[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66147-66148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27833]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[WC Docket No. 17-84; FCC 18-74]


Accelerating Wireline Broadband Deployment by Removing Barriers 
to Infrastructure Investment

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's 
discontinuance rules. This document is consistent with the Accelerating 
Wireline Broadband Deployment by Removing Barriers to Infrastructure 
Investment Second Report and Order, FCC 18-74, which stated that the 
Commission would publish a document in the Federal Register announcing 
the effective date of those rules.

DATES: The amendments to 47 CFR 63.71(f), (h), (k) introductory text, 
(k)(1) and (3), and (l), published at 83 FR 31659, July 9, 2018, are 
effective on December 26, 2018.

FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Special Counsel, 
Wireline Competition Bureau, at (202) 418-1477, or by email at 
<a href="/cdn-cgi/l/email-protection#1954707a717c757c375b7c6b75766f7c597f7a7a377e766f"><span class="__cf_email__" data-cfemail="602d090308050c054e2205120c0f1605200603034e070f16">[email protected]</span></a>.
    For additional information concerning the Paperwork Reduction Act 
information collection requirements, contact Nicole Ongele at (202) 
418-2991 or <a href="/cdn-cgi/l/email-protection#97f9fef4f8fbf2b9f8f9f0f2fbf2d7f1f4f4b9f0f8e1"><span class="__cf_email__" data-cfemail="27494e44484b4209484940424b426741444409404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document announces that, on December 6, 
2018, OMB approved, for a period of three years, the information 
collection requirements relating to certain discontinuance rules 
contained in the Commission's Accelerating Wireline Broadband 
Deployment by Removing Barriers to Infrastructure Investment Second 
Report and Order, FCC 18-74, published at 83 FR 31659, July 9, 2018, as 
specified above.
    The OMB Control Number is 3060-0149. The Commission publishes this 
document as an announcement of the effective date of the rules. If you 
have any comments on the burden estimates listed below, or how the 
Commission can improve the collections and reduce any burdens caused 
thereby, please contact Nicole Ongele, Federal Communications 
Commission, Room 1-A620, 445 12th Street SW, Washington, DC 20554. 
Please include the OMB Control Number, 3060-0149, in your 
correspondence. The Commission will also accept your comments via email 
at <a href="/cdn-cgi/l/email-protection#3d6d6f7c7d5b5e5e135a524b"><span class="__cf_email__" data-cfemail="e4b4b6a5a4828787ca838b92">[email protected]</span></a>.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to <a href="/cdn-cgi/l/email-protection#492f2a2a7c797d092f2a2a672e263f"><span class="__cf_email__" data-cfemail="bfd9dcdc8a8f8bffd9dcdc91d8d0c9">[email protected]</span></a> or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on December 6, 2018, for the information collection 
requirements contained in the modifications to the Commission's rules 
in 47 CFR part 63.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control

[[Page 66148]]

Number. The OMB Control Number is 3060-0149.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0149.
    OMB Approval Date: December 6, 2018.
    OMB Expiration Date: December 31, 2021.
    Title: Part 63, Accelerating Wireline Broadband Deployment by 
Removing Barriers to Infrastructure Investment, WC Docket No. 17-84, 
FCC 18-74.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 80 respondents; 88 responses.
    Estimated Time per Response: 6-63 hours.
    Frequency of Response: One-time reporting requirement and third-
party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
47 U.S.C. Sections 214 and 402 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 1,086 hours.
    Total Annual Cost: $27,900.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: The Commission is not 
requesting that the respondents submit confidential information to the 
FCC. Respondents may, however, request confidential treatment for 
information they believe to be confidential under 47 CFR 0.459 of the 
Commission's rules.
    Needs and Uses: The Commission is seeking Office of Management and 
Budget (OMB) approval for a revision of a currently approved collection 
to OMB. The Commission will submit this information collection after 
this 60-day comment period. Section 214 of the Communications Act of 
1934, as amended, requires that a carrier must first obtain FCC 
authorization either to (1) construct, operate, or engage in 
transmission over a line of communications; or (2) discontinue, reduce 
or impair service over a line of communications. Part 63 of title 47 of 
the Code of Federal Regulations (CFR) implements Section 214. Part 63 
also implements provisions of the Cable Communications Policy Act of 
1984 pertaining to video which was approved under this OMB Control 
Number 3060-0149. In 2009, the Commission modified part 63 to extend to 
providers of interconnected Voice of internet Protocol (VoIP) service 
the discontinuance obligations that apply to domestic non-dominant 
telecommunications carriers under Section 214 of the Communications Act 
of 1934, as amended. In 2014, the Commission adopted improved 
administrative filing procedures for domestic transfers of control, 
domestic discontinuances and notices of network changes, and among 
other adjustments, modified part 63 to require electronic filing for 
applications for authorization to discontinue, reduce, or impair 
service under section 214(a) of the Act. In July 2016, the Commission 
concluded that applicants seeking to discontinue a legacy time division 
multiplexing (TDM)-based voice service as part of a transition to a new 
technology, whether internet Protocol (IP), wireless, or another type 
(technology transition discontinuance application) must demonstrate 
that an adequate replacement for the legacy service exists in order to 
be eligible for streamlined treatment and revised part 63 accordingly. 
The Commission concluded that an applicant for a technology transition 
discontinuance may demonstrate that a service is an adequate 
replacement for a legacy voice service by certifying or showing that 
one or more replacement service(s) offers all of the following: (i) 
Substantially similar levels of network infrastructure and service 
quality as the applicant service; (ii) compliance with existing federal 
and/or industry standards required to ensure that critical applications 
such as 911, network security, and applications for individuals with 
disabilities remain available; and (iii) interoperability and 
compatibility with an enumerated list of applications and 
functionalities determined to be key to consumers and competitors (the 
``adequate replacement test'').
    In June 2018, the Commission further modified the rules applicable 
to section 214(a) discontinuance applications. First, all carriers, 
whether dominant or non-dominant, that seek approval to grandfather 
data services below speeds of 25 Mbps download speed and 3 Mbps upload 
speed are now subject to a uniform reduced public comment period of 10 
days and an automatic grant period of 25 days. Second, all carriers, 
whether dominant or non-dominant, seeking authorization to discontinue 
data services below speeds of 25 Mbps download speed and 3 Mbps upload 
speed that have previously been grandfathered for a period of at least 
180 days are subject to a uniform reduced public comment period of 10 
days and an automatic grant period of 31 days, provided they submit a 
statement as part of their discontinuance application that they have 
received Commission authority to grandfather the services at issue at 
least 180 days prior to the filing of the discontinuance application. 
This statement must reference the file number of the prior Commission 
authorization to grandfather the services the carrier now seeks to 
permanently discontinue. Third, carriers are no longer required to file 
an application to discontinue, reduce, or impair any service for which 
it has had no customers and no request for service for at least a 30-
day period immediately preceding the discontinuance. Fourth, all 
carriers, whether dominant or non-dominant, that seek approval to 
discontinue legacy voice service can obtain further streamlined 
processing with a public comment period of 15 days and an automatic 
grant period of 31 days, provided (1) they offer a stand-alone 
interconnected VoIP service throughout the service area, and (2) at 
least one alternative stand-alone, facilities-based voice service is 
available from an unaffiliated provider throughout the affected service 
area (the ``alternative options test''). Finally, all carriers, whether 
dominant or non-dominant, that seek approval to grandfather legacy 
voice service are now subject to a uniform reduced public comment 
period of 10 days and an automatic grant period of 25 days. The 
Commission estimates that it will receive three fewer section 214(a) 
discontinuance applications annually in light of the Commission's 
forbearance from applying its section 214(a) discontinuance 
requirements to services for which the carrier has had no customers and 
no reasonable requests for service during the preceding 30-day period. 
The Commission also anticipates that the number of respondents and 
responses under the adequate replacement test will likely decrease from 
5 and 25, respectively, to 2 and 10, respectively. The remaining 15 
responses previously attributable to the adequate replacement test will 
likely proceed pursuant to the less rigorous alternative options test. 
The Commission estimates that the total annual burden of the entire 
collection, as revised, is reduced from 1,923 hours to 1,086 hours.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-27833 Filed 12-21-18; 8:45 am]
 BILLING CODE 6712-01-P


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