[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Rules and Regulations]
[Pages 74819-74823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20911]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-386; FCC 06-134]


Rules and Regulations Implementing Minimum Customer Account 
Record Exchange Obligations on All Local and Interexchange Carriers

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Commission adopts minor modifications of 
the Commission's customer account record exchange (CARE) rules. The 
Commission concluded that minor modifications to its rules are needed 
to clarify carriers' respective obligations under that section in order 
to ensure accurate billing of end user customers, and to execute end 
user customer requests in a timely manner.

DATES: The rules in this document contain information collection 
requirements that have not been approved by the Office of Management 
and Budget (OMB). The Commission will publish a document in the Federal 
Register announcing the effective date for these rules. Written 
comments by the public on the new and modified information collections 
are due February 12, 2007.

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

FOR FURTHER INFORMATION CONTACT: David Marks, Consumer & Governmental 
Affairs Bureau at (202) 418-0347 (voice), or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: On February 25, 2005, the Commission 
released a Report and Order and Further Notice of Proposed Rulemaking 
(Report and Order), Rules and Regulations Implementing Minimum Customer 
Account Record Exchange Obligations on All Local and Interexchange 
Carriers, published at 70 FR 32258, June 2, 2005 in which it 
established mandatory, minimum standards governing the exchange of 
customer account information between local exchange carriers (LECs) and 
interexchange carriers (IXCs). On August 9, 2005, the Commission 
released a public notice requesting comment on proposed clarifications 
and modifications to the rules (see Consumer & Governmental Affairs 
Bureau Seeks Comment on Proposed Modifications/Clarifications to Rules 
Governing the Exchange of Customer Account Information Between Local 
and Long Distance Carriers, CG Docket No. 02-386, Public Notice, DA 05-
2266, 70 FR 53137 (Sept. 7, 2005) (Public Notice)). This is a summary 
of the Commission's Order on Reconsideration, CG Docket No. 02-386, FCC 
06-134, adopted September 6, 2003, and released September 13, 2006.
    This document contains new information collection requirements 
subject to the PRA of 1995, Public Law 104-13. These requirements will 
be submitted to OMB for review under section 3507(d) of the PRA. OMB, 
the general public, and other Federal agencies are invited to comment 
on the new information collection requirements contained in this 
proceeding. In addition to filing comments with the Secretary, a copy 
of any comments on the Paperwork Reduction Act (PRA) information 
collection requirements contained herein should be submitted to Leslie 
Smith, Federal Communications Commission, Room 1-C216, 445 12th

[[Page 74820]]

Street, SW., Washington, DC 20554, or via the Internet to 
[email protected], and to Allison E. Zaleski, OMB Desk Officer, Room 
10236 NEOB, 725 17th Street, NW., Washington, DC 20503, via the 
Internet to Allison E. [email protected] or via fax at (202) 395-
6466.
    Copies of any subsequently filed documents in this matter will be 
available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. The complete text of 
this document may be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. Customers may contact the 
Commission's duplicating contractor at its Web site: http://www.bcpiweb.com or call 1-800-378-3160. 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).

Paperwork Reduction Act of 1995 Analysis

    This document contains new information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invites the general public to comment on the information 
collection requirements contained in the Order on Reconsideration as 
required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-
13. Public and agency comments are due February 12, 2007. In addition, 
the Commission notes that pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission previously sought specific comment on how the Commission 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.'' In the present 
document, the Commission undertook to minimize the burden of the new 
rules on small businesses and small entities. For example, the rules 
adopted here do not require the use of particular CARE codes for the 
exchange of customer account information. The Commission also does not 
adopt specific performance measurements for the timeliness and 
completeness of the transfer of customer account information between 
LECs and IXCs. Finally, the Commission notes that carriers subject to 
these requirements may use a variety of transmission mediums (e.g., 
facsimile, mail, electronic mail, cartridge) for the required 
information exchanges. These measures should substantially alleviate 
any burdens on businesses with fewer than 25 employees.

Synopsis

    In this Order on Reconsideration, the Commission concludes that 
minor modifications to Sec.  64.4002 are needed to clarify carriers' 
respective obligations under that rule section. Section 64.4002(d) is 
modified to require that a LEC notify an IXC when the LEC has removed 
at its local switch a presubscribed customer of the IXC in connection 
with the customer's selection of ``no-PIC'' status. In this context, 
the selection of ``no-PIC'' status by the customer refers to the 
selection of no carrier for interLATA service or no carrier for 
intraLATA service. The Commission concludes that this modification is 
needed to ensure that an IXC does not continue billing a customer for 
non-usage-related monthly charges where that customer has contacted his 
current LEC or his current IXC to select ``no-PIC'' status.
    Section 64.4002(e) of the Commission's rules is modified to include 
the effective date of any changes to a customer's local service account 
and the carrier identification code of the customer's IXC among the 
categories of information that must be provided to the IXC by the LEC. 
The Commission concludes that knowing the effective date of account 
changes will help IXCs to maintain accurate customer account 
information and that including the carrier identification code of the 
customer's IXC will enable an IXC to verify that it is the proper 
recipient of the transmitted information.
    Section 64.4002(g) of the Commission's rules is modified to make 
the information categories included in Sec.  64.4002(g) consistent with 
those included in other LEC notification requirements.
    Section 64.4002(g) also is modified to require that when a customer 
changes LECs, but wishes to retain his current PIC, the new LEC must so 
notify the current PIC so that the current PIC does not erroneously 
assume, absent additional notification from the new LEC, that the 
customer also wishes to cancel his current PIC.
    Sections 64.4002(a)(6), (b)(6), (d)(5) and (f)(5) of the 
Commission's rules are modified to substitute the phrase ``carrier 
identification code of the IXC'' for the phrase ``carrier 
identification code of the submitting LEC.'' This ``mirroring'' of 
information back to the IXC by the LEC serves as a ``handshake'' and is 
needed to confirm that the LEC has properly identified the intended 
recipient of a particular notification.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rulemaking proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' 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 the Small Business 
Act. A ``small business concern'' is one which: (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).
    On August 9, 2005, the Commission released a Public Notice seeking 
comment on the Coalition's proposed clarifications and modifications to 
Sec.  64.4002 of the Commission's rules. This Order on Reconsideration 
adopts clarifications and modifications that are in the nature of 
technical corrections to the Commission's customer account record 
exchange rules that do not have a significant economic impact on 
entities subject to those rules. First, our modification to Sec.  
64.4002(d) makes this provision consistent with similar notification 
requirements adopted in the CARE Order simply by requiring a LEC to 
confirm its receipt of a particular IXC-initiated notification with an 
appropriate response. Similarly, we adopt modifications to Sec. Sec.  
64.4002(e) and (g) to include within the information exchanges 
prescribed by those section, the same standard categories of 
information that carriers routinely must provide in connection with 
other notification obligations adopted in the CARE Order. Changing 
these two sections to parallel other sections of the Commission's CARE 
rules simplifies and, thereby, reduces the compliance burden. Lastly, 
we modify Sec. Sec.  64.4002(a)(6), (b)(6), (d)(5) and (f)(5) to change 
the phrase ``carrier identification code of the submitting LEC'' to 
read ``carrier identification code of the submitting IXC.'' This change 
adds no additional compliance burden. The Commission believes that the 
compliance burden, and resulting

[[Page 74821]]

economic impact on entities subject thereto, will be de minimis.
    Therefore, we certify for purposes of the RFA that the 
clarifications and modifications we adopt in this Order on 
Reconsideration will not have a significant economic impact on a 
substantial number of small entities.
    The Commission will send a copy of the Order on Reconsideration, 
including a copy of this Final Regulatory Flexibility Certification 
(FRFC), to the Chief Counsel for Advocacy of the SBA. This final 
certification will also be published in the Federal Register.

Congressional Review Act

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

Ordering Clauses

    Pursuant to the authority contained in sections 1-4, 201, 202, 222, 
258, and 303(r) of the Communications Act of 1934, as amended; 47 
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), the Order on 
Reconsideration Is Adopted.
    Pursuant to the authority contained in sections 1-4, 201, 202, 222, 
258, and 303(r) of the Communications Act of 1934, as amended; 47 
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), part 64 of the 
Commission's rules, 47 CFR part 64, Is Amended as set forth below.
    Because many of the rules and requirements contained in this Order 
on Reconsideration and as set forth below contain information 
collection requirements under the PRA, the rules and requirements Shall 
Not Become Effective until the information collection requirements have 
been approved by OMB. The Commission will publish a document in the 
Federal Register announcing the effective date of these rules.
    Pursuant to the authority contained in sections 1-4, 201, 202, 222, 
258, and 303(r) of the Communications Act of 1934, as amended; 47 
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), and Sec.  1.407 of the 
Commission's rules, 47 CFR 1.407, the Request for Modification filed by 
AT&T Corp, BellSouth Corporation, Sprint Corporation, Qwest 
Communications International Inc., and VerizonCommunications, Inc. on 
April 15, 2005, and June 15, 2005, is granted in part and denied in 
part, to the extent provided herein.

List of Subjects in 47 CFR Part 64

    Reporting and recordkeeping requirements, telecommunications, 
telephone.


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

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

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation continues 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 64.4002 is revised to read as follows:


Sec.  64.4002  Notification obligations of LECs.

    To the extent that the information is reasonably available to a 
LEC, the LEC shall provide to an IXC the customer account information 
described in this section consistent with Sec.  64.4004. Nothing in 
this section shall prevent a LEC from providing additional customer 
account information to an IXC to the extent that such additional 
information is necessary for billing purposes or to properly execute a 
customer's PIC order.
    (a) Customer-submitted PIC order. Upon receiving and processing a 
PIC selection submitted by a customer and placing the customer on the 
network of the customer's preferred interexchange carrier at the LEC's 
local switch, the LEC must notify the IXC of this event. The 
notification provided by the LEC to the IXC must contain all of the 
customer account information necessary to allow for proper billing of 
the customer by the IXC including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A statement describing the customer type (i.e., business or 
residential);
    (4) A statement indicating, to the extent appropriate, that the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance or is not printed in a 
directory but is available from directory assistance;
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international);
    (6) The carrier identification code of the IXC; and
    (7) If relevant, a statement indicating that the customer's account 
is subject to a PIC freeze. The notification also must contain 
information, if relevant and to the extent that it is available, 
reflecting the fact that a customer's PIC selection was the result of:
    (i) A move (an end user customer has moved from one location to 
another within a LEC's service territory);
    (ii) A change in responsible billing party; or
    (iii) The resolution of a PIC dispute.
    (b) Confirmation of IXC-submitted PIC order. When a LEC has placed 
a customer on an IXC's network at the local switch in response to an 
IXC-submitted PIC order, the LEC must send a confirmation to the 
submitting IXC. The confirmation provided by the LEC to the IXC must 
include:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A statement describing the customer type (i.e., business or 
residential);
    (4) A statement indicating, to the extent appropriate, if the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance, or is not printed in a 
directory but is available from directory assistance;
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international); and
    (6) The carrier identification code of the IXC. If the PIC order at 
issue originally was submitted by an underlying IXC on behalf of a toll 
reseller, the confirmation provided by the LEC to the IXC must 
indicate, to the extent that this information is known, a statement 
indicating that the customer's PIC is a toll reseller.
    (c) Rejection of IXC-submitted PIC order. When a LEC rejects or 
otherwise does not act upon a PIC order submitted to it by an IXC, the 
LEC must notify the IXC and provide the reason(s) why the PIC order 
could not be processed. The notification provided by the LEC to the IXC 
must state that it has rejected the IXC-submitted PIC order and specify 
the reason(s) for the rejection (e.g., due to a lack of information, 
incorrect information, or a PIC freeze on the customer's account). The 
notification must contain the identical data elements

[[Page 74822]]

that were provided to the LEC in the original IXC-submitted PIC order 
(i.e., mirror image of the original order), unless otherwise specified 
by this paragraph. If a LEC rejects an IXC-submitted PIC order for a 
multi-line account (i.e., the customer has selected the IXC as his PIC 
for two or more lines or terminals associated with his billing 
telephone number), the notification provided by the LEC rejecting that 
order must explain the effect of the rejection with respect to each 
line (working telephone number or terminal) associated with the 
customer's billing telephone number. A LEC is not required to generate 
a line-specific or terminal-specific response, however, and may 
communicate the rejection at the billing telephone level, when the LEC 
is unable to process an entire order, including all working telephone 
numbers and terminals associated with a particular billing telephone 
number. In addition, the notification must indicate the jurisdictional 
scope of the PIC order rejection (i.e., intraLATA and/or interLATA and/
or international). If a LEC rejects a PIC order because:
    (1) The customer's telephone number has been ported to another LEC; 
or
    (2) The customer has otherwise changed local service providers, the 
LEC must include in its notification, to the extent that it is 
available, the identity of the customer's new LEC.
    (d) Customer contacts LEC or new IXC to change PIC(s) or customer 
contacts LEC or current IXC to change PIC to No-PIC. When a LEC has 
removed at its local switch a presubscribed customer from an IXC's 
network in response to a customer order, upon receipt of a properly 
verified PIC order submitted by another IXC, or in response to a 
notification from the customer's current IXC relating to the customer's 
request to change his or her PIC to No-PIC, the LEC must notify the 
customer's former IXC of this event. The LEC must provide to the IXC 
the customer account information that is necessary to allow for proper 
final billing of the customer by the IXC including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A description of the customer type (i.e., business or 
residential);
    (4) The jurisdictional scope of the lines or terminals affected 
(i.e., intraLATA and/or interLATA and/or international); and
    (5) The carrier identification code of the IXC. If a customer 
changes PICs but retains the same LEC, the LEC is responsible for 
notifying both the old PIC and new PIC of the PIC change. The 
notification also must contain information, if relevant and to the 
extent that it is available, reflecting the fact that a customer's PIC 
removal was the result of:
    (i) The customer moving from one location to another within the 
LEC's service territory, but where there is no change in local service 
provider;
    (ii) A change of responsible party on an account; or
    (iii) A disputed PIC selection.
    (e) Particular changes to customer's local service account. When, 
according to a LEC's records, certain account or line information 
changes occur on a presubscribed customer's account, the LEC must 
communicate this information to the customer's PIC. For purposes of 
this paragraph, the LEC must provide to the appropriate IXC account 
change information that is necessary for the IXC to issue timely and 
accurate bills to its customers including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The customer code assigned to that customer by the LEC;
    (3) The type of customer account (i.e., business or residential);
    (4) The status of the customer's telephone service listing, to the 
extent appropriate, as not printed in a directory and not available 
from directory assistance, or not printed in a directory but available 
from directory assistance; and
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international);
    (6) The effective date of any change to a customer's local service 
account; and
    (7) The carrier identification code of the IXC. If there are 
changes to the customer's billing or working telephone number, customer 
code, or customer type, the LEC must supply both the old and new 
information for each of these categories.
    (f) Local service disconnection. Upon receipt of an end user 
customer's request to terminate his entire local service account or 
disconnect one or more lines (but not all lines) of a multi-line 
account, the LEC must notify the PIC(s) for the billing telephone 
number or working telephone number on the account of the account 
termination or lines disconnected. In conjunction with this 
notification requirement, the LEC must provide to a customer's PIC(s) 
all account termination or single/multi-line disconnection change 
information necessary for the PIC(s) to maintain accurate billing and 
PIC records, including but not limited to:
    (1) The effective date of the termination/disconnection; and
    (2) The customer's working and billing telephone numbers and 
billing name and address;
    (3) The type of customer account (i.e., business or residential);
    (4) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international); and
    (5) The carrier identification code of the IXC.
    (g) Change of local service provider. When a customer changes LECs, 
the customer's former LEC must notify the customer's PIC(s) of the 
customer's change in LEC and, if known, the identity of the customer's 
new LEC. If the customer also makes a PIC change, the customer's former 
LEC must also notify the customer's former PIC(s) of the change. When a 
customer only changes LECs, the new LEC must notify the customer's 
current PIC(s) that the customer's PIC selection has not changed. If 
the customer also makes a PIC change, the new LEC must notify the 
customer's new PIC of the customer's PIC selection. If the customer's 
former LEC is unable to identify the customer's new LEC, the former LEC 
must notify the customer's PIC(s) of a local service disconnection as 
described in paragraph (f).
    (1) The required notifications also must contain information, if 
relevant and to the extent that it is available, reflecting the fact 
that an account change was the result of:
    (i) The customer porting his number to a new LEC;
    (ii) A local resale arrangement (customer has transferred to local 
reseller); or
    (iii) The discontinuation of a local resale arrangement;
    (2) The notification provided by the LEC to the IXC must include:
    (i) The customer's billing telephone number, working telephone 
number, and, billing name and address;
    (ii) The effective date of the change of local service providers or 
PIC change;
    (iii) A description of the customer type (i.e., business or 
residential);
    (iv) The jurisdictional scope of the lines or terminals affected 
(i.e., intraLATA and/or interLATA and/or international); and
    (v) The carrier identification code of the IXC.
    (h) IXC requests for customer BNA information. Upon the request of 
an IXC, a LEC must provide the billing name and address information 
necessary to facilitate a customer's receipt of a timely, accurate bill 
for services rendered and/or to prevent fraud, regardless of the type 
of service

[[Page 74823]]

the end user receives/has received from the requesting carrier (i.e., 
presubscribed, dial-around, casual). In response to an IXC's BNA 
request for ANI, a LEC must provide the BNA for the submitted ANI along 
with:
    (1) The working telephone number for the ANI;
    (2) The date of the BNA response;
    (3) The carrier identification code of the submitting IXC; and
    (4) A statement indicating, to the extent appropriate, if the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance, or is not printed in a 
directory but is available from directory assistance. A LEC that is 
unable to provide the BNA requested must provide the submitting carrier 
with the identical information contained in the original BNA request 
(i.e., the mirror image of the original request), along with the 
specific reason(s) why the requested information could not be provided. 
If the BNA is not available because the customer has changed local 
service providers or ported his telephone number, the LEC must include 
the identity of the new provider when this information is available.

[FR Doc. E6-20911 Filed 12-12-06; 8:45 am]
BILLING CODE 6712-01-P