83 FR 33143 - Modernization of Payphone Compensation Rules; Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996; 2016 Biennial Review of Telecommunications Regulations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range		33143-33144
FR Document		2018-15157

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's payphone compensation rules. This document is consistent with the Modernization of Payphone Compensation Rules Report and Order, FCC 18-21, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)

[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33143-33144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15157]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[WC Docket No. 17-141; CC Docket No. 96-128; WC Docket No. 16-132; FCC 
18-21]


Modernization of Payphone Compensation Rules; Implementation of 
the Pay Telephone Reclassification and Compensation Provisions of the 
Telecommunications Act of 1996; 2016 Biennial Review of 
Telecommunications Regulations

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's payphone 
compensation rules. This document is consistent with the Modernization 
of Payphone Compensation Rules Report and Order, FCC 18-21, which 
stated that the Commission would publish a document in the Federal 
Register announcing the effective date of those rules.

DATES: The amendment to 47 CFR 64.1310(a)(3) published at 83 FR 11422, 
March 15, 2018, is effective on July 17, 2018.

FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Attorney 
Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at 
[email protected]. For additional

[[Page 33144]]

information concerning the Paperwork Reduction Act information 
collection requirements, contact Nicole Ongele at (202) 418-2991 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on July 2, 
2018, OMB approved, for a period of three years, the information 
collection requirements relating to certain payphone compensation rules 
contained in the Commission's Modernization of Payphone Compensation 
Rules Report and Order, FCC 18-21, published at 83 FR 11422, March 15, 
2018, as specified above.
    The OMB Control Number is 3060-1046. The Commission publishes this 
document as an announcement of the effective date of the 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, 3060-1046, 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 July 2, 2018, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR part 
64. 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 3060-1046. 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: 3060-1046.
    OMB Approval Date: July 2, 2018.
    OMB Expiration Date: July 31, 2021.
    Title: Part 64, Modernization of Payphone Compensation Rules et 
al., WC Docket No. 17-141 et al., FCC 18-21.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 329 respondents; 2,257 
responses.
    Estimated Time per Response: 0.50 hours-122 hours.
    Frequency of Response: On occasion, one-time, and quarterly 
reporting requirements; third party disclosure requirements; and 
recordkeeping requirement.
    Obligation To Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. 151, 154 and 276 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 34,720 hours.
    Total Annual Cost: No cost(s).
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
FCC. Respondents may, however, request confidential treatment for 
information they believe to be confidential under 47 CFR 0.459 of the 
Commission's rules.
    Needs and Uses: Section 276 of the Communications Act, as amended 
(the Act), requires that the Federal Communications Commission 
(Commission or FCC) establish rules ensuring that payphone service 
providers or PSPs are ``fairly compensated'' for each and every 
completed payphone-originated call. The Commission's Payphone 
Compensation Rules satisfy section 276 by identifying the party liable 
for compensation and establishing a mechanism for PSPs to be paid. A 
2003 Report and Order (FCC 03-235) established detailed rules (Payphone 
Compensation Rules) ensuring that payphone service providers or PSPs 
are ``fairly compensated'' for each and every completed payphone-
originated call pursuant to section 276 of the Communications Act, as 
amended (the Act). The Payphone Compensation Rules satisfy section 276 
by identifying the party liable for compensation and establishing a 
mechanism for PSPs to be paid. The Payphone Compensation Rules: (1) 
Place liability to compensate PSPs for payphone-originated calls on the 
facilities-based long distance carriers or switch-based resellers 
(SBRs) from whose switches such calls are completed; (2) define these 
responsible carriers as ``Completing Carriers'' and require them to 
develop their own system of tracking calls to completion; (3) require 
Completing Carriers to file with PSPs a quarterly report and also 
submit an attestation by the chief financial officer (CFO) that the 
payment amount for that quarter is accurate and is based on 100% of all 
completed calls; (4) require quarterly reporting obligations for other 
facilities-based long distance carriers in the call path, if any, and 
define these carriers as ``Intermediate Carriers;'' and (5) give 
parties flexibility to agree to alternative compensation arrangements 
(ACA) so that small Completing Carriers may avoid the expense of 
instituting a tracking system and undergoing an audit. On February 22, 
2018, the Commission adopted a Report and Order, FCC 18-21 (2018 
Payphone Order), that: (1) Eliminated the payphone call tracking system 
audit and associated reporting requirements; (2) permitted a company 
official, including but no longer limited to, the chief financial 
officer (CFO), to certify that a Completing Carrier's quarterly 
compensation payments to PSPs are accurate and complete; and (3) 
eliminated expired interim and intermediate per-payphone compensation 
rules that no longer apply to any entity. We believe that the revisions 
adopted in the 2018 Payphone Order significantly decrease the paperwork 
burden on carriers.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-15157 Filed 7-16-18; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33143

on sales calls for voice services; and (ii) Ordering Clauses (b) Any telecommunications carrier
unauthorized charges on telephone Pursuant to sections 1–4, 201(b), and that becomes the subject of a
bills. Although the Commission has 258 of the Communications Act of 1934, Commission forfeiture action through a
previously held that these practices are as amended, 47 U.S.C. 151–154, 201, violation of the third-party verification
unjust and unreasonable practices under 258, document FCC 18–78 is adopted, process set forth in paragraph (c)(3) of
section 201(b) of the Act, its rules have and part 64 of the Commission’s rules, this section will be suspended for a five-
not expressly prohibited them. Because 47 CFR 64.1120 and 64.2401 are year period from utilizing the third-
these prohibitions have been long amended. party verification process to confirm a
recognized pursuant to our enforcement The Commission’s Consumer and carrier change.
actions, however, they should not Governmental Affairs Bureau, Reference * * * * *
necessitate any new burdens for those Information Center, shall send a copy of ■ 3. Amend § 64.2401 by adding
carriers are that in compliance. In document FCC 18–78 to Congress and paragraph (g) to read as follows:
addition, the Commission takes steps to the Government Accountability Office
improve the effectiveness of the existing pursuant to the Congressional Review § 64.2401 Truth-in-Billing Requirements.
carrier change process by eliminating Act. * * * * *
the requirement that carriers obtain the The Commission’s Consumer and (g) Prohibition against unauthorized
authorization to switch each individual Governmental Affairs Bureau, Reference charges. Carriers shall not place or
service when selling more than one Information Center, shall send a copy of cause to be placed on any telephone bill
service and by suspending any carrier document FCC 18–78, including the charges that have not been authorized
for a five-year period from using the Final Regulatory Flexibility Analysis, to by the subscriber.
TPV process when it becomes the the Chief Counsel for Advocacy of the [FR Doc. 2018–14151 Filed 7–16–18; 8:45 am]
subject of a Commission forfeiture Small Business Administration.
BILLING CODE 6712–01–P
action.
List of Subjects in 47 CFR Part 64
Steps Taken To Minimize Significant
Communications common carriers,
Impact on Small Entities, and FEDERAL COMMUNICATIONS
Telecommunications.
Significant Alternatives Considered COMMISSION
Federal Communications Commission.
22. The RFA requires an agency to
Marlene Dortch, 47 CFR Part 64
describe any significant, specifically
small business alternatives that it has Secretary, Office of the Secretary. [WC Docket No. 17–141; CC Docket No.
considered in developing its approach, Final Rules 96–128; WC Docket No. 16–132; FCC 18–
which may include the following four 21]
For the reasons discussed in the
alternatives (among others): ‘‘(1) the
preamble, the Federal Communications Modernization of Payphone
establishment of differing compliance or
Commission amends 47 CFR part 64 as Compensation Rules; Implementation
reporting requirements or timetables
follows: of the Pay Telephone Reclassification
that take into account the resources
available to small entities; (2) the and Compensation Provisions of the
PART 64—MISCELLANEOUS RULES Telecommunications Act of 1996; 2016
clarification, consolidation, or RELATING TO COMMON CARRIERS
simplification of compliance or Biennial Review of
reporting requirements under the rule ■ 1. The authority citation for part 64 is Telecommunications Regulations
for small entities; (3) the use of revised to read as follows: AGENCY: Federal Communications
performance, rather than design, Authority: 47 U.S.C. 154, 201, 202, 218, Commission.
standards; and (4) an exemption from 222, 225, 226, 227, 228, 251(e), 254(k), ACTION: Final rule; announcement of
coverage of the rule, or any part thereof, 403(b)(2)(B), (c), 616, 620, 1401–1473, unless effective date.
for small entities.’’ otherwise noted.
23. The rules adopted in document ■ 2. Amend § 64.1120 by revising SUMMARY: In this document, the
FCC 18–78 codify long-recognized paragraphs (a)(1)(i) and (b) to read as Commission announces that the Office
consumer protections from slamming of Management and Budget (OMB) has
follows:
and cramming. In prior enforcement approved, for a period of three years, the
actions, the Commission has previously § 64.1120 Verification of orders for information collection associated with
held that these practices are unjust and telecommunications services. the Commission’s payphone
unreasonable practices under section (a) * * * compensation rules. This document is
201(b) of the Act. As a result, the (1) * * * consistent with the Modernization of
economic impact on affected carriers (i) Authorization from the subscriber, Payphone Compensation Rules Report
should be minimal because they impose subject to the following: and Order, FCC 18–21, which stated
no new requirements. In declining to (A) Material misrepresentation on the
that the Commission would publish a
adopt other measures discussed in the sales call is prohibited. Upon a
document in the Federal Register
Slamming and Cramming NPRM, the consumer’s credible allegation of a sales
announcing the effective date of those
Commission has taken into call misrepresentation, the burden of
rules.
consideration the potential burdens on proof shifts to the carrier making the
carriers, including smaller carriers, in sales call to provide persuasive DATES: The amendment to 47 CFR
determining that such actions are not evidence to rebut the claim. Upon a 64.1310(a)(3) published at 83 FR 11422,
justified at this time. In these instances, finding that such a material March 15, 2018, is effective on July 17,
daltland on DSKBBV9HB2PROD with RULES

the Commission has taken into misrepresentation has occurred on a 2018.
consideration the concerns of industry sales call, the subscriber’s authorization FOR FURTHER INFORMATION CONTACT:
commenters that the potential costs and to switch carriers will be deemed Michele Levy Berlove, Attorney
delays that may result from these invalid. Advisor, Wireline Competition Bureau,
measures outweigh the potential (B) [Reserved] at (202) 418–1477, or by email at
benefits to consumers. * * * * * Michele.Berlove@fcc.gov. For additional

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33144 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations

information concerning the Paperwork OMB Approval Date: July 2, 2018. from whose switches such calls are
Reduction Act information collection OMB Expiration Date: July 31, 2021. completed; (2) define these responsible
requirements, contact Nicole Ongele at Title: Part 64, Modernization of carriers as ‘‘Completing Carriers’’ and
(202) 418–2991 or nicole.ongele@ Payphone Compensation Rules et al., require them to develop their own
fcc.gov. WC Docket No. 17–141 et al., FCC system of tracking calls to completion;
18–21. (3) require Completing Carriers to file
SUPPLEMENTARY INFORMATION: This Form Number: N/A.
document announces that, on July 2, with PSPs a quarterly report and also
Respondents: Business or other for- submit an attestation by the chief
2018, OMB approved, for a period of profit entities.
three years, the information collection financial officer (CFO) that the payment
Number of Respondents and amount for that quarter is accurate and
requirements relating to certain Responses: 329 respondents; 2,257
payphone compensation rules contained is based on 100% of all completed calls;
responses. (4) require quarterly reporting
in the Commission’s Modernization of Estimated Time per Response: 0.50
Payphone Compensation Rules Report obligations for other facilities-based
hours–122 hours. long distance carriers in the call path, if
and Order, FCC 18–21, published at 83 Frequency of Response: On occasion,
FR 11422, March 15, 2018, as specified any, and define these carriers as
one-time, and quarterly reporting ‘‘Intermediate Carriers;’’ and (5) give
above. requirements; third party disclosure
The OMB Control Number is 3060– parties flexibility to agree to alternative
requirements; and recordkeeping compensation arrangements (ACA) so
1046. The Commission publishes this requirement.
document as an announcement of the that small Completing Carriers may
Obligation To Respond: Required to
effective date of the rules. If you have avoid the expense of instituting a
obtain or retain benefits. Statutory
any comments on the burden estimates tracking system and undergoing an
authority for this collection of
listed below, or how the Commission audit. On February 22, 2018, the
information is contained in 47 U.S.C.
can improve the collections and reduce Commission adopted a Report and
151, 154 and 276 of the
any burdens caused thereby, please Order, FCC 18–21 (2018 Payphone
Communications Act of 1934, as
contact Nicole Ongele, Federal Order), that: (1) Eliminated the
amended.
Communications Commission, Room Total Annual Burden: 34,720 hours. payphone call tracking system audit and
1–A620, 445 12th Street SW, Total Annual Cost: No cost(s). associated reporting requirements; (2)
Washington, DC 20554. Please include Privacy Act Impact Assessment: No permitted a company official, including
the OMB Control Number, 3060–1046, impact(s). but no longer limited to, the chief
in your correspondence. The Nature and Extent of Confidentiality: financial officer (CFO), to certify that a
Commission will also accept your The Commission is not requesting that Completing Carrier’s quarterly
comments via email at PRA@fcc.gov. the respondents submit confidential compensation payments to PSPs are
To request materials in accessible information to the FCC. Respondents accurate and complete; and (3)
formats for people with disabilities may, however, request confidential eliminated expired interim and
(Braille, large print, electronic files, treatment for information they believe to intermediate per-payphone
audio format), send an email to fcc504@ be confidential under 47 CFR 0.459 of compensation rules that no longer apply
fcc.gov or call the Consumer and the Commission’s rules. to any entity. We believe that the
Governmental Affairs Bureau at Needs and Uses: Section 276 of the revisions adopted in the 2018 Payphone
(202) 418–0530 (voice), (202) 418–0432 Communications Act, as amended (the Order significantly decrease the
(TTY). Act), requires that the Federal paperwork burden on carriers.
Communications Commission Federal Communications Commission.
Synopsis (Commission or FCC) establish rules Marlene Dortch,
As required by the Paperwork ensuring that payphone service Secretary, Office of the Secretary.
Reduction Act of 1995 (44 U.S.C. 3507), providers or PSPs are ‘‘fairly [FR Doc. 2018–15157 Filed 7–16–18; 8:45 am]
the FCC is notifying the public that it compensated’’ for each and every
BILLING CODE 6712–01–P
received final OMB approval on July 2, completed payphone-originated call.
2018, for the information collection The Commission’s Payphone
requirements contained in the Compensation Rules satisfy section 276 FEDERAL COMMUNICATIONS
modifications to the Commission’s rules by identifying the party liable for COMMISSION
in 47 CFR part 64. Under 5 CFR part compensation and establishing a
1320, an agency may not conduct or mechanism for PSPs to be paid. A 2003 47 CFR Parts 73 and 74
sponsor a collection of information Report and Order (FCC 03–235)
unless it displays a current, valid OMB established detailed rules (Payphone [GN Docket No. 16–142; FCC 17–158]
Control Number. Compensation Rules) ensuring that
Authorizing Permissive Use of the
No person shall be subject to any payphone service providers or PSPs are
‘‘Next Generation’’ Broadcast
penalty for failing to comply with a ‘‘fairly compensated’’ for each and every
Television Standard
collection of information subject to the completed payphone-originated call
Paperwork Reduction Act that does not pursuant to section 276 of the AGENCY: Federal Communications
display a current, valid OMB Control Communications Act, as amended (the Commission.
Number. The OMB Control Number is Act). The Payphone Compensation ACTION: Final rule; announcement of
3060–1046. The foregoing notice is Rules satisfy section 276 by identifying effective date.
required by the Paperwork Reduction the party liable for compensation and
daltland on DSKBBV9HB2PROD with RULES

Act of 1995, Public Law 104–13, establishing a mechanism for PSPs to be SUMMARY: In this document, the
October 1, 1995, and 44 U.S.C. 3507. paid. The Payphone Compensation Commission announces that the Office
The total annual reporting burdens Rules: (1) Place liability to compensate of Management and Budget (OMB) has
and costs for the respondents are as PSPs for payphone-originated calls on approved, for a period of three years, the
follows: the facilities-based long distance information collection requirements
OMB Control Number: 3060–1046. carriers or switch-based resellers (SBRs) associated with FCC 17–158. This

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Document Created: 2018-07-17 01:38:38
Document Modified: 2018-07-17 01:38:38

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 amendment to 47 CFR 64.1310(a)(3) published at 83 FR 11422, March 15, 2018, is effective on July 17, 2018.
Contact		Michele Levy Berlove, Attorney Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418-2991 or [email protected]
FR Citation		83 FR 33143