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2012 Biennial Review of Telecommunications Regulations

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Released: February 5, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

FCC 13-17

Released: February 5, 2013

COMMISSION SEEKS PUBLIC COMMENT IN

2012 BIENNIAL REVIEW OF TELECOMMUNICATIONS REGULATIONS

CG Docket No. 13-29, EB Docket No. 13-35, IB Docket No. 13-30, ET Docket No. 13-36,

PS Docket No. 13-31, WT Docket No. 13-32, WC Docket No. 13-33

Comment Date: March 6, 2013
Reply Comment Date: April 5, 2013

NOTE: SEPARATE PLEADINGS MUST BE FILED WITH EACH BUREAU OR
OFFICE THAT HAS JURISDICTION OVER THE APPLICABLE RULE, AS
IDENTIFIED IN THE ATTACHMENTS.

The FCC is in the process of conducting its comprehensive 2012 biennial review of
telecommunications regulations pursuant to Section 11 of the Communications Act of 1934, as amended,
47 U.S.C. § 161. This section requires the Commission to (1) review biennially its regulations “that apply
to the operations or activities of any provider of telecommunications service,” and (2) “determine whether
any such regulation is no longer necessary in the public interest as the result of meaningful economic
competition between providers of such service.” Section 11 directs the Commission to repeal or modify
any regulation that it finds are no longer in the public interest.1
Pursuant to Section 1.430 of the Commission’s rules, 47 C.F.R. § 1.430, we seek input from the
public as to what rules should be modified or repealed as part of the 2012 biennial review. Submissions
should identify with as much specificity as possible the rule or rules that the commenting party believes
should be modified or repealed, and explain why and how the rule or rules should be modified or
repealed. Parties should discuss how their suggested rule changes satisfy the standard of Section 11 as
interpreted by the D.C. Circuit Court in Cellco Partnership.
In order to facilitate review of all comments, the cover page should indicate (1) that the
comments pertain to the Biennial Review 2012, (2) the Bureau or Office with jurisdiction over the rules
addressed in the comments, and (3) the appropriate docket number for that Bureau or Office. Parties
wishing to comment on rules within the jurisdiction of more than one Bureau or Office should file a


1 The Commission resolved several interpretative issues under the Section 11 standard in the 2002
Biennial Regulatory Review
, FCC 02-342, 18 FCC Rcd. 4726 (2003), aff’d, Cellco Partnership v. FCC,
357 F.3d 88 (D.C. Cir. 2004) (Cellco Partnership).

separate pleading with each applicable Bureau or Office regarding the rules within its jurisdiction. A list
of the rule parts within the purview of each relevant Bureau or Office of the Commission is attached.
After reviewing all comments submitted during the 2012 Biennial Review, the FCC intends the
Bureaus to issue a biennial report within four months after the filing of reply comments. Then, the
Commission intends to adopt all implementing NPRMs addressing recommendations contained in the
biennial report that rules be repealed or modified within five months of the report’s release.

Comments may be submitted using (1) the Commission’s Electronic Comment Filing System
(ECFS), or (2) by filing paper copies.2 Electronic submissions can be filed through the Commission’s
ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Generally,
only one copy of an electronic submission must be filed. In completing the transmittal screen,
commenters should include their full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number. Parties who choose to file by paper must file an original and four copies of
each filing. If more than one docket number appears in the caption of a filing, the filer 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. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 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 must 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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).
Reasonable accommodations for persons with disabilities are available upon request. Please
include a description of the accommodation you will need. Individuals making such requests must
include their contact information should FCC staff need to contact them for more information. Requests
should be made as early as possible. Please send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau: 202-418-0530 (voice), 202-418-0432 (TTY).
This is an exempt proceeding pursuant to § 1.1204(b) of the Commission’s Rules, 47 C.F.R.
§ 1.1204(b). Ex parte presentations are permitted.
For further information regarding this proceeding, please contact:


2 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998).
2

Consumer & Governmental Affairs Bureau: Deborah Broderson, 202-418-0652,
deborah.broderson@fcc.gov
Enforcement Bureau: Karen Onyeije, 202-418-1757, karen.onyeije@fcc.gov
International Bureau: Gardner Foster, 202-418-1990, gardner.foster@fcc.gov
Office of Engineering & Technology: Bruce Romano, 202-418-2124, bruce.romano@fcc.gov
Public Safety and Homeland Security Bureau: Timothy Peterson, 202-418-1575,
timothy.peterson@fcc.gov
Wireless Telecommunications Bureau: Jessica Almond, 202-418-2721, jessica.almond@fcc.gov
Wireline Competition Bureau: Kirk Burgee, 202-418-1599, kirk.burgee@fcc.gov
Action by the Commission January 31, 2013: By Chairman Julius Genachowski, and Commissioners
Mignon L. Clyburn and Jessica Rosenworcel; Commissioners Robert M. McDowell and Ajit Pai issuing
separate statements.
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FCC

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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

CONSUMER & GOVERNMENTAL AFFAIRS BUREAU (CGB)

CG Docket No. 13-29

Part 1 – Practice and Procedure – Sections 1.716 through 1.719 set forth rules for the filing of
informal complaints.
Part 6 – Access to Telecommunications Service, Telecommunications Equipment and Customer
Premises Equipment by Persons with Disabilities – Outlines the obligations of manufacturers and service
providers concerning accessibility to telecommunications service and equipment.
Part 7 – Access to Voicemail and Interactive Menu Services and Equipment by People with
Disabilities – Outlines the obligations of providers of voicemail and interactive menu services as well as
manufacturers of telecommunications equipment which performs a voicemail or interactive menu
function concerning accessibility.
Part 64 – Miscellaneous Rules Relating to Common Carriers – Addresses a broad range of
common carrier issues. Specifically: Subpart B (Indecent Telephone Message Services); Subpart F
(Telecommunications Relay Services); Subpart G (Telephone Operator Services - sections 64.703-705,
64.707-710); Subpart K (Changing Long Distance Service); Subpart L (Restrictions on Telemarketing
Telephone Solicitation and Facsimile Advertising); Subpart O (Interstate Pay-Per-Call and Other
Information Services); Subpart P (Calling Party Telephone Number; Privacy); Subpart Y (Truth-in-
Billing Requirements for Common Carriers); Subpart BB (Restrictions on Unwanted Mobile Service
Commercial Messages); Subpart CC (Customer Account Record Exchange Requirements).
Part 68 – Connection of Terminal Equipment to the Telephone Network – Establishes conditions
for direct connection to the network of registered terminal equipment to prevent network harm and ensure
that telephones are compatible with hearing aids. (CGB is only seeking comment concerning the rules in
this part relating to hearing aid compatibility and, in addition, on section 68.318(a)-(d).
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

ENFORCEMENT BUREAU (EB)

EB Docket No. 13-35

Part 1 – Practice and Procedure – Sections 1.711 to 1.736 set forth rules for the filing of informal
complaints and formal complaints against common carriers. Section 1.80 addresses the forfeiture process
applicable to providers of telecommunications services. Section 1.89 addresses the Notice of Violation
process applicable to providers of telecommunications services.
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

INTERNATIONAL BUREAU (IB)

IB Docket No. 13-30

Part 23 – International Fixed Public Radio Communication Services – Contains rules applicable
to international terrestrial fixed communications systems, including general licensing and application
filing requirements, technical standards, and operations.
Part 25 – Satellite Communications – Contains rules applicable to general licensing and
application filing requirements, technical standards, and operations for satellite communications,
including direct broadcast satellite service. Section 25.284 is jointly administered by the International
Bureau and the Public Safety and Homeland Security Bureau.
Part 43 – Reports of Communication Common Carriers and Certain Affiliates – Contains rules
requiring certain reports by common carriers, including reports regarding different facets of international
telecommunications.
Part 63 – Extension of Lines, and Discontinuance, Reduction, Outage and Impairment of Service
by Common Carriers; and Grants of Recognized Private Operating Agency Status – Contains rules
applicable to common carriers, including application filing requirements for international section 214
authorizations.
Part 64 – Miscellaneous Rules Relating to Common Carriers – Subpart J contains rules regarding
the Commission’s settlements policy.
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

OFFICE OF ENGINEERING AND TECHNOLOGY (OET)

ET Docket No. 13-36

Part 1 – Practice and Procedure – Sections 1.1307, 1.1310, and 1.1311 set forth radiofrequency
safety portions of procedures for implementing the National Environmental Policy Act of 1969.

Part 2 – Frequency Allocations and Radio Treaty Matters; General Rules and Regulations –
Establishes procedures for authorization of radio equipment, defines terms for radio services and contains
the Table of Frequency Allocations which identifies what uses are permitted on radio frequency spectrum.
Part 5 – Experimental Radio Services (Other Than Broadcast) – Establishes procedures for the
authorization of experimental radio licenses.
Part 15 – Radio Frequency Devices – Establishes operating parameters and authorization
requirements for unlicensed radio devices.
Part 18 – Industrial, Scientific and Medical Equipment – Limit the interference potential of
industrial, scientific and medical equipment, as well as certain consumer products, such as microwave
ovens, that use radio frequency energy to perform work rather than to communicate information.
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU (PSHSB)

PS Docket No. 13-31

Part 1 – Practice and Procedure – In addition to the procedural rules of general applicability, this
Part contains rules regarding the Communications Assistance for Law Enforcement Act (CALEA)
(Subpart Z).
Part 4 – Disruptions to Communications – Sets forth requirements pertinent to the reporting of
disruptions to communications and to the reliability and security of communications infrastructure.
Part 9 – Interconnected Voice Over Internet Protocol Services – Contains rules that apply to
interconnected VoIP service to ensure the provision of E911 service and access to 911 and E911 service
capabilities.
Part 10 – Commercial Mobile Alert System – Sets forth regulations regarding the Commercial
Mobile Alert System.
Part 11 – Emergency Alert System – Sets forth regulations regarding an Emergency Alert
System. Section 11.47 provides for optional participation in the EAS by “other communications methods
and systems.”
Part 12 – Redundancy of Communications Systems – Sets forth regulations to ensure the
resiliency, redundancy and reliability of communications systems, particularly 911 and E911 networks or
systems.
Part 20 – Commercial Mobile Radio Services – Section 20.3 contains definitions related to 911
and E911. Section 20.18 sets forth regulations that apply to commercial mobile radio service providers
regarding 911 service.
Part 22 – Public Mobile Services – Section 22.921 establishes regulations for mobile telephones
regarding 911 call processing and 911-only calling mode.
Part 25 – Satellite Communications – Section 25.284 establishes regulations regarding emergency
call center service. Section 25.284 is jointly administered by the International Bureau and the Public
Safety and Homeland Security Bureau.
Part 64 – Miscellaneous Rules Relating to Common Carriers – Subpart D establishes procedures
for handling priority services in emergencies. Subpart AA establishes regulations regarding the universal
emergency telephone number.
Part 90 – Private Land Mobile Radio Services – Contains rules applicable to general licensing
and application filing requirements, technical standards, and operations for Specialized Mobile Radio and
other commercial, private, and public safety licensees. Specifically, the Public Safety and Homeland
Security Bureau administers rules regarding Operating Requirements (Subpart N, sections 90.405 through
90.417), Licensing and Use of Frequencies in the 806-824, 851-869, 869-901 and 935-940 MHz Bands
(Subpart S, sections 90.676 through 90.677) and 700 MHz Public/Private Partnership (Subpart AA).
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

WIRELESS TELECOMMUNICATIONS BUREAU (WTB)

WT Docket No. 13-32

Part 1 – Practice and Procedure – In addition to containing the procedural rules of general
applicability to all Commission licensees, contains certain rules that explicitly address wireless
telecommunications applications and proceedings (Subpart F) and procedures relating to competitive
bidding (Subpart Q) and spectrum leasing (Subpart X).
Part 17 – Construction, Marking, and Lighting of Antenna Structures – Contains rules pertaining
to the construction, marking, lighting, registration, and notification relating to radio antenna structures
used for provision of wireless radio services.
Part 20 – Commercial Mobile Radio Services – Contains rules applicable to commercial mobile
radio service providers, including rules relating to citizenship, interconnection to facilities of local
exchange carriers, roaming, Title II obligations, and 911 service.
Part 22 – Public Mobile Services – Contains rules governing domestic, mobile, common carrier
services including the cellular telephone service, that are authorized to provide radio telecommunication
services for hire to the public.
Part 24 – Personal Communications Services – Contains rules applicable to general licensing and
application filing requirements, technical standards, and operations for narrowband and broadband
Personal Communications Services licensees.
Part 27 – Wireless Communications Services – Contains rules governing the provision of
miscellaneous wireless services on various frequency bands allocated for flexible use pursuant to Section
303(y) of the Communications Act, including the 700 MHz band, Wireless Communications Services,
Broadband Radio Service, Educational Broadband Service, and Advanced Wireless Services.
Part 80 – Stations in the Maritime Service – Contains licensing, technical, and operational rules
for various maritime radio services.
Part 90 – Private Land Mobile Radio Services – Contains rules applicable to general licensing
and application filing requirements, technical standards, and operations for Specialized Mobile Radio and
other commercial, private, and public safety licensees.
Part 95 – Personal Radio Service – Contains licensing, technical, and operational rules for the
218-219 MHz Service.
Part 101 – Fixed Microwave Services – Contains licensing, technical, and operational rules for
private and common carrier fixed microwave services, including rules or subparts governing the 24 GHz
Service, Local Television Transmission Service, Local Multipoint Distribution Service, 39 GHz Service
(38.6-40 GHz bands), Multiple Address Systems, Multichannel Video Distribution and Data Service, and
the 70/80/90 GHz Bands.
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ATTACHMENT

RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE

WIRELINE COMPETITION BUREAU (WCB)

WC Docket No. 13-33

Part 1 – Practice and Procedure – In addition to procedural rules of general applicability, this Part
contains certain procedural rules that specifically address common carriers. The Wireline Competition
Bureau administers: Subpart E (Complaints, Applications, Tariffs, and Reports involving Common
Carriers), sections 1.763-1.764 (Applications under Title II of the Communications Act), sections 1.771-
1.774 (Tariffs), section 1.781 (Contracts, Reports, and Requests Required to be Filed by Carriers), section
1.783 (Contracts), sections 1.785-1.795 (Financial and Accounting Reporting Requirements); section
1.815 (Reports of Annual Employment); and Subpart V (Implementation of Section 706 of the
Telecommunications Act of 1996), sections 1.7000-1.7002.

Part 32 – Uniform System of Accounts for Telecommunications Companies – Establishes a
mandatory uniform system of accounts for certain common carriers.
Part 36 – Jurisdictional Separations Procedures; Standard Procedures for Separating
Telecommunications Property Costs, Revenues, Expenses, Taxes and Reserves for Telecommunications
Companies. – Outlines the separations procedures designed for the allocation of property costs, revenues,
expenses, taxes, reserves, and Universal Service funds between state and interstate jurisdictions.
Part 42 – Preservation of Records of Communication Common Carriers – Prescribes the
regulations governing the preservation of records for communication common carriers.
Part 43 – Reports of Communication Common Carriers and Certain Affiliates – Prescribes certain
specific filing requirements for common carriers and certain of their affiliates.
Part 51 – Interconnection – Implements the interconnection, and other requirements of 47 U.S.C.
§§ 251 and 252 that are applicable to telecommunications carriers, local exchange carriers, and incumbent
local exchange carriers.
Part 52 – Numbering – Establishes the requirements and conditions for administration and use of
numbering resources for telecommunications services in the United States.
Part 53 – Special Provisions Concerning Bell Operating Companies – Establishes special
requirements applicable to Bell Operating Companies, pursuant to 47 U.S.C. §§ 271 and 272.
Part 54 – Universal Service – Establishes mechanisms for the preservation and advancement of
Universal Service pursuant to 47 U.S.C. § 254.
Part 59 – Infrastructure Sharing – Implements the general duty under 47 U.S.C. § 259 for
incumbent local exchange carriers to make available to certain qualifying carriers public switched
network infrastructure, technology, information, and telecommunications facilities and functions.
Part 61 – Tariffs – Prescribes the framework for the initial establishment of, and subsequent
revisions to, certain carriers’ tariff publications.
10

Part 63 – Extension of Lines, New Lines and Discontinuance, Reduction, Outage and Impairment
of Service by Common Carriers; and Grants of Recognized Private Operating Agency Status – Prescribes
a regulatory framework for the construction of wireline common carrier infrastructure, transfers of control
of such facilities, and discontinuations, reductions, or impairments of service.
Part 64 – Miscellaneous Rules Relating to Common Carriers – Addresses a number of common
carrier issues. Specifically, the Wireline Competition Bureau has jurisdiction over: Subpart A (Traffic
Damage Claims); Subpart G (Furnishing of Enhanced Services and Customer-Premises Equipment by
Communications Common Carriers; Telephone Operator Services); Subpart H (Extension of Unsecured
Credit for Interstate and Foreign Communications Services to Candidates for Federal Office); Subpart I
(Allocation of Costs); Subpart M (Provision of Payphone Service); Subpart N (Expanded
Interconnection); Subpart Q (Implementation of Section 273(d)(5) of the Communications Act); Subpart
R (Geographic Rate Averaging and Rate Integration); Subpart S (Nondominant Interexchange Carrier
Certifications Regarding Geographic Rate Averaging and Rate Integration Requirements); Subpart T
(Separate Affiliate Requirements for Incumbent Independent Local Exchange Carriers Providing In-
Region, Interstate Domestic Interexchange Services or In-Region International Interexchange Services);
Subpart U (Customer Proprietary Network Information); Subpart X (Subscriber List Information);
Subpart Z (Prohibition on Exclusive Telecommunications Contracts); Subpart DD (Prepaid Calling Card
Providers).
Part 65 – Interstate Rate of Return Prescription Procedures and Methodologies – Establishes
procedures and methodologies for the prescription of an authorized unitary interstate exchange access rate
of return. Also outlines the individual authorized rates of return for certain carriers’ interstate exchange
access rates.
Part 68 – Connection of Terminal Equipment to the Telephone Network – Establishes
requirements for direct connection to the public switched network of all terminal equipment (except those
falling under national security/defense interests). The Wireline Competition Bureau administers: Subpart
A (General), sections 68.1 – 68.3, 68.7; Subpart B (Conditions on Use of Terminal Equipment), sections
68.100 – 68.110, 68.160 – 68.162; Subpart C (Terminal Equipment Approval Procedures), sections
68.201 – 68.214, 68.218; Subpart D (Conditions for Terminal Equipment Approval), sections 68.300,
68.318(e), 68.320-68.354; and Subpart G (Administrative Council for Terminal Attachments).
Part 69 – Access Charges – Establishes rules for access charges for interstate or foreign access
services provided by telephone companies.
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STATEMENT OF

COMMISSIONER ROBERT M. McDOWELL

Re: Commission Seeks Public Comment in 2012 Biennial Review of Telecommunications
Regulations,
CG Docket No. 13-29, EB Docket No. 13-35, IB Docket No. 13-30, ET Docket
No. 13-36, PS Docket No. 13-31, WC Docket No. 13-33, Public Notice.
I support the Commission’s effort to commence its next biennial review of our Nation’s
telecommunications regulations, an exercise mandated by Congress.3 As this next round begins,
I am pleased that we are providing more certainty to the public as to when and how the
Commission will proceed in proposing to repeal any unnecessary regulations that are identified
during this review.


3 47 U.S.C. § 161.
12

STATEMENT OF

COMMISSIONER AJIT PAI

Re: Commission Seeks Public Comment in 2012 Biennial Review of Telecommunications
Regulations,
CG Docket No. 13-29, EB Docket No. 13-35, IB Docket No. 13-30, ET Docket
No.13-36, PS Docket No. 13-31, WT Docket No. 13-32, WC Docket No. 13-33, Public Notice.
During my first week in office, I recommended that our Biennial Review “should take the
form of Commission-level action rather than Bureau-level recommendations.”4 Today, we are
well on our way to accomplishing that goal. In this Public Notice, the Commission has
committed to issuing Notices of Proposed Rulemaking addressing the recommendations
contained in the biennial report within five months of that report’s release.
The communications marketplace is undergoing revolutionary change as we transition to
an all-IP world. This Biennial Review therefore serves as an ideal opportunity for us to: (1)
identify those regulations that are “no longer necessary in the public interest as the result of
meaningful economic competition between providers of [telecommunications] service”; and (2)
“repeal or modify” any such regulations. 47 U.S.C. § 161.
Because of today’s item, I am optimistic that this year’s Biennial Review will not simply
be an academic exercise. The biennial report will not sit on a shelf collecting dust, and the
staff’s many hours of labor compiling it will not be wasted. Rather, I am hopeful that this audit
will lead to meaningful and timely Commission action. And to help us achieve this goal, I
encourage all stakeholders to participate actively in the process.
I look forward to working with my colleagues on this Biennial Review in the months to
come and thank them for collaborating with me to improve this item.



4 See Statement of FCC Commissioner Ajit Pai on FCC’s Final Plan for Retrospective Analysis
of Existing Rules, May 18, 2012 (available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314165A1.pdf).
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