96-19240. Bell Operating Company Provision of Out-of-Region Interstate, Interexchange Services

[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39359-39360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19240]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 96-21, FCC 96-313]


Bell Operating Company Provision of Out-of-Region Interstate, 
Interexchange Services

AGENCY: Federal Communications Commission.

ACTION: Final Rule; change of effective date.

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SUMMARY: In this Order on Reconsideration, the Commission advances the 
effective date of its recently released Report and Order concerning 
Bell operating company provision of domestic, out-of-region, 
interstate, interexchange services. In the Matter of Out-of-Region 
Interstate, Interexchange Services, CC Docket No. 96-21, FCC 96-288 
(rel. July 1, 1996) (Interim BOC Out-of-Region Order). The effective 
date as specified in that Interim BOC Out-of-Region Order was thirty 
days after its publication in the Federal Register, which is August 8, 
1996. To further facilitate the efficient and rapid provision of such 
services by the BOC as contemplated by the Telecommunications Act of 
1996, the Order on Reconsideration advances the

[[Page 39360]]

effective date of the Interim BOC Out-of-Region Order to July 29, 1996.

EFFECTIVE DATE: The interim rule published on July 9, 1996 at 61 FR 
35964 will be effective July 29, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Pryor [phone] or 
Melissa Waksman [phone], Common Carrier Bureau, Policy and 
Program Planning Division.

SUPPLEMENTARY INFORMATION:
    1. On our own motion, pursuant to Section 1.108 of our rules, 47 
CFR Sec. 1.108, we reconsider the effective date of the Interim BOC 
Out-of-Region Order, 61 FR 35964, July 9, 1996. In that decision, we 
established interim rules governing Bell Operating company (BOC) 
provision of domestic, interstate, interexchange services originating 
outside of their in-region states. We sought to facilitate the 
efficient and rapid provision of such services by the BOCs, as 
contemplated by the Telecommunications Act of 1996, (1996 Act), Public 
Law No. 104-104, 110 Stat. 56 (1996) codified at 47 U.S.C. Secs. 151 et 
seq. The Interim BOC Out-of-Region Order removes dominant carrier 
regulation for BOCs that provide such services through an affiliate in 
compliance with certain safeguards. The requirements established in the 
Order are interim measures that remain in place until we complete our 
more comprehensive review of the rules that are applicable to both 
independent local exchange carriers and BOCs in the provision of out-
of-region, interstate, interexchange services.
    2. We originally established an effective date for the Interim BOC 
Out-of-Region Order of thirty days following publication in the Federal 
Register. That Order was published in the Federal Register on July 9, 
1996, and the scheduled effective date of the Order is August 8, 1996. 
Under 5 U.S.C. Sec. 553(d)(1), however, a substantive rule which 
relieves a restriction may become effective prior to thirty days 
following Federal Register publication. Because the Interim BOC Out-of-
Region Order lifts dominant carrier regulation for the out-of-region 
services of BOC affiliates complying with certain minimum safeguards, 
we find that the Order falls within the exception to the 30-day rule 
set forth in 5 U.S.C. Sec. 553(d)(1). Accelerating the effective date 
of that Order will further the goals of the 1996 Act, which provided 
that upon enactment the BOCs could provide out-of-region, interstate, 
interexchange services. We find that the effective date of the Interim 
BOC Out-of-Region Order shall be the date of the publication of this 
Order on Reconsideration in the Federal Register.
    3. Accordingly, It is ordered that, pursuant to Sections 4(i), 
4(j), 303 and 405 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 154(i), 154(j), 303 and 405, and section 1.108 of the 
Commission's rules, 47 CFR Sec. 1.108, the ORDER ON RECONSIDERATION is 
hereby ADOPTED and shall become effective on the date of publication in 
the Federal Register. It is further ordered that the effective date of 
the Interim BOC Out-of-Region Order, FCC 96-288 (rel. July 1, 1996), 61 
FR 35964 (July 9, 1996), shall be July 29, 1996.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-19240 Filed 7-26-96; 8:45 am]
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