PUBLIC NOTICE![](media/image1.png){width="0.95in"
height="0.9055555555555556in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 99-2985**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

COMMON CARRIER BUREAU SEEKS COMMENT ON REQUESTS

TO REDEFINE \"VOICE GRADE ACCESS\" FOR PURPOSES

OF FEDERAL UNIVERSAL SERVICE SUPPORT

**PLEADING CYCLE ESTABLISHED**

#  CC Docket No. 96-45

**Release Date: December 22, 1999**

**Comment Date: January 19, 2000**

**Reply Comment Date: February 4, 2000**

In this Public Notice (*Notice*), we seek comment on requests made by
certain state commissions and the Rural Utilities Service (RUS)[^1]
asking the Commission to redefine \"voice grade access\" in section
54.101 of the Commission\'s universal service rules.[^2] The Commission
requires that, in order to be eligible for universal service support, a
carrier must offer, among other things, voice grade access to the public
switched network. As originally adopted, section 54.101 specified that
voice grade access should occur in a frequency range between
approximately 500 Hertz (Hz) to 4,000 Hz.[^3] In the *Fourth
Reconsideration Order*, the Commission determined that this technical
requirement exceeded the frequency ranges generally provided under
current industry practices and guidelines.[^4] Based on its concern that
this requirement would have had the unintended effect of making many
carriers ineligible to receive universal service support under the
Commission\'s rules, the Commission revised the bandwidth requirement
for voice grade access to a minimum frequency range of 300 Hz to 3,000
Hz.

RUS and the state commissions have asked the Commission to reconsider
the revised voice grade access requirement and specify a wider
bandwidth. Specifically, they propose a minimum frequency range of 200
Hz or 300 Hz to 3,400 Hz or 3,500 Hz.[^5] They do not suggest that the
300 Hz to 3,000 Hz frequency range specified in the Commission\'s rules
is insufficient to ensure appropriate quality of voice transmission over
the public switched telephone network. Rather, they are concerned that
the Commission\'s current voice grade access bandwidth requirement does
not ensure that rural consumers using 28.8 kilobits per second (kbps)
modems to access the Internet and other information services can achieve
data transmission speeds reasonably comparable to those achieved by
non-rural consumers using 28.8 kbps modems.[^6]

We seek comment on these requests to redefine the Commission's voice
grade access requirement. We seek comment, in particular, on the
technical issues involved in modifying that requirement. Although
bandwidth affects the speed at which modems operate, modem performance
is a function of several factors, only one of which is bandwidth. In
that regard, we invite commenters to identify factors other than
bandwidth that affect modem performance in rural and non-rural areas.

We also request that commenters provide detailed and technical
information with respect to how any such change would affect carriers'
eligibility to receive universal service support. We seek comment on how
to ensure that consumers and carriers in rural areas are not adversely
affected if the Commission modifies the voice grade bandwidth
requirement and if, as a result, certain rural carriers become
ineligible to receive universal service support. Commenters should also
explain how an expanded definition of voice grade access for purposes of
universal service support would affect the new high-cost universal
service mechanism that will be implemented for non-rural carriers on
January 1, 2000.[^7] We ask commenters to discuss the need for and
implications of "hold harmless" provisions under such circumstances.

Finally, we seek comment on the financial impact that expanding the
Commission\'s definition of voice grade access to support faster
voiceband data transmission would have on individual carriers.
Commenters should address whether an increase in the bandwidth required
for voice grade access may have the unintended effect of encouraging
substantial investment in the public switched telephone network to
enhance analog modem performance to the possible detriment of investment
in high speed, switched broadband networks. We ask commenters to
identify other technical parameters that the Commission might adopt, in
addition to possible changes to the voice grade access requirements, to
improve rural consumers\' access to the Internet and other information
services. Commenters are encouraged to provide detailed comment on these
as well as any additional issues raised by the petitions and proposals
to modify the Commission's current voice grade access bandwidth
requirement.

Pursuant to sections 1.415 and 1.419 of the Commission\'s rules, 47
C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
before January 19, 2000, and reply comments on or before February 4,
2000. 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 Fed. Reg. 24,121 (1998).
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 electronic comments by Internet e-mail. To
receive 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 \<your e-mail address.\" A sample form
and directions will be sent in reply. Parties who choose to file by
paper must file an original and four copies of each filing. If more than
one docket or rulemaking number appears in the caption of this
proceeding, commenters must submit two additional copies for each
additional docket or rulemaking number. All filings must be sent to the
Commission\'s Secretary, Magalie Roman Salas, Office of the Secretary,
Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554.

Parties also must send three paper copies of their filing to Sheryl
Todd, Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 Twelfth Street, S.W., Room 5-B540,
Washington, D.C. 20554. In addition, commenters must send diskette
copies to the Commission\'s copy contractor, International Transcription
Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

Pursuant to section 1.1206 of the Commission\'s rules, 47 C.F.R. §
1.1206, this proceeding will be conducted as a permit-but-disclose
proceeding in which *ex parte* communications are permitted subject to
disclosure.

For further information, contact Katie King, Accounting Policy Division,
Common Carrier Bureau at (202) 418-7400, TTY (202) 418-0484.

[^1]:     ^?^ *See* Petition for Reconsideration of the North Dakota
    Public Service Commission, Petition for Reconsideration of the South
    Dakota Public Utilities Commission, and Petition for Reconsideration
    of the Washington Utilities Commission, CC Docket Nos. 96-45,
    96-262, 94-1, 91-213, 95-72 (Feb. 12, 1998) (*State Petitions*); *Ex
    Parte* Presentation of the Rural Utilities Service, dated January
    27, 1998 (*RUS January 27 ex parte*)*.* RUS (formerly the Rural
    Electrification Administration) is a rural development agency of the
    U.S. Department of Agriculture that makes and guarantees loans to
    telecommunications carriers that serve rural areas. *See also*
    Resolution on Definition of Voice Grade Service for Universal
    Service Purposes, adopted by the National Association of Regulatory
    Utility Commissioners, March 18, 1998 (*NARUC resolution*).

[^2]:     ^?^ 47 C.F.R. § 54.101. Section 54.101(a)(1) provides:

    > \(a\) *Services designated for support.* The following services or
    > functionalities shall be supported by Federal universal service
    > support mechanisms:
    >
    > (1)*Voice grade access to the public switched telephone network.*
    > \"Voice grade access\" is defined as a functionality that enables
    > a user of telecommunications services to transmit voice
    > communications, including signalling the network that the caller
    > wishes to place a call, and to receive voice communications,
    > including receiving a signal indicating there is an incoming call.
    > For purposes of this part, bandwidth for voice grade access should
    > be, at a minimum, 300 to 3,000 Hertz.

[^3]:     ^?^ *Federal-State Joint Board on Universal Service*, Report
    and Order, CC Docket No. 96-45, 12 FCC Rcd 8776, 8811, para. 64
    (1997*), as corrected by* *Federal-State Joint Board on Universal
    Service*, Errata, CC Docket No. 96-45, FCC 97-157 (rel. June 4,
    1997), *aff'd in part, rev'd in part, remanded in part sub nom.
    Texas Office of Public Utility Counsel v. FCC*, 183 F.3d 393 (5th
    Cir. 1999), *motion for stay granted in part*, No. 97-60421 (Sept.
    28, 1999), *petitions for rehearing and rehearing en banc denied*,
    No. 97-60421 (Sept. 28, 1999) (*Universal Service Order*).

[^4]:     ^?^ *Federal-State Joint Board on Universal Service, Access
    Charge Reform, Price Cap Performance Review for Local Exchange
    Carriers, Transport Rate Structure and Pricing, End User Common Line
    Charge*, Fourth Order on Reconsideration*,* CC Docket No. 96-45,
    Report and Order*,* CC Docket Nos. 96-45, 96-262, 94-1, 91-213,
    95-72, 13 FCC Rcd 5318, 5328-29, para. 16. (1997) (*Fourth
    Reconsideration Order*).

[^5]:     ^?^ *See* *State Petitions* (urging Commission to phase in a
    range of 300 Hz to 3,500 Hz); *RUS January 27 ex parte*. RUS did not
    file a petition for reconsideration, but in a January 27, 1998
    meeting with Commission staff, urged the Commission to adopt a
    frequency range of 200 Hz to 3,400 Hz. *See also NARUC resolution*
    (urging the Commission to phase in a 3,500 Hz bandwidth standard).

[^6]:     ^?^ Modems convert outgoing digital signals generated by data
    terminal equipment, such as a personal computer, to analog signal
    formats suitable for transmission across the public switched
    telephone network, and convert incoming analog signals to digital
    format. A modem\'s speed is measured in terms of bits per second,
    which indicates the amount of information that can flow to and from
    a computer connected to the modem in one second.

[^7]:     ^?^ *See Federal-State Joint Board on Universal Service*,
    Ninth Report & Order and Eighteenth Order on Reconsideration, CC
    Docket Nos. 96-45, 96-262, FCC 99-306 (rel. Nov. 2, 1999)
    (*Methodology Order*); *Federal-State Joint Board on Universal
    Service, Forward-Looking Mechanism for High Cost Support for
    Non-Rural LECs*, Tenth Report & Order, CC Docket Nos. 96-45, 97-160,
    FCC 99-304 (rel. Nov. 2, 1999) (*Inputs Order*). Rural telephone
    companies, as defined by section 3(47) of the Act, will continue to
    receive universal service support based on the existing system, as
    modified, until the Commission adopts a forward-looking economic
    cost mechanism for rural carriers, which would become effective no
    earlier than January 1, 2001.