[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12603]


[[Page Unknown]]

[Federal Register: May 24, 1994]


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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64

[CC Docket No. 92-256, FCC 94-58]

 

Common Carriers; Open Network Architecture Requirements an 
Nondiscrimination Safeguards

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopted an order applying to GTE Corporation 
the same regulatory framework of Open Network Architecture (ONA) 
requirements and nondiscrimination safeguards that apply to the Bell 
Operating Companies (BOCs) for GTE's participation in the enhanced 
services market. Under this order, GTE will be required to file an ONA 
plan within nine months of the release of this order, file federal and 
state ONA tariffs three months later, and implement ONA requirements 
and nondiscrimination safeguards fifteen months from the release of 
this order. The Commission stated that the public interest benefits of 
applying these measures to GTE amply justify its taking the next 
logical step toward an overall environment that will foster a fully 
competitive market for the provision of enhanced services to the 
American public.

EFFECTIVE DATE: June 23, 1994.

FOR FURTHER INFORMATION CONTACT: Peggy Reitzel, Policy and Program 
Planning Division, Common Carrier Bureau (202) 632-1300.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The requirements have been analyzed with respect to the Paperwork 
Reduction Act of 1980, as amended, 44 U.S.C. Sec. Sec. 3501-20. The 
information collection contained herein is not subject to the clearance 
provisions of 44 U.S.C. 3507 because it is imposed on less than nine 
respondents.

Regulatory Flexibility Act

    In the NPRM the Commission certified that the Regulatory 
Flexibility Act of 1980 did not apply to this proceeding because the 
rule amendments would not have a significant economic impact on a 
substantial number of small business entities, as defined by section 
601(3) of the Regulatory Flexibility Act. The rule changes directly 
apply only to GTE which is considered dominant in its field of 
operation. Neither the Chief Counsel for Advocacy of the Small Business 
Administration nor any commenting party challenged the Commission's 
analysis. The Secretary of the Commission is required to send a copy of 
this Report and Order, including the certification, to the Chief 
Counsel for Advocacy of the Small Business Administration in accordance 
with paragraph 605(b) of the regulatory Flexibility Act. Pub. L. No. 
96-354, 94 Stat. 1164, 5 U.S.C. Section 601 et seq.

Summary of Report and Order

    1. This is a summary of the Report and Order in Common Carrier 
Docket No. 92-256, Application of Open Network Architecture and 
Nondiscrimination Safeguards to GTE Corporation, adopted March 8, 1994, 
and released April 4, 1994 (FCC 94-58). The full text of the 
Commission's decision is available for inspection and copying, Monday 
through Friday, 9 a.m.--4:30 p.m., in the FCC Reference Room (room 
239), 1919 M Street, NW., Washington, DC 20554. The complete text of 
the Report and Order may also be purchased from the Commission's copy 
contractor, ITS, Inc., (202) 857-3800, 2100 M Street, NW., suite 140, 
Washington, DC 20037.
    2. Over the last eight years, the Commission established a 
comprehensive regulatory framework of nonstructural safeguards, 
including Open Network Architecture (ONA) requirements and 
nondiscrimination safeguards, to govern the Bell Operating Companies' 
(BOCs') participation in the enhanced services marketplace. Under ONA, 
BOCs are required to offer unbundled ONA services to enhanced service 
providers (ESPs). By requiring the BOCs to offer unbundled network 
services to ESPs, ONA increases opportunities for enhanced services 
providers (ESPs) to provide, and customers to receive, a wide range of 
enhanced services. The nondiscrimination safeguards consist of Customer 
Proprietary Network Information (CPNI) rules, Network Information 
Disclosure rules, and nondiscrimination reporting requirements.
    3. The Commission initially did not require local telephone 
companies other than the BOCs to comply with ONA requirements and 
nondiscrimination safeguards. The Commission stated that it would 
revisit the issue of applying these requirements to GTE once initial 
ONA implementation by the BOCs was completed. After gaining substantial 
experience with the BOCs, on December 2, 1992, the Commission released 
a Notice of Proposed Rulemaking (NPRM) to seek comment on its proposal 
to apply to GTE the ONA requirements and nondiscrimination safeguards 
that govern the BOCs' participation in the enhanced services market (57 
FR 62544, Dec. 21, 1992).
    4. In the Report and Order adopted March 8, 1994 (FCC 94-58), the 
Commission decided that it should no longer exempt GTE from complying 
with ONA requirements and nondiscrimination safeguards. The Commission 
concluded that applying these measures to GTE will extend greater 
access to the largest non-BOC local telephone company, thus 
facilitating the provision of additional information age services and 
greater price competition to consumers.
    5. GTE's primary argument against the imposition of these 
requirements appeared to be the implementation costs. The Commission, 
however, concluded that the benefits of applying these requirements to 
GTE substantially outweigh the costs involved based on GTE's estimated 
implementation costs. The Commission concluded that the implementation 
costs are not greatly affected by inclusion of GTE's more dispersed, 
rural service areas because, according to GTE, the costs of 
implementing ONA are primarily fixed costs related to modifying GTE's 
centralized systems.
    6. In addition, the Commission concluded that GTE, by many 
measures, is one of the largest local telephone companies in the United 
States. When compared to the BOCs, GTE ranks second behind BellSouth in 
total operating revenue, total gross plant, and the number of 
employees. While GTE has many service areas that are smaller and more 
rural than those of the BOCs, it has more working loops than 
Southwestern Bell even if GTE study areas with less than 200,000 
working loops are excluded. GTE also serves a number of major urban 
areas in Florida, California, Hawaii, and Texas, that resemble BOC 
service areas. The Commission concluded that consumers in GTE's large 
service areas would benefit substantially from an environment that 
fosters the competitive provision of enhanced services.
    7. The Commission also concluded that GTE's voluntary ONA measures, 
while commendable, fall short of the BOC standards and cannot achieve 
the Commission's goals. Specifically, the Commission concluded that 
GTE's network disclosure and customer proprietary network information 
(CPNI) programs lack certain important elements contained in the BOC's 
requirements. Also, GTE's voluntary program does not include disclosure 
of important information that the BOCs must report. Thus, the 
Commission required GTE to implement BOC ONA requirements and comply 
with the BOC nondiscrimination safeguards.
    8. Based on the experience gained in implementing ONA for the BOCs, 
the Commission was able to streamline this process for GTE. The 
Commission referred GTE to the numerous orders in the Computer III and 
ONA proceedings that provide detailed review and guidance on how it 
should implement ONA. The Commission required GTE to comply with the 
comparably efficient interconnection requirements and all other ONA 
requirements imposed in the Computer III and ONA proceedings. The 
Commission did not require that GTE detail these measures in the ONA 
plan it must submit to the Commission as long as GTE's ONA program 
follows specific procedures approved for the BOCs and is consistent 
with requirements set out in the ONA orders. If GTE wants to request 
authority to meet the requirements in a different way, it must justify 
the request in its ONA plan.
    9. GTE is also required to participate in the Information Industry 
Liaison Committee (IILC) beginning thirty days after publication of 
this Order in the Federal Register. GTE also must report to the 
Commission on its progress on IILC activities as the BOCs are required 
to do.
    10. GTE is required to demonstrate in its ONA plan that its 
proposed initial offering of ONA services will adequately meet the 
needs of enhanced service providers (ESPs) in its service areas. GTE 
also must comply with the ONA deployment projection reporting 
requirements applicable to the BOCs. This information must be filed 
with GTE's ONA plan nine months after release of this order. 
Thereafter, the deployment report must be filed annually with the other 
annual reports on July 31 of each year beginning July 31, 1996. GTE 
will also be subject to all of the annual and semi-annual ONA reporting 
requirements that are applicable to the BOCs, and the reports must be 
filed on July 31 of each year beginning July 31, 1996. In addition, GTE 
is required to begin providing the semi-annual tariff report that the 
BOCs are required to file. The Commission required GTE to begin 
providing this report to the Commission on September 30, 1995, and 
every six months thereafter.
    11. The Commission also required GTE to comply with the 
nondiscrimination requirements that govern the BOCs' provision of 
enhanced services. These nondiscrimination safeguards consist of CPNI 
rules, network information disclosure rules, and nondiscrimination 
reporting requirements. The Commission stated that as a Tier 1 local 
exchange carrier, GTE is already fully subject to the cost accounting 
safeguards adopted in the BOC Safeguards Order.
    12. The Commission required GTE to comply with the CPNI 
requirements established for the BOCs within fifteen months of the 
release of this Order. Since GTE may need additional time to implement 
password ID systems, the Commission allowed GTE two years from the 
release of this order to comply with the password ID requirements. GTE 
must describe in its ONA plan how it will meet the CPNI requirements 
and include the CPNI notification letter it proposes to send to its 
multiline business customers.
    13. GTE is also required to comply with the Commission's Operations 
Support Systems (OSS) requirements within fifteen months from the 
release of this Order. The Commission also required GTE to comply with 
the network disclosure rules effective fifteen months from the release 
of this Order. GTE is not required to detail how it meets these 
requirements in its ONA plan as long as GTE's procedures follow 
specific procedures approved for the BOCs and are consistent with the 
Commission's requirements in a specific manner already approved for the 
BOCs.
    14. The Commission also required GTE to comply with the 
nondiscrimination reporting requirements applicable to the BOCs. In 
particular, GTE must file an annual affidavit stating that it does not 
discriminate in providing ONA services to competitive ESPs and their 
customers, including the installation, maintenance, and quality of such 
services. The annual affidavit must be signed by the officer 
principally responsible for ONA service quality, installation, and 
maintenance. GTE is also required to file quarterly installation and 
maintenance reports using the reporting categories adopted for BOC 
reports unless GTE proposes and the Commission approves a different 
format for its quarterly report in GTE's ONA plan. GTE's initial 
installation and maintenance report is to cover the first full calendar 
quarter following the implementation date for ONA requirements and 
nondiscrimination safeguards and thereafter must be filed quarterly. 
The report for each calendar quarter is due thirty days after the close 
of that calendar quarter. GTE's format should be consistent with the 
installation and maintenance system reports required of the BOCs and 
described in the BOC ONA Reconsideration Order.
    GTE may, however, attempt to justify different service categories 
at a comparable level of detail. The Commission delegated authority to 
the Chief, Common Carrier Bureau to review and to act on any requested 
changes to the reporting categories.
    15. The Commission concluded that the experience it has gained from 
its lengthy review of the BOCs' initial ONA plans and tariffs, as well 
as from the implementation of approved BOC ONA service offerings, will 
enable it to streamline the review of GTE's initial ONA service 
offerings. GTE shall submit an ONA plan within nine months of the 
release of this Order and shall file state and federal ONA tariffs for 
its ONA services within one year of the release of this order. The 
Commission required that GTE implement all ONA requirements and 
nondiscrimination safeguards fifteen months after the release of this 
order unless another time period is specified in the order. These 
requirements include those that have been developed in the Computer III 
and Computer III remand proceedings and the ONA orders, as well as any 
future requirements that the Commission may establish for the BOCs, 
unless GTE is specifically exempted. The tariffs will be subject to the 
requirements established in the ONA proceeding and the federal tariffs 
will also be subject to the pricing and other requirements of CC Docket 
No. 89-79, relating to the creation of access charge subelements and 
cost support requirements for ONA. GTE must amend its initial federal 
ONA tariff to include any additional requirements that are adopted so 
close to the GTE tariff filing date that they cannot be reflected in 
the initial tariff filing as soon as possible during the three month 
public notice period.
    16. The Commission described filing dates in this order as being a 
certain number of months after a particular event. In such cases the 
filing or other such date will be the same day of the month as the 
triggering event, but the specified number of months later. Months 
shall be counted beginning with the month after the one in which the 
triggering event occurs. Filing dates falling on a weekend or official 
federal government holiday will be moved to the next business day.
    17. Finally, the Commission adopted the same preemption of state 
network disclosure requirements for GTE that was established for the 
BOCs in the BOC Safeguards Order. The Commission determined that no 
other modification to the preemption of state requirements adopted in 
the BOC Safeguards Order was warranted.

Ordering Clauses

    18. Accordingly, It is ordered, that pursuant to Sections 1, 4 (i) 
and (j), 201-205, 218, 220 & 404 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154 (i) & (j), 201-205, 218, 220 & 404, and 
Section 553 of the Administrative Procedure Act, 5 U.S.C., 553, that 
the policies, rules, and requirements set forth herein are adopted.
    19. It is further ordered, That GTE shall file an ONA plan nine 
months after release of this Order.
    20. It is further ordered, That GTE shall file ONA tariffs three 
months after the date for filing the ONA plan. The federal tariffs 
shall be scheduled to become effective on three months public notice.
    21. It is further ordered, That GTE shall implement ONA 
requirements and nondiscrimination safeguards within fifteen months 
from the release of this Order.
    22. It is further ordered, That GTE shall provide the reports 
described herein.
    23. It is further ordered, That GTE shall comply with the CPNI 
password ID requirements within two years from the release of this 
Order.
    24. It is further ordered, That the petition to expand the scope of 
this proceeding filed by North American Telecommunications Association 
(NATA) is denied.
    25. It is further ordered, That the decisions in this Report and 
Order shall be effective thirty days after publication in the Federal 
Register.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone, Computer technology.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-12603 Filed 5-23-94; 8:45 am]
BILLING CODE 6712-01-M