[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Proposed Rules]
[Pages 45916-45917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18993]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 10-90, 14-192, 11-42, 09-197; DA 15-851]
Wireline Competition Bureau Seeks To Refresh the Record on
Pending Issues Regarding Eligible Telecommunications Carrier
Designations and Obligations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Wireline Competition Bureau seeks to
refresh the record on pending issues related to Eligible
Telecommunications Carrier (ETC) designations and obligations in areas
served by price cap carriers.
DATES: Comments are due on or before September 2, 2015 and reply
comments are due on or before September 17, 2015.
ADDRESSES: You may submit comments, identified by WC Docket Nos. 10-90,
14-192, 11-42 or 09-197, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Heidi Lankau, Wireline Competition
Bureau at (202) 418-7400 or TTY (202) 418-0484.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Wireline
Competition Bureau's document in WC Docket No. 10-90, 14-192, 11-42 and
09-197; DA 15-851, released July 23, 2015. The complete text of these
documents are available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street SW., Room CY-A257, Washington, DC 20554.
I. Introduction
1. Against the backdrop of the relief already granted in the
December 2014 Connect America Order, 80 FR 4446, January 27, 2015. The
Wireline Competition Bureau (Bureau) seeks to refresh the record on
issues raised in various proceedings related to ETC designations and
obligations in areas served by price cap carriers. In the USF/ICC
Transformation FNPRM, 76 FR 78384, December 16, 2011, the Commission
noted that ETC service obligations and funding should be
``appropriately matched, while avoiding consumer disruption in access
to communications services.'' It sought comment on how existing voice
telephony service obligations for ETCs would change as funding shifts
to new, more targeted mechanisms, including potentially via forbearance
from the relevant requirements of section 214(e)(1). In the April 2014
Connect America FNPRM, 79 FR 39196, July 9, 2014, the Commission sought
to develop the record further on how relieving incumbent local exchange
carriers (LECs) of their ETC obligations would comport with section 214
of the Communications Act and what specific obligations incumbent LECs
would be relieved of in areas where they do not receive high-cost
support. In October 2014, USTelecom submitted a petition seeking, among
other things, forbearance from the enforcement of section 214(e)(1)(A)
where a price cap carrier receives no high-cost support. And recently
the Commission released a FNPRM for the Lifeline program seeking
comment on proposals for ETC relief
[[Page 45917]]
from Lifeline obligations and incorporating the record from the Connect
America and USTelecom forbearance petition proceedings into that
docket.
2. Specifically, the Bureau seeks to refresh the record on the
issues that remain pending and how the actions already taken in the
December 2014 Connect America Order might affect the Commission's
analysis with respect to these pending issues in several open dockets.
In the December 2014 Connect America Order, the Commission did not
resolve the issues that were raised in the Connect America Fund
rulemaking proceeding and the forbearance petition regarding possible
forbearance or other relief from the price cap carriers' ETC
designations or the regulatory requirements imposed on ETCs for those
census blocks where forbearance was not granted. Moreover, the
Commission did not resolve the issue of granting broader forbearance or
other relief from the ETC designations of the price cap carriers
serving the census blocks where limited forbearance was granted. The
Commission neither accepted nor rejected commenters' various
arguments--whether in favor of, or against--such proposals. These
issues remain pending to the extent originally raised in the rulemaking
proceeding or the forbearance proceeding (or both).
II. Procedural Matters
1. Initial Regulatory Flexibility Act Analysis
3. The USF/ICC Transformation FNPRM and April 2014 Connect America
FNPRM included Initial Regulatory Flexibility Analyses (IRFAs) pursuant
to 5 U.S.C. 603, exploring the potential impact on small entities of
the Commission's proposal concerning potential relief from ETC
obligations. We invite parties to file comments on the IRFAs in light
of this request to refresh the record.
2. Paperwork Reduction Analysis
4. This document does not contain proposed information
collection(s) 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).
3. Filing Requirements
5. Interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments
are to reference WC Docket Nos. 10-90, 14-192, 11-42, 09-197 and DA 15-
851 and may be filed using the Commission's Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
(1) All hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
(2) 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.
(3) U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington DC 20554.
6. 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
7. This matter shall continue to be treated as a ``permit-but-
disclose'' proceeding in accordance with the Commission's ex parte
rules. Persons making ex parte presentations must file a copy of any
written presentation or a memorandum summarizing any oral presentation
within two business days after the presentation (unless a different
deadline applicable to the Sunshine period applies). Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
8. For further information, please contact Heidi Lankau,
Telecommunications Access Policy Division, Wireline Competition Bureau
at 202-418-7400; or at TTY (202) 418-0484.
Federal Communications Commission.
Ryan B. Palmer,
Chief, Telecommunications Access Policy Division, Wireline Competition
Bureau.
[FR Doc. 2015-18993 Filed 7-31-15; 8:45 am]
BILLING CODE 6712-01-P