[Federal Register: November 10, 2008 (Volume 73, Number 218)]
[Proposed Rules]
[Page 66585-66587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no08-31]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 51
[WC Docket No. 04-347; FCC 08-237]
Petition of South Slope for Classification as an Incumbent Local
Exchange Carrier in the Oxford, Tiffin and Solon, IA Exchanges; Section
251(h)(2)
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In the Notice of Proposed Rulemaking (NPRM), the Federal
Communications Commission (Commission) seeks comment on whether South
Slope Cooperative Telephone Company, Inc. (South Slope) should be
treated as an incumbent local exchange carrier (LEC) for purposes of
section 251 of the Communications Act of 1934, as amended,
(Communications Act or Act) in the Iowa exchanges of Oxford, Tiffin and
Solon as provided for in section 251(h)(2) of the Act. The Commission
also requests comment on the appropriate regulatory treatment of South
Slope and Iowa Telecommunications Services, Inc. (Iowa Telecom), the
legacy incumbent LEC in those exchanges pursuant to section 251 of the
Act, if the Commission concludes that South Slope should be accorded
incumbent LEC treatment in the Oxford, Tiffin and Solon exchanges.
DATES: Comments are due on or before December 10, 2008. Reply comments
are due on or before December 31, 2008.
ADDRESSES: You may submit comments, identified by WC Docket No. 04-347,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Parties choosing to file by paper must file an
original and four copies of each filing in WC Docket No. 07-38. Filings
can be sent by hand or messenger delivery, by commercial overnight
courier, or by first-class or overnight U.S. Postal Service mail
(although the Commission continues to experience delays in receiving
U.S. Postal Service mail). If more than one docket or rulemaking number
appears in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number. The
Commission's mail contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW.,
Washington, DC 20554. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Claudia Pabo, Wireline Competition
Bureau, Competition Policy Division, (202) 418-0940.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking in WC Docket No. 04-347, adopted on October 7,
2008, and released on October 10, 2008. The complete text of this
Notice of Proposed Rulemaking is available for public inspection Monday
through Thursday from 8 a.m. to 4:30 p.m. and Friday from 8 a.m. to
11:30 a.m. in the Commission's Consumer and Governmental Affairs
Bureau, Reference Information Center, Room CY-A257, 445 12th Street,
SW., Washington, DC 20554. The complete text is available also on the
Commission's Internet site at http://www.fcc.gov. Alternative formats
are available for persons with disabilities by contacting the Consumer
and Governmental Affairs Bureau, at (202) 418-0531, TTY (202) 418-7365,
or at fcc504@fcc.gov. The complete text of the decision may be
purchased from the Commission's duplicating contractor, Best Copying
and Printing, Inc., Room CY-B402, 445 12th Street, SW., Washington, DC
20554, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202)
488-5562, or e-mail at fcc@bcpiweb.com.
Synopsis of Further Notice of Proposed Rulemaking
1. In 2004, South Slope, a cooperative telephone company providing
service in Iowa, filed a petition requesting that it be treated as an
incumbent LEC in the Iowa exchanges of Oxford, Tiffin and
[[Page 66586]]
Solon. In 2001, South Slope began to construct facilities in these
three exchanges where Iowa Telecom is currently the incumbent LEC.
South Slope estimates that it now serves approximately 90 percent of
the subscribers in these three exchanges.
2. In the NPRM, the Commission seeks comment on whether South Slope
should be treated as an incumbent LEC for purposes of section 251 of
the Communications Act in the Iowa exchanges of Oxford, Tiffin and
Solon as provided for in section 251(h)(2) of the Act. The Commission
also requests comment on the appropriate regulatory treatment of South
Slope and Iowa Telecom, the legacy incumbent LEC in those exchanges
pursuant to section 251(h)(1) of the Act, if the Commission concludes
that South Slope should be accorded incumbent LEC treatment in the
Oxford, Tiffin and Solon exchanges.
3. Section 251(h)(1) of the Act defines an incumbent LEC as a local
exchange carrier that, on the date of enactment of the
Telecommunications Act of 1996, provided local exchange service in an
area and was either a member of the National Exchange Carrier
Association (NECA), or became a successor or assign of such a LEC.
Section 251(h)(2) provides that the Commission may provide by rule for
the treatment of a LEC as an incumbent LEC for the purposes of section
251 if a three-part test is satisfied. Specifically, in order to find
that a LEC should be treated as an incumbent LEC for purposes of
section 251, the Commission must find that: (1) The LEC at issue
occupies a market position within an area that is comparable to the
position of a legacy incumbent LEC; (2) the LEC has ``substantially
replaced'' the legacy incumbent LEC; and (3) the reclassification is
consistent with the public interest, convenience and necessity and the
purposes of section 251.
4. The Commission sought comment on whether South Slope satisfies
the three-part test in section 251(h)(2) and should be treated as an
incumbent LEC for purposes of section 251 in the Oxford, Tiffin and
Solon exchanges. The Commission did not address the treatment of South
Slope as an incumbent in these three exchanges for purposes of
interstate access charges, federal universal service support, and other
interstate purposes. The Commission stated that these issues would be
addressed as appropriate in other proceedings, including any study area
boundary waiver petition that South Slope may file with the Commission.
5. The Commission tentatively concluded that the Oxford, Tiffin and
Solon exchanges are the relevant area for analyzing South Slope's
market position. The Commission also tentatively concluded that South
Slope occupies a market position in this area that is comparable to
that occupied by a legacy incumbent LEC in light of its extensive
facilities build-out and estimate that it now provides local exchange
service to approximately 90 percent of the subscribers in these
exchanges over its own facilities. The Commission sought comment on
these tentative conclusions.
6. In light of South Slope's estimate that it serves approximately
90 percent of the subscribers in the Oxford, Tiffin and Solon exchanges
over its own facilities, the Commission tentatively concluded that
South Slope has substantially replaced Iowa Telecom as the local
exchange service provider in these exchanges. The Commissions sought
comment on this tentative conclusion.
7. The Commission also sought comment on whether the treatment of
South Slope as an incumbent LEC for purposes of section 251 in the
Oxford, Tiffin and Solon exchanges would satisfy the public interest
standard.
8. The Commission has previously found that the Act does not
automatically convert the legacy incumbent LEC into a competitive LEC
when another LEC is designated as an incumbent LEC in a particular area
under section 251(h)(2). Instead, the Commission concluded that the
elimination of unnecessary regulation is appropriately addressed
through the removal of dominant carrier regulation and forbearance
under section 10 of the Act.
9. The Commission tentatively concluded that Iowa Telecom should be
given non-dominant regulatory treatment for interstate purposes in the
Oxford, Tiffin and Solon exchanges if South Slope is accorded incumbent
LEC status for purposes of section 251. The Commission sought comment
on this tentative conclusion. The Commission also stated that Iowa
Telecom may request additional deregulation in the Oxford, Tiffin and
Solon exchanges by filing a formal petition for forbearance consistent
with the Commission's rules.
10. The Commission sought comment on whether it should address, in
this proceeding, the long-term regulation of South Slope's interstate
operations in the Oxford, Tiffin and Solon exchanges if South Slope is
accorded section 251(h)(2) incumbent LEC status. If the Commission
addresses long-term regulation of South Slope's interstate operations
in these exchanges in the current proceeding, it asked what regulations
should apply to South Slope's interstate offerings. For example, the
Commission asked whether South Slope should be regulated as a dominant
carrier in these three exchanges if it is treated as a section
251(h)(2) incumbent LEC for purposes of section 251.
Ex Parte Presentations
11. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance
of the presentations and not merely a listing of the subjects
discussed. More than a one-or two-sentence description of the views and
arguments presented is generally required. Other rules pertaining to
oral and written presentations are set forth in section 1.1206(b) of
the Commission's rules as well.
Comment Filing Procedures
12. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR Sec. Sec. 1.415, 1.419, interested parties may file comments
and reply comments on or before the dates indicated on the first page
of this document. All filings related to this Notice of Proposed
Rulemaking should refer to WC Docket No. 04-347. Comments may be filed
using: (1) The Commission's Electronic Comment Filing System (ECFS);
(2) the Federal Government's rulemaking Portal; or (3) by filing paper
copies. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24,121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS, http://www.fcc.gov/cgb/ecfs
or the Federal eRulemaking Portal, http://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
[cir] For ECFS filers, if multiple dockets or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the
[[Page 66587]]
following words in the body of the message, ``get form.'' A sample form
and directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although the Commission continues to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
[cir] The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington, DC 20554.
13. Comments and reply comments and any other filed documents in
this matter may be obtained from Best Copy and Printing, Inc., in
person at 445 12th Street, S.W., Room CY-B402, Washington, DC 20554,
via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or
via e-mail at FCC@BCPIWEB.COM. The pleadings will also be available for
public inspection and copying during regular business hours in the FCC
Reference Information Center, Room CY-A257, 445 12th Street, SW.,
Washington, DC 20554, and through the Commission's Electronic Comment
Filing System (ECFS) accessible on the Commission's Web site, http://
www.fcc.gov/cgb/ecfs.
14. 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 and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
15. Comments and reply comments must include a short and concise
summary of the substantive arguments raised in the pleading. Comments
and reply comments also must comply with section 1.49 and all other
applicable sections of the Commission's rules. All parties are
encouraged to utilize a table of contents, and to include the name of
the filing party and the date of the filing on each page of their
submission.
16. Commenters who file information that they believe should be
withheld from public inspection may request confidential treatment
pursuant to section 0.459 of the Commission's rules. Commenters should
file both their original comments for which they request
confidentiality and redacted comments, along with their request for
confidential treatment. Commenters should not file proprietary
information electronically. Even if the Commission grants confidential
treatment, information that does not fall within a specific exemption
pursuant to the Freedom of Information Act (FOIA) must be publicly
disclosed pursuant to an appropriate request. See 47 CFR 0.461; 5
U.S.C. 552. The Commission may grant requests for confidential
treatment either conditionally or unconditionally. As such, the
Commission has the discretion to release information on public interest
grounds that does fall within the scope of a FOIA exemption.
Initial Paperwork Reduction Act of 1995 Analysis
17. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995, 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 47 U.S.C.
3506(c)(4).
Legal Basis
18. The legal basis for any action that may be taken pursuant to
the NPRM is contained in sections 1, 2, 4(i)-(j), 201, 203, 214, 251,
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151,
152, 154(i)-(j), 201, 203, 214, 251, 303(r).
Initial Regulatory Flexibility Analysis
19. In this NPRM, the Commission seeks comment on whether South
Slope should be treated as an incumbent LEC for purposes of section
251of the Act in the Iowa exchanges of Oxford, Tiffin and Solon
pursuant to section 251(h)(2) of the Act. The Commission also requests
comment on the appropriate regulatory treatment of South Slope and Iowa
Telecom, the legacy incumbent LEC in those exchanges, if the Commission
concludes that South Slope should be accorded incumbent LEC treatment
in these exchanges under section 251(h)(2) of the Act.
20. South Slope is a cooperative telephone company that provides
local exchange service and exchange access service to approximately
19,500 access lines in the general vicinity of Cedar Rapids and Iowa
City, Iowa. Iowa Telecom is the legacy incumbent LEC that serves the
Oxford. Solon, and Tiffin, Iowa exchanges. Because the proposed rule
affects only South Slope and Iowa Telecom, we find that any potential
action in this proceeding would not affect a substantial number of
small entities.
21. Therefore, we certify that the proposals in this NPRM, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
22. The Commission will send a copy of this NPRM, including a copy
of this Initial Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the SBA. This initial certification will also
be published in the Federal Register.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
23. None.
Ordering Clauses
24. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i)-(j), 201, 203, 214, 251, and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-
(j), 201, 203, 214, 251, and 303(r), this NPRM is adopted.
25. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice, including the Initial Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene H. Dortch
Secretary.
[FR Doc. E8-26813 Filed 11-7-08; 8:45 am]
BILLING CODE 6712-01-P