80 FR 45916 - Wireline Competition Bureau Seeks To Refresh the Record on Pending Issues Regarding Eligible Telecommunications Carrier Designations and Obligations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 148 (August 3, 2015)

Page Range		45916-45917
FR Document		2015-18993
In this document, the Wireline Competition Bureau seeks to refresh the record on pending issues related to Eligible Telecommunications Carrier (ETC) designations and obligations in areas served by price cap carriers.
Federal Register, Volume 80 Issue 148 (Monday, August 3, 2015)
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Proposed Rules]
[Pages 45916-45917]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18993]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket No. 10-90, 14-192, 11-42, 09-197; DA 15-851]


Wireline Competition Bureau Seeks To Refresh the Record on 
Pending Issues Regarding Eligible Telecommunications Carrier 
Designations and Obligations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Wireline Competition Bureau seeks to 
refresh the record on pending issues related to Eligible 
Telecommunications Carrier (ETC) designations and obligations in areas 
served by price cap carriers.

DATES: Comments are due on or before September 2, 2015 and reply 
comments are due on or before September 17, 2015.

ADDRESSES: You may submit comments, identified by WC Docket Nos. 10-90, 
14-192, 11-42 or 09-197, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     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: Heidi Lankau, Wireline Competition 
Bureau at (202) 418-7400 or TTY (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Wireline 
Competition Bureau's document in WC Docket No. 10-90, 14-192, 11-42 and 
09-197; DA 15-851, released July 23, 2015. The complete text of these 
documents are available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW., Room CY-A257, Washington, DC 20554.

I. Introduction

    1. Against the backdrop of the relief already granted in the 
December 2014 Connect America Order, 80 FR 4446, January 27, 2015. The 
Wireline Competition Bureau (Bureau) seeks to refresh the record on 
issues raised in various proceedings related to ETC designations and 
obligations in areas served by price cap carriers. In the USF/ICC 
Transformation FNPRM, 76 FR 78384, December 16, 2011, the Commission 
noted that ETC service obligations and funding should be 
``appropriately matched, while avoiding consumer disruption in access 
to communications services.'' It sought comment on how existing voice 
telephony service obligations for ETCs would change as funding shifts 
to new, more targeted mechanisms, including potentially via forbearance 
from the relevant requirements of section 214(e)(1). In the April 2014 
Connect America FNPRM, 79 FR 39196, July 9, 2014, the Commission sought 
to develop the record further on how relieving incumbent local exchange 
carriers (LECs) of their ETC obligations would comport with section 214 
of the Communications Act and what specific obligations incumbent LECs 
would be relieved of in areas where they do not receive high-cost 
support. In October 2014, USTelecom submitted a petition seeking, among 
other things, forbearance from the enforcement of section 214(e)(1)(A) 
where a price cap carrier receives no high-cost support. And recently 
the Commission released a FNPRM for the Lifeline program seeking 
comment on proposals for ETC relief

[[Page 45917]]

from Lifeline obligations and incorporating the record from the Connect 
America and USTelecom forbearance petition proceedings into that 
docket.
    2. Specifically, the Bureau seeks to refresh the record on the 
issues that remain pending and how the actions already taken in the 
December 2014 Connect America Order might affect the Commission's 
analysis with respect to these pending issues in several open dockets. 
In the December 2014 Connect America Order, the Commission did not 
resolve the issues that were raised in the Connect America Fund 
rulemaking proceeding and the forbearance petition regarding possible 
forbearance or other relief from the price cap carriers' ETC 
designations or the regulatory requirements imposed on ETCs for those 
census blocks where forbearance was not granted. Moreover, the 
Commission did not resolve the issue of granting broader forbearance or 
other relief from the ETC designations of the price cap carriers 
serving the census blocks where limited forbearance was granted. The 
Commission neither accepted nor rejected commenters' various 
arguments--whether in favor of, or against--such proposals. These 
issues remain pending to the extent originally raised in the rulemaking 
proceeding or the forbearance proceeding (or both).

II. Procedural Matters

1. Initial Regulatory Flexibility Act Analysis

    3. The USF/ICC Transformation FNPRM and April 2014 Connect America 
FNPRM included Initial Regulatory Flexibility Analyses (IRFAs) pursuant 
to 5 U.S.C. 603, exploring the potential impact on small entities of 
the Commission's proposal concerning potential relief from ETC 
obligations. We invite parties to file comments on the IRFAs in light 
of this request to refresh the record.

2. Paperwork Reduction Analysis

    4. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified information collection burden for small business concerns 
with fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

3. Filing Requirements

    5. Interested parties may file comments and reply comments on or 
before the dates indicated on the first page of this document. Comments 
are to reference WC Docket Nos. 10-90, 14-192, 11-42, 09-197 and DA 15-
851 and may be filed using the Commission's Electronic Comment Filing 
System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    (1) 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.
    (2) 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.
    (3) U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street, SW., Washington DC 20554.
    6. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    7. This matter shall continue to 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.
    8. For further information, please contact Heidi Lankau, 
Telecommunications Access Policy Division, Wireline Competition Bureau 
at 202-418-7400; or at TTY (202) 418-0484.

Federal Communications Commission.
Ryan B. Palmer,
Chief, Telecommunications Access Policy Division, Wireline Competition 
Bureau.
[FR Doc. 2015-18993 Filed 7-31-15; 8:45 am]
BILLING CODE 6712-01-P
45916 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules

Office of Air Program Planning, Copies of the State submittal are accommodations (accessible format
Mailcode 3AP30, U.S. Environmental available at the Maryland Department of documents, sign language interpreters,
Protection Agency, Region III, 1650 the Environment, 1800 Washington CART, etc.) by email: FCC504@fcc.gov
Arch Street, Philadelphia, Pennsylvania Boulevard, Suite 705, Baltimore, or phone: 202–418–0530 or TTY: 202–
19103. Maryland 21230. 418–0432.
D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT: For detailed instructions for
listed EPA Region III address. Such Asrah Khadr, (215) 814–2071, or by submitting comments and additional
deliveries are only accepted during the email at khadr.asrah@epa.gov. information on the rulemaking process,
Docket’s normal hours of operation, and see the SUPPLEMENTARY INFORMATION
SUPPLEMENTARY INFORMATION: For
special arrangements should be made section of this document.
for deliveries of boxed information. further information, please see the
information provided in the direct final FOR FURTHER INFORMATION CONTACT:
Instructions: Direct your comments to Heidi Lankau, Wireline Competition
Docket ID No. EPA–R03–OAR–2014– action, with the same title, that is
located in the ‘‘Rules and Regulations’’ Bureau at (202) 418–7400 or TTY (202)
0854. EPA’s policy is that all comments 418–0484.
received will be included in the public section of this Federal Register
publication. Please note that if EPA SUPPLEMENTARY INFORMATION: This is a
docket without change, and may be
made available online at receives adverse comment on an synopsis of the Wireline Competition
www.regulations.gov, including any amendment, paragraph, or section of the Bureau’s document in WC Docket No.
personal information provided, unless rule and if that provision may be 10–90, 14–192, 11–42 and 09–197; DA
the comment includes information severed from the remainder of the rule, 15–851, released July 23, 2015. The
claimed to be Confidential Business EPA may adopt as final those provisions complete text of these documents are
Information (CBI) or other information of the rule that are not the subject of an available for inspection and copying
whose disclosure is restricted by statute. adverse comment. during normal business hours in the
Do not submit information that you Dated: July 20, 2015. FCC Reference Information Center,
consider to be CBI or otherwise Portals II, 445 12th Street SW., Room
William C. Early,
protected through www.regulations.gov CY–A257, Washington, DC 20554.
Acting Regional Administrator, Region III.
or email. The www.regulations.gov Web [FR Doc. 2015–18827 Filed 7–31–15; 8:45 am] I. Introduction
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
BILLING CODE 6560–50–P 1. Against the backdrop of the relief
identity or contact information unless already granted in the December 2014
you provide it in the body of your Connect America Order, 80 FR 4446,
comment. If you send an email FEDERAL COMMUNICATIONS January 27, 2015. The Wireline
comment directly to EPA without going COMMISSION Competition Bureau (Bureau) seeks to
through www.regulations.gov, your refresh the record on issues raised in
47 CFR Part 54 various proceedings related to ETC
email address will be automatically
captured and included as part of the [WC Docket No. 10–90, 14–192, 11–42, 09– designations and obligations in areas
comment that is placed in the public 197; DA 15–851] served by price cap carriers. In the USF/
docket and made available on the ICC Transformation FNPRM, 76 FR
Internet. If you submit an electronic Wireline Competition Bureau Seeks To 78384, December 16, 2011, the
comment, EPA recommends that you Refresh the Record on Pending Issues Commission noted that ETC service
include your name and other contact Regarding Eligible obligations and funding should be
information in the body of your Telecommunications Carrier ‘‘appropriately matched, while avoiding
comment and with any disk or CD–ROM Designations and Obligations consumer disruption in access to
you submit. If EPA cannot read your communications services.’’ It sought
AGENCY: Federal Communications
comment due to technical difficulties comment on how existing voice
Commission.
and cannot contact you for clarification, telephony service obligations for ETCs
ACTION: Proposed rule. would change as funding shifts to new,
EPA may not be able to consider your
comment. Electronic files should avoid SUMMARY: In this document, the more targeted mechanisms, including
the use of special characters, any form Wireline Competition Bureau seeks to potentially via forbearance from the
of encryption, and be free of any defects refresh the record on pending issues relevant requirements of section
or viruses. related to Eligible Telecommunications 214(e)(1). In the April 2014 Connect
Docket: All documents in the Carrier (ETC) designations and America FNPRM, 79 FR 39196, July 9,
electronic docket are listed in the obligations in areas served by price cap 2014, the Commission sought to develop
www.regulations.gov index. Although carriers. the record further on how relieving
listed in the index, some information is incumbent local exchange carriers
DATES: Comments are due on or before
not publicly available, i.e., CBI or other (LECs) of their ETC obligations would
information whose disclosure is September 2, 2015 and reply comments comport with section 214 of the
restricted by statute. Certain other are due on or before September 17, Communications Act and what specific
material, such as copyrighted material, 2015. obligations incumbent LECs would be
is not placed on the Internet and will be ADDRESSES: You may submit comments, relieved of in areas where they do not
publicly available only in hard copy identified by WC Docket Nos. 10–90, receive high-cost support. In October
mstockstill on DSK4VPTVN1PROD with PROPOSALS

form. Publicly available docket 14–192, 11–42 or 09–197, by any of the 2014, USTelecom submitted a petition
materials are available either following methods: seeking, among other things,
electronically in www.regulations.gov or • Electronic Filers: Comments may be forbearance from the enforcement of
in hard copy during normal business filed electronically using the Internet by section 214(e)(1)(A) where a price cap
hours at the Air Protection Division, accessing the ECFS: http:// carrier receives no high-cost support.
U.S. Environmental Protection Agency, fjallfoss.fcc.gov/ecfs2/. And recently the Commission released a
Region III, 1650 Arch Street, • People with Disabilities: Contact FNPRM for the Lifeline program seeking
Philadelphia, Pennsylvania 19103. the FCC to request reasonable comment on proposals for ETC relief

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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Proposed Rules 45917

from Lifeline obligations and page of this document. Comments are to attending or otherwise participating in
incorporating the record from the reference WC Docket Nos. 10–90, 14– the meeting at which the ex parte
Connect America and USTelecom 192, 11–42, 09–197 and DA 15–851 and presentation was made, and (2)
forbearance petition proceedings into may be filed using the Commission’s summarize all data presented and
that docket. Electronic Comment Filing System arguments made during the
2. Specifically, the Bureau seeks to (ECFS). See Electronic Filing of presentation. If the presentation
refresh the record on the issues that Documents in Rulemaking Proceedings, consisted in whole or in part of the
remain pending and how the actions 63 FR 24121 (1998). presentation of data or arguments
already taken in the December 2014 • Electronic Filers: Comments may be already reflected in the presenter’s
Connect America Order might affect the filed electronically using the Internet by written comments, memoranda or other
Commission’s analysis with respect to accessing the ECFS: http://apps.fcc.gov/ filings in the proceeding, the presenter
these pending issues in several open ecfs/. may provide citations to such data or
dockets. In the December 2014 Connect D Paper Filers: Parties who choose to arguments in his or her prior comments,
America Order, the Commission did not file by paper must file an original and memoranda, or other filings (specifying
resolve the issues that were raised in the one copy of each filing. If more than one the relevant page and/or paragraph
Connect America Fund rulemaking docket or rulemaking number appears in numbers where such data or arguments
proceeding and the forbearance petition the caption of this proceeding, filers can be found) in lieu of summarizing
regarding possible forbearance or other must submit two additional copies for them in the memorandum. Documents
relief from the price cap carriers’ ETC each additional docket or rulemaking shown or given to Commission staff
designations or the regulatory number. Filings can be sent by hand or during ex parte meetings are deemed to
requirements imposed on ETCs for those messenger delivery, by commercial be written ex parte presentations and
census blocks where forbearance was overnight courier, or by first-class or must be filed consistent with rule
not granted. Moreover, the Commission overnight U.S. Postal Service mail. All 1.1206(b). In proceedings governed by
did not resolve the issue of granting filings must be addressed to the rule 1.49(f) or for which the
broader forbearance or other relief from Commission’s Secretary, Office of the Commission has made available a
the ETC designations of the price cap Secretary, Federal Communications method of electronic filing, written ex
carriers serving the census blocks where Commission. parte presentations and memoranda
(1) All hand-delivered or messenger- summarizing oral ex parte
limited forbearance was granted. The
delivered paper filings for the presentations, and all attachments
Commission neither accepted nor
Commission’s Secretary must be thereto, must be filed through the
rejected commenters’ various
delivered to FCC Headquarters at 445 electronic comment filing system
arguments—whether in favor of, or
12th St. SW., Room TW–A325, available for that proceeding, and must
against—such proposals. These issues
Washington, DC 20554. The filing hours be filed in their native format (e.g., .doc,
remain pending to the extent originally
are 8:00 a.m. to 7:00 p.m. All hand .xml, .ppt, searchable .pdf). Participants
raised in the rulemaking proceeding or
deliveries must be held together with in this proceeding should familiarize
the forbearance proceeding (or both).
rubber bands or fasteners. Any themselves with the Commission’s ex
II. Procedural Matters envelopes and boxes must be disposed parte rules.
of before entering the building. 8. For further information, please
1. Initial Regulatory Flexibility Act (2) Commercial overnight mail (other
Analysis contact Heidi Lankau,
than U.S. Postal Service Express Mail Telecommunications Access Policy
3. The USF/ICC Transformation and Priority Mail) must be sent to 9300 Division, Wireline Competition Bureau
FNPRM and April 2014 Connect East Hampton Drive, Capitol Heights, at 202–418–7400; or at TTY (202) 418–
America FNPRM included Initial MD 20743. 0484.
Regulatory Flexibility Analyses (IRFAs) (3) U.S. Postal Service first-class,
pursuant to 5 U.S.C. 603, exploring the Express, and Priority mail must be Federal Communications Commission.
potential impact on small entities of the addressed to 445 12th Street, SW., Ryan B. Palmer,
Commission’s proposal concerning Washington DC 20554. Chief, Telecommunications Access Policy
potential relief from ETC obligations. 6. People with Disabilities: To request Division, Wireline Competition Bureau.
We invite parties to file comments on materials in accessible formats for [FR Doc. 2015–18993 Filed 7–31–15; 8:45 am]
the IRFAs in light of this request to people with disabilities (braille, large BILLING CODE 6712–01–P
refresh the record. print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
2. Paperwork Reduction Analysis the Consumer & Governmental Affairs FEDERAL COMMUNICATIONS
4. This document does not contain Bureau at 202–418–0530 (voice), 202– COMMISSION
proposed information collection(s) 418–0432 (tty).
7. This matter shall continue to be 47 CFR Part 73
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In treated as a ‘‘permit-but-disclose’’ [DA 15–805; MB Docket No. 15–167; RM–
addition, therefore, it does not contain proceeding in accordance with the 11751]
any new or modified information Commission’s ex parte rules. Persons
collection burden for small business making ex parte presentations must file Radio Broadcasting Services; Grant,
a copy of any written presentation or a Oklahoma
mstockstill on DSK4VPTVN1PROD with PROPOSALS

concerns with fewer than 25 employees,
pursuant to the Small Business memorandum summarizing any oral AGENCY: Federal Communications
Paperwork Relief Act of 2002, Public presentation within two business days Commission.
Law 107–198, see 44 U.S.C. 3506(c)(4). after the presentation (unless a different ACTION: Proposed rule.
deadline applicable to the Sunshine
3. Filing Requirements period applies). Persons making oral ex SUMMARY: This document proposes, at
5. Interested parties may file parte presentations are reminded that the request of Katherine Pyeatt
comments and reply comments on or memoranda summarizing the (‘‘Pyeatt’’), the allotment of FM Channel
before the dates indicated on the first presentation must (1) list all persons 286A at Grant, Oklahoma. The

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Document Created: 2018-02-23 10:51:28
Document Modified: 2018-02-23 10:51:28
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		Proposed rule.
Dates		Comments are due on or before September 2, 2015 and reply comments are due on or before September 17, 2015.
Contact		Heidi Lankau, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
FR Citation		80 FR 45916