[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Rules and Regulations]
[Pages 33480-33481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13039]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 51 and 54

[CC Docket No. 95-20, FCC 99-387]


Computer III Further Remand Proceedings: Bell Operating Company 
Provision of Enhanced Services; Clarification

AGENCY: Federal Communications Commission.

ACTION: Clarification of final rule.

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SUMMARY: This document grants in part and denies in part a petition to 
reconsider the Commission's Computer III Remand Order, stating that the 
Bell Operating Companies (BOCs) should no longer be required to file 
service-specific Comparably Efficient Interconnection (CEI) plans for 
information services that are offered on an integrated basis through 
the regulated entity and obtain approval of those plans prior to 
initiating or altering their intraLATA information services. This 
document clarifies that BOCs are obligated to post on their websites a 
complete copy of all their CEI plans.

EFFECTIVE DATE: May 24, 2000.

FOR FURTHER INFORMATION CONTACT: Ann Stevens, Attorney, Common Carrier 
Bureau, Policy and Program Planning Division, (202) 418-1580. Further 
information may also be obtained by calling the Common Carrier Bureau's 
TTY number: 202-418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
adopted December 9, 1999, and released December 17, 1999. The full text 
of this Order is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street, SW., Room 
CY-A257, Washington, DC. The complete text also may be obtained through 
the World Wide Web, at http://www.fcc.gov/Bureaus/CommonCarrier/ 
Orders/fcc99-387.wp, or may be purchased from the Commission's copy 
contractor, International Transcription Services, Inc. (202) 857-3800, 
1231 20th Street, NW., Washington, DC 20036.

Regulatory Flexibility Certification

    Bell Atlantic and SBC submitted comments on July 12, 1999 and CIX 
and BellSouth Corporation filed replies to the comments to the 
Commission's request for comment on its certification. In this present 
Order , the Commission promulgates no additional final rules, and our 
action does not affect the previous analysis.

Synopsis of Order on Reconsideration

    1. In this Order, we address a petition for reconsideration or 
clarification of the Computer III Remand Order, CC Docket No. 95-20, 
FCC 99-387, filed by Commercial Internet eXchange Association (CIX).
    2. The Commission concluded in that order that although the BOCs 
must continue to comply with their CEI obligations, they should no 
longer be required to file or obtain pre-approval of CEI plans and plan 
amendments before initiating or altering their intraLATA information 
services. Instead, we required the BOCs to ``post on their publicly 
accessible Internet page, linked to and searchable from the BOCs main 
Internet page, their CEI plan for any new or altered intraLATA 
information service offering, and to notify the Common Carrier Bureau 
upon such posting.
    3. CIX filed a petition for reconsideration or clarification of two 
aspects of two aspects of the Computer III Report and Order, 64 FR 
14141 (3/24/99). CIX first asks that the Commission establish that 
incumbent LECs must disclose in advance and via their web sites the 
planned deployment of digital subscriber line access multiplexers 
(DSLAMs) on a wire-center basis, and provide adequate prior notice on 
the status of line conditioning for a given customer or group of 
customers. Information on the deployment of broadband 
telecommunications, CIX continues, should be available to all competing 
information services providers (ISPs), and should not be used as a 
means to favor the incumbent's affiliated ISP. CIX also asks that the 
Commission clarify that the BOCs are obligated to post a complete copy 
of all their CEI plans on their websites, so that all ISPs have ready 
information available concerning interconnection with the BOC's ``last 
mile'' network.

[[Page 33481]]

II. Discussion

    4. The Commission has reviewed the initial request made by CIX in 
its petition--that we clarify our network information disclosure rules 
to require incumbent local exchange carriers to provide information 
regarding DSLAMs and line conditioning to ISPs. CIX essentially asks 
the Commission to clarify that section 251(c)(5) of the Communications 
Act and the rules implementing that section require disclosure of such 
information. We decline to do so. The Commission did not raise this 
issue in the Further Notice of Proposed Rulemaking in these dockets. 
Thus, the CIX request for clarification with regard to information on 
deployment of DSLAMs and line conditioning is beyond the scope of this 
proceeding. Accordingly, we deny that request for clarification on 
reconsideration.
    5. CIX next requests that the Commission clarify that the BOCs are 
obligated to post on their websites a complete copy of all their CEI 
plans--rather than merely a copy of ``new or altered'' plans. We grant 
this request. It was not our intention in the Computer III Report and 
Order to exclude from the CEI posting requirement the BOCs' existing 
plans. As CIX notes in its petition, it is important for all CEI plans 
to be available on the BOCs' websites, including those previously filed 
plans. Otherwise, it would be difficult for the ISPs to get information 
regarding plans filed with the Commission under the prior CEI regime. 
Moreover, we do not believe that requiring the BOCs to post all their 
plans and plan amendments--both old and new--is unduly burdensome, 
especially given the benefit of having all these plans in one, easily 
accessible place. Accordingly, we clarify that the BOCs must post all 
their existing and new CEI plans and plan amendments on their Internet 
websites and notify the Common Carrier Bureau at the time of the 
posting.

III. Ordering Clause

    6. The petition for reconsideration and clarification filed by the 
Commercial Internet eXchange Association IS GRANTED IN PART and IS 
DENIED IN PART, to the extent discussed above.

Federal Communications Commission
    Magalie Roman Salas,
Secretary.
[FR Doc. 00-13039 Filed 5-23-00; 8:45 am]
BILLING CODE 6712-01-P