[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Rules and Regulations]
[Pages 58631-58632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15563]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 36

[CC Docket No. 80-286, FCC No. 24-71; FRS ID 231218]


Jurisdictional Separations and Referral to the Federal-State 
Joint Board

AGENCY: Federal Communications Commission.

ACTION: Notification of renewed referral.

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SUMMARY: In this document, the Commission renews the existing referrals 
to the Federal-State Joint Board on Separations, including both the 
1997 and 2009 comprehensive reform referrals and the 2018 interim 
reform measures referral. The Commission renews these referrals in 
light of the substantial changes that have unfolded within the 
telecommunications market alongside extensive changes in federal and 
state regulatory frameworks since these referrals were first made. The 
Commission is committed to working with the Joint Board to develop an 
efficient, modern ratemaking system for all carriers for the longer 
term, as well as any interim adjustments that may be necessary while 
comprehensive reform remains pending.

DATES: July 19, 2024.

FOR FURTHER INFORMATION CONTACT: Marv Sacks, Pricing Policy Division of 
the Wireline Communications Bureau, at (202) 418-2017 or via email at 
[email protected].
    People with Disabilities: 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) or 
(202) 418-0432 (TTY).

SUPPLEMENTARY INFORMATION: This action arises from a Commission Order 
that is part of an accompanying Further Notice of Proposed Rulemaking 
in FCC 24-71, released July 1, 2024. This renewed referral is not a 
rule adopted through notice and comment rulemaking under 5 U.S.C. 
553(b) and is presently effective. The full text may be obtained from 
the following internet address: https://www.fcc.gov/document/fcc-proposes-extending-separations-freeze. A proposed rule that relates to 
the accompanying Further Notice of Proposed Rulemaking is published 
elsewhere in this issue of the Federal Register.

I. Synopsis

    1. Consistent with Commission precedent, the Commission is not

[[Page 58632]]

seeking an additional referral to, or expecting an additional 
recommended decision from, the Joint Board to extend the separations 
rules freeze. At the same time, the Commission finds it appropriate to 
renew the Commission's prior reform referrals to the Joint Board in 
this Order, which accompanies the Further Notice of Proposed 
Rulemaking. In previously extending the freeze, the Commission has 
found such extensions to fall within the scope of the Joint Board's 
recommended decision granting the first freeze. In the 2001 Separations 
Freeze Order (66 FR 33202; June 21, 2001) following the Joint Board 
recommendation, in adopting the first separations freeze, the 
Commission recognized that it might need to extend the freeze if 
comprehensive reform was not completed before the freeze expired. Since 
then, the Commission has extended the freeze eight times without an 
additional referral of the freeze to the Joint Board. The Commission 
nevertheless values the Joint Board's input, and commits to engage in 
consultations with the Joint Board regarding the Commission's proposed 
extension and any interim separations reform measures that may be 
needed during the freeze.
    2. In this document, the Commission renews the existing referrals 
to the Federal-State Joint Board on Separations, including both the 
1997 and 2009 comprehensive reform referrals and the 2018 interim 
reform measures referral. The Commission renews these referrals in 
light of the substantial changes that have unfolded within the 
telecommunications market alongside extensive changes in federal and 
state regulatory frameworks since these referrals were first made.

II. Procedural Matters

    3. Final Regulatory Flexibility Analysis. Although in previous 
orders that included comprehensive and interim reform referrals to the 
Joint Board, the Commission incorporated a Final Regulatory Flexibility 
Analysis (FRFA), such analysis is not required here because the renewed 
referral is not a rule adopted through notice and comment rulemaking 
under 5 U.S.C. 553(b).
    4. Paperwork Reduction Act. This document does not contain proposed 
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.

III. Ordering Clauses

    5. Accordingly, it is ordered, pursuant to sections 1, 4(i) and 
(j), 205, 220, 221(c), 254, 303(r), 403, and 410 of the Communication 
Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (j), 205, 220, 
221(c), 254, 303(r), 403, 410, and section 706 of the 
Telecommunications Act of 1996, as amended, 47 U.S.C. 1302, that this 
Order is adopted.
    6. It is further ordered that, pursuant to section 410(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 410(c), this Order 
renews the prior referrals to the Federal-State Joint Board on 
Separations for preparation of a recommended decision.
    7. It is further ordered, pursuant to section 220(i) of the 
Communications Act, 47 U.S.C. 220(i), that notice be given to each 
state commission of the above rulemaking proceeding, and that the 
Secretary shall serve a copy of this Order on each state commission.
    8. It is further ordered that the Commission's Office of the 
Secretary shall send a copy of this Order to the Chief Counsel for 
Advocacy of the Small Business Administration.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison, Office of the Secretary.
[FR Doc. 2024-15563 Filed 7-18-24; 8:45 am]
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