[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5338-5339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-796]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 94-129; DA 05-3131]


Policies and Rules Concerning Unauthorized Changes of Consumers' 
Long Distance Carriers

AGENCY: Federal Communications Commission.

ACTION: Notice; comments requested.

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SUMMARY: In this document, the Consumer & Governmental Affairs Bureau 
(Bureau) seeks comment on an application for review filed by a group of 
rural local exchange carriers (Rural LECs) regarding the obligations of 
local exchange carriers (LECs) when executing preferred interexchange 
carrier (IXC) changes. The Rural LECs request that the Bureau's initial 
ruling denying their petition regarding the Commission's carrier change 
verification rules be reversed and their petition granted.

DATES: Comments are due on or before February 13, 2006, and reply 
comments are due on or before February 16, 2006.

ADDRESSES: You may submit comments, identified by docket number and/or 
rulemaking number, 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://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> Mail: Parties who choose to file by paper should also 
submit their comment on diskette. These diskettes should be submitted, 
along with three paper copies to Kelli Farmer, Consumer & Governmental 
Affairs Bureau, Policy Division, 445 12th Street, SW., Room 5-A866, 
Washington, DC 20554. Such a submission should be on a 3.5 inch 
diskette formatted in an IBM compatible formatted using Word 97 or 
compatible software. The diskette should be accompanied by a cover 
letter and should be submitted in ``read only'' mode. The diskette 
should be clearly labeled with the commenter's name, proceeding 
(including the lead docket number in this case CC Docket No. 94-129), 
type of pleading (comment or reply comment), date of submission, and 
the name of the electronic file on the diskette. The label should also 
include the following phrase: ``Disk Copy-Not an Original.'' Each 
diskette should contain only one party's pleadings, preferably in a 
single electronic file. In addition, commenters must send diskette 
copies to the Commission's contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554.
    <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#cd8b8e8ef8fdf98dabaeaee3aaa2bb"><span class="__cf_email__" data-cfemail="bff9fcfc8a8f8bffd9dcdc91d8d0c9">[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.

FOR FURTHER INFORMATION CONTACT: David Marks, Consumer Policy Division, 
Consumer & Governmental Affairs Bureau, (202) 418-2512 (voice), 
<a href="/cdn-cgi/l/email-protection#df9bbea9b6bbf192beadb4ac9fb9bcbcf1b8b0a9"><span class="__cf_email__" data-cfemail="dc98bdaab5b8f291bdaeb7af9cbabfbff2bbb3aa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 05-3131, released December 2, 2005. The full text of 
document DA 05-3131, the Rural LECs' submission, and copies of any 
subsequently filed documents in this matter 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. Document DA 05-3131, the Rural LECs' 
submission, and copies of subsequently filed documents in this matter 
may also be purchased from the Commission's contractor at Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554. Customers may 
contact the Commission's contractor at their Web site http://www.bcpiweb.com or call 1-800-378-3160. A copy of the Rural LECs' 
submission may also be found by searching ECFS at http://www.fcc.gov/cgb/ecfs (insert CC Docket No. 94-129 into the proceeding block). 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="b9dfdada8c898df9dfdada97ded6cf">[email protected]</a> or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY). Document DA 05-3131 can also 
be downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/cgb/policy. Pursuant to Sec. Sec.  1.415 and 1.419 of the 
Commission's rules, 47 CFR 1.415, 1.419, interested parties may file 
comments and reply comments on or before the dates indicated on the 
first page of this document. 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. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the website for submitting 
comments.
    <bullet> For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-

[[Page 5339]]

mail to <a href="/cdn-cgi/l/email-protection#fc999f9a8fbc9a9f9fd29b938a"><span class="__cf_email__" data-cfemail="a0c5c3c6d3e0c6c3c38ec7cfd6">[email protected]</span></a>, and include the following words in the body of 
the message, ``get form.'' A sample form and directions will be sent in 
response.
    <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 (although the Commission continues to experience 
delays in receiving U.S. Postal Service mail). All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    <bullet> The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    <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 should be addressed to 445 12th Street, SW., Washington DC 20554.

Synopsis

    On February 1, 2005, a group of rural local exchange carriers 
(Rural LECs) filed a Petition for Declaratory Ruling with the 
Commission regarding the obligations of local exchange carriers when 
executing preferred interexchange carrier (PIC) changes. See The Rural 
LECs, Petition for Declaratory Ruling with Respect to Obligations of 
Local Exchange Carriers to Execute Primary Interexchange Carrier 
Changes with Incorrect Subscriber Information, filed February 1, 2005 
by 3 Rivers Telephone Cooperative, et al. (``Petition''). The Petition 
requested a Commission declaration that the Commission's rules do not 
prohibit the practice by rural LECs of rejecting requests from 
Interexchange Carriers (IXCs) to change a subscriber's preferred 
interexchange carrier where the name or telephone number on the request 
does not match that of the subscriber of record or person authorized by 
the subscriber to make changes to the account. On June 9, 2005, the 
Consumer & Governmental Affairs Bureau (``Bureau'') issued a 
Declaratory Ruling (``Ruling'') denying the Petition filed by the Rural 
LECs regarding the Commission's carrier change verification rules. 
Declaratory Ruling, CC Docket No. 94-129, DA 05-1618, released June 9, 
2005 (``Ruling''), published at 71 FR 2895 (January 18, 2006). On July 
8, 2005, the Rural LECs submitted an application for review requesting 
that the Bureau's Ruling be reversed and their Petition granted. See 
The Rural LECs, Application for Review, filed July 8, 2005. The Rural 
LECs argue that the Bureau's Ruling misreads their Petition, the 
Communications Act, the Commission's rules, and the law of agency. 
According to the Rural LECs, the Bureau ignored relevant appellate 
interpretation of the rules at issue and decided a significant question 
of law and policy not previously resolved by the Commission. 
Accordingly, the Rural LECs ask that the Bureau's Ruling be vacated and 
their Petition granted. In this document, the Bureau seeks comment on 
the issues raised by the Rural LECs.

Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 06-796 Filed 1-31-06; 8:45 am]
BILLING CODE 6712-01-P


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