*Pages 1--5 from Microsoft Word - 50904.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA No. 05- 2266 Released: August 9, 2005 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PROPOSED MODIFICATIONS/ CLARIFICATIONS TO RULES GOVERNING THE EXCHANGE OF CUSTOMER ACCOUNT INFORMATION BETWEEN LOCAL AND LONG DISTANCE CARRIERS CG Docket No. 02- 386 Oppositions or Comments Due: 15 Days After Publication in the Federal Register Reply Comments Due: 25 Days After Publication in the Federal Register On February 25, 2005, the Commission adopted mandatory, minimum standards governing the exchange of customer account information between local exchange carriers (LECs) and interexchange carriers (IXCs). 1 In adopting these mandatory, minimum standards, the Commission relied in large measure on a compromise proposal that was filed with the Commission by a coalition of IXCs and LECs, including representatives of AT& T, MCI, Sprint, BellSouth, Qwest, SBC, and Verizon (Coalition). On April 15, 2005, and June 15, 2005, the Coalition proposed modifications and clarifications to the Order. 2 In particular, the Coalition identified certain aspects of section 64.4002 of the Commission’s rules that, in its view, should be clarified and/ or modified by the Commission “in the interest of clarity and completeness.” 3 The Coalition’s proposed clarifications and modifications to section 64.4002 are described immediately below: 1 See Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers, CG Docket No. 02- 386, Report and Order and Further Notice of Proposed Rulemaking (rel. Feb. 25, 2005) (Order), published in Federal Register at 70 Fed. Reg. 32258 (June 2, 2005). Because the rules and requirements adopted in the Order contain new information collection requirements that are subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104- 13, they will not become effective until the Office of Management and Budget has approved the information collection requirements contained therein. Once OMB has approved the information collection requirements, the Commission will publish a document in the Federal Register announcing the effective date of the rules. 2 See Letter from Michael F. Del Casino, AT& T, to Marlene Dortch, FCC (April 15, 2005) (April 15 th Letter) and Letter from Michael F. Del Casino, AT& T, to Marlene Dortch, FCC (June 15, 2005) (June 15 th Letter). 3 April 15 th Letter at 2 (citing 47 C. F. R. § 64.4002). 1 3 change [in LEC] and the new LEC must notify the customer’s [new] PIC of the customer’s PIC selection.” 12 Pursuant to section 1.429 of the Commission’s rules, 47 C. F. R. § 1. 429, interested parties may file oppositions, comments or replies in response to the Coalition’s proposed clarifications and modifications on or before the dates indicated on the first page of this document. When filing oppositions, comments, or replies, please reference CG Docket No. 02- 386. Oppositions, comments, or replies may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). Oppositions, comments, or replies filed through the ECFS can be sent as an electronic file via the Internet to http:// www. fcc. gov/ e- file/ ecfs. html. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get filing instructions for e- mail submissions, commenters should send e- mail to ecfs@ fcc. gov, and should include the following words in the body of the message, “get form .” A sample form and directions will be sent in reply. Parties who choose to file by paper must send an original and four (4) copies of each filing. Filings can be sent by hand or messenger delivery, by electronic media, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission’s contractor will receive hand- delivered or messenger- delivered paper filings or electronic media for the Commission’s Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial and electronic media sent by 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 mail, Express Mail, and Priority Mail should be addressed to 445 12 th Street, S. W., Washington, D. C. 20554. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Room TW- B204, Washington, DC 20554. This proceeding shall be treated as a “permit but disclose” proceeding in accordance with the Commission’s ex parte rules, 47 C. F. R. § 1.1200. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C. F. R. § 1.1206( b). Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in section 1.1206( b) of the Commission’s rules, 47 C. F. R. § 1.1206( b). The full text of this document 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 12 th Street, SW., Room CY- A257, Washington, D. C. 20554, (202) 418- 0270. This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12 th Street, SW., Room CY- B402, Washington, D. C. 20554. Customers may contact BCPI, at their web site: www. bcpiweb. com or by calling 1- 800- 378- 3160. 12 April 15 th Letter at 2 (citing 47 C. F. R. § 64.4002( g)). 3 4 To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format) send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0530 (voice) or (202) 418- 0432 (TTY). This Public Notice can also be downloaded in Word or Portable Document Format (PDF) at http:// www. fcc. gov/ cgb. Initial Regulatory Flexibility Certification. The Regulatory Flexibility Act 13 requires that an initial regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings, unless the agency certifies that "the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities." 14 The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." 15 In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. 16 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). 17 On March 25, 2004, the Commission released a Notice of Proposed Rulemaking seeking public comment on whether the Commission should establish mandatory, minimum standards governing the exchange of customer account information between local exchange carriers and interexchange carriers. 18 As required by the RFA, the Commission incorporated into the NPRM an Initial Regulatory Flexibility Analysis (IRFA) and sought public comment on the specific issues raised in the IRFA. 19 Two entities filed comments addressing the IRFA. On February 25, 2005, the Commission adopted the Order which, as discussed above, established extensive and detailed standards governing the exchange of customer account information between local exchange carriers and interexchange carriers. 20 Consistent with the 13 See 5 U. S. C. § 603. The RFA, see 5 U. S. C. §§ 601- 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104- 121, Title II, 110 Stat. 857 (1996). 14 See 5 U. S. C. § 605( b). 15 See 5 U. S. C. § 601( 6). 16 See 5 U. S. C. § 601( 3) (incorporating by reference the definition of "small business concern" in the Small Business Act, 15 U. S. C. § 632). Pursuant to 5 U. S. C. § 601( 3), the statutory definition of a small business applies "unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition( s) in the Federal Register." 17 See 15 U. S. C. § 632. 18 See Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers, CG Docket No. 02- 386, Notice of Proposed Rulemaking, 19 FCC Rcd 5688 (2004) (NPRM). A summary of the NPRM was published in the Federal Register on April 19, 2004. See 69 Fed. Reg. 20845. 19 See NPRM, 19 FCC Rcd at 5703- 08. 20 See Order, 20 FCC Rcd 4560 (2005); see also note 1, supra. 4 5 RFA, the Commission incorporated into the Order a Final Regulatory Flexibility Analysis (FRFA) addressing, among other things, the comments that had been filed in response to the IRFA. 21 In this Public Notice, we seek comment on the Coalition’s proposed clarifications and modifications to section 64. 4002 of the Commission’s rules. 22 The proposed clarifications and modifications are in the nature of technical corrections to the Commission’s customer account record exchange rules that, if adopted, would not have a significant economic impact on entities subject to those rules. For example, the Coalition asserts that its proposed modification to section 64.4002( d) would make this provision consistent with similar notification requirements adopted in the Order simply by requiring a LEC to confirm its receipt of a particular IXC- initiated notification with an appropriate response. The Coalition similarly proposes modifications to section 64.4002( e) and (g) to include within the information exchanges prescribed by those subsections, the same standard categories of information that carriers routinely must provide in connection with other notification obligations adopted in the Order. If the Commission were to adopt the proposed modifications and clarifications, we believe that the compliance burden, and resulting economic impact on entities subject thereto, would be de minimus. Therefore, we certify for purposes of the RFA that the proposals in this Public Notice, if adopted, will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the Public Notice, including a copy of this Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. 23 This initial certification will also be published in the Federal Register. 24 FOR FURTHER INFORMATION CONTACT: Kelli Farmer, Consumer & Governmental Affairs Bureau, Federal Communications Commission, 202- 418- 2512 (voice), Kelli. Farmer@ fcc. gov. -FCC- 21 See Order, 20 FCC Rcd at 4598- 4607. The Commission also prepared an IRFA addressing issues raised in the Further Notice of Proposed Rulemaking that was attached to the February 2005 Order. See Order, 20 FCC Rcd at 4608- 4612. Those IRFA issues are not a part of the present Public Notice. 22 47 C. F. R. § 64.4002. 23 See 5 U. S. C. § 605( b). 24 See 5 U. S. C. § 605( b). 5