[Federal Register Volume 62, Number 44 (Thursday, March 6, 1997)]
[Rules and Regulations]
[Pages 10221-10222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5498]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 53
[CC Docket No. 96-149; FCC 96-489]
Implementation of the Non-Accounting Safeguards of Sections 271
and 272 of the Communications Act of 1934, as Amended; Final rule;
Correction
AGENCY: Federal Communications Commission.
ACTION: Final rule; Correction.
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SUMMARY: This documents contains corrections to the final regulations
which were published Tuesday, January 21, 1997 (62 FR 2927). The
regulations related to special provisions relating to Bell Operating
Companies.
EFFECTIVE DATE: March 6, 1997.
FOR FURTHER INFORMATION CONTACT: Joe Di Scipio (202) 418-1580.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
affect Bell Operating Companies.
Need for correction
As published, the final regulations contain errors which may prove
to be misleading and are in need of clarification. Accordingly, the
publication on January 21, 1997 of the final regulations (FCC 97-52) is
corrected as follows:
1. On page 2939, in the second column, the first indented paragraph
is replaced by the following:
We note that, under Computer II and Computer III, we have treated
three categories of protocol processing services as basic services,
rather than enhanced services. These categories include protocol
processing: (1) involving communications between an end user and the
network itself (e.g., for initiation, routing, and termination of
calls) rather than between or among users; (2) in connection with the
introduction of a new basic network technology (which requires protocol
conversion to maintain compatibility with existing CPE); and (3)
involving internetworking (conversions taking place solely within the
carrier's network to facilitate provision of a basic network service,
that result in no net conversion to the end user). We agree with PacTel
that analogous treatment should be extended to these categories of
protocol processing services under the statutory regime. Because the
listed protocol processing services are information service
capabilities used ``for the management, control, or operation of a
telecommunications system or the management of a telecommunications
service,'' they are excepted from the statutory definition of
information service. These excepted protocol conversion services
constitute telecommunications services, rather than information
services, under the 1996 Act.
2. On page 2940, column 3, the first indented paragraph is replaced
by the following:
Remote Databases/Network Efficiency. BOCs may not provide interLATA
services in their own regions, either over their own facilities or
through resale, before receiving authorization from the Commission
under section 271(d). Therefore, we conclude that BOCs may not provide
interLATA information services, except for those designated as
incidental interLATA services under section 271(g), in any of their in-
region states prior to obtaining section 271 authorization. Section
271(g)(4) designates as an incidental interLATA service the interLATA
provision by a BOC or its affiliate of ``a service that permits a
customer that is located in one
[[Page 10222]]
LATA to retrieve stored information from, or file information for
storage in, information storage facilities of such company that are
located in another LATA.'' Because BOCs were able to provide incidental
interLATA services immediately upon enactment of the 1996 Act, they may
provide interLATA information services that fall within the scope of
section 271(g)(4) without receiving section 271(d) authorization from
the Commission. Since section 271(g)(4) services are not among the
incidental interLATA services exempted from section 272 separate
affiliate requirements, however, they must be provided in compliance
with those requirements. To the extent that parties have argued in the
record that centralized data storage and retrieval services that fall
within section 271(g)(4) either are not interLATA information services,
or are not subject to the section 272 separate affiliate requirements,
we specifically reject these arguments.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-5498 Filed 3-5-97; 8:45 am]
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