80_FR_52810 80 FR 52641 - Reporting Requirements for U.S. Providers of International Telecommunications Services

80 FR 52641 - Reporting Requirements for U.S. Providers of International Telecommunications Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range52641-52642
FR Document2015-21091

In this Order, the Federal Communications Commission (Commission) dismisses the petition for reconsideration (Petition) of the Second Report and Order filed by Voice on the Net Coalition (Petitioner), seeking reconsideration of the Commission's decision to extend international traffic and revenue reporting requirements to entities providing international calling service via Voice over Internet Protocol (VoIP) connected to the public switched telephone network (PSTN), and requiring submarine cable landing licensees to file reports identifying capacity they own or lease on each submarine cable. The Petition relies on facts and arguments that do not meet the requirements of the Commission's rules and the Petition plainly does not warrant consideration by the Commission.

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52641-52642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21091]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 43

[IB Docket No. 04-112 (Terminated); DA 15-711]


Reporting Requirements for U.S. Providers of International 
Telecommunications Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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

SUMMARY: In this Order, the Federal Communications Commission 
(Commission) dismisses the petition for reconsideration (Petition) of 
the Second Report and Order filed by Voice on the Net Coalition 
(Petitioner), seeking reconsideration of the Commission's decision to 
extend international traffic

[[Page 52642]]

and revenue reporting requirements to entities providing international 
calling service via Voice over Internet Protocol (VoIP) connected to 
the public switched telephone network (PSTN), and requiring submarine 
cable landing licensees to file reports identifying capacity they own 
or lease on each submarine cable. The Petition relies on facts and 
arguments that do not meet the requirements of the Commission's rules 
and the Petition plainly does not warrant consideration by the 
Commission.

DATES: September 1, 2015.

FOR FURTHER INFORMATION CONTACT: David Krech, Policy Division, 
International Bureau at 202-418-7443; or Veronica Garcia-Ulloa, Policy 
Division, International Bureau at 202-418-0481.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
dismissing the petition for reconsideration, DA 15-711, adopted and 
released on June 17, 2015. Under the Commission's rules, petitions for 
reconsideration that rely on facts or arguments that have not 
previously been presented to the Commission will be considered only 
under certain limited circumstances and may be dismissed by the 
relevant bureau if they do not meet those circumstances. The Petition 
relies on facts and arguments that do not meet the requirements of 
Sec.  1.429(b)(1) through (3) of the Commission's rules. Petitioner 
previously could have presented these facts and arguments to the 
Commission in response to the Further Notice of Proposed Rulemaking in 
this proceeding, but did not present. Accordingly, pursuant to Sec.  
1.429(l) of the Commission's rules, the Petition plainly does not 
warrant consideration by the Commission. The Order on Reconsideration 
is available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. 
The document is also available for download over the Internet at http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0617/DA-15-711A1.pdf. The Commission will not send a copy of this Order pursuant 
to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this 
Order does not have an impact on any rules of particular applicability.

    Federal Communications Commission.
Nese Guendelsberger,
Deputy Chief, International Bureau.
[FR Doc. 2015-21091 Filed 8-31-15; 8:45 am]
BILLING CODE 6712-01-P



                                                                 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations                                             52641

                                                Commission, phone numbers and email                     § 503.32 Procedures for responding to                 request, within ten (10) calendar days
                                                addresses, as well as locations of Area                 requests made under the Freedom of                    after the receipt date of the request.
                                                Representatives.                                        Information Act.
                                                                                                                                                              *      *    *     *     *
                                                  (k) Information about how to file a                      (a) * * *                                          ■ 10. Amend § 503.34 by revising
                                                complaint alleging violations of the                       (1) Such determination shall be made               paragraph (a) to read as follows:
                                                Shipping Act, and how to seek                           by the Secretary within twenty (20)
                                                mediation or alternative dispute                        business days after receipt of such                   § 503.34 Annual report of public
                                                resolution services.                                    request, except as provided in                        information request activity.
                                                  (l) Commonly used forms.                              paragraphs (b) and (e)(4) of this section.              (a) On or before February 1 of each
                                                  (m) Final and pending proposed rules.                                                                       year, the Commission must submit to
                                                                                                        *       *    *     *     *
                                                                                                                                                              the Attorney General of the United
                                                  (n) Access to statements of policy and                   (3)(i) * * *                                       States, in the format required by the
                                                interpretations as published in part 545                   (B) Be filed not later than thirty (30)            Attorney General, a report on FOIA
                                                of this chapter.                                        calendar days following receipt of                    activities which shall cover the
                                                  (o) Lists of the location of all common               notification of full or partial denial of             preceding fiscal year pursuant to 5
                                                carrier and conference tariffs and                      records requested.                                    U.S.C. 552(e).
                                                publically available terminal schedules                    (ii) The Chairman or the Chairman’s
                                                of marine terminal operators.                                                                                 *     *     *     *     *
                                                                                                        specific delegate, in his or her absence,
                                                §§ 503.23 and 503.24      [Removed and                  shall make a determination with respect               Subpart I—Public Observation of
                                                Reserved]                                               to that appeal within twenty (20)                     Federal Maritime Commission
                                                                                                        business days after receipt of such                   Meetings and Public Access to
                                                ■ 6. Remove and reserve §§ 503.23 and                   appeal, except as provided in paragraph               Information Pertaining to Commission
                                                503.24.                                                 (b) of this section.                                  Meetings
                                                Subpart D—Requests for Records                          *       *    *     *     *
                                                                                                                                                              ■ 11. Amend § 503.87 by revising
                                                Under the Freedom of Information Act                       (b) * * *
                                                                                                                                                              paragraph (b) to read as follows:
                                                                                                           (4) The Secretary may make an initial
                                                ■ 7. Revise the subpart D heading to                    written request to the requestor for                  § 503.87 Effect of provisions of this
                                                read as set forth above.                                information to clarify the request which              subpart on other subparts.
                                                ■ 8. Amend § 503.31 by revising                         will toll the 20-day processing period                *      *    *     *     *
                                                paragraphs (a) and (d) to read as follows:              until such information has been                          (b) Nothing in this subpart shall
                                                                                                        received. The 20-day processing period                permit the withholding from any
                                                § 503.31 Records available upon written                 will recommence after receipt of the                  individual to whom a record pertains
                                                request under the Freedom of Information                requested information.                                any record required by this subpart to be
                                                Act.                                                                                                          maintained by the agency which record
                                                                                                           (5) The Secretary may also make
                                                   (a) Generally. Many documents are                    written requests to clarify issues                    is otherwise available to such an
                                                available on the Commission’s public                    regarding fee assessments. Such written               individual under the provisions of
                                                Web site and the Commission                             requests will toll the 20-day processing              subpart H of this part.
                                                encourages requesters visit the Web site                period until such information has been                  By the Commission.
                                                before making a request for records                     received from the requestor. The 20-day               Karen V. Gregory,
                                                under FOIA.                                             processing period will recommence                     Secretary.
                                                   (1) Electronic or written requests. A                after receipt of the requested                        [FR Doc. 2015–21453 Filed 8–31–15; 8:45 am]
                                                member of the public may request                        information.
                                                                                                                                                              BILLING CODE 6731–AA–P
                                                permission to inspect, copy or be                       *       *    *     *     *
                                                provided with any Commission record
                                                                                                           (d) Multitrack processing of requests.
                                                not described in subpart C of this part
                                                                                                        The Secretary uses multitrack                         FEDERAL COMMUNICATIONS
                                                or posted on the Commission’s Web site
                                                                                                        processing of FOIA requests. Requests                 COMMISSION
                                                at www.fmc.gov. Such a request must:
                                                                                                        which seek and are granted expedited
                                                   (i) Reasonably describe the record or                processing are put on the expedited                   47 CFR Part 43
                                                records sought;                                         track. All other requests are designated
                                                   (ii) Be submitted electronically to                                                                        [IB Docket No. 04–112 (Terminated); DA 15–
                                                                                                        either simple or complex requests based               711]
                                                FOIA@fmc.gov or in writing to the                       on the amount of time and/or
                                                Secretary, Federal Maritime                             complexity needed to process the                      Reporting Requirements for U.S.
                                                Commission, 800 North Capitol Street                    request. A request may be considered                  Providers of International
                                                NW., Washington, DC 20573.                              simple if it involves records that are                Telecommunications Services
                                                   (iii) Be clearly marked on the subject               routinely requested and readily
                                                line of an email or on the exterior of the              available.                                            AGENCY:  Federal Communications
                                                envelope with the term ‘‘FOIA.’’                           (e) Expedited processing of requests.              Commission.
                                                   (2) [Reserved]                                       (1) The Secretary will provide for                    ACTION: Final rule; petition for
                                                *       *     *    *    *                               expedited processing of requests for                  reconsideration.
                                                   (d) Certain fees may be assessed for                 records when the person requesting the                SUMMARY:  In this Order, the Federal
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                                                processing requests under this subpart                  records can demonstrate a compelling                  Communications Commission
                                                as prescribed in subpart F of this part.                need.                                                 (Commission) dismisses the petition for
                                                ■ 9. Amend § 503.32 by revising                         *       *    *     *     *                            reconsideration (Petition) of the Second
                                                paragraphs (a)(1), (a)(3)(i)(B), (a)(3)(ii),               (4) The Secretary shall determine                  Report and Order filed by Voice on the
                                                (d), and (e)(1) and (4) and adding                      whether to provide expedited                          Net Coalition (Petitioner), seeking
                                                paragraphs (b)(4) and (5) to read as                    processing, and provide notice of the                 reconsideration of the Commission’s
                                                follows:                                                determination to the person making the                decision to extend international traffic


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                                                52642            Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

                                                and revenue reporting requirements to                   NATIONAL AERONAUTICS AND                              The fact that Government employees
                                                entities providing international calling                SPACE ADMINISTRATION                                  may not be at a NASA facility is not an
                                                service via Voice over Internet Protocol                                                                      automatic reason for contractor
                                                (VoIP) connected to the public switched                 48 CFR Parts 1842 and 1852                            personnel not to be required to be
                                                telephone network (PSTN), and                           RIN 2700–AE14                                         present at their required NASA
                                                requiring submarine cable landing                                                                             workspace on a NASA facility. Unless a
                                                licensees to file reports identifying                   NASA Federal Acquisition Regulation                   contractor is denied access to the NASA
                                                capacity they own or lease on each                      Supplement: Denied Access to NASA                     facility, contractors are expected to
                                                submarine cable. The Petition relies on                 Facilities (2015–N002)                                perform in accordance with their
                                                facts and arguments that do not meet the                                                                      contractual requirements. This NFS
                                                requirements of the Commission’s rules                  AGENCY:  National Aeronautics and                     change provides clarity and information
                                                and the Petition plainly does not                       Space Administration.                                 beneficial to NASA contractors that are
                                                warrant consideration by the                            ACTION: Final rule.                                   denied access to a NASA facility when
                                                Commission.                                                                                                   a NASA facility is closed to all
                                                                                                        SUMMARY:    NASA is issuing a final rule              personnel. Specifically, the change
                                                DATES:   September 1, 2015.                             amending the NASA Federal                             deletes the prescription at NFS
                                                                                                        Acquisition Regulation Supplement                     1842.7001, Observance of Legal
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        (NFS) to delete the observance of legal               Holidays, in its entirety, and clause
                                                David Krech, Policy Division,
                                                                                                        holidays clause with its alternates and               1852.242–72, Observance of Legal
                                                International Bureau at 202–418–7443;
                                                                                                        replace it with a new clause that                     Holidays, with alternates, and replaces
                                                or Veronica Garcia-Ulloa, Policy
                                                                                                        prescribes conditions and procedures                  it with the prescription at NFS
                                                Division, International Bureau at 202–
                                                                                                        pertaining to the closure of NASA                     1842.7001 Denied Access to NASA
                                                418–0481.
                                                                                                        facilities.                                           Facilities and clause 1852.242–72,
                                                SUPPLEMENTARY INFORMATION:      This is a                                                                     Denied Access to NASA Facilities,
                                                                                                        DATES:   Effective: October 1, 2015.
                                                summary of the Commission’s Order                                                                             respectively. The clause would be
                                                dismissing the petition for                             FOR FURTHER INFORMATION CONTACT:
                                                                                                        Andrew O’Rourke, NASA Office of                       included in solicitations and contracts
                                                reconsideration, DA 15–711, adopted                                                                           where contractor personnel would be
                                                and released on June 17, 2015. Under                    Procurement, Contract and Grant Policy
                                                                                                        Division, 202–358–4560, email:                        required to work onsite at a NASA
                                                the Commission’s rules, petitions for                                                                         facility.
                                                reconsideration that rely on facts or                   andrew.orourke@nasa.gov.
                                                arguments that have not previously been                 SUPPLEMENTARY INFORMATION:                            II. Discussion and Analysis
                                                presented to the Commission will be                     I. Background                                            NASA published a proposed rule in
                                                considered only under certain limited                                                                         the Federal Register on May 13, 2015
                                                circumstances and may be dismissed by                      A proposed rule was published on
                                                                                                                                                              (80 FR 27278). The sixty-day public
                                                the relevant bureau if they do not meet                 May 13, 2015 (80 FR 27278) to delete
                                                                                                                                                              comment period expired on July 13,
                                                those circumstances. The Petition relies                NASA FAR Supplement (NFS) clause
                                                                                                                                                              2015. NASA received comments from
                                                on facts and arguments that do not meet                 1852.242–72, Observance of Legal
                                                                                                                                                              one respondent. NASA reviewed the
                                                the requirements of § 1.429(b)(1)                       Holidays with its alternates and replace
                                                                                                                                                              respondent’s comments in the formation
                                                through (3) of the Commission’s rules.                  it with a new clause that prescribes
                                                                                                                                                              of the final rule. No revisions to the
                                                Petitioner previously could have                        conditions and procedures pertaining to
                                                                                                                                                              proposed rule were made as a result of
                                                presented these facts and arguments to                  the closure of NASA facilities. NFS
                                                                                                                                                              the public comments received. A
                                                the Commission in response to the                       clause 1852.242–72, Observance of
                                                                                                                                                              discussion of the comments is provided
                                                Further Notice of Proposed Rulemaking                   Legal Holidays with its alternates, was
                                                                                                                                                              as follows:
                                                in this proceeding, but did not present.                included in Agency contracts where
                                                Accordingly, pursuant to § 1.429(l) of                  contractor performance was to be                      A. Retain Existing Language
                                                the Commission’s rules, the Petition                    performed on a NASA facility. It was                    Comment: The respondent submitted
                                                plainly does not warrant consideration                  intended to identify dates that                       a comment indicating that it was in the
                                                by the Commission. The Order on                         Government employees would not be                     best interest of both NASA and NASA
                                                Reconsideration is available for                        available and provide notification to                 contractors to retain the language of 48
                                                inspection and copying during normal                    contractors of those dates considering                CFR parts 1842 and 1852 as it currently
                                                business hours in the FCC Reference                     that the absence of Government                        exists.
                                                Center, 445 12th Street SW.,                            employees might impact contractor                       Response: NASA disagrees with
                                                Washington, DC 20554. The document                      performance or contractor access to                   retaining the existing NFS clause. As
                                                is also available for download over the                 NASA facilities. Further, the same                    stated in the proposed rule, there was a
                                                Internet at http://transition.fcc.gov/                  clause has two alternates, the first                  need for NASA to be more specific
                                                Daily_Releases/Daily_Business/2015/                     addresses contractors who are denied                  when contractor employees may be
                                                db0617/DA-15-711A1.pdf. The                             access to NASA workspaces within a                    denied access to NASA workspaces or
                                                Commission will not send a copy of this                 NASA facility and the second addresses                the entire NASA facility. This revision
                                                Order pursuant to the Congressional                     other instances, such as weather and                  to the NFS provides this clarity with
                                                Review Act, 5 U.S.C. 801(a)(1)(A),                      safety emergencies, which could result                information that is beneficial to both the
                                                because this Order does not have an                     in contractors being denied access to the             Government and NASA contractors who
                                                impact on any rules of particular                       entire NASA facility. Recent events,                  are denied access to a NASA facility
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                                                applicability.                                          especially the Government shut-down                   when that facility is closed to all
                                                                                                        during October 2013, have revealed a                  personnel.
                                                  Federal Communications Commission.                    need for NASA to be more specific and
                                                Nese Guendelsberger,                                    to differentiate between these two                    B. Revised Language is Less Clear
                                                Deputy Chief, International Bureau.                     conditions when contractor employees                    Comment: The respondent submitted
                                                [FR Doc. 2015–21091 Filed 8–31–15; 8:45 am]             may be denied access to NASA                          a comment stating that the revised
                                                BILLING CODE 6712–01–P                                  workspaces or the entire NASA facility.               language in the proposed rule is actually


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Document Created: 2018-02-26 10:04:47
Document Modified: 2018-02-26 10:04:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; petition for reconsideration.
DatesSeptember 1, 2015.
ContactDavid Krech, Policy Division, International Bureau at 202-418-7443; or Veronica Garcia-Ulloa, Policy Division, International Bureau at 202-418-0481.
FR Citation80 FR 52641 

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