[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Rules and Regulations]
[Pages 42296-42297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11899]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[File No. CCB/CPD No. 00-1; FCC 06-98]


Payphone Line Rates; New Services Test

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission issued this document responding to a petition 
for correction submitted by Verizon, Inc. and a petition for 
reconsideration submitted by the Wisconsin Pay Telephone Association 
(WPTA). The Commission granted Verizon's petition to correct the order 
by clarifying that Verizon's affiliate, Verizon North, is not a Bell 
Operating Company (BOC) by definition of the Act. The Commission denied 
the WPTA's petition for reconsideration of the Commission's decision 
that the Wisconsin Public Utility Commission should properly determine 
BOC intrastate payphone line rates in the State of Wisconsin to 
determine compliance with the new services test established by the 
Commission.

DATES: Effective August 25, 2006.

FOR FURTHER INFORMATION CONTACT: Ana Janckson-Curtis, Wireline 
Competition Bureau, Pricing Policy Division, (202) 418-1530.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's order 
on reconsideration in File No. CCB/CPD No. 00-01 released on July 7, 
2006. The full text of this document is available on the Commission's 
Web site and for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 Twelfth Street, SW., 
Washington, DC 20554.

Procedural Matters

Paperwork Reduction Act Analysis

    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, 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, 44 U.S.C. 3506(c)(4).

Report to Congress

    The Commission will not send a copy of this order on 
reconsideration pursuant to the Congressional Review

[[Page 42297]]

Act, see 5 U.S.C. 801(a)(1)(A), because the adopted rules are rules of 
particular applicability.

Background

    In the Wisconsin Order, the Commission affirmed a Common Carrier 
Bureau order holding that section 276 of the Act grants this Commission 
jurisdiction to require BOCs to set their intrastate payphone line 
rates in compliance with the Commission's cost-based, forward-looking 
``new services'' test. The Commission also found, however, that it 
lacks authority to impose this requirement on non-BOC LECs. The order 
also provided guidance to the states regarding application of the new 
services test.

Discussion

    The Act defines ``Bell operating company'' to include 20 companies 
specifically named in the statute, as well as ``any successor or assign 
of such company that provides wireline exchange service,'' but it 
expressly excludes ``an affiliate of such company'' other than one of 
the named companies or their successors or assigns. As a result of a 
merger between GTE and Verizon, GTE North was renamed Verizon North and 
became an affiliate of Verizon, but it is not one of the companies 
defined as a BOC, nor is it a successor or assign of Verizon. 
Accordingly, the Commission concluded that Verizon North is not a BOC, 
and it is not within this Commission's jurisdiction to mandate 
application of the new services test to its intrastate payphone line 
rates.
    The Wisconsin Commission has concluded that it has jurisdiction to 
determine whether payphone line rates comply with the new services 
test. It has also undertaken investigations and issued a Notice of 
Proceeding and Investigation and Assessment of Costs to Wisconsin Bell 
d/b/a SBC Wisconsin. This action is consistent with the Commission's 
previously stated view that payphone line rates should, to the extent 
possible, be reviewed by the appropriate state commission. In light of 
the decision of the Wisconsin Commission to review intrastate payphone 
line rates, and the actions of the Wisconsin Commission in undertaking 
investigations, the Commission denied the WPTA's request to evaluate 
Ameritech's and Verizon's payphone line rates.

Conclusion

    This order grants Verizon's petition for correction by clarifying 
that the Commission's jurisdiction to mandate application of the new 
services test to intrastate payphone line rates does not extend to 
Verizon North, previously known as GTE North. Verizon North is not a 
BOC under the Act.
    The order also denies the WPTA's petition for reconsideration, 
which asks the Commission to review cost support materials submitted by 
Verizon and Ameritech, and defers to the Wisconsin Commission to 
determine whether Ameritech's payphone line rates comply with the new 
services test established by the Commission and whether the new 
services test should apply to the payphone line rates of other 
Wisconsin LECs.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 4(i), 4(j), and 
276 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), and 276, and Sec.  1.106 of the Commission's rules, 47 CFR 
1.106, that the petition for correction filed by Verizon is granted as 
discussed herein.
    It is also ordered that, for the reasons stated above, the WPTA 
petition for reconsideration is denied.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-11899 Filed 7-25-06; 8:45 am]
BILLING CODE 6712-01-P