Goto Section: 64.613 | 64.703 | Table of Contents
FCC 64.702
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 64.702 Furnishing of enhanced services and customer-premises equipment.
(a) For the purpose of this subpart, the term enhanced service shall
refer to services, offered over common carrier transmission facilities
used in interstate communications, which employ computer processing
applications that act on the format, content, code, protocol or similar
aspects of the subscriber's transmitted information; provide the
subscriber additional, different, or restructured information; or
involve subscriber interaction with stored information. Enhanced
services are not regulated under title II of the Act.
(b) Bell Operating Companies common carriers subject, in whole or in
part, to the Communications Act may directly provide enhanced services
and customer-premises equipment; provided, however, that the Commission
may prohibit any such common carrier from engaging directly or
indirectly in furnishing enhanced services or customer-premises
equipment to others except as provided for in paragraph (c) of this
section, or as otherwise authorized by the Commission.
(c) A Bell Operating Company common carrier prohibited by the
Commission pursuant to paragraph (b) of this section from engaging in
the furnishing of enhanced services or customer-premises equipment may,
subject to other provisions of law, have a controlling or lesser
interest in, or be under common control with, a separate corporate
entity that furnishes enhanced services or customer-premises equipment
to others provided the following conditions are met:
(1) Each such separate corporation shall obtain all transmission
facilities necessary for the provision of enhanced services pursuant to
tariff, and may not own any network or local distribution transmission
facilities or equipment.
(2) Each such separate corporation shall operate independently in the
furnishing of enhanced services and customer-premises equipment. It
shall maintain its own books of account, have separate officers,
utilize separate operating, marketing, installation, and maintenance
personnel, and utilize separate computer facilities in the provision of
enhanced services.
(3) Each such separate corporation which provides customer-premises
equipment or enhanced services shall deal with any affiliated
manufacturing entity only on an arm's length basis.
(4) Any research or development performed on a joint or separate basis
for the subsidiary must be done on a compensatory basis. Except for
generic software within equipment, manufactured by an affiliate, that
is sold “off the shelf” to any interested purchaser, the separate
corporation must develop its own software, or contract with
non-affiliated vendors.
(5) All transactions between the separate corporation and the carrier
or its affiliates which involve the transfer, either direct or by
accounting or other record entries, of money, personnel, resources,
other assets or anything of value, shall be reduced to writing. A copy
of any contract, agreement, or other arrangement entered into between
such entities shall be filed with the Commission within 30 days after
the contract, agreement, or other arrangement is made. This provision
shall not apply to any transaction governed by the provision of an
effective state or federal tariff.
(d) A carrier subject to the proscription set forth in paragraph (c) of
this section:
(1) Shall not engage in the sale or promotion of enhanced services or
customer-premises equipment, on behalf of the separate corporation, or
sell, lease or otherwise make available to the separate corporation any
capacity or computer system component on its computer system or systems
which are used in any way for the provision of its common carrier
communications services. (This does not apply to communications
services offered the separate subsidiary pursuant to tariff);
(2) Shall disclose to the public all information relating to network
design and technical standards and information affecting changes to the
telecommunications network which would affect either intercarrier
interconnection or the manner in which customer-premises equipment is
attached to the interstate network prior to implementation and with
reasonable advance notification. Such information shall be disclosed in
compliance with the procedures set forth in 47 CFR 51.325 through
51.335.
(3) [Reserved]
(4) Must obtain Commission approval as to the manner in which the
separate corporation is to be capitalized, prior to obtaining any
interest in the separate corporation or transferring any assets, and
must obtain Commission approval of any modification to a Commission
approved capitalization plan.
(e) Except as otherwise ordered by the Commission, the carrier
provision of customer premises equipment used in conjunction with the
interstate telecommunications network may be offered in combination
with the provision of common carrier communications services, except
that the customer premises equipment shall not be offered on a tariffed
basis.
[ 45 FR 31364 , May 13, 1980, as amended at 46 FR 6008 , Jan. 21, 1981; 63 FR 20338 , Apr. 24, 1998; 64 FR 14148 , Mar. 24, 1999; 66 FR 19402 , Apr.
16, 2001]
Effective Date Note: At 64 FR 14148 , Mar. 24, 1999, § 64.702(b), (c)
and (d)(2) were amended. These paragraphs contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Section: 64.613 | 64.703
Goto Year: 2011 |
2013
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