[Federal Register: December 13, 2006 (Volume 71, Number 239)]
[Rules and Regulations]
[Page 74819-74823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de06-11]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-386; FCC 06-134]
Rules and Regulations Implementing Minimum Customer Account
Record Exchange Obligations on All Local and Interexchange Carriers
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission adopts minor modifications of
the Commission's customer account record exchange (CARE) rules. The
Commission concluded that minor modifications to its rules are needed
to clarify carriers' respective obligations under that section in order
to ensure accurate billing of end user customers, and to execute end
user customer requests in a timely manner.
DATES: The rules in this document contain information collection
requirements that have not been approved by the Office of Management
and Budget (OMB). The Commission will publish a document in the Federal
Register announcing the effective date for these rules. Written
comments by the public on the new and modified information collections
are due February 12, 2007.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: David Marks, Consumer & Governmental
Affairs Bureau at (202) 418-0347 (voice), or e-mail
David.Marks@fcc.gov.
SUPPLEMENTARY INFORMATION: On February 25, 2005, the Commission
released a Report and Order and Further Notice of Proposed Rulemaking
(Report and Order), Rules and Regulations Implementing Minimum Customer
Account Record Exchange Obligations on All Local and Interexchange
Carriers, published at 70 FR 32258, June 2, 2005 in which it
established mandatory, minimum standards governing the exchange of
customer account information between local exchange carriers (LECs) and
interexchange carriers (IXCs). On August 9, 2005, the Commission
released a public notice requesting comment on proposed clarifications
and modifications to the rules (see Consumer & Governmental Affairs
Bureau Seeks Comment on Proposed Modifications/Clarifications to Rules
Governing the Exchange of Customer Account Information Between Local
and Long Distance Carriers, CG Docket No. 02-386, Public Notice, DA 05-
2266, 70 FR 53137 (Sept. 7, 2005) (Public Notice)). This is a summary
of the Commission's Order on Reconsideration, CG Docket No. 02-386, FCC
06-134, adopted September 6, 2003, and released September 13, 2006.
This document contains new information collection requirements
subject to the PRA of 1995, Public Law 104-13. These requirements will
be 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 new information collection requirements contained in this
proceeding. In addition to filing comments with the Secretary, a copy
of any comments on the Paperwork Reduction Act (PRA) information
collection requirements contained herein should be submitted to Leslie
Smith, Federal Communications Commission, Room 1-C216, 445 12th
[[Page 74820]]
Street, SW., Washington, DC 20554, or via the Internet to
Leslie.Smith@fcc.gov, and to Allison E. Zaleski, OMB Desk Officer, Room
10236 NEOB, 725 17th Street, NW., Washington, DC 20503, via the
Internet to Allison E. Zaleski@omb.eop.gov or via fax at (202) 395-
6466.
Copies of any subsequently filed documents in this matter will be
available for public inspection and copying during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. The complete text of
this document may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554. Customers may contact the
Commission's duplicating contractor at its Web site: http://www.bcpiweb.com
or call 1-800-378-3160. 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).
Paperwork Reduction Act of 1995 Analysis
This document contains new information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public to comment on the information
collection requirements contained in the Order on Reconsideration as
required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-
13. Public and agency comments are due February 12, 2007. In addition,
the Commission notes that pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the
Commission previously sought specific comment on how the Commission
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.'' In the present
document, the Commission undertook to minimize the burden of the new
rules on small businesses and small entities. For example, the rules
adopted here do not require the use of particular CARE codes for the
exchange of customer account information. The Commission also does not
adopt specific performance measurements for the timeliness and
completeness of the transfer of customer account information between
LECs and IXCs. Finally, the Commission notes that carriers subject to
these requirements may use a variety of transmission mediums (e.g.,
facsimile, mail, electronic mail, cartridge) for the required
information exchanges. These measures should substantially alleviate
any burdens on businesses with fewer than 25 employees.
Synopsis
In this Order on Reconsideration, the Commission concludes that
minor modifications to Sec. 64.4002 are needed to clarify carriers'
respective obligations under that rule section. Section 64.4002(d) is
modified to require that a LEC notify an IXC when the LEC has removed
at its local switch a presubscribed customer of the IXC in connection
with the customer's selection of ``no-PIC'' status. In this context,
the selection of ``no-PIC'' status by the customer refers to the
selection of no carrier for interLATA service or no carrier for
intraLATA service. The Commission concludes that this modification is
needed to ensure that an IXC does not continue billing a customer for
non-usage-related monthly charges where that customer has contacted his
current LEC or his current IXC to select ``no-PIC'' status.
Section 64.4002(e) of the Commission's rules is modified to include
the effective date of any changes to a customer's local service account
and the carrier identification code of the customer's IXC among the
categories of information that must be provided to the IXC by the LEC.
The Commission concludes that knowing the effective date of account
changes will help IXCs to maintain accurate customer account
information and that including the carrier identification code of the
customer's IXC will enable an IXC to verify that it is the proper
recipient of the transmitted information.
Section 64.4002(g) of the Commission's rules is modified to make
the information categories included in Sec. 64.4002(g) consistent with
those included in other LEC notification requirements.
Section 64.4002(g) also is modified to require that when a customer
changes LECs, but wishes to retain his current PIC, the new LEC must so
notify the current PIC so that the current PIC does not erroneously
assume, absent additional notification from the new LEC, that the
customer also wishes to cancel his current PIC.
Sections 64.4002(a)(6), (b)(6), (d)(5) and (f)(5) of the
Commission's rules are modified to substitute the phrase ``carrier
identification code of the IXC'' for the phrase ``carrier
identification code of the submitting LEC.'' This ``mirroring'' of
information back to the IXC by the LEC serves as a ``handshake'' and is
needed to confirm that the LEC has properly identified the intended
recipient of a particular notification.
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be prepared for notice-and-
comment rulemaking proceedings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA).
On August 9, 2005, the Commission released a Public Notice seeking
comment on the Coalition's proposed clarifications and modifications to
Sec. 64.4002 of the Commission's rules. This Order on Reconsideration
adopts clarifications and modifications that are in the nature of
technical corrections to the Commission's customer account record
exchange rules that do not have a significant economic impact on
entities subject to those rules. First, our modification to Sec.
64.4002(d) makes this provision consistent with similar notification
requirements adopted in the CARE Order simply by requiring a LEC to
confirm its receipt of a particular IXC-initiated notification with an
appropriate response. Similarly, we adopt modifications to Sec. Sec.
64.4002(e) and (g) to include within the information exchanges
prescribed by those section, the same standard categories of
information that carriers routinely must provide in connection with
other notification obligations adopted in the CARE Order. Changing
these two sections to parallel other sections of the Commission's CARE
rules simplifies and, thereby, reduces the compliance burden. Lastly,
we modify Sec. Sec. 64.4002(a)(6), (b)(6), (d)(5) and (f)(5) to change
the phrase ``carrier identification code of the submitting LEC'' to
read ``carrier identification code of the submitting IXC.'' This change
adds no additional compliance burden. The Commission believes that the
compliance burden, and resulting
[[Page 74821]]
economic impact on entities subject thereto, will be de minimis.
Therefore, we certify for purposes of the RFA that the
clarifications and modifications we adopt in this Order on
Reconsideration will not have a significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the Order on Reconsideration,
including a copy of this Final Regulatory Flexibility Certification
(FRFC), to the Chief Counsel for Advocacy of the SBA. This final
certification will also be published in the Federal Register.
Congressional Review Act
The Commission will send a copy of the Order on Reconsideration,
including the FRFC, in a report to be sent to Congress and the
Comptroller General pursuant to the Congressional Review Act. In
addition, the Commission will send a copy of the Order on
Reconsideration, including this FRFC, to the Chief Counsel for Advocacy
of the Small Business Administration. A copy of the Order on
Reconsideration and FRFC (or summaries thereof) will also be published
in the Federal Register. (See 5 U.S.C. 604(b)).
Ordering Clauses
Pursuant to the authority contained in sections 1-4, 201, 202, 222,
258, and 303(r) of the Communications Act of 1934, as amended; 47
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), the Order on
Reconsideration Is Adopted.
Pursuant to the authority contained in sections 1-4, 201, 202, 222,
258, and 303(r) of the Communications Act of 1934, as amended; 47
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), part 64 of the
Commission's rules, 47 CFR part 64, Is Amended as set forth below.
Because many of the rules and requirements contained in this Order
on Reconsideration and as set forth below contain information
collection requirements under the PRA, the rules and requirements Shall
Not Become Effective until the information collection requirements have
been approved by OMB. The Commission will publish a document in the
Federal Register announcing the effective date of these rules.
Pursuant to the authority contained in sections 1-4, 201, 202, 222,
258, and 303(r) of the Communications Act of 1934, as amended; 47
U.S.C. 151-154, 201, 202, 222, 258, and 303(r), and Sec. 1.407 of the
Commission's rules, 47 CFR 1.407, the Request for Modification filed by
AT&T Corp, BellSouth Corporation, Sprint Corporation, Qwest
Communications International Inc., and VerizonCommunications, Inc. on
April 15, 2005, and June 15, 2005, is granted in part and denied in
part, to the extent provided herein.
List of Subjects in 47 CFR Part 64
Reporting and recordkeeping requirements, telecommunications,
telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub.
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218,
222, 225, 226, 228, and 254(k) unless otherwise noted.
0
2. Section 64.4002 is revised to read as follows:
Sec. 64.4002 Notification obligations of LECs.
To the extent that the information is reasonably available to a
LEC, the LEC shall provide to an IXC the customer account information
described in this section consistent with Sec. 64.4004. Nothing in
this section shall prevent a LEC from providing additional customer
account information to an IXC to the extent that such additional
information is necessary for billing purposes or to properly execute a
customer's PIC order.
(a) Customer-submitted PIC order. Upon receiving and processing a
PIC selection submitted by a customer and placing the customer on the
network of the customer's preferred interexchange carrier at the LEC's
local switch, the LEC must notify the IXC of this event. The
notification provided by the LEC to the IXC must contain all of the
customer account information necessary to allow for proper billing of
the customer by the IXC including but not limited to:
(1) The customer's billing telephone number, working telephone
number, and billing name and address;
(2) The effective date of the PIC change;
(3) A statement describing the customer type (i.e., business or
residential);
(4) A statement indicating, to the extent appropriate, that the
customer's telephone service listing is not printed in a directory and
is not available from directory assistance or is not printed in a
directory but is available from directory assistance;
(5) The jurisdictional scope of the PIC installation (i.e.,
intraLATA and/or interLATA and/or international);
(6) The carrier identification code of the IXC; and
(7) If relevant, a statement indicating that the customer's account
is subject to a PIC freeze. The notification also must contain
information, if relevant and to the extent that it is available,
reflecting the fact that a customer's PIC selection was the result of:
(i) A move (an end user customer has moved from one location to
another within a LEC's service territory);
(ii) A change in responsible billing party; or
(iii) The resolution of a PIC dispute.
(b) Confirmation of IXC-submitted PIC order. When a LEC has placed
a customer on an IXC's network at the local switch in response to an
IXC-submitted PIC order, the LEC must send a confirmation to the
submitting IXC. The confirmation provided by the LEC to the IXC must
include:
(1) The customer's billing telephone number, working telephone
number, and billing name and address;
(2) The effective date of the PIC change;
(3) A statement describing the customer type (i.e., business or
residential);
(4) A statement indicating, to the extent appropriate, if the
customer's telephone service listing is not printed in a directory and
is not available from directory assistance, or is not printed in a
directory but is available from directory assistance;
(5) The jurisdictional scope of the PIC installation (i.e.,
intraLATA and/or interLATA and/or international); and
(6) The carrier identification code of the IXC. If the PIC order at
issue originally was submitted by an underlying IXC on behalf of a toll
reseller, the confirmation provided by the LEC to the IXC must
indicate, to the extent that this information is known, a statement
indicating that the customer's PIC is a toll reseller.
(c) Rejection of IXC-submitted PIC order. When a LEC rejects or
otherwise does not act upon a PIC order submitted to it by an IXC, the
LEC must notify the IXC and provide the reason(s) why the PIC order
could not be processed. The notification provided by the LEC to the IXC
must state that it has rejected the IXC-submitted PIC order and specify
the reason(s) for the rejection (e.g., due to a lack of information,
incorrect information, or a PIC freeze on the customer's account). The
notification must contain the identical data elements
[[Page 74822]]
that were provided to the LEC in the original IXC-submitted PIC order
(i.e., mirror image of the original order), unless otherwise specified
by this paragraph. If a LEC rejects an IXC-submitted PIC order for a
multi-line account (i.e., the customer has selected the IXC as his PIC
for two or more lines or terminals associated with his billing
telephone number), the notification provided by the LEC rejecting that
order must explain the effect of the rejection with respect to each
line (working telephone number or terminal) associated with the
customer's billing telephone number. A LEC is not required to generate
a line-specific or terminal-specific response, however, and may
communicate the rejection at the billing telephone level, when the LEC
is unable to process an entire order, including all working telephone
numbers and terminals associated with a particular billing telephone
number. In addition, the notification must indicate the jurisdictional
scope of the PIC order rejection (i.e., intraLATA and/or interLATA and/
or international). If a LEC rejects a PIC order because:
(1) The customer's telephone number has been ported to another LEC;
or
(2) The customer has otherwise changed local service providers, the
LEC must include in its notification, to the extent that it is
available, the identity of the customer's new LEC.
(d) Customer contacts LEC or new IXC to change PIC(s) or customer
contacts LEC or current IXC to change PIC to No-PIC. When a LEC has
removed at its local switch a presubscribed customer from an IXC's
network in response to a customer order, upon receipt of a properly
verified PIC order submitted by another IXC, or in response to a
notification from the customer's current IXC relating to the customer's
request to change his or her PIC to No-PIC, the LEC must notify the
customer's former IXC of this event. The LEC must provide to the IXC
the customer account information that is necessary to allow for proper
final billing of the customer by the IXC including but not limited to:
(1) The customer's billing telephone number, working telephone
number, and billing name and address;
(2) The effective date of the PIC change;
(3) A description of the customer type (i.e., business or
residential);
(4) The jurisdictional scope of the lines or terminals affected
(i.e., intraLATA and/or interLATA and/or international); and
(5) The carrier identification code of the IXC. If a customer
changes PICs but retains the same LEC, the LEC is responsible for
notifying both the old PIC and new PIC of the PIC change. The
notification also must contain information, if relevant and to the
extent that it is available, reflecting the fact that a customer's PIC
removal was the result of:
(i) The customer moving from one location to another within the
LEC's service territory, but where there is no change in local service
provider;
(ii) A change of responsible party on an account; or
(iii) A disputed PIC selection.
(e) Particular changes to customer's local service account. When,
according to a LEC's records, certain account or line information
changes occur on a presubscribed customer's account, the LEC must
communicate this information to the customer's PIC. For purposes of
this paragraph, the LEC must provide to the appropriate IXC account
change information that is necessary for the IXC to issue timely and
accurate bills to its customers including but not limited to:
(1) The customer's billing telephone number, working telephone
number, and billing name and address;
(2) The customer code assigned to that customer by the LEC;
(3) The type of customer account (i.e., business or residential);
(4) The status of the customer's telephone service listing, to the
extent appropriate, as not printed in a directory and not available
from directory assistance, or not printed in a directory but available
from directory assistance; and
(5) The jurisdictional scope of the PIC installation (i.e.,
intraLATA and/or interLATA and/or international);
(6) The effective date of any change to a customer's local service
account; and
(7) The carrier identification code of the IXC. If there are
changes to the customer's billing or working telephone number, customer
code, or customer type, the LEC must supply both the old and new
information for each of these categories.
(f) Local service disconnection. Upon receipt of an end user
customer's request to terminate his entire local service account or
disconnect one or more lines (but not all lines) of a multi-line
account, the LEC must notify the PIC(s) for the billing telephone
number or working telephone number on the account of the account
termination or lines disconnected. In conjunction with this
notification requirement, the LEC must provide to a customer's PIC(s)
all account termination or single/multi-line disconnection change
information necessary for the PIC(s) to maintain accurate billing and
PIC records, including but not limited to:
(1) The effective date of the termination/disconnection; and
(2) The customer's working and billing telephone numbers and
billing name and address;
(3) The type of customer account (i.e., business or residential);
(4) The jurisdictional scope of the PIC installation (i.e.,
intraLATA and/or interLATA and/or international); and
(5) The carrier identification code of the IXC.
(g) Change of local service provider. When a customer changes LECs,
the customer's former LEC must notify the customer's PIC(s) of the
customer's change in LEC and, if known, the identity of the customer's
new LEC. If the customer also makes a PIC change, the customer's former
LEC must also notify the customer's former PIC(s) of the change. When a
customer only changes LECs, the new LEC must notify the customer's
current PIC(s) that the customer's PIC selection has not changed. If
the customer also makes a PIC change, the new LEC must notify the
customer's new PIC of the customer's PIC selection. If the customer's
former LEC is unable to identify the customer's new LEC, the former LEC
must notify the customer's PIC(s) of a local service disconnection as
described in paragraph (f).
(1) The required notifications also must contain information, if
relevant and to the extent that it is available, reflecting the fact
that an account change was the result of:
(i) The customer porting his number to a new LEC;
(ii) A local resale arrangement (customer has transferred to local
reseller); or
(iii) The discontinuation of a local resale arrangement;
(2) The notification provided by the LEC to the IXC must include:
(i) The customer's billing telephone number, working telephone
number, and, billing name and address;
(ii) The effective date of the change of local service providers or
PIC change;
(iii) A description of the customer type (i.e., business or
residential);
(iv) The jurisdictional scope of the lines or terminals affected
(i.e., intraLATA and/or interLATA and/or international); and
(v) The carrier identification code of the IXC.
(h) IXC requests for customer BNA information. Upon the request of
an IXC, a LEC must provide the billing name and address information
necessary to facilitate a customer's receipt of a timely, accurate bill
for services rendered and/or to prevent fraud, regardless of the type
of service
[[Page 74823]]
the end user receives/has received from the requesting carrier (i.e.,
presubscribed, dial-around, casual). In response to an IXC's BNA
request for ANI, a LEC must provide the BNA for the submitted ANI along
with:
(1) The working telephone number for the ANI;
(2) The date of the BNA response;
(3) The carrier identification code of the submitting IXC; and
(4) A statement indicating, to the extent appropriate, if the
customer's telephone service listing is not printed in a directory and
is not available from directory assistance, or is not printed in a
directory but is available from directory assistance. A LEC that is
unable to provide the BNA requested must provide the submitting carrier
with the identical information contained in the original BNA request
(i.e., the mirror image of the original request), along with the
specific reason(s) why the requested information could not be provided.
If the BNA is not available because the customer has changed local
service providers or ported his telephone number, the LEC must include
the identity of the new provider when this information is available.
[FR Doc. E6-20911 Filed 12-12-06; 8:45 am]
BILLING CODE 6712-01-P