[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42275-42276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21087]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Chap. I
[CC Docket No. 97-134; FCC 98-163]
Treatment of the Guam Telephone Authority and Similarly Situated
Carriers as Incumbent Local Exchange Carriers
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Report and Order released July 20, 1998 adopts a rule
treating Guam Telephone Authority (GTA) as an incumbent local exchange
carrier. Adoption of this rule will ensure that the Territory of Guam
has the same opportunity as the rest of our Nation to benefit from pro-
competitive, market-opening effects. In the Order, we decline to adopt
the same rule with respect to a class or category of LECs situated
similarly to GTA, because the record does not identify any members of
such class or category.
EFFECTIVE DATE: September 8, 1998.
FOR FURTHER INFORMATION CONTACT: Alex Starr, Attorney, Common Carrier
Bureau, Policy and Program Planning Division, (202) 418-1580. For
additional information concerning the information collections contained
in this Order contact Judy Boley at (202) 418-0214, or via the Internet
at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
adopted July 15, 1998 and released July 20, 1998. The full text of this
Order is available for inspection and copying during normal business
hours in the FCC Reference Center, 1919 M St., NW., Room 239,
Washington, DC. The complete text also may be obtained through the
World Wide Web, at
http://www.fcc.gov/Bureaus/Common Carrier/Orders/fcc98163.wp, or may be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 1231 20th St., NW.,
Washington, DC 20036.
Regulatory Flexibility Certification
In conformance with the Regulatory Flexibility Act, as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996, we
certify that the rule adopted herein will not have a significant
economic impact on a substantial number of small entities. Our rule
treating GTA as an incumbent LEC pursuant to section 251(h)(2) will
affect only GTA and the limited number of entities that seek to
interconnect with GTA's network or resell GTA's services. Even if all
of these entities can be classified as small entities, we do not
believe that they constitute a ``substantial number of small entities''
for purposes of the Regulatory Flexibility Act.
Synopsis of Report and Order
I. Introduction
Pursuant to our express rulemaking authority in section 251(h)(2)
of the Communications Act of 1934, as amended (Act or Communications
Act), we adopt in this Report and Order the rule proposed by the
Commission in Guam Public Utilities Commission Petition for Declaratory
Ruling concerning Sections 3(37) and 251(h) of the Communications Act,
Treatment of the Guam Telephone Authority and Similarly Situated
Carriers as Incumbent Local Exchange Carriers under Section 251(h)(2)
of the Communications Act, 62 FR 29320, May 30, 1997 (Guam Ruling/
Notice). In particular, we adopt a rule treating Guam Telephone
Authority (GTA) as an incumbent local exchange carrier (LEC) for
purposes of section 251. Adoption of this rule will ensure that the
Territory of Guam (Guam) has the same opportunity as the rest of our
Nation to benefit from the pro-competitive, market-opening effects of
the Telecommunications Act of 1996. We decline at this time, however,
to adopt the same rule with respect to a class or category of LECs
situated similarly to GTA, because the record does not identify any
members of such class or category.
II. Background
2. In the Guam Ruling/Notice, the Commission resolved a Petition
for Declaratory Ruling filed by the Public Utilities Commission of the
Territory of Guam (Guam Commission) regarding sections 251(h)(1) and
3(37) of the Communications Act. The Commission held that (i) GTA--the
only LEC throughout Guam--is not an ``incumbent local exchange
carrier'' within the meaning of section 251(h)(1), and (ii) GTA is a
``rural telephone company'' within the meaning of section 3(37).
3. One effect of the Commission's holdings in the Guam Ruling/
Notice was that GTA could permanently avoid the interconnection,
unbundling, resale, and other obligations imposed on incumbent LECs by
section 251(c) of the Communications Act. Imposing these obligations on
incumbent LECs, including rural telephone companies in appropriate
circumstances, is one of the 1996 Act's primary methods of fostering
the development of competition in the local exchange market. As a
result, in the Guam Ruling/Notice, the Commission also issued a Notice
of Proposed Rulemaking proposing that the Commission adopt, pursuant to
section 251(h)(2) of the Communications Act, a rule providing for the
treatment of GTA as an incumbent LEC for purposes of section 251. Under
section 251(h)(2), the Commission ``may, by rule, provide for the
treatment of a local exchange carrier (or class or category thereof) as
an incumbent local exchange carrier for purposes of (section 251)'' if:
(A) such carrier occupies a position in the market for telephone
exchange service within an area that is comparable to the position
occupied by a carrier described in paragraph (1); (B) such carrier
has substantially replaced an incumbent local exchange carrier
described in paragraph (1); and (C) such treatment is consistent
with the public interest, convenience, and necessity and the
purposes of this section. 47 U.S.C. 251 (h)(2).
4. In the Guam Ruling/Notice, the Commission sought comment on the
proposal therein to adopt a rule pursuant to section 251(h)(2) treating
GTA as an incumbent LEC for purposes of section 251. The Commission
also sought comment regarding whether LECs situated similarly to GTA
exist and, if so, whether the Commission should adopt the same rule
with respect to such class or category of LECs.
III. Discussion
5. hereby adopt in this Report and Order the rule proposed by the
Commission in the Guam Ruling/Notice. In particular, pursuant to our
express rulemaking authority in section 251(h)(2) of the Act, we adopt
a rule treating GTA as an incumbent LEC for purposes of section 251.
6. We decline at this time, however, to adopt a general rule under
section 251(h)(2) treating as incumbent LECs all members of a class or
category of LECs situated similarly to GTA. We so decline because the
record does not indicate
[[Page 42276]]
that any LEC situated similarly to GTA exists. We may revisit this
issue if and when we become aware of the existence of a LEC or class or
category of LECs similarly situated to GTA.
IV. Final Regulatory Flexibility Analysis
7. Pursuant to the Regulatory Flexibility Act (RFA), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), the Commission certified in the Guam Ruling/Notice that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. We received no comments regarding
this certification.
8. In conformance with the RFA, as amended by the SBREFA, we
certify that the rule adopted herein will not have a significant
economic impact on a substantial number of small entities. Our rule
treating GTA as an incumbent LEC pursuant to section 251(h)(2) will
affect only GTA and the limited number of entities that seek to
interconnect with GTA's network or resell GTA's services. Even if all
of these entities can be classified as small entities, we do not
believe that they constitute a ``substantial number of small entities''
for purposes of the Regulatory Flexibility Act.
9. The Commission's Office of Public Affairs, Reference Operations
Division, shall send a copy of this Report and Order, including the
foregoing certification and statement, to the Chief Counsel for
Advocacy of the Small Business Administration. It shall also include a
copy of this Report and Order, including the foregoing certification
and statement, in the report to Congress.
V. Ordering Clauses
10. Accordingly, it is ordered, pursuant to sections 1, 2, 4, 251,
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
151, 152, 154, 251, and 303(r), that the report and order is adopted,
and the requirements contained herein shall become effective September
8, 1998.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-21087 Filed 8-6-98; 8:45 am]
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