Rules and Regulations. Notice; solicitation of comments
3,757 words·~17 min read·
/register/2007/07/18/07-3480A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6570-01-M FEDERAL COMMUNICATIONS COMMISSION [CC Docket No. 96-45; DA 07-1327] Additional Comment Sought on Petition of Genesis Communications International, Inc. for Declaratory Rulings Regarding Lifeline Assistance Revenues AGENCY: Federal Communications Commission. ACTION: Notice; solicitation of comments. SUMMARY: In this document, the Wireline Competition Bureau (Bureau) seeks to refresh the record on issues raised in the Petition of Genesis Communications International, Inc.
(Genesis) for Declaratory Rulings Regarding Lifeline Assistance Revenues (Petition). Because comments and reply comments on the issue were filed several years ago, the passage of time and intervening developments have rendered the records developed by those commenters stale. Moreover, some issues raised by commenters may have become moot or irrelevant in light of intervening events. For these reasons, the Bureau requests that parties refresh the record with any new information or arguments they believe to be relevant to deciding the issues still pending.
DATES: Comments are due on or before August 17, 2007. Reply comments are due on or before September 4, 2007. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. See Supplementary Information for further filing instructions. FOR FURTHER INFORMATION CONTACT: Dana Bradford, Telecommunications Access Policy Division, Wireline Competition Bureau,
(202)418-7400 or TTY: 202-418-0432. SUPPLEMENTARY INFORMATION: This is a summary of *Additional Comment Sought on Petition of Genesis Communications International, Inc. for Declaratory Rulings Regarding Lifeline Assistance Revenues,* CC Docket No. 96-45, DA 07-1327, released March 16, 2007. 1. In 2000, the Commission denied a complaint filed by Genesis against Pacific Bell (Pacific) seeking reimbursement of certain End User Common Line
(EUCL)charges. Genesis then sought to recover the funds in a suit against the National Exchange Carrier Association, Inc. (NECA). Genesis and NECA subsequently agreed to stay the action pending referral to the Commission of Genesis's claim for retroactive reimbursement via its petition in the above captioned docket. 2. On November 16, 2000, Genesis filed the current Petition seeking a declaratory ruling from the Commission regarding:
(1)Whether Commission certification of Genesis's eligibility was a prerequisite to obtaining reimbursement from NECA for Lifeline discounts given to eligible end users under California's Universal Lifeline Telephone Service program; and
(2)whether Genesis was entitled to submit claims and receive reimbursement from NECA on a retroactive basis. The Petition was put on Public Notice for comment on March 27, 2001. In response, NECA and Genesis both asserted that, should reimbursement be warranted, the Universal Service Administrative Company
(USAC)should disburse the funds. 3. Since the dispute arose, the Commission has amended the Lifeline rules, and transferred responsibility for the program's administration from NECA to USAC. The Bureau issues this Public Notice to update several issues contained in the current record, as well as any additional information that may have become relevant to the proceeding. 4. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments that are due on or before August 17, 2007 and reply comments that are due on or before September 4, 2007. Interested parties may file comments and reply comments on or before the date indicated on the first page of this document. Comments may be filed using:
(1)The Commission's Electronic Comment Filing System (ECFS),
(2)the Federal Government's eRulemaking Portal, or
(3)by filing paper copies. *See Electronic Filing of Documents in Rulemaking Proceedings,* 63 FR 24121, April 6, 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. • *For ECFS Filers:* If multiple docket 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 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 we continue 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. 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. 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, Express, and Priority mail should be addressed to 445 12th Street, SW., Washington, DC 20554. *People with Disabilities:* 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), 202-418-0432 (tty). You may submit comments, identified by the above noted docket number, 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. • 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. In addition, one copy of each pleading must be sent to each of the following:
(1)The Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, *http://www.bcpiweb.com;* phone: 202-488-5300; fax: 202-488-5563; and
(2)Antoinette Stevens, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, SW., Room 5B-521, Washington, DC 20554; e-mail: *antoinette.stevens@fcc.gov;* and
(3)Dana Walton-Bradford, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, SW., Room 5A-423, Washington, DC 20554; e-mail: *dana.walton-bradford@fcc.gov.* 5. Filings and comments are also 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. They may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CYB402, Washington, DC 20554, telephone: 202-488-5300, fax: 202-488-5563, or via e-mail at: *http://www.bcpiweb.com.* 6. This matter 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 presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. Other rules pertaining to oral and written *ex parte* presentations in permit-but-disclose proceedings are set forth in § 1.1206(b) of the Commission's rules. Federal Communications Commission. Jeremy D. Marcus, Division Chief, Telecommunications Access Policy Division, Wireline Competition Bureau. [FR Doc. E7-13722 Filed 7-17-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [DA 07-2426] Consumer Advisory Committee AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: The Commission announces the re-chartering and appointment of members to the Consumer Advisory Committee (“Committee”) of the Federal Communications Commission (“Commission”). The Commission further designates the Chairperson of the Committee, and announces the date and agenda of the Committee's first meeting in calendar year 2007. A principal focus of the Committee will be the digital television transition. DATES: The first meeting of the new Committee will take place on Friday, August 10, 2007, 9 a.m. to 4 p.m., at the Commission's Headquarters Building, Room TW-C305, 445 12th Street, SW., Washington, DC 20554. ADDRESSES: Federal Communications Commission, 445 12th Street, NW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Scott Marshall, Consumer & Governmental Affairs Bureau,
(202)418-2809 (voice),
(202)418-0179 (TTY), or e-mail *scott.marshal@fcc.gov* . SUPPLEMENTARY INFORMATION: On June 8, 2007, the Commission released document DA 07-2426, which announced the re-chartering of its Consumer Advisory Committee, announced the appointment of twenty-six
(26)members to the Committee, designated the Committee's chairperson, and further announced the agenda, date and time of the Committee's first meeting in calendar year 2007. On June 18, 2007, the Commission released document DA 07-2683, announcing the appointment of two
(2)additional Committee members. The Committee is organized under and will operate in accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2 (1988). On November 17, 2006, the Committee was renewed for another two-year term. The mission of the Committee is to make recommendations to the Commission regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of consumers (including people with disabilities and underserved populations, such as American Indians and persons living in rural areas) in proceedings before the Commission. Each meeting of the full Committee will be open to the public. A notice of each meeting will be published in the **Federal Register** at least fifteen
(15)days in advance of the meeting. Records will be maintained of each meeting and made available for public inspection. Functions *Digital Transition* . A principal focus of the Committee will be the digital television transition as the Commission continues its efforts to assist consumers in understanding and preparing for the transition which, by law, must be completed by February 17, 2009. The Commission expects the Committee will provide specific recommendations on how best to ensure a smooth transition, as well as provide valuable insights that should further the Commission's goal of ensuring that all consumers, especially the elderly, low-income, non-English speaking consumers and people with disabilities, are aware of the transition and understand what specific steps, if any, they must take to continue watching television after the transition is complete on February 17, 2009. *Other Topics.* In addition to digital television, other topics to be addressed by the Committee will include, but are not limited to, the following areas: • Consumer protection and education ( *e.g.* , cramming, slamming, consumer friendly billing, detariffing, bundling of services, Lifeline/Linkup programs, customer service, privacy, telemarketing abuses, and outreach to underserved populations, such as Native Americans and persons living in rural areas). • Access by people with disabilities ( *e.g.* , telecommunications relay services, video description, closed captioning, accessible billing and access to telecommunications products and services). • Impact upon consumers of new and emerging technologies ( *e.g.* , availability of broadband, digital television, cable, satellite, low power FM, and the convergence of these and emerging technologies). Appointment of Chairman and Members The Commission appointed twenty-eight
(28)members to its Consumer Advisory Committee. Of this number, eleven
(11)represent interests of consumers, minorities, and low income communities; five
(5)represent disabilities communities; six
(6)represent the interest of state, local, and Native American interests, and, six
(6)represent industry interests. The Committee's slate is designed to be representative of the Commission's many constituencies, and the diversity selected will provide a balanced point of view as required by the Federal Advisory Committee Act. All appointments are effective immediately and shall terminate November 17, 2008 or when the Committee is terminated, whichever is earlier. The roster as appointed by Chairman Kevin J. Martin is as follows: Ms. Debra Berlyn, representing the Digital Television Transition Coalition is hereby appointed as chairperson of the Committee. Other members by organization and primary representative name include: 1. AARP—Jo Reed 2. Alaska State Department of Law—Lew Craig 3. Alliance for Community Media—Gloria Tristani 4. Appalachian Regional Commission—Harry L. Roesch 5. Benton Foundation—Charles Benton 6. Cablevision—Dodie Tschirch 7. Call For Action—Shirley Rooker 8. Communication Service for the Deaf—Karen Peltz Strauss 9. Communications Workers of America—Jeffrey Rechenbach 10. Consumer Action—Ken McEldowney 11. Consumer Electronics Association—Julie Kearney 12. Consumer Federation of America—Paul Schlaver 13. Consumers Union—Gene Kimmelman 14. Deaf and Hard of Hearing Consumer Advocacy Network—Claude Stout 15. Digital Television Transition Coalition—Debra Berlyn, Chairperson 16. Eastern Band of Cherokee Indians—Brandon Stephens 17. EchoStar Communications Corporation—Lori Kalani 18. Hawaii State Public Utilities Commission—John Cole 19. Hearing Loss Association of America—Janice Schacter 20. League of United Latin American Citizens—Eduardo Pena, Jr. 21. National Association of Broadcasters—John L. Sander 22. National Association of Regulatory Utility Commissioners—Nixyvette Santini 23. National Association of State Utility Consumer Advocates—Brenda Pennington 24. Northern VA Resource Center for Deaf and Hard of Hearing Persons—Cheryl Heppner 25. Parents Television Council—Dan Isett 26. Southern Growth Policies Board—Jim Clinton 27. The Seeing Eye, Inc.—Jay Stiteley 28. Verizon Communications, Inc.—Richard T. Ellis Meeting Dates On August 10, 2007, the Committee will meet to address matters of internal business and organization, such as the establishment of working groups, and will consider various consumer issues within the jurisdiction of the Commission including the digital television transition. Meetings are open to the public and are broadcast on the Internet in Real Audio/Real Video format with captioning at *www.fcc.gov/cgb/cac* . Members of the public may address the Committee or may send written comments to: Scott Marshall, Designated Federal Officer of the Committee, at the address indicated on the first page of this document. The meeting site is accessible to people with disabilities. Meetings are sign language interpreted with real-time transcription and assistive listening devices available. Meeting agendas and handout materials are provided in accessible formats. 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), 202-418-0432 (TTY). Federal Communications Commission. Nicole McGinnis, Deputy Chief, Consumer & Governmental Affairs Bureau. [FR Doc. E7-13918 Filed 7-17-07; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [CG Docket No. 03-123; DA 07-2761] Telecommunications Relay Services Applications for State Certification and Renewal of Current Certification Accepted Until October 1, 2007 AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission announces that it will accept applications for the renewal of state telecommunications relay services
(TRS)program certification. The Commission's rules provide that states may apply for a renewal of their certified state TRS program one year prior to the expiration of their current certification. DATES: TRS applications for state certifications and renewal certifications will be accepted beginning July 26, 2007, and are due on or before October 1, 2007. ADDRESSES: You may submit TRS State Certification applications identified by [CG Document No. 03-123], by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting electronic filings. • Federal Communications Commission's Web Site: *http://www.fcc.gov/cgb/ecfs/* . Follow the instructions for submitting electronic filings. • Parties who choose to file by paper should also submit their filings on diskette. These diskettes should be submitted, along with three paper copies, to: Pam Gregory, Consumer & Governmental Affairs Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-C417, Washington, DC 20554. Such submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Word 2003 or a compatible software. The diskette should be accompanied by a cover letter and should be submitted in “read only” mode and must be clearly labeled with the state's name, filing date and captioned “TRS Certification Application.” The label should also include the following phrase “Disk Copy—Not an Original”. Each diskette should contain only one party's pleadings, preferably in a single electronic file. In addition, electronic fillings must send diskette copies to the Commission's duplicating contractor at Portals II, 445 12th Street, SW., Room CY-CB402, Washington, DC 20554. • 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)418-0539 or TTY:
(202)418-0432. For detailed instructions for submitting electronic filings and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Pam Gregory, Consumer & Government Affairs Bureau, at
(202)418-2498 (voice),
(202)418-1169
(TTY)or e-mail: *pam.gregory@fcc.gov* . SUPPLEMENTARY INFORMATION: This is a summary of the Commission's document DA 07-2761, released June 22, 2007, in CG Docket No. 03-123. TRS State Certifications may be filed using:
(1)The Commission's Electronic Comment Filing System (ECFS),
(2)the Federal Government's eRulemaking Portal, or
(3)by filing paper copies. *See Electronic Filing of Documents in Rulemaking Proceedings* , 63 FR 24121, May 1, 1998. • Electronic Filers: Filings 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 electronic filings. • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the filing 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, which in this instance is CG Docket No. 03-123. Parties may also submit an electronic filing by Internet e-mail. To get filing instructions, filers should send an e-mail to: *ecfs@fcc.gov,* and include the following words in the body of the message, “get form <your e-mail address>.” 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 in this proceeding, filers must submit two additional copies of 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. • 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. • Commercial mail sent by 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, Express, and Priority mail should be addressed to: 445 12th Street, SW., Washington, DC 20554. A copy of document DA 07-2761 and any subsequently file documents in this matter will be available during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554,
(202)418-0270. Document DA 07-2761 and any subsequently filed documents in this matter may also be purchased from the Commission's duplicating contractor at their Web site, *www.bcpiweb.com,* or call
(800)378-3160. TRS State Certification applications may also be found by searching on the Commission's Electronic Comment Filing System
(ECFS)at: *http://www.fcc.gov.cgb/ecfs* (insert CG Docket No. 03-123 into the Proceeding block). To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send and e-mail to: *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). Synopsis The Commission's rules for the provision of TRS, pursuant to Title IV of the Americans with Disabilities Act, 47 U.S.C. 225 of the Communications Act, are codified at 47 CFR 64.601-605 of the Commission's rules. Pursuant to 47 CFR 64.605(b) of the Commission's rules, a state desiring certification of its TRS program must establish that:
(1)The state program meets or exceeds all operational, technical, and functional minimum standards contained in 47 CFR 64.604 of the Commission's rules;
(2)The state program makes available adequate procedures and remedies for enforcing the state program; and
(3)Where a state program exceeds the mandatory minimum standards contained in § 64.604 of the Commission's rules, the state establishes that its program in no way conflicts with federal law. Pursuant to 47 CFR 64.605(a) of the Commission's rules, documentation must be submitted through the state's office of the governor or other delegated executive office empowered to provide TRS. All documentation in support of the application must be submitted in narrative form, and must clearly describe the state program for implementing intrastate TRS, and the procedures and remedies for enforcing any requirements imposed by the state program. To the maximum extent possible, states should provide historical, statistical, and illustrative evidence demonstrating compliance with the Commission's TRS rules. Upon receipt, the Commission will give public notice of state TRS certification applications and provide notification in the **Federal Register,** pursuant to 47 CFR 64.605(a) of the Commission's rules. Interested parties will be invited to comment on each application within a period of time set by the Commission. In the event that a state's application is opposed or incomplete, the Commission may contact the responsible state officer to seek further documentation. If it appears that a state program will not meet certification requirements, the Commission will send notice to the responsible state officer prior to July 26, 2008, giving the state an opportunity to demonstrate that it has taken, or will take measures to bring its program into compliance with the Commission rules by July 26, 2008. The Commission will act to approve the applications for certification of states that demonstrate compliance with all applicable requirements of the Commission's rules on or before July 26, 2008. Approved certifications will be in effect for five
(5)years until July 26, 2013 pursuant to 47 CFR 64.605(c) of the Commission's rules. In the event a state does not apply for certification, the Commission will contact common carriers providing voice transmission service in that state to ensure that TRS service meeting the Commission minimum operational, functional and technical standards is available within their service areas. *See* 47 U.S.C. 225(c) of the Communications Act. Federal Communications Commission. Nicole McGinnis, Deputy Chief, Consumer & Governmental Affairs Bureau. [FR Doc. 07-3480 Filed 7-17-07; 8:45 am]
Connectionstraces to 1
Traces to 1 document
6 references not yet in our index
- 47 CFR 1.415
- 47 CFR 64.601-605
- 47 CFR 64.605(b)
- 47 CFR 64.604
- 47 CFR 64.605(a)
- 47 CFR 64.605(c)
Citation graph
cites case law
Rules and Regulations
Notice; solicitation of comments
Cite47 CFR 1.415
Cite47 CFR 64.601-605
Cite47 CFR 64.605(b)
Cite47 CFR 64.604
Cite47 CFR 64.605(a)
Cites 7 · showing 6Cited by 0 across 0 sources