[Federal Register: March 21, 2003 (Volume 68, Number 55)]
[Rules and Regulations]
[Page 13849-13850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr03-12]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0 and 68
[FCC 02-104]
Amendment of the Commission's Rules To Reflect the Commission's
Recent Reorganization
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission amends its rules pertaining
to agency organization, procedure, and practice to reflect the
Commission's Report and Order that privatized and streamlined the
standards development and approval processes for terminal equipment
regulated under part 68, and the Commission's Order that transferred
enforcement of part 68 rules to the Enforcement Bureau.
DATES: Effective March 21, 2003.
FOR FURTHER INFORMATION CONTACT: Gayle Radley Teicher, Industry
Analysis and Technology Division, Wireline Competition Bureau, voice
202-418-0940, fax 202-418-0520.
SUPPLEMENTARY INFORMATION: By this Order, the Federal Communications
Commission (Commission) amends parts 0 and 68 of its rules to reflect
the Commission's Report and Order, 66 FR 7579, January 24, 2001 that
privatized and streamlined the standards development and approval
processes for terminal equipment regulated under part 68, and the
Commission's Order, 67 FR 13216, March 21, 2002 that transferred
enforcement of part 68 rules to the Enforcement Bureau. Specifically,
the Commission eliminates Sec. 0.303 to reflect the transfer of
authority for part 68 terminal equipment certification to private
industry. In addition, the Commission amends Sec. 0.91 to acknowledge
the changed role of the Commission in the equipment certification
process. Finally, the Commission amends certain additional rules to
reflect the Commission's recent transfer of responsibility for
enforcement regarding terminal equipment to the Enforcement Bureau.
In the part 68 Report and Order, the Commission eliminated
significant portions of the rules governing the connection of customer
premises equipment (or terminal equipment) to the public switched
telephone network (PSTN). The part 68 Report and Order privatized the
certification of terminal equipment and the development of technical
criteria with which terminal equipment must comply to be connected with
the PSTN. By these actions, the Commission minimized or eliminated the
role of the federal government in these processes. Therefore, it is no
longer necessary to delegate authority to the Wireline Competition
Bureau to act upon applications for certification of terminal
equipment, and the Commission eliminates Sec. 0.303 accordingly. The
Commission modifies Sec. 0.91, however, to reflect that the Wireline
Competition Bureau retains authority to consider appeals resulting from
any failure of private industry to resolve issues pertaining to
technical criteria for part 68 terminal equipment.
In light of recent transfer of part 68 enforcement responsibility
to the Enforcement Bureau, the Commission also eliminates the specific
part 68 complaint rules. Formal complaints against carriers for
violations of part 68 will now be handled pursuant to the general rules
regarding formal complaints against common carriers. This action will
bring adjudication of such complaints into conformity with the
Commission's other rules regarding complaints against common carriers.
These rules will also apply to formal complaints against common
carriers regarding hearing aid compatibility and volume control
requirements. The Commission also amends Sec. 68.211 of the rules to
reflect that revocation of part 68 certification will now be handled by
the Enforcement Bureau.
Procedural Matters
The modifications to parts 0 and 68 undertaken by this Order are
rules that pertain to agency organization, procedure and practice.
Consequently, the notice and comment provisions of the Administrative
Procedure Act are inapplicable.
Ordering Clauses
Accordingly, it is ordered that, pursuant to section 5 of the
Communications Act of 1934, as amended, 47 U.S.C. 155, parts 0 and 68
of the Commission's rules are amended effective March 21, 2003.
List of Subjects
47 CFR Part 0
Organization and functions, Reporting and recordkeeping
requirements.
47 CFR Part 68
Administrative practice and procedures, Communications common
carriers, Telecommunications, Enforcement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0 and 68 as follows:
PART 0--COMMISSION ORGANIZATION
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as mended; 47 U.S.C. 155.
[[Page 13850]]
2. Section 0.91 is amended by redesignating paragraphs (j) through
(l) as paragraphs (k) through (m) and by adding new paragraph (j) to
read as follows:
Sec. 0.91 Wireline Competition Bureau.
* * * * *
( j ) Act on petitions for de novo review of decisions of the
Administrative Council for Terminal Attachments regarding technical
criteria pursuant to Sec. 68.614.
* * * * *
Sec. 0.303 [Removed and Reserved]
3. Section 0.303 is removed and reserved.
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
4. The authority citation for part 68 continues to read as follows:
Authority: 47 U.S.C. 154, 155 and 303.
5. Section 68.211 is amended by revising paragraph (b) to read as
follows:
Sec. 68.211 Terminal equipment approval revocation procedures.
* * * * *
(b) Notice of intent to Revoke Interconnection Authority. Before
revoking interconnection authority under the provisions of this
section, the Commission, or the Enforcement Bureau under delegated
authority, will issue a written Notice of Intent to Revoke Part 68
Interconnection Authority, or a Joint Notice of Apparent Liability for
Forfeiture and Notice of Intent to Revoke Part 68 Interconnection
Authority pursuant to Sec. Sec. 1.80 and 1.89 of this chapter.
* * * * *
Sec. Sec. 68.400 through 68.412 [Removed and Reserved]
6. Sections 68.400 through 68.412 are removed and reserved.
[FR Doc. 03-6781 Filed 3-20-03; 8:45 am]
BILLING CODE 6712-01-P