[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Proposed Rules]
[Pages 63651-63653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30434]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket No. 01-321; FCC 01-339]


Performance Measurements and Standards for Interstate Special 
Access Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on whether the Commission should 
adopt a select group of performance measurements and standards for 
evaluating incumbent local exchange carrier (incumbent LEC) performance 
in the provisioning of special access services. These comments will 
assist the Commission in ensuring that these services are provisioned 
in a just, reasonable, and nondiscriminatory manner.

DATES: Comments are due January 9, 2002, and Reply Comments are due 
January 30, 2002.

FOR FURTHER INFORMATION CONTACT: Jon Reel, Attorney Advisor, Policy and 
Program Planning Division, Common Carrier Bureau, (202) 418-1580.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in CC Docket No. 01-321, FCC 01-339, 
adopted November 16, 2001, and released November 19, 2001. The complete 
text of this Notice of Proposed Rulemaking is available for inspection 
and copying during normal business hours in 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 duplicating contractor, Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
202-863-2893, facsimile 202-863-2898, or via e-mail [email protected]. 
It is also available on the Commission's website at http://www.fcc.gov.

Synopsis of the Notice of Proposed Rulemaking

    1. Jurisdiction and Enforcement. The Commission has broad authority 
to establish national performance measurements and standards for 
special access services pursuant to sections 201, 202, and 272 of the 
Act. The Commission seeks comment on how, if the Commission were to 
adopt special access measures and standards, the state commissions 
might participate in enforcing these requirements. The Commission also 
seeks comment on whether and to what extent the Commission should 
exercise the fully panoply of enforcement mechanisms available to it 
under the Act to enforce any national measurements and standards it may 
adopt.
    2. Performance Measures and Standards. In this NPRM, the Commission 
seeks comment on whether the Commission should adopt interstate special 
access measures and standards at this juncture. It seeks comment on 
whether national measurements, standards, and reporting requirements 
for special access provisioning should apply to all incumbent LECs, or 
should exclude small, rural or midsized incumbent LECs. The Commission 
also seeks comment on whether the proposed performance measurements and 
standards for unbundled network

[[Page 63652]]

elements should apply to provisioning of both high-capacity loops and 
special access circuits.
    3. Suggested Model Performance Measures and Standards. The NPRM 
calls commenters attention to measurements and standards that have been 
proposed by New York in Proceeding on Motion of the Commission to 
Review Service Quality Standards for Telephone Companies, Order 
Adopting Revisions to Inter-Carrier Service Quality Guidelines, Case 
97-C-0139 (December 15, 2000); New York State Carrier-to-Carrier 
Guidelines Performance Standards and Reports, NYPSC Case 97-C-0139 
(Jan. 2001), and in Texas in Texas Performance Remedy Plan and 
Performance Measurement, Attachment 17 to Texas 271 Agreement (Version 
2.0) (Aug. 2001). To facilitate access by commenters, these documents 
have been filed in the docket of the instant proceeding, CC Docket No. 
01-321. The NPRM also calls commenters attention to proposals by 
WorldCom on August 6, 2001 and by Time Warner on July 16, 2001; these 
documents have also been filed in the docket of the instant proceeding, 
CC Docket. No. 01-321. Commenters are also directed to the performance 
measurements and standards in the Performance Measurements and 
Standards for Unbundled Network Elements and Interconnection Notice, CC 
Docket No. 01-318, FCC No. 01-331, at Section IV.B.
    4. Implementation. The Commission asks commenters to discuss the 
same issues that apply in the context of performance measures and 
standards for UNEs and interconnection, namely (1) How may we best 
ensure that reported data are sufficiently accurate to form the basis 
for an enforcement action? (2) Should penalties be imposed if data 
inaccuracies are detected? (3) How may the Commission ensure the valid 
and accurate implementation of business rules and exclusions? (4) What 
auditing procedures, if any, are reasonable? (5) Would industry 
workshops under the direction of regulators be useful, and if so, 
should we adopt safeguards against delay and stalemate? In addition, 
the Commission solicits comment on appropriate reporting procedures 
that may help foster competition while avoiding increases on the 
overall burdens imposed on incumbent LECs. The Commission also seeks 
comment regarding the development, implementation, and analysis of the 
results of statistical measures that might be applicable and 
appropriately used in analyzing performance data.
    5. Sunset Requirements. The Commission contemplates that when the 
services discussed herein are provisioned in a nondiscriminatory, just 
and reasonable manner, the Commission will suspend any reporting 
requirements that have become unnecessary. Accordingly, the Commission 
seeks comment on whether it should establish a sunset date on which the 
proposed reporting requirements would cease to apply to incumbent LECs. 
In particular, the Commission asks parties to comment on whether the 
reporting requirements should sunset on a date certain, such as in two, 
three or four years, or whether it should establish a specific trigger 
event. Similarly, for BOCs, the Commission seeks comment on whether 
these rules should sunset on a date certain after section 271 approval. 
The Commission also requests comments on additional proposals parties 
may have on establishing a sunset date.

Initial Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act (RFA), as amended, 
the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the expected economic impact on small entities by 
the policies and rules proposed in this NPRM. Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the NPRM. 
The Commission will send a copy of the NPRM, including this IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the NPRM will be published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    7. In this NPRM, the Commission seeks comment on whether it should 
adopt a limited number of measurements and standards for evaluating 
incumbent local exchange carrier performance with respect to ordering, 
provisioning and maintaining and repairing of the facilities that are 
critical for competitive carriers to compete for end-user customers.

Legal Basis

    8. The legal basis for any action that may be taken pursuant to the 
NPRM is contained in sections 1, 2, 4, 201, 202, 205, 206, 207, 209, 
272, 303(r) and 503(b) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154, 201, 202, 205, 206, 207, 209, 272, 303(r) and 
503(b).

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    9. The RFA directs agencies to provide a description and, an 
estimate where feasible, of the number of small entities that will be 
affected by any rules. The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' For 
the purposes of this Order, the RFA defines a ``small business'' to be 
the same as a ``small business concern'' under the Small Business Act, 
15 U.S.C. 632, unless the Commission has developed one or more 
definitions that are appropriate to its activities. Under the Small 
Business Act, a ``small business concern'' is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) meets any additional criteria established by the 
Small Business Administration (SBA). Consistent with the SBA's Office 
of Advocacy's view, we have included small incumbent LECs in this RFA 
analysis. We emphasize, however, that this RFA action has no effect on 
the Commission's analyses and determinations in other, non-RFA 
contexts.
    10. Local Exchange Carriers. The most reliable source of 
information regarding the number of LECs nationwide appears to be the 
data that we collect annually in connection with the Telecommunications 
Relay Service. According to our most recent data, there are 1,335 
incumbent LECs. Although some of these carriers may not be 
independently owned and operated, or have more than 1,500 employees, we 
are unable at this time to estimate with greater precision the number 
of LECs that would qualify as small business concerns under the SBA's 
definition. Consequently, we estimate that there are less than 1,335 
small entity incumbent LECs that may be affected by the proposals in 
the NPRM.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    11. We expect that any proposal we may adopt pursuant this NPRM 
will not substantially increase existing reporting, recordkeeping or 
other compliance requirements. The Commission already requires the 
filing of service quality reports and many states require the same of 
incumbent LECs.

[[Page 63653]]

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    12. One objective of this proceeding is to adopt reporting 
requirements for UNEs that will not increase the existing regulatory 
burdens on small carriers.

Ordering Clauses

    13. Pursuant to Sections 1, 2, 4, 201, 202, 205, 206, 207, 209, 
272, 303(r) and 503(b) of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154, 201, 202, 205, 206, 207, 209, 272, 303(r), and 
503(b) a NOTICE OF PROPOSED RULEMAKING IS ADOPTED.
    14. CC Docket No. 00-51 IS HEREBY TERMINATED.
    15. The Commission's Consumer Information Bureau, Reference 
Information Center, SHALL SEND a copy of this NPRM, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-30434 Filed 12-7-01; 8:45 am]
BILLING CODE 6712-01-P