[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Rules and Regulations]
[Pages 61152-61154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23191]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 96-146; RM-8783; ENF-95-20; FCC 04-162]


Policies and Rules Governing Interstate Pay-Per-Call and Other 
Information Services, and Toll-free Number Usage; Truth-in-Billing and 
Billing Format

AGENCY: Federal Communications Commission.

ACTION: Final rules.

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SUMMARY: In this document, the Commission closes CC Docket 96-146, a 
rulemaking initiated in 1996 to implement portions of the 
Telecommunications Act of 1996 (1996 Act) governing pay-per-call and 
related information services. This docket was opened specifically for 
the purpose of implementing section 228 as amended by the 1996 Act. In 
1996, the Commission released an Order and Notice of Proposed 
Rulemaking that adopted new rules, incorporating much of the statute 
verbatim, and completed implementation of the new provision of section 
228. In the years since the rules took effect, the shape of the pay-
per-call industry, technology in general, and regulatory perspectives 
have changed considerably. For reasons of administrative efficiency, 
the Commission now closes that docket. Furthermore, in this document, 
the Commission denies a related application for review, dismisses a 
petition to initiate a rulemaking, and corrects a word error in the 
existing rules.

DATES: Effective July 16, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ruth Yodaiken, of the Consumer & 
Government Affairs Bureau at (202) 418-2512 (voice), or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order (MO&O), Policies and Rules Governing 
Interstate Pay-Per-Call and Other Information Services Pursuant to the 
Telecommunications Act of 1996, Policies and Rules Implementing the 
Telephone Disclosure and Dispute Resolution Act, Florida Public Service 
Commission Petition to Initiate Rulemaking to Adopt Additional 
Safeguards; Application for Review of Advisory Ruling Regarding 
Directly Dialed Calls to International Information Services, CC Docket 
No. 96-146, RM 8783, ENF-95-20; FCC 04-162, adopted July 1, 2004, and 
released July 16, 2004. This MO&O document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore, 
it does not contain any new or modified ``information collection burden 
for small business concerns with fewer than 25 employees,'' pursuant to 
the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4). On July 16, 2004, the Commission also 
released a Notice of Proposed Rulemaking (NPRM), Policies and Rules 
Governing Interstate Pay-Per-Call and Other Information Services 
Pursuant to the Telecommunications Act of 1996; Policies and Rules 
Governing Interstate Pay-Per-Call and Other Information Services, and 
Toll-free Number Usage; Truth-in-Billing and Billing Format, CC Docket 
Nos. 96-146 and 98-170, CG Docket No. 04-244; FCC 04-162, that contains 
proposed information requirements. The full text of this document is 
available on the Commission's website Electronic Comment Filing System 
and for public inspection during regular business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC 
20554. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected], or call the Consumer & Governmental 
Affairs

[[Page 61153]]

Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This MO&O can 
also be downloaded in Word and Portable Document Format (PDF) at http://www.fcc.gov/cgb/policy/paypercall.html.

Synopsis

A. WKP Application for Review

    In 1995, WKP Communications, Inc. (WKP) filed an Application for 
Review of a staff interpretation given in the Marlowe Letter. (Direct 
Dialed Calls to International Information Services, File No. ENF 95-20 
(October 5, 1995) (WKP Application for Review). See also WKP 
Communications Files Application for Review of Common Carrier Bureau 
Staff Ruling Regarding Provisions of Interstate Information Services at 
Tariffed Rates, 10 FCC Rcd 11518 (rel. October 24, 1995).) The letter 
gave an opinion of how, among other things, Sec.  201(b) and 228 would 
apply to several hypothetical scenarios where international long 
distance service providers would be used to transmit information and 
entertainment services. (Marlowe Letter, 10 FCC Rcd 10945.) The 
scenarios described involved the transmission of calls by an authorized 
carrier at a tariffed rate through 10XXX dialing sequence, a 500 
number, and a 700 number. Both the Marlowe Letter and WKP's Application 
for Review were drafted before the 1996 Act had gone into effect, and 
there was still an exemption for tariffed services under Sec.  228. 
(The exemption for tariffed services was removed by the 1996 Act.) In 
addition to Congress' removal of the tariffed exemption, the Commission 
has spoken twice on the issue of revenue sharing in general, first in 
the 1996 Order & NPRM and more recently in the chat-line orders 
discussed above. Since filing its initial Application for Review, WKP 
has done nothing to update its Application for Review. Further, WKP has 
apparently ceased acting as a common carrier and Commission staff has 
been unsuccessful in reaching WKP to determine whether it wanted to 
pursue the Application for Review. (Since 1998, all common carriers 
have been required to file 499A forms, but there is no record of WKP 
having done so. The law firm that filed the petition on behalf of WKP 
provided Commission staff with the last known address of WKP, and a 
letter sent to that address in September 2003 was returned as 
undeliverable.) The Commission, therefore, dismisses this application 
as moot. We note that some of the general topics raised in the 
Application for Review, which went well beyond the scope of the letter, 
are raised in the NPRM.

B. Florida Public Service Petition for Rulemaking

    In 1995, the Florida Public Service Commission (FPSC) filed a 
Petition for Rulemaking with the Commission proposing, among other 
things, the establishment of a service to allow subscribers to have 
bill blocking, which would not be dependant upon the use of 900 
numbers. (Policies and Rules Implementing the Telephone Disclosure and 
Dispute Resolution Act, Florida Public Service Commission Petition to 
Initiate Rulemaking to Adopt Additional Safeguards, RM-8783, filed 
December 8, 1995 (FPSC Petition). See also Office of Public Affairs, 
Reference Operations Division, Petitions for Rulemaking File, Report 
No. 2127, Public Notice, April 1, 1996; Florida Public Service 
Commission 1996 Reply, RM-8783; and Florida Public Service Commission 
1996 Comment.) In January 2004, the FPSC filed a notice withdrawing 
their petition. (Policies and Rules Implementing the Telephone 
Disclosure and Dispute Resolution Act, Florida Public Service 
Commission Notice of Withdrawal of Petition to Initiate Rulemaking, 
filed January 26, 2004.) Therefore, we dismiss the Petition for 
Rulemaking.

C. Closing CC Docket 96-146

    Since the Commission released the 1996 Order & NPRM in CC Docket 
No. 96-146, the audiotext information services market, as well as 
related regulatory environment and technology have undergone 
significant changes. As noted earlier, the number of assigned 900 
numbers, dropped from a peak of 447 in 1999 to 206 by the end of 2002 
and many are no longer used by end users. As noted above, many carriers 
decline to provide transport or bill for 900 numbers. Consumers 
complain about different problems, as discussed above. Regulatory 
changes included detariffing, slamming verification, and adjudication 
of formal complaints by the FCC and outside agencies. Instant credit 
and electronic transactions are now common in e-commerce transactions.
    As the comment cycle for the 1996 Order & NPRM was completed before 
the rules actually took effect, the comments from 1996 provided no 
evidence of the impact of those rules. CGB's effort to refresh the 
record in this docket in 2003 was not met with extensive comment, nor a 
full range of views. Only 15 parties, most in the pay-per-call 
industry, submitted comments, replies, or ex parte filings, contrasting 
to the more varied 38 parties that had filed comments in response to 
the 1996 Order & NPRM. Several of the parties argued that the record 
was too stale to reflect accurately the current market and regulatory 
environment.
    It is clear that the subject of this proceeding has changed 
significantly from when the 1996 Order & NPRM was released and when 
most comments were filed. While there are items in the comments and 
proposals that are still relevant, it would be impossible without 
further comment and review to ascertain which material is dated and 
which material is still viable. In the interest of administrative 
efficiency, therefore, we now close and terminate CC Docket No. 96-146. 
To the extent that parties believe portions of their 1996 comments are 
still relevant, parties should resubmit the relevant parts of such 
comments, if any, in this new docket. Parties refiling portions of 
comments are asked to do so with particularity. (Parties should only 
refile the particular pages from their comments that they believe to 
still be relevant.) Comments filed in 2003 in response to the Notice 
need not be filed again, as they will be included in this new 
rulemaking.

D. Correction of Word Error

    The rules as adopted in 1996 contain a minor error in wording which 
is being corrected by this MO&O. In Sec.  64.154(c)(2)(vi), the word 
``up'' was omitted. We correct this sentence to read: ``Clearly states 
that the caller can hang up at or before the end of the introductory 
message without incurring any charge whatsoever.''

Ordering Clauses

    Accordingly, pursuant to the authority contained in sections 1-4, 
201(b), 228 and 303(r) of the Communications Act of 1934, as amended, 
47 U.S.C. 151-154, 201(b), 228 and 303(r); and 47 CFR 64.1501-1515 of 
the Commission's rules, this Memorandum Opinion and Order is adopted.
    The proceedings in CC Docket No. 96-146 are terminated, and the 
docket is closed.
    The Petition for Rulemaking filed by the Florida Public Service 
Commission on December 8, 1995; and the Application for Review filed by 
WKP Communications, Inc., on October 5, 1995 are dismissed. 47 CFR 
64.1504 (c) is amended as set forth in the Final Rules.
    The Commission's Consumer & Governmental Affairs Bureau, Reference 
Information Center, shall send a copy of this Memorandum Opinion and 
Order

[[Page 61154]]

to the Chief Counsel for Advocacy of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Change

0
For the reasons discussed in the preamble, the Federal Communications 
Commission is amending 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b) (2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 225, 226, 228, and 254(k) unless otherwise noted.

0
2. Section 64.1504 is amended by revising paragraph (c)(2)(vi) to read 
as follows:


Sec.  64.1504  Restrictions on the use of toll-free numbers.

* * * * *
    (c) * * *
    (2) * * *
    (vi) Clearly states that the caller can hang up at or before the 
end of the introductory message without incurring any charge 
whatsoever.
* * * * *

[FR Doc. 04-23191 Filed 10-14-04; 8:45 am]
BILLING CODE 6712-01-P