*Pages 1--5 from Microsoft Word - 21593.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 FCC 02- 267 Released: September 26, 2002 THE COMMISSION SEEKS PUBLIC COMMENT IN 2002 BIENNIAL REVIEW OF TELECOMMUNICATIONS REGULATIONS WITHIN THE PURVIEW OF THE WIRELINE COMPETITION BUREAU WC Docket No. 02- 313 Comment Date: October 18, 2002 Reply Comment Date: November 4, 2002 The FCC is in the process of conducting its comprehensive 2002 biennial review of telecommunications regulations pursuant to Section 11 of the Communications Act of 1934, as amended, 47 U. S. C. § 161. This section requires the Commission (1) to review biennially its regulations “that apply to the operations or activities of any provider of telecommunications service,” and (2) to “determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between the providers of such service.” The Commission is directed to repeal or modify any such regulations that it finds are no longer in the public interest. Pursuant to Section 1.430 of the Commission's rules, 47 C. F. R. § 1.430, we seek suggestions from the public as to what rules should be modified or repealed as part of the 2002 biennial review. The Commission also encourages parties to comment on or recommend changes to rules that might enable the Commission to operate more efficiently and effectively. Submissions by the public should identify with as much specificity as possible the rule or rules that should be modified or repealed, and why the regulations should be modified or repealed. A list of the rules within the purview of the Wireline Competition Bureau is attached. When the Commission undertook the first Biennial Regulatory Review of its regulations in 1998, it broadened its review to apply to the rules of all Offices and Bureaus in the Commission, rather than just those applying to telecommunications service providers and broadcast ownership. The Commission did not limit its review to whether meaningful economic competition alone justified changes, but instead considered any justification to modify or eliminate a rule which would serve the public interest. Our biennial reviews, thus, have gone beyond the minimal statutory requirements and we expect to continue this practice in the 2002 biennial review. We note that the Commission has adopted and released a separate Notice of Proposed Rulemaking with respect to the broadcast ownership rules pursuant to section 202( h) of the 1 Telecommunications Act of 1996. 1 Accordingly, parties should file comments on the Commission’s broadcast ownership rules in that proceeding, and not in response to this public notice. In order to facilitate review of all comments, the cover page should denote that it pertains to the Biennial Review 2002, and should include the following docket number and caption: “WC Docket No. 02- 313 Biennial Review 2002 Comments.” Interested parties may file comments by October 18, 2002 and reply comments by November 4, 2002. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents, 63 Fed. Reg. 24121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . 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 comments, commenters should send an 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 file an original and four copies 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 (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand- delivered or messenger- delivered paper filings 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 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 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. In addition, one copy of each pleading must be sent to the Commission’s duplicating contractor, Qualex International, 445 12 th Street, S. W., Room CY- B402, Washington, D. C. 20554; e- mail: qualexint@ aol. com; facsimile: (202) 863- 2898; phone: (202) 863- 2893. Comments in this proceeding will be available on ECFS. They will also be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY- A257, Washington, DC, 20554. They may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. com. For further information, please contact Pam Slipakoff, Wireline Competition Bureau, Telephone 202- 418- 7705; e- mail pslipako@ fcc. gov. Action by the Commission on September 26, 2002: Chairman Powell; Commissioners Abernathy, Copps and Martin. 1 See 2002 Biennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996, MB Docket No. 02- 277, MM Docket Nos. 01- 235, 01- 317, 00- 244, Notice of Proposed Rulemaking, FCC 02- 249 (rel. Sept 23, 2002). 2 - FCC - 3 -ATTACHMENT- RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY WIRELINE COMPETITION BUREAU 2 Part 32 – Uniform System of Accounts for Telecommunications Companies – Establishes mandatory minimum accounting standards for certain common carriers. Part 36 – Jurisdictional Separations Procedures; Standard Procedures for Separating Telecommunications Property Costs, Revenues, Expenses, Taxes and Reserves for Telecommunications Companies – Outlines the separations procedures designed primarily for the allocation of property costs, revenues, expenses, taxes and reserves between the state and interstate jurisdictions. Part 42 – Preservation of Records of Communication Common Carriers – Prescribes the regulations governing the preservation of records of common carriers. Part 43 – Reports of Communication Common Carriers and Certain Affiliates – Prescribes specific filing requirements for common carriers and certain of their affiliates. Part 51 – Interconnection – Establishes interconnection obligations for local exchange carriers. Part 52 – Numbering – Establishes conditions for the administration and use of numbering resources for the provision of telecommunications services in the United States. Part 53 – Special Provisions Concerning Bell Operating Companies – Establishes special requirements applicable to Bell Operating Companies, pursuant to 47 U. S. C. §§ 271 and 272. Part 54 – Universal Service – Establishes mechanisms for the provision of Universal Service. Part 59 – Infrastructure Sharing – Establishes the general duty of incumbent local exchange carriers to make available to certain qualifying carriers network infrastructure, facilities, functions, technology, and information. Part 61 – Tariffs – Prescribes the framework for the initial establishment of and subsequent revisions to tariff publications for certain carriers. 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 – Prescribes a regulatory framework for construction of wireline common carrier infrastructure. Part 64 – Miscellaneous Rules Relating to Common Carriers – Addresses a broad range of common carrier issues. Part 65 – Interstate Rate of Return Prescription Procedures and Methodologies – Establishes procedures and methodologies for Commission prescription of an authorized unitary interstate exchange access rate of return and individual authorized rates of return for the interstate exchange access rates of certain other carriers. 2 These rule parts also contain regulations administered by the Consumer and Governmental Affairs Bureau (Parts 64 and 68) and International Bureau (Parts 43, 63, and 64). 4 Part 68 – Connection of Terminal Equipment to the Telephone Network – Establishes conditions for direct connection to the network of registered terminal equipment to prevent network harm and ensure that telephones are compatible with hearing aids. Part 69 – Access Charges – Establishes rules for access charges for interstate or foreign access services for incumbent local exchange carriers. 5