[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Proposed Rules]
[Pages 67320-67322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28606]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 36

[CC Docket No. 80-286; DA 00-2433]


Comment Sought on Recommended Decision Issued by Federal-State 
Joint Board on Jurisdictional Separations

AGENCY: Federal Communications Commission.

ACTION: Proposed rules; solicitation of comments.

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SUMMARY: This document seeks comment on the Federal-State Joint Board 
on Jurisdictional Separations' Recommended Decision for instituting an 
interim freeze of the relationships and jurisdictional allocation 
factors.

DATES: Submit comments on or before November 24, 2000, and reply 
comments on or before December 4, 2000.

ADDRESSES: See Supplementary Information section for where and how to 
file comments.

FOR FURTHER INFORMATION CONTACT: William Cox, (202) 418-7400; TTY: 
(202) 418-0484.

SUPPLEMENTARY INFORMATION: The full text of this document is available 
for public inspection and copying during regular business hours at the 
FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC, 20554. This document may also be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc. (ITS), 1231 20th Street, NW., Washington, 
DC 20036, telephone 202-857-3800, facsimile 202-857-3805.
    On July 21, 2000, the Federal-State Joint Board on Jurisdictional 
Separations (Joint Board) released a Recommended Decision for 
instituting an interim freeze of the part 36 category relationships and 
jurisdictional allocation factors. On August 15, 2000, we released a 
public notice, similar to this Public Notice, that sought comment on 
the Recommended Decision. The Aug. 15 Public Notice inadvertently was 
not published in the Federal Register. In order to provide adequate 
notice to interested parties, we now release this Public Notice seeking 
comment on the Recommended Decision. Parties who have already filed 
comments in response to the Aug. 15 Public Notice need not refile their 
comments.
    The Joint Board recommended that the Commission institute a five-
year freeze of all part 36 category relationships and allocation 
factors for price cap carriers, and a freeze of the allocation factors 
for rate-of-return carriers. The Joint Board recommended that the 
Commission adopt a freeze based on carriers' data from the twelve 
months prior to the Commission's issuance of an order on the 
Recommended Decision. The Joint Board further recommended that the 
freeze should be mandatory and apply to all carriers subject to the 
Commission's part 36 rules. The Joint Board recommended that the freeze 
remain in effect for five years, or until the Commission takes further 
action pursuant to a recommendation from the Joint Board, whichever 
occurs first. During the interim freeze period, the Joint Board 
recommended that the Joint Board and the Commission continue to review 
issues regarding separations reform, as specified in the Recommended 
Decision. We seek comment on the Joint Board's recommendations.
    The Joint Board also recommended that the Commission further 
develop the record in this proceeding on the impact of increased 
intrastate usage on jurisdictional allocations and consumers since 
1995. Accordingly, we seek comment on the impact of increased 
intrastate usage since 1995 on jurisdictional allocations and 
consumers. The Joint Board noted that one possible explanation for the 
increase in intrastate usage is the growth in the use of the local 
network to connect to the Internet since 1995. As a result, we seek 
comment on the impact of Internet traffic growth on jurisdictional 
allocations since 1995. We request that companies provide specific 
information on Internet usage minutes, including the percentage of 
local minutes and total minutes that represent Internet traffic. This 
usage information should include data from Internet service providers 
both affiliated and non-affiliated with incumbent local exchange 
carriers. If estimates are used in determining these statistics, we 
request that commenters provide detailed explanation and justification

[[Page 67321]]

for these estimates and their underlying assumptions, including all 
studies and related work papers.
    The Joint Board recommended that, if the Commission finds that 
Internet traffic is jurisdictionally interstate in the proceeding that 
has been initiated as a result of the remand by the United States Court 
of Appeals for the DC Circuit on the Commission's Reciprocal 
Compensation Ruling, 64 FR 14203, March 24, 1999, the Commission freeze 
the local dial equipment minutes (DEM) factor for the duration of the 
freeze at some substantial portion of the current year level based on 
data from the twelve months preceding the implementation of the freeze. 
The Joint Board recommended that, based on the record established in 
connection with the Recommended Decision, the precise percentage of the 
current year's local DEM should be established according to how much of 
a reduction in local DEM is warranted in light of any effects that 
Internet usage has had on jurisdictional allocations or consumers. We 
seek comment on this recommendation.

Procedures for Filing Comments

    Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments on or before November 24, 2000, 
and reply comments on or before December 4, 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, 63 FR 24121, May 1, 1998. Comments filed through the ECFS 
can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an 
electronic submission must be filed. If multiple docket or rulemaking 
numbers appear in the caption of this proceeding, however, 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 may also submit electronic comments by Internet e-mail. 
To receive filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form your e-mail address>.'' 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. If more 
than one docket or rulemaking number appears in the caption of this 
proceeding, commenters must submit two additional copies for each 
additional docket or rulemaking number. All filings must be sent to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Washington, DC 
20554.
    Parties also must send paper copies of their filings to the 
individuals listed in the attached Service List. Parties must send 
three paper copies of their filing to Sheryl Todd, Accounting Policy 
Division, Common Carrier Bureau, Federal Communications Commission, 445 
Twelfth Street SW., Room 5-B540, Washington, DC 20554. In addition, 
commenters must send diskette copies to the Commission's copy 
contractor, International Transcription Service, Inc., 1231 20th 
Street, NW., Washington, DC 20037.
    Pursuant to Sec. 1.1206 of the Commission's rules, this proceeding 
will be conducted as a permit-but-disclose proceeding in which ex parte 
communications are permitted subject to disclosure.

Separations Joint Board Service List

The Honorable William E. Kennard, Chairman, Federal Joint Board 
Chairman, Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.
The Honorable Susan Ness, Commissioner, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554.
The Honorable Michael K. Powell, Commissioner, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554.
The Honorable Joseph P. Mettner, Commissioner, Wisconsin Public Service 
Commission, P.O. Box 7854, Madison, WI 53707-7854.
The Honorable Diane Munns, Commissioner, Iowa Utilities Board, 350 
Maple Street, Des Moines, IA 50319-0069.
The Honorable Joan H. Smith, Commissioner, Oregon Public Utility 
Commission, 550 Capitol Street, NE., Suite 215, Salem, OR 97310-2551.
The Honorable Thomas L. Welch, Chairman, State Joint Board Chairman, 
Maine Public Utilities Commission, State House Station #18, 242 State 
Street, Augusta, ME 04333.
Stephen Burnett, Federal Communications Commission, Common Carrier 
Bureau, Accounting Policy Division, 445 12th Street, SW., Washington, 
DC 20554.
William Cox, Federal Joint Board Staff Chairman, Federal Communications 
Commission, Common Carrier Bureau, Accounting Policy Division, 445 12th 
Street, SW., Washington, DC 20554.
Andrew Firth, Federal Communications Commission, Common Carrier Bureau, 
Accounting Policy Division, 445 12th Street, SW., Washington, DC 20554.
Genaro Fullano, Federal Communications Commission, Common Carrier 
Bureau, Accounting Policy Division, 445 12th Street, SW., Washington, 
DC 20554.
Robert Loube, Federal Communications Commission, Common Carrier Bureau, 
Accounting Policy Division, 445 12th Street, SW., Washington, DC 20554.
Richard Robinson, Federal Communications Commission, CCB, Accounting 
Safeguards Division, 445 12th Street, SW., Room 6-C160, Washington, DC 
20552.
Gary Seigel, Federal Communications Commission, Common Carrier Bureau, 
Accounting Policy Division, 445 12th Street, SW., Washington, DC 20554.
Sheryl Todd, Federal Communications Commission, Common Carrier Bureau, 
Accounting Policy Division, 445 12th Street, SW., Room 5-B540, 
Washington, DC 20554.
Sharon Webber, Deputy Division Chief, Federal Communications 
Commission, Common Carrier Bureau, Accounting Policy Division, 445 12th 
Street, SW., Washington, DC 20554.
Peter Bluhm, Vermont Public Service Board, Drawer 20, 112 State St., 
4th Floor, Montpelier, VT 05620-2701.
Ingo Henningsen, Utah Public Service Commission, 160 East 300 South, 
Box 146751, Salt Lake City, UT 84114-6751.
Sandy Ibaugh, Indiana Utility Regulatory Commission, 302 W. Washington, 
Suite E-306, Indianapolis, IN 46204.
Lori Kenyon, Regulatory Commission of Alaska, 1016 West 6th Ave., Suite 
400, Anchorage, AK 99501-1963.
David Lynch, State Joint Board Staff Chairman, Iowa Utilities Board, 
350 Maple Street, Des Moines, IA 50319-0069.
J. Bradford Ramsay, National Association of Regulatory Utility 
Commissioners, P.O. Box 684, Washington, DC 20044-0683.
Jeffrey J. Richter, Wisconsin Public Service Commission, 610 North 
Whitney Way, Madison, Wisconsin 53705-2729.
Joel B. Shifman, Maine Public Utilities Commission, State House Station 
#18, 242 State Street, Augusta, ME 04333.

[[Page 67322]]

Fred Sistarenik, New York State Department of Public Service, 
Communications Division, 3 Empire State Plaza, Albany, NY 12223.
Cynthia Van Landuyt, Oregon Public Utility Commission, 550 Capitol 
Street, N.E., Suite 215, Salem, OR 97310-2551.

    Dated: November 2, 2000
Sharon L. Webber,
Deputy Chief, Accounting Policy Division.
[FR Doc. 00-28606 Filed 11-8-00; 8:45 am]
BILLING CODE 6712-01-P