Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Rules and Regulations 47369

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–23830 Filed 9–8–97; 8:45 am]

BILLING CODE 8010–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0051; FRL–5890–7]

Withdrawal of Direct Final Rule for

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to an adverse comment,

EPA is withdrawing the direct final rule

for the approval of revisions to the

California State Implementation Plan.

EPA published the direct final rule on

August 4, 1997 at 62 FR 41865,

approving revisions to rules from the

Bay Area Air Quality Management

District (BAAQMD). As stated in that

Federal Register document, if adverse

or critical comments were received by

September 3, 1997, the effective date

would be delayed and notice would be

published in the Federal Register. EPA

subsequently received adverse

comments on that direct final rule. EPA

will address the comments received in

a subsequent final action in the near

future. EPA will not institute a second

comment period on this document.

DATES: The direct final rule published at

62 FR 41865 is withdrawn as of

September 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule located in the final rules section of

the August 4, 1997 Federal Register,

and in the short informational notice

located in the proposed rule section of

the August 4, 1997 Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: August 27, 1997.

John Wise,

Acting Regional Administrator.

[FR Doc. 97–23834 Filed 9–8–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 54, 64, and 69

[CC Docket Nos. 96–45; 97–21; FCC 97–

292]

Changes to the Board of Directors of

the National Exchange Carrier

Association, Inc. and Federal-State

Joint Board on Universal Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Order released August

15, 1997 directs NECA to assume the

duties of USAC pertaining to the

distribution, receipt, and processing of

the Universal Service Worksheet until

such time as USAC is prepared to begin

its operations and assume these duties.

The Order also authorizes NECA to

perform certain ministerial functions on

behalf of the Schools and Libraries and

Rural Health Care Corporation to the

extent that the performance of those

functions is necessary to meet the

January 1, 1998 starting date established

by the Commission for implementing

the universal service support

mechanisms set forth in 47 U.S.C. § 254.

Additionally, the Order authorizes

NECA, in its capacity as the

Administrator of the TRS Fund, to make

available to USAC, to NECA, to the

extent that it is acting on behalf of

USAC, and to the entity selected to be

the permanent universal service

Administrator, certain TRS Fund

information consisting of the names,

addresses, contact persons, type of

business, and other non-financial,

identifying information relating to TRS

Fund contributors. Finally, the Order

instructs entities that currently are

unable, without substantial difficulty, to

distinguish their intrastate, interstate, or

international revenues or are unable to

provide specific, line-by-line revenue

totals for certain categories of revenues,

to provide good faith estimates of such

revenues in the Universal Service

Worksheet that must be completed by

September 1, 1997.

DATES EFFECTIVE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Valerie Yates, Legal Counsel, Common

Carrier Bureau, (202) 418–1500 or

Sheryl Todd, Common Carrier Bureau,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order on

Reconsideration and Second Report and

Order adopted and released on August

15, 1997. The full text is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M St., N.W.,

Washington, D.C. Pursuant to the

Telecommunications Act of 1996, the

Commission released a Notice of

Proposed Rulemaking and Order

Establishing a Joint Board, Federal-State

Joint Board on Universal Service, CC

Docket No. 96–45, on March 8, 1996 (61

FR 10499 (March 14, 1996)), a

Recommended Decision on November 8,

1996 (61 FR 63778 (December 2, 1996)),

a Public Notice seeking comment on

rules to implement §§ 254 and 214(e) of

the Communications Act of 1934, as

amended, relating to universal service

on November 18, 1996 (61 FR 63778

(December 2, 1996)), a Notice of

Proposed Rulemaking in Changes to the

Board of Directors of the National

Exchange Carrier Association, Inc. in CC

Docket No. 97–21, on January 10, 1997

(62 FR 2636 (January 17, 1997)), a

Report and Order in Federal-State Joint

Board on Universal Service, CC Docket

No. 96–45, on May 8, 1997 (62 FR 32862

(June 17, 1997)), and a Report and Order

and Second Order on Reconsideration

in Changes to the Board of Directors of

the National Exchange Carrier

Association, Inc. and Federal-State Joint

Board on Universal Service, CC Docket

Nos. 97–21 and 96–45, on July 18, 1997

(62 FR 41294 (August 1, 1997)).

Summary of Report and Order

I. Universal Service Implementation

Issues

A. Authorization for NECA to Perform

Functions Relating to Distribution and

Processing of the Universal Service

Worksheet on Behalf of USAC

We direct NECA to assume the duties

assigned to USAC, as set forth in the

NECA Order, relating to the

distribution, receipt, and processing of

the Universal Service Worksheet until

USAC is prepared to assume these

duties. In making this determination, we

reconsider on our own motion our

decision in the NECA Order

immediately to assign these duties to

USAC. In order to ensure timely

distribution of the Universal Service

Worksheet, we conclude that it is

critical that we authorize NECA to begin

distributing the Worksheet immediately

to potential contributors so that entities
47370 Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Rules and Regulations

have sufficient time to complete and

submit the Worksheet by the September

1, 1997 deadline.

We also agree with NECA that USAC’s

ability to meet the January 1, 1998 target

implementation deadline may be

jeopardized unless NECA begins work

immediately on establishing the systems

that are necessary to process the

revenue information provided on the

Universal Service Worksheet and on

processing the Worksheet information

that is received, until the USAC Board

of Directors is in place and is prepared

to assume these responsibilities. It is our

expectation, however, that, as soon as

possible following its establishment, the

USAC Board of Directors will provide

direction to NECA with respect to any

developmental work already begun by

NECA and, when it is prepared to do so,

will assume responsibility for these

functions.

B. Authorization for NECA to Perform

Certain Functions on Behalf of Schools

and Libraries Corporation and Rural

Health Care Corporation

We authorize NECA to perform

certain ministerial functions on behalf

of the Schools and Libraries and Rural

Health Care Corporations to the extent

that the performance of those functions

is necessary to meet the January 1, 1998

deadline. For example, we anticipate

that NECA will begin developmental

work relating to the creation of websites

for the posting of applications submitted

on behalf of schools, libraries, and rural

health care providers. We also

anticipate that NECA will begin

assigning identification numbers to

eligible schools, libraries, and rural

health care providers and taking steps to

create a database containing this

information. In making these

determinations, we reconsider on our

own motion our decision in the NECA

Order immediately to assign these

duties to the Schools and Libraries and

Rural Health Care Corporations. It is our

expectation, however, that, as soon as

possible following their establishment,

the Schools and Libraries and Rural

Health Care Corporation Boards of

Directors will provide direction to

NECA with respect to any

developmental work already begun by

NECA and, when they are prepared to

do so, will assume responsibility for

these functions.

C. Mechanism for Recovery of

Administrative Expenses Incurred by

NECA

We also establish a mechanism by

which NECA will receive

reimbursement for administrative

expenses associated with its

performance of the incorporation and

other start-up functions that have been

assigned to it. We conclude that NECA

should be entitled to recover from the

new universal service support

mechanisms in 1998 all reasonable

administrative costs, including interest

on funds advanced for start-up

activities, that NECA incurs in 1997 in

performing the duties assigned to it

pursuant to this Order and the NECA

Order. We direct NECA to keep a

separate accounting of all

implementation expenses that it incurs

in performing the incorporation and

other start-up functions that we have

directed it to perform on behalf of USAC

and the Schools and Libraries and Rural

Health Care Corporations.

D. Use of TRS Fund Carrier

Identification Information Data by the

Universal Service Administrator

We also authorize NECA, in its

capacity as the Administrator of the TRS

Fund, to make available to USAC, to

NECA to the extent that it is acting on

behalf of USAC, and to the entity

selected to be the permanent universal

service Administrator, certain TRS Fund

information consisting of the names,

addresses, contact persons, type of

business, and other non-financial,

identifying information relating to TRS

Fund contributors. Such information

shall be used by these entities solely for

the purpose of identifying contributors

to the universal service support

mechanisms and for the related purpose

of identifying entities engaged in certain

types of business.

As a separate matter, we propose to

amend § 64.604(c)(4)(iii)(I) of the

Commission’s rules specifically to

permit the use of TRS Fund revenue

data by USAC or NECA, to the extent

that it is acting on behalf of USAC, and

the permanent universal service

Administrator, for purposes of verifying

revenue information reported on the

Universal Service Worksheet. We seek

comment on this proposal in a Further

Notice of Proposed Rulemaking, as

described below.

E. Other Implementation Issues

In the Universal Service and NECA

Orders, the Commission adopted

detailed rules governing the

implementation and operation of the

new universal service support

mechanisms. As in the case of any new

program, implementation of the support

mechanisms will require the

administering corporations to exercise

judgment and discretion in interpreting

the governing rules. USAC, the Schools

and Libraries Corporation, or the Rural

Health Care Corporation may encounter

complex issues that require expeditious

resolution in order to avoid undue

prejudice to individual applicants for

support or in order to prevent delayed

implementation of the universal service

program generally, but with respect to

which our rules do not provide specific

guidance. We anticipate that USAC and

the Corporations will exercise sound

judgment and discretion in such

circumstances, in a manner that is

consistent with the Commission’s

overall policies and rules governing the

universal service programs. Of course,

acknowledging the need for such

discretion in no way diminishes our

commitment to the impartial allocation

of funds to individual applicants by

entities administering the universal

service support mechanisms.

II. Reporting End-User

Telecommunications Revenue Data and

Other Revenue Data on the Universal

Service Worksheet

We recognize that some contributors

to the universal service support

mechanisms may not be able, without

substantial difficulty, to derive from

their existing books of account the

revenue information required by the

Worksheet. Furthermore, we recognize

that some non-common carrier

contributors to the universal service

support mechanisms will face similar

difficulties identifying their revenues by

the specific line-by-line categories listed

on the Worksheet. In light of the

Worksheet’s September 1, 1997 due

date, however, we must provide

immediate guidance to these

contributors. Therefore, on an interim

basis, until such time as the

Commission takes action on the pending

petitions for reconsideration,

contributors that cannot derive

interstate revenues from their books of

account or cannot derive the line-byline revenue breakdowns from their

books of account may provide on the

Worksheet good faith estimates of these

figures. Contributors may derive their

estimates using a method that they, in

good faith, believe will yield a

reasonably accurate result. Contributors

must document how they calculated

their estimates and make such

information available to the

Commission or Administrator upon

request.

We conclude for good cause that

compliance with the notice and public

comment provisions of the APA is

impracticable and is not required at this

time with respect to our interim

decision to permit contributors to make

good faith estimates of their end-user

telecommunications and other revenues

as described above for purposes of
Federal Register / Vol. 62, No. 174 / Tuesday, September 9, 1997 / Rules and Regulations 47371

completing the Universal Service

Worksheet. In order to facilitate the

timely filing of Universal Service

Worksheets and implementation of the

universal service support mechanisms,

and because the action we take

represents an interim solution to a

problem that will be addressed more

comprehensively in a forthcoming order

on reconsideration of the Universal

Service Order, in CC Docket No. 96–45,

we find that compliance with the notice

and comment provisions of the APA is

impracticable at this time.

III. Procedural Matters

Effective Date

We find that the conclusions adopted

herein should become effective

immediately upon release of the Order.

IV. Ordering Clauses

Accordingly, it is ordered, pursuant to

sections 1–4, 254 of the

Communications Act of 1934, as

amended, 47 U.S.C. §§ 151–154, and

254 that the Order on Reconsideration

of the Report and Order and Second

Order on Reconsideration in CC Docket

Nos. 97–21 and 96–45, FCC 97–253, is

adopted.

It is further ordered, pursuant to

sections 1–4, 254 of the

Communications Act of 1934, as

amended, 47 U.S.C. §§ 151–154, and

254 that the Second Report and Order

in CC Docket No. 96–45 is adopted.

It is further ordered that the

conclusions adopted in this order shall

become effective immediately upon

release of this Order.

List of Subjects

47 CFR Part 54

Universal Service.

47 CFR Part 64

Communications common carriers.

47 CFR Part 69

Communications common carriers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–23829 Filed 9–8–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR PART 68

[CC Docket Nos. 96–128 and 91–35; DA 97–

1793]

Pay Telephone Equipment

Grandfathering

AGENCY: Federal Communications

Commission.

ACTION: Memorandum Opinion and

Order.

SUMMARY: The Federal Communications

Commission (Commission) amends its

rules concerning the connection of

terminal equipment to the telephone

network. The amendments allow certain

terminal equipment presently connected

to a central-office-implemented

payphone to remain connected without

registration. Registration is required,

however, if such equipment is modified.

EFFECTIVE DATE: October 5, 1997

ADDRESSES: This document may be

viewed at the Federal Communications

Commission, Reference Center, Room

239, 1919 M Street NW, Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:

Technical Information: William Von

Alven, 202–418–2342.

Legal Information: Alan Thomas, 202–

418–2338.

SUPPLEMENTARY INFORMATION: The

adopted rules are part of the

Commission’s efforts to ensure that

competition among payphone providers

exists by enabling independent

payphone providers to use centraloffice-implemented coin pay telephones

as well as instrument-implemented

payphones. The adopted rules provide

that terminal equipment, including

premises wiring, that is directly

connected to a central-officeimplemented telephone on or before

October 8, 1997, does not have to be

registered, unless subsequently

modified. Modifications are any changes

that affect the Part-68 related

characteristics of that equipment at the

network interface. Additionally, new

installations of terminal equipment,

including premises wiring, may occur

until April 8, 1999, without registration

of any central-office-implemented

telephone equipment involved,

provided that the terminal equipment is

of a type directly connected to a centraloffice-implemented telephone as of

October 8, 1997.

List of Subjects in 47 CFR Part 68

Communications common carriers,

Communications equipment, Reporting

and recordkeeping requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 68 of Title 47 of the Code of

Federal Regulations is amended to read

as follows:

PART 68—CONNECTION OF

TERMINAL EQUIPMENT TO THE

TELEPHONE NETWORK

1. The authority citation for Part 68

continues to read:

Authority: 47 U.S.C. 154, 155.

2. Section 68.2 is amended by adding

a new paragraph (l) before the

concluding paragraph to read as follows:

§ 68.2 Scope.

* * * * *

(l) Grandfathered central office

implemented payphone equipment. (1)

Terminal equipment, including its

premises wiring, that is directly

connected to a central-officeimplemented telephone on or before

October 8, 1997, may remain for service

life without registration, unless

subsequently modified. Service life

means that life of the equipment until

retired from service. Modification

means changes to the equipment that

affect the Part 68-related characteristics

of that equipment at the network

interface.

(2) New installation of terminal

equipment, including its premises

wiring, may occur until April 8, 1999,

without registration of any centraloffice-implemented telephone

equipment involved, provided that the

terminal equipment is of a type directly

connected to a central-officeimplemented telephone as of October 8,

1997. This terminal equipment may

remain connected and be reconnected to

a central-office-implemented telephone.

* * * * *

[FR Doc. 97–23528 Filed 9–8–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

Radio Broadcasting Services; Various

Locations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own

motion, editorially amends the Table of

FM Allotments to specify the actual