67114 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

11. The third condition limits the

waiver to communities where the

services used by the school are

purchased on a non-usage sensitive

basis. By limiting implementation of

this waiver to communities that pay a

flat, non-traffic sensitive rate for

services, it reduces wasted resources

and it protects against abuse by ensuring

that the schools and libraries program

does not incur additional costs based on

the increased utilization. In addition,

the Commission notes that any

additional equipment related to the

provision of Internet service to the

community will not be eligible for

support.

12. The fourth condition limits local

community usage to hours in which the

school or library is not open. By limiting

use for non-educational purposes to

non-operating hours for the schools and

libraries, the Commission guards against

abuse by eliminating the possibility that

community usage may interfere with

usage of services for educational

purposes in schools and libraries. In

accord with this condition, Alaska will

include terms in agreements with ISPs

restricting community usage to nonoperating hours. Specifically,

agreements will include an explicit

statement that service is restricted to

non-operating hours of the school or

library and will designate normal

operating hours, along with the

anticipated school year calendar. The

local Internet service provider will also

be required to demonstrate the

effectiveness of how it will restrict

service to the designated hours.

13. Pursuant to the fifth condition,

excess services must be made available

to all capable service providers in a

neutral manner that does not require or

take into account any commitments or

promises from the service providers.

This condition is consistent with the

Act, which prohibits any discounted

services or network capacity from

‘‘being sold, resold, or transferred by

such user in consideration for money or

any other thing of value.’’ We believe

that this condition will ensure that

excess services are not transferred in

exchange for any benefit to the school,

library, or surrounding community,

whether the benefit is a promise of

particular services, prices, or other thing

of value. This condition will also

protect against fraud, waste, and abuse

by providing that all public, tribal, nonprofit, and commercial entities will be

treated equally. We note that there may

be circumstances in which demand for

the excess services by service providers

is greater than the available excess

services. In such instances, the school or

library may determine priority based on

a set of neutral criteria that is consistent

with this condition, such as random

selection, first-come-first-served, or any

other methodology that does not

prioritize based on expectations of

particular benefits to the institution or

surrounding community. The

Commission also notes that this

condition in no way prohibits schools

and libraries from establishing minimal

technical requirements to protect the

integrity of the institution’s network, to

ensure that selected providers are

actually capable of providing service, or

to ensure that selected providers are

prepared to offer service.

14. Therefore, because the

Commission finds that this waiver is in

the public interest and that Alaska has

demonstrated special circumstances, we

find good cause to grant Alaska’s waiver

request subject to the provided

conditions. The Commission is

confident that this waiver will ensure

that appropriate steps will be made to

ensure the integrity of the schools and

libraries universal service mechanism.

III. Ordering Clause

15. Pursuant to sections 1, 4(i), and

254 of the Communications Act of 1934,

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

254 and 1.3 and 1.925 of the

Commission’s rules 47 CFR 1.3 and

1.925, the waiver request filed by the

State of Alaska on January 29, 2001, is

granted, subject to the conditions

indicated herein.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–31868 Filed 12–27–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 64

[CC Docket No. 92–105; FCC 00–257]

Require 711 Dialing for Nationwide

Access to Telecommunications Relay

Services; Correction

AGENCY: Federal Communications

Commission.

ACTION: Correction.

SUMMARY: The Commission published a

document in the Federal Register at 66

FR 54165–01 (October 26, 2001) which

corrected certain rules of the Federal

Communications Commission

(Commission) that concern access to

telecommunications relay services

(TRS). The document should have

amended rule § 64.603 to add a third

sentence to the undesignated

introductory paragraph that reads: ‘‘In

addition, each common carrier

providing telephone voice transmission

services shall provide, not later than

October 1, 2001, access via the 711

dialing code to all relay services as a toll

free call.’’ This document corrects the

sentence to provide the correct date of

October 1, 2001.

DATES: Effective October 12, 2000.

FOR FURTHER INFORMATION CONTACT:

Susan Magnotti, 202/418–0871, fax 202/

418–2345, TTY 202/418–0484,

smagnott@fcc.gov, Network Services

Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: The

Federal Communications Commission

published a document correcting rule

§§ 64.601 and 64.603 in the Federal

Register. In FR Doc. 01–26942,

published October 26, 2001 (66 FR

54165), make the following correction:

PART 64—[CORRECTED]

1. On page 54165, in the second

column, correct the rule amendment in

§ 64.603 to read as follows:

3. In § 64.603, revise the undesignated

introductory text to read as follows:

§ 64.603 Provision of services.

Each common carrier providing

telephone voice transmission services

shall provide, not later than July 26,

1993, in compliance with the

regulations prescribed herein,

throughout the area in which it offers

services, telecommunications relay

services, individually, through

designees, through a competitively

selected vendor, or in concert with other

carriers. Speech-to-speech relay service

and interstate Spanish language relay

service shall be provided by March 1,

2001. In addition, each common carrier

providing telephone voice transmission

services shall provide, not later than

October 1, 2001, access via the 711

dialing code to all relay services as a toll

free call. A common carrier shall be

considered to be in compliance with

these regulations:

* * * * *

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–31867 Filed 12–27–01; 8:45 am]

BILLING CODE 6712–01–P