**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

## Washington, D. C. 20554

In the Matter of )

)

Implementation of the Subscriber Carrier )

Selection Changes Provisions of the )

Telecommunications Act of 1996 )

) CC Docket No. 94-129

Policies and Rules Concerning )

Unauthorized Changes of Consumers )

Long Distance Carriers )

**ORDER**

# Adopted: February 16, 2001 Released: February 22, 2001

By the Commission:

##  I. INTRODUCTION 

1.  In our *Third Report and Order*, the Commission amended in certain
    respects its rules to implement section 258 of the Communications
    Act of 1934, as amended by the Telecommunications Act of 1996.[^1]
    Section 258 prohibits the practice of "slamming," the unauthorized
    change in a subscriber's selection of a provider of telephone
    exchange service or telephone toll service.[^2] In this Order, we
    amend and clarify, on our own motion, certain aspects of the
    reporting and registration requirements adopted in the *Third Report
    and Order*.[^3]

### II. BACKGROUND

2.  In December 1998, the Commission released the *Section 258 Order* in
    which it adopted aggressive new liability rules designed to take the
    profit out of slamming, broadened the scope of the slamming rules to
    encompass all carriers, and imposed more rigorous verification
    measures.[^4] In the *First Reconsideration Order*, released May 3,
    2000, the Commission modified the slamming liability rules adopted
    in the *Section 258 Order* and modified the procedures for
    administering them.[^5]

3.  In the *Third Report and Order*, released August 15, 2000, the
    Commission adopted rules to further improve the carrier change
    process for consumers and carriers, while making it more difficult
    for unscrupulous carriers to perpetrate slams. Specifically, the
    Commission: (1) amended the current carrier change authorization and
    verification rules to expressly permit the use of Internet Letters
    of Agency (Internet LOAs) in a manner consistent with the new E-Sign
    Act;[^6] (2) directed the North American Numbering Plan
    Administration (NANPA) to eliminate the requirement that carriers
    purchase Feature Group D access in order to obtain a carrier
    identification code (CIC); (3) provided further guidance on
    independent third party verification; (4) defined the term
    "subscriber;" (5) required each carrier to submit a bi-annual report
    on the number of slamming complaints it receives;[^7] and (6)
    expanded the existing registration requirement on carriers providing
    interstate telecommunications service to include additional facts
    that will assist the Commission's enforcement efforts. [^8]

### II. DISCUSSION

A.  **Submission of Reports By Carriers**

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4.  [Background]{.underline}. In the *Third Report and Order,* the
    Commission determined that telecommunications carriers should
    periodically submit reports regarding slamming complaints they
    receive.[^9] The Commission concluded that the information contained
    in these reports will enable the Commission to identify, as soon as
    possible, the carriers that repeatedly initiate unauthorized
    changes. Accordingly, the Commission directed each carrier to submit
    a reporting form identifying the number of complaints received and
    the number of such complaints that the carrier has investigated and
    found to be valid. The Commission also required carriers to identify
    the number of slamming complaints involving local intrastate and
    interstate exchange service, investigated or not, that the carrier
    has resolved directly with subscribers. In addition, the Commission
    directed facilities-based local exchange carriers (LECs) to include
    in their reports the name of the entity against which the complaint
    is directed and the number of complaints involving unauthorized
    changes that have been lodged against that entity.[^10]

5.  [Discussion.]{.underline} In the instant Order, we amend our rules
    to require that, for purposes of complying with the reporting
    requirement for calendar year 2001, carriers shall file their first
    slamming complaint reports on August 15, 2001, to cover the period
    commencing on the effective date of this requirement, as announced
    in the Federal Register, and ending on June 30, 2001.[^11] Reports
    for the second half of 2001 shall be filed on February 15, 2002,
    covering the period between July 1, 2001 and December 31, 2001.
    Thereafter, carriers shall submit their semiannual slamming
    complaint reports on August 15 (covering January 1 through June 30)
    and on February 15 (covering July 1 through December 31).[^12]

6.  We also take this opportunity to amend section 64.1180(a) of our
    rules to apply the reporting requirement to all carriers providing
    telephone exchange service and/or telephone toll service. Section
    258 provides that "no telecommunications carrier shall submit or
    execute a change in a subscriber's selection of a provider of
    telephone exchange service or telephone toll service except in
    accordance" with Commission procedures.[^13] With this amendment,
    the language of our rules will track the statutory language and will
    require all carriers affected by section 258 to file slamming
    complaint reports.

7.  In addition, we clarify that, to satisfy section 64.1180(b)(6) of
    the reporting requirement, a carrier shall report the total number
    of subscribers it is serving at the end of the relevant reporting
    period, rather than the number it is serving on the date the report
    is filed. We also modify section 64.1180(b)(4) and (b)(5) of our
    rules to apply to wireline or fixed wireless local exchange carrier
    providing service to end user subscribers.[^14] We make this
    modification to eliminate possible confusion as to the type of
    carriers to which subsections (b)(4) and (b)(5) apply. Accordingly,
    these carriers must report the names of the entities against which
    slamming complaints were directed, as well as the number of slamming
    complaints they received against each such entity during the
    relevant reporting period.

**B. Registration Requirement**

8.  [Background]{.underline}. In the *Third Report and Order*, the
    Commission concluded that all new and existing common carriers
    providing interstate interexchange telecommunications service must
    register with the Commission.[^15] The Commission determined that
    such a registration requirement would enable us to better monitor
    the entry of carriers into the interstate telecommunications market
    and any associated increases in slamming activity, and would also
    enhance our ability to take appropriate enforcement action against
    carriers that have demonstrated a pattern or practice of
    slamming.[^16]

9.  To that end, the Commission decided to revise the Telecommunications
    Reporting Worksheet (FCC Form 499-A), which telecommunications
    carriers must file in April of each year, to include the following
    additional information: the carrier's business name(s) and primary
    address; the names and business addresses of the carrier's chief
    executive officer, chairman, and president, or, in the event that it
    does not have such executives, three similarly senior‑level company
    officials; the carrier's regulatory contact and/or designated agent
    for service of process; all names under which the carrier has
    conducted business in the past; and the state(s) in which the
    carrier is certified to provide service.[^17] The Commission also
    concluded that a carrier should update its registration to reflect
    any changes by submitting the revised relevant portion of the FCC
    Form 499-A within no more than one week of the change.[^18] The
    Commission determined that a carrier that fails to register with the
    Commission or provides false or misleading information in its
    registration may, after notice and opportunity to respond, be fined
    or have its operating authority revoked or suspended.[^19]

10. In addition, the Commission concluded that facilities-based carriers
    should have an affirmative duty to ascertain whether a potential
    carrier-customer (*i.e*., a reseller) has filed a registration with
    the Commission *prior to* providing that carrier-customer with
    service.[^20] The Commission stated that, in situations where a
    facilities-based carrier is currently providing a reseller with
    service, the reseller must notify its underlying facilities-based
    carrier that it has submitted the registration information to the
    Commission, within a week of having done so. [^21] The Commission
    concluded that carriers that fail to determine the registration
    status of other carriers before providing them with service may,
    after notice and opportunity to respond, be subject to a fine.[^22]

11. [Discussion.]{.underline} In this Order, we amend and clarify, on
    our own motion, certain aspects of the registration requirement
    discussed above. First, with regard to the applicability of the
    registration requirement, as addressed in section 64.1195(a), we
    clarify that all new and existing carriers providing interstate
    telecommunications service shall register with the Commission. This
    registration requirement enables the Commission to monitor those
    carriers providing telephone exchange service and telephone toll
    service, in a manner consistent with section 258 of the
    statute.[^23]

12. Second, with regard to the information carriers are required to
    provide under section 64.1195(b), the *Third Report and Order*
    directs carriers subject to the registration requirement to list,
    among other things, "the state(s) in which the carrier is certified
    to provide service."[^24] In this Order, we clarify that a carrier
    required to register must list all states in which it provides
    telecommunications service. We are amending the language of section
    64.1195(b)(5) to reflect this clarification because some states may
    not have a certification process for providers of telecommunications
    services, and because a carrier's provision of
    non-telecommunications services is not relevant here. We intend this
    clarification to prevent any possible carrier confusion regarding
    information that must be listed under section 64.1195(b)(5).

13. Finally, section 64.1195(h) of our rules, as adopted in the *Third
    Report and Order,* imposed on facilities-based carriers the
    affirmative duty to ascertain whether a potential carrier-customer
    (*i.e*., reseller) that is subject to section 64.1195(a) has
    registered with the Commission before it offers service to that
    carrier-customer.[^25] We recognize that the term "facilities-based
    carrier" may not encompass all carriers that offer
    telecommunications service for resale and thus may engender
    confusion.[^26] To ensure the effectiveness of this duty, we amend
    section 64.1195(h) of our rules to require any telecommunications
    carrier providing telecommunications service for resale to ascertain
    the registration status of a potential carrier-customer prior to
    offering telecommunications service to that carrier-customer.

**IV.** **PROCEDURAL MATTERS**

**A. Supplemental Final Regulatory Flexibility Analysis.**

14. As required by the Regulatory Flexibility Act (RFA),[^27] an Initial
    Regulatory Flexibility Analysis (IRFA)[^28] was incorporated in the
    Further Notice of Proposed Rulemaking and Memorandum Opinion and
    Order on Reconsideration in this proceeding.[^29] The Commission
    sought written public comment on the proposals in the *Further
    Notice and Order*, including comment on the IRFA. A Final Regulatory
    Flexibility Analysis (FRFA) was incorporated in the subsequent
    *Section 258 Order*[^30] and *Third Report and Order*[^31] in this
    proceeding. The instant Order modifies and clarifies, *sua sponte*,
    certain aspects of the reporting and registration requirements
    adopted in the *Third Report and Order*. This associated
    Supplemental FRFA reflects revised information to that contained in
    the FRFA. This Supplemental FRFA is thus limited to matters
    addressed in this Order. This Supplemental FRFA conforms to the
    RFA.[^32]

**1.** **Need For and Objectives of this Action**

15. Section 258 of the Act makes it unlawful for any telecommunications
    carrier "to submit or execute a change in a subscriber's selection
    of a provider of telephone exchange services or telephone toll
    service except in accordance with such verification procedures as
    the Commission shall prescribe." In the *Section 258 Order*, the
    Commission established a comprehensive framework of rules to
    implement section 258 and strengthen its existing anti-slamming
    rules.[^33] Concurrent with the release of the *Section 258 Order*,
    the Commission issued a *Further Notice* seeking comment on a number
    of additional proposals to further improve the preferred carrier
    change process and to prevent unauthorized carrier changes. In the
    *Third Report and Order*, the Commission adopted some of the
    proposals set forth in the *Further Notice*. Specifically, the
    Commission: (1) amended the current carrier change authorization and
    verification rules to expressly permit the use of Internet Letters
    of Agency (Internet LOAs) in a manner consistent with the new E-Sign
    Act;[^34] (2) directed the North American Numbering Plan
    Administration (NANPA) to eliminate the requirement that carriers
    purchase Feature Group D access in order to obtain a carrier
    identification code (CIC);[^35] (3) provided further guidance on the
    independent third party verification process;[^36] (4) defined the
    term "subscriber" for purposes of its slamming rules;[^37] (5)
    required each carrier to submit a bi-annual report on the number of
    slamming complaints it receives;[^38] and (6) expanded the existing
    registration requirement on carriers providing interstate
    telecommunications service to include additional facts that will
    assist the Commission's enforcement efforts.[^39] The objectives of
    the rules modified and clarified in the instant Order are to
    implement section 258 by improving the preferred carrier change
    process and strengthening the Commission's framework of
    anti-slamming rules. For example, this Order clarifies that carriers
    providing telephone exchange service and/or telephone toll service
    shall submit semiannual slamming complaint reports. In addition, the
    Order provides further clarification with regard to the carriers to
    which the registration requirement applies and the information that
    such carriers are required to provide.

> **2.** **Summary of Significant Issues Raised by Public Comments in
> Response to the IRFA.**

16. The Commission received no comments directly in response to the
    IRFA.

> **3. Description and Estimate of the Number of Small Entities To Which
> this Action Will Apply.**

17. In the associated FRFA,[^40] we have provided a detailed description
    of the pertinent small entities. Those entities include wireline
    carriers, local exchange carriers, interexchange carriers,
    competitive access providers, resellers, and wireless carriers. We
    hereby incorporate those detailed descriptions by reference.

> **4.** **Summary of Projected Reporting, Recordkeeping, and Other
> Compliance Requirements**

18. [Submission of Reports by Carriers]{.underline}. In this Order,[^41]
    the Commission clarifies that all providers of telephone exchange
    service and/or telephone toll service are subject to the reporting
    requirement. This Order also modifies the dates on which each such
    carrier is required to submit a semiannual report identifying, among
    other things, the number of complaints involving unauthorized
    changes that it has received. Specifically, reporting is to commence
    on August 15, 2001 and shall cover the period between January 1,
    2001, or the effective date of this requirement as announced in the
    Federal Register, whichever is later, and June 30, 2001. Reports
    filed on February 15, 2002, shall cover the period between July 1,
    2001 and December 31, 2001. Carriers are required to submit their
    semiannual slamming complaint reports thereafter on August 15
    (covering January 1 through June 30) and on February 15 (covering
    July 1 through December 31).

19. [Registration Requirement]{.underline}. In this Order, [^42] the
    Commission clarifies that all telecommunications carriers providing
    interstate telecommunications service are required to register with
    the Commission and establishes that any telecommunications carrier
    providing telecommunications service for resale has an affirmative
    duty to confirm that a reseller has registered with the Commission
    prior to providing that reseller with service. The Commission also
    clarifies that the annually-filed Telecommunications Reporting
    Worksheet (FCC Form 499-A), which must be filed by all
    telecommunications carriers in April of each year, will include the
    following additional information that is targeted to assist the
    Commission's anti-slamming efforts: the carrier's business name(s)
    and primary address; the carrier's regulatory contact and/or
    designated agent for service of process; all names under which the
    carrier has conducted business in the past; and the state(s) in
    which the carrier provides telecommunications service. This modified
    registration requirement will enable the Commission to monitor the
    entry of carriers into the interstate telecommunications market and
    any associated increases in slamming, enhance the Commission's
    ability to take appropriate enforcement action against carriers that
    have demonstrated a pattern or practice of slamming, and deter
    telecommunications carriers from providing service to unregistered
    resellers.

> **5. Steps Taken to Minimize the Significant Economic Impact of This
> Action on Small Entities, and Significant Alternatives Considered**

20. As noted, in this Order, we have clarified and amended, on our own
    motion, certain aspects of the reporting and registration
    requirements adopted in the *Third Report and Order*. For example,
    this Order requires that carriers providing telephone exchange
    service and/or telephone toll service shall submit semiannual
    slamming complaint reports. In addition, the Order provides further
    clarification and modification with regard to the carriers to which
    the registration requirement applies and the information that such
    carriers must provide. As a result, we expect that these
    clarifications and amendments will eliminate any possible confusion
    for all affected carriers, including small entity carriers. If we
    had not taken these steps, carriers might have been unclear as to
    whether they had a duty to comply with the reporting and
    registration requirements.

**6. Report to Congress**

21. The Commission will send a copy of the instant Order*,* including
    this Supplemental FRFA, in a report to Congress pursuant to the
    Congressional Review Act.[^43] In addition, the Commission will send
    a copy of the instant Order, including the Supplemental FRFA, to the
    Chief Counsel for Advocacy of the Small Business Administration. A
    copy of the Third Report and Order and Supplemental FRFA (or
    summaries thereof) also will be published in the Federal
    Register.[^44]

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C.  **Paperwork Reduction Act**

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22. The action contained herein has been analyzed with respect to the
    Paperwork Reduction Act of 1995 and found to impose new or modified
    reporting and recordkeeping requirements or burdens on the public.
    Implementation of these new or modified reporting and recordkeeping
    requirements will be subject to approval by the OMB as prescribed by
    the Act and will go into effect upon announcement in the Federal
    Register of OMB approval.

**V. ORDERING CLAUSES**

23. Accordingly, IT IS ORDERED that pursuant to sections 1, 4, 201-205,
    258, and 405 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 151, 154, 201-205, 258, and 405, the policies, rules, and
    requirements set forth herein ARE ADOPTED.

24. IT IS FURTHER ORDERED that 47 C.F.R. Part 64 IS AMENDED as set forth
    in Appendix A.

25. IT IS FURTHER ORDERED that the requirements or rules adopted herein
    pertain to new or modified reporting and recordkeeping requirements
    and are subject to approval by the Office of Management and Budget
    (OMB). These requirements and rules shall become effective no sooner
    than 30 days after publication of a summary of this item in the
    Federal Register, upon announcement in the Federal Register of OMB
    approval.

26. IT IS FURTHER ORDERED that the Commission's Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    Order, including the Supplemental Final Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

> FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**APPENDIX A**

### RULES AMENDED

Part 64 of the Commissions Rules and Regulations, Chapter 1 of Title 47
of the Code of Federal Regulations, is amended as follows:

1\. Part 64, Subpart K, is further amended by revising section 64.1180
to read as follows:

**§64.1180 Reporting Requirement**

\(a\) *Applicability*. Each provider of telephone exchange and/or
telephone toll service shall submit to the Commission via e-mail
([slamming478@fcc.gov]{.underline}), U.S. Mail, or facsimile a slamming
complaint report form identifying the number of slamming complaints
received during the reporting period and other information as specified
in subsection (b) of this section.

(b) *Contents of Report*. The report shall contain the following
    information:

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(1) the information specified in subsection (a) of this section;

(2) the number of slamming complaints received during the reporting
    period that the carrier has investigated and found to be valid.

(3) the number of slamming complaints received during the reporting
    period, investigated or not, that the carrier has directly resolved
    with consumers;

(4) if the reporting carrier is a wireline or fixed wireless local
    exchange carrier providing service to end user subscribers, the name
    of each entity against which the slamming complaints received during
    the reporting period were directed;

(5) if the reporting carrier is a wireline or fixed wireless local
    exchange carrier providing service to end user subscribers, the
    number of slamming complaints received during the reporting period
    that were lodged against each entity identified in subsection (b)(4)
    of this section; and

(6) the total number of subscribers the reporting carrier is serving at
    the end of the relevant reporting period.

\(c\) *Semiannual Reporting Requirement*. Reporting shall commence on
August 15, 2001, covering the effective date of this requirement, as
announced in the Federal Register, through June 30, 2001. Reports filed
on February 15, 2002 shall cover the period between July 1, 2001 and
December 31, 2001. Thereafter, carriers subject to the reporting
requirement pursuant to subsection (a) of this section shall submit
semiannual slamming complaint reports on August 15 (covering January 1
through June 30) and on February 15 (covering July 1 through December
31).

2\. Part 64, Subpart K, is further amended by revising section 64.1195
to read as follows:

**§ 64.1195 Registration Requirement**

\(a\) *Applicability*. A telecommunications carrier that will provide
interstate telecommunications service shall file the registration
information described in subsection (b) of this section in accordance
with the procedures described in subsections (c) and (g) of this
section. Any telecommunications carrier already providing interstate
telecommunications service on the effective date of these rules shall
submit the relevant portion of its FCC Form 499-A in accordance with
subsections (b) and (c).

(b) *Information Required for Purposes of Part 64.* A telecommunications
    carrier that is subject to the registration requirement pursuant to
    subsection (a) of this section shall provide the following
    information:

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(1) the carrier's business name(s) and primary address;

(2) the names and business addresses of the carrier's chief executive
    officer, chairman, and president, or, in the event that a company
    does not have such executives, three similarly senior‑level
    officials of the company;

(3) the carrier's regulatory contact and/or designated agent;

(4) all names that the carrier has used in the past; and

(5) the state(s) in which the carrier provides telecommunications
    service.

\(c\) *Submission of Registration*. A carrier that is subject to the
registration requirement pursuant to subsection (a) of this section
shall submit the information described in subsection (b) of this section
in accordance with the Instructions to FCC Form 499-A. FCC Form 499-A
must be submitted under oath and penalty of perjury.

\(d\) *Rejection of Registration*. The Commission may reject or suspend
a carrier's registration for any of the reasons identified in
subsections (e) or (f) of this section.

\(e\) *Revocation or Suspension of Operating Authority*. After notice
and opportunity to respond, the Commission may revoke or suspend the
authorization of a carrier to provide service if the carrier provides
materially false or incomplete information in its FCC Form 499-A or
otherwise fails to comply with subsections (a), (b), and (c) of this
section.

\(f\) *Imposition of Fine*. After notice and opportunity to respond, the
Commission may impose a fine on a carrier that is subject to the
registration requirement pursuant to subsection (a) of this section if
that carrier fails to submit an FCC Form 499-A in accordance with
subsections (a), (b), and (c).

\(g\) *Changes in Information*. A carrier must notify the Commission of
any changes to the information provided pursuant to subsection (b) of
this section within no more than one week of the change. Carriers may
satisfy this requirement by filing the relevant portion of FCC Form
499-A in accordance with the Instructions to such form.

\(h\) *Duty to Confirm Registration of Other Carriers*. The Commission
shall make available to the public a comprehensive listing of
registrants and the information that they have provided pursuant to
subsection (b) of this section. A telecommunications carrier providing
telecommunications service for resale shall have an affirmative duty to
ascertain whether a potential carrier-customer (*i.e*., reseller) that
is subject to the registration requirement pursuant to subsection (a) of
this section has filed an FCC Form 499-A with the Commission prior to
offering telecommunications service to that carrier-customer. After
notice and opportunity to respond, the Commission may impose a fine on a
carrier for failure to confirm the registration status of a potential
carrier-customer before providing that carrier-customer with service.

[^1]: ^?^ 47 U.S.C. § 258(a). Telecommunications Act of 1996, Pub. L.
    No. 104-104, 110 Stat. 56 (1996). *Implementation of the Subscriber
    Carrier Selection Changes Provisions of the Telecommunications Act
    of 1996 and Policies and Rules Concerning Unauthorized Changes of
    Consumers' Long Distance Carriers*, CC Docket No. 94-129, Third
    Report and Order and Second Order on Reconsideration, 15 FCC Rcd
    15996 (2000) (*Third Report and Order*); Errata, DA 00-2163 (rel.
    Sept. 25, 2000); Erratum, DA 00-2192 (rel. Oct. 4, 2000).

[^2]: ^?^ 47 U.S.C. § 258(a).

[^3]: *See* 47 C.F.R. § 1.108. We note that the rules adopted in the
    *Third Report and Order* are not yet effective but will be revised
    to reflect these changes when a summary of the *Third Report and
    Order* is published in the Federal Register.

[^4]: *Implementation of the Subscriber Carrier Selection Changes
    Provisions of the Telecommunications Act of 1996; Policies and Rules
    Concerning Unauthorized Changes of Consumers' Long Distance
    Carriers*, CC Docket No. 94-129, Second Report and Order and Further
    Notice of Proposed Rule Making, 14 FCC Rcd 1508 (1998) (*Section 258
    Order or Further Notice), stayed in part*, *MCI WorldCom v. FCC*,
    No. 99-1125 (D.C. Cir. May 18, 1999), *motion to dissolve stay
    granted*, *MCI WorldCom v. FCC*, No. 99-1125 (D.C. Cir. June 27,
    2000).

[^5]: ^?^ *Implementation of the Subscriber Carrier Selection Changes
    Provisions of the Telecommunications Act of 1996; Policies and Rules
    Concerning Unauthorized Changes of Consumers' Long Distance
    Carriers*, CC Docket No. 94-129, First Order on Reconsideration, 15
    FCC Rcd 8158 (rel. May 3, 2000) (*First Reconsideration Order*). On
    August 3, 2000, the Federal Register published a summary of the text
    of the First Reconsideration Order. The Office of Management and
    Budget (OMB) approved the information collections contained in the
    First Reconsideration Order on October 3, 2000. The revised slamming
    liability rules took effect on November 28, 2000*. See FCC Announces
    Effective Date of Revised Slamming Liability Rules*, Public Notice,
    DA 00-2427 (rel. Oct. 27, 2000*); Implementation of the Subscriber
    Carrier Selection Changes Provisions of the Telecommunications Act
    of 1996; Policies and Rules Concerning Unauthorized Changes of
    Consumers Long Distance Carriers*, 65 FR 66934 (rel. Nov. 8, 2000).

[^6]: ^?^ *See* *Electronic Signatures in Global and National Commerce
    Act,* S. 761, 106^th^ Cong., 2d Sess. (signed into law June 30,
    2000). *See also Third Report and Order,* 15 FCC Rcd 15996, at
    paras. 12-14.

[^7]: *Third Report and Order,* 15 FCC Rcd 15996, at paras. 53-58
    (2000).

[^8]: *Third Report and Order,* 15 FCC Rcd 15996, at paras. 59-66
    (2000). In the *Second Order on Reconsideration*, the Commission
    upheld its rules governing the submission of preferred carrier
    freeze orders, the handling of preferred carrier change requests and
    freeze orders in the same transaction, and the automated submission
    and administration of freeze orders and changes. *Id.* at paras.
    69-73. The Commission also adopted a 60-day limit on the validity of
    an LOA confirming a carrier change request. Finally, the Commission
    clarified certain rules regarding the payment of preferred carrier
    change charges after a slam. *Id.* at paras. 84-86.

[^9]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at paras. 55-56.

[^10]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at paras. 55-56.
    Reporting originally was to commence on February 15, 2001 for
    calendar year 2000, and was to continue on a bi-annual basis
    thereafter on August 15 (covering January 1 through May 31) and on
    February 15 (covering June 1 through December 31).^?^ For purposes
    of complying with the reporting requirement for calendar year 2000,
    carriers were to submit reports containing the requisite information
    gathered between the effective date of this requirement, as
    announced in the Federal Register, and December 31, 2000. Because
    the rules contained in the *Third Report and Order* have not yet
    become effective, however, carriers are not obligated to file
    reports on February 15, 2001. *See Implementation of the Subscriber
    Carrier Selection Changes Provisions of the Telecommunications Act
    of 1996 and Policies and Rules Concerning Unauthorized Changes of
    Consumers' Long Distance Carriers*, CC Docket No. 94-129, Order, DA
    00-2790 (Comm. Car. Bur. rel. Dec. 22, 2000).

[^11]: ^?^ *See* n.12, *infra*.

[^12]: We note that, in the text of the "Submission of Reports" section
    of the *Third Report and Order*, and in the accompanying rule at
    Appendix A (*i.e*., Section 64.1180), we inadvertently designated a
    five-month period (*i.e*., January 1 through May 31) and a
    seven-month period (June 1 through December 31) as the relevant time
    frames for reporting. *See Third Report and Order,* 15 FCC Rcd
    15996, at para. 56; Appendix A at 64.1180(c).

[^13]: ^?^ 47 U.S.C. § 258(a).

[^14]: ^?^ A wireline or fixed wireless local exchange carrier typically
    would identify itself as an incumbent local exchange carrier,
    competitive access provider, competitive local exchange carrier,
    local reseller, or shared tenant service provider when filing the
    Form 499-A Telecommunications Reporting Worksheet and would include
    all entities reporting revenue on Line 404 of such form.

[^15]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at para. 62.

[^16]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at para. 62.

[^17]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at para. 63. On
    the next scheduled filing date for the Form 499-A, April 1, 2001,
    carriers will file the revised form containing the additional
    information described above in accordance with the Instructions to
    FCC Form 499-A.

[^18]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at para. 63. *See
    also* 47 C.F.R. § 1.47.

[^19]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at para. 64.

[^20]: ^?^ *See* *Third Report and Order,* 15 FCC Rcd 15996, at para.
    65.

[^21]: ^?^ *See* *Third Report and Order,* 15 FCC Rcd 15996, at para.
    65.

[^22]: ^?^ *See* *Third Report and Order,* 15 FCC Rcd 15996, at para.
    66.

[^23]: ^?^ 47 U.S.C. § 258.

[^24]: *See* *Third Report and Order,* 15 FCC Rcd 15996, at para. 63;
    Appendix A at 64.1195(b)(5).

[^25]: ^?^ *See* *Third Report and Order,* 15 FCC Rcd 15996, at paras.
    65-66; Appendix A at 64.1195(h).

[^26]: ^?^ For instance, in a situation where carrier A, a
    "facilities-based carrier," resells service to carrier B, which, in
    turn, resells service to carrier C, there may be some confusion as
    to whether the duty to ascertain the registration status of carrier
    C applies to carrier A and/or carrier B. In this example, our
    clarified rule would require carrier A to confirm the registration
    status of carrier B, and would also require carrier B to confirm the
    registration status of carrier C.

[^27]: ^?^ *See* 5 U.S.C. § 603. The RFA, s*ee* 5 U.S.C. § 601, *et.
    seq*., was amended by the Contract with America Advancement Act of
    1996, Pub. L. 104-121, 110 Stat. 87 (1996) (CWAA). Title II of the
    CWAA is the Small Business Regulatory Enforcement Fairness Act of
    1996 (SBREFA).

[^28]: 5 U.S.C. § 603.

[^29]: *Implementation of the Subscriber Carrier Selection Changes
    Provisions of the Telecommunications Act of 1996, Policies and Rules
    Concerning Unauthorized Changes of Consumers Long Distance
    Carriers,* Further Notice of Proposed Rulemaking and Memorandum
    Opinion and Order, 12 FCC Rcd 10674 (1997) (*Further Notice and
    Order*).

[^30]: *Section 258 Order,* 14 FCC Rcd 1508, 1611.

[^31]: ^?^ *Third Report and Order,* 15 FCC Rcd 15996, at paras. 89-119.

[^32]: ^?^ *See* 5 U.S.C. § 604.

[^33]: *See Section 258 Order*, 14 FCC Rcd 1508, at paras. 1-4. *See
    also supra*, para. 2.

[^34]: ^?^ E-Sign Act at §§ 101, 104(e). *See Third Report and Order*,
    15 FCC Rcd 15996, at paras. 6-21.

[^35]: *See Third Report and Order*, 15 FCC Rcd 15996, at paras. 22-31.

[^36]: *See Third Report and Order*, 15 FCC Rcd 15996, at paras. 33-45.

[^37]: *See Third Report and Order*, 15 FCC Rcd 15996, at paras. 46-52.

[^38]: *See Third Report and Order*, 15 FCC Rcd 15996, at paras. 53-58.

[^39]: *See Third Report and Order*, 15 FCC Rcd 15996, at paras. 59-66.

[^40]: *See Third Report and Order,* 15 FCC Rcd 15996, at paras. 95-108.

[^41]: ^?^ *See* paras. 5-6, *supra.*

[^42]: ^?^ *See* paras. 5-6, *supra.*

[^43]: *See* 5 U.S.C. § 801(a)(1)(A).

[^44]: *See* 5 U.S.C. § 604(b).