82 FR 56570 - Sunset Order; Access Charge Reform; Business Data Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range		56570-56571
FR Document		2017-25674

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, an information collection associated with the Commission's Business Data Services Report and Order, FCC 17-43, which reformed the business data services/special access regulations for incumbent and competitive LECs. The Commission's reforms included replacing the application-based pricing flexibility rules with a new framework for determining the circumstances under which business data services will be subject to ex ante pricing regulation. The Commission amended its rules to specify that its pricing flexibility rules no longer apply to business data services. The Commission also limited the circumstances under which price cap LECs must file their business data services contracts as contract-based tariffs. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of this rule.

Federal Register, Volume 82 Issue 228 (Wednesday, November 29, 2017)

[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56570-56571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25674]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 69

[WC Docket Nos. 16-143, 05-25, GN Docket No. 13-5 and RM-10593; FCC 17-
43]


Sunset Order; Access Charge Reform; Business Data Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
an information collection associated with the Commission's Business 
Data Services Report and Order, FCC 17-43, which reformed the business 
data services/special access regulations for incumbent and competitive 
LECs. The Commission's reforms included replacing the application-based 
pricing flexibility rules with a new framework for determining the 
circumstances under which business data services will

[[Page 56571]]

be subject to ex ante pricing regulation. The Commission amended its 
rules to specify that its pricing flexibility rules no longer apply to 
business data services. The Commission also limited the circumstances 
under which price cap LECs must file their business data services 
contracts as contract-based tariffs. This document is consistent with 
the Order, which stated that the Commission would publish a document in 
the Federal Register announcing the effective date of this rule.

DATES: The amendments to Sec. Sec.  1.776 and 69.701 of the 
Commission's rules, published at June 2, 2017, 82 FR 25660, are 
effective November 29, 2017.

FOR FURTHER INFORMATION CONTACT: William Kehoe, Pricing Policy 
Division, Wireline Competition Bureau, at (202) 418-7122, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on November 7, 
2017, OMB approved, for a period of three years, the changes in 
information collection requirements relating to Sec. Sec.  1.774, 1.776 
and 69.701 of the Commission's rules, as contained in the Commission's 
Business Data Services Report and Order, FCC 17-43, published at 82 FR 
25660, June 2, 2017. The OMB Control Number is 3060-0760. The 
Commission publishes this document as an announcement of the effective 
date of Sec. Sec.  1.776 and 69.701 of the Commission's rules. If you 
have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Nicole Ongele, Federal Communications 
Commission, Room 1-A620, 445 12th Street SW., Washington, DC 20554. 
Please include the OMB Control Number, 3060-0760, in your 
correspondence. The Commission will also accept your comments via email 
at [email protected]. To request materials in accessible formats for people 
with disabilities (Braille, large print, electronic files, audio 
format), send an email to [email protected] or call the Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on November 7, 2017, for the information collection 
requirements contained in the modifications to Sec. Sec.  1.774, 1.776, 
and 69.701 of the Commission's rules. Under 5 CFR part 1320, an agency 
may not conduct or sponsor a collection of information unless it 
displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0760.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0760.
    OMB Approval Date: November 7, 2017.
    OMB Expiration Date: November 30, 2020.
    Title: 272 Sunset Order, WC Docket No. 06-120; Access Charge 
Reform, CC Docket No. 96-262, First Report and Order; Second Order on 
Reconsideration and Memorandum Opinion and Order; and Fifth Report and 
Order; Business Data Services Report and Order, WC Docket No. 16-143 et 
al.
    Form Number: N/A.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 13 respondents; 66 responses.
    Estimated Time per Response: 3-80 hours.
    Frequency of Response: One-time reporting requirement; on-occasion 
reporting requirement; third-party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 1, 4(i) through (j), 201 through 205, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) through 
(j), 201 through 205, and 303(r).
    Total Annual Burden: 1,256 hours.
    Total Annual Cost: $61,050.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The information requested is 
not of a confidential nature. However, respondents may request 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: On April 28, 2017, the Commission released the 
Business Data Services Order, WC Docket No. 16-143 et al., FCC 17-43, 
reforming the business data services/special access regulations for 
incumbent and competitive LECs. The Commission's reforms included 
replacing the application-based pricing flexibility rules with a new 
framework under which: (a) Packet-based services, time division 
multiplexing (TDM) services with bandwidth greater than 45 mbps, and 
TDM transport services are not subject to ex ante pricing regulation; 
(b) a new standard is applied to determine the extent to which the 
Commission regulates price cap LECs' TDM end user channel terminations 
with bandwidth less than 45 mbps and certain other low bandwidth 
business data services. Under this standard, a price cap LEC is not 
subject to ex ante pricing regulation in the provision of these 
services in counties deemed competitive under the Commission's 
competitive market test or for which the price cap LEC previously 
obtained Phase II pricing flexibility; (c) the price cap LEC is subject 
to ex ante pricing regulation in other counties where it is the 
incumbent LEC, but in these counties the price cap LEC has downward 
pricing flexibility (i.e., the equivalent of Phase I pricing 
flexibility under the prior rules); and (d) the Commission will update 
the competitive market test results every three years using data 
already collected in FCC Form 477.
    Among other rules changes, the Business Data Services Order 
repealed Sec.  1.774, which set forth requirements for pricing 
flexibility applications, and added Sec.  1.776, which limits the 
circumstances under which price cap LECs must file their business data 
services contracts as contract-based tariffs. The Commission also 
amended Sec.  69.701 of its rules to specify that its pricing 
flexibility rules no longer apply to business data services.


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-25674 Filed 11-28-17; 8:45 am]
 BILLING CODE 6712-01-P

56570 Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

about this rule or any policy or action environment. This rule involves a safety transiting through, anchoring in, or
of the Coast Guard. zone lasting only during inbound transit remaining within the regulated area of
and cargo operations of the M/V SWAN. the safety zone unless authorized by the
C. Collection of Information
It is categorically excluded from further COTP Savannah or a designated
This rule will not call for a new review under paragraph 34(g) of Figure representative.
collection of information under the 2–1 of the Commandant Instruction. A (2) Persons or vessels desiring to
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration enter, transit through, anchor in, or
U.S.C. 3501–3520). supporting this determination is remain within the safety zone may
D. Federalism and Indian Tribal available in the docket where indicated contact COTP Savannah by telephone at
Governments under ADDRESSES. (912) 652–4353, or a designated
representative via VHF radio on channel
A rule has implications for federalism G. Protest Activities
16, to request authorization. If
under Executive Order 13132, The Coast Guard respects the First authorization to enter, transit through,
Federalism, if it has a substantial direct Amendment rights of protesters. anchor in, or remain within the
effect on the States, on the relationship Protesters are asked to contact the regulated area is granted by the COTP
between the national government and person listed in the FOR FURTHER Savannah or a designated
the States, or on the distribution of INFORMATION CONTACT section to representative, all persons and vessels
power and responsibilities among the coordinate protest activities so that your receiving such authorization must
various levels of government. We have message can be received without comply with the instructions of the
analyzed this rule under that Order and jeopardizing the safety or security of COTP Savannah or a designated
have determined that it is consistent people, places or vessels. representative.
with the fundamental federalism (3) The Coast Guard will provide
principles and preemption requirements List of Subjects in 33 CFR Part 165
notice of the regulated areas by Local
described in Executive Order 13132. Harbors, Marine safety, Navigation Notice to Mariners, Broadcast Notice to
Also, this rule does not have tribal (water), Reporting and recordkeeping Mariners, Marine Safety Security
implications under Executive Order requirements, Security measures, Bulletins, and on-scene designated
13175, Consultation and Coordination Waterways. representatives.
with Indian Tribal Governments, For the reasons discussed in the (d) Enforcement period. This rule will
because it does not have a substantial preamble, the Coast Guard amends 33 be enforced from November 21, 2017
direct effect on one or more Indian CFR part 165 as follows: through December 2, 2017.
tribes, on the relationship between the
Federal Government and Indian tribes, Dated: November 17, 2017.
PART 165—REGULATED NAVIGATION
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS Norm C. Witt,
responsibilities between the Federal Commander, U.S. Coast Guard, Captain of
Government and Indian tribes. If you ■ 1. The authority citation for part 165 the Port Savannah.
believe this rule has implications for continues to read as follows: [FR Doc. 2017–25751 Filed 11–28–17; 8:45 am]
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; BILLING CODE 9110–04–P
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
FURTHER INFORMATION CONTACT section Department of Homeland Security
above. Delegations No. 0170.1. FEDERAL COMMUNICATIONS
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T07–0977 to read as COMMISSION
follows:
The Unfunded Mandates Reform Act 47 CFR Parts 1 and 69
of 1995 (2 U.S.C. 1531–1538) requires § 165.T07–0977 Safety Zone; Crane Transit
and Unloading from M/V SWAN, Savannah [WC Docket Nos. 16–143, 05–25, GN Docket
Federal agencies to assess the effects of
River, Savannah, GA. No. 13–5 and RM–10593; FCC 17–43]
their discretionary regulatory actions. In
particular, the Act addresses actions (a) Regulated area. The following Sunset Order; Access Charge Reform;
that may result in the expenditure by a areas are established as safety zones: Business Data Services
State, local, or tribal government, in the (1) All waters of the Savannah River
aggregate, or by the private sector of within one nautical mile ahead and AGENCY: Federal Communications
$100,000,000 (adjusted for inflation) or astern of the M/V SWAN as it transits Commission.
more in any one year. Though this rule from the Savannah River entrance to ACTION: Final rule; announcement of
will not result in such an expenditure, Garden City Terminal. effective date.
we do discuss the effects of this rule (2) All waters within a 500-yard
elsewhere in this preamble. radius around the M/V SWAN while SUMMARY: In this document, the
conducting cargo operations at Garden Commission announces that the Office
F. Environment City Terminal. of Management and Budget (OMB) has
We have analyzed this rule under (b) Definition. As used in this section, approved, for a period of three years, an
Department of Homeland Security ‘‘designated representative’’ means information collection associated with
Management Directive 023–01 and Coast Guard Patrol Commanders, the Commission’s Business Data
Commandant Instruction M16475.lD, including Coast Guard coxswains, petty Services Report and Order, FCC 17–43,
which guide the Coast Guard in officers, and other officers operating which reformed the business data
pmangrum on DSK3GDR082PROD with RULES

complying with the National Coast Guard vessels or aircraft, and services/special access regulations for
Environmental Policy Act of 1969 (42 federal, state, and local officers incumbent and competitive LECs. The
U.S.C. 4321–4370f), and have designated by or assisting the Captain of Commission’s reforms included
determined that this action is one of a the Port (COTP) Savannah in the replacing the application-based pricing
category of actions that do not enforcement of the regulated areas. flexibility rules with a new framework
individually or cumulatively have a (c) Regulations. (1) All persons and for determining the circumstances
significant effect on the human vessels are prohibited from entering, under which business data services will

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Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations 56571

be subject to ex ante pricing regulation. information unless it displays a current, reforms included replacing the
The Commission amended its rules to valid OMB Control Number. application-based pricing flexibility
specify that its pricing flexibility rules No person shall be subject to any rules with a new framework under
no longer apply to business data penalty for failing to comply with a which: (a) Packet-based services, time
services. The Commission also limited collection of information subject to the division multiplexing (TDM) services
the circumstances under which price Paperwork Reduction Act that does not with bandwidth greater than 45 mbps,
cap LECs must file their business data display a current, valid OMB Control and TDM transport services are not
services contracts as contract-based Number. The OMB Control Number is subject to ex ante pricing regulation; (b)
tariffs. This document is consistent with 3060–0760. a new standard is applied to determine
the Order, which stated that the The foregoing notice is required by the extent to which the Commission
Commission would publish a document the Paperwork Reduction Act of 1995, regulates price cap LECs’ TDM end user
in the Federal Register announcing the Public Law 104–13, October 1, 1995, channel terminations with bandwidth
effective date of this rule. and 44 U.S.C. 3507. less than 45 mbps and certain other low
DATES: The amendments to §§ 1.776 and The total annual reporting burdens bandwidth business data services.
69.701 of the Commission’s rules, and costs for the respondents are as Under this standard, a price cap LEC is
published at June 2, 2017, 82 FR 25660, follows: not subject to ex ante pricing regulation
are effective November 29, 2017. OMB Control Number: 3060–0760. in the provision of these services in
FOR FURTHER INFORMATION CONTACT: OMB Approval Date: November 7, counties deemed competitive under the
William Kehoe, Pricing Policy Division, 2017. Commission’s competitive market test
Wireline Competition Bureau, at (202) OMB Expiration Date: November 30, or for which the price cap LEC
418–7122, or email: william.kehoe@ 2020. previously obtained Phase II pricing
fcc.gov. Title: 272 Sunset Order, WC Docket flexibility; (c) the price cap LEC is
No. 06–120; Access Charge Reform, CC subject to ex ante pricing regulation in
SUPPLEMENTARY INFORMATION: This Docket No. 96–262, First Report and
document announces that, on November other counties where it is the incumbent
Order; Second Order on LEC, but in these counties the price cap
7, 2017, OMB approved, for a period of Reconsideration and Memorandum
three years, the changes in information LEC has downward pricing flexibility
Opinion and Order; and Fifth Report (i.e., the equivalent of Phase I pricing
collection requirements relating to and Order; Business Data Services
§§ 1.774, 1.776 and 69.701 of the flexibility under the prior rules); and (d)
Report and Order, WC Docket No. 16– the Commission will update the
Commission’s rules, as contained in the 143 et al.
Commission’s Business Data Services competitive market test results every
Form Number: N/A. three years using data already collected
Report and Order, FCC 17–43, Respondents: Business or other for-
published at 82 FR 25660, June 2, 2017. in FCC Form 477.
profit. Among other rules changes, the
The OMB Control Number is 3060– Number of Respondents and
0760. The Commission publishes this Business Data Services Order repealed
Responses: 13 respondents; 66
document as an announcement of the § 1.774, which set forth requirements for
responses.
effective date of §§ 1.776 and 69.701 of pricing flexibility applications, and
Estimated Time per Response: 3–80
the Commission’s rules. If you have any added § 1.776, which limits the
hours.
comments on the burden estimates Frequency of Response: One-time circumstances under which price cap
listed below, or how the Commission reporting requirement; on-occasion LECs must file their business data
can improve the collections and reduce reporting requirement; third-party services contracts as contract-based
any burdens caused thereby, please disclosure requirement. tariffs. The Commission also amended
contact Nicole Ongele, Federal Obligation to Respond: Required to § 69.701 of its rules to specify that its
Communications Commission, Room 1– obtain or retain benefits. Statutory pricing flexibility rules no longer apply
A620, 445 12th Street SW., Washington, authority for this information collection to business data services.
DC 20554. Please include the OMB is contained in 47 U.S.C. 1, 4(i) through Federal Communications Commission.
Control Number, 3060–0760, in your (j), 201 through 205, and 303(r) of the Marlene H. Dortch,
correspondence. The Commission will Communications Act of 1934, as Secretary, Office of the Secretary.
also accept your comments via email at amended, 47 U.S.C. 151, 154(i) through [FR Doc. 2017–25674 Filed 11–28–17; 8:45 am]
PRA@fcc.gov. To request materials in (j), 201 through 205, and 303(r).
BILLING CODE 6712–01–P
accessible formats for people with Total Annual Burden: 1,256 hours.
disabilities (Braille, large print, Total Annual Cost: $61,050.
electronic files, audio format), send an Privacy Act Impact Assessment: No
email to fcc504@fcc.gov or call the impact(s). DEPARTMENT OF COMMERCE
Consumer and Governmental Affairs Nature and Extent of Confidentiality:
The information requested is not of a National Oceanic and Atmospheric
Bureau at (202) 418–0530 (voice), (202) Administration
418–0432 (TTY). confidential nature. However,
respondents may request materials or
Synopsis information submitted to the 50 CFR Part 679
As required by the Paperwork Commission be withheld from public [Docket No. 161020985–7181–02]
Reduction Act of 1995 (44 U.S.C. 3507), inspection under 47 CFR 0.459 of the
the FCC is notifying the public that it RIN 0648–XF702
Commission’s rules.
pmangrum on DSK3GDR082PROD with RULES

received final OMB approval on Needs and Uses: On April 28, 2017, Fisheries of the Exclusive Economic
November 7, 2017, for the information the Commission released the Business Zone Off Alaska; Several Groundfish
collection requirements contained in the Data Services Order, WC Docket No. 16– Species in the Bering Sea and Aleutian
modifications to §§ 1.774, 1.776, and 143 et al., FCC 17–43, reforming the Islands Management Area
69.701 of the Commission’s rules. Under business data services/special access
5 CFR part 1320, an agency may not regulations for incumbent and AGENCY: National Marine Fisheries
conduct or sponsor a collection of competitive LECs. The Commission’s Service (NMFS), National Oceanic and

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Document Created: 2017-11-29 01:26:35
Document Modified: 2017-11-29 01:26:35

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; announcement of effective date.
Dates		The amendments to Sec. Sec. 1.776 and 69.701 of the Commission's rules, published at June 2, 2017, 82 FR 25660, are effective November 29, 2017.
Contact		William Kehoe, Pricing Policy Division, Wireline Competition Bureau, at (202) 418-7122, or email: [email protected]
FR Citation		82 FR 56570
CFR Citation		47 CFR 1 47 CFR 69