[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14567-14568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5737]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 94-129; FCC 04-214]


Policies and Rules Concerning Unauthorized Changes of Consumers' 
Long Distance Carriers

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: In this document, the Commission addresses issues raised in 
petitions for reconsideration regarding the implementation of the 
subscriber carrier selection changes provisions of the 
Telecommunications Act of 1996 (1996 Act) which addresses policies and 
rules concerning unauthorized changes of consumers' long distance 
carriers.

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

FOR FURTHER INFORMATION CONTACT: David Marks or Nancy Stevenson, 
Consumer & Governmental Affairs Bureau at (202) 418-2512.

SUPPLEMENTARY INFORMATION: On March 17, 2003, the Commission released a 
Third Order on Reconsideration published at 68 FR 19152, April 18, 
2003; that amended rules implementing section 258 of the Communications 
Act of 1934 as amended by the Telecommunications Act of 1996. This is a 
summary of the Commission's Fifth Order on Reconsideration 
(Reconsideration Order), FCC 04-214, adopted September 3, 2004, and 
released November 24, 2004, addressing issues raised in petitions for 
reconsideration of the Third Order on Reconsideration.
    This 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, it does not contain any new or 
modified ``information collection burdens 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).
    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 Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This 
Reconsideration Order can also be downloaded in Word and Portable 
Document Format (PDF) at http://www.fcc.gov/cgb/policy/slamming.html.

Synopsis

    The Commission's rules implementing section 258 were promulgated 
through a series of orders. In the Second Report and Order, published 
at 64 FR 7746, February 16, 1999, the Commission sought to eliminate 
the profits associated with slamming by broadening the scope of its 
carrier change rules and adopting, among other things, more rigorous 
slamming liability and carrier change verification measures. When the 
Commission released the Second Report and Order, it recognized that 
additional revisions to the slamming rules could further improve the 
preferred carrier change process and prevent unauthorized changes. 
Therefore, concurrent with the release of the Second Report and Order, 
the Commission issued a Further Notice of

[[Page 14568]]

Proposed Rulemaking (Further Notice), published at 64 FR 7763, February 
16, 1999. In the Third Report and Order, the Commission adopted a 
number of rules proposed in the Further Notice, and addressed most 
issues raised on reconsideration of the Second Report and Order. In 
addition, in the First Reconsideration Order, published at 65 FR 47678, 
August 3, 2000, the Commission amended portions of the rules regarding 
liability for slamming that had been stayed by the DC Circuit Court. 
Finally, in the Third Reconsideration Order, we addressed remaining 
petitions for reconsideration of the previous orders, and modified 
certain rules concerning, amongst other things, verifications of 
carrier change requests and liability for slamming.
    In the Reconsideration Order, we addressed petitions filed by a 
coalition of independent local exchange carriers (LEC Petitioners) 
seeking reconsideration of the Commission's verification requirement 
for in-bound carrier change request calls. Additionally, we addressed a 
petition filed by AT&T seeking clarification of the decision to apply 
our slamming rules to newly-installed lines. Finally, we addressed a 
petition filed by WorldCom (MCI) seeking a finding that credits made to 
the consumer before a slamming complaint has been filed will be 
considered ``unpaid'' when calculating liability under the slamming 
rules, or will be deducted from the amount owed to the authorized 
carrier by a carrier found liable for a slam.

Regulatory Flexibility Act Analysis

    In the Reconsideration Order, the Commission promulgates no 
additional final rules, and our present action is, therefore, not 
subject to the Regulatory Flexibility Act of 1980, as amended.

Report to Congress

    The Commission will not send a copy of this Fifth Order on 
Reconsideration pursuant to the Congressional Review Act because the 
Fifth Order on Reconsideration neither adopts nor modifies a rule.

Ordering Clauses

    Pursuant to sections 1, 4(i), 4(j), 201, 206-208, and 258 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
201, 206-208, and 258, and Sec. Sec.  1.421 and 1.429 of the 
Commission's rules, 47 CFR 1.421 and 1.429, that this Fifth Order on 
Reconsideration in CC Docket No. 94-129 is adopted.
    Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C 151, 154(i), and 154(j), and Sec. Sec.  1.3, 
1.43, and 1.429 of the Commission's rules, 47 CFR 1.3, 1.43, and 1.429, 
that the petitions for waiver, emergency partial stay, and 
reconsideration filed by the LEC Petitioners, LEC Commenters, TDS 
Telecom and the Nebraska LECs are denied.
    Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and Sec.  1.429 of 
the Commission's rules, 47 CFR 1.429, that AT&T's petition for 
reconsideration or clarification is granted to the extent indicated 
herein.
    Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and Sec.  1.429 of 
the Commission's rules, 47 CFR 1.429, that MCI's petition for 
reconsideration is denied.
    The Commission's Consumer & Governmental Affairs Bureau, Reference 
Information Center, shall send a copy of this Fifth Order on 
Reconsideration to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-5737 Filed 3-22-05; 8:45 am]
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