[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84264-84266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26936]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[WC Docket No. 17-84; DA 20-1241; FRS 17274]


Accelerating Wireline Broadband Deployment by Removing Barriers 
to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Wireline Competition Bureau of Federal 
Communications Commission (Commission) makes two ministerial updates to 
the Commission's rules revising a now inaccurate cross-reference to the 
definition of copper retirement in changing it from now-repealed), and 
an inaccurate cross-reference to the definition of ``technology 
transition'' in section changing it from

DATES: Effective January 27, 2021.

[[Page 84265]]


ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau, 
Competition Policy Division, Michele Levy Berlove, at (202) 418-1477, 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Wireline 
Competition Bureau's Order in WC Docket No. 17-84, adopted October 20, 
2020 and released October 20, 2020. The full text of this document is 
available on the Commission's website at https://docs.fcc.gov/public/attachments/DA-20-1241A1.docx. 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).
    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), 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).
    The Commission will not send a copy of this Order on 
Reconsideration and Order to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A), because the adopted rules are rules of particular 
applicability. The final rules associated with the Order are 
ministerial clarifications of inaccurate cross-references of the 
Commission's rules.

Synopsis

I. Introduction

    1. Next-generation networks hold the promise of new and improved 
service offerings for American consumers, and encouraging the 
deployment of these facilities as broadly as possible has long been a 
priority of the Commission. The COVID-19 pandemic has served to 
underscore the importance of ensuring that people throughout the 
country can reap the benefits of these next-generation networks, which 
provide increased access to economic opportunity, healthcare, 
education, civic engagement, and connections with family and friends. 
Removing unnecessary regulatory barriers faced by carriers seeking to 
transition legacy networks and services to modern broadband 
infrastructure is therefore a key component of the Commission's work to 
improve access to advanced communications services and to close the 
digital divide.
    2. In this Order, the Wireline Competition Bureau adopts non-
substantive ministerial updates to codified rules required by actions 
the Commission took in the 2017 Wireline Infrastructure First Report 
and Order (82 FR 61453, Dec. 28, 2017), by revising and correcting two 
now-inaccurate cross-references in the rules.

II. Order

    3. In this Order, the Wireline Competition Bureau makes two 
ministerial updates to codified rules required by Commission actions 
taken in the 2017 Wireline Infrastructure First Report and Order. We 
revise a now-inaccurate cross-reference to the definition of copper 
retirement in Sec.  63.60(i) of the rules, changing it from now-
repealed Sec.  51.332(a) to Sec.  51.325(a)(3), and an inaccurate 
cross-reference to the definition of ``technology transition'' in Sec.  
63.602(a)(2), changing it from Sec.  63.60(h) to Sec.  63.60(i). We 
find that there is good cause for adopting this amendment here because 
an inaccurate cross-reference may confuse applicants seeking to 
determine whether a copper retirement, as defined by the rules, is 
excluded from consideration as a ``technology transition'' in 
accordance with Sec.  63.60(i). The inaccurate cross-references 
occurred inadvertently as a result of a series of overlapping changes 
to these rules over a three year period when previous rules had not yet 
become effective at the time the new rules were adopted.
    4. Section 553 of the Administrative Procedure Act permits the 
Commission to amend its rules without undergoing notice and comment 
where it finds good cause that doing so is ``impracticable, 
unnecessary, or contrary to the public interest.'' The Commission has 
previously determined that notice and comment is not necessary for 
``rule amendments to ensure consistency in terminology and cross 
references across various rules or to correct inadvertent failures to 
make conforming changes when prior rule amendments occurred.'' 
Consistent with these previous decisions, in this instance the Wireline 
Competition Bureau finds that notice and comment is unnecessary for 
adopting ministerial revisions to Sec. Sec.  63.60(i) and 63.602(a)(2) 
to ensure that the cross-references to the definitions of copper 
retirement and technology transition are consistent with the recent 
amendments to the Commission's rules.
    5. This action is taken pursuant to the authority delegated by 
Sec. Sec.  0.91 and 0.291 of the Commission's rules, 47 CFR 0.91 and 
0.291.

III. Procedural Matters

    6. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), 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).
    7. Contact Person. For further information about this proceeding, 
please contact Michele Levy Berlove, Competition Policy Division, 
Wireline Competition Bureau, at (202) 418-1477.

IV. Ordering Clauses

    8. Accordingly, it is ordered that, pursuant to sections 1-4 and 
214 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154 
and 214, this Order is adopted.
    9. It is further ordered that part 63 of the Commission's rules is 
amended as set forth in the Final Rules.
    10. It is further ordered that this Order shall be effective 30 
days after publication in the Federal Register.

List of Subjects in 47 CFR Part 63

    Cable television, Communications common carriers, Radio, Reporting 
and recordkeeping requirements, Telegraph, Telephone.

Federal Communications Commission.
Daniel Kahn,
Associate Chief, Wireline Competition Bureau.

Final Rules

    For the reasons set forth above, part 63 of title 47 of the Code of 
Federal Regulations is amended as follows:

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
1. The authority for part 63 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 
218, 403, 571, unless otherwise noted.


0
2. Amend Sec.  63.60 by revising paragraph (i) to read as follows:

[[Page 84266]]

Sec.  63.60  Definitions.

* * * * *
    (i) The term ``technology transition'' means any change in service 
that would result in the replacement of a wireline TDM-based voice 
service with a service using a different technology or medium for 
transmission to the end user, whether internet Protocol (IP), wireless, 
or another type; except that retirement of copper, as defined in Sec.  
51.325(a)(3) of this chapter, that does not result in a discontinuance, 
reduction, or impairment of service requiring Commission authorization 
pursuant to this part shall not constitute a ``technology transition'' 
for purposes of this part.

0
3. Amend Sec.  63.602 by revising paragraph (a)(2) to read as follows:


Sec.  63.602  Additional contents of applications to discontinue, 
reduce, or impair an existing retail service as part of a technology 
transition.

    (a) * * *
    (2) A statement identifying the application as involving a 
technology transition, as defined in Sec.  63.60(i);
* * * * *
[FR Doc. 2020-26936 Filed 12-23-20; 8:45 am]
BILLING CODE 6712-01-P