43232 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 

translator, or TV booster station shall 

maintain adequate station records, 

including the current instrument of 

authorization, official correspondence 

with the FCC, contracts, permission for 

rebroadcasts, and other pertinent 

documents. 

(b) Entries required by § 17.49 of this 

Chapter concerning any observed or 

otherwise known extinguishment or 

improper functioning of a tower light: 

(1) The nature of such extinguishment 

or improper functioning. (2) The date 

and time the extinguishment or 

improper operation was observed or 

otherwise noted. (3) The date, time and 

nature of adjustments, repairs or 

replacements made. 

(c) The station records shall be 

maintained for inspection at a 

residence, office, or public building, 

place of business, or other suitable 

place, in one of the communities of 

license of the translator or booster, 

except that the station records of a 

booster or translator licensed to the 

licensee of the primary station may be 

kept at the same place where the 

primary station records are kept. The 

name of the person keeping station 

records, together with the address of the 

place where the records are kept, shall 

be posted in accordance with § 74.765(c) 

of the rules. The station records shall be 

made available upon request to any 

authorized representative of the 

Commission. 

(d) Station logs and records shall be 

retained for a period of two years. 

47 CFR 74.1281 information 

collection requirements include the 

following: (a) The licensee of a station 

authorized under this Subpart shall 

maintain adequate station records, 

including the current instrument of 

authorization, official correspondence 

with the FCC, maintenance records, 

contracts, permission for rebroadcasts, 

and other pertinent documents. 

(b) Entries required by § 17.49 of this 

chapter concerning any observed or 

otherwise known extinguishment or 

improper functioning of a tower light: 

(1) The nature of such extinguishment 

or improper functioning. 

(2) The date and time the 

extinguishment of improper operation 

was observed or otherwise noted. 

(3) The date, time and nature of 

adjustments, repairs or replacements 

made. 

(c) The station records shall be 

maintained for inspection at a 

residence, office, or public building, 

place of business, or other suitable 

place, in one of the communities of 

license of the translator or booster, 

except that the station records of a 

booster or translator licensed to the 

licensee of the primary station may be 

kept at the same place where the 

primary station records are kept. The 

name of the person keeping station 

records, together with the address of the 

place where the records are kept, shall 

be posted in accordance with 

§ 74.1265(b) of the rules. The station 

records shall be made available upon 

request to any authorized representative 

of the Commission. 

(d) Station logs and records shall be 

retained for a period of two years. 

47 CFR 78.69 requires each licensee of 

a CARS station shall maintain records 

showing the following: 

(a) For all attended or remotely 

controlled stations, the date and time of 

the beginning and end of each period of 

transmission of each channel; 

(b) For all stations, the date and time 

of any unscheduled interruptions to the 

transmissions of the station, the 

duration of such interruptions, and the 

causes thereof; 

(c) For all stations, the results and 

dates of the frequency measurements 

made pursuant to § 78.113 and the name 

of the person or persons making the 

measurements; 

(d) For all stations, when service or 

maintenance duties are performed, 

which may affect a station’s proper 

operation, the responsible operator shall 

sign and date an entry in the station’s 

records, giving: 

(1) Pertinent details of all transmitter 

adjustments performed by the operator 

or under the operator’s supervision. 

(e) When a station in this service has 

an antenna structure which is required 

to be illuminated, appropriate entries 

shall be made as follows: 

(1) The time the tower lights are 

turned on and off each day, if manually 

controlled. 

(2) The time the daily check of proper 

operation of the tower lights was made, 

if an automatic alarm system is not 

employed. 

(3) In the event of any observed or 

otherwise known failure of a tower 

light: 

(i) Nature of such failure. 

(ii) Date and time the failure was 

observed or otherwise noted. 

(iii) Date, time, and nature of the 

adjustments, repairs, or replacements 

made. 

(iv) Identification of Flight Service 

Station (Federal Aviation 

Administration) notified of the failure of 

any code or rotating beacon light not 

corrected within 30 minutes, and the 

date and time such notice was given. 

(v) Date and time notice was given to 

the Flight Service Station (Federal 

Aviation Administration) that the 

required illumination was resumed. 

(4) Upon completion of the 3-month 

periodic inspection required by 

§ 78.63(c): 

(i) The date of the inspection and the 

condition of all tower lights and 

associated tower lighting control 

devices, indicators, and alarm systems. 

(ii) Any adjustments, replacements, or 

repairs made to insure compliance with 

the lighting requirements and the date 

such adjustments, replacements, or 

repairs were made. 

(f) For all stations, station record 

entries shall be made in an orderly and 

legible manner by the person or persons 

competent to do so, having actual 

knowledge of the facts required, who 

shall sign the station record when 

starting duty and again when going off 

duty. 

(g) For all stations, no station record 

or portion thereof shall be erased, 

obliterated, or willfully destroyed 

within the period of retention required 

by rule. Any necessary correction may 

be made only by the person who made 

the original entry who shall strike out 

the erroneous portion, initial the 

correction made, and show the date the 

correction was made. 

(h) For all stations, station records 

shall be retained for a period of not less 

than 2 years. The Commission reserves 

the right to order retention of station 

records for a longer period of time. In 

cases where the licensee or permittee 

has notice of any claim or complaint, 

the station record shall be retained until 

such claim or complaint has been fully 

satisfied or until the same has been 

barred by statute limiting the time for 

filing of suits upon such claims. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2017–19535 Filed 9–13–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0568, OMB 3060–0991] 

Information Collections Being 

Reviewed by the Federal 

Communications Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act (PRA), the Federal Communications 

Commission (FCC or Commission) 

invites the general public and other 


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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43233 

Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

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; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

control number. 

DATES: Written comments should be 

submitted on or before November 13, 

2017. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contacts below as soon as 

possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: As part of 

its continuing effort to reduce 

paperwork burdens, and as required by 

the PRA of 1995 (44 U.S.C. 3501–3520), 

the FCC invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collections. 

Comments are requested concerning: 

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; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

OMB Control Number: 3060–0568. 

Title: Sections 76.970, 76.971 and 

76.975, Commercial Leased Access 

Rates, Terms and Conditions. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Businesses or other forprofit, State, Local or Tribal 

Government. 

Number of Respondents and 

Responses: 4,030 respondents; 11,970 

responses. 

Estimated Time per Response: 2 

minutes–10 hours. 

Frequency of Response: 

Recordkeeping requirement; On 

occasion reporting requirement; Third 

party disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is contained 

in Sections 154(i) and 612 of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 59,671 hours. 

Total Annual Cost: $74,000. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Needs and Uses: The information 

collection requirements for this 

collection are contained in the following 

rule sections: 

47 CFR 76.970(h) requires cable 

operators to provide the following 

information within 15 calendar days of 

a request regarding leased access (for 

systems subject to small system relief, 

cable operators are required to provide 

the following information within 30 

days of a request regarding leased 

access): 

(a) A complete schedule of the 

operator’s full-time and part-time leased 

access rates; 

(b) How much of the cable operator’s 

leased access set-aside capacity is 

available; 

(c) Rates associated with technical 

and studio costs; 

(d) If specifically requested, a sample 

leased access contract; and 

(e) Operators must maintain 

supporting documentation to justify 

scheduled rates in their files. 

47 CFR 76.971 requires cable 

operators to provide billing and 

collection services to leased access 

programmers unless they can 

demonstrate the existence of third party 

billing and collection services which, in 

terms of cost and accessibility, offer 

leased access programmers an 

alternative substantially equivalent to 

that offered to comparable non-leased 

access programmers. 

47 CFR 76.975(b) requires that 

persons alleging that a cable operator’s 

leased access rate is unreasonable must 

receive a determination of the cable 

operator’s maximum permitted rate 

from an independent accountant prior 

to filing a petition for relief with the 

Commission. 

47 CFR 76.975(c) requires that 

petitioners attach a copy of the final 

accountant’s report to their petition 

where the petition is based on 

allegations that a cable operator’s leased 

access rates are unreasonable. 

OMB Control Number: 3060–0991. 

Title: AM Measurement Data. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit entities. 

Number of Respondents and 

Responses: 1,900 respondents; 3,335 

responses. 

Estimated Hours per Response: 0.50– 

25 hours. 

Frequency of Response: 

Recordkeeping requirement, Third party 

disclosure requirement, On occasion 

reporting requirement. 

Total Annual Burden: 20,780 hours. 

Total Annual Cost: $2,171,500. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in Section 

154(i) of the Communications Act of 

1934, as amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

treatment with this collection of 

information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: The following 

information collection requirements are 

contained in this collection: 

47 CFR 73.54(c) requires that AM 

licensees file a letter notification with 

the FCC when determining power by the 

direct method. In addition, Section 

73.54(c) requires that background 

information regarding antenna 

resistance measurement data for AM 

stations must be kept on file at the 

station. 

47 CFR 73.54(d) requires AM stations 

using direct reading power meters to 

either submit the information required 

by (c) or submit a statement indicating 

that such a meter is being used. 

47 CFR 73.61(a) states each AM 

station using a directional antenna with 

monitoring point locations specified in 

the instrument of authorization must 

make field strength measurements at the 


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43234 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 

monitoring point locations specified in 

the instrument of authorization, as often 

as necessary to ensure that the field at 

those points does not exceed the values 

specified in the station authorization. 

Additionally, stations not having an 

approved sampling system must make 

the measurements once each calendar 

quarter at intervals not exceeding 120 

days. The provision of this paragraph 

supersedes any schedule specified on a 

station license issued prior to January 1, 

1986. The results of the measurements 

are to be entered into the station log 

pursuant to the provisions of Section 

73.1820. 

47 CFR 73.61(b) states if the AM 

license was granted on the basis of field 

strength measurements performed 

pursuant to Section 73.151(a), partial 

proof of performance measurements 

using the procedures described in 

Section 73.154 must be made whenever 

the licensee has reason to believe that 

the radiated field may be exceeding the 

limits for which the station was most 

recently authorized to operate. 

47 CFR 73.61(c) requires a station may 

be directed to make a partial proof of 

performance by the FCC whenever there 

is an indication that the antenna is not 

operating as authorized. 

47 CFR 73.62(b) requires an AM 

station with a directional antenna 

system to measure and log every 

monitoring point at least once for each 

mode of directional operation within 24 

hours of detection of variance of 

operating parameters from allowed 

tolerances. 

47 CFR 73.68(c) states a station having 

an antenna sampling system constructed 

according to the specifications given in 

paragraph (a) of this section may obtain 

approval of that system by submitting 

an informal letter request to the FCC in 

Washington, DC, Attention: Audio 

Division, Media Bureau. The request for 

approval, signed by the licensee or 

authorized representative, must contain 

sufficient information to show that the 

sampling system is in compliance with 

all requirements of paragraph (a) of this 

section. 

47 CFR 73.68(d) states in the event 

that the antenna monitor sampling 

system is temporarily out of service for 

repair or replacement, the station may 

be operated, pending completion of 

repairs or replacement, for a period not 

exceeding 120 days without further 

authority from the FCC if all other 

operating parameters and the field 

monitoring point values are within the 

limits specified on the station 

authorization. 

47 CFR 73.68(e)(1) Special Temporary 

Authority (see Section 73.1635) shall be 

requested and obtained from the 

Commission’s Audio Division, Media 

Bureau in Washington to operate with 

parameters at variance with licensed 

values pending issuance of a modified 

license specifying parameters 

subsequent to modification or 

replacement of components. 

47 CFR 73.68(e)(4) states request for 

modification of license shall be 

submitted to the FCC in Washington, 

DC, within 30 days of the date of 

sampling system modification or 

replacement. Such request shall specify 

the transmitter plate voltage and plate 

current, common point current, base 

currents and their ratios, antenna 

monitor phase and current indications, 

and all other data obtained pursuant to 

this paragraph. 

47 CFR 73.68(f) states if an existing 

sampling system is found to be patently 

of marginal construction, or where the 

performance of a directional antenna is 

found to be unsatisfactory, and this 

deficiency reasonably may be attributed, 

in whole or in part, to inadequacies in 

the antenna monitoring system, the FCC 

may require the reconstruction of the 

sampling system in accordance with 

requirements specified above. 

47 CFR 73.69(c) requires AM station 

licensees with directional antennas to 

file an informal request to operate 

without required monitors with the 

Media Bureau in Washington, DC, when 

conditions beyond the control of the 

licensee prevent the restoration of an 

antenna monitor to service within a 120 

day period. This request is filed in 

conjunction with Section 73.3549. 

47 CFR 73.69(d)(1) requires that AM 

licensees with directional antennas 

request to obtain temporary authority to 

operate with parameters at variance 

with licensed values when an 

authorized antenna monitor is replaced 

pending issuance of a modified license 

specifying new parameters. 

47 CFR 73.69(d)(5) requires AM 

licensees with directional antennas to 

submit an informal request for 

modification of license to the FCC 

within 30 days of the date of antenna 

monitor replacement. 

47 CFR 73.151(c)(1)(ix) states the 

orientation and distances among the 

individual antenna towers in the array 

shall be confirmed by a postconstruction certification by a land 

surveyor (or, where permitted by local 

regulation, by an engineer) licensed or 

registered in the state or territory where 

the antenna system is located. 

47 CFR 73.151(c)(2)(i) describes 

techniques for moment method 

modeling, sampling system 

construction, and measurements that 

must be taken as part of a moment 

method proof. A description of the 

sampling system and the specified 

measurements must be filed with the 

license application. 

47 CFR 73.151(c)(3) states reference 

field strength measurement locations 

shall be established in directions of 

pattern minima and maxima. On each 

radial corresponding to a pattern 

minimum or maximum, there shall be at 

least three measurement locations. The 

field strength shall be measured at each 

reference location at the time of the 

proof of performance. The license 

application shall include the measured 

field strength values at each reference 

point, along with a description of each 

measurement location, including GPS 

coordinates and datum reference. 

47 CFR 73.154 requires the result of 

the most recent partial proof of 

performance measurements and analysis 

to be retained in the station records and 

made available to the FCC upon request. 

Maps showing new measurement points 

shall be associated with the partial proof 

in the station’s records and shall be 

made available to the FCC upon request. 

47 CFR 73.155 states a station 

licensed with a directional antenna 

pattern pursuant to a proof of 

performance using moment method 

modeling and internal array parameters 

as described in § 73.151(c) shall 

recertify the performance of that 

directional antenna pattern at least once 

within every 24 month period. 

47 CFR 73.155(c) states the results of 

the periodic directional antenna 

performance recertification 

measurements shall be retained in the 

station’s public inspection file. 

47 CFR 73.158(b) requires a licensee 

of an AM station using a directional 

antenna system to file a request for a 

corrected station license when the 

description of monitoring point in 

relation to nearby landmarks as shown 

on the station license is no longer 

correct due to road or building 

construction or other changes. A copy of 

the monitoring point description must 

be posted with the existing station 

license. 

47 CFR 73.3538(b) requires a 

broadcast station to file an informal 

application to modify or discontinue the 

obstruction marking or lighting of an 

antenna supporting structure. 

47 CFR 73.3549 requires licensees to 

file with the FCC requests for extensions 

of authority to operate without required 

monitors, transmission system 

indicating instruments, or encoders and 

decoders for monitoring and generating 

the Emergency Alert System codes. 

Such requests musts contain 

information as to when and what steps 

were taken to repair or replace the 

defective equipment and a brief 


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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43235 

description of the alternative procedures 

being used while the equipment is out 

of service. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2017–19534 Filed 9–13–17; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0760] 

Information Collection Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act (PRA) of 1995, the Federal 

Communications Commission (FCC or 

the Commission) invites the general 

public and other Federal agencies to 

take this opportunity to comment on the 

following information collection. 

Comments are requested concerning: 

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; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The Commission may not conduct or 

sponsor a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. No person shall 

be subject to any penalty for failing to 

comply with a collection of information 

subject to the PRA that does not display 

a valid OMB control number. 

DATES: Written comments should be 

submitted on or before October 16, 

2017. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contacts listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, OMB, via email 

Nicholas_A._Fraser@omb.eop.gov; and 

to Nicole Ongele, FCC, via email PRA@

fcc.gov and to Nicole.Ongele@fcc.gov. 

Include in the comments the OMB 

control number as shown in the 

SUPPLEMENTARY INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection, contact Nicole 

Ongele at (202) 418–2991. To view a 

copy of this information collection 

request (ICR) submitted to OMB: (1) Go 

to the Web page http://www.reginfo.gov/ 

public/do/PRAMain, (2) look for the 

section of the Web page called 

‘‘Currently Under Review,’’ (3) click on 

the downward-pointing arrow in the 

‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the 

right of the ‘‘Select Agency’’ box, (6) 

when the list of FCC ICRs currently 

under review appears, look for the OMB 

control number of this ICR and then 

click on the ICR Reference Number. A 

copy of the FCC submission to OMB 

will be displayed. 

SUPPLEMENTARY INFORMATION: As part of 

its continuing effort to reduce 

paperwork burdens, and as required by 

the Paperwork Reduction Act (PRA) of 

1995 (44 U.S.C. 3501–3520), the Federal 

Communications Commission (FCC or 

the Commission) invites the general 

public and other Federal agencies to 

take this opportunity to comment on the 

following information collection. 

Comments are requested concerning: 

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; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; 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; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

OMB Control Number: 3060–0760. 

Title: 272 Sunset Order, WC Docket 

No. 06–120; Access Charge Reform, CC 

Docket No. 96–262, First Report and 

Order; Second Order on 

Reconsideration and Memorandum 

Opinion and Order; and Fifth Report 

and Order; Business Data Services 

Report and Order, WC Docket No. 16– 

143 et al. 

Form Number: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents and 

Responses: 13 respondents; 66 

responses. 

Estimated Time per Response: 3–80 

hours. 

Frequency of Response: One-time 

reporting requirement; on-occasion 

reporting requirement; third-party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 1, 4(i)–(j), 201– 

205, and 303(r) of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

154(i)–(j), 201–205, and 303(r). 

Total Annual Burden: 1,256 hours. 

Total Annual Cost: $61,050. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

The information requested is not of a 

confidential nature. However, 

respondents may request materials or 

information submitted to the 

Commission be withheld from public 

inspection under 47 CFR 0.459 of the 

Commission’s rules. 

Needs and Uses: On April 28, 2017, 

the Commission released the Business 

Data Services Order, WC Docket No. 16– 

143 et al., FCC 17–43, reforming the 

business data services/special access 

regulations for incumbent and 

competitive LECs. The Commission’s 

reforms included replacing the 

application-based pricing flexibility 

rules with a new framework under 

which: (a) Packet-based services, time 

division multiplexing (TDM) services 

with bandwidth greater than 45 mbps, 

and TDM transport services are not 

subject to ex ante pricing regulation; (b) 

a new standard is applied to determine 

the extent to which the Commission 

regulates price cap LECs’ TDM end user 

channel terminations with bandwidth 

less than 45 mbps and certain other low 

bandwidth business data services. 

Under this standard, a price cap LEC is 

not subject to ex ante pricing regulation 

in the provision of these services in 

counties deemed competitive under the 

Commission’s competitive market test 

or for which the price cap LEC 

previously obtained Phase II pricing 

flexibility; (c) the price cap LEC is 

subject to ex ante pricing regulation in 

other counties where it is the incumbent 

LEC, but in these counties the price cap 

LEC has downward pricing flexibility 

(i.e., the equivalent of Phase I pricing 


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