[Federal Register: September 13, 2004 (Volume 69, Number 176)]
[Rules and Regulations]
[Page 55111-55112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se04-8]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 51
[WC Docket No. 04-313, CC Docket No. 01-338; FCC 04-179]
Unbundled Access to Network Elements; Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers
AGENCY: Federal Communications Commission.
ACTION: Interim requirements.
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SUMMARY: The Commission establishes interim requirements and details a
12-month transition plan governing competing carriers' unbundled access
to incumbent local exchange carriers' (LECs') network elements. These
requirements extend for an interim period the effectiveness of existing
contracts between carriers to avoid disruption in the
telecommunications industry while new rules are being written pursuant
to a Notice of Proposed Rulemaking simultaneously issued by the
Commission.
DATES: Effective September 13, 2004.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for further filing
instructions.
FOR FURTHER INFORMATION CONTACT: Ian Dillner, Attorney, Competition
Policy Division, Wireline Competition Bureau, at (202) 418-1191, or at
Ian.Dillner@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in WC Docket No. 04-313 and CC Docket No. 01-338, adopted July 21,
2004, and released August 20, 2004 (Order). The complete text of this
Order is available for inspection and copying during normal business
hours in the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. This document may also
be purchased from the Commission's duplicating contractor, Best Copy
and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone 1-800-378-3160. It is also available on
the Commission's Web site at http://www.fcc.gov.
Synopsis of the Order
1. Interim Requirements. The pressing need for market certainty as
the Commission works to issue final unbundling rules warrants the
implementation of a plan to ensure stability in the interim. This Order
[[Page 55112]]
therefore requires incumbent LECs to continue providing unbundled
access to switching, enterprise market loops, and dedicated transport
under the same rates, terms and conditions that applied under their
interconnection agreements as of June 15, 2004. These rates, terms, and
conditions shall remain in place until the earlier of the effective
date of final unbundling rules promulgated by the Commission or six
months after Federal Register publication of the Order, except to the
extent that they are or have been superseded by (1) voluntarily
negotiated agreements, (2) an intervening Commission order affecting
specific unbundling obligations (e.g., an order addressing a pending
petition for reconsideration), or (3) (with respect to rates only) a
State public utility commission order raising the rates for network
elements.
2. Transition Plan. As mentioned above, the document also sets
forth a transition plan to govern the six months following the initial
period described above, in the absence of a Commission ruling that
switching, enterprise market loops and/or dedicated transport must be
made available pursuant to section 251(c)(3) in any particular case.
First, in the absence of a Commission ruling that switching is subject
to unbundling, an incumbent LEC shall only be required to lease the
switching element to a requesting carrier in combination with shared
transport and loops (i.e., as a component of the ``UNE platform'') at a
rate equal to the higher of (1) the rate at which the requesting
carrier leased that combination of elements on June 15, 2004, plus one
dollar, or (2) the rate the State public utility commission
establishes, if any, between June 16, 2004, and six months after
Federal Register publication of this Order, for this combination of
elements, plus one dollar. Second, in the absence of a Commission
ruling that enterprise market loops and/or dedicated transport are
subject to section 251(c)(3) unbundling in any particular case, an
incumbent LEC shall only be required to lease the element at issue to a
requesting carrier at a rate equal to the higher of (1) 115% of the
rate the requesting carrier paid for that element on June 15, 2004, or
(2) 115% of the rate the State public utility commission establishes,
if any, between June 16, 2004, and six months after Federal Register
publication of this Order, for that element. With respect to all
elements at issue here, this transition period shall apply only to the
embedded customer base, and does not permit competitive LECs to add new
customers at these rates. As during the interim period, carriers shall
remain free to negotiate alternative arrangements (including rates)
superseding our requirements (and State public utility commission
rates) during the transition period. Subject to the comments requested
in response to the Notice of Proposed Rulemaking, released
simultaneously but summarized separately, we intend to incorporate this
second phase of the plan into our final rules.
Congressional Review Act
3. The Commission will not send a copy of this Order pursuant to
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). This Order
does not promulgate new rules, but rather extends for an interim period
the effectiveness of existing contracts between carriers, which are
based on vacated Commission rules, until the Commission develops final
rules. This Order does not contain a major rule. See 5 U.S.C. 804(2).
Paperwork Reduction Act
4. This Order does not contain new or modified information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified ``information collection burden 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).
Ordering Clause
5. Accordingly, it is ordered that the interim requirements set
forth in the Order in WC Docket No. 04-313 and CC Docket No. 01-338
shall be effective immediately upon publication in the Federal
Register.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 04-20466 Filed 9-10-04; 8:45 am]
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