Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment
| Published date | 28 December 2020 |
| Citation | 85 FR 84264 |
| Record Number | 2020-26936 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 85 Issue 248 (Monday, December 28, 2020)
[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84264-84266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26936]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 63
[WC Docket No. 17-84; DA 20-1241; FRS 17274]
Accelerating Wireline Broadband Deployment by Removing Barriers
to Infrastructure Investment
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Wireline Competition Bureau of Federal
Communications Commission (Commission) makes two ministerial updates to
the Commission's rules revising a now inaccurate cross-reference to the
definition of copper retirement in changing it from now-repealed), and
an inaccurate cross-reference to the definition of ``technology
transition'' in section changing it from
DATES: Effective January 27, 2021.
[[Page 84265]]
ADDRESSES: Federal Communications Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Wireline Competition Bureau,
Competition Policy Division, Michele Levy Berlove, at (202) 418-1477,
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Wireline
Competition Bureau's Order in WC Docket No. 17-84, adopted October 20,
2020 and released October 20, 2020. The full text of this document is
available on the Commission's website at https://docs.fcc.gov/public/attachments/DA-20-1241A1.docx. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
This document does not contain new or modified information
collection requirements 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).
The Commission will not send a copy of this Order on
Reconsideration and Order to Congress and the Government Accountability
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules are rules of particular
applicability. The final rules associated with the Order are
ministerial clarifications of inaccurate cross-references of the
Commission's rules.
Synopsis
I. Introduction
1. Next-generation networks hold the promise of new and improved
service offerings for American consumers, and encouraging the
deployment of these facilities as broadly as possible has long been a
priority of the Commission. The COVID-19 pandemic has served to
underscore the importance of ensuring that people throughout the
country can reap the benefits of these next-generation networks, which
provide increased access to economic opportunity, healthcare,
education, civic engagement, and connections with family and friends.
Removing unnecessary regulatory barriers faced by carriers seeking to
transition legacy networks and services to modern broadband
infrastructure is therefore a key component of the Commission's work to
improve access to advanced communications services and to close the
digital divide.
2. In this Order, the Wireline Competition Bureau adopts non-
substantive ministerial updates to codified rules required by actions
the Commission took in the 2017 Wireline Infrastructure First Report
and Order (82 FR 61453, Dec. 28, 2017), by revising and correcting two
now-inaccurate cross-references in the rules.
II. Order
3. In this Order, the Wireline Competition Bureau makes two
ministerial updates to codified rules required by Commission actions
taken in the 2017 Wireline Infrastructure First Report and Order. We
revise a now-inaccurate cross-reference to the definition of copper
retirement in Sec. 63.60(i) of the rules, changing it from now-
repealed Sec. 51.332(a) to Sec. 51.325(a)(3), and an inaccurate
cross-reference to the definition of ``technology transition'' in Sec.
63.602(a)(2), changing it from Sec. 63.60(h) to Sec. 63.60(i). We
find that there is good cause for adopting this amendment here because
an inaccurate cross-reference may confuse applicants seeking to
determine whether a copper retirement, as defined by the rules, is
excluded from consideration as a ``technology transition'' in
accordance with Sec. 63.60(i). The inaccurate cross-references
occurred inadvertently as a result of a series of overlapping changes
to these rules over a three year period when previous rules had not yet
become effective at the time the new rules were adopted.
4. Section 553 of the Administrative Procedure Act permits the
Commission to amend its rules without undergoing notice and comment
where it finds good cause that doing so is ``impracticable,
unnecessary, or contrary to the public interest.'' The Commission has
previously determined that notice and comment is not necessary for
``rule amendments to ensure consistency in terminology and cross
references across various rules or to correct inadvertent failures to
make conforming changes when prior rule amendments occurred.''
Consistent with these previous decisions, in this instance the Wireline
Competition Bureau finds that notice and comment is unnecessary for
adopting ministerial revisions to Sec. Sec. 63.60(i) and 63.602(a)(2)
to ensure that the cross-references to the definitions of copper
retirement and technology transition are consistent with the recent
amendments to the Commission's rules.
5. This action is taken pursuant to the authority delegated by
Sec. Sec. 0.91 and 0.291 of the Commission's rules, 47 CFR 0.91 and
0.291.
III. Procedural Matters
6. This document does not contain new or modified information
collection requirements 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).
7. Contact Person. For further information about this proceeding,
please contact Michele Levy Berlove, Competition Policy Division,
Wireline Competition Bureau, at (202) 418-1477.
IV. Ordering Clauses
8. Accordingly, it is ordered that, pursuant to sections 1-4 and
214 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154
and 214, this Order is adopted.
9. It is further ordered that part 63 of the Commission's rules is
amended as set forth in the Final Rules.
10. It is further ordered that this Order shall be effective 30
days after publication in the Federal Register.
List of Subjects in 47 CFR Part 63
Cable television, Communications common carriers, Radio, Reporting
and recordkeeping requirements, Telegraph, Telephone.
Federal Communications Commission.
Daniel Kahn,
Associate Chief, Wireline Competition Bureau.
Final Rules
For the reasons set forth above, part 63 of title 47 of the Code of
Federal Regulations is amended as follows:
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
0
1. The authority for part 63 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214,
218, 403, 571, unless otherwise noted.
0
2. Amend Sec. 63.60 by revising paragraph (i) to read as follows:
[[Page 84266]]
Sec. 63.60 Definitions.
* * * * *
(i) The term ``technology transition'' means any change in service
that would result in the replacement of a wireline TDM-based voice
service with a service using a different technology or medium for
transmission to the end user, whether internet Protocol (IP), wireless,
or another type; except that retirement of copper, as defined in Sec.
51.325(a)(3) of this chapter, that does not result in a discontinuance,
reduction, or impairment of service requiring Commission authorization
pursuant to this part shall not constitute a ``technology transition''
for purposes of this part.
0
3. Amend Sec. 63.602 by revising paragraph (a)(2) to read as follows:
Sec. 63.602 Additional contents of applications to discontinue,
reduce, or impair an existing retail service as part of a technology
transition.
(a) * * *
(2) A statement identifying the application as involving a
technology transition, as defined in Sec. 63.60(i);
* * * * *
[FR Doc. 2020-26936 Filed 12-23-20; 8:45 am]
BILLING CODE 6712-01-P
