82 FR 18090 - Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 72 (April 17, 2017)
Federal Register Volume 82, Issue 72 (April 17, 2017)
| Page Range | 18090-18096 | |
| FR Document | 2017-07547 |
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)] [Proposed Rules] [Pages 18090-18096] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07547] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Proposed Rules [[Page 18090]] FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 43 and 63 [IB Docket Nos. 17-55 and 16-131, FCC 17-28] Reporting Requirements for U.S. Providers of International Services; 2016 Biennial Review of Telecommunications Regulations AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) seeks comment on the federal need for the international services reporting requirements set forth in the Commission's rules. Those reporting requirements are the annual Traffic and Revenue Reports and the Circuit Capacity Reports. The Commission believes these reports are no longer necessary in their current form. The Commission proposes to eliminate the annual Traffic and Revenue Reports altogether, and seeks comment on whether there are ways to further streamline the Circuit Capacity Reports. DATES: Submit comments on or before May 17, 2017, and replies on or before June 1, 2017. ADDRESSES: You may submit comments, identified by IB Docket Nos. 16-131 and 17-55, 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 Arthur Lechtman, Telecommunications and Analysis Division, International Bureau, FCC, (202) 418-1480 or via email to [email protected] or [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 Notice of Proposed Rulemaking in IB Docket Nos. 16-131 and 17-55, adopted on March 23, 2017 and released on March 23, 2017. In the Notice of Proposed Rulemaking, the Commission seeks comment on the federal need for the international services reporting requirements set forth in Section 43.62 of the Commission's rules. 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://www.fcc.gov/document/section-4362-nprm. Comment Filing Procedures Pursuant to 47 CFR 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. Synopsis 1. In this NPRM, the Commission seeks comment on the federal need for the international services reporting requirements set forth in section 43.62 of the Commission's rules. See Reporting Requirements for U.S. Providers of International Telecommunications Services; Amendment of part 43 of the Commission's Rules, IB Docket No. 04-112, Second Report and Order, 78 FR 15615 (2013). Those reporting requirements fall into two categories. First, the Traffic and Revenue Reports require providers of international telecommunications services to report annually their traffic and revenue for international voice services, international miscellaneous services, and international common carrier private lines. Second, the Circuit Capacity Reports require providers of international telecommunications services to file annual reports identifying the submarine cable, satellite, and terrestrial capacity between the United States and foreign points. The Commission believes these reports are no longer necessary in their current form. The Commission proposes to eliminate the annual Traffic and Revenue Reports altogether, and seeks comment on whether there are ways to further streamline the Circuit Capacity Reports. 2. Traffic and Revenue Reports. Currently, any person or entity that holds an international section 214 [[Page 18091]] authorization to provide International Telecommunications Services (ITS) and/or any person or entity that is engaged in the provision of Interconnected Voice over Internet Protocol (VoIP) Services Connected to the Public Switched Telephone Network (PSTN) between the United States and any foreign point (together, Filing Entities) must file an annual Traffic and Revenue Report. ITS refers to telecommunications service between the United States and a foreign point. Interconnected VoIP Service Connected to the PSTN refers to service between the United States and any foreign point that: (1) Enables real-time, two-way voice communications; (2) requires a broadband connection from the user's location; (3) requires Internet Protocol-compatible customer premise equipment; and (4) permits users generally to receive calls that originate on the PSTN or to terminate calls to the PSTN. Filing Manual for section 43.62 Annual Reports (IB Feb. 2016) (section 43.62 Filing Manual). The information submitted for this annual report covers: (1) International Calling Service (ICS); (2) International Private Line Service; and (3) International Miscellaneous Services. ICS is defined as international message telephone service (IMTS) and Interconnected VoIP Connected to the PSTN, including International Call Completion Service for IMTS or Interconnected VoIP Connected to the PSTN. IMTS consists of telecommunications services (including voice and low-speed dial-up data) provided over the public switched networks of U.S. international carriers. International Private Line Service is defined as Private Line Service between the United States and a foreign point. Private Line Service refers to making available to a customer on a common carrier basis a circuit for a specified period of time for the customer's exclusive use. International Miscellaneous Service refers to any international telecommunications service other than ICS and International Private Line Service. Section 43.62 Filing Manual. Each person or entity that holds an international section 214 authorization, whether or not it provided any ITS during the preceding calendar year, must file at least a registration form and services checklist indicating whether it provided international service the previous year. Filing Entities that only had $5 million or less in ICS resale revenues need only file the registration form and services checklist. Filing Entities report information on International Miscellaneous Services for which they had $5 million or more in revenue. 3. Historically, the primary role of the international Traffic and Revenue Reports was to monitor settlement rates. The reports were important in the development and enforcement of the Commission's benchmark policy, requiring international settlement rates on particular routes to fall below competitive benchmarks. International Settlement Rates, IB Docket No. 96-261, Report and Order, 62 FR 45758 (1997) (Benchmarks Order). As the international telecommunications sector has liberalized and competition has grown, the Commission has determined that most routes were competitive based, in large part, on the Traffic and Revenue Reports; data from these reports thus allowed the Commission to end its International Settlements Policy. See International Settlements Policy Reform et al., IB Docket Nos. 11-80, et al., Report and Order, 78 FR 11109 (2013); International Settlements Policy Reform; International Settlement Rates, IB Docket Nos. 02-324, 96-261, First Report and Order, 69 FR 23151 (2004). 4. Circuit Capacity Reports. The Circuit Capacity Reports help the Commission understand the U.S.-international transport markets. The Commission receives two types of data regarding submarine cables: (1) Submarine cable operators report the available and planned capacity of their submarine cable systems and (2) common carriers and submarine cable licensees report the capacity that they own or lease on a submarine cable. Submarine cable landing licensees are required to file available and planned capacity information for each cable system as of December 31 of the reporting period. Any U.S. international common carrier or cable landing licensee that owned or leased capacity on a submarine cable between the United States and any foreign point on December 31 of the reporting period is required to file capacity amounts for the following categories: (1) Owned capacity; (2) net indefeasible rights-of-use (IRUs); (3) net inter-carrier leaseholds (ICLs); (4) net capacity held (i.e., the total of categories (1) through (3)); (5) activated capacity; and (6) non-activated capacity. Section 43.62 Filing Manual. The Commission also receives world total circuit data for terrestrial and satellite facilities. Each facilities- based common carrier is required to file a report showing its active common carrier terrestrial or satellite circuits between the United States and any foreign point as of December 31 of the preceding calendar year. The terrestrial and satellite circuits are reported in world-total counts of 64 kilobits per second (kbps) circuit units. In addition, non-common carrier satellite operators are required to report a world-total count of circuits used by themselves or their affiliates, or sold or leased to any customer as of December 31 of the reporting period, other than to an international common carrier authorized by the Commission to provide U.S. international common carrier services. 5. The Circuit Capacity Reports show the level of facilities-based competition for the major U.S.-international routes, and can help policy-makers and industry determine whether there is and will be sufficient capacity to handle demand for telecommunications on a specific U.S.-international route. The Commission has used the data in analyzing proposed transactions in the U.S.-international services markets, particularly with respect to whether a transaction would affect facilities-based competition on any particular U.S.- international route(s). The data are used to determine whether entry by foreign companies will benefit or adversely affect competition. 6. The Commission also uses the data for national security and public safety purposes, to ensure that U.S. international telecommunications are safe from disruption, and to provide information about key routes and whether there are alternative cables or satellite facilities available to provide communications to specific locations. The data provide information on ownership and control of submarine cable capacity, to help national security agencies assess the safety and integrity of U.S.-international telecommunications infrastructure. The Commission also uses the terrestrial, satellite, and submarine cable capacity data to administer the annual regulatory fees established in section 9 of the Communications Act of 1934, as amended (the Act). 47 U.S.C. 159. 7. Biennial Review. On November 3, 2016, the Commission released a Public Notice seeking comment on the 2016 biennial review of our telecommunications regulations pursuant to section 11 of the Act. 47 U.S.C. 161; 31 FCC Rcd 12166 (2016). Several parties recommend that we further streamline or eliminate the reporting requirements in section 43.62 of the Commission's rules, and no party wrote in support of retaining these requirements. 8. DISCUSSION. After reviewing the record in this biennial review proceeding, and based on our own understanding of the competitive nature of the international services sector, we [[Page 18092]] believe that the international traffic and revenue data collection is no longer necessary, and we propose to eliminate this reporting requirement. We instead believe that more targeted collections, in response to actual U.S. carrier complaints, may provide the Commission with all the information it needs. 9. In contrast, we believe that it might serve the public interest to retain the Circuit Capacity Reports. We thus explore whether, instead of eliminating these reports, there are ways we could streamline or modify this data collection while continuing to meet our statutory obligations. 10. Traffic and Revenue Reports. We propose to eliminate the current international Traffic and Revenue Reports requirement. We believe that the costs of this data collection--which are significant both for filers and for the Commission--now exceed the benefits of the information. We seek comment on what effect elimination of this reporting requirement will have on U.S. consumers and U.S. carriers, and whether there may be less burdensome ways for the Commission to obtain data in order to fulfill its statutory obligations and protect U.S. interests. 11. The international traffic and revenue reporting requirement appears to place a significant burden on the filing entities and the Commission. Although the Commission does not have firm numbers on the costs to industry to prepare and submit the reports, we have developed estimates of the burdens. These estimates have been derived by applying the number of traffic and revenue filings in 2016 to the burden estimates in the Paperwork Reduction Act review process for the annual Traffic and Revenue Reports and Circuit Capacity Reports. In 2016, 1,888 entities filed information regarding their 2015 international traffic and revenue. Of those, 1,822 filed only a registration form and did not file any data because they either did not have any international revenues in 2015, or only had less than $5 million in ICS resale revenue. Sixty-six filed data for ICS facilities-based services, International Private Line Services and/or International Miscellaneous Services, and 47 of the 66 filed revisions. In 2014, the Commission estimated that filers spend one hour preparing and filing the registration form; two hours preparing and filing world total ICS resale data; 150 hours preparing and submitting route-by-route data for facilities-based ICS and or international private lines; and 50 hours preparing and filing revised data. In total, we estimate that industry spent 14,770 hours preparing and submitting the data for the 2015 annual Traffic and Revenue Reports. We estimate that Commission staff will spend 2,218 hours reviewing and publishing the data at a total cost of at least $112,076. We seek comment on these estimates and ask commenters to provide us with the cost of preparing and submitting the Traffic and Revenue Reports. In particular, we seek comment on the actual time spent to produce the data and ask commenters to provide us with an average wage rate. AT&T Services Inc., for example, reported that nearly 300 hours were required to prepare its Traffic and Revenue Report. We also seek comment on the complexity involved in providing data to the Commission. Do commenters have the information required for filing readily available from their internal systems? Do commenters need to maintain redundant systems or perform complex analysis on their internal data in order to submit their reports? What impact, if any, does the complexity of analysis required have on the reliability of the data submitted? 12. Given the increasing level of competition on most U.S- international routes, we believe that the benefits of the Traffic and Revenue Reports have so diminished that they no longer outweigh the costs. In the last 20 years, since the implementation of the World Trade Organization (WTO) Basic Telecom Agreement and the establishment of the Commission's benchmarks settlements policy, the international telecommunications sector has become much more competitive on both the U.S. and foreign ends, as government regulations in the United States and abroad were relaxed, and enabled entry. As a result, both U.S.- international average settlement rates and average IMTS revenue per minute have dropped dramatically. IMTS is defined as the provision of message telephone service (MTS) between the United States and a foreign point. The term MTS refers to the transmission and reception of speech and low-speed dial-up data over the PSTN. Section 43.62 Filing Manual. Average settlement rates paid out by U.S. carriers have decreased from $0.18 per minute in 2000 to $0.03 per minute in 2014, an 83 percent drop. Average facilities ICS revenue per minute, which is a general measure of international calling prices, has decreased from $0.47 per minute in 2000 to $0.04 per minute in 2014, indicating a drop of 85 percent in the price to consumers for international calling. 13. Additionally, the data we collect may actually understate the competitiveness of the international market. Although we collect data from interconnected VoIP providers (354 interconnected VoIP providers filed Traffic and Revenue Reports in 2015), we do not mandate reporting from non-interconnected VoIP providers, many of whose services are free to the customer. This indicates that overall consumer rates for international voice traffic may be below those indicated by the reports. As use of those services continues to increase, it calls into question the continuing value of the overall traffic and revenue data, since such data reveal only a fraction of the overall picture of international communications, a fraction that is likely to grow smaller over time. To the extent information is available, we seek comment on what portion of international telecommunications services is provided by non-interconnected VoIP services, the projected future growth of those services, and their impact on the relevance and accuracy of our current Traffic and Revenue Reports. 14. Settlement rates to most foreign points are also well below the benchmark rate established for that country, indicating that competition has driven the rate closer to cost-based levels. Though some routes are still subject to the anti-competitive effects of foreign monopolist providers and government regulation, for the most part U.S.-international routes are competitive. In a recent presentation to the Expert Group on International Telecommunication Regulations, International Telecommunication Union (ITU), the United States noted that ``[a]ccording to the ITU, a clear majority of countries in all six ITU regions have competitive markets covering elements that are essential to the provision of international telecommunication services--domestic fixed long-distance, mobile, leased lines, and international gateways. For example, according to ITU's 2015 ICTEYE, a majority of countries have various levels of competitive markets in domestic and international long distance services and more than 75 percent of ITU Member States have competitive international gateways and leased line markets.'' This is due to relaxed government regulations, entry by new carriers, entry by existing incumbents into other countries' markets, technological developments that have enhanced ease of entry, and, perhaps most significantly for the future, the development of VoIP-based alternatives to traditional international switched services, such as Skype, FaceTime, Viber, or WhatsApp. Attempts to raise settlement rates by a foreign carrier, cartel, or government [[Page 18093]] can be countered by carriers using our benchmark complaint process, or by consumers switching to VoIP-based calling services, many of which are free. Although the traffic and revenue data have been useful for those times when we have investigated anticompetitive behavior on certain routes, these have been relatively infrequent in recent years, for example, on the U.S.-Fiji route (2013 to present), U.S.-Pakistan route (2013-2016), and U.S.-Tonga route (2009 to present). Moreover, we can and do request traffic and revenue information from carriers when a carrier complains of anticompetitive conduct by a foreign carrier or government on a specific route. The Commission has broad authority to investigate possible anti-competitive activities on U.S.-international routes. 15. In eliminating the Traffic and Revenue Reports, is there data and information that the Commission would not be able to obtain to address instances of anticompetitive conduct on a U.S.-international route that adversely affects U.S. consumers or U.S. carriers? How could the Commission ascertain which facilities-based carriers have termination arrangements on a particular U.S.-international route in the absence of reported traffic and revenue data? We seek comment on whether there are less burdensome alternatives for carriers to provide the Commission with information it needs to protect U.S. consumers and carriers. There are also international routes which are not fully competitive and on which the settlement rate is still above the benchmark rate. For example, according to 2014 data on calling to foreign fixed-line networks, there are 48 above-benchmark routes that constitute approximately 1 percent of total fixed minutes and 21 percent of total fixed U.S. settlement payouts worldwide. We seek comment on whether the Commission should continue to obtain information regarding above-benchmark rates. If so, what information should the Commission continue to require? In addition, for those commenters opposed to eliminating these reporting requirements, we seek comment on how they can be further streamlined and whether the Commission should sunset some or all of the provisions. For instance, requiring only route-by-route data from facilities-based carriers and eliminating the filing requirement for resale, private line, and miscellaneous services would greatly reduce the overall industry burden and would exempt over 1,800 entities from filing Traffic and Revenue Reports. We seek comment on all the issues raised and solicit additional feedback on any issues we should consider with regard to eliminating the Traffic and Revenue Reports. 16. Circuit Capacity Reports. At this time, we believe that retaining the Circuit Capacity Reports might be warranted because the benefits appear to exceed the costs of collecting this data. We seek comment on our analysis and on ways to further streamline our requirements to minimize the burden on filers while ensuring the Commission receives the information it needs to meet its statutory responsibilities. We propose to delete section 43.62 of the Commission's rules, which contains both annual Traffic and Revenue Reports and the Circuit Capacity Reports, and place the Circuit Capacity Reports in section 43.82 of the Commission's rules. 17. We seek comment on the burden imposed by our circuit capacity reporting requirements. While the Commission does not have firm numbers on the costs to industry to prepare and submit the reports, we have developed estimates of the burdens. These estimates have been derived by applying the number of circuit capacity filings in 2016 to the burden estimates in the Paperwork Reduction Act review process for the annual Traffic and Revenue Reports and Circuit Capacity Reports. In 2016, 91 entities filed data regarding their circuits as of December 31, 2015. Thirty-five reports were filed for terrestrial and satellite world total circuits; 30 cable operator reports were filed; and 72 capacity holder reports were filed. In 2014, the Commission estimated that filers spend one hour preparing and filing the registration form; one hour preparing and filing world total terrestrial and/or satellite circuits; two hours preparing and submitting the cable operators report; and 10 hours preparing and filing the cable capacity holders report. In total, we estimate that industry spent 906 hours preparing and submitting the data for the 2015 annual Circuit Capacity Reports. We estimate that Commission staff will spend 372 hours reviewing and publishing the data at a total cost of $22,280. We seek comment on these estimations and ask commenters to provide us with the cost of preparing and submitting the Circuit Capacity Reports. In particular, we seek comment on the actual time spent to produce the data and ask commenters to provide us with an average wage rate. 18. Although the value of the Circuit Capacity Reports is less than it once was with the advent of competition throughout the international marketplace, we believe the reports still retain significant value. For one, the Circuit Capacity Reports give the agency a clear understanding of which operators have deployed what facilities where--the prime information needed for any analysis of facilities-based competition. For another, the Circuit Capacity Reports are used by the Commission and the national security agencies to understand how to protect and secure this critical international infrastructure. For yet another, the Commission relies on these reports to carry out its statutory obligation to assess regulatory fees on international bearer circuits. We believe that these benefits outweigh the costs of this information collection. We seek comment on this analysis, and how the benefits of the Circuit Capacity Reports can best be quantified. 19. We also seek comment on ways to streamline or improve our reporting requirements. Have there have been changes in the international transport markets over the past few years that necessitate a reexamination of the type of information we collect, especially any changes in the submarine cable markets? How should we modify the collection in a manner that would still allow the Commission to meet its obligations? How would the cost benefit analysis change with the proposed modifications? Should we collect different information that would minimize burdens on filers while still providing value to the public, industry, and the Commission? We recognize that the data are used to assess regulatory fees, and seek comment on whether we should require filers to submit, for example, the data at the same time as the fee, rather than as a prelude to the fee. What other ways can the Commission minimize burdens on filers? What, if any, alternative or substitutes for the circuit capacity data, in particular the submarine cable data, are available from commercial sources? If data are available from commercial sources, are there limitations on the Commission's use of that data? We seek comment on this and whether there are alternative lower cost means of acquiring circuit capacity data. We also seek comment on whether we could eliminate the Circuit Capacity Reports, and if so how the Commission could continue to perform the functions that the circuit data enable. 20. We also seek input on two issues that have become apparent with the most recent filing of Circuit Capacity Reports. First, for certain individual cables, we have observed a discrepancy between the capacity reported on the cable operators report and the capacity reported on the cable capacity holders [[Page 18094]] report. For example, occasionally, we find that the cable capacity holders report has higher capacity numbers than the cable operator report for the same cable. In those instances, Commission staff will contact the filers concerning the inconsistencies. What is the cause of such inconsistencies, and how can we best address them? 21. Second, on the cable capacity holders report, filers are asked to report capacity acquired and relinquished via indefeasible rights- of-use (IRUs) or inter-carrier leaseholds (ICLs) only in those cases where such transactions are with another reporting entity. Thus, for each entry of capacity acquired by IRU or ICL, there should be a corresponding entry of capacity relinquished; however, this has generally not been the case. Should we address this by clarifying the filing instructions? Or should we change the instructions so that all IRU and ICL transactions must be reported, regardless of whether the other party is also a reporting party? 22. As part of the changes adopted in 2013, filers are allowed to check a box on the registration form to request confidentiality for their data. In the past, the Commission has published information on the current and planned capacity of individual U.S.-international submarine cables. Several cable operators have recently requested confidential treatment for their cable operator data. To minimize burdens, we seek comment on whether, for example, in the future the Commission should publish such data on a consolidated regional (and not cable-specific) basis. We seek comment on whether releasing only regional data to the public, without identifying individual cable operators, will affect the usefulness of the Circuit Capacity Reports, and whether this practice would address concerns operators have regarding the confidentiality of data submitted in such reports. We note that the Commission would still have the information on a cable- by-cable basis. 23. Finally, we propose a change to the confidentiality rule for circuit capacity to clarify that requests for confidential treatment will be consistent with Section 0.459 of the Commission's rules, and seek comment on this proposal. 24. Ex Parte Rules. The proceeding this NPRM initiates shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with Section 1.1206(b) of the Commission's rules. In proceedings governed by Section 1.49(f) of the Commission's rules or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. 25. Paperwork Reduction Act. This document contains proposed new and modified information collection requirements. The Commission, as a part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency comments are due June 16, 2017. Comments should address: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) way to further reduce the information collection burden on small business concerns with fewer than 25 employees. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might ``further reduce the information collection burden for small business concerns with fewer than 25 employees.'' 26. Statement of Authority. The proposed action is authorized under Sections 1, 4(i), 4(j), 11, 201-205, 214, 219-220, 303(r), 309, and 403 of the Communications Act as amended, 47 U.S.C. 151, 154(i), 154(j), 161, 201-205, 214, 219-220, 303(r), 309, and 403, and the Cable Landing License Act of 1921, 47 U.S.C. 34-39, and 3 U.S.C. 301. Initial Regulatory Flexibility Act Analysis 27. As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in this Notice of Proposed Rule Making (NPRM). We request written public comments on this IRFA. Commenters must identify their comments as responses to the IRFA and must file the comments by the deadlines provided in this NPRM. The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. 28. The Commission initiated this NPRM to assess the federal need for the international reporting requirements set forth in section 43.62 of the Commission's rules. On November 3, 2016, the Commission released a Public Notice seeking comment on the 2016 biennial review of our telecommunications regulations pursuant to section 11 of the Communications Act of 1934, as amended (the Act). Section 11 requires the Commission to (1) review biennially its regulations ``that apply to the operations or activities of any provider of telecommunications service,'' and (2) ``determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.'' Section 11 directs the Commission to repeal or modify any regulation that it finds are no longer in the public interest. While the Commission streamlined and modernized the Part 43 international reporting requirements in 2013, several [[Page 18095]] parties recommend that we further streamline or eliminate these rules. 29. The objectives of this proceeding are to eliminate, further streamline, or modify the current traffic and revenue reporting requirements and further streamline or modify circuit capacity reporting requirements that apply to carriers providing international services pursuant to section 43.62 of the Commission's rules. Specifically, the Commission proposes to eliminate the annual Traffic and Revenue Reports, and seeks comment on ways to further streamline the annual Circuit Capacity Reports. After reviewing the record in this biennial review proceeding, and based on our own understanding of the competitive nature of the international services sector, we believe that the international traffic and revenue data collection is no longer necessary, and we propose to eliminate this reporting requirement. We recognize that there may be occasions when we need international services market information, and seek comment on how to obtain this information in the most cost effective and least burdensome way. With respect to the annual Circuit Capacity Reports, we believe they may warrant retention, and do not propose their elimination. We do, however, explore whether there are ways we could further streamline or modify this data collection while meeting our statutory obligations. 30. Currently, section 43.62(b) of the Commission's rules requires providers of international services to report annually their traffic and revenue for international voice services, international miscellaneous services, and international common carrier private lines. Section 43.62(a) of the Commission's rules requires providers of international services to report annually submarine cable, satellite, and terrestrial capacity between the United States and foreign points. 31. The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by proposed rules, if adopted. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. Pursuant to the RFA, 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 definition(s) in the Federal Register.'' A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). 32. The proposals in the NPRM apply to entities providing international common carrier services pursuant to section 214 of the Act; entities providing international wireless common carrier services under section 309 of the Act; entities providing common carrier satellite services under section 309 of the Act; and entities licensed to construct and operate submarine cables under the Cable Landing License Act. The Commission has not developed a small business size standard directed specifically toward these entities. As described below, such entities fit within larger categories for which the SBA has developed size standards. 33. The proposals in the NPRM apply to a mixture of both large and small entities. The Commission has not developed a small business size standard directed specifically toward these entities. However, as described below, these entities fit into larger categories for which the SBA has developed size standards that provide these facilities or services. 1. Facilities-based Carriers. 2. IMTS Resale Providers. 3. Wireless Carriers and Service Providers. 4. Wireless Telecommunications Carriers (except Satellite). 5. Wireless Communications Services. 6. Providers of Interconnected VoIP services. 7. Spot Market Operators. 8. Providers of International Telecommunications Transmission Facilities. 9. Satellite Telecommunications Providers. 10. Operators of Non-Common Carrier Undersea Cable Systems. 11. Incumbent Local Exchange Carriers. 34. The NPRM proposes a number of rule changes that would affect reporting, recordkeeping and other compliance requirements for entities providing international common carrier services pursuant to section 214 of the Communications Act; entities providing international wireless common carrier services under Section 309 of the Act; entities providing common carrier satellite services under section 309 of the Act; and entities licensed to construct and operate submarine cables under the Cable Landing License Act. The NPRM proposes to eliminate, further streamline, or modify the current international reporting requirements to reduce the burdens for both small and large carriers. Specifically, the NPRM proposes to eliminate the annual Traffic and Revenue Reports, and seeks comment on ways to further streamline the Circuit Capacity Reports. As a result, the proposals in the NPRM will be financially beneficial and not impose any significant economic burdens on small carriers. 35. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): ``(1) the establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rules for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.'' 36. In this NPRM, the proposed changes in the international reporting requirements would lessen the burden on carriers, including small entities. We propose to eliminate the annual Traffic and Revenue Reports, and seek comment on ways to further streamline the Circuit Capacity Reports. After reviewing the record in this biennial review proceeding, and based on our own understanding of the competitive nature of the international services sector, we believe that the international traffic and revenue data collection is no longer necessary, and we propose to eliminate this reporting requirement. We recognize that there may be occasions when we need international services market information, and seek comment on how to obtain this information in the most cost effective and least burdensome way. We are also considering alternatives that would provide the Commission with important information for fulfilling its statutory obligations but would reduce the burdens on small businesses. With respect to the annual Circuit Capacity Reports, we believe they may warrant retention, and do not propose their elimination. We do, however, explore whether there are ways we could further streamline or modify this data collection while meeting our statutory obligations. 37. The NPRM seeks comment from all interested parties. The Commission [[Page 18096]] is aware that some of the proposals under consideration may impact small entities. Small entities are encouraged to bring to the Commission's attention any specific concerns they may have with the proposals outlined in the NPRM. 38. The Commission expects to consider the economic impact on small entities, as identified in comments filed in response to the NPRM, in reaching its final conclusions and taking action in this proceeding. List of Subjects 47 CFR Part 43 Communications common carriers, Reporting and recordkeeping requirements, Telephone. 47 CFR Part 63 Communications common carriers, Reporting and recordkeeping requirements, Telephone. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR parts 43 and 63 as follows: PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF INTERNATIONAL SERVICES AND CERTAIN AFFILIATES 0 1. The authority citation for Part 43 is revised to read as follows: Authority: 47 U.S.C. 154; Telecommunications Act of 1996; Pub. Law 104-104, sec. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless otherwise noted. 47 U.S.C. 211, 219, 220, as amended; Cable Landing License Act of 1921, 47 U.S.C. 34-39. Sec. 43.62 [Removed and Reserved] 0 2. Section 43.62 is removed and reserved. 0 3. Add Sec. 43.82 to read as follows: Sec. 43.82 Circuit Capacity Reports. (a) Not later than March 31 of each year: (1) Satellite and Terrestrial Circuits. Each facilities-based common carrier shall file a report showing its active common carrier circuits between the United States and any foreign point as of December 31 of the preceding calendar year in any terrestrial or satellite facility for the provision of service to an end user or resale carrier, which includes active circuits used by themselves or their affiliates. Each non-common carrier satellite licensee shall file a report showing its active circuits between the United States and any foreign point as of December 31 of the preceding calendar year sold or leased to any customer, including themselves or their affiliates, other than a carrier authorized by the Commission to provide U.S. international common carrier services. (2) International Submarine Cable Capacity. (i) The licensee(s) of a submarine cable between the United States and any foreign point shall file a report showing the capacity of the submarine cable as of December 31 of the preceding calendar year. The licensee(s) shall also file a report showing the planned capacity of the submarine cable (the intended capacity of the submarine cable two years from December 31 of the preceding calendar year). Only one cable landing licensee shall file the capacity data for each submarine cable. For cables with more than one licensee, the licensees shall determine which licensee will file the reports. (ii) Each cable landing licensee and common carrier shall file a report showing its capacity on submarine cables between the United States and any foreign point as of December 31 of the preceding calendar year. Note to Paragraph (a): United States is defined in Section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153. (b) A Registration Form, containing information about the filer, such as address, phone number, email address, etc., shall be filed with each report. The Registration Form shall include a certification enabling the filer to check a box to indicate that the filer requests that its circuit capacity data be treated as confidential consistent with Section 0.459(b) of the Commission's rules. (c) Filing Manual. Authority is delegated to the Chief, International Bureau to prepare instructions and reporting requirements for the filing of these reports prepared and published as a Filing Manual. The information required under this Section shall be furnished in conformance with the instructions and reporting requirements in the Filing Manual. 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 4. The authority citation for part 63 continues to read as follows: Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218, 403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless otherwise noted. 0 5. Amend Sec. 63.10 by revising paragraph (c)(2) to read as follows: Sec. 63.10 Regulatory classification of U.S. international carriers. * * * * * (c) * * * (2) File quarterly reports on traffic and revenue within 90 days from the end of each calendar quarter. * * * * * 0 6. Amend Sec. 63.21 by removing and reserving paragraph (d) to read as follows: Sec. 63.21 Conditions applicable to all international Section 214 authorizations. (d) Reserved. 0 7. Amend Sec. 63.22 by revising paragraph (e) to read as follows: Sec. 63.22 Facilities-based international common carriers. * * * * * (e) The carrier shall file annual international circuit capacity reports as required by Sec. 43.82 of this chapter. * * * * * [FR Doc. 2017-07547 Filed 4-14-17; 8:45 am] BILLING CODE 6712-01-P
![18090
Proposed Rules Federal Register
Vol. 82, No. 72
Monday, April 17, 2017
This section of the FEDERAL REGISTER For detailed instructions on Commission’s Secretary, Office of the
contains notices to the public of the proposed submitting comments and additional Secretary, Federal Communications
issuance of rules and regulations. The information on the rulemaking process, Commission.
purpose of these notices is to give interested see the SUPPLEMENTARY INFORMATION • All hand-delivered or messenger-
persons an opportunity to participate in the section of this document. delivered paper filings for the
rule making prior to the adoption of the final Commission’s Secretary must be
rules. FOR FURTHER INFORMATION CONTACT:
David Krech or Arthur Lechtman, delivered to FCC Headquarters at 445
Telecommunications and Analysis 12th St. SW., Room TW–A325,
FEDERAL COMMUNICATIONS Division, International Bureau, FCC, Washington, DC 20554. The filing hours
COMMISSION (202) 418–1480 or via email to are 8:00 a.m. to 7:00 p.m. All hand
David.Krech@fcc.gov or deliveries must be held together with
47 CFR Parts 43 and 63 Arthur.Lechtman@fcc.gov. On PRA rubber bands or fasteners. Any
matters, contact Cathy Williams, Office envelopes and boxes must be disposed
[IB Docket Nos. 17–55 and 16–131, FCC of before entering the building.
17–28] of the Managing Director, FCC, (202)
418–2918 or via email to • Commercial overnight mail (other
Reporting Requirements for U.S. Cathy.Williams@fcc.gov. than U.S. Postal Service Express Mail
Providers of International Services; and Priority Mail) must be sent to 9300
SUPPLEMENTARY INFORMATION: This is a
East Hampton Drive, Capitol Heights,
2016 Biennial Review of summary of the Commission’s Notice of MD 20743.
Telecommunications Regulations Proposed Rulemaking in IB Docket Nos. • U.S. Postal Service first-class,
AGENCY: Federal Communications 16–131 and 17–55, adopted on March Express, and Priority mail must be
Commission. 23, 2017 and released on March 23, addressed to 445 12th Street SW.,
2017. In the Notice of Proposed Washington DC 20554.
ACTION: Proposed rule.
Rulemaking, the Commission seeks
comment on the federal need for the Synopsis
SUMMARY: In this Notice of Proposed
Rulemaking (NPRM), the Federal international services reporting 1. In this NPRM, the Commission
Communications Commission requirements set forth in Section 43.62 seeks comment on the federal need for
(Commission) seeks comment on the of the Commission’s rules. The full text the international services reporting
federal need for the international of this document is available for requirements set forth in section 43.62
services reporting requirements set forth inspection and copying during normal of the Commission’s rules. See
in the Commission’s rules. Those business hours in the FCC Reference Reporting Requirements for U.S.
reporting requirements are the annual Center, 445 12th Street SW., Providers of International
Traffic and Revenue Reports and the Washington, DC 20554. The document Telecommunications Services;
Circuit Capacity Reports. The also is available for download over the Amendment of part 43 of the
Commission believes these reports are Internet at: https://www.fcc.gov/ Commission’s Rules, IB Docket No. 04–
no longer necessary in their current document/section-4362-nprm. 112, Second Report and Order, 78 FR
form. The Commission proposes to 15615 (2013). Those reporting
Comment Filing Procedures
eliminate the annual Traffic and requirements fall into two categories.
Revenue Reports altogether, and seeks Pursuant to 47 CFR 1.415, 1.419, First, the Traffic and Revenue Reports
comment on whether there are ways to interested parties may file comments require providers of international
further streamline the Circuit Capacity and reply comments on or before the telecommunications services to report
Reports. dates indicated above. Comments may annually their traffic and revenue for
be filed using the Commission’s international voice services,
DATES: Submit comments on or before Electronic Comment Filing System international miscellaneous services,
May 17, 2017, and replies on or before (ECFS). See Electronic Filing of and international common carrier
June 1, 2017. Documents in Rulemaking Proceedings, private lines. Second, the Circuit
ADDRESSES: You may submit comments, 63 FR 24121 (1998). Capacity Reports require providers of
identified by IB Docket Nos. 16–131 and • Electronic Filers: Comments may be international telecommunications
17–55, by any of the following methods: filed electronically using the Internet by services to file annual reports
• Federal eRulemaking Portal: http:// accessing the Commission’s ECFS Web identifying the submarine cable,
www.regulations.gov. Follow the site at http://apps.fcc.gov/ecfs/. satellite, and terrestrial capacity
instructions for submitting comments. • Paper Filers: Parties who choose to between the United States and foreign
• Federal Communications file by paper must file an original and points. The Commission believes these
Commission’s ECFS Web site: http:// one copy of each filing. If more than one reports are no longer necessary in their
fjallfoss.fcc.gov/ecfs2/. Follow the docket or rulemaking number appears in current form. The Commission proposes
mstockstill on DSK30JT082PROD with PROPOSALS
instructions for submitting comments. the caption of this proceeding, filers to eliminate the annual Traffic and
• People with Disabilities: Contact the must submit two additional copies for Revenue Reports altogether, and seeks
FCC to request reasonable each additional docket or rulemaking comment on whether there are ways to
accommodations (accessible format number. Filings can be sent by hand or further streamline the Circuit Capacity
documents, sign language interpreters, messenger delivery, by commercial Reports.
CART, etc.) by email to FCC504@ overnight courier, or by first-class or 2. Traffic and Revenue Reports.
fcc.gov, phone: 202–418–0530 (voice), overnight U.S. Postal Service mail. All Currently, any person or entity that
tty: 202–418–0432. filings must be addressed to the holds an international section 214
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![18092 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Proposed Rules
believe that the international traffic and and submitting the data for the 2015 market. Although we collect data from
revenue data collection is no longer annual Traffic and Revenue Reports. We interconnected VoIP providers (354
necessary, and we propose to eliminate estimate that Commission staff will interconnected VoIP providers filed
this reporting requirement. We instead spend 2,218 hours reviewing and Traffic and Revenue Reports in 2015),
believe that more targeted collections, in publishing the data at a total cost of at we do not mandate reporting from non-
response to actual U.S. carrier least $112,076. We seek comment on interconnected VoIP providers, many of
complaints, may provide the these estimates and ask commenters to whose services are free to the customer.
Commission with all the information it provide us with the cost of preparing This indicates that overall consumer
needs. and submitting the Traffic and Revenue rates for international voice traffic may
9. In contrast, we believe that it might Reports. In particular, we seek comment be below those indicated by the reports.
serve the public interest to retain the on the actual time spent to produce the As use of those services continues to
Circuit Capacity Reports. We thus data and ask commenters to provide us increase, it calls into question the
explore whether, instead of eliminating with an average wage rate. AT&T continuing value of the overall traffic
these reports, there are ways we could Services Inc., for example, reported that and revenue data, since such data reveal
streamline or modify this data collection nearly 300 hours were required to only a fraction of the overall picture of
while continuing to meet our statutory prepare its Traffic and Revenue Report. international communications, a
obligations. We also seek comment on the fraction that is likely to grow smaller
10. Traffic and Revenue Reports. We complexity involved in providing data over time. To the extent information is
propose to eliminate the current to the Commission. Do commenters available, we seek comment on what
international Traffic and Revenue have the information required for filing portion of international
Reports requirement. We believe that readily available from their internal telecommunications services is
the costs of this data collection—which systems? Do commenters need to provided by non-interconnected VoIP
are significant both for filers and for the maintain redundant systems or perform services, the projected future growth of
Commission—now exceed the benefits complex analysis on their internal data those services, and their impact on the
of the information. We seek comment on in order to submit their reports? What relevance and accuracy of our current
what effect elimination of this reporting impact, if any, does the complexity of Traffic and Revenue Reports.
requirement will have on U.S. analysis required have on the reliability
consumers and U.S. carriers, and 14. Settlement rates to most foreign
of the data submitted?
whether there may be less burdensome points are also well below the
12. Given the increasing level of
ways for the Commission to obtain data competition on most U.S-international benchmark rate established for that
in order to fulfill its statutory routes, we believe that the benefits of country, indicating that competition has
obligations and protect U.S. interests. the Traffic and Revenue Reports have so driven the rate closer to cost-based
11. The international traffic and diminished that they no longer levels. Though some routes are still
revenue reporting requirement appears outweigh the costs. In the last 20 years, subject to the anti-competitive effects of
to place a significant burden on the since the implementation of the World foreign monopolist providers and
filing entities and the Commission. Trade Organization (WTO) Basic government regulation, for the most part
Although the Commission does not have Telecom Agreement and the U.S.-international routes are
firm numbers on the costs to industry to establishment of the Commission’s competitive. In a recent presentation to
prepare and submit the reports, we have benchmarks settlements policy, the the Expert Group on International
developed estimates of the burdens. international telecommunications sector Telecommunication Regulations,
These estimates have been derived by has become much more competitive on International Telecommunication Union
applying the number of traffic and both the U.S. and foreign ends, as (ITU), the United States noted that
revenue filings in 2016 to the burden government regulations in the United ‘‘[a]ccording to the ITU, a clear majority
estimates in the Paperwork Reduction States and abroad were relaxed, and of countries in all six ITU regions have
Act review process for the annual enabled entry. As a result, both U.S.- competitive markets covering elements
Traffic and Revenue Reports and Circuit international average settlement rates that are essential to the provision of
Capacity Reports. In 2016, 1,888 entities and average IMTS revenue per minute international telecommunication
filed information regarding their 2015 have dropped dramatically. IMTS is services—domestic fixed long-distance,
international traffic and revenue. Of defined as the provision of message mobile, leased lines, and international
those, 1,822 filed only a registration telephone service (MTS) between the gateways. For example, according to
form and did not file any data because United States and a foreign point. The ITU’s 2015 ICTEYE, a majority of
they either did not have any term MTS refers to the transmission and countries have various levels of
international revenues in 2015, or only reception of speech and low-speed dial- competitive markets in domestic and
had less than $5 million in ICS resale up data over the PSTN. Section 43.62 international long distance services and
revenue. Sixty-six filed data for ICS Filing Manual. Average settlement rates more than 75 percent of ITU Member
facilities-based services, International paid out by U.S. carriers have decreased States have competitive international
Private Line Services and/or from $0.18 per minute in 2000 to $0.03 gateways and leased line markets.’’ This
International Miscellaneous Services, per minute in 2014, an 83 percent drop. is due to relaxed government
and 47 of the 66 filed revisions. In 2014, Average facilities ICS revenue per regulations, entry by new carriers, entry
the Commission estimated that filers minute, which is a general measure of by existing incumbents into other
spend one hour preparing and filing the international calling prices, has countries’ markets, technological
mstockstill on DSK30JT082PROD with PROPOSALS
registration form; two hours preparing decreased from $0.47 per minute in developments that have enhanced ease
and filing world total ICS resale data; 2000 to $0.04 per minute in 2014, of entry, and, perhaps most significantly
150 hours preparing and submitting indicating a drop of 85 percent in the for the future, the development of VoIP-
route-by-route data for facilities-based price to consumers for international based alternatives to traditional
ICS and or international private lines; calling. international switched services, such as
and 50 hours preparing and filing 13. Additionally, the data we collect Skype, FaceTime, Viber, or WhatsApp.
revised data. In total, we estimate that may actually understate the Attempts to raise settlement rates by a
industry spent 14,770 hours preparing competitiveness of the international foreign carrier, cartel, or government
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![18096 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Proposed Rules
is aware that some of the proposals file a report showing its active circuits Communications Act of 1934, as amended,
under consideration may impact small between the United States and any 47 U.S.C. 151, 154(i), 154(j), 160, 201–205,
entities. Small entities are encouraged to foreign point as of December 31 of the 214, 218, 403, and 571, unless otherwise
preceding calendar year sold or leased noted.
bring to the Commission’s attention any
specific concerns they may have with to any customer, including themselves ■ 5. Amend § 63.10 by revising
the proposals outlined in the NPRM. or their affiliates, other than a carrier paragraph (c)(2) to read as follows:
38. The Commission expects to authorized by the Commission to
§ 63.10 Regulatory classification of U.S.
consider the economic impact on small provide U.S. international common
international carriers.
entities, as identified in comments filed carrier services.
in response to the NPRM, in reaching its (2) International Submarine Cable * * * * *
Capacity. (i) The licensee(s) of a (c) * * *
final conclusions and taking action in
submarine cable between the United (2) File quarterly reports on traffic and
this proceeding.
States and any foreign point shall file a revenue within 90 days from the end of
List of Subjects report showing the capacity of the each calendar quarter.
47 CFR Part 43 submarine cable as of December 31 of * * * * *
the preceding calendar year. The ■ 6. Amend § 63.21 by removing and
Communications common carriers, reserving paragraph (d) to read as
licensee(s) shall also file a report
Reporting and recordkeeping follows:
showing the planned capacity of the
requirements, Telephone. submarine cable (the intended capacity § 63.21 Conditions applicable to all
47 CFR Part 63 of the submarine cable two years from international Section 214 authorizations.
Communications common carriers, December 31 of the preceding calendar (d) Reserved.
Reporting and recordkeeping year). Only one cable landing licensee ■ 7. Amend § 63.22 by revising
requirements, Telephone. shall file the capacity data for each paragraph (e) to read as follows:
submarine cable. For cables with more
Katura Jackson, than one licensee, the licensees shall § 63.22 Facilities-based international
Federal Register Liaison Officer, Office of the determine which licensee will file the common carriers.
Secretary. reports. * * * * *
(ii) Each cable landing licensee and (e) The carrier shall file annual
Proposed Rules common carrier shall file a report international circuit capacity reports as
For the reasons discussed in the showing its capacity on submarine required by § 43.82 of this chapter.
preamble, the Federal Communications cables between the United States and * * * * *
Commission proposes to amend 47 CFR any foreign point as of December 31 of [FR Doc. 2017–07547 Filed 4–14–17; 8:45 am]
parts 43 and 63 as follows: the preceding calendar year. BILLING CODE 6712–01–P
Note to Paragraph (a): United States is
PART 43—REPORTS OF defined in Section 3 of the Communications
COMMUNICATION COMMON Act of 1934, as amended, 47 U.S.C. 153.
CARRIERS, PROVIDERS OF DEPARTMENT OF TRANSPORTATION
INTERNATIONAL SERVICES AND (b) A Registration Form, containing
information about the filer, such as Federal Motor Carrier Safety
CERTAIN AFFILIATES Administration
address, phone number, email address,
■ 1. The authority citation for Part 43 is etc., shall be filed with each report. The
revised to read as follows: Registration Form shall include a 49 CFR Parts 383, 391, 392, 395 and
certification enabling the filer to check 396
Authority: 47 U.S.C. 154;
Telecommunications Act of 1996; Pub. Law
a box to indicate that the filer requests [Docket No. FMCSA–2017–0114]
104–104, sec. 402(b)(2)(B), (c), 110 Stat. 56 that its circuit capacity data be treated
(1996) as amended unless otherwise noted. as confidential consistent with Section Federal Motor Carrier Safety
47 U.S.C. 211, 219, 220, as amended; Cable 0.459(b) of the Commission’s rules. Regulations: Highly Automated
Landing License Act of 1921, 47 U.S.C. 34– (c) Filing Manual. Authority is Commercial Vehicles; Public Listening
39. delegated to the Chief, International Session
Bureau to prepare instructions and
§ 43.62 [Removed and Reserved] reporting requirements for the filing of AGENCY: Federal Motor Carrier Safety
■ 2. Section 43.62 is removed and these reports prepared and published as Administration (FMCSA), DOT.
reserved. a Filing Manual. The information ACTION: Announcement of public
■ 3. Add § 43.82 to read as follows: required under this Section shall be listening session.
§ 43.82 Circuit Capacity Reports. furnished in conformance with the
SUMMARY: FMCSA announces that it will
instructions and reporting requirements
(a) Not later than March 31 of each hold a public listening session on April
in the Filing Manual.
year: 24, 2017, to solicit information on issues
(1) Satellite and Terrestrial Circuits. PART 63—EXTENSION OF LINES, NEW relating to the design, development,
Each facilities-based common carrier LINES AND DISCONTINUANCE, testing, and deployment of highly
shall file a report showing its active REDUCTION, OUTAGE AND automated commercial vehicles
common carrier circuits between the IMPAIRMENT OF SERVICE BY (HACVs). The listening session will
mstockstill on DSK30JT082PROD with PROPOSALS
United States and any foreign point as COMMON CARRIERS; AND GRANTS provide interested parties an
of December 31 of the preceding OF RECOGNIZED PRIVATE opportunity to share their views and
calendar year in any terrestrial or OPERATING AGENCY STATUS any data or analysis on this topic with
satellite facility for the provision of Agency representatives. FMCSA will
service to an end user or resale carrier, ■ 4. The authority citation for part 63 transcribe all comments and place the
which includes active circuits used by continues to read as follows: transcripts in the docket referenced
themselves or their affiliates. Each non- Authority: Sections 1, 4(i), 4(j), 10, 11, above. FMCSA will webcast the entire
common carrier satellite licensee shall 201–205, 214, 218, 403 and 651 of the proceeding.
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Document Created: 2018-08-25 11:27:18
Document Modified: 2018-08-25 11:27:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Submit comments on or before May 17, 2017, and replies on or before June 1, 2017. | |
| Contact | David Krech or Arthur Lechtman, Telecommunications and Analysis Division, International Bureau, FCC, (202) 418-1480 or via email to [email protected] or [email protected] On PRA matters, contact Cathy Williams, Office of the Managing Director, FCC, (202) 418-2918 or via email to [email protected] | |
| FR Citation | 82 FR 18090 | |
| CFR Citation | 47
CFR
43 47 CFR 63 | |
| CFR Associated | Communications Common Carriers; Reporting and Recordkeeping Requirements and Telephone |
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