80_FR_59896 80 FR 59705 - Wireline Competition Bureau Further Extends Comment Deadlines in Special Access Proceeding

80 FR 59705 - Wireline Competition Bureau Further Extends Comment Deadlines in Special Access Proceeding

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59705-59706
FR Document2015-25048

In this document, the Federal Communications Commission's (Commission's) Wireline Competition Bureau (Bureau) further extends the deadlines for interested parties to submit comments and reply comments in response to Section IV.B of the Further Notice of Proposed Rulemaking (Special Access FNPRM), in the special access proceeding.

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Proposed Rules]
[Pages 59705-59706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25048]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 69

[WC Docket No. 05-25, RM-10593; DA 15-1037]


Wireline Competition Bureau Further Extends Comment Deadlines in 
Special Access Proceeding

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of comment and reply deadlines.

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

SUMMARY: In this document, the Federal Communications Commission's 
(Commission's) Wireline Competition Bureau (Bureau) further extends the 
deadlines for interested parties to submit comments and reply comments 
in response to Section IV.B of the Further Notice of Proposed 
Rulemaking (Special Access FNPRM), in the special access proceeding.

DATES: The comment period for the proposed rule published January 11, 
2013 (78 FR 2600), has been further extended. Comments are due on or 
before November 20, 2015; reply comments are due on or before December 
11, 2015.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Christopher Koves, Pricing Policy 
Division, Wireline Competition Bureau, 202-418-8209 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, WC Docket No. 05-25, RM-10593, DA 15-1037, released September 
17, 2015. This document does not contain information collection(s) 
subject to the Paperwork Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, it does not contain any new or modified 
``information collection burden[s] for small business concerns with 
fewer than 25 employees,'' pursuant to the Small Business Paperwork 
Relief Act of 2002. The full text of this document may be downloaded at 
the following Internet address: https://apps.fcc.gov/edocs_public/attachmatch/DA-15-1037A1.docx. The complete text may be purchased from 
Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, 
Washington, DC 20554. To request alternative formats for persons with 
disabilities (e.g., accessible format documents, sign language, 
interpreters, CARTS, etc.), send an email to [email protected] or call the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
or (202) 418-0432 (TTY).

Background

    On September 17, 2015, the Bureau released a public notice 
extending the deadlines for filing comments and reply comments in 
response to Section IV.B of the Special Access FNRPM, 78 FR 2600, 
January 11, 2013, in the Commission's special access rulemaking 
proceeding until November 20, 2015 and December 11, 2015, respectively. 
Previous comment period extensions have been published in the Federal 
Register. The latest comment period extension was published in the 
Federal Register on July 14, 2015 (80 FR 40956), to extend the comment 
and reply comment deadlines to September 25, 2015 and October 16, 2015, 
respectively. On December 11, 2012, the Commission adopted an order 
requiring providers and purchasers of special access service and 
certain entities providing ``best efforts'' service to submit data and 
information for a comprehensive evaluation of the special access 
market. In Section IV.B of the Special Access FNPRM accompanying that 
order, the Commission sought comment on possible changes to its rules 
for the special access services provided by incumbent local exchange 
carriers in price cap areas. The Commission set the comment deadlines 
on this portion of the Special Access FNPRM several months after its 
release, in order to give

[[Page 59706]]

interested parties an opportunity to review the information collected 
before filing comments. The Bureau subsequently extended the comment 
deadlines since the data was not yet available. For similar reasons, 
the Bureau hereby further extends the comment and reply deadlines. The 
Bureau is initiating the process of allowing access to the data 
collected to authorized parties pursuant to the protective order in 
this proceeding via the NORC Data Enclave[supreg]. Interested parties 
will not, however, have adequate time to access and review the 
information collected prior to the current September 25 and October 16, 
2015 comment and reply comment deadlines. To provide sufficient time 
for interested parties to access and review the information collected, 
the Bureau hereby extends the deadline for filing comments to November 
20, 2015, and reply comments to December 11, 2015.

Federal Communications Commission.
Pamela Arluk,
Chief, Pricing Policy Division, Wireline Competition Bureau.
[FR Doc. 2015-25048 Filed 10-1-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                                               Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules                                         59705

                                                      commenting on this action should do so                  SUPPLEMENTARY INFORMATION:      This is a             202–418–8209 or Christopher.Koves@
                                                      at this time. Please note that if EPA                   summary of Commission’s document,                     fcc.gov.
                                                      receives adverse comment on part of                     Report No. 3029, released September 22,               SUPPLEMENTARY INFORMATION:       This is a
                                                      this rule and if that part can be severed               2015. The full text of the Petitions is               summary of the Commission’s
                                                      from the remainder of the rule, EPA may                 available for viewing and copying in                  document, WC Docket No. 05–25, RM–
                                                      adopt as final those parts of the rule that             Room CY–B402, 445 12th Street SW.,                    10593, DA 15–1037, released September
                                                      are not the subject of an adverse                       Washington, DC or may be accessed                     17, 2015. This document does not
                                                      comment. For additional information,                    online via the Commission’s Electronic                contain information collection(s) subject
                                                      see the direct final rule which is located              Comment Filing System at http://                      to the Paperwork Act of 1995 (PRA),
                                                      in the rules section of this Federal                    apps.fcc.gov/ecfs/. The Commission will               Public Law 104–13. In addition,
                                                      Register.                                               not send a copy of this Notice pursuant               therefore, it does not contain any new
                                                                                                              to the Congressional Review Act, 5                    or modified ‘‘information collection
                                                      List of Subjects in 40 CFR Part 52
                                                                                                              U.S.C. 801(a)(1)(A) because this notice               burden[s] for small business concerns
                                                        Environmental protection, Air                         does not have an impact on any rules of
                                                      pollution control, Carbon monoxide,                                                                           with fewer than 25 employees,’’
                                                                                                              particular applicability.                             pursuant to the Small Business
                                                      Incorporation by reference,                               Subject: Commercial Operations in
                                                      Intergovernmental relations, Lead,                                                                            Paperwork Relief Act of 2002. The full
                                                                                                              the 3550–3650 MHz Band, published at                  text of this document may be
                                                      Nitrogen dioxide, Ozone, Particulate                    80 FR 36163, June 23, 2015, in GN
                                                      matter, Reporting and recordkeeping                                                                           downloaded at the following Internet
                                                                                                              Docket 12–354, and published pursuant                 address: https://apps.fcc.gov/edocs_
                                                      requirements, Sulfur oxides, Volatile                   to 47 CFR 1.429(e). See also § 1.4(b)(1)
                                                      organic compounds.                                                                                            public/attachmatch/DA-15-
                                                                                                              of the Commission’s rules.                            1037A1.docx. The complete text may be
                                                       Dated: September 21, 2015.                               Number of Petitions Filed: 8.                       purchased from Best Copy and Printing,
                                                      Mark Hague,                                             Federal Communications Commission.                    Inc., 445 12th Street SW., Room CY–
                                                      Acting Regional Administrator, Region 7.                Marlene H. Dortch,                                    B402, Washington, DC 20554. To
                                                      [FR Doc. 2015–25038 Filed 10–1–15; 8:45 am]             Secretary.                                            request alternative formats for persons
                                                      BILLING CODE 6560–50–P                                  [FR Doc. 2015–25001 Filed 10–1–15; 8:45 am]           with disabilities (e.g., accessible format
                                                                                                              BILLING CODE 6712–01–P                                documents, sign language, interpreters,
                                                                                                                                                                    CARTS, etc.), send an email to fcc504@
                                                      FEDERAL COMMUNICATIONS                                                                                        fcc.gov or call the Commission’s
                                                      COMMISSION                                              FEDERAL COMMUNICATIONS                                Consumer and Governmental Affairs
                                                                                                              COMMISSION                                            Bureau at (202) 418–0530 or (202) 418–
                                                      47 CFR Part 54                                                                                                0432 (TTY).
                                                                                                              47 CFR Part 69
                                                      [GN Docket No. 12–354; Report No. 3029]                                                                       Background
                                                                                                              [WC Docket No. 05–25, RM–10593; DA 15–
                                                      Petitions for Reconsideration of Action                 1037]                                                    On September 17, 2015, the Bureau
                                                      in Rulemaking Proceeding                                                                                      released a public notice extending the
                                                                                                              Wireline Competition Bureau Further                   deadlines for filing comments and reply
                                                      AGENCY:  Federal Communications                         Extends Comment Deadlines in                          comments in response to Section IV.B of
                                                      Commission.                                             Special Access Proceeding                             the Special Access FNRPM, 78 FR 2600,
                                                      ACTION: Petition for reconsideration.                                                                         January 11, 2013, in the Commission’s
                                                                                                              AGENCY:  Federal Communications                       special access rulemaking proceeding
                                                      SUMMARY:     Petitions for Reconsideration              Commission.                                           until November 20, 2015 and December
                                                      (Petitions) have been filed in the                      ACTION: Proposed rule; extension of                   11, 2015, respectively. Previous
                                                      Commission’s Rulemaking proceeding                      comment and reply deadlines.                          comment period extensions have been
                                                      by Bruce Oberlies, on behalf of Wireless                                                                      published in the Federal Register. The
                                                      Innovation Forum; Jon M. Peha on                        SUMMARY:  In this document, the Federal               latest comment period extension was
                                                      behalf of Jon M. Peha; Chuck Powers, on                 Communications Commission’s                           published in the Federal Register on
                                                      behalf of Motorola Solutions, Inc.; Brian               (Commission’s) Wireline Competition                   July 14, 2015 (80 FR 40956), to extend
                                                      M. Josef, on behalf of CTIA–THE                         Bureau (Bureau) further extends the                   the comment and reply comment
                                                      WIRELESS ASSOCIATION; John T.                           deadlines for interested parties to                   deadlines to September 25, 2015 and
                                                      Scott, III, on behalf of Verizon; Tom                   submit comments and reply comments                    October 16, 2015, respectively. On
                                                      Stroup, on behalf of Satellite Industry                 in response to Section IV.B of the                    December 11, 2012, the Commission
                                                      Association; Rick Kaplan, on behalf of                  Further Notice of Proposed Rulemaking                 adopted an order requiring providers
                                                      NATIONAL ASSOCIATION OF                                 (Special Access FNPRM), in the special                and purchasers of special access service
                                                      BROADCASTERS; and Brian Hendricks,                      access proceeding.                                    and certain entities providing ‘‘best
                                                      on behalf of Nokia Networks (D/B/A                      DATES: The comment period for the                     efforts’’ service to submit data and
                                                      Nokia Solutions and Network US LLC).                    proposed rule published January 11,                   information for a comprehensive
                                                      DATES: Oppositions to the Petitions                     2013 (78 FR 2600), has been further                   evaluation of the special access market.
                                                      must be filed on or before October 19,                  extended. Comments are due on or                      In Section IV.B of the Special Access
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      2015. Replies to an opposition must be                  before November 20, 2015; reply                       FNPRM accompanying that order, the
                                                      filed on or before October 13, 2015.                    comments are due on or before                         Commission sought comment on
                                                      ADDRESSES: Federal Communications                       December 11, 2015.                                    possible changes to its rules for the
                                                      Commission, 445 12th Street SW.,                        ADDRESSES: Federal Communications                     special access services provided by
                                                      Washington, DC 20554.                                   Commission, 445 12th Street SW.,                      incumbent local exchange carriers in
                                                      FOR FURTHER INFORMATION CONTACT: Paul                   Washington, DC 20554.                                 price cap areas. The Commission set the
                                                      Powell, Wireless Telecommunications                     FOR FURTHER INFORMATION CONTACT:                      comment deadlines on this portion of
                                                      Bureau, (202) 418–1613, email:                          Christopher Koves, Pricing Policy                     the Special Access FNPRM several
                                                      paul.powell@fcc.gov.                                    Division, Wireline Competition Bureau,                months after its release, in order to give


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                                                      59706                    Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Proposed Rules

                                                      interested parties an opportunity to                    ADDRESSES:    You may submit comments,                Synopsis
                                                      review the information collected before                 identified by MB Docket No. 15–216, by                I. Introduction
                                                      filing comments. The Bureau                             any of the following methods:
                                                      subsequently extended the comment                                                                                1. By this Notice of Proposed
                                                                                                                 • Federal eRulemaking Portal: http://              Rulemaking (NPRM), as directed by
                                                      deadlines since the data was not yet                    www.regulations.gov. Follow the
                                                      available. For similar reasons, the                                                                           Section 103(c) of the STELA
                                                                                                              instructions for submitting comments.                 Reauthorization Act of 2014
                                                      Bureau hereby further extends the
                                                                                                                 • Federal Communications                           (‘‘STELAR’’),1 we review the totality of
                                                      comment and reply deadlines. The
                                                                                                              Commission’s Web site: http://                        the circumstances test for evaluating
                                                      Bureau is initiating the process of
                                                                                                              fjallfoss.fcc.gov/ecfs2/. Follow the                  whether broadcast stations and
                                                      allowing access to the data collected to
                                                                                                              instructions for submitting comments.                 multichannel video programming
                                                      authorized parties pursuant to the
                                                      protective order in this proceeding via                    • Mail: Filings can be sent by hand or             distributors (‘‘MVPDs’’) are negotiating
                                                      the NORC Data Enclave®. Interested                      messenger delivery, by commercial                     for retransmission consent in good faith.
                                                      parties will not, however, have adequate                overnight courier, or by first-class or               The Communications Act of 1934, as
                                                      time to access and review the                           overnight U.S. Postal Service mail. All               amended (the ‘‘Act’’), prohibits cable
                                                      information collected prior to the                      filings must be addressed to the                      systems and other MVPDs from
                                                      current September 25 and October 16,                    Commission’s Secretary, Office of the                 retransmitting a broadcast station’s
                                                      2015 comment and reply comment                          Secretary, Federal Communications                     signal without the station’s express
                                                      deadlines. To provide sufficient time for               Commission.                                           consent.2 This consent is known as
                                                                                                                                                                    ‘‘retransmission consent.’’ The Act and
                                                      interested parties to access and review                    • People with Disabilities: Contact the
                                                                                                                                                                    the Commission’s implementing rules
                                                      the information collected, the Bureau                   FCC to request reasonable
                                                                                                                                                                    require broadcasters and MVPDs to
                                                      hereby extends the deadline for filing                  accommodations (accessible format
                                                                                                                                                                    negotiate for retransmission consent in
                                                      comments to November 20, 2015, and                      documents, sign language interpreters,
                                                                                                                                                                    good faith.3 The Commission has
                                                      reply comments to December 11, 2015.                    CART, etc.) by email: FCC504@fcc.gov
                                                                                                                                                                    adopted a two-part framework for
                                                      Federal Communications Commission.                      or phone: (202) 418–0530 or TTY: (202)                evaluating good faith in this context.
                                                      Pamela Arluk,                                           418–0432.                                             First, the Commission has established a
                                                      Chief, Pricing Policy Division, Wireline                   For detailed instructions for                      list of objective good faith negotiation
                                                      Competition Bureau.                                     submitting comments and additional                    standards, the violation of which is
                                                      [FR Doc. 2015–25048 Filed 10–1–15; 8:45 am]             information on the rulemaking process,                considered a per se breach of the good
                                                      BILLING CODE 6712–01–P
                                                                                                              see the SUPPLEMENTARY INFORMATION                     faith negotiation obligation.4 Second,
                                                                                                              section of this document.                             even if the specific per se standards are
                                                                                                              FOR FURTHER INFORMATION CONTACT:  For                 met, the Commission may consider
                                                      FEDERAL COMMUNICATIONS                                  additional information on this                        whether, based on the totality of the
                                                      COMMISSION                                              proceeding, contact Diana Sokolow or                  circumstances, a party has failed to
                                                                                                              Raelynn Remy of the Policy Division,                  negotiate retransmission consent in
                                                      47 CFR Part 76                                                                                                good faith.5 In accordance with Section
                                                                                                              Media Bureau at (202) 418–2120 or
                                                                                                              Diana.Sokolow@fcc.gov;                                103(c) of STELAR, which contemplates
                                                      [MB Docket No. 15–216; FCC 15–109]                      Raelynn.Remy@fcc.gov.                                 that the Commission will conduct a
                                                                                                                                                                    ‘‘robust examination’’ of practices used
                                                      Implementation of Section 103 of the                    SUPPLEMENTARY INFORMATION:       This is a            by parties in retransmission consent
                                                      STELA Reauthorization Act of 2014,                      summary of the Commission’s Notice of                 negotiations,6 we adopt this NPRM and
                                                      Totality of the Circumstances Test                      Proposed Rulemaking, FCC 15–109,                      seek comment on potential updates to
                                                                                                              adopted and released on September 2,                  the totality of the circumstances test.
                                                      AGENCY:Federal Communications                           2015. The full text is available for public
                                                      Commission.                                             inspection and copying during regular
                                                                                                              business hours in the FCC Reference                   II. Background
                                                      ACTION:   Proposed rule.
                                                                                                              Center, Federal Communications
                                                                                                                                                                       2. Congress created the retransmission
                                                                                                              Commission, 445 12th Street SW., Room
                                                      SUMMARY:   In this document, the                                                                              consent regime in 1992 ‘‘to establish a
                                                                                                              CY–A257, Washington, DC 20554. This
                                                      Commission seeks comment on                                                                                   marketplace for the disposition of the
                                                                                                              document will also be available via
                                                      potential updates to the ‘‘totality of the                                                                    rights to retransmit broadcast signals,’’
                                                                                                              ECFS at http://fjallfoss.fcc.gov/ecfs/.
                                                      circumstances test’’ for evaluating                                                                           but not ‘‘to dictate the outcome of the
                                                                                                              Documents will be available
                                                      whether broadcast stations and                                                                                ensuing marketplace negotiations.’’ 7
                                                                                                              electronically in ASCII, Microsoft Word,
                                                      multichannel video programming                                                                                Later, Congress adopted good faith
                                                                                                              and/or Adobe Acrobat. The complete
                                                      distributors (‘‘MVPDs’’) are negotiating
                                                                                                              text may be purchased from the
                                                      for retransmission consent in good faith.                                                                        1 Congress directed the Commission to
                                                                                                              Commission’s copy contractor, 445 12th                ‘‘commence a rulemaking to review its totality of
                                                      The document seeks comment generally
                                                                                                              Street SW., Room CY–B402,                             the circumstances test for good faith negotiations’’
                                                      on the totality of the circumstances test,                                                                    by September 4, 2015. See Public Law 113–200,
                                                                                                              Washington, DC 20554. Alternative
                                                      including whether and how the                                                                                 103(c), 128 Stat. 2059 (2014).
                                                                                                              formats are available for people with
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Commission should update that test.                                                                              2 47 U.S.C. 325(b)(1)(A).
                                                                                                              disabilities (Braille, large print,
                                                      The document also seeks comment on                                                                               3 Id. 325(b)(3)(C)(ii), (iii); 47 CFR 76.65.
                                                                                                              electronic files, audio format), by                      4 See 47 CFR 76.65(b)(1).
                                                      whether there are specific practices that
                                                                                                              sending an email to fcc504@fcc.gov or                    5 See id. 76.65(b)(2).
                                                      the Commission should identify as
                                                                                                              calling the Commission’s Consumer and                    6 See Report from the Senate Committee on
                                                      evidencing bad faith under the totality
                                                                                                              Governmental Affairs Bureau at (202)                  Commerce, Science, and Transportation
                                                      of the circumstances test.                                                                                    accompanying S. 2799, 113th Cong., S. Rep. No.
                                                                                                              418–0530 (voice), (202) 418–0432
                                                                                                                                                                    113–322 at 13 (2014) (‘‘Senate Commerce
                                                      DATES: Comments are due on or before                    (TTY). This document contains no                      Committee Report’’).
                                                      December 1, 2015; reply comments are                    proposed information collection                          7 S. Rep. No. 92, 102nd Cong., 1st Sess. (1991),

                                                      due on or before December 31, 2015.                     requirements.                                         reprinted in 1992 U.S.C.C.A.N. 1133, 1169.



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Document Created: 2015-12-15 08:45:11
Document Modified: 2015-12-15 08:45:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; extension of comment and reply deadlines.
DatesThe comment period for the proposed rule published January 11, 2013 (78 FR 2600), has been further extended. Comments are due on or before November 20, 2015; reply comments are due on or before December 11, 2015.
ContactChristopher Koves, Pricing Policy Division, Wireline Competition Bureau, 202-418-8209 or [email protected]
FR Citation80 FR 59705 

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