[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Proposed Rules]
[Pages 50266-50267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24474]
[[Page 50266]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 32, 43 and 64
[CC Docket No. 96-193; FCC 96-370]
Implementation of the Telecommunications Act of 1996: Reform of
Filing Requirements and Carrier Classifications
AGENCY: Federal Communications Commission.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: On September 3, 1996, the Commission adopted a Notice of
Proposed Rulemaking (NPRM) seeking comment on regulatory proposals
affecting carrier classifications and reporting requirements. The
intended effect of this proceeding is to establish regulatory reform
which is consistent with the goals of the Telecommunications Act of
1996. In particular, we initiate a rulemaking to consider whether we
should modify or eliminate the 60-day advance notice requirement for
revisions to cost allocation manuals when a LEC enters a new business
venture or makes changes to an existing business venture; which
inflation measure we should incorporate into our rules pertaining to
carrier classifications and reporting requirements; and whether to
modify the filing requirements for ARMIS reports and the reports
required to be filed in interstate exchange carriers and AT&T.
DATES: Comments on the proposed rulemaking must be submitted on or
before October 15, 1996. Reply comments are due on or before November
5, 1996. Written comments by the public on the proposed and/or modified
information collections are due on or before October 15, 1996. Written
comments must be submitted by the Office of Management and Budget (OMB)
on the proposed and/or modified information collections on or before
November 25, 1996.
ADDRESSES: Federal Communications Commission, 1919 M St., NW.,
Washington, DC 20554. 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, NW., 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: Valerie Yates, Accounting and Audits
Division, Common Carrier Bureau at 202-418-0850. For additional
information concerning the information collections contained in this
NPRM 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 Notice
of Proposed Rulemaking adopted September 3, 1996 and released September
12, 1996. The full text of this Commission decision is available for
inspection and copying during normal business hours in the FCC Public
Reference Room (Room 230), 1919 M St., NW., Washington, DC. The
complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcript Service (202)
857-3800, 1919 M St., NW., Suite 246, Washington, DC 20554.
Paperwork Reduction Act
This NPRM contains proposed or modified information collections
subject to the Paperwork Reduction Act of 1995 (PRA). It has been
submitted to the Office of Management and Budget (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. Public and agency comments are due at the
same time as other comments on this NPRM; OMB notification of action is
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.
OMB Approval Number: 3060-0470.
Title: Computer III Remand Proceeding: Bell Operating Company
Safeguards, and Tier 1 Local Exchange Company Safeguards.
Form No.: N/A.
Type of Review: Revision of Existing Collection.
Number of Respondents: 18.
Estimated Time Per Response: 300 hours.
Total Annual Burden: 10,800.
Estimated costs per respondent: $0.
Needs and Uses: In the attached NPRM the FCC seeks comment on
whether or not it should continue to require carriers to file CAM
changes relating to the cost apportionment table or changes in time
reporting procedures 60 days before implementation. This requirement
could cause carriers to file CAM changes more frequently than annually.
In addition, the FCC seeks comment on the appropriate index to use to
adjust the classification and reporting thresholds for inflation.
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.'' This proceeding concerns the method for making inflation
adjustments to the annual revenue threshold that determines which
carriers must file ARMIS reports and cost allocation manuals. In
addition, the NPRM seeks comment on whether the Commission should
retain the 60-day notice requirement for revisions to cost allocation
manuals when a LEC enters into a new business venture or makes changes
to an existing business venture. Finally, the NPRM proposes several
changes to the filing requirements for ARMIS reports, and the reports
required to be filed by interstate exchange carriers (IXCs) under
Section 43.22(b) and AT&T under Section 43.21(b) of our rules. We do
not believe the rules proposed in the NPRM portion of this proceeding
will have a significant economic impact on a significant number of
small entities because the businesses affected by our proposed rules
are not small entities within the meaning of the RFA and also because
our proposals will not have a significant economic impact on these
businesses.
2. The RFA defines the term ``small entity'' as having the same
meaning as ``small business concern'' under the Small Business Act
(SBA), which defines small business concern as ``one which is
independently owned and operated and which is not dominant in its field
of operation * * *'' Section 121.201 of the Small Business
Administration regulations defines small telecommunications entities in
SIC Code 4813 (Telephone Communications, Except Radiotelephone) as any
entity with fewer than 1,500 employees at the holding company level.
[[Page 50267]]
3. Our proposed rules concerning the filing requirements for cost
allocation manuals and for adjusting for inflation references to
carrier revenues apply to the Bell Operating Companies and other
incumbent LECs, which, because they are dominant in their field of
operations, are by definition not small entities under the RFA. These
proposed rules would also affect filing requirements for new LECs
entering the local exchange market under the competitive provisions of
the 1996 Act to the extent that such carriers' revenues exceed the
annual indexed revenue threshold of $100 million in operating revenue
as adjusted upward by the rules adopted and proposed herein. While
these companies may have fewer than 1,500 employees and thus fall
within the SBA's definition of small telecommunications entity, we do
not believe that such entities should be considered small entities
within the meaning of the RFA.
4. Similarly, our proposal to change the IXC report required by
Section 43.22(b) of the Commission's rules affects only designated IXCs
with annual operating revenues above $100 million dollars. In addition,
we propose to eliminate the report required by Section 43.21(b) of our
rules that presently is filed only by AT&T. While IXCs may have fewer
than 1,500 employees and thus fall within the SBA's definition of small
telecommunications entity, we do not believe that such entities should
be considered small entities within the meaning of the RFA.
5. Moreover, none of the proposed requirements contained in our
NPRM will have a significant economic impact on the LECs or IXCs who
are required to file these reports or manuals. The number of filings
required would be reduced by our proposed rules, and raising revenue
thresholds may allow certain carriers to avoid filing the reports or
manuals. This should have a beneficial impact on carriers affected by
the proposed rules.
6. We therefore certify, pursuant to Section 605(b) of the RFA,
that the rules will not, if promulgated, have a significant economic
impact on a substantial number of small entities. We seek comment on
this tentative conclusion. The Secretary shall send a copy of this
Notice, 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.
Ordering Clauses
Accordingly, it is ordered that, pursuant to Sections 402(b)(2)(B)
and 402(c) of the Telecommunications Act of 1996, Public Law No. 104-
104, sec. 402(b)(2)(B) and 402(c), and Sections 1, 4, 201-205, 215,
218, 220 of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 151(a), 154, 201-205, 215, 218 and 220, and Section 553(b)(B) of
the Administrative Procedure Act, 5 U.S.C. Sec. 553(b)(B), notice is
hereby given of proposed amendments to Parts 32, 43 and 64 in
accordance with the proposals, discussions, and statement of issues in
this Notice of Proposed Rulemaking and that comment is sought regarding
such proposals, discussion and statement of issues.
Accordingly, it is ordered that a rulemaking proceeding is
instituted to determine whether proposals made herein concerning
regulatory reform for carrier classifications and filing requirements
would be in the public interest.
List of Subjects in 47 CFR Parts 32, 43 and 64
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
[FR Doc. 96-24474 Filed 9-24-96; 8:45 am]
BILLING CODE 6712-01-P
