82 FR 48774 - Modernizing Common Carrier Rules
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 82, Issue 202 (October 20, 2017)
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48774-48778 | |
| FR Document | 2017-22770 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Rules and Regulations] [Pages 48774-48778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22770] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 36, 42, 54, 63, and 64 [WC Docket No. 15-33; FCC 17-112] Modernizing Common Carrier Rules AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 48775]] SUMMARY: In this document, the Federal Communications Commission (Commission) adopted a Report and Order that eliminates certain rules from which the Commission has granted unconditional forbearance for all carriers, and eliminates references to telegraph service from certain sections of the Commission's rules. The Report and Order updates our rules to remove outmoded regulations from the Code of Federal Regulations (CFR) that no longer reflect current requirements or technology. In so doing, we further our goals of reducing regulatory burdens, eliminating unnecessary rule provisions, and making the agency as efficient and effective as possible. DATES: Effective November 20, 2017. FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, Competition Policy Division, Alex Johns, at (202) 418-1167, [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order (R&O) in WC Docket No. 15-33, adopted September 5, 2017 and released September 8, 2017. The full text of this document is available for public inspection during regular business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY- A257, Washington, DC 20554. It is available on the Commission's Web site at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0908/FCC-17-112A1.pdf. I. Introduction 1. In the R&O, we update our rules to remove outmoded regulations from the Code of Federal Regulations (CFR) that no longer reflect current requirements or technology. Specifically, we eliminate certain rules from which the Commission has granted unconditional forbearance for all carriers, and we eliminate references to telegraph service from certain sections of the Commission's rules. In so doing, we further our goals of reducing regulatory burdens, eliminating unnecessary rule provisions, and making the agency as efficient and effective as possible. 2. The R&O acts on a Notice of Proposed Rulemaking (NPRM) which sought comment on the modifications we adopt here. The NPRM followed (1) two orders adopted in 2013 that, in response to a petition filed by USTelecom, granted forbearance from 126 legacy wireline regulations; and (2) the Process Reform Report, a Commission staff report that recommended eliminating or streamlining rules that are no longer necessary due to marketplace or technology changes. No comments were filed in response to the NPRM. II. Discussion A. Deleting Rules From Which the Commission Granted Forbearance in the 2013 USTelecom Forbearance Orders 3. In many instances in the 2013 USTelecom Forbearance Orders, the Commission granted unconditional forbearance from a requirement, but did not alter the text of the codified rule or remove the rule from the CFR. Thus, the rules appear in the CFR even though the Commission has stated that it will forbear from applying such rules. Absent additional research, a carrier or consumer might mistakenly believe the regulations are still in effect. Therefore, deleting the rules identified below, for which the Commission has granted unconditional forbearance, clarifies carriers' regulatory obligations and ensures that the CFR accurately reflects the Commission's actions with respect to those rules. 4. Specifically, we delete the following CFR provisions from which the Commission has forborne: (1) Sections 42.4, 42.5, and 42.7, which required carriers to preserve certain records; (2) section 64.1, which governed traffic damage claims for carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable service; (3) section 64.301, which required carriers to provide communications services to foreign governments for international communications; (4) section 64.501, which governed telephone companies' obligations when recording telephone conversations; (5) section 64.804(c)-(g), which governed a carrier's recordkeeping and other obligations when it extended unsecured credit for communications services to candidates for federal office; and (6) section 64.5001(a)-(c)(2), and (c)(4), which imposed certain reporting and certification requirements on prepaid calling card providers. B. Other Rules and Requirements Related to Telegraph Service 5. In light of the evolution of technology over many decades away from the use of telegraphs, we find that the references to telegraph service in the rules discussed below are unnecessary and should be deleted. We also grant forbearance from the application of all exit regulation pursuant to section 214(a) of the Communications Act, as amended (the Act), to telegraph service. 6. Section 36.126 of the Separations Rules. Jurisdictional separations is the process by which incumbent local exchange carriers (LECs) apportion regulated costs between intrastate and interstate jurisdictions. As part of this process, section 36.126 identifies equipment that is considered ``Circuit equipment--Category 4.'' Section 36.126 lists examples of such equipment, including ``telegraph system terminals,'' ``telegraph repeaters,'' certain equipment used for ``telegraph . . . testing,'' and ``telegraph carrier terminals.'' To the extent that this equipment is still used, it remains subject to section 36.126, but we delete these terms from the examples provided throughout section 36.126 and we delete the reference to ``telegraph grade private line services'' in section 36.126(e)(3)(iii) to modernize our rules to better reflect today's marketplace. 7. Section 54.706(a)(13) of the Universal Service Rules. Section 54.706(a) requires providers of interstate telecommunications services to contribute to the universal service fund, and subparagraph (a)(13) lists ``telegraph'' as an illustrative example of interstate telecommunications. No entities filing FCC Form 499-A in the past five years indicated that they provide telegraph service, and we are not aware of any interstate telegraph service providers today. Nor did any entities file comments or objections in response to this proposal in the NPRM. As discussed in the NPRM, telegraph service remains theoretically subject to universal service contributions, but it no longer warrants inclusion in the list of examples in section 54.706(a). We therefore, as proposed, delete the term ``telegraph'' in section 54.706(a) to update the rule to better reflect today's marketplace. 8. Section 214(a) Discontinuance Requirement and Part 63 Discontinuance, Reduction, Outage and Impairment Rules. Under section 214(a) of the Act, common carriers must obtain Commission approval before they discontinue, reduce, or impair service to a community or part of a community. To the extent that any carriers still provide telegraph service or may do so in the future, we conclude that it is not necessary to subject them to a requirement to obtain Commission approval before discontinuing, reducing, or impairing such service. We thus grant such providers forbearance from the application of this statutory requirement to telegraph service. We also grant forbearance from the application of the Commission's implementing rules under Part 63 to telegraph service, and we delete the references to ``telegraph'' from those rules. [[Page 48776]] 9. Under section 10 of the Act, 47 U.S.C. 160(a), the Commission is required to forbear from any statutory provision or regulation if it determines that: (1) Enforcement of the regulation is not necessary to ensure that the telecommunications carrier's charges, practices, classifications, or regulations are just, reasonable, and not unjustly or unreasonably discriminatory; (2) enforcement of the regulation is not necessary to protect consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. In the NPRM, we stated our intent to exempt telegraph service from all exit approval requirements by exercising our forbearance authority. No commenters opposed our doing so. In light of market forces and technological advances, we conclude that forbearance from the application of the section 214(a) discontinuance requirement and the Commission's implementing rules to telegraph service is warranted under the section 10 criteria. Telegraph service is obsolete, and we find that no purpose is served by requiring any remaining (or future) providers of telegraph service to file discontinuance applications with the Commission. Nor is the public interest served by maintaining outdated and unnecessary requirements in our rules or by expending future agency resources on the processing of any such applications. To the extent that common-carrier telegraph service will ever be offered in the future, allowing unregulated discontinuance would promote competitive market conditions. Accordingly, we forbear from the application of section 214 exit regulation to telegraph service. Having thus forborne, we also take the opportunity to delete references to telegraph service from our discontinuance rules. III. Procedural Matters 10. Paperwork Reduction Act. This document 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, Public Law 107-198, see 44 U.S.C. 3506(c)(4). 11. Final Regulatory Flexibility Certification. The Regulatory Flexibility Act of 1980, as amended (RFA), 5 U.S.C. 601-612, requires that an initial regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' See 5 U.S.C. 605(b). The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. See 5 U.S.C. 601(3). 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). See 15 U.S.C. 632. 12. This R&O eliminates certain rules from which the Commission granted unconditional forbearance for all carriers three years ago, and also eliminates references to telegraph service from certain sections of the Commission's rules. As noted in this Report and Order, in the 2013 USTelecom Forbearance Orders, the Commission granted unconditional forbearance from certain requirements, but did not alter the text of the codified rule or remove the rule from the CFR. Thus, the rules appear in the CFR even though the Commission has stated that it will forbear from applying such rules. In addition, a number of wireline rule provisions continue to reference telegraph service, which appears to have a limited role, at best, in the marketplace. 13. The Commission is committed to removing unnecessary requirements to reflect new technologies and changing market conditions. Deleting these rules and references clarifies carriers' (including small entities') regulatory obligations and ensures that the CFR accurately reflects the Commission's intended approach to those rules. Therefore, we certify that the requirements of this Report and Order will not have a significant economic impact on a substantial number of small entities. 14. Congressional Review Act. The Commission will send a copy of this R&O, including a copy of the Final Regulatory Flexibility Certification, in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). In addition, the R&O and this final certification will be sent to the Chief Counsel for Advocacy of the SBA, and will be published in the Federal Register, see 5 U.S.C. 605(b). IV. Ordering Clauses 15. Accordingly, it is ordered, pursuant to sections 10, 201, 214, 218-221, 254, 403, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 160, 201, 214, 218-221, 254, 403, 410, and section 401 of the Federal Election Campaign Act of 1971, as amended, 52 U.S.C. 30141, that this Report and Order is adopted. 16. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. 17. It is further ordered that this Report and Order shall be effective 30 days after publication of the text or a summary thereof in the Federal Register. 18. It is further ordered that the Commission's rules are hereby amended, effective November 20, 2017. 19. It is further ordered that, should no petitions for reconsideration or petitions for judicial review be timely filed, WC Docket No. 15-33 shall be terminated and its docket closed. List of Subjects in 47 CFR Parts 36, 42, 54, 63 and 64 Communications common carriers, Radio, Reporting and recordkeeping requirements, Telecommunications, Telegraph, and Telephone. Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 36, 42, 54, 63, and 64 as follows: PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES 0 1. The authority citation for part 36 continues to read as follows: Authority: 47 U.S.C. 151, 154(i) and (j), 205, 221(c), 254, 303(r), 403, 410, and 1302 unless otherwise noted. 0 2. Section 36.126 is amended by revising paragraphs (a)(1) and (2), (a)(8), the first and second sentence of [[Page 48777]] paragraph (b)(4), and paragraphs (d)(1), (e)(1) and (e)(3)(iii) to read as follows: Sec. 36.126 Circuit equipment--Category 4. (a) * * * (1) Carrier telephone system terminals. (2) Telephone repeaters, termination sets, impedance compensators, pulse link repeaters, echo suppressors and other intermediate transmission amplification and balancing equipment except that included in switchboards. * * * * * (8) Testboards, test desks, repair desks and patch bays, including those provided for test and control, and for transmission testing. (b) * * * (4) In addition, for the purpose of identifying and separating property associated with special services, circuit equipment included in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is identified as either basic circuit equipment, i.e., equipment that performs functions necessary to provide and operate channels suitable for voice transmission (telephone grade channels), or special circuit equipment, i.e., equipment that is peculiar to special service circuits. Carrier telephone terminals and carrier telephone repeaters are examples of basic circuit equipment in general use, while audio program transmission amplifiers, bridges, monitoring devices and volume indicators are examples of special circuit equipment in general use. * * * * * * * * (d) * * * (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use--Category 4.21--This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. * * * * * (e) * * * (1) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use Category--4.21--This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. * * * * * (3) * * * (iii) The cost of special circuit equipment is segregated among private line services based on an analysis of the use of the equipment and in accordance with Sec. 36.126(b)(4). The special circuit equipment cost assigned to private line services is directly assigned to the appropriate operations. * * * * * PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS 0 3. The authority citation for part 42 continues to read as follows: Authority: Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C. 154(i). Interprets or applies secs. 219 and 220, 48 Stat. 1077-78, 47 U.S.C. 219, 220. Sec. 42.4 [Removed] 0 4. Remove Sec. 42.4. Sec. 42.5 [Removed] 0 5. Remove Sec. 42.5. Sec. 42.7 [Removed] 0 6. Remove Sec. 42.7. PART 54--UNIVERSAL SERVICE 0 7. The authority citation for part 54 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted. Sec. 54.706 [Amended] 0 8. Section 54.706 is amended by removing and reserving paragraph (a)(13). 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 9. 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 10. Section 63.60 is amended by revising paragraph (c) to read as follows: Sec. 63.60 Definitions. * * * * * (c) Emergency discontinuance, reduction, or impairment of service means any discontinuance, reduction, or impairment of the service of a carrier occasioned by conditions beyond the control of such carrier where the original service is not restored or comparable service is not established within a reasonable time. For the purpose of this part, a reasonable time shall be deemed to be a period not in excess of the following: 10 days in the case of public coast stations; and 60 days in all other cases. * * * * * 0 11. Section 63.61 is amended by revising the introductory text to read as follows: Sec. 63.61 Applicability. Any carrier subject to the provisions of section 214 of the Communications Act of 1934, as amended, proposing to discontinue, reduce or impair interstate or foreign telephone service to a community, or a part of a community, shall request authority therefor by formal application or informal request as specified in the pertinent sections of this part: * * * * * 0 12. Section 63.62 is amended by revising the section heading to read as follows: Sec. 63.62 Type of discontinuance, reduction, or impairment of telephone service requiring formal application. * * * * * Sec. 63.65 [Amended] 0 13. Section 63.65 is amended by removing and reserving paragraph (a)(4). 0 14. Section 63.500 is amended by revising paragraph (g) to read as follows: Sec. 63.500 Contents of applications to dismantle or remove a trunk line. * * * * * (g) Name of any other carrier or carriers providing telephone service to the community; * * * * * 0 15. Section 63.501 is amended by revising paragraph (g) to read as follows: Sec. 63.501 Contents of applications to sever physical connection or to terminate or suspend interchange of traffic with another carrier. * * * * * (g) Name of any other carrier or carriers providing telephone service to the community; * * * * * 0 16. Section 63.504 is amended by revising paragraph (k) to read as follows: [[Page 48778]] Sec. 63.504 Contents of applications to close a public toll station where no other such toll station of the applicant in the community will continue service and where telephone toll service is not otherwise available to the public through a telephone exchange connected with the toll lines of a carrier. * * * * * (k) Description of the service involved, including a statement of the number of toll telephone messages sent-paid and received-collect, and the revenues from such traffic, in connection with the service proposed to be discontinued for each of the past 6 months; and, if the volume of such traffic handled in the area has decreased during recent years, the reasons therefor. * * * * * PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 0 17. The authority citation for part 64 continues to read as follows: Authority: 47 U.S.C. 154, 254(k), 403(b)(2)(B), (c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 227, 228, 254(k), 276, 616, 620, and the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, unless otherwise noted. Subpart A--[Removed and Reserved] 0 18. Remove and reserve subpart A, consisting of Sec. 64.1. Subpart C--[Removed and Reserved] 0 19. Remove and reserve subpart C, consisting of Sec. 64.301. Subpart E--[Removed and Reserved] 0 20. Remove and reserve subpart E, consisting of Sec. 64.501. Sec. 64.804 [Amended] 0 20. Section 64.804 is amended by removing paragraphs (c) through (g). 0 21. Section 64.5001 is revised to read as follows: Sec. 64.5001 Reporting and certification requirements. On a quarterly basis, every prepaid calling card provider must submit to the Commission a certification with respect to the prior quarter, signed by an officer of the company under penalty of perjury, stating that it is making the required Universal Service Fund contribution. This provision shall not apply to any prepaid calling card provider that has timely filed required annual and quarterly Telecommunications Reporting Worksheets, FCC Forms 499-A and 499-Q, during the preceding two-year period. [FR Doc. 2017-22770 Filed 10-19-17; 8:45 am] BILLING CODE 6712-01-P
![48774 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
interdiction systems; Section 20.18(r), faith, if one CMRS licensee in the area careful consideration of the record, the
Contraband Interdiction System (CIS) fails to engage in lease negotiations in Commission imposed a rule that, 10
requirement; Section 20.23(a), good a reasonable time frame or at all, the CIS days prior to deploying a CIS that
faith negotiations. solution will not be effective. The lack prevents communications to or from
Form Number: N/A. of cooperation of even a single wireless mobile devices, a lessee must notify the
Respondents: Businesses or other for provider in a geographic area of a community in which the correctional
profit entities and state, local or Tribal correctional facility can result in facility is located, and the Commission
Governments. deployment of a system with amended its spectrum leasing rules to
Number of Respondents and insufficient spectral coverage, subject to reflect this requirement. The
Responses: 26 respondents and 28 abuse by inmates in possession of Commission agreed with commenters
responses. contraband wireless devices operating that support notification of the
Estimated Time per Response: 8–16 on frequencies not covered by a surrounding community due to the
hours. spectrum lease agreement. While some potential for accidental call blocking
Frequency of Response: On occasion carriers have been cooperative, it is and the public safety issues involved.
reporting requirement. imperative that all CMRS licensees be The information provided in the
Obligation to Respond: There is no required to engage in lease negotiations notification will put the houses and
obligation to respond; response required in good faith and in a timely fashion. businesses in the surrounding
to obtain benefits. The statutory Therefore, the Commission adopted a community on notice that a CIS will be
authority for this collection is contained rule requiring that CMRS licensees deployed in the vicinity that has the
in 47 U.S.C. 151, 152, 154(i), 154(j), 301, negotiate in good faith with entities potential for accidental call blocking.
302a, 303, 307, 308, 309, 310, and 332. seeking to deploy a CIS in a correctional Acknowledging the importance of
Total Annual Burden: 325 hours. facility. If, after a 45 day period, there ensuring the availability of emergency
Total Annual Cost: No cost. is no agreement, CIS providers seeking 911 calls from correctional facilities,
Nature and Extent of Confidentiality: Special Temporary Authority (STA) to and the fact that delivering emergency
There is no need for confidentiality with operate in the absence of CMRS licensee calls to public safety answering points
this collection of information. consent may file a request for STA with (PSAPs) facilitates public safety services
Privacy Act: No impact(s). the Wireless Telecommunications and generally serves the public interest,
Needs and Uses: On March 24, 2017, the Commission amended its rules to
Bureau (WTB), with a copy served at the
the Federal Communications require that CIS providers regulated as
same time on the CMRS licensee,
Commission released a Report and accompanied by evidence private mobile radio service (PMRS)
Order, Promoting Technological demonstrating its good faith, and the must route all 911 calls to the local
Solutions to Combat Contraband unreasonableness of the CMRS PSAP. That said, the Commission also
Wireless Devices in Correctional licensee’s actions, in negotiating an acknowledged the important role state
Facilities, GN Docket No. 13–111, FCC agreement. The CMRS licensee may and local public safety officials play in
17–25 (Report and Order), in which the then file a response with WTB, with a the administration of the 911 system.
Commission took important steps to copy served on the CIS provider at that Accordingly, although the CIS provider
help law enforcement combat the time, within 10 days of the filing of the is required to pass through emergency
serious threats posed by the illegal use STA request. 911 calls, the PSAPs can inform the CIS
of contraband wireless devices by The supplementary information provider that they do not want to
inmates. Across the country, inmates provided along with the STA receive calls from a given correctional
have used contraband devices to order application by the CIS provider will be facility. By allowing the PSAPs to
hits, run drug operations, operate phone used by WTB to determine whether the decline the emergency 911 calls, the
scams, and otherwise engage in criminal CIS provider has negotiated in good Commission recognized the reported
activity that endangers prison faith, yet the CMRS licensee has not increased volume of PSAP harassment
employees, other inmates, and innocent negotiated in good faith. The CMRS through repeated inmate fraudulent 911
members of the public. In the Report licensee may use the evidence calls. The information provided by the
and Order, the Commission streamlined accompanying the STA application to PSAP or emergency authority will result
the process of deploying contraband craft a response. WTB will analyze the in the CIS provider not passing through
wireless device interdiction systems— evidence from the CIS providers and the E911 calls from a particular correctional
systems that use radio communications CMRS licensee’s response to determine facility.
signals requiring Commission whether to issue STA to the entity
authorization—in correctional facilities. Federal Communications Commission.
seeking to deploy the CIS.
The action will reduce the cost of The Commission explored whether it Marlene H. Dortch,
deploying solutions and ensure that should impose a requirement that the Secretary.
they can be deployed more quickly and community in the vicinity of a [FR Doc. 2017–22635 Filed 10–19–17; 8:45 am]
efficiently. In particular, the correctional facility where a CIS is BILLING CODE 6712–01–P
Commission waived certain filing installed be notified of the installation.
requirements and provided for The Commission explained that a goal
immediate approval of the spectrum of the proceeding is to expedite the FEDERAL COMMUNICATIONS
lease applications needed to operate deployment of technological solutions COMMISSION
these systems. to combat the use of contraband
The effectiveness of Contraband wireless devices, not to impose 47 CFR Parts 36, 42, 54, 63, and 64
Interdiction System (CIS) deployment
nlaroche on DSK9F9SC42PROD with RULES
unnecessary barriers to CIS deployment. [WC Docket No. 15–33; FCC 17–112]
requires all carriers in the relevant area Consistent with that goal, the
of the correctional facility to execute a Commission found that a flexible and Modernizing Common Carrier Rules
spectrum lease with the CIS provider. community-tailored notification AGENCY: Federal Communications
Even if the major Commercial Mobile requirement for certain CISs outweighed Commission.
Radio Services (CMRS) licensees the minimal burden of notification and
ACTION: Final rule.
negotiate expeditiously and in good furthered the public interest. After
VerDate Sep<11>2014 14:59 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1](https://thefederalregister.org/doc/82_FR_48976/page/1.svg)
![Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations 48777
paragraph (b)(4), and paragraphs (d)(1), terminals and microwave systems used § 63.60 Definitions.
(e)(1) and (e)(3)(iii) to read as follows: wholly for interstate services. The total * * * * *
cost of the circuit equipment in this (c) Emergency discontinuance,
§ 36.126 Circuit equipment—Category 4. category for the study area is assigned reduction, or impairment of service
(a) * * * to the interstate operation. means any discontinuance, reduction,
(1) Carrier telephone system * * * * * or impairment of the service of a carrier
terminals. occasioned by conditions beyond the
(3) * * *
(2) Telephone repeaters, termination control of such carrier where the
sets, impedance compensators, pulse (iii) The cost of special circuit
equipment is segregated among private original service is not restored or
link repeaters, echo suppressors and comparable service is not established
other intermediate transmission line services based on an analysis of the
within a reasonable time. For the
amplification and balancing equipment use of the equipment and in accordance
purpose of this part, a reasonable time
except that included in switchboards. with § 36.126(b)(4). The special circuit
shall be deemed to be a period not in
equipment cost assigned to private line
* * * * * excess of the following: 10 days in the
services is directly assigned to the
(8) Testboards, test desks, repair desks case of public coast stations; and 60
appropriate operations.
and patch bays, including those days in all other cases.
provided for test and control, and for * * * * *
* * * * *
transmission testing. ■ 11. Section 63.61 is amended by
PART 42—PRESERVATION OF
(b) * * * revising the introductory text to read as
RECORDS OF COMMUNICATION
(4) In addition, for the purpose of follows:
COMMON CARRIERS
identifying and separating property
associated with special services, circuit § 63.61 Applicability.
■ 3. The authority citation for part 42
equipment included in Categories 4.12 continues to read as follows: Any carrier subject to the provisions
(other than wideband equipment) 4.13 of section 214 of the Communications
and 4.23 is identified as either basic Authority: Sec. 4(i), 48 Stat. 1066, as Act of 1934, as amended, proposing to
amended, 47 U.S.C. 154(i). Interprets or discontinue, reduce or impair interstate
circuit equipment, i.e., equipment that
applies secs. 219 and 220, 48 Stat. 1077–78,
performs functions necessary to provide or foreign telephone service to a
47 U.S.C. 219, 220.
and operate channels suitable for voice community, or a part of a community,
transmission (telephone grade § 42.4 [Removed] shall request authority therefor by
channels), or special circuit equipment, formal application or informal request
■ 4. Remove § 42.4. as specified in the pertinent sections of
i.e., equipment that is peculiar to special
service circuits. Carrier telephone § 42.5 [Removed] this part:
terminals and carrier telephone * * * * *
repeaters are examples of basic circuit ■ 5. Remove § 42.5.
■ 12. Section 63.62 is amended by
equipment in general use, while audio § 42.7 [Removed] revising the section heading to read as
program transmission amplifiers, follows:
bridges, monitoring devices and volume ■ 6. Remove § 42.7.
indicators are examples of special § 63.62 Type of discontinuance, reduction,
PART 54—UNIVERSAL SERVICE or impairment of telephone service
circuit equipment in general use. * * *
requiring formal application.
* * * * * ■ 7. The authority citation for part 54
(d) * * * * * * * *
continues to read as follows:
(1) Interexchange Circuit Equipment § 63.65 [Amended]
Authority: 47 U.S.C. 151, 154(i), 155, 201,
Furnished to Another Company for 205, 214, 219, 220, 254, 303(r), 403, and 1302 ■ 13. Section 63.65 is amended by
Interstate Use—Category 4.21—This unless otherwise noted. removing and reserving paragraph (a)(4).
category comprises that circuit
§ 54.706 [Amended] ■ 14. Section 63.500 is amended by
equipment provided for the use of
another company as an integral part of revising paragraph (g) to read as follows:
■ 8. Section 54.706 is amended by
its interexchange circuit facilities used removing and reserving paragraph § 63.500 Contents of applications to
wholly for interstate services. This (a)(13). dismantle or remove a trunk line.
category includes such circuit * * * * *
equipment as telephone carrier PART 63—EXTENSION OF LINES, NEW (g) Name of any other carrier or
terminals and microwave systems used LINES, AND DISCONTINUANCE, carriers providing telephone service to
wholly for interstate services. The total REDUCTION, OUTAGE AND the community;
cost of the circuit equipment in this IMPAIRMENT OF SERVICE BY * * * * *
category for the study area is assigned COMMON CARRIERS; AND GRANTS ■ 15. Section 63.501 is amended by
to the interstate operation. OF RECOGNIZED PRIVATE revising paragraph (g) to read as follows:
* * * * * OPERATING AGENCY STATUS
(e) * * * § 63.501 Contents of applications to sever
(1) Interexchange Circuit Equipment ■ 9. The authority citation for part 63 physical connection or to terminate or
Furnished to Another Company for continues to read as follows: suspend interchange of traffic with another
Interstate Use Category—4.21—This carrier.
Authority: Sections 1, 4(i), 4(j), 10, 11,
category comprises that circuit * * * * *
nlaroche on DSK9F9SC42PROD with RULES
201–205, 214, 218, 403 and 651 of the
equipment provided for the use of Communications Act of 1934, as amended, (g) Name of any other carrier or
another company as an integral part of 47 U.S.C. 151, 154(i), 154(j), 160, 201–205, carriers providing telephone service to
its interexchange circuit facilities used 214, 218, 403, and 571, unless otherwise the community;
wholly for interstate services. This noted. * * * * *
category includes such circuit ■ 10. Section 63.60 is amended by ■ 16. Section 63.504 is amended by
equipment as telephone carrier revising paragraph (c) to read as follows: revising paragraph (k) to read as follows:
VerDate Sep<11>2014 14:59 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1](https://thefederalregister.org/doc/82_FR_48976/page/4.svg)
![48778 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
§ 63.504 Contents of applications to close Authority: 47 U.S.C. 154, 254(k), ■ 21. Section 64.5001 is revised to read
a public toll station where no other such toll 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. as follows:
station of the applicant in the community 56. Interpret or apply 47 U.S.C. 201, 218, 222,
will continue service and where telephone 225, 226, 227, 228, 254(k), 276, 616, 620, and § 64.5001 Reporting and certification
toll service is not otherwise available to the the Middle Class Tax Relief and Job Creation requirements.
public through a telephone exchange Act of 2012, Pub. L. 112–96, unless otherwise
connected with the toll lines of a carrier. noted. On a quarterly basis, every prepaid
* * * * * calling card provider must submit to the
(k) Description of the service Subpart A—[Removed and Reserved] Commission a certification with respect
involved, including a statement of the to the prior quarter, signed by an officer
number of toll telephone messages sent- ■ 18. Remove and reserve subpart A, of the company under penalty of
paid and received-collect, and the consisting of § 64.1. perjury, stating that it is making the
revenues from such traffic, in required Universal Service Fund
connection with the service proposed to Subpart C—[Removed and Reserved]
contribution. This provision shall not
be discontinued for each of the past 6 apply to any prepaid calling card
months; and, if the volume of such ■ 19. Remove and reserve subpart C,
consisting of § 64.301. provider that has timely filed required
traffic handled in the area has decreased annual and quarterly
during recent years, the reasons Subpart E—[Removed and Reserved] Telecommunications Reporting
therefor. Worksheets, FCC Forms 499–A and
* * * * * ■ 20. Remove and reserve subpart E, 499–Q, during the preceding two-year
consisting of § 64.501. period.
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS [FR Doc. 2017–22770 Filed 10–19–17; 8:45 am]
§ 64.804 [Amended]
BILLING CODE 6712–01–P
■ 17. The authority citation for part 64 ■ 20. Section 64.804 is amended by
continues to read as follows: removing paragraphs (c) through (g).
nlaroche on DSK9F9SC42PROD with RULES
VerDate Sep<11>2014 14:59 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\20OCR1.SGM 20OCR1](https://thefederalregister.org/doc/82_FR_48976/page/5.svg)
Document Created: 2017-10-20 00:06:21
Document Modified: 2017-10-20 00:06:21
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective November 20, 2017. | |
| Contact | Wireline Competition Bureau, Competition Policy Division, Alex Johns, at (202) 418-1167, [email protected] | |
| FR Citation | 82 FR 48774 | |
| CFR Citation | 47
CFR
36 47 CFR 42 47 CFR 54 47 CFR 63 47 CFR 64 | |
| CFR Associated | Communications Common Carriers; Radio; Reporting and Recordkeeping Requirements; Telecommunications; Telegraph and Telephone |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR