[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37499-37500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18562]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 63

[FCC 98-127 ]


Notification of Common Carriers of Service Disruptions

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Order amends the Commission's rules that require carriers 
to send final reports of certain telephone network service outages to 
the Chief of the Common Carrier Bureau. This order amends the rules so 
that carriers required to provide the Commission with final reports of 
those outages will be directed to send them to the Chief of the Office 
of Engineering and Technology instead of the Chief of the Common 
Carrier Bureau.

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: Robert Kimball, Office of Engineering 
and Technology, (202) 418-2339.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 98-127, adopted June 19, 1998, and released June 25, 1998. The full 
text of this Commission decision is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, N.W., Washington, D.C., and also may be purchased 
from the Commission's duplication contractor, International 
Transcription Service, (202) 857-3800, 1231 20th Street, N.W. 
Washington, D.C. 20036.

Summary of Order

    The Commission's rules require wireline common carriers to send 
final reports of certain telephone network service outages to the Chief 
of the Common Carrier Bureau. The Order summarized here amends the rule 
so that carriers required to provide the Commission with final reports 
of those outages will be directed to send them to the Chief of the 
Office of Engineering and Technology instead.
    Since February 18, 1996, the Office of Engineering and Technology 
has coordinated the meetings and other activities of the Network 
Reliability Council, now called the Network Reliability and 
Interoperability Council. Previously this coordinating function was 
carried out by the Common Carrier Bureau. The receipt and tabulation of 
outage reports, however, continues to be carried out by the staff of 
the Common Carrier Bureau. Since these outage reports are relied upon 
by the Council in the conduct of its research and since tabulation and 
any analysis that may be required is best conducted by those most 
familiar with the best practice recommendations of the Council, the 
Council coordination function and the receipt and tabulation function 
should be consolidated in the same office.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., does not 
apply to this proceeding because the Commission is adopting this rule 
without notice and comment. See 5 U.S.C. 603(a) and 604(a). Notice and 
comment are not required because the Commission is modifying a ``rule 
of agency organization, procedure, or practice.'' See 5 U.S.C. 
553(b)(A). Moreover, the Commission has found that notice and comment 
are unnecessary here. See 5 U.S.C. 553(b)(B).

List of Subjects

47 CFR Part 0

    Organization and functions (government agencies).

47 CFR Part 63

    Communications common carriers, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, Parts 0 and 63 of Title 
47 of the Code of Federal Regulations are amended as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.

    2. Section 0.31 is amended by revising paragraph (j) to read as 
follows:


Sec. 0.31  Functions of the Office.

* * * * *
    (j) To perform all engineering and management functions of the 
Commission with respect to formulating rules and regulations, technical 
standards, and general policies for parts 15, 18 and section 63.100 of 
this chapter, and for type approval and acceptance, and certification 
of radio equipment for compliance with the Rules.
* * * * *

PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE 
AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF 
RECOGNIZED PRIVATE OPERATING AGENCY STATUS

    3. The authority citation for part 63 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 403 and 
533, unless otherwise noted.

    4. Section 63.100, paragraphs (b), (c), (d), and (h) are amended by 
revising the last sentence of each paragraph and paragraph (e) 
introductory text, is amended by revising the ninth sentence to read as 
follows:


Sec. 63.100  Notification of service outage.

* * * * *
    (b) * * * Not later than thirty days after the outage, the carrier 
shall file with the Chief, Office of Engineering and Technology, a 
Final Service Disruption Report providing all available information on 
the service outage, including any information not contained in its 
Initial Service Disruption Report and detailing specifically the root 
cause of the outage and listing and evaluating the effectiveness and 
application in the immediate case of any best practices or industry 
standards identified by the Network Reliability Council to eliminate or 
ameliorate outages of the reported type.
    (c) * * * Not later than thirty days after the outage, the carrier 
shall file with the Chief, Office of Engineering and Technology, a 
Final Service Disruption Report providing all available information on 
the service outage, including any information not contained in its 
Initial Service Disruption Report and detailing specifically the root 
cause of the outage and listing and evaluating the effectiveness and 
application in the immediate case of any best practices or industry 
standards identified by the Network Reliability Council to eliminate

[[Page 37500]]

or ameliorate outages of the reported type.
    (d) * * * Not later than thirty days after the outage, the carrier 
shall file with the Chief, Office of Engineering and Technology, a 
Final Service Disruption Report providing all available information on 
the service outage, including any information not contained in its 
Initial Service Disruption Report and detailing specifically the root 
cause of the outage and listing and evaluating the effectiveness and 
application in the immediate case of any best practices or industry 
standards identified by the Network Reliability Council to eliminate or 
ameliorate outages of the reported type.
    (e) * * * Not later than thirty days after the outage, the carrier 
shall file with the Chief, Office of Engineering and Technology, a 
Final Service Disruption Report providing all available information on 
the service outage, including any information not contained in its 
Initial Service Disruption Report and detailing specifically the root 
cause of the outage and listing and evaluating the effectiveness and 
application in the immediate case of any best practices or industry 
standards identified by the Network Reliability Council to eliminate or 
ameliorate outages of the reported type.
* * * * *
    (h) * * * Not later than thirty days after the outage, the carrier 
shall file with the Chief, Office of Engineering and Technology, a 
Final Service Disruption Report providing all available information on 
the service outage, including any information not contained in its 
Initial Service Disruption Report and detailing specifically the root 
cause of the outage and listing and evaluating the effectiveness and 
application in the immediate case of any best practices or industry 
standards identified by the Network Reliability Council to eliminate or 
ameliorate outages of the reported type.
* * * * *
[FR Doc. 98-18562 Filed 7-10-98; 8:45 am]
BILLING CODE 6712-01-P