[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Proposed Rules]
[Pages 39335-39336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16166]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 61, and 69

[CC Docket Nos. 96-262 and 97-146; DA 00-1268]


Commission Asks Parties To Update and Refresh Record on Mandatory 
Detariffing of CLEC Interstate Access Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule: comments requested.

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SUMMARY: The Federal Communications Commission (Commission) sought 
comment in two rulemaking dockets, the Access Charge Reform rulemaking 
docket and the Complete Detariffing for Competitive Access Providers 
and Competitive Local Exchange Carriers (CLEC Detariffing) rulemaking 
docket, regarding the regulatory or market-based approaches that would 
ensure that competitive local exchange carrier (CLEC) rates for 
interstate access are reasonable. Among the proposals discussed in 
these proceedings, the Commission invited interested parties to comment 
on whether mandatory detariffing of CLEC interstate access service 
rates would provide a market-based deterrent to excessive terminating 
access charges. As indicated in this Notice, interested parties may 
file comments and reply comments to update and refresh the records of 
these proceedings regarding mandatory detariffing of CLEC interstate 
access services.

DATES: Submit comments on or before July 12, 2000. Submit reply 
comments on or before July 24, 2000.

ADDRESSES: Submit electronic comments and other data to http://www.fcc.gov/e-file/ecfs.html. See Supplementary Information for file 
formats and other information about electronic filing. Submit paper 
copies to the Commission's Secretary, Magalie Roman Salas, Office of 
the Secretary, Federal Communications Commission 445--12th Street S.W., 
TW-A325, Washington, D.C. 20554. See Supplementary Information for 
information on additional instructions for filing paper copies.

FOR FURTHER INFORMATION CONTACT: Joi Roberson Nolen, 202-418-1537.

SUPPLEMENTARY INFORMATION: On April 28, 2000, the court of appeals 
upheld the Commission's 1996 order requiring detariffing for 
interstate, domestic, interexchange services of nondominant 
interexchange carriers. See MCI WorldCom v. FCC, 209 F.3d 760 (D.C. 
Cir. 2000); Policy and Rules Concerning the Interstate, Interexchange 
Marketplace, CC Docket No. 96-61, Second Report and Order, 61 FR 59340 
(November 2, 1996) (IXC Detariffing Order). On May 1, 2000, the court 
lifted the stay of the IXC Detariffing Order and the rules adopted in 
the order became effective. See MCI WorldCom v. FCC, No. 96-1459, slip 
op. (D.C. Cir., May 1, 2000). In light of the court's ruling, in this 
Notice, we invite parties to update and refresh the record regarding 
mandatory detariffing of CLEC interstate access services.
    Specifically, commenters should discuss whether and, if so, how 
mandatory detariffing: (1) Addresses any market failure to constrain 
terminating access rates; (2) provides a market-based solution to 
excessive terminating charges by encouraging parties to negotiate 
terminating access charges; (3) provides the same benefits identified 
in the CLEC Detariffing rulemaking proceeding for permissive 
detariffing; (4) offers additional public interest benefits beyond 
permissive detariffing; (5) precludes the use of the filed rate 
doctrine to nullify contractual arrangements; (6) reduces the 
administrative burden on the Commission of maintaining tariffs; and (7) 
reduces the economic burden on the non-ILECs of filing tariffs.
    This matter shall be treated as a ``permit but disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200, 1.1206. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substance of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
Sec. 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
    Regulatory Flexibility Analysis and Paperwork Reduction Analysis. 
The Notice of Proposed Rulemaking in the CLEC Detariffing rulemaking 
docket and both the Notice of Proposed Rulemaking and the Further 
Notice of Proposed Rulemaking in the Access Charge Reform rulemaking 
docket contained Initial Regulatory Flexibility Analyses (IRFA) as 
required by the Regulatory Flexibility Act (RFA). See 5 U.S.C. 603; see 
also 5 U.S.C. 601 et seq., as amended by the Contract with America 
Advancement Act of 1996, Public Law 104-121, 110 Stat. 8747 
(1996)(CWAA). See Access Charge Reform, CC Docket No. 96-262, Notice of 
Proposed Rulemaking, Third Report and Order, and Notice of Inquiry, 62 
FR 4670 (January 31, 1997); Access Charge Reform, CC Docket No. 96-262, 
Fifth Report and Order and Further Notice of Proposed Rulemaking, 64 FR 
51280 (September 22, 1999)); Hyperion Telecommunications, Inc. and Time 
Warner Petitions for Forbearance, Complete Detariffing for Competitive 
Access Providers and Competitive Local Exchange Carriers, CC Docket No. 
97-146, Memorandum Opinion and Order and Notice of Proposed Rulemaking, 
62 FR 38244, June 19, 1997 (collectively, NPRMs). In addition, the 
NPRMs also invited the general public and the Office of Management and 
Budget (OMB) to comment on the information collections contained in the 
NPRMs, as required by the Paperwork Reduction Act of 1995, Public Law 
104-13. Because this Notice does not set forth substitute rules for, or 
changes to, those contained in the NPRMs, the initial IRFAs therefore 
are not revised nor do we now solicit additional comments on the 
information collections contained in the NPRMs.
    Legal Basis. The proposed action is supported by Sections 4(i), 
4(j), 201-205, 251, 252, 253 and 403.
    Filing Comments. Pursuant to Secs. 1.415 and 1.419 of the 
Commission's rules, 47 CFR 1.415, 1.419, interested parties may file 
comments on or before July 12, 2000. Interested parties may file reply 
comments on or before July 24, 2000. Comments may be filed using the 
Commission's Electronic Comment Filing system (ECFS) or by filing paper 
copies. See Electronic Filing of Documents in Rulemaking Proceedings, 
64 FR 24121 (May 1, 1998). Comments filed through ECFS can be sent as 
an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Commenters must transmit one electronic copy of the comments 
to each docket or rulemaking number referenced in the caption. In 
completing the transmittal screen, commenters should include their full 
name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties also may submit an electronic comment by 
Internet e-mail. To get filing instructions for e-mail

[[Page 39336]]

comments, commenters should send an e-mail message to [email protected] and 
include ``get form your e-mail address>'' in the body of the message. A 
sample form and directions will be sent in reply. Parties who choose to 
file by paper must file an original and four copies of each filing with 
the Commission's Secretary, Magalie Roman Salas, Office of the 
Secretary, Federal Communications Commission, 445--12th Street, S.W., 
TW-A325, Washington, D.C. 20554. In addition, one copy of each pleading 
must be filed with International Transcription Services (ITS), the 
Commission's duplicating contractor, at its office at 1231--20th 
Street, N.W., Washington, D.C. 20036, and one copy with the Chief, 
Competitive Pricing Division, 445--12th Street, S.W., TW--A225, 
Washington, D.C. 20554.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Telecommunications.

47 CFR Part 61

    Access Charges, Communications common carriers, Telephone.

47 CFR Part 69

    Communications common carriers, Telephone.
Federal Communications Commission.

Magalie Roman Salas,
Secretary.
[FR Doc. 00-16166 Filed 6-23-00; 8:45 am]
BILLING CODE 6712-01-U