[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]
[Page 1297-1298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-12]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-386; FCC 07-221]
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 declines to adopt rules and
regulations implementing minimum customer account record exchange
obligations on all local carriers. This action is necessary because the
Commission does not believe mandating the exchange of customer account
information between LECs is appropriate at this time.
DATES: Effective December 21, 2007.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: David Marks, Consumer and Governmental
Affairs Bureau at (202) 418-0347 (voice), or e-mail
David.Marks@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Rules
and Regulations Implementing
[[Page 1298]]
Minimum Customer Account Record Exchange Obligations on All Local and
Interexchange Carriers, Report and Order, document FCC 07-221, adopted
December 18, 2007, released December 21, 2007, declining to adopt rules
and regulations implementing minimum customer account record exchange
obligations on all local carriers.
Copies of document FCC 07-221 and 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.
Document FCC 07-221 and any subsequently filed documents in this matter
may also be purchased from the Commission's duplicating contractor at
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.
Customers may contact the Commission's duplicating contractor at their
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). Document FCC 07-221 can
also be downloaded in Word and Portable Document Format (PDF) at:
http://www.fcc.gov/cgb/policy.
Paperwork Reduction Act of 1995 Analysis
The Report and Order does not contain new 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 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 47 U.S.C. 3506(c)(4).
Synopsis
In 2005, the Commission released a Further Notice of Proposed
Rulemaking (Further Notice), FCC 05-29 published at 70 FR 32258, June
2, 2005, in which the Commission sought comment on whether to require
the exchange of customer account information between local exchange
carriers (LECs). In response to the Further Notice, BellSouth filed
comments urging the Commission to adopt standards for LEC-to-LEC
migrations. BellSouth urged the Commission to adopt information
exchange requirements for all LECs and require carriers to respond to
customer record requests within 24 hours.
Upon a review of the record, the Commission declines to adopt
mandatory minimum standards for the exchange of customer account
information between LECs. The Commission does not believe mandating the
exchange of customer account information between LECs is appropriate at
this time for several reasons.
First, a number of commenters note that Alliance for
Telecommunications Industry Solutions (ATIS), Ordering and Billing
Forum (OBF) has developed Local Service Migration Guidelines that are
specifically designed to facilitate the sharing of customer service
records among LECs. Because ATIS OBF is an established industry forum
that includes representatives of both incumbent LECs and competitive
LECs, the Commission encourages carriers to adhere to the industry-
established guidelines and, where necessary, to work with the OBF
industry forum to further develop and refine them.
Second, the Commission notes that a number of state commissions
have addressed issues relating to local service migrations. Unlike LEC-
to-inter-exchange carrier (IXC) information sharing requirements, for
which states and a broad coalition of carriers supported nationwide
standards for the exchange of information, the record here suggests
that the problems with LEC-to-LEC exchanges may not be as widespread
and, therefore, may be more appropriately addressed by individual state
commissions, which are well-suited to address local service matters
between LECs operating in their states.
Third, the Commission disagrees with those commenters that maintain
LEC-to-LEC information sharing raises the same issues as LEC-to-IXC
information sharing. Access to information makes LEC-to-LEC migrations
different. In the LEC-to-IXC context, the Commission noted that certain
transactions affecting an IXC's ability to provide service and manage
customers' accounts, including the execution of customer preferred
interexchange carrier (PIC) requests, are carried out, not by the
customer's IXC, but by the customer's LEC. Because a LEC's exclusive
control of the local switch could enable a LEC to place a customer on
an IXC's network without the IXC's knowledge, the Commission determined
that effective communications between LECs and IXCs is critical to an
IXC's ability to maintain accurate billing records and to honor
customer PIC selections and other customer requests. In the LEC-to-LEC
situation, it does not appear that the new LEC is operating in the same
information vacuum, or that the information needed could not be
obtained from the LEC's new customer.
Finally, to the extent that critical customer account information
cannot reasonably be obtained from a LEC's own customer and the
customer's former LEC fails to provide such information in a timely
manner thus causing unreasonable delay in a local service migration,
the Commission notes that such conduct may constitute a violation of
the Act and the Commission's rules. The Commission encourages carriers
to bring such matters to our attention through the Commission's formal
complaint procedures, which allow us to review them on a case-by-case
basis to determine the scope and seriousness of the issues presented.
Congressional Review Act
Because no new rules are adopted in this order, the Commission will
not send a copy of the Report and Order in a report to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
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 Report and Order is
adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-118 Filed 1-7-08; 8:45 am]
BILLING CODE 6712-01-P