54300 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

There are, however, two important 

limitations to the Bureau’s conclusion 

with respect to free or discount long 

distance service to TRS consumers. 

First, the Financial Incentives 

Declaratory Ruling and this document 

apply only with respect to free or 

discount interstate long distance 

service, not intrastate long distance 

service. Second, the Bureau recognizes 

that provider have long offered discount 

long distance service to TRS consumers 

who use a TTY under the rationale that, 

given the nature of traditional TRS, it 

take substantially longer for parties to a 

traditional TRS call to have a 

conversation than it would for two 

hearing parties to have the same 

conversation. Therefore, providers have 

been permitted to offer discount long 

distance service to TRS consumers so, 

long as the discounts reasonably relate, 

under the functional equivalency 

principle, to equalizing the cost of the 

call based on the added length of a TRS 

call. The Bureau prohibits only those 

long distance discounts for TRS 

consumers that go beyond ensuring that 

the long distance service cost of the TRS 

call is equivalent to what that cost 

would have been for hearing parties. 

Programs directed at giving the 

consumer an incentive to make a TRS 

call in the first place, or to place a 

longer TRS call than consumer might 

otherwise make, are prohibited under 

this document. 

Nothing in the Financial Incentives 

Declaratory Ruling or this document 

precludes interstate TRS providers that 

also offer long distance service from 

offering discounts to all of their 

consumer when the same discount 

applies to both voice and TRS calls. The 

Bureau addresses herein only the 

situation where TRS consumers, but not 

other consumers, are given free long 

distance service (or discount long 

distance service) as incentive for the 

consumer to use the particular TRS 

provider that also offer the long distance 

service, or to make more or longer TRS 

calls. 

Ordering Clauses 

Pursuant to the authority contained in 

section 225 of the communications Act 

of 1934, as amended, 47 U.S.C. 225, and 

§§ 0.141, 0.361, and 1.3 of the 

Communication Rules, 47 CFR 0.141, 

0.361, 1.3, this document is hereby 

adopted. 

Any TRS provider offering to TRS 

consumers financial incentives relating 

to free or discount long distance service, 

as set forth above, shall be eligible for 

compensation from the Interstate TRS 

Fund. 

This document shall be effective 

January 12, 2006. 

Federal Communications Commission. 

Monica Desai, 

Chief, Consumer & Governmental Affairs 

Bureau. 

[FR Doc. 05–18250 Filed 9–13–05; 8:45 am] 

BILLING CODE 6712–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 02–386; FCC 05–29] 

Rules and Regulations Implementing 

Minimum Customer Account Record 

Exchange Obligations on All Local and 

Interexchange Carriers; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: On June 2, 2005 (70 FR 

32258), the Commission published a 

final rule in the Federal Register, which 

adopted new rules to facilitate the 

exchange of customer account 

information between Local Exchange 

Carriers (LECs) and Interexchange 

Carriers (IXCs) and to establish carriers’

responsibilities with respect to such 

exchanges. This document corrects the 

instances in the Federal Register which 

an IXC-initiated PIC Order is referred to 

as a Report and Order. 

DATES: The rules in this document 

contain information collection 

requirements that have not been 

approved by the Office of Management 

and Budget (OMB). The Commission 

will publish a document in the Federal 

Register announcing the effective date 

for these rules. Written comments by the 

public on the new and modified 

information collections are due October 

14, 2005. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Boehley, Consumer & Governmental 

Affairs Bureau at (202) 418–2512 

(voice), or e-mail Lisa.Boehley@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published a document adopting new 

rules to facilitate the exchange of 

customer account information between 

Local Exchange Carriers (LECs) and 

Interexchange Carriers (IXCs). In the 

Federal Register document 05–10974 

published on June 2, 2005 (70 FR 32258) 

make the following corrections: 

1. On page 32259, under the 

Supplementary Information in the first 

column on line 30, PIC Report and 

Order is corrected to read as PIC Order 

and wherever it appears in the 

Supplementary Information. 

2. In § 64.4002, the introductory text, 

paragraphs (a) introductory text, (b) 

introductory text, (b) (6), (c) 

introductory text; and (d) introductory 

text are corrected to read as follows: 

§ 64.4002 Notification obligations of LECs. 

To the extent that the information is 

reasonably available to a LEC, the LEC 

shall provide to an IXC the customer 

account information described in this 

section consistent with § 64.4004. 

Nothing in this section shall prevent a 

LEC from providing additional customer 

account information to an IXC to the 

extent that such additional information 

is necessary for billing purposes or to 

properly execute a customer’s PIC 

Order. 

(a) Customer-submitted PIC Order. 

Upon receiving and processing a PIC 

selection submitted by a customer and 

placing the customer on the network of 

the customer’s preferred interexchange 

carrier at the LEC’s local switch, the 

LEC must notify the IXC of this event. 

The notification provided by the LEC to 

the IXC must contain all of the customer 

account information necessary to allow 

for proper billing of the customer by the 

IXC including but not limited to: 

* * * * * 

(b) Confirmation of IXC-submitted PIC 

Order. When a LEC has placed a 

customer on an IXC’s network at the 

local switch in response to an IXCsubmitted PIC Order, the LEC must send 

a confirmation to the submitting IXC. 

The confirmation provided by the LEC 

to the IXC must include: 

* * * * * 

(6) The carrier identification code of 

the submitting LEC. If the PIC Order at 

issue originally was submitted by an 

underlying IXC on behalf of a toll 

reseller, the confirmation provided by 

the LEC to the IXC must indicate, to the 

extent that this information is known, a 

statement indicating that the customer’s 

PIC is a toll reseller. 

(c) Rejection of IXC-submitted PIC 

Order. When a LEC rejects or otherwise 

does not act upon a PIC Report and 

Order submitted to it by an IXC, the LEC 

must notify the IXC and provide the 

reason(s) why the PIC Order could not 

be processed. The notification provided 

by the LEC to the IXC must state that it 

has rejected the IXC-submitted PIC 

Order and specify the reason(s) for the 

rejection (e.g., due to a lack of 

information, incorrect information, or a 

PIC freeze on the customer’s account). 

The notification must contain the 

identical data elements that were 

provided to the LEC in the original IXCVerDate Aug<18>2005 15:56 Sep 13, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\14SER1.SGM 14SER1
Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54301 

submitted PIC Order (i.e., mirror image 

of the original Order), unless otherwise 

specified by this subsection. If a LEC 

rejects an IXC-submitted PIC Order for 

a multi-line account (i.e., the customer 

has selected the IXC as his PIC for two 

or more lines or terminals associated 

with his billing telephone number), the 

notification provided by the LEC 

rejecting that Order must explain the 

effect of the rejection with respect to 

each line (working telephone number or 

terminal) associated with the customer’s 

billing telephone number. A LEC is not 

required to generate a line-specific or 

terminal-specific response, however, 

and may communicate the rejection at 

the billing telephone level, when the 

LEC is unable to process an entire 

Order, including all working telephone 

numbers and terminals associated with 

a particular billing telephone number. 

In addition, the notification must 

indicate the jurisdictional scope of the 

PIC Order rejection (i.e., intraLATA 

and/or interLATA and/or international). 

If a LEC rejects a PIC Order because: 

* * * * * 

(d) Customer contacts LEC or new IXC 

to cancel PIC. When a LEC has removed 

at its local switch a presubscribed 

customer from an IXC’s network, either 

in response to a customer Order or upon 

receipt of a properly verified PIC Order 

submitted by another IXC, the LEC must 

notify the customer’s former IXC of this 

event. The LEC must provide to the IXC 

the customer account information that is 

necessary to allow for proper final 

billing of the customer by the IXC 

including but not limited to: 

* * * * * 

3. In § 64.4003, the introductory text, 

(a) introductory text, (a) (2), (a) (3), (b) 

introductory text, (b) (2) and (b) (3) are 

corrected to read as follows: 

§ 64.4003 Notification obligations of IXCs. 

To the extent that the information is 

reasonably available to an IXC, the IXC 

shall provide to a LEC the customer 

account information described in this 

section consistent with § 64.4004. 

Nothing in this section shall prevent an 

IXC from providing additional customer 

account information to a LEC to the 

extent that such additional information 

is necessary for billing purposes or to 

properly execute a customer’s PIC 

Order. 

(a) IXC-submitted PIC Order. When a 

customer contacts an IXC to establish 

interexchange service on a 

presubscribed basis, the IXC selected 

must submit the customer’s properly 

verified PIC Order (see 47 CFR 

64.1120(a)) to the customer’s LEC, 

instructing the LEC to install or change 

the PIC for the customer’s line(s) to that 

IXC. The notification provided by the 

IXC to the LEC must contain all of the 

information necessary to properly 

execute the Order including but not 

limited to: 

* * * * * 

(2) The date of the IXC-submitted PIC 

Order; 

(3) The jurisdictional scope of the PIC 

Order (i.e, intraLATA and/or interLATA 

and/or international); and 

* * * * * 

(b) Customer contacts IXC to cancel 

PIC and to select no-PIC status. When 

an end user customer contacts an IXC to 

discontinue interexchange service on a 

presubscribed basis, the IXC must 

confirm that it is the customer’s desire 

to have no PIC and, if that is the case, 

the IXC must notify the customer’s LEC. 

The IXC also is encouraged to instruct 

the customer to notify his LEC. An IXC 

may satisfy this requirement by 

establishing a three-way call with the 

customer and the customer’s LEC to 

confirm that it is the customer’s desire 

to have no PIC and, where appropriate, 

to provide the customer the opportunity 

to withdraw any PIC freeze that may be 

in place. The notification provided by 

the IXC to the LEC must contain the 

customer account information necessary 

to properly execute the cancellation 

Order including but not limited to: 

* * * * * 

(2) The date of the IXC-submitted PIC 

removal Order; 

(3) The jurisdictional scope of the PIC 

removal Order (i.e., intraLATA and/or 

interLATA and/or international); and 

* * * * * 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–18255 Filed 9–13–05; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 05–2338; MB Docket No. 04–408, RM–

11107] 

Radio Broadcasting Services; Hawley 

and Munday, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: At the request of Charles 

Crawford, the Audio Division allots 

Channel 269A at Hawley, Texas, as that 

community’s first local aural 

transmission service. To accommodate 

the proposed Hawley allotment, 

Petitioner proposes to modify the site 

for vacant Channel 270C1 at Munday, 

Texas. See 69 FR 67882, November 22, 

2004. Channel 269A is allotted at 

Hawley at Petitioner’s requested site 9.8 

kilometers (6.1 miles) southeast of the 

community at coordinates 32–32–30 NL 

and 99–45–00 WL. The site for Channel 

270C1 at Munday can be modified to a 

site 34 kilometers (21.1 miles) north of 

the community at coordinates 33–44–53 

NL and 99–42–14 WL. 

DATES: Effective October 11, 2005. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Victoria M. McCauley, Media Bureau, 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 04–408 

adopted August 24, 2005, and released 

August 26, 2005. The full text of this 

Commission decision is available for 

inspection and copying during regular 

business hours at the FCC’s Reference 

Information Center, Portals II, 445 

Twelfth Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC, 

20054, telephone 1–800–378–3160 or 

http://www.BCPIWEB.com. The 

Commission will send a copy of this 

Report and Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

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

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ 47 CFR part 73 is amended as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334 and 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Section 73.202(b), the 

Table of FM Allotments under Texas is 

amended by adding Hawley, Channel 

269A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 05–18028 Filed 9–13–05; 8:45 am] 

BILLING CODE 6712–01–P