97-1389. Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as Amended  

  • [Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
    [Proposed Rules]
    [Pages 2991-2996]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-1389]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Part 53
    
    [CC Docket No. 96-149, FCC 96-489]
    
    
    Implementation of the Non-Accounting Safeguards of Sections 271 
    and 272 of the Communications Act of 1934, as Amended
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On December 24, 1996, the Commission released a First Report 
    and Order which is published elsewhere in this issue. On the same day, 
    the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM) 
    seeking comment on proposed disclosure requirements to implement 
    section 272(e)(1). The intended effect of this FNPRM is to further the 
    Commission's goal of fostering competition in the telecommunications 
    market.
    
    DATES: Comments are due on or before February 19, 1997 and Reply 
    Comments are due on or before March 21, 1997. Written comments by the 
    public on the proposed and/or modified information collections are due 
    February 19, 1997. Written comments must be submitted by the Office of 
    Management and Budget (OMB) on the proposed and/or modified information 
    collections on or before March 24, 1977.
    
    ADDRESSES: Comments and reply comments should be sent to Office of the 
    Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 
    222, Washington, D.C. 20554, with a copy to Janice Myles of the Common 
    Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C. 20554. 
    Parties should also file one copy of any documents filed in this docket 
    with the Commission's copy contractor, International Transcription 
    Services, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. 
    In addition to filing comments with the Secretary, a copy of any 
    comments on the information collections contained herein should be 
    submitted to Dorothy Conway, Federal Communications Commission, Room 
    234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to 
    dconway@fcc.gov, and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 
    725-17th Street, N.W., Washington, DC 20503 or via the Internet to 
    fain__t@al.eop.gov.
    
    FOR FURTHER INFORMATION CONTACT: Radhika Karmarker, Attorney, Common 
    Carrier Bureau, Policy and Program Planning Division, (202) 418-1580. 
    For additional information concerning the information collections 
    contained in this FNPRM contact Dorothy Conway at 202-418-0217, or via 
    the Internet at dconway@fcc.gov.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
    Further Notice of Proposed Rulemaking adopted December 23, 1996 and 
    released December 24, 1996 (FCC 96-489). This FNPRM contains proposed 
    or modified information collections subject to the Paperwork Reduction 
    Act of 1995 (PRA). It has been submitted to the OMB for review under 
    the PRA. OMB, the general public, and other Federal agencies are 
    invited to comment on the proposed or modified information collections 
    contained in this proceeding. The full text of this FNPRM is available 
    for inspection and copying during normal business hours in the FCC 
    Reference Center (Room 239), 1919 M St., NW., Washington, DC. The 
    complete text also may be obtained through the World Wide Web, at 
    http://www.fcc.gov/Bureaus/Common Carrier/Orders/fcc96489.wp, or may be 
    purchased from the Commission's copy contractor, International 
    Transcription Service, Inc., (202) 857-3800, 2100 M St., NW., Suite 
    140, Washington, DC 20037.
        Paperwork Reduction Act: This FNPRM contains either a proposed or 
    modified information collection. The Commission, as part of its 
    continuing effort to reduce paperwork burdens, invites the general 
    public and OMB to comment on the information collections contained in 
    this FNPRM, as required by the Paperwork Reduction Act of 1995, Public 
    Law No. 104-13. Public and agency comments are due at the same time as 
    other comments on this NPRM; OMB notification of action is due March 
    24, 1997. Comments should address: (a) whether the proposed collection 
    of information is necessary for the proper performance of the functions 
    of the Commission, including whether the information shall have 
    practical utility; (b) the accuracy of the Commission's burden 
    estimates; (c) ways to enhance the quality, utility, and clarity of the 
    information collected; and (d) ways to minimize the burden of the 
    collection of information on the respondents, including the use of 
    automated collection techniques or other forms of information 
    technology.
        OMB Approval Number: 3060-0736.
        Title: Implementation of the Non-Accounting Safeguards of Sections 
    271 and 272 of the Communications Act of 1934, as amended.
        Form No.: N/A.
        Type of Review: Revision of a currently approved collection.
    
    [[Page 2992]]
    
    
    
    ------------------------------------------------------------------------
                                                        Estimated    Total  
                                           Number of     time per    annual 
           Information collection         respondents    response    burden 
                                         (approximate)   (hours)    (hours) 
    ------------------------------------------------------------------------
    Service interval disclosure                                             
     (information disclosure                                                
     requirement)......................            5         24        120  
    Annual affidavit...................            5           .5        2.5
    ------------------------------------------------------------------------
    
        Total Annual Burden: 122.5 hours.
        Respondents: Business or other for profit.
        Estimated costs per respondent: $0.
        Needs and Uses: The FNPRM seeks comment on a number of issues, the 
    result of which could lead to the imposition of information 
    collections. The FNPRM seeks comment on certain reporting requirements 
    to implement the non-accounting nondiscrimination requirements of 
    Section 272(e)(1) of the Communications Act.
    
    Synopsis of Further Notice of Proposed Rulemaking
    
    A. Information Disclosure Requirements Under Section 272(e)(1)
    
    1. Background
        Section 272(e)(1) states that BOCs ``shall fulfill any requests 
    from an unaffiliated entity for telephone exchange service and exchange 
    access within a period no longer than the period in which it provides 
    such telephone exchange service and exchange access to itself or to its 
    affiliates.'' In the NPRM, we sought comment on how to implement 
    section 272(e)(1) and specifically inquired whether reporting 
    requirements for service intervals analogous to those imposed by 
    Computer III and ONA would be sufficient. We concluded above, in Part 
    VI.A, that specific public disclosure requirements are necessary to 
    implement section 272(e)(1) effectively. We also noted that the record 
    does not provide sufficient detail for us to determine whether the 
    current ONA disclosure requirements are suitable for assessing 
    compliance with section 272(e)(1), or whether requirements are suitable 
    for assessing compliance with section 272(e)(1), or whether another 
    proposal, such as AT&T's proposed reporting requirements, would be a 
    better approach.
    2. Comments
        AT&T, Teleport, and MCI support the imposition of reporting 
    requirements to implement section 272(e)(1) and argue that the existing 
    ONA installation and maintenance reporting requirements are 
    insufficient. AT&T suggests, for example, that the service interval 
    reporting requirements established in the ONA proceeding measure 
    average response times, and would not provide an adequate mechanism for 
    determining whether a BOC is complying with section 272(e)(1).
        AT&T proposes a reporting scheme that is based on measures it 
    currently uses to monitor the quality of access services provided to it 
    by LECs. AT&T proposes that the BOCs report data in eleven categories, 
    most of which are broken down into subcategories according to the type 
    of access service provided. AT&T's proposal includes relatively 
    specific units of measure for these categories, such as, for example, 
    the percentage of circuits installed within each successive twenty-four 
    hour period, until a ninety-five percent installation level is reached. 
    According to AT&T, LECs currently track information in these categories 
    to monitor the service they provide to AT&T.
        Teleport proposes a reporting format that includes eight service 
    categories for both installation and service performance. MCI proposes 
    categories based on those used in Automated Reporting Management 
    Information Systems (ARMIS), including additional categories for 
    billing disputes and payment intervals. MCI proposes quarterly 
    reporting broken down among the BOC, its affiliate, and all other 
    unaffiliated entities.
        The BOCs oppose AT&T's proposal. Bell Atlantic, for instance, 
    states that some of the categories in AT&T's proposal ask for 
    information beyond the information AT&T currently requests from the 
    BOCs. Bell Atlantic further argues that AT&T improperly proposes that 
    the BOCs report on intermediate checkpoints that do not provide 
    information on the ultimate timeliness of the BOCs' provision of 
    service. Several BOCs argue that the information AT&T seeks is already 
    available in existing ARMIS reports. Ameritech opposes the monthly 
    updates proposed by AT&T, favoring quarterly updates instead. Ameritech 
    opposes reporting that would provide detail below a BOC's total service 
    region. Ameritech favors consolidating AT&T's DS0 subcategories into a 
    single DS0 category. PacTel argues that the disclosure of the absolute 
    number of requests placed by its affiliate would reveal competitively 
    sensitive information, and that disclosure of relative data, such as 
    the percentage of missed appointments and average time intervals, would 
    provide sufficient information to monitor BOC behavior.
        BOCs also oppose Teleport's proposal. PacTel disagrees with 
    Teleport's suggestion that BOCs provide data for each exchange area in 
    their territory. PacTel also indicates that reporting on DS0 as a 
    separate category would unfairly disadvantage the one interexchange 
    carrier that dominates the DS0 market.
        While the BOCs generally oppose reporting requirements, they state 
    that, if the Commission imposes a reporting requirement, the ONA format 
    should be utilized because it is currently in place and is well-
    understood. PacTel provides an example of a modified ONA report that 
    reflects the services provided to interLATA telecommunications 
    providers. Ameritech indicates that it would not oppose a reporting 
    requirement that compares data for BOC affiliates with aggregated data 
    for all unaffiliated carriers.
    3. Discussion
        In order to implement section 272(e)(1) effectively, we concluded 
    that the BOCs must make publicly available the intervals within which 
    they provide service to their affiliates. We concluded that, without 
    this requirement, competitors will not have the information they 
    require to evaluate whether the BOCs are fulfilling their requests for 
    telephone exchange service and exchange access in compliance with 
    section 272(e)(1).
        Method of information disclosure. In requiring the BOCs to disclose 
    information regarding the service intervals within which they provide 
    telephone exchange service and exchange access, we seek to avoid 
    imposing any unnecessary administrative burdens on the BOCs, 
    unaffiliated entities, and the Commission. Consequently, we tentatively 
    conclude that the BOCs need not submit directly to the Commission the 
    data that must be disclosed under section 272(e)(1). Instead, we 
    tentatively conclude that, upon receiving permission to provide 
    interLATA services pursuant to section 271, each BOC must submit a 
    signed affidavit stating: (1) the BOC will maintain the required 
    information in a standardized format; (2) the information will be 
    updated in compliance with our rules; (3) the information will be 
    maintained accurately; and (4) how the public will be able to access 
    the information. We
    
    [[Page 2993]]
    
    tentatively conclude that, if a BOC makes any material change in the 
    manner in which the information covered by the affidavit is made 
    available to the public, it must submit an updated affidavit within 30 
    days of the change. Further, we tentatively conclude that each BOC must 
    submit an annual affidavit each year thereafter, affirming that the BOC 
    has complied with the four requirements set out above during the 
    preceding year. We note that, in order to address potential complaints 
    alleging discrimination pursuant to section 272(e)(1), the BOCs are 
    likely to maintain information regarding the service they provide to 
    their affiliates and to unaffiliated entities, regardless of whether 
    they must disseminate such information publicly or file it with the 
    Commission. Therefore, we tentatively conclude that maintaining this 
    information for public dissemination will not impose a significant 
    additional burden on the BOCs. We seek comment on the foregoing 
    tentative conclusions.
        We tentatively conclude that the BOCs must make such information 
    available to the public in at least one of their business offices 
    during regular business hours, and must include this information in 
    their annual affidavits. We seek comment on this tentative conclusion. 
    We seek comment on whether this information should also be available 
    electronically. For example, we seek comment on whether the BOCs should 
    make this information available on the Internet, or whether the 
    information should be available through another electronic mechanism. 
    We also seek comment on other methods to facilitate the access and use 
    of this information by unaffiliated entities, including small entities.
        Service categories and units of measure. We seek comment on whether 
    the BOCs should maintain the information described below in a 
    standardized format, and seek comment on whether the format in the 
    attachment would be appropriate. Parties favoring an alternative format 
    should submit examples of their proposals.
        We seek comment on whether we should require the BOCs to maintain 
    information in the following service categories: (1) successful 
    completion according to desired due date, measured in a percentage; (2) 
    time from the BOC-promised due date to circuit being placed in service, 
    measured in terms of the percentage installed within each successive 
    twenty-four hour period until ninety-five percent complete; (3) time to 
    firm order confirmation, measured in terms of the percentage received 
    within each successive twenty-four hour period until ninety-five 
    percent complete; (4) time from PIC change requests to implementation, 
    measured in terms of percentage implemented within each successive six 
    hour period until ninety-five percent complete; (5) time to restore and 
    trouble duration, measured in terms of the percentage restored within 
    each successive one hour interval until ninety-five percent of 
    incidents are resolved; (6) time to restore PIC after trouble incident, 
    measured by percentage restored within each successive one hour 
    interval until ninety-five percent restored; and (7) mean time to clear 
    network and the average duration of trouble, measured in hours. We seek 
    comment on whether any additional categories proposed by commenters 
    should be included.
        We have sought comment on whether the BOCs should disclose the 
    interval between the due date promised by the BOC and the time a 
    circuit is actually placed in service, measured in terms of the 
    percentage of circuits installed within each successive twenty-four 
    hour period. We have sought comment on a category that differs from 
    AT&T's proposed category, which would measure a BOC's response time in 
    relation to a customer's desired due date, because we recognize that 
    the BOCs have no control over a customer's requested due date. We have 
    proposed this category because the BOCs have control over the due date 
    they promise at the time an order is placed. Further, the amount of 
    delay in installing a circuit, and not just whether a due date was 
    missed, may be a significant source of difficulty to a customer. 
    Because our service category differs from the service category proposed 
    by AT&T, we seek comment on whether any corresponding changes to the 
    unit of measure are warranted.
        We seek comment on whether we should require the BOCs to disclose 
    the BOC-promised due date itself, i.e., the length of the interval 
    promised by the BOCs to their affiliates at the time an order is 
    placed. Parties favoring such a disclosure should provide a detailed 
    description of the appropriate unit of measure and level of aggregation 
    for these disclosures.
        We seek comment on whether our proposed service categories and 
    units of measure for these categories are more appropriate to implement 
    section 272(e)(1) than the categories currently included in the ONA 
    installation and maintenance reports or than PacTel's proposed 
    modification of ONA installation and maintenance reports. Our proposal 
    addresses the provision of exchange access to interLATA service 
    providers, unlike ONA reports, which address the provision of ONA 
    unbundled elements to enhanced service providers. The units of measure 
    in our proposal are more precise than the ONA intervals. We therefore 
    seek comment on whether these measures will provide a better guide for 
    unaffiliated entities and the Commission to determine whether the BOCs 
    are complying with section 272(e)(1).
        We recognize that our proposal is patterned after arrangements 
    regarding the provision of access between interexchange carriers and 
    LECs. We seek comment on whether these categories will also provide 
    sufficient information to ISPs, and whether our proposal is sufficient 
    to implement the nondiscriminatory provision of telephone exchange 
    service in accordance with section 272(e)(1).
        We do not believe that the requirements proposed here will impose a 
    significant additional administrative burden on the BOCs, particularly 
    because under our existing price cap rules, the BOCs must track service 
    intervals for end-users as part of their service quality reporting 
    requirements. Nevertheless, we seek comment on whether, and to what 
    extent, the industry or state regulators currently collect data using 
    the service categories and units of measure included in our proposal, 
    and the need for the BOCs to modify their current tracking systems to 
    comply with our proposal.
        Several BOCs argue that extensive reporting of their affiliates' 
    requests could cause competitive harm to their affiliates. 
    Specifically, PacTel argues that relative data such as the percentage 
    of missed appointments and average time intervals provide sufficient 
    information to monitor BOC behavior, and that the disclosure of 
    absolute figures for the number of orders placed by an affiliate would 
    reveal competitively sensitive proprietary information. We seek comment 
    on whether our proposal, which uses percentages and averages and does 
    not require disclosure of the absolute number of BOC affiliate 
    requests, adequately protects the competitive interests of BOC 
    affiliates. Any party favoring other levels of aggregation should 
    provide a specific alternative proposal and explain why that 
    alternative proposal is sufficient to implement section 272(e)(1). The 
    party should also explain how its alternative proposal addresses 
    commenters' concerns regarding the inadequacy of ONA installation and 
    maintenance reporting requirements.
        Frequency of Updates and Length of Retention. We seek comment on 
    how
    
    [[Page 2994]]
    
    often the BOCs should be required to update the data that they must 
    maintain. For example, we seek comment on whether the BOCs should 
    update the data quarterly or monthly. Parties should substantiate their 
    positions by comparing the amount of underlying data used to produce 
    ONA reports or other reports that are prepared on a quarterly basis, 
    with the amount of data that will be used to produce the information in 
    our proposal. We also seek comment on how long the BOCs must retain the 
    data that they must maintain.
        Levels of Aggregation. Because section 272(e)(1) states that the 
    BOCs must fulfill requests for unaffiliated entities in the period of 
    time that the BOCs provide service to ``itself or to its affiliates,'' 
    we seek comment on whether the BOCs should aggregate their own requests 
    and the requests of all of their affiliates for each service category, 
    or whether they should maintain data for each affiliate and themselves 
    separately. We seek comment on whether the BOCs should maintain 
    separate data for each state in their service regions. Parties favoring 
    other levels of aggregation, such as by BOC region, or by exchange 
    area, should provide detailed support for their proposals.
        We seek comment on whether the BOCs should provide the information 
    required in service categories four and six, described above, by 
    carrier identification code (CIC). We seek comment on whether the BOCs 
    should provide the information required by service category seven in 
    two subcategories: DS1 Non-Channelized and DS0. We seek comment on 
    whether information in all other service categories should be broken 
    down into three subcategories: DS3, DS1, and DS0. We also seek comment 
    on whether, in the alternative, we should further divide the DS0 
    subcategory into DS0 Voice Grade and DS0 Digital, as suggested by AT&T.
        Consistency with other reporting requirements. We seek comment on 
    the extent of overlap, if any, between the disclosure requirements we 
    propose in this Further NPRM and reporting currently required by state 
    commissions. We also seek comment on whether the information provided 
    under ARMIS form 43-05 provides sufficient information to implement 
    section 272(e)(1), as several BOCs suggest, or whether further 
    disaggregation of the ARMIS service categories is necessary, as MCI 
    suggests. Parties that favor relying on ARMIS data alone, rather than 
    imposing an information disclosure requirement under section 272(e)(1), 
    should explain why ARMIS reports are sufficient, given that ARMIS 
    reports must be filed on an annual basis and that they focus on 
    services provided to the end-user, rather than services provided 
    between carriers. Any parties contending that sufficient information to 
    enforce section 272(e)(1) is available from other sources should 
    explain, in detail, the categories and units of measure included in 
    these alternative sources as compared with our proposal. Finally, we 
    note that much of Teleport's proposal appears directed toward the 
    implementation of local competition by incumbent LECs, and therefore 
    does not address service intervals provided by the BOCs. Teleport has 
    raised many of these same proposals in its petition for reconsideration 
    of the First Interconnection Order 61 FR 45476 (August 29, 1996). We 
    tentatively conclude, therefore, that we should limit the scope of the 
    proposals considered in this docket to requirements necessary to 
    implement the service interval requirements of section 272(e)(1). We 
    seek comment on this tentative conclusion.
    
    B. Procedural Matters
    
    1. Ex Parte Presentations
        This is a non-restricted notice-and-comment rulemaking proceeding. 
    Ex parte presentations are permitted, in accordance with the 
    Commission's rules, provided that they are disclosed as required.
    2. Regulatory Flexibility Analysis
        Section 603 of the Regulatory Flexibility Act, (RFA) as amended, 
    requires an initial regulatory flexibility analysis in notice-and-
    comment rulemaking proceedings, unless we certify that ``the rule will 
    not, if promulgated, have a significant economic impact on a 
    significant number of small entities.'' A ``small entity'' is an entity 
    that is ``independently owned and operated, * * * not dominant in its 
    field of operation,'' and meets any additional criteria established by 
    the Small Business Administration (SBA). SBA regulations define small 
    telecommunications entities in SIC code 4813 (Telephone Companies 
    Except Radio Telephone) as entities with fewer than 1,500 employees. 
    This proceeding pertains to the BOCs which, because they are dominant 
    in their field of operation and have more than 1,500 employees, do not 
    qualify as small entities under the RFA. We now note as well that none 
    of the BOCs is a small entity because each BOC is an affiliate of a 
    Regional Holding Company (RHC), and all of the BOCs or their RHCs have 
    more than 1,500 employees. We therefore certify, pursuant to section 
    605(b) of the RFA, that the rules, if promulgated, will not have a 
    significant economic impact on a substantial number of small entities. 
    The Secretary shall send a copy of this Further NPRM, including this 
    certification and statement, to the Chief Counsel for Advocacy of the 
    Small Business Administration. A copy of this certification will also 
    be published in the Federal Register.
    3. Initial Paperwork Reduction Act of 1995 Analysis
        This Further NPRM contains either a proposed or modified 
    information collection. As part of its continuing effort to reduce 
    paperwork burdens, we invite the general public and the Office of 
    Management and Budget (OMB) to take this opportunity to comment on the 
    information collections contained in this Further NPRM, as required by 
    the Paperwork Reduction Act of 1995, Public Law No. 104-13. Public and 
    agency comments are due at the same time as other comments on this 
    Further NPRM; OMB comments are due 60 days from date of publication of 
    this NPRM in the Federal Register. Comments should address: (a) whether 
    the proposed collection of information is necessary for the proper 
    performance of the functions of the Commission, including whether the 
    information shall have practical utility; (b) the accuracy of the 
    Commission's burden estimates; (c) ways to enhance the quality, 
    utility, and clarity of the information collected; and (d) ways to 
    minimize the burden of the collection of information on the 
    respondents, including the use of automated collection techniques or 
    other forms of information technology.
    4. Comment Filing Procedures
        Pursuant to applicable procedures set forth in Sections 1.415 and 
    1.419 of the Commission's rules, 47 CFR Secs. 1.415, 1.419, interested 
    parties may file comments on or before February 19, 1997, and reply 
    comments on or before March 21, 1997. To file formally in this 
    proceeding, you must file an original and six copies of all comments, 
    reply comments, and supporting comments. If you want each Commissioner 
    to receive a personal copy of your comments, you must file an original 
    and eleven copies. Comments and reply comments should be sent to Office 
    of the Secretary, Federal Communications Commission, 1919 M Street, 
    NW., Room 222, Washington, DC 20554, with a copy to Janice Myles of the 
    Common Carrier Bureau, 1919 M Street, NW., Room 544,
    
    [[Page 2995]]
    
    Washington, DC., 20554. Parties should also file one copy of any 
    documents filed in this docket with the Commission's copy contractor, 
    International Transcription Services, Inc., 2100 M Street, NW., Suite 
    140, Washington, DC 20037. Comments and reply comments will be 
    available for public inspection during regular business hours in the 
    FCC Reference Center, 1919 M Street, N.W., Room 239, Washington, DC 
    20554.
        Comments and reply comments must include a short and concise 
    summary of the substantive arguments raised in the pleading. Comments 
    and reply comments must also comply with Section 1.49 and all other 
    applicable sections of the Commission's Rules. We also direct all 
    interested parties to include the name of the filing party and the date 
    of the filing on each page of their comments and reply comments. All 
    parties are encouraged to utilize a table of contents, regardless of 
    the length of their submission. Parties may not file more than a total 
    of ten (10) pages of ex parte submissions, excluding cover letters. 
    This 10 page limit does not include: (1) written ex parte filings made 
    solely to disclose an oral ex parte contact; (2) written material 
    submitted at the time of an oral presentation to Commission staff that 
    provides a brief outline of the presentation; or (3) written materials 
    filed in response to direct requests from Commission staff. Ex parte 
    filings in excess of this limit will not be considered as part of the 
    record in this proceeding.
        Parties are also asked to submit comments and reply comments on 
    diskette. Such diskette submissions would be in addition to and not a 
    substitute for the formal filing requirements addressed above. Parties 
    submitting diskettes should submit them to Janice Myles of the Common 
    Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C., 20554. 
    Such a submission should be on a 3.5 inch diskette formatted in an IBM 
    compatible form using MS DOS 5.0 and WordPerfect 5.1 software. The 
    diskette should be submitted in ``read only'' mode. The diskette should 
    be clearly labelled with the party's name, proceeding, type of pleading 
    (comment or reply comments) and date of submission. The diskette should 
    be accompanied by a cover letter.
        Written comments by the public on the proposed and/or modified 
    information collections are due February 19, 1997, and reply comments 
    must be submitted not later than March 21, 1997. Written comments must 
    be submitted by the OMB on the proposed and/or modified information 
    collections on or before 60 days after date of publication in the 
    Federal Register. In addition to filing comments with the Secretary, a 
    copy of any comments on the information collections contained herein 
    should be submitted to Dorothy Conway, Federal Communications 
    Commission, Room 234, 1919 M Street, N.W., Washington, D.C., 20554, or 
    via the Internet to dconway@fcc.gov and to Timothy Fain, OMB Desk 
    Officer, 10236 NEOB, 725--17th Street, N.W., Washington, D.C., 20503 or 
    via the Internet to fain__t@al.eop.gov.
    
    C. Ordering Clauses
    
        It is further ordered that pursuant to sections 1, 2, 4, 201-205, 
    215, 218, 220, 271, 272, and 303(r) of the Communications Act of 1934, 
    as amended, 47 U.S.C. Secs. 151, 152, 154, 201-205, 215, 218, 220, 271, 
    272, and 303(r) the further notice of proposed rulemaking is adopted. 
    The collections of information contained within are contingent upon 
    approval by the Office of Management and Budget.
        It is further ordered that the Secretary shall send a copy of this 
    further notice of proposed rulemaking, including the regulatory 
    flexibility certification, to the Chief Counsel for Advocacy of the 
    Small Business Administration, in accordance with paragraph 603(a) of 
    the Regulatory Flexibility Act, 5 U.S.C. Secs. 601 et seq.
    
    List of Subjects in 47 CFR Part 53
    
        Bell Operating Companies, Communications common carriers, InterLATA 
    services, Separate affiliate safeguards, Telephone.
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    
                      Attachment.--Format for Information Disclosures Pursuant to Section 272(e)(1)                 
    ----------------------------------------------------------------------------------------------------------------
              Service category                       Types of access             Outcome for BOC and BOC affiliates 
    ----------------------------------------------------------------------------------------------------------------
    (1) Successful Completion According   DS3 and above.                        ....................................
     to Desired Due Date (measured in a   DS1.                                                                      
     percentage).                         DS0.                                                                      
    (2) Time from BOC Promised Due Date   DS3 and above.                        ....................................
     to Circuit being placed in service   DS1.                                                                      
     (measured in terms of percentage     DS0.                                                                      
     installed within each successive 24                                                                            
     hour period, until 95% installation                                                                            
     completed).                                                                                                    
    (3) Time to Firm Order Confirmation   DS3 and above.                        ....................................
     (measured in terms of percentage     DS1.                                                                      
     received within each successive 24   DS0.                                                                      
     hour period, until 95% completed).                                                                             
    (4) Time from PIC Change request to   By CIC (10XXX).                       ....................................
     implementation (measured in terms                                                                              
     of percentage implemented within                                                                               
     each successive 6 hour period,                                                                                 
     until 95% completed).                                                                                          
    (5) Time to Restore and trouble       DS3 and above.                        ....................................
     duration (percentage restored        DS1.                                                                      
     within each successive 1 hour        DS0.                                                                      
     interval, until resolution of 95%                                                                              
     of incidents).                                                                                                 
    (6) Time to restore PIC after         By CIC (10XXX).                       ....................................
     trouble incident (measured by                                                                                  
     percentage restored within each                                                                                
     successive 1 hour interval, until                                                                              
     resolution of 95% restored).                                                                                   
    (7) Mean time to clear network /      DS1 Non-Channelized.                                                      
     average duration of trouble          DS0.                                                                      
     (measured in hours).                                                                                           
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 2996]]
    
    [FR Doc. 97-1389 Filed 1-17-97; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Published:
01/21/1997
Department:
Federal Communications Commission
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-1389
Dates:
Comments are due on or before February 19, 1997 and Reply Comments are due on or before March 21, 1997. Written comments by the public on the proposed and/or modified information collections are due February 19, 1997. Written comments must be submitted by the Office of Management and Budget (OMB) on the proposed and/or modified information collections on or before March 24, 1977.
Pages:
2991-2996 (6 pages)
Docket Numbers:
CC Docket No. 96-149, FCC 96-489
PDF File:
97-1389.pdf
CFR: (1)
47 CFR 53