[Federal Register Volume 68, Number 55 (Friday, March 21, 2003)]
[Rules and Regulations]
[Pages 13849-13850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6781]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 68

[FCC 02-104]


Amendment of the Commission's Rules To Reflect the Commission's 
Recent Reorganization

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules pertaining 
to agency organization, procedure, and practice to reflect the 
Commission's Report and Order that privatized and streamlined the 
standards development and approval processes for terminal equipment 
regulated under part 68, and the Commission's Order that transferred 
enforcement of part 68 rules to the Enforcement Bureau.

DATES: Effective March 21, 2003.

FOR FURTHER INFORMATION CONTACT: Gayle Radley Teicher, Industry 
Analysis and Technology Division, Wireline Competition Bureau, voice 
202-418-0940, fax 202-418-0520.

SUPPLEMENTARY INFORMATION: By this Order, the Federal Communications 
Commission (Commission) amends parts 0 and 68 of its rules to reflect 
the Commission's Report and Order, 66 FR 7579, January 24, 2001 that 
privatized and streamlined the standards development and approval 
processes for terminal equipment regulated under part 68, and the 
Commission's Order, 67 FR 13216, March 21, 2002 that transferred 
enforcement of part 68 rules to the Enforcement Bureau. Specifically, 
the Commission eliminates Sec.  0.303 to reflect the transfer of 
authority for part 68 terminal equipment certification to private 
industry. In addition, the Commission amends Sec.  0.91 to acknowledge 
the changed role of the Commission in the equipment certification 
process. Finally, the Commission amends certain additional rules to 
reflect the Commission's recent transfer of responsibility for 
enforcement regarding terminal equipment to the Enforcement Bureau.
    In the part 68 Report and Order, the Commission eliminated 
significant portions of the rules governing the connection of customer 
premises equipment (or terminal equipment) to the public switched 
telephone network (PSTN). The part 68 Report and Order privatized the 
certification of terminal equipment and the development of technical 
criteria with which terminal equipment must comply to be connected with 
the PSTN. By these actions, the Commission minimized or eliminated the 
role of the federal government in these processes. Therefore, it is no 
longer necessary to delegate authority to the Wireline Competition 
Bureau to act upon applications for certification of terminal 
equipment, and the Commission eliminates Sec.  0.303 accordingly. The 
Commission modifies Sec.  0.91, however, to reflect that the Wireline 
Competition Bureau retains authority to consider appeals resulting from 
any failure of private industry to resolve issues pertaining to 
technical criteria for part 68 terminal equipment.
    In light of recent transfer of part 68 enforcement responsibility 
to the Enforcement Bureau, the Commission also eliminates the specific 
part 68 complaint rules. Formal complaints against carriers for 
violations of part 68 will now be handled pursuant to the general rules 
regarding formal complaints against common carriers. This action will 
bring adjudication of such complaints into conformity with the 
Commission's other rules regarding complaints against common carriers. 
These rules will also apply to formal complaints against common 
carriers regarding hearing aid compatibility and volume control 
requirements. The Commission also amends Sec.  68.211 of the rules to 
reflect that revocation of part 68 certification will now be handled by 
the Enforcement Bureau.

Procedural Matters

    The modifications to parts 0 and 68 undertaken by this Order are 
rules that pertain to agency organization, procedure and practice. 
Consequently, the notice and comment provisions of the Administrative 
Procedure Act are inapplicable.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to section 5 of the 
Communications Act of 1934, as amended, 47 U.S.C. 155, parts 0 and 68 
of the Commission's rules are amended effective March 21, 2003.

List of Subjects

47 CFR Part 0

    Organization and functions, Reporting and recordkeeping 
requirements.

47 CFR Part 68

    Administrative practice and procedures, Communications common 
carriers, Telecommunications, Enforcement.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0 and 68 as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as mended; 47 U.S.C. 155.

[[Page 13850]]


    2. Section 0.91 is amended by redesignating paragraphs (j) through 
(l) as paragraphs (k) through (m) and by adding new paragraph (j) to 
read as follows:


Sec.  0.91  Wireline Competition Bureau.

* * * * *
    ( j ) Act on petitions for de novo review of decisions of the 
Administrative Council for Terminal Attachments regarding technical 
criteria pursuant to Sec.  68.614.
* * * * *


Sec.  0.303  [Removed and Reserved]

    3. Section 0.303 is removed and reserved.

PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK

    4. The authority citation for part 68 continues to read as follows:

    Authority: 47 U.S.C. 154, 155 and 303.


    5. Section 68.211 is amended by revising paragraph (b) to read as 
follows:


Sec.  68.211  Terminal equipment approval revocation procedures.

* * * * *
    (b) Notice of intent to Revoke Interconnection Authority. Before 
revoking interconnection authority under the provisions of this 
section, the Commission, or the Enforcement Bureau under delegated 
authority, will issue a written Notice of Intent to Revoke Part 68 
Interconnection Authority, or a Joint Notice of Apparent Liability for 
Forfeiture and Notice of Intent to Revoke Part 68 Interconnection 
Authority pursuant to Sec. Sec.  1.80 and 1.89 of this chapter.
* * * * *


Sec. Sec.  68.400 through 68.412  [Removed and Reserved]

    6. Sections 68.400 through 68.412 are removed and reserved.

[FR Doc. 03-6781 Filed 3-20-03; 8:45 am]
BILLING CODE 6712-01-P