Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations 10965

Action Compliance time Procedures

(1) Deactivate the windshield spray nozzle

heating elements by cutting wire ME16F20 at

the splice at frame 7. Cap (MS2574–2 caps)

and stow cables.

Within the next 100 hours time-in-service

(TIS) after April 6, 2001 (the effective date

of this AD), unless already accomplished.

Dornier All Operators Telefax (AOT) No.

AOT–228–30–022, dated September 9,

1998, references this action.

(2) Do not install, on any affected airplane,

windshield spray nozzle option SCN 3109.

As of April 6, 2001 (the effective date of this

AD).

Not Applicable.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate, approves your alternative.

Submit your request through an FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Small Airplane Directorate.

Note 1: This AD applies to each airplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For airplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Karl M. Schletzbaum,

Aerospace Engineer, FAA, Small Airplane

Directorate, 901 Locust, Room 301, Kansas

City, Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4090.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD.

(h) How do I get copies of the documents

referenced in this AD? You may obtain copies

of the documents referenced in this AD from

Dornier Luftfahrt GmbH, Product Support,

P.O. Box 1103, D–82230 Wessling, Federal

Republic of Germany; telephone: (08153)

302631; facsimile: (08153) 304463. You may

examine these documents at FAA, Central

Region, Office of the Regional Counsel, 901

Locust, Room 506, Kansas City, Missouri

64106.

Note 2: The subject of this AD is addressed

in German AD Number 1999–030/2, dated

April 8, 1999.

(i) When does this amendment become

effective? This amendment becomes effective

on April 6, 2001.

Issued in Kansas City, Missouri, on

February 8, 2001.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 01–4048 Filed 2–20–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–01–010]

Drawbridge Operation Regulations:

Hackensack River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations governing the operation of

the Lincoln Highway Bridge, at mile 1.8,

across the Hackensack River at Jersey

City, New Jersey. This deviation

authorizes the bridge owner to operate

the bridge from February 12, 2001

through April 10, 2001, as follows: The

draw shall open on signal; except that,

Monday through Thursday, 9 a.m. to 4

p.m., at least a one-hour advance notice

for bridge openings is required and from

9 p.m. on Friday through 5 a.m. on

Monday, at least a four-hour advance

notice for bridge openings is required.

This action is necessary to facilitate

maintenance at the bridge.

DATES: This deviation is effective from

February 12, 2001 through April 10,

2001.

FOR FURTHER INFORMATION CONTACT: Judy

Yee, Project Officer, First Coast Guard

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The

Lincoln Highway Bridge, at mile 1.8,

across the Hackensack River, has a

vertical clearance of 35 feet at mean

high water, and 40 feet at mean low

water in the closed position. The

existing drawbridge operating

regulations require the bridge to open

on signal at all times.

The bridge owner, New Jersey

Department of Transportation, requested

a temporary deviation from the

drawbridge operating regulations to

facilitate necessary structural

maintenance at the bridge. This

deviation from the operating regulations

allows the bridge owner to operate the

bridge from February 12, 2001 through

April 10, 2001, as follows: The draw

shall open on signal; except that,

Monday through Thursday, 9 a.m. to 4

p.m., at least a one-hour advance notice

for bridge openings is required and from

9 p.m. on Friday through 5 a.m. on

Monday, at least a four-hour advance

notice for bridge openings is required.

Thirty days notice to the Coast Guard

for approval of this maintenance repair

was not given by the bridge owner and

was not required because this work

involves vital, unscheduled

maintenance that must be performed

without undue delay.

Vessels that can pass under the bridge

without an opening may do so at all

times during the closed period.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: January 30, 2001.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 01–4227 Filed 2–20–01; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Ch. I

[CC Docket No. 99–273; FCC 01–27]

Provision of Directory Listing

Information Under the

Telecommunications Act of 1934

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts some

of the tentative conclusions contained

in the Subscriber List Information/

Directory Assistance Order and Notice

10966 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations

of Proposed Rulemaking (SLI/DA Order

and Notice). Specifically, the Federal

Communications Commission

(Commission) concludes that competing

directory assistance (DA) providers that

offer call completion services provide

telephone exchange or telephone toll

service and thus are entitled to

nondiscriminatory access to all local

exchange carrier (LEC) directory

assistance, including access to LEC local

directory-assistance databases compiled

by LECs. In this First Report and Order,

the Commission also resolves issues

relating to directory publishing,

specifically, the Commission concludes

that the language concerning directory

publishing ‘‘in any format’’

encompasses telephone directories on

the Internet.

DATES: Effective February 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Gregory Cooke, 202/418–2351, Fax 202/

418–2345, TTY 202/418–0484,

gcooke@fcc.gov, Network Services

Division, Common Carrier Bureau, or

Pam Slipakoff, 202/418–7705, Fax 202/

418–2345, TTY 202/418–0484,

pslipako@fcc.gov, Network Services

Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s First

Report and Order, CC Docket No. 99–

273, FCC 01–27 (First Report and

Order), adopted January 19, 2001 and

released January 23, 2001. The full text

of the First Report and Order is

available for inspection and copying

during the weekday hours of 9 a.m. to

4:30 p.m. in the FCC Reference Center,

Room CY–A257, 445 12th Street, SW,

Washington, DC 20554, or copies may

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 445 12th

Street, SW, Suite CY–B400, Washington,

DC 20554, phone (202) 857–3800.

Synopsis of the First Report and Order

in CC Docket No. 99–273

1. In September 1999, the

Commission released SLI/DA Order and

Notice, CC Docket Nos. 96–115, 96–98,

99–273, Third Report and Order,

Second Order on Reconsideration, and

Notice of Proposed Rulemaking, 14 FCC

Rcd 15550 (1999), 64 FR 51910

(September 9, 1999) in which the

Commission tentatively concluded that

the presence of competing directory

assistance providers benefits

competition and that such providers are

unable fully to compete without

nondiscriminatory access to the

incumbent LECs’ directory assistance

databases. This First Report and Order

adopts some of the tentative conclusions

contained in the SLI/DA Order and

Notice.

2. Specifically, in the First Report and

Order, the Commission concludes that

under section 251(b)(3) of the

Communications Act of 1934, as

amended by the Telecommunications

Act of 1996 (the Act), competing DA

providers that provide offer call

completion services for local or toll calls

provide telephone exchange or

telephone toll service, respectively, as

defined within the Act, and thus are

entitled to nondiscriminatory access to

all directory assistance, including access

to local directory-assistance databases

compiled by LECs. In this First Report

and Order the Commission also stated

that the competitive provision of

directory assistance is a necessary

element of competitive local

telecommunications market, and that

Congress recognized it as such in

section 251 of the Act. To the extent that

such DA providers qualify under section

251(b)(3) of the Act, the Commission

finds that LEC failure to provide such

action not only violates section

251(b)(3), but may also violate section

201(b).

3. In the First Report and Order, the

Commission also explains that, where a

DA provider completes the call and

charges the customer, this service comes

within the meaning of telephone

exchange service and telephone toll

services as defined in sections 3(47) and

3(48) of the Act, respectively. DA

providers that qualify for

nondiscriminatory access under section

251(b)(3) of the Act also are subject to

obligations such as contributing for

universal service, Telecommunications

Relay Service, paying appropriate

assessments for Local Number

Portability administration, and North

American Numbering Plan

Administration.

4. In addition, the Commission

concludes that when a competing local

exchange carrier (CLEC) or an

interexchange carrier (IXC), having

entered an interconnection agreement

with the relevant LEC, designates a DA

provider to act as their agent, that

competing DA provider is entitled to

nondiscriminatory access to the

providing LECs’ local DA database. The

Commission declines to adopt rules

permitting the LEC to restrict the use of

subscriber information to the specific

carrier-principal for which the purchase

was made. Furthermore, the

Commission declines to limit the

manner in which DA providers use the

information beyond the limitation

announced in the Local Competition

Second Report and Order.

5. In the SLI/DA Order and Notice the

Commission sought comment on

whether DA providers falling outside of

251(b)(3) would nevertheless qualify for

protection under sections 201(b) and

202(a). The Commission does not

address these issues in the First Report

and Order, but may address them in a

separate proceeding.

6. The Commission also concludes

that LECs are not required to grant

competing DA providers

nondiscriminatory access to non-local

directory assistance databases that the

LECs acquire form third parties because

LECs do not exercise bottleneck control

over such databases. However, to the

extent that a carrier provides access to

national DA information to any other

DA provider, including another LEC, it

must make that same information

available to competing DA providers

under nondiscriminatory rates, terms,

and conditions as required by this First

Report and Order.

7. In addition, section 251(b)(3) of the

Act and the Commission’s rules prohibit

LECs from charging discriminatory rates

for access to DA databases to competing

DA providers that fall within the

protection of that section. Thus, LECs

must offer access to their DA database

at rates that do not discriminate among

the entities to which they provide

access. Further, failure to provide

directory assistance at

nondiscriminatory and reasonable rates

to DA providers within the protection of

section 251(b)(3) may also constitute an

unjust charge under section 201(b). The

Commission notes that for its

requirement that LECs charge

nondiscriminatory rates for DA to have

any effect, competing DA providers

must have access to the pertinent terms,

conditions, and pricing data. Thus, in

order to make this nondiscrimination

requirement meaningful, the

Commission would expect carriers to

comply with section 252 and make

rates, terms, and conditions data

available to requesting parties in a

timely manner. The Commission also

declines to adopt, for DA purposes, the

rate methodology for subscriber list

information under section 222(e) of the

Act. It concludes that, because of the

statutory differences between directory

assistance and directory publishing, the

Commission can not at this time justify

setting a rate that would apply to both

access to directory assistance databases

and directory publishing. The

Commission’s decision not to impose a

specific pricing structure on directory

assistance notwithstanding our

jurisdiction over DA does not preclude

a state commission from doing so. In

such cases, the Commission would

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Rules and Regulations 10967

adopt the state rate as its own, subject

to the Title II requirements of

reasonableness and nondiscrimination

as set forth in this order. Parties that

wished to challenge such rates on the

basis of non-compliance with Title II

could do so before the Commission in

an enforcement proceeding.

8. The First Report and Order also

resolves other issues relating to

directory publishing. Specifically, the

Commission concludes that the

language concerning directory

publishing ‘‘in any format’’ in section

222(e) of the Act applies to entities that

seek subscriber list information to

publish telephone directories on the

Internet. In addition, because an

Internet directory is published when

Internet users are able to access it, a

directory publisher that requests

subscriber list information for purposes

of placing it on the Internet is seeking

that information ‘‘for the purpose of

publishing a directory’’ within the

meaning of section 222(e). The

Commission finds that extending the

guarantees of section 222(e) to

publishers of telephone directories on

the Internet will further enhance

competition in the market for directory

publishing. In addition, the Commission

believes that specific LEC-mandated use

restrictions are not necessary to ensure

that the interests of LECs are protected.

Thus, the Commission concludes that

publishers of telephone directories on

the Internet should be permitted to use

the data for the purpose for which it was

purchased and should not be restricted

in the manner in which they display or

allow customers to access the data.

9. Finally, the Commission finds that

the oral provisioning of directory

assistance does not constitute

‘‘publication’’ for the purposes of

section 222(e), and thus conclude that

directory assistance should not be

regulated under that section. The

Commission also concludes that the

statutory differences between directory

assistance and directory publishing

should continue to be observed. In the

future, if directory assistance and

directory publishing evolve to resemble

one another more closely, the

Commission may revisit this issue.

Final Regulatory Flexibility Analysis

10. As required by the Regulatory

Flexibility Act (RFA), an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated in the Notice of

Proposed Rule Making (Notice) in this

docket, CC Docket No. 99–273. The

Commission sought written public

comment on the proposals in the Notice,

including comment on the IRFA. No

comments on the IRFA were received.

This present Final Regulatory Flexibility

Certification (Final Certification)

conforms to the RFA.

11. The RFA requires an analysis of

any notice-and-comment type rule

making if the rule will result in a

‘‘significant economic impact’’ on ‘‘a

substantial number of small entities.’’

There are four categories of entities that

might be affected by the requirements

contained in this First Report and

Order. None of these categories reaches

the threshold of a significant economic

impact on a substantial number of small

entities. First, the requirements adopted

herein are expected to have a significant

positive economic impact on a

substantial number of small competitive

directory assistance providers and small

directory publishers. Although, the

requirements included in this First

Report and Order do not directly affect

these entities, the requirements, once in

place, should ensure the ability of these

entities to provide services on a

competitively neutral basis. Second, the

Commission expects these requirements

to have a positive economic impact on

some CLECs. Many CLECs, both small

and large, rely upon small competitive

directory assistance providers to

outsource their directory assistance

services; the requirements contained

herein should result in more

competition in the directory assistance

arena and therefore a savings to these

CLECs. Third, these requirements may

have an adverse economic impact on

incumbent LECs that are Bell Operating

Companies (BOCs). Each BOC is a large,

national company, affiliated with a

Regional Holding Company (RHC). All

BOCs and their RHCs have more than

1,500 employees, placing these entities

above the small business size standard

established by the Small Business

Administration. Therefore, although the

effect of these requirements may result

in a ‘‘significant economic impact’’ to a

BOC it will not result in a ‘‘significant

economic impact’’ to a small entity.

Fourth, the Commission anticipates that

any cost incurred as a result of the

requirement that small incumbent LECs

electronically transfer their directory

assistance data will be nominal and will

not result in a ‘‘significant economic

impact’’ on these small entities. The

Commission therefore certifies,

pursuant to the RFA, that the

requirements adopted in the present

First Report and Order will not have a

significant economic impact on a

substantial number of small entities.

Report to Congress

12. The Commission will send a copy

of this First Report and Order, including

a copy of this Final Certification, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996. In addition, the

First Report and Order and this Final

Certification will be sent to the Chief

Counsel for Advocacy of the Small

Business Administration, and will be

published in the Federal Register.

Ordering Clauses

13. Pursuant to Sections 1, 3, 4, 201,

222, 251 of the Communications Act of

1934, as amended, 47 U.S.C. 151, 153,

154, 201, 222, and 251, the First Report

and Order is hereby Adopted, and the

requirements contained herein will

become effective February 21, 2001.

14. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this First Report and Order, including

the Final Regulatory Flexibility

Certification, to the Chief Counsel for

Advocacy of Small Business

Administration.

15. The Final Regulatory Flexibility

Certification for this First Report and

Order, pursuant to the Regulatory

Flexibility Act, 5 U.S.C. 604, is

contained herein.

Federal Communions Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4213 Filed 2–20–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 20 and 24

[DA 01–361]

Minor Editorial Amendments to the

Commercial Mobile Radio Services and

Personal Communications Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends two rule

sections so that they use the current,

rather than previous, names and subpart

designations of the Public Mobile

Services, and it also amends another

rule section in order to revise an

erroneous cross-reference.

DATES: Effective February 21, 2001.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

445 12th Street SW., Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT: B.C.

‘‘Jay’’ Jackson, Jr. (202) 418–1309.

SUPPLEMENTARY INFORMATION: This

Order makes minor, non-substantive

revisions to 47 CFR part 20 and 47 CFR