> DA 05-24
>
> Released: January 5, 2005

**Commission Staff Releases Reports on 2004 Biennial Review**

**of Telecommunications Regulations**

Pursuant to Section 11 of the Communications Act, as amended, 47 U.S.C.
§ 161, the staff of the Federal Communications Commission released the
2004 Biennial Review Reports today.[^1] Section 11 requires the
Commission to: (1) review biennially its regulations "that apply to the
operations or activities of any provider of telecommunications service,"
and (2) "determine whether any such regulation is no longer necessary in
the public interest as the result of meaningful economic competition
between the providers of such services." The Commission is directed to
repeal or modify any such regulations that it finds are no longer
necessary in the public interest.[^2]

The process of reviewing the Commission's rules subject to Section 11 is
constantly ongoing. As the Staff Reports indicate, the number of rules
subject to this review is substantial. Thus, to fulfill the requirements
of Section 11, the staff independently considers whether the relevant
regulations are no longer necessary in the public interest as the result
of meaningful economic competition. To supplement this effort, the
Commission issued a Public Notice in July 2004 inviting suggestions from
the public as to what rules should be modified or repealed as part of
the 2004 Biennial Review.[^3]

Although a few parties filed comments in response to the Public Notice,
they did not present issues that required resolution by the Commission.
Accordingly, the Staff Reports, issued contemporaneously herewith,
analyze the rules subject to the requirements of Section 11 of the
Act[^4] and fulfill the Commission's statutory responsibility to
identify current rules that should be modified or repealed. The
Commission will take further action to effectuate the recommendations of
the Staff Reports as appropriate.[^5]

For further information regarding this proceeding, please contact:

[Consumer & Governmental Affairs Bureau]{.underline}:

Jeffrey Tignor, (202) 418-0774, <Jeffrey.Tignor@fcc.gov>

[Enforcement Bureau]{.underline}:

Suzanne Tetreault, (202) 418-7450, <Suzanne.Tetreault@fcc.gov>

[International Bureau]{.underline}:

David Krech, (202) 418-7443, <David.Krech@fcc.gov>

[Office of Engineering & Technology]{.underline}:

Karen Rackley, (202) 418-2431, <Karen.Rackley@fcc.gov>

[Wireline Competition Bureau]{.underline}:

Robert Tanner, (202) 418-1535, <Robert.Tanner@fcc.gov>

[Wireless Telecommunications Bureau]{.underline}:

Harry Wingo, (202) 418 -1783, <Harry.Wingo@fcc.gov>

[^1]: *See* *Federal Communications 2004 Biennial Regulatory Review*:
    *Consumer & Governmental Affairs Bureau Staff Report*, CG Docket No.
    04-175, *Enforcement Bureau Staff Report*, EB Docket No. 04-176,
    *International Bureau*, IB Docket No. 04-177, *Office of Engineering
    and Technology*, ET Docket No. 04-178, *Wireline Competition
    Bureau*, WC Docket No. 04-179, and *Wireless Telecommunications
    Bureau*, WT Docket No. 04-180.

[^2]: *See generally* *Cellco Partnership v. F.C.C.*, 357 F.3d 88 (D.C.
    Cir. 2004).

[^3]: *Commission Seeks Public Comment In the 2004 Biennial Review of
    Telecommunications Regulations*, *Public Notice*, 19 FCC Rcd 9090
    (2004).

[^4]: All decisions not expressly required to be made at the Commission
    level may be made by staff under 47 U.S.C. § 155(c) (1), subject to
    the filing of applications for Commission review. *See* 47 U.S.C. §
    155(c) (4) and 47 C.F.R. § 1.115. *See also 2002 Biennial Regulatory
    Review*, Report, 18 FCC Rcd 4726, 4726-27 & n.4 (2003) (describing
    process under which Biennial Review recommendations are issued under
    delegated authority).

[^5]: As noted, persons disagreeing with any of the Staff Report
    recommendations may file an application for review under section
    1.115 of the Commission's rules. 47 C.F.R. § 1.115.