[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Rules and Regulations]
[Pages 3621-3622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-1810]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 96-128; FCC 01-344]
The Pay Telephone Reclassification and Compensation Provisions of
the Telecommunications Act of 1996
AGENCY: Federal Communications Commission.
ACTION: Clarification.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) addresses the rules regarding per-call compensation for
payphone calls to ensure that payphone service providers (PSPs) are
fairly compensated for all completed, coinless calls made from
payphones. The Commission addresses the key issues raised in the
petitions for declaratory ruling, reconsideration and/or clarification,
and clarifies, on its own motion, certain aspects of the per-call
compensation rules.
DATES: Effective February 25, 2002.
FOR FURTHER INFORMATION CONTACT: Tania Cho, (202) 418-2320; fax (202)
[[Page 3622]]
418-2345; TTY (202) 418-0484; email at tcho@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Order on Reconsideration and Order on Clarification in CC Docket No.
96-128, FCC 01-344, adopted and released on November 21, 2001. The full
text of the item is available for inspection and copying during the
hours of 9 a.m. to 4:30 p.m. in the Commission's Reference Center, Room
CY-A257, 445 12th Street, SW., Washington, DC 20554, or copies may be
purchased from the Commission's duplicating contractor, Qualex
International, 445 12th Street, SW., Suite CY-B402, Washington, DC
20554, phone (202) 863-2893. This Order contains no new or modified
information collection subject to the Paperwork Reduction Act of 1995,
Public Law 104-13.
Synopsis of the Third Order on Reconsideration and Order on
Clarification
To implement Section 276 of the Telecommunications Act of 1996, the
Commission has adopted several rules that define the relationship
between PSPs and carriers in the call path in order to ensure that PSPs
are adequately compensated for calls placed from payphones. In the
First Payphone Order, 61 FR 52309, October 7, 1996, the Commission
concluded that the interexchange carrier (IXC), as the primary
beneficiary of payphone calls, should compensate the PSP. The
Commission also recognized that a reseller lacking its own facilities
does not have the ability to track calls, and that the facilities-based
carrier should therefore pay compensation to the PSP. A requirement to
track, or arrange for tracking of, compensable calls was also
established for the underlying IXC, and the IXC was permitted to
recover the cost of such tracking from the reseller. In the Payphone
Order on Reconsideration, 61 FR 65341, December 12, 1996, the
Commission modified its rules to provide that switch-based resellers
(SBRs) are responsible for paying compensation directly to PSPs. In the
Coding Digit Waiver Order, 63 FR 26497, May 13, 1998, the Common
Carrier Bureau responded to PSP complaints that IXCs refused to
identify SBRs by clarifying that when SBRs identified themselves to the
first facilities-based IXC as responsible for paying compensation, the
IXC was obligated to provide this information to the PSP.
On April 5, 2001, the Commission released the Second Order on
Reconsideration, 66 FR 21105, April 27, 2001, which modified the
payphone compensation rules. The modified rules provided that the first
facilities-based IXC to which a LEC routes a coinless payphone call
must (1) Compensate the PSP for the completed call; (2) track or
arrange for tracking of all compensable calls; and (3) send to the PSP
call completion information to enable the PSP to verify the accuracy of
compensation it receives for coinless, compensable calls and/or to bill
the underlying facilities-based carrier. The first IXC may then seek
reimbursement from the switchless or switch-based reseller ultimately
responsible for the compensation.
In this Third Order on Reconsideration and Order on Clarification,
we decline to modify the rules as established in the Second Order on
Reconsideration. We also reaffirm that, for purposes of payphone
compensation, only calls that are answered by the called party are
``completed'' and thus compensable. Further, we clarify that the
Commission supports the preservation and establishment of direct
relationships and agreements between PSPs and SBRs for tracking and
payment of payphone compensation, and that the liability of the first
facilities-based IXC is limited to the extent that SBRs enter into such
direct relationships. We also reiterate that the Commission did not, by
revising the payphone compensation rules, intend to nullify any current
or future contractual arrangements. Finally, we clarify that carriers
are only required to report to PSPs calls that are completed, and thus
compensable.
Ordering Clause
Pursuant to the authority contained in Sections 1, 4(i), 4(j), and
276 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), and 276, the Bulletins Petition for Clarification is
denied to the extent described herein; WorldCom, Inc. Petition for
Declaratory Ruling and Petition for Reconsideration is granted in part
and denied in part to the extent described herein; AT&T Petition for
Clarification and/or Reconsideration is denied to the extent described
herein; and Global Crossing Telecommunications, Inc. Petition for
Reconsideration and Clarification is denied, to the extent described
herein.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 02-1810 Filed 1-24-02; 8:45 am]
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