[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1297-1298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-118]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-386; FCC 07-221]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission declines to adopt rules and 
regulations implementing minimum customer account record exchange 
obligations on all local carriers. This action is necessary because the 
Commission does not believe mandating the exchange of customer account 
information between LECs is appropriate at this time.

DATES: Effective December 21, 2007.

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

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Rules 
and Regulations Implementing

[[Page 1298]]

Minimum Customer Account Record Exchange Obligations on All Local and 
Interexchange Carriers, Report and Order, document FCC 07-221, adopted 
December 18, 2007, released December 21, 2007, declining to adopt rules 
and regulations implementing minimum customer account record exchange 
obligations on all local carriers.
    Copies of document FCC 07-221 and 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. 
Document FCC 07-221 and any subsequently filed documents in this matter 
may also be purchased from the Commission's duplicating contractor at 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
Customers may contact the Commission's duplicating contractor at their 
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). Document FCC 07-221 can 
also be downloaded in Word and Portable Document Format (PDF) at: 
http://www.fcc.gov/cgb/policy.

Paperwork Reduction Act of 1995 Analysis

    The Report and Order does not contain new 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 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 47 U.S.C. 3506(c)(4).

Synopsis

    In 2005, the Commission released a Further Notice of Proposed 
Rulemaking (Further Notice), FCC 05-29 published at 70 FR 32258, June 
2, 2005, in which the Commission sought comment on whether to require 
the exchange of customer account information between local exchange 
carriers (LECs). In response to the Further Notice, BellSouth filed 
comments urging the Commission to adopt standards for LEC-to-LEC 
migrations. BellSouth urged the Commission to adopt information 
exchange requirements for all LECs and require carriers to respond to 
customer record requests within 24 hours.
    Upon a review of the record, the Commission declines to adopt 
mandatory minimum standards for the exchange of customer account 
information between LECs. The Commission does not believe mandating the 
exchange of customer account information between LECs is appropriate at 
this time for several reasons.
    First, a number of commenters note that Alliance for 
Telecommunications Industry Solutions (ATIS), Ordering and Billing 
Forum (OBF) has developed Local Service Migration Guidelines that are 
specifically designed to facilitate the sharing of customer service 
records among LECs. Because ATIS OBF is an established industry forum 
that includes representatives of both incumbent LECs and competitive 
LECs, the Commission encourages carriers to adhere to the industry-
established guidelines and, where necessary, to work with the OBF 
industry forum to further develop and refine them.
    Second, the Commission notes that a number of state commissions 
have addressed issues relating to local service migrations. Unlike LEC-
to-inter-exchange carrier (IXC) information sharing requirements, for 
which states and a broad coalition of carriers supported nationwide 
standards for the exchange of information, the record here suggests 
that the problems with LEC-to-LEC exchanges may not be as widespread 
and, therefore, may be more appropriately addressed by individual state 
commissions, which are well-suited to address local service matters 
between LECs operating in their states.
    Third, the Commission disagrees with those commenters that maintain 
LEC-to-LEC information sharing raises the same issues as LEC-to-IXC 
information sharing. Access to information makes LEC-to-LEC migrations 
different. In the LEC-to-IXC context, the Commission noted that certain 
transactions affecting an IXC's ability to provide service and manage 
customers' accounts, including the execution of customer preferred 
interexchange carrier (PIC) requests, are carried out, not by the 
customer's IXC, but by the customer's LEC. Because a LEC's exclusive 
control of the local switch could enable a LEC to place a customer on 
an IXC's network without the IXC's knowledge, the Commission determined 
that effective communications between LECs and IXCs is critical to an 
IXC's ability to maintain accurate billing records and to honor 
customer PIC selections and other customer requests. In the LEC-to-LEC 
situation, it does not appear that the new LEC is operating in the same 
information vacuum, or that the information needed could not be 
obtained from the LEC's new customer.
    Finally, to the extent that critical customer account information 
cannot reasonably be obtained from a LEC's own customer and the 
customer's former LEC fails to provide such information in a timely 
manner thus causing unreasonable delay in a local service migration, 
the Commission notes that such conduct may constitute a violation of 
the Act and the Commission's rules. The Commission encourages carriers 
to bring such matters to our attention through the Commission's formal 
complaint procedures, which allow us to review them on a case-by-case 
basis to determine the scope and seriousness of the issues presented.

Congressional Review Act

    Because no new rules are adopted in this order, the Commission will 
not send a copy of the Report and Order in a report to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

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 Report and Order is 
adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E8-118 Filed 1-7-08; 8:45 am]
BILLING CODE 6712-01-P