[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)]
[Proposed Rules]
[Pages 25989-25994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10470]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 36, 42, 54, 63, and 64
[WC Docket No. 15-33; FCC 15-13]
Modernizing Common Carrier Rules
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) initiates a rulemaking that seeks to update the
Commission's rules to better reflect current requirements and
technology by removing outmoded regulations from the CFR. The
Commission proposes to update the CFR by eliminating certain rules from
which the Commission has forborn and eliminating references to
telegraph service in certain rules. The Commission would clarify
regulatory requirements, and modernize our rules to better reflect the
state of the current telecommunications market.
DATES: Submit comments on or before June 5, 2015. Submit reply comments
on or before June 22, 2015.
ADDRESSES: You may submit comments, identified by WC Docket No. 15-33
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: Alexis Johns, Wireline Competition
Bureau, Competition Policy Division, (202) 418-1580, or send an email
to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in WC Docket No. 15-33, adopted February 2, 2015
and released February 6, 2015. The full text of this document is
available for public inspection during regular business hours in the
FCC Reference Information Center, Portals II, 445 12th Street SW., Room
CY-A257, Washington, DC 20554. The document may also be purchased from
the Commission's duplicating contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone
(800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via the
Internet at http://www.bcpiweb.com. It is available on the Commission's
Web site at http://www.fcc.gov.
I. Introduction
1. This Notice of Proposed Rulemaking (NPRM) seeks to update our
rules to better reflect current requirements and technology by removing
outmoded regulations from the Code of Federal Regulations (CFR). The
NPRM proposes to update the CFR by (1) eliminating certain rules from
which the Commission has forborn, and (2) eliminating references to
telegraph service in certain rules.
2. The NPRM follows two orders adopted in 2013 that granted
forbearance from 126 legacy wireline regulations, and the Process
Reform Report, a Commission staff report that suggested eliminating or
streamlining wireline rules that are unnecessary as a result of
marketplace or technology changes. In this NPRM, we propose to address
Recommendations 5.37 and 5.38 of the Process Reform Report.
3. We propose to eliminate several rules from which the Commission
has granted unconditional forbearance for all carriers. These are: (1)
Section 64.804(c)-(g), which governs a carrier's recordkeeping and
other obligations when it extends to federal candidates unsecured
credit for communications service; (2) sections 42.4, 42.5, and 42.7,
which require carriers to preserve
[[Page 25990]]
certain records; (3) section 64.301, which requires carriers to provide
communications service to foreign governments for international
communications; (4) section 64.501, governing telephone companies'
obligations when recording telephone conversations; (5) section
64.5001(a)-(c)(2), and (c)(4), which imposes certain reporting and
certification requirements for prepaid calling card providers; and (6)
section 64.1, governing traffic damage claims for carriers engaged in
radio-telegraph, wire-telegraph, or ocean-cable service.
4. We also propose to remove references to ``telegraph'' from
certain sections of the Commission's rules. This proposal is consistent
with Recommendation 5.38 of the Process Reform Report. Specifically, we
propose to remove ``telegraph'' from: (1) Section 36.126 (separations);
(2) section 54.706(a)(13) (universal service contributions); and (3)
sections 63.60(c), 63.61, 63.62, 63.65(a)(4), 63.500(g), 63.501(g), and
63.504(k) (discontinuance).
5. We seek comment on these proposed modifications. And for each of
the rules addressed in this NPRM, we seek comment on whether there are
other steps the Commission should or must take, along with elimination
of the rule or the term ``telegraph'' from the CFR, in order to ensure
that any telegraph service provider is not subject to unnecessary
regulatory obligations. With this NPRM, we would clarify regulatory
requirements, and modernize our rules to better reflect the state of
the current telecommunications market.
II. Discussion
A. Deleting Rules From Which the Commission Granted Forbearance in the
USTelecom Orders
6. In 2012, USTelecom requested forbearance from an array of legacy
regulations. In 2013, the Commission granted forbearance from many, but
not all, of those rules. The rationale for those decisions is set forth
in the USTelecom Orders, and we are not seeking to reopen the decisions
therein. In many instances, the Commission granted unconditional
forbearance from a requirement, but the forbearance orders did not
alter the text of the codified rule or remove the rule from the CFR.
Thus, the rules appear in the CFR even though the Commission has stated
that it will forbear from applying such rules. Absent additional
research, a carrier or a consumer might believe the regulations to be
in force. We thus believe that deleting from the CFR the rules
identified below, for which the Commission granted unconditional
forbearance, will clarify carriers' regulatory obligations and make the
CFR more accurately reflect the Commission's intended approach as to
those rules. We therefore propose to eliminate from the CFR the rules
listed below from which the Commission forbore in the USTelecom Orders.
7. Sections 42.4, 42.5, and 42.7. Section 42.4 requires each
carrier to maintain at its operating company headquarters a physical
copy of its master index of records. Section 42.5 governs the
preparation and preservation of the original records. Section 42.7
governs how long a carrier must retain the master index of records and
when records must be added.
8. Section 64.1. This section covers traffic damage claims for
carriers engaged in radio-telegraph, wire-telegraph, or ocean-cable
service.
9. Section 64.301. This section requires that common carriers
furnish communications services to a foreign government ``upon
reasonable demand'' and deny communications services to a foreign
government, upon order of the Commission, when such government ``fails
or refuses'' to provide communications services to the U.S. government.
10. Section 64.501. Section 64.501 is the present-day iteration of
rules first promulgated in 1947 governing telephone companies'
obligations when recording telephone conversations and precludes a
telephone company from recording any telephone conversation with
members of the public unless the recording is preceded by ``verbal or
written consent of all parties to the telephone conversation,''
``preceded by verbal notification,'' or ``accompanied by an automatic
tone warning device.'' In the USTelecom Forbearance Long Order, the
Commission concluded that unconditional forbearance for all carriers
was warranted stating that ``since we initiated the rule more than 60
years ago, the Federal Wiretap Act, as well as State laws, have
addressed the same issue in a more comprehensive fashion.''
11. Sections 64.804(c)-(g). These provisions require carriers to
(1) obtain a signed application from the candidate for Federal office
or a person on behalf of such candidate before extending credit; (2)
serve written notice to the candidate for non-payment; (3) take
appropriate action at law to collect any unpaid balance; (4) maintain
certain associated records; and (5) carriers with revenues in excess of
$1 million must file an annual report with the Commission.
12. Sections 64.5001(a)-(c)(2), and (c)(4). Section 64.5001
establishes reporting and certification requirements for prepaid
calling card providers. Sections 64.5001(a) and (b) require prepaid
calling card providers to report to their transport providers specific
information, including percentage of interstate usage (PIU) factors and
call volumes for which these factors were calculated. Section
64.5001(c) requires the prepaid calling card provider to submit a
quarterly certification statement signed by an officer of the company
to the Commission with the following information: (1) The percentage of
intrastate, interstate, and international calling card minutes for the
reporting period; (2) the percentage of total prepaid calling card
revenue attributable to interstate and international calls for the
reporting period; (3) it is making the required Universal Service Fund
contribution based on the reported information; and (4) has complied
with the reporting requirements in 64.5001(a). We do not propose to
delete section 64.5001(c)(3) because the Commission did not grant
unconditional forbearance. Rather, it granted forbearance ``only to
those prepaid calling card providers that have a two-year track record
of timely filing required annual and quarterly Telecommunications
Reporting Worksheets (FCC Forms 499-A and 499-Q) [and] [o]nce a prepaid
calling card provider has established that track record, it need not
comply further with section 64.5001(c)(3).''
B. Deleting Other Rules Relating to Telegraph Service
13. In the Process Reform Report, Commission staff suggested
deleting references to telegraph service from several wireline rules.
The Process Reform Report recommended that the Wireline Competition
Bureau delete section 64.1 and delete the word ``telegraph'' from the
Commission's separations, universal service contributions, and
discontinuance rules. We agree that the references to telegraph appear
out of date, and propose to delete the word ``telegraph'' from the
rules, as proposed in the Appendix, below. We seek comment on this
proposal.
14. In light of the evolution of technology away from the use of
telegraphs, we believe that the references to telegraph service in the
following rules are no longer necessary, and should be deleted.
Continuing to include telegraph service in these rules appears
unnecessary, and potentially confusing. We seek comment on whether
there are any providers offering
[[Page 25991]]
telegraph service today at all, and if so, whether such service
offerings warrant retaining the term ``telegraph'' in the rules
identified below. Would there be any practical impact if the Commission
were to delete ``telegraph'' from these rules?
15. Section 36.126 of the Separations Rules. Jurisdictional
separations is the process by which incumbent local exchange carriers
(LECs) apportion regulated costs between intrastate and interstate
jurisdictions. Incumbent LECs assign regulated costs to various
categories of plant and expenses, and the costs in each category are
apportioned between the intrastate and interstate jurisdictions. As
part of this process, section 36.126 identifies equipment that is
considered ``Circuit equipment--Category 4.'' Section 36.126 lists
``telegraph,'' ``telegraph system terminals,'' ``telegraph carrier
terminals,'' ``telegraph private line services,'' and ``telegraph
repeaters'' as examples of such equipment. We propose to delete these
terms throughout section 36.126. Would deletion have any practical
impact? As noted in the Process Reform Report, we anticipate sharing
this NPRM with the Federal-State Joint Board on Separations. We note
that there is a pending referral to the Federal-State Joint Board on
separations that welcomed input on ``whether, how, and when the
Commission's jurisdictional separations rules should be modified.''
Thus, we need not specifically refer this discrete matter.
16. Section 54.706(a)(13) of the Universal Service Rules. Section
54.706(a) requires providers of interstate telecommunications services
to contribute to the universal service fund if they provide more than a
de minimis amount of such service, and paragraph (a)(13) lists
telegraph as an illustrative example of interstate telecommunications.
We propose to delete the term ``telegraph'' from section 54.706(a)(13),
and seek comment on this proposal. No entities filing FCC Form 499
indicate that they are providing telegraph service, and we are not
aware of any interstate telegraph providers today. De minimis providers
are required to register and file FCC Form 499 even if they do not
contribute. If telegraph providers with more than a de minimis amount
of service existed, they still would be required to contribute to the
universal service fund, but this proposed rule change would update the
rule to be in line with today's marketplace.
17. Portions of Part 63 of the Discontinuance, Reduction, Outage
and Impairment Rules. Section 214(a) of the Communications Act of 1934,
as amended states in part that ``[n]o carrier shall discontinue,
reduce, or impair service to a community, or part of a community,
unless and until there shall first have been obtained from the
Commission a certificate that neither the present nor future public
convenience and necessity will be adversely affected thereby.'' Today,
carriers providing telegraph service must comply with the Commission's
Part 63 rules, which were adopted pursuant to section 214(a). We
propose to delete references to ``telegraph'' as proposed in the
Appendix below. To the extent that any entities are still providing
telegraph service, we intend to exempt telegraph service from all exit
regulation by exercising our forbearance authority and we seek comment
on whether we should do so. We seek comment on this proposal.
III. Procedural Matters
A. Ex Parte Rules
18. This proceeding 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 rule 1.1206(b). In proceedings governed by
rule 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 themselves with the Commission's ex parte rules.
B. Comment Filing Procedures
19. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. 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.
[ssquf] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. 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 and boxes must be disposed of
before entering the building.
[ssquf] 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.
[ssquf] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW., Washington, DC 20554.
C. Accessible Formats
20. 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 & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
[[Page 25992]]
D. Initial Regulatory Flexibility Certification
21. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that agencies prepare a regulatory flexibility analysis for
notice-and-comment rulemaking proceedings, unless the agency certifies
that ``the rule will not have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines
``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).
22. In the NPRM, the Commission seeks to update the CFR by (1)
eliminating certain rules from which the Commission has forborn, and
(2) eliminating references to telegraph service in certain rules.
Specifically, the Commission proposes to eliminate several rules from
which the Commission has granted unconditional forbearance for all
carriers. These are: (1) Sections 64.804(c)-(g), which govern a
carrier's recordkeeping and other obligations when it extends to
federal candidates unsecured credit for communications service; (2)
sections 42.4, 42.5, and 42.7, which require carriers to preserve
certain records; (3) section 64.301, which requires carriers to provide
communications service to foreign governments for international
communications; (4) section 64.501 governing telephone companies'
obligations when recording telephone conversations; (5) sections
64.5001(a)-(c)(2), and (c)(4), which impose certain reporting and
certification requirements for prepaid calling card providers; and (6)
section 64.1 governing traffic damage claims for carriers engaged in
radio-telegraph, wire-telegraph, or ocean-cable service. The NPRM also
seeks to remove references to ``telegraph'' from certain sections of
the Commission's rules, consistent with Recommendation 5.38 of the
Process Reform Report. Specifically, we propose to remove ``telegraph''
from (1) section 36.126 (separations); (2) section 54.706(a)(13)
(universal service contributions); and (3) sections 63.60(c), 63.61,
63.62, 63.65(a)(4), 63.500(g), 63.501(g), and 63.504(k)
(discontinuance).
23. The rule changes proposed in the NPRM, if adopted by the
Commission, would remove requirements governing reporting,
recordkeeping, and other compliance obligations. All providers,
including those deemed to be small entities under the SBA's standard
will have reduced costs and burdens and would benefit by being relieved
from compliance with these rules. Carriers are no longer required to
comply with rules from which the Commission granted unconditional
forbearance. Therefore, removing these rules is not likely to have any
economic impact on carriers. While the NPRM also seeks to remove
``telegraph'' from several rule provisions not currently subject to
forbearance, the number of telegraph service providers today is likely
very small. As such, we do not believe the proposals in the NPRM would
impact a substantial number of small entities.
24. The Commission therefore certifies, pursuant to the RFA, that
the proposals in this NPRM, if adopted, will not have a significant
economic impact on a substantial number of small entities. If
commenters believe that the proposals discussed in this NPRM require
additional RFA analysis, they should include a discussion of these
issues in their comments and additionally label them as RFA comments.
The Commission will send a copy of this NPRM, including a copy of this
initial regulatory flexibility certification, to the Chief Counsel for
Advocacy of the SBA. In addition, a copy of this Notice of Proposed
Rulemaking and this initial certification will be published in the
Federal Register.
E. Initial Paperwork Reduction Act of 1995 Analysis
25. This document contains proposed modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
F. Contact Person
26. For further information about this proceeding, please contact
Alex Johns, FCC Wireline Competition Bureau, Competition Policy
Division, Room 5-C317, 445 12th Street SW., Washington, DC 20554, (202)
418-1580, [email protected].
IV. Ordering Clauses
27. Accordingly, it is ordered, pursuant to sections 1, 2(a), 4(i),
4(j), 5, 10-11, 201-205, 214, 218-221, 225-228, 254, 303, 308, 403,
410, and 651 of the Communications Act of 1934, as amended, and section
706 of the Telecommunications Act of 1996, as amended, 47 U.S.C.
Sec. Sec. 151, 152(a), 154(i), 154(j), 155, 160-161, 201-205, 214,
218-221, 225-228, 254, 303, 308, 403, 410, 571, 1302, and section 401
of the Federal Election Campaign Act of 1971, as amended, 52 U.S.C.
30141, that this Notice of Proposed Rulemaking is adopted.
28. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the Small Business Administration.
List of Subjects
47 CFR Part 36
Communications common carriers, Reporting and recordkeeping
requirements, Telephone, Uniform System of Accounts.
47 CFR Part 42
Communications common carriers, Radio, Reporting and recordkeeping
requirements, Telegraph, Telephone.
47 CFR Part 54
Communications common carriers, Health facilities, Infants and
children, Libraries, Reporting and recordkeeping requirements, Schools,
Telecommunications, Telephone.
47 CFR Part 63
Cable television, Communications common carriers, Radio, Reporting
and recordkeeping requirements, Telegraph, Telephone.
47 CFR Part 64
Civil defense, Claims, Communications common carriers, Computer
technology, Credit, Foreign relations, Individuals with disabilities,
Political candidates, Radio, Reporting and recordkeeping requirements,
Telecommunications, Telegraph, Telephone.
[[Page 25993]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 36, 42, 54, 63, and 64 to
read as follows:
PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES,
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES
0
1. The authority citation for part 36 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (j), 205, 221(c), 254,
303(r), 403, 410, and 1302 unless otherwise noted.
0
2. Amend Sec. 36.126 by revising paragraphs (a)(1), (2), and (8),
adding paragraph (b)(4), and revising paragraphs (d)(1), (e)(1), and
(e)(3)(iii) to read as follows:
Sec. 36.126 Circuit equipment--Category 4.
(a) * * *
(1) Carrier telephone system terminals.
(2) Telephone repeaters, termination sets, impedance compensators,
pulse link repeaters, echo suppressors and other intermediate
transmission amplification and balancing equipment except that included
in switchboards.
* * * * *
(8) Testboards, test desks, repair desks and patch bays, including
those provided for test and control, and for transmission testing.
(b) * * *
(4) In addition, for the purpose of identifying and separating
property associated with special services, circuit equipment included
in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is
identified as either basic circuit equipment, i.e., equipment that
performs functions necessary to provide and operate channels suitable
for voice transmission (telephone grade channels), or special circuit
equipment, i.e., equipment that is peculiar to special service
circuits. Carrier telephone terminals and carrier telephone repeaters
are examples of basic circuit equipment in general use, while audio
program transmission amplifiers, bridges, monitoring devices and volume
indicators are examples of special circuit equipment in general use.
* * * * *
(d) * * *
(1) Interexchange Circuit Equipment Furnished to Another Company
for Interstate Use--Category 4.21--This category comprises that circuit
equipment provided for the use of another company as an integral part
of its interexchange circuit facilities used wholly for interstate
services. This category includes such circuit equipment as telephone
carrier terminals and microwave systems used wholly for interstate
services. The total cost of the circuit equipment in this category for
the study area is assigned to the interstate operation
(e) * * *
(1) Interexchange Circuit Equipment Furnished to Another Company
for Interstate Use--Category 4.21--This category comprises that circuit
equipment provided for the use of another company as an integral part
of its interexchange circuit facilities used wholly for interstate
services. This category includes such circuit equipment as telephone
carrier terminals and microwave systems used wholly for interstate
services. The total cost of the circuit equipment in this category for
the study area is assigned to the interstate operation.
* * * * *
(3) * * *
(iii) The cost of special circuit equipment is segregated among
private line services based on an analysis of the use of the equipment
and in accordance with Sec. 36.126(b)(4). The special circuit
equipment cost assigned to private line services is directly assigned
to the appropriate operations.
* * * * *
PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS
0
3. The authority citation for part 42 continues to read as follows:
Authority: Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C.
154(i). Interprets or applies secs. 219 and 220, 48 Stat. 1077-78,
47 U.S.C. 219, 220.
Sec. 42.4 [Removed]
0
4. Remove Sec. 42.4.
Sec. 42.5 [Removed]
0
5. Remove Sec. 42.5.
Sec. 42.7 [Removed]
0
6. Remove Sec. 42.7.
PART 54--UNIVERSAL SERVICE
0
7. The authority citation for part 54 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220,
254, 303(r), 403, and 1302 unless otherwise noted.
Sec. 54.706 [Amended]
0
8. In Sec. 54.706, remove and reserve paragraph (a)(13).
PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS
0
9. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218,
403 and 651 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
0
10. Amend Sec. 63.60 by revising paragraph (c) to read as follows:
Sec. 63.60 Definitions.
* * * * *
(c) Emergency discontinuance, reduction, or impairment of service
means any discontinuance, reduction, or impairment of the service of a
carrier occasioned by conditions beyond the control of such carrier
where the original service is not restored or comparable service is not
established within a reasonable time. For the purpose of this part, a
reasonable time shall be deemed to be a period not in excess of the
following: 10 days in the case of public coast stations; and 60 days in
all other cases;
* * * * *
0
11. Amend Sec. 63.61 by revising the introductory text to read as
follows:
Sec. 63.61 Applicability.
Any carrier subject to the provisions of section 214 of the
Communications Act of 1934, as amended, proposing to discontinue,
reduce or impair interstate or foreign telephone service to a
community, or a part of a community, shall request authority therefor
by formal application or informal request as specified in the pertinent
sections of this part:
* * * * *
0
12. Amend Sec. 63.62 by revising the section heading to read as
follows:
Sec. 63.62 Type of discontinuance, reduction, or impairment of
telephone service requiring formal application.
* * * * *
Sec. 63.65 [Amended]
0
13. In Sec. 63.65, remove and reserve paragraph (a)(4).
0
14. Amend Sec. 63.500 by revising paragraph (g) to read as follows:
[[Page 25994]]
Sec. 63.500 Contents of applications to dismantle or remove a trunk
line.
* * * * *
(g) Name of any other carrier or carriers providing telephone
service to the community;
* * * * *
0
15. Amend Sec. 63.501 by revising paragraph (g) to read as follows:
Sec. 63.501 Contents of applications to sever physical connection or
to terminate or suspend interchange of traffic with another carrier.
* * * * *
(g) Name of any other carrier or carriers providing telephone
service to the community;
* * * * *
0
16. Amend Sec. 63.504 by revising paragraph (k) to read as follows:
Sec. 63.504 Contents of applications to close a public toll station
where no other such toll station of the applicant in the community will
continue service and where telephone toll service is not otherwise
available to the public through a telephone exchange connected with the
toll lines of a carrier.
* * * * *
(k) Description of the service involved, including a statement of
the number of toll telephone messages sent-paid and received-collect,
and the revenues from such traffic, in connection with the service
proposed to be discontinued for each of the past 6 months; and, if the
volume of such traffic handled in the area has decreased during recent
years, the reasons therefor.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
17. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless
otherwise noted.
Subpart A--[Removed and Reserved]
0
18. Remove and reserve subpart A, consisting of Sec. 64.1.
Subpart C--[Removed and Reserved]
0
19. Remove and reserve subpart C, consisting of Sec. 64.301.
Subpart E--[Removed and Reserved]
0
20. Remove and reserve subpart E, consisting of Sec. 64.501.
Sec. 64.804 [Amended]
0
21. In Sec. 64.804, remove and reserve paragraphs (c) through (g).
0
22. Revise Sec. 64.5001 to read as follows:
Sec. 64.5001 Reporting and certification requirements.
On a quarterly basis, every prepaid calling card provider must
submit to the Commission a certification, signed by an officer of the
company under penalty of perjury, stating that it is making the
required Universal Service Fund contribution based on the reported
information. This provision shall not apply to any prepaid calling card
provider that has timely filed every FCC Form 499-A and 499-Q due
during the preceding two-year period.
[FR Doc. 2015-10470 Filed 5-5-15; 8:45 am]
BILLING CODE 6712-01-P