[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Rules and Regulations]
[Pages 63561-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26515]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[DA 11-1649]


Common Carriers; Editorial Amendments

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission via the Office of Managing 
Director makes two nonsubstantive, editorial amendments to Part 64 of 
the Commission's rules. The Managing Director makes these amendments to 
delete certain provisions and notes that are without current legal 
effect and thus obsolete. The Chief of the Consumer and Governmental 
Affairs Bureau has approved these editorial amendments.

DATES: Effective October 13, 2011.

FOR FURTHER INFORMATION CONTACT: Deborah Broderson, Office of the 
Bureau Chief, Consumer and Governmental Affairs Bureau at (202) 418-
0652, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Amendment of Part 64 of the Commission's Rules Regarding 
Telecommunication Relay Services and Related Customer Premises 
Equipment for Persons with Disabilities; Truth-in-Billing Requirements 
for Common Carriers, Order (Order), document DA 11-1649, adopted 
September 30, 2011, and released September 30, 2011. The full text of 
document DA 11-1649 and 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. Document 
DA 11-1649 and copies of subsequently filed documents in this matter 
may also be purchased from the Commission's duplicating contractor, 
Best Copying and Printing, Inc. (BCPI), at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. Customers may contact BCPI at 
its Web site, http://www.bcpiweb.com, or by calling 202-488-5300. 
Document DA 11-1649 can also be downloaded in Word or Portable Document 
Format

[[Page 63562]]

(PDF) at: http://www.fcc.gov/cgb/dro/trs.html#orders.
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    Document DA 11-1649 does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
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, see 44 U.S.C. 3506(c)(4).

Congressional Review Act

    The Commission will send a copy of document DA 11-1649 in a report 
to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Document DA 11-1649 finds that a provision of Part 64, Subpart F 
of the Commission's rules regarding the Telecommunications Relay 
Services and Related Customer Premises Equipment for Persons with 
Disabilities no longer has legal effect. Section 64.604(c)(5)(iii)(J) 
of the Commission's rules provides that the Commission shall review the 
Interstate Cost Recovery Plan (the ``TRS Fund'') and the TRS Fund 
administrator's performance after two years. The administration of the 
TRS Fund and the rule mandating a review after an initial two year 
period became effective July 26, 1993. See Telecommunications Relay 
Services, 58 FR 39671, July 26, 1993 (amending 47 CFR 64.604). Since 
Sec.  64.604(c)(5)(iii)(J) of the Commission's rules became effective 
in 1993, the Commission has reviewed the TRS Fund on an annual basis 
and has modified the plan on several occasions. See, e.g., 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities; Structure and 
Practices of the Video Relay Service Program, CG Docket Nos. 03-123 and 
10-51, Order, 76 FR 44326, July 25, 2011 (adopting new compensation 
rates for various forms of TRS to be paid from the TRS Fund for the 
2011-12 Fund year and the contribution factor used to determine the 
amount common carriers must contribute to the Fund). The Commission had 
also conducted periodic reviews of the administrator's performance. See 
Appointment of Telecommunications Relay Services Fund Administrator and 
Composition of the Interstate TRS Advisory Council, CC Docket No. 90-
571, Memorandum Opinion and Order, 14 FCC Rcd 10553, 10554, paragraphs 
10-11 (1999); Appointment of the Telecommunications Relay Services Fund 
Administrator and Composition of the TRS Advisory Committee, CC Docket 
No. 90-571, Memorandum Opinion and Order, 10 FCC Rcd 7223, 7224, 
paragraphs 8-9 (1995). As the Commission reviewed the performance of 
the administrator and the Fund after two years of its promulgation, 
Sec.  64.604(c)(5)(iii)(J) of the Commission's rules is without current 
legal effect and thus may be deleted as obsolete.
    2. Document DA 11-1649 also finds that a note in Part 64, Subpart Y 
of the Commission's rules, which establishes Truth-In-Billing 
Requirements for Common Carriers, no longer has legal effect. The note 
following the Commission's Truth-In-Billing Requirements, codified at 
47 CFR 64.2401 of its rules, indicates that certain provisions of the 
rule are not effective and have been stayed until amendments to Sec.  
64.2401(a), (d), and (e) of the Commission's rules become effective, 
pending approval by the Office of Management and Budget and the 
Commission's publication of a document in the Federal Register 
announcing this approval and the effective date of these amended 
subsections. The amendments to the noted sections were published in the 
Federal Register on July 13, 2000, see Truth-In-Billing and Billing 
Format, 65 FR 43251, July 13, 2000 (amending 47 CFR 64.2401(a), (d), 
and (e)), and became effective upon approval by the Office of 
Management and Budget on August 28, 2000. See Truth-In-Billing and 
Billing Format, 65 FR 52048, August 28, 2000 (amending 47 CFR 
64.2401(a), (d), and (e)).
    3. Accordingly, the stay has been lifted and all provisions of the 
rule are currently effective. The note indicating that some provisions 
have been stayed is no longer accurate. For these reasons, the note 
following Sec.  64.2401 of the Commission's rules is without current 
legal effect and thus may also be deleted as obsolete.
    4. Accordingly, the Commission amends these rules by deleting these 
provisions that no longer have any legal effect. The rule amendments 
adopted in document DA 11-1649 and set forth herein are nonsubstantive, 
editorial revisions of the rules under 47 CFR 0.231(b) of the 
Commission's rules. The Commission therefore finds good cause to 
conclude that notice and comment procedures are unnecessary and would 
not serve any useful purpose. See 5 U.S.C. 553(b)(3)(B). Because the 
rules being deleted are obsolete and without current legal effect, the 
Commission also finds good cause to make these nonsubstantive, 
editorial revisions of the rules effective October 13, 2011. See 5 
U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Because Document DA 11-1649 was adopted without notice and comment, 
see 5 U.S.C. 553(b)(3)(B), the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., does not apply.

Ordering Clauses

    It is ordered that, effective October 13, 2011, Part 64 of the 
Commission's rules is amended, as set forth herein, pursuant to the 
authority contained in sections 4(i) and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r), and Sec.  
0.231(b) of the Commission's regulations, 47 CFR 0.231(b).
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will not send a copy of document DA 11-
1649 or Regulatory Flexibility Act documents to the Chief Counsel for 
Advocacy of the Small Business Administration because the Regulatory 
Flexibility Act does not apply.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Telecommunications, Telephone.

Federal Communications Commission.
Joel Gurin,
Chief, Consumer and Governmental Affairs Bureau.

Rule Changes

    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 for part 64 continues to read as follows:

    Authority:  47 U.S.C. 154, 254(k), 227; secs. 403(b)(2)(B), (c), 
Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 225, 226, 228, 254(k), and 620, unless otherwise noted.

[[Page 63563]]

Sec.  64.604  [Amended]

0
2. In Sec.  64.604, remove and reserve paragraph (c)(5)(iii)(J).


Sec.  64.2401  [Amended]

0
3. In Sec.  64.2401, remove the ``Note to Sec.  64.2401''.

[FR Doc. 2011-26515 Filed 10-12-11; 8:45 am]
BILLING CODE 6712-01-P