[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Rules and Regulations]
[Pages 17013-17014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8498]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 36

[CC Docket Nos. 78-72, 80-286; DA 01-2427]


MTS and WATS Market Structure and Establishment of a Joint Board

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Office of the Managing Director 
(Managing Director) grants the petition of US West Communications, Inc. 
(U.S. West) and makes technical revisions to the Commission's 
jurisdictional separations rules. Specifically, the Managing Director 
amends the Commission's rules to correct misspellings and to remove 
certain text inadvertently added to a rule section upon original 
publication in the Code of Federal Regulations.

DATES: Effective May 9, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew Firth, Attorney, Common Carrier 
Bureau, Accounting Policy Division, (202) 418-2694.

SUPPLEMENTARY INFORMATION: This is a summary of the Managing Director's 
Order in CC Docket Nos. 78-72 and 80-286, adopted on October 17, 2001 
and released on October 18, 2001. The full text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 Twelfth Street, SW., 
Washington, DC, 20554.
    1. In this Order, pursuant to authority delegated to the Managing 
Director at Sec. 0.231(b) of the Commission's rules, we make certain 
technical and non-substantive corrections to the Commission's part 36 
jurisdictional separations rules to reflect a printing error brought to 
our attention by US West Communications, Inc. (U.S. West) in a Petition 
for Technical Corrections. In its Petition, U.S. West notes that the 
Commission's 1989 Decision and Order in this docket (MTS and WATS 
Market Structure, Amendment of Part 36 of the Commission's Rules and 
Establishment of a Joint Board, Decision and Order, CC

[[Page 17014]]

Docket Nos. 78-72 and 80-286, 4 FCC Rcd. 5660), 54 FR 31032 (July 26, 
1989), revised the description of Subcategory 1.1 of Category 1 
Exchange Line Cable and Wire Facilities.
    2. US West notes that, when the revised rule as stated above was 
published in the Federal Register and adopted into the Code of Federal 
Regulations at 47 CFR 36.154(a), the word ``carrying'' was misspelled 
as ``carring'' and certain text was inadvertently added to the section.
    3. Pursuant to the procedure set forth in Sec. 0.231(b) of the 
Commission's rules, the Commission's Common Carrier Bureau (Bureau) has 
reviewed the US West petition. As the Commission has not adopted any 
modification to the rule that originally appeared in the 1989 Decision 
and Order, the Bureau agrees with US West that technical correction of 
47 CFR 36.154(a) is appropriate and has approved this correction. We 
therefore direct that the current language found in the Code of Federal 
Regulations at 47 CFR 36.154(a) be amended to reflect exactly the 
original language in the 1989 Decision and Order. Because the amendment 
we are making is merely a technical correction that does not alter the 
substance of the rule, we find, for good cause, that notice and comment 
under the Administrative Procedure Act is not necessary.

Ordering Clause

    4. Pursuant to sections 1-2, 4, 201-205, 215, 218, 220, 229, 254 
and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
152, 154, 201-205, 215, 218, 220, 229, 254, and 410, the Administrative 
Procedure Act, 5 U.S.C. 533(b)(3)(B), and pursuant to authority 
delegated to the Managing Director at section 0.231(b) of the 
Commission's rules, 47 CFR 0.231(b), that the Petition for Technical 
Corrections filed by US West, Communications Inc. on February 16, 2000, 
is granted.
    5. The non-substantive technical correction to the Code of Federal 
Regulations, specifically at 47 CFR 36.154(a), as outlined in the Rule 
Changes, is adopted.

List of CFR Subjects 47 CFR Part 36

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone, Uniform System of Accounts.

Federal Communications Commission.
Katherine L. Schroder,
Division Chief, Telecommunications Access Policy Division, Wireline 
Competition Bureau.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends part 36 of title 47 of the Code of 
Federal Regulations as follows:

PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES 
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, 
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES

Subpart B--Telecommunications Property

    1. The authority citation for part 36 continues to read:

    Authority: 47 U.S.C. Secs. 151, 154 (i) and (j), 205, 221 (c), 
254, 403 and 410.

    2. In Sec. 36.154(a), Subcategory 1.1 is revised to read as 
follows:


Sec. 36.154.  Exchange Line Cable and Wire Facilities (C&WF)--Category 
1--Apportionment Procedures.

    (a) * * *
    Subcategory 1.1--State Private Lines and State WATS Lines. This 
subcategory shall include all private lines and WATS lines carrying 
exclusively state traffic as well as private lines and WATS lines 
carrying both state and interstate traffic if the interstate traffic on 
the line involved constitutes ten percent or less of the total traffic 
on the line.
* * * * *
[FR Doc. 02-8498 Filed 4-8-02; 8:45 am]
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