[Federal Register Volume 64, Number 122 (Friday, June 25, 1999)]
[Proposed Rules]
[Pages 34499-34501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16224]
Federal Register / Vol. 64, No. 122 / Friday, June 25, 1999 /
Proposed Rules
[[Page 34499]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket 98-170; FCC 99-72]
Truth-in-Billing and Billing Format
AGENCY: Federal Communications Commission
ACTION: Proposed rule.
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SUMMARY: This document seeks comment on whether several of its truth-
in-billing requirements should apply to wireless carriers, and what
uniform labels should be used to identify line-item charges resulting
from federal regulatory action. This document derives from our order
adopting truth-in-billing requirements, released jointly, establishing
common-sense billing principles to ensure that consumers are provided
with basic information they need to make informed choices among
telecommunications services and providers.
DATES: Written comments by the public concerning the standardized
labels for charges relating to federal regulatory action are due on or
before July 9, 1999. Written comments by the public concerning the
application of the truth-in-billing principles and guidelines to CMRS
carriers are due on or before July 26, 1999. Reply comments concerning
the standardized labels for charges relating to federal regulatory
action are due July 16, 1999. Reply comments concerning the application
of the truth-in-billing principles and guidelines to CMRS carriers are
due on or before August 9, 1999. Written comments by the public on the
proposed information collections are due July 26, 1999. Written
comments must be submitted by the Office of Management and Budget (OMB)
on the proposed information collections on or before August 24, 1999.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
445 Twelfth Street, S.W., Washington, D.C. 20554, with a copy to David
Konuch, Federal Communications Commission, Common Carrier Bureau,
Enforcement Division, Formal Complaints and Investigations Branch, 445
Twelfth Street, S.W., 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., 445
Twelfth Street, S.W., Room CY-B400, Washington, D.C. 20554. Comments on
the information collections contained herein should be submitted to
Judy Boley, Federal Communications Commission, Room 1-C804, 445 12th
Street, SW, Washington, DC 20554, or via the Internet to
jboley@fcc.gov, and to Timothy Fain, OMB Desk Officer, 10236 NEOB,
725--17th Street, N.W., Washington, DC 20503 or via the Internet to
tfain@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: David Konuch, Enforcement Division,
Common Carrier Bureau. (202) 418-0960. For additional information
concerning the information collections contained in this Further Notice
of Proposed Rules contact Judy Boley at 202-418-0214, or via the
Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rules in CC Docket No. 98-170, adopted on
April 15, 1999 and released on May 11, 1999. The full text of the
Further Notice of Proposed Rules, including the Commissioners'
statements, is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 Twelfth Street, S.W.,
Room CY-257, Washington, D.C. The complete text of this decision may
also be purchased from the Commission's duplicating contractor,
International Transcription services, Inc., 445 Twelfth Street, S.W.,
Room CY-B400, Washington, D.C. 20554.
Paperwork Reduction Act
1. This Further Notice of Proposed Rules contains a proposed
information collection. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collections contained in this Further Notice of Proposed Rules, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due at the same time as other comments
on this Further Notice of Proposed Rules; OMB notification of action is
due 60 days from date of publication of this Further Notice of Proposed
Rules 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.
OMB Approval Number: None
Title: Standard labels for Charges Associated with Federal
Regulatory Requirements/CMRS Carriers' Truth-in-Billing Requirements.
Form No.: N/A.
Type of Review: New collection.
Respondents: Business or other for-profit.
Number of Respondents: 3,099.
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Number of Hours per Total annual
Collection respondents response burden
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Standard Labels for Charges Associated with Federal Regulatory 3099 .5 1549.5
Requirements.................................................
CMRS Truth-in Billing Requirements............................ 804 81 65,124
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Total Annual Burden: 66,673.5.
Estimated costs per respondent: $0.
Needs and Uses: This information collection reflects two discrete
aspects. First, the collection includes third party disclosure
requirements associated with the Commission's requirement that
telephone bills use standard industry-wide labels to describe any line-
item charges associated with federal regulatory action. Uniform
labelling will ensure that consumers are able to understand the nature
of the charges and enable them to compare accurately the price of
telecommunications services offered by competing carriers. The
estimated time per response associated with standard labels is .5
hours.
This collection also reflects third party disclosure requirements
that may be imposed on CMRS carriers if the Commission decides to end
these carriers' exemption from certain Truth-in-Billing rules. The
estimated time per response associated with the information collection
requirements that might be extended to CMRS carriers is 81 hours.
Initial Regulatory Flexibility Analysis
As required by the RFA, the Commission has prepared this present
[[Page 34500]]
IRFA of the possible, significant, economic impact on small entities of
the policies and rules proposed in this Further Notice of Proposed
Rules. Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the Further Notice of Proposed Rules provided
below in section IV(E). The Commission will send a copy of this Further
Notice of Proposed Rules, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. In addition, the Further
Notice of Proposed Rules and IRFA (or summaries thereof) will be
published in the Federal Register.
2. Need for, and Objectives of, the Proposed Rules. This Further
Notice of Proposed Rules seeks comment on a specific proposed rule
concerning labelling of charges relating to federal regulatory action.
In addition, the Further Notice of Proposed Rules seeks comment on
whether certain of our truth-in-billing requirements should be
applicable to CMRS carriers. The proposals made in this Further Notice
of Proposed Rules are necessary to ensure that consumers receive clear
and accurate telecommunications bills.
3. Legal Basis. The proposed action is authorized under sections
4(i) and 4(j), 201, 208, 254 and 303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201, 208, 254, and
303(r).
4. Description and Estimate of the Number of Small Entities to
Which the Proposed Rules Will Apply. For purposes of this Further
Notice of Proposed Rules, the Regulatory Flexibility Act defines a
``small business'' to be the same as a ``small business concern'' under
the Small Business Act (SBA), 15 U.S.C. 632, unless the Commission has
developed one or more definitions that are appropriate to its
activities. Under the SBA, ``small business concern'' is one that: (1)
is independently owned and operated; (2) is not dominant in its field
of operation; and (3) meets any additional criteria established by the
SBA. In the FRFA pertaining to this action, we described in detail the
small entities potentially subject to the rules adopted in this Order.
These same entities possibly would be affected by the proposal made in
this Further Notice of Proposed Rules. For purposes of this IRFA,
therefore, we incorporate the list of potentially affected entities
contained in section IV(A)(3).
5. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. We seek comment on a proposal designed to
increase the accuracy and understandability of telephone bills to
consumers. Comment is requested on a proposal to require uniform labels
on line-item charges resulting from federal regulatory action.
6. Federal Rules that may Duplicate, Overlap, or Conflict with the
Proposed Rule. None.
7. Any significant alternatives minimizing impact on small entities
and are consistent with stated objectives. None.
Summary of Further Notice of Proposed Rules
I. Application of Rules to CMRS Carriers
8. As we indicated in the Order, we seek comment on whether the
remaining truth-in-billing rules we adopt in the wireline context
should apply to CMRS carriers. More specifically, we seek comment on
whether such rules should be imposed on CMRS carriers in order to
protect consumers. As we stated in the Order, we believe that all
consumers expect and should receive bills that are fair, clear, and
truthful. However, absent evidence that there is a problem with
wireless bills, it might not be necessary to apply the remaining rules
in the CMRS context. Commenters may wish to address the applicability
of a section 10 forbearance analysis. Those commenters who wish to
apply such an analysis should address the specific elements of the
standard set forth in section 10. We also seek comment on the extent to
which the presence of a competitive market is relevant to consumers'
ability to protect themselves from the harms we address here.
9. We also note growing evidence that some consumers are
substituting wireless for wireline service. To what extent does this
phenomenon affect our application of our guidelines to wireless
providers? We also seek comment more generally on the benefit that
consumers would derive from application of certain of the guidelines
relative to the burden that such application would impose on CMRS
carriers. First, as we indicated in the Order, all consumers are
entitled to fair, clear, and reasonable practices. We seek comment on
how to implement this principle in the CMRS context. For instance, we
seek comment on the current billing practices of CMRS providers,
including the types and descriptions of charges CMRS providers include
in their bills.
10. Second, we seek comment on whether identifying new service
providers and ``deniable'' charges makes sense in the wireless context.
For example, because CMRS carriers are excluded from equal access
obligations, it appears that CMRS carriers will rarely if ever be
required to indicate a new long distance service provider on the bill.
Similarly, CMRS carriers indicate in their comments that, unlike the
practice in connection with billing for wireline carriers that can give
rise to cramming, CMRS carriers do not at this time include charges for
services rendered by third party entities. We seek comment on these
assertions. Do CMRS providers bill for any other service providers? If
so, for what types of services and how pervasive are these billing
practices? Likewise, CMRS carriers, as non-LECs, that do their own
billing do not have to distinguish between ``deniable'' and
``nondeniable'' charges because non payment of charges on a CMRS bill
would not result in termination of basic local wireline service.
Therefore, our guideline to identify ``deniable'' charges may have no
relevance, and add no benefit, to consumers' CMRS bills.
II. Standard Labels for Line-Item Charges
11. As discussed in section II(C)(2)(c), we adopt the guideline
that carriers must use standardized labels to refer to certain charges
relating to federal regulatory action. We seek comment, however, on the
specific labels that carriers should adopt. We tentatively conclude
that the following labels would be appropriate: ``Long Distance
Access'' to identify charges related to interexchange carriers'' costs
for access to the networks of local exchange carriers; ``Federal
Universal Service'' to describe line items seeking to recover from
customers carriers' universal service contributions; and ``Number
Portability'' to describe charges relating to local number portability.
We tentatively conclude that such labels will adequately identify the
charges and provide consumers with a basis for comparison among
carriers, while at the same time be sufficiently succinct such that
most carriers will be able to use them without requiring that they
modify the field lengths of their current billing systems. We seek
comment on these tentative conclusions. In addition, we seek comment on
alternative labels, or appropriate abbreviations for the labeling of
these charges. For example, the Florida Commission suggests the terms
``Federal Long Distance Access Fee,'' ``FCC Long Distance Access Fee,''
or ``Interstate Long Distance Access Fee'' to identify access charges,
and ``Federal Universal Service Fee,'' ``FCC Universal Service Fee,''
or ``Interstate Universal Service Fee'' for universal service related
charges. Commenters
[[Page 34501]]
should explain the merit and basis for their proposed labels,
including, for example whether their proposals were chosen or evaluated
by consumer focus groups. Indeed, we believe that consumer groups, with
input from industry, can contribute greatly to our consideration of the
appropriate labels. Finally, we seek comment on how carriers should
identify line items that combine two or all of these charges into a
single charge. We encourage parties to attempt to reach consensus on
the appropriate labels.
III. Procedural Matters
12. Interested parties may file comments concerning the
standardized labels for charges relating to federal regulatory action
no later than 14 days after publication of this Further Notice of
Proposed Rules in the Federal Register. Parties shall file comments
concerning application of the truth-in-billing principles and
guidelines to CMRS carriers no later than 30 days after publication of
the Further Notice of Proposed Rules in the Federal Register. Parties
may file reply comments no later than 21 days after publication of the
Further Notice of Proposed Rules in the Federal Register concerning
charges relating to federal regulatory action, and no later than 45
days after Federal Register publication concerning the CMRS issues
raised in the Further Notice of Proposed Rules. Comments will be
limited to 15 pages, not including appendices. Comments may be filed
using the Commission's Electronic Comment Filing System (ECFS) or by
filing paper copies. See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24,121 (1998).
13. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, 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 mcontee@fcc.gov. The First Report and Order and Further
Notice of Proposed Rules can be downloaded in WP or ASCII text at:
http//www.fcc.gov/dtf/.
IV. Ordering Clauses
18. Accordingly, It is ordered, pursuant to sections 1, 4(i) and
(j), 201-209, 254, and 403 of the Communications Act, as amended, 47
U.S.C. Secs. 151, 154(i), 154(j), 201-209, 254, and 403, that this
Further Notice of Proposed Rules Is hereby adopted and comments Are
requested as described above.
19. It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, Shall send a copy of this
Further Notice of Proposed Rules, including the Initial Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 64
Communications common carriers, Consumer protection,
Telecommunications.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-16224 Filed 6-24-99; 8:45 am]
BILLING CODE 6712-01-P
