83_FR_42206 83 FR 42045 - Nationwide Number Portability; Numbering Policies for Modern Communications

83 FR 42045 - Nationwide Number Portability; Numbering Policies for Modern Communications

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42045-42052
FR Document2018-17843

In this document, the Federal Communications Commission (Commission) adopts final rules based on public comments to promote nationwide number portability. These rules eliminate unnecessary toll interexchange dialing parity requirements and database query requirements that may result in obstacles and inefficiencies in an eventual nationwide number portability regime.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42045-42052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17843]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 51 and 52

[WC Docket Nos. 17-244, 13-97; FCC 18-95]


Nationwide Number Portability; Numbering Policies for Modern 
Communications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts final rules based on public comments to promote 
nationwide number portability. These rules eliminate unnecessary toll 
interexchange dialing parity requirements and database query 
requirements that may result in obstacles and inefficiencies in an 
eventual nationwide number portability regime.

DATES: Effective September 19, 2018.

FOR FURTHER INFORMATION CONTACT: For further information about this 
proceeding, please contact Sherwin Siy, FCC Wireline Competition 
Bureau, Competition Policy Division, Room 5-C225, 445 12th St. SW, 
Washington, DC 20554, (202) 418-2783, [email protected]. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
email to [email protected] or contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WC Docket Nos. 17-244 and 13-97; FCC 18-95, adopted July 
12, 2018 and released July 13, 2018. 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 
website at https://docs.fcc.gov/public/attachments/FCC-18-95A1.pdf.

Synopsis

I. Introduction

    1. The systems we use to make and route telephone calls are 
changing. With this Report and Order (Order), we set the stage for more 
efficient use of the telecommunications network and pave the way for 
nationwide number portability (NNP). We eliminate rules that were 
intended for a market that was divided along more static, segmented 
categories of telecommunications providers. Those rules are far less 
applicable to today's more integrated providers and pricing plans, and 
the North American Numbering Council has identified them as barriers to 
the achievement of NNP.
    2. We forbear from the interexchange dialing parity requirements 
for competitive local exchange carriers (LECs), creating a more level 
playing field with the incumbent LECs who received forbearance from the 
interexchange dialing parity obligations in 2015, and ensuring that 
both categories of LECs will be able to route calls more efficiently in 
a future NNP environment. We also ease the requirement that the second-
to-last carrier handling a call request query the local number 
portability database, allowing any carriers earlier in the chain to 
make the query if they so choose. This greater flexibility allows 
carriers in the call path to determine who is best placed to bear the 
costs of performing the query, and also ensures that any carrier--
including originating carriers--can perform the query, a necessary step 
in certain NNP solutions.
    3. These changes will help set the stage for further progress 
towards implementation of number portability

[[Page 42046]]

on a nationwide basis. The North American Numbering Council (a federal 
advisory committee to the Commission that provides guidance and 
recommendations on numbering policy and operations) recently approved a 
report issued by its Nationwide Number Portability Issues Working 
Group, which builds upon and refines earlier industry and NANC work, 
and recommends further inquiry and analysis on several specific 
questions to further explore NNP. We anticipate that the NANC will 
continue to assist the Commission in investigating these options and 
considerations.

II. Background

    4. Interexchange dialing parity requirements. Dialing parity 
provisions were originally intended to ensure that incumbent LECs 
provided the same access to stand-alone long-distance service providers 
as they did to their own or their affiliates' long-distance offerings. 
These requirements grew out of the equal access requirements included 
in the 1982 Modification of Final Judgment in the federal antitrust 
case against AT&T, which imposed these requirements on the Bell 
Operating Companies (BOCs). The Telecommunications Act of 1996 (1996 
Act) incorporated the MFJ's equal access requirements for these former 
BOCs into the Communications Act (the Act) via section 251(g). The 1996 
Act also created more specific, affirmative equal access requirements 
in Sec.  251(b) that applied to all LECs.
    5. In the 2015 USTelecom Forbearance Order, the Commission forbore 
from the ``application to incumbent LECs of all remaining equal access 
and dialing parity requirements for interexchange services, including 
those under section 251(g) and section 251(b)(3) of the Act.'' As we 
observed in the NPRM, this forbearance was well supported by the 
lessening need for the rules, as stand-alone long-distance services had 
declined, all-distance calling was growing more prevalent, and 
consumers were being offered yet more choices in voice service, 
including increasing growth in interconnected Voice over Internet 
Protocol (VoIP) services. The 2015 USTelecom Forbearance Order left a 
limited number of toll dialing parity requirements in place, however, 
primarily for competitive LECs, and for certain customers of incumbent 
LECs who were then already presubscribed to third-party long-distance 
services at the time of the Order.
    6. N-1 Requirement. The N-1 query requirement mandates that the 
carrier immediately preceding the terminating carrier (the N-1 carrier) 
be responsible for ensuring that the local number portability 
database--the Number Portability Administration Center/Service 
Management System (NPAC/SMS)--is queried. This requirement is specified 
in the North American Numbering Council's Architecture and 
Administrative Plan for Local Number Portability, which is in turn 
incorporated by reference in Sec.  52.26(a) of the Commission's rules. 
(We note that Sec.  52.26(c) of our rules provides information on how 
to obtain a copy of the NANC Architecture Report and Working Group 
Report. This Order updates that information. This simple revision, 
reflecting the new locations of the reports, does not require notice 
and comment.) The rule was put in place in part to ensure that the 
costs of querying the database could be split between originating and 
interexchange carriers, while ensuring that calls would not be left 
unqueried. The rule also allowed local number portability to proceed 
without requiring all carriers across the country to implement it 
simultaneously.
    7. NNP Notice of Proposed Rulemaking (NPRM). In 2017, the 
Commission released the NNP NPRM (82 FR 55970) seeking comment on a 
proposal to forbear from the remaining interexchange dialing parity 
requirements of the Act, as well as a proposal to eliminate the rules 
implementing those requirements. We also sought comment on whether we 
should extend forbearance from the dialing parity requirements to 
customers with pre-existing stand-alone long-distance carriers, whose 
plans had been grandfathered in the 2015 USTelecom Forbearance Order. 
We also sought comment on a proposal to eliminate the N-1 requirement 
for call routing. The NNP NPRM generated significant interest from 
numbering database administrators, trade associations, and service 
providers, representing the views of incumbent and competitive LECs, 
interexchange carriers, and carriers who provide both services. We 
received 21 comments and 11 reply comments in the record in response.

III. Discussion

    8. In this Order, we expand the scope of the forbearance issued in 
the 2015 USTelecom Forbearance Order. While that earlier order forbore 
from applying the dialing parity requirements of the Act to incumbent 
LECs, the requirements remained in place for competitive LECs, and also 
for a limited number of customers who were still presubscribed to 
stand-alone long-distance plans. This Order removes that disparity by 
applying the forbearance to these formerly excluded categories. We also 
ease the N-1 query requirement to ensure that it does not prevent 
originating carriers, or other carriers earlier than the N-1 carrier in 
a call flow, from performing the number portability query if they wish. 
Originating carriers, or parties they contract with, should be able to 
perform these queries, but if they do not, the responsibility for the 
query continues to fall upon the N-1 carrier. This change to our rules 
will allow carriers to have the routing flexibility necessary for 
certain types of NNP.
    9. As explained in the NNP NPRM, our legal authority stems directly 
from section 251(e)(1) of the Communications Act, which gives the 
Commission ``exclusive jurisdiction over those portions of the North 
American Numbering Plan that pertain to the United States'' and 
provides that numbers must be made ``available on an equitable basis.'' 
The rule changes addressed in this Order fall squarely within this 
jurisdiction. In addition, section 10 of the Act states that the 
Commission shall forbear from applying any regulation or provision of 
the Act if it determines that: (1) Enforcement of such regulation or 
provision is not necessary to ensure that the charges, practices, 
classifications, or regulations by, for, or in connection with that 
telecommunications carrier or telecommunications service are just and 
reasonable and are not unjustly or unreasonably discriminatory; (2) 
enforcement of such regulation or provision is not necessary for the 
protection of consumers; and (3) forbearance from applying such 
provision or regulation is consistent with the public interest. As 
discussed below, our forbearance from the remaining toll interexchange 
dialing parity requirements meets these criteria.

A. Forbearance From Toll Interexchange Dialing Parity Requirement and 
Elimination of Implementing Rules

    10. Forbearance from Interexchange Dialing Parity Provisions for 
Competitive LECs. In the NNP NPRM, we noted that the same rationales of 
the 2015 USTelecom Forbearance Order seemed to apply to the toll 
interexchange dialing parity requirements that remained in place for 
competitive LECS. We sought comment on whether these mandates, located 
in section 251(b)(3), served any purpose. The overwhelming consensus in 
the record is that they do not. Wireline customers have more choices, 
and stand-alone long-distance service is indeed less prevalent and 
significant than it was in decades past. Customers

[[Page 42047]]

for wireline voice services have more choices than they did in the 
past, including interconnected VoIP from both facilities-based and 
over-the-top providers. For example, the most recent Voice Telephone 
Services Report shows that interconnected VoIP subscriptions increased 
at a compound annual growth rate of 10 percent, while retail switched 
access lines declined at 12 percent per year from 2013 to 2016. This 
represents a continuing trend, with reports showing interconnected VoIP 
subscriptions increasing at a compound annual growth rate of 15 percent 
and retail switched access declining at 10 percent a year from December 
2010 to December 2014. These findings, indicate increased options for 
consumers besides switched access, regardless of whether they may 
currently be served by a competitive or an incumbent LEC. The NNP NPRM 
sought comment on whether forbearance from these provisions would 
affect competitive LECs or their customers. No comments in the record 
indicate that the remaining dialing parity provisions for competitive 
LECs aid competition, ensure just and reasonable practices, or prevent 
unjust or unreasonable discrimination. No comments in the record 
indicate customer complaints stemming from the 2015 forbearance from 
these requirements for incumbent LECs, and commenters likewise did not 
disagree with our finding that extending the forbearance to competitive 
LECs would produce similarly benign results.
    11. We therefore find that enforcement of the section 251(b)(3) 
dialing parity requirements for competitive LECs is not necessary to 
ensure that the charges, practices, classifications, or regulations by, 
for, or in connection with a telecommunications carrier or 
telecommunications service are just and reasonable and are not unjustly 
or unreasonably discriminatory. Nor is their enforcement necessary for 
the protection of consumers, since consumers can leave their 
competitive LEC for non-switched access services if that LEC makes 
choosing a separate long-distance provider difficult. As described in 
the 2015 USTelecom Forbearance Order, wireline customers today have 
more choices than they did in 1982 or 1996, including interconnected 
VoIP services. Similarly, demand for stand-alone long-distance has 
continued to decline for both mass-market and business customers.
    12. Extending to competitive LECs the forbearance granted in 2015 
to incumbent LECs also promotes fairness in the application and 
enforcement of these requirements that would otherwise be lacking. 
Furthermore, forbearing from a requirement that no longer serves its 
purpose promotes the public interest by reducing the costs of 
regulatory compliance. We therefore find that forbearing from the 
dialing parity requirements of section 251(b)(3) serves the public 
interest.
    13. USTelecom notes that extending this forbearance to competitive 
LECs is not sufficient to achieve NNP. NNP is naturally a multi-stage 
process requiring a series of changes to various aspects of policy and 
possible other rules. We recognize this, but as many commenters have 
pointed out, the stage for NNP can be set incrementally, while 
forbearing from unnecessary requirements in the interim. As noted in 
the NNP NPRM, forbearing from these requirements could allow for more 
efficient routing than would otherwise be possible under a number of 
NNP models. USTelecom itself notes eliminating an unnecessary 
requirement may increase regulatory flexibility and make a wider range 
of solutions possible in the future.
    14. Grandfathered dialing parity requirements. The NNP NPRM also 
sought comment on eliminating the dialing parity requirements that had 
been ``grandfathered'' after the adoption of the 2015 USTelecom 
Forbearance Order. We find that the number of customers with 
grandfathered stand-alone long-distance plans continues to decline, and 
thus extending forbearance from the dialing parity requirements to 
these plans, as well will further encourage NNP. In the interest of 
maintaining a level playing field, forbearance applies to all 
customers. Thus, neither incumbent nor competitive LECs are required to 
abide by the toll dialing parity requirements for customers who have 
preexisting stand-alone long-distance plans.
    15. WTA and ITTA both note that the same factors that spurred 
forbearance from the dialing parity requirements in the 2015 USTelecom 
Forbearance Order apply even more prominently now: The stand-alone 
long-distance market remains small, and the number of preexisting plans 
among incumbent LEC customers will only have fallen since 2015. There 
is no evidence in the record to indicate that the trends observed in 
the 2015 USTelecom Forbearance Order have slowed or reversed course.
    16. Although GCI and Aureon argue that the Commission should 
maintain the exemption from forbearance for preexisting plans in more 
rural areas, we find the decline in the total number of these plans and 
our need to modernize our systems to allow for NNP are compelling 
reasons to extend forbearance. We recognize that there are a limited 
number of interexchange carriers in parts of Alaska and Iowa and, in 
certain cases, the incumbent LEC remains the only option for voice 
service. We must, however, take these first steps to eliminate outdated 
and rarely-used regulations if we are to realize the consumer and 
competitive benefits of NNP.
    17. This Order also does not affect the applicability of section 
258(a) or our slamming rules, as GCI argues. Section 258(a) prohibits 
carriers from changing a subscriber's choice of exchange service 
without going through the proper verification procedures, and also 
explicitly permits state regulators to enforce anti-slamming 
provisions. Those provisions continue to operate to prevent incumbent 
LECs from changing subscribers' selections of other providers without 
following the necessary verification procedures. While the 2015 
USTelecom Forbearance Order expressed concern that forbearance from 
equal access requirements might allow increased pressure from incumbent 
LECs, it did not presume to forbear from section 258, and we do not so 
presume now. Those anti-slamming provisions continue to operate as 
before, and will continue to be enforced.
    18. Eliminating toll dialing parity rules. The NNP NPRM also sought 
comment on eliminating the Commission's toll dialing parity rules 
promulgated under section 251(b)(3). No commenters found any reason for 
these rules to stay in place while we forbear from the interexchange 
dialing parity requirements of section 251(b)(3). We agree that in 
light of our decision to forbear from section 251(b)(3), there is no 
sound justification to retain these rules. Therefore, to eliminate any 
possible confusion and to streamline the Commission's rules, we 
therefore eliminate those provisions.

B. Allowing Alternatives to N-1 Call Routing

    19. The NNP NPRM proposed eliminating the N-1 requirement, since it 
may lead to unnecessary and inefficient routing of calls in an NNP 
environment. However, as anticipated when it was adopted, and as noted 
in the record, standardization around having the N-1 carrier perform 
the number portability database query has allowed for more uniformity 
and prevented confusion. In the interest of providing flexibility for 
anticipated changes to the number porting system, while preserving the 
certainty and stability of existing systems, we ease, but do not 
eliminate, the rule.

[[Page 42048]]

    20. We noted in the NNP NPRM that preventing queries by the 
originating carrier could lead to inefficiencies, and that some reports 
had indicated that eliminating the N-1 rule would be beneficial. 
However, we are persuaded by the record that carriers will benefit from 
the certainty of having a default rule that clearly names a responsible 
party in the absence of an agreement otherwise. We therefore amend our 
rules to allow upstream carriers to perform number portability database 
queries, but require the N-1 carriers to perform the queries if the 
upstream carriers have not.
    21. The NANC Architecture Report states that an N-1 carrier ``is 
responsible for ensuring queries are performed on an N-1 basis.'' 
However, as we have noted, requiring the N-1 carrier to perform the 
query can lead to inefficiencies in call routing in an NNP environment. 
Neustar, Incompas, the Voice on the Net Coalition (VON Coalition), and 
Charter all agree that the N-1 requirement is no longer necessary and 
urge the Commission to eliminate it to prevent the possible routing 
complications that could come with NNP. Neustar further points out that 
the N-1 requirement actually provides little distinction for most 
calls, since few consumers have an interexchange carrier that is 
different from their originating (local) provider. In those situations, 
the N-1 carrier is the originating carrier, meaning that the N-1 
requirement is unnecessary. NCTA and Comcast suggest waiting to 
eliminate the rule until after transition to the new Number Portability 
Administration Center has occurred, a process that is now complete.
    22. Many other commenters urge more caution, however, noting that 
elimination of the rule without some specification about who must 
perform the query could lead to confusion and possible call completion 
issues. Others disagree. In light of the record, we believe it best to 
chart a middle course: We eliminate any requirement that would prevent 
an upstream carrier from voluntarily making queries rather than the N-1 
carrier. In other words, we revise the N-1 rule as a default in the 
absence of other agreements. This revision accords with CenturyLink and 
iconectiv's interpretation of the NANC Architecture Report that the 
current rule for N-1 queries operates as a default rule. Although we 
disagree with those commenters and find a change is necessary, the 
result gives carriers the flexibility to efficiently route calls in an 
NNP environment.
    23. Retaining the N-1 rule as a backstop also addresses commenters' 
concerns that eliminating the N-1 rule would effectively mandate 
originating carriers to perform queries, raising their costs due to 
increased querying and potential upgrades necessary to handle this 
increased volume. Moreover, we permit, but do not require, originating 
carriers to make the database query. Should originating carriers 
decline to perform the number portability database query for 
interexchange calls, the rule will continue to require interexchange 
carriers to bear the cost of the query. Furthermore, the N-1 carrier 
will have fulfilled its responsibility to ensure the query is performed 
if any carrier preceding it in the call flow has already performed the 
query. While we anticipate that in NNP scenarios this will most likely 
be the originating carrier, the rule would not prevent other parties 
from performing the query as well. Therefore, we adjust the N-1 rule, 
eliminating Sec.  52.26(a)'s incorporation by reference of the NANC 
Architecture Report's version of the rule and amending the rule to 
allow queries by carriers other than the N-1 carrier.

IV. Procedural Matters

    24. Final Regulatory Flexibility Act Analysis. Pursuant to the 
Regulatory Flexibility Act of 1980, as amended, the Commission's Final 
Regulatory Flexibility Analysis for the Order is included in part V.
    25. Paperwork Reduction Act. This document does not contain new 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), 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).
    26. Congressional Review Act. The Commission will send a copy of 
this Report and Order to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 
801(a)(1)(A).
    27. Materials in Accessible Formats. 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).
    28. Additional Information. For additional information on this 
proceeding, contact Sherwin Siy, FCC Wireline Competition Bureau, 
Competition Policy Division, (202) 418-2783, [email protected]

V. Final Regulatory Flexibility Analysis

    29. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NNP NPRM. The Commission sought written public 
comment on the proposals in the NPRM, including comments on the IFRA. 
This present Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA.

A. Need for, and Objectives of, the Final Rules

    30. In this Order, we modernize our systems by setting the stage 
for more efficient use of the telecommunications network, and pave the 
way for nationwide number portability (NNP). We eliminate rules that 
were intended for a market that was divided along more static, 
segmented categories of telecommunications providers. Those rules are 
far less applicable to today's more integrated providers and pricing 
plans and may lead to complications that stand in the way of achieving 
NNP.
    31. We forbear from the interexchange dialing parity requirements 
for competitive local exchange carriers (LECs), creating a more level 
playing field with the incumbent LECs who received forbearance from 
their interexchange dialing parity obligations through the 2015 
USTelecom Forbearance Order. Specifically, we revise Sec.  51.205 and 
remove Sec. Sec.  51.209, 51.213 and 51.215. We also amend Sec.  
52.26(a) to allow originating carriers to perform number portability 
database queries in the Number Portability Administration Center/
Service Management System (NPAC/SMS), but require the N-1 carriers to 
perform the queries if the originating carriers have not. This allows 
greater flexibility for different carriers to determine who is best 
placed to bear the cost of performing the query.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    32. The Commission did not receive comments specifically addressing 
the rules and policies proposed in the IRFA.

C. Response to Comments by Chief Counsel for Advocacy of the Small 
Business Administration

    33. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    34. The RFA directs agencies to provide a description and, where

[[Page 42049]]

feasible, an estimate of the number of small entities that may be 
affected by the final rules adopted pursuant to the NNP NPRM. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small-business concern'' under the 
Small Business Act. Pursuant to 5 U.S.C. 601(3), the statutory 
definition of a small business applies ``unless an agency, after 
consultation with the Office of Advocacy of the Small Business 
Administration and after opportunity for public comment, establishes 
one or more definitions of such term which are appropriate to the 
activities of the agency and publishes such definition(s) in the 
Federal Register.'' 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 
SBA.
    35. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive small entity size standards that could 
be directly affected herein. First, while there are industry specific 
size standards for small businesses that are used in the regulatory 
flexibility analysis, according to data from the SBA's Office of 
Advocacy, in general a small business is an independent business having 
fewer than 500 employees. These types of small businesses represent 
99.9% of all businesses in the United States which translates to 28.8 
million businesses.
    36. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of Aug 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).
    37. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2012 Census of Governments indicates that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 37,132 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,184 Special purpose governments (independent school 
districts and special districts) with populations of less than 50,000. 
The 2012 U.S. Census Bureau data for most types of governments in the 
local government category shows that the majority of these governments 
have populations of less than 50,000. Based on this data we estimate 
that at least 49,316 local government jurisdictions fall in the 
category of ``small governmental jurisdictions.''
    38. Wired Telecommunications Carriers. The U.S. Census Bureau 
defines this industry as ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired communications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution, and wired broadband internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' The SBA has developed a small business size standard 
for Wired Telecommunications Carriers, which consists of all such 
companies having 1,500 or fewer employees. Census data for 2012 shows 
that there were 3,117 firms that operated that year. Of this total, 
3,083 operated with fewer than 1,000 employees. Thus, under this size 
standard, the majority of firms in this industry can be considered 
small.
    39. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable NAICS 
Code category is for Wired Telecommunications Carriers, as defined in 
paragraph 11 of this FRFA. Under that size standard, such a business is 
small if it has 1,500 or fewer employees. Census data for 2012 show 
that there were 3,117 firms that operated that year. Of this total, 
3,083 operated with fewer than 1,000 employees. The Commission 
therefore estimates that most providers of local exchange carrier 
service are small entities that may be affected by the rules adopted.
    40. Incumbent Local Exchange Carriers (incumbent LECs). Neither the 
Commission nor the SBA has developed a small business size standard 
specifically for incumbent local exchange services. The closest 
applicable NAICS Code category is Wired Telecommunications Carriers as 
defined in paragraph 11 of this FRFA. Under that size standard, such a 
business is small if it has 1,500 or fewer employees. According to 
Commission data, 3,117 firms operated in that year. Of this total, 
3,083 operated with fewer than 1,000 employees. Consequently, the 
Commission estimates that most providers of incumbent local exchange 
service are small businesses that may be affected by the rules and 
policies adopted. One thousand three hundred and seven (1,307) 
Incumbent Local Exchange Carriers reported that they were incumbent 
local exchange service providers. Of this total, an estimated 1,006 
have 1,500 or fewer employees.
    41. Competitive Local Exchange Carriers (competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate NAICS Code category is Wired 
Telecommunications Carriers, as defined in paragraph 11 of this FRFA. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees. U.S. Census data for 2012 indicate that 3,117 firms 
operated during that year. Of that number, 3,083 operated with fewer 
than 1,000 employees. Based on this data, the Commission concludes that 
the majority of Competitive LECs, CAPs, Shared-Tenant Service 
Providers, and Other Local Service Providers are small entities. 
According to Commission data, 1,442 carriers reported that they were 
engaged in the provision of either competitive local exchange services 
or competitive access provider services. Of these 1,442 carriers, an 
estimated 1,256 have 1,500 or fewer employees. In addition, 17 carriers 
have reported that they are Shared-Tenant Service Providers, and all 17 
are estimated to have 1,500 or fewer employees. In addition, 72 
carriers have reported that they are Other Local Service Providers. Of 
this total, 70 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most providers of competitive local exchange 
service, competitive access providers, Shared-Tenant Service Providers, 
and Other Local Service Providers are small

[[Page 42050]]

entities that may be affected by the adopted rules.
    42. Interexchange Carriers (IXCs). Neither the Commission nor the 
SBA has developed a definition for Interexchange Carriers. The closest 
NAICS Code category is Wired Telecommunications Carriers as defined in 
paragraph 11 of this FRFA. The applicable size standard under SBA rules 
is that such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 359 companies reported that their primary 
telecommunications service activity was the provision of interexchange 
services. Of this total, an estimated 317 have 1,500 or fewer employees 
and 42 have more than 1,500 employees. Consequently, the Commission 
estimates that the majority of interexchange service providers are 
small entities that may be affected by rules adopted.
    43. Local Resellers. The SBA has developed a small business size 
standard for the category of Telecommunications Resellers. The 
Telecommunications Resellers industry comprises establishments engaged 
in purchasing access and network capacity from owners and operators of 
telecommunications networks and reselling wired and wireless 
telecommunications services (except satellite) to businesses and 
households. Establishments in this industry resell telecommunications; 
they do not operate transmission facilities and infrastructure. Mobile 
virtual network operators (MVNOs) are included in this industry. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, all operated with fewer than 
1,000 employees. Thus, under this category and the associated small 
business size standard, the majority of these prepaid calling card 
providers can be considered small entities.
    44. Toll Resellers. The Commission has not developed a definition 
for Toll Resellers. The closest NAICS Code Category is 
Telecommunications Resellers. The Telecommunications Resellers industry 
comprises establishments engaged in purchasing access and network 
capacity from owners and operators of telecommunications networks and 
reselling wired and wireless telecommunications services (except 
satellite) to businesses and households. Establishments in this 
industry resell telecommunications; they do not operate transmission 
facilities and infrastructure. Mobile virtual network operators (MVNOs) 
are included in this industry. The SBA has developed a small business 
size standard for the category of Telecommunications Resellers. Under 
that size standard, such a business is small if it has 1,500 or fewer 
employees. Census data for 2012 show that 1,341 firms provided resale 
services during that year. Of that number, 1,341 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of these resellers can be 
considered small entities. According to Commission data, 881 carriers 
have reported that they are engaged in the provision of toll resale 
services. Of this total, an estimated 857 have 1,500 or fewer 
employees. Consequently, the Commission estimates that the majority of 
toll resellers are small entities.
    45. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a definition for small businesses specifically applicable to 
Other Toll Carriers. This category includes toll carriers that do not 
fall within the categories of interexchange carriers, operator service 
providers, prepaid calling card providers, satellite service carriers, 
or toll resellers. The closest applicable NAICS Code category is for 
Wired Telecommunications Carriers as defined above. Under the 
applicable SBA size standard, such a business is small if it has 1,500 
or fewer employees. Census data for 2012 shows that there were 3,117 
firms that operated that year. Of this total, 3,083 operated with fewer 
than 1,000 employees. Thus, under this category and the associated 
small business size standard, the majority of Other Toll Carriers can 
be considered small. According to internally developed Commission data, 
284 companies reported that their primary telecommunications service 
activity was the provision of other toll carriage. Of these, an 
estimated 279 have 1,500 or fewer employees. Consequently, the 
Commission estimates that most Other Toll Carriers are small entities 
that may be affected by the rules.
    46. Prepaid Calling Card Providers. The SBA has developed a 
definition for small businesses within the category of 
Telecommunications Resellers. Under that SBA definition, such a 
business is small if it has 1,500 or fewer employees. According to the 
Commission's Form 499 Filer Database, 500 companies reported that they 
were engaged in the provision of prepaid calling cards. The Commission 
does not have data regarding how many of these 500 companies have 1,500 
or fewer employees. Consequently, the Commission estimates that there 
are 500 or fewer prepaid calling card providers that may be affected by 
the rules.
    47. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves, such as cellular services, paging services, wireless internet 
access, and wireless video services. The appropriate size standard 
under SBA rules is that such a business is small if it has 1,500 or 
fewer employees. For this industry, Census data for 2012 show that 
there were 967 firms that operated for the entire year. Of this total, 
955 firms had fewer than 1,000 employees. Thus under this category and 
the associated size standard, the Commission estimates that the 
majority of wireless telecommunications carriers (except satellite) are 
small entities. Similarly, according to internally developed Commission 
data, 413 carriers reported that they were engaged in the provision of 
wireless telephony, including cellular service, Personal Communications 
Service (PCS), and Specialized Mobile Radio (SMR) services. Of this 
total, an estimated 261 have 1,500 or fewer employees. Consequently, 
the Commission estimates that approximately half of these firms can be 
considered small. Thus, using available data, we estimate that the 
majority of wireless firms can be considered small.
    48. Wireless Communications Services. This service can be used for 
fixed, mobile, radiolocation, and digital audio broadcasting satellite 
uses. The Commission defined ``small business'' for the wireless 
communications services (WCS) auction as an entity with average gross 
revenues of $40 million for each of the three preceding years, and a 
``very small business'' as an entity with average gross revenues of $15 
million for each of the three preceding years. The SBA has approved 
these definitions.
    49. Wireless Telephony. Wireless telephony includes cellular, 
personal communications services, and specialized mobile radio 
telephony carriers. As noted, the SBA has developed a small business 
size standard for Wireless Telecommunications Carriers (except 
Satellite). Under the SBA small business size standard, a business is 
small if it has 1,500 or fewer employees. According to Commission data, 
413 carriers reported that they were engaged in wireless telephony. Of 
these, an estimated 261 have 1,500 or fewer employees and 152 have more 
than 1,500 employees. Therefore, a little less

[[Page 42051]]

than one third of these entities can be considered small.
    50. Cable and Other Subscription Programming. This industry 
comprises establishments primarily engaged in operating studios and 
facilities for the broadcasting of programs on a subscription or fee 
basis. The broadcast programming is typically narrowcast in nature 
(e.g. limited format, such as news, sports, education, or youth-
oriented). These establishments produce programming in their own 
facilities or acquire programming from external sources. The 
programming material is usually delivered to a third party, such as 
cable systems or direct-to-home satellite systems, for transmission to 
viewers. The SBA has established a size standard for this industry 
stating that a business in this industry is small if it has 1,500 or 
fewer employees. The 2012 Economic Census indicates that 367 firms were 
operational for that entire year. Of this total, 357 operated with less 
than 1,000 employees. Accordingly we conclude that a substantial 
majority of firms in this industry are small under the applicable SBA 
size standard.
    51. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are currently 4,600 active cable 
systems in the United States. Of this total, all but nine cable 
operators nationwide are small under the 400,000-subscriber size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,600 cable systems nationwide. Of this 
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers, based on the same records. 
Thus, under this standard as well, we estimate that most cable systems 
are small entities.
    52. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a size standard 
for small cable system operators, which is ``a cable operator that, 
directly or through an affiliate, serves in the aggregate fewer than 
one percent of all subscribers in the United States and is not 
affiliated with any entity or entities whose gross annual revenues in 
the aggregate exceed $250,000,000 are approximately 52,403,705 cable 
video subscribers in the United States today. Accordingly, an operator 
serving fewer than 524,037 subscribers shall be deemed a small operator 
if its annual revenues, when combined with the total annual revenues of 
all its affiliates, do not exceed $250 million in the aggregate. Based 
on available data, we find that all but nine incumbent cable operators 
are small entities under this size standard. We note that the 
Commission neither requests nor collects information on whether cable 
system operators are affiliated with entities whose gross annual 
revenues exceed $250 million. Although it seems certain that some of 
these cable system operators are affiliated with entities whose gross 
annual revenues exceed $250,000,000, we are unable at this time to 
estimate with greater precision the number of cable system operators 
that would qualify as small cable operators under the definition in the 
Communications Act.
    53. All Other Telecommunications. ``All Other Telecommunications'' 
is defined as follows: ``This U.S. industry is comprised of 
establishments that are primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing internet services or voice over internet 
protocol (VoIP) services via client supplied telecommunications 
connections are also included in this industry.'' The SBA has developed 
a small business size standard for ``All Other Telecommunications,'' 
which consists of all such firms with gross annual receipts of $32.5 
million or less. For this category, Census Bureau data for 2012 show 
that there were 1,442 firms that operated for the entire year. Of those 
firms, a total of 1,400 had annual receipts less than $25 million. 
Consequently, we conclude that the majority of All Other 
Telecommunications firms can be considered small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    54. In this Order, we forbear from the toll interexchange dialing 
parity requirements for competitive LECs creating a more level playing 
field with the incumbent LECs who received forbearance from their 
interexchange dialing parity obligations through the 2015 USTelecom 
Forbearance Order. Specifically, we revise Sec.  51.205 and remove 
Sec. Sec.  51.209, 51.215 and 51.215. We also amend the Sec.  52.26(a) 
requirement that the second-to-last carrier handling a call request is 
responsible for ensuring that the NPAC/SMS is queried, explaining that 
carriers earlier in the chain are allowed to make the query if they so 
choose. The revisions and elimination of rules remove impediments to 
NNP and do not impose any reporting, recordkeeping, or other compliance 
requirements.

F. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    55. The RFA requires an agency to describe any significant, 
specifically small business alternatives that it has considered in 
developing its approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.''
    56. The rules adopted herein remove dialing parity requirements for 
competitive LECs and allows the second-to-last carrier handling a call 
request to query the NPAC/SMS in a manner that allows more flexibility. 
As a result, the economic impact on affected carriers should be minimal 
because they impose no new requirements.

G. Report to Congress

    57. The Commission will send a copy of the Order, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional 
Review Act. In addition, the Commission will send a copy of the Order, 
including this FRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Order and FRFA (or summaries thereof) will also be 
published in the Federal Register.

VI. Ordering Clauses

    29. It is ordered, pursuant to sections 1, 4(i), 10, 201(b), and 
251(e) of the Communication Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 160, 201(b), and 251(e) that this Report and Order is adopted.
    30. It is further ordered that parts 51 and 52 of the Commission's 
rules, 47 CFR 51.205, 51.209, 51.213, 51.215, 52.26 are amended as set 
forth in the

[[Page 42052]]

``Final Rules'' section below, and that this amendment shall be 
effective 30 days after publication of this Report and Order in the 
Federal Register.
    31. It is further ordered that the Commission's Consumer & 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 51 and 52

    Communications common carriers, Telecommunications, 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 51 and 52 as follows:

PART 51--INTERCONNECTION

0
1. The authority citation for part 51 is revised to read as follows:

    Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-
52, 271, 332 unless otherwise noted.


0
2. Revise Sec.  51.205 to read as follows:


Sec.  51.205  Dialing parity: General.

    A local exchange carrier (LEC) shall provide local dialing parity 
to competing providers of telephone exchange service, with no 
unreasonable dialing delays. Dialing parity shall be provided for 
originating telecommunications services that require dialing to route a 
call.


Sec.  51.209  [Removed]

0
3. Remove Sec.  51.209.


Sec.  51.213  [Removed]

0
4. Remove Sec.  51.213.


Sec.  51.215  [Removed]

0
5. Remove Sec.  51.215.

PART 52--NUMBERING

0
6. The authority citation for part 52 is revised to read as follows:

    Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-
54, 271, 303(r), 332, 1302.

0
7. Amend Sec.  52.26 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (b)(1) through (3) as paragraphs (b)(2) 
through (4);
0
c. Adding a new paragraph (b)(1); and
0
d. Revising paragraph (c).
    The revisions and addition read as follows:


Sec.  52.26  NANC Recommendations on Local Number Portability 
Administration.

    (a) Local number portability administration shall comply with the 
recommendations of the North American Numbering Council (NANC) as set 
forth in the report to the Commission prepared by the NANC's Local 
Number Portability Administration Selection Working Group, dated April 
25, 1997 (Working Group Report) and its appendices, which are 
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 
51. Except that: Sections 7.8 and 7.10 of Appendix D and the following 
portions of Appendix E: Section 7, Issue Statement I of Appendix A, and 
Appendix B in the Working Group Report are not incorporated herein.
    (b) * * *
    (1) Each designated N-1 carrier (as described in the Working Group 
Report) is responsible for ensuring number portability queries are 
performed on a N-1 basis where ``N'' is the entity terminating the call 
to the end user, or a network provider contracted by the entity to 
provide tandem access, unless another carrier has already performed the 
query;
* * * * *
    (c) The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the Working Group Report and its appendices can be 
inspected during normal business hours at the following locations: FCC 
Reference Information Center, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. The Working 
Group Report and its appendices are also available on the internet at 
https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf.

[FR Doc. 2018-17843 Filed 8-17-18; 8:45 am]
BILLING CODE 6712-01-P



                                                                Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                         42045

                                                • expected end-of-life for satellite;                 Federal Register. The Commission also                Competition Policy Division, Room 5–
                                                • the approximate dates that any                      directs the Bureaus to consider whether              C225, 445 12th St. SW, Washington, DC
                                             additional C-band satellites with a                      additional information should be                     20554, (202) 418–2783, sherwin.siy@
                                             currently pending application in IBFS                    collected from either FSS earth station              fcc.gov. For additional information
                                             are planned for launch to serve the                      operators or satellite licensees and to              concerning the Paperwork Reduction
                                             United States market (note whether this                  seek notice and comment regarding the                Act information collection requirements
                                             satellite is a replacement);                             need to initiate a second information                contained in this document, send an
                                                • whether any additional C-band                       collection if such additional information            email to PRA@fcc.gov or contact Nicole
                                             satellites that do not have a currently                  is necessary to supplement the                       Ongele at (202) 418–2991.
                                             pending application in IBFS are                          information submitted in this                        SUPPLEMENTARY INFORMATION: This is a
                                             planned for launch to serve the United                   proceeding.                                          summary of the Commission’s Report
                                             States market and the approximate date                                                                        and Order in WC Docket Nos. 17–244
                                             of such launch (note whether this                        IV. Ordering Clauses
                                                                                                                                                           and 13–97; FCC 18–95, adopted July 12,
                                             satellite is a replacement);                                13. It is further ordered that pursuant           2018 and released July 13, 2018. The
                                                • for each transponder operating in                   to section 4(i) of the Communications                full text of this document is available for
                                             the 3.7–4.2 GHz range that is                            Act of 1934, as amended, that this Order             public inspection during regular
                                             operational and legally authorized to                    is adopted effective upon publication in             business hours in the FCC Reference
                                             serve customers in the United States, for                the Federal Register. This Order                     Information Center, Portals II, 445 12th
                                             the most recent month,6 provide the                      contains information collection                      Street SW, Room CY–A257, Washington
                                             following:                                               requirements subject to the Paperwork                DC 20554. It is available on the
                                                • the frequency range of transponder                  Reduction Act of 1995 that are not                   Commission’s website at https://
                                             and transponder number; 7                                effective until approved by the Office of            docs.fcc.gov/public/attachments/FCC-
                                                • the capacity in terms of the number                 Management and Budget.                               18-95A1.pdf.
                                             of megahertz on each transponder that                       14. It is further ordered that the notice
                                             are currently under contract (also                       of inquiry, GN Docket No. 17–183,                    Synopsis
                                             provide this data for one month in                       Expanding Flexible Use in the Mid-Band               I. Introduction
                                             2016); 8                                                 Spectrum Between 3.7–24 GHz, adopted
                                                • For each day in the most recent                                                                             1. The systems we use to make and
                                                                                                      on August 3, 2017, is terminated as to
                                             month, please provide the percentage of                                                                       route telephone calls are changing. With
                                                                                                      the 3.7–4.2 GHz band.
                                             each transponder’s capacity (megahertz)                                                                       this Report and Order (Order), we set
                                                                                                      Federal Communications Commission.                   the stage for more efficient use of the
                                             utilized and the maximum capacity
                                             utilized on that day. (Parties should use                Marlene Dortch,                                      telecommunications network and pave
                                             the most recent month of data and                        Secretary, Office of the Secretary.                  the way for nationwide number
                                             provide the date range at which the data                 [FR Doc. 2018–17296 Filed 8–17–18; 8:45 am]          portability (NNP). We eliminate rules
                                             was collected; they may also                             BILLING CODE 6712–01–P                               that were intended for a market that was
                                             supplement the data with historical                                                                           divided along more static, segmented
                                             trend data over recent months up to                                                                           categories of telecommunications
                                             three years if they feel it displays                     FEDERAL COMMUNICATIONS                               providers. Those rules are far less
                                             utilization variances);                                  COMMISSION                                           applicable to today’s more integrated
                                                • the center frequency and bandwidth                                                                       providers and pricing plans, and the
                                             of the Telemetry Tracking and                            47 CFR Parts 51 and 52                               North American Numbering Council has
                                             Command beam(s); and                                     [WC Docket Nos. 17–244, 13–97; FCC 18–               identified them as barriers to the
                                                • the call sign and geographic                        95]                                                  achievement of NNP.
                                             location (using NAD83 coordinates) of                                                                            2. We forbear from the interexchange
                                             each TT&C receive site.                                  Nationwide Number Portability;                       dialing parity requirements for
                                                12. The Commission will seek                          Numbering Policies for Modern                        competitive local exchange carriers
                                             approval from the Office of Management                   Communications                                       (LECs), creating a more level playing
                                             and Budget (OMB) before the                                                                                   field with the incumbent LECs who
                                                                                                      AGENCY:  Federal Communications                      received forbearance from the
                                             information collection becomes
                                                                                                      Commission.                                          interexchange dialing parity obligations
                                             effective, and following OMB approval,
                                             the Commission will publish notice of                    ACTION: Final rule.                                  in 2015, and ensuring that both
                                             the effective date of the information                                                                         categories of LECs will be able to route
                                                                                                      SUMMARY:   In this document, the Federal             calls more efficiently in a future NNP
                                             collection and filing deadline in the                    Communications Commission                            environment. We also ease the
                                                6 The ‘‘most recent month’’ will be defined in the
                                                                                                      (Commission) adopts final rules based                requirement that the second-to-last
                                             Bureaus’ forthcoming public notice and will be a
                                                                                                      on public comments to promote                        carrier handling a call request query the
                                             month following release of this Order.                   nationwide number portability. These                 local number portability database,
                                                7 For purposes of this information collection,        rules eliminate unnecessary toll                     allowing any carriers earlier in the chain
                                             ‘‘transponder number’’ refers to a standard 36           interexchange dialing parity                         to make the query if they so choose.
                                             megahertz wide transponder and that transponder          requirements and database query
                                             numbering (1–24) is based on the former center-                                                               This greater flexibility allows carriers in
                                             frequency requirement for C-band space stations.         requirements that may result in                      the call path to determine who is best
                                             See 47 CFR 25.211(a) (2014). While this rule is no       obstacles and inefficiencies in an                   placed to bear the costs of performing
                                             longer in effect, most satellites providing service to   eventual nationwide number portability
daltland on DSKBBV9HB2PROD with RULES




                                             the United States in the 3.7–4.2 GHz band are                                                                 the query, and also ensures that any
                                                                                                      regime.                                              carrier—including originating carriers—
                                             configured in accordance with the transponder plan
                                             described in the rule.                                   DATES: Effective September 19, 2018.                 can perform the query, a necessary step
                                                8 The information collected will provide
                                                                                                      FOR FURTHER INFORMATION CONTACT: For                 in certain NNP solutions.
                                             comparative data of transponder usage over time
                                             and allow the Commission and the public to
                                                                                                      further information about this                          3. These changes will help set the
                                             evaluate options for the future use of the 3.7–4.2       proceeding, please contact Sherwin Siy,              stage for further progress towards
                                             GHz band.                                                FCC Wireline Competition Bureau,                     implementation of number portability


                                        VerDate Sep<11>2014   17:41 Aug 17, 2018   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\20AUR1.SGM   20AUR1


                                             42046             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                             on a nationwide basis. The North                        carrier (the N–1 carrier) be responsible              these formerly excluded categories. We
                                             American Numbering Council (a federal                   for ensuring that the local number                    also ease the N–1 query requirement to
                                             advisory committee to the Commission                    portability database—the Number                       ensure that it does not prevent
                                             that provides guidance and                              Portability Administration Center/                    originating carriers, or other carriers
                                             recommendations on numbering policy                     Service Management System (NPAC/                      earlier than the N–1 carrier in a call
                                             and operations) recently approved a                     SMS)—is queried. This requirement is                  flow, from performing the number
                                             report issued by its Nationwide Number                  specified in the North American                       portability query if they wish.
                                             Portability Issues Working Group,                       Numbering Council’s Architecture and                  Originating carriers, or parties they
                                             which builds upon and refines earlier                   Administrative Plan for Local Number                  contract with, should be able to perform
                                             industry and NANC work, and                             Portability, which is in turn                         these queries, but if they do not, the
                                             recommends further inquiry and                          incorporated by reference in § 52.26(a)               responsibility for the query continues to
                                             analysis on several specific questions to               of the Commission’s rules. (We note that              fall upon the N–1 carrier. This change
                                             further explore NNP. We anticipate that                 § 52.26(c) of our rules provides                      to our rules will allow carriers to have
                                             the NANC will continue to assist the                    information on how to obtain a copy of                the routing flexibility necessary for
                                             Commission in investigating these                       the NANC Architecture Report and                      certain types of NNP.
                                             options and considerations.                             Working Group Report. This Order                         9. As explained in the NNP NPRM,
                                                                                                     updates that information. This simple                 our legal authority stems directly from
                                             II. Background                                                                                                section 251(e)(1) of the Communications
                                                                                                     revision, reflecting the new locations of
                                                4. Interexchange dialing parity                      the reports, does not require notice and              Act, which gives the Commission
                                             requirements. Dialing parity provisions                 comment.) The rule was put in place in                ‘‘exclusive jurisdiction over those
                                             were originally intended to ensure that                 part to ensure that the costs of querying             portions of the North American
                                             incumbent LECs provided the same                        the database could be split between                   Numbering Plan that pertain to the
                                             access to stand-alone long-distance                     originating and interexchange carriers,               United States’’ and provides that
                                             service providers as they did to their                  while ensuring that calls would not be                numbers must be made ‘‘available on an
                                             own or their affiliates’ long-distance                  left unqueried. The rule also allowed                 equitable basis.’’ The rule changes
                                             offerings. These requirements grew out                  local number portability to proceed                   addressed in this Order fall squarely
                                             of the equal access requirements                        without requiring all carriers across the             within this jurisdiction. In addition,
                                             included in the 1982 Modification of                    country to implement it simultaneously.               section 10 of the Act states that the
                                             Final Judgment in the federal antitrust                    7. NNP Notice of Proposed                          Commission shall forbear from applying
                                             case against AT&T, which imposed                        Rulemaking (NPRM). In 2017, the                       any regulation or provision of the Act if
                                             these requirements on the Bell                          Commission released the NNP NPRM                      it determines that: (1) Enforcement of
                                             Operating Companies (BOCs). The                         (82 FR 55970) seeking comment on a                    such regulation or provision is not
                                             Telecommunications Act of 1996 (1996                    proposal to forbear from the remaining                necessary to ensure that the charges,
                                             Act) incorporated the MFJ’s equal access                interexchange dialing parity                          practices, classifications, or regulations
                                             requirements for these former BOCs into                 requirements of the Act, as well as a                 by, for, or in connection with that
                                             the Communications Act (the Act) via                    proposal to eliminate the rules                       telecommunications carrier or
                                             section 251(g). The 1996 Act also                       implementing those requirements. We                   telecommunications service are just and
                                             created more specific, affirmative equal                also sought comment on whether we                     reasonable and are not unjustly or
                                             access requirements in § 251(b) that                    should extend forbearance from the                    unreasonably discriminatory; (2)
                                             applied to all LECs.                                    dialing parity requirements to customers              enforcement of such regulation or
                                                5. In the 2015 USTelecom                             with pre-existing stand-alone long-                   provision is not necessary for the
                                             Forbearance Order, the Commission                       distance carriers, whose plans had been               protection of consumers; and (3)
                                             forbore from the ‘‘application to                       grandfathered in the 2015 USTelecom                   forbearance from applying such
                                             incumbent LECs of all remaining equal                   Forbearance Order. We also sought                     provision or regulation is consistent
                                             access and dialing parity requirements                  comment on a proposal to eliminate the                with the public interest. As discussed
                                             for interexchange services, including                   N–1 requirement for call routing. The                 below, our forbearance from the
                                             those under section 251(g) and section                  NNP NPRM generated significant                        remaining toll interexchange dialing
                                             251(b)(3) of the Act.’’ As we observed in               interest from numbering database                      parity requirements meets these criteria.
                                             the NPRM, this forbearance was well                     administrators, trade associations, and
                                             supported by the lessening need for the                                                                       A. Forbearance From Toll Interexchange
                                                                                                     service providers, representing the
                                             rules, as stand-alone long-distance                                                                           Dialing Parity Requirement and
                                                                                                     views of incumbent and competitive
                                             services had declined, all-distance                                                                           Elimination of Implementing Rules
                                                                                                     LECs, interexchange carriers, and
                                             calling was growing more prevalent, and                 carriers who provide both services. We                  10. Forbearance from Interexchange
                                             consumers were being offered yet more                   received 21 comments and 11 reply                     Dialing Parity Provisions for
                                             choices in voice service, including                     comments in the record in response.                   Competitive LECs. In the NNP NPRM,
                                             increasing growth in interconnected                                                                           we noted that the same rationales of the
                                             Voice over Internet Protocol (VoIP)                     III. Discussion                                       2015 USTelecom Forbearance Order
                                             services. The 2015 USTelecom                               8. In this Order, we expand the scope              seemed to apply to the toll
                                             Forbearance Order left a limited number                 of the forbearance issued in the 2015                 interexchange dialing parity
                                             of toll dialing parity requirements in                  USTelecom Forbearance Order. While                    requirements that remained in place for
                                             place, however, primarily for                           that earlier order forbore from applying              competitive LECS. We sought comment
                                             competitive LECs, and for certain                       the dialing parity requirements of the                on whether these mandates, located in
                                                                                                     Act to incumbent LECs, the                            section 251(b)(3), served any purpose.
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                                             customers of incumbent LECs who were
                                             then already presubscribed to third-                    requirements remained in place for                    The overwhelming consensus in the
                                             party long-distance services at the time                competitive LECs, and also for a limited              record is that they do not. Wireline
                                             of the Order.                                           number of customers who were still                    customers have more choices, and
                                                6. N–1 Requirement. The N–1 query                    presubscribed to stand-alone long-                    stand-alone long-distance service is
                                             requirement mandates that the carrier                   distance plans. This Order removes that               indeed less prevalent and significant
                                             immediately preceding the terminating                   disparity by applying the forbearance to              than it was in decades past. Customers


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                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                         42047

                                             for wireline voice services have more                   otherwise be lacking. Furthermore,                    a limited number of interexchange
                                             choices than they did in the past,                      forbearing from a requirement that no                 carriers in parts of Alaska and Iowa and,
                                             including interconnected VoIP from                      longer serves its purpose promotes the                in certain cases, the incumbent LEC
                                             both facilities-based and over-the-top                  public interest by reducing the costs of              remains the only option for voice
                                             providers. For example, the most recent                 regulatory compliance. We therefore                   service. We must, however, take these
                                             Voice Telephone Services Report shows                   find that forbearing from the dialing                 first steps to eliminate outdated and
                                             that interconnected VoIP subscriptions                  parity requirements of section 251(b)(3)              rarely-used regulations if we are to
                                             increased at a compound annual growth                   serves the public interest.                           realize the consumer and competitive
                                             rate of 10 percent, while retail switched                  13. USTelecom notes that extending                 benefits of NNP.
                                             access lines declined at 12 percent per                 this forbearance to competitive LECs is                  17. This Order also does not affect the
                                             year from 2013 to 2016. This represents                 not sufficient to achieve NNP. NNP is                 applicability of section 258(a) or our
                                             a continuing trend, with reports                        naturally a multi-stage process requiring             slamming rules, as GCI argues. Section
                                             showing interconnected VoIP                             a series of changes to various aspects of             258(a) prohibits carriers from changing
                                             subscriptions increasing at a compound                  policy and possible other rules. We                   a subscriber’s choice of exchange
                                             annual growth rate of 15 percent and                    recognize this, but as many commenters                service without going through the
                                             retail switched access declining at 10                  have pointed out, the stage for NNP can               proper verification procedures, and also
                                             percent a year from December 2010 to                    be set incrementally, while forbearing                explicitly permits state regulators to
                                             December 2014. These findings, indicate                 from unnecessary requirements in the                  enforce anti-slamming provisions.
                                             increased options for consumers besides                 interim. As noted in the NNP NPRM,                    Those provisions continue to operate to
                                             switched access, regardless of whether                  forbearing from these requirements                    prevent incumbent LECs from changing
                                             they may currently be served by a                       could allow for more efficient routing                subscribers’ selections of other
                                             competitive or an incumbent LEC. The                    than would otherwise be possible under                providers without following the
                                             NNP NPRM sought comment on                              a number of NNP models. USTelecom                     necessary verification procedures.
                                             whether forbearance from these                          itself notes eliminating an unnecessary               While the 2015 USTelecom Forbearance
                                             provisions would affect competitive                     requirement may increase regulatory                   Order expressed concern that
                                             LECs or their customers. No comments                    flexibility and make a wider range of                 forbearance from equal access
                                             in the record indicate that the remaining               solutions possible in the future.                     requirements might allow increased
                                             dialing parity provisions for competitive                  14. Grandfathered dialing parity
                                                                                                                                                           pressure from incumbent LECs, it did
                                             LECs aid competition, ensure just and                   requirements. The NNP NPRM also
                                                                                                                                                           not presume to forbear from section 258,
                                             reasonable practices, or prevent unjust                 sought comment on eliminating the
                                                                                                                                                           and we do not so presume now. Those
                                             or unreasonable discrimination. No                      dialing parity requirements that had
                                                                                                                                                           anti-slamming provisions continue to
                                             comments in the record indicate                         been ‘‘grandfathered’’ after the adoption
                                                                                                     of the 2015 USTelecom Forbearance                     operate as before, and will continue to
                                             customer complaints stemming from the                                                                         be enforced.
                                             2015 forbearance from these                             Order. We find that the number of
                                                                                                     customers with grandfathered stand-                      18. Eliminating toll dialing parity
                                             requirements for incumbent LECs, and
                                                                                                     alone long-distance plans continues to                rules. The NNP NPRM also sought
                                             commenters likewise did not disagree
                                             with our finding that extending the                     decline, and thus extending forbearance               comment on eliminating the
                                             forbearance to competitive LECs would                   from the dialing parity requirements to               Commission’s toll dialing parity rules
                                             produce similarly benign results.                       these plans, as well will further                     promulgated under section 251(b)(3). No
                                                11. We therefore find that                           encourage NNP. In the interest of                     commenters found any reason for these
                                             enforcement of the section 251(b)(3)                    maintaining a level playing field,                    rules to stay in place while we forbear
                                             dialing parity requirements for                         forbearance applies to all customers.                 from the interexchange dialing parity
                                             competitive LECs is not necessary to                    Thus, neither incumbent nor                           requirements of section 251(b)(3). We
                                             ensure that the charges, practices,                     competitive LECs are required to abide                agree that in light of our decision to
                                             classifications, or regulations by, for, or             by the toll dialing parity requirements               forbear from section 251(b)(3), there is
                                             in connection with a                                    for customers who have preexisting                    no sound justification to retain these
                                             telecommunications carrier or                           stand-alone long-distance plans.                      rules. Therefore, to eliminate any
                                             telecommunications service are just and                    15. WTA and ITTA both note that the                possible confusion and to streamline the
                                             reasonable and are not unjustly or                      same factors that spurred forbearance                 Commission’s rules, we therefore
                                             unreasonably discriminatory. Nor is                     from the dialing parity requirements in               eliminate those provisions.
                                             their enforcement necessary for the                     the 2015 USTelecom Forbearance Order                  B. Allowing Alternatives to N–1 Call
                                             protection of consumers, since                          apply even more prominently now: The                  Routing
                                             consumers can leave their competitive                   stand-alone long-distance market
                                             LEC for non-switched access services if                 remains small, and the number of                         19. The NNP NPRM proposed
                                             that LEC makes choosing a separate                      preexisting plans among incumbent LEC                 eliminating the N–1 requirement, since
                                             long-distance provider difficult. As                    customers will only have fallen since                 it may lead to unnecessary and
                                             described in the 2015 USTelecom                         2015. There is no evidence in the record              inefficient routing of calls in an NNP
                                             Forbearance Order, wireline customers                   to indicate that the trends observed in               environment. However, as anticipated
                                             today have more choices than they did                   the 2015 USTelecom Forbearance Order                  when it was adopted, and as noted in
                                             in 1982 or 1996, including                              have slowed or reversed course.                       the record, standardization around
                                             interconnected VoIP services. Similarly,                   16. Although GCI and Aureon argue                  having the N–1 carrier perform the
                                             demand for stand-alone long-distance                    that the Commission should maintain                   number portability database query has
                                                                                                     the exemption from forbearance for                    allowed for more uniformity and
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                                             has continued to decline for both mass-
                                             market and business customers.                          preexisting plans in more rural areas,                prevented confusion. In the interest of
                                                12. Extending to competitive LECs the                we find the decline in the total number               providing flexibility for anticipated
                                             forbearance granted in 2015 to                          of these plans and our need to                        changes to the number porting system,
                                             incumbent LECs also promotes fairness                   modernize our systems to allow for NNP                while preserving the certainty and
                                             in the application and enforcement of                   are compelling reasons to extend                      stability of existing systems, we ease,
                                             these requirements that would                           forbearance. We recognize that there are              but do not eliminate, the rule.


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                                             42048             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                                20. We noted in the NNP NPRM that                    concerns that eliminating the N–1 rule                V. Final Regulatory Flexibility Analysis
                                             preventing queries by the originating                   would effectively mandate originating                   29. As required by the Regulatory
                                             carrier could lead to inefficiencies, and               carriers to perform queries, raising their            Flexibility Act of 1980, as amended
                                             that some reports had indicated that                    costs due to increased querying and                   (RFA), an Initial Regulatory Flexibility
                                             eliminating the N–1 rule would be                       potential upgrades necessary to handle                Analysis (IRFA) was incorporated in the
                                             beneficial. However, we are persuaded                   this increased volume. Moreover, we                   NNP NPRM. The Commission sought
                                             by the record that carriers will benefit                permit, but do not require, originating               written public comment on the
                                             from the certainty of having a default                  carriers to make the database query.                  proposals in the NPRM, including
                                             rule that clearly names a responsible                   Should originating carriers decline to                comments on the IFRA. This present
                                             party in the absence of an agreement                    perform the number portability database               Final Regulatory Flexibility Analysis
                                             otherwise. We therefore amend our                       query for interexchange calls, the rule               (FRFA) conforms to the RFA.
                                             rules to allow upstream carriers to                     will continue to require interexchange
                                             perform number portability database                     carriers to bear the cost of the query.               A. Need for, and Objectives of, the Final
                                             queries, but require the N–1 carriers to                Furthermore, the N–1 carrier will have                Rules
                                             perform the queries if the upstream                     fulfilled its responsibility to ensure the               30. In this Order, we modernize our
                                             carriers have not.                                      query is performed if any carrier                     systems by setting the stage for more
                                                21. The NANC Architecture Report                     preceding it in the call flow has already             efficient use of the telecommunications
                                             states that an N–1 carrier ‘‘is responsible             performed the query. While we                         network, and pave the way for
                                             for ensuring queries are performed on                   anticipate that in NNP scenarios this                 nationwide number portability (NNP).
                                             an N–1 basis.’’ However, as we have                     will most likely be the originating                   We eliminate rules that were intended
                                             noted, requiring the N–1 carrier to                     carrier, the rule would not prevent other             for a market that was divided along
                                             perform the query can lead to                           parties from performing the query as                  more static, segmented categories of
                                             inefficiencies in call routing in an NNP                well. Therefore, we adjust the N–1 rule,              telecommunications providers. Those
                                             environment. Neustar, Incompas, the                     eliminating § 52.26(a)’s incorporation by             rules are far less applicable to today’s
                                             Voice on the Net Coalition (VON                         reference of the NANC Architecture                    more integrated providers and pricing
                                             Coalition), and Charter all agree that the              Report’s version of the rule and                      plans and may lead to complications
                                             N–1 requirement is no longer necessary                  amending the rule to allow queries by                 that stand in the way of achieving NNP.
                                             and urge the Commission to eliminate it                 carriers other than the N–1 carrier.                     31. We forbear from the interexchange
                                             to prevent the possible routing                                                                               dialing parity requirements for
                                             complications that could come with                      IV. Procedural Matters                                competitive local exchange carriers
                                             NNP. Neustar further points out that the                  24. Final Regulatory Flexibility Act                (LECs), creating a more level playing
                                             N–1 requirement actually provides little                Analysis. Pursuant to the Regulatory                  field with the incumbent LECs who
                                             distinction for most calls, since few                   Flexibility Act of 1980, as amended, the              received forbearance from their
                                             consumers have an interexchange                         Commission’s Final Regulatory                         interexchange dialing parity obligations
                                             carrier that is different from their                    Flexibility Analysis for the Order is                 through the 2015 USTelecom
                                             originating (local) provider. In those                  included in part V.                                   Forbearance Order. Specifically, we
                                             situations, the N–1 carrier is the                        25. Paperwork Reduction Act. This                   revise § 51.205 and remove §§ 51.209,
                                             originating carrier, meaning that the N–                                                                      51.213 and 51.215. We also amend
                                                                                                     document does not contain new
                                             1 requirement is unnecessary. NCTA                                                                            § 52.26(a) to allow originating carriers to
                                                                                                     information collection requirements
                                             and Comcast suggest waiting to                                                                                perform number portability database
                                                                                                     subject to the Paperwork Reduction Act
                                             eliminate the rule until after transition                                                                     queries in the Number Portability
                                                                                                     of 1995 (PRA), Public Law 104–13. In
                                             to the new Number Portability                                                                                 Administration Center/Service
                                                                                                     addition, therefore, it does not contain
                                             Administration Center has occurred, a                                                                         Management System (NPAC/SMS), but
                                                                                                     any new or modified information
                                             process that is now complete.                                                                                 require the N–1 carriers to perform the
                                                22. Many other commenters urge                       collection burden for small business
                                                                                                     concerns with fewer than 25 employees,                queries if the originating carriers have
                                             more caution, however, noting that                                                                            not. This allows greater flexibility for
                                             elimination of the rule without some                    pursuant to the Small Business
                                                                                                     Paperwork Relief Act of 2002, Public                  different carriers to determine who is
                                             specification about who must perform                                                                          best placed to bear the cost of
                                             the query could lead to confusion and                   Law 107–198, see 44 U.S.C. 3506(c)(4).
                                                                                                       26. Congressional Review Act. The                   performing the query.
                                             possible call completion issues. Others
                                             disagree. In light of the record, we                    Commission will send a copy of this                   B. Summary of Significant Issues Raised
                                             believe it best to chart a middle course:               Report and Order to Congress and the                  by Public Comments in Response to the
                                             We eliminate any requirement that                       Government Accountability Office                      IRFA
                                             would prevent an upstream carrier from                  pursuant to the Congressional Review
                                                                                                                                                             32. The Commission did not receive
                                             voluntarily making queries rather than                  Act (CRA), see 5 U.S.C. 801(a)(1)(A).
                                                                                                                                                           comments specifically addressing the
                                             the N–1 carrier. In other words, we                       27. Materials in Accessible Formats.
                                                                                                                                                           rules and policies proposed in the IRFA.
                                             revise the N–1 rule as a default in the                 To request materials in accessible
                                             absence of other agreements. This                       formats for people with disabilities                  C. Response to Comments by Chief
                                             revision accords with CenturyLink and                   (Braille, large print, electronic files,              Counsel for Advocacy of the Small
                                             iconectiv’s interpretation of the NANC                  audio format), send an email to fcc504@               Business Administration
                                             Architecture Report that the current rule               fcc.gov or call the Consumer and                        33. The Chief Counsel did not file any
                                             for N–1 queries operates as a default                   Governmental Affairs Bureau at 202–                   comments in response to the proposed
                                                                                                     418–0530 (voice), 202–418–0432 (tty).
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                                             rule. Although we disagree with those                                                                         rules in this proceeding.
                                             commenters and find a change is                           28. Additional Information. For
                                             necessary, the result gives carriers the                additional information on this                        D. Description and Estimate of the
                                             flexibility to efficiently route calls in an            proceeding, contact Sherwin Siy, FCC                  Number of Small Entities to Which the
                                             NNP environment.                                        Wireline Competition Bureau,                          Rules Will Apply
                                                23. Retaining the N–1 rule as a                      Competition Policy Division, (202) 418–                 34. The RFA directs agencies to
                                             backstop also addresses commenters’                     2783, Sherwin.Siy@fcc.gov.                            provide a description and, where


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                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                         42049

                                             feasible, an estimate of the number of                  governments in the United States. Of                  service are small entities that may be
                                             small entities that may be affected by                  this number there were 37,132 General                 affected by the rules adopted.
                                             the final rules adopted pursuant to the                 purpose governments (county,                             40. Incumbent Local Exchange
                                             NNP NPRM. The RFA generally defines                     municipal and town or township) with                  Carriers (incumbent LECs). Neither the
                                             the term ‘‘small entity’’ as having the                 populations of less than 50,000 and                   Commission nor the SBA has developed
                                             same meaning as the terms ‘‘small                       12,184 Special purpose governments                    a small business size standard
                                             business,’’ ‘‘small organization,’’ and                 (independent school districts and                     specifically for incumbent local
                                             ‘‘small governmental jurisdiction.’’ In                 special districts) with populations of                exchange services. The closest
                                             addition, the term ‘‘small business’’ has               less than 50,000. The 2012 U.S. Census                applicable NAICS Code category is
                                             the same meaning as the term ‘‘small-                   Bureau data for most types of                         Wired Telecommunications Carriers as
                                             business concern’’ under the Small                      governments in the local government                   defined in paragraph 11 of this FRFA.
                                             Business Act. Pursuant to 5 U.S.C.                      category shows that the majority of                   Under that size standard, such a
                                             601(3), the statutory definition of a                   these governments have populations of                 business is small if it has 1,500 or fewer
                                             small business applies ‘‘unless an                      less than 50,000. Based on this data we               employees. According to Commission
                                             agency, after consultation with the                     estimate that at least 49,316 local                   data, 3,117 firms operated in that year.
                                             Office of Advocacy of the Small                         government jurisdictions fall in the                  Of this total, 3,083 operated with fewer
                                             Business Administration and after                       category of ‘‘small governmental                      than 1,000 employees. Consequently,
                                             opportunity for public comment,                         jurisdictions.’’                                      the Commission estimates that most
                                             establishes one or more definitions of                     38. Wired Telecommunications                       providers of incumbent local exchange
                                             such term which are appropriate to the                  Carriers. The U.S. Census Bureau                      service are small businesses that may be
                                             activities of the agency and publishes                  defines this industry as ‘‘establishments             affected by the rules and policies
                                             such definition(s) in the Federal                       primarily engaged in operating and/or                 adopted. One thousand three hundred
                                             Register.’’ A ‘‘small-business concern’’                providing access to transmission                      and seven (1,307) Incumbent Local
                                             is one which: (1) Is independently                      facilities and infrastructure that they               Exchange Carriers reported that they
                                             owned and operated; (2) is not                          own and/or lease for the transmission of              were incumbent local exchange service
                                             dominant in its field of operation; and                 voice, data, text, sound, and video using             providers. Of this total, an estimated
                                             (3) satisfies any additional criteria                   wired communications networks.                        1,006 have 1,500 or fewer employees.
                                             established by the SBA.                                 Transmission facilities may be based on                  41. Competitive Local Exchange
                                                35. Small Businesses, Small                          a single technology or a combination of               Carriers (competitive LECs), Competitive
                                             Organizations, Small Governmental                       technologies. Establishments in this                  Access Providers (CAPs), Shared-Tenant
                                             Jurisdictions. Our actions, over time,                  industry use the wired                                Service Providers, and Other Local
                                             may affect small entities that are not                  telecommunications network facilities                 Service Providers. Neither the
                                             easily categorized at present. We                       that they operate to provide a variety of             Commission nor the SBA has developed
                                             therefore describe here, at the outset,                 services, such as wired telephony                     a small business size standard
                                             three comprehensive small entity size                   services, including VoIP services, wired              specifically for these service providers.
                                             standards that could be directly affected               (cable) audio and video programming                   The appropriate NAICS Code category is
                                             herein. First, while there are industry                 distribution, and wired broadband                     Wired Telecommunications Carriers, as
                                             specific size standards for small                       internet services. By exception,                      defined in paragraph 11 of this FRFA.
                                             businesses that are used in the                         establishments providing satellite                    Under that size standard, such a
                                             regulatory flexibility analysis, according              television distribution services using                business is small if it has 1,500 or fewer
                                             to data from the SBA’s Office of                        facilities and infrastructure that they               employees. U.S. Census data for 2012
                                             Advocacy, in general a small business is                operate are included in this industry.’’              indicate that 3,117 firms operated
                                             an independent business having fewer                    The SBA has developed a small                         during that year. Of that number, 3,083
                                             than 500 employees. These types of                      business size standard for Wired                      operated with fewer than 1,000
                                             small businesses represent 99.9% of all                 Telecommunications Carriers, which                    employees. Based on this data, the
                                             businesses in the United States which                   consists of all such companies having                 Commission concludes that the majority
                                             translates to 28.8 million businesses.                  1,500 or fewer employees. Census data                 of Competitive LECs, CAPs, Shared-
                                                36. Next, the type of small entity                   for 2012 shows that there were 3,117                  Tenant Service Providers, and Other
                                             described as a ‘‘small organization’’ is                firms that operated that year. Of this                Local Service Providers are small
                                             generally ‘‘any not-for-profit enterprise               total, 3,083 operated with fewer than                 entities. According to Commission data,
                                             which is independently owned and                        1,000 employees. Thus, under this size                1,442 carriers reported that they were
                                             operated and is not dominant in its                     standard, the majority of firms in this               engaged in the provision of either
                                             field.’’ Nationwide, as of Aug 2016,                    industry can be considered small.                     competitive local exchange services or
                                             there were approximately 356,494 small                     39. Local Exchange Carriers (LECs).                competitive access provider services. Of
                                             organizations based on registration and                 Neither the Commission nor the SBA                    these 1,442 carriers, an estimated 1,256
                                             tax data filed by nonprofits with the                   has developed a size standard for small               have 1,500 or fewer employees. In
                                             Internal Revenue Service (IRS).                         businesses specifically applicable to                 addition, 17 carriers have reported that
                                                37. Finally, the small entity described              local exchange services. The closest                  they are Shared-Tenant Service
                                             as a ‘‘small governmental jurisdiction’’                applicable NAICS Code category is for                 Providers, and all 17 are estimated to
                                             is defined generally as ‘‘governments of                Wired Telecommunications Carriers, as                 have 1,500 or fewer employees. In
                                             cities, counties, towns, townships,                     defined in paragraph 11 of this FRFA.                 addition, 72 carriers have reported that
                                             villages, school districts, or special                  Under that size standard, such a                      they are Other Local Service Providers.
                                             districts, with a population of less than
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                                                                                                     business is small if it has 1,500 or fewer            Of this total, 70 have 1,500 or fewer
                                             fifty thousand.’’ U.S. Census Bureau                    employees. Census data for 2012 show                  employees. Consequently, the
                                             data from the 2012 Census of                            that there were 3,117 firms that operated             Commission estimates that most
                                             Governments indicates that there were                   that year. Of this total, 3,083 operated              providers of competitive local exchange
                                             90,056 local governmental jurisdictions                 with fewer than 1,000 employees. The                  service, competitive access providers,
                                             consisting of general purpose                           Commission therefore estimates that                   Shared-Tenant Service Providers, and
                                             governments and special purpose                         most providers of local exchange carrier              Other Local Service Providers are small


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                                             42050             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                             entities that may be affected by the                    operators (MVNOs) are included in this                or fewer prepaid calling card providers
                                             adopted rules.                                          industry. The SBA has developed a                     that may be affected by the rules.
                                                42. Interexchange Carriers (IXCs).                   small business size standard for the                     47. Wireless Telecommunications
                                             Neither the Commission nor the SBA                      category of Telecommunications                        Carriers (except Satellite). This industry
                                             has developed a definition for                          Resellers. Under that size standard, such             comprises establishments engaged in
                                             Interexchange Carriers. The closest                     a business is small if it has 1,500 or                operating and maintaining switching
                                             NAICS Code category is Wired                            fewer employees. Census data for 2012                 and transmission facilities to provide
                                             Telecommunications Carriers as defined                  show that 1,341 firms provided resale                 communications via the airwaves, such
                                             in paragraph 11 of this FRFA. The                       services during that year. Of that                    as cellular services, paging services,
                                             applicable size standard under SBA                      number, 1,341 operated with fewer than                wireless internet access, and wireless
                                             rules is that such a business is small if               1,000 employees. Thus, under this                     video services. The appropriate size
                                             it has 1,500 or fewer employees.                        category and the associated small                     standard under SBA rules is that such
                                             According to Commission data, 359                       business size standard, the majority of               a business is small if it has 1,500 or
                                             companies reported that their primary                   these resellers can be considered small               fewer employees. For this industry,
                                             telecommunications service activity was                 entities. According to Commission data,               Census data for 2012 show that there
                                             the provision of interexchange services.                881 carriers have reported that they are              were 967 firms that operated for the
                                             Of this total, an estimated 317 have                    engaged in the provision of toll resale               entire year. Of this total, 955 firms had
                                             1,500 or fewer employees and 42 have                    services. Of this total, an estimated 857             fewer than 1,000 employees. Thus
                                             more than 1,500 employees.                              have 1,500 or fewer employees.                        under this category and the associated
                                             Consequently, the Commission                            Consequently, the Commission                          size standard, the Commission estimates
                                             estimates that the majority of                          estimates that the majority of toll                   that the majority of wireless
                                             interexchange service providers are                     resellers are small entities.                         telecommunications carriers (except
                                             small entities that may be affected by                     45. Other Toll Carriers. Neither the               satellite) are small entities. Similarly,
                                             rules adopted.                                          Commission nor the SBA has developed                  according to internally developed
                                                43. Local Resellers. The SBA has                     a definition for small businesses                     Commission data, 413 carriers reported
                                             developed a small business size                         specifically applicable to Other Toll                 that they were engaged in the provision
                                             standard for the category of                            Carriers. This category includes toll                 of wireless telephony, including cellular
                                             Telecommunications Resellers. The                       carriers that do not fall within the                  service, Personal Communications
                                             Telecommunications Resellers industry                   categories of interexchange carriers,                 Service (PCS), and Specialized Mobile
                                             comprises establishments engaged in                     operator service providers, prepaid                   Radio (SMR) services. Of this total, an
                                             purchasing access and network capacity                  calling card providers, satellite service             estimated 261 have 1,500 or fewer
                                             from owners and operators of                            carriers, or toll resellers. The closest              employees. Consequently, the
                                             telecommunications networks and                         applicable NAICS Code category is for
                                                                                                                                                           Commission estimates that
                                             reselling wired and wireless                            Wired Telecommunications Carriers as
                                                                                                                                                           approximately half of these firms can be
                                             telecommunications services (except                     defined above. Under the applicable
                                             satellite) to businesses and households.                                                                      considered small. Thus, using available
                                                                                                     SBA size standard, such a business is
                                             Establishments in this industry resell                                                                        data, we estimate that the majority of
                                                                                                     small if it has 1,500 or fewer employees.
                                             telecommunications; they do not                                                                               wireless firms can be considered small.
                                                                                                     Census data for 2012 shows that there
                                             operate transmission facilities and                     were 3,117 firms that operated that year.                48. Wireless Communications
                                             infrastructure. Mobile virtual network                  Of this total, 3,083 operated with fewer              Services. This service can be used for
                                             operators (MVNOs) are included in this                  than 1,000 employees. Thus, under this                fixed, mobile, radiolocation, and digital
                                             industry. Under that size standard, such                category and the associated small                     audio broadcasting satellite uses. The
                                             a business is small if it has 1,500 or                  business size standard, the majority of               Commission defined ‘‘small business’’
                                             fewer employees. Census data for 2012                   Other Toll Carriers can be considered                 for the wireless communications
                                             show that 1,341 firms provided resale                   small. According to internally                        services (WCS) auction as an entity with
                                             services during that year. Of that                      developed Commission data, 284                        average gross revenues of $40 million
                                             number, all operated with fewer than                    companies reported that their primary                 for each of the three preceding years,
                                             1,000 employees. Thus, under this                       telecommunications service activity was               and a ‘‘very small business’’ as an entity
                                             category and the associated small                       the provision of other toll carriage. Of              with average gross revenues of $15
                                             business size standard, the majority of                 these, an estimated 279 have 1,500 or                 million for each of the three preceding
                                             these prepaid calling card providers can                fewer employees. Consequently, the                    years. The SBA has approved these
                                             be considered small entities.                           Commission estimates that most Other                  definitions.
                                                44. Toll Resellers. The Commission                   Toll Carriers are small entities that may                49. Wireless Telephony. Wireless
                                             has not developed a definition for Toll                 be affected by the rules.                             telephony includes cellular, personal
                                             Resellers. The closest NAICS Code                          46. Prepaid Calling Card Providers.                communications services, and
                                             Category is Telecommunications                          The SBA has developed a definition for                specialized mobile radio telephony
                                             Resellers. The Telecommunications                       small businesses within the category of               carriers. As noted, the SBA has
                                             Resellers industry comprises                            Telecommunications Resellers. Under                   developed a small business size
                                             establishments engaged in purchasing                    that SBA definition, such a business is               standard for Wireless
                                             access and network capacity from                        small if it has 1,500 or fewer employees.             Telecommunications Carriers (except
                                             owners and operators of                                 According to the Commission’s Form                    Satellite). Under the SBA small business
                                             telecommunications networks and                         499 Filer Database, 500 companies                     size standard, a business is small if it
                                             reselling wired and wireless                                                                                  has 1,500 or fewer employees.
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                                                                                                     reported that they were engaged in the
                                             telecommunications services (except                     provision of prepaid calling cards. The               According to Commission data, 413
                                             satellite) to businesses and households.                Commission does not have data                         carriers reported that they were engaged
                                             Establishments in this industry resell                  regarding how many of these 500                       in wireless telephony. Of these, an
                                             telecommunications; they do not                         companies have 1,500 or fewer                         estimated 261 have 1,500 or fewer
                                             operate transmission facilities and                     employees. Consequently, the                          employees and 152 have more than
                                             infrastructure. Mobile virtual network                  Commission estimates that there are 500               1,500 employees. Therefore, a little less


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                                                               Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations                                          42051

                                             than one third of these entities can be                 operator if its annual revenues, when                 Specifically, we revise § 51.205 and
                                             considered small.                                       combined with the total annual                        remove §§ 51.209, 51.215 and 51.215.
                                                50. Cable and Other Subscription                     revenues of all its affiliates, do not                We also amend the § 52.26(a)
                                             Programming. This industry comprises                    exceed $250 million in the aggregate.                 requirement that the second-to-last
                                             establishments primarily engaged in                     Based on available data, we find that all             carrier handling a call request is
                                             operating studios and facilities for the                but nine incumbent cable operators are                responsible for ensuring that the NPAC/
                                             broadcasting of programs on a                           small entities under this size standard.              SMS is queried, explaining that carriers
                                             subscription or fee basis. The broadcast                We note that the Commission neither                   earlier in the chain are allowed to make
                                             programming is typically narrowcast in                  requests nor collects information on                  the query if they so choose. The
                                             nature (e.g. limited format, such as                    whether cable system operators are                    revisions and elimination of rules
                                             news, sports, education, or youth-                      affiliated with entities whose gross                  remove impediments to NNP and do not
                                             oriented). These establishments produce                 annual revenues exceed $250 million.                  impose any reporting, recordkeeping, or
                                             programming in their own facilities or                  Although it seems certain that some of                other compliance requirements.
                                             acquire programming from external                       these cable system operators are
                                             sources. The programming material is                    affiliated with entities whose gross                  F. Steps Taken To Minimize Significant
                                             usually delivered to a third party, such                annual revenues exceed $250,000,000,                  Economic Impact on Small Entities, and
                                             as cable systems or direct-to-home                      we are unable at this time to estimate                Significant Alternatives Considered
                                             satellite systems, for transmission to                  with greater precision the number of                     55. The RFA requires an agency to
                                             viewers. The SBA has established a size                 cable system operators that would                     describe any significant, specifically
                                             standard for this industry stating that a               qualify as small cable operators under                small business alternatives that it has
                                             business in this industry is small if it                the definition in the Communications                  considered in developing its approach,
                                             has 1,500 or fewer employees. The 2012                  Act.                                                  which may include the following four
                                             Economic Census indicates that 367                         53. All Other Telecommunications.                  alternatives (among others): ‘‘(1) the
                                             firms were operational for that entire                  ‘‘All Other Telecommunications’’ is                   establishment of differing compliance or
                                             year. Of this total, 357 operated with                  defined as follows: ‘‘This U.S. industry              reporting requirements or timetables
                                             less than 1,000 employees. Accordingly                  is comprised of establishments that are               that take into account the resources
                                             we conclude that a substantial majority                 primarily engaged in providing                        available to small entities; (2) the
                                             of firms in this industry are small under               specialized telecommunications                        clarification, consolidation, or
                                             the applicable SBA size standard.                       services, such as satellite tracking,                 simplification of compliance or
                                                51. Cable Companies and Systems                      communications telemetry, and radar                   reporting requirements under the rule
                                             (Rate Regulation). The Commission has                   station operation. This industry also                 for small entities; (3) the use of
                                             developed its own small business size                   includes establishments primarily                     performance, rather than design,
                                             standards for the purpose of cable rate                 engaged in providing satellite terminal               standards; and (4) an exemption from
                                             regulation. Under the Commission’s                      stations and associated facilities                    coverage of the rule, or any part thereof,
                                             rules, a ‘‘small cable company’’ is one                 connected with one or more terrestrial                for small entities.’’
                                             serving 400,000 or fewer subscribers                    systems and capable of transmitting                      56. The rules adopted herein remove
                                             nationwide. Industry data indicate that                 telecommunications to, and receiving                  dialing parity requirements for
                                             there are currently 4,600 active cable                  telecommunications from, satellite                    competitive LECs and allows the
                                             systems in the United States. Of this                   systems. Establishments providing                     second-to-last carrier handling a call
                                             total, all but nine cable operators                     internet services or voice over internet              request to query the NPAC/SMS in a
                                             nationwide are small under the 400,000-                 protocol (VoIP) services via client                   manner that allows more flexibility. As
                                             subscriber size standard. In addition,                  supplied telecommunications                           a result, the economic impact on
                                             under the Commission’s rate regulation                  connections are also included in this                 affected carriers should be minimal
                                             rules, a ‘‘small system’’ is a cable system             industry.’’ The SBA has developed a                   because they impose no new
                                             serving 15,000 or fewer subscribers.                    small business size standard for ‘‘All                requirements.
                                             Current Commission records show 4,600                   Other Telecommunications,’’ which
                                             cable systems nationwide. Of this total,                consists of all such firms with gross                 G. Report to Congress
                                             3,900 cable systems have fewer than                     annual receipts of $32.5 million or less.               57. The Commission will send a copy
                                             15,000 subscribers, and 700 systems                     For this category, Census Bureau data                 of the Order, including this FRFA, in a
                                             have 15,000 or more subscribers, based                  for 2012 show that there were 1,442                   report to be sent to Congress pursuant
                                             on the same records. Thus, under this                   firms that operated for the entire year.              to the Congressional Review Act. In
                                             standard as well, we estimate that most                 Of those firms, a total of 1,400 had                  addition, the Commission will send a
                                             cable systems are small entities.                       annual receipts less than $25 million.                copy of the Order, including this FRFA,
                                                52. Cable System Operators (Telecom                  Consequently, we conclude that the                    to the Chief Counsel for Advocacy of the
                                             Act Standard). The Communications                       majority of All Other                                 SBA. A copy of the Order and FRFA (or
                                             Act of 1934, as amended, also contains                  Telecommunications firms can be                       summaries thereof) will also be
                                             a size standard for small cable system                  considered small.                                     published in the Federal Register.
                                             operators, which is ‘‘a cable operator
                                             that, directly or through an affiliate,                 E. Description of Projected Reporting,                VI. Ordering Clauses
                                             serves in the aggregate fewer than one                  Recordkeeping, and Other Compliance                      29. It is ordered, pursuant to sections
                                             percent of all subscribers in the United                Requirements                                          1, 4(i), 10, 201(b), and 251(e) of the
                                             States and is not affiliated with any                     54. In this Order, we forbear from the              Communication Act of 1934, as
                                             entity or entities whose gross annual                   toll interexchange dialing parity
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                                                                                                                                                           amended, 47 U.S.C. 151, 154(i), 160,
                                             revenues in the aggregate exceed                        requirements for competitive LECs                     201(b), and 251(e) that this Report and
                                             $250,000,000 are approximately                          creating a more level playing field with              Order is adopted.
                                             52,403,705 cable video subscribers in                   the incumbent LECs who received                          30. It is further ordered that parts 51
                                             the United States today. Accordingly, an                forbearance from their interexchange                  and 52 of the Commission’s rules, 47
                                             operator serving fewer than 524,037                     dialing parity obligations through the                CFR 51.205, 51.209, 51.213, 51.215,
                                             subscribers shall be deemed a small                     2015 USTelecom Forbearance Order.                     52.26 are amended as set forth in the


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                                             42052             Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Rules and Regulations

                                             ‘‘Final Rules’’ section below, and that                 ■ d. Revising paragraph (c).                          FEDERAL COMMUNICATIONS
                                             this amendment shall be effective 30                      The revisions and addition read as                  COMMISSION
                                             days after publication of this Report and               follows:
                                             Order in the Federal Register.                                                                                47 CFR Part 54
                                                31. It is further ordered that the                   § 52.26 NANC Recommendations on Local                 [WC Docket No. 10–90; DA 18–710]
                                             Commission’s Consumer &                                 Number Portability Administration.
                                             Governmental Affairs Bureau, Reference                                                                        Connect America Fund
                                             Information Center, shall send a copy of                   (a) Local number portability
                                             this Report and Order to Congress and                   administration shall comply with the                  AGENCY:  Federal Communications
                                             the Government Accountability Office                    recommendations of the North                          Commission.
                                             pursuant to the Congressional Review                    American Numbering Council (NANC)                     ACTION: Final action.
                                             Act, see 5 U.S.C. 801(a)(1)(A).                         as set forth in the report to the
                                                                                                     Commission prepared by the NANC’s                     SUMMARY:   In this document, the
                                             List of Subjects in 47 CFR Parts 51 and                 Local Number Portability                              Wireline Competition Bureau (WCB),
                                             52                                                                                                            the Wireless Telecommunications
                                                                                                     Administration Selection Working
                                                                                                                                                           Bureau (WTB) (jointly referred to herein
                                               Communications common carriers,                       Group, dated April 25, 1997 (Working
                                                                                                                                                           as the Bureaus), and the Office of
                                             Telecommunications, Telephone.                          Group Report) and its appendices,                     Engineering and Technology (OET)
                                             Federal Communications Commission.                      which are incorporated by reference                   adopt requirements promoting greater
                                             Katura Jackson,                                         pursuant to 5 U.S.C. 552(a) and 1 CFR                 accountability for certain recipients of
                                             Federal Register Liaison Officer, Office of the         part 51. Except that: Sections 7.8 and                Connect America Fund (CAF) high-cost
                                             Secretary.                                              7.10 of Appendix D and the following                  universal service support, including
                                                                                                     portions of Appendix E: Section 7, Issue              price cap carriers, rate-of-return carriers,
                                             Final Rules                                             Statement I of Appendix A, and                        rural broadband experiment (RBE)
                                               For the reasons discussed in the                      Appendix B in the Working Group                       support recipients, Alaska Plan carriers,
                                             preamble, the Federal Communications                    Report are not incorporated herein.                   and CAF Phase II auction winners.
                                             Commission amends 47 CFR parts 51                                                                             Specifically, the Bureaus and OET
                                                                                                        (b) * * *
                                             and 52 as follows:                                                                                            establish a uniform framework for
                                                                                                        (1) Each designated N–1 carrier (as                measuring the speed and latency
                                             PART 51—INTERCONNECTION                                 described in the Working Group Report)                performance for recipients of high-cost
                                                                                                     is responsible for ensuring number                    universal service support to serve fixed
                                             ■ 1. The authority citation for part 51 is              portability queries are performed on a
                                             revised to read as follows:                                                                                   locations.
                                                                                                     N–1 basis where ‘‘N’’ is the entity                   DATES: This final action is effective
                                               Authority: 47 U.S.C. 151–55, 201–05, 207–             terminating the call to the end user, or              September 19, 2018.
                                             09, 218, 225–27, 251–52, 271, 332 unless                a network provider contracted by the
                                             otherwise noted.                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                     entity to provide tandem access, unless               Suzanne Yelen, Wireline Competition
                                             ■   2. Revise § 51.205 to read as follows:              another carrier has already performed                 Bureau, (202) 418–7400 or TTY: (202)
                                             § 51.205   Dialing parity: General.
                                                                                                     the query;                                            418–0484.
                                                A local exchange carrier (LEC) shall                 *      *    *     *     *                             SUPPLEMENTARY INFORMATION: This is a
                                             provide local dialing parity to                            (c) The Director of the Federal                    summary of the Commission’s Order in
                                             competing providers of telephone                        Register approves this incorporation by               WC Docket No. 10–90; DA 18–710,
                                             exchange service, with no unreasonable                  reference in accordance with 5 U.S.C.                 adopted on July 6, 2018 and released on
                                             dialing delays. Dialing parity shall be                 552(a) and 1 CFR part 51. Copies of the               July 6, 2018. The full text of this
                                             provided for originating                                                                                      document is available for public
                                                                                                     Working Group Report and its
                                             telecommunications services that                                                                              inspection during regular business
                                                                                                     appendices can be inspected during
                                             require dialing to route a call.                                                                              hours in the FCC Reference Center,
                                                                                                     normal business hours at the following                Room CY–A257, 445 12th Street SW,
                                             § 51.209   [Removed]                                    locations: FCC Reference Information                  Washington, DC 20554 or at the
                                                                                                     Center, 445 12th Street SW, Room                      following internet address: https://
                                             ■   3. Remove § 51.209.
                                                                                                     CY–A257, Washington, DC 20554 or at                   docs.fcc.gov/public/attachments/DA-18-
                                             § 51.213   [Removed]                                    the National Archives and Records                     710A1.pdf.
                                             ■   4. Remove § 51.213.                                 Administration (NARA). For
                                                                                                     information on the availability of this               I. Introduction
                                             § 51.215   [Removed]                                    material at NARA, call (202) 741–6030,                   1. In the Order, the Bureaus and OET
                                             ■   5. Remove § 51.215.                                 or go to: https://www.archives.gov/                   adopt requirements promoting greater
                                                                                                     federal-register/cfr/ibr-locations.html.              accountability for certain recipients of
                                             PART 52—NUMBERING                                       The Working Group Report and its                      CAF high-cost universal service
                                                                                                     appendices are also available on the                  support, including price cap carriers,
                                             ■ 6. The authority citation for part 52 is              internet at https://docs.fcc.gov/public/              rate-of-return carriers, RBE support
                                             revised to read as follows:                                                                                   recipients, Alaska Plan carriers, and
                                                                                                     attachments/DOC-341177A1.pdf.
                                               Authority: 47 U.S.C. 151–55, 201–05, 207–                                                                   CAF Phase II auction winners.
                                                                                                     [FR Doc. 2018–17843 Filed 8–17–18; 8:45 am]
                                             09, 218, 225–27, 251–54, 271, 303(r), 332,                                                                    Specifically, the Bureaus and OET
                                                                                                     BILLING CODE 6712–01–P
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                                             1302.                                                                                                         establish a uniform framework for
                                             ■ 7. Amend § 52.26 by:                                                                                        measuring the speed and latency
                                             ■ a. Revising paragraph (a);                                                                                  performance for recipients of high-cost
                                             ■ b. Redesignating paragraphs (b)(1)                                                                          universal service support to serve fixed
                                             through (3) as paragraphs (b)(2) through                                                                      locations.
                                             (4);                                                                                                             2. The Bureaus and OET also require
                                             ■ c. Adding a new paragraph (b)(1); and                                                                       providers to submit testing results as


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Document Created: 2018-08-18 01:29:18
Document Modified: 2018-08-18 01:29:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 19, 2018.
ContactFor further information about this proceeding, please contact Sherwin Siy, FCC Wireline Competition Bureau, Competition Policy Division, Room 5-C225, 445 12th St. SW, Washington, DC 20554, (202) 418-2783, [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele at (202) 418-2991.
FR Citation83 FR 42045 
CFR Citation47 CFR 51
47 CFR 52
CFR AssociatedCommunications Common Carriers; Telecommunications and Telephone

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