[Federal Register: August 19, 2003 (Volume 68, Number 160)]
[Rules and Regulations]               
[Page 49707]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au03-11]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC Docket No. 96-45, FCC 03-170]

 
Federal-State Joint Board on Universal Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: In this document, the Commission denies the petitions for 
reconsideration of the Fourth Order on Reconsideration filed by North 
Dakota Public Service Commission, South Dakota Public Utilities 
Commission and Washington Utilities and Transportation Commission. 
Petitioners sought to redefine the definition of voice grade access to 
the public switched telephone network (PSTN) as 300 to 3,500 Hertz.

FOR FURTHER INFORMATION CONTACT: Elizabeth Yockus, Attorney, 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
(202) 418-7400.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, 67 FR 41862 (6/20/02) in CC Docket No. 96-45 
released on July 14, 2003. The full text of this document is available 
for public inspection during regular business hours in the FCC 
Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 
20554.

I. Introduction

    The Commission found that in the Universal Service First Report and 
Order, 67 FR 41862 (6/20/02), voice grade access to the PSTN should 
occur within the frequency range of 500 Hertz and 4,000 Hertz. In the 
Fourth Order on Reconsideration, 67 FR 70702 (November 26, 2002), the 
Commission reconsidered this definition because it found it would 
require ETCs to comply with a voice grade access standard more exacting 
than current industry standards. The Commission redefined the minimum 
bandwidth for voice grade access as 300 to 3,000 Hertz.

II. Discussion

    1. The Commission denies the petitions for reconsideration of the 
Fourth Order on Reconsideration filed by North Dakota Public Service 
Commission, South Dakota Public Utilities Commission and Washington 
Utilities and Transportation Commission. As noted in the companion 
order released on July 14, 2003, in this docket, the Federal-State 
Joint Board on Universal Service expressly sought comment on this issue 
in this proceeding and recommended that the Commission not modify its 
standard for voice grade access. Moreover, no commenter in this 
proceeding submitted arguments in favor of modifying this definition. 
Accordingly, we retain the existing definition of voice grade access to 
the PSTN and deny the petitions for reconsideration of the Fourth Order 
on Reconsideration.

III. Ordering Clauses

    2. Pursuant to the authority contained in sections 4(i), 4(j), 201-
205, 214, 254, and 403 of the Communications Act of 1934, as amended, 
this order on reconsideration is adopted.
    3. Pursuant to the authority contained in section 405 of the 
Communications Act of 1934, as amended, and Sec.  1.429 of the 
Commission's rules, the petitions for reconsideration of the Fourth 
Order on Reconsideration filed by the North Dakota Public Service 
Commission, South Dakota Public Utilities Commission, and the 
Washington Utilities and Transportation Commission are denied.

List of Subjects in 47 CFR Part 54

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications, Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-21164 Filed 8-18-03; 8:45 am]

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