[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)] [Rules and Regulations] [Pages 16696-16697] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-8932] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CC Docket Nos. 96-149 and 96-61; DA 98-556] Independent LECs Providing In-Region, Interstate, Interexchange Services on an Integrated Basis; Delay of Deadline AGENCY: Federal Communications Commission. ACTION: Final rule; partial stay. ----------------------------------------------------------------------- SUMMARY: The Common Carrier Bureau of the Federal Communications Commission has released an Order staying the provision for the April 18, 1998 deadline by which independent LECs providing in-region, interstate, interexchange services on an integrated basis must comply with the Commission's requirement that they provide these services through a separate affiliate. Petitions for reconsideration of the separate affiliate requirement are currently under consideration by the Commission and may not be decided by the April 18, 1998 deadline for compliance. To ensure that independent LECs do not incur compliance costs while the possibility of changes to the requirement still exists, the Order released by the Common Carrier Bureau stays the portion of the rule that provides the deadline for compliance until 60 days after the release of a Commission reconsideration order addressing this issue. DATES: Effective March 24, 1998, 47 CFR 64.1903(c) published July 3, 1997 (62 FR 35974) is stayed until 60 days after the release of the Commission's order on reconsideration in CC Docket Nos. 96-149 and 96- 61. The Commission will publish the date on which the stay expires in the Federal Register. FOR FURTHER INFORMATION CONTACT: Brent Olson, Common Carrier Bureau, Policy and Program Planning Division, (202) 418-7152. SUPPLEMENTARY INFORMATION: Synopsis of Order In the LEC Classification Order, 62 FR 35974, July 3, 1997, which was released on April 18, 1997, the Commission revised its regulatory treatment of Bell Operating Companies (BOCs) and independent local exchange carriers (LECs) that provide domestic, interstate, interexchange, and international services. The Common Carrier Bureau has released this Order to stay the April 18, 1998 deadline by which independent LECs currently providing in-region, interstate, interexchange services on an integrated basis must comply with the Commission's requirement that they provide these services through a separate affiliate. In the LEC Classification Order, the Commission concluded that independent LECs must provide in-region, interstate, interexchange services through a separate affiliate that satisfies the separation requirements enumerated in the Fifth Report and Order, 49 FR 34824, September 4, 1984. The Commission recognized that independent LECs providing these services on an integrated basis face greater costs of complying with the Fifth Report and Order separation requirements than those already providing such services on a separated basis. Accordingly, the Commission allowed independent LECs providing in- region, interstate, interexchange services on an integrated basis one year from the date of release of the LEC Classification Order (i.e., until April 18, 1998) to comply with the Fifth Report and Order separation requirements (47 CFR 64.1903(c).) Following the release of the LEC Classification Order, a number of petitioners sought reconsideration of a variety of issues, including the decision [[Page 16697]] to apply the Fifth Report and Order separation requirements to independent LECs providing in-region, interstate, interexchange services. These petitions currently are under consideration by the Commission and may not be decided by April 18, 1998, the deadline for compliance with the separate affiliate requirement. We find that it is in the public interest for the Commission to address and resolve, prior to the deadline for compliance, petitioners' claim that this requirement should not be applied to independent LECs, so such LECs need not incur compliance costs while the possibility of changes to this requirement still exists. Accordingly, we find good cause to stay Sec. 64.1903(c) which provides the date by which independent LECs providing in-region, interstate, interexchange services must comply with the Fifth Report and Order separation requirements until 60 days after release of a Commission reconsideration order addressing this issue. Federal Communications Commission. A. Richard Metzger, Jr., Chief, Common Carrier Bureau. [FR Doc. 98-8932 Filed 4-3-98; 8:45 am] BILLING CODE 6712-01-P