Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53137 

FOR FURTHER INFORMATION CONTACT: 

Peggy Reitzel or Francis Gutierrez, 

Policy Division, International Bureau, 

(202) 418–1460. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Inquiry in IB Docket No. 05–254, FCC 

05–152, which was adopted on August 

5, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

document may also be downloaded 

from the Commission’s Web site at 

http://hraunfoss.fcc.gov/edocs_public/ 

attachmatch/FCC–05–152A1.doc. The 

complete text may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., in person 

at 445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, via telephone at 

(202) 488–5300, via facsimile at (202) 

488–5563, or via e-mail at 

FCC@BCPIWEB.COM. 

Summary of the Notice of Inquiry 

On August 5, 2005, the Commission 

adopted a Notice of Inquiry on 

Modifying the Commission’s Process to 

Avert Harm to U.S. Competition and 

U.S. Customers Caused by 

Anticompetitive Conduct. By this 

Notice of Inquiry, the Commission seeks 

to develop a record on ways to improve 

the process available to the Commission 

to protect U.S. consumers from the 

effect of anticompetitive conduct by 

foreign carriers and on alternative 

approaches the Commission may take to 

avert circuit disruptions or blockages. 

In particular, this Notice of Inquiry 

seeks comment on the following issues: 

(1) What constitutes a circuit disruption 

or blockage that would trigger possible 

Commission action; (2) what should be 

the appropriate length of the pleading 

cycle associated with any action the 

Commission may take in response to 

reports of anticompetitive behavior on 

the part of foreign carriers; (3) whether 

the Commission should propose 

procedures for taking interim measures 

when U.S. carriers notify the 

Commission that foreign carriers have 

threatened to disrupt circuits; (4) how 

should the Commission assess the 

immediacy of such threats, and how 

should it coordinate any action with the 

appropriate U.S. government agencies; 

(5) what showing is required of U.S. 

carriers to demonstrate that the public 

interest will be served by Commission 

intervention, and what is the 

appropriate form of relief; (6) whether 

U.S. carriers are passing through 

settlement rate reductions to U.S. 

consumers; and (7) whether it is 

appropriate for U.S. ratepayers to 

subsidize universal service in other 

countries. 

The Commission encourages all 

interested parties to respond to the 

questions and requests set forth in the 

Notice of Inquiry. 

Ordering Clauses 

Pursuant to the authority contained in 

47 U.S.C. 151, 4(i), 201–205, 208, 211, 

303(r), 403 this Notice of Inquiry is 

adopted. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–17795 Filed 9–6–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 02–386; DA 05–2266] 

Rules and Regulations Implementing 

the Minimum Customer Account 

Record Exchange Obligations on All 

Local and Interexchange Carriers 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on 

proposed modifications/clarifications to 

rules governing the exchange of 

customer account information between 

local and long distance carriers. 

DATES: Comments are due on or before 

September 22, 2005, and reply 

comments are due on or before October 

3, 2005. 

ADDRESSES: You may submit comments, 

identified by CG 02–386, DA 05–2266 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

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: 

Kelli Farmer, Consumer Policy Division, 

Consumer & Governmental Affairs 

Bureau, (202) 418–2512 (voice), 

Kelli.Farmer@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, DA 05–2266, released 

August 9, 2005. The full text of this 

document 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, (202) 418–0270. 

This document may be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing 

(BCPI), Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. Customers may contact BCPI, 

Inc. at their Web site: http:// 

www.bcpiweb.com or by calling 1–800–

378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format) send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice) or (202) 418–0432 

(TTY). This document can also be 

downloaded in Word or Portable 

Document Format (PDF) at http:// 

www.fcc.gov/cgb/policy. 

When filing comments, please 

reference CG Docket No. 02–386, DA 

05–2266. Comments may be filed using 

the Commission’s Electronic Comment 

Filing System (ECFS) or by filing paper 

copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121, May 1, 1998. Comments 

filed through the ECFS can be sent as an 

electronic file via the Internet to 

http://www.fcc.gov/e-file/ecfs.html. 

Generally, only one copy of an 

electronic submission must be filed. In 

completing the transmittal screen, 

commenters 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 

for e-mail comments, commenters 

should send e-mail to ecfs@fcc.gov, and 

should include the following words in 

the body of the message, ‘‘get form 

<your e-mail address>.’’ A sample form 

and directions will be sent in reply. 

Parties who choose to file by paper 

must send an original and four (4) 

copies of each filing. Filings can be sent 

by hand or messenger delivery, by 

electronic media, by commercial 

53138 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

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). The Commission’s 

contractor, Natek, Inc., will receive 

hand-delivered or messenger-delivered 

paper filings or electronic media 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. Commercial and 

electronic media sent by 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. U.S. Postal Service 

first-class mail, Express Mail, and 

Priority Mail should be addressed to 445 

12th Street, SW., Washington, DC 

20554. All filings must be addressed to 

the Commission’s Secretary, Marlene H. 

Dortch, Office of the Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–B204, 

Washington, DC 20554. This proceeding 

shall be treated as a ‘‘permit but 

disclose’’ proceeding in accordance 

with the Commission’s ex parte rules, 

47 CFR 1.1200. Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substances of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

section 1.1206(b) of the Commission’s 

rules, 47 CFR 1.1206(b). 

Synopsis 

On February 25, 2005, the 

Commission adopted mandatory, 

minimum standards governing the 

exchange of customer account 

information between local exchange 

carriers (LECs) and interexchange 

carriers (IXCs). In adopting these 

mandatory, minimum standards, the 

Commission relied in large measure on 

a compromise proposal that was filed 

with the Commission by a coalition of 

IXCs and LECs, including 

representatives of AT&T, MCI, Sprint, 

BellSouth, Qwest, SBC, and Verizon 

(Coalition). 

On April 15, 2005, and June 15, 2005, 

the Coalition proposed modifications 

and clarifications to the Order (final 

rules published at 70 FR 32258, June 2, 

2005). In particular, the Coalition 

identified certain aspects of section 

64.4002 of the Commission’s rules that, 

in its view, should be clarified and/or 

modified by the Commission ‘‘in the 

interest of clarity and completeness.’’

The Coalition’s proposed clarifications 

and modifications to section 64.4002 are 

described immediately below: 

• Among the categories of 

information that LECs must provide to 

IXCs in certain identified situations, 

section 64.4002(a)(6), (b)(6), (d)(5) and 

(f)(5) currently include the ‘‘carrier 

identification code of the submitting 

LEC.’’ The Coalition suggests that this 

phrase should be modified to state 

‘‘carrier identification code of the IXC.’’

According to the Coalition, this 

‘‘mirroring’’ of information back to the 

IXC by the LEC serves as a kind of 

‘‘handshake’’ and is needed to confirm 

that the LEC has properly identified the 

intended recipient of a particular 

notification. 

• The Coalition asks the Commission 

to modify section 64.4002(d). In 

particular, it proposes that a LEC that 

has received a notification from an IXC 

indicating that the IXC’s customer no 

longer wishes to be presubscribed to any 

IXC (customer has selected ‘‘no-PIC’’

status) be required to respond to the IXC 

with a confirmation or reject 

notification. As proposed by the 

Coalition, section 64.4002(d) would 

read in pertinent part: 

(d) Customer contacts LEC or new IXC 

to change PIC, or current IXC to select 

no-PIC. When a LEC has removed at its 

local switch a presubscribed customer 

from an IXC’s network, in response to a 

customer order, upon receipt of a 

properly verified PIC order submitted by 

another IXC, or upon receipt of the 

current IXC’s request to change the PIC 

to no-PIC, the LEC must notify the 

customer’s former IXC of this event. 

• The Coalition proposes 

modifications to section 64.4002(e) and 

(g) to make those subsections consistent 

with other notification obligations of 

LECs adopted in the Order. First, it asks 

the Commission to modify section 

64.4002(e) to include the effective date 

of a change to a customer’s local service 

account as well as the carrier 

identification code of the IXC. Second, 

the Coalition asks the Commission to 

modify subsection (g) to include the 

customer’s billing telephone number, 

working telephone, and billing name 

and address; the effective date of the 

change of local service provider; a 

description of the customer type (i.e., 

business or residential); the 

jurisdictional scope of the lines or 

terminals affected (i.e., intraLATA and/ 

or interLATA and/or international); and 

the carrier identification code of the 

IXC. 

• The Coalition suggests an 

additional clarification to section 

64.4002(g) whereby the Commission 

would insert the phrase ‘‘in LEC’’ and 

remove the word ‘‘new’’ as specified in 

the bracketed portions of the following 

sentence: ‘‘If the customer also makes a 

PIC change, the customer’s former LEC 

must notify the customer’s former PIC(s) 

of the change [in LEC] and the new LEC 

must notify the customer’s [new] PIC of 

the customer’s PIC selection.’’

Initial Regulatory Flexibility 

Certification 

The Regulatory Flexibility Act 

requires that an initial regulatory 

flexibility analysis be prepared for 

notice and comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’

The RFA generally defines the term 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A ‘‘small business concern’’ is one 

which: (1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

On March 25, 2004, the Commission 

released a Notice of Proposed 

Rulemaking (NPRM) seeking public 

comment on whether the Commission 

should establish mandatory, minimum 

standards governing the exchange of 

customer account information between 

local exchange carriers and 

interexchange carriers. As required by 

the RFA, the Commission incorporated 

into the NPRM an Initial Regulatory 

Flexibility Analysis (IRFA) and sought 

public comment on the specific issues 

raised in the IRFA. Two entities filed 

comments addressing the IRFA. On 

February 25, 2005, the Commission 

adopted the Order which, as discussed 

above, established extensive and 

detailed standards governing the 

exchange of customer account 

information between local exchange 

carriers and interexchange carriers. 

Consistent with the RFA, the 

Commission incorporated into the Order 

a Final Regulatory Flexibility Analysis 

(FRFA) addressing, among other things, 

the comments that had been filed in 

response to the IRFA. 

In this document, the Commission 

seeks comment on the Coalition’s 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53139 

proposed clarifications and 

modifications to § 64.4002 of the 

Commission’s rules. The proposed 

clarifications and modifications are in 

the nature of technical corrections to the 

Commission’s customer account record 

exchange rules that, if adopted, would 

not have a significant economic impact 

on entities subject to those rules. For 

example, the Coalition asserts that its 

proposed modification to § 64.4002(d) 

would make this provision consistent 

with similar notification requirements 

adopted in the Order simply by 

requiring a LEC to confirm its receipt of 

a particular IXC-initiated notification 

with an appropriate response. The 

Coalition similarly proposes 

modifications to §§ 64.4002(e) and (g) to 

include within the information 

exchanges prescribed by those 

subsections, the same standard 

categories of information that carriers 

routinely must provide in connection 

with other notification obligations 

adopted in the Order. If the Commission 

were to adopt the proposed 

modifications and clarifications, we 

believe that the compliance burden, and 

resulting economic impact on entities 

subject thereto, would be de minimus. 

Therefore, the Commission certifies for 

purposes of the RFA that the proposals 

in this document, if adopted, will not 

have a significant economic impact on 

a substantial number of small entities. 

The Commission will send a copy of 

this document, including a copy of this 

Initial Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the SBA. This initial 

certification will also be published in 

the Federal Register. 

Federal Communications Commission. 

Jay Keithley, 

Deputy Bureau Chief, Consumer & 

Governmental Affairs Bureau. 

[FR Doc. 05–17704 Filed 9–6–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2300, MM Docket No. 00–9, RM–

9526] 

Radio Broadcasting Services; 

Beaumont and Dayton, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: At the request of Liberman 

Broadcasting of Houston License Corp., 

the Audio Division dismisses a 

rulemaking petition to reallot and 

change the community of license for 

Station KQQK(FM), Channel 300C, from 

Beaumont to Dayton, Texas, and 

terminates this rulemaking proceeding. 

See 65 FR 4401, January 27, 2000. The 

withdrawal of the rulemaking petition 

complies with Section 1.420(j) of the 

Commission’s rules. See also 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 00–9, 

adopted August 17, 2005, and released 

August 19, 2005. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

The complete text of this decision may 

also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 

1–800–378–3160 or http:// 

www.BCPIWEB.com. This document is 

not subject to the Congressional Review 

Act. (The Commission, is, therefore, not 

required to submit a copy of this Report 

and Order to GAO, pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A) because the proposed rule 

was dismissed. 

A continuing interest is required 

before a channel will be allotted. 

Because the rulemaking petition and the 

expression of interest in the proposed 

allotment at Dayton have been 

withdrawn, no allotment at Dayton or 

change of community of license will be 

made. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–17521 Filed 9–6–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AU22; 1018–AI48 

Endangered and Threatened Wildlife 

and Plants; Proposed Rule To Remove 

the Arizona Distinct Population 

Segment of the Cactus Ferruginous 

Pygmy-owl From the Federal List of 

Endangered and Threatened Wildlife; 

Proposal To Withdraw the Proposed 

Rule To Designate Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; notice of public 

hearing. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

that we will hold a public hearing (see 

DATES and ADDRESSES sections) on our 

proposed rule to remove the Arizona 

distinct population segment (DPS) of the 

cactus ferruginous pygmy-owl 

(Glaucidium brasilianum cactorum) 

(pygmy-owl) from the Federal List of 

Endangered and Threatened Wildlife, 

eliminate its currently designated 

critical habitat, and to withdraw its 

proposed new critical habitat. This 

public hearing will allow all interested 

parties an opportunity to comment on 

our proposed actions. 

DATES: Comments must be submitted 

directly to the Service (see ADDRESSES) 

on or before October 3, 2005, or at the 

public hearing. Any comments received 

after the closing date may not be 

considered in the final determination on 

the proposal. 

We will hold a public hearing on 

September 20, 2005, from 6:30 p.m. to 

9 p.m. 

ADDRESSES: Public Hearing. The public 

hearing will be held in Tuscon, Arizona, 

at the Tucson Convention Center, 

Apache—Greenlee meeting rooms, 260 

South Church Avenue, Tuscon, AZ 

85710. 

Comments. If you wish to provide 

comments/and or information, you may 

submit your comments and materials by 

any one of several methods: 

1. You may submit written comments 

and information by mail or handdelivery to the Field Supervisor, 

Arizona Ecological Services Field 

Office, 2321 W. Royal Palm Road, Suite 

103, Phoenix, Arizona 85021. 

2. Written comments may be sent by 

facsimile to (602) 242–2513. 

3. You may send your comments by 

electronic mail (e-mail) to: 

cfpo_comments@fws.gov.