[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Rules and Regulations]
[Pages 62811-62816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23094]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 96-115; FCC 04-206]


Telecommunications Carriers' Use of Customer Proprietary Network 
Information and Other Customer Information

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
addresses the petitions for reconsideration of the Subscriber List 
Information Order, which adopted rules to implement section 222(e) of 
the Communications Act of 1934, as amended (Communications Act or Act). 
The Commission denies requests for modification of certain aspects of 
the complaint procedures, notification requirements, and unbundling 
requirements established in the Subscriber List Information Order. The 
Commission eliminates the requirement for carriers to provide 
requesting directory publishers with notice of changes in subscriber 
list information in circumstances where customers choose to cease 
having their numbers listed, and modifies the contract disclosure 
requirement to allow carriers to withhold from disclosure those 
portions of their contracts that are unrelated to the provision of 
subscriber list information and to subject such disclosures to 
confidentiality agreements.

DATES: The amendments to Sec.  64.2341 are effective November 29, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See Supplementary Information for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: William Kehoe, Senior Attorney, 
Competition Policy Division, Wireline Competition Bureau, at (202) 418-
7122, or at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order on Reconsideration (Reconsideration Order) 
in CC Docket No. 96-114, FCC 04-206, adopted August 25, 2004, and 
released September 13, 2004. The complete text of this Reconsideration 
Order 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, Best 
Copy and Printing Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone 202-863-2893,

[[Page 62812]]

facsimile 202-863-2898, or via e-mail at bcpiweb.com. It is also 
available on the Commission's Web site at http://www.fcc.gov.

Synopsis of the Memorandum Opinion and Order on Reconsideration

    1. Background. Section 222(e) of the Communications Act of 1934, as 
amended by the Telecommunications Act of 1996 (the Act), requires 
carriers that provide telephone exchange service to provide requesting 
directory publishers with subscriber list information, that is listed 
subscribers' names, addresses, telephone numbers, and headings under 
which businesses are listed in the yellow pages, ``on a timely and 
unbundled basis, under nondiscriminatory and reasonable rates, terms, 
and conditions.'' In 1999, in the Subscriber List Information Order, 
the Commission adopted comprehensive rules implementing section 222(e), 
consistent with the congressional intent to prevent carriers from 
leveraging their control over subscriber list information to impede 
competition in directory publishing (64 FR 53944, Oct. 5, 1999). These 
rules established procedures for carrier provision of subscriber list 
information to directory publishers, established presumptively 
reasonable rates for carrier provision of subscriber list information 
to directory publishers, and provided processes for addressing 
subscriber list information complaints. ALLTEL Corporate Services, Inc. 
(ALLTEL), the Association of Directory Publishers (ADP), Bell Atlantic 
(now Verizon), National Telephone Cooperative Association (NTCA), and 
US WEST Communications, Inc., (now Qwest Communications International 
Inc.) filed petitions for reconsideration that challenged certain 
aspects of the Subscriber List Information Order. Subsequently, NTCA 
withdrew its petition for reconsideration.
    2. Complaint Procedures. In this order, the Commission denies a 
request to modify current complaint procedures to allow a directory 
publisher to pay the presumptively reasonable rates during the pendency 
of a complaint. Additionally, the Commission denies a request that any 
subscriber list information rate complaint will be given accelerated 
docket treatment or otherwise resolved within 60 days of filing.
    3. Treatment of Unlisted Numbers. The Commission grants a request 
to eliminate a requirement for carriers to provide requesting directory 
publishers with notice of changes in subscriber list information when 
customers choose to have unlisted numbers.
    4. Availability of Written Contracts. The requirement in the 
Subscriber List Information Order regarding contract disclosure is 
confirmed by the Commission as a useful tool to prevent discrimination. 
However, the Commission specifies that carriers may limit such 
disclosures to only those portions of contracts that are related to the 
carrier's provision of subscriber list information. The Commission also 
determines that carriers may subject such disclosures to 
confidentiality agreements.
    5. Timeframe for Provision of Subscriber List Information. In the 
Subscriber List Information Order, the Commission adopted rules to help 
ensure that carriers provide subscriber list information on a 
``timely'' basis as required by section 222(e). One of these rules gave 
carriers 30 days to inform directory publishers that they cannot comply 
with requests for subscriber list information. In the Reconsideration 
Order, the Commission declines to lower this timeframe to seven days.
    6. Safeguards. In the Subscriber List Information Order, the 
Commission allowed carriers to require entities requesting subscriber 
list information pursuant to section 222(e) to certify that they will 
use that information only for directory publishing purposes. The 
Commission determined that once the directory publisher provides this 
certification, the carrier must comply with the directory publisher's 
request for subscriber list information absent a Commission order to 
the contrary. In the Reconsideration Order, the Commission affirms this 
requirement, stating that this ``innocent until proven guilty'' 
approach ensures that a directory publisher that meets the 
certification requirement will have the subscriber list information it 
needs to publish its directories pending resolution of any dispute 
regarding subscriber list information usage. The Commission also states 
that a ``guilty until proven innocent'' approach, even if limited to 
entities that are not established directory publishers, would enable 
carriers to delay entry by potential directory publishing competitors 
by forcing them to obtain Commission determinations in their favor 
prior to their receiving subscriber list information.
    7. Role of Carrier Publishing Affiliates. In the Subscriber List 
Information Order, the Commission determined that a carrier's decision 
to have an affiliate or third party assign primary advertising 
classifications as required under a state obligation does not absolve 
the carrier of its obligation to provide those classifications to 
requesting directory publishers in accordance with section 222(e). 
Consistent with the principle behind this determination, the Commission 
determines that in the Reconsideration Order that a carrier should not 
be allowed to use an affiliate to evade its subscriber list information 
responsibilities under section 222(e) and the Commission's implementing 
rules.
    8. Section 222(e) Unbundling. In implementing section 222(e)'s 
unbundling requirement, the Commission concluded in the Subscriber List 
Information Order that section 222(e) precludes a carrier from bundling 
listings that the carrier is able to sell separately. The Commission 
required carriers to unbundle subscriber list information, including 
updates, on any basis requested by a directory publisher that the 
carrier's internal systems can accommodate. The Commission stated that, 
if this process results in the provision of listings in addition to 
those the directory publisher requested, the carrier may impose charges 
for, and the directory publisher may publish, only the requested 
listings. In the Reconsideration Order, the Commission declines to 
adopt suggested changes to these requirements. The Commission concludes 
that the unbundling requirements adopted in the Subscriber List 
Information Order properly balance carriers' and directory publishers' 
competing interests.
    9. Unpublished and Unlisted Information. In the Reconsideration 
Order, the Commission denies a request that it rules that sections 201 
and 202 of the Act mandate that carriers must provide information 
regarding subscribers with unpublished and unlisted numbers to 
competing publishers if the carriers provide that information to their 
own publishing affiliates. The Commission determines that this request 
is beyond the scope of this proceeding, which it had initiated to 
consider adopting regulations to implement section 222 of the Act and 
did not indicate that the Commission might act pursuant to sections 201 
or 202.

Final Regulatory Flexibility Analysis

    10. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking in CC Docket No. 96-
115 (Notice). The Commission sought written public comment on the 
proposals in the Notice, including comment on the IRFA. In addition, a 
Final Regulatory Flexibility Analysis was incorporated in the Third

[[Page 62813]]

Report and Order in CC Docket No. 96-115 (Subscriber List Information 
Order). This present Supplemental Final Regulatory Flexibility Analysis 
(SFRFA) on the Memorandum Opinion and Order on Reconsideration 
(Reconsideration Order) conforms to the RFA.

Need for, and Objectives of, Adopted Rules

    11. The need for and objectives of the rules adopted in this 
Reconsideration Order are the same as those discussed in the FRFA on 
the Subscriber List Information Order. In general, these rules 
implement section 222(e) of the Communications Act, in order to further 
Congress's goal of preventing unfair local exchange carrier (LEC) 
practices in relation to subscriber list information and of encouraging 
the development of competition in directory publishing. The Commission 
promulgated rules pursuant to section 222(e) of the Communications Act 
in the Subscriber List Information Order. We grant in part, and deny in 
part the requests for reconsideration or clarification of the 
Subscriber List Information Order. In particular, we deny a request 
that the Commission modify the complaint procedures adopted in the 
Subscriber List Information Order by allowing a publisher to pay the 
presumptively reasonable rates during the pendency of a complaint and 
by guaranteeing that any subscriber list information rate complaint 
will be given accelerated docket treatment or otherwise resolved within 
60 days of filing. We grant a request that the Commission eliminate a 
requirement that carriers provide requesting directory publishers with 
notice of changes in subscriber list information in circumstances where 
customers choose to cease having their numbers listed. We confirm as a 
useful tool to prevent discrimination the Subscriber List Information 
Order's requirement regarding contract disclosure, but allow carriers 
to limit such disclosures to only those portions of contracts that are 
related to subscriber list information and subject such disclosures to 
confidentiality agreements. Finally, the Commission affirms other 
aspects of the Subscriber List Information Order that were subject to 
petitions for reconsideration.

Summary of Significant Issues Raised by Public Comments in Response to 
the FRFA

    12. We received no comments directly in response to the FRFA in 
this proceeding.

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

    13. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules, if adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under section 3 of the 
Small Business Act. 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) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.''
    14. In this section, we further describe and estimate the number of 
small entity licensees and regulatees that may be affected by the rules 
adopted in this Order. The most reliable source of information 
regarding the total numbers of certain common carrier and related 
providers nationwide, as well as the number of commercial wireless 
entities, appears to be the data that the Commission published in its 
Trends in Telephone Service August 2003 report. The SBA has developed 
small business size standards for wireline and wireless small 
businesses within the three commercial census categories of ``Wired 
Telecommunications Carriers,'' ``Paging,'' and ``Cellular and Other 
Wireless Telecommunications.'' Under these categories, a business is 
small if it has 1,500 or fewer employees. Below, using the above size 
standards and others, we discuss the total estimated numbers of small 
businesses that might be affected by our actions.
    15. We have included small incumbent local exchange carriers 
(incumbent LECs) in this present RFA analysis. As noted above, a 
``small business'' under the RFA is one that, inter alia, meets the 
pertinent small business size standard (e.g., a telephone 
communications business, having 1,500 or fewer employees), and ``is not 
dominant in its field of operation.'' The SBA's Office of Advocacy 
contends that, for RFA purposes, small incumbent LECs are not dominant 
in their field of operation because any such dominance is not 
``national'' in scope. We have therefore included small incumbent LECs 
in this RFA analysis, although we emphasize that this RFA action has no 
effect on Commission analyses and determinations in other, non-RFA 
contexts.
    16. Wired Telecommunications Carriers. The SBA has developed a 
small business size standard for Wired Telecommunications Carriers, 
which consists of all such companies having 1,500 or fewer employees. 
According to Census Bureau data for 1997, there were a total of 2,225 
firms in this category that operated for the entire year. Of this 
total, 2,210 firms employed 999 or fewer employees, and an additional 
24 firms employed 1,000 employees or more. Thus, under this size 
standard, the great majority of firms can be considered small.
    17. Incumbent Local Exchange Carriers. Neither the Commission nor 
the SBA has developed a specific small business size standard for 
providers of incumbent local exchange services. The closest applicable 
size standard under the SBA rules is for ``Wired Telecommunications 
Carriers.'' Under that standard, such a business is small if it has 
1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 1,337 incumbent local exchange carriers reported that they 
were engaged in the provision of local exchange services. Of these 
1,337 carriers, an estimated 1,032 have 1,500 or fewer employees and 
305 have more than 1,500 employees. Consequently, we estimate that the 
majority of providers of local exchange service are small entities that 
may be affected by the rules and policies adopted herein.
    18. Competitive Local Exchange Carriers. Neither the Commission nor 
the SBA has developed a specific small business size standard for 
providers of competitive local exchange services or to competitive 
access providers or to ``Other Local Exchange Carriers,'' all of which 
are discrete categories under which TRS data are collected. The closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 609 companies reported that they were 
engaged in the provision of either competitive access provider services 
or competitive local exchange carrier services. Of these 609 companies, 
an estimated 458 have 1,500 or fewer employees and 151 have more than 
1,500 employees. Consequently, the Commission estimates that the 
majority of providers of competitive local exchange service, 
competitive access providers, and ``Other Local

[[Page 62814]]

Exchange Carriers'' are small entities that may be affected by the 
rules and policies adopted herein.
    19. Local Resellers. The SBA has developed a specific size standard 
for small businesses within the category of ``Telecommunications 
Resellers.'' Under that standard, such a business is small if it has 
1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 133 companies reported that they were engaged in the 
provision of local resale services. Of these 133 companies, an 
estimated 127 have 1,500 or fewer employees and 6 have more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
local resellers may be affected by the rules.
    20. Toll Resellers. The SBA has developed a specific size standard 
for small businesses within the category of ``Telecommunications 
Resellers.'' Under that SBA definition, such a business is small if it 
has 1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 625 companies reported that they were engaged in the 
provision of toll resale services. Of these 625 companies, an estimated 
590 have 1,500 or fewer employees and 35 have more than 1,500 
employees. Consequently, the Commission estimates that a majority of 
toll resellers may be affected by the rules.
    21. Interexchange Carriers. Neither the Commission nor the SBA has 
developed a specific size standard for small entities specifically 
applicable to providers of interexchange services. The closest 
applicable size standard under the SBA rules is for ``Wired 
Telecommunications Carriers.'' Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 261 carriers reported that their primary 
telecommunications service activity was the provision of interexchange 
services. Of these 261 carriers, an estimated 223 have 1,500 or fewer 
employees and 38 have more than 1,500 employees. Consequently, we 
estimate that a majority of interexchange carriers may be affected by 
the rules.
    22. Operator Service Providers (OSPs). Neither the Commission nor 
the SBA has developed a specific size standard for small entities 
specifically applicable to operator service providers. The closest 
applicable size standard under the SBA rules is for ``Wired 
Telecommunications Carriers.'' Under that standard, such a business is 
small if it has 1,500 or fewer employees. According to the FCC's 
Telephone Trends Report data, 23 companies reported that they were 
engaged in the provision of operator services. Of these 23 companies, 
an estimated 22 have 1,500 or fewer employees and one has more than 
1,500 employees. Consequently, the Commission estimates that a majority 
of local resellers may be affected by the rules.
    23. Prepaid Calling Card Providers. The SBA has developed a size 
standard for small businesses within the category of 
``Telecommunications Resellers.'' Under that size standard, such a 
business is small if it has 1,500 or fewer employees. According to the 
FCC's Telephone Trends Report data, 37 companies reported that they 
were engaged in the provision of prepaid calling cards. Of these 37 
companies, an estimated 36 have 1,500 or fewer employees and one has 
more than 1,500 employees. Consequently, the Commission estimates that 
a majority of prepaid calling providers may be affected by the rules.
    24. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a specific size standard for small entities specifically 
applicable to ``Other Toll Carriers.'' This category includes toll 
carriers that do not fall within the categories of interexchange 
carriers, operator service providers, prepaid calling card providers, 
satellite service carriers, or toll resellers. The closest applicable 
size standard under the SBA rules is for ``Wired Telecommunications 
Carriers.'' Under that standard, such a business is small if it has 
1,500 or fewer employees. According to the FCC's Telephone Trends 
Report data, 92 carriers reported that they were engaged in the 
provision of ``Other Toll Services.'' Of these 92 carriers, an 
estimated 82 have 1,500 or fewer employees and ten have more than 1,500 
employees. Consequently, the Commission estimates that a majority of 
``Other Toll Carriers'' may be affected by the rules.
    25. Directory Publishers. Many directory publishers are members of 
either of two trade associations, Association of Directory Publishers 
(ADP) and Yellow Pages Integrated Media Association (YPIMA). ADP states 
that its membership includes more than 135 directory publishers. 
Collectively, these companies publish over 2,200 different directories 
annually. While we have no current information on the number of YPIMA's 
members, YPIMA states that its members deliver yellow pages directories 
to virtually all telephone households within the United States. We have 
also no data on how many ADP and YPIMA members have gross annual 
revenues of $5 million or less. We assume, for purposes of this SFRFA, 
that all of these publishers are small entities that may be affected by 
this Reconsideration Order. Collectively, ADP and YPIMA members publish 
the vast majority of the directories published in the United States. 
There, however, likely are additional directory publishers that are 
small entities.

Description of Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities

    26. In this section of the Supplemental FRFA, we analyze the 
projected reporting, recordkeeping, and other compliance requirements 
that may apply to small entities as a result of this Reconsideration 
Order. We also describe the steps taken to minimize the economic impact 
of our decisions on small entities, including the significant 
alternatives considered and rejected.
    27. In the Subscriber List Information Order, the Commission 
adopted presumptively reasonable rates of $0.04 per listing for base 
file subscriber list information and $0.06 per listing for updates. In 
the Reconsideration Order, we deny a request that the Commission modify 
the complaint procedures adopted in the Subscriber List Information 
Order by allowing a publisher to pay those presumptively reasonable 
rates during the pendency of a complaint and by guaranteeing that any 
subscriber list information rate complaint will be given accelerated 
docket treatment or otherwise resolved within 60 days of filing. We 
grant a request that the Commission eliminate a requirement that 
carriers provide requesting directory publishers with notice of changes 
in subscriber list information in circumstances where customers choose 
to cease having their numbers listed. We confirm as a useful tool to 
prevent discrimination the Subscriber List Information Order's 
requirement regarding contract disclosure, but allow carriers to limit 
such disclosures to only those portions of contracts that are related 
to subscriber list information and subject such disclosures to 
confidentiality agreements. We decline ADP's request to change the 
timeframe in which carriers must inform directory publishers that they 
cannot comply with a request for subscriber list information to seven 
days. We determine that the safeguards adopted in the Subscriber List 
Information Order are sufficient and reject a request to allow a 
carrier to refrain from providing subscriber list information to 
directory publishers that the carrier believes will misuse it. We 
affirm that carriers may not use their publishing affiliates to avoid 
fulfilling their duties under section 222(e). We

[[Page 62815]]

reject Bell Atlantic's requests that we determine that if a carrier is 
unable to unbundle subscriber list information in the manner that the 
publisher requests, the publisher must pay for all the listings 
received, not just the listings that the publisher uses. Finally, we 
reject a request that we take action under sections 201 and 202 of the 
Act, because such action would be beyond the scope of the original 
Notice in this docket. Additionally, the collection of information 
contained herein is contingent upon approval by the Office of 
Management and Budget.

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

    28. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its adopted approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    29. In choosing among the various alternatives in the 
Reconsideration Order, we have sought to minimize the adverse economic 
impact on carriers and directory publishers, including those that are 
small entities. As was the case in the Subscriber List Information 
Order, moreover, we recognize that Congress intended section 222(e) to 
prevent carriers from deriving economic benefits from refusing to 
provide subscriber list information on a timely and unbundled basis, 
charging discriminatory or unreasonable rates for that information, or 
imposing discriminatory or unreasonable terms or conditions in 
connection with the provision of that information. In reconsidering our 
rules implementing that section, we have sought to further this 
congressional intent in a manner that minimizes regulatory burdens, 
including the burdens on small entities. The effort has resulted in our 
eliminating a requirement that carriers provide requesting directory 
publishers with notice of changes in subscriber list information in 
circumstances where customers choose to cease having their numbers 
listed. We also amend our contract disclosure rules to allow carriers 
to withhold from disclosure certain portions of subscriber list 
information contracts and to subject disclosure of such contracts to 
confidentiality agreements. These changes should reduce burdens on 
carriers, including those that are small businesses, without adversely 
affecting directory publishers.
    30. In other instances, however, we reject as unsupported by the 
record proposed alternatives to the rules adopted in the Subscriber 
List Information Order. For instance, we reject as beyond the scope of 
this proceeding a request that we take action, pursuant to sections 201 
and 202 of the Communications Act, to prohibit carriers from favoring 
their own directory publishing operations over their competitors' 
operations in connection with information regarding subscribers with 
unpublished or unlisted numbers. We believe that these actions properly 
balance the interests of carriers and directory publishers, including 
the members of each group that are small businesses.

Report to Congress

    31. The Commission will send a copy of the Reconsideration Order, 
including this SFRFA, in a report to be sent to Congress pursuant to 
the Congressional Review Act. In addition, the Commission will send a 
copy of the Reconsideration Order, including the SFRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Reconsideration Order and SFRFA (or summaries thereof) also will be 
published in the Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    32. Accordingly, it is ordered, pursuant to sections 1, 4(i), 4(j), 
201-205, 208, 222(e), 222(f), 251, 303(r), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
201-205, 208, 222(e), 222(f), 303(r), and 403, that this Memorandum 
Opinion and Order on Reconsideration is adopted.
    33. It is further ordered, pursuant to sections 1, 4(i), 4(j), 201-
205, 208, 222(e), 222(f), 251, 303(r), and 403 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-205, 208, 
222(e), 222(f), 303(r), and 403, that this Memorandum Opinion and Order 
on Reconsideration shall become effective thirty days after publication 
of the text or a summary thereof in the Federal Register, except for 
paragraphs 7 through 10 of this summary, which contain collection 
requirements that have not been approved by OMB. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing the effective date.
    34. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f), 251, 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 201-205, 208, 222(e), 222(f), 303(r), and 403 that the 
petition for reconsideration of the Subscriber List Information Order 
filed on November 4, 1999, by the Association of Directory Publishers 
is granted to the extent indicated herein and otherwise is denied.
    35. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f), 251, 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 201-205, 208, 222(e), 222(f), 303(r), and 403 that the 
petition for reconsideration and clarification of the Subscriber List 
Information Order filed on November 4, 1999, by ALLTEL Corporate 
Services, Inc., is granted to the extent indicated herein and otherwise 
is denied.
    36. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f), 251, 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 201-205, 208, 222(e), 222(f), 303(r), and 403 that the 
petition for reconsideration of the Subscriber List Information Order 
filed on November 4, 1999, by the Bell Atlantic is granted to the 
extent indicated herein and otherwise is denied.
    37. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f), 251, 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 201-205, 208, 222(e), 222(f), 303(r), and 403 that the 
petition for reconsideration of the Subscriber List Information Order 
filed on November 4, 1999, by U S WEST Communications, Inc., is granted 
to the extent indicated herein and otherwise is denied.
    38. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 201-205, 208, 222(e), 222(f), 251, 303(r), 
and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 201-205, 208, 222(e), 222(f), 303(r), and 403 that the 
petition for reconsideration of the Subscriber List Information Order 
filed on November 4, 1999, by National Telephone Cooperative 
Association has been withdrawn.
    39. It is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference

[[Page 62816]]

Information Center, shall send a copy of this Memorandum Opinion and 
Order on Reconsideration, including the Supplemental Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects

    Subscriber List Information, Record Keeping, and Directory 
Publishers.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Final Rules

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

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

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B),(c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
222, 225, 226, 228, and 254 (k) unless otherwise noted.


0
2. Section 64.2341 is amended by revising paragraph (c) and adding 
paragraphs (d) and (e) to read as follows:


Sec.  64.2341  Record keeping.

* * * * *
    (c) Except to the extent specified in paragraph (d), a carrier 
shall make the contracts and records described in paragraphs (a) and 
(b) available, upon request, to the Commission and to any directory 
publisher that requests those contracts and records for the purpose of 
publishing a directory.
    (d) A carrier need not disclose to a directory publisher pursuant 
to paragraph (c) portions of requested contracts that are wholly 
unrelated to the rates, terms, or conditions under which the carrier 
provides subscriber list information to itself, an affiliate, or an 
entity that publishes directories on the carrier's behalf.
    (e) A carrier may subject its disclosure of subscriber list 
information contracts or records to a directory publisher pursuant to 
paragraph (c) to a confidentiality agreement that limits access to and 
use of the information to the purpose of determining the rates, terms, 
and conditions under which the carrier provides subscriber list 
information to itself, an affiliate, or an entity that publishes 
directories on the carrier's behalf.

[FR Doc. 04-23094 Filed 10-27-04; 8:45 am]
BILLING CODE 6712-01-P