**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

Rules and Regulations Implementing ) CG Docket No. 02-386

Minimum Customer Account Record )

Exchange Obligations on All Local and )

Interexchange Carriers )

**ORDER ON RECONSIDERATION**

**Adopted: September 6, 2006 Released: September 13, 2006**

By the Commission:

# introduction

1\. In this Order on Reconsideration (Order), we adopt minor
modifications to section 64.4002 of the Commission's customer account
record exchange (CARE) rules.[^1] Section 64.4002, which was adopted by
the Commission to facilitate the seamless provision of jointly-provided
communications services, requires a local exchange carrier (LEC) to
supply customer account information to a customer's interexchange
carrier (IXC) in certain identified situations.[^2] On April 15, 2005
and June 15, 2005, a coalition of IXCs and LECs (Coalition) filed *ex
parte* submissions proposing certain clarifications and modifications to
section 64.4002.[^3] For the reasons set forth below, we grant the
Coalition's proposed changes to section 64.4002 to the extent provided
herein.

# BACKGROUND 

## CARE Order

2\. On February 25, 2005, the Commission released the *CARE Order* in
which it established mandatory, minimum standards governing the exchange
of customer account information between LECs and IXCs.[^4] In that
order, and as relevant here, the Commission required LECs to supply
customer account information to an IXC in a defined set of
circumstances.[^5] In particular, the Commission's rules require a LEC
to supply such information when: (1) the LEC has placed an end user on,
or removes an end user from, the IXC's network; (2) an end user that is
presubscribed to an IXC makes certain changes to her account information
via her LEC; (3) the IXC has requested billing name and address (BNA)
information for an end user who has usage on the IXC's network, but for
whom the IXC does not have an existing account; and (4) the LEC confirms
or rejects an IXC-initiated PIC order.[^6]

## Coalition Request for Modification and Clarification of Section 64.4002

3\. On April 15, 2005, and June 15, 2005, the Coalition proposed minor
modifications and clarifications to section 64.4002, which as noted
above deals with the notification requirements of LECs.[^7] In
particular, the Coalition identified certain aspects of section 64.4002
that, in its view, should be clarified and/or modified "in the interest
of clarity and completeness."[^8] On August 9, 2005, the Commission
released a public notice requesting comment on the Coalition's proposed
clarifications and modifications.[^9] Notice of the proposed changes was
published in the Federal Register on September 7, 2005.[^10] The
Commission received one comment in response to its public notice from
the Texas Office of Public Utility Counsel, which supported the proposed
changes.[^11]

# discussion

## Overview

4\. In this Order, we conclude that minor modifications to section
64.4002 are needed to clarify carriers' respective obligations under
that rule section. For this reason, we adopt the Coalition's proposed
rule changes to the extent described below. We note that no comments
were filed in opposition to any of the proposed changes.

## Technical Corrections to Subsections 64.4002(a)(6), (b)(6), (d)(5), and (f)(5)

5\. Among the categories of information that LECs currently must provide
to IXCs in the situations identified in subsections 64.4002(a)(6),
(b)(6), (d)(5) and (f)(5) is the "carrier identification code of the
submitting LEC."[^12] The Coalition suggests that this phrase should be
modified to state "carrier identification code of the IXC."[^13]
According to the Coalition, this "mirroring" of information back to the
IXC by the LEC serves as a "handshake" and is needed to confirm that the
LEC has properly identified the intended recipient of a particular
notification. We agree. Mirroring the carrier identification code of the
customer's selected IXC back to that IXC will help to confirm that the
customer was in fact switched to the proper IXC. In addition, as there
is no "submitting LEC" in any situation contemplated under
64.4002(a)(6), (b)(6), (d)(5) and (f)(5), the removal of the words
"submitting LEC" is warranted.

## Modifications to Section 64.4002(d)

6\. Subsection 64.4002(d) currently requires a LEC to notify an IXC when
that IXC is removed from the LEC's network in connection with either of
the following events: (1) when a customer contacts his current LEC to
change his PIC; or (2) when a customer contacts his new IXC to change
his current PIC.[^14] The Coalition asks the Commission to modify
subsection 64.4002(d) to require a LEC to respond to an IXC with a
confirmation or reject notification when a customer contacts his current
IXC to select "no-PIC" status and the current IXC has relayed this
information to the customer's LEC.[^15] As proposed by the Coalition,
section 64.4002(d) would read in pertinent part:

\(d\) [Customer contacts LEC or new IXC to change PIC, or current IXC to
select no-PIC.]{.underline} When a LEC has removed at its local switch a
presubscribed customer from an IXC's network, in response to a customer
order, upon receipt of a properly verified PIC order submitted by
another IXC, or upon receipt of the current IXC's request to change the
PIC to no-PIC, the LEC must notify the customer's former IXC of this
event. . . .[^16]

7\. We agree with the Coalition that a customer's current IXC should be
notified when a LEC has acted on information supplied by the IXC
indicating the IXC customer's selection of no-PIC status. We also extend
the notification requirements of subsection 64.4002(d) to situations in
which a customer contacts his current LEC to select no-PIC status. As we
noted in the *CARE Order,* the notification requirements of subsection
64.4002(d) protect consumers from continued billing for services that
the customer has sought to cancel.[^17] As modified, new subsection
64.4002(d) will provide in relevant part:

\(d\) [Customer contacts LEC or new IXC to change PIC(s) or customer
contacts LEC or current IXC to change PIC to No-PIC.]{.underline} When a
LEC has removed at its local switch a presubscribed customer from an
IXC's network in response to a customer order, upon receipt of a
properly verified PIC order submitted by another IXC, or in response to
a notification from the customer's current IXC relating to the
customer's request to change his or her PIC to No-PIC, the LEC must
notify the customer's former IXC of this event.

We conclude that these modifications are needed to ensure that an IXC
does not continue billing a customer for non-usage-related monthly
charges where that customer has contacted his current LEC or his current
IXC to select "No-PIC" status. In either situation, the customer's
former IXC requires confirmation regarding whether and when the IXC's
customer has been removed from its network.

**D. Technical Corrections to Subsection 64.4002(e)**

8\. Subsection 64.4002(e) currently requires a LEC to inform a
customer's current IXC of changes in the customer's account or line
information.[^18] The Coalition asks the Commission to modify subsection
64.4002(e) to include the effective date of any changes to a customer's
local service account among the categories of information that must be
provided to the IXC as well as the carrier identification code of the
customer's IXC.[^19] The Coalition states that these modifications are
needed to make this subsection consistent with other notification
obligations of LECs adopted in the *CARE* *Order*.[^20] While the *CARE
Order* required LECs to inform IXCs of changes to a local service
account, the Commission did not correspondingly require that the LEC
relay the effective date of such changes. We agree that knowing the
effective date of account changes will help IXCs to maintain accurate
customer account information. In addition, consistent with the other
notification requirements of the *CARE Order*, we modify subsection
64.4002(e) to include the carrier identification code of the customer's
IXC as part of the account change information that a LEC must provide to
an IXC. We find that this technical correction will enable an IXC to
verify that it is the proper recipient of the transmitted information.

## E. Modifications to Subsection 64.4002(g) {#e.-modifications-to-subsection-64.4002g .unnumbered}

9\. Subsection 64.4002(g) currently requires a LEC to inform its
customer's PIC when the customer changes local service providers.[^21]
The Coalition asks the Commission to modify subsection 64.4002(g) to
include among the categories of information required by this section to
be provided to the customer's PIC: the customer's billing telephone
number, working telephone number, and BNA; the effective date of the
change of local service provider; a description of the customer type
(*i.e*., business or residential); the jurisdictional scope of the lines
or terminals affected (*i.e*., intraLATA and/or interLATA and/or
international); and the carrier identification code of the IXC.[^22] We
note that the CARE rules currently require a LEC to provide these same
categories of information in connection with other notification
requirements adopted in the *CARE Order*.[^23] As such, we agree that
the proposed change will make the information categories included in
subsection 64.4002(g) consistent with those included in other LEC
notification requirements.

10\. The Coalition suggests an additional clarification to section
64.4002(g) whereby the Commission would insert the phrase "in LEC" and
remove the word "new" as specified in the bracketed portions of the
following sentence: "If the customer also makes a PIC change, the
customer's former LEC must notify the customer's former PIC(s) of the
change **\[in LEC\]** and the new LEC must notify the customer's
**\[~~new~~\]** PIC of the customer's PIC selection."[^24] This portion
of subsection 64.4002(g) sets forth the obligations of both the former
LEC and the new LEC when the customer makes both a LEC change and a PIC
change. The Coalition proposes that we remove the word "new" in the
sentence quoted above in order to clarify a new LEC's obligations to
notify a current PIC if the only change taking place is a change in
LEC.[^25] Because this notification requirement, by its terms, applies
only "if the customer also makes a PIC change,"[^26] we decline to adopt
the Coalition's proposal. We wish to clarify, however, that when a
customer changes LECs, but retains the same PIC, the new LEC must inform
the current IXC that it remains the customer's PIC. Without such a
notification, according to the Coalition, the current PIC upon receiving
notification from the former LEC of a local service termination may
erroneously assume, absent additional notification from the new LEC,
that the customer also wishes to cancel his current PIC.[^27] To avoid
inadvertent disconnection of the customer's PIC, we modify subsection
64.4002(g) to require that when a customer changes LECs, but wishes to
retain his current PIC, the new LEC must so notify the current PIC.
Subsection 64.4002(g) as modified will provide as follows:

> \(g\) [Change of local service provider]{.underline}. When a customer
> changes LECs, the customer's former LEC must notify the customer's
> PIC(s) of the customer's change in LEC and, if known, the identity of
> the customer's new LEC. If the customer also makes a PIC change, the
> customer's former LEC must also notify the customer's former PIC(s) of
> the change. When a customer only changes LECs, the new LEC must notify
> the customer's current PIC(s) that the customer's PIC selection has
> not changed. If the customer also makes a PIC change, the new LEC must
> notify the customer's new PIC of the customer's PIC selection. . . .

11\. The Coalition also proposes adding the words "in LEC" to the
sentence quoted above in order "to clarify which change \[is\] being
referenced."[^28] This portion of subsection 64.4002(g) sets forth the
obligations of a former and a new LEC if there is both a change in LEC
and a change in PIC. We decline to adopt the proposed change for the
following reasons. First, under the current rule, a former LEC must
notify a former PIC of the change in PIC so that the customer is not
subject to double billing by the former and new PICs.[^29] Adding the
words, "in LEC" to subsection 64.4002(g) as requested by the Coalition
would eliminate this requirement, thus increasing the potential for
double billing. Second, because the first sentence of subsection
64.4002(g) already requires a former LEC to inform a current PIC of a
change in LEC, the requested modification is unnecessary.

# PROCEDURAL MATTERS

## Paperwork Reduction Act

12. This *Order on Reconsideration* contains new information collection
    requirements subject to the Paperwork Reduction Act of 1995 (PRA),
    Public Law 104-13. It will be submitted to the Office of Management
    and Budget (OMB) for review under section 3507(d) of the PRA. OMB,
    the general public, and other Federal agencies are invited to
    comment on the new information collection requirements contained in
    this proceeding. In addition, we note that pursuant to the Small
    Business Paperwork Relief Act of 2002, Public Law 107-198, we sought
    specific comment on the information collection requirements proposed
    in the earlier NPRM and those adopted in the *CARE Order*.

13. In this *Order on Reconsideration*, we have assessed the effects of
    minor rule changes adopted here and find that there may be an
    increased administrative burden on businesses with fewer than 25
    employees. We have taken steps to minimize the information
    collection burden for small business concerns, including those with
    fewer than 25 employees. As in the *CARE Order*, the rules adopted
    here do not require the use of particular CARE codes for the
    exchange of customer account information. We also do not adopt
    specific performance measurements for the timeliness and
    completeness of the transfer of customer account information between
    LECs and IXCs. Finally, we note that carriers subject to these
    requirements may use a variety of transmission mediums (*e.g.*,
    facsimile, mail, electronic mail, cartridge) for the required
    information exchanges. These measures should substantially alleviate
    any burdens on businesses with fewer than 25 employees.

## Congressional Review Act

14. The Commission will send a copy of this *Order on Reconsideration*
    in a report to be sent to Congress and the Government Accountability
    Office pursuant to the Congressional Review Act, *see* 5 U.S.C. §
    801(a)(1)(A).

## Accessible Formats

15. To request materials in accessible formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to <fcc504@fcc.gov> or call the Consumer &
    Governmental Affairs Bureau at (202) 418-0530 (voice) or (202)
    418-0432 (TTY). This *Order on Reconsideration* can also be
    downloaded in Word and Portable Document Format (PDF) at
    http://www.fcc.gov/cgb/policy.

## Regulatory Flexibility Analysis

16. Pursuant to the Regulatory Flexibility Act of 1980, as amended,[^30]
    the Commission's Final Regulatory Flexibility Analysis regarding the
    *Order on Reconsideration* is attached as Appendix B.

# ORDERING CLAUSES

17. Accordingly, IT IS ORDERED that, pursuant to the authority contained
    in sections 1-4, 201, 202, 222, 258, and 303(r) of the
    Communications Act of 1934, as amended; 47 U.S.C. §§ 151-154, 201,
    202, 222, 258, and 303(r), the *Order on Reconsideration* IS
    ADOPTED.

18. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications
    Act of 1934, as amended; 47 U.S.C. §§ 151-154, 201, 202, 222, 258,
    and 303(r), Part 64 of the Commission's rules, 47 C.F.R. Part 64, IS
    AMENDED as set forth in Appendix A.

19. IT IS FURTHER ORDERED that, because many of the rules and
    requirements contained in this *Order on Reconsideration* and in
    Appendix A attached hereto contain information collection
    requirements under the PRA, the rules and requirements SHALL NOT
    BECOME EFFECTIVE until the information collection requirements have
    been approved by OMB. The Commission will publish a document in the
    Federal Register announcing the effective date of these rules.

20. IT IS FURTHER ORDERED that, pursuant to the authority contained in
    sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications
    Act of 1934, as amended; 47 U.S.C. §§ 151-154, 201, 202, 222, 258,
    and 303(r), and section 1.407 of the Commission's rules, 47 C.F.R. §
    1.407, that the Request for Modification filed by AT&T Corp,
    BellSouth Corporation, Sprint Corporation, Qwest Communications
    International Inc., and Verizon Communications, Inc. on April 15,
    2005, and June 15, 2005, IS GRANTED IN PART AND DENIED IN PART, to
    the extent provided herein.

21. IT IS FURTHER ORDERED that the Commission's Consumer & Governmental
    Affairs Bureau, Reference Information Center, SHALL SEND a copy of
    this *Order on Reconsideration*, including the Final Regulatory
    Flexibility Certification, to the Chief Counsel for Advocacy of the
    Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS**

**PART 64 -- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS**

**§ 64.4002 Notification obligations of LECs**.

\* \* \* \* \*

1\. Section 64.4002(a) is amended by revising the second sentence to
read as follows:

\(a\) [Customer-submitted PIC order.]{.underline} \* \* \* The
notification provided by the LEC to the IXC must contain all of the
customer account information necessary to allow for proper billing of
the customer by the IXC including but not limited to: (1) the customer's
billing telephone number, working telephone number, and billing name and
address; (2) the effective date of the PIC change; (3) a statement
describing the customer type (*i.e.*, business or residential); (4) a
statement indicating, to the extent appropriate, that the customer's
telephone service listing is not printed in a directory and is not
available from directory assistance or is not printed in a directory but
is available from directory assistance; (5) the jurisdictional scope of
the PIC installation (*i.e.*, intraLATA and/or interLATA and/or
international); (6) the carrier identification code of the IXC; and (7)
if relevant, a statement indicating that the customer's account is
subject to a PIC freeze. \* \* \*

2\. Section 64.4002(b) is amended by revising the second sentence to
read as follows:

\(b\) [Confirmation of IXC-submitted PIC order.]{.underline} \* \* \*
The confirmation provided by the LEC to the IXC must include: (1) the
customer's billing telephone number, working telephone number, and
billing name and address; (2) the effective date of the PIC change; (3)
a statement describing the customer type (*i.e.*, business or
residential); (4) a statement indicating, to the extent appropriate, if
the customer's telephone service listing is not printed in a directory
and is not available from directory assistance, or is not printed in a
directory but is available from directory assistance; (5) the
jurisdictional scope of the PIC installation (*i.e.*, intraLATA and/or
interLATA and/or international); and (6) the carrier identification code
of the IXC. \* \* \*

3\. Section 64.4002(d) is amended by revising the section to read as
follows:

\(d\) [Customer contacts LEC or new IXC to change PIC(s) or customer
contacts LEC or current IXC to change PIC to No-PIC.]{.underline} When a
LEC has removed at its local switch a presubscribed customer from an
IXC's network in response to a customer order, upon receipt of a
properly verified PIC order submitted by another IXC, or in response to
a notification from the customer's current IXC relating to the
customer's request to change his or her PIC to No-PIC, the LEC must
notify the customer's former IXC of this event. The LEC must provide to
the IXC the customer account information that is necessary to allow for
proper final billing of the customer by the IXC including but not
limited to: (1) the customer's billing telephone number, working
telephone number, and, billing name and address; (2) the effective date
of the PIC change; (3) a description of the customer type (*i.e.*,
business or residential); (4) the jurisdictional scope of the lines or
terminals affected (*i.e.*, intraLATA and/or interLATA and/or
international); and (5) the carrier identification code of the IXC. \*
\* \*

4\. Section 64.4002(e) is amended by revising the second sentence to
read as follows:

\(e\) [Particular changes to customer's local service
account.]{.underline} \* \* \* For purposes of this subsection, the LEC
must provide to the appropriate IXC account change information that is
necessary for the IXC to issue timely and accurate bills to its
customers including but not limited to: (1) the customer's billing
telephone number, working telephone number, and billing name and
address; (2) the customer code assigned to that customer by the LEC; (3)
the type of customer account (*i.e.*, business or residential); (4) the
status of the customer's telephone service listing, to the extent
appropriate, as not printed in a directory and not available from
directory assistance, or not printed in a directory but available from
directory assistance; and (5) the jurisdictional scope of the PIC
installation (*i.e.*, intraLATA and/or interLATA and/or international);
(6) the effective date of any change to a customer's local service
account; and (7) the carrier identification code of the IXC.

5\. Section 64.4002(f) is amended by revising the second sentence to
read as follows:

\(f\) [Local service disconnection.]{.underline} \* \* \* In conjunction
with this notification requirement, the LEC must provide to a customer's
PIC(s) all account termination or single/multi-line disconnection change
information necessary for the PIC(s) to maintain accurate billing and
PIC records, including but not limited to: (1) the effective date of the
termination/disconnection; and (2) the customer's working and billing
telephone numbers and billing name and address; (3) the type of customer
account (*i.e.*, business or residential); (4) the jurisdictional scope
of the PIC installation (*i.e.*, intraLATA and/or interLATA and/or
international); and (5) the carrier identification code of the IXC.

6\. Section 64.4002(g) is amended by revising the section to read as
follows:

\(g\) [Change of local service provider.]{.underline} When a customer
changes LECs, the customer's former LEC must notify the customer's
PIC(s) of the customer's change in LEC and, if known, the identity of
the customer's new LEC. If the customer also makes a PIC change, the
customer's former LEC must also notify the customer's former PIC(s) of
the change. When a customer only changes LECs, the new LEC must notify
the customer's current PIC(s) that the customer's PIC selection has not
changed. If the customer also makes a PIC change, the new LEC must
notify the customer's new PIC of the customer's PIC selection. If the
customer's former LEC is unable to identify the customer's new LEC, the
former LEC must notify the customer's PIC(s) of a local service
disconnection as described in subsection (f). The notification also must
contain information, if relevant and to the extent that it is available,
reflecting the fact that an account change was the result of: (1) the
customer porting his number to a new LEC; (2) a local resale arrangement
(customer has transferred to local reseller); or (3) the discontinuation
of a local resale arrangement; (4) the customer's billing telephone
number, working telephone number, and, billing name and address; (5) the
effective date of the change of local service providers or PIC change;
(6) a description of the customer type (*i.e.*, business or
residential); (7) the jurisdictional scope of the lines or terminals
affected (*i.e.*, intraLATA and/or interLATA and/or international); and
(8) the carrier identification code of the IXC.

**APPENDIX B**

**Final Regulatory Flexibility Certification**

1\. The Regulatory Flexibility Act of 1980, as amended (RFA),[^31]
requires that a regulatory flexibility analysis be prepared for
notice-and-comment rulemaking proceedings, unless the agency certifies
that "the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities."[^32] The RFA
generally defines the term "small entity" as having the same meaning as
the terms "small business," "small organization," and "small
governmental jurisdiction."[^33] In addition, the term "small business"
has the same meaning as the term "small business concern" under the
Small Business Act.[^34] A "small business concern" is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).[^35]

2\. On August 9, 2005, the Commission released a Public Notice seeking
comment on the Coalition's proposed clarifications and modifications to
section 64.4002 of the Commission's rules.[^36] This *Order on
Reconsideration* adopts clarifications and modifications that are in the
nature of technical corrections to the Commission's customer account
record exchange rules that do not have a significant economic impact on
entities subject to those rules. First, our modification to subsection
64.4002(d) makes this provision consistent with similar notification
requirements adopted in the *CARE* *Order* simply by requiring a LEC to
confirm its receipt of a particular IXC-initiated notification with an
appropriate response. Similarly, we adopt modifications to subsections
64.4002(e) and (g) to include within the information exchanges
prescribed by those subsections, the same standard categories of
information that carriers routinely must provide in connection with
other notification obligations adopted in the *CARE* *Order*. Changing
these two sections to parallel other sections of the Commission's CARE
rules simplifies and, thereby, reduces the compliance burden. Lastly, we
modify subsections 64.4002(a)(6), (b)(6), (d)(5) and (f)(5) to change
the phrase "carrier identification code of the submitting LEC" to read
"carrier identification code of the submitting IXC." This change adds no
additional compliance burden. The Commission believes that the
compliance burden, and resulting economic impact on entities subject
thereto, will be *de minimus*.

3\. Therefore, we certify for purposes of the RFA that the
clarifications and modifications we adopt in this *Order on
Reconsideration* will not have a significant economic impact on a
substantial number of small entities.

4\. The Commission will send a copy of the *Order on Reconsideration*,
including a copy of this Final Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the SBA.[^37] This final certification
will also be published in the *Federal Register*.[^38]

[^1]: 47 C.F.R. § 64.4002.

[^2]: *Id.*

[^3]: *See* Letter from Michael F. Del Casino, AT&T, to Marlene Dortch,
    FCC (April 15, 2005) (*April 15^th^ Letter*) and Letter from Michael
    F. Del Casino, AT&T, to Marlene Dortch, FCC (June 15, 2005) (*June
    15^th^ Letter*). The Coalition includes representatives of AT&T,
    BellSouth, Qwest, SBC, Sprint, and Verizon (Coalition).

[^4]: *See Rules and Regulations Implementing Minimum Customer Account
    Record Exchange Obligations on All Local and Interexchange
    Carriers*, CG Docket No. 02-386, Report and Order and Further Notice
    of Proposed Rulemaking, 20 FCC Rcd 4560 (2005) (*CARE* *Order*).

[^5]: *See* 47 C.F.R. § 64.4002(a)-(g).

[^6]: *See* 47 C.F.R. § 64.4002(a)-(g). In this context, a PIC order
    refers to a request to change a customer's interLATA or intraLATA
    service.

[^7]: *See* *April 15^th^ Letter* and *June 15^th^ Letter*.

[^8]: *April 15^th^ Letter* at 2 (citing 47 C.F.R. § 64.4002).

[^9]: Consumer & Governmental Affairs Bureau Seeks Comment on Proposed
    Modifications/Clarifications to Rules Governing the Exchange of
    Customer Account Information Between Local and Long Distance
    Carriers, CG Docket No. 02-386, Public Notice, DA 05-2266, 70 Fed.
    Reg. 53137 (Sept. 7, 2005) (*Public Notice*).

[^10]: *See* *Public Notice,* 70 Fed. Reg. 53137 (Sept. 7, 2005).

[^11]: *See* Comments of the Texas Office of Public Utility Counsel at
    1-2.

[^12]: 47 C.F.R. § 64.4002(a)(6), (b)(6), (d)(5), (f)(5).

[^13]: *April 15^th^ Letter* at 1.

[^14]: Subsection 64.4002(d) provides in relevant part: "When a LEC has
    removed at its local switch a presubscribed customer from an IXC's
    network, either in response to a customer order or upon receipt of a
    properly verified PIC order submitted by another IXC, the LEC must
    notify the customer's former IXC of this event..." 47 C.F.R. §
    64.4002(d).

[^15]: *See* *April 15^th^ Letter* (citing 47 C.F.R. § 64.4002(d)).

[^16]: *June 15^th^ Letter*, Attachment.

[^17]: *See* *CARE Order*, 20 FCC Rcd at 4576 (citing Texas PUC Comments
    at 3).

[^18]: Subsection 64.4002(e) provides: "When, according to a LEC's
    records, certain account or line information changes occur on a
    presubscribed customer's account, the LEC must communicate this
    information (continued...) (...continued from previous page) to the
    customer's PIC. For purposes of this subsection, the LEC must
    provide to the appropriate IXC account change information that is
    necessary for the IXC to issue timely and accurate bills to its
    customers including but not limited to: (1) the customer's billing
    telephone number, working telephone number, and billing name and
    address; (2) the customer code assigned to that customer by the LEC;
    (3) the type of customer account (*i.e.*, business or residential);
    (4) the status of the customer's telephone service listing, to the
    extent appropriate, as not printed in a directory and not available
    from directory assistance, or not printed in a directory but
    available from directory assistance; and (5) the jurisdictional
    scope of the PIC installation (*i.e.*, intraLATA and/or interLATA
    and/or international). If there are changes to the customer's
    billing or working telephone number, customer code, or customer
    type, the LEC must supply both the old and new information for each
    of these categories." 47 C.F.R. § 64.4002(e).

[^19]: *See* *April 15^th^ Letter* (citing 47 C.F.R. § 64.4002(e)).

[^20]: *See* *April 15^th^ Letter* (citing 47 C.F.R. § 64.4002(e), (g)).

[^21]: Subsection 64.4002(g) provides in relevant part: "When a customer
    changes LECs, the customer's former LEC must notify the customer's
    PIC(s) of the customer's change in LEC and, if known, the identity
    of the customer's new LEC. When a customer only changes LEC, the new
    LEC must notify the customer's current PIC(s) that the customer's
    PIC selection has not changed. If the customer also makes a PIC
    change, the customer's former LEC must notify the customer's former
    PIC(s) of the change and the new LEC must notify the customer's new
    PIC of the customer's PIC selection. . . ." 47 C.F.R. § 64.4002(g).

[^22]: *See* *April 15^th^ Letter* (citing 47 C.F.R. § 64.4002(g)).

[^23]: *See* 47 C.F.R § 64.4002(a), (b), (d), (e).

[^24]: *April 15^th^ Letter* at 2 (citing 47 C.F.R. § 64.4002(g)).

[^25]: *See* Letter from Michael F. Del Casino, AT&T, to Marlene Dortch,
    FCC (January 19, 2006) (*January 19^th^ Letter*).

[^26]: *See* 47 C.F.R. § 64.4002(g).

[^27]: *See* *January 19^th^ Letter* at 2.

[^28]: *See* *January 19^th^ Letter* at 2.

[^29]: We note that, as with all CARE requirements, the former LEC in
    this situation is required to inform the former PIC of the change in
    PIC only to the extent that that information is reasonably available
    to it. *See CARE Order*, 20 FCC Rcd at 4573, para. 12.

[^30]: 5 U.S.C. §§ 601 *et seq.*

[^31]: The RFA, *see* 5 U.S.C. § 601 -- 612, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^32]: 5 U.S.C. § 605(b).

[^33]: 5 U.S.C. § 601(6).

[^34]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies "unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^35]: 15 U.S.C. § 632.

[^36]: *See* *Public Notice*, 70 Fed. Reg. 53137 (Sept. 7, 2005).

[^37]: 5 U.S.C. § 605(b).

[^38]: 5 U.S.C. § 605(b).