[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Proposed Rules]
[Pages 41955-41956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17403]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 11-116 and 09-158; CC Docket No. 98-170; FCC 12-42; DA 
12-1039]


Empowering Consumers To Prevent and Detect Billing for 
Unauthorized Charges (``Cramming''); Consumer Information and 
Disclosure; Truth-in-Billing and Billing Format

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

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SUMMARY: In this document, the Commission extends the deadline for 
filing reply comments on the Commission's Further Notice of Proposed 
Rulemaking (FNPRM) proposing additional rules to help consumers prevent 
and detect the placement of unauthorized charges on their telephone 
bills, an unlawful and fraudulent practice commonly referred to as 
cramming. The extension will facilitate the development of a full 
record given the importance of the issues in this proceeding.

DATES: Reply comments are due on or before July 20, 2012.

ADDRESSES: You may submit reply comments, identified by CG Docket No. 
11-116 by any of the following methods:
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Melissa Conway, FCC, Consumer and 
Governmental Affairs Bureau, Consumer Policy Division, at (202) 418-
2887 (voice), or email [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Order, document DA 12-1039, adopted on June 29, 2012, and released on 
June 29, 2012, in CG Docket Nos. 11-116 and 09-158, and CC Docket No. 
98-170, which extends the reply comment filing deadline established in 
the FNPRM, FCC 12-42, published at 77 FR 30972, May 24, 2012. The full 
text of document DA 12-1039 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. They may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, telephone: (202) 488-5300, 
fax: (202) 488-5563, or Internet: www.bcpiweb.com. The full text of 
document DA 12-1039 may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0629/DA-12-1039A1.doc. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
    Pursuant to 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 
and 1.419, interested parties may file reply comments on or before the 
dates indicated in the DATES section of this document. Comments may be 
filed using: (1) The Commission's Electronic Comment Filing System 
(ECFS); or (2) by filing paper copies. All filings should reference the 
docket number of this proceeding, CG Docket No. 11-116.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking appears in the caption of this proceeding, filers must 
submit two additional copies for each additional docket or rulemaking 
number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing 
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held 
together with rubber bands or fasteners. Any envelopes or boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
     In addition, parties must serve one copy of each pleading 
with the Commission's duplicating contractor, Best Copy and Printing, 
Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, or via 
email to [email protected].
    Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must: (1) List all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made; and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with section 1.1206(b) of the Commission's rules. 
In proceedings governed by section 1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize

[[Page 41956]]

themselves with the Commission's ex parte rules.

Initial Paperwork Reduction Act of 1995

    In the Commission's FNPRM, FCC 12-42, it seeks comment on potential 
new information collection requirements. If the Commission adopts any 
new information collection requirement, the Commission will publish 
another notice in the Federal Register inviting the public to comment 
on the requirements, as required by the Paperwork Reduction Act (PRA) 
of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant 
to the Small Business Paperwork Relief Act of 2002, in the Commission's 
FNPRM, it seeks comment on how it might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.'' The Commission's document DA 12-1039 does not 
contain new or modified information collection requirements subject to 
the PRA, Public Law 104-13. Therefore, it does not contain any new or 
modified information collection burden for small business concerns with 
few 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).

Synopsis

Background

    The Commission's document FCC 12-42 established a comment deadline 
of June 25, 2012, and a reply comment deadline of July 9, 2012. On June 
26, 2012, the National Association of State Utility Consumer Advocates 
(NASUCA) requested that the reply comment deadline be extended by 30 
days because of the volume of initial comments, the Fourth of July 
holiday, and the occurrence of NASUCA's midyear meeting during the 
reply comment period. The Commission grants NASUCA's request in part.
    As stated in Sec.  1.46(a) of the Commission's rules, 47 CFR 
1.46(a), the Commission's policy is that extensions of time are not 
routinely granted. In the interest of encouraging development of a full 
record, the Commission believes that an extension of time is in the 
public interest and that an 11-day extension will provide adequate time 
for development of reply comments. The Commission grants an 11-day 
extension of the reply comment deadline.

Ordering Clause

    Pursuant to sections 4(i) and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), (j), and Sec. Sec.  0.141, 0.361, 
and 1.46 of the Commission's rules, 47 CFR 0.141, 0.361, 1.46, that the 
Motion for Extension of Time to File Reply Comments filed by the 
National Association of State Utility Consumer Advocates is granted to 
the extent indicated herein and is otherwise denied, and the deadline 
for filing reply comments in response to document FCC 12-42 is extended 
to July 20, 2012.

Federal Communications Commission.

Kris Anne Monteith,
Acting Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-17403 Filed 7-16-12; 8:45 am]
BILLING CODE 6712-01-P