[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Proposed Rules]
[Pages 11407-11409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4642]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 51, 53, 63, 64

[CC Docket Nos. 95-20, 98-10, WC Docket No. 10-132; FCC 11-15]


Review of Wireline Competition Bureau Data Practices, Computer 
III Further Remand Proceedings: Bell Operating Company Provision of 
Enhanced Services

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the Commission proposes the removal of the 
narrowband comparably efficient interconnection (CEI) and open network 
architecture (ONA) reporting requirements that currently apply to the 
Bell Operating Companies (BOCs) due to a lack of continuing relevance 
and utility. The Notice of Proposed Rulemaking continues the 
Commission's examination of its data practices through the Data 
Innovation Initiative, including identification of data collections 
that can be eliminated without reducing the effectiveness of the 
Commission's decision-making process.

DATES: Comments are due on or before April 1, 2011 and reply comments 
are due on or before April 18, 2011. Written comments on the Paperwork 
Reduction Act proposed or modified information collection requirements 
must be submitted by the public, Office of Management and Budget (OMB), 
and other interested parties on or before May 2, 2011.

ADDRESSES: You may submit comments, identified by WC Docket No.10-132, 
by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#5a1c19196f6a6e1a3c3939743d352c"><span class="__cf_email__" data-cfemail="73353030464347331510105d141c05">[email protected]</span></a> or phone: (202) 
418-0530 or TTY: (202) 418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via e-mail to <a href="/cdn-cgi/l/email-protection#c595978485a3a6a6eba2aab3"><span class="__cf_email__" data-cfemail="62323023220401014c050d14">[email protected]</span></a> and to Nicholas A. 
Fraser, Office of Management and Budget, via e-mail to <a href="/cdn-cgi/l/email-protection#90def9f3f8fffcf1e3cfd1becfd6e2f1e3f5e2d0fffdf2bef5ffe0bef7ffe6"><span class="__cf_email__" data-cfemail="246a4d474c4b4845577b650a7b625645574156644b49460a414b540a434b52">[email protected]</span></a> or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Jeremy Miller at (202) 418-1507, 
Wireline Competition Bureau, Industry Analysis and Technology Division. 
For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, send an 
e-mail to <a href="/cdn-cgi/l/email-protection#23737162634540400d444c55"><span class="__cf_email__" data-cfemail="41111300012722226f262e37">[email protected]</span></a> or contact Judith Boley Herman at 202-418-0214.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rulemaking (NPRM) in CC Docket Nos. 95-20, 98-10 and 
WC Docket No. 10-132, adopted and released on February 8, 2011. The 
complete text of this document is available for inspection and copying 
during normal business hours in the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
The document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-
2893, facsimile (202) 863-2898, or via the Internet at http://www.bcpiweb.com. It is also available on the Commission's Web site at 
http://www.fcc.gov.
    Comments and reply comments must include a short and concise 
summary of the substantive arguments raised in the pleading. Comments 
and reply comments must also comply with Section 1.49 and all other 
applicable Sections of the Commission's rules. We direct all interested 
parties to include the name of the filing party and the date of the 
filing on each page of their comments and reply comments. All parties 
are encouraged to utilize a table of contents, regardless of the length 
of their submission. We also strongly encourage parties to track the 
organization set forth in the NPRM in order to facilitate our internal 
review process.

Initial Paperwork Reduction Act of 1995 Analysis

    This document proposes to eliminate the remaining narrowband BOC-
specific CEI and ONA reporting requirements, and seeks comment on this 
proposal. Subsequent reporting requirements related to the NPRM are not 
likely, and

[[Page 11408]]

if any reporting requirements are later adopted pursuant to this NPRM, 
it is too speculative at this time to request comment from the OMB or 
interested parties under Section 3507(d) of the Paperwork Reduction 
Act, 44 U.S.C. 3507(d). Therefore, if the Commission determines that 
reporting is required, it will seek comment from the OMB and interested 
parties prior to any such requirements taking effect. Nevertheless, 
interested parties are encouraged to comment on whether the elimination 
of the BOC-specific CEI and ONA reporting requirements is necessary. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
we will seek specific comment on how we might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.'' Nevertheless, interested parties are encouraged to 
comment on whether elimination of the BOC-specific CEI and ONA 
reporting requirements is necessary.

Synopsis of the Further Notice of Proposed Rulemaking

I. Introduction

    1. In the Notice of Proposed Rulemaking, we continue the 
Commission's examination of its data practices through the Data 
Innovation Initiative, including the identification of data collections 
that can be eliminated without reducing the effectiveness of our 
decision-making. In this proceeding, we propose the removal of the 
narrowband comparably efficient interconnection (CEI) and open network 
architecture (ONA) reporting requirements that currently apply to the 
Bell Operating Companies (BOCs) due to a lack of continuing relevance 
and utility, and we seek comment on that proposal.

II. Background

    2. The Commission initiated its Computer Inquiry proceedings more 
than 40 years ago, and imposed CEI and ONA obligations in the Computer 
III proceedings over 20 years ago. The Commission has described the 
origins and development of those dockets elsewhere in detail. The 
Commission adopted comparably efficient interconnection (CEI), open 
network architecture (ONA), and other nonstructural requirements as 
alternatives to the Computer II structural separation requirements for 
the BOCs.
    3. A BOC that complies with the CEI obligations may offer enhanced 
services on an integrated basis so long as (i) the BOC's enhanced 
services operations take under tariff the basic services it uses in 
offering enhanced services and (ii) the basic services are made 
available to other enhanced service providers and users under the same 
tariffs on an unbundled and functionally equal basis. In addition, the 
BOC may not discriminate in favor of its own enhanced services 
operations in providing CEI and must file reports to substantiate that 
nondiscrimination. BOCs also must post service-specific CEI plans on 
the Internet (i.e., one CEI plan per service or group of services) that 
describe and demonstrate how a BOC is providing unaffiliated enhanced 
service providers with equal access to its basic services by its 
compliance with nine CEI parameters.
    4. Unlike CEI plans, ONA plans apply to enhanced services generally 
and impose more specific and comprehensive unbundling requirements on 
the BOCs, not unlike Section 251's facilities unbundling obligations. 
Through ONA, BOCs must separate key components of their basic services 
into ``basic service elements,'' and make those components, or building 
blocks, available to unaffiliated enhanced service providers to build 
new services regardless of whether the BOC's affiliated enhanced 
services operations use these unbundled components. In refining its 
rules for filing ONA plans, the Commission subsequently categorized the 
BOCs' ``basic service elements'' into four groups, which the BOCs are 
required to make available to information services providers. In a 
subsequent order, the Commission also determined that certain 
operations support systems (OSS) capabilities--namely service order 
entry and status; trouble reporting and status; diagnostics, 
monitoring, testing, and network reconfiguration; and traffic data 
collection--are ONA services under the Commission's ONA rules. Finally, 
the ONA rules contain certain procedural requirements governing the 
amendment of ONA plans. These procedures allow information service 
providers to request and receive new ONA services and impose various 
annual, semi-annual, and quarterly reporting requirements.
    5. As part of its 1998 Biennial Review, the Commission sought 
comment on the interplay between the safeguards and terminology 
established in the Telecommunications Act of 1996 and the Computer III 
regime, including the continued application of the Computer III 
safeguards to BOC provision of enhanced services. In 2001, the Common 
Carrier Bureau invited parties to update and refresh the record in 
these proceedings, 66 FR 1506, March 15, 2001.
    6. In 2005, the Commission relieved the BOCs from CEI and ONA 
obligations with respect to wireline broadband Internet access services 
offered by facilities-based providers in the Wireline Broadband 
Internet Access Services Order, 70 FR 60222, October 17, 2005. In 2006, 
Verizon obtained additional relief from Computer Inquiry requirements 
when its petition for forbearance regarding enterprise broadband 
services was deemed granted by operation of law without a vote by the 
Commission, pursuant to Section 10 of the Act. In 2007, the Commission 
forbore from applying the Computer III and other BOC-specific Computer 
Inquiry rules to any of AT&T's broadband information services to 
provide AT&T parity with Verizon. The Commission concluded, among other 
things, that application of the Computer III CEI and ONA requirements 
unnecessarily constrains how AT&T may offer its broadband transmission 
services to its enterprise customers, and that removal would promote 
competitive market conditions by increasing the competitive pressure on 
all enterprise service providers. The Commission subsequently extended 
the same relief to Qwest.
    7. In 2010, as part of the agency's reform agenda to improve its 
fact-based, data-driven decision making, the Wireline Competition 
Bureau (Bureau) initiated an examination of its data practices to 
improve the way the Commission collects, uses and disseminates data. 
The Bureau solicited and received recommendations with regard to four 
issues: (1) The utility and rationale for each of its existing data 
collections; (2) additional data that commenters believe the Bureau 
needs to inform Commission policymaking activities; (3) how it may 
improve collection and analysis processes for existing collections; and 
(4) how it may improve dissemination of reports and analyses it 
produces.

III. Discussion

    8. We propose to eliminate the remaining narrowband BOC-specific 
CEI and ONA reporting requirements, and seek comment on this proposal. 
In its comments, Verizon asserts that these obligations can increase 
the BOCs' costs of providing information services, and that there is no 
reason for any of these requirements to continue. AT&T asks the Bureau 
to determine whether the benefits of the data collected outweigh the 
burdens associated with its collection, and seeks the elimination of 
these requirements. No commenter or

[[Page 11409]]

reply commenter in this docket argues for the retention of any of the 
BOC-specific CEI and ONA reporting requirements.
    9. The record supports this proposal. No commenter to the WCB Data 
Innovation Initiative Public Notice has identified any utility to any 
service provider for the reports and filings that BOCs must generate to 
comply with CEI and ONA, and since the Commission does not rely on any 
of these submissions in the course of its decision making, we propose 
elimination of these remaining Computer III requirements. Further, in 
both the 2006 and 2008 Biennial Review proceedings, where the BOCs 
sought elimination of the CEI and ONA reporting requirements pursuant 
to Section 11 of the Act, no commenter voiced any opposition to their 
elimination or advocated in support of their continued application.

IV. Procedural Matters

A. Ex Parte Presentations
    10. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one or two sentence description of the views and 
arguments presented is generally required. Other requirements 
pertaining to oral and written presentations are set forth in Section 
1.1206(b) of the Commission's rules.
B. Comment Filing Procedures
    11. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. All pleadings are to reference CC Docket Nos. 95-20, 98-10 
and WC Docket No. 10-132. Comments may be filed using: (1) The 
Commission's Electronic Comment Filing System (ECFS), (2) the Federal 
Government's eRulemaking Portal, or (3) by filing paper copies.
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    <bullet> Paper Filers: 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, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    <bullet> All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street, SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. The filing 
hours are 8 a.m. to 7 p.m.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f89e9b9bcdc8ccb89e9b9bd69f978e">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 
418-0432 (tty).
    12. Parties should send a copy of each filing to the Competition 
Policy Division, Wireline Competition Bureau, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#084b584c6b6778616d7b486e6b6b266f677e"><span class="__cf_email__" data-cfemail="35766571565a455c5046755356561b525a43">[email protected]</span></a>. Parties shall also serve one copy with the 
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
(202) 488-5300, or via e-mail to <a href="/cdn-cgi/l/email-protection#d3b5b0b093b1b0a3baa4b6b1fdb0bcbe"><span class="__cf_email__" data-cfemail="5d3b3e3e1d3f3e2d342a383f733e3230">[email protected]</span></a>.
    13. Filings and comments will be available for public inspection 
and copying during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone: (202) 
488-5300, fax: (202) 488-5563, or via e-mail http://www.bcpiweb.com.

V. Ordering Clauses

    14. Accordingly, it is ordered that, pursuant to Sections 1, 2, 4, 
10, 11, 201-205, 251, 271, 272, 274-276, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154, 160, 
161, 201-205, 251, 271, 272, 274-276, and 303(r) the Notice of Proposed 
Rulemaking is adopted.
    15. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy 
of the Small Business Administration.

Initial Regulatory Flexibility Analysis

    16. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that an initial 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.'' The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. 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). SBA defines small 
telecommunications entities as those with 1,500 or fewer employees. 
This proceeding pertains to the BOCs which, because they would not be 
deemed a ``small business concern'' under the Small Business Act and 
have more than 1,500 employees, do not qualify as small entities under 
the RFA. Therefore, we certify that the proposals in this Notice of 
Proposed Rulemaking, if adopted, will not have a significant economic 
impact on a substantial number of small entities.
    17. The Commission will send a copy of the Notice of Proposed 
Rulemaking, including a copy of this Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the SBA. This 
initial certification will also be published in the Federal Register.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-4642 Filed 3-1-11; 8:45 am]
BILLING CODE 6712-01-P


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