83 FR 36467 - Technology Transitions; Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 146 (July 30, 2018)
Federal Register Volume 83, Issue 146 (July 30, 2018)
| Page Range | 36467-36469 | |
| FR Document | 2018-16198 |
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)] [Rules and Regulations] [Pages 36467-36469] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16198] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 63 [GN Docket No. 13-5; RM-11358; FCC 16-90] Technology Transitions; Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers 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 discontinuance rules. This document is consistent with the [[Page 36468]] Technology Transitions et al. Declaratory Ruling, Second Report and Order, and Order on Reconsideration, FCC 16-90, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The amendments to 47 CFR 63.19(a), 63.60(h), 63.71(a)(6)-(7), (f), (h), and 63.602, published at 81 FR 62632, September 12, 2016, are effective on July 30, 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 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 discontinuance rules contained in the Commission's Technology Transitions et al. Declaratory Ruling, Second Report and Order, and Order on Reconsideration, FCC 16- 90, published at 81 FR 62632, September 12, 2016, as specified above. The OMB Control Number is 3060-0149. 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, 3060-0149, 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 63. 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 3060-0149. 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: 3060-0149. OMB Approval Date: July 2, 2018. OMB Expiration Date: July 31, 2021. Title: Part 63, Application and Supplemental Information Requirement, Technology Transitions, GN Docket No. 13-5, et al. Form Number: N/A. Respondents: Business or other for-profit entities. Number of Respondents and Responses: 63 respondents; 83 responses. Estimated Time per Response: 5.3 hours. Frequency of Response: One-time reporting requirement and third- party disclosure requirements. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this collection of information is contained in 47 U.S.C. 214 and 402 of the Communications Act of 1934, as amended. Total Annual Burden: 1,923 hours. Total Annual Cost: $27,900. 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: The Commission is seeking Office of Management and Budget (OMB) approval for a revision of a currently approved collection. The Commission will submit this information collection after this 60-day comment period. Section 214 of the Communications Act of 1934, as amended, requires that a carrier must first obtain FCC authorization either to (1) construct, operate, or engage in transmission over a line of communications; or (2) discontinue, reduce or impair service over a line of communications. Part 63 of Title 47 of the Code of Federal Regulations (CFR) implements Section 214. Part 63 also implements provisions of the Cable Communications Policy Act of 1984 pertaining to video which was approved under this OMB Control Number 3060-0149. In 2009, the Commission modified Part 63 to extend to providers of interconnected Voice of internet Protocol (VoIP) service the discontinuance obligations that apply to domestic non-dominant telecommunications carriers under Section 214 of the Communications Act of 1934, as amended. In 2014, the Commission adopted improved administrative filing procedures for domestic transfers of control, domestic discontinuances and notices of network changes, and among other adjustments, modified Part 63 to require electronic filing for applications for authorization to discontinue, reduce, or impair service under section 214(a) of the Act. In July 2016, the Commission concluded that applicants seeking to discontinue a legacy time division multiplexing (TDM)-based voice service as part of a transition to a new technology, whether internet Protocol (IP), wireless, or another type (technology transition discontinuance application) must demonstrate that an adequate replacement for the legacy service exists in order to be eligible for streamlined treatment and revised part 63 accordingly. For any other domestic service for which a discontinuance application is filed, the existing framework governs automatic grant procedures. Unlike traditional applicants, technology transition discontinuance applicants seeking streamlined treatment will be required to submit with their application either a certification or a showing as to whether an ``adequate replacement'' exists in the service area. Voice technology transition discontinuance applicants that decline to pursue this path are not eligible for streamlined treatment and will have their applications evaluated on a non-streamlined basis under the traditional five factor test. The Commission concluded that an applicant for a technology transition discontinuance may demonstrate that a service is an adequate replacement for a legacy voice service by certifying or showing that one or more replacement service(s) offers all of the following: (i) Substantially similar levels of network infrastructure and service quality as the applicant service; (ii) compliance with existing federal and/or industry standards required to ensure that critical applications such as 911, network security, and applications [[Page 36469]] for individuals with disabilities remain available; and (iii) interoperability and compatibility with an enumerated list of applications and functionalities determined to be key to consumers and competitors. One replacement service must satisfy all the criteria to retain eligibility for automatic grant. The Commission also determined that information about the price of the legacy service and the proposed replacement service should be provided as part of the application. To reduce burdens on carriers, the Commission (1) adopted a more streamlined approach for legacy voice discontinuances involving services that are substantially similar to those for which a Section 214 discontinuance meeting the adequate replacement criteria has previously been approved, and (2) now allows Section 214 discontinuance applications to be eligible for automatic grant if the applicant seeks to discontinue a legacy voice service operating at speeds lower than 1.544 Mbps that either has zero customers in the relevant service area and no requests for service in the last 30 days, or if the applicant plans to grandfather existing customers of the service while ceasing to accept new customers. The Commission estimates that there will be five respondents submitting 25 applications/responses related to these revisions. The Commission also estimates that these revisions will result in a total of 1,575 annual burden hours and a total annual cost of $27,900. The Commission estimates that the total annual burden and annual cost of the entire collection, as revised, is 1,923 and $27,900, respectively. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2018-16198 Filed 7-27-18; 8:45 am] BILLING CODE 6712-01-P
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airwaves, such as cellular services, Establishments providing coverage of the rule, or any part thereof,
paging services, wireless internet access, telecommunications or utilities for small entities.128
and wireless video services.115 The management consulting services are 35. This Report and Order adopts new
appropriate size standard under SBA included in this industry.123 The SBA tiers in assessing regulatory fees for
rules is that such a business is small if has established a size standard for this submarine cable systems. There should
it has 1,500 or fewer employees.116 industry of $15 million dollars or not be a significant impact on small
Census data for 2012 show that 967 less.124 Census data for 2012 show that entities because the fee is based on the
Wireless Telecommunications Carriers 3,683 firms operated in this industry for number of systems and would therefore
operated in that year. Of that number, that entire year. Of that number, 3,632 reflect the size of the entity. In keeping
955 operated with less than 1,000 operated with less than $10 million in with the requirements of the Regulatory
employees.117 Based on that data, we annual receipts.125 Based on this data, Flexibility Act, we have considered
conclude that most Carrier RespOrgs we conclude that most non-carrier certain alternative means of mitigating
that operated with wireless-based RespOrgs who provide TFN-related the effects of fee increases to a particular
technology are small. management consulting services are industry segment. For example, the
29. Non-Carrier RespOrgs. Neither the small.126 Commission has increased the de
Commission, the Census, nor the SBA 32. In addition to the data contained minimis threshold to $1,000, which will
have developed a definition of Non- in the four (see above) U.S. Census impact many small entities that pay
Carrier RespOrgs. Accordingly, the NAICS code categories that provide regulatory fees. This increase in the de
Commission believes that the closest definitions of what services and minimis threshold to $1,000 will relieve
NAICS code-based definitional functions the Carrier and Non-Carrier regulatees both financially and
categories for Non-Carrier RespOrgs are RespOrgs provide, Somos, the trade administratively. Regulatees may also
‘‘Other Services Related To association that monitors RespOrg seek waivers or other relief on the basis
Advertising’’ 118 and ‘‘Other activities, compiled data showing that of financial hardship. See 47 CFR
Management Consulting Services.’’ 119 as of July 1, 2016, there were 23 1.1166.
30. The U.S. Census defines Other RespOrgs operational in Canada and 436
Services Related to Advertising as RespOrgs operational in the United F. Federal Rules That May Duplicate,
comprising establishments primarily States, for a total of 459 RespOrgs Overlap, or Conflict
engaged in providing advertising currently registered with Somos.127 None.
services (except advertising agency
services, public relations agency D. Description of Projected Reporting, V. Ordering Clause
services, media buying agency services, Recordkeeping and Other Compliance 36. Accordingly, it is ordered that,
media representative services, display Requirements pursuant to Section 9(a), (b), (e), (f), and
advertising services, direct mail 33. This Report and Order does not (g) of the Communications Act of 1934,
advertising services, advertising adopt any new reporting, recordkeeping, as amended, 47 U.S.C. 159(a), (b), (e),
material distribution services, and or other compliance requirements. (f), and (g), this Report and Order is
marketing consulting services.120 The E. Steps Taken To Minimize Significant hereby adopted.
SBA has established a size standard for Economic Impact on Small Entities, and Federal Communications Commission.
this industry as annual receipts of $15 Significant Alternatives Considered Marlene Dortch,
million dollars or less.121 Census data
34. The RFA requires an agency to Secretary.
for 2012 show that 5,804 firms operated
in this industry for the entire year. Of describe any significant alternatives that [FR Doc. 2018–15651 Filed 7–27–18; 8:45 am]
that number, 5,249 operated with it has considered in reaching its BILLING CODE 6712–01–P
annual receipts of less than $10 approach, which may include the
million.122 Based on that data we following four alternatives, among
conclude that most Non-Carrier others: (1) The establishment of FEDERAL COMMUNICATIONS
RespOrgs who provide TFN-related differing compliance or reporting COMMISSION
advertising services are small. requirements or timetables that take into
account the resources available to small 47 CFR Part 63
31. The U.S. Census defines Other
Management Consulting Services as entities; (2) the clarification, [GN Docket No. 13–5; RM–11358; FCC 16–
establishments primarily engaged in consolidation, or simplification of 90]
providing management consulting compliance or reporting requirements
services (except administrative and under the rule for small entities; (3) the Technology Transitions; Policies and
general management consulting; human use of performance, rather than design, Rules Governing Retirement of Copper
resources consulting; marketing standards; and (4) an exemption from Loops by Incumbent Local Exchange
consulting; or process, physical Carriers
123 http://www.census.gov/cgi-bin/sssd/
distribution, and logistics consulting). AGENCY: Federal Communications
naics.naicsrch.
124 13 CFR 120.201, NAICS code 514618. Commission.
115 http://www.census.gov/cgi-bin/sssd/
naics.naicsrch.
125 http://factfinder.census.gov/faces/ ACTION: Final rule; announcement of
116 13 CFR 120.201, NAICS code 517120.
tableservices/jsf/pages/productview.xhtml? effective date.
pid=ECN_2012_US_51SSSZ4&prodType=table.
117 http://factfinder.census.gov/faces/
126 The four NAICS code-based categories
tableservices/jsf/pages/productview.xhtml? SUMMARY: In this document, the
selected above to provide definitions for Carrier and
pid=ECN_2012_US_51SSSZ4&prodType=table.
Non-Carrier RespOrgs were selected because as a
Commission announces that the Office
daltland on DSKBBV9HB2PROD with RULES
118 13 CFR 120.201, NAICS code 541890.
group they refer generically and comprehensively to of Management and Budget (OMB) has
119 13 CFR 120.201, NAICS code 541618.
all RespOrgs. Therefore, all RespOrgs, including approved, for a period of three years, the
120 http://www.census.gov/cgi-bin/sssd/
those not identified specifically or individually, information collection associated with
naics.naicsrch. must comply with the rules adopted in the
121 13 CFR 120.201, NAICS code 541890. Regulatory Fees Report and Order associated with
the Commission’s discontinuance rules.
122 http://factfinder.census.gov/faces/ this Final Regulatory Flexibility Analysis. This document is consistent with the
tableservices/jsf/pages/productview.xhtml? 127 Email from Jennifer Blanchard, Somos, July 1,
pid=ECN_2012_US_51SSSZ4&prodType=table. 2016. 128 5 U.S.C. 603(c)(1)–(c)(4).
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for individuals with disabilities remain are withdrawing the Endangered Independence (March 29, 2017). It
available; and (iii) interoperability and Species Act (ESA) Compensatory directed Department of the Interior
compatibility with an enumerated list of Mitigation Policy, published December bureaus to reexamine mitigation
applications and functionalities 27, 2016 (ESA–CMP). In our document policies and practices to better balance
determined to be key to consumers and of November 6, 2017 we requested conservation strategies and policies
competitors. One replacement service additional public comments regarding with job creation for American families.
must satisfy all the criteria to retain the policy’s overall mitigation planning In light of the revocation of the 2015
eligibility for automatic grant. The goal of net conservation gain. We are Presidential Memorandum and
Commission also determined that now withdrawing this policy. The Secretary’s Order 3330, on November 6,
information about the price of the legacy Service does not have authority to 2017, the Service requested comment on
service and the proposed replacement require ‘‘net conservation gain’’ under the ESA–CMP, along with the Service-
service should be provided as part of the the ESA, and the policy is inconsistent Wide Mitigation Policy (81 FR 83440,
application. To reduce burdens on with current Executive branch policy. November 21, 2016), specifically
carriers, the Commission (1) adopted a Except as otherwise specified, all ‘‘regarding whether to retain or remove
more streamlined approach for legacy policies or guidance documents that net conservation gain as a mitigation
voice discontinuances involving were superseded by ESA–CMP are planning goal within our mitigation
services that are substantially similar to reinstated. policies.’’ Mitigation Policies of the U.S.
those for which a Section 214 Fish and Wildlife Service; Request for
DATES: Withdrawal effective on July 30, Comment (82 FR 51382, 51383,
discontinuance meeting the adequate 2018.
replacement criteria has previously been November 6, 2017). The comment
approved, and (2) now allows Section ADDRESSES: Comments and materials period for this request ended on January
214 discontinuance applications to be received, as well as supporting 5, 2018.
eligible for automatic grant if the documentation, are available on the Under Supreme Court precedent, the
applicant seeks to discontinue a legacy internet at http://www.regulations.gov at Takings Clause of the Fifth Amendment
voice service operating at speeds lower Docket Number FWS–HQ–ES–2015– of the United States Constitution limits
than 1.544 Mbps that either has zero 0165. the ability of government to require
customers in the relevant service area FOR FURTHER INFORMATION CONTACT:
monetary exactions as a condition of
and no requests for service in the last 30 Craig Aubrey, U.S. Fish and Wildlife permitting private activities,
days, or if the applicant plans to Service, Division of Environmental particularly private activities on private
grandfather existing customers of the Review, 5275 Leesburg Pike, Falls property. In Koontz v. St. Johns River
service while ceasing to accept new Church, VA 22041–3803, telephone Water Management District, 570 U.S.
595 (2013), the Supreme Court held that
customers. The Commission estimates 703–358–2442.
a proposal to fund offsite mitigation
that there will be five respondents SUPPLEMENTARY INFORMATION: The ESA– proposed by the State of Florida as a
submitting 25 applications/responses CMP (81 FR 95316, December 27, 2016) condition of granting a land-use permit
related to these revisions. The was developed to ensure consistency must satisfy the test established in
Commission also estimates that these with existing directives in effect at the Nollan v. California Coastal
revisions will result in a total of 1,575 time of issuance, including former Commission, 483 U.S. 825 (1987), and
annual burden hours and a total annual President Obama’s Memorandum on Dolan v. City of Tigard, 512 U.S. 374
cost of $27,900. The Commission Mitigating Impacts on Natural Resources (1994). Specifically, ‘‘a unit of
estimates that the total annual burden From Development and Encouraging government may not condition the
and annual cost of the entire collection, Related Private Investment (November approval of a land-use permit on the
as revised, is 1,923 and $27,900, 3, 2015). Under the memorandum, all owner’s relinquishment of a portion of
respectively. Federal mitigation policies were his property unless there is a ‘nexus’
Federal Communications Commission. directed to clearly set a net-benefit goal and ‘rough proportionality’ between the
Marlene Dortch, or, at minimum, a no-net-loss goal for government’s demand and the effects of
Secretary, Office of the Secretary. natural resources, wherever doing so is the proposed land use.’’ Id. at 599.
[FR Doc. 2018–16198 Filed 7–27–18; 8:45 am]
allowed by existing statutory authority Compensatory mitigation raises serious
and is consistent with agency mission questions of whether there is a sufficient
BILLING CODE 6712–01–P
and established natural resource nexus between the potential harm and
objectives. The Presidential the proposed remedy to satisfy
Memorandum was subsequently constitutional muster.
DEPARTMENT OF THE INTERIOR rescinded by Executive Order 13783, Further, because by definition
Fish and Wildlife Service ‘‘Promoting Energy Independence and compensatory mitigation does not
Economic Growth’’ (March 28, 2017). directly avoid or minimize the
50 CFR Chapter I The ESA–CMP also described its anticipated harm, its application is
consistency with the Secretary of the particularly ripe for abuse. At times the
[Docket No. FWS–HQ–ES–2015–0165; Interior’s Order 3330 on Improving nexus between a proposed undertaking
FXES11140900000–178; FF09E33000] Mitigation Policies and Practices of the and compensatory mitigation
Department of the Interior (October 31, requirements is far from clear. These
Endangered and Threatened Wildlife
2013), which established a Department- concerns are particularly acute when
and Plants; Endangered Species Act
wide mitigation strategy to ensure coupled with a net conservation gain
Compensatory Mitigation Policy
consistency and efficiency in the review
daltland on DSKBBV9HB2PROD with RULES
goal, which necessarily seeks to go
AGENCY: Fish and Wildlife Service, and permitting of infrastructure- beyond mitigating actual or anticipated
Interior. development projects and in conserving harm to forcing participants to pay to
ACTION: Policy; withdrawal. natural and cultural resources. The address harms they, by definition, did
Secretary’s Order was subsequently not cause.
SUMMARY: We, the U.S. Fish and revoked by Secretary of the Interior’s In light of the change in national
Wildlife Service (Service), announce we Order 3349 on American Energy policy reflected in Executive Order
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Document Created: 2018-07-28 01:43:25
Document Modified: 2018-07-28 01:43:25
| 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 47 CFR 63.19(a), 63.60(h), 63.71(a)(6)-(7), (f), (h), and 63.602, published at 81 FR 62632, September 12, 2016, are effective on July 30, 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 36467 |
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