Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30581

the use of Inmarsat aeronautical services

in the United States.

11. Objectives. To propose rules to

govern the use of Inmarsat-based

aeronautical services in the United

States.

12. Legal Basis. Authority as proposed

for this rulemaking is contained in the

provisions of the Communications Act,

47 U.S.C. §§ 151, 154, 303(r), 403, and

405.

13. Description, Potential Impact and

Number of Small Entities Affected.

None.

14. Reporting, Record Keeping and

Other Compliance Requirements. None.

15. Federal Rules Which Overlap,

Duplicate or Conflict with this Rule.

None.

16. Any Significant Alternatives

Minimizing Impact on Small Entities

and Consistent with Stated Objectives.

None.

Paperwork Reduction Act

17. This NPRM contains a proposed

information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public and the Office

of Management and Budget (OMB) to

comment on the information collections

contained in this NPRM, as required by

the Paperwork Reduction Act of 1995,

Public Law No. 104–13. Public and

agency comments are due at the same

time as other comments on this NPRM;

OMB notification of action is due

August 16, 1996. 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 burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

Procedural Provisions

18. This is a non-restricted notice and

comment rulemaking proceeding. Ex

Parte presentations are permitted,

except during the Sunshine Agenda

period, provided they are disclosed as

provided in 47 CFR § 1.1206(a).

19. Pursuant to applicable procedures

set forth in Sections 1.415 and 1.419 of

the Commission’s rules, 47 CFR §§ 1.415

and 1.419, interested parties may file

comments on or before July 17, 1996

and reply comments on or before

August 16, 1996. To file formally in this

proceeding, you must file an original

plus four copies of all comments, reply

comments and supporting comments. If

you want a Commissioner to receive a

personal copy of your comments and

reply comments you must file an

original plus nine copies. You should

send comments and reply comments to

the Office of the Secretary, Federal

Communications Commission, 1919 M

Street, N.W., Washington, D.C. 20554.

Comments and reply comments will be

available for public inspection during

regular business hours in the

Commission Public Reference Center,

Room 239, Federal Communications

Commission, 1919 M Street, N.W.

Washington, D.C. 20554.

20. Written comments by the public

on the proposed and/or modified

information collections are due July 17,

1996 and reply comments on or before

August 16, 1996. Written comments

must be submitted by the Office of

Management and Budget (OMB) on the

proposed and/or modified information

collections on or before August 16,

1996. In addition to filing comments

with the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to Dorothy Conway, Federal

Communications Commission, Room

234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to

dconway@fcc.gov and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725-

17th Street, N.W., Washington, DC

20503 or via the Internet to fain—

t@al.eop.gov. For additional information

concerning the information collections

contained in this NPRM contact Dorothy

Conway at 202–418–0217.

Ordering Clauses

21. Accordingly, it is further ordered

that the Secretary shall send a copy of

this Further Notice of Proposed

Rulemaking to the Chief Counsel for

Advocacy of the Small Business

Administration in accordance with

paragraph 603(a) of the Regulatory

Flexibility Act, Public Law No. 96–354,

94 Stat. 1164, 5 U.S.C. §§ 601 et. seq.

(1981).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 96–15268 Filed 6–14–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 64

[CC Docket No. 92–77, FCC 96–253]

Billed Party Preference for O+

InterLATA Calls

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission adopted a

Second Further Notice of Proposed

Rulemaking (NPRM) seeking comment

on tentative conclusions that it should

establish benchmarks for the rates that

consumers are asked to pay for operator

service calls reflecting what consumers

expect to pay for those calls and require

that, if consumers will be charged rates

above the benchmarks, the operator

service provider (OSP) offering services

through payphones and other aggregator

locations disclose the applicable charges

for the call to the consumer orally before

connecting the call. The NPRM also

seeks comment on what benchmark

rates the Commission should establish,

as well as on an alternative that would

require all OSPs to disclose their rates

orally on all operator service calls. The

NPRM also solicits comment on

whether the FCC should forbear from

applying informational tariff filing

requirements for interstate operator

services, and, if not, on proposed rules

and a waiver policy with respect to the

filing of such tariffs. Finally, the

Commission seeks comment on the best

means to remedy the problem of high

rates charged by some carriers that serve

phones in prisons that are used by

inmates to make collect calls. The

proposed rule changes are intended to

enable consumers to make better

informed decisions whether to use a

particular OSP when making a call from

a payphone or other aggregator location

away from home.

DATES: Written comment by the public

on the Second Further Notice of

Proposed RuleMaking and the proposed

and/or modified information collections

are due July 17, 1996. Reply comments

are due on August 16, 1996. Written

comments by the Office of Management

and Budget (OMB) on the proposed and/

or modified information collections are

due on or before August 16, 1996.

ADDRESSES: Comments and reply

comments should be sent to the

Secretary, Federal Communications

Commission, 1919 M St. N.W.,

Washington, DC 20554. In addition to

filing comments with the Secretary, a

copy of any comments on the

information collections contained

herein should be submitted to Dorothy

Conway, Federal Communications
30582 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

Commission, Room 234, 1919 M Street,

N.W., Washington, DC 20554, or via the

Internet to dconway@fcc.gov, and to

Timothy Fain, OMB Desk Officer, 10236

NEOB, 725–17th Street, N.W.,

Washington, DC 20503 or via the

Internet to fain—t@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Adrien Auger, Enforcement Division,

Common Carrier Bureau, (202) 418–

0960. For additional information

concerning the information collections

contained in this Second Further Notice

of Proposed RuleMaking contact

Dorothy Conway at 202/418–0217, or

via the Internet at dconway@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Further Notice of Proposed Rulemaking

in Billed Party Preference, CC Docket

No. 92–77, FCC 96–252, adopted June 4,

1995, and released June 6, 1996. The

full text of this Commission NPRM is

available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 239, 1919

M St., N.W., Washington, DC. The

complete text of the NPRM may also be

purchased from the Commission’s

duplicating contractor, International

Transcription Services, 2100 M St.,

N.W., Suite 140, Washington, D.C.

20037 (202) 857–3800. The NPRM

contains proposed or modified

information collections subject to the

Paperwork Reduction Act of 1995,

Public Law No. 104–13 (PRA). It has

been submitted to OMB for review

under Section 3507(d) of the PRA. OMB,

the general public, and other Federal

agencies are invited to comment on the

proposed or modified information

collections contained in this

proceeding.

Paperwork Reduction Act

The NPRM contains proposed or

modified information collections. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public and OMB to

comment on the information collections

contained in the NPRM, as required by

the PRA. Public and agency comments

are due at the same time as other

comments on the NPRM; OMB

comments are due August 16, 1996.

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 burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

(1) OMB Control Number: None.

Title: Proposed benchmark system.

Type of Review: New collection.

Respondents: Business or other forprofit, including small business.

Number of Respondents: 10.

Estimated Time per Response: 2

hours.

Total Annual Burden: 20 hours.

Estimated Cost Per Respondent: $0.

Needs and Uses: Oral disclosure, at

point of purchase, of the specific

charges, including any surcharges, that

would be charged for interstate operator

services is necessary to enable

consumers to make informed decisions

whether to use a particular OSP when

making a call from a payphone or other

aggregator location.

(2) OMB Control Number: None.

Title: Proposed certification

requirement.

Type of Review: New collection.

Respondents: Business or other forprofit, including small business.

Number of Respondents: 190.

Estimated Time per Response: 10

minutes.

Total Annual Burden: 1900 minutes.

Estimated Cost Per Respondent: $0.

Needs and Uses: Certification that an

interstate operator service provider’s

rates and associated surcharges do not

exceed FCC-established benchmarks

will better protect consumers from

unexpected high charges and obviate

the need for the operator service

provider to file and maintain an

informational tariff, which does not

provide potential consumers with

advance notice of rate changes.

(3) OMB Control Number: None.

Title: Proposed reporting requirement.

Type of Review: New collection.

Respondents: Business or other forprofit, including small business.

Number of Respondents: 10.

Estimated Time per Response: 50

hours.

Total Annual Burden: 500 burden

hours.

Estimated Cost Per Respondent: $0.

Needs and Uses: Currently, under 47

U.S.C. 226(h)(1)(A), OSPs must file and

maintain informational tariffs of

applicable charges for interstate

operator services provided from

payphones and other aggregator

locations. Should the Commission

determine that it should not forbear

from enforcing this section of the

Communications Act, informational

tariffs specifying applicable rates and

surcharges for a particular call in dollars

and cents will enable consumers to

ascertain whether they wish to use a

particular OSP when making a

payphone call.

Summary of Notice of Proposed Rule

Making

I. Background

In 1992, the Commission adopted

Billed Party Preference for 0+

InterLATA Calls, CC Docket No. 92–77,

Notice of Proposed Rulemaking, 7 FCC

Rcd 3027, 57 FR 24574 (June 10, 1992),

initiating a rulemaking proceeding to

consider the merits of an automated

‘‘billed party preference’’ (BPP) routing

methodology for 0+ interLATA traffic.

The Commission tentatively concluded

that BPP is, in concept, in the public

interest, but sought comments on the

costs and benefits of BPP as well as on

a number of aspects of how BPP might

be implemented.

In 1994, the Commission adopted a

Further Notice of Proposed Rulemaking,

9 FCC Rcd 3320, 59 FR 30754 (June 15,

1994), seeking further comment. The

Commission found that the available

evidence indicated that the benefits of

BPP outweighed its costs, but that some

of the data underlying its cost/benefit

analysis were not as precise and current

as it desired. Therefore, the Commission

sought additional and updated data,

further comment on its cost/benefit

analysis of BPP, and proposals for less

costly alternatives to BPP.

II. Discussion

Currently, interstate 0+ calls—that is,

interstate calls that are made by entering

a ‘‘0’’ followed by a telephone number—

are routed to the OSP selected by either

the premises owner or the provider of

the phone. The Commission found that

this has led many callers to be charged

substantially higher rates than they

expected. Therefore, the Commission

now tentatively concludes that it should

adopt a benchmark reflecting what

consumers expect to pay for interstate

0+ calls and require OSPs to orally

disclose the total charges for which

consumers will be liable for a call if

those charges are above the benchmark.

The Commission believes that this will

help ensure that consumers are not

surprised by unexpectedly high charges

for their 0+ calls, but rather, that

consumers can make better informed

choices about which OSP to use for

their calls.

The Commission also seeks comment

on whether it should, alternatively,

require all OSPs to disclose the prices

for all 0+ calls, thereby avoiding the

need to establish benchmarks, or

whether the cost of such a disclosure

requirement to OSPs, and ultimately to

consumers, would exceed the benefit to
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules 30583

consumers, especially with regard to 0+

calls priced at or below levels that

consumers generally expect. The

Commission also seeks comment on, if

it establishes a benchmark, where it

should be set. The NPRM describes a

number of benchmark options proposed

by interested parties, including the

average rate charged by AT&T, MCI, and

Sprint, a level 15-percent above that

average, and a fixed set of rates

proposed by an OSP industry coalition.

The Commission also considers several

qualifications to the benchmark that

would make OSP compliance

administratively easier.

The Commission also seeks comment

on whether, under the recently-enacted

Telecommunications Act of 1996, it

must forbear from applying

informational tariff filing requirements

and, if not, on proposed rules and a

waiver policy with respect to the filing

of such tariffs. Comments are also

requested on whether the public interest

would be better served by means other

than BPP for calls from inmate-only

telephones in prisons and other

correctional institutions.

III. Comments and Ex Parte

Presentations

All interested parties may file

comments on the issues set forth in the

NPRM, on which comment is

specifically sought, by July 17, 1996,

and reply comments by August 16,

1996. All relevant and timely comments

will be considered by the Commission

before final action is taken in this

proceeding. To file formally in this

proceeding, participants must file in

accordance with the ordering clauses

below. Parties are invited to submit, in

conjunction with their comments or

replies, proposed text for rules that the

Commission could adopt in this

proceeding. Specific rule proposals

should be filed as an appendix to a

party’s comments or reply.

This is a non-restricted notice and

comment rule making proceeding. Ex

parte presentations are permitted,

except during the Sunshine Agenda

period, provided they are disclosed as

provided in Commission rules. See,

generally, 47 CFR 1.1202, 1.1203, and

1.1206(a).

IV. Conclusion

The NPRM tentatively concludes that

the FCC should: (1) establish

benchmarks for OSPs’ rates and

associated charges that reflect

consumers’ expectations; and (2) require

OSPs whose charges and related

aggregator surcharges or premises-owner

fees exceed such benchmarks to disclose

orally to consumers, before connecting a

call, the total charges for which

consumers would be liable. In the

alternative, the FCC seeks comment on

whether it should require OSPs to give

specific rate information for all 0+ calls

before connecting the calls. It also

solicits comment on proposed rules

with respect to the filing of

informational tariffs for interstate

operator services and the extent to

which it must or may forbear from

enforcing the requirements for such

tariffs. Finally, it solicits comment

whether the public interest would be

better served by alternative remedies

than BPP for high rates charged by some

carriers serving prisons.

V. Regulatory Flexibility Analysis

Reason for Action

The Commission is issuing the NPRM

to consider alternatives to the

implementation of Billed Party

Preference by local exchange carriers, to

protect consumers from excessive

charges in connection with interstate

operator services, and to help ensure

that consumers are aware of the price of

a long distance operator service call

before incurring charges.

Objectives. The objective of the NPRM

is to propose requirements regarding

charges and surcharges applicable to

interstate operator services and to

provide an opportunity for public

comment thereon.

Legal Basis. Sections 1, 4(i), 4(j), 201–

205, 226 and 228 of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 154(j),

201–205, 226, 228.

Description, potential impact, and

number of small entities affected. The

proposed rules will require that

interexchange carriers’ Informational

Tariffs, filed pursuant to Section 226 of

the Communications Act, contain

specific rates for their operator services.

Hundreds of small operator services

companies may have to file substitute

tariffs and will have to implement other

information disclosure requirements if

their rates, and related payphone

premises-owners’ fees or aggregator

surcharges, substantially exceed the

rates charged by AT&T, MCI and Sprint.

Small entities may feel some economic

impact in additional printing costs,

message production and recording costs

due to these requirements.

Reporting, record-keeping, and other

compliance requirements. The proposed

rules would require carriers charging

rates above an established benchmark to

provide audibly to consumers the price,

or maximum price, of the call before

connecting a call.

Federal rules that overlap, duplicate,

or conflict with the Commission’s

proposal. None.

Any significant alternatives

minimizing impact on small entities and

consistent with stated objectives. None

apparent at this time.

Comments are solicited. The FCC

requests written comments on this

Initial Regulatory Flexibility Analysis.

These comments must be filed in

accordance with the same filing

deadlines set for comments on the other

issues in the NPRM, but they must have

a separate and distinct heading

designating them as responses to this

Regulatory Flexibility Analysis. The

FCC is sending a copy of the NPRM to

the Chief Counsel for Advocacy of the

Small Business Administration in

accordance with Section 603(a) of the

Regulatory Flexibility Act. See 5 U.S.C.

601, et seq.

VI. Ordering Clauses

1. Accordingly, It is Ordered,

pursuant to Sections 1, 4(i), 4(j), 10,

201–205, 218 and 226 of the

Communications Act of 1934, as

amended, 47 U.S.C. § 151, 154(i), 154(j),

160, 201–205, 218, 226, that a Second

Further Notice of Proposed Rule Making

is Issued, proposing the amendment of

47 CFR Part 64 as set forth below.

2. It is further ordered that, pursuant

to applicable procedures set forth in

§§ 1.415 and 1.419 of the Commission’s

Rules, 47 CFR 1.415, 1.419, comments

Shall be filed with the Secretary,

Federal Communications Commission,

Washington, D.C. 20554 on or before

July 17, 1996. Reply comments should

be filed no later than August 16, 1996.

To file formally in this proceeding,

participants must file an original and six

copies of all comments, reply

comments, and supporting comments. If

participants want each Commissioner to

receive a personal copy of their

comments, an original plus nine copies

must be filed. In addition, parties

should file two copies of any such

pleadings with the Enforcement

Division, Common Carrier Bureau,

Room 6008, 2025 M Street N.W.,

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,

Room 140, 2100 M Street, N.W.,

Washington, D.C. 20037. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center (Room 239) of the Federal

Communications Commission, 1919 M

Street, N.W., Washington, D.C. 20554.
30584 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Proposed Rules

3. It is further ordered that, in order

to facilitate review of comments and

reply comments, both by parties and by

Commission staff, we require that

comments and reply comments include

a summary of the substantive arguments

raised in the pleading. Comments and

reply comments must also comply with

section 1.49 and all other applicable

sections of the Commission’s Rules. See

47 CFR § 1.49. Parties are also asked to

submit comments and reply comments

on diskette. Such diskette submissions

would be in addition to the formal filing

requirements addressed above. Parties

submitting diskettes should submit

them to Adrien Auger of the Common

Carrier Bureau, 2025 M Street, N.W.,

Room 6120, Washington, D.C. 20554.

Such submission should be on a 3.5

inch diskette formatted in an IBM

compatible form using MS DOS 5.0 and

WordPerfect 5.1 software. The diskette

should be submitted in ‘‘read only’’

mode. The diskette should be clearly

labelled with the party’s name,

proceeding, type of pleading (comment

or reply comments) and date of

submission. The diskette should be

accompanied by a cover letter.

4. It is further ordered that any

written comments by the public, as

provided for in the Paper Reduction Act

of 1995, on the proposed and/or

modified information collections are

due July 17, 1996. Written comments

must be submitted by the Office of

Management and Budget on the

proposed and/or modified information

collections on or before August 16,

1996. In addition to filing comments

with the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to Dorothy Conway, Federal

Communications Commission, Room

234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to

dconway@fcc.gov and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725-

17th Street, N.W., Washington, DC

20503 or via the Internet to fain—

t@al.eop.gov.

5. It is further ordered, that the Chief

of the Common Carrier Bureau is

delegated authority to require the

submission of additional information,

make further inquiries, and modify the

dates and procedures in this docket if

necessary to provide for a more

complete record and a more efficient

proceeding.

6. It is further ordered, that the

Secretary shall mail a copy of this

Second Further Notice of Proposed Rule

Making to the Chief Counsel for

Advocacy of the Small Business

Administration, in accordance with

section 603(a) of the Regulatory

Flexibility Act, 5 U.S.C. § 603(a)(1981).

The Secretary shall also cause a

summary of this NPRM to appear in the

Federal Register.

List of Subjects in 47 CFR Part 64

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 64 of Title 47 of the Code of

Federal Regulations is proposed to be

amended as follows:

PART 64—MISCELLANEOUS RULES

RELATING TO COMMON CARRIERS

1. The authority citation for Part 64

continues to read as follows:

Authority: Sec. 4, 48 Stat. 1066, as

amended; 47 U.S.C. 154, unless otherwise

noted. Interpret or apply secs. 201, 218, 226,

228, 48 Stat. 1070, as amended, 1077; 47

U.S.C. 201, 218, 226, 228, unless otherwise

noted.

2. Section 64.703 is amended by

revising paragraph (c) to read as follows:

§ 64.703 Consumer information.

* * * * *

(c) Information disclosure.

(1) Informational tariffs filed pursuant

to 47 U.S.C. § 226(h)(1)(A) shall contain

specific rates expressed in dollars and

cents for all interstate operator services

of the carrier and shall also contain

applicable surcharges, if any, billed on

behalf of aggregators by the carrier or

another billing agent.

(2) Surcharges billed on behalf of

aggregators, if any, shall be specified in

informational tariffs in dollars and

cents.

(3) In order to remove all doubt as to

their proper application, all

informational tariffs must contain clear

and explicit explanatory statements

regarding the rates, i.e., the tariffed price

per unit of service, and the regulations

governing the offering of service in that

tariff.

(4) Operator services providers whose

charges and any applicable aggregator

surcharge for any call exceed any

benchmark established by the

Commission, or exceed benchmarks

established by the Commission for the

initial minute or additional minutes,

shall provide, at no charge before the

call is connected, either the specific

charges, including any aggregator

surcharge or premises owner fee,

applicable to that call, or the maximum

charges, including any aggregator

surcharge or premises owner fee, that

the consumer may be billed for that call.

(5) Informational tariffs shall be

accompanied by a cover letter,

addressed to the Secretary of the

Commission, explaining the purpose of

the filing.

(i) The original of the cover letter

shall be submitted to the Secretary

without attachments, along with FCC

Form 159, and the appropriate fee to the

Mellon Bank, Pittsburgh, Pennsylvania.

(ii) Copies of the cover letter and the

attachments shall be submitted to the

Secretary’s Office, the Commission’s

contractor for public records

duplication, and the Chief, Tariff

Review Branch.

(6) Any changes to the tariff shall be

submitted under a new cover letter with

a complete copy of the tariff, including

changes.

(i) Changes to a tariff shall be

explained in the cover letter but need

not be symbolized on the tariff pages.

(ii) Revised tariffs shall be filed

pursuant to the procedures specified in

subsection 64.703(c)(5).

* * * * *

[FR Doc. 96–15147 Filed 6–14–96; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 96–114; RM–8786]

Radio Broadcasting Services; Fort

Bragg and Willits, CA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Henry Radio

Company, licensee of Station KLLK-FM,

Fort Bragg, California, requesting the

reallotment of Channel 228B from Fort

Bragg to Willits, California, and

modification of the license for Station

KLLK-FM to specify Willits as its

community of license, pursuant to the

provisions of Section 1.420(i) of the

Commission’s Rules. Coordinates for

Channel 228B at Willits are 39–24–36

and 123–21–12.

DATES: Comments must be filed on or

before July 29, 1996, and reply

comments on or before August 13, 1996.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Richard

M. Riehl, Esq., Haley, Bader & Potts,

P.L.C., 4350 North Fairfax Dr., Suite

900, Arlington, VA 22203–1633.