Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33143 

on sales calls for voice services; and (ii) 

unauthorized charges on telephone 

bills. Although the Commission has 

previously held that these practices are 

unjust and unreasonable practices under 

section 201(b) of the Act, its rules have 

not expressly prohibited them. Because 

these prohibitions have been long 

recognized pursuant to our enforcement 

actions, however, they should not 

necessitate any new burdens for those 

carriers are that in compliance. In 

addition, the Commission takes steps to 

improve the effectiveness of the existing 

carrier change process by eliminating 

the requirement that carriers obtain the 

authorization to switch each individual 

service when selling more than one 

service and by suspending any carrier 

for a five-year period from using the 

TPV process when it becomes the 

subject of a Commission forfeiture 

action. 

Steps Taken To Minimize Significant 

Impact on Small Entities, and 

Significant Alternatives Considered 

22. The RFA requires an agency to 

describe any significant, specifically 

small business alternatives that it has 

considered in developing its 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.’’ 

23. The rules adopted in document 

FCC 18–78 codify long-recognized 

consumer protections from slamming 

and cramming. In prior enforcement 

actions, the Commission has previously 

held that these practices are unjust and 

unreasonable practices under section 

201(b) of the Act. As a result, the 

economic impact on affected carriers 

should be minimal because they impose 

no new requirements. In declining to 

adopt other measures discussed in the 

Slamming and Cramming NPRM, the 

Commission has taken into 

consideration the potential burdens on 

carriers, including smaller carriers, in 

determining that such actions are not 

justified at this time. In these instances, 

the Commission has taken into 

consideration the concerns of industry 

commenters that the potential costs and 

delays that may result from these 

measures outweigh the potential 

benefits to consumers. 

Ordering Clauses 

Pursuant to sections 1–4, 201(b), and 

258 of the Communications Act of 1934, 

as amended, 47 U.S.C. 151–154, 201, 

258, document FCC 18–78 is adopted, 

and part 64 of the Commission’s rules, 

47 CFR 64.1120 and 64.2401 are 

amended. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

document FCC 18–78 to Congress and 

the Government Accountability Office 

pursuant to the Congressional Review 

Act. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

document FCC 18–78, including the 

Final Regulatory Flexibility Analysis, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 64 

Communications common carriers, 

Telecommunications. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 64 as 

follows: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 is 

revised to read as follows: 

Authority: 47 U.S.C. 154, 201, 202, 218, 

222, 225, 226, 227, 228, 251(e), 254(k), 

403(b)(2)(B), (c), 616, 620, 1401–1473, unless 

otherwise noted. 

■ 2. Amend § 64.1120 by revising 

paragraphs (a)(1)(i) and (b) to read as 

follows: 

§ 64.1120 Verification of orders for 

telecommunications services. 

(a) * * * 

(1) * * * 

(i) Authorization from the subscriber, 

subject to the following: 

(A) Material misrepresentation on the 

sales call is prohibited. Upon a 

consumer’s credible allegation of a sales 

call misrepresentation, the burden of 

proof shifts to the carrier making the 

sales call to provide persuasive 

evidence to rebut the claim. Upon a 

finding that such a material 

misrepresentation has occurred on a 

sales call, the subscriber’s authorization 

to switch carriers will be deemed 

invalid. 

(B) [Reserved] 

* * * * * 

(b) Any telecommunications carrier 

that becomes the subject of a 

Commission forfeiture action through a 

violation of the third-party verification 

process set forth in paragraph (c)(3) of 

this section will be suspended for a fiveyear period from utilizing the thirdparty verification process to confirm a 

carrier change. 

* * * * * 

■ 3. Amend § 64.2401 by adding 

paragraph (g) to read as follows: 

§ 64.2401 Truth-in-Billing Requirements. 

* * * * * 

(g) Prohibition against unauthorized 

charges. Carriers shall not place or 

cause to be placed on any telephone bill 

charges that have not been authorized 

by the subscriber. 

[FR Doc. 2018–14151 Filed 7–16–18; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 17–141; CC Docket No. 

96–128; WC Docket No. 16–132; FCC 18– 

21] 

Modernization of Payphone 

Compensation Rules; Implementation 

of the Pay Telephone Reclassification 

and Compensation Provisions of the 

Telecommunications Act of 1996; 2016 

Biennial Review of 

Telecommunications Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

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 payphone 

compensation rules. This document is 

consistent with the Modernization of 

Payphone Compensation Rules Report 

and Order, FCC 18–21, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing the effective date of those 

rules. 

DATES: The amendment to 47 CFR 

64.1310(a)(3) published at 83 FR 11422, 

March 15, 2018, is effective on July 17, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Michele Levy Berlove, Attorney 

Advisor, Wireline Competition Bureau, 

at (202) 418–1477, or by email at 

Michele.Berlove@fcc.gov. For additional 


daltland on DSKBBV9HB2PROD with RULES
33144 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991 or nicole.ongele@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 2, 

2018, OMB approved, for a period of 

three years, the information collection 

requirements relating to certain 

payphone compensation rules contained 

in the Commission’s Modernization of 

Payphone Compensation Rules Report 

and Order, FCC 18–21, published at 83 

FR 11422, March 15, 2018, as specified 

above. 

The OMB Control Number is 3060– 

1046. 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, 3060–1046, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov 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 July 2, 

2018, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 64. 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 

Number. The OMB Control Number is 

3060–1046. 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: 3060–1046. 

OMB Approval Date: July 2, 2018. 

OMB Expiration Date: July 31, 2021. 

Title: Part 64, Modernization of 

Payphone Compensation Rules et al., 

WC Docket No. 17–141 et al., FCC 

18–21. 

Form Number: N/A. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 329 respondents; 2,257 

responses. 

Estimated Time per Response: 0.50 

hours–122 hours. 

Frequency of Response: On occasion, 

one-time, and quarterly reporting 

requirements; third party disclosure 

requirements; and recordkeeping 

requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

151, 154 and 276 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 34,720 hours. 

Total Annual Cost: No cost(s). 

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: Section 276 of the 

Communications Act, as amended (the 

Act), requires that the Federal 

Communications Commission 

(Commission or FCC) establish rules 

ensuring that payphone service 

providers or PSPs are ‘‘fairly 

compensated’’ for each and every 

completed payphone-originated call. 

The Commission’s Payphone 

Compensation Rules satisfy section 276 

by identifying the party liable for 

compensation and establishing a 

mechanism for PSPs to be paid. A 2003 

Report and Order (FCC 03–235) 

established detailed rules (Payphone 

Compensation Rules) ensuring that 

payphone service providers or PSPs are 

‘‘fairly compensated’’ for each and every 

completed payphone-originated call 

pursuant to section 276 of the 

Communications Act, as amended (the 

Act). The Payphone Compensation 

Rules satisfy section 276 by identifying 

the party liable for compensation and 

establishing a mechanism for PSPs to be 

paid. The Payphone Compensation 

Rules: (1) Place liability to compensate 

PSPs for payphone-originated calls on 

the facilities-based long distance 

carriers or switch-based resellers (SBRs) 

from whose switches such calls are 

completed; (2) define these responsible 

carriers as ‘‘Completing Carriers’’ and 

require them to develop their own 

system of tracking calls to completion; 

(3) require Completing Carriers to file 

with PSPs a quarterly report and also 

submit an attestation by the chief 

financial officer (CFO) that the payment 

amount for that quarter is accurate and 

is based on 100% of all completed calls; 

(4) require quarterly reporting 

obligations for other facilities-based 

long distance carriers in the call path, if 

any, and define these carriers as 

‘‘Intermediate Carriers;’’ and (5) give 

parties flexibility to agree to alternative 

compensation arrangements (ACA) so 

that small Completing Carriers may 

avoid the expense of instituting a 

tracking system and undergoing an 

audit. On February 22, 2018, the 

Commission adopted a Report and 

Order, FCC 18–21 (2018 Payphone 

Order), that: (1) Eliminated the 

payphone call tracking system audit and 

associated reporting requirements; (2) 

permitted a company official, including 

but no longer limited to, the chief 

financial officer (CFO), to certify that a 

Completing Carrier’s quarterly 

compensation payments to PSPs are 

accurate and complete; and (3) 

eliminated expired interim and 

intermediate per-payphone 

compensation rules that no longer apply 

to any entity. We believe that the 

revisions adopted in the 2018 Payphone 

Order significantly decrease the 

paperwork burden on carriers. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–15157 Filed 7–16–18; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[GN Docket No. 16–142; FCC 17–158] 

Authorizing Permissive Use of the 

‘‘Next Generation’’ Broadcast 

Television Standard 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

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 requirements 

associated with FCC 17–158. This 


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