[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Proposed Rules]
[Pages 72773-72777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29669]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 10-207 and 09-158; FCC 10-180]


Empowering Consumers to Avoid Bill Shock; Consumer Information 
and Disclosure

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes rules that would 
require mobile service providers to provide usage alerts and 
information that will assist consumers in avoiding unexpected charges 
on their bills. The Commission believes its proposals will allow 
consumers to understand the costs associated with use of their mobile 
service plans and take advantage of safeguards against bill shock by 
providing them with timely information to better manage those costs and 
thereby avoid incurring unexpected charges on their bills.

DATES: Comments are due on or before December 27, 2010. Reply comments 
are due on or before January 25, 2011. Written comments on the proposed 
information collection requirements, subject to the Paperwork Reduction 
Act of 1995, Public Law 104-13 (PRA), should be submitted on or before 
January 25, 2011.

ADDRESSES: You may submit comments, identified by [CG Docket No. 10-
207], by any of the following methods:
    [dec222] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS) http://fjallfoss.fcc.gov/ecfs2/ or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments and 
transmit one electronic copy of the filing to each docket number 
referenced in the caption, which in this case is CG Docket No. 10-207. 
For ECFS filers, in completing the transmittal screen, filers should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket number.
    Parties may also submit an electronic comment by Internet e-mail. 
To get filing instructions, filers should send an e-mail to 
<a href="/cdn-cgi/l/email-protection#a6c3c5c0d5e6c0c5c588c1c9d0"><span class="__cf_email__" data-cfemail="2045434653604643430e474f56">[email protected]</span></a>, and include the following words in the body of the 
message, ``get form <your e-mail address>.'' A sample form and 
directions will be sent in response.
    [dec222] Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Because two docket 
numbers appear in the caption of this proceeding, filers must submit 
two additional copies for the additional docket number. In addition, 
parties must send one copy to the Commission's duplicating contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Washington, DC 
20554, or via e-mail to <a href="/cdn-cgi/l/email-protection#92f4f1f1d2f0f1e2fbe5f7f0bcf1fdff"><span class="__cf_email__" data-cfemail="492f2a2a092b2a39203e2c2b672a2624">[email protected]</span></a>. 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.
    [dec222] All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., 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.
    [dec222] 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. U.S. Postal Service first-class, 
Express, and Priority mail must be addressed to 445 12th Street, SW., 
Washington, DC 20554.
    In addition, document FCC 10-180 contains proposed information 
collection requirements subject to the PRA. It will be submitted to the 
Office of Management and Budget (OMB) for review under section 3507 of 
the PRA. OMB, the general public, and other Federal agencies are 
invited to comment on the proposed information collection requirements 
contained in this document. PRA comments should be submitted to Cathy 
Williams, Federal Communications Commission via e-mail at <a href="/cdn-cgi/l/email-protection#acfcfeedeccacfcf82cbc3da"><span class="__cf_email__" data-cfemail="f4a4a6b5b4929797da939b82">[email protected]</span></a> 
and <a href="/cdn-cgi/l/email-protection#642705100c1d4a330d08080d050917240207074a030b12"><span class="__cf_email__" data-cfemail="561537223e2f78013f3a3a3f373b251630353578313920">[email protected]</span></a>, and to Nicholas A. Fraser, Office of 
Management and Budget, via fax at (202) 395-5167, or via e-mail to 
<a href="/cdn-cgi/l/email-protection#df91b6bcb7b0b3beac809ef18099adbeacbaad9fb0b2bdf1bab0aff1b8b0a9"><span class="__cf_email__" data-cfemail="246a4d474c4b4845577b650a7b625645574156644b49460a414b540a434b52">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Richard D. Smith, Consumer and 
Governmental Affairs Bureau, Policy Division, at (717) 338-2797 
(voice), or e-mail <a href="/cdn-cgi/l/email-protection#73211a101b1201175d201e1a071b331510105d141c05"><span class="__cf_email__" data-cfemail="f1a3989299908395dfa29c988599b1979292df969e87">[email protected]</span></a>.
    For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, at (202) 418-2918, or via 
e-mail <a href="/cdn-cgi/l/email-protection#8ac9ebfee2f3a4dde3e6e6e3ebe7f9caece9e9a4ede5fc"><span class="__cf_email__" data-cfemail="7033110418095e27191c1c19111d03301613135e171f06">[email protected]</span></a>.

[[Page 72774]]


SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Empowering Consumers to Avoid Bill Shock; Consumer Information and 
Disclosure, Notice of Proposed Rulemaking (NPRM), document FCC 10-180, 
adopted and released on October 14, 2010, in CG Docket Nos. 10-207 and 
09-158. The full text of document FCC 10-180 and copies of any 
subsequently filed documents in this matter will be available for 
public inspection and copying via ECFS, and 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: (800) 378-3160, fax: (202) 488-5563, 
or Internet: http://www.bcpiweb.com. Document FCC 10-180 can also be 
downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/cgb/policy. 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#ec8a8f8fd9dcd8ac8a8f8fc28b839a"><span class="__cf_email__" data-cfemail="02646161373236426461612c656d74">[email protected]</span></a> or call the Consumer and 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY). To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.
    Pursuant to 47 CFR 1.1200 et seq., this matter 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 substances 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 rules pertaining to oral and written ex parte presentations in 
permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b).

Initial Paperwork Reduction Act of 1995 Analysis

    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and OMB to comment on the 
proposed information collection requirements contained in this 
document, as required by the PRA. Public and agency comments are due 
January 25, 2011. Comments should address: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the 
Commission seeks specific comment on how it may ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    OMB Control Number: 3060-XXXX.
    Title: Empowering Consumers to Avoid Bill Shock; Consumer 
Information and Disclosure, CG Docket Nos. 10-207 and 09-158.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 1,500 respondents and 3,000 
responses.
    Estimated Time per Response: 40 to 100 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for these proposed information collections is found 
at sections 1-2, 4, 201, 258, 301, 303, 332, and 403 of the 
Communications Act of 1934, as amended.
    Total Annual Burden: 210,000 hours.
    Total Annual Costs: $10,000,000.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information from 
individuals.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: In document FCC 10-180, the Commission proposes 
rules that would require mobile service providers to provide usage 
alerts, such as voice or text messages, to subscribers when they are 
approaching or reach an allotted limit of voice, text or data usage or 
are incurring international or roaming charges. In addition, the 
Commission proposes that mobile service providers make clear and 
ongoing disclosure of any tools they offer which allow subscribers to 
set usage limits or monitor usage balances. The provision of this 
information in a timely and easily accessible manner will allow 
consumers to avoid incurring sudden, unexpected charges on their 
wireless bills.

Synopsis

    In document FCC 10-180, the Commission proposes that mobile 
providers actively provide consumers with notification messages to 
assist them in managing the costs of using their service and ensure 
that subscribers are not shocked by overage or roaming charges. 
Specifically, the Commission proposes that mobile providers provide 
notification when a subscriber is approaching their plan's allotted 
limit for voice, text, or data usage. The Commission seeks comment on 
whether such notifications should be provided in ``real time,'' 
including any technical limitations or other considerations that should 
be taken into consideration when reviewing this issue. How should such 
notifications be provided in the case of multi-line family plans? The 
Commission seeks comment on the most effective way to provide this 
notification to consumers, including methods such as providing voice or 
text alerts. In addition, the Commission seeks comment on whether we 
should establish a precise usage level at which this initial 
notification message would be triggered. In reviewing this issue, the 
Commission seeks comment on the utility of providing multiple usage 
alerts to the consumer against the potential burdens to the wireless 
providers--particularly smaller providers--who must supply them. The 
Commission seeks comment on whether there are aspects of the existing 
usage alert systems or other tools that have proven particularly 
helpful to consumers in avoiding bill shock that it should consider 
incorporating in any rule it adopts to reduce bill shock. 
Alternatively, are there aspects of those tools that have reduced their 
effectiveness for consumers and should not be adopted? The Commission 
also

[[Page 72775]]

seeks comment on what it can learn from the experience with bill shock 
regulation in the European Union.
    In addition, the Commission proposes that mobile providers supply a 
notification message to consumers once they reach their monthly 
allotment limit and begin incurring overage charges. The Commission 
seeks comment on whether it is sufficient to notify consumers that they 
have begun incurring overage charges or whether specific cost 
information and cut off mechanisms such as these would also be useful 
to consumers or create additional challenges. In that regard, the 
Commission seeks to balance consumer protections and expectations with 
the costs and technical limitations that might arise by imposing any 
additional requirements. In this regard, are there concerns or issues 
the Commission should consider with respect to smaller, regional and/or 
rural mobile providers? Moreover, the Commission does not intend for 
any alert system to hamper the ability of consumers to complete 
critical voice or data communications such as access to E911, and seeks 
comment on how to avoid such effects. In addition, the Commission seeks 
comment on whether consumers should be allowed to opt-out if they 
determine that they do not want to receive these mandatory usage alerts 
from their mobile service provider.
    Similarly, the Commission proposes that mobile service providers 
supply a notification message to consumers when they are about to incur 
international or other roaming charges in excess of their normal rates. 
The Commission seeks comment on the technical feasibility of providing 
such international alerts, including whether such alerts require, in 
any way, the international provider's cooperation or any changes to its 
network. How often should such international alerts be provided? For 
example, should an alert be provided every time a consumer is about to 
incur international roaming charges? Should the Commission also require 
mobile providers to better disclose how to turn off any mobile device 
function that cause them to incur roaming charges? Several industry 
commenters contend that domestic roaming in the United States presents 
fewer difficulties to consumers because there is little or no domestic 
roaming for many subscribers. To what extent, if any, should this 
factor into our analysis? For example, should any roaming notification 
requirement be limited to international situations? Or should 
notification also be required for regional providers that use partners 
for domestic roaming? In addition, the Commission seeks comment on 
whether such notifications should include the applicable rates and 
associated charges for international or roaming charges, including any 
technical limitations--particularly for smaller providers--of providing 
this level of information in real time.
    The Commission seeks comment on the length of time that would be 
required for mobile providers to implement any such usage alert 
requirement based upon a proposal that requires providers to notify 
subscribers when they are approaching and then reach the 100 percent 
threshold mark of their monthly usage allotment. Based on the comments 
received in response to the Bill Shock PN, published at 75 FR 28249, 
May 20, 2010, it may be easier for the national providers to start 
providing alerts. As a result, the Commission seeks comment on whether 
there are concerns, issues or cost considerations to implement such 
usage alerts that it should consider with respect to smaller, regional 
and/or rural mobile providers. Is there a need for varying 
implementation schedules between the larger and smaller, regional and/
or rural providers to alleviate the burden for smaller providers? If 
so, what are the exact timeframes by which providers could modify their 
existing systems to comply with this requirement? Alternatively, should 
the Commission consider exempting smaller, regional and/or rural 
providers from any usage alert or roaming requirement due to the costs 
such a requirement might impose on them? If so, what size providers 
should this exemption apply to?

Methods for Reviewing and Capping Usage

    The Commission proposes that mobile providers make clear, 
conspicuous and ongoing disclosure of any tools they offer which allow 
subscribers to either limit usage or monitor usage history. The 
Commission seeks additional information about the methods available for 
monitoring usage balances and ways to limit usage available to 
subscribers of smaller, regional, and rural mobile providers. 
Specifically, the Commission seeks comment on the best methods to 
ensure that consumers are made aware of the available tools for 
monitoring usage balances and limiting usage, how to access these tools 
and any applicable charges. For example, should mobile providers be 
required to provide this information on their bills or in annual bill 
inserts? What would be the most cost effective way to better ensure 
that consumers have access to this information and make full use of the 
currently available tools that can protect subscribers from bill shock? 
In particular, the Commission seeks comment on these issues as they 
relate to consumers with disabilities. What is the best method to 
minimize costs for smaller, regional and/or rural mobile providers 
while ensuring their customers have access to this information? The 
Commission seeks comment on how effective the existing usage controls 
have been in helping consumers avoid bill shock. The Commission also 
seeks comment on the extent to which the effectiveness of usage 
controls is impacted by the conditions under which they are provided to 
consumers. To the extent that existing usage control tools have proven 
effective in addressing bill shock, the Commission seeks comment on 
whether it should explore the possibility of mandating that all mobile 
service providers offer consumers the means to set their own usage 
limits. For example, should consumers be allowed to cap their usage in 
advance at a level specified by the customer (either for individual 
users or the entire account) or allowed to opt-out entirely of certain 
services (e.g. text messages) so that they cannot incur charges for any 
service that they don't want. Would such a requirement be overly 
burdensome for smaller, regional and rural providers?

Prepaid Services

    The Commission seeks comment on whether prepaid mobile services 
should be exempt from any usage alert requirements that might evolve 
from this proceeding to address consumer bill shock. Prepaid services 
include traditional, pay-as-you-go services, in which customers buy 
minutes ahead of time on a card, as well as unlimited prepaid services, 
in which customers pay in advance for unlimited voice and/or data 
services each month with no long-term contract. The Commission seeks 
comment on these analyses, including those situations in which prepaid 
service users might benefit from receiving usage alerts. The Commission 
asks that parties distinguish between traditional, pay-as-you-go and 
unlimited prepaid services in their comments.

Scope of Covered Entities and Services and Legal Authority

    The Commission seeks comment on the types of wireless services that 
should be covered by our proposals. Should any rules the Commission 
adopts apply to all communications services provided by mobile wireless 
providers, including voice, text, and data services? Should providers 
of mobile data services that do not also offer Commercial Mobile Radio 
Service

[[Page 72776]]

(CMRS) be included? Although mobile data services may be provided by 
companies that are also CMRS carriers, such services may also be 
provided by entities that do not offer any CMRS. Therefore, the 
Commission seeks comment on whether the scope of covered entities 
should be broader than CMRS providers. On the other hand, are there 
services for which these rules are not necessary?
    Next, the Commission seeks comment on the best sources of authority 
for the Commission to adopt bill shock related obligations for the 
different types of mobile wireless services. Several provisions of 
Title III provide the Commission authority to establish license 
conditions in the public interest. In addition, to the extent that some 
of the mobile services covered by the rules promulgated in this 
proceeding are common carrier or telecommunications services, what 
other provisions of the Act, in Title II or elsewhere, would provide 
the Commission additional authority to impose bill shock-related 
obligations? What other authority-related issues should the Commission 
consider?

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended, 
(RFA), the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in document FCC 10-180. Written public comments are requested on this 
IRFA. Comments must be identified as responses to the IRFA and must be 
filed by the deadlines for comments on document FCC 10-180 provided on 
the first page of this document. The Commission will send a copy of 
document FCC 10-180, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.

Need for, and Objectives of, the Proposed Rules

    In document FCC 10-180, the Commission summarized the record 
compiled in response to the Consumer Information NOI and Bill Shock PN 
indicating that mobile consumers receive inadequate usage-related 
information to manage the costs associated with their mobile service 
plans. Recent reports from both GAO and the Better Business Bureau 
confirm that wireless consumers continue to experience problems with 
unexpected charges appearing on their bills. In many cases, these 
charges result from consumers unknowingly exceeding a monthly allotment 
limit and incurring substantial overage charges. These charges can 
result in significant expenditures of time, effort, and money for more 
than 270 million American consumers that use mobile services. In the 
document FCC 10-180, the Commission seeks comment on proposals designed 
to empower consumers to avoid bill shock by ensuring that they receive 
baseline information about their monthly usage balances in a timely and 
consistent manner to make informed decisions regarding the costs 
associated with their mobile service.

Legal Basis

    The legal basis for any action that may be taken pursuant to 
document FCC 10-180 is contained in sections 1-2, 4, 201, 258, 301, 
303, 332 and 403 of the Communications Act of 1934, as amended 47 
U.S.C. 151-152, 154, 201, 258, 301, 303, 332 and 403.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that will be 
affected by the proposed rules, if adopted. 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. Under the Small Business Act, a ``small business concern'' is one 
that: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) meets any additional criteria 
established by the Small Business Administration (SBA). Nationwide, 
there are a total of approximately 29.6 million small businesses, 
according to the SBA. The document FCC 10-180 seeks comment generally 
on mobile providers of voice, text and data services. However, as noted 
in section IV of the document FCC 10-180, the Commission is seeking 
comment on the scope of entities that should be covered by the 
proposals contained therein.
    Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category. Prior to that time, such firms were 
within the now-superseded categories of ``Paging'' and ``Cellular and 
Other Wireless Telecommunications.'' Under the present and prior 
categories, the SBA has deemed a wireless business to be small if it 
has 1,500 or fewer employees. Because Census Bureau data are not yet 
available for the new category, the Commission will estimate small 
business prevalence using the prior categories and associated data. For 
the category of Paging, data for 2002 show that there were 807 firms 
that operated for the entire year. Of this total, 804 firms had 
employment of 999 or fewer employees, and three firms had employment of 
1,000 employees or more. For the category of Cellular and Other 
Wireless Telecommunications, data for 2002 show that there were 1,397 
firms that operated for the entire year. Of this total, 1,378 firms had 
employment of 999 or fewer employees, and 19 firms had employment of 
1,000 employees or more. Thus, the Commission estimates that the 
majority of wireless firms are small.
    Wireless Telephony. Wireless telephony includes cellular, personal 
communications services, and specialized mobile radio telephony 
carriers. As noted, the SBA has developed a small business size 
standard for Wireless Telecommunications Carriers (except Satellite). 
Under the SBA small business size standard, a business is small if it 
has 1,500 or fewer employees. According to FCC data, 434 carriers 
report that they are engaged in wireless telephony. Of these, an 
estimated 222 have 1,500 or fewer employees, and 212 have more than 
1,500 employees. Therefore, the Commission estimates that 222 of these 
entities can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    In document FCC 10-180, the Commission proposes requirements that 
would require mobile service providers to offer notification alerts to 
consumers regarding their usage balances. Specifically, the Commission 
proposes that mobile service providers offer notification alerts to 
consumers when: (1) Subscribers are approaching their plan's allotted 
limit for voice, text, and data usage; (2) subscribers have reached 
their monthly allotment limit and begin incurring overage charges for 
any subsequent use of that service and (3) subscribers will incur 
international or roaming charges not covered under their monthly plans. 
In addition, the Commission proposes that mobile service providers 
shall make ongoing disclosure of any tools or services they offer which 
allow subscribers to set usage limits or monitor usage balances 
including any applicable charges for those services. Many mobile 
service

[[Page 72777]]

providers already offer some of these services. However, mobile service 
providers may have to review and adjust their current alert systems to 
ensure compliance with these requirements. In addition, the 
Commission's proposed rules may require mobile providers to include 
information regarding how to request and use any usage controls and 
monitoring tools that they currently offer in the service providers' 
bills or in annual bill inserts. This would necessitate providing 
additional information to consumers via the monthly bill or an annual 
bill insert.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    In document FCC 10-180, the Commission seeks comment on the costs 
for small providers to implement usage alerts including whether there 
is a need for varying implementation schedules between the larger and 
smaller providers to alleviate the burden for smaller providers. In 
addition, the Commission seeks comment on whether the Commission should 
consider exempting the smaller providers from any usage alert or 
roaming notification requirement due to the costs such a requirement 
might impose on them. In reviewing the frequency of mandatory usage 
alerts, the Commission seeks comment on the utility of providing 
multiple usage alerts to the consumer against the potential burdens to 
the wireless providers particularly smaller providers--who must supply 
them. Finally, the Commission seeks comment on the best methods to 
minimize costs for smaller, regional and/or rural mobile providers 
while ensuring their customers have access to information relating to 
any methods to monitor or set limits on usage offered by their service 
provider.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    Pursuant to the authority contained in sections 1-2, 4, 201, 258, 
301, 303, 332 and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 151-152, 154, 201, 258, 301, 303, 332 and 403, document FCC 10-
180 is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 10-180, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 64

    Reporting and recordkeeping requirements, Telecommunications, 
Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
222, 225, 226, 228 and 254(k) unless otherwise noted.

    1. Sec.  64.2402 is added to subpart Y to read as follows:


Sec.  64.2402  Usage alerts and information for mobile services.

    (a) This section shall apply to providers of mobile services as 
defined in paragraph (b) of this section. The purpose of this section 
is to require mobile service providers to provide consumers with 
timely, baseline information relating to their monthly usage so that 
consumers can avoid unexpected overage charges.
    (b) [Reserved].
    (c) Usage notifications. Mobile service providers shall provide 
notification alerts when:
    (1) Subscribers are approaching an allotted limit for voice, text, 
and data usage.
    (2) Subscribers have reached their monthly allotment limit and 
begin incurring overage charges for any subsequent use of that service.
    (3) Subscribers will incur international or roaming charges that 
are not covered by their monthly plans, and notification if they will 
be charged at higher than normal rates.
    (d) Mobile service providers shall make clear, conspicuous, and 
ongoing disclosure of any tools or services they offer which allow 
subscribers to set usage limits or monitor usage balances, including 
any applicable charges for those services. This information should be 
made available in a manner that is accessible to and usable by 
consumers with disabilities, in accordance with section 716 of the 
Communications Act of 1934, as amended (Act), and the Commission's 
rules implementing sections 255 and 716 of the Act.

[FR Doc. 2010-29669 Filed 11-24-10; 8:45 am]
BILLING CODE 6712-01-P


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