[Federal Register: March 23, 2005 (Volume 70, Number 55)]
[Rules and Regulations]
[Page 14567-14568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr05-13]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 94-129; FCC 04-214]
Policies and Rules Concerning Unauthorized Changes of Consumers'
Long Distance Carriers
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: In this document, the Commission addresses issues raised in
petitions for reconsideration regarding the implementation of the
subscriber carrier selection changes provisions of the
Telecommunications Act of 1996 (1996 Act) which addresses policies and
rules concerning unauthorized changes of consumers' long distance
carriers.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: David Marks or Nancy Stevenson,
Consumer & Governmental Affairs Bureau at (202) 418-2512.
SUPPLEMENTARY INFORMATION: On March 17, 2003, the Commission released a
Third Order on Reconsideration published at 68 FR 19152, April 18,
2003; that amended rules implementing section 258 of the Communications
Act of 1934 as amended by the Telecommunications Act of 1996. This is a
summary of the Commission's Fifth Order on Reconsideration
(Reconsideration Order), FCC 04-214, adopted September 3, 2004, and
released November 24, 2004, addressing issues raised in petitions for
reconsideration of the Third Order on Reconsideration.
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, it does not contain any new or
modified ``information collection burdens for small business concerns
with fewer than 25 employees'', pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)
(4).
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This
Reconsideration Order can also be downloaded in Word and Portable
Document Format (PDF) at http://www.fcc.gov/cgb/policy/slamming.html.
Synopsis
The Commission's rules implementing section 258 were promulgated
through a series of orders. In the Second Report and Order, published
at 64 FR 7746, February 16, 1999, the Commission sought to eliminate
the profits associated with slamming by broadening the scope of its
carrier change rules and adopting, among other things, more rigorous
slamming liability and carrier change verification measures. When the
Commission released the Second Report and Order, it recognized that
additional revisions to the slamming rules could further improve the
preferred carrier change process and prevent unauthorized changes.
Therefore, concurrent with the release of the Second Report and Order,
the Commission issued a Further Notice of
[[Page 14568]]
Proposed Rulemaking (Further Notice), published at 64 FR 7763, February
16, 1999. In the Third Report and Order, the Commission adopted a
number of rules proposed in the Further Notice, and addressed most
issues raised on reconsideration of the Second Report and Order. In
addition, in the First Reconsideration Order, published at 65 FR 47678,
August 3, 2000, the Commission amended portions of the rules regarding
liability for slamming that had been stayed by the DC Circuit Court.
Finally, in the Third Reconsideration Order, we addressed remaining
petitions for reconsideration of the previous orders, and modified
certain rules concerning, amongst other things, verifications of
carrier change requests and liability for slamming.
In the Reconsideration Order, we addressed petitions filed by a
coalition of independent local exchange carriers (LEC Petitioners)
seeking reconsideration of the Commission's verification requirement
for in-bound carrier change request calls. Additionally, we addressed a
petition filed by AT&T seeking clarification of the decision to apply
our slamming rules to newly-installed lines. Finally, we addressed a
petition filed by WorldCom (MCI) seeking a finding that credits made to
the consumer before a slamming complaint has been filed will be
considered ``unpaid'' when calculating liability under the slamming
rules, or will be deducted from the amount owed to the authorized
carrier by a carrier found liable for a slam.
Regulatory Flexibility Act Analysis
In the Reconsideration Order, the Commission promulgates no
additional final rules, and our present action is, therefore, not
subject to the Regulatory Flexibility Act of 1980, as amended.
Report to Congress
The Commission will not send a copy of this Fifth Order on
Reconsideration pursuant to the Congressional Review Act because the
Fifth Order on Reconsideration neither adopts nor modifies a rule.
Ordering Clauses
Pursuant to sections 1, 4(i), 4(j), 201, 206-208, and 258 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
201, 206-208, and 258, and Sec. Sec. 1.421 and 1.429 of the
Commission's rules, 47 CFR 1.421 and 1.429, that this Fifth Order on
Reconsideration in CC Docket No. 94-129 is adopted.
Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C 151, 154(i), and 154(j), and Sec. Sec. 1.3,
1.43, and 1.429 of the Commission's rules, 47 CFR 1.3, 1.43, and 1.429,
that the petitions for waiver, emergency partial stay, and
reconsideration filed by the LEC Petitioners, LEC Commenters, TDS
Telecom and the Nebraska LECs are denied.
Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and Sec. 1.429 of
the Commission's rules, 47 CFR 1.429, that AT&T's petition for
reconsideration or clarification is granted to the extent indicated
herein.
Pursuant to sections 1, 4(i), and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i), and 154(j), and Sec. 1.429 of
the Commission's rules, 47 CFR 1.429, that MCI's petition for
reconsideration is denied.
The Commission's Consumer & Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Fifth Order on
Reconsideration to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-5737 Filed 3-22-05; 8:45 am]
BILLING CODE 6712-01-P