80 FR 25989 - Modernizing Common Carrier Rules

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 87 (May 6, 2015)

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.

[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]


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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.

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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