80 FR 25989 - Modernizing Common Carrier Rules
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 87 (May 6, 2015)
Federal Register Volume 80, Issue 87 (May 6, 2015)
| Page Range | 25989-25994 | |
| FR Document | 2015-10470 |
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)] [Proposed Rules] [Pages 25989-25994] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10470] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 36, 42, 54, 63, and 64 [WC Docket No. 15-33; FCC 15-13] Modernizing Common Carrier Rules AGENCY: Federal Communications Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) initiates a rulemaking that seeks to update the Commission's rules to better reflect current requirements and technology by removing outmoded regulations from the CFR. The Commission proposes to update the CFR by eliminating certain rules from which the Commission has forborn and eliminating references to telegraph service in certain rules. The Commission would clarify regulatory requirements, and modernize our rules to better reflect the state of the current telecommunications market. DATES: Submit comments on or before June 5, 2015. Submit reply comments on or before June 22, 2015. ADDRESSES: You may submit comments, identified by WC Docket No. 15-33 by any of the following methods:Federal Communications Commission's Web site: http://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: [email protected] or phone: 202-418- 0530 or TTY: 202-418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Alexis Johns, Wireline Competition Bureau, Competition Policy Division, (202) 418-1580, or send an email to [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking in WC Docket No. 15-33, adopted February 2, 2015 and released February 6, 2015. The full text of this document is available for public inspection during regular business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The document may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via the Internet at http://www.bcpiweb.com. It is available on the Commission's Web site at http://www.fcc.gov. I. Introduction 1. This Notice of Proposed Rulemaking (NPRM) seeks to update our rules to better reflect current requirements and technology by removing outmoded regulations from the Code of Federal Regulations (CFR). The NPRM proposes to update the CFR by (1) eliminating certain rules from which the Commission has forborn, and (2) eliminating references to telegraph service in certain rules. 2. The NPRM follows two orders adopted in 2013 that granted forbearance from 126 legacy wireline regulations, and the Process Reform Report, a Commission staff report that suggested eliminating or streamlining wireline rules that are unnecessary as a result of marketplace or technology changes. In this NPRM, we propose to address Recommendations 5.37 and 5.38 of the Process Reform Report. 3. We propose to eliminate several rules from which the Commission has granted unconditional forbearance for all carriers. These are: (1) Section 64.804(c)-(g), which governs a carrier's recordkeeping and other obligations when it extends to federal candidates unsecured credit for communications service; (2) sections 42.4, 42.5, and 42.7, which require carriers to preserve [[Page 25990]] certain records; (3) section 64.301, which requires carriers to provide communications service to foreign governments for international communications; (4) section 64.501, governing telephone companies' obligations when recording telephone conversations; (5) section 64.5001(a)-(c)(2), and (c)(4), which imposes certain reporting and certification requirements for prepaid calling card providers; and (6) section 64.1, governing traffic damage claims for carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable service. 4. We also propose to remove references to ``telegraph'' from certain sections of the Commission's rules. This proposal is consistent with Recommendation 5.38 of the Process Reform Report. Specifically, we propose to remove ``telegraph'' from: (1) Section 36.126 (separations); (2) section 54.706(a)(13) (universal service contributions); and (3) sections 63.60(c), 63.61, 63.62, 63.65(a)(4), 63.500(g), 63.501(g), and 63.504(k) (discontinuance). 5. We seek comment on these proposed modifications. And for each of the rules addressed in this NPRM, we seek comment on whether there are other steps the Commission should or must take, along with elimination of the rule or the term ``telegraph'' from the CFR, in order to ensure that any telegraph service provider is not subject to unnecessary regulatory obligations. With this NPRM, we would clarify regulatory requirements, and modernize our rules to better reflect the state of the current telecommunications market. II. Discussion A. Deleting Rules From Which the Commission Granted Forbearance in the USTelecom Orders 6. In 2012, USTelecom requested forbearance from an array of legacy regulations. In 2013, the Commission granted forbearance from many, but not all, of those rules. The rationale for those decisions is set forth in the USTelecom Orders, and we are not seeking to reopen the decisions therein. In many instances, the Commission granted unconditional forbearance from a requirement, but the forbearance orders did not alter the text of the codified rule or remove the rule from the CFR. Thus, the rules appear in the CFR even though the Commission has stated that it will forbear from applying such rules. Absent additional research, a carrier or a consumer might believe the regulations to be in force. We thus believe that deleting from the CFR the rules identified below, for which the Commission granted unconditional forbearance, will clarify carriers' regulatory obligations and make the CFR more accurately reflect the Commission's intended approach as to those rules. We therefore propose to eliminate from the CFR the rules listed below from which the Commission forbore in the USTelecom Orders. 7. Sections 42.4, 42.5, and 42.7. Section 42.4 requires each carrier to maintain at its operating company headquarters a physical copy of its master index of records. Section 42.5 governs the preparation and preservation of the original records. Section 42.7 governs how long a carrier must retain the master index of records and when records must be added. 8. Section 64.1. This section covers traffic damage claims for carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable service. 9. Section 64.301. This section requires that common carriers furnish communications services to a foreign government ``upon reasonable demand'' and deny communications services to a foreign government, upon order of the Commission, when such government ``fails or refuses'' to provide communications services to the U.S. government. 10. Section 64.501. Section 64.501 is the present-day iteration of rules first promulgated in 1947 governing telephone companies' obligations when recording telephone conversations and precludes a telephone company from recording any telephone conversation with members of the public unless the recording is preceded by ``verbal or written consent of all parties to the telephone conversation,'' ``preceded by verbal notification,'' or ``accompanied by an automatic tone warning device.'' In the USTelecom Forbearance Long Order, the Commission concluded that unconditional forbearance for all carriers was warranted stating that ``since we initiated the rule more than 60 years ago, the Federal Wiretap Act, as well as State laws, have addressed the same issue in a more comprehensive fashion.'' 11. Sections 64.804(c)-(g). These provisions require carriers to (1) obtain a signed application from the candidate for Federal office or a person on behalf of such candidate before extending credit; (2) serve written notice to the candidate for non-payment; (3) take appropriate action at law to collect any unpaid balance; (4) maintain certain associated records; and (5) carriers with revenues in excess of $1 million must file an annual report with the Commission. 12. Sections 64.5001(a)-(c)(2), and (c)(4). Section 64.5001 establishes reporting and certification requirements for prepaid calling card providers. Sections 64.5001(a) and (b) require prepaid calling card providers to report to their transport providers specific information, including percentage of interstate usage (PIU) factors and call volumes for which these factors were calculated. Section 64.5001(c) requires the prepaid calling card provider to submit a quarterly certification statement signed by an officer of the company to the Commission with the following information: (1) The percentage of intrastate, interstate, and international calling card minutes for the reporting period; (2) the percentage of total prepaid calling card revenue attributable to interstate and international calls for the reporting period; (3) it is making the required Universal Service Fund contribution based on the reported information; and (4) has complied with the reporting requirements in 64.5001(a). We do not propose to delete section 64.5001(c)(3) because the Commission did not grant unconditional forbearance. Rather, it granted forbearance ``only to those prepaid calling card providers that have a two-year track record of timely filing required annual and quarterly Telecommunications Reporting Worksheets (FCC Forms 499-A and 499-Q) [and] [o]nce a prepaid calling card provider has established that track record, it need not comply further with section 64.5001(c)(3).'' B. Deleting Other Rules Relating to Telegraph Service 13. In the Process Reform Report, Commission staff suggested deleting references to telegraph service from several wireline rules. The Process Reform Report recommended that the Wireline Competition Bureau delete section 64.1 and delete the word ``telegraph'' from the Commission's separations, universal service contributions, and discontinuance rules. We agree that the references to telegraph appear out of date, and propose to delete the word ``telegraph'' from the rules, as proposed in the Appendix, below. We seek comment on this proposal. 14. In light of the evolution of technology away from the use of telegraphs, we believe that the references to telegraph service in the following rules are no longer necessary, and should be deleted. Continuing to include telegraph service in these rules appears unnecessary, and potentially confusing. We seek comment on whether there are any providers offering [[Page 25991]] telegraph service today at all, and if so, whether such service offerings warrant retaining the term ``telegraph'' in the rules identified below. Would there be any practical impact if the Commission were to delete ``telegraph'' from these rules? 15. Section 36.126 of the Separations Rules. Jurisdictional separations is the process by which incumbent local exchange carriers (LECs) apportion regulated costs between intrastate and interstate jurisdictions. Incumbent LECs assign regulated costs to various categories of plant and expenses, and the costs in each category are apportioned between the intrastate and interstate jurisdictions. As part of this process, section 36.126 identifies equipment that is considered ``Circuit equipment--Category 4.'' Section 36.126 lists ``telegraph,'' ``telegraph system terminals,'' ``telegraph carrier terminals,'' ``telegraph private line services,'' and ``telegraph repeaters'' as examples of such equipment. We propose to delete these terms throughout section 36.126. Would deletion have any practical impact? As noted in the Process Reform Report, we anticipate sharing this NPRM with the Federal-State Joint Board on Separations. We note that there is a pending referral to the Federal-State Joint Board on separations that welcomed input on ``whether, how, and when the Commission's jurisdictional separations rules should be modified.'' Thus, we need not specifically refer this discrete matter. 16. Section 54.706(a)(13) of the Universal Service Rules. Section 54.706(a) requires providers of interstate telecommunications services to contribute to the universal service fund if they provide more than a de minimis amount of such service, and paragraph (a)(13) lists telegraph as an illustrative example of interstate telecommunications. We propose to delete the term ``telegraph'' from section 54.706(a)(13), and seek comment on this proposal. No entities filing FCC Form 499 indicate that they are providing telegraph service, and we are not aware of any interstate telegraph providers today. De minimis providers are required to register and file FCC Form 499 even if they do not contribute. If telegraph providers with more than a de minimis amount of service existed, they still would be required to contribute to the universal service fund, but this proposed rule change would update the rule to be in line with today's marketplace. 17. Portions of Part 63 of the Discontinuance, Reduction, Outage and Impairment Rules. Section 214(a) of the Communications Act of 1934, as amended states in part that ``[n]o carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall first have been obtained from the Commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby.'' Today, carriers providing telegraph service must comply with the Commission's Part 63 rules, which were adopted pursuant to section 214(a). We propose to delete references to ``telegraph'' as proposed in the Appendix below. To the extent that any entities are still providing telegraph service, we intend to exempt telegraph service from all exit regulation by exercising our forbearance authority and we seek comment on whether we should do so. We seek comment on this proposal. III. Procedural Matters A. Ex Parte Rules 18. This proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. B. Comment Filing Procedures 19. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). [ssquf] Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. [ssquf] Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. [ssquf] All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. [ssquf] Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. [ssquf] U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. C. Accessible Formats 20. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). [[Page 25992]] D. Initial Regulatory Flexibility Certification 21. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that agencies prepare a regulatory flexibility analysis for notice-and-comment rulemaking proceedings, unless the agency certifies that ``the rule will not have a significant economic impact on a substantial number of small entities.'' The RFA generally defines ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 22. In the NPRM, the Commission seeks to update the CFR by (1) eliminating certain rules from which the Commission has forborn, and (2) eliminating references to telegraph service in certain rules. Specifically, the Commission proposes to eliminate several rules from which the Commission has granted unconditional forbearance for all carriers. These are: (1) Sections 64.804(c)-(g), which govern a carrier's recordkeeping and other obligations when it extends to federal candidates unsecured credit for communications service; (2) sections 42.4, 42.5, and 42.7, which require carriers to preserve certain records; (3) section 64.301, which requires carriers to provide communications service to foreign governments for international communications; (4) section 64.501 governing telephone companies' obligations when recording telephone conversations; (5) sections 64.5001(a)-(c)(2), and (c)(4), which impose certain reporting and certification requirements for prepaid calling card providers; and (6) section 64.1 governing traffic damage claims for carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable service. The NPRM also seeks to remove references to ``telegraph'' from certain sections of the Commission's rules, consistent with Recommendation 5.38 of the Process Reform Report. Specifically, we propose to remove ``telegraph'' from (1) section 36.126 (separations); (2) section 54.706(a)(13) (universal service contributions); and (3) sections 63.60(c), 63.61, 63.62, 63.65(a)(4), 63.500(g), 63.501(g), and 63.504(k) (discontinuance). 23. The rule changes proposed in the NPRM, if adopted by the Commission, would remove requirements governing reporting, recordkeeping, and other compliance obligations. All providers, including those deemed to be small entities under the SBA's standard will have reduced costs and burdens and would benefit by being relieved from compliance with these rules. Carriers are no longer required to comply with rules from which the Commission granted unconditional forbearance. Therefore, removing these rules is not likely to have any economic impact on carriers. While the NPRM also seeks to remove ``telegraph'' from several rule provisions not currently subject to forbearance, the number of telegraph service providers today is likely very small. As such, we do not believe the proposals in the NPRM would impact a substantial number of small entities. 24. The Commission therefore certifies, pursuant to the RFA, that the proposals in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in this NPRM require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments. The Commission will send a copy of this NPRM, including a copy of this initial regulatory flexibility certification, to the Chief Counsel for Advocacy of the SBA. In addition, a copy of this Notice of Proposed Rulemaking and this initial certification will be published in the Federal Register. E. Initial Paperwork Reduction Act of 1995 Analysis 25. This document contains proposed modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees. F. Contact Person 26. For further information about this proceeding, please contact Alex Johns, FCC Wireline Competition Bureau, Competition Policy Division, Room 5-C317, 445 12th Street SW., Washington, DC 20554, (202) 418-1580, [email protected]. IV. Ordering Clauses 27. Accordingly, it is ordered, pursuant to sections 1, 2(a), 4(i), 4(j), 5, 10-11, 201-205, 214, 218-221, 225-228, 254, 303, 308, 403, 410, and 651 of the Communications Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, as amended, 47 U.S.C. Sec. Sec. 151, 152(a), 154(i), 154(j), 155, 160-161, 201-205, 214, 218-221, 225-228, 254, 303, 308, 403, 410, 571, 1302, and section 401 of the Federal Election Campaign Act of 1971, as amended, 52 U.S.C. 30141, that this Notice of Proposed Rulemaking is adopted. 28. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects 47 CFR Part 36 Communications common carriers, Reporting and recordkeeping requirements, Telephone, Uniform System of Accounts. 47 CFR Part 42 Communications common carriers, Radio, Reporting and recordkeeping requirements, Telegraph, Telephone. 47 CFR Part 54 Communications common carriers, Health facilities, Infants and children, Libraries, Reporting and recordkeeping requirements, Schools, Telecommunications, Telephone. 47 CFR Part 63 Cable television, Communications common carriers, Radio, Reporting and recordkeeping requirements, Telegraph, Telephone. 47 CFR Part 64 Civil defense, Claims, Communications common carriers, Computer technology, Credit, Foreign relations, Individuals with disabilities, Political candidates, Radio, Reporting and recordkeeping requirements, Telecommunications, Telegraph, Telephone. [[Page 25993]] Federal Communications Commission. Marlene H. Dortch, Secretary. Proposed Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 36, 42, 54, 63, and 64 to read as follows: PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES 0 1. The authority citation for part 36 continues to read as follows: Authority: 47 U.S.C. 151, 154(i) and (j), 205, 221(c), 254, 303(r), 403, 410, and 1302 unless otherwise noted. 0 2. Amend Sec. 36.126 by revising paragraphs (a)(1), (2), and (8), adding paragraph (b)(4), and revising paragraphs (d)(1), (e)(1), and (e)(3)(iii) to read as follows: Sec. 36.126 Circuit equipment--Category 4. (a) * * * (1) Carrier telephone system terminals. (2) Telephone repeaters, termination sets, impedance compensators, pulse link repeaters, echo suppressors and other intermediate transmission amplification and balancing equipment except that included in switchboards. * * * * * (8) Testboards, test desks, repair desks and patch bays, including those provided for test and control, and for transmission testing. (b) * * * (4) In addition, for the purpose of identifying and separating property associated with special services, circuit equipment included in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is identified as either basic circuit equipment, i.e., equipment that performs functions necessary to provide and operate channels suitable for voice transmission (telephone grade channels), or special circuit equipment, i.e., equipment that is peculiar to special service circuits. Carrier telephone terminals and carrier telephone repeaters are examples of basic circuit equipment in general use, while audio program transmission amplifiers, bridges, monitoring devices and volume indicators are examples of special circuit equipment in general use. * * * * * (d) * * * (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use--Category 4.21--This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation (e) * * * (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use--Category 4.21--This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. * * * * * (3) * * * (iii) The cost of special circuit equipment is segregated among private line services based on an analysis of the use of the equipment and in accordance with Sec. 36.126(b)(4). The special circuit equipment cost assigned to private line services is directly assigned to the appropriate operations. * * * * * PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS 0 3. The authority citation for part 42 continues to read as follows: Authority: Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C. 154(i). Interprets or applies secs. 219 and 220, 48 Stat. 1077-78, 47 U.S.C. 219, 220. Sec. 42.4 [Removed] 0 4. Remove Sec. 42.4. Sec. 42.5 [Removed] 0 5. Remove Sec. 42.5. Sec. 42.7 [Removed] 0 6. Remove Sec. 42.7. PART 54--UNIVERSAL SERVICE 0 7. The authority citation for part 54 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted. Sec. 54.706 [Amended] 0 8. In Sec. 54.706, remove and reserve paragraph (a)(13). PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS 0 9. The authority citation for part 63 continues to read as follows: Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218, 403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless otherwise noted. 0 10. Amend Sec. 63.60 by revising paragraph (c) to read as follows: Sec. 63.60 Definitions. * * * * * (c) Emergency discontinuance, reduction, or impairment of service means any discontinuance, reduction, or impairment of the service of a carrier occasioned by conditions beyond the control of such carrier where the original service is not restored or comparable service is not established within a reasonable time. For the purpose of this part, a reasonable time shall be deemed to be a period not in excess of the following: 10 days in the case of public coast stations; and 60 days in all other cases; * * * * * 0 11. Amend Sec. 63.61 by revising the introductory text to read as follows: Sec. 63.61 Applicability. Any carrier subject to the provisions of section 214 of the Communications Act of 1934, as amended, proposing to discontinue, reduce or impair interstate or foreign telephone service to a community, or a part of a community, shall request authority therefor by formal application or informal request as specified in the pertinent sections of this part: * * * * * 0 12. Amend Sec. 63.62 by revising the section heading to read as follows: Sec. 63.62 Type of discontinuance, reduction, or impairment of telephone service requiring formal application. * * * * * Sec. 63.65 [Amended] 0 13. In Sec. 63.65, remove and reserve paragraph (a)(4). 0 14. Amend Sec. 63.500 by revising paragraph (g) to read as follows: [[Page 25994]] Sec. 63.500 Contents of applications to dismantle or remove a trunk line. * * * * * (g) Name of any other carrier or carriers providing telephone service to the community; * * * * * 0 15. Amend Sec. 63.501 by revising paragraph (g) to read as follows: Sec. 63.501 Contents of applications to sever physical connection or to terminate or suspend interchange of traffic with another carrier. * * * * * (g) Name of any other carrier or carriers providing telephone service to the community; * * * * * 0 16. Amend Sec. 63.504 by revising paragraph (k) to read as follows: Sec. 63.504 Contents of applications to close a public toll station where no other such toll station of the applicant in the community will continue service and where telephone toll service is not otherwise available to the public through a telephone exchange connected with the toll lines of a carrier. * * * * * (k) Description of the service involved, including a statement of the number of toll telephone messages sent-paid and received-collect, and the revenues from such traffic, in connection with the service proposed to be discontinued for each of the past 6 months; and, if the volume of such traffic handled in the area has decreased during recent years, the reasons therefor. PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 0 17. The authority citation for part 64 continues to read as follows: Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, unless otherwise noted. Subpart A--[Removed and Reserved] 0 18. Remove and reserve subpart A, consisting of Sec. 64.1. Subpart C--[Removed and Reserved] 0 19. Remove and reserve subpart C, consisting of Sec. 64.301. Subpart E--[Removed and Reserved] 0 20. Remove and reserve subpart E, consisting of Sec. 64.501. Sec. 64.804 [Amended] 0 21. In Sec. 64.804, remove and reserve paragraphs (c) through (g). 0 22. Revise Sec. 64.5001 to read as follows: Sec. 64.5001 Reporting and certification requirements. On a quarterly basis, every prepaid calling card provider must submit to the Commission a certification, signed by an officer of the company under penalty of perjury, stating that it is making the required Universal Service Fund contribution based on the reported information. This provision shall not apply to any prepaid calling card provider that has timely filed every FCC Form 499-A and 499-Q due during the preceding two-year period. [FR Doc. 2015-10470 Filed 5-5-15; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules 25989
standards; and (4) and exemption from Safety Answering Point, or, where no documents, sign language interpreters,
coverage of the rule, or any part thereof, Public Safety Answering Point has been CART, etc.) by email: FCC504@fcc.gov
for small entities. designated, to a designated statewide or phone: 202–418–0530 or TTY: 202–
81. The Notice of Proposed default answering point or appropriate 418–0432.
Rulemaking proposes sunsetting the NSI local emergency authority pursuant to For detailed instructions for
rule after a six-month transition period, § 64.3001 of this chapter, provided that submitting comments and additional
as well as seeking comment on a variety ‘‘all wireless 911 calls’’ is defined as information on the rulemaking process,
of possible alternatives to addressing the ‘‘any call initiated by a wireless user see the SUPPLEMENTARY INFORMATION
issue of fraudulent calls from NSI dialing 911 on a phone using a section of this document.
handsets. Because sunsetting the NSI compliant radio frequency protocol of FOR FURTHER INFORMATION CONTACT:
rule will remove certain call-forwarding the serving carrier.’’ After [insert date Alexis Johns, Wireline Competition
obligations on small entities, it is likely six months from the effective date of the Bureau, Competition Policy Division,
the method that would impose the least Order], the requirements of this section (202) 418–1580, or send an email to
costs on these small entities. will no longer apply to calls from non- alexis.johns@fcc.gov.
F. Federal Rules That May Duplicate, service-initialized handsets as defined SUPPLEMENTARY INFORMATION: This is a
Overlap, or Conflict With the Proposed in paragraph (o)(3)(i) of this section. summary of the Commission’s Notice of
Rules * * * * * Proposed Rulemaking in WC Docket No.
(o) * * * 15–33, adopted February 2, 2015 and
82. None.
(4) Sunset. The requirements of this released February 6, 2015. The full text
VI. Ordering Clause paragraph shall cease to be effective of this document is available for public
83. The Federal Communications [insert date six months from the inspection during regular business
Commission ADOPTS, pursuant to effective date of the Order]. hours in the FCC Reference Information
Sections 1, 4(i), 4(j), 303(r) and 332 of * * * * * Center, Portals II, 445 12th Street SW.,
the Communications Act of 1934, 47 [FR Doc. 2015–10472 Filed 5–5–15; 8:45 am] Room CY–A257, Washington, DC 20554.
U.S.C. 151, 154(i), 154(j), 303(r), 332, BILLING CODE 6712–01–P The document may also be purchased
this Notice of Proposed Rulemaking. from the Commission’s duplicating
84. It is further ORDERED that the contractor, Best Copy and Printing, Inc.,
Commission’s Consumer and FEDERAL COMMUNICATIONS 445 12th Street SW., Room CY–B402,
Governmental Affairs Bureau, Reference COMMISSION Washington, DC 20554, telephone (800)
Information Center, SHALL SEND a 378–3160 or (202) 863–2893, facsimile
copy of this Notice of Proposed 47 CFR Parts 36, 42, 54, 63, and 64 (202) 863–2898, or via the Internet at
Rulemaking, including the Initial [WC Docket No. 15–33; FCC 15–13] http://www.bcpiweb.com. It is available
Regulatory Flexibility Analysis, to the on the Commission’s Web site at
Chief Counsel for Advocacy of the Small Modernizing Common Carrier Rules http://www.fcc.gov.
Business Administration. AGENCY: Federal Communications I. Introduction
List of Subjects in 47 CFR Part 20 Commission. 1. This Notice of Proposed
Communications common carriers, ACTION: Notice of proposed rulemaking. Rulemaking (NPRM) seeks to update our
Communications equipment. rules to better reflect current
SUMMARY: In this document, the Federal requirements and technology by
Federal Communications Commission. Communications Commission removing outmoded regulations from
Marlene H. Dortch, (Commission) initiates a rulemaking the Code of Federal Regulations (CFR).
Secretary. that seeks to update the Commission’s The NPRM proposes to update the CFR
rules to better reflect current by (1) eliminating certain rules from
Proposed Rules
requirements and technology by which the Commission has forborn, and
For the reasons discussed in the removing outmoded regulations from
preamble, the Federal Communications (2) eliminating references to telegraph
the CFR. The Commission proposes to service in certain rules.
Commission proposes to amend 47 part update the CFR by eliminating certain
20 as follows: 2. The NPRM follows two orders
rules from which the Commission has adopted in 2013 that granted
forborn and eliminating references to forbearance from 126 legacy wireline
PART 20—COMMERCIAL MOBILE telegraph service in certain rules. The
RADIO SERVICES regulations, and the Process Reform
Commission would clarify regulatory Report, a Commission staff report that
■ 1. The authority citation for part 20 requirements, and modernize our rules suggested eliminating or streamlining
continues to read: to better reflect the state of the current wireline rules that are unnecessary as a
telecommunications market. result of marketplace or technology
Authority: 47 U.S.C. 151, 152(a), 154(i),
157, 160, 201, 214, 222, 251(e), 301, 302, 303, DATES: Submit comments on or before changes. In this NPRM, we propose to
303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, June 5, 2015. Submit reply comments on address Recommendations 5.37 and
316(a), 332, 615, 615a, 615b, 615c. or before June 22, 2015. 5.38 of the Process Reform Report.
■ 2. Section 20.18 is amended by ADDRESSES: You may submit comments, 3. We propose to eliminate several
revising paragraph (b) and adding identified by WC Docket No. 15–33 by rules from which the Commission has
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paragraph (o)(4), to read as follows: any of the following methods: granted unconditional forbearance for
• Federal Communications all carriers. These are: (1) Section
§ 20.18 911 Service. Commission’s Web site: http:// 64.804(c)–(g), which governs a carrier’s
* * * * * fjallfoss.fcc.gov/ecfs2/. Follow the recordkeeping and other obligations
(b) Basic 911 Service. CMRS providers instructions for submitting comments. when it extends to federal candidates
subject to this section must transmit all • People with Disabilities: Contact unsecured credit for communications
wireless 911 calls without respect to the FCC to request reasonable service; (2) sections 42.4, 42.5, and 42.7,
their call validation process to a Public accommodations (accessible format which require carriers to preserve
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certain records; (3) section 64.301, Commission granted unconditional 12. Sections 64.5001(a)–(c)(2), and
which requires carriers to provide forbearance, will clarify carriers’ (c)(4). Section 64.5001 establishes
communications service to foreign regulatory obligations and make the CFR reporting and certification requirements
governments for international more accurately reflect the for prepaid calling card providers.
communications; (4) section 64.501, Commission’s intended approach as to Sections 64.5001(a) and (b) require
governing telephone companies’ those rules. We therefore propose to prepaid calling card providers to report
obligations when recording telephone eliminate from the CFR the rules listed to their transport providers specific
conversations; (5) section 64.5001(a)– below from which the Commission information, including percentage of
(c)(2), and (c)(4), which imposes certain forbore in the USTelecom Orders. interstate usage (PIU) factors and call
reporting and certification requirements 7. Sections 42.4, 42.5, and 42.7. volumes for which these factors were
for prepaid calling card providers; and Section 42.4 requires each carrier to calculated. Section 64.5001(c) requires
(6) section 64.1, governing traffic maintain at its operating company the prepaid calling card provider to
damage claims for carriers engaged in headquarters a physical copy of its submit a quarterly certification
radio-telegraph, wire-telegraph, or master index of records. Section 42.5 statement signed by an officer of the
ocean-cable service. governs the preparation and company to the Commission with the
4. We also propose to remove preservation of the original records. following information: (1) The
references to ‘‘telegraph’’ from certain Section 42.7 governs how long a carrier percentage of intrastate, interstate, and
sections of the Commission’s rules. This must retain the master index of records international calling card minutes for
proposal is consistent with and when records must be added. the reporting period; (2) the percentage
Recommendation 5.38 of the Process 8. Section 64.1. This section covers of total prepaid calling card revenue
Reform Report. Specifically, we propose traffic damage claims for carriers attributable to interstate and
to remove ‘‘telegraph’’ from: (1) Section engaged in radio-telegraph, wire- international calls for the reporting
36.126 (separations); (2) section telegraph, or ocean-cable service. period; (3) it is making the required
54.706(a)(13) (universal service 9. Section 64.301. This section Universal Service Fund contribution
contributions); and (3) sections 63.60(c), requires that common carriers furnish based on the reported information; and
63.61, 63.62, 63.65(a)(4), 63.500(g), communications services to a foreign (4) has complied with the reporting
63.501(g), and 63.504(k) government ‘‘upon reasonable demand’’ requirements in 64.5001(a). We do not
(discontinuance). and deny communications services to a propose to delete section 64.5001(c)(3)
5. We seek comment on these foreign government, upon order of the because the Commission did not grant
proposed modifications. And for each of Commission, when such government unconditional forbearance. Rather, it
the rules addressed in this NPRM, we ‘‘fails or refuses’’ to provide granted forbearance ‘‘only to those
seek comment on whether there are communications services to the U.S. prepaid calling card providers that have
other steps the Commission should or government. a two-year track record of timely filing
must take, along with elimination of the required annual and quarterly
10. Section 64.501. Section 64.501 is
rule or the term ‘‘telegraph’’ from the Telecommunications Reporting
the present-day iteration of rules first
CFR, in order to ensure that any Worksheets (FCC Forms 499–A and
promulgated in 1947 governing
telegraph service provider is not subject 499–Q) [and] [o]nce a prepaid calling
telephone companies’ obligations when
to unnecessary regulatory obligations. card provider has established that track
recording telephone conversations and
With this NPRM, we would clarify record, it need not comply further with
precludes a telephone company from section 64.5001(c)(3).’’
regulatory requirements, and modernize recording any telephone conversation
our rules to better reflect the state of the with members of the public unless the B. Deleting Other Rules Relating to
current telecommunications market. recording is preceded by ‘‘verbal or Telegraph Service
II. Discussion written consent of all parties to the 13. In the Process Reform Report,
telephone conversation,’’ ‘‘preceded by Commission staff suggested deleting
A. Deleting Rules From Which the verbal notification,’’ or ‘‘accompanied references to telegraph service from
Commission Granted Forbearance in the by an automatic tone warning device.’’ several wireline rules. The Process
USTelecom Orders In the USTelecom Forbearance Long Reform Report recommended that the
6. In 2012, USTelecom requested Order, the Commission concluded that Wireline Competition Bureau delete
forbearance from an array of legacy unconditional forbearance for all section 64.1 and delete the word
regulations. In 2013, the Commission carriers was warranted stating that ‘‘telegraph’’ from the Commission’s
granted forbearance from many, but not ‘‘since we initiated the rule more than separations, universal service
all, of those rules. The rationale for 60 years ago, the Federal Wiretap Act, contributions, and discontinuance rules.
those decisions is set forth in the as well as State laws, have addressed We agree that the references to telegraph
USTelecom Orders, and we are not the same issue in a more comprehensive appear out of date, and propose to
seeking to reopen the decisions therein. fashion.’’ delete the word ‘‘telegraph’’ from the
In many instances, the Commission 11. Sections 64.804(c)–(g). These rules, as proposed in the Appendix,
granted unconditional forbearance from provisions require carriers to (1) obtain below. We seek comment on this
a requirement, but the forbearance a signed application from the candidate proposal.
orders did not alter the text of the for Federal office or a person on behalf 14. In light of the evolution of
codified rule or remove the rule from of such candidate before extending technology away from the use of
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the CFR. Thus, the rules appear in the credit; (2) serve written notice to the telegraphs, we believe that the
CFR even though the Commission has candidate for non-payment; (3) take references to telegraph service in the
stated that it will forbear from applying appropriate action at law to collect any following rules are no longer necessary,
such rules. Absent additional research, unpaid balance; (4) maintain certain and should be deleted. Continuing to
a carrier or a consumer might believe associated records; and (5) carriers with include telegraph service in these rules
the regulations to be in force. We thus revenues in excess of $1 million must appears unnecessary, and potentially
believe that deleting from the CFR the file an annual report with the confusing. We seek comment on
rules identified below, for which the Commission. whether there are any providers offering
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![Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules 25991
telegraph service today at all, and if so, Communications Act of 1934, as presentations, and all attachments
whether such service offerings warrant amended states in part that ‘‘[n]o carrier thereto, must be filed through the
retaining the term ‘‘telegraph’’ in the shall discontinue, reduce, or impair electronic comment filing system
rules identified below. Would there be service to a community, or part of a available for that proceeding, and must
any practical impact if the Commission community, unless and until there shall be filed in their native format (e.g., .doc,
were to delete ‘‘telegraph’’ from these first have been obtained from the .xml, .ppt, searchable .pdf). Participants
rules? Commission a certificate that neither the in this proceeding should familiarize
15. Section 36.126 of the Separations present nor future public convenience themselves with the Commission’s ex
Rules. Jurisdictional separations is the and necessity will be adversely affected parte rules.
process by which incumbent local thereby.’’ Today, carriers providing
exchange carriers (LECs) apportion telegraph service must comply with the B. Comment Filing Procedures
regulated costs between intrastate and Commission’s Part 63 rules, which were
interstate jurisdictions. Incumbent LECs 19. Pursuant to sections 1.415 and
adopted pursuant to section 214(a). We
assign regulated costs to various propose to delete references to 1.419 of the Commission’s rules, 47 CFR
categories of plant and expenses, and ‘‘telegraph’’ as proposed in the 1.415, 1.419, interested parties may file
the costs in each category are Appendix below. To the extent that any comments and reply comments on or
apportioned between the intrastate and entities are still providing telegraph before the dates indicated on the first
interstate jurisdictions. As part of this service, we intend to exempt telegraph page of this document. Comments may
process, section 36.126 identifies service from all exit regulation by be filed using the Commission’s
equipment that is considered ‘‘Circuit exercising our forbearance authority and Electronic Comment Filing System
equipment—Category 4.’’ Section 36.126 we seek comment on whether we (ECFS). See Electronic Filing of
lists ‘‘telegraph,’’ ‘‘telegraph system should do so. We seek comment on this Documents in Rulemaking Proceedings,
terminals,’’ ‘‘telegraph carrier proposal. 63 FR 24121 (1998).
terminals,’’ ‘‘telegraph private line D Electronic Filers: Comments may be
services,’’ and ‘‘telegraph repeaters’’ as III. Procedural Matters
filed electronically using the Internet by
examples of such equipment. We A. Ex Parte Rules accessing the ECFS: http://
propose to delete these terms fjallfoss.fcc.gov/ecfs2/.
18. This proceeding shall be treated as
throughout section 36.126. Would
deletion have any practical impact? As
a ‘‘permit-but-disclose’’ proceeding in D Paper Filers: Parties who choose to
noted in the Process Reform Report, we accordance with the Commission’s ex file by paper must file an original and
anticipate sharing this NPRM with the parte rules. Persons making ex parte one copy of each filing. Filings can be
Federal-State Joint Board on presentations must file a copy of any sent by hand or messenger delivery, by
Separations. We note that there is a written presentation or a memorandum commercial overnight courier, or by
pending referral to the Federal-State summarizing any oral presentation first-class or overnight U.S. Postal
Joint Board on separations that within two business days after the Service mail. All filings must be
welcomed input on ‘‘whether, how, and presentation (unless a different deadline addressed to the Commission’s
when the Commission’s jurisdictional applicable to the Sunshine period Secretary, Office of the Secretary,
separations rules should be modified.’’ applies). Persons making oral ex parte Federal Communications Commission.
Thus, we need not specifically refer this presentations are reminded that
memoranda summarizing the D All hand-delivered or messenger-
discrete matter. delivered paper filings for the
16. Section 54.706(a)(13) of the presentation must (1) list all persons
attending or otherwise participating in Commission’s Secretary must be
Universal Service Rules. Section
the meeting at which the ex parte delivered to FCC Headquarters at 445
54.706(a) requires providers of interstate
presentation was made, and (2) 12th St. SW., Room TW–A325,
telecommunications services to
summarize all data presented and Washington, DC 20554. The filing hours
contribute to the universal service fund
if they provide more than a de minimis arguments made during the are 8:00 a.m. to 7:00 p.m. All hand
amount of such service, and paragraph presentation. If the presentation deliveries must be held together with
(a)(13) lists telegraph as an illustrative consisted in whole or in part of the rubber bands or fasteners. Any
example of interstate presentation of data or arguments envelopes and boxes must be disposed
telecommunications. We propose to already reflected in the presenter’s of before entering the building.
delete the term ‘‘telegraph’’ from section written comments, memoranda or other D Commercial overnight mail (other
54.706(a)(13), and seek comment on this filings in the proceeding, the presenter than U.S. Postal Service Express Mail
proposal. No entities filing FCC Form may provide citations to such data or and Priority Mail) must be sent to 9300
499 indicate that they are providing arguments in his or her prior comments, East Hampton Drive, Capitol Heights,
telegraph service, and we are not aware memoranda, or other filings (specifying MD 20743.
of any interstate telegraph providers the relevant page and/or paragraph
numbers where such data or arguments D U.S. Postal Service first-class,
today. De minimis providers are
can be found) in lieu of summarizing Express, and Priority mail must be
required to register and file FCC Form
them in the memorandum. Documents addressed to 445 12th Street SW.,
499 even if they do not contribute. If
shown or given to Commission staff Washington, DC 20554.
telegraph providers with more than a de
minimis amount of service existed, they during ex parte meetings are deemed to C. Accessible Formats
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still would be required to contribute to be written ex parte presentations and
the universal service fund, but this must be filed consistent with rule 20. To request materials in accessible
proposed rule change would update the 1.1206(b). In proceedings governed by formats for people with disabilities
rule to be in line with today’s rule 1.49(f) or for which the (braille, large print, electronic files,
marketplace. Commission has made available a audio format), send an email to fcc504@
17. Portions of Part 63 of the method of electronic filing, written ex fcc.gov or call the Consumer &
Discontinuance, Reduction, Outage and parte presentations and memoranda Governmental Affairs Bureau at 202–
Impairment Rules. Section 214(a) of the summarizing oral ex parte 418–0530 (voice), 202–418–0432 (tty).
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Federal Communications Commission. (1) Interexchange Circuit Equipment § 54.706 [Amended]
Marlene H. Dortch, Furnished to Another Company for ■ 8. In § 54.706, remove and reserve
Secretary. Interstate Use—Category 4.21—This paragraph (a)(13).
category comprises that circuit
Proposed Rule equipment provided for the use of PART 63—EXTENSION OF LINES, NEW
For the reasons discussed in the another company as an integral part of LINES, AND DISCONTINUANCE,
preamble, the Federal Communications its interexchange circuit facilities used REDUCTION, OUTAGE AND
Commission amends 47 CFR parts 36, wholly for interstate services. This IMPAIRMENT OF SERVICE BY
42, 54, 63, and 64 to read as follows: category includes such circuit COMMON CARRIERS; AND GRANTS
equipment as telephone carrier OF RECOGNIZED PRIVATE
PART 36—JURISDICTIONAL terminals and microwave systems used OPERATING AGENCY STATUS
SEPARATIONS PROCEDURES; wholly for interstate services. The total
STANDARD PROCEDURES FOR cost of the circuit equipment in this ■ 9. The authority citation for part 63
SEPARATING category for the study area is assigned continues to read as follows:
TELECOMMUNICATIONS PROPERTY to the interstate operation Authority: Sections 1, 4(i), 4(j), 10, 11,
COSTS, REVENUES, EXPENSES, (e) * * * 201–205, 214, 218, 403 and 651 of the
TAXES AND RESERVES FOR (1) Interexchange Circuit Equipment Communications Act of 1934, as amended,
TELECOMMUNICATIONS COMPANIES Furnished to Another Company for 47 U.S.C. 151, 154(i), 154(j), 160, 201–205,
Interstate Use—Category 4.21—This 214, 218, 403, and 571, unless otherwise
■ 1. The authority citation for part 36 category comprises that circuit noted.
continues to read as follows: equipment provided for the use of ■ 10. Amend § 63.60 by revising
Authority: 47 U.S.C. 151, 154(i) and (j), another company as an integral part of paragraph (c) to read as follows:
205, 221(c), 254, 303(r), 403, 410, and 1302 its interexchange circuit facilities used
unless otherwise noted. wholly for interstate services. This § 63.60 Definitions.
■ 2. Amend § 36.126 by revising category includes such circuit * * * * *
paragraphs (a)(1), (2), and (8), adding equipment as telephone carrier (c) Emergency discontinuance,
paragraph (b)(4), and revising terminals and microwave systems used reduction, or impairment of service
paragraphs (d)(1), (e)(1), and (e)(3)(iii) to wholly for interstate services. The total means any discontinuance, reduction,
read as follows: cost of the circuit equipment in this or impairment of the service of a carrier
category for the study area is assigned occasioned by conditions beyond the
§ 36.126 Circuit equipment—Category 4. to the interstate operation. control of such carrier where the
(a) * * * * * * * * original service is not restored or
(1) Carrier telephone system (3) * * * comparable service is not established
terminals. (iii) The cost of special circuit within a reasonable time. For the
(2) Telephone repeaters, termination equipment is segregated among private purpose of this part, a reasonable time
sets, impedance compensators, pulse line services based on an analysis of the shall be deemed to be a period not in
link repeaters, echo suppressors and use of the equipment and in accordance excess of the following: 10 days in the
other intermediate transmission with § 36.126(b)(4). The special circuit case of public coast stations; and 60
amplification and balancing equipment equipment cost assigned to private line days in all other cases;
except that included in switchboards. services is directly assigned to the * * * * *
* * * * * appropriate operations. ■ 11. Amend § 63.61 by revising the
(8) Testboards, test desks, repair desks * * * * * introductory text to read as follows:
and patch bays, including those
provided for test and control, and for PART 42—PRESERVATION OF § 63.61 Applicability.
transmission testing. RECORDS OF COMMUNICATION Any carrier subject to the provisions
(b) * * * COMMON CARRIERS of section 214 of the Communications
(4) In addition, for the purpose of Act of 1934, as amended, proposing to
■ 3. The authority citation for part 42
identifying and separating property discontinue, reduce or impair interstate
continues to read as follows:
associated with special services, circuit or foreign telephone service to a
equipment included in Categories 4.12 Authority: Sec. 4(i), 48 Stat. 1066, as community, or a part of a community,
(other than wideband equipment) 4.13 amended, 47 U.S.C. 154(i). Interprets or
applies secs. 219 and 220, 48 Stat. 1077–78,
shall request authority therefor by
and 4.23 is identified as either basic formal application or informal request
47 U.S.C. 219, 220.
circuit equipment, i.e., equipment that as specified in the pertinent sections of
performs functions necessary to provide § 42.4 [Removed] this part:
and operate channels suitable for voice ■ 4. Remove § 42.4. * * * * *
transmission (telephone grade
§ 42.5 [Removed] ■ 12. Amend § 63.62 by revising the
channels), or special circuit equipment,
section heading to read as follows:
i.e., equipment that is peculiar to special ■ 5. Remove § 42.5.
service circuits. Carrier telephone § 63.62 Type of discontinuance, reduction,
terminals and carrier telephone § 42.7 [Removed]
or impairment of telephone service
repeaters are examples of basic circuit ■ 6. Remove § 42.7. requiring formal application.
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equipment in general use, while audio * * * * *
program transmission amplifiers, PART 54—UNIVERSAL SERVICE
bridges, monitoring devices and volume ■ 7. The authority citation for part 54 § 63.65 [Amended]
indicators are examples of special continues to read as follows: ■ 13. In § 63.65, remove and reserve
circuit equipment in general use. Authority: 47 U.S.C. 151, 154(i), 155, 201, paragraph (a)(4).
* * * * * 205, 214, 219, 220, 254, 303(r), 403, and 1302 ■ 14. Amend § 63.500 by revising
(d) * * * unless otherwise noted. paragraph (g) to read as follows:
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![25994 Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Proposed Rules
§ 63.500 Contents of applications to ■ 22. Revise § 64.5001 to read as parties to provide comments for GSAR
dismantle or remove a trunk line. follows: Case 2013–G504, Transactional Data
* * * * * Reporting, to May 11, 2015.
(g) Name of any other carrier or § 64.5001 Reporting and certification
carriers providing telephone service to requirements. DATES:For the proposed rule published
the community; On a quarterly basis, every prepaid on March 4, 2015 (80 FR 11619), submit
calling card provider must submit to the comments by May 11, 2015.
* * * * *
■ 15. Amend § 63.501 by revising Commission a certification, signed by an ADDRESSES: Submit comments in
paragraph (g) to read as follows: officer of the company under penalty of response to GSAR Case 2013–G504 by
perjury, stating that it is making the any of the following methods:
§ 63.501 Contents of applications to sever required Universal Service Fund
physical connection or to terminate or contribution based on the reported • Regulations.gov: http://
suspend interchange of traffic with another information. This provision shall not www.regulations.gov. Submit comments
carrier. apply to any prepaid calling card by searching for ‘‘GSAR Case 2013–
* * * * * provider that has timely filed every FCC G504’’. Select the link ‘‘Comment Now’’
(g) Name of any other carrier or Form 499–A and 499–Q due during the and follow the instructions provided at
carriers providing telephone service to preceding two-year period. the ‘‘You are commenting on’’ screen.
the community; Please include your name, company
[FR Doc. 2015–10470 Filed 5–5–15; 8:45 am]
* * * * * name (if any), and ‘‘GSAR Case 2013–
BILLING CODE 6712–01–P
■ 16. Amend § 63.504 by revising G504’’, on your attached document.
paragraph (k) to read as follows: • Mail: General Services
Administration, Regulatory Secretariat
§ 63.504 Contents of applications to close GENERAL SERVICES
a public toll station where no other such toll Division (MVCB), 1800 F Street NW.,
ADMINISTRATION
station of the applicant in the community 2nd Floor, ATTN: Ms. Flowers,
will continue service and where telephone 48 CFR Parts 501, 516, 538 and 552 Washington, DC 20405–0001.
toll service is not otherwise available to the Instructions: Please submit comments
public through a telephone exchange [GSAR Case 2013–G504; Docket 2014–0020;
Sequence 1] only and cite GSAR Case 2013–G504 in
connected with the toll lines of a carrier.
all correspondence related to this case.
* * * * * RIN 3090–AJ51 All comments received will be posted
(k) Description of the service without change to http://
involved, including a statement of the General Services Administration www.regulations.gov, including any
number of toll telephone messages sent- Acquisition Regulation (GSAR); personal and/or business confidential
paid and received-collect, and the Transactional Data Reporting; information provided.
revenues from such traffic, in Extension of Time for Comments
connection with the service proposed to FOR FURTHER INFORMATION CONTACT: Ms.
be discontinued for each of the past 6 AGENCY: Office of Acquisition Policy, Dana Munson, General Services
months; and, if the volume of such General Services Administration. Acquisition Policy Division, GSA, at
traffic handled in the area has decreased ACTION: Proposed rule; extension of 202–357–9652, or Mr. Matthew
during recent years, the reasons comment period. McFarland, General Services
therefor. Acquisition Policy Division, GSA, at
SUMMARY: The General Services 202–690–9232, or email gsar@gsa.gov
PART 64—MISCELLANEOUS RULES Administration (GSA) issued a proposed for clarification of content. For
RELATING TO COMMON CARRIERS rule on March 4, 2015, amending the information pertaining to status or
General Services Administration publication schedules, contact the
■ 17. The authority citation for part 64 Acquisition Regulation (GSAR) to
continues to read as follows: Regulatory Secretariat Division at 202–
include clauses that would require 501–4755. Please cite GSAR Case 2013–
Authority: 47 U.S.C. 154, 254(k); vendors to report transactional data G504.
403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. from orders and prices paid by ordering
56. Interpret or apply 47 U.S.C. 201, 218, 222, activities. This includes orders placed SUPPLEMENTARY INFORMATION:
225, 226, 227, 228, 254(k), 616, 620, and the against both Federal Supply Schedule
Middle Class Tax Relief and Job Creation Act Background
(FSS) contract vehicles and GSA’s non-
of 2012, Pub. L. 112–96, unless otherwise
noted. FSS contract vehicles—Government- GSA published a proposed rule in the
wide Acquisition Contracts (GWACs) Federal Register at 80 FR 11619, March
Subpart A—[Removed and Reserved] and Government-wide Indefinite- 4, 2015. The comment period is
Delivery, Indefinite-Quality (IDIQ) extended to provide additional time for
■ 18. Remove and reserve subpart A, contracts. For FSS vehicles, the clause interested parties to submit comments
consisting of § 64.1. would be introduced in phases, on the GSAR case until May 11, 2015.
beginning with a pilot for select
Subpart C—[Removed and Reserved] List of Subjects in 48 CFR Parts 501,
products and commoditized services.
■ 19. Remove and reserve subpart C, The new clause will be paired with 516, 538, and 552
consisting of § 64.301. changes to the basis of award Government procurement.
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monitoring requirement of the existing
Subpart E—[Removed and Reserved] price reductions clause, resulting in a Dated: April 30, 2015.
burden reduction for participating FSS Jeffrey A. Koses,
■ 20. Remove and reserve subpart E,
consisting of § 64.501. contractors. This rulemaking does not Senior Procurement Executive, Office of
apply to the Department of Veterans Acquisition Policy, Office of Government-
§ 64.804 [Amended] Affairs (VA) FSS contract holders. The wide Policy.
■ 21. In § 64.804, remove and reserve comment period is being extended to [FR Doc. 2015–10637 Filed 5–5–15; 8:45 am]
paragraphs (c) through (g). provide additional time for interested BILLING CODE 6820–61–P
VerDate Sep<11>2014 18:29 May 05, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\06MYP1.SGM 06MYP1](https://thefederalregister.org/doc/80_FR_26076/page/6.svg)
Document Created: 2015-12-16 07:41:25
Document Modified: 2015-12-16 07:41:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Submit comments on or before June 5, 2015. Submit reply comments on or before June 22, 2015. | |
| Contact | Alexis Johns, Wireline Competition Bureau, Competition Policy Division, (202) 418-1580, or send an email to [email protected] | |
| FR Citation | 80 FR 25989 | |
| CFR Citation | 47
CFR
36 47 CFR 42 47 CFR 54 47 CFR 63 47 CFR 64 | |
| CFR Associated | Communications Common Carriers; Reporting and Recordkeeping Requirements; Telephone; Uniform System of Accounts; Radio; Telegraph; Health Facilities; Infants and Children; Libraries; Schools; Telecommunications; Cable Television; Civil Defense; Claims; Computer Technology; Credit; Foreign Relations; Individuals with Disabilities and Political Candidates |
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