FCC Web Documents citing 64.702

as compiled by hallikainen.com/FccRules on 2012 06 01

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  • (emphasis added); 47 C.F.R. 68.106(a) (``Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... .''); 47 C.F.R. � 64.702(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.'') (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
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  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program ``Married By America'' on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. � 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) (``Amendment of Sections 64.702, etc. Order''). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
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  • 2. Id. at 2. Id. at 3. Id. at 2. United Talmudical Academy Order, para. 19. Id. (emphasis added). >. Id. at para. 18. Id. > (describing features of provider's Centrex service, promising ``the latest features and functionality and . . . the newest system innovations as they become available.''). North American Telecommunications Association Petition for Declaratory Ruling Under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, 3 FCC Rcd 4385, para. 1 (1988). See, supra, n.8. Such a finding under the schools and libraries support mechanism has no precedential significance in other proceedings or contexts before the Commission. 01-2457 01-2457 � � � - �
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  • 271-272 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154, 160, 201-205, 271-272, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 1.3, that SBC's request for forbearance of CEI and other Communications Act requirements IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Dorothy Attwood Chief Common Carrier Bureau See 47 C.F.R. � 64.702(a). Ameritech Petition for Waiver of Computer III Rules for Reverse Search Capability, Order, 13 FCC Rcd 8762, 8767-68, �� 10-12 (Com. Car. Bur. 1997) (Ameritech CEI Waiver); US West Communications, Inc. Petition for Computer III Waiver, Memorandum Opinion and Order on Reconsideration, 11 FCC Rcd 7997, 8007-08, �� 24-25 (Com. Car. Bur. 1996) (BellSouth and SWBT CEI Waiver); U S
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  • an attestation engagement the auditor expresses an opinion on whether management's assertions are fairly stated in all material respects. The remaining portion of the AFR focuses on this new 30-day pre-approval requirement. Because the other requirements are non-applicable or redundant, BellSouth asks that the Commission completely vacate RAO 31's application to financial audits. In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980) (``Computer II''). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986) (``Computer III''). In the Matter of Separation of costs of
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  • To Provide Nonregulated Activities and To Provide for Transactions Between Telephone Companies and Their Affiliates, Report and Order, 2 FCC Rcd 1298 (1987) (Joint Cost Order), modified on recon., 2 FCC Rcd 6283 (1987), modified on further recon., 3 FCC Rcd 6701 (1988), aff'd sub nom. Southwestern Bell Corp. v. FCC, 896 F.2d 1378 (D.C. Cir. 1990). Amendment of Section 64.702 of the Commission's Rules and Regulations, Final Decision, 77 FCC 2d 384 (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (referred to collectively as Computer II). Computer II Final Decision, 77
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  • May 13, 2003) (BellSouth Application for Section 214 Discontinuance). See Comments Invited on BellSouth Telecommunications, Inc. Application to Discontinue Domestic Telecommunications Services, Comp. Pol. File No. 650, Public Notice, DA 03-1874 (rel. May 30, 2003). We received no comments, and BellSouth's section 63.71 application was granted, by automatic operation of the Commission's rules, on July 29, 2003. Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • 214, 218, and 47 C.F.R. �� 0.91 0.291, 1.3, 63.71, BellSouth's Open Network Architecture Plan amendment IS GRANTED in part. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau Filing and Review of Open Network Architecture Plans, BellSouth Open Network Architecture Plan Amendment, CC Docket No. 88-2 (filed Oct. 31, 2002) (BellSouth's ONA Plan Amendment). Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • 0.91 0.291, 1.3, 63.71, Qwest's petition for permission to withdraw ONA services Dataphone Select-a-Station, DDS2-Wire, and ScanAlert, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau Qwest Corporation Petition for Permission to Withdraw ONA Services, WC Docket No. 02-255 (filed Oct. 15, 2002) (Qwest ONA Petition). Qwest ONA Petition at 2, 3, 5-6. Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • date on which the petition seeking forbearance filed by Verizon shall be deemed granted, in the absence of a Commission denial of the petition for failure to meet the statutory standards for forbearance, is extended to March 19, 2006. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau 47 U.S.C. � 160(c). 47 U.S.C. � 160(a). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert. denied,
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  • 2; Qwest Petition at 3. Implementation of the Telecommunications Act of 1996: Accounting Safeguards Under the Telecommunications Act of 1996, 11 FCC Rcd 17539 (1996); see also Verizon Petition at 2; Qwest Petition at 3. 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), and 63.71(c) (second half of section); see also Verizon Petition at 2-3; Qwest Petition at 3. Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order, 104 FCC 2d 958, 1026-27, paras. 127-31 (1986); Application of Open Network Architecture and Nondiscrimination Safeguards to GTE Corporation, Report and Order, 9 FCC Rcd 4922 (1994); see also Verizon Petition at 2; Qwest Petition at 3. Verizon Petition at 3; Qwest Petition at 3. The requested relief
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  • Disaster Planning and Response, WC Docket 06-63 (Apr. 4, 2006). 47 C.F.R. �� 61.28, 61.32, 61.33, 61.38, 61.41-61.49, 61.58 and 61.59. Implementation of the Telecommunications Act of 1996: Accounting Safeguards Under the Telecommunications Act of 1996, 11 FCC Rcd 17539 (1996). 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), and 63.71(c) (second half of section). 47 C.F.R. � 64.1903(a). Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order 104 FCC 2d 958, paras. 127-31 (1986); Application of Open Network Architecture and Nondiscrimination Safeguards to GTE Corporation, Report and Order, 9 FCC Rcd 4922 (1994). Verizon also asks that the Commission, on its own motion, grant this relief to all other incumbent local telephone companies, without requiring
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  • (emphasis added); 47 C.F.R. 68.106(a) (``Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... .''); 47 C.F.R. � 64.702(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.'') (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
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  • provided through Verizon's Bell Operating Company (BOC) affiliates or through other Verizon affiliates that are not compliant with section 272 or the Commission's rules implementing that section. See 47 U.S.C. � 272. Verizon Petition at 1. Id. at 2; 47 U.S.C. � 203. Verizon Petition at 2; 47 C.F.R. � 61.31 et. seq. Verizon Petition at 3; Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 4 (1986). Verizon Petition at 3; e.g., 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), 63.71(c). Verizon Petition at 3; 47 C.F.R. �� 64.1901 - 64.1903. Verizon Petition at 2. 47 U.S.C. � 160(c). See, e.g., Petition of Ameritech Corporation for Forbearance from
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • (1987)). TCT is a rural, rate-of-return regulated telephone company operated from Basin, Wyoming. Id. at 3. Id. at 1 (citing Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities et al., CC Docket No. 02-33 et al., Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 14853 (2005) (Wireline Broadband Order)). Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, para. 231 (1980) (Computer II Final Decision)). Id. at 6. See 47 C.F.R. �� 1.1200, 1.1206. See 47 C.F.R. � 1.1206(b). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202
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  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program ``Married By America'' on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. � 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) (``Amendment of Sections 64.702, etc. Order''). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
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  • utilizing, or making available information via telecommunications''). Prior to the Telecommunications Act of 1996, the Commission used the term ``basic service'' instead of ``telecommunications service'' and ``enhanced service'' instead of ``information service.'' See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501, 11541, para. 81 (1998) (Report to Congress); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982). (last visited Apr. 30, 2010) (2010 FCC Form 499-A Instructions). Federal-State Joint Board on Universal Service; Request
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  • Rcd 2200, 2205-6, � 13 (2010). Waiver Request at 2. Id. at 3. Id. at 5 (citing Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, 15 FCC Rcd 17442, 17453-4, n.62 (2000); Access to Telecommunications Equipment and Services by the Hearing Impaired and other Disabled Persons, 4 FCC Rcd 4596 (1989); Amendment of Section 64.702 of the Commission's Rules and Regulations, 88 FCC 2d 512, 525-526, � 40 (1981)). See also Id. at 3 (quoting Commercial Availability of Navigation Devices, 14 FCC Rcd 7596, 7612, � 35 (1999)). 47 C.F.R. �� 1.1200 et seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY:
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  • 2008) (requesting relief from the Equal Access scripting requirement specifically); Cincinnati Bell Petition, WC Docket No. 09-206 (filed Sept. 11, 2009) (same). See Pleading Cycle Established for Comments on Petitions for Rulemaking and Clarification Regarding the Commission's Rules Applicable to Retirement of Copper Loops and Copper Subloops, Public Notice, 22 FCC Rcd 1056 (rel. Jan. 30, 2007). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (subsequent citations omitted). See Review of Wireline Competition Bureau Data Practices; Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services; 1998 Biennial Regulatory Review - Review of Computer III and ONA Safeguards and Requirements, WC Docket No. 10-132 and
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  • that the Commission forbear from enforcing certain ``legacy telecommunications regulations.'' The USTelecom Petition seeks forbearance from a variety of statutory provisions and regulations that USTelecom characterizes as falling into one of the following seventeen (17) categories: Category 1: Equal Access Scripting Requirement Category 2: Open Network Architecture and Comparably Efficient Interconnection Requirements, Enhanced Services Structural Separation Rule (47 C.F.R. � 64.702), and All-Carrier Computer Inquiry Rules Category 3: Cost Assignment Rules Category 4: Part 32 Uniform System of Accounts (47 U.S.C. � 220(a)(2), 47 C.F.R. �� 32.1-2.9000) Category 5: Property Record Rules (47 C.F.R. �� 32.2000(e), (f)) Category 6: Part 42 Recordkeeping Requirements (47 C.F.R. �� 42.4, 42.5, 42.7, 42.10(a)) Category 7: ARMIS Report 43-01 Category 8: Annual Revenue and Total
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  • as listed in their applications. 1 The applicants are Miriris Services, lac. (Miriris), U.S. Dialtone Corporation (USDC), G.A. Briel, Inc. (G.A. Briel), and Aramtel, Inc. (Aramtel). 2 USDC also states that it will offer an enhanced service using the resold services. Pursuant to Computer II, USDC need not seek authority to provide such enhanced services. See Amend ment of Section 64.702 of the Commission's Rules and Regula tions, Final Decision, 77 FCC 2d 384 (1980) (Computer II). Therefore, the authority granted herein applies only to basic switched services. 3 Call-back service allows foreign customers to use a foreign facility to dial a telephone number in the United States and receive a dial tone from a switch at the reseller's U.S. location,
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  • FCC Red at 15667-68. 496 47 U.S.C. � 251(c)(4)(A). 497 11 FCC Red at 15982-83. 498 The term "enhanced services," which includes access to the Internet and other interactive computer networks, as well as telemessaging, alarm monitoring, and other services, appears to be quite similar to the term "information services" in the 1996 Act. "Enhanced services" are defined in � 64.702(a) of our rules: "For the purposes of this subpart, the term shall refer to services, offered over common carrier transmission facilities used in interstate communications, which employ computer processing applications that act 16131 Federal Communications Commission FCC 97-158 and terminate interstate calls, ISPs should not be required to pay interstate access charges.499 In recent years, usage of interstate information services,
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  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
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  • that the Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). � �0�
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  • Communications Networks and Services, Draft Guidelines on market analysis and the calculation of significant market power, Brussels, March, 3, 2001. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress (``Universal Service Report''), 13 FCC Rcd 11501, 11516-17 33 (1998) Computer I, Final Decision and Order, 28 FCC 2d 267. In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Notice of Inquiry and Proposed Rulemaking, 61 FCC 2d 103 (1976). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, Report and Order, (Computer III), 104 FCC 2d 958 (1986), vacated California v. FCC, 905 F.2d 1217 (9th Cir. 1990). Broadband: Bringing Home the Bits, Computer
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266204A1.pdf
  • of a broadband service offering-which replaces the "switching or transmission" portion of a dial-up Internet connection-is covered, while any "capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications," 47 U.S.C. � 1001(6)(A), is not. The Commission has long distinguished between "information services" and the underlying "telecommunications" that transport them. See, e.g., Amendment of Section 64.702 of the Commission's Rules & Regulations (Second Computer Inquiry), 77 F.C.C. 2d 384, 475, � 231 (1980); Universal Service Report, 13 F.C.C.R. 24012, 24030, � 36 (1998); CALEA Second Report & Order, 15 F.C.C.R. 7105, 7120, � 27 (1999); CPE/Enhanced Services Bundling Order, 16 F.C.C.R. 7418, 7444, � 43 (2001); Section 271 Remand Order, 16 F.C.C.R. 9751, 9770, � 36
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  • �� 4, 11, 30. As the FCC stated: "where message switching is offered as an integral part of and as an incidental feature of a package offering that is primarily data processing, there will be total regulatory forbearance with respect to the entire service whether offered by a common carrier or non-common carrier." Id. � 31. In Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 F.C.C.2d 384, � 2 (1980) ("Computer II"), issued nine years after its Computer I ruling, the FCC addressed technological developments that had further blurred the boundary between traditional telecommunications and data processing services. The FCC adopted a regulatory framework that distinguished between the offering of "basic transmission service" and "enhanced service"-subjecting only the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278770A1.pdf
  • L. Evans, Gregory G. Rapawy, Michael E. Glover, Edward H. Shakin, and William H. Johnson. Before: RANDOLPH and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge. RANDOLPH, Circuit Judge: The Verizon telephone companies filed a petition requesting the Federal Communications Commission to refrain � to forbear � from applying several regulatory requirements1 to its broadband 3 re Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 1980 WL 356789 (1980); In re Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services, 14 F.C.C. Rcd. 4289, 1999 WL 125819 (1999). 2One of the five Commission seats was vacant at the time of the vote. See 47 U.S.C. � 154(a). services. Forbearance petitions
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  • on Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA). There we considered a challenge to the Commission's landmark 1980 Computer II Order, in which the Commission set forth regulatory ground rules for common carriers that provided so-called enhanced services, i.e., precursors to modern information services like cable Internet. See In re Amend. of � 64.702 of the Comm'n's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 385�89, �� 1�13 (1980). The petitioners argued that two aspects of the Computer II Order exceeded the Commission's ancillary authority. First, the Commission had ruled that AT&T, then the monopoly telephone provider throughout most of the nation, could offer enhanced services only through a separate subsidiary. CCIA, 693
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-308243A3.doc
  • Report). ISVM, a voice mail service provided on a centralized basis, is an information service. Like plain voice mail, this service allows users to store information and interact with stored information unrelated to the placing of a telephone call. These characteristics place voice mail, as well as electronic mail, firmly in the enhanced (information) service category. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 84 FCC.2d 50, 54-55 (1980). SMS is a store-and-forward method of transmitting messages to and from wireless devices. Store-and-forward technology is generally considered a characteristic of an information service. See, e.g., Policy and Rules Concerning the Interstate, Interexchange Marketplace, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21531, 21533 (1998). .
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  • aircraft companies. Communications relate to safe, efficient, and economical operation of aircraft. Typical messages concern aircraft performance, fuel, weather, position reports, and essential services and supplies. Public correspondence (e.g., private or personal messages of passengers or crew) is not permitted. Id. at 23,942, para. 117. Id. Id. Id. at 23,942, para. 118. ARINC Petition; ARINC Reply. See 47 C.F.R. � 64.702(a) (defining enhanced services). ARINC Petition at 3-6. The Telecommunications Act of 1996 uses the terms ``telecommunications services'' and ``information services,'' rather than the terms ``basic services'' and ``enhanced services.'' In the Universal Service Report to Congress, the Commission concluded that the definitions of ``telecommunications services'' and ``information services,'' added to the Act by the Telecommunications Act of 1996, "essentially correspond
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  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-366A1_Erratum.pdf
  • whereitis"notpossibletoseparatetheinterstateandtheintrastatecomponentsoftheassertedFCCregulation," FCCpreemptionissustainable).TheCommunicationsActdefines"interstatecommunication"asany communicationthatoriginatesinonestateandterminatesinanother.47U.S.c.�153(e). 277 CityandCountyofSanFranciscoCommentsat16;NationalAssociationofCounties,theNationalAssociationof TelecommunicationsOfficersandAdvisors,andMontgomeryCounty,MarylandJointCommentsat20;Reply CommentsofConcernedCommunitiesandOrganizationsat20.LSGACreferencestheargumentregardingSection 332(c)(7)initsRecommendationNo.19,issuedNovember1,1999.Section332(c)(7)statesthat"[e]xceptas providedinthisparagraph,nothinginthisActshalllimitoraffecttheauthorityofaStateorlocalgovernmentor instrumentalitythereofoverdecisionsregardingtheplacement,construction,andmodificationofpersonalwireless servicefacilities."47C.F.R.�332(c)(7).Section332(c)(7)expresslypermitstheCommissiontoregulateStateor localgovernmentdecisionsofthesitingofpersonalwirelessservicefacilitiesonthebasisofRFemissionssafety. 278 WCAFurtherReplyCommentsat14. 279 See,e.g.,CommunicationsCompanyofCharlottesvillev.BoardofSupervisorsofAlbemarleCounty,211F.3d 79,86(4thCir.2000). 23032 FCC00-366 videoservices. Giventhatpreciselythesamecustomer-endantennasmaybeusedfor telecommunicationsservicesasareusedforvideoservices,itisunlikelythatCongresswouldpreserve localzoningauthorityovertheoneatthesametimeitlimitedlocalzoningauthorityovertheother. 111. Inaddition,readingSection332(c)(7)soasnottoreachcustomer-endantennasismore consistentwithCongress'useoftheterm"customerpremisesequipment"throughoutthe1996Act. In the1996Act,Congressdefined"customerpremisesequipment"(CPE)as"equipmentemployedonthe premisesofaperson(otherthanacarrier)tooriginate,route,orterminatetelecommunications.,,280 Congressthusdidnotincludesuchequipmentwithinthecategoryoffacilitiesusedbycarrierstoprovide telecommunicationsservices.Asaconsequence,whenCongresssought,inthe1996Act,tocoverCPE alongwithtelecommunicationsequipment,itspecifiedbothCPEandtelecommunicationsequipment.28I GivenCongress'expressrecognitioninthe1996ActoftheCommission'slongstandingderegulationof CPEandthusitsfundamentallydifferentcharacter,282wefinditparticularlylikelythatCongresswould havespecificallyreferencedthisequipmentinSection332(c)(7)ifithadintendedforthissectionto applytothatequipment. 112. Moreover,nothinginthelegislativehistoryindicatesthatCongress'preservationoflocal zoningauthoritywasintendedtoextendtocustomer-endantennas.TotheextentthattheConference Reportgivesexamplesofpersonalwirelessservicefacilities,itreferencestowers:"confereesdonot intendthatifastateorlocalgovernmentgrantsapermitinacommercialdistrict,itmustalsogranta permitforacompetitor's'50-foottower'inaresidentialdistrict.,,283 113. Anarrowerinterpretationof"personalwirelessservicefacilities"alsobestpromotesthe goalsofthe1996ActandSection332(c)(7).Oneoftheprimarygoalsofthe1996Actwasto"promote competitionandreduceregulationinordertosecurelowerpricesandhigherqualityservicesfor Americantelecommunicationsconsumersandtoencouragetherapiddeploymentofnew telecommunicationstechnologies.,,284 Inparticular,amongotherthings,Congresssoughttoopenthe traditionallymonopolisticlocalexchangeandexchangeaccesstelecommunicationsmarketsto competitiveentry.285Section332(c)(7)promotesthisgoalbyimposingcertainlimitationsonstateand 28047U.S.c.�153(14). 281See,e.g.,47U.S.c.�255("Amanufactureroftelecommunicationsequipmentorcustomerpremisesequipment shallensurethattheequipmentisdesigned,developed,andfabricatedtobeaccessibletoandusablebyindividuals withdisabilities,ifreadilyachievable.");47U.S.C.�273("ABelloperatingcompanymaymanufactureandprovide telecommunicationsequipment,andmanufacturecustomerpremisesequipment,iftheCommissionauthorizesthat BelloperatingcompanyoranyBelloperatingcompanyaffiliatetoprovideinterLATAservicesunderSection271(d) ...."[subjecttorequirementsandexceptions].") 282See47U.S.c.�549(governingcommercialconsumeravailabilityofequipmentusedtoaccessservicesprovided bymultichannelvideoprogrammingdistributors).Thatsectionstates:"NothinginthissectionaffectsSection 64.702(e)oftheCommission'sregulations(47C.F.R.64.702(e))orotherCommissionregulationsgoverning interconnectionandcompetitiveprovisionofcustomerpremiseequipmentusedinconnectionwithbasiccommon carriercommunicationsservices."47U.S.c.�549(d)(2). 28" th -'S.Conf.Rep.No.104-230,104Cong.,2dsess.at91(1996)(1996ActConferenceReport). 2841996ActPreamble. 285 SeeLocalCompetitionFirstReportandOrder, 11FCCRcdat15505-06, 3.Thus,inSection251ofthe CommunicationsAct,CongressimposedspecialdutiesonLECsandincumbentLECstotakeactions,includingmaking theirfacilitiesandservicesavailabletocompetitorsonreasonabletenns,thatwouldpromotecompetition.47U.S.c.� (continued....) 23033 FederalCommunicationsCommission FCC00-366 localregulationofpersonalwirelessservicefacilitiessitingwhilepreservinglocalzoningauthority generally.Inparticular,Section332(c)(7)providesthattheregulationofthesitingofpersonalwireless servicefacilitiesbyastateorlocalgovernment"(I)shallnotunreasonablydiscriminateamongproviders offunctionallyequivalentservices;and(II)shallnotprohibitorhavetheeffectofprohibitingthe provisionofpersonalwirelessservices.,,286Ouractionhereisconsistentwiththespiritofthisprovision. 114. FixedwirelesstechnologiesprovideanalternativetotheincumbentLECs'offeringof basicandadvancedservices.Inorderforacustomertoreceivefixedwirelessserviceathomeoratthe office,thatcustomermustbeabletoplaceanantennaatthefixedsite.Toamuchgreaterdegreethanis thecasewiththecarrierhubsite,thereislittleflexibilitytoplacetheantennaatanotherlocation.Thus, theinabilityofacustomertoplaceanantennaatthecustomer'sfixedsitewillresult,withfew exceptions,inthedenialoffixedwirelessservicetothatcustomer,whereastheinabilityofacarrierto placeahubsiteataspecificsitewilloftennotresultinadenialofwirelessservicetocustomersinthat area.Therefore,applyingablanketruleagainstmostrestrictionsontheplacementofthesecustomer antennasisconsistentwithboththebroadpro-competitivegoalsofthe1996Actandthespecificpro- competitivegoalsofthelimitationsonstateandlocalregulationsetforthinSection332(c)(7).In particular,unreasonablerestrictionsontheplacementoftheseantennasalmostbydefinitionboth effectivelyprohibittheprovisionofpersonalwirelessservicesanddisadvantageprovidersoffixed wirelessservicesascomparedtotheirwirelinecompetitors,thusunreasonablydiscriminatingamong providersoffunctionallyequivalentservices.Thus,thebalanceofthepro-competitivegoalsofthe1996 Actagainstthegoalofpreservinglocalauthorityisdifferentfortheseantennasthanforhubantennas, anditisreasonabletoconclude,inlightoftheoverridingCongressionalintenttopromotecompetition, thatCongressdidnotcontemplateincludingtheseantennasinSection332(c)(7). 115. Forsimilarreasons,wealsothinkthatreadingSection332(c)(7)toexcludecustomer- endantennasismoreconsistentwiththejudicialenforcementmechanismestablishedforSection 332(c)(7)non-RFsafetycomplaintsregardingstateorlocalgovernmentregulation.Requiringaggrieved parties(usuallyserviceproviders)toseekajudicialremedyagainstanadverselocalzoningdecision involvingahubsitewasintendedasanadditionalmeasuretopreservelocalauthority.However,the burdenoncustomersofhavingtolitigateindividualzoningdecisionsincourt,asopposedtoseekingan administrativeremedy,wouldbesubstantiallygreaterthantheburdenSection332(c)(7)imposeson serviceproviders.Thus,again,thebalanceamongCongress'goalsisdifferentforcustomer-end antennasthanforhubsites.Forallthesereasons,weconcludethatcustomer-endantennasarenot personalwirelessservicefacilitieswithinthemeaningofSection332(c)(7),andthusthatSection 332(c)(7)doesnotpreservestateandlocalauthorityovertheseantennas. 116. Wealsofindthatthereisnoconstitutionalimpedimenttoourforbiddingrestrictionson theplacementofantennasonpropertywithinthetenantuser'sexclusiveuse,wherethatuserhasan interestintheproperty.287IntheOTARDSecondReportandOrder,weheldthatsuchrulesasappliedto (Continuedfrompreviouspage)------------ 251. InSection271,CongressrequiredtheformerBelloperatingcompaniestomeetacompetitivechecklist,andto demonstrateeithertheexistenceoffacilities-basedcompetitioninthelocalexchangemarketortheabsenceofarequest foraccessandinterconnectiontoprovidelocalexchangeservice,beforetheyareallowedtoprovidein-region
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
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  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
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  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
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  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
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  • 3. U S WEST v. FCC, 182 F.3d at 1234 (emphasis added). Id. at 1235. Id. Id. at 1236-37. Id. at 1235. Id. at 1236-37. Id. at 1237. Id.. Id. at 1238-39. CPNI Order, 13 FCC Rcd at 8084-8113, paras. 32-67. CPNI Reconsideration Order, 14 FCC Rcd at 14430-35, paras. 40 - 47; 47 C.F.R. � 64.2005(b)(1). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980). Policy and Rules Concerning the Interstate, Interexchange Marketplace, Implementation of Section 254(g) of the Communications Act of 1934, as amended, CC Docket No. 96-16; 1998 Biennial Regulatory Review - Review of Customer Premises Equipment and Enhanced Services Unbundling Rules in the Interexchange, Exchange
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  • parity, of certain interstate interexchange services from price cap regulation. See id. at 14225, para. 4. Id. at para. 3. Id. at para. 4. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities (Computer I), 28 FCC 2d 291 (1970) (Tentative Decision); 28 FCC 2d 267 (1971) (Final Decision). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), affirmed sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
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  • competitive CPE market. The Commission determined that by separating the provision of CPE from a carrier's provision of monopoly telecommunications services, consumers would benefit not only through competitive sources of supply for CPE, but also through the option of leasing or owning equipment, competitive pricing and payment options, and improved maintenance. It codified this ``no bundling'' requirement in rule section 64.702(e), which requires all common carriers to sell or lease CPE separate and apart from such carriers' regulated communications services, and to offer CPE solely on a deregulated nontariffed basis. As the Commission pointed out in the Further Notice, this rule does not prohibit carriers from offering ``one-stop shopping for CPE and telecommunications services, but requires only that the goods or
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  • CC Docket No. 00-21, Public Notice, DA 00-2626 (rel. Nov. 21, 2000). We accordingly issue this order in the same docket. Application at 7. Nevadacom Petition at 5-6 (citing Western Union Telegraph Company Revisions to Tariff F.C.C. Nos. 229 and 263, Transmittal No. 7485, Memorandum Opinion and Order, para. 6 (Com. Car. Bur. 1980) (Western Union Order); Amendment of Part 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 F.C.C.2d 384 (1980) (Computer II Order). For example, the Commission determined that Internet access services are information services by analyzing the features and functions of the services and how they are used by certain entities. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to
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  • Proposed Rulemaking, 6 FCC Rcd 4524 (July 11, 1991) (Part 69/ONA Order); In the Matter of Telephone Company-Cable Television Cross-Ownership Rules, CC Docket No. 87-266, Mem. Opinion and Order on Reconsideration and Third Further Notice of Proposed Rulemaking, 10 FCC Rcd 244, 340-47, paras. 209-22 (Nov. 7, 1994) (defining new services test) (Video Dialtone Reconsideration Order). See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986). First Payphone Order, 11 FCC Rcd at 20644, para. 208, and 20667, para. 253. Id. at 20644, para. 208, and 20660, para. 238. Id. at 20669-70, para. 261. Payphone Reconsideration Order, 11 FCC Rcd at 21307-09, paras. 162-65. Id.
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  • (unpublished). The Common Carrier Bureau Asks Parties to Update and Refresh Record for the Inmate Payphone Service Proceeding, CC Docket No. 96-128, Public Notice, 14 FCC Rcd 7085 (1999) (Public Notice). 47 U.S.C. � 276(a). 47 U.S.C. � 276(b)(1)(C). The Computer III Inquiry refers to an extensive, on-going Commission proceeding concerning the provision of enhanced services. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 F.C.C. 2d 958 (1986). 47 U.S.C. � 276(b)(1)(A). 47 U.S.C. � 276(d). As a result of this statutory definition, this Order will treat, as a matter of terminology, ICS providers as a subset of PSPs. Implementation of the Pay Telephone Reclassification and Compensation
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  • deployed from a cable operator's headend (the origination point for signals in the cable) to neighborhood nodes. Located at the headend is a Cable Modem Termination System (CMTS), which manages the flow of data between cable subscribers and the Internet or other equipment. See Computer III March 1999 Order, 14 FCC Rcd at 4293, n.11 (citations omitted). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 429, para. 117 (1980) (Computer II), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
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  • Inquiries (``Computer Inquiries''). See generally Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Docket No. 16979, Final Decision and Order, 28 F.C.C. 2d 267 (1971), aff'd in part sub nom. GTE Service Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, Order, 40 F.C.C. 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry) (``Computer II Final Decision''), CC Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980), on reconsideration, Memorandum Opinion and Order, 84 F.C.C. 2d 50 (1980) and Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C. 2d 512 (1981), aff'd sub nom. Computer and Commun. Indus. Ass'n v FCC, 693 F.2d
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  • states' power to regulate pursuant to the Communications Act of 1934 and longstanding Commission rules and orders. These policies apply because predictive dialers are used interchangeably and inseparably for both inter- and intrastate communications, and are not susceptible to a segregated regulatory framework that would govern inter- and intrastate uses separately.''); DMA Further Comments at 4. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, 77 FCC2d 384, Final Decision (1980) (Computer II). In the Computer II Order, the Commission explained that `` In conferring jurisdiction upon this agency over `all instrumentalities . . . incidental to . . . transmission,' the intent was `. . . to give the FCC ability to
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  • calls) that is used in calculating the dial-around rate. As a result of the 10 unpaid calls, the call volume becomes 240 instead of 250, increasing the dial-around rate by a factor of 250/240, or only 1.04 instead of 1.11. NPRM, 18 FCC Rcd at 22821, para. 31. RBOC Coalition Comments at 13. APCC Comments at 26. Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order, 104 FCC 2d 958, 1086 (1986). APCC Comments at 26. APCC Comments at 27. AT&T Reply Comments at 21-22. Sprint argues for the inclusion of revenues from Internet access, but provides no supporting information. Sprint Comments at 18. We agree with APCC that Internet terminals are unlikely to
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  • Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC 2d 11 (1966) (Computer I NOI); Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979) (Computer II Tentative Decision); Computer II Final Decision, 77 FCC 2d 384 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104
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  • Order, 14 FCC Rcd 16252. See Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149, Memorandum Opinion and Order, 18 FCC Rcd 23525 (2003) (Verizon OI&M Forbearance Order), appeal pending, Verizon Tel. Cos. v. FCC, D.C. Cir. No. 03-1404. See Amendment of Section 64.702 of the Commission's Rules and Regulations, Final Decision, 77 FCC 2d 384 (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied sub nom. Louisiana Pub. Serv. Comm'n v. FCC, 461
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  • Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC 2d 11 (1966) (Computer I NOI); Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979) (Computer II Tentative Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Decision); Amendment of Section
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  • and, commonly, another location.''). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501, 11516 (1998) (Universal Service
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  • 4, 2004) (AT&T November 10-Q Report) (identifying $160 million in ``USF contribution savings since the beginning of 1999'' as a result of characterizing ``enhanced'' calling card services as information services); see also Letter from Robin Tuttle, USTA, to Marlene H. Dortch, Secretary, Federal Communications Commission (Nov. 22, 2004). AT&T Petition at 18. AT&T Reply at 9 (citing 47 C.F.R. � 64.702(a)) & 12 n.6 (qualifies as information service via either changed information or interaction). AT&T Reply at 4 (``half of households with incomes below $20,000 and 70% of African-American households have used prepaid cards, and consumers 55 and older represent the fastest-growing segment of prepaid card users''). Id. (noting that intrastate access charges may be as high as 14 cents per
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  • paras. 3-4 (1995) (Nondominant Tariff Filing Order). 47 C.F.R. � 63.71(c). Id. � 63.03(b). 47 U.S.C. �� 201, 202. Id. � 251(a)(1). 47 U.S.C. � 251(b)(1). Id. �� 224, 251(b)(4). 47 U.S.C. � 251(c). See 47 C.F.R. � 64.1903. 47 U.S.C. � 254(d). Id. � 225. Id. � 222(a)-(c), (f). Id. � 222(d)(4), (g). Id. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Commc'ns Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA
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  • (arguing that competitors that can integrate their local and long distance operations are at an advantage, especially with respect to complex services to large business customers that want end-to-end services); see also USTA NPRM Comments at 7. The Commission has previously found that structural separation may sacrifice innovation, efficiency, and economies of scale and scope. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 3 (1986) (Computer III Phase I Order) (finding that the decreased efficiency
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  • 13653, 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 U.S.C. � 271. See 47 U.S.C. � 271(d)(6). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra n.213. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • Carriers, CC Docket No. 93-36, Order, 10 FCC Rcd 13653, 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra part III.C.4. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • Secretary, FCC, WC Docket No. 06-172 at 7 (filed June 13, 2007) (Verizon June 13, 2007 Ex Parte Letter). 47 C.F.R. � 51.319(a), (b), (e). (discussing Computer Inquiry III requirements). See 47 C.F.R. �� 61.32, 61.33, 61.38, 61.41-61.49, 61.58, 61.59, 63.03, 63.04. 47 U.S.C. � 251(c)(3). Qwest Omaha Forbearance Order, 20 FCC Rcd at 19417-22, paras. 3-11. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • the Computer Inquiry requirements, a BOC that provides enhanced services must unbundle its enhanced services and offer transmission capacity to other enhanced service providers under the same tariffed rates, terms, and conditions under which it provides services to its own enhanced service operations, and further must provide its enhanced services only through a Computer II affiliate. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert. denied,
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  • As AT&T states in its comments, AT&T and other carriers ``sell InterCall transport that InterCall then resells with its audio bridging service to its teleconferencing customers.'' See AT&T Comments at 3; see also Canopco Comments at 4; Genesys Comments at 2; Premiere Global Comments at 1-2; TeleSpan Comments at 4. See North American Telecommunications Association Petition for Declaratory Ruling Under �64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF 84-2, Memorandum Opinion and Order, 101 FCC 2d 349, 363, para. 31 (1985) (NATA Order) (describing services that are adjuncts to basic service and determining that Automatic Route Selection is an adjunct to basic service because it simply creates the transmission channel chosen by
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  • 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 U.S.C. � 271. See 47 U.S.C. � 271(d)(6). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra part III.D.4. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • U.S.C. � 160(c) in the Omaha Metropolitan Statistical Area, WC Docket No. 04-223, Memorandum Opinion and Order, 20 FCC Rcd 19415, 19419, 19462-63, paras. 7, 94-96 (2005) (Qwest Omaha Forbearance Order), aff'd, Qwest Corp. v. FCC, 482 F.3d 471 (D.C. Cir. 2007) (Qwest Corp. v. FCC). Qwest Omaha Forbearance Order, 20 FCC Rcd at 19417-22, paras. 3-11. Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
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  • Regulatory Affairs, Comcast, to Marlene H. Dortch, Secretary, FCC (Mar. 11, 2008). Comcast Letter on Authority at 2; see also Katherine A. Zachem, Vice President of Federal Regulatory Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, FCC, Attach. at 17 (Feb. 26, 2008) (Comcast Hearing Remarks) (terming this provision the government's ``deregulatory policy for the Internet''). See Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Memorandum Opinion and Order, 84 FCC 2d 50 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Memorandum Opinion and Order on Further Reconsideration, 88 FCC
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  • and we classify it as an ``information service'' today. Insofar as that service allows communications with no net protocol conversion, it is not subject to our ``information service'' classification here. We note that the presence of a net protocol conversion is not the only basis for classifying a service as an ``enhanced'' or ``information service.'' See, e.g., 47 C.F.R. � 64.702(a); Computer II Final Decision, 77 FCC 2d at 420-21, para. 97. We do not reach those issues at this time, however. See, e.g., Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as Amended, CC Docket No. 96-149, First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21905, 21957-58,
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  • Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands, IB Docket No. 02-10, Report and Order, 20 FCC Rcd 674 (2005). Streamlining the Commission's Rules and Regulations for Satellite Applications and Licensing Procedures, IB Docket Nos. 95-117 and 00-248, Eighth Report and Order and Order on Reconsideration, 23 FCC Rcd 15099 (2008). See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
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  • incumbent control over CPE was gradually reduced under a number of decisions continuing into the early 1980s. See Proposals for New or Revised Classes of Interstate and Foreign Message Toll Telephone Service (MTS) and Wide Area Telephone Service (WATS), Docket No. 19528, First Report and Order, 56 FCC 2d 593, 599, para. 17, 612-13, paras. 53-54 (1975); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 388 (1980) (Computer II Final Decision) (subsequent history omitted). Michael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 CommLaw Conspectus 187, 192 (2008); Stephen Segaller, Nerds 2.0.1: A Brief History of the Internet 74 (1998);
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  • 14875-76, para. 41. Our actions in this order do not disturb or implicate regulatory relief from Computer III requirements that Qwest already has obtained. 47 U.S.C. � 160(a). Id. The Qwest Petition devotes one paragraph, on page 11, to the Computer III forbearance issue and presents no explanation of why forbearance is warranted. Qwest Petition at 11. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 466-67, para. 216 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 4 (1986). ``Exclusionary'' (or ``Bainian'') market power, which is the ``ability of a firm profitably to raise and sustain its
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  • Regulatory & Policy Problems Presented by the Interdependence of Computer & Comm. Servs., Docket No. 16979, Final Decision and Order, 28 F.C.C. 2d 267, 270, para. 12, 275, para. 24 (1971) (Computer I Final Decision), aff'd sub nom. GTE Servs. Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, 40 F.C.C. 2d 293 (1972). Amendment of Section 64.702 of the Comm'n's Rules & Regs, Second Computer Inquiry, Final Decision, 77 F.C.C. 2d 384, 417-35, paras. 86-132, 461-75, paras. 201-31 (1980) (Computer II Final Decision), aff'd sub nom. Computer & Commc'ns Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982); Amendment of Section 64.702 of the Comm'n's Rules & Regs. (Third Computer Inquiry), CC Docket No. 85-229, Phase
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  • Ernesto Falcon, PK, to Marlene H. Dortch, Secretary, FCC, GN Docket Nos. 09-191, 10-127, WC Docket No. 07-52 (Oct. 28, 2010). The Commission has long protected end users' rights to attach lawful devices that do not harm communications networks. See, e.g., Use of the Carterfone Device in Message Toll Telephone Service, 13 FCC 2d 420, 424 (1968); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384, 388 (1980); see also Michael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 CommLaw Conspectus 187, 192 (2008); Kevin Werbach, The Federal Computer Commission, 84 N.C. L. Rev. 1, 21 (2005). . Open Internet NPRM, 24 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1_Rcd.pdf
  • Letter from Ernesto Falcon, PK, to Marlene H. Dortch, Secretary, FCC, GN Docket Nos. 09-191, 10-127, WC Docket No. 07-52 (Oct. 28, 2010). 196The Commission has long protected end users' rights to attach lawful devices that do not harm communications networks. See, e.g.,Use of theCarterfone Device in Message Toll Telephone Service, 13 FCC 2d 420, 424 (1968); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384, 388 (1980); see alsoMichael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 COMMLAW CONSPECTUS187, 192 (2008); Kevin Werbach, The Federal Computer Commission, 84 N.C.L. REV.1, 21 (2005). 197As Qwest states, "Qwest and virtually all major broadband providers have
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  • Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision), aff'd in part sub nom. GTE Service Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, 40 FCC 2d 293 (1973) (Computer I). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • 23. 47 U.S.C. � 252(d)(2)(A). See, e.g., Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Report and Order and Second Further Notice of Proposed Rulemaking, 4 FCC Rcd 2873, 3051-56, paras. 359-68 (1989) (discussing the need for, and definition of, baskets and bands of services for purposes of price cap regulation of AT&T); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, paras. 214-17, 220-22 (1986) (requiring the identification and tariffing of certain Basic Service Elements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • 1191 Policy and Rules Concerning the Furnishing of Customer Premises Equipment, Enhanced Services and Cellular Communications Services by the Bell Operating Companies, Report and Order, 95 F.C.C. 2d 1117, 1135-36 (1983) (adopting safeguards to prevent BOCs from providing superior access, installation, and maintenance services to themselves than to competitive providers of CPE, enhanced services and cellular services); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry) , Report and Order, 104 F.C.C. 2d 958, 1026-27 (1986) (requiring BOCs to provide competing enhanced service providers with comparably efficient interconnection "to control potential discrimination" by BOCs in favor of their own offerings); id. at 1041 (time periods for installation, maintenance, and repair must be the same for competing carriers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, "as an indication that an architecture with highly efficient interconnection can be designed." Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. 337 See State Attorneys General Apr. 27 Ex Parte Rosston and
• http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
• http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
  • Service. Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. � 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. Federal Communications Commission FCC 98-116 A-4 � 76.1210 Effect on Other Rules. Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Federal Communications Commission FCC 98-116 B-1 APPENDIX B Note:If no abbreviation appears in parentheses following the full name, the full name is used in the Report and Order. LIST OF COMMENTERS 1. AD HOC
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.wp
  • the Commission's rules, the term "enhanced services" refers 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." See 47 C.F.R. � 64.702(a). For a further discussion of the terms, enhanced services and basic services, see Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 96-149, 11 FCC Rcd 21905, � 102-107 (1996) (Non-Accounting Safeguards Order). 42 BOC Enhanced Services Market Trial
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.pdf
  • provided the services contemplated. 8 The term "enhanced services" refers 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. See Section 64.702 (a) of the Commission's Rules, 47 C.F.R. �64.702(a). For purposes of this proceeding, information and enhanced services are used interchangeably. 9 As discussed within, 911 has been designated as a national code for emergency services. 4 311 on a nationwide basis for this purpose.7 Wherever 311 is currently in use for other purposes, however, we would allow that use to
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  • whom they also sold telephones, and then market only new CPE that is not part of a new bundled plan.13 Section 222(c)(1)(A) permits the use of CPNI, Federal Communications Commission DA 98-971 14 We note that this clarification does not alter the current Commission restrictions on carrier bundling of CPE or information services for wireline carriers. See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, 496 (1980) (Computer II Final Decision); Memorandum Opinion and Order on Reconsideration, 84 FCC 2d 50 (1980); Memorandum Opinion and Order on Further Reconsideration, 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.wp
  • to make business plans based on an uncertain level of wholesale discount.987 As discussed above, BellSouth's SGAT legally commits it to provide CSAs at some state-determined wholesale discount, in conformance with section 251(c)(4) and the First BellSouth Louisiana Order. We Federal Communications Commission FCC 98-271 988 TRA Comments at 29. 989 47 U.S.C. � 271(c)(2)(B)(xiv). 990 See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, 104 FCC 2d 958 (1986). 991 Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, First
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Communications Act of 1934 (Act) as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). See also Universal Service Report to Congress, 13 FCC Rcd 11501, 11516 (reiterating Commission's conclusion that the definitions of telecommunications services and information services,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Act as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). Access Charge Reform, CC Docket No. 96-262, First Report and Order, 12 FCC Rcd 15982, 16131-32 n.498 (1997) (Access Charge Reform Order), aff'd sub nom. Southwestern Bell Tel.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • 153(43). 172 47 U.S.C. 53(46). 173 NPRM, 13 FCC Rcd at 20409-10, 36. 174 See, e.g. Bell Atlantic comments at 4; GTE comments at 4; ITI comments at 8; SBC comments at 3; Microsoft reply comments at 4. 175 See Non-Accounting Safeguards Order, 11 FCC Rcd at 21958. 176 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules arding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 C 2d 349 (1985) (NATA Centrex Order), recon., 3 FCC Rcd 4385 (1988). 177 NATA Centrex Order, 101 FCC 2d at 359-61. 178 See, e.g., Blackseth comments at 1; IDHS comments at 2; Kailes comments at 3;
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, ``as an indication that an architecture with highly efficient interconnection can be designed.'' Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. See State Attorneys General Apr. 27 Ex Parte Rosston and Mercurio
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • �� 69.401-414. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Tentative Decision, 28 FCC 2d 291 (1970); Final Decision and Order, 28 FCC 2d 267 (1971), aff'd sub. nom GTE Services Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973); decision on remand, 40 FCC 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384 (1980), recon. 84 FCC 2d 50 (1980), further recon. 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983); Policy and Rules Concerning Rates for Competitive Carrier Services and Facilities Authorizations Thereof, CC
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.txt
  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
• http://transition.fcc.gov/Bureaus/Common_Carrier/in-region_applications/bellsouth_sc/bs271sc.pdf
  • with concerns about Bell company cost misallocation. See, e.g., 47 U.S.C. � 254(k) (requiring Commission to implement regulations as necessary "to ensure that" BellSouth, September 30, 1997, South Carolina Report and Order, Inquiry into the Use of the Bands 825-845 MHZ and 870-890 for Cellular 55. Communications Sys., 86 FCC 2d 469, 494, � 50 (1981) (cellular); Amendment of Section 64.702 of the Commn's Rules and Regulations (Second Computer Inquiry); Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 453 � 177 (Bell System), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198, 211 (D.C. Cir. 1982). -88- revenues from regulated services are not used to subsidize competitively
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  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
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  • maximum separation requirement meant that common carriers could offer data processing services only through a separate corporate entity having separate accounting records, personnel, 138 See United States v. Western Electric Co., 13 Rad. Reg. (P&F) 2143, 1956 Trade Cas. (CCH) 71,134 (D. N.J. 1956) (the 1956 Decree). 139 See ESP Status of ISPs at p. 12. 140 Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Order), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA), cert. denied, 461 U.S. 9389 (1983); Amendment of Section 64.702
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  • III, determining that a series of non-accounting safeguards would serve the same non-discrimination policy without requiring physical separation of services. The Ninth Circuit Court of Appeals remanded the Computer III order to the Commission with instructions to further explain its decision to lift structural separation. See California v. FCC, 4 F.3d 1505 (1993). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). In 1996, Congress effectively replaced the FCC's basic and enhanced terminology with ``telecommunications'' and ``information'' service categories. The Commission has noted that ``telecommunications services'' and ``basic services'' appear to extend to the same services, as do ``information
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/209968-1.pdf
  • intended that "the two categories" of services "be separate and distinct, and that information service providers not be subject to telecommunications regulation." Report to Congress, Federal-State Joint Board on Universal Service, CC Dkt. No. 96-45, � 43 (Apr. 10, 1998) (emphasis added). As used in the 1996 Act, the two categories of services "are mutually 3Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 F.C.C.2d 384 (1980), recon., 84 F.C.C.2d 50 (1980), further recon., 88 F.C.C.2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983). SBC Communications Inc.: June 30, 1998 Page 4 exclusive." Id. �� 13, 39; id. �
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210020-1.pdf
  • 255. In the NPRM, the Commission acknowledges the ADA's limited definition for "readily achievable"22and proposes to use this approach in its application of Section 255.2' CEMA agrees generally with this definition, and with the factors the Commission proposes to use in assessing whether an accommodation is "readily achievable" under Section 255.24 CEMA 20 In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384,438 (1980). 21 Id. at 439. 22 The ADA defines "readily achievable" as "easily accomplishable and able to be carried out without much difficulty or expense."See Section 255(a)(2) of the Communications Act, 47 U.S.C. 9 255(a)(2). 23 NPRM at 194. 24 As noted above in Section III of
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210026-1.pdf
  • when the software has a telecommunication purpose, it should be covered, since the software serves to provide electronic operating instructions. IV.Nature of Statutory Requirements A. Definition of "Disability" TDI supports the FCC's proposal to follow without modification or enhancement the ADA definition of "disability," as set out below. 6 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 (1985) (&`A T.4 Centrex Order). recon., 3 FCC Red 4385 (1988). ' Access Board Order, 63 Fed. Reg. at 5612. 11 Section 255(a)(l) of the Act provides that "the term `disability' has the meaning
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210069-1.pdf
  • 142. (Footnote continued from prior page) availability of services to the disabled without discouraging the development of new and improved technology. sE?E?. p .w fm 4657 (1991). f 199.Q, 6 FCC Red ' Compare 47 U.S.C. � 153(43) (defining fftelecommuni- cations" as transmissionffwithout change in the form or content of the information as sent and received") with 47 C.F.R. � 64.702 (implementing CI-II orders by defining enhanced services as those "that act on the form, content, code,protocol or similar aspects of the subscriber's transmitted information"). ,. -. ,. 5 The Commission's tentative conclusion is clearly correct. The definitions of these key terms used in Section 255 were contemporaneously enacted, and as the EERH points out (1 35) there is no indication
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210090-1.pdf
  • might be considered "information services" when viewed in light of the way the service is offered today. E-mail provides an interesting example. In its Report to Congress on Universal Service, the FCC suggested that e-mail was an information service in part because it was not sold on a * See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 ( 1985) (NATA Centrex Order), recon., 3 FCC Red 4385 (1988). 9 In the Matter of Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended,
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210095-1.pdf
  • regulatory freedom that the Commission concluded in Compufer II was important to the health and competitive development of the enhanced-services industry" and that such a presumption would be "inconsistent with the deregulatory and procompetitive goals of the 1996 Act.""In addition, the Commission voiced concern that "uncertainty about whether [it] would forbear from applying specific --~-----~ -___-. 11 47 C.F.R. 9 64.702(a). 12 NPRM at 7 42. 13 Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, FCC 98-67 (rel. April 10, 1998) ("Report to Congress'?. 14 Report to Congress atlj39,47. 15 Id. at j'f 46, 47. 9 provisions could chill innovation."16Applying Section 255 to information services would fly in the face of these conclusions Moreover, there is
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210097-1.pdf
  • U.S.C. � 153(45) (emphasis added). 89 See NPRM at � 49 ("In short, to the extent end users must interact with equipment to use telecommunications services, Section 255 applies."). Indeed, the term CPE was created and has traditionally been used in the context of equipment used to facilitate common carrier services. See, e.g., In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C.2d 512 n.1 (1981)("For purposes of this docket, customer-premises equipment includes all equipment provided by common carriers in the fifty states, the District of Columbia, Puerto Rico and the Virgin Islands and located on customer premises except over voltage protection equipment, inside wiring,
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.pdf http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.txt
  • information services could seriously curtail the regulatory freedom that the Commission concluded in Computer II was important to the healthy and competitive development of the enhanced-services industry. Id. at 46. These findings remain true in the Section 255 context. Nevertheless, although information effectively available to the public, regardless of the facilities used. Id. at 153(46). 8 See Amendment of Section 64.702 of the Commission s Rules and Regulations (Computer II), Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979), 77 FCC 2d 384 (1980), on recon., 84 FCC 2d 50 (1980), on further recon., 88 FCC 2d 512 (1981), aff d sub. nom. Computer and Communications Industry Ass n v. FCC, 693 F.2d 198 (D.C. Cir.
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • if the Commission authorizes that Bell operating company or any Bell operating company affiliate to provide interLATA services under Section 271(d) . . . . [subject to requirements and exceptions].'') See 47 U.S.C. � 549 (governing commercial consumer availability of equipment used to access services provided by multichannel video programming distributors). That section states: ``Nothing in this section affects Section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premise equipment used in connection with basic common carrier communications services.'' 47 U.S.C. � 549(d)(2). S. Conf. Rep. No. 104-230, 104th Cong., 2d sess. at 91 (1996) (1996 Act Conference Report). 1996 Act Preamble. See Local Competition First Report and Order, 11
• http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
  • by the Commission with respect to commercial availability to consumers of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, before the date of enactment of the Telecommunications Act of 1996 shall fulfill the requirements of this section.(2) REGULATIONS.--Nothing in this section affects section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. (e) SUNSET.--The regulations adopted under this section shall cease to apply when the Commission determines that-- (1) the market for the multichannel video programming distributors is fully competitive; (2) the market
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The Bell Operating Companies may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a Bell Operating Company provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on
• http://transition.fcc.gov/Reports/tcom1996.pdf http://transition.fcc.gov/Reports/tcom1996.txt
  • Commission with respect to commercial availability to consumers of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, before the date of enactment of the Telecommunications Act of 1996 shall fulfill the requirements of this section. (2) REGULATIONS- Nothing in this section affects section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. (e) SUNSET- The regulations adopted under this section shall cease to apply when the Commission determines that-- (1) the market for the multichannel video programming distributors is fully competitive; (2) the
• http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt
  • Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. _____________________ ^1 See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html#N_1_
• http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
• http://transition.fcc.gov/cgb/policy/operatorservices.html
  • aggregator locations such as hotels, hospitals, and educational institutions. The Commission has adopted rules to ensure that customers are able to reach their preferred long distance carrier from public telephones and receive sufficient information about the rates they will pay for operator services at public phones and other aggregator locations, thereby fostering a more competitive OSP marketplace (see 47 C.F.R. 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [36]Word | [37]Acrobat 12/12/2001 Second Order on
• http://transition.fcc.gov/cgb/policy/operatorservicesSpanish.html
  • contacto con la operadora de larga distancia de su preferencia desde un telfono pblico y puedan recibir suficiente informacin acerca de las tarifas que pagarn por los servicios de operador desde un telfono pblico y desde otros sitios, promoviendo as un mercado de los OSP ms competitivo (ver el Cdigo de Regulaciones Federales (C.F.R., por sus siglas en ingls) 47 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [31]Word | [32]Acrobat 12/12/2001 Second Order on
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • (emphasis added); 47 C.F.R. 68.106(a) ("Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... ."); 47 C.F.R. S 64.702(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.") (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
• http://transition.fcc.gov/eb/Orders/2008/DA-08-819A1.html
  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program "Married By America" on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. S: 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) ("Amendment of Sections 64.702, etc. Order"). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
• http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
• http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
  • Service. Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. � 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. Federal Communications Commission FCC 98-116 A-4 � 76.1210 Effect on Other Rules. Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Federal Communications Commission FCC 98-116 B-1 APPENDIX B Note:If no abbreviation appears in parentheses following the full name, the full name is used in the Report and Order. LIST OF COMMENTERS 1. AD HOC
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.txt
  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
• http://www.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm
  • Exemption NPRM, p. 4305. 162. ^162 Amendments of Part 69 of the Commission's Rules Relating to Enhanced Service Providers, CC Docket No. 87-215, Order, 3 FCC Rcd 2631 (1988). 163. ^163 Because of the ESP exemption, ESPs purchase few interstate ONA services, preferring the lower priced intrastate services that they can purchase under exchange tariffs. 164. ^164 Amendments of Section 64.702 of the Commission's Rules relating to the Creation of Access Charge Subelements for Open Network Architecture, CC Docket No. 87-313, Report and Order, 6 FCC Rcd 4524, 4535, 60 (1991). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_1_ 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_2_ 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_3_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_4_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_5_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_6_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_7_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_8_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_9_ 10. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_10_ 11. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_11_ 12. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_12_ 13. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_13_ 14. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_14_ 15.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.wp
  • the Commission's rules, the term "enhanced services" refers 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." See 47 C.F.R. � 64.702(a). For a further discussion of the terms, enhanced services and basic services, see Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 96-149, 11 FCC Rcd 21905, � 102-107 (1996) (Non-Accounting Safeguards Order). 42 BOC Enhanced Services Market Trial
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98187.pdf
  • at 1998 WL 3496693. 89 Segment (a) of the business is the only one that resembles traditional common carrier activities. In general, common carrier obligations were adopted for persons performing functions that were essential to society, especially when such persons had little or no competition. See generally Munn v. Illinois, 94 U.S. 113 (1876). 90 See, e.g., 47 C.F.R. � 64.702. 91 47 U.S.C. � 157 note (italics added). 31 competitive as many markets that in this country are "regulated" only by the antitrust laws.88 A limited governmental role might be needed, for example, to foster network reliability, access, interconnection and standard-setting where that would promote efficiency and where private bodies would not be as efficient. We seek comment on these
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • 1191 Policy and Rules Concerning the Furnishing of Customer Premises Equipment, Enhanced Services and Cellular Communications Services by the Bell Operating Companies, Report and Order, 95 F.C.C. 2d 1117, 1135-36 (1983) (adopting safeguards to prevent BOCs from providing superior access, installation, and maintenance services to themselves than to competitive providers of CPE, enhanced services and cellular services); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry) , Report and Order, 104 F.C.C. 2d 958, 1026-27 (1986) (requiring BOCs to provide competing enhanced service providers with comparably efficient interconnection "to control potential discrimination" by BOCs in favor of their own offerings); id. at 1041 (time periods for installation, maintenance, and repair must be the same for competing carriers
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.wp
  • provided the services contemplated. 8 The term "enhanced services" refers 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. See Section 64.702 (a) of the Commission's Rules, 47 C.F.R. �64.702(a). For purposes of this proceeding, information and enhanced services are used interchangeably. 9 As discussed within, 911 has been designated as a national code for emergency services. 4 311 on a nationwide basis for this purpose.7 Wherever 311 is currently in use for other purposes, however, we would allow that use to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980971.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980971.wp
  • whom they also sold telephones, and then market only new CPE that is not part of a new bundled plan.13 Section 222(c)(1)(A) permits the use of CPNI, Federal Communications Commission DA 98-971 14 We note that this clarification does not alter the current Commission restrictions on carrier bundling of CPE or information services for wireline carriers. See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, 496 (1980) (Computer II Final Decision); Memorandum Opinion and Order on Reconsideration, 84 FCC 2d 50 (1980); Memorandum Opinion and Order on Further Reconsideration, 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.wp
  • The Commission, under the regime established in its Computer II proceeding, classified all services offered over a telecommunications network as either "basic" or "enhanced." A basic service consists of the offering, on a common carrier basis, of "pure transmission capability over a communications path that is virtually transparent in terms of its interaction with customer supplied information." Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384, 419-20, �� 93, 96 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Further Reconsideration Order), affirmed sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.wp
  • to make business plans based on an uncertain level of wholesale discount.987 As discussed above, BellSouth's SGAT legally commits it to provide CSAs at some state-determined wholesale discount, in conformance with section 251(c)(4) and the First BellSouth Louisiana Order. We Federal Communications Commission FCC 98-271 988 TRA Comments at 29. 989 47 U.S.C. � 271(c)(2)(B)(xiv). 990 See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, 104 FCC 2d 958 (1986). 991 Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, First
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Communications Act of 1934 (Act) as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). See also Universal Service Report to Congress, 13 FCC Rcd 11501, 11516 (reiterating Commission's conclusion that the definitions of telecommunications services and information services,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992479.doc
  • 61 (classifying nonlocal directory assistance service as an adjunct(c)to(c)basic service). As such, we agree with Ameritech that the adjunct(c)to(c)basic classification is not limited to services that are local in nature. Ameritech Initial Brief at 18. Adjunct(c)to(c)basic services have been defined as services that facilitate use �See In the Matter of North American Telecommunications Association Petition for Declaratory Ruling Under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises �that defendants' use of the 411 dialing code for the provision of its nonlocal directory assistance �We also find that defendants' provisioning of nonlocal directory assistance does not constitute an unjust or unreasonable practice in violation of section 201(b), so long as the defendants make available,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Act as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). Access Charge Reform, CC Docket No. 96-262, First Report and Order, 12 FCC Rcd 15982, 16131-32 n.498 (1997) (Access Charge Reform Order), aff'd sub nom. Southwestern Bell Tel.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • 153(43). 172 47 U.S.C. 53(46). 173 NPRM, 13 FCC Rcd at 20409-10, 36. 174 See, e.g. Bell Atlantic comments at 4; GTE comments at 4; ITI comments at 8; SBC comments at 3; Microsoft reply comments at 4. 175 See Non-Accounting Safeguards Order, 11 FCC Rcd at 21958. 176 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules arding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 C 2d 349 (1985) (NATA Centrex Order), recon., 3 FCC Rcd 4385 (1988). 177 NATA Centrex Order, 101 FCC 2d at 359-61. 178 See, e.g., Blackseth comments at 1; IDHS comments at 2; Kailes comments at 3;
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.txt
  • instances where they would not realize potentially sensitive, personal information had been accessed or used. As noted above, there is no evidence, currently, that customers expect to receive such services from their wireline provider, or that they expect to use such services in the Federal Communications Commission FCC 99-223 144 See Bell Atlantic Petition at 15-16, citing Amendment to Sections 64.702 of the Commission's Rules and Regulations, Policy and Rules Concerning Rates for Competitive Common Phase II Carrier Service and Facilities Authorizations Thereof, and Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, CC Docket 85-229, 2 FCC Rcd 3072, 3095, � 155 (1987) (Third Computer Inquiry); Memorandum Opinion and Order on Reconsideration, 3 FCC Rcd
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, ``as an indication that an architecture with highly efficient interconnection can be designed.'' Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. See State Attorneys General Apr. 27 Ex Parte Rosston and Mercurio
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99387.doc
  • Order, 14 14 FCC Rcd 4289 4289 (1999) (Computer III Remand Report and Order). In these CEI plans, which address nine separate parameters, the BOC must explain how it would offer to competitive information service providers, on a non-discriminatory basis, all the underlying basic services that the BOC uses to provide its own information service offering. See Amendment of Section 64.702 of the Commission Rules and Regulations, Report and Order, CC Docket No. 85-229, Phase I, 104 FCC 2d 958, 1035-1042, paras. 147-166 (1987). Computer III Report and Order, 14 FCC Rcd at 4297, � 12. CIX Petition at 3-8. Id. at 8-9. 47 U.S.C. � 251(c)(5). 47 C.F.R. � 51.325. Computer III Further Remand Proceedings: Bell Operating Company Provision of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.txt
  • Opinion and Order, 13 FCC Rcd at 24032, � 41. See also Cable and Wireless Reply Comments at 5. See e.g., CoreComm Comments at 8. In the Matter of International Business Machines Corp. Petition for Declaratory Ruling that Southern Bell Telephone and Telegraph Company Offer its Local Area Data Transport Service on an Unbundled and Detariffed Basis Pursuant to Section 64.702 of the Commission's Rules, FCC 86-122, ENF 83-34, Memorandum Opinion and Order on Reconsideration (1986); see also Advanced Services Order at � 47 (noting that the interconnection obligations set forth in section 251 apply equally to voice and data services). Some commenters point out that at least four state commissions have concluded that certain packet-switched services, such as frame-relay service,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000347.doc
  • Second Report and Order, 14 FCC Rcd 2545 (1999), appeal pending sub nom. American Public Communications Council v. FCC, Case No. 99-1114 (D. C. Cir. filed Mar. 22, 1999). Payphone Reconsideration Order, 11 FCC Rcd at 21307-09. Payphone Clarification Order, 13 FCC Rcd at 1780 � 2, citing Payphone Reconsideration Order, 11 FCC Rcd at 21308. See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986). The new services test is a cost-based test that establishes the direct cost of providing the new service as a price floor. LECs then add a reasonable amount of overhead to derive the overall price of the new service.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • �� 69.401-414. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Tentative Decision, 28 FCC 2d 291 (1970); Final Decision and Order, 28 FCC 2d 267 (1971), aff'd sub. nom GTE Services Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973); decision on remand, 40 FCC 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384 (1980), recon. 84 FCC 2d 50 (1980), further recon. 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983); Policy and Rules Concerning Rates for Competitive Carrier Services and Facilities Authorizations Thereof, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.txt
  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980056.html
  • ex parte presentations or summaries of oral ex parte presentations in these proceedings in the manner specified above. We also require all written ex parte presentations or summaries of oral ex parte presentations in this proceeding to be served on all parties to the proceeding. - FCC - $// PN, Bell Atlantic's CEI Plan DA 97-0000 //$ $/ 47 CFR 64.702 /$
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-97.pdf
  • name to AirTouch Cellular - San Diego. 44.Call America Business Communications changed its name to GST Call America, Inc. ("GST CA"). 45.DeltaCom, Inc. changed its name to ITC^DelltaCom Communications, Inc. 46.Eclipse Telecommunications, Inc. was formerly known as Network Long Distance, Inc. 47.Frontier Advanced Service Technologies Inc., formerly Link USA, Inc., provides international enhanced services. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. 48.GTE Communications Corporation consists of GTE Long Distance and prepaid card services. GTE Wireless Incorporated was formerly GTE Mobilnet and GTE Contel Cellular. Interstate FiberNet, Inc. was formerly Eastern Telecom, Inc. 49.IXC Long Distance, Inc. changed its name to IXC Communication Services, Inc. in June, 1998. 50.RCN Telecom
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f02.pdf
  • it provides only enhanced services, and, therefore, does not meet the requirement to file pursuant to section 43.61 of the Commission's rules. 15/ Intetech, L.C., after October 1, 2001, sold its assets to Campus Communications Group, Inc. 16/ KPU Telecommunications, City of Ketchikan d/b/a Ketchikan Public Utilities, defined its international data services within the definition of enhanced services under section 64.702 , and, therefore, exempt from filing section 43.61. 17/ Lemonweir Valley Telephone Company's subsidiary, LVT Corporation, for calendar year 2002, determined that it did not offer international services. 18/ Local Communications Network, Inc. has determined itself to be a private carrier, and no longer subject to section 43.61 of the Commission's rules. 19/ Melbourne International Communications, Limited filed for liquidation
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/filingmanual.doc http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/filingmanual.pdf
  • visual or other electromagnetic systems and can entail the carriage of traffic or the provision of dedicated communications channels. A service channel or circuit is a path for electronic transmission of information between two or more points. All common carriers must file international traffic data, regardless of whether service is offered pursuant to tariff. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. Enhanced services incorporate code and protocol conversion, information provision or information processing as a fundamental part of the service purchased by the customer. Simple packet switching, for example, is not considered to be an enhanced service despite the fact that the network temporarily stores packets. A packet switching
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/03socc.pdf
  • enhanced services and, therefore, does not meet the requirement to file pursuant to section 43.61 of the Commission's rules. 15/ Intetech, L.C., after October 1, 2001, sold its assets to Campus Communications Group, Inc. 16/ KPU Telecommunications, City of Ketchikan d/b/a Ketchikan Public Utilities, has determined its international data services to be within the definition of enhanced services under section 64.702 and, therefore, is exempt from filing section 43.61 data. 17/ Lemonweir Valley Telephone Company's subsidiary, LVT Corporation, for calendar year 2002, determined that it did not offer international services. 18/ Local Communications Network, Inc., has determined itself to be a private carrier, and no longer subject to section 43.61 of the Commission's rules. 19/ Melbourne International Communications, Limited filed for
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/97socc.pdf
  • name to AirTouch Cellular - San Diego. 27.Call America Business Communications changed its name to GST Call America, Inc. ("GST CA"). 28.DeltaCom, Inc. changed its name to ITC^DelltaCom Communications, Inc. 29.Eclipse Telecommunications, Inc. was formerly known as Network Long Distance, Inc. 30.Frontier Advanced Service Technologies Inc., formerly Link USA, Inc., provides international enhanced services. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. 31.GTE Communications Corporation consists of GTE Long Distance and prepaid card services. GTE Wireless Incorporated was formerly GTE Mobilnet and GTE Contel Cellular. Interstate FiberNet, Inc. was formerly Eastern Telecom, Inc. 32.IXC Long Distance, Inc. changed its name to IXC Communication Services, Inc. in June, 1998. 33.RCN Telecom
• http://www.fcc.gov/Bureaus/Common_Carrier/in-region_applications/bellsouth_sc/bs271sc.pdf
  • with concerns about Bell company cost misallocation. See, e.g., 47 U.S.C. � 254(k) (requiring Commission to implement regulations as necessary "to ensure that" BellSouth, September 30, 1997, South Carolina Report and Order, Inquiry into the Use of the Bands 825-845 MHZ and 870-890 for Cellular 55. Communications Sys., 86 FCC 2d 469, 494, � 50 (1981) (cellular); Amendment of Section 64.702 of the Commn's Rules and Regulations (Second Computer Inquiry); Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 453 � 177 (Bell System), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198, 211 (D.C. Cir. 1982). -88- revenues from regulated services are not used to subsidize competitively
• http://www.fcc.gov/Bureaus/International/Orders/2000/fcc00339.doc
  • aircraft companies. Communications relate to safe, efficient, and economical operation of aircraft. Typical messages concern aircraft performance, fuel, weather, position reports, and essential services and supplies. Public correspondence (e.g., private or personal messages of passengers or crew) is not permitted. Id. at 23,942, para. 117. Id. Id. Id. at 23,942, para. 118. ARINC Petition; ARINC Reply. See 47 C.F.R. � 64.702(a) (defining enhanced services). ARINC Petition at 3-6. The Telecommunications Act of 1996 uses the terms ``telecommunications services'' and ``information services,'' rather than the terms ``basic services'' and ``enhanced services.'' In the Universal Service Report to Congress, the Commission concluded that the definitions of ``telecommunications services'' and ``information services,'' added to the Act by the Telecommunications Act of 1996, "essentially correspond
• http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.doc http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.txt
  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
• http://www.fcc.gov/Bureaus/OPP/working_papers/29nofigs.pdf
  • are now more than 10,000 Usenet newsgroups in operation. See Computer II Final Order, 77 FCC2d 384 (1980). For a discussion of the history of the basic/enhanced 61 distinction and its applicability to Internet access, see Robert Cannon, "What is the 'Enhanced Service Provider' Status of Internet Service Providers?" FCBA News , February 1997. "Enhanced services" are defined in section 64.702(a) of the FCC's rules. See 47 C.F.R. 64.702(a) 62 31 fit within the statutory definition. If some Internet services fall within the definition of "telecommunications," however, who are the "carriers" that should be subject to regulation? 59 Would it be possible to regulate some services and not others, such as Usenet newsgroups,60 which do not seem to satisfy the three-pronged
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.txt http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.wp
  • are now more than 10,000 Usenet newsgroups in operation. See Computer II Final Order, 77 FCC2d 384 (1980). For a discussion of the history of the basic/enhanced 61 distinction and its applicability to Internet access, see Robert Cannon, "What is the 'Enhanced Service Provider' Status of Internet Service Providers?" FCBA News , February 1997. "Enhanced services" are defined in section 64.702(a) of the FCC's rules. See 47 C.F.R. 64.702(a) 62 31 fit within the statutory definition. If some Internet services fall within the definition of "telecommunications," however, who are the "carriers" that should be subject to regulation? 59 Would it be possible to regulate some services and not others, such as Usenet newsgroups,60 which do not seem to satisfy the three-pronged
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.txt http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.wp
  • maximum separation requirement meant that common carriers could offer data processing services only through a separate corporate entity having separate accounting records, personnel, 138 See United States v. Western Electric Co., 13 Rad. Reg. (P&F) 2143, 1956 Trade Cas. (CCH) 71,134 (D. N.J. 1956) (the 1956 Decree). 139 See ESP Status of ISPs at p. 12. 140 Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Order), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA), cert. denied, 461 U.S. 9389 (1983); Amendment of Section 64.702
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.doc http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.txt
  • III, determining that a series of non-accounting safeguards would serve the same non-discrimination policy without requiring physical separation of services. The Ninth Circuit Court of Appeals remanded the Computer III order to the Commission with instructions to further explain its decision to lift structural separation. See California v. FCC, 4 F.3d 1505 (1993). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). In 1996, Congress effectively replaced the FCC's basic and enhanced terminology with ``telecommunications'' and ``information'' service categories. The Commission has noted that ``telecommunications services'' and ``basic services'' appear to extend to the same services, as do ``information
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.doc http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.txt
  • definitions correspond to the categories of basic and enhanced services, respectively. For a general discussion, see In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501 (1998). Basic services are defined as a common carrier offering of a pure ``transmission capacity for the movement of information.'' Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). The analysis contained in this paper is based solely on publicly available information. As in most markets, information about Internet backbone prices and costs is proprietary. In addition, information about the nature of relationships between Internet backbone
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/209968-1.pdf
  • intended that "the two categories" of services "be separate and distinct, and that information service providers not be subject to telecommunications regulation." Report to Congress, Federal-State Joint Board on Universal Service, CC Dkt. No. 96-45, � 43 (Apr. 10, 1998) (emphasis added). As used in the 1996 Act, the two categories of services "are mutually 3Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 F.C.C.2d 384 (1980), recon., 84 F.C.C.2d 50 (1980), further recon., 88 F.C.C.2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983). SBC Communications Inc.: June 30, 1998 Page 4 exclusive." Id. �� 13, 39; id. �
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210020-1.pdf
  • 255. In the NPRM, the Commission acknowledges the ADA's limited definition for "readily achievable"22and proposes to use this approach in its application of Section 255.2' CEMA agrees generally with this definition, and with the factors the Commission proposes to use in assessing whether an accommodation is "readily achievable" under Section 255.24 CEMA 20 In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384,438 (1980). 21 Id. at 439. 22 The ADA defines "readily achievable" as "easily accomplishable and able to be carried out without much difficulty or expense."See Section 255(a)(2) of the Communications Act, 47 U.S.C. 9 255(a)(2). 23 NPRM at 194. 24 As noted above in Section III of
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210026-1.pdf
  • when the software has a telecommunication purpose, it should be covered, since the software serves to provide electronic operating instructions. IV.Nature of Statutory Requirements A. Definition of "Disability" TDI supports the FCC's proposal to follow without modification or enhancement the ADA definition of "disability," as set out below. 6 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 (1985) (&`A T.4 Centrex Order). recon., 3 FCC Red 4385 (1988). ' Access Board Order, 63 Fed. Reg. at 5612. 11 Section 255(a)(l) of the Act provides that "the term `disability' has the meaning
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210069-1.pdf
  • 142. (Footnote continued from prior page) availability of services to the disabled without discouraging the development of new and improved technology. sE?E?. p .w fm 4657 (1991). f 199.Q, 6 FCC Red ' Compare 47 U.S.C. � 153(43) (defining fftelecommuni- cations" as transmissionffwithout change in the form or content of the information as sent and received") with 47 C.F.R. � 64.702 (implementing CI-II orders by defining enhanced services as those "that act on the form, content, code,protocol or similar aspects of the subscriber's transmitted information"). ,. -. ,. 5 The Commission's tentative conclusion is clearly correct. The definitions of these key terms used in Section 255 were contemporaneously enacted, and as the EERH points out (1 35) there is no indication
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210090-1.pdf
  • might be considered "information services" when viewed in light of the way the service is offered today. E-mail provides an interesting example. In its Report to Congress on Universal Service, the FCC suggested that e-mail was an information service in part because it was not sold on a * See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 ( 1985) (NATA Centrex Order), recon., 3 FCC Red 4385 (1988). 9 In the Matter of Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended,
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210095-1.pdf
  • regulatory freedom that the Commission concluded in Compufer II was important to the health and competitive development of the enhanced-services industry" and that such a presumption would be "inconsistent with the deregulatory and procompetitive goals of the 1996 Act.""In addition, the Commission voiced concern that "uncertainty about whether [it] would forbear from applying specific --~-----~ -___-. 11 47 C.F.R. 9 64.702(a). 12 NPRM at 7 42. 13 Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, FCC 98-67 (rel. April 10, 1998) ("Report to Congress'?. 14 Report to Congress atlj39,47. 15 Id. at j'f 46, 47. 9 provisions could chill innovation."16Applying Section 255 to information services would fly in the face of these conclusions Moreover, there is
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210097-1.pdf
  • U.S.C. � 153(45) (emphasis added). 89 See NPRM at � 49 ("In short, to the extent end users must interact with equipment to use telecommunications services, Section 255 applies."). Indeed, the term CPE was created and has traditionally been used in the context of equipment used to facilitate common carrier services. See, e.g., In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C.2d 512 n.1 (1981)("For purposes of this docket, customer-premises equipment includes all equipment provided by common carriers in the fifty states, the District of Columbia, Puerto Rico and the Virgin Islands and located on customer premises except over voltage protection equipment, inside wiring,
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.pdf http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.txt
  • information services could seriously curtail the regulatory freedom that the Commission concluded in Computer II was important to the healthy and competitive development of the enhanced-services industry. Id. at 46. These findings remain true in the Section 255 context. Nevertheless, although information effectively available to the public, regardless of the facilities used. Id. at 153(46). 8 See Amendment of Section 64.702 of the Commission s Rules and Regulations (Computer II), Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979), 77 FCC 2d 384 (1980), on recon., 84 FCC 2d 50 (1980), on further recon., 88 FCC 2d 512 (1981), aff d sub. nom. Computer and Communications Industry Ass n v. FCC, 693 F.2d 198 (D.C. Cir.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98134.pdf
  • 201 and 202 make it difficult for competitive providers to negotiate freely and to tailor terms and conditions of service to the specific needs of particular customers). 79 See BANM comments at 19 (citing Private Line Rate Structure and Volume Discount Practices, Report and Order, 97 FCC 2d 923, 947-49, �� 38-42 (1984)); see also Petitions for Waiver of Section 64.702 of the Commission's Rules, Memorandum Opinion and Order, 100 FCC 2d 1057, 1106 n.87 (1985) ("Indeed, there is an evolving policy . . . that flexibility in the pricing of private line services such as nondiscriminatory bulk discount offerings is desirable . . ."). 80 See PCIA Petition at 24-26. 81 See Implementation of Sections 3(n) and 332 of the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • if the Commission authorizes that Bell operating company or any Bell operating company affiliate to provide interLATA services under Section 271(d) . . . . [subject to requirements and exceptions].'') See 47 U.S.C. � 549 (governing commercial consumer availability of equipment used to access services provided by multichannel video programming distributors). That section states: ``Nothing in this section affects Section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premise equipment used in connection with basic common carrier communications services.'' 47 U.S.C. � 549(d)(2). S. Conf. Rep. No. 104-230, 104th Cong., 2d sess. at 91 (1996) (1996 Act Conference Report). 1996 Act Preamble. See Local Competition First Report and Order, 11
• http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt
  • Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. _____________________ ^1 See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html#N_1_
• http://www.fcc.gov/Speeches/Powell/Statements/2001/stmkp104.doc
  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
• http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
• http://www.fcc.gov/cgb/policy/operatorservices.html
  • aggregator locations such as hotels, hospitals, and educational institutions. The Commission has adopted rules to ensure that customers are able to reach their preferred long distance carrier from public telephones and receive sufficient information about the rates they will pay for operator services at public phones and other aggregator locations, thereby fostering a more competitive OSP marketplace (see 47 C.F.R. 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [36]Word | [37]Acrobat 12/12/2001 Second Order on
• http://www.fcc.gov/cgb/policy/operatorservicesSpanish.html
  • contacto con la operadora de larga distancia de su preferencia desde un telfono pblico y puedan recibir suficiente informacin acerca de las tarifas que pagarn por los servicios de operador desde un telfono pblico y desde otros sitios, promoviendo as un mercado de los OSP ms competitivo (ver el Cdigo de Regulaciones Federales (C.F.R., por sus siglas en ingls) 47 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [31]Word | [32]Acrobat 12/12/2001 Second Order on
• http://www.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • (emphasis added); 47 C.F.R. 68.106(a) ("Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... ."); 47 C.F.R. S 64.702(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.") (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
• http://www.fcc.gov/eb/Orders/2008/DA-08-819A1.html
  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program "Married By America" on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. S: 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) ("Amendment of Sections 64.702, etc. Order"). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
• http://www.fcc.gov/mb/engineering/76print.html
  • of service.
    

    Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service.

    
    [TOP]
    76.1210 Effect on other rules.
    

    Nothing in this subpart affects 64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services.

    Subpart Q -- Regulation of Carriage Agreements

    
    

    Source: 58 FR 60395, Nov. 16, 1993, unless otherwise noted.

    
    [TOP]
    76.1300 Definitions.
    

    As used in this subpart:

• http://www.fcc.gov/mb/engineering/part76.pdf
  • determination. � 76.1209 Theft of service. top Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. � 76.1210 Effect on other rules. top Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission Page 193of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Subpart Q-Regulation of Carriage Agreements top Source: 58 FR 60395, Nov. 16, 1993, unless otherwise noted. � 76.1300 Definitions. top As used in this
• http://www.fcc.gov/ogc/documents/filings/2004/BrandX.pet.app.final.pdf
  • less stringent regulation. This distinction tracked a series of prior admini- strative decisions by the FCC. Beginning in 1980, the FCC distinguished "basic" telecommunications services from "enhanced" information services in the belief that ensuring access to the former would encourage com- petition in the latter and provide consumers with a wider variety of information services. In the Matter of Section 64.702 of the Comm'n's Rules & Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 417, 0080 WL 233301 (1980). The 1996 law raised the question of whether the new broadband internet technologies 7a qualified as telecommunications services, information services, or a combination of the two. The FCC did not initially take a position on the regu- latory classification of cable modem service.
• http://www.fcc.gov/ogc/documents/opinions/2000/99-1094.doc http://www.fcc.gov/ogc/documents/opinions/2000/99-1094.html
  • Cir. 1995).}{\cs19\fs24\super\insrsid214472 \chftn {\footnote \pard\plain \ql \li0\ri0\sa240\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\cs19\fs24\super\insrsid214472 \chftn }{\fs24\insrsid214472 The regulatory definition states that ESPs offer "services ... which employ computer processing applications that act on the format, content, code, protocol or similar aspects of the subs criber's transmitted information; provide the subscriber additional, different, or restructured information; or involve subscriber interaction with stored information." 47 CFR \'a7 64.702(a).}}}{\fs24\insrsid214472 In its establishment of the access charge system for long\_distance calls, the Commission in 1983 exempted ESPs from the access charge system, thus in effect treating them like end users rather than long\_distance carriers. See }{\i\fs24\insrsid214472 In the Matter of MTS & WATS Market Structure}{\fs24\insrsid214472 , 97 F.C.C.2d 682, 711-15 (\'b6 77-83) (1983). It reaffirmed this decision in 1991, explaining
• http://www.fcc.gov/ogc/documents/opinions/2003/02-1055.pdf
  • pricing pari- ty. The BOCs argue that the Commission itself took this position in Computer III when it declined to mandate any particular pricing standard for enhanced services, choosing instead to require BOCs to allow competitors to use basic network services on the same terms as the BOCs themselves used those services. See In the Matters of Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958, 1052 � � 183�184 (1986) (Report and Order). But the Commission has revised this position. Indeed, the new services test was an outgrowth of the Commission's recognition that pricing parity alone would still permit BOCs to discriminate by ``set[ting] relative- ly low rates for the [basic service elements]
• http://www.fcc.gov/ogc/documents/opinions/2003/02-70518.pdf
  • stringent regulation. This distinction tracked a series of prior administrative decisions by the FCC. Beginning in 1980, the FCC distin- guished "basic" telecommunications services from "en- hanced" information services in the belief that ensuring access to the former would encourage competition in the latter and provide consumers with a wider variety of information ser- vices. In the Matter of Section 64.702 of the Comm'n's Rules & Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 417 (1980). The 1996 law raised the question of whether the new broadband internet technologies qualified as telecommu- nications services, information services, or a combination of the two. The FCC did not initially take a position on the regulatory classification of cable modem service. A number of federal
• http://www.fcc.gov/ogc/documents/opinions/2005/04-277-062705.pdf
  • jurisdiction to regulate interstate and foreign communications, see ��151�161. These two statutory classifications originated in the late 1970�s, as the Commission developed rules to regulate data-processing services offered over telephone wires. That regime, the �Computer II� rules, distinguished be- tween �basic� service (like telephone service) and �en- hanced� service (computer-processing service offered over telephone lines). In re Amendment of Section 64.702 of the Commission�s Rules and Regulations (Second Computer Inquiry), 77 F. C. C. 2d 384, 417�423, 86�101 (1980) (hereinafter Computer II Order). The Computer II rules defined both basic and enhanced services by reference to how the consumer perceives the service being offered. In particular, the Commission defined �basic service� as �a pure transmission capability over a communications path that
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.pdf
  • (emphasis added); 47 C.F.R. 68.106(a) (``Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... .''); 47 C.F.R. � 64.702(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.'') (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-819A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-819A1.pdf
  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program ``Married By America'' on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. � 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) (``Amendment of Sections 64.702, etc. Order''). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
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  • 2. Id. at 2. Id. at 3. Id. at 2. United Talmudical Academy Order, para. 19. Id. (emphasis added). >. Id. at para. 18. Id. > (describing features of provider's Centrex service, promising ``the latest features and functionality and . . . the newest system innovations as they become available.''). North American Telecommunications Association Petition for Declaratory Ruling Under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, 3 FCC Rcd 4385, para. 1 (1988). See, supra, n.8. Such a finding under the schools and libraries support mechanism has no precedential significance in other proceedings or contexts before the Commission. 01-2457 01-2457 � � � - �
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  • 271-272 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154, 160, 201-205, 271-272, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, and 1.3, that SBC's request for forbearance of CEI and other Communications Act requirements IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Dorothy Attwood Chief Common Carrier Bureau See 47 C.F.R. � 64.702(a). Ameritech Petition for Waiver of Computer III Rules for Reverse Search Capability, Order, 13 FCC Rcd 8762, 8767-68, �� 10-12 (Com. Car. Bur. 1997) (Ameritech CEI Waiver); US West Communications, Inc. Petition for Computer III Waiver, Memorandum Opinion and Order on Reconsideration, 11 FCC Rcd 7997, 8007-08, �� 24-25 (Com. Car. Bur. 1996) (BellSouth and SWBT CEI Waiver); U S
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-605A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-605A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-605A1.txt
  • an attestation engagement the auditor expresses an opinion on whether management's assertions are fairly stated in all material respects. The remaining portion of the AFR focuses on this new 30-day pre-approval requirement. Because the other requirements are non-applicable or redundant, BellSouth asks that the Commission completely vacate RAO 31's application to financial audits. In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980) (``Computer II''). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986) (``Computer III''). In the Matter of Separation of costs of
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  • To Provide Nonregulated Activities and To Provide for Transactions Between Telephone Companies and Their Affiliates, Report and Order, 2 FCC Rcd 1298 (1987) (Joint Cost Order), modified on recon., 2 FCC Rcd 6283 (1987), modified on further recon., 3 FCC Rcd 6701 (1988), aff'd sub nom. Southwestern Bell Corp. v. FCC, 896 F.2d 1378 (D.C. Cir. 1990). Amendment of Section 64.702 of the Commission's Rules and Regulations, Final Decision, 77 FCC 2d 384 (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (referred to collectively as Computer II). Computer II Final Decision, 77
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  • May 13, 2003) (BellSouth Application for Section 214 Discontinuance). See Comments Invited on BellSouth Telecommunications, Inc. Application to Discontinue Domestic Telecommunications Services, Comp. Pol. File No. 650, Public Notice, DA 03-1874 (rel. May 30, 2003). We received no comments, and BellSouth's section 63.71 application was granted, by automatic operation of the Commission's rules, on July 29, 2003. Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • 214, 218, and 47 C.F.R. �� 0.91 0.291, 1.3, 63.71, BellSouth's Open Network Architecture Plan amendment IS GRANTED in part. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau Filing and Review of Open Network Architecture Plans, BellSouth Open Network Architecture Plan Amendment, CC Docket No. 88-2 (filed Oct. 31, 2002) (BellSouth's ONA Plan Amendment). Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • 0.91 0.291, 1.3, 63.71, Qwest's petition for permission to withdraw ONA services Dataphone Select-a-Station, DDS2-Wire, and ScanAlert, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau Qwest Corporation Petition for Permission to Withdraw ONA Services, WC Docket No. 02-255 (filed Oct. 15, 2002) (Qwest ONA Petition). Qwest ONA Petition at 2, 3, 5-6. Amendment of Sections 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (Phase I Order), recon., 2 FCC Rcd 3035 (1997) (Phase I Recon. Order), further recon., 3 FCC Rcd 1135 (1988) (Phase I Further Recon. Order), second further recon., 4 FCC Rcd 5927 (1989) (Phase I Second Further Recon.), Phase I Order and
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • date on which the petition seeking forbearance filed by Verizon shall be deemed granted, in the absence of a Commission denial of the petition for failure to meet the statutory standards for forbearance, is extended to March 19, 2006. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau 47 U.S.C. � 160(c). 47 U.S.C. � 160(a). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert. denied,
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  • 2; Qwest Petition at 3. Implementation of the Telecommunications Act of 1996: Accounting Safeguards Under the Telecommunications Act of 1996, 11 FCC Rcd 17539 (1996); see also Verizon Petition at 2; Qwest Petition at 3. 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), and 63.71(c) (second half of section); see also Verizon Petition at 2-3; Qwest Petition at 3. Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order, 104 FCC 2d 958, 1026-27, paras. 127-31 (1986); Application of Open Network Architecture and Nondiscrimination Safeguards to GTE Corporation, Report and Order, 9 FCC Rcd 4922 (1994); see also Verizon Petition at 2; Qwest Petition at 3. Verizon Petition at 3; Qwest Petition at 3. The requested relief
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  • Disaster Planning and Response, WC Docket 06-63 (Apr. 4, 2006). 47 C.F.R. �� 61.28, 61.32, 61.33, 61.38, 61.41-61.49, 61.58 and 61.59. Implementation of the Telecommunications Act of 1996: Accounting Safeguards Under the Telecommunications Act of 1996, 11 FCC Rcd 17539 (1996). 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), and 63.71(c) (second half of section). 47 C.F.R. � 64.1903(a). Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order 104 FCC 2d 958, paras. 127-31 (1986); Application of Open Network Architecture and Nondiscrimination Safeguards to GTE Corporation, Report and Order, 9 FCC Rcd 4922 (1994). Verizon also asks that the Commission, on its own motion, grant this relief to all other incumbent local telephone companies, without requiring
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  • (emphasis added); 47 C.F.R. 68.106(a) (``Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... .''); 47 C.F.R. � 64.702(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.'') (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
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  • provided through Verizon's Bell Operating Company (BOC) affiliates or through other Verizon affiliates that are not compliant with section 272 or the Commission's rules implementing that section. See 47 U.S.C. � 272. Verizon Petition at 1. Id. at 2; 47 U.S.C. � 203. Verizon Petition at 2; 47 C.F.R. � 61.31 et. seq. Verizon Petition at 3; Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 4 (1986). Verizon Petition at 3; e.g., 47 C.F.R. �� 63.12(b)(2), 63.19(b), 63.21(c), 63.71(c). Verizon Petition at 3; 47 C.F.R. �� 64.1901 - 64.1903. Verizon Petition at 2. 47 U.S.C. � 160(c). See, e.g., Petition of Ameritech Corporation for Forbearance from
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • (1987)). TCT is a rural, rate-of-return regulated telephone company operated from Basin, Wyoming. Id. at 3. Id. at 1 (citing Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities et al., CC Docket No. 02-33 et al., Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 14853 (2005) (Wireline Broadband Order)). Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, para. 231 (1980) (Computer II Final Decision)). Id. at 6. See 47 C.F.R. �� 1.1200, 1.1206. See 47 C.F.R. � 1.1206(b). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202
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  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program ``Married By America'' on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. � 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) (``Amendment of Sections 64.702, etc. Order''). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
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  • utilizing, or making available information via telecommunications''). Prior to the Telecommunications Act of 1996, the Commission used the term ``basic service'' instead of ``telecommunications service'' and ``enhanced service'' instead of ``information service.'' See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501, 11541, para. 81 (1998) (Report to Congress); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982). (last visited Apr. 30, 2010) (2010 FCC Form 499-A Instructions). Federal-State Joint Board on Universal Service; Request
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  • Rcd 2200, 2205-6, � 13 (2010). Waiver Request at 2. Id. at 3. Id. at 5 (citing Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems, 15 FCC Rcd 17442, 17453-4, n.62 (2000); Access to Telecommunications Equipment and Services by the Hearing Impaired and other Disabled Persons, 4 FCC Rcd 4596 (1989); Amendment of Section 64.702 of the Commission's Rules and Regulations, 88 FCC 2d 512, 525-526, � 40 (1981)). See also Id. at 3 (quoting Commercial Availability of Navigation Devices, 14 FCC Rcd 7596, 7612, � 35 (1999)). 47 C.F.R. �� 1.1200 et seq. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY:
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  • 2008) (requesting relief from the Equal Access scripting requirement specifically); Cincinnati Bell Petition, WC Docket No. 09-206 (filed Sept. 11, 2009) (same). See Pleading Cycle Established for Comments on Petitions for Rulemaking and Clarification Regarding the Commission's Rules Applicable to Retirement of Copper Loops and Copper Subloops, Public Notice, 22 FCC Rcd 1056 (rel. Jan. 30, 2007). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), Report and Order, Phase I, 104 FCC 2d 958 (1986) (subsequent citations omitted). See Review of Wireline Competition Bureau Data Practices; Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services; 1998 Biennial Regulatory Review - Review of Computer III and ONA Safeguards and Requirements, WC Docket No. 10-132 and
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  • that the Commission forbear from enforcing certain ``legacy telecommunications regulations.'' The USTelecom Petition seeks forbearance from a variety of statutory provisions and regulations that USTelecom characterizes as falling into one of the following seventeen (17) categories: Category 1: Equal Access Scripting Requirement Category 2: Open Network Architecture and Comparably Efficient Interconnection Requirements, Enhanced Services Structural Separation Rule (47 C.F.R. � 64.702), and All-Carrier Computer Inquiry Rules Category 3: Cost Assignment Rules Category 4: Part 32 Uniform System of Accounts (47 U.S.C. � 220(a)(2), 47 C.F.R. �� 32.1-2.9000) Category 5: Property Record Rules (47 C.F.R. �� 32.2000(e), (f)) Category 6: Part 42 Recordkeeping Requirements (47 C.F.R. �� 42.4, 42.5, 42.7, 42.10(a)) Category 7: ARMIS Report 43-01 Category 8: Annual Revenue and Total
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  • as listed in their applications. 1 The applicants are Miriris Services, lac. (Miriris), U.S. Dialtone Corporation (USDC), G.A. Briel, Inc. (G.A. Briel), and Aramtel, Inc. (Aramtel). 2 USDC also states that it will offer an enhanced service using the resold services. Pursuant to Computer II, USDC need not seek authority to provide such enhanced services. See Amend ment of Section 64.702 of the Commission's Rules and Regula tions, Final Decision, 77 FCC 2d 384 (1980) (Computer II). Therefore, the authority granted herein applies only to basic switched services. 3 Call-back service allows foreign customers to use a foreign facility to dial a telephone number in the United States and receive a dial tone from a switch at the reseller's U.S. location,
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  • Full structural separation was set forth in Computer II. Under Computer II. AT&T was required to provide customer premise equipment (CPE) and enhanced services through fully separate corporate entities with separate books, officers and employees, operating facilities, computer facilities, and physical location, as well as separate operating, marketing, installation and maintenance personnel. Joint marketing was also prohibited. Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980), recon., 84 FCC 2d 50 (1980), further recon.. 88 20375 47. Pacwest is concerned that the separate accounts which GTE Hawaii has established for its international and local exchange divisions may not prevent cross- subsidization if GTE Hawaii's IMTS is removed from price caps.105 GTE Hawaii explains
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  • the Commission reaffirmed in the Foreign Carrier Entry Order, we limit our market power inquiry to those foreign entities that provide services and facilities in the destination market that are of the type the Commission regulates in the United States as common carriage. The services provided by ITJ-IT via resold IPLs appear to be enhanced within the meaning of Section 64.702(a) of the Commission's rules, and its operations as a value-added service provider are therefore irrelevant for purposes of assessing ITJ-Japan's market power. See Foreign Carrier Entry Order at 1 99; see also Regulation of International Common Carrier Services, 7 FCC Red 7331 at 1 24 (1992), erratum, 8 FCC Red 452 (1993) (International Services). 22266 7. Our market power analysis
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  • in several telecommunications companies in Japan. C&W has a two to eight percent interest in 18 cellular carriers in Japan; a 17.6 percent interest in IDC, a Japanese facilities-based carrier; and an 87.8 percent interest in C&W Japan Communications Service Limited (Japan CSL).29 CWI states that most of .the services Japan CSL provides would be considered "enhanced services" under Section 64.702(a) of the Commission's rules.30 Japan CSL also provides international private line service on a resale basis but does not own or control any facilities. According to CWI, Japan CSL controls less than five percent of the Japanese international private line (IPL) market. 11. AT&T opposed CWI's request for reclassification as a non-dominant private line carrier on the U.S.-Japan route. It
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  • FCC Red at 15667-68. 496 47 U.S.C. � 251(c)(4)(A). 497 11 FCC Red at 15982-83. 498 The term "enhanced services," which includes access to the Internet and other interactive computer networks, as well as telemessaging, alarm monitoring, and other services, appears to be quite similar to the term "information services" in the 1996 Act. "Enhanced services" are defined in � 64.702(a) of our rules: "For the purposes of this subpart, the term shall refer to services, offered over common carrier transmission facilities used in interstate communications, which employ computer processing applications that act 16131 Federal Communications Commission FCC 97-158 and terminate interstate calls, ISPs should not be required to pay interstate access charges.499 In recent years, usage of interstate information services,
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  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
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  • that the Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). � �0�
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  • Communications Networks and Services, Draft Guidelines on market analysis and the calculation of significant market power, Brussels, March, 3, 2001. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress (``Universal Service Report''), 13 FCC Rcd 11501, 11516-17 33 (1998) Computer I, Final Decision and Order, 28 FCC 2d 267. In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Notice of Inquiry and Proposed Rulemaking, 61 FCC 2d 103 (1976). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, Report and Order, (Computer III), 104 FCC 2d 958 (1986), vacated California v. FCC, 905 F.2d 1217 (9th Cir. 1990). Broadband: Bringing Home the Bits, Computer
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  • of a broadband service offering-which replaces the "switching or transmission" portion of a dial-up Internet connection-is covered, while any "capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications," 47 U.S.C. � 1001(6)(A), is not. The Commission has long distinguished between "information services" and the underlying "telecommunications" that transport them. See, e.g., Amendment of Section 64.702 of the Commission's Rules & Regulations (Second Computer Inquiry), 77 F.C.C. 2d 384, 475, � 231 (1980); Universal Service Report, 13 F.C.C.R. 24012, 24030, � 36 (1998); CALEA Second Report & Order, 15 F.C.C.R. 7105, 7120, � 27 (1999); CPE/Enhanced Services Bundling Order, 16 F.C.C.R. 7418, 7444, � 43 (2001); Section 271 Remand Order, 16 F.C.C.R. 9751, 9770, � 36
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  • �� 4, 11, 30. As the FCC stated: "where message switching is offered as an integral part of and as an incidental feature of a package offering that is primarily data processing, there will be total regulatory forbearance with respect to the entire service whether offered by a common carrier or non-common carrier." Id. � 31. In Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 F.C.C.2d 384, � 2 (1980) ("Computer II"), issued nine years after its Computer I ruling, the FCC addressed technological developments that had further blurred the boundary between traditional telecommunications and data processing services. The FCC adopted a regulatory framework that distinguished between the offering of "basic transmission service" and "enhanced service"-subjecting only the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278770A1.pdf
  • L. Evans, Gregory G. Rapawy, Michael E. Glover, Edward H. Shakin, and William H. Johnson. Before: RANDOLPH and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge. RANDOLPH, Circuit Judge: The Verizon telephone companies filed a petition requesting the Federal Communications Commission to refrain � to forbear � from applying several regulatory requirements1 to its broadband 3 re Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 1980 WL 356789 (1980); In re Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services, 14 F.C.C. Rcd. 4289, 1999 WL 125819 (1999). 2One of the five Commission seats was vacant at the time of the vote. See 47 U.S.C. � 154(a). services. Forbearance petitions
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  • on Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA). There we considered a challenge to the Commission's landmark 1980 Computer II Order, in which the Commission set forth regulatory ground rules for common carriers that provided so-called enhanced services, i.e., precursors to modern information services like cable Internet. See In re Amend. of � 64.702 of the Comm'n's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 385�89, �� 1�13 (1980). The petitioners argued that two aspects of the Computer II Order exceeded the Commission's ancillary authority. First, the Commission had ruled that AT&T, then the monopoly telephone provider throughout most of the nation, could offer enhanced services only through a separate subsidiary. CCIA, 693
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  • Report). ISVM, a voice mail service provided on a centralized basis, is an information service. Like plain voice mail, this service allows users to store information and interact with stored information unrelated to the placing of a telephone call. These characteristics place voice mail, as well as electronic mail, firmly in the enhanced (information) service category. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 84 FCC.2d 50, 54-55 (1980). SMS is a store-and-forward method of transmitting messages to and from wireless devices. Store-and-forward technology is generally considered a characteristic of an information service. See, e.g., Policy and Rules Concerning the Interstate, Interexchange Marketplace, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21531, 21533 (1998). .
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  • aircraft companies. Communications relate to safe, efficient, and economical operation of aircraft. Typical messages concern aircraft performance, fuel, weather, position reports, and essential services and supplies. Public correspondence (e.g., private or personal messages of passengers or crew) is not permitted. Id. at 23,942, para. 117. Id. Id. Id. at 23,942, para. 118. ARINC Petition; ARINC Reply. See 47 C.F.R. � 64.702(a) (defining enhanced services). ARINC Petition at 3-6. The Telecommunications Act of 1996 uses the terms ``telecommunications services'' and ``information services,'' rather than the terms ``basic services'' and ``enhanced services.'' In the Universal Service Report to Congress, the Commission concluded that the definitions of ``telecommunications services'' and ``information services,'' added to the Act by the Telecommunications Act of 1996, "essentially correspond
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  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-366A1_Erratum.pdf
  • whereitis"notpossibletoseparatetheinterstateandtheintrastatecomponentsoftheassertedFCCregulation," FCCpreemptionissustainable).TheCommunicationsActdefines"interstatecommunication"asany communicationthatoriginatesinonestateandterminatesinanother.47U.S.c.�153(e). 277 CityandCountyofSanFranciscoCommentsat16;NationalAssociationofCounties,theNationalAssociationof TelecommunicationsOfficersandAdvisors,andMontgomeryCounty,MarylandJointCommentsat20;Reply CommentsofConcernedCommunitiesandOrganizationsat20.LSGACreferencestheargumentregardingSection 332(c)(7)initsRecommendationNo.19,issuedNovember1,1999.Section332(c)(7)statesthat"[e]xceptas providedinthisparagraph,nothinginthisActshalllimitoraffecttheauthorityofaStateorlocalgovernmentor instrumentalitythereofoverdecisionsregardingtheplacement,construction,andmodificationofpersonalwireless servicefacilities."47C.F.R.�332(c)(7).Section332(c)(7)expresslypermitstheCommissiontoregulateStateor localgovernmentdecisionsofthesitingofpersonalwirelessservicefacilitiesonthebasisofRFemissionssafety. 278 WCAFurtherReplyCommentsat14. 279 See,e.g.,CommunicationsCompanyofCharlottesvillev.BoardofSupervisorsofAlbemarleCounty,211F.3d 79,86(4thCir.2000). 23032 FCC00-366 videoservices. Giventhatpreciselythesamecustomer-endantennasmaybeusedfor telecommunicationsservicesasareusedforvideoservices,itisunlikelythatCongresswouldpreserve localzoningauthorityovertheoneatthesametimeitlimitedlocalzoningauthorityovertheother. 111. Inaddition,readingSection332(c)(7)soasnottoreachcustomer-endantennasismore consistentwithCongress'useoftheterm"customerpremisesequipment"throughoutthe1996Act. In the1996Act,Congressdefined"customerpremisesequipment"(CPE)as"equipmentemployedonthe premisesofaperson(otherthanacarrier)tooriginate,route,orterminatetelecommunications.,,280 Congressthusdidnotincludesuchequipmentwithinthecategoryoffacilitiesusedbycarrierstoprovide telecommunicationsservices.Asaconsequence,whenCongresssought,inthe1996Act,tocoverCPE alongwithtelecommunicationsequipment,itspecifiedbothCPEandtelecommunicationsequipment.28I GivenCongress'expressrecognitioninthe1996ActoftheCommission'slongstandingderegulationof CPEandthusitsfundamentallydifferentcharacter,282wefinditparticularlylikelythatCongresswould havespecificallyreferencedthisequipmentinSection332(c)(7)ifithadintendedforthissectionto applytothatequipment. 112. Moreover,nothinginthelegislativehistoryindicatesthatCongress'preservationoflocal zoningauthoritywasintendedtoextendtocustomer-endantennas.TotheextentthattheConference Reportgivesexamplesofpersonalwirelessservicefacilities,itreferencestowers:"confereesdonot intendthatifastateorlocalgovernmentgrantsapermitinacommercialdistrict,itmustalsogranta permitforacompetitor's'50-foottower'inaresidentialdistrict.,,283 113. Anarrowerinterpretationof"personalwirelessservicefacilities"alsobestpromotesthe goalsofthe1996ActandSection332(c)(7).Oneoftheprimarygoalsofthe1996Actwasto"promote competitionandreduceregulationinordertosecurelowerpricesandhigherqualityservicesfor Americantelecommunicationsconsumersandtoencouragetherapiddeploymentofnew telecommunicationstechnologies.,,284 Inparticular,amongotherthings,Congresssoughttoopenthe traditionallymonopolisticlocalexchangeandexchangeaccesstelecommunicationsmarketsto competitiveentry.285Section332(c)(7)promotesthisgoalbyimposingcertainlimitationsonstateand 28047U.S.c.�153(14). 281See,e.g.,47U.S.c.�255("Amanufactureroftelecommunicationsequipmentorcustomerpremisesequipment shallensurethattheequipmentisdesigned,developed,andfabricatedtobeaccessibletoandusablebyindividuals withdisabilities,ifreadilyachievable.");47U.S.C.�273("ABelloperatingcompanymaymanufactureandprovide telecommunicationsequipment,andmanufacturecustomerpremisesequipment,iftheCommissionauthorizesthat BelloperatingcompanyoranyBelloperatingcompanyaffiliatetoprovideinterLATAservicesunderSection271(d) ...."[subjecttorequirementsandexceptions].") 282See47U.S.c.�549(governingcommercialconsumeravailabilityofequipmentusedtoaccessservicesprovided bymultichannelvideoprogrammingdistributors).Thatsectionstates:"NothinginthissectionaffectsSection 64.702(e)oftheCommission'sregulations(47C.F.R.64.702(e))orotherCommissionregulationsgoverning interconnectionandcompetitiveprovisionofcustomerpremiseequipmentusedinconnectionwithbasiccommon carriercommunicationsservices."47U.S.c.�549(d)(2). 28" th -'S.Conf.Rep.No.104-230,104Cong.,2dsess.at91(1996)(1996ActConferenceReport). 2841996ActPreamble. 285 SeeLocalCompetitionFirstReportandOrder, 11FCCRcdat15505-06, 3.Thus,inSection251ofthe CommunicationsAct,CongressimposedspecialdutiesonLECsandincumbentLECstotakeactions,includingmaking theirfacilitiesandservicesavailabletocompetitorsonreasonabletenns,thatwouldpromotecompetition.47U.S.c.� (continued....) 23033 FederalCommunicationsCommission FCC00-366 localregulationofpersonalwirelessservicefacilitiessitingwhilepreservinglocalzoningauthority generally.Inparticular,Section332(c)(7)providesthattheregulationofthesitingofpersonalwireless servicefacilitiesbyastateorlocalgovernment"(I)shallnotunreasonablydiscriminateamongproviders offunctionallyequivalentservices;and(II)shallnotprohibitorhavetheeffectofprohibitingthe provisionofpersonalwirelessservices.,,286Ouractionhereisconsistentwiththespiritofthisprovision. 114. FixedwirelesstechnologiesprovideanalternativetotheincumbentLECs'offeringof basicandadvancedservices.Inorderforacustomertoreceivefixedwirelessserviceathomeoratthe office,thatcustomermustbeabletoplaceanantennaatthefixedsite.Toamuchgreaterdegreethanis thecasewiththecarrierhubsite,thereislittleflexibilitytoplacetheantennaatanotherlocation.Thus, theinabilityofacustomertoplaceanantennaatthecustomer'sfixedsitewillresult,withfew exceptions,inthedenialoffixedwirelessservicetothatcustomer,whereastheinabilityofacarrierto placeahubsiteataspecificsitewilloftennotresultinadenialofwirelessservicetocustomersinthat area.Therefore,applyingablanketruleagainstmostrestrictionsontheplacementofthesecustomer antennasisconsistentwithboththebroadpro-competitivegoalsofthe1996Actandthespecificpro- competitivegoalsofthelimitationsonstateandlocalregulationsetforthinSection332(c)(7).In particular,unreasonablerestrictionsontheplacementoftheseantennasalmostbydefinitionboth effectivelyprohibittheprovisionofpersonalwirelessservicesanddisadvantageprovidersoffixed wirelessservicesascomparedtotheirwirelinecompetitors,thusunreasonablydiscriminatingamong providersoffunctionallyequivalentservices.Thus,thebalanceofthepro-competitivegoalsofthe1996 Actagainstthegoalofpreservinglocalauthorityisdifferentfortheseantennasthanforhubantennas, anditisreasonabletoconclude,inlightoftheoverridingCongressionalintenttopromotecompetition, thatCongressdidnotcontemplateincludingtheseantennasinSection332(c)(7). 115. Forsimilarreasons,wealsothinkthatreadingSection332(c)(7)toexcludecustomer- endantennasismoreconsistentwiththejudicialenforcementmechanismestablishedforSection 332(c)(7)non-RFsafetycomplaintsregardingstateorlocalgovernmentregulation.Requiringaggrieved parties(usuallyserviceproviders)toseekajudicialremedyagainstanadverselocalzoningdecision involvingahubsitewasintendedasanadditionalmeasuretopreservelocalauthority.However,the burdenoncustomersofhavingtolitigateindividualzoningdecisionsincourt,asopposedtoseekingan administrativeremedy,wouldbesubstantiallygreaterthantheburdenSection332(c)(7)imposeson serviceproviders.Thus,again,thebalanceamongCongress'goalsisdifferentforcustomer-end antennasthanforhubsites.Forallthesereasons,weconcludethatcustomer-endantennasarenot personalwirelessservicefacilitieswithinthemeaningofSection332(c)(7),andthusthatSection 332(c)(7)doesnotpreservestateandlocalauthorityovertheseantennas. 116. Wealsofindthatthereisnoconstitutionalimpedimenttoourforbiddingrestrictionson theplacementofantennasonpropertywithinthetenantuser'sexclusiveuse,wherethatuserhasan interestintheproperty.287IntheOTARDSecondReportandOrder,weheldthatsuchrulesasappliedto (Continuedfrompreviouspage)------------ 251. InSection271,CongressrequiredtheformerBelloperatingcompaniestomeetacompetitivechecklist,andto demonstrateeithertheexistenceoffacilities-basedcompetitioninthelocalexchangemarketortheabsenceofarequest foraccessandinterconnectiontoprovidelocalexchangeservice,beforetheyareallowedtoprovidein-region
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  • (2) the provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The BOCs may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a BOC provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on an arm's
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  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
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  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
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  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
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  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
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  • 3. U S WEST v. FCC, 182 F.3d at 1234 (emphasis added). Id. at 1235. Id. Id. at 1236-37. Id. at 1235. Id. at 1236-37. Id. at 1237. Id.. Id. at 1238-39. CPNI Order, 13 FCC Rcd at 8084-8113, paras. 32-67. CPNI Reconsideration Order, 14 FCC Rcd at 14430-35, paras. 40 - 47; 47 C.F.R. � 64.2005(b)(1). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980). Policy and Rules Concerning the Interstate, Interexchange Marketplace, Implementation of Section 254(g) of the Communications Act of 1934, as amended, CC Docket No. 96-16; 1998 Biennial Regulatory Review - Review of Customer Premises Equipment and Enhanced Services Unbundling Rules in the Interexchange, Exchange
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  • parity, of certain interstate interexchange services from price cap regulation. See id. at 14225, para. 4. Id. at para. 3. Id. at para. 4. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities (Computer I), 28 FCC 2d 291 (1970) (Tentative Decision); 28 FCC 2d 267 (1971) (Final Decision). Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), affirmed sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
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  • competitive CPE market. The Commission determined that by separating the provision of CPE from a carrier's provision of monopoly telecommunications services, consumers would benefit not only through competitive sources of supply for CPE, but also through the option of leasing or owning equipment, competitive pricing and payment options, and improved maintenance. It codified this ``no bundling'' requirement in rule section 64.702(e), which requires all common carriers to sell or lease CPE separate and apart from such carriers' regulated communications services, and to offer CPE solely on a deregulated nontariffed basis. As the Commission pointed out in the Further Notice, this rule does not prohibit carriers from offering ``one-stop shopping for CPE and telecommunications services, but requires only that the goods or
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  • CC Docket No. 00-21, Public Notice, DA 00-2626 (rel. Nov. 21, 2000). We accordingly issue this order in the same docket. Application at 7. Nevadacom Petition at 5-6 (citing Western Union Telegraph Company Revisions to Tariff F.C.C. Nos. 229 and 263, Transmittal No. 7485, Memorandum Opinion and Order, para. 6 (Com. Car. Bur. 1980) (Western Union Order); Amendment of Part 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 F.C.C.2d 384 (1980) (Computer II Order). For example, the Commission determined that Internet access services are information services by analyzing the features and functions of the services and how they are used by certain entities. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to
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  • Proposed Rulemaking, 6 FCC Rcd 4524 (July 11, 1991) (Part 69/ONA Order); In the Matter of Telephone Company-Cable Television Cross-Ownership Rules, CC Docket No. 87-266, Mem. Opinion and Order on Reconsideration and Third Further Notice of Proposed Rulemaking, 10 FCC Rcd 244, 340-47, paras. 209-22 (Nov. 7, 1994) (defining new services test) (Video Dialtone Reconsideration Order). See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986). First Payphone Order, 11 FCC Rcd at 20644, para. 208, and 20667, para. 253. Id. at 20644, para. 208, and 20660, para. 238. Id. at 20669-70, para. 261. Payphone Reconsideration Order, 11 FCC Rcd at 21307-09, paras. 162-65. Id.
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  • (unpublished). The Common Carrier Bureau Asks Parties to Update and Refresh Record for the Inmate Payphone Service Proceeding, CC Docket No. 96-128, Public Notice, 14 FCC Rcd 7085 (1999) (Public Notice). 47 U.S.C. � 276(a). 47 U.S.C. � 276(b)(1)(C). The Computer III Inquiry refers to an extensive, on-going Commission proceeding concerning the provision of enhanced services. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 F.C.C. 2d 958 (1986). 47 U.S.C. � 276(b)(1)(A). 47 U.S.C. � 276(d). As a result of this statutory definition, this Order will treat, as a matter of terminology, ICS providers as a subset of PSPs. Implementation of the Pay Telephone Reclassification and Compensation
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  • deployed from a cable operator's headend (the origination point for signals in the cable) to neighborhood nodes. Located at the headend is a Cable Modem Termination System (CMTS), which manages the flow of data between cable subscribers and the Internet or other equipment. See Computer III March 1999 Order, 14 FCC Rcd at 4293, n.11 (citations omitted). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 429, para. 117 (1980) (Computer II), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
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  • Inquiries (``Computer Inquiries''). See generally Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Docket No. 16979, Final Decision and Order, 28 F.C.C. 2d 267 (1971), aff'd in part sub nom. GTE Service Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, Order, 40 F.C.C. 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry) (``Computer II Final Decision''), CC Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980), on reconsideration, Memorandum Opinion and Order, 84 F.C.C. 2d 50 (1980) and Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C. 2d 512 (1981), aff'd sub nom. Computer and Commun. Indus. Ass'n v FCC, 693 F.2d
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  • states' power to regulate pursuant to the Communications Act of 1934 and longstanding Commission rules and orders. These policies apply because predictive dialers are used interchangeably and inseparably for both inter- and intrastate communications, and are not susceptible to a segregated regulatory framework that would govern inter- and intrastate uses separately.''); DMA Further Comments at 4. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, 77 FCC2d 384, Final Decision (1980) (Computer II). In the Computer II Order, the Commission explained that `` In conferring jurisdiction upon this agency over `all instrumentalities . . . incidental to . . . transmission,' the intent was `. . . to give the FCC ability to
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  • calls) that is used in calculating the dial-around rate. As a result of the 10 unpaid calls, the call volume becomes 240 instead of 250, increasing the dial-around rate by a factor of 250/240, or only 1.04 instead of 1.11. NPRM, 18 FCC Rcd at 22821, para. 31. RBOC Coalition Comments at 13. APCC Comments at 26. Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), Report and Order, 104 FCC 2d 958, 1086 (1986). APCC Comments at 26. APCC Comments at 27. AT&T Reply Comments at 21-22. Sprint argues for the inclusion of revenues from Internet access, but provides no supporting information. Sprint Comments at 18. We agree with APCC that Internet terminals are unlikely to
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  • Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC 2d 11 (1966) (Computer I NOI); Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979) (Computer II Tentative Decision); Computer II Final Decision, 77 FCC 2d 384 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104
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  • Order, 14 FCC Rcd 16252. See Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203(a)(2) of the Commission's Rules, CC Docket No. 96-149, Memorandum Opinion and Order, 18 FCC Rcd 23525 (2003) (Verizon OI&M Forbearance Order), appeal pending, Verizon Tel. Cos. v. FCC, D.C. Cir. No. 03-1404. See Amendment of Section 64.702 of the Commission's Rules and Regulations, Final Decision, 77 FCC 2d 384 (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied sub nom. Louisiana Pub. Serv. Comm'n v. FCC, 461
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  • Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC 2d 11 (1966) (Computer I NOI); Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979) (Computer II Tentative Decision); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Decision); Amendment of Section
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  • and, commonly, another location.''). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501, 11516 (1998) (Universal Service
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  • 4, 2004) (AT&T November 10-Q Report) (identifying $160 million in ``USF contribution savings since the beginning of 1999'' as a result of characterizing ``enhanced'' calling card services as information services); see also Letter from Robin Tuttle, USTA, to Marlene H. Dortch, Secretary, Federal Communications Commission (Nov. 22, 2004). AT&T Petition at 18. AT&T Reply at 9 (citing 47 C.F.R. � 64.702(a)) & 12 n.6 (qualifies as information service via either changed information or interaction). AT&T Reply at 4 (``half of households with incomes below $20,000 and 70% of African-American households have used prepaid cards, and consumers 55 and older represent the fastest-growing segment of prepaid card users''). Id. (noting that intrastate access charges may be as high as 14 cents per
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  • paras. 3-4 (1995) (Nondominant Tariff Filing Order). 47 C.F.R. � 63.71(c). Id. � 63.03(b). 47 U.S.C. �� 201, 202. Id. � 251(a)(1). 47 U.S.C. � 251(b)(1). Id. �� 224, 251(b)(4). 47 U.S.C. � 251(c). See 47 C.F.R. � 64.1903. 47 U.S.C. � 254(d). Id. � 225. Id. � 222(a)-(c), (f). Id. � 222(d)(4), (g). Id. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Commc'ns Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA
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  • (arguing that competitors that can integrate their local and long distance operations are at an advantage, especially with respect to complex services to large business customers that want end-to-end services); see also USTA NPRM Comments at 7. The Commission has previously found that structural separation may sacrifice innovation, efficiency, and economies of scale and scope. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 3 (1986) (Computer III Phase I Order) (finding that the decreased efficiency
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  • 13653, 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 U.S.C. � 271. See 47 U.S.C. � 271(d)(6). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra n.213. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • Carriers, CC Docket No. 93-36, Order, 10 FCC Rcd 13653, 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra part III.C.4. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • Secretary, FCC, WC Docket No. 06-172 at 7 (filed June 13, 2007) (Verizon June 13, 2007 Ex Parte Letter). 47 C.F.R. � 51.319(a), (b), (e). (discussing Computer Inquiry III requirements). See 47 C.F.R. �� 61.32, 61.33, 61.38, 61.41-61.49, 61.58, 61.59, 63.03, 63.04. 47 U.S.C. � 251(c)(3). Qwest Omaha Forbearance Order, 20 FCC Rcd at 19417-22, paras. 3-11. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • the Computer Inquiry requirements, a BOC that provides enhanced services must unbundle its enhanced services and offer transmission capacity to other enhanced service providers under the same tariffed rates, terms, and conditions under which it provides services to its own enhanced service operations, and further must provide its enhanced services only through a Computer II affiliate. See Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert. denied,
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  • As AT&T states in its comments, AT&T and other carriers ``sell InterCall transport that InterCall then resells with its audio bridging service to its teleconferencing customers.'' See AT&T Comments at 3; see also Canopco Comments at 4; Genesys Comments at 2; Premiere Global Comments at 1-2; TeleSpan Comments at 4. See North American Telecommunications Association Petition for Declaratory Ruling Under �64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF 84-2, Memorandum Opinion and Order, 101 FCC 2d 349, 363, para. 31 (1985) (NATA Order) (describing services that are adjuncts to basic service and determining that Automatic Route Selection is an adjunct to basic service because it simply creates the transmission channel chosen by
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  • 13653-54, paras. 3-4 (1995). 47 C.F.R. � 63.71(c). 47 C.F.R. � 63.03(b). See 47 U.S.C. � 271. See 47 U.S.C. � 271(d)(6). See 47 C.F.R. � 64.1903. 47 U.S.C. � 251(c). See infra part III.D.4. 47 U.S.C. � 254(d). 47 U.S.C. � 225. 47 U.S.C. � 222(a)-(c), (f). 47 U.S.C. � 222(d)(4), (g). 47 U.S.C. � 208. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Computer II Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Computer II Further Reconsideration Order), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA v. FCC), cert.
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  • U.S.C. � 160(c) in the Omaha Metropolitan Statistical Area, WC Docket No. 04-223, Memorandum Opinion and Order, 20 FCC Rcd 19415, 19419, 19462-63, paras. 7, 94-96 (2005) (Qwest Omaha Forbearance Order), aff'd, Qwest Corp. v. FCC, 482 F.3d 471 (D.C. Cir. 2007) (Qwest Corp. v. FCC). Qwest Omaha Forbearance Order, 20 FCC Rcd at 19417-22, paras. 3-11. Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
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  • Regulatory Affairs, Comcast, to Marlene H. Dortch, Secretary, FCC (Mar. 11, 2008). Comcast Letter on Authority at 2; see also Katherine A. Zachem, Vice President of Federal Regulatory Affairs, Comcast Corporation, to Marlene H. Dortch, Secretary, FCC, Attach. at 17 (Feb. 26, 2008) (Comcast Hearing Remarks) (terming this provision the government's ``deregulatory policy for the Internet''). See Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Final Decision, 77 FCC 2d 384 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Memorandum Opinion and Order, 84 FCC 2d 50 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, Docket No. 20828, Memorandum Opinion and Order on Further Reconsideration, 88 FCC
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  • and we classify it as an ``information service'' today. Insofar as that service allows communications with no net protocol conversion, it is not subject to our ``information service'' classification here. We note that the presence of a net protocol conversion is not the only basis for classifying a service as an ``enhanced'' or ``information service.'' See, e.g., 47 C.F.R. � 64.702(a); Computer II Final Decision, 77 FCC 2d at 420-21, para. 97. We do not reach those issues at this time, however. See, e.g., Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as Amended, CC Docket No. 96-149, First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21905, 21957-58,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-31A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-31A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-31A1.txt
  • Board Vessels in the 5925-6425 MHz/3700-4200 MHz Bands and 14.0-14.5 GHz/11.7-12.2 GHz Bands, IB Docket No. 02-10, Report and Order, 20 FCC Rcd 674 (2005). Streamlining the Commission's Rules and Regulations for Satellite Applications and Licensing Procedures, IB Docket Nos. 95-117 and 00-248, Eighth Report and Order and Order on Reconsideration, 23 FCC Rcd 15099 (2008). See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.txt
  • incumbent control over CPE was gradually reduced under a number of decisions continuing into the early 1980s. See Proposals for New or Revised Classes of Interstate and Foreign Message Toll Telephone Service (MTS) and Wide Area Telephone Service (WATS), Docket No. 19528, First Report and Order, 56 FCC 2d 593, 599, para. 17, 612-13, paras. 53-54 (1975); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC 2d 384, 388 (1980) (Computer II Final Decision) (subsequent history omitted). Michael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 CommLaw Conspectus 187, 192 (2008); Stephen Segaller, Nerds 2.0.1: A Brief History of the Internet 74 (1998);
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.txt
  • 14875-76, para. 41. Our actions in this order do not disturb or implicate regulatory relief from Computer III requirements that Qwest already has obtained. 47 U.S.C. � 160(a). Id. The Qwest Petition devotes one paragraph, on page 11, to the Computer III forbearance issue and presents no explanation of why forbearance is warranted. Qwest Petition at 11. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 466-67, para. 216 (1980); Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 4 (1986). ``Exclusionary'' (or ``Bainian'') market power, which is the ``ability of a firm profitably to raise and sustain its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.txt
  • Regulatory & Policy Problems Presented by the Interdependence of Computer & Comm. Servs., Docket No. 16979, Final Decision and Order, 28 F.C.C. 2d 267, 270, para. 12, 275, para. 24 (1971) (Computer I Final Decision), aff'd sub nom. GTE Servs. Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, 40 F.C.C. 2d 293 (1972). Amendment of Section 64.702 of the Comm'n's Rules & Regs, Second Computer Inquiry, Final Decision, 77 F.C.C. 2d 384, 417-35, paras. 86-132, 461-75, paras. 201-31 (1980) (Computer II Final Decision), aff'd sub nom. Computer & Commc'ns Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982); Amendment of Section 64.702 of the Comm'n's Rules & Regs. (Third Computer Inquiry), CC Docket No. 85-229, Phase
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1.txt
  • Ernesto Falcon, PK, to Marlene H. Dortch, Secretary, FCC, GN Docket Nos. 09-191, 10-127, WC Docket No. 07-52 (Oct. 28, 2010). The Commission has long protected end users' rights to attach lawful devices that do not harm communications networks. See, e.g., Use of the Carterfone Device in Message Toll Telephone Service, 13 FCC 2d 420, 424 (1968); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384, 388 (1980); see also Michael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 CommLaw Conspectus 187, 192 (2008); Kevin Werbach, The Federal Computer Commission, 84 N.C. L. Rev. 1, 21 (2005). . Open Internet NPRM, 24 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-201A1_Rcd.pdf
  • Letter from Ernesto Falcon, PK, to Marlene H. Dortch, Secretary, FCC, GN Docket Nos. 09-191, 10-127, WC Docket No. 07-52 (Oct. 28, 2010). 196The Commission has long protected end users' rights to attach lawful devices that do not harm communications networks. See, e.g.,Use of theCarterfone Device in Message Toll Telephone Service, 13 FCC 2d 420, 424 (1968); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384, 388 (1980); see alsoMichael T. Hoeker, From Carterfone to the iPhone: Consumer Choice in the Wireless Telecommunications Marketplace, 17 COMMLAW CONSPECTUS187, 192 (2008); Kevin Werbach, The Federal Computer Commission, 84 N.C.L. REV.1, 21 (2005). 197As Qwest states, "Qwest and virtually all major broadband providers have
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-15A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-15A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-15A1.txt
  • Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Final Decision and Order, 28 FCC 2d 267 (1971) (Computer I Final Decision), aff'd in part sub nom. GTE Service Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973), decision on remand, 40 FCC 2d 293 (1973) (Computer I). Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Phase I, 104 FCC 2d 958 (1986) (Computer III Phase I Order), recon., 2 FCC Rcd 3035 (1987) (Computer III Phase I Reconsideration Order), further recon., 3 FCC Rcd 1135 (1988) (Computer III Phase I Further Reconsideration Order), second further recon., 4 FCC Rcd 5927 (1989) (Computer III Phase I
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • 23. 47 U.S.C. � 252(d)(2)(A). See, e.g., Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Report and Order and Second Further Notice of Proposed Rulemaking, 4 FCC Rcd 2873, 3051-56, paras. 359-68 (1989) (discussing the need for, and definition of, baskets and bands of services for purposes of price cap regulation of AT&T); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, paras. 214-17, 220-22 (1986) (requiring the identification and tariffing of certain Basic Service Elements
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • 1191 Policy and Rules Concerning the Furnishing of Customer Premises Equipment, Enhanced Services and Cellular Communications Services by the Bell Operating Companies, Report and Order, 95 F.C.C. 2d 1117, 1135-36 (1983) (adopting safeguards to prevent BOCs from providing superior access, installation, and maintenance services to themselves than to competitive providers of CPE, enhanced services and cellular services); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry) , Report and Order, 104 F.C.C. 2d 958, 1026-27 (1986) (requiring BOCs to provide competing enhanced service providers with comparably efficient interconnection "to control potential discrimination" by BOCs in favor of their own offerings); id. at 1041 (time periods for installation, maintenance, and repair must be the same for competing carriers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, "as an indication that an architecture with highly efficient interconnection can be designed." Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. 337 See State Attorneys General Apr. 27 Ex Parte Rosston and
• http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
• http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://transition.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
  • Service. Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. � 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. Federal Communications Commission FCC 98-116 A-4 � 76.1210 Effect on Other Rules. Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Federal Communications Commission FCC 98-116 B-1 APPENDIX B Note:If no abbreviation appears in parentheses following the full name, the full name is used in the Report and Order. LIST OF COMMENTERS 1. AD HOC
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.wp
  • the Commission's rules, the term "enhanced services" refers 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." See 47 C.F.R. � 64.702(a). For a further discussion of the terms, enhanced services and basic services, see Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 96-149, 11 FCC Rcd 21905, � 102-107 (1996) (Non-Accounting Safeguards Order). 42 BOC Enhanced Services Market Trial
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.pdf
  • provided the services contemplated. 8 The term "enhanced services" refers 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. See Section 64.702 (a) of the Commission's Rules, 47 C.F.R. �64.702(a). For purposes of this proceeding, information and enhanced services are used interchangeably. 9 As discussed within, 911 has been designated as a national code for emergency services. 4 311 on a nationwide basis for this purpose.7 Wherever 311 is currently in use for other purposes, however, we would allow that use to
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  • whom they also sold telephones, and then market only new CPE that is not part of a new bundled plan.13 Section 222(c)(1)(A) permits the use of CPNI, Federal Communications Commission DA 98-971 14 We note that this clarification does not alter the current Commission restrictions on carrier bundling of CPE or information services for wireline carriers. See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, 496 (1980) (Computer II Final Decision); Memorandum Opinion and Order on Reconsideration, 84 FCC 2d 50 (1980); Memorandum Opinion and Order on Further Reconsideration, 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.wp
  • to make business plans based on an uncertain level of wholesale discount.987 As discussed above, BellSouth's SGAT legally commits it to provide CSAs at some state-determined wholesale discount, in conformance with section 251(c)(4) and the First BellSouth Louisiana Order. We Federal Communications Commission FCC 98-271 988 TRA Comments at 29. 989 47 U.S.C. � 271(c)(2)(B)(xiv). 990 See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, 104 FCC 2d 958 (1986). 991 Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, First
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Communications Act of 1934 (Act) as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). See also Universal Service Report to Congress, 13 FCC Rcd 11501, 11516 (reiterating Commission's conclusion that the definitions of telecommunications services and information services,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Act as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). Access Charge Reform, CC Docket No. 96-262, First Report and Order, 12 FCC Rcd 15982, 16131-32 n.498 (1997) (Access Charge Reform Order), aff'd sub nom. Southwestern Bell Tel.
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • 153(43). 172 47 U.S.C. 53(46). 173 NPRM, 13 FCC Rcd at 20409-10, 36. 174 See, e.g. Bell Atlantic comments at 4; GTE comments at 4; ITI comments at 8; SBC comments at 3; Microsoft reply comments at 4. 175 See Non-Accounting Safeguards Order, 11 FCC Rcd at 21958. 176 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules arding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 C 2d 349 (1985) (NATA Centrex Order), recon., 3 FCC Rcd 4385 (1988). 177 NATA Centrex Order, 101 FCC 2d at 359-61. 178 See, e.g., Blackseth comments at 1; IDHS comments at 2; Kailes comments at 3;
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, ``as an indication that an architecture with highly efficient interconnection can be designed.'' Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. See State Attorneys General Apr. 27 Ex Parte Rosston and Mercurio
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • �� 69.401-414. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Tentative Decision, 28 FCC 2d 291 (1970); Final Decision and Order, 28 FCC 2d 267 (1971), aff'd sub. nom GTE Services Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973); decision on remand, 40 FCC 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384 (1980), recon. 84 FCC 2d 50 (1980), further recon. 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983); Policy and Rules Concerning Rates for Competitive Carrier Services and Facilities Authorizations Thereof, CC
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.txt
  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
• http://transition.fcc.gov/Bureaus/Common_Carrier/in-region_applications/bellsouth_sc/bs271sc.pdf
  • with concerns about Bell company cost misallocation. See, e.g., 47 U.S.C. � 254(k) (requiring Commission to implement regulations as necessary "to ensure that" BellSouth, September 30, 1997, South Carolina Report and Order, Inquiry into the Use of the Bands 825-845 MHZ and 870-890 for Cellular 55. Communications Sys., 86 FCC 2d 469, 494, � 50 (1981) (cellular); Amendment of Section 64.702 of the Commn's Rules and Regulations (Second Computer Inquiry); Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 453 � 177 (Bell System), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198, 211 (D.C. Cir. 1982). -88- revenues from regulated services are not used to subsidize competitively
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  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
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  • maximum separation requirement meant that common carriers could offer data processing services only through a separate corporate entity having separate accounting records, personnel, 138 See United States v. Western Electric Co., 13 Rad. Reg. (P&F) 2143, 1956 Trade Cas. (CCH) 71,134 (D. N.J. 1956) (the 1956 Decree). 139 See ESP Status of ISPs at p. 12. 140 Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Order), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA), cert. denied, 461 U.S. 9389 (1983); Amendment of Section 64.702
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  • III, determining that a series of non-accounting safeguards would serve the same non-discrimination policy without requiring physical separation of services. The Ninth Circuit Court of Appeals remanded the Computer III order to the Commission with instructions to further explain its decision to lift structural separation. See California v. FCC, 4 F.3d 1505 (1993). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). In 1996, Congress effectively replaced the FCC's basic and enhanced terminology with ``telecommunications'' and ``information'' service categories. The Commission has noted that ``telecommunications services'' and ``basic services'' appear to extend to the same services, as do ``information
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/209968-1.pdf
  • intended that "the two categories" of services "be separate and distinct, and that information service providers not be subject to telecommunications regulation." Report to Congress, Federal-State Joint Board on Universal Service, CC Dkt. No. 96-45, � 43 (Apr. 10, 1998) (emphasis added). As used in the 1996 Act, the two categories of services "are mutually 3Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 F.C.C.2d 384 (1980), recon., 84 F.C.C.2d 50 (1980), further recon., 88 F.C.C.2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983). SBC Communications Inc.: June 30, 1998 Page 4 exclusive." Id. �� 13, 39; id. �
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210020-1.pdf
  • 255. In the NPRM, the Commission acknowledges the ADA's limited definition for "readily achievable"22and proposes to use this approach in its application of Section 255.2' CEMA agrees generally with this definition, and with the factors the Commission proposes to use in assessing whether an accommodation is "readily achievable" under Section 255.24 CEMA 20 In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384,438 (1980). 21 Id. at 439. 22 The ADA defines "readily achievable" as "easily accomplishable and able to be carried out without much difficulty or expense."See Section 255(a)(2) of the Communications Act, 47 U.S.C. 9 255(a)(2). 23 NPRM at 194. 24 As noted above in Section III of
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210026-1.pdf
  • when the software has a telecommunication purpose, it should be covered, since the software serves to provide electronic operating instructions. IV.Nature of Statutory Requirements A. Definition of "Disability" TDI supports the FCC's proposal to follow without modification or enhancement the ADA definition of "disability," as set out below. 6 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 (1985) (&`A T.4 Centrex Order). recon., 3 FCC Red 4385 (1988). ' Access Board Order, 63 Fed. Reg. at 5612. 11 Section 255(a)(l) of the Act provides that "the term `disability' has the meaning
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210069-1.pdf
  • 142. (Footnote continued from prior page) availability of services to the disabled without discouraging the development of new and improved technology. sE?E?. p .w fm 4657 (1991). f 199.Q, 6 FCC Red ' Compare 47 U.S.C. � 153(43) (defining fftelecommuni- cations" as transmissionffwithout change in the form or content of the information as sent and received") with 47 C.F.R. � 64.702 (implementing CI-II orders by defining enhanced services as those "that act on the form, content, code,protocol or similar aspects of the subscriber's transmitted information"). ,. -. ,. 5 The Commission's tentative conclusion is clearly correct. The definitions of these key terms used in Section 255 were contemporaneously enacted, and as the EERH points out (1 35) there is no indication
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210090-1.pdf
  • might be considered "information services" when viewed in light of the way the service is offered today. E-mail provides an interesting example. In its Report to Congress on Universal Service, the FCC suggested that e-mail was an information service in part because it was not sold on a * See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 ( 1985) (NATA Centrex Order), recon., 3 FCC Red 4385 (1988). 9 In the Matter of Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended,
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210095-1.pdf
  • regulatory freedom that the Commission concluded in Compufer II was important to the health and competitive development of the enhanced-services industry" and that such a presumption would be "inconsistent with the deregulatory and procompetitive goals of the 1996 Act.""In addition, the Commission voiced concern that "uncertainty about whether [it] would forbear from applying specific --~-----~ -___-. 11 47 C.F.R. 9 64.702(a). 12 NPRM at 7 42. 13 Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, FCC 98-67 (rel. April 10, 1998) ("Report to Congress'?. 14 Report to Congress atlj39,47. 15 Id. at j'f 46, 47. 9 provisions could chill innovation."16Applying Section 255 to information services would fly in the face of these conclusions Moreover, there is
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210097-1.pdf
  • U.S.C. � 153(45) (emphasis added). 89 See NPRM at � 49 ("In short, to the extent end users must interact with equipment to use telecommunications services, Section 255 applies."). Indeed, the term CPE was created and has traditionally been used in the context of equipment used to facilitate common carrier services. See, e.g., In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C.2d 512 n.1 (1981)("For purposes of this docket, customer-premises equipment includes all equipment provided by common carriers in the fifty states, the District of Columbia, Puerto Rico and the Virgin Islands and located on customer premises except over voltage protection equipment, inside wiring,
• http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.pdf http://transition.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.txt
  • information services could seriously curtail the regulatory freedom that the Commission concluded in Computer II was important to the healthy and competitive development of the enhanced-services industry. Id. at 46. These findings remain true in the Section 255 context. Nevertheless, although information effectively available to the public, regardless of the facilities used. Id. at 153(46). 8 See Amendment of Section 64.702 of the Commission s Rules and Regulations (Computer II), Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979), 77 FCC 2d 384 (1980), on recon., 84 FCC 2d 50 (1980), on further recon., 88 FCC 2d 512 (1981), aff d sub. nom. Computer and Communications Industry Ass n v. FCC, 693 F.2d 198 (D.C. Cir.
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • if the Commission authorizes that Bell operating company or any Bell operating company affiliate to provide interLATA services under Section 271(d) . . . . [subject to requirements and exceptions].'') See 47 U.S.C. � 549 (governing commercial consumer availability of equipment used to access services provided by multichannel video programming distributors). That section states: ``Nothing in this section affects Section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premise equipment used in connection with basic common carrier communications services.'' 47 U.S.C. � 549(d)(2). S. Conf. Rep. No. 104-230, 104th Cong., 2d sess. at 91 (1996) (1996 Act Conference Report). 1996 Act Preamble. See Local Competition First Report and Order, 11
• http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
  • by the Commission with respect to commercial availability to consumers of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, before the date of enactment of the Telecommunications Act of 1996 shall fulfill the requirements of this section.(2) REGULATIONS.--Nothing in this section affects section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. (e) SUNSET.--The regulations adopted under this section shall cease to apply when the Commission determines that-- (1) the market for the multichannel video programming distributors is fully competitive; (2) the market
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • provision of operator services. These rules were adopted pursuant to the Commission's authority under sections 4, 201-205, 403, and 404 of the Act, as amended. The Bell Operating Companies may provide enhanced services and CPE pursuant to nonstructural safeguards established in the Computer III (enhanced services) and Furnishing of CPE proceedings, or through a separate subsidiary as provided in section 64.702 of the Commission's rules. If a Bell Operating Company provides enhanced services or CPE through a separate subsidiary, the separate subsidiary must: (1) obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff; (2) operate independently, with its own books of accounts, separate officers, personnel, and computer facilities; (3) deal with any affiliated manufacturing entity on
• http://transition.fcc.gov/Reports/tcom1996.pdf http://transition.fcc.gov/Reports/tcom1996.txt
  • Commission with respect to commercial availability to consumers of converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems, before the date of enactment of the Telecommunications Act of 1996 shall fulfill the requirements of this section. (2) REGULATIONS- Nothing in this section affects section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. (e) SUNSET- The regulations adopted under this section shall cease to apply when the Commission determines that-- (1) the market for the multichannel video programming distributors is fully competitive; (2) the
• http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt
  • Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. _____________________ ^1 See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html#N_1_
• http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
• http://transition.fcc.gov/cgb/policy/operatorservices.html
  • aggregator locations such as hotels, hospitals, and educational institutions. The Commission has adopted rules to ensure that customers are able to reach their preferred long distance carrier from public telephones and receive sufficient information about the rates they will pay for operator services at public phones and other aggregator locations, thereby fostering a more competitive OSP marketplace (see 47 C.F.R. 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [36]Word | [37]Acrobat 12/12/2001 Second Order on
• http://transition.fcc.gov/cgb/policy/operatorservicesSpanish.html
  • contacto con la operadora de larga distancia de su preferencia desde un telfono pblico y puedan recibir suficiente informacin acerca de las tarifas que pagarn por los servicios de operador desde un telfono pblico y desde otros sitios, promoviendo as un mercado de los OSP ms competitivo (ver el Cdigo de Regulaciones Federales (C.F.R., por sus siglas en ingls) 47 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [31]Word | [32]Acrobat 12/12/2001 Second Order on
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • (emphasis added); 47 C.F.R. 68.106(a) ("Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... ."); 47 C.F.R. S 64.702(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.") (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
• http://transition.fcc.gov/eb/Orders/2008/DA-08-819A1.html
  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program "Married By America" on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. S: 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) ("Amendment of Sections 64.702, etc. Order"). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
• http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.doc http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.pdf http://www.fcc.gov/Bureaus/Cable/Notices/2001/fcc01015.txt
  • exclusive, and to parallel the definitions of "basic service" and "enhanced service" developed in the Commission's Computer II proceeding, as well as the Modification of Final Judgment. In Computer II, the Commission found that enhanced service providers were not "common carriers" under the Act and therefore were not subject to regulation under Title II of the Act. Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC2d 384, 430-34, �� 120-29 (1980). The issue of the proper classification of cable modem service and/or the cable modem platform is currently pending in In the Matter of Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, GN Docket No. 00-185, Notice of Inquiry,
• http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.pdf http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98116.wp
  • Service. Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. � 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. Federal Communications Commission FCC 98-116 A-4 � 76.1210 Effect on Other Rules. Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Federal Communications Commission FCC 98-116 B-1 APPENDIX B Note:If no abbreviation appears in parentheses following the full name, the full name is used in the Report and Order. LIST OF COMMENTERS 1. AD HOC
• http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.doc http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.pdf http://www.fcc.gov/Bureaus/Cable/Orders/2001/fcc01012.txt
  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
• http://www.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm
  • Exemption NPRM, p. 4305. 162. ^162 Amendments of Part 69 of the Commission's Rules Relating to Enhanced Service Providers, CC Docket No. 87-215, Order, 3 FCC Rcd 2631 (1988). 163. ^163 Because of the ESP exemption, ESPs purchase few interstate ONA services, preferring the lower priced intrastate services that they can purchase under exchange tariffs. 164. ^164 Amendments of Section 64.702 of the Commission's Rules relating to the Creation of Access Charge Subelements for Open Network Architecture, CC Docket No. 87-313, Report and Order, 6 FCC Rcd 4524, 4535, 60 (1991). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_1_ 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_2_ 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_3_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_4_ 5. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_5_ 6. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_6_ 7. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_7_ 8. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_8_ 9. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_9_ 10. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_10_ 11. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_11_ 12. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_12_ 13. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_13_ 14. http://transition.fcc.gov/Bureaus/Common_Carrier/Comments/access_reform/samples/0155376.htm#N_14_ 15.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98118.wp
  • the Commission's rules, the term "enhanced services" refers 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." See 47 C.F.R. � 64.702(a). For a further discussion of the terms, enhanced services and basic services, see Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 96-149, 11 FCC Rcd 21905, � 102-107 (1996) (Non-Accounting Safeguards Order). 42 BOC Enhanced Services Market Trial
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98187.pdf
  • at 1998 WL 3496693. 89 Segment (a) of the business is the only one that resembles traditional common carrier activities. In general, common carrier obligations were adopted for persons performing functions that were essential to society, especially when such persons had little or no competition. See generally Munn v. Illinois, 94 U.S. 113 (1876). 90 See, e.g., 47 C.F.R. � 64.702. 91 47 U.S.C. � 157 note (italics added). 31 competitive as many markets that in this country are "regulated" only by the antitrust laws.88 A limited governmental role might be needed, for example, to foster network reliability, access, interconnection and standard-setting where that would promote efficiency and where private bodies would not be as efficient. We seek comment on these
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • 1191 Policy and Rules Concerning the Furnishing of Customer Premises Equipment, Enhanced Services and Cellular Communications Services by the Bell Operating Companies, Report and Order, 95 F.C.C. 2d 1117, 1135-36 (1983) (adopting safeguards to prevent BOCs from providing superior access, installation, and maintenance services to themselves than to competitive providers of CPE, enhanced services and cellular services); Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry) , Report and Order, 104 F.C.C. 2d 958, 1026-27 (1986) (requiring BOCs to provide competing enhanced service providers with comparably efficient interconnection "to control potential discrimination" by BOCs in favor of their own offerings); id. at 1041 (time periods for installation, maintenance, and repair must be the same for competing carriers
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97051.wp
  • provided the services contemplated. 8 The term "enhanced services" refers 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. See Section 64.702 (a) of the Commission's Rules, 47 C.F.R. �64.702(a). For purposes of this proceeding, information and enhanced services are used interchangeably. 9 As discussed within, 911 has been designated as a national code for emergency services. 4 311 on a nationwide basis for this purpose.7 Wherever 311 is currently in use for other purposes, however, we would allow that use to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980971.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980971.wp
  • whom they also sold telephones, and then market only new CPE that is not part of a new bundled plan.13 Section 222(c)(1)(A) permits the use of CPNI, Federal Communications Commission DA 98-971 14 We note that this clarification does not alter the current Commission restrictions on carrier bundling of CPE or information services for wireline carriers. See Amendment of Section 64.702 of the Commission's Rules and Regulations, CC Docket No. 20828, Final Decision, 77 FCC 2d 384, 475, 496 (1980) (Computer II Final Decision); Memorandum Opinion and Order on Reconsideration, 84 FCC 2d 50 (1980); Memorandum Opinion and Order on Further Reconsideration, 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98188.wp
  • The Commission, under the regime established in its Computer II proceeding, classified all services offered over a telecommunications network as either "basic" or "enhanced." A basic service consists of the offering, on a common carrier basis, of "pure transmission capability over a communications path that is virtually transparent in terms of its interaction with customer supplied information." Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC 2d 384, 419-20, �� 93, 96 (1980) (Computer II Final Decision), recon., 84 FCC 2d 50 (1980) (Reconsideration Order), further recon., 88 FCC 2d 512 (1981) (Further Reconsideration Order), affirmed sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98271.wp
  • to make business plans based on an uncertain level of wholesale discount.987 As discussed above, BellSouth's SGAT legally commits it to provide CSAs at some state-determined wholesale discount, in conformance with section 251(c)(4) and the First BellSouth Louisiana Order. We Federal Communications Commission FCC 98-271 988 TRA Comments at 29. 989 47 U.S.C. � 271(c)(2)(B)(xiv). 990 See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Services and Facilities Authorizations Thereof Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, 104 FCC 2d 958 (1986). 991 Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended, First
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98292.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Communications Act of 1934 (Act) as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). See also Universal Service Report to Congress, 13 FCC Rcd 11501, 11516 (reiterating Commission's conclusion that the definitions of telecommunications services and information services,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992479.doc
  • 61 (classifying nonlocal directory assistance service as an adjunct(c)to(c)basic service). As such, we agree with Ameritech that the adjunct(c)to(c)basic classification is not limited to services that are local in nature. Ameritech Initial Brief at 18. Adjunct(c)to(c)basic services have been defined as services that facilitate use �See In the Matter of North American Telecommunications Association Petition for Declaratory Ruling Under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises �that defendants' use of the 411 dialing code for the provision of its nonlocal directory assistance �We also find that defendants' provisioning of nonlocal directory assistance does not constitute an unjust or unreasonable practice in violation of section 201(b), so long as the defendants make available,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99038.wp
  • the term "enhanced services," defined in the Commission's rules as "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," 47 C.F.R. � 64.702(a), is quite similar to "information services," defined in the Act as offering "a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications." 47 U.S.C. � 153(20). Access Charge Reform, CC Docket No. 96-262, First Report and Order, 12 FCC Rcd 15982, 16131-32 n.498 (1997) (Access Charge Reform Order), aff'd sub nom. Southwestern Bell Tel.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • 153(43). 172 47 U.S.C. 53(46). 173 NPRM, 13 FCC Rcd at 20409-10, 36. 174 See, e.g. Bell Atlantic comments at 4; GTE comments at 4; ITI comments at 8; SBC comments at 3; Microsoft reply comments at 4. 175 See Non-Accounting Safeguards Order, 11 FCC Rcd at 21958. 176 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules arding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 C 2d 349 (1985) (NATA Centrex Order), recon., 3 FCC Rcd 4385 (1988). 177 NATA Centrex Order, 101 FCC 2d at 359-61. 178 See, e.g., Blackseth comments at 1; IDHS comments at 2; Kailes comments at 3;
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99223.txt
  • instances where they would not realize potentially sensitive, personal information had been accessed or used. As noted above, there is no evidence, currently, that customers expect to receive such services from their wireline provider, or that they expect to use such services in the Federal Communications Commission FCC 99-223 144 See Bell Atlantic Petition at 15-16, citing Amendment to Sections 64.702 of the Commission's Rules and Regulations, Policy and Rules Concerning Rates for Competitive Common Phase II Carrier Service and Facilities Authorizations Thereof, and Communications Protocols under Section 64.702 of the Commission's Rules and Regulations, Report and Order, CC Docket 85-229, 2 FCC Rcd 3072, 3095, � 155 (1987) (Third Computer Inquiry); Memorandum Opinion and Order on Reconsideration, 3 FCC Rcd
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • United States Concerning the Line-of-Business Restrictions, Att. A at 16-27 (filed Mar. 13, 1987). To take but one example, Ameritech states that the Commission in its Third Computer Inquiry proceeding considered Ameritech's proposal to introduce a new network architecture, Feature Node/Service Interface, ``as an indication that an architecture with highly efficient interconnection can be designed.'' Id. (citing Amendment of Section 64.702 of the Commission's Rules and Regulations, 104 FCC 2d 958, 1063-64 (1986), at para. 212). It is not clear what action the Commission might have taken, such as requiring more detailed information from incumbents, or when it might have reached a similar conclusion, had it not examined Ameritech's proposal. See State Attorneys General Apr. 27 Ex Parte Rosston and Mercurio
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99387.doc
  • Order, 14 14 FCC Rcd 4289 4289 (1999) (Computer III Remand Report and Order). In these CEI plans, which address nine separate parameters, the BOC must explain how it would offer to competitive information service providers, on a non-discriminatory basis, all the underlying basic services that the BOC uses to provide its own information service offering. See Amendment of Section 64.702 of the Commission Rules and Regulations, Report and Order, CC Docket No. 85-229, Phase I, 104 FCC 2d 958, 1035-1042, paras. 147-166 (1987). Computer III Report and Order, 14 FCC Rcd at 4297, � 12. CIX Petition at 3-8. Id. at 8-9. 47 U.S.C. � 251(c)(5). 47 C.F.R. � 51.325. Computer III Further Remand Proceedings: Bell Operating Company Provision of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.txt
  • Opinion and Order, 13 FCC Rcd at 24032, � 41. See also Cable and Wireless Reply Comments at 5. See e.g., CoreComm Comments at 8. In the Matter of International Business Machines Corp. Petition for Declaratory Ruling that Southern Bell Telephone and Telegraph Company Offer its Local Area Data Transport Service on an Unbundled and Detariffed Basis Pursuant to Section 64.702 of the Commission's Rules, FCC 86-122, ENF 83-34, Memorandum Opinion and Order on Reconsideration (1986); see also Advanced Services Order at � 47 (noting that the interconnection obligations set forth in section 251 apply equally to voice and data services). Some commenters point out that at least four state commissions have concluded that certain packet-switched services, such as frame-relay service,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da000347.doc
  • Second Report and Order, 14 FCC Rcd 2545 (1999), appeal pending sub nom. American Public Communications Council v. FCC, Case No. 99-1114 (D. C. Cir. filed Mar. 22, 1999). Payphone Reconsideration Order, 11 FCC Rcd at 21307-09. Payphone Clarification Order, 13 FCC Rcd at 1780 � 2, citing Payphone Reconsideration Order, 11 FCC Rcd at 21308. See Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC 2d 958 (1986). The new services test is a cost-based test that establishes the direct cost of providing the new service as a price floor. LECs then add a reasonable amount of overhead to derive the overall price of the new service.
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • �� 69.401-414. See, e.g., Regulatory and Policy Problems Presented by the Interdependence of Computer and Communications Services and Facilities, Tentative Decision, 28 FCC 2d 291 (1970); Final Decision and Order, 28 FCC 2d 267 (1971), aff'd sub. nom GTE Services Corp. v. FCC, 474 F.2d 724 (2d Cir. 1973); decision on remand, 40 FCC 2d 293 (1973); Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384 (1980), recon. 84 FCC 2d 50 (1980), further recon. 88 FCC 2d 512 (1981), aff'd sub nom. Computer and Communications Industry Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983); Policy and Rules Concerning Rates for Competitive Carrier Services and Facilities Authorizations Thereof, CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01131.txt
  • Service Report to Congress)). The Commission defines ``enhanced services'' as ``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.'' 47 C.F.R. � 64.702(a). The 1996 Act describes these services as ``information services.'' See 47 U.S.C. � 153(20) (``information service'' refers to the ``offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications.''). See also Universal Service Report to Congress, 13 FCC Rcd at 11516 (the ``1996 Act's definitions of telecommunications service and information service essentially
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980056.html
  • ex parte presentations or summaries of oral ex parte presentations in these proceedings in the manner specified above. We also require all written ex parte presentations or summaries of oral ex parte presentations in this proceeding to be served on all parties to the proceeding. - FCC - $// PN, Bell Atlantic's CEI Plan DA 97-0000 //$ $/ 47 CFR 64.702 /$
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-97.pdf
  • name to AirTouch Cellular - San Diego. 44.Call America Business Communications changed its name to GST Call America, Inc. ("GST CA"). 45.DeltaCom, Inc. changed its name to ITC^DelltaCom Communications, Inc. 46.Eclipse Telecommunications, Inc. was formerly known as Network Long Distance, Inc. 47.Frontier Advanced Service Technologies Inc., formerly Link USA, Inc., provides international enhanced services. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. 48.GTE Communications Corporation consists of GTE Long Distance and prepaid card services. GTE Wireless Incorporated was formerly GTE Mobilnet and GTE Contel Cellular. Interstate FiberNet, Inc. was formerly Eastern Telecom, Inc. 49.IXC Long Distance, Inc. changed its name to IXC Communication Services, Inc. in June, 1998. 50.RCN Telecom
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f02.pdf
  • it provides only enhanced services, and, therefore, does not meet the requirement to file pursuant to section 43.61 of the Commission's rules. 15/ Intetech, L.C., after October 1, 2001, sold its assets to Campus Communications Group, Inc. 16/ KPU Telecommunications, City of Ketchikan d/b/a Ketchikan Public Utilities, defined its international data services within the definition of enhanced services under section 64.702 , and, therefore, exempt from filing section 43.61. 17/ Lemonweir Valley Telephone Company's subsidiary, LVT Corporation, for calendar year 2002, determined that it did not offer international services. 18/ Local Communications Network, Inc. has determined itself to be a private carrier, and no longer subject to section 43.61 of the Commission's rules. 19/ Melbourne International Communications, Limited filed for liquidation
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/filingmanual.doc http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/filingmanual.pdf
  • visual or other electromagnetic systems and can entail the carriage of traffic or the provision of dedicated communications channels. A service channel or circuit is a path for electronic transmission of information between two or more points. All common carriers must file international traffic data, regardless of whether service is offered pursuant to tariff. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. Enhanced services incorporate code and protocol conversion, information provision or information processing as a fundamental part of the service purchased by the customer. Simple packet switching, for example, is not considered to be an enhanced service despite the fact that the network temporarily stores packets. A packet switching
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/03socc.pdf
  • enhanced services and, therefore, does not meet the requirement to file pursuant to section 43.61 of the Commission's rules. 15/ Intetech, L.C., after October 1, 2001, sold its assets to Campus Communications Group, Inc. 16/ KPU Telecommunications, City of Ketchikan d/b/a Ketchikan Public Utilities, has determined its international data services to be within the definition of enhanced services under section 64.702 and, therefore, is exempt from filing section 43.61 data. 17/ Lemonweir Valley Telephone Company's subsidiary, LVT Corporation, for calendar year 2002, determined that it did not offer international services. 18/ Local Communications Network, Inc., has determined itself to be a private carrier, and no longer subject to section 43.61 of the Commission's rules. 19/ Melbourne International Communications, Limited filed for
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/SOCC/97socc.pdf
  • name to AirTouch Cellular - San Diego. 27.Call America Business Communications changed its name to GST Call America, Inc. ("GST CA"). 28.DeltaCom, Inc. changed its name to ITC^DelltaCom Communications, Inc. 29.Eclipse Telecommunications, Inc. was formerly known as Network Long Distance, Inc. 30.Frontier Advanced Service Technologies Inc., formerly Link USA, Inc., provides international enhanced services. Enhanced services as defined by Section 64.702 of the Commission's rules are exempt from the Section 43.61 filing requirements. 31.GTE Communications Corporation consists of GTE Long Distance and prepaid card services. GTE Wireless Incorporated was formerly GTE Mobilnet and GTE Contel Cellular. Interstate FiberNet, Inc. was formerly Eastern Telecom, Inc. 32.IXC Long Distance, Inc. changed its name to IXC Communication Services, Inc. in June, 1998. 33.RCN Telecom
• http://www.fcc.gov/Bureaus/Common_Carrier/in-region_applications/bellsouth_sc/bs271sc.pdf
  • with concerns about Bell company cost misallocation. See, e.g., 47 U.S.C. � 254(k) (requiring Commission to implement regulations as necessary "to ensure that" BellSouth, September 30, 1997, South Carolina Report and Order, Inquiry into the Use of the Bands 825-845 MHZ and 870-890 for Cellular 55. Communications Sys., 86 FCC 2d 469, 494, � 50 (1981) (cellular); Amendment of Section 64.702 of the Commn's Rules and Regulations (Second Computer Inquiry); Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 453 � 177 (Bell System), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198, 211 (D.C. Cir. 1982). -88- revenues from regulated services are not used to subsidize competitively
• http://www.fcc.gov/Bureaus/International/Orders/2000/fcc00339.doc
  • aircraft companies. Communications relate to safe, efficient, and economical operation of aircraft. Typical messages concern aircraft performance, fuel, weather, position reports, and essential services and supplies. Public correspondence (e.g., private or personal messages of passengers or crew) is not permitted. Id. at 23,942, para. 117. Id. Id. Id. at 23,942, para. 118. ARINC Petition; ARINC Reply. See 47 C.F.R. � 64.702(a) (defining enhanced services). ARINC Petition at 3-6. The Telecommunications Act of 1996 uses the terms ``telecommunications services'' and ``information services,'' rather than the terms ``basic services'' and ``enhanced services.'' In the Universal Service Report to Congress, the Commission concluded that the definitions of ``telecommunications services'' and ``information services,'' added to the Act by the Telecommunications Act of 1996, "essentially correspond
• http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.doc http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.pdf http://www.fcc.gov/Bureaus/Miscellaneous/Notices/2000/fcc00355.txt
  • 3196 � 72. The Commission explicitly considered data processing services provided via LECs and other traditional telecommunications carriers as early as 1966, when the first Computer Inquiry was launched. See Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services and Facilities, Docket No. 16979, Notice of Inquiry, 7 FCC2d 11 (1966) (Computer I); Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Docket No. 20828, Final Decision, 77 FCC2d 384 (1980) (Computer II); Amendment of Section 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), CC Docket No. 85-229, Report and Order, 104 FCC2d 958 (1986) (Computer III). See UNE Remand Order at � 306; 47 C.F.R. � 51.319(c)(3). See AT&T/TCI Order,
• http://www.fcc.gov/Bureaus/OPP/working_papers/29nofigs.pdf
  • are now more than 10,000 Usenet newsgroups in operation. See Computer II Final Order, 77 FCC2d 384 (1980). For a discussion of the history of the basic/enhanced 61 distinction and its applicability to Internet access, see Robert Cannon, "What is the 'Enhanced Service Provider' Status of Internet Service Providers?" FCBA News , February 1997. "Enhanced services" are defined in section 64.702(a) of the FCC's rules. See 47 C.F.R. 64.702(a) 62 31 fit within the statutory definition. If some Internet services fall within the definition of "telecommunications," however, who are the "carriers" that should be subject to regulation? 59 Would it be possible to regulate some services and not others, such as Usenet newsgroups,60 which do not seem to satisfy the three-pronged
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.txt http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp29.wp
  • are now more than 10,000 Usenet newsgroups in operation. See Computer II Final Order, 77 FCC2d 384 (1980). For a discussion of the history of the basic/enhanced 61 distinction and its applicability to Internet access, see Robert Cannon, "What is the 'Enhanced Service Provider' Status of Internet Service Providers?" FCBA News , February 1997. "Enhanced services" are defined in section 64.702(a) of the FCC's rules. See 47 C.F.R. 64.702(a) 62 31 fit within the statutory definition. If some Internet services fall within the definition of "telecommunications," however, who are the "carriers" that should be subject to regulation? 59 Would it be possible to regulate some services and not others, such as Usenet newsgroups,60 which do not seem to satisfy the three-pronged
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.txt http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp30.wp
  • maximum separation requirement meant that common carriers could offer data processing services only through a separate corporate entity having separate accounting records, personnel, 138 See United States v. Western Electric Co., 13 Rad. Reg. (P&F) 2143, 1956 Trade Cas. (CCH) 71,134 (D. N.J. 1956) (the 1956 Decree). 139 See ESP Status of ISPs at p. 12. 140 Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Final Decision, 77 FCC 2d 384 (1980) (Computer II Final Order), recon., 84 FCC 2d 50 (1980), further recon., 88 FCC 2d 512 (1981), aff'd sub nom., Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982) (CCIA), cert. denied, 461 U.S. 9389 (1983); Amendment of Section 64.702
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.doc http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp31.txt
  • III, determining that a series of non-accounting safeguards would serve the same non-discrimination policy without requiring physical separation of services. The Ninth Circuit Court of Appeals remanded the Computer III order to the Commission with instructions to further explain its decision to lift structural separation. See California v. FCC, 4 F.3d 1505 (1993). In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). In 1996, Congress effectively replaced the FCC's basic and enhanced terminology with ``telecommunications'' and ``information'' service categories. The Commission has noted that ``telecommunications services'' and ``basic services'' appear to extend to the same services, as do ``information
• http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.doc http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.pdf http://www.fcc.gov/Bureaus/OPP/working_papers/oppwp32.txt
  • definitions correspond to the categories of basic and enhanced services, respectively. For a general discussion, see In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd 11501 (1998). Basic services are defined as a common carrier offering of a pure ``transmission capacity for the movement of information.'' Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384, 419 (1980) (Computer II Final Decision). 47 C.F.R. � 64.702(a). The analysis contained in this paper is based solely on publicly available information. As in most markets, information about Internet backbone prices and costs is proprietary. In addition, information about the nature of relationships between Internet backbone
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/209968-1.pdf
  • intended that "the two categories" of services "be separate and distinct, and that information service providers not be subject to telecommunications regulation." Report to Congress, Federal-State Joint Board on Universal Service, CC Dkt. No. 96-45, � 43 (Apr. 10, 1998) (emphasis added). As used in the 1996 Act, the two categories of services "are mutually 3Final Decision, Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 F.C.C.2d 384 (1980), recon., 84 F.C.C.2d 50 (1980), further recon., 88 F.C.C.2d 512 (1981), aff'd sub nom. Computer and Communications Indus. Ass'n v. FCC, 693 F.2d 198 (D.C. Cir. 1982), cert. denied, 461 U.S. 938 (1983). SBC Communications Inc.: June 30, 1998 Page 4 exclusive." Id. �� 13, 39; id. �
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210020-1.pdf
  • 255. In the NPRM, the Commission acknowledges the ADA's limited definition for "readily achievable"22and proposes to use this approach in its application of Section 255.2' CEMA agrees generally with this definition, and with the factors the Commission proposes to use in assessing whether an accommodation is "readily achievable" under Section 255.24 CEMA 20 In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), 77 FCC 2d 384,438 (1980). 21 Id. at 439. 22 The ADA defines "readily achievable" as "easily accomplishable and able to be carried out without much difficulty or expense."See Section 255(a)(2) of the Communications Act, 47 U.S.C. 9 255(a)(2). 23 NPRM at 194. 24 As noted above in Section III of
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210026-1.pdf
  • when the software has a telecommunication purpose, it should be covered, since the software serves to provide electronic operating instructions. IV.Nature of Statutory Requirements A. Definition of "Disability" TDI supports the FCC's proposal to follow without modification or enhancement the ADA definition of "disability," as set out below. 6 See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 (1985) (&`A T.4 Centrex Order). recon., 3 FCC Red 4385 (1988). ' Access Board Order, 63 Fed. Reg. at 5612. 11 Section 255(a)(l) of the Act provides that "the term `disability' has the meaning
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210069-1.pdf
  • 142. (Footnote continued from prior page) availability of services to the disabled without discouraging the development of new and improved technology. sE?E?. p .w fm 4657 (1991). f 199.Q, 6 FCC Red ' Compare 47 U.S.C. � 153(43) (defining fftelecommuni- cations" as transmissionffwithout change in the form or content of the information as sent and received") with 47 C.F.R. � 64.702 (implementing CI-II orders by defining enhanced services as those "that act on the form, content, code,protocol or similar aspects of the subscriber's transmitted information"). ,. -. ,. 5 The Commission's tentative conclusion is clearly correct. The definitions of these key terms used in Section 255 were contemporaneously enacted, and as the EERH points out (1 35) there is no indication
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210090-1.pdf
  • might be considered "information services" when viewed in light of the way the service is offered today. E-mail provides an interesting example. In its Report to Congress on Universal Service, the FCC suggested that e-mail was an information service in part because it was not sold on a * See North American Telecommunications Association Petition for Declaratory Ruling under Section 64.702 of the Commission's Rules Regarding the Integration of Centrex, Enhanced Services, and Customer Premises Equipment, ENF No. 84-2, Memorandum Opinion and Order, 101 FCC 2d 349 ( 1985) (NATA Centrex Order), recon., 3 FCC Red 4385 (1988). 9 In the Matter of Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as amended,
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210095-1.pdf
  • regulatory freedom that the Commission concluded in Compufer II was important to the health and competitive development of the enhanced-services industry" and that such a presumption would be "inconsistent with the deregulatory and procompetitive goals of the 1996 Act.""In addition, the Commission voiced concern that "uncertainty about whether [it] would forbear from applying specific --~-----~ -___-. 11 47 C.F.R. 9 64.702(a). 12 NPRM at 7 42. 13 Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, FCC 98-67 (rel. April 10, 1998) ("Report to Congress'?. 14 Report to Congress atlj39,47. 15 Id. at j'f 46, 47. 9 provisions could chill innovation."16Applying Section 255 to information services would fly in the face of these conclusions Moreover, there is
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/210097-1.pdf
  • U.S.C. � 153(45) (emphasis added). 89 See NPRM at � 49 ("In short, to the extent end users must interact with equipment to use telecommunications services, Section 255 applies."). Indeed, the term CPE was created and has traditionally been used in the context of equipment used to facilitate common carrier services. See, e.g., In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations (Second Computer Inquiry), Memorandum Opinion and Order on Further Reconsideration, 88 F.C.C.2d 512 n.1 (1981)("For purposes of this docket, customer-premises equipment includes all equipment provided by common carriers in the fifty states, the District of Columbia, Puerto Rico and the Virgin Islands and located on customer premises except over voltage protection equipment, inside wiring,
• http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.pdf http://www.fcc.gov/Bureaus/Wireless/Comments/fcc98055/ms-r.txt
  • information services could seriously curtail the regulatory freedom that the Commission concluded in Computer II was important to the healthy and competitive development of the enhanced-services industry. Id. at 46. These findings remain true in the Section 255 context. Nevertheless, although information effectively available to the public, regardless of the facilities used. Id. at 153(46). 8 See Amendment of Section 64.702 of the Commission s Rules and Regulations (Computer II), Tentative Decision and Further Notice of Inquiry and Rulemaking, 72 FCC 2d 358 (1979), 77 FCC 2d 384 (1980), on recon., 84 FCC 2d 50 (1980), on further recon., 88 FCC 2d 512 (1981), aff d sub. nom. Computer and Communications Industry Ass n v. FCC, 693 F.2d 198 (D.C. Cir.
• http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98134.pdf
  • 201 and 202 make it difficult for competitive providers to negotiate freely and to tailor terms and conditions of service to the specific needs of particular customers). 79 See BANM comments at 19 (citing Private Line Rate Structure and Volume Discount Practices, Report and Order, 97 FCC 2d 923, 947-49, �� 38-42 (1984)); see also Petitions for Waiver of Section 64.702 of the Commission's Rules, Memorandum Opinion and Order, 100 FCC 2d 1057, 1106 n.87 (1985) ("Indeed, there is an evolving policy . . . that flexibility in the pricing of private line services such as nondiscriminatory bulk discount offerings is desirable . . ."). 80 See PCIA Petition at 24-26. 81 See Implementation of Sections 3(n) and 332 of the
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.pdf http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00366.txt
  • if the Commission authorizes that Bell operating company or any Bell operating company affiliate to provide interLATA services under Section 271(d) . . . . [subject to requirements and exceptions].'') See 47 U.S.C. � 549 (governing commercial consumer availability of equipment used to access services provided by multichannel video programming distributors). That section states: ``Nothing in this section affects Section 64.702(e) of the Commission's regulations (47 C.F.R. 64.702(e)) or other Commission regulations governing interconnection and competitive provision of customer premise equipment used in connection with basic common carrier communications services.'' 47 U.S.C. � 549(d)(2). S. Conf. Rep. No. 104-230, 104th Cong., 2d sess. at 91 (1996) (1996 Act Conference Report). 1996 Act Preamble. See Local Competition First Report and Order, 11
• http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf http://www.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt
  • Commission's tentative conclusions today may be read by some as leading down a different road. For the foregoing reasons, I dissent in part and concur in part. _____________________ ^1 See, e.g., Policy and Rules Concerning the Interstate, Interexchange Market, 16 FCC Rcd 7418 (2001); Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 FCC Rcd 24012 (1998); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer III), 104 FCC 2d 958 (1986); Amendment of Section 64.702 of the Commission's Rules and Regulations (Computer II), 77 FCC2d 384 (1980); see also Independent Data Communications Manufacturers Association, Inc., 10 FCC Rcd 13717 (1995). References 1. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.txt 2. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.pdf 3. http://transition.fcc.gov/Speeches/Copps/Statements/2002/stmjc206.html#N_1_
• http://www.fcc.gov/Speeches/Powell/Statements/2001/stmkp104.doc
  • have been sending false messages in their names, creating its own set of problems. AOL today deals with these issues chiefly by using live monitors, to whom its users can report problems. It is not clear that AOL would be able to do this with messages that come from outside its system. See In the Matter of Amendment of Section 64.702 of the Commission's Rules and Regulations, 77 FCC 2d 384, 428-40 (1980) (Computer II). See, e.g., Remarks of William E. Kennard, Chairman, Federal Communications Commission Before the Summer 2000 Session of the National Association of Regulatory Utility Commissioners (July 24, 2000) ("[p]erhaps the FCC's most important decision-we decided to leave the Internet unregulated"); Remarks of Chairman Kennard Before the National
• http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.doc http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.html http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt121.txt
  • we avoided the calls for a one size fits all traditional rulemaking on interoperable Internet communications networks. If the Commission had allowed the inevitable time delay that arises in a general rulemaking, the outcome would have come so late in the day as to be meaningless. Compare Dissenting Statement of Commissioner M. Powell at 13. See, e.g., Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958 (1986) (Report and Order)(requiring AT&T, the long-distance monopolist, to open its basic network facilities to enhanced service providers); See also id. at 1006(mandating an "Open Network Architecture" that would "permit all users of the basic network ... to interconnect to specific basic network functions and interfaces on an
• http://www.fcc.gov/cgb/policy/operatorservices.html
  • aggregator locations such as hotels, hospitals, and educational institutions. The Commission has adopted rules to ensure that customers are able to reach their preferred long distance carrier from public telephones and receive sufficient information about the rates they will pay for operator services at public phones and other aggregator locations, thereby fostering a more competitive OSP marketplace (see 47 C.F.R. 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [36]Word | [37]Acrobat 12/12/2001 Second Order on
• http://www.fcc.gov/cgb/policy/operatorservicesSpanish.html
  • contacto con la operadora de larga distancia de su preferencia desde un telfono pblico y puedan recibir suficiente informacin acerca de las tarifas que pagarn por los servicios de operador desde un telfono pblico y desde otros sitios, promoviendo as un mercado de los OSP ms competitivo (ver el Cdigo de Regulaciones Federales (C.F.R., por sus siglas en ingls) 47 64.702 et seq.) Major Operator Services Orders and Notices 08/20/2003 Report and Order, Forbearance From Applying Provisions of the Communcations Act to Wireless Telecommunications Carriers, Declined with two limited exceptions, to forbear any further from applying provisions of the Telephone Operator Consumer Services Improvement Act to CMRS aggregators, WTB Docket No. 98-100, FCC 03-203 [31]Word | [32]Acrobat 12/12/2001 Second Order on
• http://www.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • (emphasis added); 47 C.F.R. 68.106(a) ("Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment ... ."); 47 C.F.R. S 64.702(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.") (emphasis added). See generally, Policy and Rules Concerning the Interstate, Interexchange
• http://www.fcc.gov/eb/Orders/2008/DA-08-819A1.html
  • WITHOUT CONSIDERATION in accordance with the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See Complaints Against Various Licensees Regarding Their Broadcast of the Fox Television Network Program "Married By America" on April 7, 2003, Forfeiture Order, FCC 08-63 (rel. February 22, 2008). Petition for Reconsideration at 1-2 n.2. 47 C.F.R. S: 1.48(b); see Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry); and Policy and Rules Concerning Rates for Competitive Common Carrier Service and Facilities Authorization Thereof; and Communications Protocols Under Section 64.702 of the Commission's Rules and Regulations, Order, 2 FCC Rcd 4211, 4211 (CCB 1987) ("Amendment of Sections 64.702, etc. Order"). See Amendment of Sections 64.702 etc. Order, 2 FCC Rcd
• http://www.fcc.gov/mb/engineering/76print.html
  • of service.
    

    Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service.

    
    [TOP]
    76.1210 Effect on other rules.
    

    Nothing in this subpart affects 64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services.

    Subpart Q -- Regulation of Carriage Agreements

    
    

    Source: 58 FR 60395, Nov. 16, 1993, unless otherwise noted.

    
    [TOP]
    76.1300 Definitions.
    

    As used in this subpart:

• http://www.fcc.gov/mb/engineering/part76.pdf
  • determination. � 76.1209 Theft of service. top Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. � 76.1210 Effect on other rules. top Nothing in this subpart affects �64.702(d) of the Commission's regulations or other Commission Page 193of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Subpart Q-Regulation of Carriage Agreements top Source: 58 FR 60395, Nov. 16, 1993, unless otherwise noted. � 76.1300 Definitions. top As used in this
• http://www.fcc.gov/ogc/documents/filings/2004/BrandX.pet.app.final.pdf
  • less stringent regulation. This distinction tracked a series of prior admini- strative decisions by the FCC. Beginning in 1980, the FCC distinguished "basic" telecommunications services from "enhanced" information services in the belief that ensuring access to the former would encourage com- petition in the latter and provide consumers with a wider variety of information services. In the Matter of Section 64.702 of the Comm'n's Rules & Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 417, 0080 WL 233301 (1980). The 1996 law raised the question of whether the new broadband internet technologies 7a qualified as telecommunications services, information services, or a combination of the two. The FCC did not initially take a position on the regu- latory classification of cable modem service.
• http://www.fcc.gov/ogc/documents/opinions/2000/99-1094.doc http://www.fcc.gov/ogc/documents/opinions/2000/99-1094.html
  • Cir. 1995).}{\cs19\fs24\super\insrsid214472 \chftn {\footnote \pard\plain \ql \li0\ri0\sa240\widctlpar\faauto\adjustright\rin0\lin0\itap0 \fs20\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\cs19\fs24\super\insrsid214472 \chftn }{\fs24\insrsid214472 The regulatory definition states that ESPs offer "services ... which employ computer processing applications that act on the format, content, code, protocol or similar aspects of the subs criber's transmitted information; provide the subscriber additional, different, or restructured information; or involve subscriber interaction with stored information." 47 CFR \'a7 64.702(a).}}}{\fs24\insrsid214472 In its establishment of the access charge system for long\_distance calls, the Commission in 1983 exempted ESPs from the access charge system, thus in effect treating them like end users rather than long\_distance carriers. See }{\i\fs24\insrsid214472 In the Matter of MTS & WATS Market Structure}{\fs24\insrsid214472 , 97 F.C.C.2d 682, 711-15 (\'b6 77-83) (1983). It reaffirmed this decision in 1991, explaining
• http://www.fcc.gov/ogc/documents/opinions/2003/02-1055.pdf
  • pricing pari- ty. The BOCs argue that the Commission itself took this position in Computer III when it declined to mandate any particular pricing standard for enhanced services, choosing instead to require BOCs to allow competitors to use basic network services on the same terms as the BOCs themselves used those services. See In the Matters of Amendment of Sections 64.702 of the Commission's Rules and Regulations (Third Computer Inquiry), 104 F.C.C.2d 958, 1052 � � 183�184 (1986) (Report and Order). But the Commission has revised this position. Indeed, the new services test was an outgrowth of the Commission's recognition that pricing parity alone would still permit BOCs to discriminate by ``set[ting] relative- ly low rates for the [basic service elements]
• http://www.fcc.gov/ogc/documents/opinions/2003/02-70518.pdf
  • stringent regulation. This distinction tracked a series of prior administrative decisions by the FCC. Beginning in 1980, the FCC distin- guished "basic" telecommunications services from "en- hanced" information services in the belief that ensuring access to the former would encourage competition in the latter and provide consumers with a wider variety of information ser- vices. In the Matter of Section 64.702 of the Comm'n's Rules & Regulations (Second Computer Inquiry), 77 F.C.C.2d 384, 417 (1980). The 1996 law raised the question of whether the new broadband internet technologies qualified as telecommu- nications services, information services, or a combination of the two. The FCC did not initially take a position on the regulatory classification of cable modem service. A number of federal
• http://www.fcc.gov/ogc/documents/opinions/2005/04-277-062705.pdf
  • jurisdiction to regulate interstate and foreign communications, see ��151�161. These two statutory classifications originated in the late 1970�s, as the Commission developed rules to regulate data-processing services offered over telephone wires. That regime, the �Computer II� rules, distinguished be- tween �basic� service (like telephone service) and �en- hanced� service (computer-processing service offered over telephone lines). In re Amendment of Section 64.702 of the Commission�s Rules and Regulations (Second Computer Inquiry), 77 F. C. C. 2d 384, 417�423, 86�101 (1980) (hereinafter Computer II Order). The Computer II rules defined both basic and enhanced services by reference to how the consumer perceives the service being offered. In particular, the Commission defined �basic service� as �a pure transmission capability over a communications path that