[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56570-56571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25674]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 69

[WC Docket Nos. 16-143, 05-25, GN Docket No. 13-5 and RM-10593; FCC 17-
43]


Sunset Order; Access Charge Reform; Business Data Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
an information collection associated with the Commission's Business 
Data Services Report and Order, FCC 17-43, which reformed the business 
data services/special access regulations for incumbent and competitive 
LECs. The Commission's reforms included replacing the application-based 
pricing flexibility rules with a new framework for determining the 
circumstances under which business data services will

[[Page 56571]]

be subject to ex ante pricing regulation. The Commission amended its 
rules to specify that its pricing flexibility rules no longer apply to 
business data services. The Commission also limited the circumstances 
under which price cap LECs must file their business data services 
contracts as contract-based tariffs. This document is consistent with 
the Order, which stated that the Commission would publish a document in 
the Federal Register announcing the effective date of this rule.

DATES: The amendments to Sec. Sec.  1.776 and 69.701 of the 
Commission's rules, published at June 2, 2017, 82 FR 25660, are 
effective November 29, 2017.

FOR FURTHER INFORMATION CONTACT: William Kehoe, Pricing Policy 
Division, Wireline Competition Bureau, at (202) 418-7122, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on November 7, 
2017, OMB approved, for a period of three years, the changes in 
information collection requirements relating to Sec. Sec.  1.774, 1.776 
and 69.701 of the Commission's rules, as contained in the Commission's 
Business Data Services Report and Order, FCC 17-43, published at 82 FR 
25660, June 2, 2017. The OMB Control Number is 3060-0760. The 
Commission publishes this document as an announcement of the effective 
date of Sec. Sec.  1.776 and 69.701 of the Commission's rules. If you 
have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Nicole Ongele, Federal Communications 
Commission, Room 1-A620, 445 12th Street SW., Washington, DC 20554. 
Please include the OMB Control Number, 3060-0760, in your 
correspondence. The Commission will also accept your comments via email 
at [email protected]. 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).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on November 7, 2017, for the information collection 
requirements contained in the modifications to Sec. Sec.  1.774, 1.776, 
and 69.701 of the Commission's rules. Under 5 CFR part 1320, an agency 
may not conduct or sponsor a collection of information unless it 
displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0760.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0760.
    OMB Approval Date: November 7, 2017.
    OMB Expiration Date: November 30, 2020.
    Title: 272 Sunset Order, WC Docket No. 06-120; Access Charge 
Reform, CC Docket No. 96-262, First Report and Order; Second Order on 
Reconsideration and Memorandum Opinion and Order; and Fifth Report and 
Order; Business Data Services Report and Order, WC Docket No. 16-143 et 
al.
    Form Number: N/A.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 13 respondents; 66 responses.
    Estimated Time per Response: 3-80 hours.
    Frequency of Response: One-time reporting requirement; on-occasion 
reporting requirement; third-party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 47 
U.S.C. 1, 4(i) through (j), 201 through 205, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) through 
(j), 201 through 205, and 303(r).
    Total Annual Burden: 1,256 hours.
    Total Annual Cost: $61,050.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The information requested is 
not of a confidential nature. However, respondents may request 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the Commission's rules.
    Needs and Uses: On April 28, 2017, the Commission released the 
Business Data Services Order, WC Docket No. 16-143 et al., FCC 17-43, 
reforming the business data services/special access regulations for 
incumbent and competitive LECs. The Commission's reforms included 
replacing the application-based pricing flexibility rules with a new 
framework under which: (a) Packet-based services, time division 
multiplexing (TDM) services with bandwidth greater than 45 mbps, and 
TDM transport services are not subject to ex ante pricing regulation; 
(b) a new standard is applied to determine the extent to which the 
Commission regulates price cap LECs' TDM end user channel terminations 
with bandwidth less than 45 mbps and certain other low bandwidth 
business data services. Under this standard, a price cap LEC is not 
subject to ex ante pricing regulation in the provision of these 
services in counties deemed competitive under the Commission's 
competitive market test or for which the price cap LEC previously 
obtained Phase II pricing flexibility; (c) the price cap LEC is subject 
to ex ante pricing regulation in other counties where it is the 
incumbent LEC, but in these counties the price cap LEC has downward 
pricing flexibility (i.e., the equivalent of Phase I pricing 
flexibility under the prior rules); and (d) the Commission will update 
the competitive market test results every three years using data 
already collected in FCC Form 477.
    Among other rules changes, the Business Data Services Order 
repealed Sec.  1.774, which set forth requirements for pricing 
flexibility applications, and added Sec.  1.776, which limits the 
circumstances under which price cap LECs must file their business data 
services contracts as contract-based tariffs. The Commission also 
amended Sec.  69.701 of its rules to specify that its pricing 
flexibility rules no longer apply to business data services.


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017-25674 Filed 11-28-17; 8:45 am]
 BILLING CODE 6712-01-P