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)

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 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.

[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]


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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.

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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, 
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