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[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29409-29411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14408]

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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 91-141; DA 98-839]

Local Competition Survey

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: On May 8, 1998, the Common Carrier Bureau issued a Public 
Notice to solicit comment on how the Commission can collect sufficient 
information about local competition to achieve the regulatory 
flexibility, pro-competition, and universal service objectives of the 
Telecommunications Act of 1996 (1996 Act) while minimizing filing 
burdens on respondents. The Public Notice seeks comment on what 
information should be collected as well as on such issues as whether 
periodic data collection should be mandatory and which 
telecommunications carriers should provide information.

DATES: Comments to the Public Notice are due on or before June 7, 1998. 
Reply comments are due on or before June 22, 1998.

ADDRESSES: Comments and reply comments should be sent to the Office of 
the Secretary, Federal Communications Commission, 1919 M Street, N.W., 
Suite 222, Washington, D.C. 20554, with a copy to Ms. Terry Conway of 
the Common Carrier Bureau, Federal Communications Commission, 2033 M 
Street, N.W., Suite 500, Washington, D.C. 20554. Parties should also 
file one copy of any documents filed in this docket with the 
Commission's copy contractor, International Transcription Services, 
Inc. (ITS), 1231 20th St., NW, Washington, DC 20036, (202) 857-3800.

FOR FURTHER INFORMATION CONTACT: Thomas J. Beers, Deputy Chief of the 
Industry Analysis Division, Common Carrier Bureau, at (202) 418-0952, 
or Ellen Burton, Industry Analysis Division, Common Carrier Bureau, at 
(202) 418-0958. Users of TTY equipment may call (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Public 
Notice released May 8, 1998 (DA 98-839). The full text of this Public 
Notice is available for inspection and copying during normal business 
hours in the FCC Reference Center, Room 239, 1919 M Street, Washington, 
D.C. 20554. The complete text also may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 1231 20th St., NW, Washington, DC 20036.

Summary of the Public Notice

    The Commission requires timely and reliable information on the pace 
and extent of development of competition for local telecommunications 
services in different geographic markets to evaluate the effectiveness 
of decisions taken to implement the pro-competition provisions and to 
achieve the universal service goals of the Telecommunication Act of 
1996 (47 U.S.C. Section 151 et seq.). The Commission also requires such 
information to identify services and geographic markets where local 
competition has developed sufficiently to allow the Commission to 
exercise its regulatory forbearance authority (47 U.S.C. Section 
160(a)).
    The Commission has previously concluded (Expanded Interconnection 
with Local Telephone Company Facilities, Memorandum Opinion and Order, 
59 FR 38922 (August 1, 1994), CC Docket No. 91-141, 9 FCC Rcd 5154, 
5177 (1994)) that an information collection program is necessary to 
monitor the state of local competition in diverse areas of the country 
so that the Commission might make its regulatory requirements more 
flexible as competition develops in particular areas. The Commission 
delegated authority to the Chief, Common Carrier Bureau, to formulate 
the detailed elements of a reporting program, to decide which service 
providers must provide information, and to specify the format and 
timing of reports.

I. Background

    3. Only a limited amount of information on the state of local 
competition can be derived from sources currently reported to the

[[Page 29410]]

Commission. These data are nationwide local service revenues reported 
by calendar year. Although these data are filed by all carriers, 
including new competitive local exchange carriers, the data are not 
available for analysis by Commission staff until several months after 
filing; consist only of nationwide aggregates; and are generally given 
confidential treatment. A summary of this information is published, a 
few months thereafter, in a form that maintains the confidentiality of 
revenues of individual companies. Additional data on the state of local 
competition in selected states, and in particular cities and regions 
within those states, have been submitted to the Commission in various 
proceedings, e.g., in the course of regional Bell company applications 
for authorization to provide in-region interLATA services. These data 
provide significant information related to local competition in the 
state for which, and at the time, an interLATA services petition is 
filed. Because they are submitted only by the petitioner, however, 
these data do not constitute a comprehensive survey of local 
competition in that state. Nor do they describe the extent of 
development of local competition across the country at any point in 
time.

II. Discussion

    4. The Public Notice seeks comment on adopting a local competition 
survey similar to a survey completed--on a voluntary basis--by nine 
large incumbent local exchange carriers in March, 1998, and seeks 
comment on applying such a survey to all types of local exchange 
carriers, both incumbent carriers and competitive carriers. We propose 
to make any survey that we adopt mandatory for most carriers because we 
believe that an accurate and timely picture of the development of local 
competition and the achievement of universal service goals requires a 
limited set of information from substantially all local exchange 
carriers.
    5. We also seek comment on whether there are authoritative data 
sources other than a periodic survey that could provide information 
necessary to evaluate the development of local competition and the 
achievement of universal service goals on a timely basis. We invite 
parties to identify publicly available alternative sources of any or 
all of the data discussed in the Public Notice. We ask parties 
proposing alternative data sources to identify those sources precisely 
and to explain in detail how those sources provide information that is 
accurate, sufficient, and timely to describe and understand the state 
of local competition in diverse areas of the country.
    6. We invite comment on the definition of reporting areas and 
propose that the states should be the geographic reporting areas for 
local competition surveys. We also invite comment on whether the 
following items are both necessary and sufficient to describe and 
understand the state of local competition in diverse areas of the 
nation: number of local service lines sold directly to end users by the 
reporting carrier; number of local service lines sold to competing 
local carriers for resale; number of unbundled loops and unbundled 
switch ports for local access lines provided by the reporting carrier 
to an unaffiliated carrier; number of unaffiliated, competing local 
exchange carriers purchasing unbundled network elements and resold 
lines; number of wire centers where competitors have physical or 
virtual collocation arrangements, and number and type of customer lines 
served; switched minutes originated with end users, terminated with end 
users, and exchanged with other carriers; number of telephone numbers 
ported by interim or long-term portability methods; and names of 
competitive local exchange carriers active in the reporting area.
    7. We seek comment on whether each incumbent local exchange carrier 
should file a local competition survey for each area in which it is an 
incumbent local exchange carrier. Because it is our objective to 
minimize reporting burdens, while collecting information sufficient to 
understand developing local exchange and exchange access competition in 
diverse areas of the country, we also seek comment on whether some 
subset of incumbent local exchange carriers should file local 
competition surveys, and, if so, on the appropriate basis for 
determining the composition of that subset of incumbent local exchange 
carriers.
    8. To the extent that a competitor provides service to customers 
using its own loops and switches, these lines will not be included in 
any data collected by incumbents. Whether a competitive local exchange 
carrier serves customers over its own facilities, by means of unbundled 
network elements, or through resale, moreover, data provided directly 
by competitive local exchange carriers about their own customers would 
be extremely valuable as a cross-check to data provided by incumbent 
local exchange carriers, and should provide a much more specific 
snapshot of local competition. We therefore seek comment on whether 
carriers other than incumbent local exchange carriers should file local 
competition surveys if such carriers propose to provide--or are 
providing--local exchange or exchange access service as duly authorized 
competitive local exchange carriers. Consistent with this need for 
adequate information, we propose not to distinguish among local 
exchange carriers on the basis of the technology used to provide local 
exchange or exchange access service to the public.
    9. We also seek comment on whether local exchange carriers other 
than incumbent local exchange carriers should report the same data, in 
the same form, that incumbent local exchange carriers report. 
Competitive local exchange carriers need not develop their business 
plans, conduct their operations, design their networks, or select 
geographic areas to serve in the same manner as incumbent local 
exchange carriers have done. Also, the 1996 Act places less extensive 
responsibilities on local exchange carriers other than incumbent local 
exchange carriers.
    10. We propose that carriers file the survey quarterly, 30 days 
after the end of the calendar year quarter, through the first quarter 
of 2001, which will mark a date five years after the enactment of the 
1996 Act. Prior to that date, we propose to undertake a review of the 
efficacy and burden imposed of this data collection to determine the 
need and form for any data collection efforts after that date.

III. Procedural Issues

    11. Procedures for Filing. Interested parties may file comments in 
CC Docket No. 91-141 on or before June 7, 1998. Reply comments may be 
filed on or before June 22, 1998. All filings should refer to the 
pleadings as Local Competition Survey, CC Docket No. 91-141, CCB-IAD 
File No. 98-102. One original and four copies of all comments must be 
sent to Magalie Roman Salas, Secretary, Federal Communications 
Commission, 1919 M Street, N.W., Suite 222, Washington, D.C. 20554. 
Three copies should also be sent to Ms. Terry Conway, Industry Analysis 
Division, Common Carrier Bureau, 2033 M Street, N.W., Suite 500, 
Washington, D.C. 20554. Copies of documents filed with the Commission 
may be obtained from the International Transcription Service (ITS), 
1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800. 
Documents are also available for review and copying at the Reference 
Center, Room 239, 1919 M Street, N.W., Washington, D.C., Monday, from 
9:45 a.m. to 4:30 p.m., and Tuesday through Friday from 9:00 a.m. to 
4:30 p.m., (202) 418-0270.

[[Page 29411]]

    12. This proceeding is a non-restricted proceeding. See 47 CFR 
1.1200(a), 1.1206. Accordingly, ex parte presentations are permitted, 
provided that they are disclosed in conformance with the Commission's 
ex parte rules.
    13. Paperwork Reduction Act. We note that this Public Notice 
contains either a proposed or modified information collection, and we 
invite the general public to take this opportunity to comment on those 
information collections, pursuant to the Paperwork Reduction Act of 
1995, Public Law No. 104-13. 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 initial burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of collection of information on respondents, 
including the use of automated collection techniques or other forms of 
information technology.

Federal Communications Commission.
Peyton L. Wynns,
Chief, Industry Analysis Division.
[FR Doc. 98-14408 Filed 5-28-98; 8:45 am]
BILLING CODE 6712-01-P
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