 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
PO 00000
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9445
addressed to 445 12th Street SW,
Washington, DC 20554.
People with Disabilities. 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).
Ex Parte Rules. 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 section 1.1206(b) of the
Commission’s rules. In proceedings
governed by section 1.49(f) of the rules
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.
Additional Information. For further
information, contact Minsoo Kim of the
Wireline Competition Bureau at (202)
418–1739 or Minsoo.Kim@fcc.gov.
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9446
Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Proposed Rules
Federal Communications Commission.
Daniel Kahn,
Associate Bureau Chief, Wireline Competition
Bureau.
[FR Doc. 2020–03110 Filed 2–18–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 20–31; FCC 20–10; FRS
16469]
Implementation of Provisions of the
Television Viewer Protection Act of
2019 Governing Negotiation of
Retransmission Consent Between
Qualified Multichannel Video
Programming Distributor Buying
Groups and Large Station Groups
Federal Communications
Commission.
ACTION: Proposed rule.
In this document, the Federal
Communications Commission
(Commission) proposes revisions to its
rules governing good faith negotiation of
retransmission consent, to implement
provisions of the Television Viewer
Protection Act of 2019 governing
negotiations between qualified
multichannel video programming
distributor buying groups and large
broadcast station groups.
DATES: Comments are due on or before
March 5, 2020; reply comments are due
on or before March 16, 2020.
ADDRESSES: You may submit comments,
identified by MB Docket No. 20–31, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: 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
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17:08 Feb 18, 2020
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This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), FCC 20–
10, adopted and released on January 31,
2020. The full text is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW, Room
CY–A257, Washington, DC 20554. This
document will also be available via
ECFS at https://docs.fcc.gov/public/
attachments/FCC-20-10A1.docx.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete
text may be purchased from the
Commission’s copy contractor, 445 12th
Street SW, Room CY–B402, Washington,
DC 20554. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
fcc504@fcc.gov or calling the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
AGENCY:
SUMMARY:
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
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 FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Raelynn Remy of
the Policy Division, Media Bureau at
Raelynn.Remy@fcc.gov, or (202) 418–
2936.
Synopsis
1. In this Notice of Proposed
Rulemaking (NPRM), we propose
revisions to section 76.65 of our rules,
which governs good faith negotiation of
retransmission consent, to implement
provisions in section 1003 of the
Television Viewer Protection Act of
2019 (TVPA).1 Section 1003 principally
1 The Television Viewer Protection Act of 2019,
Public Law 116–94, 133 Stat. 2534, 3198 (2019)
(amendments to be codified at 47 U.S.C. 325).
Through this NPRM, we satisfy Congress’s directive
in section 325(b)(3)(C) of the Communications Act
of 1934, as amended by section 1003(a)(3) of the
TVPA, to commence a rulemaking proceeding to
revise the Commission’s rules to specify that
‘‘certain small MVPDs can meet the obligation to
negotiate [retransmission consent] in good faith
. . . by negotiating with a large station group
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directs the Commission to adopt rules
that provide for negotiation of
retransmission consent between
‘‘qualified multichannel video
programming distributor [MVPD]
buying group[s]’’ and ‘‘large [broadcast]
station group[s]’’ as those terms are
defined in the TVPA. As discussed
below, we propose to adopt rules
defining: (i) The term ‘‘large station
group’’ as used in section 1003 of the
TVPA to mean, in relevant part, an
entity whose individual television
station members collectively have a
national audience reach of more than 20
percent; and (ii) the term ‘‘qualified
MVPD buying group’’ as used in section
1003 to mean, in relevant part, an entity
that negotiates on behalf of MVPDs that
collectively serve no more than 25
percent of all households receiving
service from any MVPD in a given local
market. In addition, we propose to
codify in section 76.65 the provisions
governing negotiation of retransmission
consent between qualified MVPD
buying groups and large station groups,
as well as the definitions of ‘‘local
market’’ and ‘‘multichannel video
programming distributor’’ set forth in
section 1003(b)(3). Finally, we propose
to make minor conforming changes to
section 76.65. We seek comment on
these proposals.2
I. Background
2. The TVPA, enacted on December
20, 2019, is the latest in a series of
statutes that have amended the
Communications Act to establish
parameters for the carriage of television
broadcast stations by MVPDs. As
relevant to this NPRM, section 1003 of
the TVPA revised section 325(b) of the
Act principally by allowing smaller
MVPDs to negotiate collectively as a
buying group for retransmission consent
with large broadcast station groups. In
particular, section 1003(a)(3) of the
TVPA amends section 325(b)(3)(C) of
the Act by adding new subsection
325(b)(3)(C)(vi), which, read as part of
section 325(b)(3)(C) as a whole, requires
the Commission to commence a
rulemaking proceeding to revise its
through a qualified MVPD buying group.’’ Section
325(b)(3)(C), as amended, requires that the
Commission specify such rules ‘‘not later than 90
days after the date of enactment of the TVPA,’’ or
March 19, 2020.
2 This NPRM proposes rule revisions that
implement only section 1003 of the TVPA; TVPA
provisions not covered herein will be implemented
in separate proceedings. In view of the 90-day
deadline established in section 325(b)(3)(C) of the
Act, as amended by section 1003(a)(3) of the TVPA,
we find that establishing the abbreviated pleading
cycle set forth above is necessary to meet our
statutory responsibility and serves the public
interest.
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Agencies
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Proposed Rules]
[Pages 9444-9446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03110]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket No. 12-375; DA 20-127; FRS 16478]
Wireline Competition Bureau Seeks To Refresh the Record on
Ancillary Service Charges Related to Inmate Calling Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks to refresh the record on ancillary service charges imposed in
connection with inmate calling services (ICS) in response to a remand
from the United States Court of Appeals for the District of Columbia
Circuit.
DATES: Comments are due March 20, 2020. Reply Comments are due April 6,
2020.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554
FOR FURTHER INFORMATION CONTACT: Minsoo Kim, Wireline Competition
Bureau, Pricing Policy Division, via phone at 202-418-1739 or via email
at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice that
the Federal Communications Commission's Wireline Competition Bureau
released on February 4, 2020. A full-text version of the Public Notice
is available at the following internet address: https://docs.fcc.gov/public/attachments/DA-20-127A1.pdf.
In this document, the Wireline Competition Bureau (Bureau) seeks to
refresh the record on ancillary service charges imposed in connection
with inmate calling services (ICS). In the 2015 ICS Order, the
Commission adopted rules limiting the ancillary services for which ICS
providers could assess fees and capping the permissible charges for
these ancillary services.
In Global Tel*Link v. FCC, the United States Court of Appeals for
the District of Columbia Circuit affirmed the Commission's plenary
authority to cap ancillary service charges for interstate ICS, but held
that, based on the record before the Court, the Commission lacked
authority to regulate ancillary service charges for intrastate ICS.
Because the Court could not ``discern from the record whether ancillary
fees can be segregated between interstate and intrastate calls,'' the
Court remanded the issue to the Commission for further consideration.
The Bureau seeks to refresh the record on ancillary service charges in
response to the D.C. Circuit's remand.
The 2015 ICS Order did not address whether any particular ancillary
service charge could be segregated between interstate and intrastate
calls given the Commission's imposition of identical rate caps for
interstate and intrastate calls alike. The Bureau now seeks specific
comment on whether each permitted ICS ancillary service charge may be
segregated between interstate and intrastate calls and, if so, how. The
Bureau asks commenters to explain in
[[Page 9445]]
detail the basis for any claim that an ancillary service charge may be
segregated, including addressing the range of different functions that
might be associated with each charge where relevant. For example, a
``Live Agent Fee'' can be assessed when an ICS consumer uses an
optional live operator to complete different types of ICS-related
transactions. To the extent these individual transactions
jurisdictionally differ (e.g., if a live operator is used by an ICS
consumer to complete either an interstate or intrastate ICS call as
well as to assist that same consumer with paper billing), how should
the Commission factor that transaction into applying the Live Agent Fee
cap?
The Bureau also seeks comment on how the Commission should proceed
in the event any permitted ancillary service is ``jurisdictionally
mixed'' and cannot be segregated between interstate and intrastate
calls. Jurisdictionally mixed services are ``[s]ervices that are
capable of communications both between intrastate end points and
between interstate end points.'' Jurisdictionally mixed services ``are
generally subject to dual federal/state jurisdiction, except where it
is impossible or impractical to separate the service's intrastate from
interstate components and the state regulation of the intrastate
component interferes with valid federal rules or policies.''
To the extent any permitted ancillary service charge or associated
function is jurisdictionally mixed, the Bureau seeks comment on how
best to apply the prescribed cap to that ancillary service or function
pursuant to section 201(b) of the Communications Act of 1934, as
amended. Should the Bureau simply apply the cap to jurisdictionally
mixed services? Is it possible or practical to allow higher rates on
only a portion of such ancillary services? How would such a rule apply
here? Is it possible to separate the interstate and intrastate aspects
of each such ancillary service charge or function? If so, how? If not,
can the Commission proceed to regulate the entire ancillary service
charge to the extent it is not jurisdictionally severable? One court
has interpreted GTL v. FCC to hold that the Commission may not cap
interstate ancillary fees ``except to the extent those for interstate
calls `can be segregated' from intrastate calls.'' Given the holdings
of the Supreme Court and federal appellate courts on the issue, is that
interpretation correct?
Finally, the Bureau asks commenters to (1) suggest specific rule
language responsive to the D.C. Circuit's remand, and (2) propose any
additional steps the Commission should take to ensure, consistent with
the D.C. Circuit's opinion, that its actions on remand ``properly
reflect[]'' the reforms adopted in 2015 and that providers of
interstate ICS do not circumvent or frustrate the Commission's
ancillary service charge rules. For example, should the Commission
prohibit an ICS provider that generates separate paper bills for
interstate and intrastate ICS (merely to impose two separate paper bill
charges on ICS consumers) from imposing a $2.00 charge for the
interstate paper bill and an additional charge for the intrastate bill?
Alternatively, should the Commission lower the cap for any separate
paper bills for interstate ICS to $0.00 if an ICS provider charges
$2.00 or more for paper bills for intrastate services?
Pursuant to sections 1.415 and 1.419 of the Commission's rules,
interested parties may file comments and reply comments on or before
the dates set forth in the Federal Register notice 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).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://www.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 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
People with Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Ex Parte Rules. 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
section 1.1206(b) of the Commission's rules. In proceedings governed by
section 1.49(f) of the rules 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.
Additional Information. For further information, contact Minsoo Kim
of the Wireline Competition Bureau at (202) 418-1739 or
[email protected].
[[Page 9446]]
Federal Communications Commission.
Daniel Kahn,
Associate Bureau Chief, Wireline Competition Bureau.
[FR Doc. 2020-03110 Filed 2-18-20; 8:45 am]
BILLING CODE 6712-01-P