81_FR_11543 81 FR 11500 - International Settlements Policy Reform

81 FR 11500 - International Settlements Policy Reform

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11500-11502
FR Document2016-04837

In this document, based on recent State Department guidance, the Federal Communications Commission (Commission) proposes to remove the nondiscrimination prong of the International Settlements Policy (ISP) on the U.S.-Cuba route and the nondiscrimination requirement condition placed on the waiver of benchmark settlements for the U.S.- Cuba route by the TeleCuba Waiver Order. Removal of these nondiscrimination requirements would allow U.S. carriers to enter into individualized contracts with the Cuban carrier.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11500-11502]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04837]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[IB Docket Nos. 11-80, 10-95, 05-254, RM-11322; FCC 16-13]


International Settlements Policy Reform

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, based on recent State Department guidance, 
the Federal Communications Commission (Commission) proposes to remove 
the nondiscrimination prong of the International Settlements Policy 
(ISP) on the U.S.-Cuba route and the nondiscrimination requirement 
condition placed on the waiver of benchmark settlements for the U.S.-
Cuba route by the TeleCuba Waiver Order. Removal of these 
nondiscrimination requirements would allow U.S. carriers to enter into 
individualized contracts with the Cuban carrier.

DATES: Submit comments on or before April 4, 2016, and replies on or 
before April 18, 2016.

ADDRESSES: You may submit comments, identified by Docket Nos. 11-80, 
10-95, 05-254 and RM-11322, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's ECFS Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email to [email protected], phone: 202-418-
0530 (voice), tty: 202-418-0432.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: David Krech or Jodi Cooper, 
Telecommunications and Analysis Division, International Bureau, FCC, 
(202) 418-1480 or via email to [email protected], 
[email protected]. On PRA matters, contact Cathy Williams, Office of 
the Managing Director, FCC, (202) 418-2918 or via email to 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking in IB Docket Nos. 11-80, 10-95, 
05-254 and RM-11322, FCC 16-13, adopted on February 10, 2016 and 
released on February 12, 2016. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. 
The document also is available for download over the Internet at 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-13A1.pdf.

Comment Filing Procedures

    Pursuant to Sec. Sec.  1.415, 1.419, interested parties may file 
comments and reply comments on or before the dates indicated above. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's ECFS Web site at 
http://apps.fcc.gov/ecfs/.
     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.
     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.
     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.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.

Summary of Further Notice of Proposed Rulemaking

    1. The Further Notice of Proposed Rulemaking (FNPRM) proposes to 
remove the nondiscrimination

[[Page 11501]]

requirements from the U.S.-Cuba route. Recent policy guidance from the 
U.S. Department of State (State Department) recommends that the 
Commission discontinue application of the nondiscrimination 
requirements on the U.S.-Cuba route in light of the changes in U.S.-
Cuba relations. See Modification of Process Regarding the Licensing of 
Telecommunications Services Between the United States and Cuba, Public 
Notice, 30 FCC Rcd 12458 (IB 2015) (2015 Cuba Public Notice). 
Currently, under Commission policy and rules, the terms and conditions 
of any operating agreement to provide facilities-based switched voice 
service on the U.S.-Cuba route between a U.S. carrier and a carrier 
with market power in Cuba must be identical to the equivalent terms and 
conditions in the agreement of any other U.S. carrier providing the 
same or similar service between the United States and Cuba. The FNPRM 
seeks comment on the State Department's recommendation for removal of 
the nondiscrimination requirements based on the changes in U.S.-Cuba 
relations and whether such a Commission action would serve the public 
interest. Specifically, the FNPRM seeks comment on removing (1) the 
nondiscrimination prong of the International Settlements Policy (ISP), 
as codified in 47 CFR 63.22(f), and (2) the nondiscrimination 
requirement condition placed on the waiver of benchmark settlements by 
the TeleCuba Waiver Order. See IConnect Wholesale, Inc., d/b/a 
TeleCuba; Petition for Waiver of the International Settlements Policy 
and Benchmark Rate for Facilities-Based Telecommunications Services 
with Cuba, Memorandum Opinion and Order, 26 FCC Rcd 5217, 5228, para. 
31 (IB 2011) (TeleCuba Waiver Order).
    2. The FNPRM seeks comment on whether removal of these 
nondiscrimination requirements would serve the public interest, for 
example, by leading to more direct agreements between U.S. carriers and 
the Cuban carrier, ETECSA. In the 2012 ISP Reform Order, 78 FR 11109 
(Feb. 15, 2013), the Commission found that removal of the ISP on all 
routes (except the nondiscrimination prong on the U.S.-Cuba route) 
would provide U.S. carriers greater flexibility to negotiate lower 
settlement rates. See International Settlement Policy Reform et al., 
Report and Order, 27 FCC Rcd 15521 (2012) (2012 ISP Reform Order). Do 
commenters agree that circumstances have now changed sufficiently with 
respect to Cuba to anticipate that the removal of the nondiscrimination 
prong of the ISP on the U.S.-Cuba route will provide similar 
opportunities? More generally, comment is sought on whether removal of 
these nondiscrimination requirements may encourage competition on the 
U.S.-Cuba route. Would the ability of U.S. carriers to negotiate 
individualized operating agreements with ETECSA give U.S. carriers the 
ability to negotiate lower rates? Are there any concerns that removal 
of our nondiscrimination requirements would cause discrimination or 
threats of discrimination or other anticompetitive actions against U.S. 
carriers as a strategy to obtain pricing concessions regarding the 
exchange of traffic between the United States and Cuba?
    3. The FNPRM observes that the operation of the current benchmark 
settlement rate for telecommunications services between the United 
States and Cuba--which we are not proposing to change--will continue to 
provide a safeguard against anticompetitive actions against U.S. 
carriers. (The State Department recommends that the Commission continue 
to apply the benchmarks settlement policy on the U.S.-Cuba route, but 
continue to allow waivers of limited duration. See 2015 Cuba Public 
Notice, 30 FCC Rcd at 12461.) Although carriers may still obtain 
operating agreements above the benchmark rate, such agreements would 
require Commission grant of a waiver of the benchmark rate before they 
could go into effect, and, in considering the waiver, the Commission 
would have the opportunity to assess on a case-by-case basis whether 
allowing an above benchmark settlement rate without the protections of 
a nondiscrimination rule (with or without conditions) would serve the 
public interest. Comment is sought on these observations.
    4. Currently, any agreement with ETECSA is routinely made available 
for public inspection under the nondiscrimination requirement condition 
placed on the waiver of the benchmark settlements in the TeleCuba 
Waiver Order. TeleCuba Waiver Order, 26 FCC Rcd at 5228, para. 31. The 
FPRM seeks comment on whether, if the Commission is to remove the 
nondiscrimination requirement in the TeleCuba Waiver Order, it also 
should no longer consider operating agreements between a U.S. carrier 
and ETECSA to be routinely available for public inspection. In that 
waiver order, the International Bureau adopted other conditions that it 
believed would help ``balance the policy goals of reestablishing direct 
telecommunications links with Cuba by U.S. carriers with promoting 
competition and lower international calling rates for services to Cuba, 
as well as other international routes.'' TeleCuba Waiver Order, 26 FCC 
Rcd at 5222, para. 15. Commenters may address whether it would serve 
the public interest to reevaluate other conditions adopted in the 
TeleCuba Waiver Order in light of the proposed changes. Finally, the 
FNPRM seeks comment on whether there are other actions the Commission 
should take involving the U.S.-Cuba route to facilitate the provision 
of service between the United States and Cuba.

Initial Paperwork Reduction Act of 1995 Analysis

    5. The Further Notice does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
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.\1\
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    \1\ Public Law 107-198, 116 Stat. 729 (2002); see 44 U.S.C. 3506 
(c)(4).
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Initial Regulatory Flexibility Certification

    6. The Regulatory Flexibility Act of 1980, as amended (RFA),\2\ 
requires that an initial regulatory flexibility analysis be prepared 
for notice-and-comment rule making proceedings, unless the agency 
certifies that ``the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' \3\ The 
RFA generally defines the term ``small entity'' as having the same 
meaning as the terms ``small business,'' ``small organization,'' and 
``small governmental jurisdiction.'' \4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field

[[Page 11502]]

of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (SBA).
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    \2\ See 5 U.S.C. 603. The RFA, 5 U.S.C. 2002); Sec. 601-612, has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 847, 
857 (1996).
    \3\ 5 U.S.C. 605(b).
    \4\ 5 U.S.C. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definitions(s) in the Federal 
Register''.
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    7. The Commission has licensed facilities-based telecommunications 
between the United States and Cuba based on policy guidance from the 
State due to the unique relationship between the United States and 
Cuba. The State Department has recently provided new guidance that 
recommends that the Commission remove the nondiscrimination 
requirements placed on the U.S.-Cuba route.
    8. In this Further Notice, the Commission seeks comment on 
proposals to remove the nondiscrimination requirements for the 
provision of telecommunications services between the United States and 
Cuba. We seek comment on whether, if we are to remove the 
nondiscrimination requirements, we also should no longer consider 
operating agreements between a U.S. carrier and ETECSA to be routinely 
available for public inspection. The proposals in this Further Notice 
are designed to allow U.S. carriers to negotiate individualized 
operating agreements with ETECSA, the Cuban carrier. Allowing U.S. 
carriers to negotiate individualized operating agreements may lead to 
more U.S. carriers entering into operating agreements with ETECSA, more 
direct connections between the United States and Cuba, and lower 
settlement rates on the U.S.-Cuba route.
    9. The proposals in this Further Notice, if adopted, would not 
change the need for a U.S. carrier to reach an agreement with the Cuban 
carrier and to file the agreement with the Commission. Therefore, these 
rule changes should not have a significant economic impact on any 
carrier. Further, these requirements are only applicable to facilities-
based carriers, which are generally large companies and do not come 
within the definition of small businesses. Consequently, we do not 
believe that the proposals affect a substantial number of small 
businesses. Accordingly, the Commission certifies that the proposed 
rule change will not have a significant economic impact on a 
substantial number of small entities. The Commission will send a copy 
of the Further Notice, including a copy of this Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
SBA. This initial certification will also be published in the Federal 
Register.

Ordering Clauses

    10. IT IS ORDERED that, pursuant to Sections 1, 2, 4(i), 4(j), 201-
205, 208, 211, 214, 303(r), 309, and 403, of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 201-205, 208, 
211, 214, 303(r), 309, and 403, this Further Notice of Proposed 
Rulemaking IS ADOPTED.
    11. IT IS FUTHER ORDERED that NOTICE IS HEREBY GIVEN of the 
proposed regulatory changes to Commission policy and rules described in 
this Further Notice of Proposed Rulemaking and that comment is sought 
on these proposals.
    12. IT IS FURTHER ORDERED that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Further Notice of Proposed Rulemaking, including the 
Initial Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 63

    Communications common carriers, Telecommunications.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 63 as follows:

Proposed Rules

PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, 
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND 
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS

0
1. The authority citation for part 63 continues to read as follows:

    Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218, 
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless 
otherwise noted.


63.22  [Amended].

0
2. In Sec.  63.22 remove and reserve paragraph (f).

[FR Doc. 2016-04837 Filed 3-3-16; 8:45 am]
 BILLING CODE 6712-01-P



                                                    11500                     Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules

                                                    substantial number of small entities                    FEDERAL COMMUNICATIONS                                Notice of Proposed Rulemaking in IB
                                                    under the Regulatory Flexibility Act (5                 COMMISSION                                            Docket Nos. 11–80, 10–95, 05–254 and
                                                    U.S.C. 601 et seq.);                                                                                          RM–11322, FCC 16–13, adopted on
                                                                                                            47 CFR Part 63                                        February 10, 2016 and released on
                                                       • does not contain any unfunded
                                                    mandate or significantly or uniquely                    [IB Docket Nos. 11–80, 10–95, 05–254, RM–             February 12, 2016. The full text of this
                                                                                                            11322; FCC 16–13]                                     document is available for inspection
                                                    affect small governments, as described
                                                                                                                                                                  and copying during normal business
                                                    in the Unfunded Mandates Reform Act
                                                                                                            International Settlements Policy                      hours in the FCC Reference Center, 445
                                                    of 1995 (Pub. L. 104–4);                                                                                      12th Street SW., Washington, DC 20554.
                                                                                                            Reform
                                                       • does not have Federalism                                                                                 The document also is available for
                                                    implications as specified in Executive                  AGENCY:  Federal Communications                       download over the Internet at https://
                                                    Order 13132 (64 FR 43255, August 10,                    Commission.                                           apps.fcc.gov/edocs_public/attachmatch/
                                                    1999);                                                  ACTION: Proposed rule.                                FCC-16-13A1.pdf.
                                                       • is not an economically significant                 SUMMARY:    In this document, based on                Comment Filing Procedures
                                                    regulatory action based on health or                    recent State Department guidance, the                    Pursuant to §§ 1.415, 1.419, interested
                                                    safety risks subject to Executive Order                 Federal Communications Commission                     parties may file comments and reply
                                                    13045 (62 FR 19885, April 23, 1997);                    (Commission) proposes to remove the                   comments on or before the dates
                                                       • is not a significant regulatory action             nondiscrimination prong of the                        indicated above. Comments may be filed
                                                    subject to Executive Order 13211 (66 FR                 International Settlements Policy (ISP)                using the Commission’s Electronic
                                                    28355, May 22, 2001);                                   on the U.S.-Cuba route and the                        Comment Filing System (ECFS). See
                                                                                                            nondiscrimination requirement                         Electronic Filing of Documents in
                                                       • is not subject to requirements of                  condition placed on the waiver of
                                                    Section 12(d) of the National                                                                                 Rulemaking Proceedings, 63 FR 24121
                                                                                                            benchmark settlements for the U.S.-                   (1998).
                                                    Technology Transfer and Advancement                     Cuba route by the TeleCuba Waiver                        • Electronic Filers: Comments may be
                                                    Act of 1995 (15 U.S.C. 272 note) because                Order. Removal of these                               filed electronically using the Internet by
                                                    it does not involve technical standards;                nondiscrimination requirements would                  accessing the Commission’s ECFS Web
                                                    and                                                     allow U.S. carriers to enter into                     site at http://apps.fcc.gov/ecfs/.
                                                       • does not provide the EPA with the                  individualized contracts with the Cuban                  • Paper Filers: Parties who choose to
                                                    discretionary authority to address, as                  carrier.                                              file by paper must file an original and
                                                    appropriate, disproportionate human                     DATES: Submit comments on or before                   one copy of each filing. If more than one
                                                    health or environmental effects, using                  April 4, 2016, and replies on or before               docket or rulemaking number appears in
                                                    practicable and legally permissible                     April 18, 2016.                                       the caption of this proceeding, filers
                                                    methods, under Executive Order 12898                    ADDRESSES: You may submit comments,                   must submit two additional copies for
                                                    (59 FR 7629, February 16, 1994).                        identified by Docket Nos. 11–80, 10–95,               each additional docket or rulemaking
                                                                                                            05–254 and RM–11322, by any of the                    number. Filings can be sent by hand or
                                                       In addition, the SIP is not approved                                                                       messenger delivery, by commercial
                                                    to apply on any Indian reservation land                 following methods:
                                                                                                               • Federal eRulemaking Portal: http://              overnight courier, or by first-class or
                                                    or in any other area where the EPA or                                                                         overnight U.S. Postal Service mail. All
                                                                                                            www.regulations.gov. Follow the
                                                    an Indian tribe has demonstrated that a                                                                       filings must be addressed to the
                                                                                                            instructions for submitting comments.
                                                    tribe has jurisdiction. In those areas of                  • Federal Communications                           Commission’s Secretary, Office of the
                                                    Indian country, the rule does not have                  Commission’s ECFS Web site: http://                   Secretary, Federal Communications
                                                    tribal implications as specified by                     fjallfoss.fcc.gov/ecfs2/. Follow the                  Commission.
                                                    Executive Order 13175 (65 FR 67249,                     instructions for submitting comments.                    • All hand-delivered or messenger-
                                                    November 9, 2000), nor will it impose                      • People With Disabilities: Contact                delivered paper filings for the
                                                    substantial direct costs on tribal                      the FCC to request reasonable                         Commission’s Secretary must be
                                                    governments or preempt tribal law.                      accommodations (accessible format                     delivered to FCC Headquarters at 445
                                                                                                            documents, sign language interpreters,                12th St. SW., Room TW–A325,
                                                    List of Subjects in 40 CFR Part 52                                                                            Washington, DC 20554. The filing hours
                                                                                                            CART, etc.) by email to FCC504@
                                                      Environmental protection, Air                         fcc.gov, phone: 202–418–0530 (voice),                 are 8:00 a.m. to 7:00 p.m. All hand
                                                    pollution control, Incorporation by                     tty: 202–418–0432.                                    deliveries must be held together with
                                                                                                               For detailed instructions on                       rubber bands or fasteners. Any
                                                    reference, Intergovernmental relations,
                                                                                                            submitting comments and additional                    envelopes and boxes must be disposed
                                                    Lead, Nitrogen dioxide, Ozone,
                                                                                                            information on the rulemaking process,                of before entering the building.
                                                    Particulate matter, Reporting and                                                                                • Commercial overnight mail (other
                                                    recordkeeping requirements, Sulfur                      see the SUPPLEMENTARY INFORMATION
                                                                                                            section of this document.                             than U.S. Postal Service Express Mail
                                                    oxides, Volatile organic compounds.                                                                           and Priority Mail) must be sent to 9300
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                       Authority: 42 U.S.C. 7401 et seq.                                                                          East Hampton Drive, Capitol Heights,
                                                                                                            David Krech or Jodi Cooper,
                                                                                                                                                                  MD 20743.
                                                      Dated: February 17, 2016.                             Telecommunications and Analysis                          • U.S. Postal Service first-class,
                                                    Dennis J. McLerran,                                     Division, International Bureau, FCC,                  Express, and Priority mail must be
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Regional Administrator, Region 10.                      (202) 418–1480 or via email to                        addressed to 445 12th Street SW.,
                                                    [FR Doc. 2016–04753 Filed 3–3–16; 8:45 am]
                                                                                                            David.Krech@fcc.gov, Jodi.Cooper@                     Washington DC 20554.
                                                                                                            fcc.gov. On PRA matters, contact Cathy
                                                    BILLING CODE 6560–50–P                                                                                        Summary of Further Notice of Proposed
                                                                                                            Williams, Office of the Managing
                                                                                                            Director, FCC, (202) 418–2918 or via                  Rulemaking
                                                                                                            email to Cathy.Williams@fcc.gov.                        1. The Further Notice of Proposed
                                                                                                            SUPPLEMENTARY INFORMATION: This is a                  Rulemaking (FNPRM) proposes to
                                                                                                            summary of the Commission’s Further                   remove the nondiscrimination


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                                                                              Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules                                                    11501

                                                    requirements from the U.S.-Cuba route.                  provide similar opportunities? More                   calling rates for services to Cuba, as well
                                                    Recent policy guidance from the U.S.                    generally, comment is sought on                       as other international routes.’’ TeleCuba
                                                    Department of State (State Department)                  whether removal of these                              Waiver Order, 26 FCC Rcd at 5222, para.
                                                    recommends that the Commission                          nondiscrimination requirements may                    15. Commenters may address whether it
                                                    discontinue application of the                          encourage competition on the U.S.-Cuba                would serve the public interest to
                                                    nondiscrimination requirements on the                   route. Would the ability of U.S. carriers             reevaluate other conditions adopted in
                                                    U.S.-Cuba route in light of the changes                 to negotiate individualized operating                 the TeleCuba Waiver Order in light of
                                                    in U.S.-Cuba relations. See Modification                agreements with ETECSA give U.S.                      the proposed changes. Finally, the
                                                    of Process Regarding the Licensing of                   carriers the ability to negotiate lower               FNPRM seeks comment on whether
                                                    Telecommunications Services Between                     rates? Are there any concerns that                    there are other actions the Commission
                                                    the United States and Cuba, Public                      removal of our nondiscrimination                      should take involving the U.S.-Cuba
                                                    Notice, 30 FCC Rcd 12458 (IB 2015)                      requirements would cause                              route to facilitate the provision of
                                                    (2015 Cuba Public Notice). Currently,                   discrimination or threats of                          service between the United States and
                                                    under Commission policy and rules, the                  discrimination or other anticompetitive               Cuba.
                                                    terms and conditions of any operating                   actions against U.S. carriers as a strategy
                                                                                                            to obtain pricing concessions regarding               Initial Paperwork Reduction Act of
                                                    agreement to provide facilities-based
                                                                                                            the exchange of traffic between the                   1995 Analysis
                                                    switched voice service on the U.S.-Cuba
                                                    route between a U.S. carrier and a                      United States and Cuba?                                 5. The Further Notice does not
                                                    carrier with market power in Cuba must                     3. The FNPRM observes that the                     contain new or modified information
                                                    be identical to the equivalent terms and                operation of the current benchmark                    collection requirements subject to the
                                                    conditions in the agreement of any other                settlement rate for telecommunications                Paperwork Reduction Act of 1995,
                                                    U.S. carrier providing the same or                      services between the United States and                Public Law 104–13. In addition,
                                                    similar service between the United                      Cuba—which we are not proposing to                    therefore, it does not contain any new
                                                    States and Cuba. The FNPRM seeks                        change—will continue to provide a                     or modified information collection
                                                    comment on the State Department’s                       safeguard against anticompetitive                     burden for small business concerns with
                                                    recommendation for removal of the                       actions against U.S. carriers. (The State             fewer than 25 employees, pursuant to
                                                    nondiscrimination requirements based                    Department recommends that the                        the Small Business Paperwork Relief
                                                    on the changes in U.S.-Cuba relations                   Commission continue to apply the                      Act of 2002.1
                                                    and whether such a Commission action                    benchmarks settlement policy on the
                                                                                                            U.S.-Cuba route, but continue to allow                Initial Regulatory Flexibility
                                                    would serve the public interest.                                                                              Certification
                                                    Specifically, the FNPRM seeks comment                   waivers of limited duration. See 2015
                                                    on removing (1) the nondiscrimination                   Cuba Public Notice, 30 FCC Rcd at                        6. The Regulatory Flexibility Act of
                                                    prong of the International Settlements                  12461.) Although carriers may still                   1980, as amended (RFA),2 requires that
                                                    Policy (ISP), as codified in 47 CFR                     obtain operating agreements above the                 an initial regulatory flexibility analysis
                                                    63.22(f), and (2) the nondiscrimination                 benchmark rate, such agreements would                 be prepared for notice-and-comment
                                                    requirement condition placed on the                     require Commission grant of a waiver of               rule making proceedings, unless the
                                                    waiver of benchmark settlements by the                  the benchmark rate before they could go               agency certifies that ‘‘the rule will not,
                                                    TeleCuba Waiver Order. See IConnect                     into effect, and, in considering the                  if promulgated, have a significant
                                                                                                            waiver, the Commission would have the                 economic impact on a substantial
                                                    Wholesale, Inc., d/b/a TeleCuba;
                                                                                                            opportunity to assess on a case-by-case               number of small entities.’’ 3 The RFA
                                                    Petition for Waiver of the International
                                                                                                            basis whether allowing an above                       generally defines the term ‘‘small
                                                    Settlements Policy and Benchmark Rate
                                                                                                            benchmark settlement rate without the                 entity’’ as having the same meaning as
                                                    for Facilities-Based
                                                                                                            protections of a nondiscrimination rule               the terms ‘‘small business,’’ ‘‘small
                                                    Telecommunications Services with
                                                                                                            (with or without conditions) would                    organization,’’ and ‘‘small governmental
                                                    Cuba, Memorandum Opinion and
                                                                                                            serve the public interest. Comment is                 jurisdiction.’’ 4 In addition, the term
                                                    Order, 26 FCC Rcd 5217, 5228, para. 31
                                                                                                            sought on these observations.                         ‘‘small business’’ has the same meaning
                                                    (IB 2011) (TeleCuba Waiver Order).                         4. Currently, any agreement with                   as the term ‘‘small business concern’’
                                                       2. The FNPRM seeks comment on                        ETECSA is routinely made available for                under the Small Business Act.5 A
                                                    whether removal of these                                public inspection under the                           ‘‘small business concern’’ is one which:
                                                    nondiscrimination requirements would                    nondiscrimination requirement                         (1) Is independently owned and
                                                    serve the public interest, for example,                 condition placed on the waiver of the                 operated; (2) is not dominant in its field
                                                    by leading to more direct agreements                    benchmark settlements in the TeleCuba
                                                    between U.S. carriers and the Cuban                     Waiver Order. TeleCuba Waiver Order,                    1 Public Law 107–198, 116 Stat. 729 (2002); see
                                                    carrier, ETECSA. In the 2012 ISP Reform                 26 FCC Rcd at 5228, para. 31. The FPRM                44 U.S.C. 3506 (c)(4).
                                                    Order, 78 FR 11109 (Feb. 15, 2013), the                 seeks comment on whether, if the                        2 See 5 U.S.C. 603. The RFA, 5 U.S.C. 2002);

                                                    Commission found that removal of the                    Commission is to remove the                           §601–612, has been amended by the Small Business
                                                    ISP on all routes (except the                                                                                 Regulatory Enforcement Fairness Act of 1996
                                                                                                            nondiscrimination requirement in the                  (SBREFA), Public Law 104–121, Title II, 110 Stat.
                                                    nondiscrimination prong on the U.S.-                    TeleCuba Waiver Order, it also should                 847, 857 (1996).
                                                    Cuba route) would provide U.S. carriers                 no longer consider operating agreements                 3 5 U.S.C. 605(b).

                                                    greater flexibility to negotiate lower                  between a U.S. carrier and ETECSA to                    4 5 U.S.C. 601(6).

                                                    settlement rates. See International                     be routinely available for public                       5 5 U.S.C. 601(3) (incorporating by reference the
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Settlement Policy Reform et al., Report                 inspection. In that waiver order, the                 definition of ‘‘small business concern’’ in the Small
                                                                                                                                                                  Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
                                                    and Order, 27 FCC Rcd 15521 (2012)                      International Bureau adopted other                    601(3), the statutory definition of a small business
                                                    (2012 ISP Reform Order). Do                             conditions that it believed would help                applies ‘‘unless an agency, after consultation with
                                                    commenters agree that circumstances                     ‘‘balance the policy goals of                         the Office of Advocacy of the Small Business
                                                    have now changed sufficiently with                      reestablishing direct                                 Administration and after opportunity for public
                                                                                                                                                                  comment, establishes one or more definitions of
                                                    respect to Cuba to anticipate that the                  telecommunications links with Cuba by                 such term which are appropriate to the activities of
                                                    removal of the nondiscrimination prong                  U.S. carriers with promoting                          the agency and publishes such definitions(s) in the
                                                    of the ISP on the U.S.-Cuba route will                  competition and lower international                   Federal Register’’.



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                                                    11502                     Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Proposed Rules

                                                    of operation; and (3) satisfies any                     Communications Act of 1934, as                        DEPARTMENT OF COMMERCE
                                                    additional criteria established by the                  amended, 47 U.S.C. 151, 152, 154(i),
                                                    Small Business Administration (SBA).                    154(j), 201–205, 208, 211, 214, 303(r),               National Oceanic and Atmospheric
                                                       7. The Commission has licensed                       309, and 403, this Further Notice of                  Administration
                                                    facilities-based telecommunications                     Proposed Rulemaking IS ADOPTED.
                                                    between the United States and Cuba                                                                            50 CFR Part 622
                                                    based on policy guidance from the State                   11. IT IS FUTHER ORDERED that
                                                                                                            NOTICE IS HEREBY GIVEN of the                         [Docket No. 150303208–6099–01]
                                                    due to the unique relationship between
                                                    the United States and Cuba. The State                   proposed regulatory changes to                        RIN 0648–BE70
                                                    Department has recently provided new                    Commission policy and rules described
                                                    guidance that recommends that the                       in this Further Notice of Proposed                    Fisheries of the Caribbean, Gulf of
                                                    Commission remove the                                   Rulemaking and that comment is sought                 Mexico, and South Atlantic; Snapper-
                                                    nondiscrimination requirements placed                   on these proposals.                                   Grouper Fishery Off the Southern
                                                    on the U.S.-Cuba route.                                                                                       Atlantic States; Amendment 35
                                                                                                              12. IT IS FURTHER ORDERED that
                                                       8. In this Further Notice, the                       the Commission’s Consumer and                         AGENCY:  National Marine Fisheries
                                                    Commission seeks comment on                             Governmental Affairs Bureau, Reference                Service (NMFS), National Oceanic and
                                                    proposals to remove the                                                                                       Atmospheric Administration (NOAA),
                                                                                                            Information Center, SHALL SEND a
                                                    nondiscrimination requirements for the
                                                                                                            copy of this Further Notice of Proposed               Commerce.
                                                    provision of telecommunications
                                                    services between the United States and                  Rulemaking, including the Initial                     ACTION: Proposed rule; request for
                                                    Cuba. We seek comment on whether, if                    Regulatory Flexibility Certification, to              comments.
                                                    we are to remove the nondiscrimination                  the Chief Counsel for Advocacy of the
                                                                                                            Small Business Administration.                        SUMMARY:    NMFS proposes regulations to
                                                    requirements, we also should no longer                                                                        implement Amendment 35 to the
                                                    consider operating agreements between                   List of Subjects in 47 CFR Part 63                    Fishery Management Plan for the
                                                    a U.S. carrier and ETECSA to be                                                                               Snapper-Grouper Fishery of the South
                                                    routinely available for public                            Communications common carriers,                     Atlantic Region (FMP) (Amendment 35),
                                                    inspection. The proposals in this                       Telecommunications.                                   as prepared and submitted by the South
                                                    Further Notice are designed to allow                                                                          Atlantic Fishery Management Council
                                                                                                            Federal Communications Commission.
                                                    U.S. carriers to negotiate individualized                                                                     (Council). The proposed rule, if
                                                    operating agreements with ETECSA, the                   Gloria J. Miles,
                                                                                                                                                                  implemented, would remove black
                                                    Cuban carrier. Allowing U.S. carriers to                Federal Register Liaison Officer, Office of the
                                                                                                            Secretary.                                            snapper, mahogany snapper, dog
                                                    negotiate individualized operating                                                                            snapper, and schoolmaster from the
                                                    agreements may lead to more U.S.                          For the reasons discussed in the                    FMP as well as revise regulations
                                                    carriers entering into operating                        preamble, the Federal Communications                  regarding the golden tilefish longline
                                                    agreements with ETECSA, more direct                     Commission proposes to amend 47 CFR                   endorsement program. The purpose of
                                                    connections between the United States                   part 63 as follows:                                   this rule is to ensure that only snapper-
                                                    and Cuba, and lower settlement rates on
                                                                                                                                                                  grouper species requiring Federal
                                                    the U.S.-Cuba route.                                    Proposed Rules
                                                       9. The proposals in this Further                                                                           management are included in the
                                                    Notice, if adopted, would not change                    PART 63—EXTENSION OF LINES, NEW                       Snapper-Grouper FMP, improve the
                                                    the need for a U.S. carrier to reach an                 LINES, AND DISCONTINUANCE,                            consistency of management of snapper-
                                                    agreement with the Cuban carrier and to                                                                       grouper species in waters off south
                                                                                                            REDUCTION, OUTAGE AND
                                                    file the agreement with the Commission.                                                                       Florida across state and Federal
                                                                                                            IMPAIRMENT OF SERVICE BY
                                                    Therefore, these rule changes should not                                                                      jurisdictional boundaries, and to align
                                                                                                            COMMON CARRIERS; AND GRANTS                           regulations for golden tilefish longline
                                                    have a significant economic impact on                   OF RECOGNIZED PRIVATE
                                                    any carrier. Further, these requirements                                                                      endorsements with the Council’s
                                                                                                            OPERATING AGENCY STATUS                               original intent for establishing the
                                                    are only applicable to facilities-based
                                                    carriers, which are generally large                                                                           longline endorsement program.
                                                                                                            ■ 1. The authority citation for part 63               DATES: Written comments must be
                                                    companies and do not come within the                    continues to read as follows:
                                                    definition of small businesses.                                                                               received on or before April 4, 2016.
                                                    Consequently, we do not believe that                      Authority: Sections 1, 4(i), 4(j), 10, 11,          ADDRESSES: You may submit comments
                                                    the proposals affect a substantial                      201–205, 214, 218, 403 and 651 of the                 on the proposed rule identified by
                                                    number of small businesses.                             Communications Act of 1934, as amended,               ‘‘NOAA–NMFS–2015–0076’’ by any of
                                                    Accordingly, the Commission certifies                   47 U.S.C. 151, 154(i), 154(j), 160, 201–205,          the following methods:
                                                    that the proposed rule change will not                  214, 218, 403, and 571, unless otherwise                 • Electronic Submissions: Submit all
                                                    have a significant economic impact on                   noted.                                                electronic public comments via the
                                                    a substantial number of small entities.                                                                       Federal e-Rulemaking Portal: http://
                                                                                                            63.22    [Amended].
                                                    The Commission will send a copy of the                                                                        www.regulations.gov. Go to
                                                    Further Notice, including a copy of this                ■ 2. In § 63.22 remove and reserve                    www.regulations.gov/
                                                    Initial Regulatory Flexibility                          paragraph (f).                                        #!docketDetail;D=NOAA-NMFS-2015-
                                                                                                                                                                  0076, click the ‘‘Comment Now!’’ icon,
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Certification, to the Chief Counsel for                 [FR Doc. 2016–04837 Filed 3–3–16; 8:45 am]
                                                    Advocacy of the SBA. This initial                       BILLING CODE 6712–01–P
                                                                                                                                                                  complete the required fields, and enter
                                                    certification will also be published in                                                                       or attach your comments.
                                                    the Federal Register.                                                                                            • Mail: Submit written comments to
                                                                                                                                                                  Nikhil Mehta, Southeast Regional
                                                    Ordering Clauses                                                                                              Office, NMFS, 263 13th Avenue South,
                                                      10. IT IS ORDERED that, pursuant to                                                                         St. Petersburg, FL 33701.
                                                    Sections 1, 2, 4(i), 4(j), 201–205, 208,                                                                         Instructions: Comments sent by any
                                                    211, 214, 303(r), 309, and 403, of the                                                                        other method, to any other address or


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Document Created: 2018-02-02 15:05:54
Document Modified: 2018-02-02 15:05:54
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.
DatesSubmit comments on or before April 4, 2016, and replies on or before April 18, 2016.
ContactDavid Krech or Jodi Cooper, Telecommunications and Analysis Division, International Bureau, FCC, (202) 418-1480 or via email to [email protected], [email protected] On PRA matters, contact Cathy Williams, Office of the Managing Director, FCC, (202) 418-2918 or via email to [email protected]
FR Citation81 FR 11500 
CFR AssociatedCommunications Common Carriers and Telecommunications

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